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tv   Anderson Cooper 360  CNN  May 6, 2015 5:00pm-6:01pm PDT

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e home page of cnn. we talked about aides, and the in-vitro fertilization and the designer and the royal baby. be sure to set your dvr to watch "outfront" and we start with anderson cooper. there are reports of tornados and warnings for parts of oklahoma kansas city and nebraska right now. and we we are -- we are live at the weather center right now. what is the latest? >> you with see tornado washings -- warnings in effect and some warnings in the exact spots we saw tornado touchdowns
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hours ago and so potentially another tornado hours ac. just close to chickasha, and there were reports of an active one at about 50 miles per hour. newcastle on the lookout for that one and if it continues on this track, once again looking at places like moore and the southern side of oklahoma city. and we have that one, a little bit to the east of oklahoma city and continuing on to the late evening hours. and a lot of the storms are rain-wrapped and you can't see them coming and that is the danger in all of this. and i want to show you the storm you could see imyer -- earlier, we were tracking it. and so pictures will come out of there but keep in mind this is a fluid situation and we have a
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danger situation on our hands. 25 reports of tornados throughout the evening hours. and it is still going on. >> wow. 25 reports. some are populated areas. any reports of damage at this point? >> we've seen reports of pictures of damage on the south side of oklahoma city damage outside of the wichita, kansas area as well and we'll see more but we have had reports of damage as well. >> we'll follow it through the area and bring you any more damage. and more on the news on the death of freddie gray. when miss mosby announced six officers would be charged there was a sense of relief. there wouldn't be the case of another young black man killed with no consequences but there has been criticism with the way she announced the charges themselves. tonight new questions about the investigation and the charges she brought.
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evan perez is working the news on a number of fronts. a lot to talk to you about. your sources have questions about the medical examiner's reports and what have you learned? >> reporter: we are beginning to see the ways in which the fact there were two separate investigations. one done by the police department and homicide detectives there. and by the state attorney's office. to try to exploit the differences between the two investigations and perhaps weaken the state's effort to prosecutor the six officers. we're told that the investigators at the police department were under the impression that the medical examiner's findings were short of a homicide. if you recall that is one of the key findings of marilyn mosby, she said that led her to bring the most serious charges. we're told that the police investigations just simply do not support the most serious
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charges being brought against the officers. that is a second-degree murder charge. at most what they were looking at was manslaughter. now i should add that the medical examiner's office has told us that they only reached one conclusion in this case and that this was a homicide. they had police officers there getting briefed along the way but they only made one conclusion. we also get a statement from marilyn mosby's office and she said she won't litigate this case in the media and defended her case anderson. >> and evan you are getting information about the top investigator. what can you tell us about that? >> reporter: one of the top investigators, a man by the name of avon macel, a top baltimore cop. he was demoted after he failed to follow up on serious crime reports in his central district here in downtown baltimore. also in 2009 there was a drunken incident at his home in
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baltimore count. the s.w.a.t. team had to come out after a incident report and he was very upset and he had his gun in his hand and they had to use a taser to calm the situation. he was not arrested but the question that arises is whether he has a beef with the baltimore police department and if that is why he was helping to bring these most serious charges against these officers. >> it is interesting that this information is being leaked out. people clearly leak when they have a reason to leak or an objective or to get something across and it raises questions about why are they trying to leak this information and they trying to discredit this information, trying to discredit the investigator but the next question is about the knife that freddie gray was carrying. >> reporter: and you are seeing
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the beginning of how the defense lawyers for the officers will defend them. and as you mentioned again, this is a matter of the differences between the state investigation and the police investigation. the police investigation found that the knife that was found on freddie gray was a violation of the city code if you remember. marilyn mosby said the whole believe was there was no reason to arrest him because the knife on him was not illegal in the state of maryland. and there is a discrepancy. and two lawyers representing the officers have filed accusations about the knife and another lawyer has filed a motion to get notes about the police investigation. again, they are trying to figure out a way to exploit differences between the two investigations.
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>> evan thank you. and i want to bring in blogger and former deputy state's attorney page cloiter and sunny hostin who is friends with the baltimore mayor and dwight petit. and sunny, i want to talk about the knives first. there are questions. i don't understand why already it is cut and dry whether this was a spring-assisted knife and whether it is legal or not. and we have two knives on the set. there is spring assisted and the ease with which it springs out and the other one is not and you have to open it up like this. and you can see besides the size difference the confusion between the two. why is this so important? >> it is very important because under maryland state law a spring assisted knife is legal. under the baltimore city code the ordinance, that type of knife is illegal.
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so if indeed it was illegal under the baltimore city code that would still make it an arrestable offense. and so what i think the defense is trying to show is the police officers acted appropriately in arresting him. if that is correct, most if not all of the charges, filed against the two arresting officers anderson would fail. that is a problem. especially facing the criticism that she is facing that she rushed to judgment here. that would be very slopsloppy sloppy prosecutorial work. >> and dwight if the two -- or the arresting police officers acted in good faith believing the knife was -- was illegal, does that -- does that defend them or their actions? >> i don't think the good faith argument comes into play here. i think it is a factual argument of whether or not the knife was illegal under neither the
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baltimore city code or the maryland code. if it is illegal, then we have a problem or she has a problem because, in fact that would in fact -- i mean if it is legal, that would invalidate the search. if it is illegal, then she is on safe ground in terms of the search and seizure. >> page do you agree that -- do you agree that the good faith argument that the police officers legitimately thought this knife was illegal would exonerate them? >> yes, i do. i think that first of all, they have qualified immunity for civil litigation if they in good faith acted. and if the task force felt that this knife was legal and it shows a difference of opinion and the task force agreed with that and at the very worst the
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police officer acted with good faith it was spring assisted and it would be danger for the prosecutor to bring charges like this based on a mistake by the police officer. that is one of my fundamental problems with the charging of the two arresting officers for not having probable cause. you are setting a president dent that any police officer who -- precedent that any police officer who can arrest can arrest without probable. lawyers and judges disagree without probable cause and if officers are arresting with good faith and if they make a legitimate error in judge and to subject them to charges is going to put a chill on the police department and which is why i said i would not want to be a baltimore police department where i could be charged over making a mistake over what is considered probable charge. >> and what about the mistake over the history and you heard
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it from evan perez, is that jermaine to all or is that trying to slander one of her investigators or trying to discredit him? >> that could be jermaine. because if she is pegs her case to this investigators' findings during a preliminary hearing or a trial, all of this will come up. so i think that is something generally that a prosecutor would look at prior to making this person one of the chief investigators. i also think though that we have to keep in mind that this young man was fine -- he was running, he was able until he became -- in police custody and now he's dead. and so to be sure something happened. the question is whether or not the charges that were brought are appropriate under these investigations. >> dwight as far as how mosby handled the case so far, one
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question is overcharging. what do you think? >> i don't think she overcharged, in terms of second degree all she has to prove is there was a high risk of danger or death created by the over that was charged and he more or less ignored that or in fact grossly ignored it. and in fact did not act upon it eesk though he was -- even though he was aware of the difficulties mr. gray was in. and if you went to first-degree murder you would have to talk about intent you would have to talk about malice or premeditation but this is a charge she can make on a type of gross negligence argument and that is the same on the volunteer manslaughter and the same with the false imprisonment. now the false imprisonment is extremely interesting because
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that is the first time we see circumstances where officers charge for violation of the koourgsal rights -- constitutional rights of the defendant. in this case the person they were apprehending. they did not have probable cause but then that charge can be made but let me good back to the -- >> will you bet me go back to page. because you are critical of the state's attorney. do you think there was politics involved here. that she wanted to calm the crowd? ? >> well i can't read her mind and i don't know her at all? but my position has been that her rush gives that impression. when she stood out there and said i've heard your call no peace, no justice. i'm going to give you justice. that gives the impression that she was rushing to get charges to have some impact on the crowd. what would have been more appropriate and also ethical, the comments that she made
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crossed the prosecutorial ethical boundaries and it would have been better to say i received the police report yesterday and today i received the autopsy report and i'm going to take this evidence to the grand jury and we're going to receive no stone unturned until we discover the truth and when i come out with charges you can depend on me to bring the most appropriate charges, instead there was a rush. >> i appreciate you being on. set your dvr to watch 360 any time you want. >> and deflate gate is in. and tom brady probably knew about it. and what the team is saying about that, next. [ male announcer ] whether it takes 200,000 parts ♪ ♪ 800,000 hours of supercomputing time 3 million
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today the nfl release their findings of deflate gate when it broke back in january. you remember the team and tom brady were adamant they didn't deflate the footballs to obtain an unfair advantage in the playoffs. the findings were the opposite. gary tuchman reports. >> tom brady leading his patriots to a victory over the seahawks he was asked by the press if he was a cheater? >> i don't think so. i always played by the rules. i would never do anything to break the rules. >> after the afc championship game he was asked if a deflated ball is easier to throw.
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>> i didn't alter the ball in any way. i don't want anyone rubbing them putting any air in them taking any air out. i had no knowledge of anything. i had no knowledge of any wrongdoing. >> but today an investigation ordered by the nfl said something else. the 243 page report declaring brady was likely at least generally aware of the inappropriate activities and what were those inappropriate activities? the report stated it was more probably not than jim mcnally the officialed locker room and john jaft recommend ski released air from the patriots game ball released air from the balls. and there is video tape of mcnally removing balls from the locker room and many text messages in which they talked about brady's unhappiness with
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the inflateness of the game balls. he texted this. tom sucks this. i'm going to make that next ball a blanking balloon. talked to him last night. and talked to him last night. you must have a lot of stress getting that done. we believe it is unlikely that an equipment assistant and locker room attendant would deflate game balls without brady's knowledge and approval. brady declined to make available document or information including text messages or e-mails that we requested, even though they were limited to the subject matter of our investigation. and when deflate gate first broke, many tried to blame weather or other environmental
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factors but we visited the willson sporting goods center where the footballs were made and the employees there said no way. >> this ball will not leak unless you put a needle in it and let the air out. >> and that is the likely scenario. >> the owner of the patriots released a statement. to say we are disappointed in et cetera findings which we do not include anyin couldn't row verdible hard evidence of deliberate deflation. >> gary tuchman, cnn, atlanta. >> want to join two people who know about this
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dawn shaughnessy and the columnist who broke this wthar. and you say that bails on the report that it is fair that brady and the patriots cheated and have been cheating and you call them a recidivist organization. >> absolutely. you go back to spy gate and look at this. and if i'm the baltimore ravens what they beat in the previous game to the colts game i'm furious. if i'm anybody who lost to the patriots i'm furious, especially in bad weather games where deflating the ball makes it easier to grip it and to throw it. it would be ridiculous to believe this is a one-off type of situation. clearly this has been going on for quite sometime. >> and dan, you wrote, before the super bowl that the patriots have already lost the game that
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mattered and this is bad for their legacy and what about now? what does it mean for patriots and the team? >> this is a bad hit. they are bending themselves into pretzels to say this didn't happen. and when bob talks about systematic cheating it does make you wonder because of the tail of texts and priors and the history of '07. and we know this organization will do anything to win and leave no stone unturned and this lives a nixonyian spy gate to it. >> and i want to play this. >> i didn't alter the ball in any way. when i picked those balls out, at that point, to me they are perfect. i don't want anyone touching the balls after that or rubbing them. i don't want anyone putting any air into them or taking anything out. i wouldn't do anything outside
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of the rules of play. i'm not a conspiracy theorist. i don't know what happened. i -- i have no explanation for it. >> bob, it is interesting, the way the report is written. they dance carefully around coming out and saying brady ordered the balls to be deflated. >> in these source of reports all you need is a preponderance of the evidence. this is not a legal case. so clearly brady was not forthcoming there. i think this is devastating for the patriots. it is devastating for the national football league because this is their franchise, franchise. it is a team that won four super bowls. but there is something of an asterisk afixed to this championship even though the balls were perfectly inflated well within the rules in the super bowl game. >> bob, it is interesting that brady refused to hand over his
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texts. if he didn't have anything to hide he would give wells anything they wanted. >> absolutely. and that was reflected in the wells' report. i think the guy who looks the worst here clearly is tom brady. you know just listening to those quotes, i'm reminded of rafael palmeiro during the steroid hearings when opponented to a congressman or a senator and waved a finger at him as if to say, how dare you ask me i'm not guilty of these things. so i think brady is the one who takes a hit here. and i think there will be a suspension. >> dan, what about that? do you think there will be a suspension and what other kind of punishment there there be for the team or for brady? >> i think brady will get a suspension and the wells people think he was not north coming
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and there wassin transyens for the patriots people not coming forthcoming. and brady will get something. a game four games, i don't know. i wonder what they'll do for the patriots? if they'll go to loss of institutional control or priors or how this will reflect on the organization. >> that will be interesting to see. dan shaughnessy and bob kravitz, thank you. and new information suggesting that the copile yolt who crashed into the alps rehearsed just hours before he actually did it. and an update on tornados over a wide swath of the midwest and millions in their path. now that i have a tempur-flex, i can finally get a good night's sleep. when i flop down on the bed, and it's just like, 'ah, this is perfect." wherever you put your body it just supports you. like little support elfs are just holding you.
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the first officer appears to have rehearsed hours earlier. and the report said he set the altitude to 100 feet during the outbound flight to barcelona.
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when the captain left the flight deck he was gone less than five minutes. it went unnoticed by air traffic flight controllers. in a we'll -- in a moment we'll dig into the details. kim law went into the details. >> you take this to lock it will lock out those doors. >> so begins what is the likely decent -- decent. >> that is unthinkable to you? >> exactly. why would i think of doing that. it goes against every grain in my body. >> you know the consequences of
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that action? >> absolutely. >> if you had to step in this young man's mind do you think he understood? >> it is a very difficult subject for a pilot because we are, again, here to keep our passengers safe. to keep the airplane safe and keep the crew safe. so to go where this young man went it is tough. to say i'm good to go i'm safe. >> to man the lives in the back? >> yes. >> approximately nine minutes later -- >> pull up terrain, terrain. pull up pull up. >> this is not a situation i've ever been in. >> what is happening to your hands after that crash? >> they are sweaty. you can see it. and in all of the years i've been flying in a simulator, i've never seen a airplane hit the ground. you recover before that happens. >> so that was unthinkable?
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>> yeah. hard to see. >> roger takes us through a manual scenario. something the german pilot did not do? >> it is uncomfortable? >> it is. >> in fact. can we just get out of this. there is just no need to take us through that. >> even in a simulator, something we asked him to do for the purposes of this story, this pilot cannot stand it. >> does it exceed pilot instinct? is it human instinct to pull up? >> yes. i'm thinking about the safety of my passengers and my crew and that airp and that is what i do as a pilot. >> is that why this incident has to disturbed the people of your profession? >> it is unthinkable that someone would take a plane and take it into the ground. it is unthinkable. >> unthinkable. and air french investigators believe that the first officer
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was rehearsing his plan on the outbound flight to barcelona. a lot to talk about with richard quest who joins me tonight. >> so richard, the co-pilot changing the target altitude to 100 feet is there any doubt in your mind that was a rehearsal for what was to come? >> yes, there is a certain doubt, anderson. because we don't know. was it for example, a rehearsal, a practice was he learning how the aircraft would handle dialing in 100 and seeing what would happen would air traffic control notice? would there be the alpha protect it and would the aircraft fight him in doing it? all, as some suggest, was this an attempt at doing the suicide run, an attempt which he subsequent stopped and failed at? so i think it is academic at one level because the final result was the same on the return
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flight but all with you know for a fact is that he did make history. >> but it shows aforethought just not a impulsive act, as some suicides are, this is something clearly he thought about at least somewhat before? >> and no question about it. and if you take that with the further evidence of the ripped up medical notes at his apartment, the online searches for suicides and researching cockpit doors and the locks on the cockpit doors and then you add in all of this i don't think there is any doubt we're talking about the actions here of a very sick and very deranged mind in what he did. what we don't know, anderson and again we will never know is were the crew able to use the emergency override to get into the cockpit or did they not --
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did they not do it? there is no evidence on the cockpit recorder of the noise you would have heard as they would have tried to do it? but again, we don't know how he locked them out? there is a whole load of issues we'll never know about this. unfortunately, the core fact remains, that a very sick man was allowed to fly an aircraft and that will be the subject of the investigation going forward. >> and of course i should have said not just suicide but mass murder as well. would anybody on board have been able to feel as all -- either the pilot or the passengers that he was testing these things out? >> no. and this is the reason. when he set the auto pilot altitude to 100, the plane was already descending. it doesn't matter if you asked it to descend to 1,000 or 100
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it will continue the trajectory unless you change the speed or one of the other parameters. he didn't do that on the test. the plane is descending or carrying on the descending it is carrying on and that is in some ways the cleverness or the trickiness of what he did when he did it. you choose to test it out when the plane was in decent so no one could know it. >> and it is incredibly disturbing. thank you very much. just ahead, nor breaking news the latest on the tornados putting millions of americans in danger. those are lives pictures. 25 twisters touching down in three states. dramatic pictures. we'll show you more when we come back. and a millionaire murder
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suspect convicted for committing his wife and now he's on trial again for the same crime. if he's convicted again, the question is will it stick?
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we are watching severe storms threatening a wide band of the southern and central plains tonight. tornados touching down in oklahoma kansas nebraska and photos and video are coming in. this is a hotel in norman oklahoma and they called guests to move them into a shelter. and look at this from harding, nebraska. joining me on the phone is jeff tice who took that video. so jeff the video that we're seeing what was going on when you first saw that tornado? >> honestly we saw the initiation of the storm just east of a small town named harding, nebraska. it took shape and we saw it destroy a farm stead northeast of the small community. >> you look pretty close, were
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you worried? >> no. we were at a safe distance in the opposite direction of the movement of the storm and wasn't rain-wrapped and these are dangerous situations that we were trying to avoid. myself and my friends were just amateur storm chasers. >> and when you say it is rain-wrapped for those who don't follow tornados as much as you know explain what that means. >> rain-wrapped is as simple as it sounds. rain is surrounding and you can't see it and it makes it difficult to see. >> you can't see which direction it is going. >> exactly. and farly with the great visual on cell phones and gps you can see it immediately. >> and did you see much else? >> no. just this is a rural area on the
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kansas and nebraska border and there was a little damage. i heard there was a train derail 10 miles north, about 25 or 30 minutes from here. >> and we are trying to gather the extent of the damage from the 25 tornados. we've just gotten some pictures that we are showing viewers right now that would show some damage on the ground. i'm not sure of the exact location of this but it looks like -- this is from oklahoma of damage to property there. have you gotten a big picture sense at all? >> i think we were fortunate here. we stopped at the farmsted as soon as we saw the damage. it was a working farm because we saw several tractors and farms damage but it was no longer in use so that is good use.
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>> thank you vef jeff theis. and we have much more. >> a chilling threat from isis who may have been in touch with one of the texas attacker said you may have seen nothing yet, who may have been inspireing inspiring both gunman. and new audio from air traffic control in a cockpit when a small plane crashed in western kentucky and killing a family. a 7-year-old was a lone survivor and walked through the dense woods to get help. hear is what her father said moments before the crash. >> both engines are malfunctioning. everything forward was running perfect.
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i have fuel. i just don't know. the right engine is out. >> how many persons on board? >> i have five on board. and i see the airport. >> terrifying moments there. and a florida man accused of holding his girlfriend hostage at knife point along with her three children. authorities say they were rescued after the woman ordered a pizza online during the ordeal and in the comment section asked for help and told them to call 911. >> brave of her to do that. thank you. up next the millionaire suspect accused of killing his wife and the murder of his children and why he is facing his third trial on murder charges. anyone have occasional constipation diarrhea, gas, bloating? yes!
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once again the mate of a millionaire murder suspect is in the fate of a jury. cal harris a car dealership owner is believed to have killed his wife. her body has never been found and mr. harris has been convicted twice for the murder, and both convictions were overturned and here we are again, a third jury is on the case. randi kaye reports.
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>> i would never hurt the mother of my children. >> a man who has good reason to hide from the spotlight. he is accused of hilling the -- of killing his estranged wife. at the time the couple was living together on the 200 acre estate in upstate new york living separate lights while trying to settle their divorce. at stake his $2.5 billion divorce. >> the divorce was ending on friendly and on cal term's terms. >> she was last seen on september 11th, 2001 and the last night she had those returned home and called the nanny who found her vehicle at the end of the driveway. >> he went to work.
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and when he went to work he thought she was with her boyfriend. >> and there was never found any murder weapon. but that didn't stop them with charged him with murder. investigators found what they believed were ten drops of blood in the house and garage. prosecutors suggested cal harris struck his wife when she came home. then got rid of the body and the weapon he used. cal harris was convicted in 2007 but five months later a stunning reversal of that verdict. the judge overturned it after this man came forward claiming he thought he saw her in the driveway with another man the morning after cal harris allegedly murdered her. >> there is a man in the back of the pickup and a woman i believe is michelle harris.
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>> and cal harris still wasn't off the hook. >> in 2009 he went on trial again for his wife's murder and once again convicted. he was sentenced to 25 years to life in prison. but after serving four years the new york court of appeals overturned the conviction and granted his defense team's appeal that one juror had preconceived notions about the case. the court ordered another new trial for cal harris. >> michelle harris's family said she feared for her life and removed guns from the home and slept with her car keys for a quick escape and made had home where the only person who threatened or hurt her lived. and still the four children say their dad is innocent. >> we need to know what really happened to our mother. we know our dad had nothing to do with her disappearance. now he is on trial for the third
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murder trial. the hairdresser said he heard the defendant threaten the victim during a 2001 phone call. drop the divorce proceedings. i will kill you. i can make you disappear. and now after 11 weeks cal harris' feature is in a jury' hands. >> and we'll let you know what the jury decides. is the jury any close tore a verdict? >> it doesn't appear so. this is day five of the jury deliberation and they came out today and wants to see more documents, the nanny's testimony and the one who found her vehicle at the end of the driveway and they said they were deadlocked and the judge ordered them back to the jury room. yesterday they asked to see pictures of the blood stains and the divorce documents and a magnifying glass maybe to see the blood stains more closely
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and all while cal harris and his four children are milling outside of the courthouse who have been here every day and if he is acquitted this time around he could not be tried again. but if he is found guilty he can be brought to trial once again. >> thank you very much. and we'll be right back with more on the tornados in the midwest. at 62,000 brush movements per minute philips sonicare leaves your mouth with a level of clean like you've never felt before. innovation and you. philips sonicare. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower?
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want to show you some live pictures. we're watching tornados in three states oklahoma kansas and nebraska. million in the panel of the system. you see the dam from kfor. some. damage in the ground. i want to bring in our meteorologist jennifer gray with the latest. jep jennifer what are you seeing out there? >> we have sheen pictures coming out there. and some areas we are seeing the damage and more storms coming through the same areas. in fact we have neither tornado warning. this is the newest one including oklahoma city the downtown area. bethany also included in that war acres and woodlawn park. we still have the tornado warning to the southwest of that. and that is going to continue to wush to the north and east. this includes grady counties bridge creek and tuttle and more
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concerns is the flooding. with this much rain with storms in the same areas you will get flooding and that is another concern. >> jennifer we appreciate that. we'll follow it through the night. we'll see you at 11:00. another edition of ac360. anthony bourdain: parts unknown starts right now. miami sneaks up on you. or do we change and find ourselves sneaking up, washing up, ending up in miami?