try to make change and make things better. >> reporter: police released her without charges that day after she sat in the police car for 20 minutes. the detective said in a written report that his watch commander advised him to arrest the nurse for interfering with a police investigation. paine and another officer now on administrative leave. as internal investigators look into the startling incident. dan simon, cnn, salt lake city. most of the staples are out, a lot of the aisles are empty. >> the president and first lady will get a firsthand look at devastation. >> my husband sleeps in the truck, i sleep on the tailgate. >> the water is contaminated. >> we'll continue to coordinate and bring the comfort and everything else that we can to the gulf coast. >> robert mueller has new details about the real reason

the president fired fbi director james comey. >> there is a serious obstruction of justice going on against the president of the united states. >> we'll be fully transparent with his investigation and frankly i don't have anything to add beyond that. >> all of this as the president weighs whether to bring to an end deferred action for childhood arrivals, or daca. >> i don't think he should do that. >> we love the d.r.e.a.m.ers. we love everybody. this is new day weekend. >> does saturday morning. thank you for being with us. the next hour president trump and the first lady will head to texas and louisiana. one week since harvey slammed into the gulf coast. the waters there are starting to recede but we know this morning that the death toll has risen. >> the president and the first lady are leaving the white house as we said in just about an hour. their first stop is meeting

victims and survivors of harvey at an airfield on the out skirts of houston. >> i just want to tell them to be strong and everything will be okay. >> the president's promise of quick government response could be coming soon. the white house is requesting almost $8 billion in disaster aid. that is a couple of billion more than initially suggested. a vote on the aid money has been scheduled for late next week in the house. and some other political news, "the new york times" reporting special counsel robert mueller has new details about the reason president trump fired former fbi director james comey. the times reporting that the justice department handed over a letter drafted to comey but never sent in which the president explains his rational for the firing. the white house counsel thought the letter dictated by the president to a top aide was, quote, problematic. is this the new information that is pointing to where the investigation is heading at this

point. and plus the future of about 800,000 young undocumented migrants to be decided by the president next week. his decision on d.r.e.a.m.ers and the daca program coming on tuesday and he is not giving any hints about the direction he is leaning. >> should d.r.e.a.m.ers be worried. >> we love the dreamers. we love everybody. >> we are going to get to that but we do want to tell what you is happening with harvey and the aftermath there in texas this morning. as victor said, the death toll is at 50 now. and texas ofish -- officials have ordered mandatory evacuations where the water is still rising. >> stephanie elum is live at a shelter outside of houston. good morning and giving us an idea, are the numbers of people in the shelters dropping or are some people going home, going to other places or are we seeing an increase there? >> reporter: right now we are seeing the numbers go down at this center. we are at the energy center here

in houston. and if you look behind me right now, and you could see that there are people lined up. because there are three shifts for volunteers and one of them is at 7:00 a.m. and that is where we are right here in our time zone. these folks have signed up to come and help out as they can for the people who are here in the shelter. we know that more than 4,000 people have come to the shelter since it opened tuesday night. right now they say there is just over 1600 people who are here. but what they've said has been really heartwarming, are the number of people who have shown up to offer up time to work with the people here. and there is a lot that they are doing with the folks that have been displaced and found themselves here. they have fema help and the ability to go online and see -- start to look at that paperwork that is ahead of them to figure out what their next moves are. they are taking care of people, keeping families together and including their pets and a kid zone as well. all of that happening here within this building that is

large enough they could accommodate 10,000 people here. but the numbers are going down as some people have been able to go home. they found out homes were -- fared okay. and some people going with friends and family. but still they are seeing some other shelters around the area close down because they were maybe businesses or other locations, schools that now are consolidating some of the people moving here. but it is a heartwarming sign to see the turnout of people who are willing to volunteer. but they are very, very clear that the next steps are going to be cleaning out a lot of homes as the water recedes and they nil need a lot of -- they still need a lot of manpower as people go back to work. a lot of folks and students are not working so they are reminding people here in the houston area that your help is needed moving forward. >> no doubt about it. stephanie elum, thank you so much. and as floodwaters are receding in some places but health officials are warning this storm is leaving some major health risks behind. >> infectious diseases, mold also a threat.

elizabeth cohen looks at the biggest threats. >> we went out and tested these waters here in houston and when we got the results back, they were shocking. not only is the water contaminated, it is highly con tom nated. numbers that some experts have never seen in their experience. let's take a look at e-coli. this is an indication of how much fecal contamination there is in the water and other bacteria. we took three samples in one area of houston. the first sample had 8400 colony forming units and the second one 3700 and the third one 6300. now the lab that did this for us. a&b labs in houston they say the epa standard for recreational water is zero. you you are not supposed to have any e-coli and now look at another indication of fecal contamination. the first sample, 57,000 cfus,

the second one 43,000, and the third one 45,000. the epa standard for recreational waters, less than 100. so as you could tell, these numbers are stunningly high. the lab manager who was out testing with us, he said these numbers are huge. his lab, is a professional water testing lab, this is what they do for a living and he said they do this day in and day out and never seep numbers like this in water that are publicly accessible and he is also not concerned about fecal bacteria, but the flesh-eating bacteria. and these numbers show that there could be a likelihood that that is also in this water. so what does this mean for the countless people wading in this water. if they had a cut in their skin and it was big enough and didn't get cleaned out quickly enough, it could be a serious problem and cause a serious skin infection that could actually be life-threatening. and that will be true even if the person were very healthy to begin with. now another concern is if the

water splashed into someone's mouth. if you ingest this and you are healthy, you will probably get a round of diarrhea that you will get over. but if you are older and if you are weaker and if you are -- your immune system is compromised, it could be much more serious. back to you. >> you just feel for these people. >> yes. and people climbing out of windows, they get scrapes and countries. so many people are probably in danger there. elizabeth cohen, thank you so much. now to the white house. jeremy diamond is there. wheels up is what time this morning? >> well that is in just under an hour. we expect president donald trump and the first lady melania trump to head for texas and louisiana. the president and the first lady will be visiting houston, texas, where of course many parts of the city remain inform several feet of water. the president there expected to meet with storm victims. and also first responders as well. and we'll be doing the same in southwestern louisiana and this is the president's second visit

to the area since the storm made landfall but the first opportunity for the president to meet with many of the victims and to kind of demonstrate some of the presidential ability here that many people expect in the wake of the natural disasters. meeting with some of the victims, hearing their stories, expressing sorrow for their losses. we did not see a lot of that during the president's first visit to the area. all of this coming just after the president yesterday, his administration sent a request to congress for $7.85 billion in disaster relief aid. that is expected to be just the first in a series of requests that this administration is going to make of congress. to approve billions of dollars in aid for the recovery that are expected to stretch not just months but years into the future. we expect the house of representatives to vote on that measure in the coming week. >> work starts on tuesday. jeremy diamond, thank you so much. as we continue watching what

happens with harvey, believe it or not there is a new storm that is formed in the atlantic. it is hurricane irma. allison chin kara is watching it and i know the trajectory is in question but the strength is not. >> and that is the key thing to notice. is that this thing really is trying to hold its own. at one point it has been a category three, and then went back down to a two and then back up to a three and back down to a two. and it is going through eye wall replacement cycle meaning it is trying to get into a good form and it may get back to a category three. but the long-term of this storm, actually shows it could get even stronger than that. here is why. so in the coming days, the training camp is going to push farther south, in doing so it is actually going to enter much warmer water. that will allow the storm to strengthen up to a category four which is what the hurricane center expected, potentially even stronger than that. especially if it doesn't encounter anything atmospherically or even in the ocean that could hinder any further development.

so again, certainly something that we will have to keep a very close eye on in the coming days with this storm. especially, say, day seven to ten as it edges closer to the u.s. but another story that we've been keeping a close eye are on the fires out west. now right now across the western half of the u.s., we have 88 active large fires. this does not even include some of the smaller fires and we've had several around california. that is the video you are seeing here on the side of the screen. unfortunately for today we do have a lot of fire threat out for watches and even red flag warnings because not only do we expect winds to increase but the day time humidity is less than 20% which is not what you want to hear when you already have fires in place. another factor that is not helping, are the triple digit temperatures, excessive heat warnings and advisories up and down the west coast. and we're not just talking temperatures say five or six degrees above average, we're talking records. nearly two dozen cities have the

potential to break records not just today but also tomorrow. victor, christi, take a look at the numbers. sacramento, california, 111 for the high. that is 20 degrees above average. san francisco, also going to be awfully close to triple-digit temperatures, the by way, yesterday in san francisco they hit over their all-time record, it had been 103 and they hit 106 in san francisco yesterday. >> my goodness. that is miserable. allison, thank you for the update. >> fire on the west coast. flooding on the east coast. a lot going on. so let s turn to the new yok times reporting that robert mueller has details about why the president fired former fbi director james comey. a new draft of a letter. we'll talk about that. >> and a judge throws out the most serious charges in the penn state hazing case. while the parents who lost their son in this case, they're

speaking to cnn about this. you have to see the interview. and dehydrating and starving, a mother waded through water after hurricane katrina with baby boys and now they are 12. she's comes face-to-face with the man she credited with saving her life. general russell honor a and we were there for their reunion in houston. you know who likes to be in control? this guy. check it out! self-appendectomy! oh, that's really attached. that's why i rent from national. where i get the control to choose any car in the aisle i want, not some car they choose for me. which makes me one smooth operator. ah! still a little tender. (vo) go national. go like a pro. mikboth served in the navy.s, i do outrank my husband, not just being in the military, but at home. she thinks she's the boss. she only had me by one grade. we bought our first home together in 2010.

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some new reporting from the new york times, the special counsel investigating russia's meddling in the 2016 election now has a draft of a letter explaining why president trump fired former fbi director james comey. >> according to the report, robert mueller obtained the letter weeks ago and said the white house council did not use the president's letter publicly because of the angry tone was problematic. the president would later admit on national television, yes, he was thinking about the quote, russia thing, when he fired comey. >> and meanwhile sources tell cnn the long time trump aide who

hand delivered the firing letter to fbi headquarters intends to leave the white house. sources tell cnn that keith schiller, director of oval office operations is leaving over financial resources but one source said under john kelly is a problem. >> and the president considering skirting daca to protect young undocumented migrants from deportation. people who were brought here as children. >> joining me now, kelly james torrance and tom low bianco, good morning. so tom, once we knew the president sat down with lester holt, that the russia thing was on his mind when he decided to fire james comey but this is tangible written evidence, about why the president was thinking about. this obviously is becoming a

central element in this investigation of potential obstruction of justice. >> absolutely. remember, the chaos of this administration, especially at the beginning. pre-john kelly has consequences. and look at the -- on the one hand you had the attorney general, jeff sessions, working together with the newly appointed deputy attorney general rod rosen stein to lay out one area where they were going to argue how they were going to handle this, the reason for firing, the clinton e-mail handling and then the president and steven mueller according to the president undercutting that. and don mcgahn, the lawyer steps in and said, no, there is no way that is getting out there. but then trump himself comes out a few days later after the firing and said yes, it was the russia thing. so this supports that argument and under cut his defenses and

it is a huge development and goes to show we are -- some of the sources kind of put this t this waxt a lot of times we're like the blind men touching an elephant. that is how -- we're getting bits and pieces but the more -- the further we go along, the more information we get, this -- they connect. they connect backwards. and this supports the russia thing. his statement. >> well kelly, you remember on the night there in the dark in the bushes there, former press secretary sean spicer said there was no white house involvement, but this reporting shows that not only was there white house involvement, it was led by the white house and from the very top. now what does it -- let me ask the big question here. and we get into the minnisha, but what does this mean for the degree of confidence in the system, in rosenstein and the fbi and the vice president that said this was led by the deputy a.g. when he was in the oval office and given a copy of the letter before rosenstein was

brought in. >> those are all excellent questions, victor. and i have to say "the new york times" raises more questions than it answers and it feels to me -- when you were a kid and you had a friend who say, i know something you don't know but wouldn't tell you what that was. i feel that way reading "the new york times" report because it said "the new york times" did not see this letter. it is relying on the testimony of those who did. and it says it does not know how much of the letter laid out the rational -- it had to do russia. so there are still a lot of questions. but it seems to me that if the white house had just stayed out of it, that donald trump might have gotten what he wanted, which was to fire comey without having it possibly harm his presidency. if you read "the new york times" reporting, that jeff session and rod rosenstein were looking into firing comey for separate reasons. they were unhappy with his testimony about the clinton

e-mail scandal and when comey said he felt mildly nauseous that he had effected the results and when they gave him the letter and rod rosenstein looked at that letter before finishing his own memo. and that is when the process gets very mixed up and very confused and that is when the president should not have been involved to his own benefit but he couldn't resist it. >> i find it fascinating that don mcgahn told the president by firing james comey you will not end the russia investigation and he said i know that, but i feel like i have to do that any way. maybe that is the defense to the accusation of obstruction of justice. and let me move on to daca and young people who came here as children. undocumented migrants. the president is making this announcement on tuesday.

a good question was asked during the briefing yesterday, what is the president considering between now and tuesday that could lean him in one direction or the other and what we heard from the speaker of the house, paul ryan. let's play what he said in a radio interview back in his own state. >> i don't think he should do that. and i believe this is something that congress has to fix. >> so this is a twist here. what is the impact of what we're hearing from the speaker on potentially the -- the decision-making process over the next 72 hours. >> well you are hearing from the speaker of the house, attempting to slam on the brakes. you have to remember, what is happening. we're coming back to school. summer break is over. it is labor day. congress is coming back. there is a ton of work that has to be done. harvey hit and it just jammed up everything. there is so much that has to be done with harvey on top of everything else they already had to do. we are not getting the priorities from the white house, obamacare, but we are talking

about keeping the government running or increasing the debt ceiling, maintaining the debt extension, the ceiling. and when you look at all of that, then to throw into the mix, okay you will take on a hot button immigration issue, ryan is really telling him here, hey, you know, maybe we will do that, maybe we won't. but let congress start to take a crack at it and we can spread this out: there are other more pressing issues. >> let me get in one more to kelly, and the white house announced obs thursday the president is donating a million dollars do the harvey relief effort. but listen to the difference on thursday versus friday of the source of that money. watch. >> i'm happy to tell that you he is -- would like to join in the efforts that a lot of people across this country have done and he is pledging a million dollars of personal money to the fund -- >> his personal money or money

from -- >> i haven't had a chance to do that. but i will. >> thursday was personal money. friday she wasn't sure if it was personal money or money from the trump foundation or ordinarily this wouldn't be controversial or a topic of discussion, but some pulitzer prize winning reporting is shown how the philanthropic efforts of the president have become problematic. >> washington post reporter and contributor darren farn hold has done amazing work looking at what the trump foundation and where it got its money from and very little of the money of the trump foundation came from donald trump himself. and a lot of the money that the foundation spent was spent on things like a portrait of donald trump tlx is problem there. and we don't no the foundation has actually broken the law with some of the things. and i think that is an -- this should be an easy thing to answer. he goes on about he's a billionaire, worth billions of dollars 67 dollars, it should be easy for him to donate money to just say

it is my personal money. >> and then goes on to sara huckabee sanders and said if you have an idea of where i should donate the money please speak up. one minute calling them the fake news and the next asking them for advice. thank you both. >> thank you. this is something. a reunion 12 years in the making. general russell honoray, the man who took charge in the wake of hurricane katrina, remember this -- those were the twin boys he helped save. he is meeting them now. their emotional reunion and yet another city that has just been devastated by the flood waters. this is a cnn exclusive. do stay close. ♪

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welcome back. in just a few hours president trump will head back to the gulf

coast region to texas and the louisiana to visit survivors of harvey. he is also pushing congress for nearly $8 billion in a first round of recovery aid. >> meanwhile, headlines this morning, "the new york times" reporting robert mueller has a dress of president trump's letter detailing his reasons for firing james comey. and mueller will be determining whether the former fbi director's dismissal was part of an effort to obstruct justice. and also the white house said the president will announce a decision on tuesday on daca. that is the program protecting undocumented migrants brought to the u.s. as children. and paul ryan is urging the president not to end that program. well the worst of circumstances in houston has brought about the best chance for one family to say thank you. a kind of thank you that you have to say in person. >> and this is meant for the man who led that military effort after hurricane katrina. there he is, lieutenant gem russel honore and coming from a mother who is now in houston and

lost everything. nearly everything back in 2005, except what matters most. she gives the general credit for that. >> here is stephanie elum. >> i really owe this man my life. because the things he did for my children -- >> reporter: nearly a week after hurricane katrina hit new orleans in 2005, alexandria wheeler was at the end of her rope. >> we hadn't eaten in maybe six days. i ran out of formula and food for them. so they were really hanging on by a thread. >> reporter: after the levee broke flooding her neighborhood, she waded through the water with her 6 and a half month boys. >> i had one in the carrier in the front and one in the back. >> at one point something caught her foot. >> it was two bodies collided and they were full of water and they raised up to the top for me and lifting my leg up. >> by the time wheeler made it to the convention center, she and her boys were starving,

dehydrated and exhausted. that is when she first heard his voice. >> put them down. >> reporter: unarmed wheeler and a group had been stopped by the military. >> we're like, we're the vikes. what are you -- what are you pulling guns on us for. >> reporter: and then she saw the commander that ordered the guns lower. the general who led the military response after hurricane katrina and rita is lts the map wheeler credited with saving their lives. >> come on. >> reporter: it is a moment cnn captured as it happened. the general personal coming to her aid. >> what do you think what would have happened if you did not run into the general? >> we would have died. we would have -- there is no question. we would have died. >> hey, tiger. let's go. >> reporter: almost 12 years later, to the day, wheeler and her boys rode out hurricane harvey in houston. the city that became their home

after katrina. while the water came close to their apartment, the family fared much better in harvey. and after years of trying to get in touch with the general -- >> i understand there is some who dat boys over here. who dat? >> reporter: finally the opportunity to thank the man in uniform who had shown them such compassion. and for the general, a chance to see how those tiny babies who were once so close to death are now thriving. >> boy, you grew up in 12 years. >> thank you for saving our lives. >> well god bless you. >> thank you for saving our lives and our mom's live. >> god bless you. >> reporter: a bond forged in devastation, unbroken by the passing of time. >> not good-bye. see you later. >> thank you to stephanie for that. and the lieutenant general hussel honore with us now and still in houston. a will the of people sitting here -- a lot of people sitting here thinking what will i do in

my life that will change anybody's life. this story of you with these twins, with this family, it has to be something just unexplainable that we can't begin to feel. help us understand what it was like for you when you met those boys again? >> it was quite an emotional connection. and it is a reminder watching toz boys having an opportunity to grow up in a safe environment here in houston. the promise we made to the american people there would be no more katrinas. that the government, state and local and federal would immediately respond when we have these great big natural disasters. and over time, we have gotten better, technology has gotten better. but the expectations as far as myself is that we could be a lot

quicker in we pre-deploy ships behind storms, if we send helicopters as soon as the wind died down and not wait to be invited in. those things will prevent future things like what happened to the wheel wheeler boys and there are a lot of folks here in texas and louisiana right now, many of them still isolated in their home, and nobody has knocked on the door yet. we have to have bigger, quicker response, particularly in the flood prone areas. >> so tell us what is the most urgent need there in houston today and what is on the agenda for you? >> some of the biggest concerns now are people balancing -- letting people to go back and inspect their homes that the water has receded and at the sam time the mayor eloquently directed the mandatory

evacuation last night. so we have mandatory evacuations going on, we've got people wanting to go back and check on their homes, and we've got the city of beaumont still isolated without clean drinking water. the infrastructure is very fragile and we have a chemical plant on fire. this is a dynamic, moving environment. and at the same time, people are playing baseball in houston today. so much of that is going to put a strain on the transportation system, as well as the ability of fuel for people to go check on their homes, and the traffic is going to be a nightmare. so at the same time, we have people in shelters, and we're playing ball next door. >> and real quickly, the president is going to be there in houston today, general, we know that he has proposed cutting fema funding. what would you say to him if you could sit down with him today and talk to him about fema?

>> don't cut fema funding. fema is life line to american people in these natural disasters. we always want fema quicker but the other life line to the working poor, who don't have insurance and can't afford insurance and who live inside of a flood zone. by no fault of their own. no, please, we need to raise the available money for fema. as well as with the epa. we don't have an epa region six director supervising this chemical fire because they haven't been appointed yet. so there are key people missing in fema. those slots need to be filled and filled now. so hopefully the president will make that happen and the congress will help him. >> well general, we appreciate all of your efforts, keeping up informed of what is happening and what they need most because a lot of people are coming to the table to try to make those

things happen and take care of those folks just as you are. thank you so much, sir, for your service and for keeping us apprised of what is happening. take good care. >> good day. >> let's talk about congress. when they return next week they will take up the relief funding for harvey. will there be blow back against those who voted against sandy relief several years ago. we'll talk to one of them. this is the story of john smith. not this john smith. or this john smith. or any of the other hundreds of john smiths that are humana medicare advantage members. no, it's this john smith. who we paired with a humana team member to help address his own specific health needs. at humana, we take a personal approach to your health, to provide care that's just as unique as you are. no matter what your name is.

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at the lexus golden uncoopportunity sales event before it ends. choose from the is turbo, es 350 or nx turbo for $299 a month for 36 months if you lease now. experience amazing at your lexus dealer. first up on the agenda, when congress returns on tuesday, nearly $8 billion requested by the white house for hurricane harvey aid. will they get what they are asking for at the white house. on the phone with us now, congressman randy weber of texas. congressman, good morning to you. >> good morning. >> so it was 11 days for -- for

a aid package for katrina, 91 days for superstorm sandy and what is your confidence this will pass in the first week. >> well, we're talking amongst ourselves, this is the -- the members of congress. this has been quite an ordeal and this is the, as you are probably hearing it, described as the single largest worst flooding disaster in american history. so we're beginning to look at numbers, you may be award that president has with -- he has suggested i think $7.9 or just under $8 billion. which literally is just a drop in the bucket. so we're talking to appropriators, we are talking to members of congress and it sounds like there is a plan going forward. so we'll get back. you never know until you get to the floor of the house and start debating things. it will be all right. >> how much do you think will be needed. we heard a number from someone

in the democratic party of $150 billion. what do you think? >> well, it is hard to say. you know, you have to get past the water, it has to recede and get insurance estimates in there. it is definitely going to be more than sandy. it is definitely more than -- like i said, the single largest flooding disaster in the united states history. but it is going to take somebody in the insurance business, somebody in the flood recovery business, fema for example, that can go in there and put a number to it. >> sandy was $60 billion and katrina was $120 billion just to give people a point of reference here. let me ask you about your vote, which i'm sure you've discussed before. but i don't want ask about your vote against the superstorm sandy package. i want to ask you about an amendment. in 2013, you voted to tie the spending to an offset to a 1.63% discretionary across the board spending to the $17 billion that

was going to the people in new york and new jersey, connecticut and pennsylvania, the people who needed it most. that is the direct aid to the people. not the larger bill. will you support and offset for money going to texans? >> well, here is the thing that we need to do, we need to be cognizant of all of congress spending. we need to have a handle on all of our spending. so is there a time to have that discussion, you are looking at september the 30th looming, that will remain to be seen. i'm not an appropriator, we will have that discussion with the appropriators, i certainly want to be on top of all of our spending. do we need an offset -- any time you have an emergency in your own family, something comes up, you have to say, well i'm going to have to tighten the belt and do this and the other. >> and that was the argument that congressman mulvaney made when he was -- when he made the proposal and offered that amendment. i'll ask you again the direct question, you said that in 2013 through your vote that the

$17 billion for the sandy aid should be offset by the 1.63% across the board discretionary budget cut. do you think or should in this case there be an offset for the people of texas who now need billions of dollars. >> i don't view it as an offset of the people of new york or new jersey or texas. i view it as a spending level that says we have got to make cognizant -- >> congressman, it is a yes or no. >> not for pme, it is not. >> in 2013 it was a yes. >> that is my vote, and you are asking me about my logic. >> should there be an offset. i think there is a yes or no. >> any time -- any time we have spending that wasn't planned for, i don't care if it is your personal life or business life or public life, i think we ought to be trying to do everything we can to make sure that we get as lean and mean, if you want to use that word or an offset

and -- and now congress has the reputation of spending too much money. >> let me ask it this way and then i have to let you go because i'm getting the wrap. was that a principled vote in 2013? >> well if you want to call principle the fact that congress has to get on top of spending and not just write checks with no regard tor -- for the -- >> was it a principled vote. did you vote for an offset based on principles. >> define principles. >> that you believe that any additional emergency funds should be paid for and not borrowed from -- or added to the deficit, let's say that. >> well, whenever possible, but both you and i know there are times when it is not possible. we have to be extremely, extremely cautious and everything we can to tighten our belt when we need to. >> congressman, randy webber, we put the question ott and we have your answer. and thank you for being --. and the best to your and your constituents and your family

there in texas. >> good day. so a jum -- judge threw out the most serious charges in the penn state case and now the parents of the son who died in that case are sitting down with cnn. they really appreciate the military family, and it really shows. we've got auto insurance, homeowners insurance. had an accident with a vehicle, i actually called usaa before we called the police. usaa was there hands-on very quick very prompt. i feel like we're being handled as people that actually have a genuine need. we're the webber family and we are usaa members for life. usaa, get your insurance quote today. ♪ hey grandpa. hey, kid. really good to see you. you too. you tell grandma you were going fishing again?

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a judge has thrown out the most serious charm in the penn state hazing case. >> eight fraternity members were facing manslaughter charges in the death of this young man, timothy piazza. he died after a hazing ritual on his first night of pledging a fraternity last year and his parents sat down with cnn's sara beganham who is with us now. sara, what struck you most about the phobfolks and what they are dealing with. >> this is the second time i talked to them. the first time was before the hearing began and the second time was after it concluded.

this is a ruling that caught the family by surprise. they sat through 56 hours of testimony, seven days of this preliminary hearing, and they heard some very difficult testimony about how their son died. being given large amounts of alcohol and then repeatedly falling and hitting his head. at the end of this all, the judge tossed out felony charges. four people had charged completely dismissed, but the judge left remaining charges of hazing, reckless endangerment, tampering with evidence and furnishing alcohol to minors against many of the remaining 14 defendants and the family says that those charges are at heart of the case and their quest for justice for their son. take a look. >> through all of the testimony and arguments we had to relive every moment of our son's last day and it was pretty difficult. >> pizzas always believed that the conduct that led to their son's death was reckless and today the videindividuals were d

ore on that exact charge. >> they chose him. they gave him a bid to accept. why would he ever think that they would do anything reckless and endanger his life and ignore him and basically sentence him to die. and leave him alone. >> as one of our friends put it, tim was crucified. >> maybe some day when these individuals have kids of their own they will understand the kind of love that you have for your child. and the kind of loss that you experience when they're cruelly taken from you for no good reason. for in reason at all. >> now after that hearing, the prosecutor does plan to refile the more serious felony manslaughter charges and ask for a different judge to hear the case. the defense, which is long claimed this prosecutor overcharged and demonized those

fraternity brothers say they will continue to fight and there was no way for any of the brothers to know that tim piazza was fatally injured that night. >> sara, thank you so much. >> we'll see you back here at 10:00 as smerconish starts now. i make it easy to save $600 on car insurance, so being cool comes naturally. hmm. i can't decide if this place is swag or bling. it's pretzels. word. ladies, you know when you switch, you get my bomb-diggity discounts automatically. ♪ no duh, right? [ chuckles ] sir, you forgot -- keep it. you're gonna need it when i make it precipitate. what, what? what?

♪ ♪ >> i'm michael smerconish in philadelphia we welcome our viewers in the united states an around the world as harvey's devastation becomes clear, what lies ahe