night in tallahassee, florida, for shoplifting. a source tells cnn the heisman trophy winner allegedly walked out of a group ofry sto ra grofe near the florida state campus with an order of crab legs he didn't pay for. jameis winston was not booked in the incident. thanks for watching, everybody. stay tuned now because my colleague wolf takes over. right now, the debate over cruel and unusual punishment is back in the spotlight after an execution by lethal injection goes horribly wrong. we'll speak with the journalist who saw it all happen. also right now, clippers owner donald sterling has been banned by the nba for life, but there are still legal and business issues that need to be resolved. and right now, cnn is giving an insight look into the technology an australian company used to find what could be wreckage, potentially at least they say, from mallaaysia airlis flight 370.

hello, i'm wolf blitzer reporting from washington. he was convicted of heinous crimes, murder, rape, kidnapping and robbery. but his botched execution is raising questions about the constitutional protection against cruel and unusual punishment. last night, oklahoma tried a new cocktail of drugs to put a convicted killer to death. prison officials say lethal injection usually takes less than 12 minutes but this dragged on to a torturous 43 minutes. witnesses say lockette was clearly still conscious, trying to talk 16 minutes into the execution. >> right before they closed the curtain, he said, man. yes, he had full body upper movement. he was able to lift his head and his shoulders from the gurney. >> he was struggling to talk but those were the words we got out. man, i'm not, and something's wrong. >> joining now, another eyewitness to the execution. the news manager at oeta public

television in tulsa, as well as our senior legal analyst jeffrey toobin. liz, i take it this is the first time you've witnessed an execution. describe what you saw. >> yes, it was my first time, and of course i was nervous going in. but really thought it would be seamless, as i've been told they usually are. that he would just go to sleep and it would just take a few minutes. what happened was lockett was placed on the gurney. they asked him do you have any last words. he said no. at 6:23, they started the first intravenous lines into both arms with this new drug called midazolam. and lockett just continued to stare at the ceiling. occasionally licking his lips. and that went on from 6:23 to 6:30 -- from 6:23 to 6:28.

so a full five minutes there. then at 6:29, he finally closes his eyes. a doctor in the execution chamber goes over to lockette, pulls back the sheet, opens his eyes, kind of rub, tabs his chest. and he said, he is not unconscious. then at 6:33, the doctor did the same thing, pulled the sheet back. eyes, chest. and he declared lockett unconscious. at 6:34:55, lockett, still breathing. then at 6:36, he mumbled something. sounds like he mumbled "something's wrong." during this time, wolf, he is lifting his whole upper shoulders and head off the gurney. and writhing and is clearly in

distress. at one point, he does it again and he goes, man. like, oh, man. and at 6:39 -- and this is going on and on, of him kind of spasming up pretty violently. at 6:39, he does it the last time. and then it is announced, we are temporarily closing the shade. and of course there were 12 media witnesses and also his two attorneys. the director of the department of corrections was in there, as well as some other authorities. and the director got up and left. so did the head of the department of public safety. they were gone -- >> liz, let me interrupt for a moment. at that point, when they put the shades down, he was still alive, but they didn't want you to eyewitness anything else, is

that what happened? >> yes. and i think all of us in the media are raising a lot of questions about that because, you know, we're not just reporters at that point, we are witnesses to a state sanctioned execution. and we were not allowed to see what was happening behind that shade. >> jeffrey toobin, our senior legal analyst, with me. what do you make of this? it's supposed to be relatively smooth and this was anything but. >> well, there's a lot of history. lethal injection has been in use for over a decade. in the past year, all the european companies that used to supply the drugs have refused to do it. they said, we don't want any part ofxecutions. so the states that are trying to execute people have been trying to improvise new protocols. there was a huge legal fight in

oklahoma before this execution about the condemned men trying to learn what was in the formula and how it would be done. they ultimately lost that battle. the execution went forward. i think this shows it is quite clear that there is not a clearly effective execution technique on the books now. and not just oklahoma, but texas, florida, virginia, all states that do most of our executions are trying to figure out how to proceed under these new rules. >> pick up the story now. the curtain goes down. he's still alive. and what do they tell you? what do you see then? what happens next? >> well, we're all just in this room with complete silence. and we're all incredulous and -- i was shaking. and i don't know how long the director was out of the room. he took a phone from in the room with the court outside.

we couldn't see because we couldn't wear watches and the only clock was in that execution room. but finally he came back. and he said that we have had a failed execution. and he was -- he ordered the execution to stop. and he said we've had a vein failure. later, when we were taken other to the media center, what he said was that lockett's vein blew. but we were held in that media room for -- i don't know how long, it seemed like an eternity. i guess he was just dying in there while we were sitting there. >> eventually, they say he died of a heart attack, is that right, liz? >> yes. when we got back ton the media center, they said he died of a massive heart attack at 7:06 and he died in that death chamber on

the gurney where those drug, were first inserted. >> all right, liz eklin, thanks very much for that eyewitness account. jeffrey, you want to just wrap this up? a final thought? >> well, the death penalty is in decline in the united states. whether it's dna evidence proving people innocent. there are fewer death sentences. there are fewer executions. one reason is that we have not figured out a way to conduct executions that is both constitutionally permissible and effective. and certainly events like this are going to raise even more questions about why a death penalty -- >> when people say he brutally killed a young girl, tortured her, raped her, she was still alive -- >> buried her alive. >> -- shot her, buried her alive. obviously, he was a very, very evil individual. >> he was an evil person. most of the people who are executed are. we have a new study, though, that says 4% of the people on death row are innocent.

the problem is the deaths -- our legal system isn't perfect and the death penalty is such an absolute penalty that there's a tension there. there's also the tension of why should we care at all about whether he suffered a little, given the kind of suffering he imposed on others. the legal system didn't work that way. the supreme court has said there has to be a measure of dignity and a lack of significant pain. but it's easier said than done. as this illustrates. >> as we just saw from the eyewitness. jeffr jeffrey, liz, thanks. less than an hour from now, the oklahoma governor, mary fallen, expected to hold a news conference on this botched execution. we'll see it live here on cnn once it happens. still ahead, clippers owner donald sterling has been banned by the nba for life but there's still legal and business issues that need to be resolved. much more on this coming up next.

we turn new to the fallout from the racist comments by donald sterling and the decision by the nba commissioner to ban him for life from his team, the los angeles clippers, and from the nba. there's been a lot reaction to silver's decision, almost all of it very popular, positive reaction to what the commissioner did, including this from magic johnson. >> well, it was great, it's a great day, it's a great day for, you know, the united states. it is a great day for the nba. it is a great day for all people of all races. but especially, you know, african-americans and latinos who, you know, he was speaking out against. so i think that i'm just happy

that commissioner adam silver came down hard and showed that we can't let people get away with this and even if you're an owner. >> magic johnson called on all the owners of the nba, all 30 of them, to do the right thing. rachel nichols is joining us. the host of cnn's "unguarded." jeffrey toobin, our legal analyst, still with us. i'm told tomorrow adam silver will have a conference call with the advisory finance committee of the nba. that's nine owners. there are 30 owners altogether. to begin the process of trying to force donald sterling to sell, to sell the clippers. in the end, they need three-fourths, 23 owners, to vote yes. is there any doubt they'll get to that 23 number? >> i mean, there's always doubt. you're going to have a process where they notify him, he has five days to respond, then

within ten days, they have to have this meeting. donald sterling is going to get the chance to be in a room with 29 other owners. many of whom he's been friendly with. all kinds of things for nearly 30 years. he's going to get to meet his case directly to them. one of the things i would imagine he would say is, look, this could be you next. mark cuban, the dallas mavericks, words, a slippery slope. think about the process. this isn't an okay process. one thing that's come out recently that's sort of interesting, you know, donald sterling as we know, and jeffrey toobin has so well articulated, he's pretty much bound by whatever this decision is. he wouldn't have a lot of leeway within the court system. there are still some people around him who have come out and said they do think he could decide to sue, not so much because he thinks he could win or try to go around this process we're talking about, but just the threat of that lawsuit and the threat of all the documents

that he could then enter into the record, he's been with these guys for 30 years, he knows the secrets, he knows where the bodies are buried. maybe he's going to bring that up in this hearing, we don't know. >> he does have a history, jeffrey, as you well know, of lawsuits. he's not shy about getting into legal battles. >> it's true. but -- and i'm not saying he won't sue. anybody can file a lawsuit. but look at the context here. adam silver is the toast of the united states today. the owners, the players, the alumni of the nba. everybody has saluted what he's done. the owners are not going to turn around and, now, repudiate adam silver and say is oh, no, we're not going to force sterling to sell the team. of course he's going to get what i expect will be a unanimous vote of the owners. and then we'll see if sterling wants to fight it. my guess is he's going to put this team up for auction. $700 million. 600. who knows how much he'll get. on a $12 million investment.

he'll take his money and go away. >> yeah, he bought that team when it was in san diego for about $12 million. i think it's going to be closer to $1 billion if the milwaukee bucks were just sold the other day for $600 million. that's a relatively small media market in milwaukee. rachel, pick this up. los angeles, the clippers, that's the largest media market out there. if he decides to sell i it, potentially could walk away with $1 billion just from that team. >> i want to follow up on the end of jeffrey's point, which is he did buy that team in san diego. he moved the team to l.a. without the nba's permission. in fact, he expressly went against an nba decision that he wasn't allowed to go do that. they fined him $25 million. he of course sued them, even though that fine was permissible under the regulations, and they ended up settling for $6 million. so he got that fine down from $25 million to $6 million because he counter-sued them $400 million, claiming loss of revenue.

so this is a guy who does not follow the nba constitution. we've certainly seen that in the past. i agree, certainly, the best way for him to proceed is to go gently into the good night. because that is the ultimate resolution here. there's no question about that, this is where this will eventually end up. then you start playing the fun game of who's going to get the team. this is one of the most desirable teams in the country in any sport. in the l.a. market, the staples center, money. so we've had people come out the woodwork already. floyd mayweather said he's interested. i'm not sure he's that attractive a candidate for the nba considering his past problems. you have also had this super group, larry geffen, stinson, now making the statement he thinks oprah winfrey will join the group. i think they could in their pockets find loose change to pay for this team. you're talking about three of the richest people in america. you would think they would outbid anybody else and honestly wouldn't care how much it would be.

because, again, not any significant amount of money to them. it's going to be fascinating. oprah apparently is interested in having another minority owner in the nba, joining michael jordan. it would be great for the league. >> and don't forget about the possibility of magic johnson getting involved with some group. he's now part owner of the l.a. dodgers. he's got some experience. no one is more popular in l.a. than magic. there's going to be a long line. >> maybe that $1 billion number i threw out will be low. maybe it will even be more than that. we shall see. thanks very much. we're going to get much more on this story coming up here this hour. i'll speak with the l.a. attorney who has some personal history with donald sterling and the allegations of racial discrimination. but up next, the search for malaysia airlines flight 370. an australian company now stands by claim that the plane may be at the bottom of the bay of bengal. now ships are actually heading that way to check it out. android plan from tracfone?do oh

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i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. bangladesh today sent two navy ships to the bay of bengal to look for any signs of flight 370. a private australian company claims it has found to be, they say, plane wreckage in that location, wreck ang that could be from the missing jetliner. officials with the company went public after they say investigators ignored them for several weeks. our correspondent give us inside look at the company and its claims. >> reporter: as the search continues for mh-370, a team of scientists from an australian mining exploration company

believe they may have found its location more than 5,000 kill meters away. georens nance is convinced through its high-tech spectral images, it has located plane wreckage in the bay of bangladesh. >> that location there are chemical elements that are part of a plane. >> reporter: their search began four days after the plane's disappearance, testing for elements such as aluminum, titanium and copper found in a boeing 777. while many are skeptical of the technology, the team stands by the science and their findings. their final report was sent two weeks ago to malaysian airlines and all countries involved in the search. but they got no response. now no one at georens nan renre saying this is the remains of 370 but they're calling on authorities to investigate,

saying it's their moral obligation to the families of the victims on board. anna corren, australia. tom fuentes is our law enforcement analyst, former fbi assistant director. at this point, peter, they have to check it out. >> yes, we have to thank the bangladeshies for sending out two vessels to see if there's anything on the surface of the water. and they do, they have to check -- >> they have equipment to look at the bottom of the water? >> yes, if they have -- >> it's not as deep there as the southern indian ocean. >> it's considerably more shallow. if they have the equipment, they'll take a look. if not,s there are other ways to test their clapims. they can reposition their satellite and see what it shows. >> i'm going to play for you what angus houston, in charge of this australian-led part of the investigation, said today.

listen to this. >> it's certainly something that needs to be looked at. and i believe -- i believe it probably has been looked at. but, you know, i'm not aware of any that detail. i'm focused on the search in our area of responsibility and i'm focused on that, that arc. >> all right. like so many others who are directly involved in the southern indian ocean search, he sounds very skeptical. >> sounds like it, right. i think in a way you're wondering why, if the plane went down in that location, it's surrounded on three sides by land pretty close compared to the southern indian ocean it the lack of debris on the surface all this time in busy shipping lanes, as well as nothing washing up on shore or being seen on radar you know by india, bangladesh, the other surrounding countries. i think there's a lot of reasons why people are very skeptical. >> if it were there, most people

expect it's not going to be found there, but if it were there, the pings from the so-called black boxes, they would prove to be not really genuine, the satellite, the inmarsat handshakes, as it were, they would have proved to be a waste time. a lot of people are not prepared to make those conclusions. >> if this ends up being it, it would be extraordinary. but i think they're obligated to look. when i was at the ntsb, we would get tons of suggestions and theories. and many of them tied to new technology that was going to be a break through, and 90% of the time, 99% of the tie, it was nothing. >> when you worked in the fbi, you used to get a lot of tips and leads? >> yes, right, most investigations like that. another argument for the 90-day pinger battery is that it wouldn't be hard, then, to drop a pinger locator now. but now they have a different situation. >> a lot of lessons to be learned from what happened.

all right, guys, thanks very much. up next, more on the life type ban imposed on the last clippers owner donald sterling. and how he has dealt with dill discrimination allegations in the past.

welcome back. i'm wolf blitzer reporting from washington. the nba board of governor suspected to vote on the fate of the los angeles clippers owner

donald sterling. he's already been banned for life by the commissioner adam silver. now his fellow owners could force him out. force him to sell the team. as we've talked about over the last few days. this isn't the first time sterling has been accused of racial discrimination. take the case of his former longtime general manager elgin baylor. the nba hall of famer filed a lawsuit in '09 when he was terminated. his attorney in that case was carl douglas. carl's joining us now from los angeles. adam silver pointed out yesterday that elgin lost that case to sterling in 2009. what happened there? >> well, that was a case where we alleged race and age discrimination. but because the judge had limited the quality of our proof, we could only go back two years to present evidence of race discrimination. we made a tactical choice to

dismiss the race claim right before trial and to proceed only on the age claim. we knew about allegations dating back from the early 80s, wolf. allegations that he wanted to have a process by which these poor southern kids were coached by a white coach. we heard about his bringing in women and friends, into the locker rooms, so they could gaze at the beautiful black bodies of his players there. we heard about him having a conversation with a young basketball draftee out of kansas in the early '80s, saying that the money he was offering danny manning was a lot of money for a poor black kid. so these allegations, though they were very rife and we thought relevant, were excluded because they were just too remote in time for our trial that began in 2011.

>> so what was your reaction to what the commissioner adam silver did yesterday? i don't know if you've spoken to elgin about this. you want to share with us what elgin baylor's reaction was. >> i'm sure he is smiling in his home with his family enjoying that he has now been vindicated. my reaction was kind of like the wizard of oz. the wicked witch of the east is dead. and i feel like one of the munchkins ready to hop along in joy down the yellow brick road to oz. hopefully oz will now be a bright and cheery place since donald sterling will no longer be the owner of the team. >> you've had legal battles with him. a lot of folks -- he is 81 years old so maybe he's changed but he has never been shy about getting into legal fights with a whole bunch of people. i remember when he fired mike

dunleavy as the general manager. didn't want to pay out what he was owed. eventually, there was a big legal battle. he wound up paying him, what, about $13 million. but dunleavy had huge legal bills in the process. this is a guy who doesn't avoid legal battles. do you expect him to fight any decision by the nba to force him to sell the team? >> well, there's two things to remember, i think, wolf, about donald sterling. one, he has an ego the size of the grand canyon. he sits regaled at court side. and at the half court line with four or five seats so that all of the staples center can watch him. and also i think it's important, though, he's a capitalist. he would hire stefon fetchette for a minstrel show if he could make a buck off it. i think he is going to take a pragmatic capitalistic view.

he's a very, very smart man. he understands the damage that his brand is now suffering. he's 80 years old. and though he is always defiant and though he has never acknowledged, at least over 20 hours of depositions with me, the racist allegations, i suspect, now, since he has been so disgraced, since there has been almost unanimous support for adam silver, that he is going to ride off into the sunset, disgraced, but a very wealthy man. >> he already is a very wealthy man. would even be more wealthy once he sells, if he sells, i assume he will, when all the dust settles, the clippers. thanks very much for joining us. >> wolf, my pleasure, please have me again. >> definitely well, carl douglas helping us from los angeles. up next, so what's in a name when it comes to politics? obviously, a lot. two big names potentially could go head to head in a 2016

presidential race. our own gloria borger standing by. she's going to join us with a closer look at bush, clinton and the dynamic. a frightening new look at growing terror around the world. it's not the usual suspects. what the u.s. is now most concerned about. stand by.

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forcing serious evacuations right now. other news we're following in politic, name recognition can help or hurt. two help within known names are generating a lot of buzz leading up to the 2016 presidential race. hillary clinton, jeb bush, they continue to test the waters, make headlines, as they consider whether or not to run. our chief political analyst gloria borger has been doing some in depth reporting on this clinton/bush dynamic. gloria, let me share with you a couple of polls. this is a new abc news/"washington post" poll. who would you vote for in 2016, hillary clinton, 53%, jeb bush, 41%. obviously, it's very, very early. she has an impressive lead there. at least as of now. >> right, they do. this -- look, they're both well known, wolf, and that's where the family name, the family dynamic comes in. because nobody is as well known his an hillary clinton or jeb bush. she's had, you know, a husband

who was president, he's had two presidents in the family. so they have -- >> the brother and the father. >> right. they have name recognition. the families, if you look at some polling, the families are well respected. the flip side of it, wolf, people look at these two candidates and they say these names have been in american politics for over three decades at the presidential or the cabinet level. and they say enough, what are we doing, why are we having more clintons and bushes? you see, look, the families are well regarded, but there is a little bit of fatigue that companies wiy comes with it. like, why are we going to go back to the past? hillary clinton people say she's going to have to deal with the fatigue problem less because she's a woman. she looks different. >> because there seems to be more fatigue for the bush name than the clinton name if you believe that poll we just showed. >> right, there is, there is, but there's another problem here, wolf, and that is a lot of people are saying, look, the problem is that they get a head

start. they can come right out and announce they're going to win and they can raise a lot of money without lifting a pinky. take a listen to this. >> the thing that they bring to the table that nobody else has is that massive pre-existing ability to raise money. >> so the system's rigged? >> if we end up having a presidential race in which one dynasty plays off against another dynasty, you'll say, is this america, or is this the last days of the roman republic? >> people are asking the question, you know, isn't there anybody else in the country? why do we keep going back to these two families? i would say that not everybody in all these families runs for political office. obviously, the bush family has longevity. the clinton family is more of a boutique. and it started with bill clinton when he was governor of arkansas. people are saying, okay, enough already. we've seen them. we've seen the families. let's move on to something else. >> she's a lot better known

nationally than jeb bush is. >> sure. >> obviously well known in florida. but nationally, he's got a name that's well known. i don't know if a lot of folks nationally know that much about him. >> right, they don't know that much about him. because he has a bush name, it's easy to tell the narrative pretty quickly because people will listen to. does he have the drag of george w. bush on him? yes, he might have the drag of george w. bush on him. the interesting thing about jeb and hillary is they're not the best politicians in their families. they're not as good at transactional politics. but they're kind of known as the wonks and the nerdy people in their families. they're very policy oriented. if they ended up running against each other you might see a very issues oriented race in 2016. can you imagine that? >> nothing wrong with that. i'd like that. all right, thanks very much. good issues oriented race, as opposed to name calling. >> let's not go out on a limb on

that, right? control slipping away right now, very different story we're following, in eastern ukraine. a crisis as pro-russian milita t militants take over more buildings. and the state department has released a brand-new report on the threat from al qaeda. a very disturbing look on the group's affiliated organizations. information you need to know. ? yea. try alka seltzer fruit chews. they work fast on heart burn and taste awesome. these are good. told ya! i'm feeling better already. alka-seltzer fruit chews. enjoy the relief! humans. even when we cross our "ts" and dot our "i's",

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officials say it's just as deadly and it's growing in strength. our own alise abbott is digging through a report just released by the state department assessing the new al qaeda threat. what does the report say, elise? >> this is the state department's annual patterns of global terrorism report. officials like to say that core al qaeda in afghanistan and pakistan is on the decline. but what they've also seen is this strengthening of the affiliate groups that are not only growing in strength but al qaeda can't control them. look at that al shabab attack in the westgate mall in kenya, al qaeda in the arab peninsula, seen now as the most significant threat to the united states. officials are also saying in this report that the civil war in syria now is becoming a magnet for thousands of foreign terrorists. officials tell me it could be as many as 60 nationalitities have traveled to syria to launch jihad. wolf, there are those documents by snowden and those revelations

about nsa, intelligence collecting activities. officials are saying, look, this has been real damaging to the united states in its efforts to find out what terrorists are up to because >> very details report just released by the state department. other news we're following including a troubling scene in eastern ukraine where protesters seized more government offices. here is what it looks like inside one administrative building as mass militants control the empty hallways. who is in control and what is happening right now? >> wolf, this is the scene in front of the main regional administrative building some 24 hours after it was taken over. inside the building itself are

more armed men. there is police inside the building on either side of the road but they most certainly are not under the orders or the control it seems at this stage despite the ukrainian government's statement about a troop build up. but when you leave these cities and you go along the border, you do get more of a sense that this is a nation readying itself for war. >> amid eastern ukraine's fertile farmlands, the men are called to attention. they are part of a troop build up that began in march after the speed of russia's an exation caught kiev by surprise. these border guards deployed from their base in central ukraine. half of them are still in

training. border crossings throughout have been reinforced with mazz mass i gar kads and sandbags. b r. >> in that direction, the strench extends about 60 miles. ukraine hopes they will be able to avoid a war. perched on a hill top but not visible from the road, a paratroop paratrooper. >> camouflaged is a small group of paratroopers. >> the threat from within ukraine's borders is more immediate and menacing. as we were out filming, kiev lost control of yet another government building, the police

doing nothing to stop the prorussians as they smashed windows and declared themselveses the authority. for the people living along the border it was a boundary in name only. now these hills could become one of many front lines. wolf this remains a region divided and those who do try to speak up for unity end up finding themselves in trouble. earlier a man tried to stop a woman from burning the ukrainian flag and no one came to his assistance. the situation is declining rapidly. >> indeed, on the scene for us as she always is. in northeast nigeria, people are understandably outrage. people are demanding that the government do something and bring home 200 kidnapped schoolgirls. we have a live report from nigeria next. of quicken loans.ident

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>> in northeast nigeria there is still no trace of the girls kidnapped from their school. >> wolf, unimaginable pain and suffering that these paraphernalparents are going through since learning that 200 of their daughters have

been abducted and skirted away into an area neighbor iing. the parents are furious. they have attempted on many occasions to go into this area where it is believed that the militant islamist group that is in control of parts of the northeastern part of the country in this very dense area. they are armed with machetes, sticks, rocks, whatever they could find on the ground. these militants are armed and dangerous. they have told the parents that if they proceed further into the forest that they will be shot and killed. the military for their part has basically said that they have and are conducting a search and rescue operation. we go to them every single day. we ask for updates. they haven't said a whole lot.

they didn't want to give any updates. they have seen very, very little activity, still waiting and open hoping that their daughters will come home. >> this islamist militant group, they don't like girls getting an education. they have made that clear. the 200 girls are they muslims or are they christians? >> that's the interesting thing. it's a mix of muslim and christian girls. they have attacked mosques and churches. they have attacked schools where they are predominantly muslim and christian. there doesn't seem to be any rhyme or reason other than they want to implement their law.

>> that's it for me. i will be back. lots more news coming up. in the meantime, thanks for watching. newsroom with brooke baldwin starts right now. >> great to be with you. i'm brooke baldwin. we began with an execution that went horribly wrong about what has long been considered the most humane way of course we will bring that to you live the second we see her step behind that podium. the state tried to execute this man for the 1999 murder of a young wom