killer whale trainer, but i don't know anything about these animal's natural history or their behavior. i really in some ways believed a lot of what i was learning from them because why would they lie? >> because the whales in their pools die young, they like to say that all orcas die at 25 to 35 years. >> 25 to 35 years. >> they're documenting in the wild living to be about 35, mid 30s. it's longer in this environment because they have all the veterinary care. >> and of course that's false. we knew by 1980 after a half a dozen years after the research they live equivalent to human life spans and every other potentially embarrassing fact is twisted and turned and denied one way or another. >> like the floppy dorsal fins.

>> it happens in less than 1% of wild killer whales. we know this. all of the captive males 100% have collapsed dorsal fins. >> they say they are a family. the whales are in their family. they have their pods but that is an artificial assemblage of their collects however, nature decides to mix them and whatever happens to be born or brought in. that's not a family, you know? come on. >> you've got animals from different cultural subsets brought in some various parks. these are different nations. these aren't two different killer whales. these animals have different genes. they use different languages. >> what could happen as a result of them being thrown in with other whales that they haven't grown up with and are not part of their culture there is

hyperaggression, a lot of violence, a lot of killing, and captivity that you don't ever see in the wild. >> for the health and safety of the animals, please do not put your hands in the water. >> always sort of this backdrop and underpinning of tension between animals. whale on whale was just part of the daily existence. >> we ask that you use the stairs and aisleways as you exit. at least do not step on the seat. these areas may become wet and, therefore, slippery to some footwear. thank you. >> in the wild where there is tension they have thousands of square miles to exit the scene and they can get away. you don't have that in captivity. can you imagine being in a small concrete enclosure for your life when you're used to swimming a hundred miles a day? >> sometimes this aggression

became very severe. in fact, whales have died in captivity because of this aggression. >> i think it was 1988 surfer rammed corky. it fractured her jaw, which cut an artery in her head and then she bled out. that's got to be a hard way to go down. >> i saw that there was just a lot of things that weren't right and there was a lot of misinformation and something was amiss. you know, i sort of compartmentalized that part of it and did what i had to take care of the animals that were there. >> i think all of the trainers there have the same thing in their heart. they are trying to make a difference in the lives of the animals. >> you think that if i leave, who is going to take care of tillicum? that why i stayed. if you want to get down to the nuts and bolts of it, i stayed because i felt sorry for

tillicum. i couldn't bring myself to stop coming and try to take care of him. be. >> gosh do i love coming out here every day and having the audience just love what we are doing with the animals. how do i make this animal as beautiful as they are and i feel like i made a difference to them. >> i left in january of 2010, a month before dawn passed away. she was like a safety guru. i mean, she was always double-checking, making sure everyone was doing the right thing. i remember she would record every show that she did and watch it and critique herself and she was constantly trying to be better.

when i found out it was dawn, i was shocked. that could have been me by i could have been the spotter. what if i was there and i could have saved her? all of these things go through your mind. >> john is the guy who in 1987 was crushed between two whales at seaworld of san diego. now even though i had been working at seaworld for six months, i had no idea that even had happened and never heard that story and the sea line party said that was a trainer's error. >> it was john's fault. john's fault. he was supposed to get off that whale and for years i believed that and i told people that. i actually started seaworld like five days after that event occurred and we weren't told much about it, other than it was

trainer error and, you know, especially when you're new into the program, you don't really question a whole lot. well, years later when you look at the footage, you go, he didn't do anything wrong. that whale just landed on him and that whale went to the wrong spot, it could have been aggression or who knows, but it was not the trainer's fault watching that video. >> i saw the video of the killer whale landing on john. it absolutely took my breath away. i gasped. i could not believe what i was saying. his wet suit basically held him together but i know he's had multiple surgeries and tons of hardware in his body and it's amazing i didn't actually see that video when i was an animal trainer. it seems that every person who works with killer whales should have to watch that video.

>> tamry, you know, tamry made mistakes. the most important one was interacting with whales without a spotter so she's putting her foot on orchid, taking her foot off and on and off. watching the video knowing, you know what is probably going to happen. she grabbed her foot. tamry whips around and she grabs the gate. you see her just ripped from the gate. at this point in time tamry knows that she's in trouble. she is under the water splashing. they have her and out of view and no other trainer nose noes this is happening. people start to scream. the pacific guest that was filming it. you don't see her but you see tamry surface. you hear her just scream out,

"somebody, help me!" . the way she screamed it, she knew she was going to die. robin, when he ran over, he made a brilliant decision. he told the trainer to run and take the chain off the gate. by doing that, it gave thor that was coming in and is more dominant than orchid. her arm was u-shaped. it was compound fractured. she's very lucky to be alive, that's for sure. >> i believe it's 70 plus maybe each more just killer whale trainer accident. maybe 30 of them happened to me

prior to being at seaworld and i knew about none of them. >> i've seen animals come out of trainers. >> something is wrong. >> i've seen people get slammed. >> the whales, they are just playing or they are upset for a seco second. it was just something that happened, you know? >> it's culture. you get back on the horse and you dive back in the water and if you're hurt, well, then we got other people that will replace you and you came a long way. you sure you want that?

>> a seaworld trainer is recovering today after a terrifying ordeal in front of a horrified audience. >> for some reason, the whale just took a different approach to what it was going to do with a very senior, very experienced trainer ken peters and dragged to the bottom of the pool and held him in the bottom. let him go. picked him up. took him down again.

and these periods he was taken down were pretty close to the mark. a minute. a minute 20. when he was at the surface, he didn't panic. he didn't thrash. he didn't scream. maybe he's just built that way, but he stroked the whale and the whale let go of one foot and grabbed the other. that's a pretty deep pool. he took him right down. i think that's to atmospheric pressure. experience mr. peters is an

experienced scuba diver and i think knew what to do. you can see him in the film. you can see him ventilating, you see him ventilating very hard so he knows about swimming and diving and being underwater. he may assume he was going under again. i walked away with impressed by his calm demeaner. i would have been scared shitless. he was near to the end. presumably ken peters had a

relationship with this male. maybe he did and maybe that is what saved him but peters got the whale to let him go and they strung a net across. and ken peters pulled himself over the float line and swam like a demon because the whale was coming right behind him. the whale jumped over and came right after him. he tried to stand up and run but his feet were damaged. he just fell. he scrambled. they take this as a prime example of their training work and they say, well, stand back and stay calm and that did work. they claim this is almost a victory of how they do business.

and maybe so, but it can also be interpreted as a breath away from another fatality.

when the whales get close to the glass and start kicking up the water, whamo, you're a

goner! >> orange county sheriff deputies have identified the 27-year-old man found dead in a killer whale's tank at seaworld. the victim is daniel p. dukes from south carolina. dukes was found yesterday draped over the back of tillicum, the largest orca in captainivity. >> he was a young man who had been arrested not long before he was arrested in seaworld and maybe he climbed the barbed wire fence and stayed after hours. >> a mentally disturbed man hides in the park after hours and wants to have a magical experience with an orca and he drowned. >> he was not detected by the night watch trainers who were

presumably at that station. >> there are cameras all over seaworld and cameras all over the back of shamu stadium pointing every which way. there are cameras all over. i find it hard to believe that nobody knew until the morning that there was a body in there. they have, what, a night watch trainer every night. that person didn't hear any splashing or screaming? i just find that really suspicious. >> one of the employees. i don't know for it was a physical therapist or somebody coming in in the morning and a tillicum with a dead guy on his back and parading him around the back pool. the public relations spin on this was that that he was kind of a drifter and died of hypothermia but the medical examiner reports were more graphic than that. for example, tillicum stripped him and bit off his genitals. there were bite marks all over his body. >> now, whether that was post

death or predeath, i don't know. but all i can comment on is that the guy definitely jumped in the wrong pool. so why keep tillicum there? he is clearly a liability to the institution. why keep him around? it's simple to answer that is his seamen is worth a lot of money. >> over the world tillicums is one of the main breeding whales at seaworld. they can get his sperm and freeze it and he is operating a sperm bank.

you would not breed toward humans. imagine if you had a pit bull that animal would likely have been put down but in the entire seaworld collection it's 54% of the them have tillicuma genes. >> you have to understand why tillicum was a hazard to anybody in the water. and you have to understand that none of the other killerwhales at seaworld on are in that system or in that way. >> i can't speak about laura

park. i know very little about it. probably as much as the general public knows. [ speaking in foreign language ]

>> loro parque is in the canary islands in spain. it's the largest tourist attraction in all of spain. [ speaking in foreign language ] >> and when seaworld sent the orcas to loro parque, everybody was always questioning like, how did they make that leap to send four young orcas off the west coast of africa with trainers who a lot of them had never been around orcas before. nothing was ready. the venue wasn't ready. it wasn't ready for the orcas. it wasn't ready for the show. the owner of the park didn't want to lose revenue by shutting down the pools and repairing them. so for three years, the animals ate the pools and for three

years, the animals had problems with their teeth and with their stomachs. that's why the reason the animals are enduring the endoscope procedures. those are still seaworld's animals, and they are responsible for those animals. loro parque doesn't have a good reputation. people that work in the business know the reputation of other businesses and loro parque didn't have a good reputation. they didn't spend the same amount of time as the seaworld trainers. didn't go through the same regimen the seaworld trainer went through. and alexi really was the best trainer. i did say, you know, you're the only trainer there that could hold its own with a seaworld trainer, you know, but i said you need to be careful.

[ speaking in foreign language ] >> anywhere along the line, it could have been stopped because everyone knew it was a tragedy waiting to happen, but no one every did anything about it. and in the end, it was the best trainer who lost his life. [ speaking in foreign language ]

[ speaking in foreign language ]

those were seaworld's whales. they were trained using

seaworld's techniques, and their training was being supervised at the time of the fatal accident by one of their senior trainers from san diego. ♪ ♪ >> for somebody to get up and say in a court of law they have no knowledge of the linkages between seaworld and this park, well, either she doesn't know and is telling the truth, or it's just a boldfaced lie. surprise --

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as trainers, we never forget shamu's true potential. we see it each and every day. that's why all of our reactions are very carefully thought out, especially our waterwork interaction. whoa! you big dork! especially our water work interactions because they're potentially the most dangerous. >> i've been expecting it since the second person was killed. i've been expecting somebody to be killed by tilikum. i'm surprised it took as long as it did.

>> first tonight, a six-time killer whale has lived up to its name, killing an experienced trainer at seaworld today. >> a tourist said the whale seemed agitated. >> trainers complained the whales weren't cooperating. >> the main show was a disaster that day. >> they were whales chasing each other and eventually the trainers decided that they had to stop the show and they couldn't get the whales under control. >> tilikum was in the back pool set up to do a dine with shamu performance with dawn. >> likely she saw what had gone on during the main show, so she probably felt pressured to do a more good show. when you watch the whole video, you can see that tilikum is actually really with dawn in the beginning of the video. there's a couple of behaviors that she asks him to do where tilikum just jumps right in and

he does exactly what she asks him to do. >> there seemed to be a point in the session where things went south, so to speak, and it was, in my humble opinion, it was at that missed bridge, whistle bridge on the perimeter's pec wave. >> she asked him to do a perimeter pec wave, where she asked him to basically go all the away around the pool and wave his pectoral flipper, and she blows her whistle, which is a bridge, which tells the that, okay, you've done a good job, come back and get food, but he missed that cue. and he went all the way around the pool on this perimeter pec wave. >> we're going to let him keep on waving. >> my interpretation is that he didn't hear the whistle. >> so not only did he not hear the bridge, then he went and did a perfect behavior and came back

and what he got was what we call three-second neutral response, which is just to let the whale know, no, you didn't do the correct thing. you're not going to get rewarded, and then we're going to move on, and you can also see through the video that dawn is running out of food. >> the animals can sense when you're getting to the bottom of your bucket of fish, because they can hear the ice clanging around and the kind of fishy soupy water at the bottom and the handfuls of fish they get delivered by the trainer are all getting smaller. so they know they're coming down to the end of session. >> when you see the difference between the beginning of the video and the end of the video, you can see that he's just not quite on his game anymore. >> there's no food left. she kept asking him for more and more behaviors. he wasn't getting reinforced for the behaviors that he was doing correctly. he probably was frustrated towards the end. then she walked around the perimeter of g-pool. he followed her. and then continued over into the

rocky ledge area where she laid down with him to do a relationship session, which is quiet time basically. tilikum at some point grabbed a hold of her left forearm and started to drag her and eventually did a barrel roll and pulled her in. may have started as play or frustration, and clearly escalated to the very violent behavior that i think was anything but play. in the end, you know, he basically just completely mutilated that poor girl. >> they were gathering all of the trainers at the texas park. he said there's been an accident. at the florida park and a trainer was killed. hearing that it was dawn, i couldn't believe it. i just remember saying to myself, not dawn. it can't be dawn.

he said that, and he still has her. and i just was so disturbed by that, and the reality of how powerless we are. >> laceration, fractures, abrasion. fractures and associated hemorrhages, blunt force traumas to the main body, to the extremities. to see this meated out against a trainer and i cannot fathom the reason, is shocking. the lawyer for osha asked me what i thought we had learned, and i'm sitting in the courtroom, and i've got the kelty burn case file in one hand and i've got dawn brancheau in the other and they're almost to the day 20 years apart and i'm looking at these two things and my only answer is nothing. in fact, there's not a damn thing. we have not learned a damn thing for something like that to happen 20 years apart.

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could you tell if it was an accident? >> did this female trainer work with this whale on a regular basis? >> i don't know. we had a female trainer back in the holding area. she slipped and fell under the tank and was fatally injured by a whale.

>> at first, seaworld reported that a trainer slipped and fell in the water and was drowned. that was the first report. >> it wasn't until eyewitness accounts disputed that they went in the huddle and said we have to come up with a new plan. >> seaworld confirmed the killer whale pulled the woman into the water. she didn't fall into the tank as the sheriff's department initially reported. >> the new plan was he grabbed her ponytail. this is a subtle way of blaming it on dawn. she shouldn't have had that ponytail, and it should have been up in a bun. >> dawn, if she was standing here now would tell me that was her mistake in allowing that to happen. >> they blamed her. how dare you? how disrespectful for you to blame her when she's not even alive to defend herself. >> he grabbed her ponytail and pulled her into the water. that's as simple as it gets. >> there are photographs of plenty of other trainers doing exactly the same thing that she was doing. so i knew that seaworld was lying act the fact that this was her fault.

>> the ponytail, in all likelihood, is just a tale. the safety spotter who apparently didn't actually see the takedown came up with that. >> now during the spotter's testimony, osha pushed him to say that he wasn't really sure it was her ponytail that was in the whale's mouth, that he just saw her underwater and he assumed it was the ponytail. osha contends that the whale came up and grabbed on brancheau's arm, saying that that was another level of aggressiveness. seaworld is saying it was not an aggressive move. >> one of seaworld's top curator's said when dawn brancheau was pulled off the ledge, it wasn't necessarily aggressive by the whale. >> the initial grab was not an act of aggression. this is not a crazed animal. >> the industry has a vested interest in spinning these so that the animals continue to appear like cuddly teddy bears that are completely safe. it sells a lot of shamu dolls. it sells a lot of tickets at the

gates. that's the story line that they're going to continue to stick with for as long as they can. >> recognize that those that say this is a crazed animal that acted out and grabbed dawn maliciously, they want to prove the theory that captivity whales makes them crazy. >> all whales in captivity have a bad life. they're all psychologically traumatized. so they're ticking time bombs. it's not just tilikum. >> we have to separate what happened to dawn, and as tragic as it is, no one wants to ever see it ever happen again. can seaworld create an

environment where it never happens again? yes, i absolutely believe they can. what if there were no seaworlds? i can't imagine a society with the value we put in marine mammals if those parks didn't exist. >> i'm not at all interested in having my daughter, who is 3 1/2, grow up thinking it's normalized to have these intelligent highly evolved animals in concrete pools. i don't want her to think that's how we treat the kin that we find ourselves around on this planet. i think it's atrocious. >> this hearing is expected to last all week with osha continuing to work towards this theory, that seaworld knew there was a calculated risk of injury or death, but put trainers in the water with the whales anyway. why seaworld will say that dawn brancheau's death was an isolated incident. reporting live in seminole county, dave mcdaniel, west 2 news.

try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis. >> there's something wrong with tilikum, that there's something wrong, and that's when you have a relationship with an animal, and you understand that he's killing, not to be a savage. he's not killing because he's just crazy. he's not killing because he doesn't know what he's doing. he's killing because he's frustrated, and he's got aggravations, and he doesn't know how to -- he has no outlet for it. >> now tilikum is spending a great deal of time by himself

and basically floating lifeless in a pool. >> three hours now. and he hasn't moved. >> they try to sugar coat it by saying he comes out in the front pool every once in a while. now he's doing shows. you know what he does in his show? he does a few bows. and then he goes back into his little jail cell. that's his life. >> i feel sad for tilikum. a regal thing like him swimming around a tank with his fin flopped over like that, you know, compared to a wild bull killer whale that size, which is one of the most kinetic and dynamic things you can imagine. i feel sad when i see him. >> it's time to stop the shows. it's time to stop forcing the animals to perform in basically

a circus environment and they should release the animals that are young enough and healthy enough to be released. and the whales like tilikum that are old and sick that have put in 20 years in this environment, should be relieved to an ocean pen so they can live out their lives and experience the national rhythms of the ocean. >> this is a multibillion dollar corporation that makes its money through the exploitation of orcas. >> they're not suitable to have in captivity. >> the whales are really bored. you deprive them of all the environmental stimulation. >> i think that in 50 years, we'll look back and go, my god, what a barbaric time. ♪

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♪

♪ we saw whales swimming in straight lines with straight dorsal fins. i was so honored to be there. and i was so thankful that i had sunglasses on because the tears were kind of coming out, and it was moving. ♪ ♪

♪ ♪

america's top allies demanding answers, demanding change, and seemingly nangdemanding a meetis well after reports that the u.s. have been spying on them. how the nsa is defending itself. blood is not something i like to see, not my mother's blood. >> on daughter explains how she knows her father is behind her

mother's mysterious death. >> mistakes by boston red sox that brought cardinals back into the series. >> it is friday. i'm john berman. it is october 25th, 5:00 a.m. in the east. up first. they raised their hands and poise their fingers mostly at the obama administration. contracts who helped built the website testified first on the problem-plagued site. lawmakers have to wait until next week to grill the president's point person kathleen sebelius who is not backing down from the fight. here is joe johns. >> reporter: the face of the controversy health and human services secretary kathleen sebelius was die fiant thursday as 32 lawmakers signed a letter asking her to step down. >> the majority of people asking

me to resign are not people i don't work for and who don't want this program to work in the first place. >> reporter: and then on capitol hill a firing squad. >> i will not yield to this monkey court. >> this is not a monkey court. >> reporter: government contractors involved in the rollout of the obama care website pointed fingers at each other and the obama administration for a last minute demand to require consumers to register before browsing for insurance. >> for cgi, they asked us to turn that flag off or functionality before two weeks. >> reporter: the administration isn't conceding this last-minute decision caused all of the problems but contractors said the scramble left the site undertested before its rollout. lawmakers said americans got a raw deal. >> 500 million dollars later, we find the american public have been dumped with the ultimate cash for clunkers. >> reporter: meanwhile, a the

contractors rush to fix the site even some democrats are questioning the requirement for everyone to buy health insurance. >> she and several others want the deadline to have insurance extended past the end of next march. joe johns, cnn, washington. >> some big diplomatic news this morning. tensions rising with new reports of u.s. spying on its european allies. "the new york times" reports that france and germany are proposing talks, serious talks to rein in u.s. spying and to mutually accepted rules for us observation. this as guardian is reporting that the nsa monitored phone conversations of 35 unnamed world leaders. meanwhile, the white house this morning, putting out an op-ed in "usa today" seemingly responding to this swirl information around

the world. homeland security adviser acknowledges that leaks of classified information have, quote, created significant challenges in relationships with some of our closest foreign allies. these are serious tensions with our closest friends overseas and have to be addressed in the coming days. meeting with other european leaders in brussels. merkel says the relationship with the u.s. have been shaken by the nsa spying allegations. they collected phone records in france. german leaders said the trust in the obama administration has been shattered and need to be rebuilt. >> happy talk is what senate majority leader harry reid says about the house senate budget talks coming to a grand bargain, put those in quotation marks, including overhauling entitlement programs. during a radio interview thursday, reid said he hopes that the u.s. can do stuff to get rid of sequestration and do

sensible budgets. paul ryan agrees telling reuters on thursday the talks should focus on something smaller and no one is really talking about a grand bargain any more. the phrase of paul reyan likes o use is achievable goals. president obama renewing his call for comprehensive immigration reform and pushing the house to pass a bill passed by the senate, one he says would achieve a major priority for his second term. >> would make sure that everybody plays by the same rules, by providing a pathway to earned citizenship for here are here illegally. paying taxes and background check and paying a penalty, getting in line behind everyone who is trying to come here the right way. >> the president says the bill would also approve border security. >> a new report this morning says iran could build a nuclear

bomb within a month. "usa today" citing a report by the institute for science and international security says iran is capable of producing enough weapons grade uranium to make this possible. this as the white house is trying to persuade congress not to stiffen sanctions against iran. the obama administration has said iran is probably about a year away from having enough enriched uranium to make a bomb. hunt on for two americans kidnapped by pirates off nigeria's coast. believed to be the captain and chief engineer vessel targeted there. u.s. officials are working on the assumption the pair had been abducted for ran com. no word yet on the other crew members of their ship. let's get a check of the weather morning. indra petersons is here with us for that. happy friday morning, indra. >> happy friday. i wanted to show you the whole country. it's easy to see where the cold is now that has settled in today and spreading farther south into the southeast. current temperatures now, kansas

city 33. chicago freezing mark. new york is a little bit better and moderate at 40 degrees. temperatures in the afternoon are still expected to be good 10, 15 degrees below normal in many place. new york today looking for 55 degrees. philly also 57. but keep in mind it's not just that temperature. we have gusty conditions out there so we could see some winds pick up and with that it might feel a little bit cooler out there than what you're expecting so especially even right now by the time everyone is commuting to work this morning, it's only going feel like the 30s and new york feel like 37 degrees. this morning at 9:00. portland 32 and d.c. only feel like 36 this morning as people are making their way to work. very easy tos the chill from canada and expected to stay all weekend. a couple of waves going through of cold air if it's too cold, keep in mind it's staying that way. >> if it's too cold, get used to it is what you're saying? >> exactly. i'm getting a jacket. >> our l.a. girl is buying a coat. the world series is all tied

up now at one game apiece. the cardinals beating the red sox 4-2 in game two of the series. how did they do it? jer well, mistakes by the red sox. the seventh inning there, plays by the red sox, sloppy plays that led the cardinals eke their way back into the series. this despite a two-run home run by big papi, david ortiz knocking one over the monster. it's a beautiful sight but not enough for the red sox. the series now shifts to st. louis. game three is tomorrow night. >> you don't like these mistakes? >> my message is never give up. the cardinals lost game one because they made mistakes. the red sox lost night -- a mistake there. craig breslow backing up the catcher threw it back into left field. you don't want to do that. two very good teams and make any mistake, the other team will capitalize. >> another sleepless night for you. >> another sleepless night 37. coming up for us next. >> making jokes about being

single and just laughing made me sick. >> a doctor accused of murdering his wife with a deadly drug overdose. the prosecution star witness, you're looking at her. the man's own daughter. plus. >> when things like this come out of the tough times, it makes it easier to get through them because you see the light at the end of the tunnel. >> wow. middle school boy overcoming surgery, disabilities, and hardships to inspire a stadium full of fans. plus, it is time for your morning rhyme. tweet us with your own original verse and really it can be about anything. be a little weird this morning on my morning. #earlystart or #morningrhyme and we will read the best ones on the air in our next half hour. so if you have a flat tire, dead battery, need a tow or lock your keys in the car, geico's emergency roadside assistance is there 24/7. oh dear, i got a flat tire. hmmm. uh... yeah,

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neutrogena®. to visibly reduce fine lines and wrinkles in just one week. i missed a payment. aw, shoot. shoot! this is bad. no! we're good! this is your first time missing a payment. and you've got the it card, so we won't hike up your apr for paying late. that's great! it is great! thank you. at discover, we treat you like you'd treat you. get the it card with late payment forgiveness. avo: sales event is "sback.hen drive" which means it's never been easier to get a new passat, awarded j.d. power's most appealing midsize car, two years in a row. and right now you can drive one home for practically just your signature. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. for details, visit vwdealer.com today. welcome back. a utah doctor on trial for drugging and drowning his wife comes face-to-face with his own

daughter in court. as cnn's jean casarez tells us the daughter is a star witness for the prosecution. >> blood is not something i like to see. no. no. not my mother's blood! >> reporter: and emotional rachel macneill toot stand in her father's murder trial giving very damaging testimony. >> do you recognize this man sitting right here? yes. >> who is he? >> he's my father. my father, my best friend. >> reporter: in front of a hushed and packed courtroom she recounted the fateful call she received from her father the day her mother died. >> it was my father's voice. he said, rachel, quick, get to the hospital! it's your mother! quick! i said, what is happening? is everything okay? and he just said, rachel, come

home. >> reporter: prosecutors say all of the drama was a ruse. macneil dl had planned his wife's murder all long. he was having an affair with gyp gypsy, a nanny, who moved into the home shortly after the death of michelmichele. >> she wasn't doing anything a nanny would doo. >> reporter: they say macneill was looking forward to going forward with his affair. rachel testified he was adamant there be an autopsy. >> he is specifically said to me that he was concerned that there be a police investigation, that he didn't want to -- anyone to think that he murdered my mother. i said, why? why would anybody think that. >> reporter: avoiding any eye contact with her father, she often struggled to hold back

tears. she described how her father said he found michele in the bathtub and how she found her mother's clothes later that day. >> it was a bloody mess. all of these things were just thrown in the garage. >> reporter: on the day of her mother's funeral, she said her dad wasn't mourning his wife's death. in fact, he seemed to be relieved. >> he was making jokes about being single and just laughing and it made me sick. i left. >> reporter: jean casarez, cnn, provo, utah. new leads in the disappearance of madeleine mccann prompting portugal to reopen the case more than six years after the little girl disappeared on a family vacation. the police had enough to warrant to open up the investigation but did not give details.

scotland yard received more than 2,000 calls. >> wow. kennedy cousin michael skakel staying in jail for now. a judge ordered a new trial after agreeing his lawyer inadequately failed to defend him but the judge is not sure he has the authority to release a convicted murderer so the defense will present arguments next week. skakel was convicted of the 1975 murder of his neighbor martha moxley. the fda wants tighter controls on how doctors prescribe painkillers and dispensing medications that contain hydrocodone. changes could could come as early as next year, would reduce the number of refills allowed and doctors would not be able to call in prescriptions to pharmacies. prescription drugs are said to account now for three-quarters of all drug overdoses in the u.s. >> wow. items connected to president

kennedy, including the wedding ring of his assassin sold at an auction on thursday. lee harvey oswald's band is there. his widow who was born in russia had not seen the ring in five decades but it turned up in a texas attorney's files and one of 300 items sold before the 50th anniversary of john f. kennedy's death. take a look at one of the most touching touchdown you will ever see. iler buck of texas was born with club feet and a brain malfunction has left him unable to speak. he has severely surgeries to make walking possible. his dream was to score for his moodle school football team over their big rival. this week, both teams got together and they made that dream come true. >> i told him, hey, you got to go. you know? don't go down. you get all the way to the end

zone. >> when things like this come out of the tough times, it makes it easier to get through them because you see the light at the end of the tunnel. >> 40-yard touchdown. spike the ball. he was so excited he forgot to do his happy dance in the end zone. >> his teammates wouldn't let him go down. his teammates carried him over the line there. a great lesson for everyone. twitter is going public and now we know just how much you will have to pay for this. the big question, is it worth it? i know someone with the answers! "money time" is next. as a working mom of two young boys life could be hectic. angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job,

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spread it across the country. there we go. christine romans is spreading herself very well with her dancing. welcome back to "early start." it is "money time." >> zoraida dah sd it much better than i do. she really does. this morning, is tech stocks the new. that is the theme this morning in "money time." we know how much it will cost you to buy a share of twitter if you can get your hands on one. s.e.c. filing twitter set a preliminary price range $17 to $20 per share for its initial offering and ipo expected to happen in a few weeks and raised

the size of its offering to $1.4 million. it values twitter at about $11 billion and impressive until you consider that twitter is still losing money and probably will continue to lose money in the foreseeable fut. wall street doesn't seem to mind that for now as long as twitter ramps up sales which it has been doing. old school technology now. motivate microsoft. the news sent microsoft stock up 5% in after hours trading. the other tech titan released amazon a season that some retail experts have warned could be far from cheerful. >> but also not profitable. >> investors are happy with its sales growth. the stock grew more than 8% after the sale of trading.

the sales growth is the number we are watching there. i called you by carl icahn's open letter to apple ceo relieved later in the day. besides pushing for a massive 150 billion dollar stock buy-back, he noted no one deep on the board with deep investment experience. he did make clear he advised to tap into his wealth of experience in boosting value. >> it was classic icahn. could you say it's iconic? >> that is very good. >> you can use that on your show tomorrow. the rally in tech shares opening the overall markets yesterday. the major averages finishes with gains and s&p three points away from a record. a look at where we are for the year. dow up 18% and nasdaq up 30%.

for five years i've had nothing but bad news to show you about money and watching the stock rally market here. >> do you think it makes up for it? >> no. they don't care about the numbers i just showed you but for those of you who have invested, wow, a great year. >> an important note. coming up, fury over spying. america's top allies demanding change this morning. they want to talk now after reports that the u.s. has been spying on them. we are live with really what is turning into something of a diplomatic disaster for the u.s. and how the nsa is now defending itself. that is coming up next.

the obama administration under fire for spying. america's top allies demanding answers, demanding change and nanged to talk now, as new reports reveal the nsa is spying on dozens of countries. how the agency is defending itself new this morning. >> he shot me in my stomach. >> he didn't say anything. please don't shoot me, please don't shoot me. >> a wounded school shooting survivor shares a terrifying moment. the boy he thought was his friend, pulls out a gun. welcome back. i'm john berman. >> i'm christine romans. welcome to this friday. outrage growing among america's key european allies over reports of widespread spying by the national security agency.

germans chancellor angela merkel says trust in the obama administration has been shattered as a result. both germany and france reportedly this morning want face-to-face talks with washington. atika shubert is live in london. this seems to be coming to a head with key leaders of these countries really upset. >> yeah. there is no concealing the anger of angela merkel here. she had a private conversation with president obama where she demanded to know if her phone was being tapped and then at the eu summit saying there had been a betrayal of trust and needs to be rebuilt and says she expects to see significant changes made soon and, in particular, germany and france have now demanded to have talks with the u.s. to make sure this spying is curbed and they are saying they have to have these talks by the end of the year.

let's face it, every country has its own intelligence gathering but the scale and the coscope o audacity of tapping another leader's phone. it's embarrassing especially for german intelligence to find out angela merkel's phone may have been monitored. >> and getting caught is one of the big issues here. you say germany and france demanding a meeting before the end of the year before "the new york times." any sign this could get in the way of key cooperation between the u.s. and its european allies? on trade big discussions going on and security partnerships at stake here. any sense those could be in any kind of jeopardy? >> i think the security partnerships are very solid but there has been some discussion about whether or not this could possibly even detrail an eu/u.s. trade back and unlikely but certainly delay it and also a data privacy protection act that is currently working its way through european parliament and that has gathered a lot more

momentum as a result of this. that could have an impact on companies like facebook and could see the eu passing laws that say, facebook, twitter, other companies you won't be able to gather the kind of data you had on customers before in europe. >> it really does seem like this is going to leave a mark. atikati shubert in london, than you. we are hearing from a student wounded this week in sparks nevada. the shooter has been identified as a 12-year-old. jose reyes. he took his own life. stephanie elam spoke exclusively with a classmate who said he tried to help the teacher before had he, himself, was also shot. >> reporter: did you come face-to-face with him? did he say anything to you? he just shot you? how far away from you was he? >> about 10, 20 feet. >> reporter: and did you realize right away that you had been shot? did you know? you knew it? >> yeah.

a sharp pain in my stomach. >> reporter: was mr. landsberry one of your teachers? >> no. he was just a really good friend of mine that -- because i used to go visit him every time at lunch and before school. >> reporter: why did you like him so much? >> because he was funny and friendly and fun to hang around. >> reporter: when you came to him, was everyone else running when you tried to go to him when he was on the ground? >> the first shot was my friend and then mr. landsberry got shot. and then i was looking around my school and why is everybody running? and nothing. and then i go, wow, i saw mr. landsberry got shot. he was laying on the ground and i ran over and a couple of of friends like we need to get him into the school and so we tried. one of my friends said that get

in the building, get in the school fast, and then that's when i ran and i got shot. >> reporter: did you know the boy who was doing the shooting? what kind of person was he? >> he was nice. but i think he had some mental issues in his head. >> reporter: why did you think that? >> because he argues with people a lot. i see him being argumentative with teachers and students and that is why i think he is a little mental up in the head.

so you knowknow. >> reporter: did he have friends? did you see him with friends? >> i had seen him with friends but i don't think he was being bullied at all. >> reporter: oh, really? >> because if he was being bullied, then i saw it, i would have stuck up for him. i was one of his friends. >> reporter: so when you saw it was him with a gun shooting, what were you thinking? >> before i got shot, i was like, please don't shoot me, please don't shoot me. i looked at him and he shot me in my stomach. >> reporter: he didn't say anything? >> he didn't say anything like please don't shoot me, please don't shoot me and he raised it and, boom, he shot me. >> reporter: here is someone you say was a friend and someone you say you would have stuck up if you saw him bullied but this is the same boy who shot you. what did you think of that? >> after he shot me, i thought that he wasn't my boyfriend.

>> reporter: what do you want people to learn from what you've been through? >> i want people to learn from what i've been through is to -- if you ever shot a gun and you accidentally killed somebody, you would have made a very big mistake from that and i used to treat guns not poorly, but a little poorly, because i thought they were a toy, but when i got shot, i learned that they are not just a toy, they are a weapon, and it could damage somebody very bad, so i want everybody in the world to know that in war and battles and anything doing with weapons and guns and knives, they are all weapons and they could kill you very easily if you hit the right

spot. i'm lucky to be alive and the bullet didn't go through me. if it did, i would have been dead. but it just went around me, so i'm very lucky to be alive. >> just heart breaking to listen to that kid what he has already been through. >> no kid should ever see anything like that. >> i know. his good friend, the teacher, just watching that unfold. that with our stephanie elam doing that incredible reporting and exclusive chat with that young man. now the latest chilly details in the death of colleen ritzer, the beloved math teacher teacher in danvers in massachusetts. had heth he say philip chism followed her into the bathroom and beat her and stabbed her with a box cutter and her body reportedly dumped into a recycling bin and rolled out to the woods and dumped there. chism is held without bail. a northern california community grieving the loss of a

boy shot and killed by plis earli -- police earlier this week. the police spotted andy lopez carrying what appeared to be a rifle. officers say they ordered the young man to drop the weapon and when he turned toward him, instead they shot him seven times. it turns out that lopez was carrying a toy pellet gun. a national guard rerecruiterer in custody after shooting outside of a army base in tennessee. they say patton wounded two of his national guard commanders shooting one in the foot and the other in the leg and incident came as a shock to people who know this man. >> he's a great guy. he's always, you know, look out for my house. he has got great kids, great family, great values. he's a great dude. >> you never think that something like this is going to happen on your watch or in good old tennessee here. and, unfortunately, it did happen. >> the navy base was on lock down about 90 minutes following

the shooting. three e-mails may hold the key to a motive in a navy yard rampage. they say alexis sent the e-mails to an online mind control outreach group two weeks before the shooting. in that he reportedly accuses the navy of trying to control his brain with extremely low frequency waves. the navy reservist turned civilian contractor killed 12 people last month before he was killed in a police shoot-out. hard to forget these images. that is john pike, the former uc davis police lieutenant who casual pepper sprayed campus workers on a sit-in. he has been awarded money for the suffering had he after that. >> i saw a lot of angry tweets about this. >> yeah. >> controversial to say the least. time now for a check of the weather. also controversial this morning because it's cold! indra petersons is here. >> like some people say it's not

cold, right? is that controversial? i think we know where i stand on this one. definitely seeing a lot of 30s and a lot of people at the freezing mark and chicago at the freezing mark at 32. d.c. about 39 and memphis at 42. we have some gusty winds out there to a lot of times it won't feel cooler than it actually is. the other big story cold air now is digging farther to the south so the southeast, you're going to be feeling the chill as well today. look at the current temperatures ease to see frost and freeze warnings. talking from the plains to the northeast down each to the southeast. talking about the freeze threat out there. that is how we know the chill is there. very easy to see the line of the cold air now making its way farther south. nashville 31 and birmingham about 41 and atlanta about 43. we thought it was just us for a while but the cold air is affecting more people today in

the southeast. >> spreading the love. >> of course. >> good for the retailers, i think. >> you know a good way to get warm? bourbon. >> bourbon? >> brings me to the next story. police in kentucky have an all-points bulletin out for a bourbon thief. they have a surveillance video they hope will help them identify a person of interest. nearly 200 bottles of happy dan wi winkle were stolen from a distillery last week. that will make the rare stock even more in demand. >> five years ago you could find a bottle on the shelves. three year, it was tough. now forget about it. people want what they can't have and the van winkle's have come into a situation their supply is maintained but the demand keeps going up and up and up. >> people i who never knew the first clue about bourbon, ask

where can i get pappy? >> if you find it, send it here. police suspect the theft may have been an inside job. >> wow. all right. >> intriguing. >> the graeg bueat bourbon cape coming up. >> i didn't buy the beer or anything like that. >> maryland's attorney general caught on camera at a wild teenage party. did i say he's the attorney general? >> he is. >> it's illegal, right? >> why didn't he stop it and what does he have to say about it next? [ male announcer ] need help keeping your digestive balance in sync? try align. it's the number one ge recommended probiotic that helps maintain digestive balance. ♪

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call 1-888-xarelto or visit goxarelto.com. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? all right. he's been a crusader against under age drinking but maryland attorney general is now under fire because of a photograph. that is him showing him at a beach party where minors were drinking. these were -- his own son just graduated from high school and this was a beach party in june. he is running for governor says he was there to talk to his son

and graduating and celebrating beach week at this beach rental he was staying. he didn't witness any illegal behavior. look at that picture. he now admits he made a mistake by failing to investigate what was actually in those red plastic cups. just a note to parents. my kids are still really young but it's usually beer in the red plastic cups. sometimes it's rum. >> he said he no moral authority to step in and do anything as he was the parent of the other kids and it wasn't his job to do it. this is very controversial. a lot of people talking about this. >> he is running for governor. >> this is not the last time you hear about that. time for our morning rhyme. these are the tweets of the day. some of the best ones. the first one on news, folks, from julie. once he won the nobel prize and now eu laments his spying eyes. like we said on the news talking about president obama and these allegations of spying on world leaders.

>> there is this from utah injury lawyers. it may be early here out west, but john-- >> it says josh. it says josh. >> josh and christine make this friday the best. >> i picked this one. i wanted to say we appreciate you watching but, hello, i'm john berman. been here every day a little bit over a year. it's john, not josh but no grudge here. i appreciate you watching. thanks for paying such close attention. you can come up with your very own morning rhyme. tweet us. >> i'm not even a regular! they got my name right! i love it! >> what are you going to do? >> take a look what is coming up on "new day." john cuomo and kelly with us this morning. >> thanks, steve. steve, you have to blame auto correct. you can't give them too much grief. josh and john, very similar. >> josh a very unusual name. >> they know who you are. you have a very unique voice and

delivery style. >> the deep baritonbaritone. >> and you're not zoraida because you're not good looking enough to be here. >> i knew it was coming. >> happy friday, my brother and sister over there. lots of news to talk about today. let's start what is paining us this morning. classes getting under way again at danvers high school, in massachusetts. new details of how math teacher colleen ritzer was killed and we are going to hear from a student who is one of the last people to see ritzer and her alleged killer together and we are also going to discuss what is going to be done and treat the suspected killer. he is tried as an adult right now. could change, may not. he is 14. when is that right and when isn't it? we will take you through it. we have been watching developments. two americans kidnapped by pirates off the nigerian coast.

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game on, folks. the world series is tied at a game apiece after the cardinals rally to win game two. andy scholes is here to break it down in "the bleacher report." >> the cardinals made all of the mistakes in game one and last night in game two the red sox with costly blunder. young stud for the cardinals mike wacha on the hill last night. he is undefeated this postseason and good again last night. his only mistake in the sixth inning to big papi. he crushed this one over the green monster. a two-run home run and put boston up 2-1 but in the seventh inning, red sox committed two costly errors on the same play. the cards would score two runs and they would take the lead and go on to win the game 4-2.

the series now shifts to st. louis for game three tomorrow night. trending on bleacher report today is the awful, awful season the bucs are having. fire schiano billboards have shown up around tampa. fans with bags over their heads at the game. guess what? last night the bucs lost the game. they are a league worse 0 than 7 this season. brett favre says he is not coming out of retirement to play in the nfl again and concussion-related symptoms are one of the reasons why. espn radio interview yesterday, favre says while he has a good memory, he doesn't remember his daughter playing soccer one summer at all. he just doesn't remember it. he said that is pretty scary for him. favre added he has thought about going to see a doctor about all of it but doesn't know what can be done at this point. lebron james began his quest for a third straight title on tuesday when the nba season kicks off. one of the world's most famous

athletes went to china and he invited rachel nichols along for trip. >> if i told lebron james you decided to go to ohio and not kansas? what would you have thought? >> he told to go to akron, ohio. the people love me and passion about seeing me is very surreal. >> you can see the rest of that interview on the debut of "unguarded" with rachel nichols. >> she is such a good interviewer and i'm real excited about that. >> big show and don't miss it tonight. great to have you up here in person, andy scholes. we appreciate it. >> we will be right back. you . beat down. crushed. but sudafed gives you maximum strength sinus pressure and pain relief. so you feel free. powerful sinus relief. sudafed. open up.

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welcome back. the top of the hour. if you're trying to race out here this morning. i want to check out lady gaga's latest fashion statement. we don't know what this is. this is more like a fashion question. the question is why is she wearing a giant chicken nugget on her head? or is that a slice of cheese. i don't know. she wore the big feathery mask in berlin while promoting her new album that makes her stick poup the new album is scheduled to be relieved november 11th. i don't know what that is. tweet me what you think it is. that is it for "early start." time for n"new day." >> it looks like a potato chip. >> looks like free advertising for me. i just said it and she got more publicity. >> there you go. top of the hour. time for top news.

we have made clear that the united states gathers foreign intelligence of the type gathered by all nations. >> breaking overnight. major fallout from the united states reportedly spying on european leaders. germany and france calling for a meeting with the u.s. to change their intelligence gathering. new details in the mystery of the murdered massachusetts teacher. we talk to one of the last people to see her and the alleged killer together. were there any signs of what was to come? the price of playing. legendary quarterback brett favre admitting the hard hits may have damaged his brain. he says at the age of 44, he is suffering from memory loss. your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to "new day." happy friday, october 25, 6:00 in the east.

coming up this morning, you smell that? it's the smell of a capitol hill grilling for the contractors involved in the obama care website. there was a lot of finger pointing, fair share grand standing. we'll show you what happened and tell you about calls to delay the law. republican senator, marco rubio one of those making the call, joining us live, exclusively this morning. >> a lot to hear from him ahead. plus, truly high drama in a utah courtroom. we've been following the case of the doctor accused of murdering his wife. his daughter has spoken out against him in court. her emotional and raw testimony coming up. could it put him away? >> we begin with an international game changer, germany and france, demanding a no-spy agreement with the u.s. a white house official offering the administration's take in a "usa today" op-ed, saying president obama is calling for a review of surveillance practices after reports world leaders, our allies, personally