we'll see you back here at 10:00 eastern in the cnn newsroom. >> that's right. "smerconish" starts for you right now. stay close. i'm michael smerconish. it's a new year and we've got lots to talk b. we're going to drill down on some of the stories of the week. a burning question on capitol hill. did a powerful republican house leader talk to what many call a hate group? i'll ask the group's founder david duke the former klan wizard is here. cold war in gotham. cops turn their backs on new york city's mayor. are they turning their backs on enforcing the law? what we still don't know about 9/11 the missing 28 pages from a congressional report on that infamous day and why they are locked away in the basement of the u.s. capitol. former senator bob graham is here to weigh in. and serial the popular podcast

about a murder case that is captivating millions. might it lead to a new trial for a man serving life? who better to ask than allenan dershowitz dershowitz that and much more so stick with us. welcome to the program. we start with a burning question royaling the nation's capital. did the third ranking republican in congress once speak to a white nationalist organization founded by former ku klux klan grand wizard david duke? that will be on the minds of members of congress when they begin reconvening in washington. after their christmas recess. steve scalise was a louisiana state representative on the rise back in 2002 when he reportedly addressed the european american unity and rights conference. he was invited by an adviser to duke. scalise said he didn't remember addressing the group but said in a prepared statement that it was quote a mistake i regret. which sounds like he was there.

but then that political adviser who initially told "the washington post" that scalise was there, backtracked and said that scalise addressed a civic association, as the contradictory statements are parsed given making inroads in the minority community. i have questions and who better to ask about scalise's appearance than david duke himself. so 2002 did steve scalise speak to the group you founded? >> frankly i'm not sure. i was in russia at the time doing research for my dissertation dissertation i since got a ph.d., and i was in moscow in fact almost every day, i did a telephone hook-up. it's -- we got to make something clear. they say former klan leader or whatever. this was 37 years ago in my life. okay. and -- >> but true. admittedly over a long time period but true. >> it's also true that robert bird was in the klan but a lot

of people were friends of robert berg democrats an republicansch it's really a biased situation. because i denounce -- first i was never violent but i denounce even then violence. i left it because i didn't want to be associated with that kind of taint. i have never supported white supremism yet i read about it. this wasn't a hate group, in fact the european american unity and rights organization was an organization dedicated to true civil rights and stopping the discrimination against people the best qualified people should be engaged and every people have the right to preserve their heritage freedom and values. >> you founded it. this is a huge story. it's a nationwide -- so i have to believe common sense would tell me david, that as the story has broken you picked up the phone or gotten on line and said to the people hey, what's the deal? so what's the deal? >> i certainly did and i got conflicting reports. one person said that he was a no

show that he was scheduled to come. other person said that he -- said that he did come. i mean i just don't know what the truth is. i think that it seems that mr. scalise thinks he may have that's why he is covering -- >> he is covering himself. we have to go to a deeper aspect of this the fact that if any united states congressman went to a group and presidents have done that too, which is the united race which is an activist group for the interests of mexican americans and latino americans, if that was happened nobody would have a blink of an eye. >> you would. you beef about that and saying that other people are beefing about this. >> actually i don't, sir. the fact is i believe that every people has a right to work for their interest to preserve their heritage. i believe every people on earth have that right. i believe every nation and people has the right to be free and independent. i preach every day. you can hear it on my radio

show on my website, books, writings. but it goes beyond that. if he would have gone to an african-american advocacy group who is concerned about african-americans like the naacp, republicans, democrats go no problem f. he had gron to a jewish group even for a foreign country which is israel and the interests of the jewish people no problem. but he came to a european organization big problem. don't forget he was an elected official. so what is america all about, don't we -- aren't we supposed to believe that if you're elected official when you serve in congress you are representing all the people of your district. not the people just who voted for, not the people you agree with. aren't you supposed to listen to people. >> just to close the loop what you know of scalise and the meeting. eric erickson make as good point. you come to a daftd duke event you pretty much remember you were there. >> look. certainly as far as the media is concerned it's a controversial group. in louisiana, i got 65% of the

european american vote in that district that he represents i received 60% of the vote. all his constituents to be their governor and to be their united states senator. so maybe the national media which is i consider to be very racist against european americans, and i think that they have really caused the insightment of african-americans against european americans and i also think that they have also facilitated european americans being angry. >> totally separate issue. >> it's not. >> i'm trying to find out was the man there. i can't understand why there would be such confusion. i'm going to remember let me finish this. i'm certainly going to remember the day that david duke was on my television program. i would think that he would remember whether he addressed your -- >> i wasn't. there i was in moscow over the telephone and if he did come, he would have come at a different time. here is the situation. i was not his supporter, he was not my supporter. i did not contribute to him. he did not contribute to me.

okay. he was not a member of my organization. he was a early young representative who got elected in louisiana and was pushing a tax program and coming to constituents. and again, i believe that every elected official has a responsibility to hear out people who are right wing, left wing. >> no matter their few point. >> of course. >> help me stay focused on this incident. you said this week that if he is crucified i believe that was your word choice you're going to name names. what are we talking? >> i would tame names of any democrat -- i know some democrats and republicans in the house of representative who tried in fact urged me to support them i think i did. the governor of the staft louisiana mr. foster wanted my support. >> you're saying there are members of congress today who have relationships with you -- >> have had. >> but they choose to keep those private. >> that's fine. >> and you honor that. >> i respect somebody's privacy. >> i would call them out if they hypocritical. >> david duke in the last three

years your open let tear the world and you go back and talk about world war ii and about atrocities on both side of the aisle. but you never use the h word. you never use holocaust. i don't want to get into this debate but you raised it. does the new david duke in 2015 believe that the holocaust occurred? >> i believe there were terrible atrocities. >> i want you to say the holocaust occurred. >> i don't care what you call it. >> i want to haefr you say it. say it. >> i believe in the quote, holocaust. let me tell you why is it that there is no movies very little attention about the greatest holocaust in the history of the world which was the holocaust against christians by the soviet communism and that's my point. is that we have a controlled media today that talks about the holocaust but they don't talk about the death and destruction of tens of millions of christians which was bigger -- >> i want to talk about everything which is why you're here. >> my book is the secret behind communism and deals with that. write to me and find out about

it. >> david duke thank you. we're going to take a quick break. when we come back new york police turn their backs on the city's mayor. we'll tell you what else they are turning their backs on. plus the missing 28 pages, can they tell us who planned and funded the terror attacks on 9/11? and another multi-million-dollar college football coach, should the players now get paid too? [ narrator ] mama sherman and the legion of super fans. wow! [ narrator ] on a mission to get richard to his campbell's chunky soup. it's new chunky beer-n-cheese with beef and bacon soup. i love it. and mama loves you. ♪ ♪ she inspires you. no question about that. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph,

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it's winter in new york but that's not the only reason that things are chilly. there is a cold war between the mayor and the police department the relationship was rocky even before he took office but then eric garner an african-american was killed by police and a grand jury chose not to indict mayor de blasio seemed to side with the protesters a beganman shot down two officers in cold blood and that relationship got worse with cops literally turning their backs on the mayor.

this week we learned from "the new york post" arrests, traffic tickets and parking violations are way down. it's not clear if it's a planned job action or just a spontaneous reaction but it's a problem. let's look at the latest weekly numbers compared to last year. criminal court summons down 94%, traffic violations down 94%, parking tickets down 92%. overall arrests down 66%. i'm sympathetic to the police. full disclosure in legal practice i spent 15 years working for a police officer's widow in what was the highest death penalty case in the nation. i think that the police behaveior in the current case reached a tipping point and might undermine public confidence in officers, the idea they would not enforce the law is abhorrent if it's true. joining me to dig deeper into this is ed mullens, the president of the new york

sergeants benevolent association. so what's going on? >> this is a great topic. i'm glad you brought it up. this is a topic that has a lot of interest in the people in new york and needs to be clarified. the drastic reduction in numbers that you highlighted would appear to be obvious concern to the public in new york city of police not making arrests, issuing summons. what is left out of that equation is the daily protests that are occurring around the city of new york where hundreds in that times, in thousands of police officers that are responding to these protests our duties are technically being reassigned from the daily functions we've been doing to working these demonstrations throughout the city of new york. in addition to that we've had the tragedy of two police officers being killed which has totally diverted almost ten days of one funeral to another

funeral, officers running around taking care of families but also doubling up on patrols and concern of further assassination attempts. so what we haven't discussed is there's been no delay in 911 response the public is still being served. by no means is this an organized thing. is there a cold attitude that's going back and forth with the mayor, yes, but not at the expense of public safety. >> no wick and a nod among officers. >> it would be illegal for first of all any of the representatives of the police officers or of the rank and file to do such a thing, and we would not encourage that where public safety would be jeopardized. it's not something to be done. >> what i'm hearing you say primarily is that the manpower necessary to keep the demonstrations the demonstrators and those around them safe, is drawing manpower that would otherwise be used to make arrests in the kind of cases. >> i believe there is an impact to that. i believe when you see these

demonstrations every day, now i can't tell you specifically that's the direct cause, is there other issues i'm sure that that has some of an impact. but that's not the total answer to what's taking place. >> i ask the question because i'm one of those who puts police on a pedestal i recognize that they are in a special position in our society because of what they do. and i'm worried that they are going to cause a lack of confidence in law enforcement generally if people see them i think turning their back on the mayor is abhornet. i have to say that to you because i'm worried that the public will look at that and say if they will turn their back on him why wouldn't they turn their back on me? >> the one thing, i appreciate your expression and your concern for that. what i can tell you is the police are not slowing anything down to jeopardize public safety. number one. as far as the police turning their back on the mayor, you know it's funny is that when we

look at the hundreds of demonstrations that occurred and we hear the mayor talk about freedom of speech and first amendment, the members of the police -- from across the nation they did this at the funeral. have a first amendment right like every other american and they made a statement without breaking a single law, or saying a single word. and everyone's entitled to agree to disagree but they too, are entitled to do that. now, when we talking about making a statement, in regards to making a statement that would jeopardize public safety they are two total different topics. and the public need not to be concerned. particularly you support police the people that are here in this city are receiving police protection response from the police. but we do no good responding to you if we can't respond safely. >> i'm interested in learning in our minute that's left where did things go so wrong between law

enforcement and this mayor? was it when he acknowledged having had a conversation with his son and said that he told him he has to take special care if he has a police interaction? i ask that question because that's the sort of thing i hear from african-american callers to my radio program day in and day out, and i confess i have three sons, i never had to have that kind of a conversation with them. is that when he lost the confidence of so many? >> no. things are building of what happened. if you look back when the mayor campaigned he campaigned really labeling the nypd as a racist police department. and it was all over stop and frisk which we agree the process that was there was probably being abused and more of a statistic quota thing in place. and there has to be checks and balances but this has been an ongoing process that's occurred. and the mayor kind of has a history of actions that have been somewhat anti-police. we all talk to our -- i talk to my children about dealing with the police. but i don't do it in a sense, i

think every mom and dad in this country tells their child if they are lost f there is a problem, go to a police man. i would love to know what did the mayor tell his son if he can't trust the police who should they go to? >> thank you for your time. appreciate it very much. the mayor has tried to mend his relations with the city cops he attended to funeral for one of the slain officers and likely to attend the other tomorrow as well. he spoke to graduates of the police academy. while the graduates sat quietly others spoke out. my next guest says it's time for police and the mayor to move forward and face each other and find common ground amy davidson is a staff writer at new yorker magazine her article is titled "no one here should be turning his back." amy, welcome. you asked, quote, who are police officers turning their backs on when they refuse to face the mayor? and whom are they protecting? what's the answer to those two questions? >> you know i think that when they turn their back on the

mayor whose statements on the garner case were not so out there, i mean he basically said that he acknowledged that people in the city were disappointed by the lack of grand jury indictment. he called for protests to be peaceful. he made the point that it's only peaceful protests that have ever really accomplished change. and he talked about the experience of his son as a young bi-racial person in new york city and what that meant for him and how he sometimes worried about how dante would experience interactions with the police. none of that is so far out there that you would think that the police by turning their back on the mayor were narrowly protesting a particular city policy or anything like that. they talked about the lack of respect, the lack of honor.

it felt like they were turning their back on the whole city. >> law enforcement say there's a reason why a guy who was hell bent on killing cops ended up in new york city and did those despicable things that he did as opposed to going to some other locale. the argument being that the comments of mayor de blasio al sharpton and others extended the welcome mat. what's your thought on that? >> before he got on -- before he came up from baltimore to new york he shot his girlfriend in baltimore. young black woman. this was not somebody who just was sitting there peacefully and suddenly was converted to a life of crime by peaceful protests about police power. this is a guy who had a life of petty crime and had already acted violently that day. one thing that is troubling about the police idea that this is all de blasio's fault t

protesters' fault is it takes the responsibility off of the guy who actually pulled the trigger. the guy who actually killed two police officers. the blood's on his hands. to say that any real questioning or dialogue or protests about really serious issue in our society, what are the limits of police power, what is the best way to police our cities what's the best way to be safe and to be civil. >> i told mr. mullens when we were talking about this that i worry about the standing of law enforcement in the eyes of the public. i'm an attorney back home in philadelphia there is a standard jury question which asks potential jurors would you be inclined to believe the testimony of someone in law enforcement because they are a member of law enforcement? and many times i said that in answering that question myself i'm one of those who would say yes, because i hold members of law enforcement in a special position. on a pedestal. i worry that there's a decline in confidence on the part of the

public in police by these incidents, these high profile incidents whether it's the garner case whether it's tamir rice the ferguson case and the turning of backs on the mayor is going to exacerbate that. >> i think that's really interesting because what's the answer to that at a moment like that? one is to know that the police themselves are greatly concerned when something goes wrong. one thing that i think struck people about the eric garner case is that the video showed the police department's own rules being violated. there's not a moment where you can really talk where you can be open it's exactly that problem of wondering whether this distance is made greater in moments like this by things like turning your back. >> thank you. coming up the 9/11 victim families that are fighting for access to secret information. can missing documents help us figure out who planned and

funded the attacks? also planning for the unthinkable. how can we keep track of passenger planes so it doesn't take so long to find them if they crash? and guilty or innocent why i'm not so sure that the serial podcast can help us figure it all out. [coughing] dave, i'm sorry to interrupt... i gotta take a sick day tomorrow. dads don't take sick days, dads take nyquil. the nighttime, sniffling sneezing, coughing aching, fever, best sleep with a cold medicine.

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welcome back. recovery efforts go on in the crash of airasia flight 8501 i keep thinking about the need for real time transmission of data from the cockpits of commercial airlines. if i can track my kids through their cell phones why can't we do likewise when hundreds of lives are in the hands of two pilots. arthur is the founding partner of the law firm and he joins me from philadelphia. arthur this has been your business for 46 years. what is it that you think went on that you haven't heard anybody else express thus far? >> michael, there's an emergency air worthiness directive. it's one of the most critical items that the government can issue regarding the safety of

aircraft. on december 10th, 20 days before this accident the governments of europe and the united states issued one on the airbus a 320, that at certain altitudes the attitude sensors, the things that tell the pilot and the autopy wloot the nose of the plane is doing freeze up at high altitudes in bad weather such as thunderstorms. and they will cause the airplane to dive directly to the earth and the crew can't do a thing about it. that has not been mentioned by anyone but fits classically within the circumstances of not only airasia 8501 but air france 447 where they blamed the crew instead of the plane. >> should this plane not have flown in that weather? >> this weather was horrible and there are no lethal consequences to delaying a flight. they should have delayed this flight. or canceled this flight. but lots of airlines lots of times when they shouldn't, will

dispatch aircraft in foul weather in the hope that their flight crews will be able to use their radar to avoid serious weather conditions. this crew used its radar, but they tried to climb, they were denied the full climb that they requested, they deviated and they were able to deviate around some storms but there's a point when the weather gets so bad that an airplane shouldn't be dispatched. this was such an evening. >> does the fact that the pilot made that request to climb comport with arthur walk's concern about the safety directive perhaps not have been followed in this case, in other words, put the pieces together for me. >> all right. the airplane is flying in thunderstorms, it's turbulent, icing conditions exist as they do in the tops of thunderstorms. the pilot is deviating to get around the worst of it. he now tries to climb to get above as much of the clouds therefore turbulence that he can. icing conditions occur.

those icing conditions affect the instruments of the airplane because of this problem identified in the emergency air worthiness directive. there is really nothing he can do. once the icing conditions prevent adequate information getting to his computers to control the airplane. so the pilot is between the literal rock and a hard place. that's makes him a passenger just like everybody else when control is lost. >> thank you. i haven't heard about that directive from any one else. i appreciate your having been here. the former head of the senate intelligence committee tells us why the president should release 28 missing pages from the congressional report on 9/11 and what they may tell us.

mr. president, please declassify the 28 pages that hold truths regarding who was behind my father's murder for me and for the other 3,000 children who lost a parent on 9/11. as a father wouldn't you want your children to not have to live with unanswered questions without ever knowing the truth? >> that cass katelynn her father was killed on 9/11 13 years removed from 9/11. the american people don't have all of the information available about the attacks that shook america to her core. a congressional committee conducted an investigation.

today buried in a filing cabinet are 28 pages from that investigation that were first classified by president george w. bush. reportedly those 28 pages have interesting details about possible saudi involvement in a planning and funding of the attack. president obama has promised 9/11 victim family members that he will release them. but he hasn't. he should. mr. president, please release the 28 pages as you promised. we can handle the truth. one person who has read those documents and wants all americans to have the same access is former u.s. senator and florida governor bob graham. he was chair of the senate intel committee when the 9/11 report was finished in 2002. he is in boston. and terry strata we heard from her daughter her husband tom lost his life at ground skroxt terry is co-chair of 9/11 families united to bankrupt terrorism part of a lawsuit looking for civil damages from the people behind the attacks. welcome to you both.

terry, what still don't we know 13 year removed? >> what the 9/11 families know is that saudi arabia played a major role in financing 9/11 but the american people are not aware of this fact. >> you believe we'll know if we get the access to the 28 pages, senator graham you read those 28 pages. what's in them? >> well i can't give details because they are classified michael. but you correctly state they primarily deal with who financed 9/11 and they point a strong finger at saudi arabia. >> senator graham we're talking about the work that was done by the intel committee distinct and different from the 9/11 commission. how did the 9/11 commission handle this issue when they conducted their investigation? >> well they did not pursue some of the leads that we had left them with. our joint inquiry lasted during the year of 2002 the citizens

commission was established shortly thereafter. many of the lines of investigation that we had begun to unearth, particularly in the fall of 2002 in my opinion have not been adequately pursued. >> lawrence wright has written on this and notes that the prince bandar himself has requested that the 28 pages be released. in other words, that there is an argument for the saudis they think they are being besmirched by the lack of release. can you tell me anything about their position in this regard? >> i personally take that with a very jaundice view. it sounds like there was an understanding between the white house and the kingdom that they would concoct this idea of asking the white house to release, the white house refused, they actually issued their refusal while

representatives of saudi arabia were in the air flying to washington. they got there, heard that their request had been rejected. got back on the plane and flew back to saudi arabia. i think it was a very transparent contrived way to try to find an excuse for saudi arabia. >> terry, this controversy has been going on for a while. in 2003 44 members of the u.s. senate signed a letter and said we want this information released. those included secretary clinton, then senator clinton, and senator kerry, now secretary kerry. have they fallen silent since taking on their new responsibilities or are they still championing this cause? >> they are silent on the issue. we have not heard from them. also vice president biden signed the letter as well. we've heard nothing from anybody. >> what's going on here?

what do you think is driving this? >> they are protecting the saudi regime over protecting the american people. and that is the travesty and that's what we're trying to bring to the attention of the american people that they can get involved in this. there is a website, 28 pages.org, they can go to this and read the letters that we have written to the president, read the letter written in 2003 and they can take action. they can call their representatives and they can get involved and they can ask them please read the pages and support this. >> i hope you get resolution before the 2016 cycle begins. but if you don't, this ought to be an issue for the presidential campaign where in a debate forum, they are asked, will you release those 28 pages? i hope it happens now on president obama's watch. senator graham i don't want to get too far in the weeds on this though i have read up on the subject. is this all about a deal that was made between the wahabi extremists and the saudi family to buy peace in that country?

is that the origin as far as you can tell of this issue? >> yes. and i think that has real implications for the united states because saudi arabia has been the principle supporter financially and otherwise of these extremist movements. al qaeda al qaeda in the arabian peninsula, al shabab the al qaeda franchise in somalia and now isis are all the products of saudi's desire and commitment to its clerical leadership to extend this extreme form of islam. and our failure to call the saudis to account i think has contributed to their feeling of impunity that we can do whatever we want to do because the americans even under the most severe provocation are not going to respond. >> i know this week you are all going to stand up with members of congress. i wish you god speed in that regard. it's hard to look at your

daughter beautiful by the way, and not say release the 28 pages. >> thank you very much. yes. exactly. we hope that we'll be successful this time around. >> so do i. thank you, senator graham as always appreciate your time. >> thank you, michael. happy new year. >> you too, sir. serial it's a true murder story and wildly popular podcast. but is it fair to the murder victim? i'm going to do into that with alan dershowitz. big money college football f. coaches can make millions why shouldn't student athletes get paid? nearly half a million cars were stolen in 2012, but for every car stolen 34 people had their identities stolen. identity thieves can steal your money, damage your credit and wreak havoc on your life. why risk it when you can help protect yourself from identity theft with one call to lifelock, the leader in identity-theft protection? lifelock actively patrols your sensitive, personal information

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i usually agree with alan dershowitz. maybe not today. we both torn through serial the most successful podcast ever. it averages more than two million visitors per episode. reported and comes from the team behind this american life. it's a real life murder mystery that has those millions of fans hanging on every clue. ood nonsyed convicted of killing his girlfriend 15 years ago. and the question for the audience is did he do it? we hear about their romance, the breakup, the evidence and a key

witness, a buddy named jay who testified that adnon showed him the dead body before the two proceeded to bury her. there is no dispute whether the podcast is well produced and engaging entertainment. is society well served by it? i've been tweeting after listening to each episode. i adopted my hash tag which is entertainment not evidence. i worry that the public is getting a distorted view of the case. >> when i first met anon i was struck by two things. he was way bigger than expected. and the photos i had seen he was a lanky teen with struggling facial hair and saggy jeans. he spent nearly half his life in prison and the second thing you can't miss is that he has giant brown eyes like a dairy cow. that's what prompts my lines of inquiry. could someone who looks like that strangle his girlfriend? idiotic i know. >> alan is hearing something

different. one of the best known defense lawyers, also the author of "terror tunnels." he joins me from miami. professor, we have this societal problem of no snitching. no snitching campaign. in this case a guy snitched. isn't that good and isn't he being villainized in the podcast you know i refer to jay. >> of course it's a good thing to snitch on guilty people. it's not a good thing to make up a story about an innocent person. and what we don't know for sure. hook hard at the evidence. harder than the evidence that the case did and present to the court of public opinion both sides of the issue about whether jay was telling the truth or jay was lying. many of the people who heard

this believe jay, some don't. i think this podcast served a very important public service. it's going to make sure in the future judges are more careful about how trials are conducted. they don't want to be second guessed. as far as the victims' family is concerned obviously they have a tremendous interest in learning the truth. and in learning whether or not this conviction really was against the right person. >> i worry that the information, the evidence if you will is being unspooled for entertainment value. cliffhanger moments and so forth. two items come to mind. we were 8 hours in before i learned that he had not taken the stand in his own defense. we were ten hours in before i learned that adnon's attempt at appeal is in part predicated on him saying he wanted to plead out in this case. so where that information wasn't shared up front from the git-go that's where i start to feel that bias has crept into the

presentation. >> i think not only should that information have been shared and i'm not here to defend every aspect of the podcast but it should also be mentioned that no reasonable lawyer ever puts his client on the witness stand except if he feels the case against him is overwhelming because it takes the attention away from the witnesses the prosecution put on the case. and as far as a deal i've had many clients who claim innocence, needing to make a deal if they think that the risks of going to trial far exceed the benefits of having a plea and a short sentence. none of these are desire pos positive but should have been up front. >> you are a really nice guy and i like talking to you. if i said that about alan dershowitz it would make sense. in this case it was said by the reporter to a man doing life. >> first of all, she's clearly needs to engrash 80 herself with him in order to get him to open up. second you can be a nice guy and have done a terrible,

terrible thing in the past. the most important thing is this gives the public an insight into doubt, into how the legal system deals with doubt. anybody who has listened to the podcast comes away saying he may very well have done it some think he probably did it but everybody's going to say there is some doubt about jay's story which he's changed repeatedly. and i think it's important for the public to know that cases are not based on absolute certainty. we say beyond a reasonable doubt but then we change the standard based on new evidence. and we say that even if there was possibly a reasonable doubt at trial we're not going to give you a new trial unless you can conclusively prove that the new evidence will establish your innocence so. the public learns a lot from this. >> final question. have you personally reached an opinion as to the guilt or innocence based on serial? >> well i think based on what i've seen there is a strong case

of his factual guilt, and a weak case for guilt beyond a reasonable doubt. let's remember that our system says better 10 guilty go free than one innocent wrongly confined. so in this case i say if this were a civil case there would be enough to say he was guilty by a preponderance. but based on the new evidence i think there is a reasonable doubt. >> on that we disagree. i'm concerned about the victim in this case and who is speaking for her. >> so am i. >> thank you. up next michigan hires former 49er coach jim harbaugh for big bucks to lead their football program. should college athletes be asking show us the money? od job. i like it when my toothpaste lets me know too. that's why i went pro. go pro with crest pro-health. for an intensive clean. i can really feel it deep cleaning my mouth. for a 4x better clean try these products together. that was a great check up.

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this week jim harbaugh one-time star quarterback at the university of michigan and a successful football coach at the san francisco 49ers came back to michigan to head of that program. he'll be paid $7 million for 7

years. still i think that if college coaches make tens of millions players ought to get paid too. to get perspective, i'm joined by cnn's sports anchor andy schulze. they showed him the money. >> they certainly did. and the rumors started floating that even a year ago harbaugh would be a possibility at michigan it was pretty much get him or bust. because anything else was going to be a failure. there weren't any other big names out there. the boosters wants him. the fans wanted him. so once this season went south for 49ers those rumors ramped up and the michigan ended up getting their man. and the rumors was 6 years, 48 million which would have been the highest contract ever. it ended up being less than that which many think was a bargain. because harbaugh was the hottest coaching name that was available. >> i see he's number two in

terms of the payment for college coaches, and if you look at it as a percentage of the program i think he dips down to number 4. dips down doesn't seem to proper way to describe it given all the money. but here the university of michigan can afford this because of the money that the program throws off. i wonder if at a lesser school there will be temptation to stay competitive to dip into funds that would otherwise go to academics. your thoughts on that? >> well, you know the football program, they are the funding source for moat athletic departments. i think 65% of all athletic departments are funded solely from the football to pay for baseball swimming lacrosse that don't make money for schools. so smaller schools would go out interest to there to try to overpay to get revenue coming in from the

football program. because in small towns and places like ann he or shearbor, when the team is not going well fans are less likely to come to the games and make the trip and stay at the hotels and eat at restaurants. so it effects the whole community. and and. >> and it is also of course that aspect of college that most resonates with alumni after they leave and plays a huge role whether they are going to continue to support the alma mater. let me ask you about this subject. i know you have been paying attention to the movement in some quarters in terms of the compensation for college athletes. what does a hiring of the jim harbaugh with and that sum of money do to that debate. >> this is going on for years. and it looks like right now college athletes are not going to paid their true value. a college football player at the

university of texas is worth $100,000 a season. would they pay 80 to a 100 player that and still be profitable? probably not. and that is the argument. if the university of texas is going to pay their athlete that much money, show a school like houston or tcu, they can't afford to do that. so you can't afford oto that and all the talent is going to end up going there and it's going to make the gap grow even bigger. >> andy scholes, thank you so much. when we come back a comment on sartorial splender and an honor i never thought i'd earn. stick with us. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved

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finally, i was nervous getting dressed today. political operative roger stone has assumed mr. blackwell's mantle. and every year he crowns the best and worst dressed. lucky for me i made the former and not the latter. to quote stone, he used to be more conservative and frankly a lousy dresser but as he moves to sirius and cnn his look as improved. he mixes jeans with tasteful sports jackets his neck wear on camera is solid. probably the only time in my life i'll be on the same list as the prince phillip.

thanks for joining me. don't forget you can follow me on twitter if you can smell smerconish. see you next week. today a big step closer to finding a doomed airasia jet. four large pieces believed to be the plane have been discovered. now a daunting mission going down 100 feet into the angry java sea to retrieve them. >> sole survivor. after a 7-year-old girl walks away from a plane crash and straight to someone's house for help. >> and her arms and legs were scratched up real bad. and she told me that her mom and dad was dead. >> oh and it is