they were trying to save his wife's life. prosecutors arguing that the doctor's 911 call was an act. key witnesses in the case cowl be the doctor's daughters. we have been following the messtry of the blond hair girl found in greece. police suspect she's been kidnapped. there's a similar case in ireland with another child found. these cases are renewing hope for families of missing children around the world and dna tests may be providing answers. today is a very big day for prince william and duchess katherine, even bigger day for guy in the center, young prince george. he's set to be christened in just a few hours time. the royal couple veering a little bit from tradition in some interesting ways. we'll share that with you, coming up. we begin this hour with the

fallout from the obama care rollout. kathleen sebelius speaking exclusively with cnn. we'll get to that in just a moment. you do want to hear what she has to say. the president is bringing in a new fleet of experts to get the website up and running properly. in a new message he's asking you to be part of team obama care. cnn's senior white house correspondent jim acosta with the latest. hey, jim. >> good morning, kate. even though the white house has appointed a management guru to oversee the repairs to the obama care website, the white house is racketing up the pressure. >> hi, everybody. >> reporter: the white house is out to make sure the bugs in the obama care website don't bite back. the president recorded this video message for his post campaign volunteer team to spread the message of patience. >> by now you probably heard the website has not worked as smoothly as it was supposed to. >> reporter: the obama

administration appointed jeff zients. >> he's being brought on by hhs, i would refer you to hhs were. >> reporter: the white house is offering few details about the website. >> i would refer you to hhs for that. >> reporter: republicans want more oversight, calling for weekly reports on the website's progress and delay of the individual mandate to buy insurance if the tech issues continue. >> the president put politics ahead of his own program working effectively and easily for hundreds of millions of americans. >> reporter: former vice presidential candidate paul ryan is the latest top gop leader to call on health and human services secretary kathleen sebelius to step down. saying on a republican conference call, this rollout has been a fiasco. i think some people should be held responsible. but clay johnson, a former white

house innovation fellow who worked on i.t. projects for the administration says the real problem is with the government contractors who built the site. >> i think they don't know how to measure success. the federal government wants to innovate so badly but doesn't have the access to the right kinds of contractors that it needs in order to pull off these kinds of innovation. >> reporter: a democratic source tells cnn house republicans were offered a briefing by hhs on obama care just days before those insurance exchanges were open for business on the website, but a house republican source also tells cnn that that briefing was never offered but if the offer still stands, they'll take it. in the meantime, chris, we should also point out that democrat gene shaheen is also saying perhaps the individual mandate should be delayed until the website is back up and running at full capacity. chris? >> we have concerns about the future and the problems right

now. if in three weeks of frustration over these website issues. kathleen sebelius is facing calls to resign. she's the health care honcho. they want to hold her accountable. she hasn't really spoken about it until now. chief medical correspondent dr. sanjay gupta asked her about the flawed rollout and her future in an exclusive cnn interview. he joins us now. sanjay, good morning. >> good morning, chris. the pressure has been mounting for some time. i asked her about the website questions, the same questions jim was talking about and she does say, look, this is primarily a high traffic issue but that that high traffic unmasked other problems, including problems with the ability to register on to the website. that is obviously no small problem. i also wanted it get sort of a peek behind curtain at what was happening leading up to this rollout on october 1st and what the confidence level was going in. that's where we started. take a listen. according to congressional investigators, just weeks before the lunch about two-thoirirds o

insurers had specific concerns that the website would not be ready. just days before the lunch, the website crashed with a few hundred users at that time. how was a decision made to still go forward? >> there are people in this country who avoided decades for affordable health coverage for themselves and their family. i see them all over the country. you probably saw them on your recent bus tour, people who are eager for this to happen and what's clear is we have a product. the product really works. we have create a market where there wasn't a market. people have competitive, private plans at affordable prices. they have the advantage if they don't have employer paying a share of their coverage, they'll have tax help paying a share of the coverage. >> the president did say he was angry about this. do you know when he first knew there was a problem? >> well, i think it became clear fairly early on. the first couple of days.

>> not before that, though, not before october 1st, there was no concern at that point with the white house or hhs? >> i think we talked about having testing going forward and if we had an ideal situation and could have built a product in a five-year period of time we probably would have taken five years. >> how many people have signed up? >> we'll be doing what we've done with every other program, medicare part "d," we've done it with chip. we will give monthly enrollment figures. we've said that since the beginning. what we can tell you, we have 500,000 plus accounts right now with people who have established that or are in the process of shopping for affordable coverage. >> it seems like an important thing to know, especially given all the problems with the site, how well is it working? can you say how well health c e healthcare.gov is working? we know there's problems. >> thousands of people have

signed up. we know people are getting through every day. it is not where we need it to be. itten is as smooth as we want it to be for the volume of people who watch the this product. >> there's a lot of frustration obviously in the up -- country. did you ever talk about resigning to the president. >> what i talked about is doing the job i came here to do. this is the most important work i've ever done in my life, delivering on an historic act, macing sure that we have health security for the millions of, this law was passed 3 1/2 years ago. i've been working day in and day out to implement this law. >> there is a lot of frustration as you know, madam secretary. if this persists or even at this point now, would you consider resigning over this? >> i think my job is to get this fully implemented and to get the website working right. and that's really what i'm focused on. i work at the pleasure of the president. he is singularly focused on making sure we deliver on this

promise. that's what i'm committed to doing. >> so sanjay, you're going after cheney, going after sebelius. "60 minutes" is turning you into mike wallace. you're pushing her. it's an interesting observation. what do you make of the secretary's response to the allegations, response about her, about the program, do you believe that by playing it safe she's opening herself up to criticism? >> yes. i think it's a fair question. i think on one hand you have two die m diametrically opposed views. she's talking about providing health insurance for a few million people. and this delay is a small problem in the overall scheme of things. on the other hand, this is one of the biggest domestic policies and it has not gone smoothly.

this is the biggest thing she's had to deal with over the last 3 1/2 years. it depends on your perspective. i don't know if it characterizes it as going after her as much as this idea of who knew what when and what went wrong. it's not to suggest things could not go smoothly going forward or more smoothly than they have but how is that going to happen, exactly? >> you have to press, sanjay. the problems have become metaphor for the law overall. the timing is important, the base is important and the fix becomes very important. you know, raises the question, can they fix it and if it doesn't, does it mean they'll have to rethink big parts of how this law rolls out? >> i think the answer is in part psychological and in part pragmatic. from a psychological perspective, people were sitting on the phen with this, chris. they had heard about it. weren't quite sure what they were going to do, were they going to pay the penalty or

enroll. this may have caused a little bit of loss of confidence in some of those people psychologically. from a pragmatic standpoint, they say we are going to bring in the "a" team to address this situation, which, of course, i responded by saying why wasn't the "a" team already here given the magnitude of what we're talking about? that's something we'll get into next hour, chris. it is -- i think she's very optimistic, still, that things are going to get fixed and reminds us that we have six months until the end of march to actually sign up. we're still in the first month. >> really important because the implications for people's health care all across the country. sanjay gupta asking the right questions. if we might indulge for a second, just to say, just to say, just when we thought you couldn't get any better, you do. today is your birthday. 29 years old. >> amazing. >> doesn't look a day over 28. >> happy birthday, sanjay. >> thank you very much. >> there's no better way to

celebrate than via satellite and spending time with you guys today. >> bright and early in the morning. >> thank you for bringing us the interview and asking the tough questions. >> that's great. he is ageless, though. >> he really is. if you can believe it. looking good. that's all you can ask for. >> we'll have sanjay gupta back later in the show. the headlines, more than 11 tons of chicken, ham and beef products recalled over concerns that they contain -- they are contaminated with listeria. resers fine foods recalling products that were distributed to retailers and distributors in 27 states, including florida, new york and texas. the partial government shutdown could mean you may have to wait longer for your refund.

the 2013 season will begin a week or two weeks later than usual. the agency will not start accepting your tax returns until around the end of january but you'll have to get your paperwork in by april 15th. a white house national security official fired after it was reveal that he was behind anonymous tweets that sometimes criticized and even ridiculed the obama administration. cnn confirming this man, director of nonpro-live rag was the man responsible for for @natsackwonk. 36-year-old gerald weston green was apparently trying to get the attention of supreme court members. and here's a question.

is a blowout the same as bullying? one high school football team near ft. worth destroyed another team 91-0. the father of a player on the losing team claims running up the score was an act of bullying and the opposing coaches should have done something to stop it. he has filed a complaint with the school district. the winning coach says his team did nothing wrong and is trying to get ready for the playoffs. >> take? >> i think it's an overreach and it bothers me to could potentially dilute the actual battle we have against bullying right now. >> take? >> i'm having a hard time with it. i don't know. >> there's etiquette in sports not to run up a score. >> apparently they didn't play their starting lineup. they were doing what they could. >> it's a game. you learn as much from losing as winning. you made the right point. bullying matters to trivialize it with sports like this. especially this is awareness month of it.

this is not what bullying is about. this is a bad beatdown in sports. you can argue etiquette but not bullying. >> it is important. kids learn so many cues from sports. >> not bullying. how about a check of the weather, karen mcginnis in for indra petersons. thanks for joining us. >> thanks so much, chris, good morning to you and kate and michaela. we do have an area of low pressure that's going to create some problems across the northeast. that with the cold air that's in place. those are the weather headlines with the big chill that's occurred this week. temperatures had been fairly mild, a little bit of a fall, but it looks like we're headed into what seems to be a prewinter forecast as this area of low pressure begins to pull away, that starts to alleviate some of the rainfall and drizzle and low visibility in places like new york city and boston. can't rule that out, going in later this afternoon and evening. the temperatures, 5 to 10 degrees below where they should be for this time of year. new york city, temperatures

should be running into the 60s but we'll only expect 50s coming up for this afternoon. chicago should be in the 60s but only in the 40s, not just for today but going into tomorrow. we have lake-effect snow in places like rochester and syracuse. not big but you know, it's just the beginning of the winter season. we'll talk more about that. chris, kate, back to you. >> karen, thank you so much. coming up next on "new day," 911 calls reveal the chaos during that nevada school shooting. and we're hearing more this morning about the hero teacher who died trying to end the rampage. have you been following the trial out in utah? a doctor accused of killing his wife. he's on trial now, those are the allegations. suggestions of overmedication, a bizarre bathroom scene with paramedics fearing for their safety, painting the doctor as a monster but can they make the case? the key witnesses against him, get this, may be his own daughters. we'll go inside the case. two attorneys on it.

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we have newly released frantic 911 calls that give an in-depth look at the deadly shooting in nevada. this morning, the details of the horror and the heroism that prevented an even bigger tragedy. steveny nn nn nny elam is in sp nevada. >> reporter: good morning, chris, kate and michaela. it is frightening to hear what these students were dealing with when this all went down on their campus. we now know, according to one

student who ran for his life that the shooter was yelling, yelling different things like why are you laughing at me? why are you doing this to me? because of the quick thinking of a teacher that lost his life and the staff and other students, that shooter was not able to get into campus and it might have saved a lot more lives. the terror that unfolded at nevada sparks middle school on monday lasted just three minutes. >> we have a shooting at our school. >> you have a shooting. >> we have a teacher down. >> don't hang up. hold on one second. >> reporter: but newly released 911 calls captured the chilling scene that lasted three minutes too long. >> this is a tune from the sparks middle school. can you please send police down here. there's a kid with a gun. >> where are they with a gun? >> huh? >> where are they with the gun? >> sparks middle school. >> i know but where at the school? that's what i'm saying. >> by the basketball court.

>> by the basketball court? >> yes. please send someone now. >> reporter: police say a 12-year-old seventh grader shot two students and a teacher. one student in shoulder, the other in the abdomen before killing himself. the two students now stable and recovering. >> somebody brought a gun to school that shot a teacher. >> the teacher is down? >> yes. >> okay. we'll get somebody out there right away. you're at sparks middle school? >> yes. >> i turn around and see a teacher approach the gunman and then the gunman is pointing the gun towards the teacher and he fires a shot at the teacher and then everybody started screaming and running. >> reporter: officials say 45-year-old mike landsberry, the popular math teacher and coach calmly walked toward the shooter, hands raised trying to convince him to put the gun down. >> mr. landsberry's heroic actions by stepping toward the

shooter allowed other students to flee the area. >> reporter: >> reporter: he's been hailed a hero, a decorated marine. >> he was a soldier with us but always a teacher. he just wanted to always be there for the kids. >> reporter: landsberry leaves a wife and two stepdaughters. his wife sharon posted this note on facebook. he was my everything, my world. he has touched so many lives and was an incredible man. we understand from one of mike landsberry's friends that their wedding anniversary was on the 18th. as far as the parents of the shooter, we're told they are fully cooperating with police but could face charges if it's discovered that their son was able to get his hands on a gun that was not properly stored. kate? >> thank you, stephanie. the investigation continues but in some way it will be impossible to ever understand what could lead a 12-year-old little boy to do something like this. thank you so much. let's move to utah where the case of a doctor accused of

killing his wife, first responders describing martin macneill as belligerent and destructive. miguel marquez is in provo with more. >> the macneills are eight children total, four biological, four adopted. the children are expected to be the star witness against their own father. at the moment we have three children testifying for the prosecution. today the children of dr. martin macneill, a step closer to testifying against their own father. prosecutors say the first up as soon as thursday expected to be 12-year-old ada macneill. only 6 when she discovered her dying mother. >> he want ada to testify because she has an important story to tell as part of the big story here. she was the first witness to find her mother in the bathtub. >> reporter: the defense counters ada should not testify, not a reliable witness they say

as investigators used her older sister alexis during repeated interviews. >> alexis was doing the other interviewing and investigators were saying ask her this, ask her that. that's highly improper. >> reporter: prosecutors already called several first responders. martin macneill was agitated to the point of distraction as they desperately tried to save his wife's life. >> he was hysterical. blurting out things like, why did you have to have the surgery? why are you on so many medications? why god. >> reporter: prosecutors contend the drama was an act and that it was macneill pressuring his wife to get a face lift and using a deadly combination of prescription drugs post surgery to kill her. >> he made a comment she had overdozed on her pain medication and also a comment about slipping in the tub and hitting her head. he also indicated that he was

only gone for a short period of >> reporter: macneill's alibi, he was at work when his wife fell in the tub. prosecutors say they have evidence to the contrary. now, the level of sadness in this family seems to know no end. they have a son, damian who killed himself in 2010. also expected to testify, perhaps this week is a woman named gypsy willis, the alleged mistress of macneill. she's also the alleged motivation for the murder. chris, kate, back to you. >> i'll tell you, miguel, not an easy one to report on. so many different layers of pain as you were saying. it will be difficult to unravel in court. that's why we'll be covering it so carefully. let's take a break right now. coming up, kathleen sebelius speaking out. new information on the problems with the website rollout. what's being done to fix it and why she isn't resigning. the question is may she have to leave anyway? we've been following the case of a little girl found in a

rolling camp in greece. there are suspicions as another little girl was found in dublin. more on these mysteries, ahead. ♪ don't disguise bad odors in your trash. neutralize them and freshen. with glad odorshield with febreze.

welcome back to "new day." it's wednesday, october 23rd. health and human services secretary kathleen sebelius is in the hot seat over the rocky rollout of obama care. so what did she -- what does she need to go next? cnn's chief national correspondent john king is here to break it all down for us. good morning, john. she spoke exclusively to sanjay

gupta. sanjay asked all of the right questions. she was evasive on some points but many people really wanted to hear what the secretary had to say following this fiasco. do you think she made the case to stem the tide of criticism coming at her. >> it was critically important she did finally speak. sanjay did write the ask questions. a lot of people said the secretary was hiding. the congress wants to grill her as well, kate. did she stem the tide? no. absolutely not. there are a couple things she said that are likely to increase some of the scrutiny. one of them being that the agency, hhs, had a pretty good sense there were problems with the website. they had been warned maybe it couldn't handle the capacity. there were other questions about the architecture. she said this was not passed on to the president and he didn't know until a couple days after when americans signed up, when we all learned there were problems with it. that's going to raise questions on capitol hill. when you know you have a problem and it's the president's signature initiative, why didn't

somebody tell him? >> that is a very good question. it's probably no surprise that much of the criticism to this point has come from the right, coming from republicans who are against obama care in the first place. now we've heard from the first democrat, big name democrat, the democratic senator gene shaheen to come out publicly and call for a delay in the penalty and expansion of the deadline of the rollout of obama care. what does that do to the white house's damage control? because when you don't have your party, you've got a problem. >> it's certainly the first crack. it's a potentially significant crack when you have one of the prominent the democratic female senators saying with, wait a minute, we have a problem. maybe we need to show this down. watch that as democrats do more, especially those in tough races in 2014, kate. do more start "a" questioning the program and then "b" start questioning the secretary's competence? that is the question on capitol hill. it's the question a lot of americans are asking. they knew they had a big program

coming. years to prepare for the rollout. it's been frankly, there's a joint competence question as to whether they were up to the task. >> when you look at new polling out from cbs shows that just 12% of people that were questioned think that the signup process, the enrollment process is going well. nearly half saying it's not going well. a significant number saying they're not sure quite yet. with all of the problems they're facing and the fact that people are acknowledging it's not going well, doesn't it seem to be negatively impacting the view people have of the law itself. is there a disconnect there? why is that? >> people are just starting to enroll. you have the six-month window. a lot who don't know are people who have insurance and are affected by this or people who haven't had experience just yet because they didn't go right ouch the gates, if you will. secretary sebelius might want to send flowers to the republicans behind the government shutdown. support for obama care went up a

bit. there are questions about the program, skepticism about the program, even from people who support it are worried about the implementation. the focus on defunding obama care to where we have that 16 day government shutdown in an odd way deflected, turned at attention somewhere else. that doesn't mean in the six weeks to six months head, the secretary, the president, the entire administration face a huge challenge in trying to prove they'll learn from their mistakes and get this right. >> what is the next thing you're watching for? they're working to fix it, bringing in a tech surge. criticism isn't stopping. what's the next thing you're looking for to see how this ends up. >> there's a couple things in four to six weeks from now, they can come and make a credible presentation that things are a lot better, an overwhelming majority of problems are fixed, not just the capacity issues but the questions beyond the capacity issues. as the second conceded, the capacity is one issue. they exposed other weaknesses in the architecture of the signup

process. can they prove on the policy front, on the infrastructure front they learned their lessons and have it a lot better. the other thing to watch is what you started the conversation with, democrats. do more democrats start to say, wait a minute, if they see political weakness back home they will turn. in a president's second term, holding the loyalty of your party becomes more difficult, kate. >> great point, john. a lot to watch in the coming days, that's for sure. >> thank you. let's get an update on the headlines we're watching this morning with michaela. good morning to you at home. it is really the worst case scenario in australia, 70 wildfires raging, almost half not contained. making it worse, high temperatures, low wind and high humidity fanning the flames along a 1,000 mile line of fire. suburbs in sydney now being threatened. thousands of people are evacuating their homes. so far, 200 homes have been destroyed. a ninth biker arrested and

charged with the beating of an suv driver in new york city. jason brown araend yesterday on gang assault and weapons charges. court documents say he was caught on video beating alexian lein with his helmet. police aren't ruling out more arrests. scary moments aboard an american airlines flight over the craribbeancaribbean. it had to make an emergency landing in trinidad. it was due to a mechanical issue and rather not a fire. no one aboard was injured. the passengers were put on another plane and taken to miami. dead boston marathon bombing suspect tamerlan tsarnaev being linked to a triple homicide. he participated in the killings in massachusetts back in 2011 when three men were found in an apartment with their throats slashed.

this information comes from a friend of tsarnaev's killed by an fbi agent while being questioned in his apartment in orlando. if you've always want toed hide a helium balloon into space, your chance may come in a few years. the "l.a. times" reporting that a company called world view hopes to offer rides in a massive helium balloon that will take passengers more than 18 miles above earth's surface. it will cost you. tickets lookly around the $75,000 price tag. i was saying to john berman earlier, i thought the price would be higher. when we've seen the other trips, the space travel. >> $200,000 for a ticket. >> yes. i thought 75 -- >> >> down for being in a balloon. >> dicey proposition. i'm not signing up. that's just me. >> there's a market for it. there always is. >> there goes one idea for the

hanukkah president. coming up on "new day," a young girl found in a home in greece. now a second is taken from a home in ireland. could these be americans abducted years ago? we'll have the latest. >> the latest battle ground in the tech wars, three big players unveiling new tablets they want you to buy. what's the best deal? we'll break it all down for you, coming up. [ female announcer ] we take away your stuffy nose. you keep the peace. we calm your congestion and pain. [ man ] thank you. thank you. [ female announcer ] you rally the team. you guys were awesome. [ female announcer ] we give you relief from your cough. you give them a case of the giggles. tylenol cold® helps relieve even your worst cold and flu symptoms, so you can carry on with your day. but for everything we do, we know you do so much more. tylenol cold®. avo: sales event is "sback.hen drive" but for everything we do, we know you do so much more.

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this follows a similar case in greece that sparked an international mystery. thousands of tips pouring in from hopeful parents of missing children around the world. now, some fear the cases could

reignite long simmering bigotry. let's bring in aaron -- erin mclaughlin. >> reporter: she's spend is the a second night in the care of social services. we understand the family is hopeful they could find out whether or not she'll be returned to them as early as today, unlike in greece, no arrests have been made. and no charges have been filed against the family. in a dublin suburb less than 48 hours ago, the police took a little girl away from her roma family and put her in the care of social services. after a tip-off to the host of a local crime show. >> we were told she had blue eyes, told she was around 7 years of age. blond hair. mortgage and father produced documentation as i understand. but the garde were not

satisfieded with that. >> reporter: thousands of miles away in greece, the police are searching for the parents of another fair-haired girl, known only as maria. the couple posing as her parents are charged with child abduction. >> their claim is we never abducted this child. we've just adopted. >> reporter: though interpol says maria's dna doesn't match any profile in its data base, it's being compared to that of lisa irwin. >> just the fact we don't know for sure is enough. >> reporter: lisa vanished from her parents kansas city home two years ago. and though they believe maria is too old to be a match, u.s. authorities want to be certain. >> i think the estimation of maria, she may be 5 or 6 years old but the fact is that the dna will be conclusive to tell us one way or the other. >> reporter: the common thread in ireland and greece, the roma community. its members have long been

victims of discrimination throughout europe and its connection to these two cases has created even more public scrutiny. though not in the eyes of u.s. authorities. >> they're not looking at the romas as being the originators of this vast, you know, international child abduction conspiracy. unfortunately there are crime groups, if there's money to be made and made in human trafficking they'll traffic in human beings, including infants and small churn to do it. >> reporter: local reports here in ireland say that dna testing is being used to determine whether or not this girl is their biological daughter, those results are expected in the next 48 hours. meanwhile, the family of this little girl says they are absolutely outraged. they're insisting this is all a huge mistake, kate. >> all right, erin, thank you very much for that. let's go around the world starting in australia where a line of wildfires, nearly a

thousand miles long is threatening more and more homes. robyn curnow is near sydney this morning. >> reporter: you can hear the flames crackling as the fire moves through the dry australian bush. the wind is picking up, also further fuelling this fire. we're standing at a home in someone's garden. this is very close to residential property. there's a school nearby and these helicopters are water bombing these flames as they try to stop its advance. kate, back to you. let's go to london where it is a special day for the royal family. the christening of the new prince, max foster has the details. >> reporter: this is a historic occasion. the christening of a future king, future supreme governor of the church of england. a tiny guest list effectively, just direct relatives of kate and william plus the god parents. george will be kristened with water from the river jordan. unfortunately we're not going to

see any of it. no cameras allowed inside, just a couple photos taken after the event that will be released tomorrow. we do hope to see george arriving at the chapel a little later on. back to you, kate. >> you can only imagine how many cameras will be trying to catch that arrival. >> gorgeous george's big day. >> there's your headline tomorrow. coming up on "new day," hey, everybody wants a tablet, but which one do you get? apple's at the top of the heap. there's new products, new pricing. we'll take you through it. >> are you ready for this excitement? we'll take you for a wild ride on the back of a bike. the thing that is -- this isn't the exciting part of the ride. >> i know. this is a must-see moment. >> this is what michaela does on wereks. >> i'd notice your arms anywhere. begins with knee pain, when... [ man ] hey, brad, want to trade the all-day relief of two aleve for six tylenol? what's the catch? there's no catch. you want me to give up my two aleve for six tylenol? no.

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before investing. risk includes possible loss of principal. welcome back to "new day." it's money time. the tablet wars, my friend are heating up. apple, microsoft, nokia, all unveiling new devices with air pad leading the charge. apple says it's lighter, faster, thenner than ever before. >> we'll get to tablet-palooza in a moment. >> i love that. >> we want to talk about the ipad air. tell us about the features. >> what i love that apple does, they can make even the most mundane thing sound amazing. it is eight times faster than the first ipad. >> wait, what? >> okay.

that's good. that's kind of like saying i'm $40 pound thinner then when i started this weight loss plan. it's faster, lighter weight. down to one pound, which is pretty good, if you're carrying that around a lot. they did put the faster process in it that has the motion sensing. that's probably going to see some better games and some interaction with the ipad that will be better. didn't improve the screen resolution but they still have the retina display. >> what about the gorilla glass they have? >> i know it is shatter proof-ish. >> been through five of them. no way. you keep buying the small ones for kids. you think it will be better off to let the kids use they will. >> gorilla glass, it has its weak point, everything has its achilles heel. you'll drop it a certain way and that was it. >> it has to go from gorilla to gibben, a lesser primate.

>> the big ipad is the ipad air. >> yes. >> and then you have the mini. >> we have the mini and the mini with the retina display. which a lot of people didn't think they were going to do. >> let's get to the other competitors in the field. you brought one in. >> i brought -- >> a demo. >> this is the surface, from microsoft. microsoft literally they have the most to gain because they are the last into the crowd. so you can see, i drew a kitty. >> wow. >> that's actually impressive. >> that's one thing i can draw. >> it interacts like any tablet you would expect. this is the web browsing program. >> it does the main things? >> is that translating with customers, though? >> it is not. their first surface that came out last year was such not a hit, we'll say, microsoft ended up having to buy back many of them. they spent several hundreds of

millions of dollars buying them back. the surface ii is a little faster. they seem to be going after that laptop market. if you flip it around it has the keyboard and it stands up on its own. the higher end, the surface 2 pro is more like a laptop. >> which is your favorite? >> i'm partial to the ipad. i like the google products. >> are they the same price. >> relatively the same price. google products tend to be cheaper. the nexus products are always a little bit less expensive. amazon's keindle's are also les expensive. that's their motto, lesser price on the device and then you'll spend the money on buying books. time for our must-see moment

now. we can't get enough of people capturing sights like this one. this is an extreme mountain biker as he does a jaw-dropping back flip. he sticks the landing. airborne another two times during his run at the red bull rampage event. he came in second. >> what? >> he was going, he felt he had the speed and he went for it. we were initially watching this video, you thought that was our must-see moment. no, it was the back flip because that was bananas. >> it was. >> if you didn't have vertigo this morning, you now do. >> that's how i spent my tuesday. >> i forgot to tell you, that's michaela's alter ego. >> if only the go pro could speak. no, no, no, no. >> bad idea. the white house is doing serious damage control after the disastrous launch of the obama

care website. some are calling on kathleen sebelius to resign and she's giving her response exclusively to cnn. plus, a murder case you just don't hear about one of these every day, a utah doctor accuse of drug and killing his wife, intrigue surrounding the murder scene, a mistress, bizarre behavior and the doctor's daughters lining up against him. we've had big developments in court. we'll break it down and see if the case is being made. ♪ load! we keep moving to deliver what you need. and that means growth, lots of cargo going all around the globe. cars and parts, fuel and steel, peas and rice, hey that's nice! ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪ ♪ norfolk southern how's that function? ♪

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for atrust bufferin, the only non-steroidal anti-inflammatory pain reliever formulated with special buffers so it's gentler to your stomach. boston strong. it's been a national cry of support. now it's also the red sox rallying cry as they enter game one of the world series against the st. louis cardinals. let's bring in andy scholes with this morning and bleacher

report. game one at fenway, boston strong to a whole new level, right? >> yes, chris, it willing an exciting night at fenway. in just one year, the red sox have gone from worst to first. and the secret to their success truly has been their team chemistry. everyone on the roster has embraced the whole broften strong mentality after the marathon bombings, whether it was visiting hospitals or growing beards, they did it together and now they find themselves back in the world series for the third time in the last ten years. this series should be a good unwith. the cardinals and red sox tied for the best record in the regular season. first pitch for game one is tonight at 8:00 eastern. a normal meeting for the northwestern men's basketball team turned into a special moment for one of their players. first year head coach chris collins called walk-on james montgomery to come in front of the room and made this special announcement. >> the guy through 12 practices that has done the best job of doing what he's supposed to do every day is james.

you know? that's why i'd like to say in front of the team right now that because of that, james is going to be put on full scholarship. >> montgomery overcome with emotions when he heard this news. he went from a freshman player practice player, now he's a senior on scholarship. definitely shows that hard work truly does pay off. >> that's a great story. northwestern, such a good school, too. that's great. >> good to see the right lessons getting learned in college sports. we're now at the top of the hour which means it is time for the top news. >> it isn't as smooth as we wanted it to be for the volume of people whoen wa the this product. >> under fire amid new calls for her resignation, kathleen sebelius is finally speaking out in a cnn exclusive. can she fix the website and will she stay on the job if it

doesn't get better soon? pleas for help, the chilling 911 calls when a student opens fire at that nevada middle school as we learn more about what the boy's motive may have been. a daughter's anguish, the courtroom bracing for bombshell testimony. will the 12-year-old daughter of dr. martin macneill accused of killing his wife testify for the prosecution? your "new day" starts right now. >> announcer: what you need to know -- >> it's important to remember that the affordable care act is much more than a website. >> announcer: what you just have to see. >> if double amputees want to ride a bike, they can see me doing it. they know it's possible. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to "new day." it's 7:00 in the east, new this morning, kathleen sebelius, head of the secretary of health and human services trying to explain

why the obama care website still isn't fix. we're finally hearing from her. she's speaking out and he is getting answers to the important questions, plus, we're going to speak with an expert who says the problem is not vendors, is not code. is actually something much deeper. also this hour, outrage in florida. an unarmed man shot by deputies in his own driveway. a story we've been following very closely. now a grand jury decision has left the man still looking for justice. we'll have an update on that, ahead. and mariah carey is back and arguably better than ever. you get to hear her dish on her recovery from injuries she sustained. her new single is due out next month on facebook. we'll talk all things mariah, coming up. a man who may have the toughest job in in america. his name is jeffrey zients. he's been tapped by the president to fix the obama care website. who is he? how is he going to do this? we try to get you answers to these questions.

dr. sanjay gupta is standing by to bring you more with kathleen sebelius. first, let's bring in white house correspondent jim acosta to phone out more about jeff zients. this is a tough job to take. >> reporter: that's right, chris. even though the white house has appointed zients as a management guru to oversee the repairs to the obama care website, republicans are ratcheting up the pressure which explains why the obama administration is still going into damage control mode. >> reporter: the white house is out to make sure the bugs in the obama care website don't bite bug. they want to spread the message of patience. >> by now you've probably heard that the website has not worked as smoothly as it was supposed to. >> reporter: the obama administration appointed jeff zients, the man who will soon be the president's top economist and once served as acting budget director to be the mr. fix it, to go after the site's technical

problems. >> i think he's providing management advice and consultation but for more details about his role because he's being brought on by hhs, i would refer you to hhs. >> reporter: the white house is offering few additional details about the website rescue effort. >> i would refer you to hhs. the tech surge was announced by cms and hhs. i would refer you to them. >> reporter: republicans want more oversight, calling for weekly reports on the website's progress and delay of the individual mandate to buy insurance if the tech issues continue. >> the president put politics ahead of his own program working effectively and easily for hundreds of millions of americans. >> reporter: former vice presidential candidate paul ryan is the latest top gop leader to call on health and human services secretary kathleen sebelius to step down. saying on a republican conference call, this rollout has been a fiasco. i think some people should be held responsible. but clay johnson, a former white house innovation fellow who worked on i.t. projects for the

administration says the real problem is with the government contractors who built the site. >> i think that they don't know how to measure success. the federal government wants to innovate so badly but it doesn't have the access to the right kinds of contractors that it needs in order to pull off these kinds of innovation. >> reporter: democratic source tells cnn the white house offered house republicans an obama care website briefing from hhs in the days before that website went online. a spokesman for house speaker john boehner said that was not the case, that offer was not made. if the offer still stands, they'll take it. >> we should let you know we'll be talking to clay johnson who jim mentioned in his piece later on this hour to get his view about what he thinks went wrong with the rollout. first, let's get to what kathleen sebelius had to say about all of this. she sat down with our chief

medical correspondent dr. sanjay gup gupta. how did the secretary respond to what amounts to a flood of criticism coming her way? >> there's no question she feels the pressure and she talked a lot about the frustration within hhs, health and human services but also the white house. it was a wide-ranging interview. i asked her about what we knew before october 1st, what she thought about the fact that 70% of insurers had concerns about that october 1st date and also that the system had been tested just a few days before, with about a hundred or so people logging in and the system crashed. and why was it still allowed to go forward? we got to this issue of what happens next. how do you fix this? take a listen. >> there's a lot of frustration as you know, madam secretary. if this persists, even at this point now, would you consider resigning over this? >> i think my job is to get this fully implemented and get the website working right. that's what i'm focused on.

i work at the pleasure of the president. he is singularly focused on making sure we deliver on this promise. that's what i'm committed to doing. >> what about tech people? we hear the best and the brightest. are there people or companies that we're going to recognize? can you give us some names. >> right now we've asked all of your contractors to look at their teams on the ground and bring in their absolute a-team. i am confident that that is happening every day. >> the contractors didn't do such a great job so far. why didn't they bring their a-team in in the first place? >> i can tell you -- >> why are we saying three weeks now bring your a-team into this emotion. >> we had hoped they had their a-team on the table. i am talking to ceos and urging them to make sure they have the talent we have available. i think all of them have folks who are assign to a project. we want new eyes and ears, make sure that we get all the questions on the table that we

get all the answers and accelerate the fix as quickly as possible. >> i know that open enrollment goes for six months, until the end of march. >> it does. >> when will this be fixed? >> well, as quickly as we can get it fixed. i think i can tell you it's improving every day and more people are getting through, more people are having an easier time and we intend to stay at this until we open the doors wide open. >> the president's legacy is part of this whole issue as well. i mean, has it been tarnished by what has happened? >> i think that what we need to do is see the enrollment figures at the end of march of 2014. that's when open enrollment ends. and what i know from what we're seeing in not only states that are run by the federal website but states around the country is that the interest is huge. that people are eager to have this affordable product and that the product is there. insurance companies have to

compete for one another for people's business for the first time. >> and sanjay, she talks about focusing on the product, not on this mishap, if you will. it does lead you to wonder if the mission will get lost in how they put out a garbled message at this point. there have been calls now to delay part of the law, that requirement to buy health insurance, until they can get this website straightened out. do you get any sense that that will actually happen? that they will kind of finally acknowledge it's bad enough, they need to put a delay on this? >> she dodged that question, sort of, kate. it's interesting. i asked her that same thing and phrased it like this, saying, look, this individual mandate, this requirement that people purchase health care insurance, can you penalize them for not doing so if it's been so cumbersome to sign up using healthcare.gov? >> she said now is not the time to be talking about that. i don't know, kate, if that means it may come up again in the future or if this is the final word on it.

she did dodge it and a lot of people are asking that same question. >> what about the other big question people are asking, that someone needs to be held accountable for this mess. what about the calls for her to resign, how did she respond. >> for right now she's here to stay. that was her bottom line answer. she serves at the pleasure of the president. i asked her if she would consider resigning over what happened now or had she considered resigning? she said no. it came back to this larger mission, kate, which you mentioned. i think this idea, she brought this up a few times, you could have millions more people insured at the end of march versus people now. that is what's kept people motivated, inspired within the white house and hhs. >> it's good that she's answer something of these questions now. sanjay, great interview. thanks so much. >> thank you. >> of course. we have newly released 911 calls that are putting the chaos and confusion during monday's deadly shooting at a school in nevada into sharp focus.

a 12-year-old boy shoots a classmate, goes on to shoot another and then kill himself. this revered math teacher approaches him to talk him down. he lose it's his life but may well have kept the situation from being much worse. stephanie elam is in reno covering the story. >> reporter: when you hear what the shooter was parentally yelling it gets very scary. he was apparently yelling out, why are you doing this to me? why are you laughing at me? this is what one student told us as he ran for his life. the terror that unfolded at nevada's sparks middle school on monday lasted just three minutes. >> we have a shooting at our school. >> you have a shooting? >> we have a teacher down. >> don't hang up. hold on one second. >> reporter: but newly released 911 calls captured the chilling scene that lasted three minutes too long. >> this is a student from sparks

middle school. can you please send police down here. there's a kid with a gun. >> where are they with a gun? >> huh? >> where are they with the gun? >> sparks middle school. >> i know but where at the school? that's what i'm saying. >> by the basketball court. >> by the basketball court? >> yes. please send someone now. >> reporter: police say a 12-year-old seventh grader shot two students and a teacher. one student in the shoulder, the other in the abdomen before killing himself. the two students now stable and recovering. >> somebody brought a gun to school that shot a teacher. >> the teacher is down? >> yes. >> okay. we'll get somebody out there right away. you're at sparks middle school? >> yes. >> i turn around and see a teacher approach the gunman and then the gunman is pointing the gun towards the teacher and he fires a shot at the teacher and then everybody started screaming and running. >> reporter: officials say

45-year-old mike landsberry, the popular math teacher and coach calmly walked toward the shooter, hands raised trying to convince him to put the gun down. >> mr. landsberry's heroic actions by stepping toward the shooter allowed other students in the playground area to flee the area. >> reporter: he's been hailed a hero, a decorated marine, playing the role of batman as students affectionately called him. >> he was a soldier with us but always a teacher. he just wanted to always be there for the kids. >> reporter: landsberry leaves a wife and two stepdaughters. his wife sharon posted this note on facebook. he was my everything, my world. he has touched so many lives and was an incredible man. and the parents of the assailant, we learned, are under police protection. they are cooperating fully with the investigation, as the police say they are grieving for the loss of their son and trying to come to grips with what their son committed. kate and chris, back to you.

>> stephanie, thank you so much for that update. a lot of other stories happening at this hour. we want to tell you about a pretty big food recall, resers fine foods pulling food off shelves due to a listeria contamination, chicken salads, ham salads, potato salads and ham salad that contained barbecue beef. the irs paid out as much as $13.6 billion in improper earned income tax credits over the past year. and more than $132 billion over the last decade. that's according to a new internal audit. the treasuries inspector general says up to a quarter all earned income tax credit, payments were last year were made in error. a controversial german bishop has been suspended by pope francis.

he has come under fire for spending millions on renovations to his private living quarters and buying expensive luxuries. the bishop being told to stay out of the diocese while an investigation continues. the rise in tuition at public colleges slowly slowing down. the college board saying they've seen the smallest increase in more than three decades. the average price up 2.9%. that's dramatic compared to an average 8% increase in the previous decade. although the report says the financial aid has not kept pace to cover price hikes. more americans than ever support legalizing marijuana. 58% of those polled believe marijuana should be made legal. it's the first time there's ever been such a clear majority. 39% say marijuana should remain illegal. support for legalizing pot, surging ten points since last november with the biggest increase among independent voters. those are your headlines at this

hou hour. back to you. >> let's get over to karen mcginnis, in for indra petersons. >> yesterday we had a temperature in central park, it made it to 67 degrees. you had such a nice fall until now. now those temperatures are running about 10 to 15 degrees below where they should be to are this time of year. new york city, 49 degrees as temperatures only going to bump up a couple more degrees and this will be it. this area of low pressure dragging a frontal system away is going to take its time to pull away from the coast. as a consequence to the south and east of interstate 95 you'll have problems as far as wind and visibility. we're looking at some of the airports along that i-95 corridor. they could be affect eed perhap by some delays with the reduced visibility. if you're headed to boston for this evening, the trursz in tem

in the 40s. the temperature right now 49. only going to be in the low 50s. that big chill stays in place and it ill with be even cooler coming up for tomorrow. also in chicago, a high of only 45. chris, kate, back to you. >> thanks so much, karen. >> coming up on "new day," a doctor accused of killing his wife. he says he didn't do it but his daughters may say he did. one of them just 12 years old. the latest in the macneill murder trial straight ahead. >> plus, a tech expert who worked in the obama administration slamming the obama care website and the rollout of it. he calls it sloppy. can it be fixed? he is going to join us, ahead. how are things with the new guy? all we do is go out to dinner. that's it? i mean, he picks up the tab every time, which is great...what? he's using you. he probably has a citi thankyou card and gets 2x the points at restaurants. so he's just racking up points with me.

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a family tragedy playing out in a utah courtroom. a doctor martin macneill accused of drugging and killing his wife and the key prosecution witnesses could be his own daughters. miguel marquez is in provo, utah, following all the latest developments this morning. good morning, miguel. >> good morning, kate. this is a sad and sordid tale. the macneills had eight kids, four biological, four adopted. they are expected to be the star witnesses. we know of at least three at this point, possibly more that will now testify for the prosecution. >> reporter: the first up as soon as thursday, expected to be 12-year-old ada macneill, only 6

when she discovered her dying mother. >> he want ada to testify because she has an important story to tell as part of the big story here. she was the first witness to find her mother in the bathtub. >> reporter: the defense counters ada should not testify, not a reliable witness they say as investigators used her older sister alexis during repeated interviews. >> alexis was doing the other interviewing and investigators were saying ask her this, ask her that. that's highly improper. >> reporter: prosecutors already called several first responders. testifying at the scene of his wife's death martin macneill was agitated to the point of distraction as they desperately tried to save his wife's life. >> he was hysterical. blurting out things like, why did you have to have the surgery? why are you on so many medications? why god. >> reporter: prosecutors contend the drama was an act and that it was macneill pressuring his wife

to get a face lift and using a deadly combination of prescription drugs post surgery to kill her. >> he made a comment she had overdozed on her pain medication and also a comment about slipping in the tub and hitting her head. he also indicated that he was only gone for a short period of time. >> reporter: macneill's alibi, he was at work when his wife fell in the tub. prosecutors say they have evidence to the contrary. this story seems to know no end of sadness. they also had a son, damian, who killed himself back in 2010, his sisters claim because of the pressure of all of this. also a woman set to testify is gypsy willis, the alleged former mistress or mistress of mr. macneill. it is her, they say, that became so involved with this family, just another level of sadness and deceit through all of this trial. chris, back to you.

>> no question, mission -- mission. let's set the table here. this is usual that there's so much intrigue, layers of potential bad acts and morality plays going on to bring us into a trial where maybe or maybe not they go to the elements of the crime. sunny, let's start with that. all of the testimony that's been coming on as he ain't acting right, he's saying weird things before, he's saying weird things during and after. what is the prosecution using them for and is it working? >> they're certainly using it to paint the picture of a murderer. they're trying to say this is a guy who just didn't act right. this is not the way people should react when confronted with a situation like this, especially a medical professional. will it work, though, chris, i think is a great question. because i don't really see it going to the elements of the

crime. you can do all this mood stuff in the courtroom but the bottom line is you've got to prove your case beyond a reasonable doubt. did he murder his wife? and i don't see them getting there. and i see danny kind of shaking his head because it's something i usually don't say, right? it just doesn't seem to me like they have a very strong case so far. but it's still early in the case. i think the case is supposed to last about five weeks. we're talking about a week of testimony. >> true. >> but i think the prosecution at this point is on shaky ground. >> but also, allow me to flip the script then. it looks like it's going to turn into a two-on-one, both of you against me on this. here's the suggestion. motive is usually difficult to give as an example, a proof in court, and they have a lot of that here and that's unusual. the idea that a man's daughters could take the stand and say we think he did this, we think we know why, what could that mean to a jury?

>> this is a case where the prosecution is trying to take bad character of this defendant, which is usually not admissible and repackage is into motive. motive evidence is admissibility but not as an element of the crime, just to show there may have been intent. i agree with sunny here. they still have to prove the underlying crime. while they are heavy on bad character, they're heavy on suspicious behavior, they're going to be a little short on the science. i've said it before, at least three of the prosecution's medical examiners concluded that cardiac arrhythmia may have been a cause of the death. is it damaging that the guy's own kids are against him? it's horrible. but it doesn't excuse the prosecution's ultimate burden, that's to prove that he intentionally killed his wife and that's beyond a reasonable doubt. >> new facts, new facts that led to a different autopsy finding that the toxicology changed a little bit in later reviews and

new facts about how he got those drugs, why the wife was taking them. the doctor comes forward and says i only gave this combination of drugs because he asked for them and he was a doctor. the intrigue about what happens in the bathtub, sunny, how was she found? the story changes, his story changes. a laceration to her head. isn't all of this -- aren't these pieces to a puzzle that show an intentional act? >> i think certainly they are pieces to a puzzle, chris. you can see, because in utah the jurors are allowed to ask questions, much like the jodi arias case. they're asking questions about the tub, the science and the medicine. i think that will be helpful to the prosecution. again, you need more than this is a bad guy. this is a guy that was having an affair, this is a guy that was acting strangely, this is a guy whose family doesn't like him, his kids don't like him. that doesn't necessarily equal murder. i need to see more from this

prosecution. so far we're seeing that mood evidence in the courtroom that prosecutors love. motive, though, is of course not an element of the crime here. and so i think even though there are some helpful pieces for the prosecuti prosecution, especially because you do have the toxicology reports saying, wow, she had a dangerous cocktail in her body and this doctor, her husband, likely was instrumental in giving that stuff to her. i just don't think that they have enough, so far, to go over that hurdle. >> it is early. it's a good, convenient thing for the prosecutors to be able to set mood so early. let's end on this, danny. how did this poor woman wind up in the tub fully clothed if the position she was in if it was all about what she did to herself? it does not look that way to the people who have been on to describe it so far. what do you think on that? >> in this case, there are a lot of what ifs. but those generally go to the

benefit of the defendant. we are in a jurisdiction where the jurors have the ability to ask questions they have. all this unexplainable stuff ultimately may be good for the defendant. we don't know why she still had her bra on, why she was facing this way or that way. if the defense can hammer that home, that this is just -- if it's unexplainable, there's no reasonable doubt. that is probably the direction they're going to go, that and the fact that the science so far is in the defendant's favor. >> sunny, danny, we have to watch this one carefully. thank you for joining us on this first day we look at it. why? because it is so usual that we see this conflict between what seems obvious in a public way versus the perception of what you get to show and prove at trial. that's what makes this case so compelling what do you think? use the hash tag new day and talk about this to us online. we'll keep the story going and follow the developments sas t sy

follow the developments sas s a come. we failed, the words from a tech expert that worked in the obama care administration. clay johnson will be joining us live with his advice on what needs to change now following the troubling rollout of the obama care website. and a florida man shot at 15 times by officers in his own driveway. so why aren't the officers facing charges?

you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. it is wednesday, october 23rd. welcome back to "new day," everyone. coming up in the show, he was mistaken for a car thief shot at

15 times. but police have now been cleared for their role in it. now the man wants his day in court and we'll bring you an update ahead. >> that story is tough to understand. superstar mariah carey coming back and in a very big way. she's telling cnn what's next for her and the unique way she's trying to sell her new sing. >> strategically placed banner there. there are calls for the health and human services secretary to resign. kathleen sebelius telling cnn in an exclusive interview with sanjay gupta she will not step down, the system is being fixed as quickly as possible and more people are gettin through. the parents of a 12-year-old nevada boy who shot a teacher and two students before killing himself could be facing criminal charges. police are investigating what they -- whether the parents mishandled a 9 millimeter

handgun that their son was able to take to school. there's also new evidence that young boy might have been bullied. a witness telling police he was heard, why are you laughing at me and why are you doing this to me during that attack. the ohio man that confessed online to drunk driving and killing another man will be sentenced today. he pleaded guilty last month, facing eight years in prison. his online confession was seen more than 2 million times. the victim, 61-year-old vincent c conzonni. she will speak at that sentencing. senator john mccain revealing that he is considering running for a sixth term in 2016. mccain said on a phoenix radio station he is seriously giving it a lot of thought. just last month mccain said he was probably in his last term but later indicated he'd wait a few years before thinking about re-election in in 2016, the five-term arizona senator will be 80 years old.

this man served in iraq and afghanistan and lost both legs. in an explosion. now marine rob jones is on a very personal mission, an admirable one. he set out to raise a million dollars for charity. he's going to cycle across the nation. >> if double above the knee amputees see me, they know it's possible. >> so far he's raised more than $21,000 in pledges. we want to help him reach that goal. donate at robjonesjourney.com. cheer him along the way. those are your headlines at this hour. kate, over to you. he's compared problems with the government's new health care website to a deeply engrained and malignant cancer. joining us now to talk about where does the administration go from here to fix it all? clay johnson, a former presidential innovation fellow, the same group the administration is bringing in

now to fix the site. he's the ceo of the company department of better technology and author of "the information diet." great to see you. thanks for coming in. >> you know the system better than most. in the simplest terms possible, because i include myself in this group, not understanding i.t. very well, what went wrong? >> the first thing that went wrong, a lot went wrong. the first thing that went wrong has been that we've continued to use a system which is broken. when the federal government buys information technology, they use a system called procurement and they deal with contracting officers who have to go out and negotiate with vendors and the result are these very large information technology projects. computer world magazine came out yesterday and said they did a study on federal i.t. projects that were over $10 million and found that 96% of them fail. so if 96% of something fails,

then why do it in the first place? >> are you saying that they didn't bring in the best and the brightest? they didn't bring in the a-team for this job? >> yes, i think they brought in the "l" team. i don't know what's further down the line from "f." government doesn't have a lot of great people to choose from to begin with. the ecosystem is filled with people who have great attorneys but not particularly good programmers. so the jobs end up going to the people who understand the rules and regulations the best, not the people who can do the best job. >> we're learning that insurance companies and some of the contractors even raise red flags in the days, weeks leading up to the launch saying things aren't ready, there are problems. do you think they should have delayed the launch? >> i don't know that they had a choice. the legislation was what the legislation was. i think the administration was going through, you know, the shutdown negotiations at the exact same time. it was sort of a perfect storm

for them. i'm not sure they had much of a choice to delay the website. when you're inside of the government you have to obey the laws that congress sets forth. this was one of them. i think they could have done a better job with the launch. i think they could have done a better job selecting the people on the inside to work on this project and the people on the outside, the contractors to work on this project. >> going forward, of course, everyone knows there's a problem. that's obvious. how do you fix it? that seems to be almost as difficult of a question to answer. kathleen sebelius says they're bringing in a tech surge to tray to fix the problem. but there isn't any indication they'll take the site completely down or try to fix it or fix it from scratch. how do you fix it? what do you say? >> i'm not concerned with how you fix healthcare.gov. i'm concerned with how you fix the system costing us billions of dollars, the procurement system that generates things

like healthcare.gov. what i'd like to see is more of this website work going to the smaller innovative companies that have proven time and time again they're able to do the work. even when you go to healthcare.gov, the perrfront p of the website that work and are on, those were built by development seed, not by cgi federal. they work. it's the big stuff on the back end that doesn't work. going forward what i'd do is start developing out in the open, start calling on people to help contribute and to help fix the site using what's called open source technology. thatpublishing out in the open, sharing your work with the public so the public can see what's going on. >> you've made clear the system is broken. i think many people would agree with you on that. besides president obama, kathleen sebelius has really -- is the face of this program and of this website at this point. do you think that she is at

fault? do you think one person is at fault for this failing so far? >> when you launch a website like this, you sign what's called an authority to operate. it's a document that says that everything has met requirements and everything is a-okay to launch. and whoever signed that document is the person that really needs to fall on their sword here. they are the person ultimately responsible for the success or failure of the website. i'd be interested to know who signed that document and i'd be interested to know if anybody refused to sign that document. >> i'd be interested to know if maybe they want to bring you back in and you should be offering suggestions on how to fix it going forward. clay johnson, great to meet you. thanks so much for coming in. >> thanks very much. >> of course. interesting perspective. let's take a break on "new day." when you come back, you be the judge. hear the facts. officers shoot at an unarmed man a dozen times and injury him. he was in his own driveway,

commit nod crime. the officers cleared of wrongdoing. is this justice for roy middleton? next. the american dream is of a better future, a confident retirement. those dreams, there's just no way we're going to let them die. ♪

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the attorney for an unarmed man that was mistaken for a car thief and shot at 15 times in his own driveway is planning a civil suit, after a grand jury cleared the officers involved. pamela brown is here with the latest. not an easy story to understand from the outside. >> that's absolutely right. this happened over the summer and the shooting sparked national outrage. now this incident once again making headlines because the officers face no charges in the shooting. but the man is vowing to keep up his fight to make sure justice is served. >> shots fired. >> reporter: mistaken for a car

thief in his own driveway while searching for a cigarette inside his car, an unarmed 60-year-old roy middleton was shot at 15 times by two florida sheriff's deputies. >> someone's trying to steal my neighbor's car. >> reporter: that 911 call set off a chain of event which is led to two bullets hitting middleton's legs, injuries he'll have to live with for the rest of his life. >> roy has sustained a severe psychological injury, anxiety, depression. >> reporter: just last week, the same carriedle wi le wriddled w sat outside his home. this newly released dash cam video shows officers rushing to the scene at 2:30 a.m. on july 27th. the shooting sparked national outrage and a state investigation. >> i was getting ready to do what they asked me, raise my hands. and i got shot. >> reporter: months later, a grand jury decleaned to charge the deputies with injuring middleton. middleton's lawyer says his

client is drought ovistraught o decision. >> we weren't surprised. this makes me more determined to seek full justice for roy. >> reporter: the state's attorney's office says in part, the grand jury found insufficient evidence to establish that any criminal violations were committed. deputies say middleton did not comply with their orders and lunged at them with a shiny object. the shiny object turned out to be car keys. middleton's lawyer says he plans to file a civil suit against the escambia sheriff's department and the officers for violating middleton's civil rights. >> when we put the full light on all of facts in this case, i'm confident that a jury will return a verdict for roy. >> reporter: and the office of the state attorney says the grand jury met over a three-day period and heard testimony from numerous witnesses before making this decision.

the grand jury already returned a report making recommendings to the escambia county sheriff's office regarding training and procedures. >> recommendations for training and procedures, that's good. that's the frustration here. it seems like this was a weird twist of the law between citizens as opposed to involving police officers who are supposed to deal with this better. it bossle ll ll lle -- boggles . it's a very unusual set of facts. >> it doesn't add up. i think the story will certainly continue. >> we'll continue to cover it. pamela, thank you very much. appreciate it. kate, over to you. thanks, chris. coming up next on "new day," mariah carey on the verge of releasing a much anticipated new single. nischelle turner sat down to speak with her one on one. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer.

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♪ you love mariah carey. don't sit there like a lump. superstar mariah carey topped the charts for more than a decade looking to continue that success with a hotly anticipated new single. that despite a slew of recent injuries that threatened to bring her career to an end. she will not be stopped. oh no, she won't. cnn's nischelle turner sat down with the diva and was it fab tack? >> she was great to talk to. she was and chris will like that outfit so i'm just sayin', that she was having on. >> don't judge me for the obvious. don't judge me for the obvious. >> i caught with with mariah in her recording studio for a late

night interview, like midnight, but those are musicians hours. we talked about the changes she's making in her life, her advice to young music stars and after fracturing her shoulder how is the road to recovery? we begin with the new music. we'll start with the name, "the art of letting go." i was think being that. have you learned how to do that? i'm still searching. >> honestly i was think being the other day and i was like "the art of letting go," it actually is an art. there is an art to learning how to let go of things in your life, people in your life, things that are not good for you, whatever the case may be. as a song writer i never liked to be too totally specific because i like people to be able to make it about their own life experiences. >> why release this on facebook? it seems like we know the music industry is changing, how music is disseminated is changing but why facebook?

>> faits bocebook in terms of m international fans it's important to have my international fans experience the song as well as my domestic fans. >> one of the things i thought was interesting, you felt like this music was going back to your roots, that you were being organic with this music and being true to mariah. >> there's an emotion to it. as you listen to the song, i'm starting to finish, you can tell that it's me if it's anybody who has ever met me or been listening to my music over however long. i was 2 when i started. >> i was with you, 1 1/2. >> we were both there. you said it, you've been in the business for a long time. >> i've been in the industry for more than half my life but music saved my life the minute i learned how to take a melody and make it into you know, something that also coincided with the lyric. >> what advice would you have for those young girls coming up? >> well, first of all, i told

you i was 2 when i started so i have to advise myself first, listen to the art of letting go. this is about letting go of maybe something that's not right for you, but you just don't know how to make that final move and let go of it, like it's not easy. it's something that you have to learn how to do and i think like we're all still learning. >> the last time we saw you, you were in a sling. >> yes. >> you still have your hand wrapped. update how the recovery is going. >> i fell off something very high and i dislocated my shoulder, fractured my shoulder, fractured the rib areas, this requires a lot of physical therapy so i'm one of those people, i'm very like, i put "rocky" on and just watched it, i'm like 90%, 95% there. this is something that is very new to me and the pain is very new, so on every level i can

relate to this song "the art of letting go." >> let that pain go. >> i'm going to try my hardest to call you up and drag you here when we listen to the entire album. >> please do. >> go to the listening party because i'm trying to make it a party to end all parties. >> i will be there and we'll all be there. i'll drag them out. she left her long time manager randy jackson and hooked one jermaine dure. she did not want to talk "american idle" or miley cyrus. miss mariah wanted to talk about miss mariah. >> as she should. >> we really would like new music from her. >> she looks good. >> to say the least. >> good, cuomo. >> it's morning tv. coming up on "new day" republicans want this woman's head. the president is standing by her. dr. sanjay gupta's exclusive

interview with kathleen sebelius the woman at the center of the obama care debacle. pet owners beware, new reports of some dangerous dog treats, hundreds of dogs have already died. story you'll want to see. la's known definitely for its traffic,

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live --ecaptions by vitac -- www.vitac.com i think there certainly are some challenges. it could be smoother. it could be easier to access. >> staying put, kathleen sebelius vows not to step down amid calls for her resignation. dr. sanjay gupta gets answers to the troubled online rollout and how long it will take to turn it around. the hero, new details on the

teacher who dwaf his life to save his students as a young gunman opened fire. we hear from one of the men who kew him best. > . baby prince george set to be christened this morning. we're live from london. >> your "new day" continues right now. >> announcer: what you need to know -- >> the president put politics ahead of his own program working effectively and easily for hundreds of millions of americans. >> announcer: what you just have to see. ♪ >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning. welcome back to "new day," everyone. it's 8:00 in the east.

coming up this hour amid all the talk of trouble with the obama care website, there have been some successes, some states like utah have been running their own health insurance exchange websites for years. what can d.c. learn from them? former governor john huntsman will be talking about that. listen if you have a pet, hundreds of dogs dead or hurt, certain treats may be the cause. we have the names and latest information on how to keep your pet safe. warren buffett his son and grandson are declaring their own war on hunger. could their big money make a difference? we'll hear from them coming up. we're going to begin with what could be called the aflawedable care act and the rollout. president obama tapping former budget chief jeff zeinst to oversee fixes. what about kathleen is he bealeus. >> she is finally addressing calls for her resignation only on cnn, she sat down for an

exclusive interview with our chief medical correspondent dr. sanjay gupta. >> there's no question the pressure has been building for some time a lot of frustration what happened at healthcare.gov website. she said this is primarily a volume issue, and that unmasked a host of other problems, some significant within the website and they're working to try and correct those things. i also wanted to get a look at what was happening behind the scenes in the days, the weeks, the months leading up to this rollout on october 1st, who knew what when and what could they have done about it. take a listen. according to congressional investigators, just weeks before the launch two-thirds of insurers had some specific concerns that the website would not be ready, just days before the launch a test was conducted and the website crashed with just a few hundred users at that time.

how was a decision made to still go forward? >> sanjay there are people in this country who waited decades to are affordable health care coverage, you probably saw them on your recent bus tour, people so eager for this to happen and what's clear is we have a product, the product really works. we created a market where there wasn't a market. people have competitive private plans at affordable prices, the advantage if they don't have an employer paying their share of coverage. >> the president did say that he was angry about this. do you know when he first knew there was a problem? >> i think it became clear the first couple of days. >> not before october 1st, there was no concern at that point even in the white house or hhs? >> we talked about having testing going forward and if we had an ideal situation and could

have built a product in a five--year period of time we probably would have taken five years. >> how many people have signed up? >> we'll be doing what we've done with every other program, medicare part d, we've done it with c.h.i.p., we'll give monthly enrollment figures. we've said that since the go ing. we can tell you we have 500,000 plus accounts, people who established that or in the process of shopping for affordable coverage. >> seems like an important thing to know i imagine especially given all the problems with the site how well is it working? can you say how well healthcare go .gov is working? >> thousands of people have signed up. we know people are getting through every day. it is not where we need it to be. it is not as smooth for the volume of people who want this product. >> there is a lot of frustration in the country, no one know this

is better than you or the president. did you ever talk about resigning to the president? >> what i talked about doing the job that i came here to do. this is the most important work i've ever done in my life, delivering on an historic act, making sure we have health care for millions of americans. the law was passed three and a half years. i've been working day in and out to implement this law. >> there is a lot of frustration as you know, madam secretary f this persists or at this point now, would you consider resigning over this? >> i think my job is to get this fully implemented and to get the website working right and that's what i'm focused on. i work at the pleasure of the president. he is singularly focused on making sure we deliver on this promise. that's what i'm submitted to doing. >> it doesn't sound like secretary sebelius is considering resigning at this point but there say lot of

pressure overall. she talked a lot during the interview about the mission and the fact that millions of people may get insurance that did not previously have it, and while these past three weeks have been tough and a few more tough weeks to come n the end the rollout is six months long this enrollment period so there could be a lot more people who sign up either on the website or by phone or using these navigators. she seemed to minimize the problems a little bit while not at all ducking them. she talked about the fact there has been some significant failures and they're now bringing the "a" team to try to address that. chris, kate, back to you. >> sanjay, great interview. the administration is trying to turn things around, put a positive spin on the fallout, on everything that's going on with obama care but republicans already reacting to that interview that sanjay did there. let's go to jim acosta live at the white house. what are you hearing? >> reporter: as we already know, kate, we reported this earlier this morning, the chairman of

the house budget committee, paul ryan the republican vice presidential candidate last fall he called for kathleen sebelius to step down. he did it yesterday evening but also have some fresh reaction for you from congressional republican leaders up on capitol hill. this is a quote from house speaker john boehner's spokesman brendan buck. i'll read it to you, "at this point she has a lot of questions to answer, a" talking about sebelius "and we look forward to her testimony in the house next week" referring to her testimony at a congressional hearing scheduled for next week. this is from a republican leadership aide on the senate side "everyone was surprised by her statement that the president was unaware of the website's failures until a few days into it. they had been claiming that the obama care rollout was his top priority and that he was receiving regular updates" but that appears to have been

inaccurate according to that republican leadership aide. the health and human services department is putting on a briefing for house democrats later on today. house republicans have cried foul saying wait a minute, where is our briefing but a democratic source tells cnn they were offered this briefing before the health care website was up and running october 1st even with its problems but spokesman for john boehner said that briefing with as not offered and they want one. >> who is going to brief, if they're going to get a briefing, the fact if they e-mailed to offer a briefing shows just how dysfunctional things are on capitol hill. thanks so much, jim. let's get to mick with the headlines. >> a recall, listeria contamination recalling more than 11 tons of products, foods recalling chicken salads, ham salads, potato salads and

barbecued beef in 27 states. a scare of an american airlines flight from trinidad to miami, ta pilot reporting a fir in the cockpit and a smoking engine. american airlines for their part disputing reports of a fire insisting a mechanical issue and low oil caused the pilot to request the emergency landing. 168 passengers were later put on another flight arriving in miami last night. bizarre story out of utah, police say a man drove his truck up several flights of steps at the capitol hill building and tried to break down the doors to the supreme court chambers. they think he might have been under the influence of drugs at the time. the irs shortening tax season and will not start processing your tax returns until late january or early february. that's so the agency can complete testing on its systems. if you are getting a refund that means a delay in getting that

refund check but don't worry, that april 15th tax deadline does not change. and this is going to melt your heart. these are patients and staff members at dartmouth hitchcock medical center in new hampshire, roaring an inspiring rendition of katy perry's rendition of "roar." ♪ i am the champion and you're going to hear me roar ♪ >> the half hero marathon and 5k videos include lots of lip-syncing, dancing, of course, roaring. we have to give a shout out to the tremendous staff that take care of these little angels at all the children's hospitals and the units around the nation because you do tremendous work, we know how important and hard it is. those are our headlines at the this hour. over to you, chris. >> great way to bring attention to people who deserve it. let's talk about the hero who emerged from the shooting at a

nevada middle school, michael lansbury, beloved staff member, marine, husband, he talked down a shooter, defused the situation. it cost him his life but he may well have saved countless others. chief master sergeant james ross supervised lansbury joins us from sparks, nevada. thank you for joining us, sir. appreciate it. >> thank you. >> what can you tell us about michael? we want to understand him as more than just this moment. we'll get to the moment but what can you tell us about the man? >> well, master sergeant lansbury was my subordinate. mike lansbury waslandsberry. he always wanted to volunteevol mentor, coach and teach.

>> how is his family doing? >> his family is grieving as you would well expect, but they're coping. they're moving forward. my wife once told me it would take an exceptional person to be married to mike, and his wife has borne that out in her actions so far. >> nothing will make okay for them, but maybe there is a measure of solace in the decisions that michael made that wound up costing him his life. what do you understand about what would give him the strength, the poise and determination to go up to even a 12-year-old or not, he knew the gun had been used already, he knew the intention was to use it more, he knew this kid was disturbed by all accounts, what does it say about him that he took this challenge on? >> michael left us the same way that he lived his life amongs us

with honor and discipline and integrity and the discipline instilled in him from marine corps boot camp and throughout his service in the united states marine corps and the air force, through the international guard, allowed him to stand in face of that danger and to -- he was trying to help that child give up the weapon. so that he could protect others. >> a lot of people get the training, sir, and few would put it to practice this way. what can you tell us as insight about this man that this makes sense to you on some level, even though he saw this level of danger and urgency he moved toward it, tried to engage this kid, he tried to make it better? >> the discipline that you learn throughout your military service holds well in that respect and standing in front of someone who has a loaded weapon. but the protective instincts of a teacher and those were his kids, it didn't matter if they were in his class or not.

they went to the school and they were his kids and he felt it was his duty to try to protect them from any danger that was there. >> and that's what we're hearing, that he had that level of dedication. had you heard him speak about that before in terms of the bond he felt and what the purpose or the mission if you will was in taking care of these kids? >> absolutely. he loved kids that he had taught, like i said, he was a coach, a mentor, a very people person, and he always talked about his kids and his family. those are the most important things to him. >> what do you think we should do with this going forward? how should he be remembered? what do you think we take from this? >> i think we honor him as he honored himself, and we'll move forward with the memorial obviously.

and give him the respect that he deserves for stepping up and giving his life to protect the other children. >> we struggle to find significance other than the obvious, try to find out what made this kid snap, what was his problem, how could we learn going forward but when someone emerges the way your friend did, who does something most would not we have to remember that as well and we understand you're having trouble with the memorial because it's hard to find a place that's big enough to fit everyone who wants to come forward and celebrate the life of this man. is that true? >> there was no trouble finding it. there was a decision trying to hold a space large enough to hold what will be the students and the faculty and his brothers in arms in nevada and army and international guard and i believe that a decision has been made and that will be announced

later on. >> we look forward to it, because whenever we see these horrible situations, we often do see not of this caliber, but we often do see people being at their best in times when people are at their worst so master sergeant, chief master sergeant james ross thank you for the perspective on your friend this morning, thank you for joining us on "new day" and i'm sorry for your loss. >> thank you, sir. have a good day. >> kate, to you. >> chris, thanks so much. let's get over to karen ma ginnibegi guinnebegin maguinnes with the forecast. >> temperatures running 5 and 15 degrees below where it should be this time of year, a huge temperature change taking place in the northeast, yesterday new york city soared to 67 degrees. as we go through the morning those temperatures staying into the 40s, we'll gradually see some 50s but the temperature struggles to get to that

temperature. if you're watching the ball game tonight, the first one is t looks like we will expect mostly cloudy skies. can't rule out the possibility of a stray shower or two, that's all thanks to this area of low pressure, still pushing some of that moisture onshore, as it does it reduces the visibility. i think for this morning for those airports along i-5 corridor, the i-95 corridor, you might expect some minor delays, but temperatures not just cold today, they'll be cold again tomorrow, even colder in the northeast. kate, back to you. >> all right, karen, thank you so much for that. coming up here on the show, lessons learned from the affordable care act fiasco. former utah governor jon huntsman is here and will be live for his take on the way forward. and also ahead, we love to reward them of course but the treats we're giving our dogs they could be dangerous. even more so, deadly. report pet owners cannot afford to miss, coming up.

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welcome back to "new day." it is wednesday, october 23rd. hope your morning's off to a good start. so as the white house ramps up obama care damage control are there any lessons to be learned from the few states running their own health care health insurance web sites. the state of utah first launched a health insurance marketplace website in 2009. joining us to talk more about this and a lot more about the politics today, former utah governor and former 2012 presidential candidate jon huntsman. governor, it's great to see you. >> thanks, kate, it's a pleasure to be with you. >> of course. you've said that the president's health care law is a very important experiment this year for this country. what do you think of the

experiment so far? >> well, it's a bungled start, there's no doubt about that, but we must press forward. i'll tell you why. when i was born over 50 years ago health care as a percentage of our gdp was about 2%. today it's about 18%. you're looking at a $3 trillion industry roughly the size of the gdp of france that's growing at double digit rates. we have no choice other than to attack the costs and the only way that you attack the costs i learned as governor at the state level is by getting more people insured and the only way you do that successfully is by providing a multiplicity of options, insurance options that take care of a lot of contingencies in life. that's why as you look back at this thing, kate, we really should have let the states lead out, experiment more with their own exchanges to expand the marketplace, to expand the options, to see about getting people connected and how best to do that before launching at the national level. so a lot of republicans and even others were saying let's give

this basically a year and work out some of the details because it will be a complicated thing to do. we may find at the end of the day that delay after delay which some members of congress are calling for really does produce whether you like it or not a one-year experimental period before this thing really is up and running effectively. >> so they're trying to fix it as we speak i guess we can say. aside from president obama, kathleen sebelius, the secretary of health and human services, has really been the face and has faced growing criticism especially from the republican party. do you think that she deserves the blame? do you think that she should consider resigning? >> well, this is a much bigger issue than kathleen sebelius, who i know and is a dedicated public servant. this is about technology. it's about the health care marketplace. it's about connecting with individual states. it's about a white house that i think was impervious to good common sense reasoning at the beginning, when there were a lot of voices that said give it time. make sure we roll it out piece by piece, and identify the soft

spots, and we can address some of the vulnerabilities, and then we're going to be better off over the longer term. so you can point fingers of blame, but i think the issue really is beyond that. this is such a big percentage of our gdp. if we get it wrong we suffer. if we get it right expanding the marketplace ultimately it makes us a more competitive nation and gets a lot of very vulnerable people covered who today are out there betweenle from programs not able to get jobs in the job market. the implications are profound and go well beyond just politics, kate. >> i want to ask you unfortunately about politics and the people in that building behind you. the republicans in the budget battle that we just came out of and the government shutdown, republicans really came out on the losing end of this. what is your message to your party going forward? >> well, partisanship doesn't pay. bipartisanship, problem solving and identifying solutions is exactly what the american people

want, and the republican party has always been well served, the party of lincoln and roosevelt and eisenhower and reagan. as a big picture, optimistic, inclusive, bold thinking party. we've always had a vision associated with what we've done. you bring an end to the cold war you, you rev up economic performance, build the opportunity ladder and partisanship, which is what we've been involved with this last round makes for a lot of pretty dramatic television and a lot of sound bites for the partisan journals but it doesn't move the ball forward for the american people, and so we find today that we're no better off than before this discussion took place, and i'm so encouraged, kate, by the work of no labels, which i co-chair. we now have almost 90 members of congress in that building right behind me. republicans and democrats alike. >> which you wouldn't know if you were looking at the debate on the senate and house floor you have so many people signed up. >> no. >> you talk about how do you get

the ball rolling going forward, how do you progress? some in your party are pointing the finger and i know you do not like to place blame but i must ask you, some are pointing the finger at the texas senator ted cruz saying this has become the party of ted cruz and standing alongside him throughout the fight has been the senator from utah, mike lee. ted cruz went home to a hero's welcome in texas i've seen reports. mike lee not so much in utah. what do you make of this? >> mike lee went back to 40% approval ratings in the state of utah, which is the lowest recorded approval for any sitting u.s. senator in polling history in the state of utah which pretty much likes its senators traditionally. listen, names aside, we're only going to win and the republican party is only going to win when we get around to problem solving and solutions. we have to change the center of gravity in american politics away from the extreme partisanship. >> do you think they're listening to you? >> they're going to listen to the voices of the american people and i have no doubt the

voices of american people will demand we seek solutions and problem solving and get beyond just pure partisanship. we've had pure partisanship for two or three election cycles. people are sick and tired of it. we've blown up the system. they want fixes and solutions. they want jobs created. they want schools that will educate the next generation. they want this nation to compete and the republican party should be right at the forefront of all of that, and i think our no labels caucus, republicans and democrats alike, almost 90 of them are changing the center of gravity. people are actually working together where nobody thought they'd be able to do that and 17 bills have been introduced so we're proving the concept that this whole no labels aapproach actually can be a very important contribution to american politics and good legislation and good government. >> we will see people are listening. real quick when you lay out the huge challenges ahead and how dysfunctional washington is, would you ever consider running again for the white house? >> listen, i love my country. i've given some of the best years of my life to public service. i will always be a public

servant and step in whenever i can help my country. i'm not a politician in the sense i'm looking for something to do politically. i like helping my country, like a lot of other good citizens in america, they want to step up when they can do something and i'll always be ready to do that. >> call it a dodge for now. i'll let you off for now. thanks, governor. >> thanks, kate. >> he didn't say no, chris. >> it's hard to say yes when you want to see compromise in a toxic environment. great interview though. we'll take a break on "new day." remember the officer called to the scene of a shoplifting, decided to buy groceries for a mother in need, what she did is changing lives, teaching lessons. we'll talk to her life on the show. and do you think anyone could actually end world hunger? what about three people? all named buffett. warren buffett, his son and grandson, they got the dough and we'll tell you how they plan to use it. thrusters at 30%! i can't get her to warp. losing thrusters. i need more power. give me more power! [ mainframe ] located. ge deep-sea fuel technology.

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and welcome back to "new day." it is time for the five things you need to know for your "new day." at number one, health and human services secretary kathleen sebelius telling cnn she has no plans to step down. she blames enormous volume for issues with the obama care website and says the president did not know about the problems with the site before it launched. the parents of a 12-year-old nevada boy who shot a teacher and two students before killing himself could be facing criminal charges. police are now investigating whether they mishandled the gun that took their son -- that their son took to school. a top white house national security official fired for

tweeting accused of using a fake twitter name criticizing john kerry and among others. big recall, more than 11 tons of chicken, ham and beef products over concerns of contamination with listeria. the products sent to retailers and distributors in 27 states. so far no reports of illnesses from the foods. a low key christening in london today for prince george, that's what the duke and duchess of cambridge wanted saying only close family members are invited for the ceremony. we'll bring you a live report coming up. we update the five things to know. go to newdaycnn.com for the latest. >> thanks, michaela. warren buffett backing his son's mission to end world hunger. howard buffett, a farmer and philanthropist has seen the ravages of malnourishment firsthand, armed with $3 billion from his legendary father to do something about it. poppy harlow brings us that story, a different look into the

oracle from home has. >> right and none of his kids, his sons didn't follow in his father's footsteps he's literally a farmer in illinois but using his money to help people learn how to farm better around the world. it's astonishing, 842 million people in the world do not have enough to eat and legendary investor warren buffett and his son hen grandson have a new book "40 chances" we sat down with three generations to find out what they're doing with the fortune and why. your goal is to feed the world frankly. >> it's kind of a big goal but it's a goal to shoot for. >> reporter: howard buffett and his son think the best way to fight hunger is to learn how to farm better. >> you know, when you think about there's tens of millions of farmers that can't feed their families, that's just wrong. you don't have the infrastructure, don't have the political leadership. you have corruption. you don't have the governance you need to do it. the huge part is you don't have the knowledge and a way to

distribute the knowledge. >> howard's father, legendary investor warren buffett has given billions to their cause. is the return on investment coming through? >> on my 82nd birthday i doubled the commitment. i wouldn't have done that unless i felt terrifically about what they're doing. >> reporter: much of the work is in conflict zones like africa and afghanistan, detailed in their new book "forty chances." >> we've learned you can't wait for the conflict to end so one of the most important things you can do is find the small or large, find the investments that you can make at the time that things are not stable and they'll lead to stability. >> we spent over a year in a specific community in western afghanistan working with the farmers and over time we were able to provide them with the linkages that they were missing so that they could grow better crops, they could get those crops to market. >> hi, how are you? >> reporter: howard has learned a lot from his father but credits his mother most of all. >> i don't think i would have made those choices, the choices that we make today in a lot of

what we do if i hadn't had her influence. >> he got his values from his mother, no question about that. >> reporter: another influence, public school. >> they saw america as most americans see america rather than from some rarified perch. i want my children to understand the world that they live in through the eyes of the people thank of that world and the fact they've got some money to do some good things. it's great but they'll do them better if they lived in the world rather than looked at the world. >> that's really what stood out from the interview. they'll do better if they lived in the world than looked at the world as a billionaire's son and they have gobs and gobs of money but all three of his children have chosen to do good with it. warren buffett said i don't want to give them too much that they can't do nothing. >> what's unusual about warren buffett and his family, you might hear in from a billionaire he wants his kid like every other kid but warren buffett is quite normal and so are his

kids. >> you were talking about seeing him get into a taxi, drifves hi own car to work. tries to be as normal as i can. he's given most of his fortune to the gates foundation and a few kids to his kids' work, too. >> a billion here and there. >> when we come back two must sees, first, pet treats that kill. we're going to give you the information about what's going on with dogs and what they're eating and what you need to know to keep your best friend safe, and a cop with a conscience, find out why a florida officer decided to feed a shoplifter instead of just arresting her. we'll talk to her life, a great message in that one. [ horn honks ]

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welcome back to "new day." a warning now for pet owners. some popular treats you like to give your dogs and cats could actually be making them sick and it's unclear what's causing it.

it's a mysterious treat-related illness that can be deadly for your pet. >> the most severe symptoms are vomiting and diarrhea, but the real underlying problem causing the symptom is kidney disease. >> reporter: the food and drug administration linked pet jerky treat products most of which were made in china to 580 deaths, more than 3,600 illnesses in dogs since 2007. but it's not just affecting man's best friend. at least ten cats have also fallen ill. the fda says more than 1,200 jerky pet treat samples have been tested since 2011, looking for pesticides and salmonella. >> they have to in a are row it down by product and which ingredients and see how many different product that one ingredient is in. >> reporter: investigators claim to be meeting with regulators in china to share its findings. experts are stumped as to what is making the animals sick. in a last ditch effort the fda

sent a letter to veterinarians around the nation tuesday requesting a urine sample and bloodwork from ill pets who consume jerky pet treats. >> it's very important to educate veterinarians so we can educate our clients and stopping them from eating the treats could reverse any damage that's been done. >> reporter: nestle, purina creek and milo's kitchen are voluntarily withdrawing their products. since the fda inspection one firm in china used falsified receiving documents for the ingredient glycerin, since then chinese authorities seized their products, suspended exports and hopes they can find out what is killing our four-legged friends. so far there is no clear evidence that glycerin is the culprit. so to be dafl, maybe careful. hold off on giving those products to your pet for now. a young man doing what he

can to end bullying. decade ago jalen arnold became the youngest diagnosed case of tourette's syndrome. here's dr. sanjay gupta's "human factor." >> i am jalen and i have tourete syndrome. i used to get bullied a lot. >> reporter: cool, calm, confident, 13-year-old jalen arnold is on a mission to banish bullying for all. >> i've felt the pain of being bullied, and i have been bullied bad but i know there are over 100 kids that are being bullied, 100 times worse than i was. >> reporter: you see jaylen has tourett's syndrome, a neurological disorder which causes repetitive involuntary movements and sounds called tics. >> jaylen began ticking at the age of 2. we went through several doctor

appointments. pediatrician was like my i think this is classic tourett's case. he was only diagnosed at 3 because in order to be diagnosed with tourette they have to observe the behavior for one whole year. >> we came up with jaylen's c m challenge, i wanted to stand up and make a difference. it hurts to think how much torture and how miserable a kid's life can be just because one person is causing them to feel they're worthless. >> we get a bullying no way? >> no way! >> reporter: dr. sanjay gupta, cnn, reporting. >> the guy with jaylen is actor dash mihock, he has raved on to fame and trying to get the message. we have the bracelets. >> jaylenschallenge.org. >> on the back it says no bullies, no way. had to read it upside down. >> good message any way you read it. coming up next on "new day,"

remember this story, a police officer doing the right thing, helping an accused shoplifting instead of arresting her, helping her. well, we're going to talk to the officer about why she did it, why she did what she did. it's better, the better stuff, next. mine was earned orbiting the moon in 1971.

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♪ it's got to be the good life waiting for this all morning. time for a special edition of "the better stuff." tuesday we told but a miami-dade police officer, vicki thomas, dispatched to the scene of a shoplifting but instead of just arresting this desperate mother of three for attempting to steal groceries to feed her family she charged her with a misdemeanor,

walked into the store and purchased the food herself. that act of let's call it mercy is sending ripples around the world, may have helped put this young mother's life back on track. officer vicki thomas joins us now. officer, can you hear us? thanks for being on "new day." >> thank you. it's a pleasure to be here. >> no, the pleasure is ours. do you know what you did, officer? do you know what you did here? do you know what's happening now? do you take responsibility? >> yes, i do. i didn't know what was going to happen when i did it. i did it just because i needed to. >> now explain that to us. because there was the shoplifting, you had the crime, you had what you were supposed to do procedurally but then something else happened. why? >> she touched me. when i asked her why she did it, and she said she needed to feed her children, i could relate. i was a single mom and without the help of my family, that could have been me. and so i needed to do my job,

but i also needed to help her. >> and what did it mean to you when you went in there and got those groceries and knew what they meant to that family, those kids? >> at the time, i didn't know exactly, because i hadn't met her children until a little bit later. i knew that i needed to feed her and i bought enough groceries that would last her approximately a week. and i figured by then she could get on her feet or at least get some other assistance. >> now, i understand you tell me if this is right, i don't want to overembellish, you didn't tell a lot of people about this afterwards, you had to do a little explaining of why the particular case went the way it did but beyond that not too much. is that true? >> that's true. the partner that was with me knew and i think we mentioned it to one or two other people, my sergeant, and that was about it. >> so then look what happens. you do this, you kind of not forget about it but you take it in the course of your day, then we get this story, because the media's got the big mouth.

we love this stuff on the good stuff. we put out the story. the mother gets contacted, she gets a job interview, other people want to help her with her family. all because of what you started. how does that make you feel? >> it feels amazing. i was so pleased that everything has worked out for her. she has touched me. her daughter really touched me. the little boys, i am so, so happy that i could help this family. >> to protect -- >> it makes me feel like a million. >> oh, a million, don't be so small. it's like 10 million, like 100 million, why? because we don't see it today enough, do we? we have too many stories about the wrong thing happening. you have protect and serve as part of your mandate and mission. but to do something like this, to know that this mother's got a job now, to know that her kids have food, to know that people have seen an example of service, that we don't usually see from officers or anybody, all from something you did apparently just out of instinct.

>> yes. it's amazing. it's so hard to explain, because i do a lot and it's -- thank you is very seldom heard in my profession. most of the time when we go, no one is happy to see us, so this was just, it's overwhelming. i'm so, so very proud. >> give me a one line for people what you want them to know how they should treat one another? >> treat them like you want to be treated. >> simple, but strong. thank you so much, officer, for joining us. you gave a beautiful example, happy to make you part of the "new day" family on "good stuff." >> thank you so much. it was a pleasure. >> pleasure was ours. let us know what you think, tweet us with #newday. what a story, kate, huh? >> what a story. that is one good woman. thank you for that. coming up next, define

convention yet again. prince george is being christened this morning but his parents are making it a private affair. that's unusual for the royal family. we'll take you to london next. [ male announcer ] legalzoom has helped start over 1 million businesses. if you have a business idea, we have a personalized legal solution that's right for you. with easy step-by-step guidance, we're here to help you turn your dream into a reality. start your business today with legalzoom. we're here to help you turn your dream into a reality. to search your stuff and stthe web all from one place. let bing find the photos you've been gathering in the cloud, the music you've been collecting on your device, and all the places you've been dreaming about from the web. search for anything and everything beautifully and simply with just a single swipe or type, only with bing smart search

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as over 60,000 trees. that's a trend we can all get behind. once wrote something on a sheet of paper and placed it in his factory for all to see. ♪ four simple words where the meaning has never been lost. the challenge always accepted. and the calling forever answered. ♪ introducing the all-new 2014 s-class. mercedes-benz. the best or nothing. of providing a free world-class education for anyone, anywhere. if you look at a khan academy video, they cover everything from basic arithmetic to calculus, trigonometry, finance. you can really just get what you need at your own pace. and so, bank of america came and reached out to us and said, "we are really interested in making sure

that everyone really understands personal finance." we're like, "well, we're already doing that." and so it was kind of a perfect match. ♪ [ male announcer ] more room in economy plus. more comfort, more of what you need. ♪ that's... built around you friendly. ♪ welcome back to "new day." let's give you a quick look at your top stories. kathleen sebelius saying president obama didn't know about the website issues before the website went live and in an interview with cnn insisting she will not resign despite the site

problems. chilling new details and 911 calls from the shooting at a nevada middle school. witness tells cnn the shooter fired four to five times injuring two students, killing a teacher before turning the going on himself. in australia, 70 wildfires continue to rage. thousands are evacuating their homes near sydney. those are your headlines. >> before we get more on the royal christening, shall we off to the couch? >> yes, please. >> every day we work to be a better company and to keep our commitments and we've made a big commitment to america. bp supports nearly 250,000 jobs here, through all of our energy operations with he invest more in the u.s. than any other place in the world, in fact, we've invested over $55 billion here in the last five years, making bp america's largest energy investor. our commitment has never been stronger. >> i actually still want to know what do brits call a couch or

sofa? >> a chesterfield. >> there you go. >> the most anticipated christening of the year, the duke and duchess bringing prince george to church this morning for the blessed event. max foster has the latest. good morning. >> reporter: hi, kate. about an hour this service will take place. it's a really small service, only 23 guests in total, but seven in charge of the spiritual upbringing of the future king, future supreme governor of the church of england no less and the godparents cover every part of their lives, friends from school, friends from university, one of diana's friends and one of charles' friends and number one close aide as well. it will be a small service in the chapel royal, where george will be baptized with water from the river jordan, and afterwards they'll have cake, which will be a tier from the grand wedding cake, 2 years old now but i'm told it's still fresh, it's fruitcake, we sort of do that

thing in this country, eat fruitcake a couple years after we've made it. >> if it keeps it keeps. are we going to get a glimpse of little george? >> reporter: well we hope so. that's what everyone is holding out for but no cameras are allowed in at all so we'll catch at rivals. there is an official photographer inside that will take pictures after the service. those pictures will be released tomorrow night, though, so there's a chance we might not see hem today. >> we will all wait for that. we're all still kind of startled, seven godparents? >> good coverage. >> they take their religiosity very seriously there. >> that's how they say it. thank you, max. >> seven godparents. he's not going to be able to escape the calling. >> that's the whole point. >> a lot of people to visit when you're older. >> a lot of graduation gifts. >> that's what i was talking about. >> eye on the prize. >> looking forward to that, can't wait for the photos of course, by we i mean them.

time for the newsroom. let's get to carol costello, also anxiously awaiting the gorgeous george christening pictures. >> man, i've been waiting since last tuesday. are you kidding? thanks, guys. >> sarcasm we do not sense any at all. >> none at all. have a great day. thank you so much. >> bye, girl. >> "the newsroom" starts now. -- captions by vitac -- www.vitac.com happening now in "the newsroom" a cnn exclusive. >> did you ever talk about resigning to the president? >> what i talked about is doing the job that i came here to do. >> the woman behind the flailing, floundering obama care website one on one. >> why didn't they bring their "a" team in in the first place? also cross-continent custody drama. >> the estimation of maria she may be 5 or 6 years old. >> reporter: a blond haired blue eyed little girl and any new twistn