apologized to the city and people that on these two rounds we haven't helped them very much. >> will he the republicans use it against the democrats especially in southern red state election campaigns? barbara starr are, cnn washington >> hello again. these stories are topping the news this hour. two skiers killed by an avalanche. just a dangerous disaster this winter. michael dunn convicted in the loud music mur der trial. did prosecutors forget a crucial lesson from the travon martin case. one athlete found a new quest. saving strays in the streets.

in colorado the bodies of two sear e y skiers have been l. searchers have located beacons from the two before the bodies were located. stephanie, what is the latest in the recovery operation? >> reporter: they are racing against the clock today. once the sun goes down, they won't be able to do anything to recover the bodies. this winter it has been a deadly one when it comes to avalanches:baavalanches. we are in the midst of a his tore yik avalanche cycle. >> we are going to continue our mitigation efforts.

those have come with tragic circumstances. sunday afternoon, search and rescue workers found two bodies under the snow. the two were part of a team of seven that triggered an aft avalanc avalanche. the ground crew was able to find the signals for them. the first team that went up had to wait for safety clearance and they found one body and the team went to find a safe path for the second team to go. the thrill of a back country is alluring but it can also kill. this weekend's deadly incident follows a string of avalanches that took the lives of a string of people alone. >> cnn's gary tuckman recently

took the path highlighting the must having before you head out. beac beacon, pro, chshovel. the problem that we have in the state of colorado is that we have had a lot of snow this year. record snow fall this time of year. very deep snow. unstable conditions. >> people are going for deeper and untracked areas and just the snow pack right now is not c conducive to taking risks like that. >> and the other thing to keep in mind here is where these skiers are found is that it is a steep terrain. and when you think about this incident happened there around 6:00 p.m. they had a whole night out

there. very, very sad news today. >> it didn't sound like they had much of a chance. what about the skiers that were sent to the hospital. two of the skiers were sent to the hospital. and one of those three who was hospitalized has been since released. one may have a collapsed elung and also the identities of the two that have died. onto florida now and the both sides of the emotionally charged of the loud music trial. >> last night the jury found michael dunn guilty but on the most serious charge the jury deadlocked. mistrial. but dunn is still facing a lot of time in prison. martin savage, the reaction on

both sides? >> yeah, i mean last night the reaction outside of the courthouse here was immediate. primarily that it was focuseded squarely on 17 year old jordan davis. outside the courtroom different reactions. first from the parents of davis. >> listen to this. >> we are so grateful for the truth. we are so grateful that the j y juriers were so able to understand it all and we will stand and wait for justice for jordan. >> heart breaking to listen to the mother there. next up was the defense attorney. and he was talking about the

reaction of his client michael dunn who seemed like he was in a state of shock. even when he sat next to me he said how is this happening. i said i'll talk to you in the back. i didn't want to comment in the courtroom. it has not set in. i don't think it will set in anytime soon. >> it is expected that sentencing is going to take place at the latter part of next month. keep in mind that he faced 6 0 plus some years in prison as a result of the attempted murder charges that were against him. >> protesters marched outside last night after the verdict was read. >> he's got to go, hey hey ho,

ho! >> demonstrators had been gathering over four days. everything remained peaceful during those demonstrations. in less than a year two black teens gunned down in less than a year. could their deaths spark change? don lemmon will talk to college students. and you've heard about the games in russia right? there is another quest going on there. and that comes right from the heart. how one american olympian is trying to save stray doings in sochi. we don't back down. we only know one direction: up so we're up early. up late.

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to the winter olympics. if you don't want to know the latest medal count. team usa and the russians are tied for second with 16 medals including four golds each. and there is a story goes on outside the olympic golds that the russians don't want you to see. they are getting rid of stray dogs in sochi. a member of team usa is splitting his time on the slopes and saving animals on the streets. >> you may have heard that sochi has an issue with stray dogs on the streets here and police are shooting the dogs with darts.

kenworthy found a family of dogs living near the athlete's village. he took me to see them. we were here last year for the teste vent. and there was a stray that was living outside our hotel that i tried to bring in and got in trouble for it. i heard that they were rounding them up and exterminating them and trying to keep them out of the pub p lick view. i wasn't trying to come here and be a spokes person. but this particular family touched me. i think they are so cute and they need some help. i'm going to try and bring this family home. hi, you are okay. look, come here. >> you are going to have to give this one a russian are name.

i like sochi, kitor, rosa, silver. >> are you going to show her your medal here? victory. >> gus has found family members and friends to adopt most of the dogs but p the guy you saw at the end that is the run that he is keeping himself. there is a local russian billionaire that is helping gus with the paperwork so hopefully this whole rescue mission will go smoothly. >> let's hope it works out for him. thank you so much. >> still oversees. diplomates held peace talks in syria. will the u.s. sit on the sidelines or get more involved. we'll talk to cnn's candy crowley next. s getting him to w

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the death toll keeps rising in syria. that civil war has claimed many lives. there has been a war within a war. all of whom are opposed to the assaad regime. we have an exclusive report now from the killing fields of the

syrian turkish bordeborder. we cross into the area that was controlled of the islamic state. we were told, issis came in and took over the area. >> this was the main checkpoint leading into the area. as part of their terror tactics eyewitnesss were telling us that they were leave some of the bodies of the people that they had executed so that every car would be forced to slow down and could not ignore that brutal message. freshly dug up dirt marks the graves of some of the victims. >> there are two cars here and

some cars near the northern area. >> anyone who dared defy them payed a price. >> even smoking was banned. this was the order of the headquarters and everything here the walls were painted black. they had been freshly painted over in white. when it was under control, at a time like this. and it is friday and prayer time, none of these people would have been able to be out on the street. >> many here don't want their identities revealed or to be seen talking to us. many fear they could come back. cnn, syria. as the death toll rises in syria. more questions about the role that the u.s. should play in resolving the conflict. john kerry issued a statement on

the resolved peace talks. we remain committed to the efforts to find a commpolitical solution to the endped of the conflict end quote. the opposition and the government, however, agreed to a third round of talks. let's bring in cnn's cheer correspondent. you talked about this on your show today. there are discussions in washington now if you change strategy to what degree. there are discussions about changing strategy. the real question is what good would it do? the u.s. is fighting itself with no real good options. one of the most outspoken critics of the way that the obama administration has handled syria for the past three years is senator john mccain.

i talked to him and asked him what he thought the administration should do. and he remains critical and has been aggressive about the idea of helping arm the opposition. >> there are viable options. there is a viable syrian army. there are groups that have joined against the extremists that are there. there is viable opposition and we can help and assist. and to do nothing of course we'll see a further deterioration and a regionalization of the conflict. >> mccain is not up for re-election this year but every house member is. are they willing to take action and arm the rebels for example in an election year when so many americans are war weary?

>> this is a topic of conversation on the hill, but if this is a matter of providing weapons through a third party or providing weapons directly to syrian rebels, that is something that the president can do on his own. the question is should they give them larger weaponry. and the fear here is that there are so many opposition groups that have come to syria. they are not fighting the government, but rather groups that have come in. militant islamists and those with ties to al qaeda. the fear is that this might not be such a good idea is that they will fall into the wrong hands and there are also anti-american groups there. you are providing the enemy and it is very tricky trying to

identify who those groups are. host of state of the union. >> thanks fred. starting tomorrow. we'll begin our in depth coverage of the syrian conflict. a cnn exclute sif. critics came down hard on prosecut prosecutors of the george zimmerman trial. we'll have that story straight ahead. but first, we want you to meet some girls from harlem, new york who can honestly say that ice skating has changed their lives. the woman behind their success is the first cnn hero of 2014. >> i love the crispy feeling of the air. >> the sound of my skate cr crunching on the ice. >> skating reliefs me from

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here are the top stories

crossing the cnn news desk right now. teams are now working to remove the bodies from the side of the mountain. the names of the dead have not been released. three other skiers caught in the avalanche were sent to the hospital with broken bones and a collapsed lung. the lego movie tops the box office for the second week. experts say it is attracting a lot of families and adults who grew up with the toy bricks. it landed in the number two spot bringing in $27 million. it is time to buy another power ball ticket. it takes at least one though. officials say nobody one last night's drawing. it was work $330 million. that means wednesday's jackpot

is now an estimated $400 million. that is in sane. depending on how many tickets are sold it could get bigger. already the verdict in the loud music murder trial left both sides very unhappy. michael dunn will spend decades behind bars. but the jury couldn't decide whether dunn was guilty of murder and that is leading to a whole lot of second guessing today. state attorney was leaning toward drying dunn a second time for davis's murder. > fact that you have to retry this one charge your reaction to that? >> we had a slew of cases when the supreme court changed the manslaughter outline. we get ready and come back to court and work just as hard so

retrying a case is something that we have had to do and continue to have to do and give the same full attention. we don't back off having to retry. yes. >> is it possible to come back with not the first degree charge but a second degree charge? >> we could make that decision. but it will be for first degree murder. right now that is the jury indictment and we could proceed. he mistried that count only. >> would it have been better if you had gone second degree from the start? >> absolutely not. i know you have brought up the word "overcharge" before. i know it came up in the months after the zimmerman case. let me say this. the state of florida has a lot

of good laws on the books. one of the best laws and rules of procedure is called the motion to dismiss. if any criminal defense foreitu thi attorney thinks that they have filed an overcharge they are welcome to file a motion to dismiss. but they have to sign their name to it. it has to be a sworn motion it is a c-3.0. i don't know what you would complain about overcharge when you have that tool available. what is also available is a

stand your ground motion. >> the prosecutors have a lot of decisions to make and lots of questions yet to answer. especially about how they failed to get convictions in two high profile cases. i want to bring in our legal ladies now. ladies, good to see both of you. you first. what kind of self examination is taking place with the da's office that two very high profile cases could end up leaving people with a lot of cases and a lot of dissatisfaction. >> i agree and this is an issue of over charging. there is a question when you bring a charge that involves intent. in this first degree murder charge it is premeditation. when a jury has to look at did somebody plan and did they

communicate this plan to somebody else? that is a situation where a jury could get hung up on deciding what was their goal or plan? i think there is a possibility that there was an overcharge here. >> why wouldn't they have a support of argument and use that. because we didn't hear that argument of premeditation at all and we heard that it could have been done by use of arguing that dunn that he may have had hang ups about black people or young black boys. >> i don't think it was an overcharge. what i do think is that the prosecution failed to give the jurors what they needed to know about that intent. if they would have know the

things that we saw. if they would have know the hopes and dreams that he had. that would have been a lesson learned from the george zimmerman trial. >> sure, and they didn't. and they kept bringing that home in the closing. the fiance said that he hated that thug music. >> that was pretty powerful. >> that is somebody that has a prejudice. and i don't know that that point was really made a lot of by the prosecution. that is something that they could have done more with. >> even the racist remarks that they had in prison. i don't until stand why they didn't attack his character. they didn't know about it. it goes to the premeditation. given all of that then, to hear miss corey say that possibility trying again on first degree

murder, is that the answer here or is part of the solution, figuring out where did the prosecution go wrong in terms of the staffing in the office. does there need to be a shake up? >> there is a problem in florida period. there is a problem in her office but also with the way that the cases are handled. this time, i feel that there were jurors in there that did not let it go down. i'm not giving in. i don't care when it is that shows me there were people that cared about jordon and wanted it to come out the right way. >> hold on, we are going to take a short break and we'll resume this conversation right after that.

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lawyers have their own decisions to make. his lawyer talked about plans for an appeal and whether he could try to move the trial to a new location if there is a retrial. >> file a motion for a rechange oven new. >> i almost think we would have to. we are a long ways away from that. it is something to consider based on the factors that led up to it and that now i think that

might be a stronger aspect. but i can't speculate as to what is going to happen into the future. >> what do you think about the zimmerman case and what effect it had on this case? >> i don't know. i know you asked her about political statements and thinks like that. i think what i said is you have to ask ms. quarry. but it is hard. you don't know. you don't know what goes into the factors. the fact that the jury was deliberating for over three straight days and we don't know what was being said. and the fact that they didn't come back and it was a lessor count. if you look at the questions that they asked and our position is maybe an issue on an appeal

if the ujury would have decided count one. that may be an issue that we have to look the. the fact that issue was hung and there was no verdict on it, we don't know what they were speculating to. add they exonerated on coone -- >> knew that was michael done's lawyer. >> we know that the dchefense wants to appeal. >> but, if they file notice that they do plan to appeal that could possibly hold up sentencing. i think that it is interesting that the defense attorney things

that perhaps a new venue could result in a new outcome to this case. everyone is talking about this case and the stand your ground law. >> before the break you were going to comment on the law. whether it is time to revisit, revise look at this law. while stand your ground wasn't necessarily the argument. when you know that self defense was the argument that the defense was nake imaking it is u tanamo tanamount to the law. in this case, those stand your ground motions were not used but instructions were read to the jury. to have this, it has to have an impact. it has to be considered. >> we are talking about the parallels between the george

simm simmerman case. there are issues or items that were omitted from the argument of this case. your point being race was not necessarily made. when in fact you have the case of a white man for young black men. we know from the testimony of the fiance, he thought the music they were playing, he classified it as thug music. he revealed them as thoughts as to what he was hearing or seeing in these young men. >> i think that is why so many of us feel so outraged about. i think the door was open. it would have made a huge difference to the jurors. who knows what the jurors wouldn't have said that if they knew the kind of person that he

was. there wasn't as much of a public out outcry. >> is it because michael dunn wasn't arrested and charged right away? >> people didn't know that travon martin had been killed at the hands of someone who was a security guard. young black boys and men in florida can be gunned down and he will probably get away with it. and it is clear that the lives of young black men are not as valuable. i want to say that one thing that the attorneys said, he said he probably won't be because he probably could win on appeal and he is not going to sit back and not get paid. it was telling for him to make

that statement. what now in this case? >> sentencing will go forward in five weeks and i think that the sentencing in this case is important. i think that if dunn is sentenced in 65 years, that is going to be a life sentence. i think the prosecutor could re reexami reexamine. is this something that we could invest emotions into. >> there is a civil case. i think it is important to retry the case. could it undermine the convictions that are there? he will serve that time on sentence. for him not to retry this case and find justice for jordan's family, that would be a real travesty of justice.

>> i thought it was interesting that she said the same effort would go into a retrial. why would you apply the same thing to a retrial. >> that is a very good point. i would hope that she would learn from the mistakes made. >> there have been comparisons here between the george simmerman case and this case of michael dunn. tomorrow morn g morning don't mt "new day" at 6:00 am eastern time. >> the deadliest conflict since world war ii. for one retired nba player the crisis hits too close to home. >> the country of congo has been

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tomorrow is the start of a new era on the tonight show. jimmy fallon takes over as the new host. he gets a massive raise $12 million. no one is expecting him to do better than some of the xheet y comedians he worked with. darryl hammod is on the phonedous. >> i worked with jimmy for a number of years. the thing that i remember the most was that there wasn't

rarely anything that he couldn't do exsfretremely well. someone asked me why he would be picked to be a talkshow host. i today i honestly don't think there is anything he can't do as well. a really nice man to me, treated me really well and i appreciated it over the years. >> was there a moment when you said to yourself and you scraped imitating everybody and making everyone laugh and making him laugh. was it surprising to hear that he might make a transition and be able to host a show? such as he's been doing before now with the late night show? >> i think if you spent as much

time as i did with him and as much time as i did with each other, you see things and so many things that never really make it on the air. i mean, and after a year or two it became clear, i'll say this again, i couldn't think of anything he didn't excel at. he could do impressions, dance, sing, the camera picks up on that stuff. >> yeah, if you are not genuine people can tell. >> yeah, i mean the camera picks it up on that really good natured quality of his. and he's real smart. real fast on his feet and he's great. you know, expect more great

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