said some nice 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. showing up at a stranger's door

with a bloody nose and covered in scratches. how did she make it out alive? tonight her incredible survival story. also the fatal flight of airasia 8501. one indonesian captain says the tail may have been found, but is it a big break or is it a false lead? we're going to go live to indonesia. we've got a whole lot to get to tonight for you. but i want to begin with the incredible story of 7-year-old sailor gutsler and how she survived the plane crash that killed her whole family. cnn's martin savidge is in ken for us this evening. martin? >> reporter: this is a story that is both tragic but also full of what many have considered now a miracle. it's a term i don't like to use too often because it is often overused. but how that little girl got through what she did, made it through the woods to this home is miraculous. larry quillkins can tell you what a miracle sounds like.

>> just like that. wasn't a big loud knock. and i opened the door and got the surprise of my life. >> reporter: 7-year-old sailor gutzler had just crawled from her crashed family plane past the bodies of her father mother sister, and cousin and walked nearly a mile without shoes, in shorts and short sleeves in temperatures in the 30s. >> her nose was bloody. i can't say for sure but i think maybe her lip might have been cut. but her little legs is what really got your attention because they were striped up all over. >> reporter: to be clear, no one knows exactly the route the young girl took. but there's the house she went to for help. and here is the woods from which she emerged. so we're going to try and literally figure it out along the way. at first it's easy going. on a flat former dirt trail. well the road didn't last. in fact it just comes literally to this dead end. and now the next question is

where do you go from here? any direction takes you into deep brush. it's not like i'm looking for the easiest path. there is no road just dense undergrowth that trips, and stabs. >> you can see the sharp needles on here. these are briars. in the darkness getting hit in the face. it's no wonder she was cut up. >> but that's one of many obstacles. >> downed tree limbs. could be from old storms in the past ice storms. remember she's wearing shorts and short sleeves. there are steep inclines ditches, and an endless number of ways to get seriously hurt. >> you can easily get a leg caught snap, it break a bone. you also start walking in circles since the brush blocks your view of any landmarks. but it's so thick you can't really get a real sense of

direction. i stumble around for a while longer. what a mess. then give up and call out to my photographer in a kind of marco polo fashion to find my way back. >> do you hear me michael? >> yeah. >> michael. >> yeah! >> reporter: even in daylight i was unable to do what an exceptional 7-year-old managed to do in the dark. >> wow. unbelievable. martin savidge, thank you very much for that. joining he m now larry wilkins, who found sailor gutzler on his doorstep after the plane crash that killed her whole family. good evening, mr. wilkins. walk me through what happened on friday night. >> about 6:30 come a knock on the door and a little girl standing there with a bloody nose legs all bleeding crying

and told me that her parents were dead and that she was in a plane crash and the plane was upside down. and asked me said can i stay here? so i let her in the house and laid her down on the couch and got her as comfortable as i possibly could and called 911. and the police officer was close. he got here within ten minutes. but after i called 911, i got a washcloth and wiped the blood off her face and her legs. and the policeman got there. i couldn't get the information i needed from her to call some kin folks or something. but you know, i've only seen a plane crash on tv. never seen one in person. no noise. no fire.

you know? >>. >> so you didn't hear it? >> i thought she'd been in a car wreck, you know. nobody heard it. >> nobody heard it. >> nobody knew the plane was down until i called 911. >> and she was in bad condition, you say. that she was bleeding and -- but she was conscious? >> all superficial. she walked 3/4 of a mile altogether i'm sure. but for a 7-year-old girl she was very composed. >> the entire time even waiting on police she was fine? >> yeah. i was trying to get some information from her to -- maybe i could call her or -- a relative or something to get them on the way. because she told me she was from nashville, which is probably 150 miles from here anyway. but i couldn't get any information out of her that i

needed. she didn't know phone numbers and stuff like that you know. >> how cold was it mr. wilkins, that night? >> i'm sorry? >> how cold was it that friday night? >> it was below 40. between 35 and 40 degrees. had a little bit of a mist. sought little girl was i would say damp not wet, but she was damp all over. and of course she was barefooted. she had one sock on one foot. tremendous little girl. >> how do you think she was able to find your house? >> security light's the only thing i can think of. i've got a security light out here. and from what i understand her father had give her some survival training a little bit because they evidently flew around quite a little bit. and i'd say -- this is pure speculation. but i feel like she probably seen that light and headed toward it. >> i understand that you have

two dogs that you believe may have helped sailor. why do you think that? >> well because one of the little dogs that i've had about three weeks, and i think he'd probably been mistreated. he wouldn't have anything to do with anybody. but soon as she got in the dogs was all over her. including him. and i found out later that she really liked him because she had a dachshund. it was amazeing to me. that little dog, i said that was abused he won't come to anybody but me. but he come to her just immediately. >> i understand that she wanted you to go with her to the hospital once the ambulance got there, but you couldn't. >> that's true. the emt said i wouldn't be allowed to i was not a relative. i said well i'll just go to the hospital. he said you won't do any good.

you can't get in. because i wasn't a relative you know. excuse me. >> larry wilkins, thank you. >> you're welcome, sir. >> i want to bring in now ken druck. he is an expert on traumatic loss and the author of "real rules of life." it's really remarkable obviously. everyone is calling it a miracle story, and it appears to be that. how was sailor able to walk away from the plane crash, seek help? was it adrenaline? was it shock? what was it? >> you know don, it's shock. we're constructed in an amazing way as human beings. and we go into shock. it's the same shock i was in and able to give my own daughter's eulogy 19 years ago. but we go into a state of shock, and it's like we're encased in this numbness and we're able to do things that even later on we can't imagine accomplishing.

and i think she's in a state of shock. and what happens of course is over time the shock begins to wear off and the reality of what really happened sets in. >> i wanted to ask you this -- how long does that last? because she obviously had the strength and the wherewithal to get to mr. wilkins' house. but sometimes when that happens when you feel that you're out of danger your body begins to slow down. that's why i asked him was she conscious even waiting on authorities to come. because sometimes you get there and you feel like okay i've mustered the strength to get this far and then the shock will go away. >> it comes in small doses. and the fact she's a child, also developmentally there are things she's not going to experience now that she might experience a year or two, three or five from now, that she's able to wrap her mind and heart around that she's not going to deal with right now. so it's going to be an ongoing story as it is for all sole survivors or people who've suffered traumatic losses or

been in accidents like this. so we know she has her immediate challenges and then she's going to have whole other layers of challenge coming in the future. >> at 7 years old, and because you've worked with survivors of plane crashes before as 7 years old are you able to comprehend such a tragedy? >> you know you're able -- you know something happened. she has all these images in her mind of i think at one point she said i didn't know if they were sleeping. she was in survival mode truly, and it all probably feels very surreal to her. like somebody get the remote control and change the channel because i don't like this show. and she's beginning to sense that my goodness i'm with my grandparents everything has changed. i'm in a new normal life. everything has turned inside out. i'm feeling things that i don't even have names for. and there are a lot of people

around me worried about me and trying to take care of me, and it's all pretty surreal. and the reason so many survivors say that privacy is such an incredibly important element is that establishing that sense of new normalcy requires a certain element of quiet, of calm of establishing that new normal a routine. and normalizing this new life that she's living in. >> we certainly wish her the best. her family as well. thank you very much, ken druck. ? yes. thank you, don. >> we've got a lot more to get to tonight. when we come right back are some of the officers patrolling new york city conduct a deliberate slowdown? we'll talk about that. we'll look at the latest arrest statistics and talk to a former commissioner of the nypd. plus the latest on the fatal

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some people are asking whether there is a deliberate job slowdown by nypd officers. one official is telling cnn that for the second week in a row there has been a steep decrease in the number of arrests and summonses. officers are angry and upset about the murders of two colleagues two weeks ago. but is there a connection? joining me now is howard safer,

a former nypd commissioner who is the ceo of vri technologies. good evening to you, commissioner. >> good evening. >> for the second week in a row, i want to r5ed these numbers. nypd stats. significant decrease in the arrests and summonses. the total arrests are down 55.9% as compared to the same week last year. you're the former commissioner of new york city. are cops intentionally not doing their jobs do you believe? >> i think cops are being overly cautious. i think there is a rift between the mayor and the rank-and-file of the nypd and it really needs to be fixed. and the way that it gets fixed is the mayor has got to convince the rank-and-file that he doesn't believe that the nypd is a racist brutal police department. which it is not. it's the best police department in the world. it's the most diverse police department. and as long as police officers believe that the mayor is not behind them and not supporting them they're going to be very hesitant to go above and beyond

what's minimally required. >> when you look at these numbers, summonses down total arrests down traffic summonses down 92%, criminal summonses down 91.5%. are these numbers disturbing to you? do you feel like cops are not making arrests? should they be making more arrests? >> it's very disturbing. they should be making more arrests. over the last 20 years the nypd has caused a renaissance to take place in new york. it's the safest large city in america. and what's important is that the mayor and the pd get together and resolve this. i mean let's face it. the mayor is not going away. the police officers are not going away. the only people who will suffer are the 8 million residents of new york city. so this has got to be fixed. >> all right. commissioner stay with us because i want to bring in now charles ogletree professor of law at harvard law school. also charles blow cnn political

commentator and op-ed columnist for the "new york times." thank you all, gentlemen, for joining us here. of course the commissioner's going to join this conversation as well. to you, charles ogletree. these numbers are pretty dramatic. the idea that cops are not making their arrests. if true what do you make of these? >> well it's disturbing for one reason. because the police are there to protect and serve everybody. but it's also understandable because what they're doing is protesting the killing of two police officers the murder of two police officers even the person took his own life as well. and i think it's going to be a while and the mayor has to be the first to say i'm sorry, what i said. what i said didn't make any sense at all. i retract my statements. i support the police in what they're doing. and the police need to in a sense have a relationship with the mayor as well. i think it's going to be a long time. it's not going to be an easy thing to go over an easy thing to resolve. i think this thing could go on for weeks and months and maybe even years. >> so you think the mayor should

apologize? >> absolutely. he has to. because the point is that he said some things that are troubling. they were understandable at the time but they're troubling because they in a sense -- he is the person who has a relationship with the police officer. i like what bill bratton said. he said it's the time to grieve not a time to file a grievance. and i think that bill bratton, who's been a police officer, i've seen him here in washington i've seen him also in new york in other places as well. and i think that he is in a sense the middle man trying to make all this happen. i think paying attention to bill bratton is going to be very helpful. he and his wife who is a lawyer, is going to make a big difference in making new york be the city that it should be the city that heals everybody, that's open for everybody, black, white, young, old, left

right. it doesn't matter. everyone should be part of the city of new york in this renaissance going on now. >> charles blow do you think the mayor should apologize? >> i don't know what the apology would be for. i'm really scratching my head thinking what the apology would be for. because he had the temerity to say that he had a conversation with his son who is mixed race and talking to him about how he should interact with the police? should he apologize for allowing protesters to protest in the city? maybe you could say that they should not have been able to take over streets. and i can even -- i think you could make a strong argument about that. but allowed a space for protesters to be. other than that what is this -- i don't even understand this concept of saying that the mayor is somehow responsible for these two officers being dead. and that is such an outrageous thing for anyone to have said from the very beginning. and there is an actual person who had blood on his hands.

he is the person who pulled the trigger and killed those two officers. and his name never gets mentioned. and people keep saying that somehow that the mayor has done something extraordinary that would cause people to say that he has caused the rift between the police and the executive branch of the city of new york. that is outrageous. it is an outrageous statement, and it is not supportable. it is absolutely not supportable. >> but charles -- >> what you have to understand, however -- wait a minute. what you have to understand however-s this is a political battle. this is not simply a battle of kind of cultures of police and the culture of the mayor's office. this is a political battle between two political entities. and when you look at it that way, when you look at it and say that the police still do not have a contract if i understand that correctly and that they are in contract negotiations if you look at it and say that this police department was

responsible for stop and frisk and liked it and the mayor basically ran on a platform to get rid of stop and frisk or to stop its abuse -- >> is this -- >> and that is -- when you look at it as a political collision of these two forces then it makes a lot more sense. but this idea -- >> howard -- >> -- that the mayor should come froflg because the police are acting like children is extraordinary. >> howard saffir is it a political battle? >> it is not a political battle. this is a battle about how police officers feel about the support of their chief executive. this is not about stop and frisk. and stop and frisk is what made new york the safest large city in america. and this is not about a racist brutal police department. this is about a mayor who has made it pretty clear that he is not supportive of the police. and if he wants to change the dynamics here and make sure that new york city stays the safest large city in america, he has got to get the support of the police. mayors throughout history in new

york who have not had the support of the police have been very unsuccessful. and i think that's exactly what will happen to mayor de blasio unless he gets support of the rank-and-file. >> all right, everyone. hold your thoughts. we're going to have much more on this. coming up protesters against the police tactics have a new way to express themselves. disrupting sunday brunch. is it effective? could it be illegal? that's next. also ahead tonight, top attorney alan dershowitz fights back against allegations of sexual abuse. >> but you don't go after the lawyer and falsely charge him with a sex act which you know he didn't commit because you just have to look at the evidence.

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protesters in new york city as well as on the west coast have targeted of all things brunch. the movement is being called

black brunch on social media, and it turned up at several restaurants over the weekend where protester interrupted diners to read off the names of unarmed black men called in confrontations -- killed, excuse me in confrontations with police. joining me is john cardillo. he is a former new york officer, new york police officer -- and -- new york police officer and he's also an on-air analyst. thank you for joining us. i want to show -- can we put the picture up of what you -- you tweeted out this weekend. you tweeted out this picture of you with a gun, right? talking about i'm trying to enjoy my eggs right? and then you said black lives matter. what did you mean by that? black brunch nyc, rather. what do you mean for that? >> well first, thanks for the invite don. i wanted to show hypocrisy. and what i was doing clearly, obviously, i don't believe we should use firearms to counter first amendment protest. what i was trying to do was put something sensational on the internet that i thought would get some traction. didn't realize it would get this much traction. but i wanted to stoke the fire of controversy to start a debate

about the hypocrisy of the protester set. and what i've been seeing is this permissive attitude toward looting and rioting and the attacks on police officers on the brooklyn bridge with no outrage, but i post a staged photograph take nen my home office with an unloaded firearm under controlled safe conditions and the outrage is just off the charts. i mean i become public enemy number one. vitriol is spewed at me. hatred threats. my e-mail's blowing up with death threats and threats of physical harm. and i just found it all very hypocritical. and i think i proved a little social experiment i set out to prove. >> you said you thought they should be charged with criminal trespass. >> i thought in certain cases if the restaurateurs felt they should they should. i think that no patrons were interviewed and clearly this could have risen to the level of harassment potentially misdemeanor harassment and i think an investigation is

warranted. i absolutely do. >> all right. let's bring our panel back in. and john is going to stay with us. i want to bring in charles ogletree charles bloerks and the former commissioner of new york city howard safir. commissioner could they have been charged with criminal trespassing? did these protesters break the law? >> i don't know the specifics of the event. but if they were there not patronizing the place, if the owner wanted them out of the restaurant and they did not comply and they were interfering with the rights of others yes they could be charged with trespass. >> charles ogletree do you think that this brunch, the black brunch the protest, do you think it was effective? >> i think it was effective. and i have a little worry about people being thrown out of restaurants. there's a thing called the first amendment. and we may not like it applied to individuals. but individuals have been protesting for decades. there were whites protesting against blacks going to a dining room at the end of segregation. and the whole idea is they have the right to protest, they have the right to be orderly, but

blacks understand that that's what the constitution permits. the people can protest. they can make as much noise as they want to make as long as it's not disrupting the place there. and i think that we have to respect the first amendment, even if we find areas where we disagree with it. >> charles blow do you think this was the most effective approach? we're talking about, you know the right to protest. do you think this was the most effective approach? >> well i don't think we have to couch it as most effective. right? i don't think we have to get the clearest best way to protest. what i think we are seeing however, is millennials in particular engaging the system and saying we want to be heard. it's very different from the way that we -- you know the people of my age grew up thinking about protests and social justice and demanding social justice, which you had a leader and the thing -- it was very top down. this is very organic. this is kind of a new way for people to express themselves. i think we have to kind of

understand that it may not be perfect, this one may not be perfect, the next one may not be perfect. they're just all efforts of people wanting to be heard and wanting to raise an issue. and in that regard i think that it is in a way really important for us to register it. maybe if you're in a restaurant and the owner says you that need to leave you need to leave. that's the way it's going to be. if you're disrupting customers and you're not patronizing and they say you can't be here you're going to have to do that. however, what i think we're seeing is just step by step different kinds of protests people young people wanting to be heard. and if you look back at the civil rights movement those were young people. many of them were kids. and we see the same thing happening again. and i think that's really important. >> but john you said of this that you thought the comparison to the civil rights movement you thought that that was unfair john. >> yeah i think it's ludicrous. because these protesters are able to patronize these

restaurants. quite frankly i think it's demeaning to what i consider heroes of the civil rights movement and, you know people took offense to my photo. i would have been the first guy sitting at those lunch counters protecting those people who were being discriminated against for basic human rights. i think it's quite disrespectful to them to compare their struggle to a bunch of what i think many are rich college kids. and a lot of the protesters i see are white, asian, light-skinned hispanic. most of the protesters that i've seen aren't necessarily african-american. but to compare them to people that weren't allowed to eat in those restaurants is to me just a silly comparison. >> what's demeaning is actually posting a photo with the hashtag black brunch and a gun pointed at us. >> you're being called racist because of this photo. >> that's actually demeaning. >> what's demeaning -- >> and the idea that you would -- >> the idea that first amendment -- >> one at a time. >> it wasn't a social experiment. you were behaving you that wanted to behave.

>> wrong. you want to make a photograph -- >> outrageous. and no one's -- >> one at a time. let minimum finishhim finish john, and then you can respond. >> you know better than that. and we're not going to sit here and let you say this was some sort of social experiment and it is demeaning to call these new protesters to compare them to -- >> well, i'm now going to -- >> you would have been the first one sitting at a counter with your gun -- >> i would have been. >> your very presence -- >> let minimum respond, charles. >> charles why don't you keep speaking over me? >> your presence is demeaning. >> why don't you speak over me because you're afraid of my response? >> no, i'm not afraid of anything, sir. >> you are afraid. >> i'm not afraid of anything. >> you're afraid of a photograph. but you had nothing to say about looters, rioters, and people abusing new york city police officers. so -- >> wait have you read my columns? >> please. please. >> have you read my columns? this is when facts fly in the -- >> no no no no no. >> and say that no one had

anything to -- >> charles let minimum finishhim finish and i promise you i'll let you have a rebuttal. >> you want to be able to say that as if it's your turn to speak and no one is going to challenge that. if you haven't -- >> one at a time or i'm going to have to cut you guys off. >> if you had -- >> okay. we're getting nowhere because we can't -- when you guys speak over each other the viewer doesn't -- it's not fair to the viewer. >> well charles can respect -- >> go ahead, john and i will then -- i will let charles rebut. go ahead. >> first of all, charles, i have read your columns. and in some instances you have been critical of the protesters. but in many others you have legitimized what i find to be irresponsible and inappropriate behavior. and don't sit here and tell me that a photograph a first amendment-protected photograph staged in a controlled environment comes anywhere near actual crime occurring and actual real people being injured, maimed, and in some

cases killed. their businesses being destroyed. it is simply ludicrous and quite frankly you're far too intelligent to make that argument. anybody is. it was a photograph. and in the last 24 hours my photograph hasn't shot anyone hurt anyone maimed anyone or stole from anyone. so please stop feigning this fear and being so aghast at a photograph. quite frankly it sounds ridiculous. >> okay. go ahead, charles. >> thank you for admitting you that were lying before when you said that i had said nothing about the looting. thank you for admitting on television -- >> it wasn't a lie. >> it was a lie. you said you've read it and i've written it. it's a lie. there's no gray area between a true and a lie. you either were telling the truth or a lie. you basically were admitting you were lying. >> we've got more coming up. oprah on the hot seat. this is a very hot panel as well. what she said that has some people up in arms tonight. we'll be right back. n help me with frog protection? yeah, we help with fraud protection. we monitor every purchase every day and alert you if anything looks unusual. wow! you're really looking out for us.

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welcome back everyone. when oprah winfrey speaks well people listen. she has been talking about the recent protests against police tactics in new york and around the country, and some people don't like what she's saying. so i'm back now with john cardillo charles ogletree, and charles blow. welcome back everyone. oprah recently said the protests in ferguson and new york city lacked leadership. here's what she told "people" magazine. she said "what i'm looking for is some kind of leadership to come out to say this time to say

this is what we want this is what has to change and these are the steps that we need to take to make these changes, and this is what we're willing to do to get it." three weeks ago, though at the red carpet for "selma" she told me the very same thing. take a listen. >> when you see this film you understand how strategic and how rigorous the discipline was and how there was an intentional goal set by the leadership to accomplish the right to vote. and they were relentless in their efforts to do that. but there was a strategy behind it. it wasn't just we're out marching but we don't know what we're marching for. >> so charles ogletree does she have a point? why would she be criticized for saying that? >> i think she has a point and she has a right to say what she has to say. but she's wrong. i mean the reality is that all the movements that brought us to where we are now are movements that were resisted by a lot of

folks and that they were very effective. dr. king liked to get arrested. he believed in marching with individuals. we had to change the law completely. and i think that the people in ferguson and other places are trying to change the law. make the law work for people. you think about ferguson. here's a community that's almost 2/3 african-american. 3 of the 53 members of the police force are black. only one of the city council members are black. you see kids dropping out of school, not going to school. we need some leadership and we need somebody to do that. and i think what she's talking about is important. but i think we need to take control of it and make sure we get people involved in making cities better making schools better making jobs available, making people understand how to build a community. >> but professor, she seems to want the ferguson protesters to be more like the selma protesters. do you think there would be fewer problems if these protests were more organized? do you think that is what she's

saying is that the more nuanced version of what she's saying? >> here's the problem, don. what's more organized? what is she referring to? the reality is that organization is based on being active and being available and being willing to protest and making people be able to do that. and i think that her concern is misplaced with the people who are doing what they want to do to make themselves be heard, to make people understand what they're protesting and to make sure that even if they're arrested that people understand that they have a right to protest, a right to demonstrate, a right to oppose the power of the state, a right to oppose the power of the city, and we have to respect that. >> so here's the crux of the criticism. some of the movement's organizers or the people involved took to social media to criticize her, saying that activism has changed drastically since the 1960s. here's what one person says. so does @oprah expect someone to raise their mannedhand at protests when they ask who is your leader? that messiah style of leadership

is not us." charles blow do you think she deserves this criticism? >> well i think that commenter is right, that this is kind of a social media approach to social justice where there is not a particular point person. and i think our generation had our moment and this is a new generation's moment. and i think we have to kind of understand that and be respectful of that in a way. so i think that they're right to say that this is a different time. and in fact one other thing that's really important to remember here about saying exactly what you want. part of what the new movements are doing is basically raising aware awareness around very kind of touchy issues more so than saying that there is a specific policy change that needs to be enacted. so the civil rights movement there were actual laws on the book. there were explicit racist and

explicitly racist laws. and you could say we want these to be removed, we want access to the ballot we want to not be afraid of the police or the klan or whomever in our neighborhoods and we want to be protected from that. this is a very different thing. people are now saying we want to raise consciousness about systemic and subconscious bias. and no one has a -- no one can turn away from that. >> john quickly i know you want to get in on this. quickly because i have to get to break. >> well look i think it will surprise the audience. i actually agree with both charles blow and the professor. where i do disagree with them though is from a tactical management standpoint any movement needs a definable leader to call the shots. and i think this movement is lacking that. but i also criticized the tea party in a column i did on the blaze for exactly the same thing. i think that's where the tea party failed to become an effective movement. so i do agree with oprah winfrey

insofar as her looking at it through the lens of a successful businesswoman, that there is no definable ceo, chief operating officer, tactician, and strategist to help move this movement forward. >> all right. thank you, gentlemen. appreciate it. weather conditions in the java sea have hampered the search for airasia flight 8501. but it's tuesday morning in indonesia. are we getting closer to some answers? when we go live to indonesia, next. major: ok fitness class! here's our new trainer ensure active heart health. heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol. major: i'm feeling energized already. avo: new delicious ensure active heart health supports your heart and body, so you stay active and strong. ensure. take life in. ♪ music ♪ ...the getaway vehicle!

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it's already late morning tuesday in indonesia. let's get an update on the search for airasia flight 8501 in the java sea. cnn's gary tuchman is live for us in surabaya. what's the very latest on the search gary? >> reporter: don, so far search conditions are relatively good perhaps the best that we've seen since we've been here. but every day around midday, and right now we're closing in on midday, it starts deteriorating. but importantly, divers are in the water as we speak. that's very crucial because we are being told this is not a surprise but we have just been told that the feeling is they are not going to find many more bodies on the water. they believe that most if not all of the remaining bodies are

still strapped to the seats in the aircraft on the bottom of the java sea and the feeling is that only divers will be able to get to it. it's only about 100 feet deep don, but the problem is when divers got down this weekend they said the visibility was zero. they're hoping the visibility is better today, and we should have a report as the day goes on if divers have been successful not only finding those bodies but also finding those black boxes which so far have eluded them. >> cnn's gary tuchman. gary thank you very much. joining me, david susie, cnn's safety analyst and author of "malaysia airlines flight 370" and also mary schiavo, the former inspector general of the department of transportation. she's now an attorney for victims of transportation accidents. david, i want to get your reaction to what gary just reported they don't think they'll find any more bodies they believe most of the bodies, remaining bodies are strapped still inside of the aircraft. >> we could make a conclusion on that. actually what i think is going on is that the bodies are still down there strapped in the seats. that tells us the aircraft may

still have a large piece down there as opposed to if it had broken up into many little parts we'd have fewer -- or more bodies on top and fewer trapped down below. that may give us a clue as to what they should be looking for under the ocean. >> you know i had you on here last week, david, and you said that the search and rescue teamed said that they found the plane by sonar but now teams are still looking. so what happened? what do we know about the portions of the plane that have been found? >> well one is just the ability to get down there and verify what it is. but as that night we talked a little bit about this -- that dave gallo had mentioned to us we need to be cautious about what we say is down there because there's a lot of debris in this area of the ocean. there have been wars fought there. there are ships that are sunken. aircraft actually that have been downed in that area as well. just saying that we've seen a large piece of metal could just be just another piece of another ship from years gone past. >> and we warned the viewers about that last week.

mary you were here with us as well. your reaction to gary tuchman's news. >> well you know it's kind of a repeat. there was a number of years ago an adam air flight that went down in the java sea, and that too was very difficult to find. in fact pieces of the plane and remains, other parts of the aircraft washed up on the shore. and then that helped them many many weeks afterward to help them trace back. so while it's more shallow than other places where searchers are used to looking, it's proved to be somewhat elusive in the past as well. >> as i've been watching the reports throughout -- since we have been on last there's been some you know consternation about whether the pingers are working or not. whether they're getting signals from the pingers, from the black box. what's going on mary? >> well you know in many cases, i think there's an estimate of about a third of the time pingers don't work for various reasons.

sometimes the battery malfunctions. sometimes the pingers are damaged or knocked off in the accident sequence. and sometimes they're just positioned under wreckage such that they don't pick up the sound unless they're literally right on top of it. it could be a factor of any of those or they just haven't gotten to the part yet. but when they get to the big piece of the plane hopefully they'll still be there. but in many accidents they just don't work. >> and finding the bodies of course that is their first priority. but these black boxes, if that's the most important, david, outside of finding the bodies that's going to tell them what happened to this plane. >> that's right. and the combination of the cockpit voice recorder and flight data recorder together is what paints the whole picture because you see not only what happened to the aircraft but you get a glimpse into what was going on in the decision-making of the pilots and that can give you a real benefit as far as looking forward and trying to prevent these accidents in the future because now you can start to understand the psychology and help the pilots understand

things better as they get into difficult situations like this and thunderstorms. >> david, mary thank you very much. coming up the bizarre billionaire sex scandal. britain's prince andrew and now alan dershowitz facing accusations of sex with an underaged girl. they both vehemently deny the charges. and tonight an angry alan dershowitz is here to defend himself.

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it's 11:00 p.m. on the east coast. this is "cnn tonight." i'm don lemon. ripped from the headlines, two shocking stories making news around the world. first the billionaire sex scandal that reaches all the way to buckingham palace. britain's prince andrew and top attorney alan dershowitz are blasting allegations of sex with an underage girl. the royal family emphatically denying the charges and dershowitz insisting that he can prove the story about him is a lie. tonight he tells me how. also you might think it is an episode right out of "law & order," except this one is true. the millionaire founder of a successful hedge fund is found shot in the head in his apartment

apartment in manhattan. his son arrested on suspicion of homicide. we'll go live to the scene of the crime coming up. but i want to begin with the scandal that has the royal family in an uproar. allegation that's prince andrew had sex with an underage girl and similar allegations against alan dershowitz. both vehemently deny the charges. cnn's jean casarez has the story. >> reporter: the usually stoic and silent buckingham palace has become very vocal denying allegations in a federal lawsuit tying his royal highness prince andrew to sex crimes. there is nothing to suggest this is true a palace statement says. "we have no record of such a meeting." the second son of queen elizabeth is not charged in the ongoing federal lawsuit, but it puts him right in the middle of an alleged sexual abuse ring from 1999 to 2002 that was allegedly run by international financier jeffrey epstein. epstein pleaded guilty to solicitation of prostitution. in 2008 he was sentenced to 18 months behind bars. he served 13 months.