>> oh, really, i mean, you're going to have donald trump, as kate mentioned, talking about donald trump, but also kamala harris, vice president harris will clearly be talking about donald trump as well in her closing message in talking to the harris campaign about this, why democracy at the very end, why is this a good closing out? two for you? i mean, what they are saying is that it is the top motivating issue for their persuadable voters and for undecided voters. and this is such a small sliver. so, you know, their feed on the biggest stage, but talking to the smallest number of people brad you got ten seconds. >> well, if donald trump can cut his margin of defeat and some of those new york house ceases by three or four points. it might mean republicans control congress all right, fair enough, guys. >> thanks very much for joining us on this friday. thanks to all of you for joining us as well. i'm kasie hunt. don't go anywhere. cnn new central starts right now

needs all tied up, brand new polling that shows just how close this presidential race is with common well, harris and donald trump both headed to a state that will not decide the election who i didn ties john berman, a blockbuster move in a blockbuster case, the los angeles hello, us district attorney set to officially recommend that a judge rican reconsider the menendez brothers life sentences and back on earth and time for the holidays overnight splashdown just brought for nasa astronauts home from their 235 day mission in space on sara sidner with kate bolduan and john berman this cnn new central heat. >> now, sometimes in polling will people say dead heat, they

mean within the margin of error are close? no, not this time. it is actually a dead heat exactly tied at 48% in what will be the final new york times sienna college poll. now, this might not be the most surprising poll numbers out this morning. according to an abc news ipsos poll half the country seas donald trump as a fascist, 49%. so with the election hanging in the balance, both candidates are heading to a state that will not decide it. texas, we will talk shortly about why and how beyonce factors in first to taste the vice president harris on the stump with barack obama in georgia it's either donald trump in there

interview you're, they're going to have to pardon fire jack smith, which one will you do so easy it's so easy. it's so easy. i would try him within two seconds. >> all right, let's go to cnn's eva mckend. eva, what is in store today with the vice president going to a state more let's be honest, she likely won't win yeah, john, they're traveling to texas because they described it as the epicenter of abortion vans the event will feature a texas couple who led a lawsuit against the state's abortion bans after suffering life-threatening pregnancy complications she net williams, the mother of ambert nicole thurman, who died in 20 a 22 from a treatable infection due to delays getting reproductive care in georgia. she's going to be in attendance as well and listen, john, this is what we've been seeing from the harris campaign. they're leaning on women to tell their

own stories, to illustrate some of the tragedies abortion restrictions have heated. here's how harris talks about reproductive rights on the campaign trail even acknowledge the pain and the suffering he has caused he insists that quote, everybody wanted for roe versus wade to be overturned which is just a touch the man is closing argument. you know, not only is she traveling to texas, but the campaign has several adds up speaking to this very issue using women to tell their stories now in texas, she is going to have some star power. this is the first time we're going to see beyond say, on the campaign trail with her as well as country music star willie nelson, john all right. maybe get to do what they're right.

eva mckend. thank you very much. okay. >> a width these 11 days to go until the election, the trump campaign is facing a new allegation from a woman, stacey williams, a former sports illustrated swimsuit model, telling cnn the donald trump groped her in the 90s. >> she says, it happened at trump tower and it happened in front of jeffrey epstein cnn's sunlen serfaty has more on why williams says she's coming forward now the second he was in front of me he pulled me into him and his hands were just on man, didn't come off former sports illustrated models. dc williams says that donald trump groped her more than 30 years ago in trump tower with the later convicted sex offender, jeffrey epstein, watching and smiling in the room as it happened, then the hands started moving and they were on you know, on the side of my breasts, on my hips, back down to my butt, back up, sort

of then, you know, they were just on me the whole time and i spoken out about the incident extensively until now, and in her first on-camera interview, she tells cnn the most detailed accounting of the incident, yet alleging that in 1993, epstein, who she was briefly dating at the time, broader into trump tower. >> this context made no sense because the hands were on me and then he and jeffrey just kept talking and like looking at each other and smiling. >> after leaving trump tower, williams said that epstein berated her for allowing trump to touch her. >> i just had this rush haley, like sickening feeling that it was coordinated, that somehow the whole thing was piece of meat for some kind of weird twisted game. >> soon after the encounter, she severed ties with epstein and said she was unaware of the kind of predatory behavior that

would come to light in leave peter years. she also says she received this undated postcard from trump, delivered to her modeling agency by courier shortly after the incident, stacy, your home away from home, love donald. >> i felt sick to my stomach williams says she did not tell anyone about the incident for over ten years. i felt a wave of shame i just couldn't think about it. face it, talk about it for a very long time. i put it in a little box inside of me. turn the key, locked it. >> cnn has spoken to three friends of williams to corroborate her story, who each said that she told them about the incident with trump and epstein in 2006, 2015, and 16 the trump campaign has denied williams is allegations calling it a fake story contrived by kamala harris's campaign williams account, only adding to the lengthy list of women who have alleged that trump groped kissed, or assaulted them. trump has also denied those allegations. trump, who

was close friends with epstein once calling him a terrific guy, has long sought to publicly distance himself from epstein since he first face charges related to inappropriate sexual conduct with under age girls in the mid 2000s, i was not a fan of jeffrey epstein williams has been engaged as a democratic volunteer for decades and shared her story on a zoom call on monday at a survivors for kamala event supporting the vice president's run ai, although the group is not affiliated with the campaign, ai felt like that was some sort of sick bet or game between the two of them with the election less than two weeks away, williams arguing that her for decision to speak out now was not driven by the presidential campaign, but with the release this week of a documentary about sports illustrated, one, she participated in two years ago during which she briefly alluded to the incident. >> what do you say to those critics say this is politically motivated? >> i can't control when that

documentary comes out. i can't control the fact that it's premiering two weeks before the election. >> and she says she could not stay silent any longer. it takes a lot of guts and you have to really prepare yourself to be ready for that onslaught. >> and i'm ready now, just bring it sunlen serfaty is here reporting and also donald trump was asked about this directly last night, i believe what did he say? >> that's right. he was asked directly by one of our cnn reporters on the ground with them. they were at a noisy cuban restaurant in las vegas. the reporter asked about stacey williams and he kind of leaning into hear her question. they were standing in about a foot away, but he pointed to his ear and said, can't hear notably was noisy in that restaurant. >> meantime, after our report first aired last night, the trump campaign of sending us a second statement saying that the handwriting and on the postcard they say was not trump's. >> and of course they've denied these allegations. >> sunlen serfaty. thank you so much. >> sara, all right. still ahead. the menendez brothers

may get a new sentence, nearly 30 years after being convicted of murdering their parents. what's next after the recommendation from los angeles county district attorney elon musk is even richer this morning after an epic day for tesla well, stall. the way he's using his cash to try to influence the presidential race and see what happens when firefighters enter up this burning building. trying, to. save a woman inside pizza everyday. unlimited topics. >> but does the budget even exist for that, ethan, why are we not talking about the fact that my opponent has coatings >> i spent 34 years growing microsoft. ten years owning the la clippers basketball team. i loved computers, i love data, and i love that facts. that's why i started usa facts why were unveiling a video series on the big issues that impact

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stunning move. the los angeles district attorney says he will recommend to the court that a judge resentence, erik and lyle menendez. this could mean that the brothers finally growth three more than 30 years after being sentenced to life in prison without the possibility of parole for murdering their parents in 1989, they didn't deny that they killed their parents, but say they acted in self-defense after years of abuse. as new evidence surfaced in the case, the la district attorney, george gascon, says the brothers have paid their debt to society. cnn's elizabeth wagmeister is joining us. now. what happens from here, if this recommendation is what happens in court this is the most movement that we have seen in this high-profile case, sara, in more than three decades. >> but as you said, this is just a recommendation right now from the los angeles district attorney. now, this is a strong recommendation coming from gas

scone, but today he says that he is going to formally make this recommendation with the court. then what goes from here is a judge is the one who will determine next steps. so it is not the da who can say they should walk free. so they are not walking free today. this can take a matter of months but yesterday after this press conference, the menendez brothers attorney mark geragos said that he believes that they can be home by thanksgiving, which is obviously incredibly soon. now, a hearing date has not been set yet for next steps, but the da's the office says that they hope that that will be set within the next 30 to 45 days. gas stone says that they are eligible for immediate parole, which means that if a judge agrees with his recommendation, then they could walk free very very soon. now, of course, this is a very controversial so recommendation because these were gruesome murders, erik and lyle, they admitted to the murders that is

not a question. they did shoot both of their parents, jose and kitty menendez dead back in 1989. now after two trials, first in 1993 than the second and 95, they were ultimately convicted dentons to life without parole, but what does happen now is there has been interest over these 35 years, but recently there's been renewed interests, sara, thanks to a show on netflix from a super producer ryan murphy, and also a series of documentaries. now that ryan murphy show on netflix was met with some criticism, but again, it did bring renewed attention to this case yesterday, during this press conference, the da even said that this renewed hollywood attention factored into his decision there was more recent documentary about the case that again brought a tremendous amount of public attention. >> they or offices got flooded

with request for information and even though this case was already scheduled to be heard in late november i decided to move this forward because quite frankly we do not have enough resources to handle all the requests this timing is suspicious given that it is so close to his reelection, but it wasn't just the documentaries that were also to key p two new key pieces of evidence excuse me, that were submitted by the menendez brothers attorneys, including a letter we see here that was written by erik a year before the murders. >> they say that proves that he was sexually abused by his father, sara. >> all right. elizabeth wagmeister. thank you so much. okay. >> he is donald trump's most famous billionaire backer. this morning, there's new data out showing that elon musk's bank account is getting even bigger. and with that, so too is his influence on the 2020 if we're

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saying publicly, what people say and turns out i have enough money. i could just shut off on cnn all right. >> new this morning, elon musk, already the richest man in the world, just got a whole lot richer, at least on paper, tesla saw its biggest one-day gain in more than a decade, and is now valued 832 billion. he owns a big piece of that cnn's matt egan is here. >> john epic day for tesla and elon musk, share price going to the moon after they reported blockbuster results. so up 22% for tesla in one day, best day in 11 years, second best day since they went public back in 2010. >> so the market how are you

went up by $150 billion with a b, that's with a b some context $150 billion. that's more than nike is worth and tesla gained that much value in a single day. it's stunning as you mentioned, elon musk, the biggest shareholders. so he his net worth went up by more than 33 billion. he was already the richest guy on the planet, and he's kind of running away with this thing, right now because his net worth has surged to $270 billion. well ahead of number two on that list, amazon co founder jeff bezos well ahead of facebook co-founder mark zuckerberg and all this coming of course, as musk has emerged as one of the most prolific backers to former president donald trump, musk is clearly betting that his own business empire will be better off if trump is back in the white house. >> so what exactly happened with tesla? because i thought they've been having some issues. >> yeah. they were definitely having some issues here's the

stock was actually down on the year ahead of this report, but everything turned around because they've reported a much bigger than expected profit a key measure of profitability unexpectedly surged because they've been able to cut the amount of money they have to spend when they build these cars. also, the cyber truck that controversial futuristic-looking that truck that's actually profitable for tesla for the first time, which is pretty significant has been a lot of recalls it. >> again, it looks it looks sort of odd, but i no, my kids are big fans of the cybertruck whenever we see them on the road. another key it thing that happened here is elon musk is projecting really strong growth for next year. so you put it all together and wall street banks are scrambling to bump up their price targets on this dock, a veteran analyst, dan ives, he put it this way. he said tesla delivered an early christmas present for investors and aaron judge, like quarter and guidance, when we zoom out,

this stock is up something like 20,000% since it went public, although it's actually not as high as it was three years ago. and john, there are still some significant challenges here, right? there's still a lot of competition there's a price water, tesla's very reliant on car buyers in china so and don't forget elon musk, his brand has become very associated with trump, which could be a risk as well. >> matt egan, great distinction. thank you very much, sir. >> all right. this morning, donald trump says, if he returns to the white house, he will fire special counsel jack smith, quote, within two seconds can he actually do that and texas hold'em, beyonce brings her star power to the stage tonight to lift up kamala harris in texas to you by e trade for morgan stanley drain commission free

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is not a battleground. they're headed to texas for two very different reasons. harris wants to use this setting to further highlight her fight for reproductive rights in this election. and she'll be joined by megastar beyond, say, the first it's time that this worldwide star will be making a campaign appearance this election and trump is expected to be in texas to target illegal immigration again, and sit down with one of the world's biggest podcasters, joe rogan, cnn's kristen holmes, joining us now, watching all of it for us. so kristen, why texas and why now?

>> well, first of all, part of this was just an addition of an ad kate to this. joe rogan interview. they have been working on this joe rogan interview for months. the studio is in austin, texas. donald trump finally got this sit down with joe rogan later today, and then they added this austin event, but it's obviously a good time for him to talk about immigration. one of the key issues that he has put on the radar of these voters, voters, because as they look at all of the polling, they still believe that this issue is one, that won donald trump pulls ahead of kamala harris on and to is really important to voters now he's going to be in a border state. why not use the opportunity to talk to the press? but i do want to get into this sit down with joe rogan, as you said, this is one of the most famous podcast really in the world. joe rogan has more than 14 million followers and joe rogan has not always been a fan of donald trump's. in fact, when he sat down with rfk jr. he was a big fan of rfk jr.'s and he said that essentially all politicians were manipulative, except for rfk jr. and one of

the reasons that that comes into play is that once rfk endorsed donald trump, one of the big things that trump's team and allies of both rfk and trump were working on, was this sit-down with joe rogan? they believe that this is essentially the crowning jewel on a strategy that they've been trying to deploy for the last several months which is reaching out to these low propensity voters, meaning voters that don't generally head to the polls these voters don't typically engage with politics in the same way that people who regularly vote do, but they do listen to podcasts and they do potentially follow. joe rogan. and so they're trying to get donald trump to appeal to those people to the people who are outside of the general electorate, who to expand donald trump's own electorate and drive them to the poll in november. they really don't think it should be understated how big of a deal this is for trump's team who had been working on this sit-downs with this podcast with joe rogan for several months now now, the question is

a joe rogan is going to bring up will be fascinating because he i mean, some of his podcasts, interviews go on for long, long, long, long, long time. so we will see all that comes up. but also before donald trump is known for his dark and fearmongering rhetoric. but in this final stretch of the campaign, it seems to be on steroids donald trump has continued to have this fearmongering rhetoric for the last several years. >> but one thing to keep in mind as he believes that this fear based talk, particularly about immigration, helped propel him to the presidency, to the white house in 2016. and now there's a hope it's going to do it again in 20 may 24, take a listen to just some of what he has said at recent campaign experiences you will obliterate our economy, kill millions of jobs, kill thousands of people, do by the way, were like we like a garbage can for the world that's why it's happened. >> that's what's happened were like a garbage can and we

have a lot of towns that haven't yet been infected but they're petrified that they will be, and they will be point out here. >> yes. is languages davis of yeses languages polarizing. but as you said, those new poll numbers show that it is working with at least some of the electorate kristen holmes, great to see you, kristen john. >> all right. let's talk about texas. kate mentioned this. both candidates are going to texas a state that no democrat has won since 1976. a wall doesn't even go back that far. john king wasn't alive then i can't show you that race that jimmy carter, one in texas, joe biden actually did better than any democrat in texas since night 1976, 46.5%. i'm not sure people expect harris to do better, but democrats have been improving somewhat in texas over the years. hillary clinton got 43% there. the democrat who did best in texas statewide over the last ten years or so, at least, major candidate was actually in a senate race

you'll remember beto o'rourke actually got 48%, nearly knocked off ted cruz in that senate race. it was a very democratic year. that's as close as democrats were able to get. let's go back to presidential races here and talk a little bit more about why it's been tightening a little bit over the years. it has to do largely with harris county he which is where kamala harris will be going today? no relation, by the way, harris county is where houston is and the houston urban suburban sprawl that goes on forever. the types of places democrats have been doing better if houston were a state, it would be like the 20th most populous state in the country, the most populous county in texas by far. and you can see that joe biden actually got 56% here. he won by a lot. it's a county where democrats have been doing well over the last few cycles. hillary clinton got 54%. that's a big change from like 20 years ago, george w bush now granted he had been governor of texas. he want harris county easily in his two elections

there, harris county used to be a reliably republican. no longer. now it is a democratic stronghold, but as kate was saying, that's not why kamala harris is going to texas or even harris county today is talk about reproductive rights and abortion and of course, the other big reason she's going to harris county is it is the home county of beyonce that is right. >> all right. here now to discuss what's happening during this final stretch of the presidential race republican strategists, trisha mclaughlin and democratic strategist matt bennett. thank you both for being here. trisha, i must start with you. this is i'm listening to trump. it is getting angry and angrier and he actually said i'm getting angry or an angry or when he's talking about immigration, he used this dark and disturbing rhetoric, calling basically human beings garbage. there's only a sliver of people who are undecided, who say they're undecided is he going to appeal to them or is this just red meat for the base? >> well, this is donald trump, but i think we also have to look at the democrats rhetoric

right now. the closing argument for kamala harris is that donald trump is hitler. we also heard that reiterated last night with hillary clinton saying that trump's rally on sunday and in madison square garden is going to be akin to a nazi heat rally that is disturbing rhetoric. and i have to say, i think it's not just dangerous for this race, but it's dangerous for the country because then things when she says is dangerous for people as well, i think that there's 14,000 according to ice state of 14,000 illegal migrants have been convicted murder. i think that we actually have to look at who's in this country that 14,000 is over decades in over when donald trump, they're still an office. >> absolutely, but they're still in this country. we still have to look at that more than half of americans want mass deportations, but i want to get back to my point because the point is the natural conclusion of calling donald trump a nazi. calling donald trump the next hitler, is that someone will again try to kill him okay. >> and john kelly was the person that called him a fascist, which has his former chief of staff. and so

democrats have been repeating what his former chief of staff said want to note fascism is rude, rude, and in socialism so we got to get the definition correct because donald trump by no means is a socialist and we'll fascism certainly isn't socialism either. >> kamala harris is in texas, a state where economics and immigration are the top issues and border security actually beats those are the top three. but harris rolled out this new ad. she is on her way to texas to stand side-by-side with beyonce and she's focusing on abortion rights abortion isn't even in the top for things that people are concerned about in texas. and the polling bears that out. it's, it's actually number five, matt. so why is this message in a state republicans have won for decades the right message to go out is it for texas or somewhere else?

>> it's definitely for somewhere else. look, texas is the backdrop. but the audience of the swing states, democrats have not really tried to in texas since i started in politics. and mike dukakis picked lloyd benson in 1988, this texas senator, we took a shot at it. we didn't come close john noted, no one's come close a long time. so she's not going down there to try to win texas. it would be great, but it's not going to happen. she went down there to talk to the people in michigan and pennsylvania and wisconsin and elsewhere where the battle has really been joined. and i think the reason she's in texas is because texas famously has one of the most restrictive reproductive rights laws in the country, women in texas have faced enormous barriers to their health. some of them have been put in extreme danger because of what has happened there. and in other places, in other red states so i think it's a very good place for her to be doing this, but let me just respond one, socialism and fascism are very, very

different. fascism is right-wing authoritarianism. and as you noted, donald trump's own chief of staff has said that he wanted to be like hitler, who wanted hitler like generals? the word hitler was interjected into this campaign, not by the harris campaign, but by john kelly alright, let's talk about hillary clinton and some of the folks that have been speaking for kamala harris. >> she spoke to our kaitlan collins last night about how trump has changed since he ran she ran against him in 2016 he's not the seems to be totally obsessed by his grievances, his resentments, his getting even with people. >> and i think when you are living with that much bitterness and that kind of mindset you are not able to communicate effectively because literally you are thinking all the time about who said

something bad about you? >> do the words of those big name politicians and people like beyonce, celebrities. do they make a difference, matt, do you think in voters minds? >> only a little. i think we put probably too much emphasis in politics around support from celebrities. look, no one's going to say no to one of the biggest stars in the world endorsing you are trying to help you. and i think at some level it does help out a little bit of excitement to the campaign, but ultimately voters decide how they feel about these two candidates and i think secretary clinton was right that all we've heard out of trumps calling america the garbage can of the world. he is a nasty, bitter man who is just running for president to protect himself from prosecution and to carry out a vendetta against the people he thinks have wronged him. he's got this enemies list and its

terrorist said, she's got a to-do list. and that's the choice that voters are facing because she wants to talk to you about this new polling that has come out dead heat. i mean, absolutely tied there is no question how close this is in the polls. but there's also another important poll that has come out. and here it is cnbc putting this pullout saying what voters say about down-ballot races that 48% of voters want the gop to control congress, 44% went democrats. how concerned should the party's be about down-ballot races? >> i think they should absolutely be concerned. i mean, we saw the ad that dropped just a week ago from bob casey, who is cozying up to trump i'm saying he supported him and nafta and bucked biden. so i think we're going to over the next week really start to see some division from some of the down ticket. they've got to save themselves kamala harris and donald trump. if what my democrat colleague matt is saying is true, he shouldn't be doing so well in this race, the problem is the economy, the problem is gracian of americans weren't facing 20% higher prices right now quadruple the

inflation and immigration crisis we've probably wouldn't have this close of a race, but kamala harris has shown really know daybreak between her and biden and i think a lot of the american people believe this is going to be biden-harris to 0.0. >> all right. thank you so much, trisha. thank you to you, matt and over to you, john on behalf of spacex. >> welcome home all right. >> new this morning that was nasa crew eight splashing back down on earth a short time ago, they spent a total of 235 days in space. now notably not returning yet. astronauts suni williams and butch wilmore who have been stuck on the international space station since june after a series of safety and technical concerns with the boeing starliner capsule, cnn space and defense correspondent, kristin fisher is with us this morning. i was just told an interesting fact that this team has just returned, were part of like the

most humans ever orbiting earth at once yeah. >> i mean, it was getting a little bit crowded up there at the international space station. john crew-9 just got there and crew eight, the crew that you see there that just returned back to earth very early this morning. they were actually stuck up there a little bit longer than intended. hi guys of all this bad weather back here on earth, they were stuck up at the international space station for several weeks longer than expected because of hurricanes, rough seas, really bad weather. there's all these potential splashdown sites around the coast of florida, that spacex crew dragon dragon capsules can splashdown into, but it wasn't cooperating for weeks, so, you know, john, a lot of people think about the weather has to be really good on launch day. it also has to be really good on splashdown day and you can see right there now the crew of crew-8 being extracted from the crew dragon capsule, you got

there on a boat right there middle of the ocean. so the sea has to be relatively calm in order for the rescue and recovery teams to get out there and get them safely on board. john so bush's sunday, as i noted, there are still stuck up there. >> why could they hit your eyes on this one? >> i know that's the question that everybody has, right. the reality is, when you're dealing with something as complex as spaceflight, nasa, and spacex, they like to keep things as planned as possible. and so this spacecraft has been traveling with crew eight or the crew that just got back to earth since they got up there back in march, it was configured for them, things like, weight, body weight, and mass that's all the spacecraft is configured. tailor-made just for this crew. and so rather than try to stick butch and sunny on board, which would have introduced quite a few variables. nasa decided to leave two crew members, auof crew-9, and fly that mission up with two empty seats. so

that's why they did it to minimize the variables and the changes in this crew rotation. and because these guys have been crew-8, they've been up there a lot longer than butch and sunny. they've been up there since march, butch and sunny have only been up there since june and they had displayed even though this was only the starliner mission was only supposed to be less than two weeks. they had trained for a long duration mission, john, so nasa decided, you know what, let's keep if things as routine as possible, and therefore, butch and sunny are up there until february, hope they have some good books. >> kristin fisher. thank you very much gateway. >> can you can you guys hear that video of riley? but after he gets out of the capsule there, like putting him on to the i'm going to call looks almost like a stretcher and they're trying to queued up i now think we need to start a campaign of that's exactly how we should be taken out of the studio every day after three hours and standing here i know we i know i haven't been in space since march and i know

i'm a little more acclimated to gravity than this this wonderfully genius of an astronaut is but ask, i'm kind of feeling that way some days at the end of the week that's what news does to me. >> every time. >> just take me away. okay. let's move on to this cases of walking pneumonia are surging among children and the cdc is now recommending a completely different treatment for them healthy snack or worth of art valued at one-and-a-half million dollars. the story behind this viral banana. >> he's we've been returned with three episodes. >> how would kevin you ever sold starting sunday, november 17 and not decks, ma'am, g7 is one of the easiest ways to take better control of your diabetes this small wearable replaced this finger sticks, lowers. they went see and it's covered by medicare not managing your diabetes really a affects your health for the future of the

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for decades for shooting and murdering their parents in their beverly hills home. now, after review of new evidence that the brothers attorney says proved that they were abused by their father for years. the da now says this they have been in prison for nearly 35 years their debt to society i'm both a and a ryan murphy hit show also has helped reignite intense interest around their case, joining us right now for some perspective on where this goes from here is attorney areva martin. >> it's good to see a rebel this is ultimately decided by an la superior court judge who's going to hear arguments on both sides of this. is there any chance that you think they do that? the judge does not agree with the district attorney's assessment this is a done deal at all with

the district attorney told us yesterday, is that his office is terribly divided on whether he should have even made the recommendation regarding re-sentencing. and he said, in fact, he expected members from his own office, his own district attorney's office to be in court on the date of the oral argument to argue in opposition to the re-sentencing. and we also know they kitty menendez is brother has been adamantly opposed to any re-sentencing that we should expect to hear from him in a brief, also stating his opposition. so i don't think we should assume that the judge automatically we accept the recommendation we've seen other cases, even cases involving the death penalty in execution, where judges have rejected recommendations made by district attorney's offices to extend or delay the execution they will also heard the da say that the attention brought by the netflix dock and the ryan murphy series at least in part

was some of the motivation for him igniting this kicking kickstarting this review should that have been a factor for the da troubling and disturbing statement by the da in my opinion, because it says that if your case is sexy enough, if it gets the attention of hollywood executives writers, and producers, then you get more moved to the front of the lie that the district attorney tried to blunt that statement by saying he is reviewed over 300 or his office has reviewed over 300 cases cases for re-sentencing. but this is an election year. this district attorney is on the ballot in a very contentious race, and his opponents said this is just a political stunt. this is just a way for him to curry favor with voters, and it does raise questions about who gets in the line first to have their cases re-sentenced, or at least re-evaluated

this gets to what the brothers have talked about had been said basically all along, which was that they had been sexually abused by their father for years. and what happened? in the way back machine during their cases, that kind of allegation of sexual abuse was not really considered it when it came to when it came to their murder conviction i lay that out there because i now wonder, could a judge's decision here, if they take if they if they say, look, we've reviewed this evidence and we see how society society has evolved in there in their interpretation in reaction to sexual abuse and so now i'm going to reconsider this and re-sentenced this. could a judge's decision with regard to this impact other convictions and other sentences for other people. i don't know with similar ish circumstances still currently in prison and again, the issue of whether these two men are receiving

some kind of preferential treatment because of the wealth at their family has, because of the attention that has been brought to the drawn to their case because of these hollywood film series and it does suggest that maybe other individuals who are in similar situations, maybe whose cases involve sexual assault, sexual abuse evidenced that wasn't us. is this district attorney's office ready to review all of those cases that may have similar effects. we do know that there has been a change in the way that we as a society view sexual assault sexual abuse, particularly as it relates submit. but i think kate, the disturbing part about this case is there was never any allegations that the mother engaged in any kind of sexual conduct with her son's and the district attorney himself said that these were premeditated murders. he rejected the notion that manslaughter would have been the appropriate charge. he says that they planned and killed both their mother and their father. so even with the

consideration of these sexual abuse, not clear that the outcome would have been any different river, martin. >> thank you all right maddock video shows first responders rescuing a woman from a burning home in ohio. as the fire spread i'd from the garage, the house, firefighters. you see there they broke a small basement window and one went inside. he helped boost the woman up so that she could then be pulled to safety. through that window for rescue woman along with six first responders will all treated for smoke inhalation at local hospitals and released those pictures are just stunning. thank goodness. she's okay all right. >> tonight the world series kicking off between two of the most storied baseball teams in history, the la dodgers rodgers, and the new york yankees. and it's expected to be the most expensive ever diehard fans have been shelling out an average of 17 1700s $2 to see superstar shohei ohtani and aaron judge, go ahead to

head and a defiant work of pure genius or a joke, a trick, a fool's errand. the art world may be split on whether this installation is art or not, but sotheby's isn't this banana and duct-taped? combo titled comedian went viral back in 2019 at the iconic art basel miami beach fair. >> a fresher version is on sale again and set to be inspecting hello sell it for over 1 million bucks. >> some assembly required watch out for rotting artists missouri aot, catalan calls it a work of cost commentary and reflection on what we value i have to ask you. so the banana or the, or the crocs for dogs, what is your choice? >> i actually like the duct tape. i do think they would they duct-taped really has no limit on value. it's very useful and the rotting banana bananas, dive a dozen dark day with millions. >> all right, new this morning, the cdc reports that cases of

walking pneumonia are surging, especially among children walking him. >> one, i think it's just a milder version of an ammonia but still pretty scary. want to bring in cnn health reporter jacqueline howard has more i wife can tell you. i've had pneumonia a few times. i blame her, so i take this pretty seriously. but what's going on here yeah. >> what's going on, john, we have seen this rise and walking pneumonia cases among young children really over the past six months, what we've seen is the percentage of emergency department visits where are the bacterium that causes walking pneumonia, excuse me, it's called mycoplasma pneumonia. that percentage of emergency department visits where this bacterium has been tested positive for has risen from around one to 3% of visits among kids in late march, early april, 2. now, earlier this month been about more than 7% of emergency does he department visits. so we are seeing an increase in the prevalence of this mycoplasma pneumonia and symptoms to look out for include fever, cough, a