brad pitt attacked on the red carpet. a man arrested after jumping the barricades and going after the star. the suspect has done this before. your "new day" starts right your "new day" starts right now. -- captions by vitac -- www.vitac.com good morning. welcome to "new day." it is thursday, may 29th. 6:00 in the east. up first, the sickening scandal at veterans affairs is breaking wide open. 42 va medical centers across the country now under investigation. a new report confirms 1700 veterans waiting for treatment in phoenix for routinely duped. they were never even scheduled or put on a waiting list. va secretary eric shinseki calls it reprehensible. he's right about that, but he's responsible. lawmakers from both parties

roughed up va officials at a rare hearing on capitol hill last night. let's bring in white house correspondent my zell kosinski. michelle, few things as angry as a lawmaker who is not responsible. i'm sure they all had their hackles up last night. >> wow, this hearing lasted four hours. it was just anger, frustration, at times emotion, these members of congress toward representatives of the va. they were asking these great relevant questions and for some reason the va just could not answer. in part, it was concerning this new official report on the phoenix va where the scandal broke. and now reaction to it is just exploding. >> how you can stand in a mirror and look at your in the mirror and shave in the morning and not throw up. >> it's unforgivable. >> there's question about destruction of documents and you don't even know who did it or the motive. >> reporter: the anger from congress overflowed. >> this is nearly a decade of excuses. >> the house is on fire, and nobody is going to survive. >> all of you, i think, got to

find somebody else to do. >> reporter: and the va bur t krats at times squirmed. >> i don't know, congressman. i don't know the specifics. we hope to get that done. >> well, no, that's not what you said a minute ago. you said we're going to do that. i think i heard you say that. >> congressman, we are going to get that done. >> reporter: the house va committee detailed veterans stories. one who tried to get a earring aid for two years. another in need of urgent care sent home for months. >> they waited on a list, languishing. >> congressman, i was focused on trying to improve the process. believe me -- >> reporter: the scandal only seems to get worse. this inspector general's preliminary's report on the phoenix va spells it out. systemic patient safety issues, possible wrongful deaths, significant delays. lists all of the way to schedulers manipulated the system to hide the delays, secret waiting lists, documents that disappeared. in phoenix, 1700 veterans waited for appointments but never

entered into the computer system. more than 1100 veterans waited an average of 200 days. now fallout. >> it's time for secretary shinseki to step down. >> reporter: numerous calls now for the va's secretary's resignation. the president briefed on the latest developments found it deeply troubling. one described shinseki as being on thin ice. some lawmakers are calling for a criminal investigation. the department of justice has been reviewing the new information. shinseki himself has weighed in on the phoenix report saying the va will aggressively and fully implement the recommendations and calling the findings reprehensible. it turns out the va does have and has had the ability to sort of farm out care to doctors outside the va system when it's overwhelmed. why it was not doing this while it has been overwhelmed it's not really clear. the va says now that's what it is going to start doing for its veterans system wide. kate? >> this is just the preliminary

report. the full investigation, that whole review not expected until later this summer, can only imagine what more we'll learn then. michelle, thank you very much for starting us off this morning rnlg also breaking overnight. another blow to families hoping for any sign of flight 370. the agency leading the search says the plane is not in the 330-square mile search area off of western australia where that bluefin submersible has been looking. that's where pings had been detected last month. but really stunning about face, that promising lead, as they described it, is now in doubt as well. a u.s. navy official telling us the pings were not from the plane's black boxes at all. will? >> kate, certainly a punch in the gut for the families of flight 370 who this whole time had been thinking that there was a promising lead with these possible pings detected in the southern indian ocean. this is the area the bluefin-21 has been spending hours and days

searching. the bluefin-21's mission is not now over. that search has turned up nothing. the australians confirming overnight that they do not believe that mh-370's final resting place is in that several hundred square mile area where the bluefin has been scouring and searching for closure for these families. at the same time, the u.s. navy telling our very own renay marsh that in fact the pings detected in early april may not have even come from an airplane black box but perhaps could have been caused by the search ships in that area. it's a stunning about face and certainly a big change from the cautious optimism that you and i saw in western australian when searchers at one point thought they might just be days from finding this wreckage. now we know they have to wait another two months before private companies come into this area and begin the new massive phase of this search that could take up to a year. they're going to scour 60,000 square miles, kate. meanwhile, all these families can do is wait for the closure that they so desperately want. >> that's two months just to get this operation started up once

again. will ripley, thank you. let's get perspective on all the new developments and what this means with cnn's aviation analyst mary schiavo and david soucie. mary, what does this news mean? it's dn described by a couple of people to me as devastating. >> certainly it's devastating to hear. i think what it means in terms of the search is they've done what they can do with the area. one of the thanes they can say that the pings are from the black box cess the u.s. navy has finished their search in the area. what this means effectively is they still come back to the only thing they have which is the inmarsat data which put them in this location in the first place. that makes that a little bit more shaky but i think they will continue to pursue search areas based on those inmarsat, as we've been calling them handshakes. >> let's talk about the what's next in just a second, but on where things stand right now, we have a deputy director of ocean engineering for the u.s. navy

telling cnn that the pings are not from the black boxes. likely not from the plane's black boxes, david. but then you also have the u.s. navy coming out and saying that view is speculative and premature and the australian search authority is saying that they aren't adds cs confident it as well. what is going on here? >> i tell you what's going on. it's incredibly infuriate for us, let alone for the families of what they're going through right now. my question is when did they know this? i've been hearing this all along, which took us to having to do our own destructive testing on some of the pingers ourselves to try to see if we could replicate this 33.3 kilohertz frequency and we could not. i'm extremely disappointed because what this means to me is that someone knew early on these were not from the aircraft. we learned over a month ago from our own test that it was not in the aircraft.

why did they continue the search. why did they spend all of this monday know continuing the search? i'm a little concerned. i'm very concerned about what's going on out there. >> you know, mary, kind of to david's point, to be fair though, and i heard richard quest talk about this yesterday. in hindsight maybe folks should be skeptical. even though maybe they couldn't match the frequencies, this is all they had to work with. what else were they supposed to do? >> well, skeptical or not, this was the best location, the best lead based on the inmar satd sda da a and when they raised out there to start looking for the pings, remember, this is all they had. still all they had. but when they picked up the pings it is unthinkable they would say, well, it's 33.3 instead of 37.5 kilohertz. we're not going to search. that's just not an option when 239 people are missing. so i do give credit to the u.s. navy. there was no choice. they had to look once we had the inmarsat data and picked up pings. they had to look. >> so now the focus is even more

on the inmarsat data, david. what does that mean, how is that going to change the search effort going forward and how much confidence do you have in the location where even though it's some 23 plus thousand square miles that they're going to be searching that it's going to be there? >> well, i think that it is somewhere in that 23,000 square miles. but because i have some confidence in that inmarsat data after looking at what they released and talking with other professionals. >> why do you have confidence in inmarsat data? what's different in the inmarsat data and the data that was brought in that detected the pings? how is that different? >> the inmarsat data that detected the handshakes? >> yes. >> is that what you're referring to? i worked with michael exner to find out what that meant. even at that, even if we took in those -- considered those variables that we had that we don't know now, it still puts it in that very same area.

the only thing we don't know is north or south. that could open up more. i think we're going to get information about that. back to mary's point. they did have a choice. they had the choice of putting the right tool out much, much sooner than right now. now they're just negotiating. they may be three months or more before we see the right tool out there. if they knew this information was wrong they should have stopped with the -- or continued even with the bluefin but brought some other tools in if they knew these pings were not from the airplane. i disagree with mary on that point. >> go ahead, mary. >> it's back up one more thing. the reason they had precious few days. remember, by time they went out to look they were two days before the batteries would allegedly die. the reason it took so long to get out there in the first place is not the fault of the united states navy or the australians. it's the fault of the malaysians whose military sat on data that they had for at least four days, maybe longer. they knew it was not in the south china sea. they knew the plane headed back out over malaysia and most

likely over the indian ocean. from seeing it on radar, allegedly. that's what they tell us now. so the fact that there was no time to search and the pingers were running dry was not the fault of the searchers. don't shoot the messenger. it's the fault of the malaysians and we can't lose sight of that. that's why we had no time to go find what we needed to find. >> fault or not, this surely is -- >> they searched for months after that though. >> this surely is a stunning about-face about where things are in this point and the confidence going forward. now, as will ripley is pointing out, they're going to map the ocean floor, getting back in the water in about two months. and then we're going to be starting the search with other specialized equipment of an area many, many, many times of that specialized focused area they just deplecompleted and found nothing. mary, david, thank you very much. >> thank you. >> thank you. let's look at some of your headlines right now. suicide bombing in syria has been carried out by someone with an american connection. the attack came sunday in

northern syria. insurgents say the bomber was part of a group linked to al qaeda. multireports say the man was an american citizen. cnn has not been yet able to confirm that detail. a u.s. marine that's been held in a mexican prison for two months will have to wait another week to tell his story to a judge. the sergeant andrew tahmooresi, his hearing was postponed apparently after he fired his attorney. the war veteran is accuse of illegally entering mexico with three firearms and am munition. the ntsb investigating another close call. this one a near collision over anchorage, alaska. it happened on tuesday involving an alaskan airlines flight and cargo plane. investigators say air traffic controllers asked the alaska

airlines flight to avoid the cargo plane but both planes veered in the same direction coming within a quarter mile of one another. this is the fifth incident we've learned about in the past two weeks. no shortage of groups interested in buying the los angeles clippers. cnn has learned there's as many as five bidders with offers said to be as high as $2 billion. the team's beleaguered owner, donald sterling, claims the nba is violating his constitutional rights by trying to force a sale. his attorney says sterling will, flight, quote, to the bloody end to keep the team. nba owners will meet next week to volt on ousting sterling for racist remarks. let's talk weather because it is friday eve, very important day. indra petersons is keeping track. >> you stealing my line, michaela? >> i debate on that. >> california. >> it's a california thing. >> it's friday eve and feels like groundhog day because again in the south we are still talking about the same thing, guys. more rain. thunderstorms are out there right now. look how much rain they have already seen.

now, keep that in mind and talk about what is still expected. this shows you how active it is in the gulf. all the moisture still fueling. here comes more rain. not a little bit. another three to five inches in the exact same place. that is the concern here. flooding concerns extremely high today. notice in the northeast. two fronts, not one, but two. mild air dealing with. it's going to stay for some time in d.c. light showers are already out there. here's the second cold front. that's only going to re-enforce the cold air. colder air. either way, temperatures the next couple of days. new york city, 67. going to the 70s. not too bad. d.c., 61. going up to 78 as soon as that system kicks out of here. feeling good. finally summer, i've been waiting a long time. kind of happy now. >> it is back. thank you, indra. i feel it. i feel a little bit more. >> yeah? >> yeah. >> i'm just a little hungover from that '60s thing last night.

berman slipped something in my drink last night. >> i don't know what that could be. coming up on "new day," here's the question for you. the man you're looking at. edward snowden, is he a patriot or is he a traitor? he says, of course, he's a patriot. he's going to explain why. he says he gave the russians nothing and that he wants to come home. we'll debate. plus, apple says bring on the beats. tech giant buying beats electronics for $3 billion. it's their largest purchase over. the spending spree may just be starting. hello! i'm a kid. and us kids have an important message for our grown ups. three grams daily of beta-glucan... a soluable fiber from whole grain oat foods like cheerios can help lower cholesterol. and where can you find beta-glucan?

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welcome back to "new day." edward snowden says he's no traitor, he's a patriot and he wants to come back to the usa. in an nbc interview snowden defended his decision to leak documents even though they were classified saying the american people needed to know what their government was doing. snowden, of course, facing ees sppin nanlg in this country.

asked by nbc ben williams how he ended up there. >> what has your relationship been to the host nation? >> i have no relationship with the russian government at all. i've never met the russian president. i'm not supported by the russian government. i'm not taking money from the russian government. i'm not a spy, which is the real question. >> are you looking for clemency or amnesty, would you like to go home? >> from day one said that i'm doing this to serve my country. i'm still working for the government. now, whether amnesty or clemency ever becomes a possibility is not for me to say. that's a debate for the public and the government to decide. but if i could go anywhere in the world, that place would be home. >> a lot of people would say you have badly damaged your country. >> i would say, can you show that? is there any demonstration? if after a year they can't show a single individual who has been harmed in any way by this reporting, is it really so grave? >> have you performed, as you see it, a public service? >> i think the most important

idea is to remember that there have been times throughout american history where what is right is not the same as what is legal. sometimes to do the right thing you have to break a law. being a patriot doesn't mean prioritizing service to government above all else. >> provocative statements. let's susz it out. let's bring in gary benson, the author of "jaw breaker" and mel robbins, cnn commentator, legal analyst. i will provoke both sides of this. so, gary, let's start with this. it started some conversation here in the usa about surveillance, changes were made, people were upset including government. did he do us a service? >> he did not do us a service. if he wanted to do us a service he could have downloaded 12 documents instead of a million. and he could have gone into the aclu and filed a lawsuit against the nsa without doing all the damage he has done. he has done irreparable damage

to the u.s. government. he's cost us tens of billions of dollars to our intelligence programs. this is not a patriot. >> was that irreparable damage that gary is talking about, also known as truth that needed to come out and, if so, how does that change the analysis? >> i think it changes the analysis completely. you're talking about wide spread historic changes that happened. let's not forget that the nsa was breaking the law themselves up to a thousand times a year, that a federal judge said that there were violations of the fourth amendment, and the fact is is that unless there's some kind of deal under the e ees s i espionage act, there's no way to argue that, hey, i didn't sell we ze corrects to the government, i disclosed them to the press and that led to wide spread changes and most of the public is behind me on this. by the way, how is it that the government can put him behind bars when he's revealing things

that the government itself was doing wrong in breaking the law? >> because, gary, isn't it true that the law was specifically designed to keep people from revealing what the government is doing when it comes to not how they do our taxes but spy work which is inherently a dirty business. >> well, the intelligence business, of course, things are being done in election which are -- we're supposed to stay within the rule of law, u.s. law. and i don't support the collection of meta data the way it was done. downloading the documents and traveling to china where it could have been imaged -- even if he didn't turn it over to the chinese or russians, his computers, the hard drive could have been imaged. >> that didn't happen. >> we don't know. >> why are you so heated up? >> i'm heated up on it because it puts lives at risk. look, in addition to my service i have children that have serve to on the battlefield in afghanistan. this is serious business in terms of our collection

programs, our ability to collect this intelligence saves the lives of american citizens. especially in a time of war. and there are other ways he could have done this. >> and there are other ways the nsa could have done this. he went to two different authorities within the chain of command. he also went to the office of the -- >> how do you know? >> that's what he's saying. he said he went to two different -- >> you think he couldn't have done this any other way? >> i don't. if you go to two different people and the office of general counsel and you basically say enough, enough. >> gave it to us versus the guardian, meaning? >> we don't know that he went right to the guardian. that's what gary's concern is. >> we don't have any evidence that he didn't. right now all that we know is that he went to the press. under the espionage act. we also know the nsa was breaking the law in a flagrant wide spread manner. you've got a contractor who has got no protection under the whistle-blower act that obama signed into law last year and he's also reported this --

sorry, and basically been blown off. >> what have you got, gary? >> mohammed ali opposed the war in vietnam. he went to court, he went to jail on principle. the brothers, attack the draft dog office, they faced, you know, the court system here. you don't run to china, russia, and try to get into cue be if you're a patriot. >> does it change the situation -- i think this is the best benefit of the doubt you can give this man. if what he was revealing were illegal things that the government was doing to its citizens, should that matter in how you treat him? >> some of it was illegal as you stated. a lot of it wasn't. a lot it were our programs that protect the lives of americans. >> had he only revealed what was illegal you would feel differently? and taken it to the aclu and not gone to russia and china i would feel differently. >> fair analysis? >> in hindsight it's easy for us to sit here and say, yeah, you should have probably gone to the aclu but here he is accusing the government itself and i think he

was very well aware of what's been done to people in the past and he was also very well aware of the fact -- >> hubris, also? a little bit of i'm going to be the big man? >> that comes across. it also comes across that he's arrogant as you know what in that interview as much as he's eating a little humble pie, wants to come home, feels very isolated in russia, i do think that at the time, probably being rebuffed by his direct authorities and being told just kind of, you know, don't -- nothing to see here, move along, i'm sure that his ego was stoked in this instance and maybe he could have gone to the aclu, maybe. however, i think he probably was thinking the public is the one that is getting screwed here. the public has no idea how big this is. the public has no idea that their constitutional rights are being violated every single day. and there isn't a single instance that they're pointing to or that he's seen that shows that this is leading to finding

a terrorist. >> quick button. >> when i read the book "jaw breaker" i had a dispute the cia. they vial lat mid constitutional rights by blocking what i was writing. i got a lawyer and i got my book published. >> could have done it another way. >> could have done it another way. >> thank you very much. kate? coming up next on "new day," dr. dre has a new gig. the hip-hop mogul now working for apple. details on the $3 billion deal that could change the way you listen to your music. also ahead, brad pitt attacked at a movie premier in hollywood. one person is in custody. police say it's not the first time this guy had a run-in with a celebrity at a red carpet event. help keep teeth clean and breath fresh with beneful healthy smile food. with special crunchy kibbles and great taste, it's a happy way to a healthy smile. beneful healthy smile food and snacks. mayo? corn dogs? you are so outta here!

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all right. here's a look at your headlines at half past the hour. a white house official telling cnn va secretary shinseki is on thin ice after a preliminary report revealed 1700 veterans wait for care in phoenix were nerve scheduled to see a doctor, even put on waiting lists. scheduling abuses, cover-ups in phoenix were first reported by cnn. 42 va medical center across the nation are under investigation. officials were grilled about the dea littles in a hearing on capitol hill. egypt chose a new president. former military chief assisi capturing over 90% of the vote. the landslide victory was marked by low voter turnout. last year assisi toppled morsi.

other morsi supporers boycott need vote. assisi called on the voters to turn out in force to, quote, show the world the extent of his backing. four european security monitors are missing after disappears near donetsk monday. in the meantime, fresh violence in the country's hostile eastern region. one of ukraine's national guard bases was attacked wednesday by pro-russian separatists. officials say there were losses on both sides. those are your headlines. let's get over to you, kate. >> dr. dre may soon become the first hip-hop billionaire. >> fist billionaire in hip-hop right here from the [ bleep ] west coast. believe me. >> oh. >> i would be -- i would be just as excited. that, of course, is dr. dre. >> that's the money dance. >> that's the money dance. i don't know how to do the dance. is that why i'm not a billionaire?

>> ty reese. >> after the news first liked. now it is official. apple agreed to purchase his company beats electronics. shelling out a cool $3 billion for the headphone maker and music stream service. apple's biggest buy ever. christine romans is here with more of the details. $3 billion in terms of apple money is not a lot but it is a. its biggest purchase. >> a lot of people when this first leaked, facebook thing from tyrese? what? apple is confirming the deal. less than we thought, we thought it would be $3.2 billion. >> when you're up there, who cares? >> right. what does apple want? >> us what beats bring to a until. >> dr. thdre and jimmy ivine, famous producer in los angeles. tim cook. it brings talent sboboth into t fold and streaming music

business which is something that could be helpful to apple. a lot of analysts have been questioning like these companies are kind of alike. why would apple buy another brand and bring it into the fold. but now more and more people are saying it just makes sense. >> what does -- one obvious things that beats gets out of it is a whole lot of cash and maybe dre becoming a billionaire. what does beats get out of it? >> beats gets a whole lot of cash and you've got these two music producers part of the apple family and a whole new venture for them. if you look at what it means for the hip-hop billionaire, is he really going to be a billionaire. dr. dre is worth $550 million predeal. he owns up to a quarter of beats. we don't know exactly for sure. with apple paying $3 billion for beats he might get there. he might just get close. >> he might get there. quick, does it change -- do you think it will change anything for the apple consumer? >> i don't think so near term but i think that these -- the music industry is change so quickly that i think what you will see is more wearable technology. you're going see -- apple has

this former burberry ceo is the -- >> lauren is executive, too. >> there's new wearable technology, i think is going to be key and i think apple wants to make a play for that space. >> i guess we can say, is gotting to change anything for the customer, it keeps changing for the customer every day when it comes to the music industry. >> you're right. >> thanks, christine. >> you're welcome. >> $3 billion but all they make is headphones. >> and streaming music. >> spotify is valued at $5 billion. >> pandora. >> it's not just the equipment and the hardware. >> future of what beats can do. >> and talent. am has been known to buy companies because they want the engineers, the founders, because they want the brains behind it. for dre and jimmy ivine, too. >> this is what you mean when you talk about buying next, buying the next thing. all right. coming up on "new day," the first public statements from the family of a killer. inside look at their desperate struggle to help and then stop their son. we have not heard this side yet.

we're going to talk to a close friend about their personal hell. and did you hear about this? brad pitt, beautiful face marred by a punch at a movie premier. cops say it's not the first time the suspect went haywire at a red carpet event. what's going on here? how did he get to this handsome man? we'll tell you. hey, buddy? oh, hey, flo. you want to see something cool? snapshot, from progressive. my insurance company told me not to talk to people like you. you always do what they tell you? no... try it, and see what your good driving can save you. you don't even have to switch. unless you're scared. i'm not scared, it's... you know we can still see you. no, you can't. pretty sure we can... try snapshot today -- no pressure.

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indiana pacers could have been eliminated last night by the miami heat but it was the best player on the court that made the difference in the game. lebron james, right? wrong. paul george from fresno state. let's bring in joe cart we're this morning's bleacher report. testify, my friend. paul george is said to be a superstar in the waiting, showed it last night. >> he certainly did. obviously he throughout the series it's been whether or not we're going to see a red hot paul george or not. obviously chris last night he was red hot. lebron james was not. he only scored four points. playoff career low. he got hit with too many fouls in the game. he had to sit more than he played. when he was in the game, indiana's lance stevenson tried his best to get inside lebron by blowing into his ear. things got weird at one point last night. paul george as you said, chris, red hot last night. 37 points. 21 of which were in the fourth quarter when he dropped several big three-pointers. miami did fight back in this

game and had a chance to win at the end. chris bosh's flow tlooe-pointer though just misses. pacers go on to win game five. miami advanceses to series in the finals with the win at home friday night. pacers have a challenge ahead of them by winning two more. playoff hockey is churning on bleacherreport.com. chicago and los angeles went into double overtime last night. the blackhawks are on the brink of elimination but michael ha handsu saved their season. they're still alive. they won 5-4 last night in double o.t. l.a., though, just like miami can still close out the series with one more win tomorrow night in los angeles. tiger woods says he will not be playing in this year's u.s. open. he made the announcement yesterday on his website. tiger had back surgery a few weeks before the masters. he says he's still not healthy enough to compete. he says that he regrets missing the first two majors of the year but he is optimistic about his

health and his future. guys, nbc who is broadcasting the u.s. open has to be concerned about this because, well, the master, tv ratings were down 25%. it was the lowest tv rating in ten years without a tiger woods in the field. so obviously the u.s. open doesn't have quite the same cache with tiger in it but hopefully we'll get another battle like the masters between jordan and bubba because they certainly have to make up for it without a tiger. >> we need another tiger woods. >> we're waiting. >> good luck with that. >> exactly. >> you go find him, joe. in hollywood, a red carpet crasher is at it again. it appears this time smacking -- smacking brad pitt in the face as he signed autographs during the premier. fiance, janua fiance's movie. he has a history of doing this. how this guy honestly manages to keep getting so close.

entertainment correspondent is here. what is the deal? >> we were talking about why emma roberts has security. it's because of situations like this. this man has been at it for a while. he calls himself a prankster. he's been banned all over the country but somehow he keeps showing up and getting close, way too close to hollywood's a-list. it was like any red carpet event, brad pitt signing autographs for fans when suddenly a man swings at the superstar. police say striking him in the face. it happened at the premier of partner angelina jolie's new film when the man lunged, security moved in, quickly taking him down. he was cuffed. police identified him as a 25-year-old who is notorious in hollywood for his red carpet crashing antics. two weeks ago he was dragged off the red carpet at cannes when he

tried to crawl under actress's dress. he is best known for this. >> what's your problem, man? >> reporter: getting slammed himself. will smith took a swipe at the prank center back in may 2012 after sedia tried to kiss smith on the mouth. the troublemaker was also making headlines earlier this year forgetting too close for to leonardo difficult crap pro. >> he was in the crowd of fans where brad pitt was signing autographs. he jumped over the barrier and that's when he did whatever he did to brad pitt. here's the thing. the video we show of brad pitt last night was after the incident so it was almost like he was unfazed. he and angelina just continued to walk the red carpet after all of this. >> preeobably in shock. i'm just trying to get into this darn movie. >> he probably was in shock. this guys has done this over and

over again. he calls himself a prank centst. he says he means no hard. crazy fans have done things. >> the prankster becomes dangerous. >> exactly. that's why there should be a concern. >> absolutely. maybe encourages somebody who has darker intentions that they can get in there. >> exactly. and get too close. >> send the right message. >> maybe they will this time. >> thanks nischelle. >> let it be a lesson to you. you can't just hit somebody and get away with it. >> oh, really? >> i never flinch. never. stunning research, the pings, this ain't funny. they weren't from the plane. are we back to square one really after all this searching? we're going to talk with the partner of an american on board about where they go from here. plus, for the first time we're hearing from the family of the santa barbara gunman. why is this important? well, it's all about what did they know, what did they try to do to help this kid and where did it all go wrong? we're going to hear about their

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welcome back to "new day." once a promising lead in the search for flight 370, those pings picked up in the indian ocean are not believed to be from the missing plane's black boxes according to usa navy official. search crews are now saying the plane is not in the area they've been looking. this seems to be another dead end for families still waiting for answers. joining us now is sarah bajc, her partner philip wood was an american passenger on board that flight. good to have you with us. i'm courious how you're feeling about this statement from the u.s. navy, first of all, one of the leaders in the search, michael dean, telling us that, nope, they aren't likely from the plane. yet the spokesman comes out and says that michael dean's statement to cnn is speculative and premature. what do you think about the back and forth? >> well, the back and forth is just managing pr.

you've got somebody telling the truth, as they believe it, and then you've got somebody else who is trying to manage what the media hears. but, you know, dead end the term that you used implies that this is an accident, right, that it was a genuinely but just hasn't panned out. i think the jennifer exception of the families and the many, many experts that we have consulting with us on a regular basis is that this is intentional misdirection. going back to the very beginning it was so coincidental that they jumped directly to the southern indian ocean, which is the most remote place in the world where nobody could ever go and check, right, and that just magically as they're there and right as black boxes are going to expire their batteries and they have these magical pings come forward which don't even have the right frequencies on them. so the sequence of events is

just a blatant cover-up, as far as i'm concerned. right? the emperor has had no close for a very long period of time, but the general media, no offense intended, but the general media and the general public have been following the parade all, you know, marveling at the beautiful close. and now maybe people are opening their geyes up. we need an independent search. >> if not that, then what? when i say that, i mean, if not those pings, if not the southern indian ocean -- and i understand you've been calling and you've been vocal about that on our broadcast, for this independent review. where do you want them to look? what do you want them to be doing? >> i want them to treat this as a proper investigation, so i've been having a lot of conversations with private investigation firms including those that specialize in what's called cold cases. you know, cases that everybody else has thrown up their hands on but yet they've taken the

time to go back and look for clues and talk to people and gather human intelligence. it is absolutely impossible that a crime like this could have been committed without somebody knowing about it. now, whether the crime is covering up some honest i manic tas, not honest mistakes but mistakes around incompetence or sleeping on the job, or whether the crime is having done something bad, i don't have -- i mean, i don't know. but, you know, for sure, there's no way that the sequence of events could have happened without some orchestration. >> so, sarah, these experts and the information you have and the -- have you taken this concern straight to anybody, to the malaysians, the australians, do you get anywhere with them when you say to them this isn't the direction we believe and we want you to look at what we have found? what do they say to that? >> of course we've brought it to

them. we've been attempting a dialogue with the malaysian officials. the australian officials, as well as the media and the public since the very beginning. but they don't listen and they don't respond. we have had more promising change of direction and forthcoming admittance of mistakes because of media coverage than any direct communication. you know, it's almost like we're treated as the enemy, as if we have some different goals than they do. but i think maybe we do because our goal is to find the plane. my personal goal is to find philip and bring him home. but i don't believe that the investigators in charge of this case have the same goal. >> sarah, you believe there's a chance he could still be alive? >> i do. i absolutely believe that. you know, the people who have been giving their heart and soul to this search, you know, all the people on the ships, so the average person involved in the search, in the airplanes, in the search, you know, they have done their very best. but they've been fed a while of

crap. and so they've been searching in the wrong place. i think many of them know that and they should be very, very angry. and all the people who are paying for the tax dollars to fund that, especially the australians, should be furious and they should be absolutely trying to hold the people accountable accountable. now, you know, is the australian search team guilty in this case? i don't know. they could have been fed bad information from someone else. so i wouldn't want to cast the finger there. but there is ample evidence that the malaysian government is at the root of the problem here. either because of incompetence or because of obviscation. >> sarah bajc from beijing, thank you for joining us once again. chris? all right. a couple of big stories we're following as you start your "new day." shinseki shocker. 1700 veterans straight up ignored by the va.

wait until you hear how many hospitals are involved. is it time for the secretary to stand down? and for the first time, we're hearing from the family of the california gunman. hear what they say about how they tried to help their son about how difficult it all was and what they feel for the victims. it will tell us something about battling mental illness many battling mental illness many america so let's get after it. -- captions by vitac -- www.vitac.com until va understands that we're deadly serious you can expect us to be over your shoulder every single day. >> they live with the weight of what he did. >> the u.s. navy tells cnn it has concluded the underwater signals were not from the missing plane's black boxes. >> not guilty. >> prosecutors call it a chance encounter among strangers that ended in a double murder over a spilled drink. a man swings at brad pitt, striking him in the face.

>> good morning. welcome back to "new day." it is thursday, may 29th, 7:00 in the east. things are not looking good for va secretary eric shinseki, 1700 veterans in need of treatment at the va medical center in phoenix alone were never schedule ord even put on waitst lists. cnn was first to report on the abuses in the phoenix system. now 42 va facilities across the country are being investigated for possible cover-ups and even deadly treatment delays. according to an administration official president obama says secretary shinseki is now on thin ice. let's get the latest from the white house correspondent michelle kosinski. >> hi, kate. watching this hearing last night it was just, whoa, four hours of members of the house va committee absolutely ripping into these va guys. these were democrats and republicans, asking good

questions and for some reason the va just shouldn't answer. in part it was concerning this new official report about the phoenix va where the scandal broke detailing a systemic manipulation of scheduling to cover up long wait times. just at the phoenix va there were 1700 vets who were wait for appointments but not even entered into the computer system. and 1100 of them saw an average wait time of 200 days. one of the committee members talked about a vet who was waiting two years for a hearing aid. as you can imagine, reactions to this report now are explosive. one white house official says the president is deeply troubled by it. another said that va secretary eric shinseki is now on thin ice. as more and more calls come in for him to resign, kate. >> just the tip of the iceberg. michelle, thanks. important note, eric shinseki kind of answering the question of why haven't there been any firings. why hasn't anyone been held to

account for the problems in the va system. in an opinion piece in "usa today" today eric shinseki says that ore than placing some of the leadership in the phoenix facility on administrative leave it was the inspector general of the department that requested that the va take no additional personal action until this independent review that's due later this summer thi summer wr. michaela? let's look at more of your headlines. start with breaking news. rebels have shot down a ukrainian military helicopter over slavansk. separatists attacked one of ukraine's national guard bases on wednesday. there is an american connection to a weekend suicide bombing in syria. insurgents say the bomber was part of a group linked to al qaeda and detonated a tank with tons of explosives. multiple reports say he was an

american citizen. cnn hasn't been able to independently confirm this. he would be the first american to die fighting for al qaeda in syria. a u.s. marine being held in a mexican prison for close to two months now has fired his lawyer. we'll have to wait now another week before he can defend himself before a judge. sergeant andrew tahmooresi was taken for having firearms in his possession. they were registered legally here in the u.s. and insists he didn't know he border. we spoke to his mother yesterday anxious to get justice for her son. >> secretary of state told us yesterday he was following up with mexican officials to make sure they had the basis of proof but it's about timing down there. things usually move slow even more in this situation. >> now it's going to be another week before it gets before a judge. >> could be a while. so for the first time we're hearing from the family of the santa barbara shooter. simon is a close friend and

describes the family as racked with guilt and confusion. they don't even mention their son anymore. and he details a struggle that they've been in to control a killer that seemed to be never ending. i sat down with astaire and he described this first time he ever talked with the shooter. >> as soon as you met him he was unbearably reserved, self contained. he seemed to merge into the walls. i remember one particular occasion at christmas there was a party just after christmas and i went out into the street to get some fresh air. and he was there. and i disturbed him. and i said to him, i'm sorry, elliott, that i've bothered you. he said, no, no, let's talk. which surprised me. he asked me, because i'm a novelist, what it's like writing novels, don't i feel lonely. i said, did i feel it's solitary, and he said i know

what you mean. and then he turned away. no pleasantry to finish the conversation. i remember thinking this at the time but of course it's even more poignant now but he seemed the loneliest person in the world. >> what did you know about what his parents had had to deal with with him over the years? >> i understand that it was part of their life. that they -- from the age of 9 he was seeking help through therapists. >> do they believe they saw some warning signs or deterioration or some types of red flags that concerned them about where he was headed? >> i don't think anyone knew where he was headed. i think there was an example in april when there was concern for him. it's been well recorded that the mother looked to some youtube videos that elliott had posted and was concerned enough to ring his social worker and say that she had seen these videos and it was of concern to her.

>> what do they make of the evolution of the videos? did they try to control his exposure of social media to stop him from making the videos? did you know about them before all this happened? >> i didn't know. no, i didn't know that he posted videos. i think that's sort of rather n insepid, most of them. they're not threatening. they were rather stupid. i don't think they were seen as a threat. i think they saw it as a release for him. maybe that's part of the debate, the wider debate, that internet is now part of a child's culture. and in the same way that you've confined some joy and some good news on the internet we all know that there really is the sewer of our souls and maybe it's just open to kids and kids are open to draw into that and it's their own private world. and maybe that's part of the deba debate. >> do the family know that this man had these guns? >> when i asked them and i asked them directly a couple days ago, did you know that elliott had guns? first it was a no.

i said, was there any interest in that? and they said, he never even mentioned it. >> what have your friends told you about how they learned about the violence? >> the mother got a call at 9:15 to say, have you received an e-mail from elliott? so she opens up the document and the manifestos there and she reads the first four lines. and she immediately goes to youtube because she realizes something is very wrong here. there is a video there entitled "retribution" and she watches -- she tells me the first 20 seconds and she picks up the phone and rings her ex-husband, peter, and peter rings his ex-wife back and says, we have to go to santa barbara. there's something seriously wrong here. so they get in the car. chen in one house drives to

santa barbara. in the meantime chen has rung 911. as she's wringing the shootout is happening. and on the way they've got the radio on and they are hearing reports of a massacre on the streets of santa barbara and they hear that it's a black bmw that's involved. and they know that their son has a black bmw. and peter said to me at that moment, i knew he was the perpetrator. it was the longest journey of their lives. i would suggest everyone's nightmare. >> how has this affected them? how are they handling having lost their son but also knowing that he is responsible for the deaths of so many? >> they have literally cut down inci in size. they have diminished in standing. they walk slowly. they are mourning the innocence that didn't come back to their families on friday night.

they are not mourning their son. he is not part of their conversation. >> the family has a statement that they want you to get out also. is that true? >> that's true. thank you. we are crying in pain for the victims and their families. it breaks our hearts on a level that we didn't think possible. the feeling of knowing that it was our son's actions that caused the tragedy can only be described as hell on earth. it is now our responsibility to do everything to help avoid this happening to any other family. >> what do you want people to know about how much they did try, how much they struggled with managing the mental illness of their son? >> there is a sense that they tried everything. and as i said, even on the final night they were in chase of trying to rescue him. he's been having therapy since

he was of a young age. it's quite clearly there is years of work there and years of dedication to try and help their son. there's no blame. i don't hear blame. for instance, the police who went around santa barbara to his apartment. they have no blame for them whatsoever because, in a way, he had been fooling everyone for many years. the shame is that in the end no one could rescue what had happened on friday night. and what these boys who go out to kill don't understand and i'm not talking even rationale in their madness, but what they don't understand is that when they murder one, they murder many because they don't just kill the people that are lying dead on the streets or in apartment or in galleries or in cinemas, they kill thousands and thousands of others who are connected to those. and i've seen that. we all die over something like

this. and i noticed that clearly with my close friends who are stuped with grief, the tragedy is of what happened and the affect it has on not just a few but on millions. >> that's simon astaire, friend of the family. there will be blame. let's bring in jody gold. she's adolescent and young adult psychiatrist and clinical professor. doc, there will be blame. people look at the family when it's a bully, a sociopath, bad person, saying you knew, you should have stopped it. >> right. >> is that fair in a situation like this as we understand it? >> absolutely not. it's not fair. we're talking about a mentally ill person whose family tried to get intervention for him at a young age. i think what this tells us is how complicated it is to treat mental illness. >> the push back will be, you bought him a nice car, you

funded his lifestyle. so what, he said he wouldn't take his meds, so what he wouldn't really comply with this treatment all the time. you weren't on him enough. you didn't follow him around like you should have to make sure this never would happen. is that realistic? >> well, it's easy to cause blame in the past. i think what it does bring up is the idea of how to manage young adults who are just becoming adults and who have severe mental illness. i do think it's really important for the family to be involved. i think in this case it was clear this this young adult wasn't ready to live on his own and i do wish that there was an ability for this family to have kept him closer. i do believe they had financial resources and had they kept him closer maybe the family could have known more of what was going on. >> as we often hear with addiction, people who are outside that world when you hear, so you caught off this sick person, you cut off this addict? very offer for the family to go on and survive in a healthy way you almost have to, don't you? >> yes and no. addiction is different than mental illness. there is in idea with addiction

that sometimes they have to hit rock bottom. the problem with men tal illness, psychosis, is the inherent in the illness is a lack of insight. so in my opinion, when you think your child is psychotic or has an evolving psychotic process you have to be involved. >> you can't just get them locked up. >> you can't. >> there is no residential treatment unless you have a lot of money and even then they're all full and that's part of what we're trying to make clear in this, there are a lot of people out there like this. not somebody waiting to be a killer but mentally ill untreated. the digital footprint. he's making videos, they say maybe it was a release. is that an area where you have to be of particular sensitivity? >> yes and it's an area that is lost on some adults. i think we really have to look at the digital footprint. at this point the way i practice and a lot of mental health professionals are doing, it has to be part of why we do a psychiatric eval. when police come in you can't just look at a child, a child who doesn't have insight you

need to know about their digital footprint. it's a window into what's going on. what's particularly sad about the digital footprint piece is that people like him who have poor self-esteem, who are alienated, they go to the internet in an attempt to get support, to get reassurance. and usually what happens is the opposite. however, people that have good self-esteem and self confidence they can go to the internet and get lots of support and lots of friends and lots of tweets. it's not the case for people like him. >> newtown and here, two families who both went to authorities for help. there was a consideration of surrounding custody to get that kid in newtown into treatment and both times we saw holes in the system. cops are not set up to figure up your mental health and not trained for it. they didn't even search his room. they never looked online. there are big holes in the system of how we deal with this. the big take-away with me for mr. astaire was imagine raising someone and they do someone like this that hurts so much they are

not even mourning their son. >> i know. >> imagine the pain. >> i can't imagine. >> so overwhelming that they can only think of the victims, they can't even think of their own. doctor, big conversation. we need to keep having it. thank you forgetting up early for us. >> thank you for having me. kate? >> coming up next on "new day," we're learning about -- more about the pings. once the most promising lead in the search for flight 370. well, now, the likely not from the plane at all. so what were they from and most importantly, what does this mean for the search for that missing plane? plus, ahead, pruosecutors claim former nfl star her then dez struck two strangers before killing him. what allegedly triggered his murder rouous rage. strangers be. what allegedly triggered his murderous rage. two strangers be him. what allegedly triggered his murderous rage. [ female announcer ] you never know what might be out there. thlacing by you.

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on the inmarsat data that led them to the location of the pings. the investigation i've been on and many where down you go to a blind alley and you start over. so it's a terrible blow, but often that's the way it goes. >> yeah, it is what it is. and, mary, from your experience when you're talking about how these searches can kind of go down these blind alleys, this network of hydrophones that rene pointed out in her reporting that's a possible new lead, that they can almost detect ice breaking faroff. it sounds pretty spectacular to someone who doesn't understand it, which would be me, are these hydrophones, is this often used in searches for planes? >> no. again, i mean, this is very unusual situation because in most planes, we have information

from the plane itself as to where it is. you know, with malaysia airlines we don't have that. so, no, i can't say that using the hydrophones under water is a very common thing about all. but it's another possibility that's been offered up in a very impossible situation. it's one of those things they have to do it. once they have the lead they have to do it because 239 people are still missing. it's -- you can't leave any stone unturned. >> you sure can't. sarah bajc, we spoke with her earlier, you can sense the frustration growing in her voice and you can only understand that, mary, i know that you work with families very much. a possible solution in an impossible situation. that is at the very least where we are right now. mary, thank you very much. jeff, thanks so much as well. >> thank you. chris? >> coming up on "new day," what is going on at the va? we have the man who blew the whistle, led to the report that 1700 veterans were forgotten or lost. that's a quote in the system. hear what he says is yet to be

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look at yourself in the mirror and shave in the morning and not throw up. >> it's unforgivable. >> there's a question about destruction of documents and you don't even know who did it or their motive. >> lawmakers ripping into the va and the man at the head of it.

meanwhile, eric shinseki also speaking out in "usa today," he calls the findings of the new report reprehensible. confirms 1700 patients at the medical center in phoenix were not placed on an official wait list for treatment. the white house now saying shinseki is on thin ice. as more lawmakers including democrats are calling for shinseki's resignation. this is a big political story now. john king is off but that doesn't mean it's not a story, so we're going to bring in retired va hospital physician, the whistle-blower who first told cnn about workers covering up long delays at va hospitals. dr. sam foote. thank you for joining us. >> good morning, chris. thanks for having me. >> you have been there a long time. you've known the situation a long time p. when you look at the lawmakers, many long time serving congress. many of them sit on the veterans affairs committee.

do you think they have good reason to be shocked by these revelations the way they're posing? >> yeah, i think so. you know, in 2010 in phoenix we had a waiting times -- real waiting times between one and three weeks. and it's really gone south in the last three or four years. and to a level that in my 23 years we've never been this far behind. >> so it is fair analysis to say the va has had its struggles over the years but it has gotten worse and that is a recent phenomenon, in your opinion? >> in the last couple of years, yeah. and it's due to a multitude of factor sfwls wh factors. >> when you first came out there was pushback. sam foote is disgruntled, he is exaggerating it. we think a lot of people on the list that he's talking about their deaths will be unrelated. did that scare you? did that make you think about backing off? >> no, i knew the truth on this. i had it cold. this is not the first time i've worked to get a director moved

for cause. the first time was gabrielle perez in 2011. i made sure i had three to five times more evidence than i needed. and this was the same was true here as well. and i'm a big boy. i've been in the system a long time. i knew the pushback was going to come. and it's still kind of hard to take it when you get it but that's part of the decision you make when you do something like this. you know it's automatic in the va. they're going to slander you and make quite a few chents thcommes that are against the whistle-blower act. >> 42 hapts is a big number. do you think we know the extent of it yet or do you think we are in store for bigger numbers? >> i think that this is going to continue to snowball. and the closer that people look at it you're going to find the more, you know, hospitals that are involved. you've already got a quarter of the system. and i think shinseki's first comment was this is a few isolated incidents. this is not a few isolated

incidence g incidences. >> is he covering up? do you think he's acting off of information as he gets it? >> clearly at the last hearing petzel withheld a lot of information because he got blind sided repetitively. if the underleans are suppressing information and keeping it from him then that puts him in a very tough spot. >> do you blame the secretary? does he have to go? if you say this is relatively recent, that it's gotten this bad that means it's definitely under his watch, what does it make you say? >> well, i'm really not so much into playing the blame game. i would much rather prefer that we work hard to try to identify what the problems are and get them fixed. and do that first. you know, we always used to say in medicine, take care of the patients first, do the paperwork second. and i don't want that focus to be lost. >> fair point. fair point. and a good reminder. thank you for that, doctor. so let's look at the va. do you believe that these are problems that are indimick in

health care in general or something specific about the va that is feeding this failure to care? >> well, kind of to some extent yes to both. there is going to be a shortage of internists and primary care providers. and that's very -- the reasons for that are complex. i don't have time to go through that. but the va is facing that as are all the other health care networks with the physician supply. and i think the va is kind of on the bottom of the food chain when it comes to the pay scale for the difficulty of the work involved. i think they're suffering first. >> we are understanding that va hospitals had the option or administrators had the option to farm outpatients to the private sector if they couldn't handle the workload and they weren't doing that. what's your understanding of why they wouldn't be doing that? >> that's an extremely tedious process. it requires primary care

providers to put in specific consults for a certain amount of work, like one visit for evaluation and if they want to do something like surgery or some other procedure, if it can be done by the va then it has to be done at the va and then you have to get the report back to the outside guy for him to make the next decision on it. and it's a very expensive procedure. so it's usually not within the budget. it's been historically in the past used for a place like phoenix, for instance, neurosurge neurosurgery. we don't offer cardiovascular surgery but tucson does. so we can get most of our elected cases to tucson but the urgent have to be sent out. when you lose a service like we have you'rology, then it starts to become very expensive. and to fee base out the number of patients we're talking about, you know, we currently probably have somewhere between 10 and 15,000 patients that do not have primary care providers. mr. young, i think, recognized that when he said that he was going to increase from 61 teams

to 70 and currently we know there can't be more than 60 pack teams because i have yet to be replaced in the five months i have been gone. and if you look at the average team sizes, 1200 patients times 10 new providers that would provide treatment for 12,000 veteran which is probably about the number that we have uncovered right now. >> look, it's good to hear that from you because that means it's not as simple as that being the fix, which is what we're hearing from lawmakers right now. they can just farm it out and it will be better in the private sector. it's not that simple. >> well, the -- if i can get on that. the va does a very good job of chronic care and things like controlling diabetes and hypertension. where it falls down is urgent and emergency care. and especially where in sparsely populated areas. and that's where something like a vetacare system that -- a vetacare card that senator mccain has been pushing that would be valuable especially for people in remote areas where it's hard to find any hospital

that's appropriate, let alone a va one. >> dr. sam foote, thank you for coming forward. we have to get lawmakers to act on it instead of just complain about it. appreciate you being on "new day." >> thank you very much, chris. the good news is the doctor has been vindicated by the reports. the bad news is, his information was right. got to fix the system. >> absolutely. and that couldn't come soon enough. chris, thanks so much for that great interview. let's look at your headlines at 37 minutes past the hour. edward snowden speaking out on defending his actions. snowden telling nbc news he was doing his patriotic duty leaking classified documents. he said being a patriot means knowing when to protect your country and your constitution. he's been living in russia on temporary asylum. iranian hackers with behind an elaborate campaign using social networks to get information from military, government, and diplomatic officials here in the u.s. and abroad. a new report from a u.s. cyber

security firm says the group posed as journalists and used fake websites. the firm says it's not clear if the hackers worked directly for the iranian government. all right. going to show you video that is sure to spark some debate. take a look. dean potter took his 4-year-old dog whisper along for a jump on the side of iger mountain in switzerland. he was well secured on his owner's backpack. you saw his goggles. whisper is believed to be the first dog to go base jumping. here is our question. funny, cute, cruel, amazing? >> look at it attacking his face. >> animals in space. >> good point. very good point, baldwin. cuomo? >> how did he get his legs out that far? >> in a backpack. >> the dog seemed to like it. >> how can you tell? >> did you ask the dog? >> did you see how happy he was? >> pulling his cheeks back like you with your windows down with your head out. >> actually landed, you crazy

monkey. >> sorry. >> i don't have a problem with it. >> i think we have reached a nonconclusion conclusion. >> i don't know. i just am like, really? >> you wouldn't take your dog? >> we should be doing this? >> there you go. >> i think this is crazy. people have lost their lives. >> subjecting the pet to a hazard that it can't control. >> absolutely. thank you for saying it so eloquently. >> it's the vest. >> that's what it is. anyway, tweet us, facebook. i'm curious what you guys think. dog lovers, space jumpers. >> where is your watch? where is your monocal? >> i feel much smarter there. >> you've got an hour and a half left of that. >> after the baby i'm going to strap you to my back and we're going to jump out in a wing suit. >> he does the standard. >> i love the baby. i love the baby. what? the baby comes first. >> you don't love me though. >> get used to it. baby comes first. >> michaela? coming up next on "new day,"

former nfl star aaron hernandez now a murder suspect on trial. disturbing story behind what prosecutors say motivated him to kill two men in boston. that's ahead. plus, brad pitt gets a big hit in the face at angelina jolie's big movie premier and the suspect is not new to the red carpet stunts. how is he getting past security? [ laughter ] smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. [ girl ] my mom, she makes underwater fans that are powered by the moon. ♪ she can print amazing things, right from her computer. [ whirring ] [ train whistle blows ] she makes trains that are friends with trees.

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this morning we're hearing for the. >> reporter: first time why prosecutors say former nfl star aaron hernandez opened fire killing two men on a boston street in 2012. hernandez who is also charged in a third murder appeared in court wednesday pleading not guilty to two charges of first degree murder. suzanne candiotti has been following it. she has the details. >> reporter: prosecutors call it a chance encounter among strangers that ended in a double murder over a spilled drink in a boston nightclub. >> there was an entirely senseless killing. >> reporter: while dancing, investigators say daniel bumps into then new england patriot aaron hernandez who spills his drink. >> the defendant became angered and increasingly agitated. >> reporter: hernandez is acc e

accused of stalking the young man and his four friends after leaving the bar and shooting from his suv into their car. >> the defendant leaned out of the driver's side window of the suv with a loaded revolver in his hand extended out and stated, yo, what's up now, and then a racial slur. the defendant immediately fired at least five rounds from a .38 caliber revolver into the victim's car. >> reporter: they were killed. three of their friends survived. >> the defendant and his friend were escorted into the nightclub. >> reporter: relatives sobbed, listening to details. the man with hernandez that night, in court papers he's identified as alexander bradley, not currently charged in this case, he's jailed on an unrelated charge. prosecutors say that friend told them hernandez was enraged over that spilled drink and convinced the stranger who bumped him was, quote, trying him. the suv hernandez is suspected of driving was later found covered in cobwebs at his

cousin's house but not until after the murder of odin lloyd about a year later. hernandez pleaded not guilty in that case and in this one. >> how do you plea? not guilty. >> reporter: prosecutors and other law enforcement sources say hernandez was growing more and more paranoid leading up to the double murder in boston and later odin lloyd. yet, it never seemed to effect his game. susan candiotti, cnn, boston. >> our thanks to susan candiotti. in hollywood, a red carpet crasher attacking brad pitt. the star hit in the face while signing autographs during the premier of "maleicent." entertainment correspondent nischelle turner has the skinny on it. >> he's really ramped it up since 2012. he is. this is a question, though,

because now we're talking about security. it seems like the more they try to keep this man out the more he finds ways to get in and get close to the stars. this time though police say he physically attacked brad pitt. it did happen last night at the "maleficent" premier. he signed autographs. when witnesses say this man, 25-year-old sediuk, jumped over the barrier, struck brad pitt in the face. security did move in. he was arrested but not before he smacked or punched or whatever he did to brad pitt. this isn't the first time. if his name sounds familiar it's because he's tried to establish himself as a red carpet crasher. he's probably best known for this. remember this? back in 2012. he was on the red carpet when he could still get a credential. he grabbed will smith. tried to kiss him there twice. not once but twice. will smith pushed him away. gave him a backhanded slap. >> turned his cheek first though. >> backhand, dismissive slap. this man says he means no harm.

he comes back after the fact and says, oh, i was just, you know, being funny and -- >> hitting in the face isn't funny. >> a lot of people don't find this funny. you punch someone, that's not fun funny. he has been booked with misdemeanor battery. but here's the thing. we showed that video of brad pitt before. remember, just walking past. that was after this all happened. >> did he punch him or maybe he just did something short of that that's more pranky, less crazed violent person. >> police did say to us last night that he struck brad pitt. they didn't say he punched or slapped but that he struck him. >> same person that was crawling under her dress? >> yes, same guy in cannes a couple weeks ago. he did that. the came guy that crashed the stage at the grammys in 2013 when adele won and jumped on the mike when jennifer lopez was standing there, the same guy that grabbed leonardo dicaprio. >> find a day job. >> this is becoming his but they need to make an example of him. >> you have something else for

us. >> it's thursday. i haven't seen you guys in a while. >> miss you. >> can we have a little family bonding time. like family game night. >> yes. >> that's what we're going to do. >> trivial pursuit, not. >> we're staying with hollywood though. >> i want to give you guys a little quiz because, of course, here at cnn we are kicking off a newer isries called "the sixties." we're going to play our "new day" version of name that tune. ready for this? the theme to this tv show, roll it. >> this is my decade, people. '60s. ♪ >> sabrina. >> cheater. >> he's a cheater. no way he got that in three little pings. >> "bewitched." power of the vest. >> it's not power of the vest. >> "bewitched." don't hate, imitate. >> no, that's -- you're supposed to wait until after the break. >> "bewitched." they hate to lose and i love to win.

>> chris cheated, shocker. america, this is how he got ahead in life. everyone gets to try the nose. do the nose. >> nose wiggle? >> yes, nose wiggle. >> chris can move his head. that's actually quite unique. >> that was good. you look like you've got an itch. >> let's see what you've got. you look most like her. you look like you're going to sneeze. >> while we're wiggling our noses i want to tell you guys a little bit we've got this new original series that premiers tonight at 9:00 p.m. while they chat tr, eastern and pacific on cnn. also, you can set your dvr if you can't watch it tonight because of course we can do that these days. couldn't do that in the '60s. you can go to cnn.com and check all of it out. >> it was a good decade for me. >> i will wiggle my nose and make you disappear, cheater. >> i didn't cheat. looks at the haters.

later in the next hour, the man, the legend, '60s icon dick cav vitt joins "new day." up next on "new day," remembering a litry icon, poet and activist maya angelou touched so many people, former presidents, superstars and all of us. we'll bring you a tribute to the legend coming up in moments. hey, i heard you guys can help me with frog protection? sure, we help with fraud protection. if there are unauthorized purchases on your discover card, you're never held responsible. you are saying "frog protection"? fraud. fro-g. frau-d. i think we're on the same page. at discover, we treat you like you'd treat you. fraud protection. get it at discover.com

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good to have you back with us on "new day." today we're taking a special moment to remember maya angelou who passed away wednesday at age 86. her powerful words inspired so many of us. cnn asked you to share your own tributes. clay gonzalez of new jersey remembered angelou by reading his favorite quotation. >> if you get, give. if you learn, teach. we all lack knowledge and wisdom, so why not share the one that you have. >> words of inspiration from the great maya angelou. thank you. >> if you get, give. if you learn, teach. i like that. >> she first found angelou's writing as a 10-year-old girl and it helped her deal with a negative self-image. >> as a child growing up with

these features, dr. maya angelou gave me comfort in my skin. she made me feel like it was absolutely okay to live in the skin that i'm in. >> ireporter adrian shawn from detroit got emotional speaking from the heart about the huge impact angelou had on her life. >> thank you maya angelou for making a positive impact on my life, for teaching me to love myself, to never be silenced about things that are wrong that you see going on in the world, and just for having the courage to be you.

i hope you rest in peace. thanks. >> kate and chris, just a little taste of the impact that dr. angelou's wife and he words and her works and her activism and her own story. i think that's what's been impactful, is her story. >> she just talked about the courage of being you. you talk about it. her story is remarkable in how she took what she was handed and made such an unbelievable and phenomenal life out of it and inspired so many. never bad to take a moment to honor that. >> hard to pick what thought or what set of words -- you keep hearing here are her 10 best quotes, 20 best quotes. her words will live on. a major development in flight 370 search. those pings originally suspected to be from the plane's black

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good morning. it's thursday, may 29, 8:00 in the east. the head of veterans affairs addressing a disturbinging new report. in an opinion piece this morning, he calls the failures uncovered at the phoenix va reprehensible. he says all veterans will get the care they need and get it quickly. he's responding to the report confirming 1700 veterans were waiting for treatment and left to fepd for themselves. the white house says shinseki is on thin ice. last night va officials were hammered on capitol hill in a hearing. let's bring in white house correspondent michelle kosinski. >> in just listening to this hearing, four hours of these congressmen, democrats and republicans absolutely ripping into representatives of the va. they were asking these good relevant questions that for some

reason the va just couldn't answer. in part it was concerning this new official report on the phoenix va where the scandal broke. as you can imagine, reaction to it is just exploding. >> how you can stand in a mirror and look at yourself in a mirror and shave in the morning and not throw up. >> unforgivable. >> there's a question about destruction of documents and you don't know who did it or their motive. >> reporter: the anger from congress overflowed. >> this is a decade of excuses. >> the house is on fire and nobody is going to survive. >> all of you i think have to find something else to do. >> the va bureaucrats at time squirmed. >> i don't know. we hope to get that done. >> that's know not what you said a minute ago. you said we're going to do that. >> we are going to get that done. >> reporter: one va tried to get a hearing aid for two years,

another in need of urgent care for two months. >> they wait on a list languishing. >> congressman i was focused on trying to improve the process. >> reporter: this inspector general's preliminary report spells it out, systemic patient safety issues, possible wrongful deaths, significant delays, lists and documents that disappeared. in phoenix there were 1700 veterans waiting for appointments but never entered into the computer system. more than 1,100 veterans waited an average of 200 days. now fallout. on cnn senator john mccain called for the va secretary's resignation. >> i think it's time for general shinseki to move on. >> the president briefed on the latest developments found them deeply troubling. one white house official described shinseki as being on thin ice. some lawmakers are calling for a

criminal investigation. the department of justice has been reviewing the new information. shinseki himself as weighed in saying shinseki will investigate the accusations and calling the findings reprehensible. >> reporter: the va has the ability to farm out to other systems if it's overwhelmed. >> thank you very much, michelle. let's bring in drew griffin. he and the cnn special investigations unit first broke this story of deadly scheduling abuses at the va facility in phoenix. he's joining us now from our washington bureau with more on a scandal that is breaking wide open this morning. we're still in the learning phase, right, drew? still more that could be out there. >> we are in the learning phase sort of, chris. as you saw in that interim report -- keep in mind it's an

interim report from the oig which i found astonishing because it lays out all the allegations as proof as to what's been going on in the va. they say this delayed care is systemic. it is across the country. it's now being investigated in 42 different va facilities. it was truly a damming report, and yet the va is still trying to defend itself, particularly in phoenix. after that hearing, that four-hour hearing last night, i asked dr. lynch about this, quote, unquote, secret list. the va still denies there was a secret list in phoenix. listen. >> i was working with what we could learn in phoenix. i was working with what we learned from dr. foote and dr. mitchell. i think i could identify each of the elements as they were identifying as potential secret lists in terms of work flow that were confirming. i think there were lists, i don't think they're secret.

>> there are secret lists, multiple lists we found even within areas of specialty. so this whole idea that it's a misunderstanding i think is a red herring, to try to claim that what they were doing was trying to provide quicker health care for the veterans. let the facts speak for themselves. >> chris, lynch was trying to tell me last night that the secret list was actually an interim work product that was destroyed. that may be what the va is going to try to explain to those members of congress. i'm telling you, they are not buying it. >> what is the doctor's explanation for how this keeps happening within the system? >> he believes there was a performance goal put in place a performance goal of making sure every veteran was seen within 14 days, and reaching that performance goal kind of lost track of what the actual goal was, which was to see the patients and get the health care

delivered. he believes the various va facilities across the country lost their way trying to reach this unreachable goal and started manipulating numbers to make that. >> let me bounce something off of you. when i hear representative miller and these other lawmakers so filled with huff and puff about how angry that are about this, they've been sitting on many of them, the veterans affairs committee for years, for years. how much of their outrage over this is justified and how much should they be looking at themselves for how long they missed this? >> of course, up in capitol hill there's a fair amount of fear in all these hearings. but the house veterans affairs committee, chris, has been trying to get information out of the va for more than a year now. they have been absolutely stonewalled. that hearing last night was taking place because they were not handing over the documents and still aren't handing over the documents that the house veterans affairs committee has

been asking for. so it's understandable that last night there was a lot of anger because these officials showed up with absolutely no answers to the congressman's question. but to the bigger point, i think there's a lot of blame going around, but members of congress can't run the va. all they can do is give the va enough money to run itself. honestly, both sides of the house have been giving the va all the money that the va has asked for for years and years and years, and yet these problems persist for years and years and years. >> all right, drew. thank you for tracking it down. this has taken some courage on your part as well. it is not easy to attack a system like this. stay on it. thank you for being with us on "new day." let's get a look at your headlines. the ntsb investigating another near collision, this one over anchorage, alaska, tuesday, involving an alaskan airlines

flight and a cargo plan. they asked the airlines flight to perform a go-around, both planes came within a quarter mile of one another. this is the fifth incident coming to light in two weeks. happening today at the white house, the first ever concussion summit. president obama will host the day-long session on the dangers of sports-related head injuries, particularly for young athletes, expected to unveil a number of new initiatives by the nfl, ncaa and others helping to prevent and better manage concussions. first lady michelle obama taking her healthy food fight to "the new york times." in an op ed she criticizes house lawmakers for threatening to roll back higher nutrition standards in school lunches and adding foods not created nutrient dense to the food voucher program. the u.s. spends about $190 billion a year on -- beesity

related conditions. members of congress want to let some schools opt out of those standards. obviously a conversation we'll be having for some time. this is on going and lots of people have opinions on this. what matters is our kids are getting some food and getting healthy food, right? >> what i keep thinking is why is this entering the political realm? >> shouldn't have to. >> that's where the money is coming from. >> fair enough. if they're paying the bills, they get a say. but don't forget our kids here. >> shouldn't be a political football. up next on "new day," back to the drawing board it seems in the search for flight 370. officials say the pings they detected were not from the plane at all so what were they from? most importantly, what does this all mean now for the search? 's l due to menopausal changes. the problem isn't likely to go away... ...on its own. so it's time we do something about it. and there's help.

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welcome back to "new day," friend. remember the pings many the indian ocean that everybody said were from flight 370? now the u.s. navy says they weren't. on top of that officials say the plane isn't even in the area scoured by the bluefin-21. it's all out of the water and now no sign of the plane and nowhere really to go it seems. let's discuss the future of the search and how this actually happened with cnn aviation analyst mary schiavo and safety analyst david soucie. help me understand, mary schiavo, are they saying they know the pings didn't come from the plane because they know they came from someplace else? or are they saying because they did not find the black box that was spoedupposedly making the p that they must assume it wasn't

from the plane. >> i think it's a combination of both. they said they were skeptical because the kilohertz didn't match up to what the pings were and because they were far apart than you'd expect the pings to be if they were from the two black boxes, the flight data recorder, cockpit voice recorder. now they have completed the search and scoured the area where they should be, they have to conclude those were not the pings. it's a combination that the evidence was not accurate and now that we've searched, we know they weren't the pings. >> a huge difference, a difference with a distinction, right, david. it's one thing if we can't find it, the other thing is we got it wrong initially, right? >> right. it's tough to be critical during an investigation like this, especially having been an investigator myself. so it's tough to be critical, but at this point i'm starting to get there because of the fact that we've been hearing it all along and we actually did our own investigation with cnn to determine what that other sound could have been at 33.3

kilohertz. it's very frustrating that we knew weeks ago and they knew obviously now, weeks ago, even before the bluefin finished its search that they were dramatically in question. my question is not should they have continued the investigation and the search, they should have at that point realized we need other equipment instead of waiting several weeks later to then now start bringing in additional equipment. why didn't do they do that sooner is my question? >> what was going on, mary? were we getting carried away with the coverage. i remember jeff wise saying i don't think those came from the plane and got a beatdown. i remember the australian prime minister saying, i have great confidence in this. those things were happening, right? >> those things were happening. it's characteristic of an investigation. you're trained to guard against bias is. there's something called an anchoring bias, where the first clue you get, you latch on and

run with it. confirmation bias where the inmar sat data says this is where the plane is. you go and get pings. that's confirmation of your theory. you go down blind alleys. i think that's what's happening here, the anchoring and confirmation biases. everyone was so hopeful to find the plane that when they got the pings -- you know what? even without that, they would have had to look. if they had those pings and were suspicious because the people and the plane are still missing, they had to look. there was no way they could not have done this. >> there was suspicion offered up this morning that this is done by design, david soucie, misdirection, that they with looking in the indian ocean because it's the farthest point on the globe and no one would ever know what really happened. the conspiracy theorys are popping up. is that fair or do you agree, as mary was saying, this is the area they needed to search?

>> i'm confident it's the area they needed to search. but i'm becoming less confident because of the fact that this misdirected information, whether intentional or not, i don't think it's intentional. i don't believe there's a conspiracy going on here. as mary said, sometimes investigations going this way. i have to admit i'm starting to look at other things, other possibilities at this point. >> what do you do, mary? each of you offer up one. if all of the inmar sat data and everything else i don't understand lead you on these arcs that take you to this region, where else can you look? >> australia has already given us the clues that they were on to this some time ago. one of the things they'll do is look at different way points, the highway, before gps, to see if the plane was following a way point route. now they're going to see if there's any data from the hydrophones, the nuclear test ban treaty association. we started getting drips and

drabs. i would look for other search avenues now that this one has dried up. >> david? >> then you're looking at grasping at straws. it looks like you're grasping at strauss. it's the only information they have, not good information. they're in a difficult situation, no doubt about that. after looking at the inmar sat data, i'd continue looking at the southern route. i do believe it's somewhere in that 23,000 square miles. unfortunately that's a huge area to look. >> can you say with confidence, either of you, both of you, it didn't land in some country and is sitting in a hangar, that it's no more probable than anything else. still the greatest probability, mary? >> yes. i think it's the greatest probability it's in the ocean and not in a hangar. >> susie? >> 100% agree with mary.

>> obviously a setback, crushing to the families. hopefully the information will get better. up next on "new day," edward snowden not holding back and not regretting his actions. is he a traitor or a patriot? why he says he leaked classified information. much mosh on nbc's interview coming up. for the first time we're hearing from the family of the california killer, their first statement since friday night's rampage. we'll have an inside look at their struggle to help their son. you've reached the age where you've learned a thing or two. this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain... it may cause an unsafe drop in blood pressure. side effects include headache, flushing,

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the ford escape with its foot-activated liftgate will help you bring it home. ♪ here we go, five things you need to know for your "new day," a white house official saying cnn va secretary eric shinseki is on thin ice after it's revealed 1,700 veterans in phoenix were never scheduled or put on waiting lists despite requesting medical care. a navy official saying the pings picked up initially are not from flight 370. rebels have shot down a ukrainian military helicopter over shroveiansing. at least 14 people including a general were killed. homeland security chief jay johnson facing tough immigration questions at a house judiciary

oversight hearing today. it's happening after the white house asked johnson to delay his deportation policy review in order to keep hope alive on immigration reform. and at number five, cnn learned as many as five groups are bidding to buy the l.a. clippers with offers as high as $2 billion. nba owners will vote on june 3rd to decide whether to terminate donald sterling's ownership after the racist remarks. so the family of the santa barbara shooter, they're not even mentioning his name anymore, this after years of trying to manage their son's mental illness. the killer's family is racked with guilt and the inevitable question. i sat down with a close friend, simon astair. >> the mother got the call at 9:15 to say have you received an

e-mail from elliot. she opens up the document and the manifesto is there and she reads the first four lines, and she immediately goes to youtube because she realizes something is very wrong here. there is a video there entitled "retribution." she watches, she tells me, the first 20 seconds and she picks up the phone and rings her ex-husband, peter, and peter rings his ex-wife back and says, we have to go to santa barbara. there's something seriously wrong here. so they get in the car, in the meantime shin has running 911. as she's ringing, the shootout is happening. on the way they've got the radio on and they are hearing reports of a massacre on the streets of santa barbara, and it's here that it's a black bmw that's

involved, and they know their son has a black bmy. peter said to me, at that moment i knew he was the perpetrator. it was the longest journey of their lives and would suggest everyone's nightmare. >> how has this affected them? how are they handling having lost their son but also knowing that he is responsible for the deaths of so many? >> they are literally cut down in size. they're diminished in standing. they walk slowly, their con station is stilted. they are mourning the innocence that didn't come back to their family on friday night. they're not mourning their son. he is not part of their conversation. >> what do you want 350epeople know about how much they did try, how much they struggled with managing the mental illness of their son? >> there is a sense that they

tried everything. as i say, even the final night they were trying to rescue him. he's been having therapy since a young age. it's quite clear there is years of work there and years of dedication to try and help their son. there's no blame. i don't hear blame. the police who went around santa barbara to his apartment, they have no blame for them whatsoever because, in a way, he had been fooling everyone for many years. the shame is that in the end no one could rescue what had happened on friday night. and what these boys who go out to kill don't understand, not talking that there's rationale in their madness, but what day they don't understand is when they murder one, they murder many because they don't just kill the people lying dead in the streets in apartments, in galleries or in cinema, they

kill thousands of thousands of others who are connected to those. i've seen that. we all die a little over something like this. i've noticed that clearly with my close friends who are stooped with grief. the tragedy is of what happened and the effect it has on not just a few, but on millions. >> including even the family of the shooter. guns, yes, have to be discussed. media, yes. they get a lot of attention. treatment of the mentally ill does not. change has to be made there or we'll keep seeing the situations. >> change has not been seen there at all the fact they say he's not even part of the conversation, they don't think about him, don't mourn him, is so striking. >> don't know what to do. up next on "new day," edward snowden is speaking out, explaining why he exposed u.s.

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edward snowden says he's no traitor, he's a patriot. in an nbc news interview with brian williams, saying the american people needed to know what their government was doing. snowden is facing espionage charges back here in the u.s. we're joined now to discuss with jeffrey toobin, cnn senior legal analyst and former federal prosecutor as well as fran

townsend, cnn analyst. fran is also a member of cia and department of homeland security external advisory board. good morning to both of you. i want to tick through some of this interview and discuss -- they covered a lot of ground in this interview. let's first listen to the simple and important question, is edward snowden a traitor or is he a patriot? >> have you performed, as you see it, a public service? >> i think the most important idea is to remember that there have been times throughout american history where what is right is not the same as what is legal. sometimes to do the right thing you have to break a law. being a patriot doesn't mean prioritizing service to government above all else. >> sometimes doing the right thing, you have to break a law. he also says, fran, show me the harm that i've done. ever since this came out, he says, three branches of government, they've all seen

reforms. show me the harm i've done. >> first, let's talk about the notion of the self aggrandizement, i'm a patriot. people that wear uniforms and put themselves in harm's way are patriots. they're not on television bragging about it and running from facing federal charges. he also said, when he said he wanted to come home, by the way, he can come home and face federal charges and he was wrong when he said that he can't do that because he won't get an open trial. there's an entire process called the classified information procedures act that allows the government to prosecute these espionage charges. >> is there real harm, fran? >> what he says -- he's very careful in his words. they're quite rehearsed. he talks ability there's not an individual life lost. there's a loss of collection. we've heard repeatedly from intelligence officials that the public revelations of the programs have reduced our collection, have actually put the nation -- made it less safe

by virtue of the revelation of these collection methods. >> jeffrey, just to fran's other point she was making, he says sometimes you have to break the law to do a good thing. >> well, the implicit comparison is him to martin luther king, defying the bigots who were running the south in those days. it is just a false comparison, i think. yes, it may be true in the abstract, but the point is that the vast majority of the things he has disclosed are good intelligence programs. the fact that we are collecting intelligence from the taliban in northwest pakistan, one of the things he disclosed is something that i think is a good thing and we should be doing it. that's why we have an nsa. to say that he has been a whistle-blower when the fast, fast majority of what he's disclosed is uncontroversial and legal i think just shows he has

a disproportionate sense of what he's doing. >> the president, though, since all this has come out, he's pushed for taking a look at reforming these programs. fran, is there any inch of validity to what edward snowden is saying? >> there's no question, kate, that the notion that we can adjust these programs to greater protect privacy and civil liberties, that's fine. and that's not a bad thing if it can be done without denigrating the programs themselves. >> how he went about it. >> that's exactly right. this notion he couldn't have done it any other way is a complete falsehood. he claims to have written a letter inside to the general council. nbc confirmed there was at least one letter. what they didn't ask is when did you do that? did you do that before or after you stole this massive quantity of documents. by the way, if you didn't get satisfaction there, go to the inspector general, to congress. why didn't you take steps where

you could have revealed if you had a concern, legitimate concerns without doing harm to the national security. >> if i can just add one point. what did he take? where is it? that is i think is a very legitimate question that has never been answered. he was in hong kong which is under the control of china. he was very careful to say that russia had no access to the material he stole, but what about china? where is it now? who controls it? yes, it appears that some journalists have some of it now, but i think the idea that he took all these things that were bad and that were bad for america and bad for civil liberties is simply not true. the fact that it's not -- that we don't know where it is and we don't know how much he took indicates that i think he realizes he has something to hide. >> still not entirely clear if the federal government itself even has a grasp of everything edward snowden took with him.

let's listen to one last bit of this interview that i think everyone with want to hear, on the question of does edward snowden want to go home? >> are you looking for clemency or amnesty? would you like to go home? >> from day one, i'm doing this to serve my country, i'm still working for the government. whether amnesty or clemency ever becomes a possibility is not for me to say. that's a debate for the public and the government to decide. if i could go anywhere in the world, that place would be home. >> jeff, he also says that he does not think that he can get a fair shake under u.s. espionage -- during a u.s. espionage trial. >> he wants to go home, but he wants to go home on his terms. we have laws in this country. they apply to everybody. if you steal classified information, you are subject to penalties. he's subject to those penalties. he's right. he's looking at a lot of jail time if he goes home. you know what? that's what civil disobedience is, it's accepting the

consequences of your actions which he has not done. >> do you think he will, in the end, be prosecuted? do you think he'll face justice? >> i think he's a coward. he knew he would face the charges that jeff has spoken about and what did he do? he ran. in his interview he said he's not had any contact with vladimir putin. he doesn't talk about the kgb and intelligence services. he says nothing about them. essentially, if he was truly -- this was an act of civil disobedience, he would come back. what would that do? that would fuel the very debat . he says he did this to start. >> he says if he has to, he will reapply for asylum in russia. jeffrey toobin, fran, thank you so much. an important conversation to be having. coming up on "new day," tv

icon dick cavett is here. joining us to preview the new cnn series "the sixties." the master of the interview is in the house wearing a vest like a true gentleman should. [ laughter ] smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. help keep teeth clean and breath fresh. that helps prevent the urge to smoke all day long. with beneful healthy smile food. with special crunchy kibbles and great taste, it's a happy way to a healthy smile. beneful healthy smile food and snacks.

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the dick cavett show! ladies and gentlemen, dick cavett. [ cheers and applause ] >> this is not relaxing at all. >> contracting arms and leg muscles. >> that is weird. >> we're getting tips from dick cavett who is here in our studio about what he would be doing at that moment when the music came up and his queue was given, the iconic "dick cavett show" changed the face of tv and made this man an american legend. it was during his show that americans watched the events of the 1960s change the course of history. you can see it chronicled in cnn's new original series called, conveniently enough "the sixties" premiering at 9:00 p.m. tonight. what a delight to have you. so great to hear what you were thinking backstage when the music would come up.

you said you prepped by doing what? >> when you played that, i did this, it's the best way to shake that. and then tightening of muscles is good, too. you say change the face of the '60s. all i can think about is how i changed my face since the '60s. >> i love when you come out and say as pure and honest as newark, new jersey. >> yes. that was right at the time of a hideous crime scandal going on in newark, one of the times a crime scanned nl newark. when i think of the '60s, it's hard to think what was '60s and what was '50s. i know i miss, strangely enough, black and white television. >> why is that? >> it might have to do with black and white in movies is more realistic than color, and you realize that as you mature.

and also the fact that it was bloody live, and when jack benny walked ourkts i knew he was walking out at that instant at cbs television city in hollywood and i was seeing him in nebraska live. live dramas, my god, there was studio 1 and kraft theater. can anyone name a live drama now? >> they tried to do "the sound of music" a few years ago. >> who knew "the sound of music" would queer it for everybody. that's an old expression. it doesn't mean anything bad. >> what do you make of -- late night tv really came to light in the '60s. what do you make of late night tv today? how is it different? >> i got in trouble and got a nasty headline saying cavett slams colbert and stewart. then the article, of course, no

slam i slamming. we need 90 minutes in those days, not 24 or a piddly hour, five nights a week, 90 minutes. i warned stephen colbert -- i used to be a tall red-headed man. look at me now. >> it's interesting. you got, i'm sure, all sorts of pulled in front office, critics pointing the finger at you. how did you react in the moment when you would hear that kind of criticism, sort of like i'll show them or do you let it roll off you? >> you hit a good point. the very first show i taped, i'm nervous as hell, but i had great guests. mow hamid ali and angela lance bury. it went great. i came off and an abc vice president said we're not very

happy. who gives a damn what ali thinks about vietnam. so they had me tape another show. it wasn't as good. they ran it first. then they ran the show and they say now cavett hit his stride. >> no good thing is ever done except in opposition of management. >> so put that in stone -- >> my head stone. >> good play on words. the fact that they were so -- just losing control of their bowels over controversy. i remember coming off once, and the same guy said, dick, that thing you said about whatever is going to offend people. i said, yeah. that sort of stopped him. >> you think we're more that way or less that way today? >> maybe a bit less. maybe a bit less.

i don't know. i think they still quake at such thing. well, certainly less. good god, the stuff -- good god probably offended a few people. sore richlt at least i said good. there was stuff the smuthers brothers did was so controversial it knocked them off the air. it was pale in comparison to what we see now. cable gets away with more. >> for me it's such a treat. you created for television to a large degree the art of conversation. >> wow. >> i think it's still the hardest skill in the business to perfect. back before you came on, you gave me a real magic little gem there which i don't know which i should betray. i'll tell you afterwards. dick says he has a question that you can ask to anybody at any time. >> when you go blank and you look at the person and you realize their lips have stopped

moving and you haven't any idea what they said. the lady producer says, have a stand-by question that works for anybody like do you pee in the shower. >> so, dick, do you pee in the shower? >> actually i'm doing it now. you make me so nervous. we've gone this long on cnn without mentioning the airplane. i can't believe it. >> do you know where it is? >> have you found it yet? >> no, i'm working on it but i can't talk about it. >> this sixties series, people are eager about it. talking about it. i think tonight it airs. >> tonight at 9:00 p.m. i'm told i'm all through it. i've been through that before. i go to the beatles and i give them two hours and they say you're all through it and i have

one line. >> roger ailes of fox gave him my interviews to look at, to season him. i'm wondering why roger didn't get me instead of you. >> i was cheap. you were real talent. it would have cost them money at the time. >> i'm sure you're past that now. >> what is your gem, your piece of advice. >> what jack par said before i did my first show,er in rottic, nervous, excitic, the way jack was on and off the air, hey, kid, when you do the show, don't, don't, don't. don't do interviews. do i sing, dance. interviews, that's what your favorite this and david frost in his clipboard and jet lag, make

it a conversation. isn't that what we're doing really. >> we would hope. trying to. >> dick cavett -- >> otherwise, mr. cuomo, once i saw -- as bad as this, and a guest says we open the old trunk and you'll never guess what was inside. i said do you have any hobbies? i was going by my sheet. >> the ill-timed question. cnn's new original series "the sixties" premiers tonight at 9:00 p.m. set your dvr, watch it live. don't miss it. >> we had no kardashians back then. >> imagine the time. you were so lucky. >> will you come back and visit us? >> thank you. i hope i didn't take up too much of your time. >> sure did not. this was wonderful. some very bad men ruin a toddler's birthday. what the responding officer did in response, now, that's "the

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starts with the bad stuff. a car robbery in florida. the victim upset because burglars made up with her 3-year-old's birthday present. used her tax money to purchase them. no way to replace them. officer derrick pratico. >> i believe children deserve presents on their birthday. the next morning after roll call, i went over to walmart and bought him a toy police car and went to publix and bought him a birthday cake and a card. >> it wasn't all. he also bought the mom a $100 gift card to help get her back on her feet. why did he do all this? >> it was just the right thing to do. just the way i was raised. >> that a boy, mom. >> whoever raised that young man did a nice job. >> simple and remember. police, protect and serve. >> good example. >> thank you officer for being "the good stuff." let's get you to "newsroom" with mr. don lemon.

>> you have no snarky retort, chris cuomo. >> i was waiting for him to make some pregnancy remark and for you to have my back. today he doesn't do it. >> he doesn't do it. >> listen, i got to say, that kate bolduan, pregnant? that's one hot pregnant lady. >> that's why i love you. i love when you lie. >> if pregnancy goes as good as you look, you're doing good. >> doesn't sound right coming from him. >> lemon, you should get a vest. >> you know he wants more air time. please take it. >> i'll leave you with this, a vest is an all-day hug. thank you very much. "newsroom" starts right now. -- captions by vitac -- www.vitac.com good morning