Skip to main content

tv   Anderson Cooper 360  CNN  January 5, 2015 6:00pm-7:01pm PST

6:00 pm
good evening. thank you so much for joining us. 9:00 pm here in new york, 9:00 am out on the very stormy java sea where the search is on for airasia flight 8501 and the bodies of those yet recovered. why the airbus a320 fell during the flight from surabaya to singapore singapore. this from indonesian officials, reports as well that the plane's tail section where one of the black boxes is located might have been found. we've yet to confirm that. all the same there is plenty happening at this hour. the latest from paula hancocks
6:01 pm
just back from a trip on one of the search vessels. talk to me about how difficult it is the conditions out there, the search for the wreckage and the victims. it's been slowed down by this rough weather. >> reporter: anderson you can see it's glorious weather on land here at the moment. that means nothing out there. the military helicopter that's taking off behind me right now, a group of muslim clerics on board, a group of imams who will fly over the search area and say a prayer for those victims who lost their lives in that airasia crash. now, on sunday we had a chance to get right into the middle of that search area sector four, with one of the search and rescue boats and see exactly what those weather conditions were like. they're not good. sunday was supposedly better than most other days but it was still very windy. the wind -- the waves were very high. the crew was looking out to see if they could see anything with the naked eye. i was looking as well. and if you saw something, it could disappear within a second
6:02 pm
behind a wave. and then you wouldn't see it again. it is very challenging. one of the crew members did spot something. they called it in. then another larger boat came and picked up a seat from the aircraft showing just how important it is that they do have plenty of eyes on the surface of the water. but, of course it's under the water that they really want to get to see. we know the u.s. is deploying sonar at this point. divers are struggling. zero visibility we're being told. as you can see with these conditions we saw on sunday just how choppy this sea is. you don't expect it to be calm. it is the middle of the java sea. but this is the middle of the monsoon season and officials here are telling me the weather is by far, the biggest obstacle in this operation. anderson? >> i understand the ship you were on relatively small from the other craft out there, you had to turn around after completing only half of the mission. >> reporter: that's right. the mission was to transfer a pinger locater to one of the
6:03 pm
larger ships that's able to stay out at sea the entire time. they just about managed to do that. the expert who was supposed to jump across between ships didn't in the end because the ships were banging together and it was simply too dangerous. they also tried to get the inflatable boat across which is needed to operate this pinger locater. that failed as well. so we know they've headed out again on monday to try and carry out that mission. the largest ships are doing the bulk of the work here. we know the u.s. has two ships out there at the moment. helicopters on board. it's a real international effort. you've got russia france australia, malaysia singapore, to name a few, with a lot of assets in this search. unless the weather significantly improves all the best equipment in the world really has some serious limitations, anderson? >> yeah. appreciate the update paula. paula hancocks. some very difficult condition ss.
6:04 pm
they can do what divers often cannot. however, stephanie elam reports even these maritime versions are not super human when it comes to operating in rough waters. >> there's no line to the surface. they're totally autonomous. >> 1600 pounds of technology plastic and foam withstanding the pressure of diving 20,000 feet below the surface. this $3 million auv or autonomous underwater vehicle belongs to the institute. this one is built to float. every bit of weight added has to be counter balanced. >> it's little tiny tiny microglass spheres encased in epoxy. >> oh, wow! >> you can't see them. >> larger glass spheres encase the technology. >> a computer on the bottom side of here that runs all the flight code tells the vehicle which way to g it keeps track of the mission, logs a lot of the data.
6:05 pm
>> reporter: with these battery s s, auv can stay down for 16 hours. while there, it also measures temperature. >> with those two measurements we can calculate the speed of sound and water, important measurement when we're working with sonars. >> reporter: also on board -- >> mapping vehicle, instrument that you want working every time. >> reporter: to get the mission under way, a command is sent to the auv that gets picked up by this device. >> once everything checks out and we have good navigation on the bottom we'll hit the go button. >> reporter: 80 to 100 feet deep, the java sea presents its own challenges. huge swells could make retrieving the unit from the open water challenging. >> we have to get it close enough in to the ship to hook it but far enough away we don't want it bouncing off the ship. >> they've got it. it's locked in. >> here we go. >> reporter: they can swap out technology based on the mission.
6:06 pm
that part has evolved with time. one thing that hasn't change sd each mission is a very slow process and then it takes time to doe download the data and then analyze it. stephanie elam cnn, off the coast of california. >> this of course is david gallos' specialty. flight 447 and cnn analyst with us as well cnn aviation analyst and private pilot miles o'brien. indonesian authorities are trying to confirm they found what they think is the tail of the plane. do we know exactly what is contained there, in terms of the black box? is it the flight data recorder? what would be there? >> well you know it depends on how much of the tail they got. on this version of the airbus 320, the black boxes are up a little bit further in the aircraft. it depends how much of that tail section they got. and hopefully, they did get a part of the tail section. even that part has not been confirmed yet, anderson. >> miles, there are thousands of this kind of airplane in use, the airbus a320. the idea this crash could have
6:07 pm
been because of a flaw is pretty scary, considering how many people are flying on these planes every single day. it make it is harder to understand why efforts to install something like live streaming track rg moving so slowly. >> a lot of resistance to this anderson. i think, really when you get down to the bottom line it is the bottom line. airlines don't want to spend the money. it's technologically possible to send out streams of data when an aircraft is in trouble. we would know all these important answers right now. yes, the family tragedy is bad enough but there is the possibility that there is some kind of flaw that the whole world needs to know about right now. airplanes are flying with them. and that's why this has to stop. >> you know david, i keep thinking about these divers rough conditions. you have huge swells on top, currents underneath. zero visibility and all manner of twisted steel and debris that could cut a diver, seriously
6:08 pm
injure a diver, trap a diver. >> it would be horribly dangerous to be around a wreck like this with all the jagged edges as you say and even more so to enter it to find the black boxes or remove the bodies trapped inside. it's a horrible situation to be in. and, you know, it's not something that's going to go away in a day or two. it will probably take days for the currents to settle down maybe even longer for visibility to improve. >> david doesn't some military aircraft have black boxes that essentially eject from the aircraft itself? >> they do. >> why wouldn't civilian airliners do that as well if part of the danger for diver sincere to enter the wreck to get these boxes? >> another good question. a fundamental misunderstanding what it takes to work beneath the surface of the sea. >> we talked last hour about how airasia was not licensed to fly on sunday four days during the week but not sunday the day the flight actually took off. you think this raises broader questions about how the airline itself was operating? >> i don't think it's actual lyly
6:09 pm
going to be a direct, contributing cause to this accident that somehow this additional aircraft overwhelmed the air traffic control system and made it difficult for them to evade the weather. i don't buy that. but i do think it says an awful lot about how the airline might be operating and how the regulators may be operating, or not so well in that part of the world. you know aviation safety is all about a million tiny little technological things that you have to get right. you have to dot every i and cross every t. when you look at the face of things and see that there's an i that isn't dotted or there's a weather report that was nonstandard, all those things start to add up. and that begins to erode what we call aviation safety. >> david, in terms of the conditions obviously if it's too dangerous for divers can robots can undersea vehicles can they be used? >> no. >> it's shallower water. zero visibility is still zero visibility. >> that's right, anderson. i thought initially our ov
6:10 pm
which has a cable attached to a ship would be okay. but it's not. you have to hold a ship fairly still and under these conditions that's tough. with those currents at the bottom tough. even with the auvs, like the one we saw in the clip those will get pushed around by currents. they're not equipped to handle high-speed currents like this it's a catch 22 in many many ways. >> and the monsoon season lasts through till april. david gallos and miles o'brien, appreciate it. what a 7-year-old girl is facing after surviving a plane crash that claimed both her parents, her sister and cousin. ♪ you're only young once. unless you have a subaru. (announcer) the subaru xv crosstrek. symmetrical all-wheel drive plus 34 mpg. love.
6:11 pm
it's what makes a subaru a subaru. well, a mortgage shouldn't be a problem your credit is in pretty good shape. >>pretty good? i know i have a 798 fico score thanks to the tools and help on experian.com. kaboom... well, i just have a few other questions. >>chuck, the only other question you need to ask is, "what else can you do for me?" i'll just take a water... get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. daughter: do you and mom still have money with that broker? dad: yeah, 20 something years now. thinking about what you want to do with your money? daughter: looking at options. what do you guys pay in fees? dad: i don't know exactly. daughter: if you're not happy do they have to pay you back? dad: it doesn't really work that way. daughter: you sure? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab.
6:12 pm
marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and a good source of fiber to help support regularity. wife: mmmm husband: these are good! marge: the tasty side of fiber. from phillips. latte or au lait? cozy or cool? exactly the way you want it ... until boom, it's bedtime! your mattress is a battleground of thwarted desire. enter the sleep number bed. save $300 on the final close-out of the c3 queen mattress set. he's the softy. his sleep number setting is 35. you're the rock, at 60. and snoring? sleep number's even got an adjustment for that. you can only find sleep number at a sleep number store. right now find the lowest prices of the season with the c3 queen mattress set only $1199.98.
6:13 pm
know better sleep with sleep number. tonight, a 7-year-old girl
6:14 pm
is back with her family. unfortunately she is not home. she, her sister piper, her cousin sierra and her parents were on their way home from key west. >> i heard no noise whatsoever. when she told me plane crash, of course i looked outside to see if there was any smoke or anything like that. no there was not. and so i brought her in the house and propped her feet up and called 911. and got ahold of a police officer and fortunately they were real close to the house. >> tonight, sailor gutzler's hometown is in shock. george howell is there for us. you're in illinois tonight. how is the community dealing with this? >> reporter: you know anderson it really is sort of a mix of emotions here in this town. on one hand people are celebrating what many call a miracle, the fact that this
quote
6:15 pm
7-year-old girl that sailor gutzler managed to survive a plane crash and, at night, make her way through the brush and trees to find help. people are grateful she's alive. on the other hand look this is a community in mourning at the loss of the gutzler family and the fact that sailor must now grow up without her mother her father her sister and her cousin. and, really that affects people hew erin many different ways. this is a community where people take pride, small town in where people take pride in knowing each other. a town of about 3,200 people. i understand about a third of the population nearly 900 people attend the same church anderson the trinity lutheran church where marty gutzler attended church. take a listen to what his pastor had to tell us this evening. >> this is a devastation for our community, a community can never, ever prepare for something like this. and we are -- we're hurting. we're so saddened by the loss
6:16 pm
and are grieving the loss of marty and kim and piper and sierra as well. and this is just -- this is a blow to us. >> and, i mean have they already made plans for the funerals yet? >> reporter: yeah. anderson, they're planning that. sierra wilder's services will be held on wednesday. and the service for piper, kimberly and martin marty, they should all be held on friday but important to note anderson the family is expecting these to be private services. >> george howell appreciate that. i talked to sierra's mom in the last hour sierra was 14. she died on that flight as well. her mom described her as a little girl who loves spending time with her family loved being with her family more than anything. a fund-raising site has been set up for sailor gutzler gutzler @sailorgutzler fund.com. we'll put that on our website as well ac360.com.
6:17 pm
what sailor is going through and what others in her situation have faced and what can overcome overcome. >> reporter: courage seen in those well beyond her young years. that's what larry wilkins thought when sailor gutzler showed up on his front porch and told him an incredible story. >> she said my mom and dad are dead. we just had a plane crash. >> reporter: gutzler and her family took off from key west, florida, early friday. on board, her father who was piloting the twin engine aircraft along with her mother her 9-year-old sister and 14-year-old cousin. the plane ran into trouble and crashed in a wooded area in kentucky. sailor was the only survivor. how was she able to survive the crash and then endure hiking three-quarters of a mile through dark cold woods without shoes or warm clothes, still unknown. >> little girl was -- she was amazingly composed for a
6:18 pm
7-year-old girl. >> reporter: her story of survival is rare but there are others documented in the cnn film "sole survivor." in 1987 cecilia sheshaun was 4 years old, sole survivor of flight 255. 154 people were killed when the airline crashed on takeoff in detroit, including her entire family. decades later, she still has scars and something more. >> i got this tattoo a reminder of where i've come from. >> reporter: she credits luck for her survival. austin hatch believes a higher power may have helped him. >> god had his hand on me and i think it was a plan for my life. >> reporter: in 2003 when hatch was just 8 years old, the small plane his father was piloting crashed, killing his mother and siblings. hatch and his father survived. then tragically eight years later in 2011 hatch was in another crash. this time his father again the
6:19 pm
pilot, was killed as was his stepmother. hatch was the only survivor. his brain injury so bad, he had to relearn to walk and even talk. now just a few years after the second crash, he is on a basketball scholarship at the university of michigan and scored his first career points last month. >> basketball has sort of -- has given me something to shoot for and it's been my goal you know from when i woke up from the coma. >> what they all have in common is not just a shared tragedy be but a will to survive. jason carroll, cnn, new york. >> let's dig deeper. we're joined by the director of that film "sole survivor." i find it interesting. most of the survivors and sole survivors are either children or flight crew. why kids? >> it's really a matter of physics, you know. children have less body mass and, therefore, the impact is
6:20 pm
less great, there's less inertia and more survivable space. they're often protected by the seat. and so you know what we found is it's really a matter of random chance but also just the physics of the situation. in terms of the crew members, they have more safety belts than the rest of the passengers. >> did you find anything that linked the survivors together either in terms of how they survived -- however we just talked about how kids survive, but i guess more about the after-effects of being a sole survivor? >> yeah. after ward the number one thing that all survivors need is privacy. they need the ability to go back to a normal life. you know there's something that we found that we called it the double vacuum whereas quite often when you are a sole survivor it's such an amazing, human interest story that it covers the news cycle for a long time. and that almost diverts the healing for the survivors. because for a while, they're distracted you know. and then all of a sudden when the media attention stops and the public interest stops it's like another vacuum and they have to deal with the grief all
6:21 pm
over again, much later after the accident occurred. >> do you find also a lot of -- to be labeled a miracle survivor that's a lot of pressure. did you find anybody or people who were sole survivors who found trying to come up with what their reason in life was? why did they survive and others not? >> well you know it is interesting. one thing i was very surprised by when making the film is how often the survivors would say i don't like the word miracle. it adds a lot of pressure to their life. suddenly they feel they need to come up with a cure for cancer or have some unparalleled reason for living. and so miracle, i think, can be a word that -- it's sad with great intention, you know. it's a very loving thing to say, i think. it's coming from a good place but it puts a lot of pressure on survivors. and, you know one of the thing a lot of survivors struggled with is if you say they survived for a reason are you saying that everyone else didn't? and i think that's difficult for
6:22 pm
us to wrap our heads around. so with most of the sole survivors we dealt with in the film they pretty much have all come to the place that this is random chance. >> and also you talked to people who had been flight crew who had been pilots. >> uh-huh yeah. sure. jim paul hanky was one of them com air flight 5191. >> the co-pilot? >> he was coatthe co-pilot yeah. >> and was there a special burden for him in that? >> well that is an unbelievable burden. he wishes that he would have gone down with the ship. every day of his life is truly a living hell where he wishes he would have died. and, you know, there's the compounded feeling of being responsible when you're part of the chain of events that leads to a plane crash. so that's a level of survivor's guilt that i don't think -- very few people can understand. but children don't deal with survivor's guilt in the same way as adults you know. >> did it help with them -- obviously people who were kids
6:23 pm
who survived to meet others who had been sole survivors as well? >> yeah absolutely. one thing i was very surprised by when making the film is survivors -- especially sole survivors of plane accidents don't have a community. they don't feel like they can be part of the flight family community that can go and grieve. often they lost loved ones and sometimes their own entire family they don't feel they can go and be part of that same group of family members. obviously, there's no one else that understands what they went through. it's a very singular lonely experience. many of the sole survivors we were woo met and were working on the film had never met another sole survivor. doing so can be helpful, finally meeting someone who understands what you're going through. that's important in this particular case in particular. the public meets them with this idea you're so lucky. you're so lucky. you lived. you walk add way with your life. >> it doesn't feel that way sometimes. >> they didn't walkway with their life as they knew t they
6:24 pm
lost an insurmountable -- it could be family a limb. >> you talked to people who have never talked publicly before about this experience. ky appreciate you being with us. you can see "sole survivor" friday night midnight eastern right here on cnn. up next though for us tonight we're live all the way till the 10:00 hour. bkingham palace emphatically deb denying that prince andrew had sex with an underage girl. however, a prominent lawyer's name has also been involved in this. he is denying it categorically. the latest on the case, coming up. thanks. ♪ ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ ♪
6:25 pm
cut it out. >>see you tomorrow. ♪ ♪ alright, so this tylenol arthritis lasts 8 hours but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain. and an early morning mode. and a partly sunny mode. and an outside...to clear inside mode. transitions ® signature ™ adaptive lenses... ...now have chromea7 ™ technology... ...making them more responsive than ever to changing light. so life can look more vivid & vibrant. why settle for a lens with just one mode? experience life well lit ®. speak with your eyecare professional to... ...upgrade your lenses to transitions ® signature ™ . ♪so nice, so nice♪ ♪sweet, sweet st. thomas nice♪
6:26 pm
♪so nice, so nice♪ ♪st. croix full of pure vibes♪ ♪so nice, so nice♪ ♪st. john a real paradise♪ ♪so nice, so nice♪ ♪proud to be from the virgin islands♪ ♪and the whole place nice♪ to experience your virgin islands "nice", book one of our packages today.
6:27 pm
6:28 pm
it certainly isn't the first scandal that buckingham palace has faced, allegations that prince andrew had sex with an underage girl more than a decade ago. she claims she was a sex slave to the rich and famous. saying this woman's lawyer should be disbarred and that he will see that this happens. >> anderson this was meant to be a positive start for the dwreer for the british royal family with a new baby expected later in the year. also with the queen due to become the longest-serving monarch in british history. instead, 2015 started out with aa n exercise in damage limitation. when the scandal at the palace it usually goes quiet. not this time though.
6:29 pm
not one, but an unprecedented four statements issued in response to a lawsuit alleging prince andrew had sex with an underage girl several times in three years from 1999 to 2002. one even went as far as specifically naming his accuser, saying it's emphatically denied that his royal heiness, the duke of york had any form of sexual contact or relationship virginia roberts. the allegations are false and without any foundation. roberts referred to as jane doe three in court papers filed last week alleges that she was kept as a sex slave for three years by the prince's former friend billionaire businessman and convicted sex offender jeffrey epstein. during this time, roberts claims she was forced to have sexual relation with his the prince when she was a minor. in london new york and on epstein's private island in the u.s. virgin islands. in an orgy with numerous underage girls. according to the court filing
6:30 pm
epstein told roberts to give the prince whatever he demanded and required and to report back to him on the details. the prince had come under harsh criticism for his friendship with epstein back in 2011. he later resigned as an ambassador for british trade. according to the court documents, roberts says epstein routinely lent her to powerful figures for sex, including well-known criminal defense attorney alan dershowitz. >> it's the legal equivalent of writing graffiti on a bathroom wall and running away but i will take action. i'm filing a sworn affidavit today, denying categorically. i am seeking to intervene in the case. i am challenging her to file rape charges against me. any immunity because if she files a false rape charge against me she goes to jail. the end result of this case should be she should go to jail the lawyers should be disbarred and everybody should understand
6:31 pm
that i am completely and totally innocent. >> dershowitz says if he's innocent he assumes prince andrew is too. cnn doesn't normally name alleged victims of sexual abuse. in this case roberts opted to go public giving an interview to british tabloid and, in a statement reacting to the denials from dershowitz prince andrew and epstein, roberts insists she will pursue all available recourse saying these types of aggressive attacks are exactly the reason why sexual abuse victims typically remain silent and that she's not going to be bullied back into silence. whatever the truth, this alleged sex scandal threatens the reputation not just of the prince but of the monarchy. the palace was quick to dismiss a suggestion that roberts had met the queen, saying there was no record of it. and prince andrew has returned from holiday. he is back in the uk. no doubt holding meetings with officials and with lawyers. but i'm told he won't be making any official comments himself on
6:32 pm
this scandal, anderson. >> max foster thanks very much. cnn senior legal analyst jeffrey toobin student of alan dershowitz. also with us criminal defense attorney mark geragos. jeff they're not being named -- not being accused of any crime. why are they even named in this thing? >> this is such a bizarre lawsuit to start with. this is a lawsuit where these women are suing the u.s. government. >> it's not just one woman but several other, suing the american government? >> right for making a plea deal with jeffrey epstein that doesn't cover them. >> a lesser charge that gave him 18 months in prison and avoid a federal charge. >> correct. i've never heard of alleged victims being able to file a lawsuit like that much less succeeding in one. and it is especially bizarre that in that lawsuit they are allowed to file these
6:33 pm
affidavits, alleging this other supposed sexual misconduct. and, as you point out, alan was a teacher of mine dershowitz has remained a friend of mine for many years. it seems particularly outrageous that she's accusing him because he was one of epstein's lawyers in all of this. >> that's the thing that's so crazy to me. when you look at the details of this thing, the allegations that he was doing this on airplanes while he was representing jeffrey epstein on sexual abuse charges, the idea that he would be having -- abusing a minor in multiple locations, it just seems ridiculous. >> it does seem ridiculous. if you look at dershowitz's affidavit, which he released today, he said virtually every time he was in these place that are described in the affidavit, he was with his wife. >> right. mark they both issued statements. is there anything else that they can do? alan dershowitz says he wants these accusers' lawyers disbarred. had they done research they
6:34 pm
could have seen that these allegations were false. >> well look when he comes out -- and you can understand if he's upset and i know alan as with well. in fact was just talking to him behind your studio about a month ago at length. had a nice chat. obviously, he is disturbed by this. the idea that somehow he is going to get the lawyers disbarred, i think, is far fetched. what he is trying to do is by filing the declaration or making public the declaration, he is also saying he's going to try to intervene in this lawsuit and, surprise surprise jeff and i disagree a little bit. the lawsuit is not that bizarre, because there is something called the crime victims act. they are alleging that what happened here is the federal government gave him a pass epstein, with an -- npa, nonprosecution agreement and flipped him over to the state so that he would do easier time and get out, basically and that they under the act, have the ability to sue over this. and now what they're trying to
6:35 pm
do is they're trying to add some other victims. so what alan is trying to do is insinuate himself into the lawsuit because he's mentioned in it and then try to get some kind of relief. take depositions or have some ability to do discovery. the problem that he's got is lawyers are generally protected by what's called the litigation privilege. and so as long as it's connected to the lawsuit and as long as it has some relationship to the judicial proceedings, it's virtually impossible for to you get anywhere in terms of the lawsuit itself. >> mark what about dershowitz's point, why don't these lawyers come forward and make these accusations on television? he is challenging them to come forward. because he says this is all being done in you know these depositions or in secret court documents that if they actually came forward, they could be sued. >> well that's exactly what he wants them to do. because as long as it's just an allegation that's contained in a
6:36 pm
lawsuit, they're going to have a litigation privilege, which means they've got immunity. they can't be sued. so he's daring them come on come on. come out wherever you are. get on to tv. say something on tv. then i'll sue you for defamation. kind of a page out of the playbook of the cosby case. >> i think mark has a point about the precise legal merits of whether alan dershowitz could sue or get these people disbarred. i would like to sort of step back from the legal technicalities and say why? why would you do something like this, that is solely designed to humiliate and designed to embarrass alan dershowitz? >> it gets their names in the press. >> one of the lawyers for the plaintiff. >> former judge. >> former federal judge, someone very active in the victims rights movements, involved in the oklahoma city bombing case on behalf of the victims. >> jeff can i tell you something about paul kassel?
6:37 pm
>> please mark. >> let me tell you something about paul. i had a case just recently where -- and he has been active in the victims rights movement. >> oh, but that's it? >> yeah that's true. but how about having a sense of decency along the way. i don't know how filing these unproven salacious charges -- >> this gets a ton of coverage because prince andrew's name is in it alan dershowitz's name is in it and when it comes to the end of it -- >> you can't unring the bell. >> that's right. it's like the allegations -- anyway. jeff thank you very much. a twist that few, if any, saw come nth michael brown case. a member of the grand jury that declined to indict officer darren wilson says the public doesn't have an accurate depiction of the grand jury's decision and is now suing to lift the gag order. details ahead.
6:38 pm
6:39 pm
[bassist] two late nights in tucson. blew an amp.but good nights. sure,music's why we do this,but it's still our business. we spend days booking gigs then we've gotta put in the miles to get there. but it's not without its perks. like seeing our album sales go through the roof enough to finally start paying meg's little brother- i mean,our new tour manager-with real,actual money. we run on quickbooks.tha t's how we own it.
6:40 pm
6:41 pm
tonight, surprising new twist in the michael brown case member of the grand jury that declined to indict officer darren wilson is now suing the county prosecutor to be allowed to talk about the case. jeffrey toobin joins me once again. there's a gag order, lifetime gag order on these jurors. have you ever heard of somebody suing in order to -- >> never. never heard of anything like -- a lawsuit like this. however, what makes this a
6:42 pm
nonfrivolous case is that remember what happened the prosecutor moved to disclose all of the testimony before the grand jury which is very rare but was done under missouri law. so the grand juror is saying wait a second. if you're going to release all the testimony, release the rest of what went on in the grand jury the legal instructions given to the grand jury and show how the prosecutor really sabotaged the case. >> that's the allegation that the grand juror is making? >> the grand juror is unhappy about the result unhappy about the process and is saying since you've released all this stuff already, the usual rules about grand jury secrecy don't apply. >> is that a valid argument? >> you know i think judges are very reluctant to release anything in the grand jury. my guess is that they will figure out some way to keep this stuff secret. but it's not out of the question. i think given the unusual circumstances here and the fact that the usual privacy interests
6:43 pm
that apply, keeping new names of witnesses secret -- >> it wouldn't change anything about the verdict of the grand jury but allow this juror to speak. >> and it might disclose what else went on in the grand jury. it's not out of the question that it will succeed but it's probably unlikely. also an indication of the passions that continue to surround this case. >> jeff toobin interesting stuff. now jean casarez has an ac360 bulletin. >> hi anderson. making big gains in the battle against isis. u.s. central command says in the past 48 hours there have been eight air strikes near khobani led by u.s.-led coalition. police officers who turned their back on him at the funerals of two slain officers were disrespectful to the grieving families and the city the mayor says. the protest in uniform comes after a police union leader claimed de blasio had blood on
6:44 pm
his hands after the two police officers were shot and killed in their patrol car in an ambush last month. and it was a brutal day on wall street. the dow plunges 331 points after oil falls below $50 a barrel. anderson we all want lower gas prices but we sure don't want that. >> great to have you on the program. long-time espn anchor stuart scott is being remembered how he lived his life fully, even after he battled cancer. dr. sanjay gupta joins me on the rare type of cancer that took scott's life yesterday. mething. theraflu severe cold doesn't treat chest congestion. really? new alka-seltzer plus day powder rushes relief to your worst cold symptoms plus chest congestion. [breath of relief] oh, what a relief it is. ♪♪ abe! get in! punch it! let quicken loans help you save your money.
6:45 pm
with a mortgage that's engineered to amaze! kid: hey dad, who was that man? dad: he's our broker. he helps looks after all our money. kid: do you pay him? dad: of course. kid: how much? dad: i don't know exactly. kid: what if you're not happy? does he have to pay you back? dad: nope. kid: why not? dad: it doesn't work that way. kid: why not? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab thanks. ♪ ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ ♪ cut it out. >>see you tomorrow. ♪ ♪
6:46 pm
why do we do it? why do we spend every waking moment, thinking about people? why are we so committed to keeping you connected? why combine performance with efficiency? why innovate for a future without accidents? why do any of it? why do all of it? because if it matters to you it's everything to us. the xc60 crossover. from volvo. lease the well-equipped volvo xc60 today. visit your local volvo showroom for details. you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car
6:47 pm
replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance.
6:48 pm
stuart scott wanted to be remembered for how he lived his life norkts how he died. long-time espn anchor was given the 2014 jimmy v award. he had been in the hospital days before for complications from his cancer. what he said in his speech brought tears to many. >> when you die, it does not mean that you lose to cancer. you beat cancer by how you live why you live and in the manner in which you live.
6:49 pm
[ applause ] thank you, espn. thank you, espys. thank all of you. have a great rest of your night and have a great rest of your life. >> that was his youngest daughter giving him a hug. stuart scott lost his battle with cancer yesterday, just 49 years old. he is being remembered for his resilience resilience determination, incredible work ethic as he faced down the cancer doctors discovered in his aappendix in 2007. most viewers didn't realize he was as sick as he was. i want to bring in chief medical correspondent dr. sanjay gupta now. sanjay sanjay tell me about this kind of cancer appendicial cancer. i had never heard of it before. >> it's pretty rare 600 tho 1,000 people a year in the united states is diagnosed with a cancer like this. it originate notice appendix.
6:50 pm
it's not a cancer again, that's very common. it's one of those things that people may have abdominal pain they may have sort of vague symptoms. it may get missed. as a result of it getting missed it can grow in size and even spread. that's the real problem with this sort of >> as you know i just had my appendix out a couple weeks ago. is it only people who still have their appendix can get this cancer? >> yeah so in this particular type of area the -- in the appendix itself is where this cancer originates. but anderson in your case you had your appendix taken out because it became inflamed. i imagine you had pain. >> right. >> and therefore they took it out. it's not part of the intestine that's really necessary anymore. so it can come out easily. the same sort of thing happened with stuart scott. he had symptoms that were vague. they went and did an operation, they took out his appendix, and they found when they examined that appendix that in fact it had cancer inside of it. so that's often how the diagnosis is made. but again, unlike many other types of cancer it can be so
6:51 pm
vague in terms of the initial symptoms. some abdominal discomfort, some pain here and there. people may not pay attention to it. and that's part of the problem with this. it will grow as a result. >> how treatable is it if it's caught? >> well, if it's caught and caught early, and that typically means that it hasn't spread and it's smaller than two centimeters in size the tumor that is it can be very easily treatable. in fact just taking out the appendix at that point is pretty much the treatment. the problem is if it's grown larger than two centimeters and started to spread, and typically if it's going to spread it's spread to lymph nodes in the area for example then it becomes more problematic. that's when you start to need chemotherapy and other types of treatment. you also oftentimes have to have those lymph nodes taken out. so these are big operations and, you know very tough therapies, these chemotherapies. >> a small number of people have this. people with recurring stomach pains or pains around their appendix should be checked out. >> no question. and thankfully this is a very rare cancer.
6:52 pm
it's again, a lot fewer than 1,000 people a year. but obviously, pain in that particular area this is the right lower quadrant pain we always call it's the right lower quadrant of the abdomen. if you're having pain in that area you still have your appendix, that is something that is obviously going to be on the list of concerns. >> because i was actually overseas and i had pain for three or four days and i hot it was -- that i'd eaten something. and it wasn't until i e-mailed my doctor when i was getting on the flight and he diagnosed if by my e-mail. thankfully i have a very smart doctor and i got to the hospital as soon as i landed. but definitely have that stuff checked out. >> so you flew with that. >> i did. it was at the end of like a -- it was my fourth day and i finally was like you know, what i should check in with my doctor on this one because -- anyway, glad i did. >> feel free to call me as well. >> it was thanksgiving. i didn't want to bother you. sanjay thanks. >> thank you. >> i have called sanjay in the past. the "riduculist" is next. i'm going to make you smile at the end of this day. we'll be right back. i have bayer aspirin. i'm not having a heart attack, it's my back.
6:53 pm
i mean bayer back & body. it works great for pain. bayer back & body provides effective relief for your tough pain. better? yeah...thanks for the tip! thanks. ♪ ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin) ♪ ♪ cut it out. >>see you tomorrow. ♪ ♪ latte or au lait? cozy or cool? exactly the way you want it ... until boom, it's bedtime! your mattress is a battleground of thwarted desire. enter the sleep number bed. save $300 on the final close-out of the c3 queen mattress set. he's the softy. his sleep number setting is 35. you're the rock, at 60. and snoring? sleep number's even got an adjustment for that. you can only find sleep number at
6:54 pm
a sleep number store. right now find the lowest prices of the season with the c3 queen mattress set only $1199.98. know better sleep with sleep number.
6:55 pm
6:56 pm
we ask you to vote online for your favorite "riduculist" of 2014. tonight we have your choice for number 1. this is from early last year when the "360" staff spotted something on ebay that hit very close to home. take a look. >> time now for the "riduculist" and tonight i want to show you something that caught the attention of the "360" staff. this is on ebay advertised as the mini cooper. it's pretty darn accurate. the hoodie the jeans. the head heavy oak with a
6:57 pm
trigger control to open and close the mouth. i know what you're thinking. ventriloquist dummies in general are kind of terrifying. but when you really think about it why do they have such a bad reputation? they're not creepy at all. ♪ ing. now i'm paranoid that mini cooper will come to life hunt me down and haunt any dreams. that was the twilight zone from the 1960s. times have changed. honestly i'm psyched there is a dummy of me. it makes me want to learn more about the art of vent i really quiz m. ventriloquism.
6:58 pm
ventriloquism. the only lesson i've ever had was from "best in show," of course. >> i understand you went to the circus. >> i did. i saw the hat lady. >> fat. >> hat lady. >> fat. >> hat lady. >> fat. how do you say f? >> yeah. except before i try to learn how to throw my voice i think i have to master the art of regular talking. how about that? in all transparency we try to do this -- oh thank you. are we really going to play this? this is actually the second time we have tried to do this segment. we tried to do it earlier this week. let's take a look. >> why to ventriloquist dummies -- times have changed. ventriloquism. times have changed. ventriloquism. kind of makes me want to learn more about ventriloquism -- no i'm not going to keep going. it kind of makes me want to learn more about the art of
6:59 pm
ventril- -- [ bleep ]. >> vent i reallyrilventriloquism. >> it's not the easiest w0rdord to say. have you seen ricky gervais's "derek"? >> i'm doing my puppet act. vent riqasilim. >> should be good. >> so getting back to the mini cooper our crack team of investigative journalists got on the case and found out an artist named chris in york pennsylvania spent about three months sculpting and creating and finding the perfect little new balance sneakers. this is basically what i wear every single day. the staff was also quite intrigued by the buy it now price of this ebay listing, $360,000. chris told us he doesn't actually want to sell it. the price is an homage to the name of this program, a reference which initially sailed right over our heads, actually. the artist also said some nice
7:00 pm
things about mini cooper being a tribute to me which i very much appreciate it. to put it plainly i'm very touched and genuinely honored to be a dummy on the "riduculist." you can see all your picks for the top five "riduculist"s of 2014 on our newly rated design blog at cnn.com/a360. that's our blog. that does it for us. "cnn tonight" starts now. -- captions by vitac -- www.vitac.com this is "cnn tonight." i'm don lemon. the big question is race the big problem in america today. from police turning their backs on the mayor of new york to what looks like an awful lot of deliberate job slowdown by officers. even a battle against that most new york of institutions brunch. looks like race is at the heart of all of it. what do we do about it? we're going to get into all of that tonight. plus a tale of two crashes. a 7-year-old survives a plane crash that killed her entire family. and walks 3/4 of a mile through the woods in the middle of the night.