so the debate will continue online at cnn.com/crossfire as well as facebook and twitter. >> join us tomorrow for another edition of "crossfire." "aaron burnett o erin burnett "out front" starts now. the murder conviction of michael thrown out. >> it is more worrisome to me the president says he's unaware of everything that's going around him. >> plus, did a 14-year-old boy beat his math teacher to death? >> i think it is -- i'm completely shocked. i don't think philip would be the type of person to do this. >> let's go out front.

>> good evening. i'm erin burnet. we begin with breaking news. a kennedy family cousin free. his murder conviction overcurrented. michael skakel, a nephew of robert and ethel kennedy, was convicted in 2002 for the 1975 murder of his teenage neighbor, martha moxley. a judge has overturned it. skakel's attorney did not adequately represent him. overturning a conviction from 2002 for a crime that was -- my math right, 38 years old. how often does this happen? >> shocking. i can't say it is unprecedented. sometimes in death penalty cases you see a result like this but it is very, very rare. almost unheard of. >> which leads me to, of course the answer of the question a lot of people have which is a lot of people think this is special

treatment for the kennedys. you are looking at this case. two classmates, two of skakel's former classmates testified to them i'm going to get away with murder, i'm a kennedy. patrick kennedy, congressman, 2006, crashed into barrier on capitol hill. nothing happened. not prosecuted for driving drunk. ted kennedy never stood trial for the death of mary jo for were chappaquiddick. william kennedy smith acquitted of rape. >> i know the public thinks this is the case. with respect to mary jo and that death i think the kennedys got special treatment then. it was of different age. the other case, william kennedy smith case, which was the rape case in florida, one of the first big cases to be televised by the way, i covered it, the evidence in that case was very, very weak. i wasn't surprised by the acquittal. but let's turn to this shocking case.

are they getting special treatment here? >> or not for michael skakel. >> i don't think so. the case against skakel was always very, very weak. remember, he wasn't tried until 27 years after the murder. he was 15 at the time the murder took place in 1957 he was convicted in 2002. so you can imagine after so many years had passed in the end the evidence was very shaky and it consisted of people in drug rehab program, alcohol rehab program, saying he had said certain things that linked him to the murder and the program. they later -- at least some of the witnesses recanted that testimony. and the court here said that his attorney, which -- i guess the public would say was bought with kennedy money, very famous connecticut attorney named mickey sherman was incompetent. that he, in fact did not properly investigate the case. that he had financial problems of his own. that impeded his ability to be a good defense counsel. so the court has reversed saying

he was denied adequate counsel. >> interesting. not getting special treatment for michael skakel. thanks very much. other other top story, is the president evens party turning on him? democrats want to del stay penalties, extend the signup period for obama care. on the list, senators joe manchin, jeanne shaheen, mark pryor and mark begich, all democrats. we are hearing behind the meltdown. a last-minute decision that required people to create an account online before they were allowed to browse the insurance plans caused the fiasco. that's according to a contractor. the administration, still mum. ca >> reporter: what a difference a day makes. under mounting pressure in washington jay carney said the administration will begin providing daily briefings on obama care. >> regular briefings. secretary sebelius' instaygation that would try to answer your

questions and provide as much information as possible. >> so far answers about the obama carrollout have been hard to come by. >> again, i would refer to hhs about what information they have and what they are able to provide. >> it is not unusual for the white house spokesman to walkway from reporters as he did tuesday. >> trying to help the situation. >> reporter: when he was still being questioned about obama care. but it is an example of the tension in washington over scarce information. >> how much is this costing taxpayers money? as a longtime washington reporter before you took this job, obviously that would likely be something that you felt was a right to know. will we get that information? >> reporter: i would address your question to hhs. i don't have that information. i don't -- you know, this is an operation being run by hhs. >> reporter: health and human services secretary kathleen sebelius was quick to recite some numbers in an exclusive interview with cnn's consider sanjay gupta. >> we had a million calls. we had 19 million people visit the website. 500,000 accounts created and people are shopping every day.

so people are signing up. >> reporter: creating an sect not the same as signing up. >> how many people have signed up. >> we will be doing what we have done with every other program and medicare -- part d, we have done it with -- we will give monthly enrollment figures. we said that since the beginning. >> reporter: republicans are seizing on the secrecy. >> we still don't know these enrollment numbers. hhs is blocking third party verified traffic data. this is not transparency and adding to the confusion and fear surrounding the rollout of obama care. >> the white house spokesman said the daily brief lgs help people understand what is going on with efforts to fix the problems associated with obama care. we still don't know when they will release the information of how many people have actually signed up. >> that's the key question. thank you. democratic congressman henry waxman. thank you for taking the time. kathleen sebelius, as you know,

did an interview with sanjay gupta and asked her when the president found out about the problems with the obama care website. i just wanted to play for you that exchange. i think the way it went down is important for the question. >> do you know when he first knew that there was a problem? >> well, i think it became clear fairly early on. the first couple of days that -- >> not before that, though, not before october 1? >> no. >> keep a mind the website crashed, a few hundred people tried to access it during one of the tests. the president went out to american people and said, quoteding, tell your friends, classmates, family members to sign up. wasn't it kathleen sebelius to make sure the president knew the scale of the problem so he wouldn't go out and say something like that and look, at the least, clueless? >> i think that expected -- the -- website would work. and they didn't realize that once they opened it up on october 1 the demand would be so great that it was not able to accommodate it.

we have a glitch. it needs to be fixed. no question about it. but the law is basically a good law and people will be able to get affordable health insurance. not withstanding the fact they had pre-existing medical conditions or in the past couldn't afford it. insurance companies won't be able -- will be able to put limits on it and take your policy once you get sick. these reforms are -- are already in effect and -- what we need to do is to give people the chance to buy the insurance that the -- promise that will be available to them. >> sfin final question, according to accuse area, which obviously as you know is a nonpartisan evaluator of health care, they are saying health plans are sending hundreds of thousands, hundreds of thousands of cancellation letters that bought their own coverage. the policies don't meet the requirements of the affordable care act. i guess, for example, that could mean if you have a plan, it doesn't provide maternity care. but a lot of people like their plans and didn't want maternity

care. is what americans have heard from the president over the past four years true? here is what the president has been say. >> if you like your health care plan, you can keep your health care plan. our approach would free serve the right of americans who have insurance to keep their doctor in their plan. if you are one of the more than 250 million americans who already have health insurance you will keep your health insurance. >> were the american people misled? >> the american people were told they would be able to keep their insurance. most people are insured through their jobs. those policies will continue. in the individual market, when people go to shop, they will be shopping together. and the -- the -- with the opportunity to choose between different plans and if people have a private individual policy, they are often charged a lower price because they are healthy. because those who have pre-existing conditions were excluded. let's get everybody in the same

pool. they should have provided for a transition. some of this is hitting people quite abruptly. >> hundreds of thousands of people are being told they are going to lose the plans and a lot of them are saying they like those plans. it is nice the president has this list of ten things every plan has do. if you are not like me and pregnant you may not want or need to pay for maternity plans. you may be pretty mad right now. >> i don't think that the issue is those plans don't cover what will be required under the affordable care act. i think that the fact is that a lot of people buy individual insurance and they should be buying it with everybody else who needs to buy individual insurance. some of those who have it now are -- healthy. they should have been allowed to keep their insurance and at least million it expired and then buy the plans through the exchange. i think that's the mix-up they -- transition issue and i know it is -- difficult for a lot of people. >> all right. >> sorry about that. >> thank you very much, congressman. it has been a pleasure and

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our second story out front. when in charge of american nukes, men asleep on the job. this is more than embarrassing for the air force. it could have been incredibly dangerous for the security of the united states. two officers entrusted with the launch keys to the long-range nuclear missiles have been caught twice. leaving a security door open while sleeping. the door is designed to keep intruders out. it has to remain closed to protect one of america's top secrets which is the secret launch codes for nuclear warheads. barbara starr is out front. when you -- you lay it out this way, it is unbelievable. what do you know about these incidents? >> well, good evening, erin. they are lied to sleep. they stand a 24-hour shift. two-man crew. one allowed to sleep at a time. if one is sleeping, which is approved, the door has to be shut. and this time in two cases it was not. let's go to a map and show you

where all of this has happened. one was at minot, north dakota. and the other in montana. the deal is this. the crews have been disciplined for this. what they did in both cases is these underground launch centers, as deep as 100 feet underground, two-man crew, one asleep, they left the door open. that's sloppiness. the question is -- was it dangerous. the air force says there's plenty of security measures that there are security fences up top on the ground, sensor, armed guards, lots of security tied to nuclear launch codes. a terrorist or intruder could not possibly have gotten in. but that, of course, may not really be the issue. the issue is this comes after several embarrassing incidents. top general fired a couple of weeks ago in the nuclear community for being consuming alcohol, being drunk. other times, we have had these units fail their inspections in

recent months. the question is -- how sloppy is it and what else is going on out there that the air force may not now even know about. erin. >> it certainly does raise those questions. our third story, a beloved massachusetts teacher brutally murdered. colleen ritzer was found beaten to death this morning. danvers is a suburb of boston. she was found after investigators discovered blood in the second floor bathroom at the school. he was a math teacher. 14-year-old freshman philip chisem, student, has been charged with her murder. don lemon is out front in danvers. >> reporter: this is the face of an accused killer. >> the defendant before the court is 14. >> the fact he is arraigned in adult court. >> reporter: investigators in

massachusetts allege that the 1-year-old killed 24-year-old colleen ritzer where she taught and he was a opportunity quiet. kept to himself. new to society. he's a good kid. didn't seem anything bad. nothing out of the ordinary. just a quiet, normal kid. >> reporter: students and family members say ritzer loved being a teacher. at times sending out homework assignments over twitter, facebook and her blog. >> wonderful lady. couldn't say enough about her. she was always the teacher to go the extra mile and for students. >> reporter: why would anyone, let line a student, want to kill her? allegedly dumping her body in the woods behind her own school. >> i think that their sense of security starts to become shattered. and they all just said this is danvers. it doesn't happen here. >> reporter: the discovery of colleen ritzer's body was a surprise ending to what started tuesday night as a hunt for chisem. a high school soccer player that went missing. meanwhile, ritzer's family called police saying she was

missing, too. >> police initiate ad search for the teacher and discovered blood in the second floor bathroom at danvers high school. >> did kill and murder such person. >> the teen was found in a nearby town on tuesday. according to court documents, investigators learned from an interview with chisem he assaulted and then murdered ritzer. in adult criminal court the teen's attorney argued he should be treated as a juvenile. >> in this case, the defendant wish tows have services to evaluate him. i think the case speaks for itself. >> reporter: that decision was not made today. he will be held without bail at a county jail facing a murder charge. as a community struggles to answer the question -- why? a student and members of the community begin to gather here for a vigil tonight, we are learning that he was indeed -- was indeed a student of the teacher here. we are also hearing that the

d.a. seeking to try him as an adult. this is specific language from the d.a.'s office. he said the essex district attorney's office intends to seek grand jury indictment for the murder which could only be tried in superior court. therefore, the defendant will be treated as an adult in court. >> significant headline there. thanks so much, don. still to come a prominent democrat accuse as republican of disrespecting the office of the president and insulting the president directly to his face. we will tell you what was said. and ask this. why is the white house saying it didn't happen? plus, broken borders. how canadian sex offender slipped across the border and allegedly assaulted an american child. online confession to killing man shocked the world. did it help him when it came to sentencing? clients are always learning more to make their money do more. (ann) to help me plan my next move, i take scottrade's free, in-branch seminars... plus, their live webinars. i use daily market commentary to improve my strategy. and my local scottrade office guides my learning

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vial emtd sex off ender slips across the border in seattle people are demanding answers after a repeated sex off earned from canada was allowed to enter the united states despite a warrant for his arrest. and then, according to authorities, sexually assaulted a boy. the 48le-year-old who is an american citizen had his first court appearance today. >> reporter: michael sean stanley was not supposed to be in the united states. but this week the convicted, violent and repeat sex offender was arrested in seattle. accused of assaulting a teenage boy in an alley. >> sounded like someone was in pain screaming. >> reporter: the teen brand i shall ad my and managed to get way before calling 911. back up to a few weeks ago.

stanley was living in alberta, canada. police monitoring his every move after serving jail time for the kidnapping of two boys from a school yard in canada. on october 1, stanley cut off his electronic monitoring bracelet. prompting police to issue an alert saying stanley posed a significant risk and specifically told u.s. border agents he may be headed their way. according to the seattle times, less than a week later, stanley entered the u.s. through the border crossing. custom officials say that they didn't stop him because he is a u.s. citizen. he showed proper i.d. and wasn't wanted in the u.s. >> when somebody comes into the country and you know there is an outstanding warrant held by another country but they are unwilling to extradite that individual, the u.s. customs and board i protection does not have the authority to arrest that individual and that becomes a significant law enforcement challenge stanley made his way to seattle where police found him last week. made him register as a sex offender but let him go africa canadian authorities chose not

to extradite him. essentially a free man stanley himself publicly proclaimed his innocence. >> i'm not out there committing crime. i'm not raping people or killing people. i'm not doing anybody any wrong. >> reporter: until early tuesday morning when police say that stanley lured the 16-year-old, gave him alcohol before assaulting. >> going forward we need to find ways to go ahead and tighten up some of the loopholes. and see what we can do to make sure the country is safe other some of the issues. until in a happens, these things, unfortunately, will occur. >> unbelievable. i guess he is stating a fact. it is impossible to accept these things unfortunately will occur. but, you know, as i mentioned, he had his first court appearance today. what happened? >> he made his first appearance. it was an arraignment. it wasn't connected to the assault charges of that 16-year-old boy. it was on the harass charges for verbally threatening a neighbor in that alleyway where all of this allegedly occurred. he pled not guilty on that.

and he argued, his attorney argued, for his release. the judge saying no way, setting bail at $100,000. the prosecutor is actively pursuing charges on that allege assault of the boy. >> lots of questions we immediate answers to. thank you. still to come, the white house mole unmasked. how a government official was able to anonymously criticize the administration from inside for two years without the nsa or anyone else finding him. plus a mystery captivate 10 tire world. what we just learned about the greek mystery girl tonight. a runner gets the surprise of his life. we will play the entire video for you. it is tonight's shout-out. [ male announcer ] you'll only find advil, the #1 selling pain reliever, in one cold medicine. advil congestion relief. it delivers a one-two punch at pain and sinus pressure

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welcome back. key testimony in the trial of prominent utah doctor martin macneill. he is accused of drugging and drowning his wife michele. an emergency room doctor took the stand and said michele's skin was bluish. he thought she was dead by the time she arrived at the hospital. the doctor also testified macneill, who was in the room while they treated his wife, said something very strange. >> he made an odd request of me which i still find to be in 15 years of practice completely unusual and really off the wall. >> what was that request? >> he offered me $10,000 to

continue my resuscitation. >> his two daughters are expected to testify tomorrow. a man who made a video, the judge sentenced him to 6 1/2 years in prison. the maximum he could have gotten was 8 1/2. we want to give you context here. the anyalty for killing someone while drunk is very different than killing someone otherwise. here is the truth. it varies a lot. in the north dakota you can face life in prison. in other states, the penalty could be just a few months. cnn he was given a safe sentence that will likely not be overturned. is it foss girl known as maria may not have been abdu abducted? a couple has been charged with the kidnapping of the child. they say they adopted maria from

her biological mother. our karl penhaul is reporting from where maria was found and locals tell him she is the daughter of a bulgarian woman who couldn't take care of her and handed her over of her own free will. when what you experience is eating, sleeping, adoration, getting a vaccination could be a tough day. the panda went through that today. veterinarians report she is in good health. expanding her waistline to 16.5 inches. she has gained a pound in just five days and weighs nearly 7 pounds. tiny considering when she grows up she will be about 220. pictures can deceive. she will grow up to be tough and not quite as nice as she looks. our fifth story out front. a white house insider goes rogue. a white house staffer out after job tonight. apologizing for slamming the administration through anonymous tweets. for more than two years, national security staffer jofi joseph led a double life.

criticizing white house policies on twitter and making comments about the social liaisons of various people in the democratic party. chris lawrence is out front with the tweets and why the government we are all pointing thepingger at lately for all this spying couldn't figure this one out. >> these are just some of the people in obama administration insider targeted via twitter. was huma abedin wearing beer going also the night she met anthony weiner? i'm a fan of obama, but his continuing reliance and dependence upon a vacuous -- jafi joseph took part in high-level talks in the nuclear program and worked at the state department and was just weeks away from getting a high-level post at the pentagon when he was found out and fired. >> this is an enormous transgression and it is completely silly, you know, to

anyone to believe you can't trace a twitter account. >> joseph vilified his bosses for two years. tweeting everyone knows that all biden does is hyperbole and good luck to kerry. a human loose cannon. >> it is more concerning that the president says he is unaware of everything going on around him. >> that sounds like a partisan jab until you realize the administration couldn't figure out who hired joseph. >> an employee of the state department on temporary duty here. >> is that correct? >> no. that's not. >> the white house said he worked for state. state said no, he's yours. >> my colleague who i talk to frequently, he at one point -- without getting into the specific personnel matters which i will not do here either. >> a proud insider this summer joseph tweeted -- growing problem for the administration. too many first-term holdovers not getting hint that it is time to move on and get the bleep

out. advice some of the white house may wish joseph himself followed. >> you laugh at some of these. but it is indecreed thabl this could happen and this guy was involved in really important things. and they didn't know what he was doing on the side. it does many make the white house look good. how damaging is this? >> it is pretty bad. especially when it is coming from your own team, erin. at one point he says, you know, president obama can be a real jerk to a lot of the staff. in another one he says look, republican representative daryl issa is a bleep but is on to something here with this hillary clinton complete whitewashing of benghazi. she going after the integrity of the white house and going after them personally. you just can't do that to your own boss. >> all right. thank you very much, chris lawrence. disrespecting the office of the president of the united states and we are not talking right now about the wheat

scandal. senator dick durbin says that a top house republican leader told president obama, quote, i cannot even stand to look at you. during recent negotiations over the government shutdown. the white house said this did not happen. durbin tells us he is standing by his comments. this is fascinating on a lot of levels. let me start with you. dick durbin, an ally of the white house, very respected. they are saying that this never happened. he is saying it did. do you believe dick durbin? >> well, you know, who cares? one way or the other, does it fit the narrative that we have seen the last couple of years of the president? from everything from shouting "you liar" at the state of the union to confederate flags in front of the white house. it certainly fits a narrative that makes sense. and -- sort of the -- broader problem republicans have. disrespecting this president in a way many feel sun precedented. >> i mean, you know, ben, let me

ask you about this. why -- and this is -- what i'm trying to understand. i'm going to talk about what cornell just mentioned. some of the other incidents. but why would the white house -- if someone said i cannot even stand to look at you, why would the white house say it didn't happen if it did? i'm trying to understand that. >> yeah. i am actually shockingly going to side with the white house on this one. i -- i think they probably think that it didn't happen. i mean, i -- do think it is funny he thinks somehow this is only republicans. can we just go back over the last ten days? republicans have been called suicide bombers by the democrats, and the president has used the word anarchists and you have harry reid that said that they are worse than school children and one said they are acting like a terrorist. so -- this is both sides that know how to talk trash. the difference is actual americans are affected and it is not like a football game where there is a winner and loser and everyone goes home afterwards. this is, unfortunately the new

washington and even the president has been involved in it over the last couple of weeks. it has gotten ugly. >> to ben's point, he is talking about some examples. this guess both ways. when president bush was in the white house harry reid called him a loser. nancy pelosi called him an incompetent leader. there is something about the office of the president that would seem to make these things ink appropriate. just as it would make i cannot even stand to look at you be inappropriate. this appears to be a broader issue of not respecting the office. >> a couple of things. one is -- you know, with all due respect. the harshest criticism leveled at house republicans over the last ten days have come from -- senate republicans. so -- i'm not getting -- bog down in that. the other point here is, look, this is, in fact, something different. if you look at -- yeah, it is a tough office. you know. have you people coming at you all day from all different angles. it is a tough office. if you look at the -- the visceral and nastiness and unprecedented sort of behavior by congress, yeah, i think that

this is a little different than most americans think it is different. also, i mean, when has everyone ever screamed out -- regardless of whether you disagree with him, calling the president a liar on the floor. we don't like the iraq war, we are going to take our country over the fiscal cliff because of what the president is doing. that's unprecedented. >> what's funny is -- they all do this. the number one bumper sticker, if the '04 democratic convention was taking the parody off w., the president, and turned it into f., the president. and they were selling it at the democrat convention. this is the ugly world of politics. it has been happening now for a long time. they all do this. and i think you should respect the office of the president. whether it be george bush selling a bumper sticker literally saying f. the president or -- >> that would be totally inappropriate. i agree. >> but they sold and it it was

their biggest seller. people put it on their cars at a convention. the democratic party was in charge of and no one really condemned it. my point is we should respect barack obama and george bush and ronald reagan and jimmy carter because it is the presidency of the united states of america. this is part of the reason why i think so many americans right now are just sick and tired of washington because they talk so much trash. yet, they are affecting actual people's lives and that is a bad, bad thing for them to be doing right now. >> let me -- hold on a second. i just want to play something you mentioned that you lied but also something else. let me play it. >> you lie! >> that's not true. >> barack obama promised the most transparent administration ever. barack obama, you lie. >> i demand that this president

leave town. to get up, to put the corrupt -- to put the koran down. >> several people questioned with racist implication whether the president was an american citizen. so let me ask you, in the case of this president, is some of this racial? >> well, look, it is -- we shouldn't come to as a surprise to anyone that's realistic about american history that the election of the first, you know, nonwhite male president of the united states is going to -- going to have some of the old ghosts of our country bubbling up and being -- you know, out in front. i have to -- take some exception here. when -- when you -- there is one thing that you sort of -- tough language and for fund-raising and bumper stickers. it is another to see that carry over in policies when -- when the president is on -- the night before his inauguration, you have republicans sitting around a state house, you know, literally saying we are going to block everything that he does and in order to see -- in order to see him fail. have republicans say you know

what, we are going to take this country over the fiscal cliff in order to see he fails. that's a different sort of thing going on now and, of course, you know -- it is -- is it racial? absolutely some of it is rash zblal you had the white house press secretary when the negotiations were going on refer to the republicans as suicide bombers. and as having bombs strapped to their chest and -- i mean, if you want -- if you want to stop this, the president of the united states of america should show leadership and condemn his own white house press secretary when he calls the other party terrorists and that are trying to blow people up. mine, that's -- that is -- >> that's exactly -- >> what would you call someone that will take the country over a fiscal cliff? to get their way. what would you call that if not extremist? >> i wouldn't call him a suicide bomber in the fact you are still implying it tells us what the real problem is here. >> you wouldn't liken to it a 9/11 bombcher is what terrorists would do. >> i certainly would liken them

to extremists. you know what -- you know what damage going over the fiscal cliff would do. these people are going to take the done troifr the fiscal cliff to get their way. they are extremists. different from putting on a bumper sticker and putting it in congress and doing it. >> we will hit pause there. everyone, let us know your thoughts. still to come, sea world trainer killed by the animal she loved. now a controversial film places blame. plus the most exclusive event of the day. what happened at the royal christening? who was left out? and our shout-out tonight. race interrupted. the man who shot the video you are going to watch here was running a race. in this race you have a lot of obstacles and challenges to overcome. one of those you have to be really tough to handle these. this race took place in south africa which had a whole different set of challenges. as you can see. like a herd of wildebeests. here they come. coming right in your face. the runner was okay.

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we are back with tonight's in london where prince george - was christened at st. james palace. the ceremony was small and were only 23 people there. i asked max foster who made the cut. >> this was a small service and it was a private service. a camera was not allowed inside. 23 guests, close family, and friends. seven god parents were there. which seems like a lot. but these people represent a different parts of kate and william's life and it was clear that they really take their friendships personally and seriously. that's why those people were there. we were allow ad camera outside and caught a glimpse of prince george who is now 3 months old. his father's arms on the way in. his mother's arms on the way out. there will be more pictures released tomorrow. a fashion photographer to the official pictures including an

iconic image of the queen and her three eyres. we haven't seen four generations in a shot for more than 100 years. >> that's an amazing stat. we go to peru where dolphins are being killed to be used as shark bait. that's a horrible story. i asked why fishermen are using dolphins. we want to warn you some people may find the pictures you are about to see disturbing. >> it is a practice that animal protection groups call horrific and in a conservation car crash. it involves harpooning dolphins, hauling them on the ship and cutting them up to be used as shar is this is ill leg in peru and they estimate as many as 10,000 dolphins are being killed in peru in this fashion. shark bait is expensive and by doing this, fishermen avoid having to pay for it. the story became public contra

version groups got on a vessel to shoot the graphic video. erin? >> thank you. i'll check in with sanjay gupta nor if anderson. breaking news ahead, something you'll only see on 360, reaction from robert kennedy jr. on the ruling from a judge kennedy's cousin michael was convicted with the brutal murder of a 15-year-old could be free tomorrow. how the signature legislation of president obama, the affordable care agent has gone so wrong. you heard some explanation last night with health and human service secretary kathleen sebelius and the panel will weigh in tonight. it's all at the top of the hour, erin. >> thanks very much. we're looking forward to that interview with rfk jr. does captivity amount to torture? tomorrow the documentary "black

fish" debuts. it says keeping orcas in captivity makes them deadly. tellakum killed a handler in florida. this wasn't the first incident with this whale. martin sal martin salvage is out front. >> reporter: he started working at a local marine park called sea land of the pacific. >> i would go after school and weekends, you know, growing up and just thought that's how everybody grew up. >> reporter: sea land of pacific used to be here there is nothing left of the old place. it was an oceanarium and there were nets that separated the animals, the sea lions, and killer whales. he eventually became a trainer working with the three killer whales. his favorite a small male named

tillicum. >> he was easy going. he learned quickly. he learned well. >> reporter: among the other trainers, 20-year-old kelsey burn. she just finish add show with the killer whales when she slipped and fell into their enclosure. he arrived minutes later. >> the orcas were surprised one of the trainers seemingly jumped into the pool, although fallen and sort of excited about that. it was something completely out of the norm. >> reporter: witnesses say the whales, including tillicum kept burn from reaching the sides, repeatedly pulling her under the fridge kid water. >> they couldn't get her and finally, she -- she didn't come up anymore. >> reporter: a trained diver volunteered to go and retrieve the body. >> the co-worker just suffered, drowned in someway and in the tank you are about to go in with. >> this wasn't a malicious

attack. >> reporter: the coroner listed it drowning due to or by a consequence of the forced submission by orca. she was the first trainer ever killed. >> oh my goodness. it was awful. it was awful for everybody. people in general just couldn't believe what had happened right here in our own backyard. >> reporter: not long after sea lion shut down and tillicum was sold to orlando but residents would hear about him again. >> authorities identified the 27-year-old man found dead. >> reporter: in 1999 a man's body was found draped naked on his back one morning. how the man got there, sea world couldn't say and in 2010 he pulled a trainer dawn into the water to her death. when he first met tillicum he had no problem with killer

whales and captivity now years later and three deaths, he definitely does. do you blame him? >> i don't blame him, no. this would never happened if he had been left in the north atlantic. >> reporter: martin savidge, cnn. >> the case against captivity, don't miss cnn's film "black fish" airing right here on cnn. still to come, you stay classy san diego, all the way to the bank. [ male announcer] surprise -- you're having triplets. [ babies crying ]

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anchor man 2 is on the way.

the latest trailer is online now and for the next installment. ron and the gang will leave for gnn. yeah, there are a number of camios and even though it won't hit until december 20th, you would think it was this weekend with the promos. ron is in this commercial and a scotch ben and jerries ice cream. why? that brings me to $90 million is the total worldwide backseat office for the anchor man original. that's not a monster hit so why all this buzz? because of what happened after the first film left theaters. "anchor man" is an ultimate colt classic. fans discovered the movie on dvd in a huge way. they didn't track dcd sales

until two years after "anchor man" went on sale but even then it was pulling in half a million bucks every week and ten years later, it's on amazon's top dvd comedy list and for the next two months it will all be about ron burgundy. stay class sigh, san diego. erin, thanks. tonight only on 360 robert f. kennedy jr. will talk about tonight's reaction to tonight's breaking news, the possible release of his cousin skak l. he was sentenced 20 years to life and his murder sentence was set aside today and he could be free perhaps as early as tomorrow a. judge ruling his defense attorney provided ineffective counsel years ago in the 1975