her foot in the french government. we'll see if she can do it today. >> thank you very much. i'm michael smerconish. we have a great program plan. a computer image of this little girl found dead two weeks ago in boston garnering millions of views. we'll take a look at the growing mystery of baby doe. plus a man is brutally murdered in broad daylight on a metro train in d.c. as almost a dozen stood by and watched. should they have done more to stop the killer? and i'll give my take on bill cosby and the court documents released by a judge this week. i'm glad that cosby is outed but i'm questioning the process. but first, i want to drill down on what i consider to be

the biggest story of the week. the impact that one man is having on the 2016 cycle. and that man is donald trump. last night he stood with families whose loved ones were killed by illegal immigrants. >> the folks were telling me something that was incredible. whenever hears that it was an illegal who was involved with the death of their children if he comes politically correct for a politician to help them. that's how messed up our nation is. >> the reality is that the outcome of the 2016 election is being determined right now. and by the remarks of mr. trump. how his fellow republican candidates react to trump's more insaid ware comments will

ia. in 2016 the republican candidate cannot win without increasing the share of the nonwhite vote received by both mitt romney and john mccain in the most recent presidential elections. how can mr. trump possibly do that? his views may enliven the base but not a growth strategy for the gop. yesterday i asked callers if these were their thoughts. >> trump is becoming a more accurate mirror of the republican base. and i as a moderate republican can get frus rated with that

because i think that it's something that the republican party has fed. you can't it has fed increasingly over the last few years, they have tried to benefit from it. you can't live in talk radio, facebook bumper sticker type world and take advantage of that to attack democratic candidates and then complain when a republican candidate for president uses the same strategies and the same arguments and the same issues to attack other republicans. >> while alienating independents who gallop reports now comprise 43% of the country. of course there's another concern for the grand ole party. if they push trump too far, he could run as a third party candidate. and do to jeb bush what was done to george herbert walker bush in

1992 to syphon votes, giving donald the trump card. here's michael cohen, the executive vice president of the trump organization and special counsel to donald trump. michael, thank you for being here. you heard my critique the floor is yours to respond. i hope you tell me how you believe believe. >> donald trump is not somebody who is going to cow-tail to anyone. right now he's leading the polls. and if he's not leading the poll in a specific state, in all fairness he's number two. and he'll be on the stage for the debate and have his voice horde heard. >> i agree with mr. trump that the fact that the man who apparently murdered this woman was able to break into the

united states. i think the number is five times proof of our problem with poorest conditions at the border but here's the wish shoe. i tried to distort some of the facts. "the washington post" in looking at his public statements. if you have fact checkers out there saying he's not telling it straight. >> he is speaking from the heart and is speaking straight. the politicians go ahead and have polls in order to see whatever they are going to say, seeing if it will poll well and create a speech based upon that. and it is not going to help the country or policy. have he wants to put people back to work and find companies who find it economically benefit to

leave the coup troy come back. it's country needs -- there are two parts. first what donald trump said was not meant to mexicans. that's distortion by the media trying to take donald trump out of the race. he did not say mexicans or latinos. e the said mexico and was referring to the mexican government. then what he did on probably more than 10,000 speeches and meetings with both liberal media as well as those in television he went on to explain exactly what happened. that's the mexican government not mexicans.

so he put up explanations but they still don't want to hear it. michael trump doesn't back down to nip. >> michael, i want to get to that too. i don't consider myself part of a liberal media, but i just want to get to the facts. and the facts suggest proportionately those here in this country illegally are committing less crime than native-born americans. that's what "the washington post" was getting to when they called out american heritage. >> tell that to the parents of the little girl here who was killed. this is not an issue about one person, but in in all fair nessness this is a time for immigration reform. and that's something mr. trump feels strongly about. >> you referenced the quote from

donald trump. let's listen to this. >> you will leave out what i actually said which you always do because the press, in many cases, is very very dishonest. >> michael, is he too thin skinned to be president? he lets no criticism go unpunished. i have to tell you a year ago when i started with cnn and gave him a passion inging and he would let people attack him without attacking back. >> that's his nature. that's the kind of person he is. >> there is a difference between

fact-backed and fact-based. have you compared these two? >> in compareson to his net worth of $8 billion it's small potatoes to donald trump. his goal is to make america great again and he's willing to act sri suffice the dollars sponsors decided to walk away from mr. trump. and reince priebus called mr. trump telling him to tone it down. i heard you facilitated that call and listened in. did he tell him that he would call it down?

tell me what was said. as counsel to mr. trump, it's different as it's a conversation between my client and the chairman. so i want to tread light lyly under the latest information. trump is leading in the polls and the gop is actively looking to create a better relationship with the latino community and that he should just take that into consideration. listen i'm going to be honest these comments got us into

trouble from the media. donald trump has a great relationship with the latinos. this is all being sponsored by groups that want to create something for themselves. eventually the latino community who are -- his grandfather came from germany. his current wife from slovenia. he's not anti-immigrant. donald trump wants immigration. it's what created this country to be the wonderful country that we are. what he doesn't want is legal it's better for the -- >> would he run as a third party

candidate? >> why would he think about it? >> i'm unaware of any patrol showing him to be the frontrunner. the national surveys i have seen put him in the 7th position. not bad, he's in the top ten. which poll is he leading? >> well, take a look just for example, the one that came out on thursday. the economist has him leading in the national poll. >> i'm going to look it up. michael cohen, i'm appreciative you would be here. next time send your boss. >> it's a pleasure. i sure will. right now he's busy on the trail. i understand. next governor george pataki hasn't been afraid to call out trump on his back remarks. governor you were the first of the republican can'ts towho have made

comments like this. and yet he seems to be gaining traction. why? >> there's frustration about illegal immigration and we have to control the border. and the fact that so many illegals who have been or committed crimes have been released from detention. there is a great many of americans who want us to seal the border and deal aggressively with criminal aliens. and i do too, michael. >> you have confronted donald trump. do you think jeb bush will rue the day to the extent that governor pataki has? >> you are the political

experts. i was never looking for a fight with donald trump but will defend people wrongly attacked. in this case mexicans. >> i am proud to stand with donald trump. i like him and respect him. let me point out, there's a reason why so many 2016 republican candidates are attacking trump. because they have not been speaking out on the need to secure the border. many of the 2016 candidates have been vocal candidates of amnesty that only increases immigration. i think we need to stand with legal immigrants. >> governor patani are you worth the path of citizenship to the 11 million who are here illegally? >> i am here for a path of legal status to a resident of america. and i've outlined that and

outlined it for some. and i would like so many of my relatives to know -- i thought this was a direct attack on mexicans. i believe it was that way and that's the part that i reject. >> less than a month the republican candidates will gather on the stage of or in ohio. >> are you frustrated about the way this is shaping up? >> well, sure i am. inl i believe i have a lot of ideas on how to bring about more on

this. i'm going to do my best to get the message out to people. >> do you worry about donald trump running as a third party candidate. i think the cycle was '92. >> no i don't worry about that. listen i had third party candidates and 3 million more democrats. whatever we do we want to empower the people. we don't worry about who is running for what. you worry about your message, your ability to inspire the american people. and i know i can do that michael. >> governor pataki thank you so

much. coming up one week ago today will the so-called bystander effect -- we learned of the stunning admission of bill cosby while under oath. but was the judge's decision to release his information legal lyly right? we'll debate it.

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welcome back. what would you do if you saw somebody being brutally murdered on a commuter train? would you step in? not any of the dozen witnesses on a subway car confronted the guy killing 24-year-old kevin sutherland. he was being repeatedly stomped and kicked in the head. nobody stopped him. would you? i want to explore the psychology of the bystander effect. joining me is psychologist dr.

gail salts. >> people have to understand there's diffusion of responsibility. and multiple studies have shown when you are in a group, you are much must have less likely to take any action in an emergency situation because you believe that either other people will people related to the victim will or other people aren't and shouldn't. you feel embarrassment at stepping out of the group, all things social factors that impedes your ability in a way. it is not and think, it's coward ess. if you are alone, you are 85% to step in. if you are in four or more of a group, you are 31% likely. >> okay. so it's group think. in lay terms that i can understand. >> yes. >> what if one person among the 10 to 12 witnesses decided he or she would get involved. would the others follow?

>> if one person does it affects the group and then others are more-likely to step in yes. that one person took reaction will increase the reaction to other bystanders to also step in. >> is it something to the way we are wired? is this innate whether we do or do not get involved? >> it is. and there's probably an evolutionary reason why we tend to work with the group. and in pro social situations like stepping in in an emergency, it can help if somebody does but it also can us to do neg something wrong. >> a lot of criticism of the people not involved. i want to show you something from "the federalist."

he makes a compareson. tell me if this is far. morally the choice facing the passengers on that subway car on july 4 was non different than the one facing the united 93 passengers on 9/11. it doesn't matter if it's one life or one thousand. fair? >> not really. in an emergency situation there's also the social immediate assessment of the danger to youerer us have the reward to you. so when a group has time on they did on that flight and to organize it as a you. somehow you're having a conversation as you brought up earlier, one person saying we need to do something and affects the rest of the group. but in the immediate this person could be a threat to themselves. i don't know that victim and therefore you are less likely to do something. i don't think they are exactly comparable.

>> i want to ask about gender. what if the victim in this case was a female? do you think the response would have been different than what it was? >> it is hard to say. but people who have had some past experience that would motivate them. someone standing in the crowd domestic domestically may do something differently. it will make a difference on the psychological impact on the group. group. that is the expectation of the group. someone who is related somehow to this victim will step in. actually that is true. >> i did this on the radio yesterday and pointed out the perpetrator in this case was 5'5" 150, not a big guy. and i'm the first to say, i hope i get involved but i have no idea if i would get involved.

i don't think you would know until you were confronted with the circumstances. >> i think people are running in and believing it. just can't know because of the psychological of what you think would happen but repeatedly has been shown in studies just to be the case. the fact that this was a 5'5" man is meaningless. and people understand what a weapon can do. >> and apparently all drugged up and obviously prepared to do. >> and let me say, 30 to 40 stab wounds is not a person making a calculated -- i robbed someone, i took them out and tried to leave. this is someone who seemed completely out of control and that would add a fear or panic. >> we took more time to discuss this than it took to transpire. three minutes, it was over. >> these are instant connections. very primitive responses and

people cannot assess these later, they simply cannot. coming up bill cosby's stunning admission revealed in decade old court papers. was the snunlg right to out cosby and release the documents? i'll debate that with reeva martin. and you have probably seen this computer image of baby doe. police are asking the public for help trying to identify her. we'll have the latest on that investigation. listen up team i brought in some protein to help rearrange the fridge and get us energized! i'm new ensure active high protein. i help you recharge with nutritious energy and strength to keep you active. come on pear it's only a half gallon. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. all in 160 calories. ensure. take life in.

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welcome back. this week we heard about the bombshell admission from median bill cosby. in court documents dating back ten years, cosby said he was given sedatives to give to women

he wanted to sleep with. it was a moral crusader for the judge to release those documents. he cited the 2004 poundcake speech in which the comedian talked to many parents about bad parents and inexplicable crime. take a listen to that speech. >> where were you when he was 18 and how come you don't know he had a pistol? these are not -- these are not political criminals. these are people going around and stealing coca-cola. people getting shot in the back of the head over a piece of pound cake. and then we all run out and say, the cops shouldn't have shot

him. what the hell was he doing with the pound cake in his hand? >> i'm glad that cosby's accusers have been validated. but i question the decision to release that information that was sealed. joining me is legal affairs commentator areeva martin. we both read the 25-page opinion. give me your take. >> i think the judge got it right, michael. i think the judge is absolutely correct that cosby couldn't have it both ways. he entered the public moral array. as he went on this tour blasting african-americans really for, in many cases, being a public figure. now you have a public figure with issues that there is a great reason here.

>> here's the opinion that i find to be most to my point. this case however, is not about defendant's status as a public person by virtue of the exercise of his trade as a televised or comedic personality, rather defendant has donned the mantle of public moralist and mounted the proverbial electronic or print soap box to volunteer his views on among other things childrearing family life education and crime." what does that have to do with women that apparently have this validation are accusing him of parenting? >> it matters the platform. the platform that cosby was given, the platform that he used to interject himself into this larger discussion about

african-americans and the lifestyle. one thing, michael, you have to talk about is that you haven't told the other five of the story. they said look judge, this information is going to embarrass bill cosby. that's not a compelling legal reason not to make this information public. and if there is a request for that information after two years, the party has to come forward with a compelling argument not to disclose the information. i would be embarrassed. that's not a valid argument for a judge not to disclose information. >> well, this happens to be the jurisdiction in which i have practiced. by the way, this judge is a terrific judge by all accounts. i'm just as an attorney troubled by the precedent that has been set here. because what if you have a priest a television commentator

making pronouncements of how people should live their lives. and all of a sudden something in their closet gives rise to something that could be outed. even if it is not an apples to apples compareson. i'm thrilled cosby was outed in this case for the benefit of the two dozen women. >> but i don't think you can get away from the public nature of what he did. and anyone that thrusts themselves into the public limelight, whether it's a political candidate, whether it's a commentator on social issues that's a part of the job. it comes with the territory. then you can't say, wait a minute legal system i'm a private person and want my -- bill cosby because he's a comedian there's a clear

distinction that we have to give the judge a lot of credit for. >> i'm not going to win you over. but i'm going to take one more shot at it. you ready? bill cosby in this case paid money to make this case go away. and part and parcel as you know of the conventional settlement is that these sort of documents would remain private. and now here comes the judge saying well, you gave that interview to don lemon, that was something cited in one of the footnotes. you gave that interview to don lemon and you talked about the african-american community needing in some respects to clean up its act. therefore, i think i'm going to release this information about the sexual inproprieties. to me it's a disconnect. >> but michael, what about a kid -- the judge gave cosby the opportunity. it is not as if the judge went in and said look. you gave the interviews. i don't like the comment you're in. come forward and give me a legal compelling information and

argument why this information shouldn't be disclosed. this is information about drugs, rape and sexual assault. the head of the cosby team, giving the judge more to work with we could see a different outcome. >> i did say three times. now we know this information. thank you. >> you said that. >> areeva martin. millions have now seen her face but nobody has come forward to claim baby doe. now new details in the investigation. also a quadriplegic man fired from his job for using medical marijuana. now he's fighting to convince lawmakers to protect his medical needs. you'll want to hear this story. . y fixodent plus true feel. the smooth formula helps keep dentures in place. it's free of flavors and colorants,

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a plastic bundle and called police. investigators found the child's body here wrapped in a black plastic garbage bag just discarded like a piece of trash resting along the rocks here. this is deer island just east of boston's logan airport there. you can get here by car or by boat. authorities don't have a clue who the child is so they are calling her simply baby doe. they also don't know who put her here or when. but they suspect she hadn't been dead for long. a makeshift memorial with teddy bears now sits by the shore. how disturbed are you by this discovery here? >> absolutely disturbed. you know it's just a little kid. never had a chance in this world, you know? it's terrible. >> reporter: the national center for missing and exploited children generated this computer image of what she may look like. long brown hair sweet chubby cheeks and big brown eyes. heartbreaking and haunting. whoever left her here may have

done so after dark to avoid being seen. deer island is a busy place. it's a popular spot for biking for jogging and even for fishing. and there's also a big water treatment facility here with a lot of people going in and out. >> i grew up here. and what if it's a kidnapped kid, you know what i mean? >> reporter: baby doe is 3 1/2 feet tall weighing 30 pounds. investigators believe she's 4 years old, willlikely hispanic or cause caution. in this computer image she's wearing earrings so someone took the time to get her ears pierced. authorities don't have much to go on but did release pictures of some of the evidence. a zebra blanket found with her and polka dot leggings she was wearing. they hope it will jog someone's memory. this photo along the path near the shore may help someone remember too. >> the sad part is that somebody has to know this child but nobody's come forward.

that's the sad part about it. >> reporter: authorities were looking to see if baby doe might be one of a handle of high-profile girls missing elsewhere, but so far those from west virginia florida, maine and mexico have all been ruled out. on the state police facebook page the little girl's image has been viewed more than 51 million times. but still her name remains a mystery along with how she died. no visible signs of trauma on her body. randi kaye cnn, winthrop massachusetts. coming up you'll meet a disabled colorado man fired for medical marijuana use despite its legality. can employers still fire employees for smoking pot even in states where it's legal? he took his case to the colorado supreme court and i'm about to tell you what happened. when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize

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welcome back. brandon coates has been a quadriplegic since he was in a car accident in 2009. he was drug tested at work and tested positive for marijuana even though he disclosed his marijuana use to his employer and explained the need. but nevertheless he was fired. coates sued his former employer and lost although colorado law permits the use of medical marijuana, pot remains illegal under federal law.

and so the colorado supreme court recently found that dish network, a national employer with a zero tolerance drug policy acted legally when it fired brandon. brandon coates is joining me now. brandon, do you think smoking pot made you a better employee? >> i would say that it made me a better employee. if i don't smoke marijuana, i get like debilitating muscle spasms. . . . . the messages between my lower body and my brain, they don't get sent through. so when my body sends a message to my brain, it gets sent back and makes my muscles spasm intensely. they flex as hard as they can. it just doesn't stop after that. it goes on and on and on.

i would be spasming 24 hours a day, seven days a week. i get nauseous and hot. it doesn't make it so i can't work. it enhances my ability to work. >> it would have made it much more difficult for you to carry out your job responsibilities at dish if you couldn't smoke pot. again, i want to underscore on your own time. >> i was never intoxicated at work. i did it in the evening on my own time. i would smoke some marijuana, be intoxicated for 20 30 minutes. it was gone after that. i would wake up the next day, go to work perfectly sober i was never intoxicated at work. i was always getting 100% qas, good job reviews. i have never had bad ones or a writeup, nothing like that. >> fair to say, you played by the state rules. you did everything by the book had the card.

you were registered. when dish came to you and said here is a random drug test you said, i'm not going to pass this thing, because i'm legally smoking pot. >> that's right. i went into work one day. my supervisor came up to me and he was like they want to talk to you in human resources. i go up to human resources and there was a sign, that said, random drug test. i told her i'm not going to pass this test. she goes i just work here. she did a mouth swab. after that, i went home two days later. i didn't pass. i knew i wasn't going to. so i went into my how man resource office and talked to the manager and let her know i smoke medical marijuana. i have a red card a medical marijuana card. she said we have never had this come up before. she said we are going to dlib brat and talk to people who were

higher up and get back to you. they let me work and got the reviews from my man skrirs and supervisors and met with me and asked me different questions. after two weeks, i come in on a monday and go to swipe my card and the door wouldn't open. there was a security guard there. they let me know in human resources they were going to terminate my employment. >> i would be a hypocrite if i weren't on your side. ien joy i enjoy a martini at night. this is like cnn says you can't have a martini at happy hour and come and host our television program. what would you say to someone who says look an employer has the right to determine and set the rules for their work force. if you don't like it you ought to work somewhere else. >> well what i would say is

one of the places like you said you could go home and have a drink. in my view or from my experience, alcohol is much more intoxicating than marijuana. if i have too much alcohol, i can't function. if i have -- the more and more marijuana i smoke, the bigger my headache gets if i smoke too much. i smoke a little bit. it alleviates my spasms and i'm able to function for the rest of the day. in my view why would we pass a law saying that we could smoke medical marijuana and at the same time say, if you need this medicine, you can use it but, guess what if you do use it you can't work. i don't know how many states have medical marijuana now. i know it is a lot zlot. >> 23. >> that means there is hundreds and hundreds of thousands or more than 1 million that have a medical marijuana card and use medical marijuana.

that would say all these couple million people or however many it is you can't work. >> here is the way i look at it. brandon coats was fired for taking his medicine. that's how i would sum it up. >> that's what i would say too. >> brandon coats, thank you so much for being here and good luck to you. >> thank you very much and thanks for having me on. >> a lot of support for him andin the twitter verse. i can tell you. a professional golfer have in common? we talked to our doctors about treatment with xarelto®. xarelto® is proven to treat and help reduce the risk of dvt and pe blood clots. xarelto® has also been proven to reduce the risk of stroke in people with afib, not caused by a heart valve problem. for people with afib currently well managed on warfarin, there is limited information on how xarelto® and warfarin compare in reducing the risk of stroke. i tried warfarin before, but the blood testing routine and dietary restrictions had me off my game. not this time. not with xarelto®. i'll have another arnold palmer. make mine a kevin nealon. really, brian?

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my name is jeff richardson the vice president of operations here at c.k. mondavi. to make this fine wine it takes a lot of energy. pg&e is the energy expert. we reached out to pg&e to become more efficient. my job is basically to help them achieve their goals around sustainability and really to keep their overhead low. solar and energy efficiency are all core values of pg&e. they've given us the tools that we need to become more efficient and bottom line save more money. together, we're building a better california. ♪ whoa what are you doing? putting on a movie. i'm trying to watch the game here. look i need this right now ok? come on i don't want to watch that. too bad this is happening. fine, what if i just put up the x1 sports app right here. ah jeez it's so close. he just loves her so much. do it. come on. do it. come on! yes!

awww, yes! that is what i'm talking about. baby. call and upgrade to get x1 today. ♪ every week i end the show by saying you can follow me on twitter if you can spell smerconish. i tweeted out just before the pot segment when jay, my floor manager, said this commercial break is 4:20 long. now, they are calling me a pothead. i'm a martini guy. i'll see you next week. happening now, the pope delivers mass to massive crowds

in uruguay. donald trump scheduled to speak to a massive crowd in arizona. it is so large, this crowd expected to be that organizers had to change it to the convention center because of the amount of people expected to turn out. another fsu player in big trouble for allegedly hitting a woman several times. this is the second time in less than a week. what is going on? we wish you a good morning. we are so grateful to have you with us. i'm christi paul. >> i'm victor blackwell. 10:00 on the east coast, 7:00 out west. this is "cnn newsroom" we want to begin in paraguay. thousands are gathering near the shrine of the virgin miracles to hear pope francis speak. earlier this