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 spied on.

joe johns is in washington following developments. good morning, joe. the no-spy rule. whoever thought we'd hear about this? >> reporter: fascinating, chris. this is fallout from the latest revelations from admitted national security agency leaker edward snowden. the outrage is predictable, even though we know various countries spy on each other pretty regularly. german president angela merkel and the french president are calling for closer cooperation among the intelligence gathering services. there are reports now that the u.s. is alerting some foreign intelligence agencies that snowden has documents about their cooperation with the united states. we haven't been able to confirm that independently with cnn. it is important to say that over the last few days, the u.s. director of national intelligence, james clapper, may have seen some of this coming, issuing a statement saying that french reports that the u.s. intercepted 70 million pieces of communications data from france

are false, calling it inaccurate and misleading information. clapper said, quote, while we're not going to discuss the details of our activities, we've repeatedly made it clear the united states gathers intelligence of the type gathered by all nations. the u.s. collects intelligence to protect the nation, its interests and allies from, among other things, threats such as terrorism, the proliferation of weapons of mass destruction. so there's a lot here, chris, and i imagine we'll be working on this for a few days. >> all right, joe, this is intriguing to say the least, when that which is always kept hidden is now out in the open. what's going to happen? we'll have to follow it. thank you for the reporting this morning. two u.s. citizens kidnapped by pirates off the coast of nigeria. the captain and chief engineer on a u.s. owned oil supply ship are the latest victims of violence in west africa's pirate infested waters. cnn's barbara starr is live at the pentagon this morning.

you've been following all the developments, barbara. what's the latest that we know? >> reporter: good morning, kate. still no public word on the fate or location of the two americans captured, not even yet, a public announcement of their names. the two american mariners, the captain and chief engineer were kidnapped off this ship named "the sea retriever," attacked while traveling off the coast of nigeria, resupplying oil installations. u.s. officials say here in the gulf of guinea, it was another act of piracy on the high seas. >> we are seeking additional information about the incident so we may contribute to safely resolving this situation. obviously our concern at this point is for the safe return of the two u.s. citizens. >> reporter: the sea retriever is owned by the louisiana-based company edison offshore. 62 last year, an increase from

each of the two years before. >> they're out for anything they can get their hands on, cargo theft is a large part, be it machinery, supplies, be it the actual fuel, be it prisoners that they take ashore and hold at ransom, kidnapping essentially. they're looking for money. >> reporter: the rise in violence off western africa is in marked contrast to the decline in attacks off somalia on the east coast. where the world's attention was riveted in 2009 when navy s.e.a.l.s rescued captain richard phillips after he was held by pirates. now, a hollywood thriller, starring tom hanks. since the s.e.a.l.s sniper team killed phillips' captors, maritime security has significantly improved off somalia but off the coast of nigeria, a different story. even now, european warships are off the coast, part of an exercise to improve security in this very unsettled oil-rich

area. and the nigerian navy has issued a statement saying it will stage a rescue attempt but u.s. officials are telling us right now they just are not sure where the men are, where they are being held. kate, chris? >> first and foremost have to find them and then we can figure out how it happened and how to make sure it doesn't happen again in the future. barbara, thank you. let's go to john berman, in for michaela with the headlines. the contractors who built the obama care website testified that the government waited until very close to the launch date to test the system. and they went ahead with enrollments on october 1st despite concerns that there would be problems. a spokeswoman for the medicare agency is now admitting the site was not tested enough. five people injured, two seriously on a carnival ride at the north carolina state fair. this accident happening as people were getting off the vortex, which is a pendulum thrill swing ride when suddenly the ride started up again.

the injured range in age from 14 to 39 and include the ride's operator. state inspectors are now investigating. a wounded survivor of the school shooting in nevada is speaking out this morning. 12-year-old mason spoke exclusively to cnn's stephanie elam, describing the terrifying moments before he was shot in the stomach by his friend, jose reyes. >> i'm like please don't shoot me, please don't shoot me. i looked at him. i saw it, he braced me and shot me in my stomach. >> he didn't say anything to you? >> he didn't say anything. >> i'm like please don't shoot me, please don't shoot me, he raised it, boom, shot me. >> another classmate was wounded and a beloved math teacher was killed before the sheeter turn the gun on himself. update now, a bulgarian couple suspected of being here biological parents have been

questioned by police and have now provided dna samples. the woman has said to have admitted giving up the baby in greece. she denied reports that she received payment four years ago. and who ripped off the van winkles? see what i did there? authorities in kentucky might have a new clue as they try to track down some super expensive and very rare bourbon. they're hoping that this surveillance video will help them identify a person interest. nearly 200 bottles of this stuff, 200 bottles of pappy van winkle was stolen from a distillery. there are some people who think the this might have been an inside job. this will drive the price of pappy van winkle up even more. >> notice who is missing today. >> michaela? . wow. >> just saying. >> pointing fingers there. >> really. >> don't look in my cup. >> don't protest too much.

>> just don't look in my cup today. >> you know who else who hasn't been around for a little while, indra petersons, aka, i love that stuff that has been stolen. >> i've been hibernating, guys. >> the cold scared you. eventually you remembered you had a job and back you are today. >> back i am. temperatures, this chill is spreading farther today, looking for it to go into the southeast. a lot of places under frost and freeze warnings. chicago, 32 degrees. d.c. not as bad, 40. it looks like new york currently coming in at 41 degrees. keep in mind, afternoon highs will be about a 10 degrees below average. for many of you, into the 50s. new york 55, boston 51. it will feel cooler for a big chunk of the day. gusty winds out there that will make it feel cooler than it actually is. some gusts 20 miles per hour or so. but as a lot of you are waking up getting ready for work, look at the temperatures, 30s in philly, new york 41, boston only feeling like 40. that's the reason, it's these morning hours that are tougher

before the sun comes out. with that, the frost and freeze warnings that are out this morning. look how expansive this is. we're talking about from the plains to the northeast. today even stretching down into the southeast. big chunk of the country really being affected by all this cold canadian air. the jet stream digging farther south, even more people will be affected by this today. as far as temperatures you can actually see that. pretty good line here where that cold air is spreading in. birmingham, 39 degrees. that's pretty much the story. more people affected. definitely tough for farmers and everyone else acclimating like myself. >> good point. thanks, indra. >> sure. new details on the murder of a high school teacher. we're hearing from a tune who the saw her and her accused killer just minutes before she died. and the latest window into what concussions can do in the nfl and otherwise, that's brett favre, legendary quarterback, says he's having memory loss. he's only 44 years old. his thought, maybe the results

of the hit he suffered in the nfl? we'll tell you his story, coming up. the day it's due. got a witness to verify that? just you. you called me. ok, that checks out. at discover, we treat you like you'd treat you. get the it card with payment flexibility. congestion, for the smog. but there are a lot of people that do ride the bus. and now that the buses are running on natural gas, they don't throw out as much pollution into the air.

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welcome back to "new day," everyone. new information this morning as students return to classes at danvers high school. witnesses revealing what happened in the moments just leading up to the alleged murder of their beloved math teacher, colleen ritzer by one of her students. pamela brown is in danvers with much more on this. you've been following this from the very beginning, pamela. what's the latest? >> well, kate, the mystery surrounding the death of colleen ritzer has left students, parents, faculty left desperately seeking for answers. in fact, last night we spoke to one of colleen ritzer's former math students. she actually sat only two desks away from philip chism in that

math class on tuesday and actually heard miss ritzer ask philip to stay after class. she was the last person to see the two together on tuesday. cambria says last period at colleen ritzer's math class seemed normal. she didn't think anything of it when ritzer asked 14-year-old chism to stay behind when the ball rang at 1:55 p.m. >> he was a little bit more quiet than usual. he had his ear buds on. he wasn't drawing. he wasn't doing math. he wasn't paying attention. she said if he could stay after to do what he had missed that day. >> reporter: nearly an hour and a half later, clottier remembers seeing the two together into ritzer's classroom. >> i saw miss ritzer standing at her desk computer, smiling at me and then i saw philip slouching in his chair staring at me when

i'd walk by. >> reporter: 15 minutes later, chism allegedly followed ritzer to a second floor girls bathroom and launched a brutal assault, punching her and slashing her with a box cutter, according to a source close to the investigation. >> if i had walked by there 15 minutes later, what could have happened? if i witnessed that, like what could i have done? >> reporter: the source tells cnn chism allegedly stuffed her body in a recycling bin, rolled it out of the school and dumped her body about 20 feet into the woods behind the athletic fields. >> i don't know why someone could do this to someone so nice. >> reporter: afterwards chism allegedly changed clothes, went to a local wendy's and on to a hollywood theater. those who knew chism, a star soccer player, say it doesn't add up. >> he was just the nicest kid on the team probably. >> he didn't demonstrate any signs. you know what i mean? any signs of aggression.

any signs towards any teachers. >> reporter: ritzer's best friend, jen burger says she never made any mention of feeling threatened at school. >> did she ever talk about concern about one of her students or anything like that? >> never. never once. >> reporter: gone but not forgotten. ritzer's legacy as an enthusiastic math teacher lives on. one of her inspiring quotes posted on the school's welcome sign. her loss deeply felt as her students head back to class without her. we have reached out to chism's attorney several times but haven't heard back. as mentioned before, classes do resume today. parents were told last night at a meeting there will be one entrance open and there will be several security guards, police officers there on hand to help students feel safe as they return. this is certainly still a grieving community. kate and chris. >> pamela, there's still a lot of open questions in the days and weeks to follow. we'll learn more about this boy and why this happened.

let's bring in cnn legal analyst paul kellan, former new york city prosecutor. one of the immediate concerns for families, boy, our schools aren't safe. if it's not the guns, it's the box cutter. what's the reality of safety in schools. >> this is a terrifying, horrifying incident. i was quite surprised. i went to the statistics and looked. going back as far as 1927 there have only been 70 acts of random violence in middle, elementary and high schools in america that have resulted in fatalities. to put that in perspective, today there are 50 million students attending schools in america. statistically, your kids are probably pretty safe. this is an anomaly and as terrifying as it is, statistically it's rare. >> it eases anxiety in the general. in the specific, this case still so troubling. let's unpack it. the kid who did it, whatever the

reasons, still a kid. people say, wow, tried as an adult. when is juvenile tried as an adult? what circumstances, specifically in massachusetts? >> laws change radically in this e era. in the '60s and '70s, if you were 14 years old, into the juvenile system. it wasn't considered to be criminal activity. now when there's a violent crime we treat juveniles as adults. massachusetts has a strict law, if you're 14 and you commit a crime that would constitute murder as an adult you will be tried as an adult. that's what's happening now in massachusetts. >> so the discussion about discretion is somewhat taken out. the law is there. there's a definition, the judge had to follow it. we'll see what happens with charges for premeditation and what not that may charge it down the line. the secondary concern is why. why this happened. safe to assume we're going to start hearing about this kid's mental state or lack thereof, emotional problems. the call will be mental illness once again, goes neglected, goes untreated, deals with a stigma

and we get these horrible outcomes. we must make change. how easy is it to change how we deal with mentally ill? >> it's incredibly difficult. i was looking at this trying to figure out how could we have warded this off? this kid leading scorer on soccer team, describe by teammates as warm, articulate, seemingly nothing abnormal about him. moved from tennessee to massachusetts. how would you know if there had been a history of odd behavior? you'd have to require that his medical records be attached to his school records. if there was a history of mental illness he would be stigmatized for the rest of his school career by teachers who would know he had been labeled mentally ill in another state. you have privacy rights being balanced against the need for safety in american schools and frankly there's no easy answer to this. i think ultimately privacy probably will prevail in terms of we're not going to require medical records of our kids to follow them from school to school. particularly psychiatric

records. >> but it's going to be a topic of discussion here because of policy and also because of the applicability of law. his motive will be very important in terms of what charges stick. fair point? >> absolutely. but when you look at this fact pattern, you know, there was blood on second floor of the elementary school, this wonderful, wonderful teacher killed with a box cutter and the body was found in the woods. it sounds like a really -- it sounds like a planned killing and then the body being taken to another site. there are descriptions of multiple sites in the woods around danvers. there's a lot of premeditation evidence available already for the police here. >> and again, happening at 3:30 in the afternoon in a place he knew he would be discovered. because of where it was done and whose life was taken, there's such sensitivity. we have to know more. thank you for the analysis. always appreciate it. >> always nice being with you. >> we'll have you back on this for sure. kate, over to you.

coming up next on "new day," contractors placing blame squarely on the administration for the mess with obama care. what happens now? john king is here in our political gut check. also ahead, a daughter on the stand testifying against her father. he's accused of killing his wife, her mother. what she had to say, coming up. yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.

remember now the politicians pledged to end the blame game? it seems that was only about the shutdown. obama care's rollout, fair game. developers of the signup website

were in the congressional crosshairs but they're pointing the finger back at the obama administration and health and human services secretary kathleen sebelius in particular. let's bring in joe johns. he's following the developments for us from washington. joe? how do we think it goes? >> chris, plenty of blame to go around. cms, centers for medicare and medicaid services and the secretary of health and human services have had a rough week so far. but the secretary for her part is not backing down. well, congress is calling for heads to roll. the face of the controversy health and human services secretary kathleen sebelius was defiant thursday as 32 republican lawmakers signed a letter calling for her to step down. >> the majority of people calling for me to resign i would say are people who i don't work for and who do not want this program to work in the first place. >> reporter: meanwhile, on capitol hill, a circular firing squad. >> i will not yield to this

monkey court or whatever this thing is. >> 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 making a last-minute demand requiring consumers to register before browsing for insurance. >> how late in the game did they make that decision to change a drastic system. >> for cgi they asked us to turn that flag off, functionality off two weeks before go live. >> reporter: the administrationen is conceding that this last-minute decision caused all the problems but contractors said the scramble left the site undertested before rollout. lawmakers said americans got a raw deal. >> $500 million later, we find the american public have been dumped with the ultimate cash for clunkers. >> reporter: meanwhile as the contractors rush to fix the site, even some democrats are questioning the requirement for everyone to buy health insurance. west virginia senator joe manchin and congressman john barrow are leading the effort to

delay the mandate by one year. jeanne shaheen wants to keep the mandate in place but they want to have it extended past the end of next march. congress is just getting started with the botched rollout of the obama care exchanges. there are two more hearings scheduled for next week, including one with sebelius and the other with the head of cms, the government agency supposed to be quarterbacking all of this. kate? >> one big takeaway from the hearings yesterday, the pressure is on kathleen sebelius when she testifies next week. joe, thank you so much. let's talk about the political gut check of the morning. the blame game continues as joe laid out over the botched obama care rollout. chief national correspondent john king is here with more on that. a tough day for the administration. it was pretty clear they said it wasn't our fault, we were doing our jobs. this goes to the people who are

supposed to be overseeing this whole ship. what's the task then now that we know kathleen sebelius will be testifying next week? what's the task and challenge for her? >> kate, she faces a very high credibility bar and she's not speaking just for herself, she's speaking for the president, obviously. the task is she says it's not just a website. okay. but she also says it's getting better every day. she needs to be able to prove that. one of the ways you turn the volume down when you're in the middle of a controversy is stop giving your critics new information. so they need to be transparent, get out everything they can about why this happened and prove they learned a lesson. if you continue to see problems with the website. if as republicans say the website is a gateway to more problems with the program, then the secretary will keep feeling the heat. >> so the -- there's some democrats saying now pushing for a delay in the mandate, a delay in the penalty or an extension of the enrollment period at the very least. is that gaining any more steam this morning? >> reporter: yes. the administration is digging in its heels saying it's not ready

to do that just yet. especially a delay in the enrollment period i think is a likely outcome, especially if they can't prove a week from now, a month from now, they've cleared up almost all of the problems in terms of getting consumers into the system, getting consumers through the application and enrollment process, extending the deadline. this is an easy option, if you will. the administration has been reluctant to drop or extend the mandate because it's the heart of the program. >> exactly. that's really what funds a lot of the program, essentially when you look at how it's all laid out. is there a tipping point on this? where they're going to have to do something if these problems continue to plague this program? >> the tipping point is congressional math. if you have enough democrats, joe just laid it out quite nicely. some democrats with be a few conservative democrats saying let's just essentially push the program back a year. that's what they're saying when they say let's extend the deadline, give it another year. they're saying put the program on pause, obama care, the heart of it, on pause for a year.

there's not enough support among the democrats for that just yet. the administration will be counting the votes in the senate right now, because obviously the republicans control the house. if it starts to see the math turning against it, then it will look for some sort of a compromise like extending the enrollment deadline, maybe something else. >> does the calendar play into this as well. i was reminding myself where they are in their congressional calendar. five weeks from here until christmas that the house will be in session. does that play on any side for this? >> i think you just hit the nail on the head. better for the administration if they start to show some progress, then congress goes home. what those members of congress here at home will decide what kind of a mood they're in when they come back. if the administration can show some progress, show that it's learned the lessons, this mess, chaos of the rollout with the website and other problems, if you can show it's building every day, congress goes home, the volume is turned down and we

start the new year, a contentious election year which will be defined by the implementation of obama care. make no mistake about it. if the president can get a circuit breaker with congress at home, he's around to starting the state of the union, trying to set the tone for the new year. it would give him breathing room if they start actually fixing the problems. >> obama care was going to be a big issue in the midterm regardless. it's more so now. >> you can pour the cement on that. >> thank you, john. have a great weekend. great to see you. >> you can pour the cement on that. >> i take all of his one line final thoughts and write them down. >> you used to say that to me. pour the cement on you is what you would say. >> let's go to john berman to save us who is in for michaela. the white house reviewing surveillance operations now at the nsa, this amid calls by germany and france to hold talks over international spying.

in an editorial in "usa today," the president wants to make sure the agency is collecting data because it's needed. angela merkel responding to reports that the nsa tapped her cell phone, says her trust in the u.s. administration is shattered. the guardian newspaper says the nsa monitored the phone conversations of 35 unnamed world leaders. high-risk drama on the high seas this morning. a search under way for two americans kidnapped by pirates off the coast of nigeria. the men were aboard an oil industry vessel flying the american flag when the vessel was stormed, taking apparently the captain and the chief engineer. u.s. officials are working on the assumption that the pair were abducted for ransom. iran may be a month away from building a -- sorry, it cowl be a month away from building a nuclear bomb if 23 chooses to. a report by the institute for science and international security says tehran is capable of producing enough weapons-grade uranium in 30 days to make this happen.

right now, the white house is trying to convince congress not to stiffen sanctions against iran. the obama administration believes tehran is at least a year away from having nuclear bomb-making capability. maryland's attorney general now running for governor says he should have been more vigilant about stopping apparent underage drinking at a beach party he attend or at least walked into. that's after a photo surfaced showing doug gansler in the middle of a summer party. he appeared at the party to tell his son who was there what time they had to leave in the morning. he says he had no moral authority to talk to anyone else there. take a look at the white house. it was more pink than white last night. the pennsylvania avenue side lit up with pink lights. this was all in the name of breast cancer awareness. >> respect. >> it's nice to see. >> it is. >> sending a message to the entire country. >> always one of the things -- how do we get the word out about this? it's hard, tricky for people.

i would have never thought that pink got so communicated, beyond gender or preference. it has come to signify something. i love seeing that. >> my boys are wearing pink wristbands to school because they see nfl players doing it. >> it's pink, i get it, the football guys, why would they wear pink? it matters more than anything else. >> shows you're more of a man. >> i don't have neon. a daughter takes the stand against her father in the murder trial of her mother. the macneill murder case gets thicker every day. we'll tell you what was said on the stanned that could blow the case wide open. and brett favre opening up about the health problems he's faced since leaving the game and the terrible price that he may have paid from all of those hard hits to the head. thatple cog up. [ male announcer ] when you have sinus pressure and pain,

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oh that sounds nice. don't feel trapped with the ally raise your rate cd. ally bank. your money needs an ally. ♪ i heard it through the grapevine ♪ >> piece of twitter do you? i don't mean the trolls on there. i mean the whole company. we now know how much that's going to cost you. i don't. christine romans does. what's the pricing on this ipo. >> hash tag drum roll, please, 17 to 20 bucks a share. who gets that twice, 17 to 20

bucks? for the rest of us you're able to buy twitter the next day when shares could be trading at a loftier level. good luck with that. twitter's value being chalked up to $11 billion. it's impressive when you consider that twitter is losing money and will continue to in the foreseeable future. twitter willing listed on the new york stock exchange. the nyse will have a twitter test tomorrow. a dry run to prevent technical disasters like facebook's ipo remember which caused delays, triggered $10 million settlement with the s.e.c. remember that, facebook went just down. that was a real disappointment. twitter has got that in mine for sure. guys? >> good to work out the kinks. we have learned that in all different aspects of our lives. thanks so much. >> appreciate the crystal balling. remember we all get to watch

christine on cnn, 9:30 a.m. on saturday, "your money." . let's go over to indra for the latest on the weather. >> it is cold. that cool air is spreading farther into the southeast. a look at frost and freeze warnings, really today from the plains to the northeast. now spreading into the southeast. that means temperatures, freezing temperatures are imminent for a huge portion of the country today. look at the temperatures just as you're waking up and walking out the door. 7:00 this morning with just a hint of the wind chill. we're talking about temperatures feeling like they're in the 30s. new york 36, philly 34. boston 34 degrees. you need a coat as you're going to work this morning. as far as the system kicking through, there is one expected to kick through today in through tomorrow towards the northeast. but light, what you'll see with the lake-effect snow showers, even rain showers coming off the lake. very tail end, another system making its way through texas. heavier rain in through tomorrow. overall it's that cold air. you can see this really shooting

down from canada. it's the arctic air that is in place, dipping farther south today. if you are into the southeast again, you'll see the difference, more 30s gradually make their way down. these are the current temperatures right now, nashville below freezing at 31 degrees. that's the cool air, the story right now. the story as we go through next week is going to be this low that will shoot out of canada, potentially bringing heavy snow and blizzard conditions. models are playing with where they're putting it. we'll be watching where that goes for the beginning of next week. blizzard on the way. where it goes, i don't know who gets to draw the lucky straw on that one just yet. >> who gets to go cover it? >> right here. >> exactly. >> i got it. >> thanks, indra. if there wasn't enough drama in the macneill murder case already, a day of testimony took the trial to another level. on trial, utah doctor martin macneill charged with murdering his wife to be with his mistress, taking the stand, his oldest daughter. as miguel marquez reports she wasn't there to defend him.

>> reporter: from the very first question -- >> do you recognize this man sitting right here? >> yes. >> who is he? >> that's my father. >> reporter: rachel macneill turns emotional, confused and combative. >> is this a question? >> okay. >> reporter: barely able to look at her father accused of murdering michele macneill, his wife. martin macneill appeared shaken by his daughter's words. >> how close would you describe your relationship with your dad growing up? >> very close. >> why would you say that? >> growing up my father was my best friend. >> reporter: rachel macneill testified on the day her mother died her father seemed obsessed with having an autopsy performed on her mother. >> he specifically said to me that he was concerned that there would be a police investigation, that he didn't want anyone to think that he murdered my mother. >> reporter: also on the day her mother died she testified her

father was already talking about bringing someone new into the household. >> was there discussion of a nanny on that day when you talked to your father? >> yes. >> reporter: rachel said her father pretended to bump into a woman named gypsy willis less than a week after her mother's death. just looking at a picture of gypsy nearly more than rachel can handle. she says within weeks after her mother's death, gypsy had moved in and it was clear she was no nanny. >> it just was obvious that she's just goo eyes at my dad. >> reporter: the cross-examination, tough. >> blood is not something i like to see. no. not my mother's blood. >> reporter: the defense painting rachel as an unreliable witness, changing her testimony, evasive in her answers and finally, making her admit she had been diagnosed with a mental illness. >> and you've been diagnosed bipolar?

>> have i in my lifetime been diagnosed bipolar? >> yes. >> yes. >> reporter: a disturbing case takes a new and darker turn, still a question whether rachel's 12-year-old sister ada will testify. miguel marquez, cnn, provo, utah. around the world now, starting in saudi arabia where women are once again defying a driving ban. we have a story from beirut. >> reporter: saudi arabia's interior ministry has issued a stern warning to any woman caught driving there. this just as a campaign urging saudi women to defy the country's driving ban on october 26th really kicks into high gear. i've spoken to many saudi women who say they still plan to go out and drive but the interior ministry spokesman tells me the kingdom's laws will be enforced not just on october 26th but before that date and after. back to you, kate. >> thank you so much. in norway, a small town is

using technology to bring them sunlight during the long, dark winter. erin mclaughlin has details. >> reporter: it looks like this little town in norway is about to get much-needed light. the surroundings mountains are so tall, the entire town is in the shade for seven months out of the year. residents take a cable car up the mountain to get much-needed vitamin "d." thanks to three giants m mirror that looks like it's about to change. the mirrors will be used to reflect light down on to the town. what a bright idea. >> fascinating. in britain, we get a closer look at the private christening of prince george. max foster has the photos. >> reporter: there are four official photos of the christening. one with both sides of the family, one with four generations of royals and another with just prince george and his parents. the historic image, though, will be one with a monarch and three future kings. we haven't seen an image like

this since 1894 when queen victoria was on the throne. back to you, kate. >> adorable. thank you so much. max, what's wrong? >> i have to say it. i'm happy for them. a healthy baby. it's a boy. he's in a dress. >> a gown. a full-length drapey gown. >> i'm not here to judge. i have to say -- >> was your son in a gown. >> he was in something that was frocky. >> it looked like a dress with the things on the arms. >> there's a reason for it. i don't know the reason. >> tweet us if you know the reason. >> do you know why this is a customary thing to put the boy in a dress? we'll give you a moment to figure it out for yourselves. when we come back on "new day," a big night for the st. louis cardinals, evening up the world series. what could this mean? also, new evidence about the cost of hard hits. as a legendary football star sp speaks out about what he thinks may have been done to him.

and -- ♪ by the dawn's early light >> james taylor singing the national anthem. it didn't start off that way. we'll show you what happened in our must-see moment, next. customer erin swenson ordered shoes from us online but they didn't fit. customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy.

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yes, he's on the phone. we'll explain. >> mom, you're on tv. be careful what you say. i want you to settle this thing for us. was i in a dress when i got christened? >> no. yes, yes, yes. >> oh, yes. >> it was a tradition in the family also. >> why did you put me in the dress?

>> it was a communion outfit. it's in the a dress. it's a communion garb. you don't call it a dress. >> it looks like a dress, mom. prince george, he has frilly -- >> it's a flowing thing for the baby. it keeps the baby's legs able to move nicely. pants are confining, christopher. this is a baby. >> i got them on right now. >> mama cuomo speaks the truth. >> at this point in their lives they're all, you know, just infants. that's all. you don't think of the sex of the baby. a traditional ceremonial thing. >> tradition. >> and you really want the baby to look like all the other children. >> what do you think? this is settled. >> it's not a satisfying answer. i have to get back to the rest of the news. love you. thank you for taking the phone. you know you're on tv. >> i'm watching you every morning with daddy here. >> all right. bye-bye. i love you, bye.

the daddy part hurt. >> now we know why you were wearing a dress. >> i should be now, apparently, because these pants are confining. >> mama cuomo settled one issue. let's settle another. the world series is tied at one game apiece. i love that the music picked back up. >> i don't know how i follow that. >> andy scholes, what's going on. >> the cardinals were the ones in bad shape in game one, making all the mistakes. it was the red sox with the costly blunders last night in game two. they had the lead in the seventh inning but they committed two errors on this play. it would give the cardinals the lead and they went on to win the game, 4-2. the series shifts to st. louis for game three tomorrow night. on the bleacher report, fire schiano billboards have appeared in tampa. the bucks lost again to the

panthers. they're 0-7 this season. brett favre says he's not coming out of retirement to play in the nfl again and concussion-related symptoms are one of the reasons why. in an espn radio interview yesterday, favre said while he has a good memory, he doesn't remember his daughter playing youth soccer one summer. he doesn't remember it. that's scary for him. favre added i think after 20 years god only knows the toll that football has taken on him. >> that's horrible to hear. >> definitely is. >> did he give any indication he regrets playing because of the effects now? >> he said he loved his time in the nfl, loved playing. now he has -- at 44 years old, he has a grandfather, he has no interest in going back and going through what he did. everybody remembers bountygate where the saints teed off on him play after play. he kept coming back. that game is really what signaled the end of his career. he came back the next season but wasn't the same. >> we talk about it all the time. you have to find ways to make it more safe, use technology to

figure out how to monitor players better but you will not fundamentally change the fact that it is a violent game. it is what it is. tune in tonight, 10:30 p.m. eastern. that's going to be cnn's new sports show, "unguarded" with rachel nichols. she'll be talking with nba superstar lebron james. don't miss that. >> time now for our must-see moment. the must-see moment today is you talking to your mom about what you wore during your christening. james taylor experiencing a little memory lapse during last night's game two of the world series. i thought i was the only one who noticed this. take a listen as he began to sing what was supposed to be the star-spangled banner. ♪ oh, beautiful -- ♪ o say, can you see by the dawn's early light ♪ >> he sang the first line of "america the beautiful" first and then he realized what he had

done wrong and he goes right into the star-spangled banner. this guy is a pro. you could barely notice you made a mistake. if you listen to him sing the national anthem, you forgot about it, period. it was majestic. i saw this on twitter, he's one of these guys who realizes the song is more important than the man singing it. he made the song the focus there. it was lovely to see. >> that's a good way of putting it. >> we were talking about it in the break before. i think he sang "america the beautiful" at the inauguration. it's one of the songs we hear him singing all the time. >> what matters is that it could have gone very wrong but he didn't. he had the poise, the control, the magnitude of the event. he made it work. >> sweet baby james, man. >> sweet baby james. >> did wear a dress. >> we'll take a break. coming up on "new day," maryland's attorney general at a teenage beach party. you're going to see it in the photos, the man now running for governor, surrounded by

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leaders are calling for consequences for the u.s. kidnapped at sea, two americans now being held hostage after pirates board their ship off the coast of africa. new details on how they were captured and what happens next. busted, new pictures this morning, state attorney general now running for governor, he's snapped at a party where teens are drinking. his explanation this morning. your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning. welcome back to "new day." it's friday, october 25th, 7:00 in the east. coming up this hour, a "new day" exclusive, senator marco rubio famously critical of the obama administration on a range of issues. this morning, we talked to him about some of the biggest like how spying might have tainted u.s. relations with some of its closest allies about immigration reform being back on the table or not. of course, obama care.

senator rubio wants the penalty delayed because of all the website problems. question is, how and whether he'll succeed. also new this hour, halloween is supposed to be of course the time to cut loose and show everyone how creative and/or creepy you can be. listen to this one. one university is telling students not to wear what they view as offensive costumes like dressing up like cowboys or indians. are they going too far? that's coming up. first this morning, relations between the u.s. and some of its closest european allies possibly hitting rock bottom this morning. german chancellor angela merkel calling her trust in the obama administration shattered. after hearing reports the nsa tapped her personal cell phone. that has the white house on full-scale damage control, even publishing an op-ed in the "usa today" promising to review procedures. jim acosta live from the white house. good to be with you this morning, jim. how much damage have these reports done? >> reporter: well, we'll have to see, chris. another day and more damage

control here at the white house. and white house officials are not acknowledging that the u.s. is spying on foreign leaders but they are saying that the president is ordering a review of surveillance programs. this morning, at a meeting of european leaders they all emerged unanimous, saying that report of u.s. spying on their leaders jeopardizes u.s./europe relations and even the fight against terrorism. germany's chancellor angela merkel who spoke with president obama on wednesday after reports that her personal cell phone was tapped joined her french counterpart to call for talks with the u.s. to renegotiate their country's intelligence sharing protocols. it's just the latest in a string of embarrassing revelations that started with nsa leaker edward snowden. this morning, the white house is calling for a review of its surveillance programs. white house homeland security official lisa monaco writing an op-ed in "usa today" saying, quote, that's why the president has directed us to review our surveillance capabilities, including with respect to our foreign partners. we want to ensure we are collecting information because we need it and not just because

we can. and she admits bluntly, these disclosures have created significant challenges in our relationships with some of our closest foreign partners. merkel told reporters thursday that trust between the u.s. and germany needs to be rebuilt. in fact, "the washington post" reports this morning that the u.s. is quietly telling many foreign intelligence services that snowden may hold details about their secret cooperation with the u.s. and the guardian newspaper which broke the snowden story reports that 35 world leaders may have had their conversations monitored by the u.s. each new revelation straining u.s. ties further. france's president, francois hollande said this this morning, a rule of good conduct you don't bug the portable phones of people you meet regularly at international summits. we should also report this morning that the chief over at the nsa, general keith alexander gave an interview to a defense department blog that basically said that the u.s. has to find a way to stop these disclosures

from happening, to somehow stop reporters from publishing these sorts of documents, either legislatively or through the courts. he didn't exactly say how that would be done but it needs to happen. he says stopping surveillance here in the united states and around the world would ignore the lessons of september 11th. kate? >> all right, jim, thanks so much. starting us off from the white house. let's bring in the republican senator, marco rubio joining us from his home state of florida this morning to talk much more about this and many other topics. thank you so much for coming in. >> good morning. thank you for having me. >> you heard jim acosta reporting there. i want to get your take in the latest on these leaks that have been coming out over and over again. allegations the u.s. spied on the german chancellor on her cell phone. now we have this op-ed, the president's advisers saying they'll review the u.s. surveillance programs. do you think trust in the u.s. has been compromised. >> i think it has because of the conduct of foreign policy or

lack thereof in terms of having a clear vision. reports this week that the saudis are beginning to say it they're going to go it alone in the middle east. that's a separate topic. on the nsa programs, three things, number one, an ongoing review is the right approach because at the end of the day you want to make sure your resources are being used where you need them the most. number two, these leaders are responding to domestic pressures in their own country. my third point, everyone spies on everybody. that's just a fact. whether they want to acknowledge that publicly or not, every country has different capabilities but at the end of the day if you are a u.s. government official traveling abroad, you are aware anything you have on your cell phone, ipad, could be monitored by foreign intelligence agencies, including that of your own allies. a lot of what you're seeing is for the domestic consumption of their own public. but at the end of the day, everyone knew there was gambling going on in casablanca.

>> that's one way to put it. you're pushing for a bill to delay the individual mandate of obama care until the website is fixed. the white house has so far given no indication they're open to that. that's really the core of this program. have you heard back from the letter you sent? >> no, we haven't, unfortunately other than the statement by mr. carnie at one of the press conferences saying i was less than sincere about our effort. i don't under that. a week ago when we met with the president he said after all this government shutdown stuff passed he would work with anybody to fix the things that were wrong in the law. clearly i want to repeal obama care. i think it's the wrong way to do a right thing and that's help people access health insurance. what i'm focused on is trying to save real people from real damage. i think it's unfair. it's fundamentally unfair to fine people, tax people, send the irs after people for not buying health insurance when the

website they're supposed to buy it on didn't work. that's all the law says. until that website is working don't fine people. i don't understand how anybody could be against that. >> are you in conversations, working with any of democrats who are pushing very similar or almost the same proposal you are? >> we are reaching out to offices across the aisle as well. we're trying to get as many people to support us. i don't see this as a partisan thing. i think we'll continue to have a debate about the merits of obama care. we should not be penalizing anybody until this website is working. that is the main way we've told people they'll be able to get health insurance. i think that's something that at the end of the day will have to happen and something that should unite us, not divides us from a partisan perspective. >> i want you to answer to the criticism you elualluded to. your fix here is a thinly veiled attempt to derail this law. you know and you said that you do not support it. how do you answer to them? >> they can say that. there's no doubt i would like to

derail obama care. all this bill says, all this bill says is you can't penalize people until the website works. i don't understand how that is something that could possibly -- how somebody could take a position against something like that. that makes all the sense in the world. >> following that 16-day government shutdown and the hit that republicans took for their approach in terms of lempgi ili funding the government to defunding the health care law, do you stand with your leader in the senate, mitch mcconnell, that says there will be no more government shutdowns. >> i don't think the government shutdown was our choice, despite the way it's been presented to the american public. the fact of the matter is, me and my republican colleagues and house were prepared to fund the entire government, every single penny of it, including programs and elements of it we didn't agree with as long as we didn't spend or waste a penny more on this broken health care law. it's the democrats who decided to shut down the government. their point was unless we fund everything, including obama care, we fund nothing.

they're the ones that shut down the government. you have to ask them. >> it sounds like it's a difference in view point. you can't have those two things together. mitch mcconnell acknowledged it was a faulty approach to try to take on obama care when you're looking at a government shutdown. you don't think that was a faulty approach? >> all i can tell you is, the house passed a bill that funded the government but did not fund obama care. it sent it over to the senate and the senate leadership, the democrats, rejected it. had they accepted that bill there would not have been a government shutdown. >> you really think there's any chance the president would accept a bill that would defund a law that has his name on it? >> again, we have a gis agreement, right? on significant policy issue. but that is the most important power that the congress has. is the power to fund or not fund things. that's a constitutional power. it is the rightful power of congress to decide what to spend their money on or what not to spend taxpayer money on. that's a legitimate exercise of congressional power. >> another big issue that you

have been a big part of and really championed, i want to ask you about, immigration. back in the conversation, many would say finally. what are the chances you think a bill could pass congress and get to the president's desk by the end of the year. >> the senate has passed a bill. the house is discussing how to proceed. i'm not sure how they'll proceed. i think they deserve the time and space to figure that out. i don't have great detail about that. they're working out that internally. beyond that point, i'd go back to something you asked me a moment ago. did we think it was realistic that the president would sign a bill that defunded his signature project? when some people say that's not realistic. i also don't think it's realistic to believe that the house is just going to take up and pass whatever the democrats in the senate are demanding. i think there are many things on immigration that we can agree on. and i think we should move on those and make progress on those issues. there are a handful that we have no consensus on in that country yet. those issues may have to be

delayed at some point until we can reach a consensus on how to approach them. i want to solve immigration. i think it's an important issue for the country to deal with. i don't think we should not do anything because we can't do everything. >> a piecemeal approach you could be open for? >> that was my original position. >> yes. >> and continues to be my preferred option. i think we'll get a better result that way and i think we'll get a result that way. when you try to do anything big in washington, it ends up running into head winds. that's the direction the senate went. i wanted to influence that process, so i got involved in it. i continue to believe a series of sequential bills is the best way to reform our immigration system. >> what do you think the chances are that it will include a pathway to citizenship? you know that's the bone of contention. has anything changed. >> in order to solve this problem you eventually have to confront that reality that you have 11 million people living in this country who are here illegally and most will be here for the rest of their lives. what we have today in my opinion is a de facto amnesty.

we have to address that issue in a realistic way. i think it gets easier to address that issue if we deal with some of the other issues first. that's why i've favored the sequential individual bills. i think if people have real confidence that the law is being enforced, that we're not going to have this problem again, that there's real border security, i think you buy yourself more space and flexibility in finally dealing with those that are here illegally. that's the toughest issue of all. >> it does lend me to -- move me to think while this has been something people have been talking about and debating for more than a decade, it sounds like there isn't a near-term st. louis in t solution in the works. >> it raises objections on both sides of the debate. i hope we'll realistic. we have a chance to move on 90% of it. we shouldn't again allow the fact that we can't do everything to lead us to do nothing. >> senator marco rubio, always great to see you and have you on.

thank you so much. >> thank you. >> of course. let's head over to john berman who's in for michaela with more of the morning headlines. an accident on a thrill ride at the north carolina state fair sends five people to the hospital, two with serious injuries. they were getting off the vortex, a ride that spins, twirls and flips passengers upside down when the ride suddenly started up again. among the injured, the operator of the ride. state inspectors are now on that site investigating. hope for freedom delayed for kennedy cousin michael skakel, the judge who ordered a new trial for his murder conviction now saying that skakel is staying put for now at least until a judge can determine if he has the authority to let skakel out. that decision is not expected until next week at the earliest. new york police now saying they are losing hope of finding an autistic teenager who has been missing for weeks. 14-year-old avanity oquendo walked out of his school on october 4th.

the search does continue but he does say hope of finding the teen alive is fading. demolition under way at sandy hook elementary school in connecticut, the site of that horrific shooting in newtown. contractors told to erase every inch of the school. the students displaced after the mass shooting have been going to school in a neighboring town, a new school is set to open in newtown in 2016. and a california congressman being called a hero this morning. paul ruiz was flying from washington to palm springs when an elderly passenger became ill and collapsed. now, congressman ruiz luckily is a physician. he and another passenger, a firefighter were able to stabilize the man when the flight was diverted to raleigh, north carolina for an emergency landing. no word this morning on the identity or the condition of the victim but, again, lucky that the congressman was a doctor and willing to step in and help as really anyone should do in that situation. >> perfect. we have to see what happened.

certainly he tried to do the right thing. let's get to indra petersons, keeping track of the latest forecast. cold, cold, cold, did i get it? >> it sounds so good, guys. finally. people are saying yes, it is cold. i hear everyone on the street, too, by the way. they are saying it is chilly and there's a reason. temperatures below freezing for many of you, kansas city, 30, chicago below freezing, 31 degrees. that is what we're dealing with this morning into the mid-atlantic and northeast. temperatures in the afternoon 10 degrees below normal but once you add in the wind, gusts anywhere from 0 miles per hour, we're starting to feel that it's cooler than it really is. sometimes it feels like 40. in the morning it feels like 30s. with the wind, we're stipulate talking about a few lake effect showers, nothing major. even as we go through the weekend we see a system kick through. that big story is that that cold air has made itself go farther down to the southeast. look at this, from the plains to

the northeast, all the way down to the southeast. we are talking about freeze warnings out there. so many, you've seen those temperatures dipping below the freezing mark as the jet continues to dive farther down to the south. that is what we're all dealing with this week. look at those temperatures. right now we're looking at nashville below freezing, 30. atlanta this morning, you're waking up at 39 degrees. i want to say you into next week. a lot of people say what about next week? there's a big system we'll be focusing on as we start your next week. blizzard conditions in montana and wyoming. the reason i want to bring this guy up, it will make its way across the country. it looks like ohio valley into the northeast, rain and wind for halloween. >> leg warmers on those costumes. >> i didn't mean your costume. i men the your kids costumes. >> thank you very much for that. >> i can't say anything. apparently i wore a dress at the first occasion i ever went to. not that there's anything wrong with that. just a little surprised.

that's all. coming up on "new day." it's happened again. two americans kidnapped by pirates off the coast of nigeria. we'll bring you the latest on the all-out search to find them. also ahead, a massachusetts teacher found murdered. one of her students now in custody. we're hearing this morning from a classmate who saw -- who sat two seats from the suspect on that deadly day. if you're seeing spots before your eyes, it's time

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townsend, cnn's security analyst, to help us understand this. another emergency situation involving pirates. set the stage. why in this age of sophistication are there pirates, why are the ships vulnerable, why always africa? set the stage. >> people now, our viewers will remember you have the captain philip's movie out. that was off the east coast of africa, near somalia. that's where most americans think we have the problem. it's shifting more and more now to the west coast. this kidnapping is off the coast of nigeria, volatile situation in that area. and more and more of these sort of pirate incidents over off the west coast. but normally on the west coast what you see is they're stealing from the ships, taking cargo, siphoning oil off and selling it on the black market. what's unusual is this kidnapping. on the north of nigeria you have an islamist extremist group. in the delta region there are

gangs and marauders. difficult for foreign workers to get life insurance if they have to go into the delta region because of these kidnappings and violent gangs. >> the obvious question is for these companies who have to go through these waters, why not avoid getting close to the coast of nigeria or avoid getting close to the coast of somalia. >> you would if you could but business is run by commercial efficiencies. 30% of the oil that comes from the region going to the united states comes along that coast. and so what shippers try to do is have sort of controls on the ship to be able to avoid being taken over. but it's sort of an inevitable sort of risk in the business. >> what's the concern? if iraq and afghanistan there was a concern that the common criminals behind some of the kidnappings would look to terrorist groups and perhaps sell the hostages to sort of kick it up to a higher level. what's the concern there that

this could be common crime ultimately gets connected to terrorism? >> that's right. that's the connection between these gangs and the delta region and bocarahom in the north. they push them north to bocarahom. >> how likely is it these people get back safe? >> well, you have two americans. the question is do they realize their americans? how much do they know about the people that they are holding captive. and once they realize that they -- it's been very public, that both these people, both the captain and engineer are americans, can they then leverage that or will they decide it brings too much attention, too much potential violence. people know how the maersk alabama and captain philips ended with the navy s.e.a.l.s and the assault there.

do they decide that brings too much attention to them and get rid of them, giving them to bocarahom a more capable militant group or give them to someone else? it's too early to tell. >> clearly the situation is not over. coming up next on "new day," she was one of the last people to see her teacher alive and now this student is recounting the final moments. did she see the accused student at the scene? details ahead. the man who wants to be governor, maryland's attorney general popping up at a teenage party. $50,000 in damage afterwards, underage drinking. why was he there? why didn't he do more to stop it? we'll take you through it. your retirement. ♪ ameriprise advisors can help you like they've helped millions of others. listening, planning, working one on one. to help you retire your way... with confidence.

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♪ a little party never killed nobody ♪ >> announcer: you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. >> welcome back to "new day," everyone. it is friday, thank goodness. october 25th. coming up in the show, a beach party -- a beach week party gets an unexpected guest. maryland's attorney general caught surrounded by teens allegedly drinking alcohol and the man running for governor didn't stop it. we'll hear his response to the controversy and we'll talk about it in just a few minutes. halloween's coming. we're all thinking about costumes. listen to this one. students are asked to dress up as anything they want to as long as it doesn't offend anyone. how about the choices that are made, the directives that are given? is this about pc gone out of control again? are they good rules? let's get right to john in for

michaela. the white house reviewing surveillance operations at the nsa. this announcement coming in an editorial this morning in "usa today." that as german chancellor angela ameri merkel along with french officials calling for a meeting with the u.s. to start rebuilding trust. the guardian newspaper saying conversations were monitored. they say only two weeks were spent on testing instead of the months they say they needed. health and human services secretary kathleen sebelius will testify next week. the mystery of maria may be over. a bulgarian woman claims she is the mother of the blonde haired blue eyed girl taken by police from a couple in greece. the woman tells investigators she left the child with a family she worked for in 2009. her son adding they didn't sell

her. they just didn't have the money to go back. a dna sample from the woman will be taken today, compared with that of the little girl. >> questions this morning about a shooting at an armory near memphis. tennessee national guard recruiter who had been relieved of duty allegedly opened fire, wounding two of his superiors. wmc reports a third guardsman was grazed in the arm. the injuries are not life-threatening. the suspect is in connection. the latest creation by banksy treasured before it could be trashed. the piece is called waiting in vein at the door of the club. didn't stay up long. workers cut the door and hauled the potential gold mine away on a truck before it could be defaced. this guy has kept himself in the news and in the spotlight for this entire month in residency he's been here in new york city. >> still so anonymous at the

same time. >> very much so. students return to class at danvers high school, this as we get new information from witnesses, talking about what happened just moments before the massachusetts math teacher colleen ritzer was killed, allegedly by one of her own students. cnn's pamela brown is there in danvers morning. good morning, pamela. >> reporter: good morning to you, kate. classes resuming at 7:25 this morning. students we've been speaking with this morning say they're coming back today with heavy hearts as this mystery surrounding the death of colleen ritzer has left them with many unanswered questions. we spoke to one student who only sat two desks away from philip chism in miss ritzer's class and she says she is haunted by the fact that she was one of the last people to see the two together on tuesday. cambria clottier said class was

normal. she didn't think anything of it when ritzer asked 14-year-old chism to stay behind when the ball rang at 1:55 p.m. >> he was a little bit more quiet than usual. he had his ear buds on. he wasn't drawing. he wasn't doing math. he wasn't paying attention. she said if he could stay after to do what he had missed that day. >> reporter: nearly an hour and a half later, clottier remembers seeing the two together in ritzer's classroom. >> i saw miss ritzer standing at her desk computer, smiling at me and then i saw philip slouching in his chair staring at me when i'd walk by. >> reporter: 15 minutes later, chism allegedly followed ritzer to a second floor girls bathroom and launched a brutal assault, punching her and slashing her with a box cutter, according to a source close to the investigation. >> if i had walked by there 15 minutes later, what could have happened? if i witnessed that, like what could i have done? >> reporter: the source tells cnn chism allegedly stuffed her

body in a recycling bin, rolled it out of the school and dumped her body about 20 feet into the woods behind the athletic fields. >> i don't know why someone could do this to someone so nice. >> reporter: afterwards chism allegedly changed clothes, went to a local wendy's and on to a hollywood hits movie theater, according to a source. those who knew chism, a star june juror varsity soccer player, say it doesn't add up. >> i'm sure any of his teammates would say the same thing, he was the nicest kid on the team probably. >> he didn't demonstrate any signs. you know what i mean? any signs of aggression. any signs towards any teachers. >> reporter: ritzer's best friend, jen burger says she never made any mention of feeling threatened at school. >> did she ever talk about concern about one of her students or anything like that? >> never. never once. >> reporter: gone but not forgotten. ritzer's legacy as an enthusiastic math teacher lives on. one of her inspiring quotes posted on the school's welcome sign. her loss deeply felt as her students head back to class without her.

and the bathroom where ritzer was allegedly killed will be closed for the foreseeable future. we're told her classroom will be open today. there will be classes taught there today. this is still very much a grieving community looking for answers about why philip chism allegedly killed his teacher. chris and kate. >> all right, pamela, thank you very much. >> questions that need answers. we need to understand what made this kid do this, see what it can figure out for how we keep schools safer going forward. we already know too much, this bright star, this young teacher there to help kids is gone. we'll keep following the story. our hearst and prayers go out to this community and her family. we'll take a break. when we come back on "new day," a university's dean sends out a message. halloween can still be happy without being offensive. her call for costumes that don't cross the line. did she cross the line? we'll go through it.

you decide. maryland's top law enforcement officer pops up at a wild teenage party. what was he doing there and what does this mean for his run for governor? >> did he cross the line? everybody's crossing the line. ♪ red solo cup (vo) you are a business pro. maestro of project management. baron of the build-out.

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♪ might as well jump ♪ might as well jump >> drum line going. welcome back to "new day." let's get straight over to indra petersons for a check of your weekend weather. >> looks like we're talking about frost and freeze advisories spreading down into the southeast today. there's a huge chunk of the country being affected. from the plains to the northeast and down now into the southeast.

we're talking about temperatures below freezing this morning for many of you. as you're waking up and going out the door into the northeast, this is what it feels like at 8:00 in the morning. it will feel like 38 degrees in new york, philly, down about 36. boston feeling like 35 degrees. definitely a chill in the morning hours by the afternoon. it will feel more like the upper 40s although temperatures will be into the 50s. we are going to talk about a system making its way through, still continuing to see lake effect showers but also maybe a tiny bit of rain spreading to the northeast on saturday. we'll look for that. not expecting much, the biggest thing here is going to be reinforcing more cold air through the weekend. tail wind around texas, an inch or so of rain for them during the next few days. why is it so cold? you can see it, making its way down from canada. that jet stream is dipping farther down to the south. there are the temperatures. atlanta this morning, 39 degrees. nashville we low freezing at 30.

even the carolinas, 41 degrees. that's the big story. another system wakes its way through wyoming, montana, models all over the place, not sure where it's going. >> you know what this is weather for? this is hunting weather. >> hunting weather. look at you guys. dangerogerou dangerous. >> there's stuff to be excited about. >> i think sleeping weather by the fire. >> i'm with you. >> just talking to my dad. >> kate's going out. >> that's right. thanks, indra. take a sip of your coffee, time to get our thinking hats on. this is a provocative situation we're about to tell you about. the attorney general of the state of maryland, apologizing this morning after getting caught at a wild beach week party. critics have two questions for douglas ganzler, why was he there and why did he do nothing to stop the underage drinking? this wasn't an adult party. to set the stage of what we're talking about, here's brian todd. >> reporter: a wild beach week party in bethany beach, delaware

with teenagers dancing on tables. look at the man near the center in the white shirt. that's maryland's attorney general, douglas ganszler who's running for governor. take a look at these just released photos posted by the "baltimore sun" of ganszler at the headline making bash. >> this appears to show that he has stopped to watch the young girl bent over and another boy dancing behind her. whether he glanced over and that happened to be the instant the photo was taken, we can't know. >> reporter: he says he was at the party in june just to talk to his son but underage teenagers reportedly admitted they were drinking alcohol and now that the photos have surfaced, ganszler is taking serious heat for not stopping it. ganszler says at the time he wasn't sure there was drinking going on. >> there could be kool-aid in the red cups but it's probably beer. >> reporter: they quoted him as saying he doesn't have moral authority over other people's children. he defended himself at a news

conference. >> i wasn't the leader of the party, for example. i wasn't the chaperone. i didn't buy the beer or anything like that. i showed up, talked to my son and left. >> reporter: he also says he didn't have legal authority to stop anything at the house since he's the attorney general of another state. but another embarrassment, ganszler's been in a psa speaking against underage drinking. >> parents, you're the leading influence on your teen's decision not to drink. >> reporter: i asked about accusations that he's hypocritical. >> that would be strong. again, should i have recognized -- should i have decided -- -- what i could have done was investigate whether there was drinking going on and then taken action on that. >> reporter: brian todd, cnn, silver spring, maryland. >> now you know why i said it is so provocative. the picture alone. so we discuss, sunny hostin is here, john avalon is here, we have the law, the politics and the problems. i put it to the table. what's the initial take, sunny? >> the initial take is at least legally he would be responsible for the underage drinking.

there are social laws all over the country. my understanding if it's true that he rented this house along with other children, means that he's responsible for providing alcohol to underage kids and the law holds him responsible. god forbid one of those kids got into a car and drove away and killed somebody. can you imagine that? can you imagine that? i think if you're the law enforcement officer of the state of maryland, a maryland that i actually am a member of the bar, you have that responsibility. not only legally i might add, i think you have it morally. you pull your kid out and tell other parents, these kids are drinking. >> why isn't it seen as a moral stand? they rent the house. i'll set the table. you say whatever you want. they put out the list of rules, don't do this, don't do that. they seem to be recognizing this is going to happen. these kids are not 11. they're late teens kids, they're going to a party, we'll do it in as safe a way as we can, we'll have chaperones.

>> and beer and wine is fine but not hard alcohol. what? that's crazy. >> weigh in here. >> you put yourself in public light, you give away some of the license. let's talk about the politics of this. politics is perception as you well know. here's the problem. you have a guy attorney general of the state, running for governor ending up in the middle of a party out of an '80s teen comedy. you have half naked teens greased up and twerking. that is not a place for him to be. why was he there in the first place? now he has to con front that. he was facing an uphill fight for governor anyway. this ain't gonna help. hypocrisy is the unforgivable in politics. >> how he handled questions about it afterward, not only the photo. the cover-up is worse than the crime. >> i'm not responsible. i don't have responsibility. >> from a political perspective is the blow-back deserving? >> awkward. it was an incredibly awkward

press conference. he didn't have the a good answer. he's trying to say, look, i was focusing on my kid. i didn't want to be the bad guy. it's another state anyway. that rings hollow when you've been putting your face on a psa all self-righteous talking about teen drinking. that's why this sticks, that's why this will really, really matter. >> it's the photo, the language. i don't have the moral authority to talk to someone else's kid there. you don't have the authority to go up to a kid and say, hey, you really shouldn't be drinking here? it's not a legal issue. he's not the attorney general. he's a parent. >> but a parent -- i would go so far as to say -- >> if he's on the contract for the house, he does have some authority. >> right. he has the legal responsibility to making sure he isn't providing alcohol to underage kids. >> could he face anything after the fact? >> nothing happened. no one, as far as we know, no one got in trouble afterward. >> if i were the prosecutor in the state of maryland or in delaware, yes, i think absolutely. and had the police come up to the party while he was there,

and found this out, he could have been charged right then and there. >> can i just say, no elected official in any state should have been within 100 miles of a party like that. i know you can't control it. the alarm bells should go off, you should run. >> you're all right. >> thank you, chris. >> it bothers me a little bit, not because i love the idea of underage drinking. there is hypocrisy in the analysis because what do we have here? we have parents who think they're doing something responsible dealing with the reality that all parents of teens face. okay? so they think they're doing it the right way. if this were just another private citizen, you'd say, well, this is -- they're trying to do it the smart way, the kids are going to be kids. because he's running for public office he's being held to a different standard because of his psa? is that fair, is that right? >> i don't think he's being held to a different standard. i've had cases where parents are held responsible for their kids' underage drinking when hosting a

party. >> you don't think the state knows about these houses? >> i'm not sure. but they should. >> the larger point here, isn't hypocrisy the analysis. it's hypocrisy in our society. we institutionalize a bit of a wink and a nod when to comes to high school drinking. >> i don't. >> whatever upstanding citizenry you hold -- >> i'm not the cool parent. >> there's a little bit of this built in. if you run for higher office, attorney general of the state, voluntary position you aspire to, if you're running for governor, you have to hold yourself to a higher standard. if you fail in this very, very public way, that's going to leave a mark, folks. i think you'll see that when the election comes around. >> good talk. >> they're good points. they're good points. there's something that bothers me about how politicians are judged and not judged and they all seem to be falling more and more. you're right. there are things here that will be cause for concern. what do you think? the conversations about your thoughts. tweet them to us, use t the #newday.

>> kennedy cousin michael skakel granted a new trial. has he been unfairly treated because of his famous family? we'll talk about that with robert f. kennedy jr., joining us live. political correctness. we're talking about that there. how about halloween costumes? we'll tell you about college campus crackdowns. they're putting out rules about what is appropriate for halloween. but first, we want you to tune in sunday at 9:00 p.m. eastern and pacific for anthony bourdain "parts unknown." on november 3rd, tony is going to visit japan. take a look. >> maybe the most important thing you need to know about tokyo. my point of view, every chef i know, every high-end chef, spain, france, new york, san francisco, los angeles, basically every chef i've ever met, if you ask them, if you had to spend the rest of your life in one country, eating one country's food for the rest of your life, where would that be?

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♪ we're not gonna take it, no, we ain't gone that take it ♪ twisted sister.

>> only for you. >> nischelle turner must be here if we're playing twisted sister. >> i regret that remark. >> you should embrace it. halloween is just around the corner less than a week away. one university dean is taking steps to make sure costumes on her campus are politically correct. would you believe no cowboys, no indians and even a lot of no of a lot of other stuff. nischelle, what are the details. >> there's a lot of no's here, the dean at the university of colorado boulder, her name is christina gonzalez, wrote a letter to students and condemned a bunch of costumes for halloween she considers offensive, overly sexual. let me give you some of the items on her no list, blackface costumes of course, sombrero, geisha, cowboys and indians and also condemned having theme parties like hillbilly or ghetto

parties because she wants the students to think about the impact that this can have on the community. now there are two schools of thoughts here, i mean is she just being preemptive or is this the pc police going completely crazy. and i'm not really sure where i fall because i understand what she's saying and i get some of the things that she doesn't like, but enh, maybe it is going a bit too far. >> i like to know what she thinks is an acceptable costume. there seems to be more no's on the list that be approved. they're not technically banned. >> right. >> students aren't going to face any kind of penalty if they're found wearing said costume. >> no, they're not banned, they're not going to get in trouble if they want to wear these costumes but they are frowned upon and this isn't the only university doing this. this also happened at the university of minnesota. >> why are you doing it then if there's no teeth. why say it in. >> there was a time in college you'd about g to the halloween

parties and every woman was a french maid or sexy cat. i didn't even know cats were sexy. it's worth thinking about there. when you bring up something like cowb cowboys, it's a little bit too far. >> i come from redneck country, we embrace redneck and hillbilly. >> she's saying if it offense anyone then don't do it. there's a back story. back in 2011 the faculty at the university of colorado introduced this resolution where they said they wanted to put restrictions on students painting their faces and bodies black at sporting events because the colors are black and yellow and they thought that could be offensive and said a faculty member went out on halloween 2011 and saw four kids dressed in black face for a costume. >> that's different. i think all of these political correctness stories come down to one basic idea for hee. it is good for people to say the right thing. the emphasis should not be on saying the right thing instead of doing the right thing.

as long as what you're passing on to the kids and all of us in general in culture, do the right thing with diversity when people and correctness are involved. some of the rules when it has no teeth and just a suggestion, either make the right point, treat each other with respect or just be quiet because this has no teeth anyway and you're putting cowboys on the list. loses its lustre. >> i think the cowboy thing goes way too far. >> thanks. >> you're welcome. >> we'll check back in with you. we're beefing, berman. >> game three, saturday night. >> red sox/cards, stay here. >> true. >> who knew we'd be the reasonable folks on the table. >> this is very awkward. please, quick, get us to break. coming up next on "new day" a judge says michael skakel deserves a new trial in a notorious murder case. but was he targeted because of his relatives? he's a cousin of the kennedys. we'll talk to robert f. kennedy jr. live coming up.

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-- captions by vitac -- www.vitac.com the answer is no, we are not monitoring his communications. >> called out, france and germany threatening repercussions this morning amid reports their leaders' phones were tapped by the u.s. this as the white house overnight calls for a review of those surveillance programs. held hostage, two americans kidnapped by pirates aboard a ship off the coast of africa. new details this morning about how they were captured, all too similar to what happened to captain phillips. a daughter's anguish, testifying against her own father, the dramatic moments inside the utah courtroom as she accused her daughter father of killing her mother.

your "new day" continues right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning and welcome back to "new day." it is friday, october 25th, 8:00 in the east. new this hour, robert f. kennedy jr. will be joining us live. his cousin, michael skakel, gets a new trial in the murder case against him. we're going to ask kennedy who he thinks really killed martha moxley and what he thinks of this truly shocking development. we've had a lot of provocative topics on this show, another one, a bombshell from brett favre, he says he believes he's been badly damaged by two decades of football, he doesn't remember things the same way at only 44 years of age. rachel nichols will be here with the shocking revelation. first the big chill, america's closest european allies are furious this morning. why?

german chancellor angela merkel calling her trust in the obama administration after hearing reports the nsa tapped her personal phone. the white house left on the defensive publishing an op-ed in "usa today" and promising a full review. let's bring in jim acosta live at the white house. jim, what's the latest? >> reporter: chris these are just the most recent embarrassing allegations about this kind of spying on foreign leaders. mexico and brazil raised similar concerns in recent months and white house officials are not admitting the u.s. is spying on world leaders but they are saying the president is ordering a review of u.s. surveillance policies. this morning at a meeting of european leaders they all emerged unanimous saying that reports of u.s. spying on their leaders jeopardizes u.s./europe relations, and even the fight against terrorism. germany's chancellor angela merkel, who spoke with president obama on wednesday after reports that her personal cell phone was tapped joined her french counterpart to call for talks

with the u.s. to renegotiate their countries intelligence sharing protocols, just the latest in a string of embarrassing revelations that started with nsa leaker edward snowden. this morning, the white house is calling for a review of its surveillance programs. white house homeland security official lisa monica writing an op-ed in "usa today" saying "that's why the president has directed us to dmf collect information because we need it, and not just we can." she admits bluntly these disclosures created significant challenges in our relationships with some of our closest foreign partn partners. merkel told reporters thursday that trust between the u.s. and germany needs to be rebuild. "the washington post" reports this morning that the u.s. is quietly telling many foreign intelligence services that snowden may hold details about their secret cooperation with the u.s. and "the guardian" newspaper which broke the story reports that 35 world leaders may have had their conversations

monitored by the u.s. each new revelation straining u.s. ties further. france's president francois hollande said "a rule of good conduct is you don't bug the portable phones of people you meet regularly at international summits." the head of the nsa general keith alexander gave an interview to a defense department blog in which he said that the u.s. has to find a way to stop the news media from reporting these allegations, that obviously raises first amendment issues but alexander goes on to make the point if they stop doing surveillance in the united states and around the world that that ignores the lessons of september 11th. kate? >> all right, jim, thanks so much for that. candy crowley is cnn's chief political correspondent and host of "state of the union with candy crowley" of course airing this sunday and every sunday and she is joining us to talk more about this all of these issues. good morning, candy. >> hey, kate. when you look -- jim really lays it out really well, the top adviser to president obama putting out this op-ed, but

these kind of slow trickle of intelligence leaks they're dealing with, often they then go to the point having to put out an op-ed it's because they've lost control of the message and feel they need to regain it. what do you think is going on behind the scenes here? >> well they're trying to find some way for these -- it's just been this steady drip ever since edward snowden sort of burst onto the scene with those first articles based on his information. it has been constant. i think the white house is lucky in this way. it still maintains an enormous amount of support on capitol hill. there was that brief flurry of, oh, i can't believe they're collecting phone information from every american, we've got to look into this, there are some hearings but nothing really happened because by and large lawmakers don't want to be the person responsible for saying you cannot go out and seek this kind of information, only to find after the fact that that piece of information might have

helped. so they are lucky in their relationships with congress, because it's not something that they're being beaten about the head about, but these relationships with foreign governments can be tricky because he does need to deal, the president does need to deal with them and without trust it's a little hard even with your allies. >> when you talk about kind of maybe the cover that congress offers the president on these issues you're absolutely right because senator marco rubio on earlier in the show alluded to as much. he wasn't going to go there to criticize the president on that specific issue, while on many other issues of course. i also asked marco rubio about the government shutdown and lessons learned and i was wondering if he stands now mitch mcconnell, when mitch mcconnell said that there will be no more government shutdowns, it was a faulty strategy and they're moving on from there. he wouldn't go there. he wouldn't say yes that the government shutdown was a bad idea in terms of how it was handled on the part of republicans. do you think that's thank spells trouble when these issues come back up once again?

>> right now i'd sort of look at it rhetorically and politically as opposed to what's going to happen because the wind beneath marco rubio's wings has always been the conservative wing in and particular the tea party. he's usually been pretty good about not being a tea party candidate. nonetheless he had huge tea party support when he won re-election. so you don't want to rule that out. if that is where your support comes from, and particularly if marco rubio's looking at 2016 for a possible presidential run, you want to keep that faction of the party fairly happy and to rule out what i must say to you tea party folks and conservatives think was a successful government shutdown. you don't want to roll that out. so i wouldn't say that it means that he was supported or even thinks it's a good idea, simply that that's not a part of the party at this point that he's going to rule anything out for or monday behalf of. >> that's a great point. i want to get your take on the continued mess with the rollout

of obama care. the hearings yesterday a bad day for the administration, secretary sebelius has a big challenge ahead of her when she'll be testifying next week and growing calls even from the democratic side for some delays, some changes and to allow consumers more time to look at their options and more time for the administration to get its act together in terms of this website. do you think there is a tipping point that they could be reaching in terms of even if they don't want to delay anything, and they're not approaching it, that they have to, that they're just up against it? >> my guess is first they'll figure out another way to say delay, just because that in itself sort of connotes defeat, that the administration doesn't want to have on a policy they still believe in. we're talking about the rollout, the signup. we haven't even gotten to the, how's it gonna work when it becomes reality. we're talking process here, and so they don't want this sort of

bad taste to be left with everybody, and so they don't want to concede okay, this is really a mess. president said hey this is not how i saw it. there have been some problems here, we're going to fix it. so i do think that there will be probably at some point the longer we go on, the higher the chances that there will be some sort of, okay, if you are covered by this date and sort of move that ahead, then there will be no penalty. so we'll see. i mean the longer this goes on and as far as we can tell from talking to people who understand 5 trillion lines of instructions for the computer that this might take a while to fix, in that case i think there's a fairly good chance that penalty at least will be dropped for some time. >> one thing is for sure, we're all getting a crash course in i.t. we never thought we would need but we're learning quickly. great to see you candy, thanks so much. reminder to all of our viewers, tune in sunday for candy, and she will be hosting of course

"state of the union" 9:00 a.m. eastern right here on cnn. let's get over to john berman in for michaela with the morning's headlines. an investigation under way this morning in north carolina after five people were injured on a carnival ride at the state fair there. the accident happening as people were getting off the vortex, which is a kind of pendulum swing ride. the ride then apparently started up again, two of the people hurt are said to have serious injuries. we're hearing this morning from one of the students wounded at a nevada middle school. 12-year-old mason was shot in the sympttomach by a classmate, he speaking exclusively with cnn's stephanie elam. we an emotional message about guns. >> when i got shot, i learned that they're not just a toy. they're a weapon, and they could damage somebody very bad. so i want everybody in the world to know that war and battles and anything dealing with weapons

and guns and knives, they're all weapons, and they could kill you. >> a second student was also wounded and a beloved math teacher was killed before the shooter turned his gun on himself. iran may be capable of producing the amount of weapons grade uranium needed to build a nuclear bomb within a month. that's according to a report by the institute for science and international security. the finding disputes the white house position that the uranium enrichment would take at least a year. and the lady zebras making ncaa history for the first time ever, there was a majority female officiating crew for a college football game. they called the game last night between miles college and lane college, two alabama schools competing in the southern intercollegiate athletic conference. the conference xhiger says more important the fact the revs are women are the fact they are really, really good. here, here. >> perfectly put. love to see it.

thank you very much. let's get over to indra petersons for a check of the weather. >> the huge pattern change from last week where temperatures were milder than they are this week, thanks to the jet stream, really dipping down even further today, so we're definitely looking at the cool air spreading farther down to the southeast. temperature wise we're talking about many of you 10, even 15 degrees below normal, so easy to see when you look at the current temperatures where all the blue is, where all of the cool air is this morning. you can see that making its way into the southeast with 30s. kansas city waking up in the 20s, 29 degrees. the other story is another tiny little system that will make its way over the great lakes and into the northeast on saturday, so a few more light showers can be out there, it's not going to be a big story, the bigger thing will be that cold air will be reinforced or sticking around for the weekend. also showers around texas looks like today and in through tomorrow, about an inch will be the story. winds are gusting out there so it may feel cooler than it is. we'll see temperatures in the northeast in the 50s but it feel like in many places in the 40s

and of course the freeze warnings this morning. it will rebound in the southeast for the weekend. northeast stays mild through the weekend. >> just make it through the weekend. you turned the corner so quickly. >> yep. coming up on "new day" we have bobby kennedy jr. on the show talking about his cousin michael skakel. he said michael didn't get out of jail because he was aiken di, he was in jail because he's aiken di. he also has theorys who killed martha moxley that you probably have not heard before. we'll talk to him, right after the break. nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. [ dings ] ♪ [ male announcer ] every thought... every movement... ♪ ...carefully planned, coordinated and synchronized. ♪ performing together with a single, united purpose.

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so i've found a way. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your future? we'll help you get there. welcome back to "new day." a jhung ordered a new trial of the 1975 murder of martha moxley so michael skakel will probably not be in a connecticut jail

much longer. our next guest robert f. kennedy jr., has been an outspoken defender of his cousin since skakel's conviction in 2002. he argued skakel was unfairly targeted because of the kennedy connection and has his own theories about who really killed moxley. robert joins us from los angeles, if i may call you bobby, i have just about my bhoel life. bobby, thank you for joining us this morning. >> thank you for having me, chris. >> let's deal with this first allegation which is that this new trial is perceived by some as a function of michael skakel's connections. you see it the opposite way, why? >> well, you know, i don't think that that's a credible argument. the judge wrote a 136-page opinion that is extraordinarily detailed about the failures of michael's counsel. michael was 11 miles away with five eyewitnesses at the time

that the murder occurred. unfortunately his counsel, mickey sherman, failed to call those witnesses. the major testimony against him came from two witnesses who said that they, in one way or the other, that michael had confessed to them, but there were many rebuttal witnesses who were there at the time and said that the confession never took place, and that michael never did that, but those witnesses again were not called by mickey. i think there was a, at that time there was a press pack mentality, a press scrum that was led by dominic dunn and by mark furman which said that, which had this narrative that said, okay, here was aiken dithat got away with murd kenne away with murder.

neither of them are kennedys and second of all neither of them committed murder. nobody knows who murdered martha moxley and one of the things i pointed out in my "atlantic monthly" piece which came out right after the trial was that there were many, many other suspects that had lots better evidence against them than the evidence against michael. unfortunately again, mickey sherman didn't bring that up during trial and that's one of the things that the judge, judge bishop faulted him for. >> what do you make of the judge's assertions in his decision that your other cousin, that tommy skakel, was someone who should have been looked at much more seriously for the commission of this crime. do you agree? you obviously don't agree but why not? >> well, no, no, i agree with the judge that the -- tommy skakel didn't commit this murder. tommy skakel was in a position

of opportunity much more than michael. michael had an air tight alibi and tommy was the suspect, was one of the suspects for many, many years. so what the judge was saying is that the attorney for michael had a duty to produce tommy and produce the evidence against him just to raise the prospect of reasonable doubt in the minds of the jury. he wasn't saying that tommy committed the crime, he was just saying that mickey sherman had an obligation to bring in these other suspects and show the jury that there was reasonable doubt as to whether or not michael committed the crime, but the judge was not suggesting that tommy committed the crime. >> you used a lot of strong language. let me ask you in your article in the "atlantic monthly" you talked about the tutor involved and felt that was someone who should have light shown on them. you have an alternate theory

you've talked about, not much on tv. >> and kenny littleton was the -- >> the tutor. >> -- tutor and again i say in that article, and i don't know that kenny littleton had anything to do with this, i just know that the evidence against him was stronger than the evidence against michael, but after the article, chris, after the article -- after "the atlantic" published that article i got contacted by a cbs news producer who had gone to school, the same private school in greenwich as michael skakel and he had not been a friend of michael's. he said to me, "you have to talk to tony bryant," who is a florida businessman, and he said, "and tony bryant was an african-american who had gone to the same school at the same time." in fact, he had been the first african-american to integrate that particular school in greenwi greenwich. we lived with a teacher because he was from new york city, and

he had not liked the situation. he had moved back to new york city and gone to public school, and when he went to public school he had gotten involved with a couple of kids who were gangster types and their names were adolph and burr and he brought them to greenwich on numerous occasions to see his old friends in greenwich and to attend mixers. he brought them up on that night, which was called mischief night, the might before halloween, and one of those boys who was an african-american and who was 6'2", weighed 250 pounds and the person who murdered martha moxley was a very, very big man, and he -- that boy had a crush on martha moxley that he developed in the earlier visits to greenwich, and that night, according to tony bryant, those two gentlemen found a golf club in the backyard of the skakel's

house, and they said to tony bryant, "we're gonna go get martha moxley and we're going to take her caveman style," in other words we're going to hit her over the head and drag her into the bushes. tony bryant at that point said i don't want anything to do with this, and he got on a train home. the next day the boys came to him and said, "we killed her." they then repeated on dozens of occasions over the next few years that they had, in fact, killed martha moxley. when tony bryant -- when i called tony bryant, he said to me, "i've been waiting for this phone call for 27 years," and he said, "i wish i had gone to and produced myself as a witness at the michael skakel trial, but i just never believed that michael skakel would ever be convicted and tony bryant's father --" >> let me stop you for a second.

it seemed so clear you were able to find this out. did police ever look at it when you gave the information over? has anyone looked at it? the judge wasn't as convinced by this scenario, but why hasn't it been investigated if it's so obvious? >> well, the only judge whoever looked at this was the judge in the appeals hearings. so he never had a trial judge, chris, actually look at this. >> right. >> there was no system given by tony bthere was no system given by tony bryant or adolph or burr and they both admitted they had been there the night of the killing, they knew martha moxley, they stayed that night at a home of a young boy jeffrey byrne who tony bryant says was with them when the murder was committed and who himself is a very tragic figure who committed suicide a couple of years later.

so the two remaining gentlemen, i've spoke to them both, one of them lives in portland, oregon, the other lives in bridgeport, connecticut, and both of them acknowledged to me that they had been in greenwich that night, that they had stayed at the home of jeffrey byrne and they told me details about that home that nobody could have known of. of course, you know, these were admissions against interest for starters. >> but they both say that they didn't kill martha moxley, right? >> yes, and they both say that they didn't kill martha moxley. but again, in answer to your original question, no judge has ever -- there has been no police evidence. the only police evidence, in fact, was that when martha moxley's body was found, that there were african-american hairs on her body which nobody was ever able to explain, and

you know, one of these boys is african-american. >> so how do you make sense of this then, that something that was so apparent to you, that you were able to get a tip from a cbs news producer and pretty much piece together this theory yourself, has not reached the eyes of investigators, if there were really anything to it? obviously the two men deny it but other than that? >> well the cbs producer had actually approached the police officer who is in charge of this -- who made the very, very dogged investigation and corrupt investigation of michael skakel over the years, who is determined to put, you know, it was -- he was determined to put michael skakel, or originally tommy skakel and later michael skakel in prison, one of the skakels, he wanted a skakel in prison. the cbs producer approached him, frank garr, the police officer,

frank garr refused to talk to him and the cbs producer says that he also approached mickey sherman, but that mickey sherman never followed up on it, so i followed up on it and michael's attorneys have since followed up on it, and i think that this is the kind of evidence that if michael skakel is tried again that this evidence will come to light because he now has competent counsel and that maybe it's a possibility that martha moxley's plurd finally be solved. >> and you think that anything that's developed will be more impressive than what was convincing to the jury when your cousin was first tried? >> well it was convincing to the jury because they didn't hear the exculpatory evidence that was available to mickey sherman. you know, michael, as i said, was 11 miles away with five eyewitnesses. four of those eyewitnesses were

family members, so you can discount their credibility, but one of them had no relationship with michael and he is a psychiatrist. he distinctly remembers michael being there, but he was never -- mickey sherman knew of his existence but never bothered contacting him, and then the family members who were contacted were never prepped for their testimony. so they were never given the statements that they had made at that time about where they were that night and what they were doing that night, so for 27 years they hadn't thought about this, and it's not like they were thinking the whole time, oh, well, michael skakel is a suspect. what really happened? because michael skakel had never been a suspect in this case, so what they had been doing that night, they had been far away from where the murder was and it was a tragedy, and a curiosity for them, but it wasn't something where they were thinking, you know -- it wasn't

something that they were preoccupied with for 27 years, so the job of an attorney, particularly a criminal defense attorney was to locate all of the police reports which mickey had that were given at the time and the depositions made at the time and provide them to the witnesses. >> he didn't do it. >> what happened was -- and he didn't do it and the family members who finally came on the stand were completely unprepared for their testimony, and they would be asked by mickey or by the prosecutor what happened that night, and one after the other they said i really don't remember. >> right. >> because it was 27 years ago. >> right. >> and the jury looking at that could easily say, well, look, his family member won't even defend him. >> right. >> so he must be guilty. >> bobby, this is a lot of intriguing and provocative stuff you brought to us today. i appreciate you taking the time to do it and obviously we're all going to follow this story to its conclusion. thank you for taking the opportunity to share your thoughts on it this morning.

>> thank you, chris. >> kate, over to you. >> thanks, chris. coming up next, two american citizens abducted at sea, nigerian officials say the kidnappers were pirates. the question this morning, can they be caught and will the americans be brought home safe?

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welcome back to "new day." let's get straight over to john beman in for michaela for your five things to know for your "new day." the white house promises to

review surveillance procedures at the nsa as france and germany call for talks over spying. contractors that helped build the obama care website told congress they did their jobs but blame the administration for moving too fast, not leaving enough time for thorough testing. five people injured in a carnival ride accident at the north carolina state fair, the victims were thrown off of a pendulum swing ride called the vortex. demolition under way at sandy hook elementary school in connecticut. contractors are being asked to remove all of the traces of the building where 20 first graders and 6 adults were killed last december. the world series knotted up at 1-1. the st. louis cardinals captures game two by a 4-2 score thanks to two boston errors in the seventh inning that erased a 2-1 red sox lead. we are always updating the five things you need to know. go to newdaycnn.com for the latest. >> thanks, john. this morning a search is on

for two americans kidnapped by pirates off the coast of niger in a. the captain and chief engineer were working oen an oil supply vessel at the time. the nigerian military is ordering its navy to search for them. barbara starr has been tracking all the latest developments. >> good morning, kate. disturbing and violent attack on these americans, publicly at least no word on where they are, where they've been taken, not even their names have been made public. the two american mariners, the captain and chief engineer, were kidnapped off this ship named "the sea retriever," attacked while traveling off the coast of nigeria, resupplying oil installations. u.s. officials say here in the gulf of mexi gulf of guinea it was another act of piracy on the high seas. >> we are seeking additional information about the incident so they may contribute to safely resolving the situation. obviously our concern is for the safe return of the two u.s. citizens. >> reporter: the "sea retriever"

is owned by edison chouest offshore. oil facilities, shipping and personnel are rising steadily, 62 last year, an increase from each of the two years before. >> they're out for anything they can get their hands on, cargo theft is a large part of it, be it machinery, supplies, be it the actual fuel, be it prisoners that they take ashore and hold ransom kidnapping. they're looking for money. >> reporter: the rise in violence off western africa is in marked contrast to the decline in attacks off somalia on the east coast, where the world's attention was riveted in 2009 when navy s.e.a.l.s rescued captain richard phillips after he was held by pirates. now a hollywood thriller starring tom hanks. maritime security has significantly improved off

somalia but off the coast of nigeria, a different story, even now, european warships are off the coast, part of an exercise to improve security in this very unsettled oil-rich area. the nigerian navy issued a statement saying it will stage a rescue attempt but u.s. officials are saying the first thing that has to happen is somebody has to figure out where these men are being held. chris? kate? >> barbara, thank you for the reporting this morning. coming up on "new day" an emotional scene at a utah courtroom, two sisters testify against their own father at his trial for murdering their mother. our legal experts break it all down for you. this is the quicksilver cash back card from capital one.

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welcome back to "new day." this macneill murder case gets

more heart wrenching to watch. the defendant dr. martin macneill stands aused of killing his wife and taking the stand to testify against him, including his oldest, rachel, listen to testimony. >> how close would you describe your relationship with your dad growing up? >> very close. >> and why would you say that? >> growing up, my father was my best friend. he specifically said to me that he was concerned that there be a police investigation, that he didn't want anyone to think that he murdered my mother. >> did at some point you become aware that the relationship between your father and gypsy willis was something more than a nanny? >> yes. it just was obvious that, she's just goo eyes at my dad. >> i mean, it is something to listen to, the question is, what does it mean in this trial? let's bring in hln's vinnie politan and danny cevallos,

criminal defense attorney. vinnie, i start with you. to hear a daughter testify, a parent, very compelling, but to jurors, do you think this plays more as they're upset about the affair, about the other woman, or they believe their father killed their mother? >> well, that's going to be a challenge for prosecutors, right, because they don't have the science in this case so they need these witnesses to be powerful and persuasive. once you put sister after sister on the witness stand i think it will come through to this jury it was much more than we're mad about an affair. we're angry because our mom isn't here and we know that dad is responsible and this is rare, chris. this never happens, children are usually in denial, even adult children in denial, despite the evidence, but not in this case. >> a strong point from vinnie, danny, that usually children don't do this, although they are adults, the ones who testified

so far. what are you hearing or not hearing in this itment from the defense perspective? >> you hear clearly a daughter, like many other daughters and children, who are not happy about dad with somebody new, in this case the nanny, and it sounds like a pretty, a really suspicious relationship. however, and we have to answer this question as a society, are we going to hold defendants liable in the case of a husband he moves on, marries the cocktail waitress and looks suspicious because he had a motive at least to commit a crime to make his wife go away. look, i mean unfortunately it's a sad fact of life, this goes on in america a lot. husbands look to move on to another wife, and it's a sad part of life. the question is, as a society, are we going to say well that is such strong evidence of motive we'll let it overcome the fact that the science just snt there. three prosecution m.e.s all agree, c.a.d.iac arrhythmia could have caused this death. >> vinnie, how do you deal with that? all of this salacious details

coming through. are prosecutors putting together the elements of a crime? >> yes they are and here is the thing. everyone has to understand i think the jury will understand this is that the defendant is a doctor. so he is able to attempt to pull off the perfect crime by manipulating the situation, knowing his wife's medical situation, knowing what pills that she was taking and how vulnerable she was. you have to look at the circumstances surrounding what happened. it's not just a guy moving on. moving on is, my wife is dead, okay, what's next? no, the whole reason his wife is dead was because of what he wanted to do here with this woman, gypsy, and that's the message that has to come through to this jury. it's not just, oh, he's moving on. no, no, no. she is the motive. she is the reason, she is part of the whole plan. my goodness, he's fixing up the basement for the room she's going to move into before his wife's even dead. >> that doesn't sound good. >> of course not.

he doesn't sound like a tremendous guy. when it comes to character, he ain't got it. however his character should not be part of this case. this motive is just repackaged character. character evidence generally not admissible but motive is, to prove intent, and the prosecution is hammering home motive because that's all they have. >> why is it all they have? circumstances in the bathtub don't seem to mayke a lot of sense, an odd laceration on the head, the combination cocktail of drugs, the doctor who did the facelift said i only did it because he was a doctor and asked me for these types of drugs. >> so many to respond to. number one if the doctor, the prescribing doctor is an independent professional, he should have -- if he didn't want to prescribe those drugs he didn't have to. when you say to use your words, the way she was in the bathtub didn't make sense. when things don't make sense, that's a signal to a defense attorney who hammer home in a closing arcmegument, if it does make sense has the prosecution

met its murder. one last thing vinnie said which is this, if there isn't -- you cannot say in a criminal case if the prosecution's chief evidence is hey there is no evidence because he's the guy that knows how to hide evidence, you see this in police officer defendant cases, too, therefore the evidence must be out there. this guy is just really good at hiding it. that's not a very strong case in chief. >> vinnie, that sounds pretty compelling also. so where does the prosecution go putting on gypsy willis -- >> not to me. >> why not? >> they're going to put gypsy on today and this is again a crucial day. this is why it's not so convincing. he's able to fool other medical examiners because he knows what they're going to be looking for, but he's not fooling the rest of the world as to what he's doing. my goodness, he puts together this staged meeting, chance meeting with this woman who turns out to be a nanny who all along was his mistress before his wife died. my goodness, he's putting together, fixing up a room for

her to move into the house before his wife is even dead. i mean, the things that he is doing everything in his life is all centered around and focused on being able to get gypsy into his house and the only way can he do it is his wife is out of the house. she wanted to put off the plastic surgery. he pushed it forward. his daughter wanted her to push it off. he pushed forward. his daughter wanted to be next to her to take care of her during the summer but he said no, we have to do the plastic surgery now. danny, have you ever heard of anything called emergency plastic surgery? no! no, it doesn't exist, danny. it was the doctor's crazy plan and he got caught. >> hold on. vinnie, leave it there. you're using a lot of my goodnesses today. i know where you're going when you use a lot of my goodnesses. i appreciate the analysis. we have another big day of testimony the alleged mistress, gypsy willis on the stand today. we'll unpack it after the testimony is brought in.

thank you to danny cevallo is envinnie politan has always. coming up a sad revelation from quarterback brett favre, his new fear since leaving the game. rachel nichols is here to talk about it. [ man on radio ] there's an accident on the freeway that hasn't been cleared yet. ♪ uh! i just want to celebrate [ male announcer ] every time you say no to a cigarette you celebrate a little win. nicorette gum helps calm your cravings and makes you less irritable. double your chances of quitting.

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he fears that he is losing his memory and can't remember one part of his daughter's childhood. what has been, what has the toll been on this player as well as many others, after countless concussions? let's bring in rachel nichols, the host of "unguarded with rachel nichols" premiering tonight. we want to talk about the show in a little bit. but first what we're hearing from brett favre for the first time he's nervous this is having a lasting impact. >> this is very frightfrighteni especially for brett favre who had the mentality slap a band-aid on it and get back out on the field. this is a guy who was football's ironman, played in more than 300 games and he was a guy who had so many concussions he can't even remember how many he had. it was a concussion that ended his career, he hasn't played since he got slammed against the chicago bears and now the bill is coming due and that is a scary proposition for a lot of guys who have a lot of former elite players who are just starting to realize the cost of

the game that they loved. >> so what do we do? we keep hearing the stories, you tell them eloquently, usually get them before anybody else, but what do we do with this information? >> well, they are trying to make the game safer, but the ultimate question is going to be, can you do that? is there a point where football is a violent sport and by its nature is our lust for the way the game is going to be going to ever be compatible with keeping these guys safe after their career, letting them play with their children, or will we have to wrap everyone in cotton balls so much that we wouldn't be able to have an envelope anymore in the way we want to. the nfl is a big business, billions and billions of dollars. it is our most popular sport in the country and yet there are serious questions about the safety of the people who play it. >> this is definitely one of the topics that you'll be taking on in "unguarded" premiering tonight. what can we expect tonight? >> we're going to be talking about issues like this, things that extended beyond the field, we like to say the end of the game is just the start of the

story and that is true when we talk about brett favre. >> that's good, the end of the game is just the start. >> jealous. >> that's good. >> if you weren't waking up at 3:00 in the morning you could think about catchy phrases like that but we'll move on. we want to talk about the issues beyond the field, the issues that extend and the way sports touch all of our lives and also talking to some big named athletes, finding out what it is like to be what has become in our culture some of the biggest celebrities around and sort of their more human side and also just talk to them about the issues that are the same for them as they are for us. on our first show tonight i went to china with lebron james, he takes this trip every year, it is absolute insane bedlam, and he never invited cameras along before so this is an exclusive all access look at the crazy scene that we see with him, and yet for all of the insanity, for all the people screaming and cheers, he is a dad away on a business trip half way around the world, and he has some very

touching moments where he talks to me about missing his kids, screwing up the time difference and annoying his wife call her at 2:00 in the morning, trying to figure out how adventurous he wants to be with food and he's the kid from akron, ohio, who never believed he'd get outside of his state. he was amazed when he went to a basketball tournament when he was a freshman. people know who i am 120 miles away? now people know who he is 8,000 miles away and him being candid about that experience is charming. >> does he talk about the future at all, this season, how important a third, fourth, fifth, sixth championship could be to him and also where he might play? >> that is the big question with lebron james, what is going to happen when he has an option to leave the meem heat hemiami hea at the end of the season. he said he actually wants to see how this season plays out. he wants to know how his team is going to do, he wants to know

what they would have going forward. it makes sense. we just all want an answer now. he's taking the more conservative, smarter approach. >> no vested interest in this, who is going to win the world series? >> it's not like you guys have a little competition going on or anything. >> just looking out for john berman. >> it was so much fun to see it get a little more even and competitive. it looked for a while we were going to go back to st. louis with the red sox taking a 2-0 advantage. i know there's a lot of people who would have loved to have seen that but for those of us who are just baseball fans and love to see competition the idea of it being 1-1, everybody scratching and clawing all in it's exciting. >> exactly. just want it to be a good series, exactly. >> except for johnberman. >> i think it's going to be great baseball. >> there you go. >> lied. go ahead. >> thanks guys. >> be sure to catch "unguarded with rachel nichols" kicking off at 10:30 p.m. eastern on cnn. we'll be right back. when our little girl was born, we got a subaru. it's where she said her first word.

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thank you for watching "new day." have a great day. before you start it, you have to get with carol costello in "the newsroom." thank you, have a great weekend. >> thank you, chris, kate, thank you. who is that over there, john berman, thanks so much. i have a tiny, little monitor. have a great weekend. >> josh berman. >> thanks, carol. >> see you later. "newsroom" starts now. -- captions by vitac -- www.vitac.com happening now in "the newsroom," breaking overnight, state fair tragedy. >> they told me that the ride had stopped and they were fixing to off-load when the ride started off again. >> reporter: five people rushed to the hospital, some victims as young as 14. plus, back to school,