i'm brianna keilar turning you i'm brianna keilar turning you over to erin burnett right now. -- captions by vitac -- www.vitac.com >> next a war on the 1%. the man who compared the experience of wealthy americans to a deadly nazi campaign is at it again. what he's saying now in defense of billionaires. and american speed indicators reportedly blaming their poor performance on their hi-tech suits. are the uniforms slowing them down or just sore losers? plus, philip seymour hoffman's alleged heroin dealer in court today. his lawyer our exclusive guest tonight. let's go outfront". >> good evening, everyone. i'm erin burnett. out front tonight a war on the

1%. that was the name of an event in san francisco last night attended by nearly 300 people where billionaire tom perkins again claimed na the rich in america are under attack. you may remember perkins. he was the venture capitalist who compared the vilification of the rich to the treatment of jews in nazi germany and he apologized for that extreme comment but doubling down on the sentiment. his latest idea, if you have more money, you should get more votes. >> so the tom perkins system is you don't get to vote unless you pay $1 of taxes. but what i really think is it should be like a corporation. if you pay 1 maryland in taxes, you should get a million votes. how is that? >> perkins later said his intent was to be outrageous but he's not the only member of the 1% fighting back. investor sam zell and the ceo of the fashion company nicole miller also got attention for defending the rich.

>> this country should not talking about envy of the 1%. it should talk about emulating the 1%. the 1% work harder. >> we've got a country that the poverty level is wealth in 99% of the rest of the world. so we're talking about woe is us, the guy that's making, oh, my god, he's making $35,000 a year. why don't you try that out in india or some countries we can't even name, china, any place. >> is there really a war on the 1%? joining me columnist ray han salaam and paul begala. you love this topic. paul, i know this makes your blood boil. the tom perkins comments last night. i'm up at all hours of the night now with an infant. i see everything that happens during the night east coast time. i saw a tweet you forwarded, it was a picture of a hopeless away

from where the war on the 1% was going down. you reacted viscerally. i saw that tweet. journalist was covering the speech. i was covering it on his twitter food feed. jesus said the poor will always be with us. i think most americans want to do more to lift people up. it is ironic two blocks away from this man clearly suffering, there was a billionaire whining, whining that he's being picked on. i mean, when did the wealthy an become such wimps? quit whining, mr. perkins. pay your fair share of taxes, which is what, 39.6, really? that's a war? give me a break. >> that's interesting, because in many locales in this country, it's 39.6 plus your state, plus your local, plus your capital gains. the numbers get up to 60 plus percent. >> certainly in california yes. >> here's the question though. are wealthy americans unjustly

vilified? this comment you don't get to vote if you don't pay $1 in taxes. he said these kinds of things several times. it's safe to say he pretty much believes it. >> you know i would love to see a world where we paid as much -- i would love for us to pay attention to a criminal justice system that wastes is huge amounts of money putting people behind bars instead of whatever the hell some old rich white guy has to say. it's let's focus on public institutions failing not because they don't have enough moin but because they're run by bozos. >> you changed the topic a little bit. paul, let me ask you this though. tom perkins is doubling down, right? the wealthy are persecuted. when you talk about paying more taxes, according to the tax

foundation, the top 1% pay more in taxes than the entire bottom 90%. the rich paid 19% of taxes and now pay 35%. when you look at it that way and you can slice these numbers a lot of different ways, that sounds like they're certainly paying more than their share. it's one set of numbers. >> i think they should pay their fair share. people now have agreed with the top marginal rate at 39.6 which is what they paid under president clinton. we had a marxist paradise with 23 million jobs and more billionaires created than under reagan or any other presidency. the notion that mr. perkins raises perhaps. >> easy word 0 throw out there? but what the heck is it? it sounds to me when people use that rd would, they're saying it should be more. if they're already paying more than the bottom 90%, how much more. >> they're not. it's like cigarette smokers may all the cigarette taxes.

people with high income pay higher income taxes. poor people pay property taxes and working people and poor people as we ask discussed fund this government in this country, there's nothing -- nobody wants to be demonize rich people. nobody does. but i will not allow this man to say he should have a million votes when, say, there's a staff sergeant in the army who was awarded the congressional medal of honor that makes 30 grand a year and he should be shut out of voting so in this mr. perkins because he's rich. >> thanks to president reagan and clinton and a variety of other folks, actually a lot of poor people for very good reasons actually wa pay negative taxes because of things like the earned income tax credit. a lot of people get refind funds that help them lead decent lives. the truth is that the taxes now are actually higher than they were during the clinton era for a variety of reasons. we're talking about investment taxes, a wide range of other

obamacare taxes, as well. as the a more complicated picture. it's not quite that simple. fairness is always more and we never ask, is government spending the money as well as possible? we're trying to pit the rich against the middle class against the poor rather than ask the real question, which is how well is this money actually being spent in practice? ing. >> let me just give you all a brief glimpse of how this is playing out politically because it is. it isn't just some rich guy talking about this or rich guys saying things how rich people give more to society and should have a million votes but it's playing out in politics. joe biden and chris christie can weighing in on this. let me play it. >> the middle class is being clobbered. you know, they talk about the fact that we shouldn't be talking about income inequality. i think it would be a sin if we didn't talk about income inequality. >> that's mediocrity. everybody can have an equal mediocre salary. that's what we can afford. or do you want the opportunity

for greatness? >> look, i this i that -- i think christie gets a lot right. >> who gets the votes for those two comments. >> christie understands what's really going on. in his state of the state address, he take talked about america is a country wasting human talent. by talking about income inequality, we miss the real story going on in america which is people in the bottom fifth of the country are not escaping that bottom fifth because we're not creating enough jobsen an opportunities for those people. that's the real question. we want to talk about rich guys being ob inform noxious and being silly. we're not talking about how do we fix the problems for people at the bottom. clinton got this. >> supposed to dividing up the pie you have. >> his democratic successors do get this. >> look at president obama's state of the union where he did not talking about income inequality. he makes an important point

here. if you can invest and grow and the country only grows when the middle class and poor are doing better. we tried it with bush, we focused on the rich and the economy collapsed. if you do what president clinton did which is focus on working and middle class people, even poor people, lift them up? guess what happens. bill gates get gets all the richer. al walton family, the wealthiest family get all the richer. their fortunes are built on the american middle class. we think that's great. but even rich people will only do better if the middle class is what we focus on. this is the key here. democrats are talking about lifting up, not leveling down. there's a huge difference. people like mr. perkins -- he is his own worst enemy. he is hurting his cause. >> how do you do it through tax aches? isn't that just redistributing what you already have? >> what you do is take income at some small slice, 39.6% top marginal rate and invest it in

things he's talking about. >> programs that aren't working >> we decoded the humanet cleat wealth. taxpayer money created the internet. that's created billions of dollars of wealth. >> we keep spending more and more an it's not work. we need to build better institutions. it's not always about more money, paul. more money isn't always the solution. it's about reinventing >> i love you both on this topic. i hope you'll come back and we'll continue it. i have a lot of stats to go through. thanks very much to both of you. we still want your comments on this as we tackle this issue. now as you can see with chris christie and joe biden, it's one of the biggest issues in the country. >> up next, could a white man hon fatally shot a teen in florida get off? plus a jackpot for weed. another green light for pot from the obama administration.

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now to the travel nightmare affecting millions of americans tonight. in the past 36 hours, there have been more than 8,000 flights canceled, thousands more delayed after the massive winter storm leaving travelers stranded from atlanta to boston. making it a brutal start to the

holiday weekend. this was the scene in charlotte earlier today. some passengers forced to spend the night at the airport. >> it's pretty frustrating and it's really frustrating because we've been given a variety of reasons why they canceled the flights. >> similar frustrations in new york, washington, boston, long lines unavoidable. thousands stuck with no idea when they'll get home. by the way, it's been a really horrible year for airline travellers. here's the statistic. more than 75,000 flights have been grounded in the united states this year. which is the biggest disruption in the airline industry since the september 11th terrorist attacks. cnn meteorologist chad myers is in the severe weather center tonight. chad, that is incredible. that statistic. 75,000 flights. the most since 9/11. >> you think about on average, 100 people per flight. you do the multiplication, that's 7 million people. when does it get better? everybody wants to know that. the answer is simple is when

there are more seats leaving than people trying to get on them. that's the only time it gets better. if a plane's 0, 90% full if it wasn't, they'd cancel the route anyway. charlotte canceled 169 flights. that's 20%. newark 164 flights were cancelled. that's 25% of the flights. philadelphia 1 o 4 flights, and laguardia 17%. if the flights are 90% full and only 80% of the flights are leaving, we didn't make any progress today. we got no more people where they wanted to go than we had because we couldn't get enough planes in the sky. there are right now the 5,800 planes out. it's just the capacity of these planes, planes are always so full. try to get an upgrade. can't do that. even on a diamond, silver it, whatever you are, people complain they can't believe how full the planes are. there's another storm coming because there's snow in indianapolis and cincinnati and snow into west virginia, warnings all the way across.

yes, even into pennsylvania. the biggest story will be boston. if you're stuck there you might want to get on a train to new york and try to get out of there because a blizzard watch now from coastal about cape cod almost to boston ain'ter storm warnings are now posted there. >> wow. >> thank you very much. pretty amazing the math of it. i love thatport. that's what it comes down to. you realize no progress made. thanks to chad. the nightmare at the airports chad's talking about is a horror show on the roads. it's not as if suddenly you zrid to drive it's better. incredible pictures. a massive accident on the pennsylvania turnpike. more than 100 vehicles involved in a series of wrecks that injured at least 30 people. people described as cars bouncing off at high speed. icy roads left over from the winter storm are the blame. margaret conley was in the middle of it for several hours and file this had story out

front. >> a massive pile pile-up on the pennsylvania turnpike. >> i hit the brakes a bunch of times but couldn't stop. i probably hit the car in front of me doing 20. >> 100 cars and trucks crashed into each other in a series of at least 209s separate accidents. >> i said i survived and somebody comes flying in back of me. >> heather was sandwiched between two instruction. >> i looked in my mirror and there was a big moyer truck behind me. he was trying to stop but sliding and he slammed right into the back of me which then made me slam into the car in front of me. >> cars backed up for more than three miles, spanning across two counties. drivers stuck for hours all wait for the wreckage in front to be cleared. ashleigh was on her way to work but ended up stuck for well over four hours. so she hiked to a sandwich stop, made a big purchase and handed out sandwiches. >> it's making good of a bad situation. >> for 30 people, a very bad situation landing them in. the hospital. five with serious injuries but not life-threatening.

>> we saw mostly what we would call soft tissue injuries, bumps and scrapes kind of injuries and you'll see sprained necks, et cetera. >> rich yager's grateful he survived without a scrape. his new volkswagen golf not as lucky in your not on an icy patch, you get through. >> the purpose tyke you can see behind me is now open. more patients that were taken to the hospitals have been dispatched. those cars that were part of the pile-up have been taken to a separate location where police, they're investigating them. that's expected to last through the weekend. >> coming up, the u.s. speed skaters having real trouble in sochi and they're blaming their clothes. does that excuse add up? plus, a man suspected of selling hoirn to philip seymour hoffman faced the a judge today. his lawyer is a guest tonight. and how a tiny town in wine

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america's struggling speed skaters are they the victims of a wardrobe malfunction or sore losers? so this is a team, keep in mind, this is a seriously amazing team. they won four medals during the vancouver games. this time around they have failed to reach the podium. no skater has inned better than

seventh place from the u.s. the squad apparently blapg the perform ons on the design of suits made by under armor. they claim the vent on the back of the suits created drag and slowed them down. we've just learned they'll be wearing an older version of the suit for the remainder of the games. is the suit to blame? joe concha is out front. this is a country where everybody's a winner now and nobody's a loser. maybe it's okay to blame the vent on the back of your suit? >> is that sarcasm? >> a good craftsman never blames his tools. the tone at these olympics handed well before the olympics began. remember that brown water, those glasses and the toilets? because brown water never happens. at the super bowl we had a blackout for 45 minutes.

>> that is a good point. >> even in this year in jersey, you could have walked from new york faster than get over there. yet, it's complain. sochi is horrible. now the athletes are toing suit whether it be bode miller, shaun white or the u.s. speed skaters. >> all that point taken. but the races are decided by hundredths or 000 sandths of a second. they're going back to an earlier verse of the under under armor suit. you would think they would have tested. >> it's a fantastic company. i went to the maryland at the same time the ceo did. >> are you a terp? >> yeah. kevin was actually a walk-on. he used to sweat through his stuff so much it weighed him down. he invented underarmor. all of these years later, he graduated in '9, all of these years later that the team is not winning because after its uniforms, all i can say is if

they don't win now that they've switched back, they're run out of excuses. >> it's interesting you're saying this is part of a broader cultural phenomenon. we blap, we blame. americans. >> in general, right? one guy who never blamed and never complained announced his retirement this week at the end of this baseball season. his name is derek jeter. the thing about jeter was, he didn't have the greatest numbers, wasn't the best defensive shortstop but he was a winner and never made excuses. what we're going to see this year, you're never going to see an athlete more celebrated in terms of his retirement and celebrating his career than with jeter because he didn't china. he didn't complain. we see the same thing with mike jordan and peyton man. the winner who's never complain, we pay attention to and put up on a pedestal. when bode miller says the skiing conditions aren't great and that's why i didn't win in, vancouver it was warm there. he won a gold there. we didn't hear a thing from him.

shaun white, that half pipe is dangerous. everybody else that competed that night didn't have a problem with it. the real winners like jeter, you never hear a people out of them. >> joe, thank you very much. >> good to see you again. happy valentine's day by the way. >> thank you very much. we're going to be talking about that later in the show. we have an interesting take on the day of the valentine. still to come, a white man fatally shoots a black teen in florida over loud music. the question, will he get off? then president obama's pot deal. his latest decision cog forever change how marijuana laws are enforced. and the truth about sinkholes. just how big could the next one be? this, being carried in your arms... but after a morning spent in the caribbean, playing pirates with you in secret coves, an afternoon swimming with dolphins, finished with a movie watched against the setting sun...

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second half of outfront". president obama's pot deal. the u.s. government for the first time is giving banks the all clear to do business with licensed marijuana companies. obviously, this it is very good news for pot businesses because a lot of them have been dealing with cash. them not be worried about not being prosecuted by the government. today a major headline from saudi arabia that i saw. women have been officially banned from seeing male doctors without having a male guardian also present. according to arab news.com, guardians include sons, grandsons, husbands,or

or uncles. saudi women are not free to do much on their own. they cannot drive. and now they have to show even men what they look like naked in the doctor's office in the name of protecting their their virtue. these pictures are of an ash covered jakarta after a volcano erupted. look how thick it is, like an inch or two. it has been raining pebbles and ash for two days. government is on high alert. two of three people have died of smoke inhalation. the military has been called in to help evacuate more than 75,000 people from the area. indonesia is part of the pacific ring of fire, an area known for powerful earthquakes and volcanic eruptions. a runaway camel near los angeles. authorities today received a call this camel was running loose attacking people and chasing cars. i question the motive of the use of the word attack.

the camel did apparently nibble somebody. they don't believe the injury is serious. camel is now in custody. animal control said they had to quarantine him because of the bite and the alleged owner does not have a permit for him. we're told the camel will not be euthanized. it appears jurors are struggling to reach a verdict in the so-called loud music trial. they're going to be back at it tomorrow morning at 9:00 a.m. eastern trying to decide in michael dunne is guilty of first-degree murder for 17-year-old jordan davis who is a black teenager. just hours ago, the injury asked the judge if it's possible to not reach a verdict on one count but reach a verdict on others. the judge said yes. now, the state has charged michael dunne with first degree for the killing of davis at a gas station? jacksonville florida and charged with three counts of attempted murder for the shots fired at an suv with teens inside.

judge glenda hatchet and jauj johnson, a criminal defense attorney. i appreciate your taking the time. janet, what did you think when you heard answer the jury asked the question if they couldn't reach a verdict on all counts? this is a case i know not everybody agrees but with all the gunshots that were fired, people thought guilty or innocent, this verdict would be quick. here we are going into the weekend. >> i was at the courthouse when the question came down. my first impression was it's not going to be not guilty. they're not believing it was self-defense. count one is the murder. then all the other counts would be not guilty. if this was justifiable homicide, there's no attempted murder or shooting into the occupied vehicle. what i think and what everyone at the courthouse think they decided maybe the four counts of attempted murder and shooting into the vehicling are guilty. but they don't know whether it's first degree, second degree or

manslaughter and may get hung up on the murder charge. >> judge hatchest, do you think there's a chance he could be exonerated by the jury. >> it's interesting because we don't know who posed the question. when the jury brings back a question and pose it, you don't know if it's one person's question or if it reflects the entire panel. it may be just to satisfy an answer for one particular juror. so the real question for me is whether it is a discussion that maybe they aren't going to find first degrees murder or maybe it it is so divided in that discussion it may be a hung injury. i think we're trying to read the tea leaves in this, but until we get a verdict, we honestly will not know. but i do think. >> but judge. >> go ahead. >> what about the fact that same that they asked that question, they also said can we take a 30-minute break which implies to me, things were getting a little testy. they needed to separate and maybe they were deciding on some

of the counts but not that one. >> i agree. or the other thing could have happened, janet, they needed a break just to let tempers cool down because there may be a real division in that jury room that they can't come to a verdict. >> let me ask you all about that and how this jury, with the zimmerman, trayon martint case, we talked about the makeup of the jury. in this case, four white males, an asian female and hispanic male. a very diverse jury. again, i get to this point of this was not a case guilty or innocent on the verdict that anybody thought would take this much time. never mind going to a weekend when you have jury who says they don't want to be doing this over the weekend and they're sequestered. >>en an its an valentine's day. >> it's a long weekend. monday is a holiday. i'm surprised it has gone over into the weekend. i really am.

i wouldn't be surprised if we didn't get a verdict this weekend, frankly. >> wow. that's a pretty incredible statement. especially because they are sequest sequestered. >> they are sequestered. i think that is more of a concentrated, maybe they already want to get this over with. of course, we don't want them to rush and we want them to take their time. >> judge hatchet, do you agree with janet's point? she says they might agree on the first degree murder of this teenager jordan davis who was killed but not on the intent for the other three teens in the car. do you think they're going to reach guilt on than crucial first charge? >> they may we'll be. to janet's point, she makes a very good point. they may not be able to come to an agreement or decision that he should be charged on three counts of attempted murder because, his whole testimony is that he was focused on jordan davis. >> and the question -- let me ask you this. i'm curious what you think about

this, a lot of parallels have been drawn between this case and the george zimmerman case because of the similarities here, right? you have a white man shooting a black teenager. if he is found not guilty, mr. dunne, if he is found not guilty, there be a great area backlash than with the zimmerman trial? in this case, there were eight shots at this kid. it wasn't as if he stopped with one shot. there were a lot of shots. >> i absolutely think so. i think that -- one, i think erin and janet, can the nation is sensitized in a way they weren't before zimmerman. we have to be very honest about that. people are paying close attention to this case. i do think there will be a different kind of reaction because there was nos physical altercation between the two. this is a man who left the scene, who did not call the police. we could go through the whole litnif things that have happened

in this case not to minimize what happened in the zimmerman trial by any means. i've talked to people of all races, cultures, economic backgrounds, ages who were really outraged, not just africans americans who were outraged by the zimmerman verdict. i this i there's going to be some backlash on this. >> it's going to be fascinating to see especially as the jury goes into the weekend. help will soon be on the way to faerps in california struggling to make ends meet as they suffer through the worst drought in state history. the president of the united states is in california taking a look at the devastation. . the white house has pledged $100 million in disaster relief which will go to farmers responsible for producing nearly half the fruits, vegetables and nuts grown in the united states. it's not just the faerp hosz have been hit hard. there's only been three inches of rain in parts of california this year. some towns are running out of drinking water. we found one place making it through the drought thanks to an unlikely choice, beer.

and dan simon went out front. >> one thing has been pouring in clover dale, california. it's not rain. it's beer. its local beer company has been making beers for nearly 15 years and credited with helping to save the center from drought. richard nor grove is its ceo. >> when people say thanks to beer, clover dale is going to have its water needs met, you say? >> i say here here. >> it started with a problem that many companies would love to have. too much demand. this is where the production happens with 125 bottles getting if i would every minute. bear republic wanted to get that number up and an squares new space. there was only one problem, the city said it couldn't have any more water. with no water, there's no beer. >> what do you think? >> i think, well, maybe i need

to pack up and go somewhere else. >> the town would need two additional water wells. but clover dale, population 8700, lacked the money. nearly a half million dollars to build them. >> funding is always a problem for everybody and when you're a small city and we certainly are a small city, it can be even tougher. >> reporter: and what no one realized at the time, there was going to be an even tougher problem, a record-setting drought with the local reservoir dwindling to dangerous levels. but then came nor grob's irresistible offer. if we front you the money to put wells in, could we be somewhat guaranteed that we'd have water by july of 2014? >> the city took the money. and is in the process of constructing the wells. it's not a gift though. the money will be applied to water fees bear publrepublic wo have paid over time. in the end the town gets to make more beer and the town should

have more than enough water to weather the drought and beyond. >> i think it's beneficial that we give back to the community. this is one way we did it. it helped us and also helps the communities. >> for folks who live in the small northern california town, that's worth celebrating, perhaps over a beer. dan simon, cnn, clover dale, california. >> an uplifting story about the drought given how bad it is. still to.could, pope francis wants you to do something he cannot. and a man accused of selling heroin to philip seymour hoffman went to court today. his friends insist he's innocent. >> we're shocked and believe that he's being railroaded for political reasons. >> his lawyer exclusively outfront next.

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we are back with to know's outer circle. we start tonight in vatican city. pope francis decided to celebrate valentine's day and gave love advise to thousands of young engaged couples. i asked erin mclaughlin who was there what he said. >> he may not exactly be dr. love, but he sure can draw a crowd on valentine's day. some 10,000 couples from around

28 countries registered to attend a special audience with pope francis. there was music and comedy. i even saw smooching is going on in st. peter an's square before pope francis arrived. he fielded three questions from some of the couples in the audience. one asked him about the secret to a successful marriage. he said the answer lies in three words. permission, thanks, and forgiveness. he also had some advice for couple who's might get into an argument. he said, even if you throw a plate, never end a day without being at peace with each other. so there you go. some love advice from pope francis himself. erin? >> and that was very wise advice, but it brings us to our outfront outtake which is the valentine ideas a day is here. and love is in the air. all day long we spotted people on the nasty streets with all of the snow. they were carrying flowers and candy. social media users for once were

not being snarky but gushing about the loves of their life. tv personalities and guests wore red and pink to celebrate the most romantic day of the year. all over the world people smiled a little brighter. here we dismissed it as a hallmark holiday. a lot of guests said sorry, it's valentine's day. even cnn employees said, oh, can we not do this today? i want to leave because it's valentine's day. we thought come on. then john boehner sent a tweet saying you are not alone. and so we read on and the tweet said this. this valentine's day millions of americans have broken hearts from president obama's broken promises. wait, he was talking about obamacare? putting obamacare in the same sentence at valentine's day? that was just not romantic. then we found another debbie downer the dating website ashleigh madison which encourages people to have fairs. for the third consecutive year,

washington, d.c. came in first for least faithful cities. if the other occur mudge ons are john boehner ranting about obamacare and ashleigh madison.com, for that reason alone we needed to embrace the day of love. so we mean it, happy vaelt's day. let's check at what's coming up on "ac 360." >> happy valentine's day. >> ahead on "360," we have breaking news. a blizzard watch in effect in massachusetts. ugh. part of the severe winter storm punishing the east coast for days, threatening more misery for travelers trying to get pretty much anywhere. chad meyers is in the weather center for us. this question, if you're 6'5", 300 pounds like jonathan martin, nfl lineman, can you be bullied? the nfl today answered that question. what you might not note how things are run in an nfl locker room. i'm going to be joined by a

former player and cnn's rachel nichols. also, we go back in the baby lab at yale university to find out what's going on inside the minds of babies. what researchers have learned seems to suggest we're all born with a particular type of bias. this all coming up right at the top of the hour. aaron 'ain. >> i know they're born to not sleep. as john berman taught me, the father of twins. thanks, john. the alleged drug dealer suspected of selling heroin to philip seymour hoffman was granted a bond today. robert vineberg sat in the courtroom as his attorney said the 300 bags found in his apartment were for personal use. the self-admitted addict was arrested two days after hoffman was found dead from an apparent overdose. police say hoffman's number was found on vineberg's cell phone. his attorney edward kratt says they were just friends. thanks for taking the time.

>> i'm exstatic to be here. >> someone who would be here. let me ask you this. the judge didn't seem to buy the claim that you and your client are making that the 300 bags of heroin found in vineberg's apartment were for personal use. the judge said, if you don't have a job, why would you have this much cash sitting around if you weren't a drug dealer? what's your response to that? >> well, the judge had certain facts from those facts he drew certain conclusions. i have a set of facts that he's not privy to and i've drawn the opposite conclusion. >> what can you tell us that would of thatted that say you have 300 bags in your apartment and that is not anything more than you'd need just for personal use? >> mr. vineberg confided in me the extent of his addiction which is ten bags a day. so if you do the quick math, we're talking about 300 bags supply of a month. you know, i'm not contending

that each and every bag was for him but the substantial amount of drugs that were found in his apartment were for personal use. >> now, when you say you're not contending each and every bag was for him, obviously his phone number was found, phillip's phone number was found in your client vineberg's cell phone. that's one of the reason authorities think he may have been dealing drugs to lim. did your client ever give, sell heroin to philip seymour hoffman. >> i'd rather not comment on that. but i will say mr. vineberg and olympian hoffman were friends and had been friends for a considerable period of time. whether they bonded over drugs or bonded over their struggle to kick drugs, that's clearly an issue. >> so your issue is with the term dealer. it sounds like you're not really contesting that they may have sold him. they may have done drugs together. you're trying to say the dealing itself is a different thing? >> clearly, no profit motive

here at all. and that would be informed by the fact that you know, the small amount of drugs and small amount of money, $1,000 in the drug business is nothing. it's ridiculous. on top of that, there was no indicia of paraphernalia or in the apartment which would indicate a real enterprise supposed to having drugs for personal use. >> okay. so let me ask you this. robert vineberg says he's a scapegoat and told the "new york post" he could have saved hoffman. what did he mean when he said that. >> i think what he meant was that he had a personal relationship with hoffman. and that he might have been in a position to advise him or if he was in trouble to assist him in a certain way. i think that's what he meant. >> so when people obviously there's so much attention on this case and that's why your client ask getting attention.

if it turns they can prove that the hain, that dose he died from came from robert vineberg whether it was purchased without a profit motive or not, that puts your client on the hook for very serious charges. >> i think clearly at this point, that the prosecution has reached the conclusion that the narcotics that mr. hoffman took that rutted in his overdose did not come from mr. vineberg. there were two separate stamps, different stamps. there was different purity levels. mr. vineberg had not been in contact with mr. hoffman for some period of time. so. >> for some period of time. you're saying it wasn't part of the recent stuff that was found and philip seymour hoffman, it did not come from mr. vineberg. >> initially based on a statement of an informant, the prosecution had some question as to whether mr. vineberg was the individual who supplied

mr. hoffman within that fatal dose of heroin. clearly, i think they've come to the conclusion that's not the case. >> thank you very much, edward. we appreciate your taking the time as people follow this case so carefully and the tests that it may provide in terms of whether a dealer could be charged with some sort of murder in the death of an addict. still to.could, massive sinkholes have wreaked havoc in a number of states. is the worst of this behind us? we have a special report next. it says here that a woman's sex drive increases at the age of 80. helps reduce the risk of heart disease. keep heart-healthy. live long. eat the 100% goodness of post shredded wheat. doctors recommend it. they don't know it yet, but they're gonna fall in love, get married, have a couple of kids, [ children laughing ] move to the country, and live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some financial folks

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one of the stories we've been following all week is the massive sinkhole that opened up the national corvette museum in kentucky. eight clack cars were damaged. they looked like toys the way they fell. last night, we got an update from the director. he told me as a game plan for how to get them out of the hole involving a crane in through the roof. general motors is going to oversee is the vehicles restoration. our sinkhole segments have been popular discussions. we're all fascinated by them. over the past few months and years, are we've seen cars, trucks, boats, entire houses disappear into the ground with no warning. yet, some of the most incredible sinkholes exist where we don't see them at all underwater. one of the world's largest exists off the coast of the bahamas. this video shots by a world

champion free driver, we can see how exceptional the hole is. 663 feet. he touch the bottom and came back up. sounds incredible. did you realize sinkholes can be three times that size? three times that size and one could be under you right now. happy valentine's day. "ac 360" with john berman is next. >> good evening again and get ready again. winter taking another shot at the country and virtually no state goes untouched. it is breaking news tonight. also, the lowdown on the slowdown. how this weather is crippling air travel to a degree not seen in years and why there is still more to come. later, what's going on behind the baby blues? anderson's continuing series on how even the youngest children seem to be hardwired for grown-up thinking. tonight, can babies discriminate? we do begin though with the breaki