>> thanks. thank you so much for sharing your morning us. >> we've got much for ahead in the next hour of "new day." it starts now. breaking new details about the capture of escaped inmate richard matt moments before he was killed. and weather conditions, they're taking a turn for the worse. even a flood watch could make it even harder to hunt down escaped killer david sweat. horrifying video from an explosion at a water park. people were on fire running to get away. more than 500 are hurt, many in critical condition. we have a live report coming up. two activists arrested in south carolina for removing the confederate flag from a pole on the grounds of the state

capital. how should their cases be treated? as a nonviolent protest or as a district criminal act? good morning. it is always good to be with you on a sunday. >> we want to begin with you in northern new york with breaking new details about the death of richard matt. the buffalo news is reporting that matt may have been drunk when he was shot. and that his body reeked of alcohol. we're also getting a look at one of the cabins. take a look at this. this was a temporary hide-out for one of the escapees. police are focused on a 22 square mile area near the town of malone. there's where we find polo sandoval this morning. let's start with richard matt. what are these new details that are being reported? >> reporter: some of those local media reports are what people are waking up to this morning.

buffalo news citing an unnamed law enforcement source familiar with the investigation is telling that newspaper that matt was not only sick but possibly even intoxicated at the time he faced off with federal agents on friday. we are digging for details on his autopsy that could potentially confirm some of this information that's being reported by the buffalo news. an unnamed law enforcement source telling them that information though. that will be crucial in telling them what life was like for richard matt in the moment leading up to that confrontation with federal agents. in the meantime, the main headline here to tell you is the weather. what a difference an hour makes alone. we've gone from a sporadic drivel dri drizzle to showers. they worked through the weather

following that jailbreak in dannemora. now the search focusing on the malone, new york, area was they continue to search for david sweat. at this point they have no solid evidence that seems to suggest he is still in the region. but they also don't have any information to suggest he is in the region. this morning as the manhunt continues with the weather, the main question is, is david sweat still here and was he in and around the region when richard matt was gunned down nearly 48 hours ago. >> thank you so much. we appreciate it. and i van -- let's talk about that weather. >> we've already had our sunrise at 5:14. they have about 15 and a half hours of daylight this time of year. let's get into the radar and

show you what's going to be happening over the next several hours. we're talking about malone which is right across extreme northern new york, right at the border with canada. we're going to continue to see those heavy rains. in fact, flood watches in effect with that. it is not going to take much to flood here. look at our computer model forecast. this is sunday 8:00 a.m. we'll push this forward a little bit more. you see another batch of heavy rain moving in around 2 p:00 p. and that continues throughout this evening once again with tropical downpours here. what's not tropical are the temperatures. take a look at this. upper 50s is where we're going to stay here. we're going to have some higher gusts this afternoon making it feel colder. if he has not had shelter, this expoe exposure to wind and rain is

going to make him very cold. let's focus on the new breaking details about richard matt. the report from the buffalo news citing an unnamed law enforcement source is that richard matt was drunk. what do you make of that? >> well, you know, the fact that he was drunk, we know there was a bottle that was found at one of the cabins. apparently he took a couple with him. that's why he made that stupid move of firing shots at that vehicle. we can pretty much assume that sweat was probably drunk around the same time and that sweat is also sick. right now i'd be trying to focus some of that search on cabins in the area now. because he has to be looking for some type of shelter to keep out of this rain and the cold

weather. right now i don't even know why this guy isn't hypothermic by now. we might actually find him laying down unconscious or even dead as a result of this weather. >> bernie, your expectation is that we'll find more cab wins that these two have broken into over the next several weeks? >> you have sleep deprivation, hypothermia, lack of food and water is going to have an impact on him. as harry said, we may find him unconscious somewhere. he's got to find shelter, food and water. that's going to be difficult, especially now because everybody that owns property up in that area, they're all going back in there to check their properties, see if anything's been

burglarized, see if anything's been removed. the searchers, if he's up there, they'll find him. >> the rain not only hampers the search but damages some of the evidence that might be available out in this terrain. we heard from a survivalist's p perspective. as law enforcement, what's your concern about what might be here after the rain? >> certainly there's tracks. and certainly it can affect the dogs in trying to track sweat down. those are probably the two biggest concerns. if he leaves clothing or other types of things around when he's walking and dropping things, we're going to find those. he is probably so sick right now from drinking bad water or eating bad food, he's probably not even moving that much. there's a good chance he might be hiding in some brush

somewhere or he climbed a tree and is just sitting there. i can't see him lasting too much longer unless he makes it to a cabin somewhere. >> the truth is that this can go on for weeks or months. and in some cases escapees are never found. >> normally, in a circumstance like this, you usually get these guys within 48 to 75 ho2 hours. if it goes beyond 72 hours, there's no telling. the bottom line is i don't think this guy has the capability to go underground and disappear for life. i think they'll find him. the key is now, is he still in that region? did he get into canada? has he enabled himself to get out of the region, out of the immediate search area? time will tell. >> we're also getting our first pictures of inside and outside of this cabin where dna was

found. soiled clothing was found and that's how they were able to determine that he was likely sick from bad food or bad water. how many of these cabins -- you expect they're going through all the cabins harry in that area now or are they waiting for reports from owners? >> they have to go to the cabins and sit on them and see if he shows up. a apparently there's 300 cabins in the area, last report i heard. you're talking over 600 officers when you only have 1100 out in the field. so it might be kind of impossible. we don't know when sweat split up from matt. apparently now reports are that they don't believe that he may have been in the area with matt. and that the footprint that was found might not have been sweat's footprint. they might have split up some time earlier and he might not

even be in the search year now. >> most people expected by saturday morning this would be over but it continues. thank you both. this is a frightening scene at a water park. talking about an explosion and a fire ball, hundreds of people running through flames just to try to survive. what investigators think might have caused the blast. plus, two arrests after activists remove the confederate flag from the south carolina capital. some people are asking, should this be treated as criminal or just a nonviolent protest? also a new investigation for an unusually high baby death rate. it stems from the cnn investigation. and now the changes that could happen because of it. we'll walk you through it in a moment. a subconscious. a knack for predicting the future.

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. it is so hard to watch, isn't it? those are people running through flames to get away. police say a flammable powder blew up over a stage and spread furiously. listen to this. 519 people are suffering injuries this morning because of this horrific explosion at a taiwan water park yesterday. do we have any gauge of how some of these people are doing and how hospitals are coping with mass injuries like this? >> well, you saw the video right there. so graphic in showing these people just running through flames.

you can just imagine the kind of burns they have, the kind of smoke inhalulatioe they are suf. we're told there aren't enough specialist burn yunits to look after everyone who needs that specialized care. authorities are overwhelmed. they're trying to move people into the right hospitals. there are 39 in this area looking after people to make sure they're in the right place and getting the care they so desperately need. this is a water park. we saw people dragged out on inflatable tubes and being given first aid. officials are calling for the public to please stay away unless absolutely necessary because we need to focus on the people who were hurt right here. >> what about the police investigation? what more have they learned about this flammable powder? >> we know that the organizer of

this event had been brought in by the prosecutor for questioning, also the people in charge of setting up the stage and the special effects. what i was told is in small quantities this powder should not be dangerous. what they think happened here is because there were such large quantities of this powder that were shot into the air by the organizizee izrs to create this special effect, may have caused the explosion. they're looking at is it faulty air or lighting or simply people smoking. the water park will remain closed until the investigation is concluded. let's now look at the latest developments in friday's three deadly terror attacks. there's a lot we're learning this morning. in kuwait officials say the suicide bomber who attacked a mosque was a saudi citizen.

and they arrested the man they say drove him to the mosque. the attack killed at least 27, 200 more injured. isis claims responsibility for that. 000s of people are leaving the seaside soud of stown of sousse. u.s. officials say isis might have inspired the gunman. in france, a memorial service has been held for the man whose severed head was found on a fence outside a gas factory. state side the confederate flag debate is reaching new heights. coming up, how should prosecutors deal with the two activists busted for taking down that flag at the south carolina state house? was this a criminal act? was this just a nonviolent

protest? plus, rain and possible flooding in northern new york could hamper the certainly efforts for an escaped killer. what methods police officers could be using to track fugitive david sweat. and more breaking news, details into richard matt's condition moments before he died. can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought.

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we have to bury hate. it's been too long. we can't be warring with each other all the time. it's not right. >> why not wait for the vote to take it down? >> what is there to vote on?

there's doing the right thing and there's doing the wrong thing. >> the activists tore down the confederate flag there in the state capital in south carolina. she's 30 years old. out on bail now. >> the cofounder of black lives matter is on the phone with us, a group that had been an avid supporter of bree. i want to come first to you, because there are people i've spoken with in the state legislature to agree the confederate flag should come down. they disagree in the matter in which it came down by climbing up and taking it down. you say to them what?

do we have patrice on the phone? >> caller: yes. i did not hear you. one more time. >> for people in the state legislature who say the flag should come down but it needs to go through the legislative process, not the way it was taken down yesterday, what do you say to those critics? >> caller: what i say to those critics is essentially bree is a hero in many of your eyes. that flag should have been taken down years ago. and honestly as state legisla r legislators and local government has procrastinated. so the taking down of the flag was courageous. it was bold. it was a creative action. it's those sorts of actions that allow for an opportunity for hopefully the flag to be taken down immediately. although we saw them bring the flag back up within the hour

that bree took it down. which is pretty startling given how much that flag brings up, how much hate it brings up for so many people, especially black people. >> listen, it's a misdemeanor is the reality. in this particular jurisdiction it's punishable by up to three years in jail and a $5,000 fine. that of course is the maximum. a prosecutor looks at a few things, what is the intent of a person. the other of course is the interest to be served is. and what is the interest? obviously you want to defer criminality. you don't want anyone else to engage in any other types of disobedience like this because we're a country of laws.

i think the prosecutor will certainly temper the prosecution with balancing all of these factors in terms of looking at this as an act of civil disobedience. >> the naacp calls on state prosecutors to consider the moral -- prosecutors should treat newsome with the same large hearted measure of justice that inspired her actions. >> look at the whole founding of the country. look at the boston tea party. look at susan b. anthony and voting rights. look at rosa parks. you could take this throughout history. if you look at history, history is really a whole combination of a can you be the thountry that' civil disobedience. you have of course competing thoughts. we do have to be a society of laws. you can't have people acting in ways based on just what they

want to act upon. at the same time, there's something to be said about someone who speaks out against acts of oppression. i think that's what the prosecutor will do here. >> patrice back to you. we know that the legislature will get back together and reconvene sometime after the 4th of july holiday to discuss the flag. do you expect there will be other attempts to take down the flag in the same manner in which miss newsome did? >> caller: i hope so. what we witnessed bree do was an act of civil disobedience as rosa parks taking up a seat in the front of the bus. she opened up the door for a dialogue that's been happening for decades. but she's pushing that dialogue forward. and so i think many of us, you know, are saying hopefully this will lead to acts of civil disobedience that are not

dangerous for anybody. except for bree. she was the only one that was in real danger taking down that flag was i think an absolute inspiration for many of us who are in the black lives matter movement. we stand in solidarity with her and we hope that they drop the charges against her. and we hope that folks are able to see this as an important opportunity to permanently take down that flag. >> just in terms of permanently taking it down, two-thirds of the legislature in both houses, provided they get that and the two-third approved, it's taken down permanently. >> joey jackson hln legal analyst and patrice. good to have you both. breaking details surfacing in the capture of one of those escaped killers in northern new york. what we're learning about

richard matt and his condition right before he was shot and killed by police. the supreme court's historical same-sex marriage ruling not being followed in some places. a couple attempted to mary after 14 years together but they were turned away. hey pal? you ready?

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drunk. this is coming as the search for matt's fellow escapee intensifies. polo sandoval joins me now from northern new york. the buffalo news says that richard matt may have consumed bad food or bad water. understandable since he's really got few resources, we understand. >> reporter: that could answer that key question of how were these two escapees able to manage and survive for three weeks before that deadly confrontation with richard matt on friday. now, again, as you mentioned that newspaper reporting that richard matt was likely not only sick but possibly even intoxicated at the time of that deadly confrontation with federal agents on friday. as we wait to learn more about that autopsy and wait to see if those results confirm reports, i can tell you that the situation here on the ground is really deteriorating, going from bad to

worse. it's very uncomfortable for us. you could imagine what it's like for policemaning t manning the checkpoints and police trekking around the dangerous terrain trying to find david sweat. any evidence that ties sweat to this area came last weekend when evidence was recovered from a cabin where they were able to tie his dna to that location. there haven't been any positive or confirmed sightings of david sweat. so now the question is was he here at the time his left-hand lane alleged accomplice was gunned down.

>> let's bring in james reese. thank you so much for being with us. you are a trained human tracker. you got your expertise at a tracking school. if matt was sick, would you also assume that sweat could be suffering in some way as well? >> yes. there's a great possibility, especially if they were traveling together. people who are on the run, you know, psychologically they start to panic and they start to lose their sense of right and wrong. what i mean by right and wrong is making the right decision making out there to elude law enforcement. and like we said in the report, they start running out of provisions and food, they start to drink from the stream and someone gets a gastrointestinal disease and get sick. that could absolutely be -- or just because they get wore out

and someone catches the flu and they're close to each other. that could be a reason why they might have split. one becomes weaker, one becomes stronger. and the stronger one just decides that the weaker partner is slowing him down and he literally just leaves him for prey for the law enforcement and begins his movement without the weaker element. >> and we should point out we do not know when they may have split up if that was the case. but help us understand as searchers out there, what specifically are they looking for? because there has been no sighting of him. >> it's not just one golden nugget for tracking. it's several aspects that happen. in today's world of technology, the tracking tools that could be used out there and the tools from hundreds years ago watching

and looking can help those trackers do it. what i like right now is the weather has changed. that's great for the trackers, because the waeather has change. that helps with the people that are fleeing. they're making mistakes. there's disruption in the terrain. there's elements to look at for the trackers. also for the thermal imagery and other types of imagery that law enforcement can use right now. that difference in the temperature and grade can really help bring out those different elements to focus in on these 22 miles they're looking at right now. >> thank you. well, all over the country this weekend there are gay pride celebrations after the decision from the u.s. supreme court deciding that the ban on

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20 minutes to the top of the hour now. this weekend all over the

country there are gay pride celebrations that are happening. but they became more special after the supreme court rules that bans on gay marriage are unconstitutional. on friday there was a rush to get marriage licenses. you're looking at pictures from texas, a few from ohio, georgia, kentucky as well. some of the couples have waited decades to be legally wed. first in line to get married for early benjam earl benjamin and michael robinson. the excitement turned to tieear and frustration when the couple was told they still could not get married in their home state. they are joining us now. good to have both of you with us. >> good morning. >> thank you. >> let's start with the story you were told. initially i understand it wasn't

the governor's reflection on the high court's decision. it has something to do with the form saying bride and good morning. explain what happened initially. >> initially i started filling out the form bright and early that morning. i was first in line before any couple. and it was very frustrating at the very beginning at the top of the day. i was thrown by the fact that the forms had not been changed. i felt as if everyone around the country knew the possibility of this happening. so i was struck and found it odd and it was a bit disheartening to see that the forms had not been changed and that gave me some kind of sign that maybe they weren't going to be prepared for this today. >> and the wait went on hour after hour. we understand four hours until you learned from a spokesperson

there that despite the supreme court's ruling governor jindal would not allow same-sex marriages until the supreme court ruled on the same-sex marriage ban. and before you heard that there were celebrations and you were told not today. what did you feel? >> we kind of saw it coming probably about 30 minutes before it actually happened. but i didn't know i was going to feel that emotional. but i felt very emotional. i was upset. and as michael stated earlier, it was a sad moment. here you have been told this morning -- that morning that we have the right to marry one another and validate our love. we are there. we are seeing our fellow louisianan's come out and con

garageulati -- congratulate us. one thing that made me hopeful -- and i think it's important for people to know this is that all of the couples which came in. they were diverse. they were young, old, african american, asian. they all congratulates us and told us to stick in there and they were all excited. i think the supreme court has made a decision and i think the country is fiaivorable of this decision and it's time to move on. the supreme court did not say 25 days, 24 hours or two weeks. it should be marriage equality now in louisiana. >> this is from governor bobby jindal who is now running for president. he said marriage between a man and a woman was established by god and no earthly court can alter that. the decision will pave the way for an all-out assault against

the religious freedom rights of skr christians. what do you want to say to governor bobby jindal? >> i believe that people have the right to feel the way they believe. i believe in religious freedom even. but i do believe that where one person's rights end at the other person's nose. i feel that to be fair and equal and to just have equal rights for all citizens, that it's imper ative that we look at the civil rights of gays and less beans -- lesbians across the country. so while i'm not against anyone -- i'm a believer myself. i'm a christian and i believe in god.

and i believe that this is what my god wants for me. i know that a lot of people may not be able to accept that. but just the way that i respect their opinion about marriage equality for gays and lesbians, i feel that our civil rights are being violated and we should be respected as well. >> we're hearing the fight coming from not only the governor of louisiana. to be fair, we have to say it's coming from mississippi, texas, other states as well. i thank you for sharing your story with us and i wish you very well. congratulations on whenever the new actu nuptials happen. >> elizabeth cohen is bringing us the latest next.

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own investigation and a mortality from 2011 to 2013 was three times the national average. here's our cnn senior medical correspondent elizabeth cohen. dave very ricardo brando. dave very was born with a severe heart defect, his mother says. instead of having two main blood vessels coming out of his heart, davy had only one. nationally 90% of babies survive the surgery to correct this defect. davy's surgery in march didn't go as well as expected, his mother says, and so he had a second surgery later that month. in april, st. mary's medical center told us the patient is recovering well, and the prognosis is good. it's not known why davy died. what we do know is this, last year an expert panel sent in by the state of florida reviewed the st. mary's program. the head of the team, dr. jeffrey jacobs, advised st. mary's to stop doing heart

surgery on baby's like davy under six months old. but st. mary's continued, saying that was just a recommendation, not a mandate. davy's now the 9th baby to die after heart surgery at st. mary's since the program started at the end of 2011. >> my goodness, joining us to talk about this our senior medical correspondent elizabeth cohen obviously now elizabeth as i understand it this is the second investigation into the -- into the hospital? >> right. the center for medicare and medicaid services is also looking into this program. now that's a part of the federal government. getting an investigation by cms, or by the joint commission, which is an independent accrediting group, these two -- these are heavy hitters. it is a big deal to have evaluations from these groups. >> how long do they usually take? >> it can take a long time. i mean, it can take months. so these are not done quickly. they're done very carefully. >> have you talked to any of the families? i mean are they getting any sort of relief? what are they telling you

about -- i mean most people watch them, i just can't imagine losing a child. >> these are families who are grief stricken, families who've been through a lot of difficulties and what they told me is we're glad that someone's looking into this. because for them, in their eyes, something went wrong at this hospital. and they want to know what happened. >> and real quickly, we've talked about this but i just want to reiterate this point, that you go in to a hospital and and you just assume that everybody is trustworthy, right? but there is some work that we need to do as patients before we agree to something like this. >> right. when you're taking your child in for a specific procedure, you can ask, and you should ask, show me your data. show me your statistics. so many hospitals that do these kinds of pediatric open heart surgeries, they will put their statistics out there on their websites. st. mary's, when these parents were looking, they didn't. so they had no idea. what's the mortality rate? how often do they do these surgeries? so that's an important thing for parents to ask, show me the data. >> okay.

all right. so good to know. elizabeth cohen, thank you so much. great work there. victor? >> the confederate flag now extends to sports. we'll talk about that in just a moment. they're custom made trains.

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all righty. here's a look at some of the other stories making headlines now. in charleston, south carolina, hundreds of people are expected to attend the funeral of reverend depayne middleton-doctor later today. myra thompson's funeral set for tomorrow evening. and funeral plans for the last victim, reverend daniel simmons sr. have not yet been announced. look at this. video of a helicopter hoisting people out of water. police say a boat carrying nine people was swept over a dam near the town of new market, maryland. one person drowned, and the other eight, they barely made it out alive. last hour we asked if you if fans of nascar, rather, should get on board with a plan to ban the confederate flag from the racetrack. >> coy wire is back with your reaction. i'm seeing so much of it on twitter. >> great reaction from you guys.

nascar chairman brian france said the flag is a quote offensive and divisive symbol and released a statement supporting the removal of the confederate flag from south carolina state house and they're reaffirming their stance against the use of the flag at their events. now nascar has banned the use of the flag at their events for more than a decade but it still found its way into events. nascar has taken strong stances against the flag in the past like in 2012 when it banned pro golfer bubba watson's plan to drive the dukes of hazzard car at the track in phoenix because the car has the confederate flag on its roof. now we love when you our "new day" family joins us in the conversation. being a hot button topic there was mixed reaction. zack said nascar wants to ban the flag? quit saying a prerace prayer because it might offend an athei atheist. how about chandler, it may be banned but that won't stop people finding ways to bring it in and showing their southern pride. this may be the quote of the day. jesse jones nascar is for racing, not racism. lose the confederate flag. and finally, suzy said it's the

principle. what's next? reverse our history? flags should remain. hot topic. conversation for sure guys but thanks as always for joining us in the conversation. #newdaycnn. or @cnn. >> we want to know what you think. >> coy, thank you so much. and thank you so much for starting your morning with us. >> "new day" continues right now. breaking new details on the condition of escapee richard matt just moments before he was shot and killed by police. >> as weather conditions make the search for his partner in crime so much more difficult this morning. but also you would think difficult for him to try to survive out there, as well. i'm christi paul. >> welcome to your sunday, i'm victor blackwell. >> we want to begin in northern new york. details breaking about the death of richard matt. buffalo news reporting matt may have beenru