hancock, he's a loser. hey! what kind of a loser needs to put his name in giant letters on everything. >> reporter: jeanne moos cnn, new york. >> and you know who is not a loser? "ac360" starts now. good evening. thank you for joining us. a lot of breaking news to bring you. we now know which republicans made the cut for the first presidential debate. there is also uproar over a comment jeb bush made. and we begin tonight with senior political correspondent jeff who has the latest on that. so tell me about this poll. bernie sanders gaining ground on hillary clinton in new hampshire specifically. >> he is indeed. he is chipping away at hillary clinton's lead. this new poll shows that clinton holds only a 6-point lead over sanders. 42% to 36%. now it is the closest of any survey yet so far in this

campaign. he of course is from neighboring vermont and he spent so much time campaigning for the new hampshire primary. it is clear his liberal and populist message is resonating with a lot of democratic voters. it is important to note she is still viewed favorably by 72% of democratic primary voters there so they could just be listening to bernie sanders for now. >> how is her campaign dealing with this? >> well hillary clinton has said again and again that she expected a tough contest. i'm not sure she expected to be this tough so soon. polls like this simply fuel conversation about vice president biden. perhaps other democrats jumping in to this campaign. so this is why the clinton campaign started running the ads today in iowa and new hampshire. $2 million worth, trying to remind voters of her life story and her campaign message. she is also going after republicans much more aggressively trying to show democrats that she is actually a fighter. but it is really unclear if all

of that will be enough or if they'll have to do more retooling. her likability and trust remain very troubling issues. they're trying to look at this and see if they can repair this. >> and still no word yet on joe biden. >> no word on joe biden. i talked on call. his advisers. he had lunch with the president this afternoon and they talked about it. they said, look he is going to think about this for the next month and not have any decision until at least probably late september. >> all right. thanks vex. now the republicans, which ten are ready for prime time in cleveland thursday night in the season's first debate. here they are. chosen by and seated by performance in the polls. the rest will debate earlier before prime time. rick perry, rick santorum bobby jindal carly fiorina.

a top pick could decide no, exaggeration, who becomes the next president. one that will likely come in that debate this week. name will you how women voters especially general election voters view the gop. speaking at an evangelical forum late today, jeb bush talked about stripping the public funding. activists posed as fetal tissue buyers. here's what governor bush said today. >> we should. the next president should defund planned parenthood. >> that got app applause. this on the other hand caused a stir. >> you can take dollar for dollar although i'm not sure we need a half billion dollars for women's health issues, if you took dollar for dollar there are many extraordinarily fine organizations, community health organizations that exist, federally sponsored community health organizations to provide

quality care for women on a wade variety of health issues. >> so he's saying, if you took dollar for dollar the $500 million being given to planned parenthood could you give to it other groups. he also said i'm not sure we need half a billion for women's health issues. that set off a storm, almost immediately putting out a statement saying with regard to women's health funneling broadly, i misspoke. there are countless community health centers, rural clinics and other women's health organizations that need to be fully funded. all of this drawing a sharp response especially from hillary clinton. tweeting about the $500 million and saying you are absolutely unequially wrong. a campaign aide tweeting, will any gop aerocome out about his comments or will they stay silent because they agree. talking to conservative radio host hue hewitt after

republicans tried to do just, that he called for something more extreme. >> the only way to get rid of planned parenthood money for selling off baby parts is to shut the government down in september. would you support that? >> i can tell you, i would. i was also in support. if the republicans stuck together you could have done with it obamacare also. >> again, neither his views nor jeb bush's are in the least bit controversial among republicans during a primary campaign. the bigger question would be what about the general election and are republicans on the way to ailen it aing the republicans the way it did in the last election? or is it simply too early in the process. john king joins me now. you've been crunching all the numbers. >> let's start with the first audience. let's start by looking at republican voters. then we'll get to the question of a general election. on the issue of defunding planned parenthood they're on sea safe ground. these are just women. 57% of democratic women have a

favorable view of planned parenthood but only 19% of republican women have a favorable view of planned parenthood. what about the question of defunding? only 22% of democrats say defund planned parenthood. democratic women. look at this number. 67%, two-thirds of republican women say go ahead and defund plarnl. so governor bush mr. trump original relatively safe ground there. at the moment in the crowded field if you look at the horse race numbers, they're both doing okay among women. 24% of republican women support donald trump in the latest fox news poll out today. and we've looked at national polls. that's a consistent number. he tends to get more support from men. jeb bush gets 15% from republican women of he is second. so if you look within the republican electorate. the key point is if one of them is the nominee, is it a different audience in the general election? >> what do we know about that? how does it play out against,

say, hillary? >> has the very damaging number for donald trump. among all women in the electorate 62% of women have an unfavorable opinion of donald trump at the moment. hard to win a presidency if the majority of voters are women. if more than 6 in 10 don't like you. 41% of women nationally all women say they have an unfavorable view of jeb bush. hillary clinton beats jeb bush by 15 points among women. he would need to get that down into the probably high single digits at least down to 10% to be competitive. clinton versus bush. a 15-point gender gap. almost twice as high. donald trump loses to women by 28 points among women. no way you win the white house with a gender gap like that. >> katrina pearson, a donald trump supporter and mary lynn garcia, a form he member of the

new hampshire state legislature. and a jeb bush report he a friend of marco rubio. how big of a problem is this for jeb bush? his comments today, his campaign basically put out two press releases in short order to try to clear it up. >> well first of all, i was very happy to see them clarify it. for him to say that he misspoke. this is nothing new for jeb and i think there is going to be a stark contrast if he's the nominee between him and hillary clinton. jeb bush has been all his life a pro-lifer. he is against funding of abortions with taxpayer money. he defunded planned parenthood in florida and that is what his stance is. and i think he is proud of it and ready to defend it. he also has a very strong record with women's health. he started an initiative on breast cancer in florida. it was named after his, mary

brogan a very lovely woman i had the privilege of knowing who was the wife of his lieutenant governor frank brogan who passed away from cancer of he funded crisis pregnancy centers. he mrs. spoke. it is going to happen. it will happen to every candidate. i'm glaed cleaned it up and that he admitted he misspoke. >> do you think jeb bush should be clarifying what he said? would donald trump clarify or just move ahead regardless of what hillary clinton said? >> absolutely not. the thing about donald trump and senator ted cruz they say what they mean. there is no reason to go back and fix things. what my colleague left out about his position on abortion is maybe he is not supportive of taxpayers dollars going to planned parenthood but he sat on a board for five years of an initiative that spent $50 million globally to reduce abortion restrictions rights around the world. and i think that's important.

>> anna do you think that's a liability for him? >> i don't. i think he has an incredibly strong record. i live in florida. i'm a floridian. i can tell you that he pushed adoption over abortion a lot while he was governor. it was really a big part of his governorship. people know that he stands for life. whether you're talking about the unborn or terry schiavo. so i don't think his record is anything that is chopped liver. they're going to have a hard time coming at him on that issue. >> here's the thing, more importantly, we're talking about right now. what is happening right now? jeb bush is doing exactly what the base is tired of. he is paneledering making the headlines, did he isn't going to do anything. when asked about what he would do do he walked around it.

>> he did just say today, he doesn't want funding for planned parenthood. >> that's what he said. they always say. that there is always rhetoric to fundraise but never any action behind it. >> well i mean -- >> unlike senator -- >> right. with all due respect, every single candidate is full of rhetoric and says things they won't end up doing. >> well i think senator cruz his rhetoric matches actions. >> could this remark end up hurting -- >> may i say this though? >> go ahead. >> i think -- >> sorry. we'll come back to you. do you think this could end up hurting with moderate women? it's so early. he corrected himself and it's over? >> i think it is what we see all the time where each side picks up on rhetoric or a phrase that is inelegantly expressed. i think his clear point was that

it was relative to planned parenthood. it wasn't about women's health issues in general but nobody wants to necessarily look at the context. i think what is clear is that the democrats and liberals in general tend to always try to drive this wedge between women's issues and everyone else's issues. the fact is women make up 53% of the electorate. they hold 48% of the jobs in this country. so it is very clear that all issues are women's issues. and it is really important that the candidates focus on that. >> john the reality is this is still primary season. this is not the general election. and republicans are outraged over these planned parenthood videos. a lot of people are outraged over these videos. the context in which jeb bush made this comment. does any of this really matter at this stage? >> we don't know the answer.

we know it will drive the fundraising. let me give you two points. hillary clinton will have to answer questions about this as well. on the one handle she said she found the videos troubling and she would support a congressional investigating. since then she's gone into the planned parenthood planned parenthood is important. and she moved away from that because she got some criticism from the left. hillary clinton is not a terribly dynamic candidate. and the question is this. when he last ran for governor you've been showing pictures of a two jeb bush camera. not every cell phone was a camera. we didn't have the social media universe we have today. yes, donald trump is leading the race. as the establishment gets worried about donald trump, at some point it will face a choice. who is our guy if we have to pick one? if jeb bush keeps stumbling. the other day he talked about his dad and selling t-shirts. he needs to get his campaign

skills back to convince the establishment he is their guy. >> and just briefly. the numbers that john king had earlier about donald trump, his comments about republican women. but overall, not such great numbers for donald trump. i assume that doesn't come as much of a surprise to you since you're not a donald trump fan. the fact that he is not doing well with women and yet even without that national support, does that tell you anything? >> it tell me he has consolidated the republican primary voters that are frustrated and angry at the government misfunction. that includes women. jeb's slice of the pie is divide with a bunch of other candidates who are the same similar lane that he is politically. i think jeb has kept up his numbers. second in the polls. he'll be second in the polls,

standing second to donald trump on that debate stage tomorrow. and i think he does need to improve his political skills. i've seen him improve them in the last six months and i think he knows he needs to continue and work hard to improve those skills. >> i think what's clear -- >> donald trump's unfavorables have been dropping significantly. >> right. we pointed out that among women, in the gop field, he is doing far better than jeb bush. >> and hillary is hemorrhaging married women. >> well -- >> i think what's clear about donald trump is that they're looking for someone who talks about actions. and also is a political outsider. that's where i think carly fiorina's appeal want her name recognition goes up. people that will look to a consistent record and consistent views on issues of the day will

look to a washington outsider. will look to someone with clear leadership capabilities. >> all right. we'll see. >> track record and potential. >> i appreciate you being on. thank you. as we mentioned, the debate is set for thursday. we'll talk about it. also the hunt's jon walsh joins us on the missing girl his viewers helped find just this week and the fugitive mom now facing justice.

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the ten republicans who made the cut have been named. by friday morning, some may be glad they made it. others not so much. there will be no shortage to shine on that stage and more than a few ways to fail. randi kaye walks us through the minefield. >> reporter: candidates learned early on from the first presidential debate to keep cool. literally. it was 1960. republican presidential candidate richard nixon squaring off against democrat john f. kennedy when nixon's make-up started to run under the hot lights. then chicago mayor richard daly was quoted as saying my god, they've embalmed him before he even died. and the chicago daily news ran the headline was nixon

sabotaged by tv make-up artists? nixon never recovered. though he only lost by a fraction of a percentage in the 1960 election. >> i have as much experience in the congress as jack kennedy. >> in the 1988 debate dan quayle defended his inexperience. his opponent gave this scathing response. >> i served with jack kennedy. i knew jack kennedy. jack kennedy was a friend of mine. senator, you're no jack kennedy. >> that flawless response earned benson huge applause and a moment in the spotlight but it didn't win the election. in 2000 al gore made himself heard while debating george w. bush. gore was mocked for his heavy sighs. columnist maureen dowd likened his behavior to a country song

she called you've been sighing and lying. others described him as a teacher's pet, annoying and irritating. gore took a hit, falling five percentage points in the cnn today gallup poll. remember this moment? >> commerce education and the -- what is the third one there? let's see. >> republican candidate rick perry, unable to remember the third government agency he promised to shut down. the meltdown went viral and was spoofed on saturday night live. >> all three. ready? commerce. oh god. i only know one now. >> still, perry's memory lost only lost him one percentage point in the cnn tracking poll. when mitt romney tried to bet opponent rick perry during a live debate critics pounced said he appeared out of touch. perry even suggested the $10,000 was pocket change for romney. late night comedian hs a field

day with it. >> $10,000 bet? >> i'm not in the betting business. >> this is awesome. a mormon gambling with an evangelical over who is the bigger liar! >> on cnn.com a contributor wrote, a $10,000 bet he offered to perry could not have helped him in the heartland. it turns out romney jumped 8 percentage points in the cnn/orc poll conducted after the debate. so his gamble actually paid off. randi kaye cnn, new york. >> let's bring in the panel back with us. also former reagan white house political director jeffrey, the american spectator and bret o'donnell for the mccain presidential campaign. >> you've worked with a number of candidates on the debate prep. how important is it to create a

memorable moment? like lloyd benson had. and how much impact that that really have? >> it can have an enormous impact. in a ten-person debate or a seven-person debate. you want to capture the imagination of the press so your message gets near tops of the stories or even makes dlinlts. so having a moment like john mccain had in october 2007 when he talks about hillary clinton spending, in terming of being all tied up. he got a standing ovation. that captured the imagination of the audience and the president and made him the news of that debate. >> and how do you prepare for those? obviously, a debate is three dimensional chess. there is a lot of moving parts. you can't predict them all. do you try to read everything the person, the various candidates have said? i've found if you read

everything they said over the last six weeks, you can generally get a sense of what they're going to say. they tend to repeat certain stock phrases and then do you try to prepare a moment based on you know you think dan quayle will reference kennedy kennedy so you prepare that moment? >> sure. the benson knew quayle had been referencing president kennedy. they were prepared for that. and most instances, you can predict how debates will go. that's what people pay people like me to do. so we try to figure out what the questions will be. what others will say in response to those questions. and then try to come up with a moment or two that will dominate the stage. that will establish your presence on the stage. but sometimes those moments are organic as well. and i can think of several that senator mccain had in debates. one, where he encountered a

woman about losing her son in iraq. that moment was totally organic and wasn't staged. so it is also up to the candidate to be thinking on their feet. and that's part of what we're looking for. a person who can think on their feet. >> right. >> if you're jeb bush who you obviously support, do you position yourself on stage as the anti-trump? do you lay out positions in very specific terms which donald trump is probably less likely to do? or do you try to take on donald trump because to me it seems like every time a candidate takes on a donald trump, that gives donald trump another 30 seconds or a minute to respond and gives him more air time. >> and it works both ways anderson. any time donald trump attacks anybody on that stage, they're going to get 30 seconds rebuttal time. so i think it is really to their hindrance if they start attack each other. all they're doing is giving their opponents more time and it is a very limited amount of time with ten people on that stage.

brett, who was a very good friend of mine. he is right that most debates are predictable in a lot of ways. i think this is one debate that's completely unpredictable. it has, you know ten people on the stage. on the bigger debate. seven people on the previous debate. and i hope people tune in and watch that previous debate at 5:00. i think we owe it to the candidates to watch all of them including senator graham who brett is working for. do you make moments? yes, you do want to make memorable moments. you just want them to be good memorable moments. we can all remember also some bad memorable moments. so you know be careful about those memorable moments. they can be good or they can be bad. >> jeffrey, some people are saying look. donald trump will have to give out some specifics when it comes to policy positions. is that really the case? i mean should he continue as far as you're concerned, to be

the candidate he's been all along? and not get into the minutiae given the time constraints in a debate like this. you can kind of get around unless you're pressed. >> yes, yes, you can. for him or anybody to get into the minutiae with such a limited time frame will be very difficult. so he is well positioned here. just to be himself and deliver his broad message. ant to do, and i think president bush 41 at his watch during the clinton debate or governor due kakis four years earlier, answering in a very dispassionate way the question from bernard shaw what would happen if his wife were raped. if you play to the negative stereo times about you, that can hurt you a lot. you want to be very careful about that as well. >> do you believe that trump is not really preparing for this debate? that's what he says that he's not. >> i absolutely don't.

a person who is as smart as donald trump would certainly know that you can't go into a major debate against nine other people and not have prepared. i mean, that would be malfeesance on his part. the lights are very that bright. you have to demonstrate that you know something about issues. you have to be able to prepare to respond to both the moderators and to the other opponents on the stage. donald trump has spent his life upplaying expectations. everything is bigger and better with donald trump. so it is a little surprising that he has been downplaying those expectations. >> yeah. i think it is a first. i think we're allstonnished. >> he did that. >> facebook -- >> did he the what? >> he did a facebook post today apparently. asking his opponents what they would do to make america great again? i thought it was a very interesting challenge right on the eve of the debate. >> maybe he should have saved it for the stage.

>> i'm going to propose that we have a game tomorrow night. and let's have a drink every time he tells us he's rich. and my favorite when he tells us how much hispanics love him. >> we'll be on after the debate from 11:00 to 1:00 a.m. >> more on jeb bush. let's look on how the candidates are appealing to voters and how donald trump is appealing to the faithful. some of the questions about his level of support among evangelical voters in a lot of the caucus states particularly in iowa are critically important. later, an 8-year-old up in school and winds up in handcuffs.

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jeb bush's remarks on planned parenthood and speaking about federal funding about women's issues. he made the comments speaking to a large gather flerg tennessee. he got big applause. tonight we're joined by david brody and by the man whose question prompted it. author of onward engaging the culture without losing the gospel. dr. moore, jeb bush is getting a lot of attention for something he said. i'm not sure we need half a billion for women's health

issues. he since clarified saying he misspoke. saying that he was referring to federal funding for planned parenthood. not women's health in general. >> i find it surprising that there is this sort of criticism from hillary clinton. in context, i think most people in the auditorium understood what he meant. that we shouldn't be funding planned parenthood an organization which is violent. and instead we ought to be funding other organizations. and he said off handedly i'm not sure about the amount we would need. that we would need that amount. it was not something that caused a stir in the moment. it was clear in context what he was referring to. >> but as you just referred to his original sentence was you could take dollar for dollar and give that money, that $500 million that you're giving to planned parenthood you could give it to other health

organizations. he put in that phrase i'm not sure you need half a billion for women's health. you don't think -- you think he was talking about planned parenthood? >> well in the context it seemed he was talking about planned parenthood and later in our interview, he was talking about the necessity of making sure we have a strong social safety net including for, i was specifically sgg young single mothers who are in crisis. and he affirmed a strong role for government in taking care of them. >> david, the comments that donald trump made at the family leadership summit a couple weeks ago saying he doesn't think he asked god for forgiveness. he said if i do something wrong, i try to make it right. i don't bring god into that picture. he later talked about maybe a way of asking for forgiveness. he talked about my little wine and my little cracker. and i was reading something eric

ericson said. he said those comments largely closed the door on evangelical support for trump. do you think that's true? >> i don't think necessarily think that's true. at least at this point. this was classic donald trump. i don't think anybody thought he would go to an iowa evangelical event or any evangelical event and talk about yes i've asked god for forgiveness and i'm on my knees every night. they realize that's not the authentic donald trump. donald trump knows that's not the authentic donald trump. he is authentic which has been his calling card all along. evangelicals can deal with some truth telling. they've had many lies over the years to them as it relates to politics being used as a pawn many times in political games. get out the evangelical vote and those issues are dropped. so donald trump is in essence showing some truth telling here. at least on the for giveness front. at least they know where he stands. >> i should say i put these

questions to trump as well and he said what you said that he got a very good reception. how many support do you think trump has within the evangelical community? >> i know, have you met a the love pastors who say they support him? what kind of response are you hearing in. >> well, so far i've not heard from a single pastor who said they support donald trump. when it comes to the comments i agree with david that we don't want a religious identity politics where politicians use religious language or hymns or bible verses to pretend to be something they're not. on the other hand i think it tells us something about his character. this is someone who has been running a casino industry that i would argue is predatory on the poor. someone who has left two wives and divorced them. broken up those families. i think then to step back in and say i don't have anything i can think of that i need forgiveness for is problematic.

that raises many questions. >> it is really a pleasure to have you on. thank you. just ahead why authorities are crediting john walsh and his show "the hunt" on cnn helping to find this woman now behind bars and her 3-year-old daughter who is back with her father after being kidnapped, allegedly. an amazing story. the signs are everywhere. the lincoln summer invitation is on. get exceptional offers on the mkz sedan... the luxury small utility mkc ...the iconic navigator. and get a first look at the entirely new 2016 mid-size utility lincoln mkx. your choice of mkc mkz gas or hybrid for $369 a month with zero due at signing.

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authorities are crediting john walsh? >> his show "the hunt" helping to find a toddler missing for more than a year. about 24 hours ago, robert baumann was reunited with his daughter lilly.

he had been searching for her since may of 2014. he had never given up hope. it has gone a long and agonizing wait though. his mom megan everett is now in custody. they share custody but did not agree on how to raise her on. sunday it was featured on "the hunt." >> megan was very bubbly. things became a little more personal. it just progressively became more than a friendship. when megan found out she was pregnant that was a game changer. a big change. lilly was always outgoing. always bundle of joy. >> after they broke up it seemed like she was definitely trying to cut him out of her life completely. >> i got my daughter the first week and i brought her back. i went to pick her up on may 13. i knocked on carlos' door. he open the door and said megan

doesn't live here. she moved and he slammed the door in my face. so i called the police department. i went there and there is no sign of the child or megan or any clothes or baby stuff or anything. reality kind of hit me. and then the panic hit me. what am i supposed to do now? how am i supposed to find her? where do i go from here? >> less than 24 hours after that else aired, a crucial tip came in from a viewer. a caller had seen the hunt, recognized megan and lilly. >> john congratulations. it is incredible the speed with which you were able to help bring this case to a conclusion. explain how law enforcement finally found this little girl. >> sunday night, we got the show

on. we got a call directly to our hotline. and as you know police are there in the studio but they're not allowed to talk on the felonies to. i always guarantee anonymity. i guarantee your safety. lots of people don't want to be involved in cases or talk to cops. this person did the right thing. the fbi in daytona beach got ahold of the putnam county sheriff's office. they did a fantastic job and found megan everett and lilly in good shape. now lilly is back with her dad. she was back with her dad last night. and noncustodial parental abductions are awfully ugly situations. there are hundreds of thousands of them. about 200,000 every year. the real victim is the child. this one turned out to be a happy ending. >> i want to talk about that. we all think about stranger abductions and that's what grabs headlines. as up there are a huge number of cases where there's a parent or guardian who takes the child.

does law enforcement take it as seriously when a parent is involved as opposed to a stranger? >> they do now, anderson. we were successful several years ago to make it a federal crime. i lobbied for a long time saying you know if someone takes your child, put yourself in somebody else's shoes. if somebody takes your daughter at 2 years old and you don't see that child until 18 years old, it is an ugly situation. sometimes the perpetrator will tell a lie to friends and family and say hey, my ex is molesting or hurting the child. and the family will be unwitting accomplices to a noncustodial kidnapping. but police take it very seriously. >> for a child who goes through something like, this even at a young age, it is more complex than a stranger. because the parent will still be involved whether or not she does some time in prison. she is going to remain this

child's mom. that's got to make it more difficult. >> so difficult. i always say to parents. when they split up whether it is join custody, assume advised visits if you really love your child, take high road. in so many cases that i've been involved with, the parent who steals the child, they'll say the other parent doesn't love you. the other parent is dead. the other parent is a drug addict. i saved your life. and so many times it is a lie. it is not the case. i think in this case this is a good loving dad. he know that megan everett will come back into this little girl's life at some point and i hope both of them take the high road for little lilly's sake. >> some of the headlines were saying she had taken the child because she didn't want the child vaccinated. was that the whole thing or just part of it? >> i think that was an excuse to get even. and the people that megan everett hung around with some very bad choices as a mother.

so i hope they work this out. wasn't about vaccination. it is usually about revenge, anderson and i think think of that beautiful little kid. think about what they'll go through when they find out what happened. i hope they take the high road. get some counseling. that little girl is right where she should be tonight. >> thanks in large part to you, john. thank you so much. >> thank you, anderson. >> amazing, the results he's gotten. you can watch it at 9:00 p.m. eastern. coming up, a third grader in adhd actually put in hand cuffs. the deputy now facing a federal lawsuit. it apparently happened before at this school.

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(hush my darling...) man snoring (don't fear my darling...) (the lion sleeps tonight.) woman snoring take the roar out of snore. yet another innovation only at a sleep number store. a third grader at a kentucky school may have been misbehaving but what the officer did with the response. there were handcuffs on his upper arms. >> reporter: difficult to watch, even harder to listen to. this 8-year-old third grader is

being handcuffed in the vice president's office of his elementary school in covington, kentucky. >> reporter: according to this federal complaint brought by his mother and the aclu sr as he is called to protect his identity was diagnosed with attention deficit disorder in 2012 and then ptsd two years later. in november 2014 the third grader had difficulty complying with directives. he was taken to the principal's office. then trying to leave, was restricted by the vice president and a special education teacher twice. for about four to five minutes each time. the school calls in this man. a school resource officer. a member of the local sheriff's department. then according to the complaint, the boy swung his arm and attempted to strike him with his elbow. after that the handcuffs. placed above his elbows.

you can hear the 52-pound little boy cry out in pain. according to kentucky law mechanical restraints can never be used. the plaintiffs say that is the only way to describe handcuffs. but the law does allow for the physical restraint of a child if the student's behavior poses an imminent danger to self or others. listen to the officer. is this physical danger? >> i asked you not to kick. >> you want to prevent that child from injuring himself, injuring another teacher, injuring the law enforcement officer and then the argument will be that the cuffs were put on just to limit his behavior. and to ensure that he otherwise didn't represent a further danger. >> reporter: a statement from the school summit's office. they are not called upon by school district staff to punish

or discipline a student who engages in a school-related offense. now listen to this. >> do you want the handcuffs off? you will have to ask me nicely. >> reporter: the sheriff's department said in a statement today, all the facts are not yet known. but the deputy responded to the call and did what he is sworn to do and in conformt with all constitutional and law enforcement standards. >> was there the first time a student was handcuffed to this school? >> no. in fact, there's another defendant. the little girl. she was a fourth grader at a time at another school. she also had attention deficit disorder and it was alleged in a complaint that she was handcuffed two different times. facts pretty similar except at the end. initially she was disruptive put in an isolation room. they tried to physically restrain her. she was so emotional, screaming and just jostling in her seat they had to bring in a medical

crisis team who took her to the hospital to the psychiatric unit. so there is another that plaintiff here also representing the family law center saying that this behavior is all because of the disabilities. >> we'll continue to follow that. coming up, an update on breaking news.

-- captions by vitac -- www.vitac.com new polling showing bernie sanders trailing hillary clinton by 6 points. also the ten republican prime time players have been named for the debate in cleveland. there they are.

rick perry. six others did not make the cut and they'll have their debate earlier in the evening. we'll see you again later tonight at 11:00 p.m. eastern. i hope you join us for that. the cnn special report a minor miracle, five years after the chilean rescue starts now. a remote desert mine. a massive collapse. >> a huge chunk of the mountain slid down. >> 33 men sealed half a mile down. their survival defied all odds. >> there was never any sense they could have all made it.