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 slowly

increasing cough that gradually becomes more and more constant. and that's what you want to look out for if you do have respiratory the illness symptoms like this, see your doctor get tested for what's causing those symptoms, and then seek treatment because mycoplasma pneumonia, it's treated differently in a way because it's resistant to some common antibiotics like penicillin. it's treated with other types of antibiotics depending on your age, like macrolides, which we know commonly as a z-pak, for instance. so that's why it's important to get tested for this. and it is becoming more prevalent, john. >> yeah, make sure you get checked out. take it very seriously. jacqueline howard. thank you very much. got a lot news to come in. brand new hour of cnn news central starts now is talking productive rights with a texas sized backdrop and beyonce by her side. >> donald trump is facing a new sexual assault allegation from

a former sports illustrated model. what she said happened with donald trump and jeffrey epstein in the room a grieving mother is suing a tech company right now. she says aui chatbot drove her son to suicide. i'm kate bolduan with john berman and sara sidner. this is cnn new central ventral race polling tighter than ever. did his neck-to-neck. >> and the candidates have just 11 days left to make their case to voters. a new, new york times-sienna college poll shows common well, harris and donald trump deadlocked at exactly 48% each. so clearly, no clear winner in this race from people who are pulled the new numbers again, putting the spotlight on those all important battleground saints. but today, both harris and trump are headed to a reliably red state,

texas. trump will be in austin focusing on immigration and migrant crime. as he tries to use fear to motivate voters we're dumping ground were like we like a garbage can for the world that's what's happened. that's what's happened to we're like a garbage can you know, it's the first time i've ever said that every time i come up and talk about what they've done to our country, i get angry and angrier first time i've ever said garbage can, but you know what is a very accurate description his rhetoric, getting angrier and angrier there, he admitting that himself, the vice president meanwhile, emphasizing to voters that a second trump presidency will bring brutally serious consequences this is not 2016 or 2020 the stakes are even higher because over the last two years, and particularly the last eight years, donald trump has become more confused more

unstable and more angry today, harris will be in houston where her campaign says, she'll be delivering a major address on reproductive freedom. >> and by her side the one and only beyonce, cnn senior political analyst mark preston is joining us now. all right. what is one big thing for the harris campaign this morning? and i have a feeling i know what you're going to say. >> oh, i just the queen, right? i mean, that is, i mean, look, do you remember sara sara, for viewers out there? sara and i were together out in chicago during the democratic national convention on that last day. look, there are no surprises in politics anymore on that last day. every major news organization, every major player in policy well, it takes was trying to figure out whether or not beyonce was going to show up and do a surprise endorsement. or performance that happened. all day. the anticipation was so very high why, why is it important? it's important because she has such an

influence and outsize influence, right now in american culture and kin her support be enough yet some women look, it's directed at women. let's be very clear. is it enough to get some women off the coaches in some of these states that are important, michigan, pennsylvania, and north carolina, georgia all right. >> let's go to this the new york times is out with this new polling this morning showing the race is in a literal dead heat, not plus or minus, but in a dead heat less than two weeks to go what would you warn voters about what to expect knowing how tight this may be on election night let's be very clear if we go back to the 2020 election nearly 160 million people voted, okay. >> the likelihood is going to be called on election night is 0.0. now if you're a betting person i'm like, i think berman i think berman is. >> but if you are a betting person, sara you would take the over.

>> don't bet on you know, don't bet on the the players in the game because we don't know. it's such a toss-up. but what we do know, or at least we're led to believe because of what we know from past history, we know how difficult it is to count all these numbers. it's going to be a few days before we really know who's going to be the next president of the united states it is hard to be patient for most of us, but we need to heed the warnings. >> alright. harris is set to speak about reproductive rights. you mentioned today in texas trump pounding away on harris when it comes to immigration, which does she was most important to voters and will resonate because obviously, in talking to those around harris, this message from texas isn't just for texas oh my gosh. >> it's happening in texas, but it's really being something that's to be broadcast throughout to these very important states. again, i'd mentioned some of them earlier. you could add a couple to them such as arizona in nevada, but the idea let's talk about harrison in abortion first. i will tell you this anecdotal evidence. now is that

when taylor swift got involved in the election, there was a movement among some women to try to go and get their ballots. now, i know that from what i've heard from friends and they were either getting their ballots from states where they live that were important, such as pennsylvania or they were registering to vote in the state where they go to college, such as wisconsin and north carolina. so when they're talking about reproductive rights tonight, it's directed at all of those women who really believed that this is the number one issue for them when it gets to donald trump, though, look, he's trying to get out the last bit of his base right now. he is staying true to what he thinks is a winning message. and i think you've noted it earlier. it's fear, it's fair. it's fair mark preston. it is always a pleasure. pleasure, pleasure to have you on. thank you so much for being here this morning early this morning, the trump campaign is lashing out at a former sports illustrated swimsuit model as the candidate

is facing a new allegation of sexual assault stacey williams says the donald trump groped her in front of jeffrey epstein back in the 90s. >> listen to this the hands started moving and they were on the, 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 sorry i froze us, cnn. >> sunlen got the sit down interview there with stacey williams and walk us through if you can, sunlen, what stacey williams has happened well this goes back kate to 1993, stacey williams says at the time that she was dating jeffrey epstein, it was kind of a casual situation. they're walking down fifth avenue and epps stein says, let's pop up into trump tower and visit trump. they go up and she says almost

immediately, trump is outside the elevators to greet them. and she says, the second trump was in front of her that's when he started putting her his hands on her. she says that he put her hands on her breasts and her but in this app lasted for over a minute. and notably she says that while trump was groping her, that epstein and trump or they're talking smiling with each other as this was allegedly happening she was frozen. she says she was shocked in that moment and she felt like she was part of this game between the two men. here's more of what she told me sickening feeling that it was coordinated, that somehow the whole thing was i was rolled in there like a piece of meat for some kind of weird twisted game. and after this happened, william says that they went down her an epstein were out on the sidewalk and epstein then berated her for not trying to stop it that really set off he says this a cycle of shame for

her and she really locked in keyed it, kept it really inside of her for many, many years, she didn't tell someone. she says until over a decade later. and cnn has talked to three friends of williams. they said that they told her of this incident in 2006, 2015, and and 2016 the trump campaign meantime, is denying these allegations well while she you talk about when she even first spoke about it at all was a decade after it happened, and she really just spoke of it publicly for the first time this week. >> and it was during an event in support of kamala harris the donald trump campaign saw that and said, this, calling this politically motivated in what she's saying and the timing of when she's coming out. what how is she responding? >> valid question and something that i talked to her about in this interview, she said that before she was not ready to talk about she is now largely she said that was family considerations over the last 30 years or so. but as far as this particular moment, she decided to do that zoom call with the

drivers for kamala because of this other documentary shooting alluded to that documentary aired this past weekend and she said it's out there. i want to give context to it. >> sunlen. thank you so much. it's good to see you john all right. >> with us now, is congressman eric swalwell, a democrat from california congressman. thanks so much for being with us. i was just looking at the brand new new york times-sienna college poll it found that 15% of people they pulled say they are not fully decided, 15% i. wonder what impact on them you think this story that sunlen just reported on might have because accusations like this against donald trump they're not new people have heard these types of things before >> jargons donald trump of sexual assault sounds a lot like the one that he was recently judged in a court to have committed. and that has been held up on appeal. and so

we're not hearing something that is wildly out of the ordinary. and i think that's going to be quite concerning to folks who are undecided my experience also in undecided races is that when you have a candidate who is so well-known, let's just give donald trump 100% name identification and folks are still undecided near the end. they're going to break toward the person that is new and so they're still learning about kamala harris. this is a time for her to make the case that she's going to restore decency to the office, that it's not going to be a presidency about her. it's going to be a presidency about you and what your needs are, and that we don't have to deal with donald trump's personal criminal, civil issues that would make a mess of his next presidents so congressman, you are in what i think is considered pretty safe. seat in california, yet you've been running ads about donald trump, including this new one, which

we got to look at. >> i want to play a little bit of it right now. >> we were so worried they're eating the dog. she wasn't making any sense. come in the end. he just kept getting worse than a friend told us there was somewhere he could get the help he so desperately needed called a place for trump person woman man, camera, tv. >> so this november, let's vote to put him in a place for trump because we all know he belongs in a home just, not this one here? >> and i asked that because there seems to be a little bit of a mixed message in this case, you are, i think making fun of donald trump. it is safe to say in this case yeah. there is a message from some democrats, including the candidate that he is a existential threat to democracy john, he's also in cognitive

decline and that ad, donald trump makes it a little too on the nose, the way that he's acted in the last week, standing almost completely frozen on stage for nearly 30 minutes. >> he's almost 80-years-old. he continues to talk about completely, irrelevant material when he's talking to his supporters. and so the argument is you may like donald trump. he may appeal to you in some ways with his policies, but the last place we want to put him is that the white house where he can make decisions about our lives? he's just not ready for prime time. and yes, humor i think sometimes is the best way to land a point, but his default and if you do believe that folks will regress to the mean, his default of course is a fascist like tendency during the time that he can have a cognitive ability. and that's not an accusation that i'm making that's an accusation that comes from people who have

worked for him at the most senior level. >> but do you see what i'm saying that there may be some cognitive dissonance between making a joke about donald trump like that and saying he is a fascist. the two things seem a little bit separate and i do want to note there's this new poll from abc news and ipsos today, which found that 49%, about half of the population see donald trump as a fascist with their lives. i meet independents and republicans. many of them are my family members who tell me they just want to get back to their lives. they don't want to wake up every morning and checked twitter and see what he's tweeting from the toilet they want to get back to their own lives. and that's part of the case. it's the kamala harris was making she's going to focus on what you need in your life. and this is not going to be another me, me, me presidency okay. >> you need in your life. >> so she's giving a speech on

tuesday on the ellipse. >> clearly to mark the location where donald trump delivered that speech on january 6. again, focused on the threat to democracy and whatnot. do you think that people, the voters visually, the undecided voters see that as something that affects their daily lives, more or less then prices, then health care undecided voters want and america that has free market capitalism, not free for all capitalism. >> they want a rule of law where all of us are treated the same, not one set of rules for a president who thinks that he's above the law. and another set of rules for those who are deemed his enemy, they want a land where women have reproductive rights. that's why she's going to houston today to really animate that issue. so they're concerned about all of these issues and yes, of course, they want to know that if they work hard, they can buy their first home, which is why kamala harris, as a $25,000

down payment plan for first-time homebuyers. this these are all factors and i think in these closing days, she's hitting on all of them. >> all right. congressman eric swalwell, appreciate your time this morning. thank you. >> my pleasure all right. >> this morning, the menendez brothers could be one step closer to getting out of prison more than three decades after being convicted of murdering both of them. parents why the case is coming back to court. >> plus is elon musk super pac defying the doj, the group giving out two more big money prices flight warnings that what they're doing might be illegal and election workers across the country are bracing themselves for unrest and destructions their story ahead publicly, more people say and turns out i have enough money and. just shut, off but doctors i can carve sunday at nine on

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deadlines sink most renovation project is three months past the deadline, but this is when allison is at her best. i love it windy city rehab all new tuesday night at 8:00 on hgtv new this morning, election workers across the country are becoming increasingly concerned that some groups have poll watchers may disrupt and cause problems for voters and poll workers on election day, the rnc and several other conservative groups have i've been working to recruit what they say will be an army servers, including many who doubted the 2020 election results. >> cnn, sara murray is joining us now. what are you hearing from these election workers? >> well, i think there's just some uncertainty about how this is actually going to play out. this here, you know, over the summer in wisconsin, there was an incident or poll watchers showed up and were very disruptive. they had to be removed by police. as we're looking ahead to again, election day and just a couple

of weeks, we see that in georgia, there are a number of these folks on the statewide poll watchers list put forward by the republican party, who are people who have spread conspiracies about the election or served as fake electors in georgia in 2020. and we see from the public versions of these rnc election worker trainings that they are very attractive to people who are skeptical of the 2020 results. take a listen to someone who attended one of these poll-watcher trainings and wisconsin i want to protect the vote in the last time we had the election and i believe it was wrong. >> and i want to make sure that we can get the right amount of ballots in the boxes that are supposed to be where they're supposed to speak so what election officials want to do is they want to make sure that if someone shows up who as a poll-watcher who is an election skeptic that they don't disrupt the process. >> and we talked to a number of election officials who believe there won't be disruptions. they think that people will not want to get kicked out of a polling site or accounting place so that they will

actually be on their best behavior even if they have their own thoughts about things that might be going wrong. but officials have taken just so many more steps than they have. and really any previous election to prepare for any possible disturbance, anything that may need to be escalated to law enforcement and essentially to prepare to remove people from the premises if they do try to interfere with a voter's ability to cast a ballot and we've also heard some shade, frankly, sara, from some of the folks on the left who say, they just don't think that thousands of people, the rnc is promising are actually going to manifest at these polling places and vote counting sites. so we will see who actually shows up in november i remember well, in detroit where people were banging on the window as the votes were being counted. so a lot of concern on the part of election workers, especially because of what happened to shaye moss and ruby freeman a lot going on, sara murray and we will be there on the ground and all of the different important states to talk place on election day. all the places, all right, thank you so much. there, john.

>> right. so is elon musk poking be legal bear his super pac hands out more million dollars prizes, even after a justice department warning and the owners of the cargo ship responsible for the deadly baltimore bridge collapse agree to pay big the fund experienced. the cnn magic wall in the palm of your hand. get live results expert insights and an immersive election experience. the magic wall, find it in the cnn app today at humana, we believe your health care should evolve with you. >> and part of that evolution means choosing the right medicare plan for you. humana can help hi, my name is sam davis and i'm going to tell you about medicare advantage prescription drug plans that can provide more coverage than original medicare including prescription drug coverage all wrapped up into one convenient plan. with, original medicare.

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payments may be illegal. then you checks are the first since cnn has learned that doj sent a letter saying the sweepstakes may be violating election laws. >> cnn's marshall cohen has the very latest marshall, what are

you learning about this? >> hey, good morning, kate. well, we've got a standoff now with the justice department on one side warning that this might be illegal and elon musk super pac on the other side moving full speed ahead. so it's been a wild week. let's remember how we got here. go back to saturday. elon musk campaign coming in support of donald trump in pennsylvania. he announced that he was going to give away 1 million each day to people who sign his petition in support of the constitution. but if you look at the fine print on his super pacs website, only registered voters in swing states are eligible to sign. that is the problem because you cannot, according to federal law, connect the act of registration to cash incentives or prizes and legal experts. and apparently the folks at the justice department as well immediately drew some concerns, raised some objections we reported on

wednesday that the justice department had sent that warning letter to the musk super pac musk's group did not name a winner on wednesday and that sort of raise a lot of eyebrows. maybe they were shutting it down, but late last night they announced two more winners, 1 million to registered voters in michigan and wisconsin. so it looks like they are moving forward with if this program, even though they have been warned by federal law enforcement that it might be illegal, and marshall, there's also new data this morning about elon musk's huge spending on this election with a super pac. >> what are you learning? >> yeah so this, money is being doled out by the super pac, which is funded almost entirely by elon musk, the richest man in the world. we learned late last night, thanks to our colleague david wright, who was checking all the fec filings that elon musk has plowed an additional 43 million this month into the super pac, which is called america pac 43

million this month, add that on top of the 75 million that he's already given for a grand total of $118 million that elon musk is using to try to get donald trump back in the white house. a huge injection of cash from the wealthiest it's man in the world to try to reelect donald trump marshall cohen. >> thank you so much. sir. all right. >> it can't get any closer than this friends a new poll shows the country is deadlocked half for harris have for trump just days until the election and could the menendez brothers be freemen sue the la county da says they should be re-sentenced decades after being locked up for murdering their path those stories ahead answers astute political analysis of questions, au biden said, the right both stayed away why did trump pulled out of 60 minutes? i love pulling out those networks of i got

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statement or berkeley hard to play that's going to alle know he's a tough game. >> knights. >> wednesday at 9:30 on tnt home of the stanley cup final alright. we told you the new, new york times-sienna college poll out today shows the race tied like exactly tied at 48% which raises the possibility that we could see something in this election that we have barely seen in generations. >> cnn, harry enten here to explain what am i speaking? >> what are you speaking of? trump may win the popular vote. john, you know everyone has been talking about this idea that trump may win in the electoral college. but kamala harris may win the popular vote. but trump may finally get his great white whale harris versus trump national margin. you mentioned that new york times poll a tie. that's actually right in the middle of

the spectrum when we're talking about recent polling data, you don't have to look very far to find donald trump ahead nationally. he was up by two points in a cnbc poll, up by three in the wall street journal poll, very close races within the margin of error. but then the same thing on the other side, right? yeah. harris up by three points according to ipsos, the say, 24 yougov poll, it's a bunch of academics also has harris up by three, but the bottom line is with the popular vote, which we really haven't focused upon a very, very tight race. john, fact is donald trump is very much in a position he could win the popular vote, which of course is something he would absolutely love to do and would be something very different than we have seen compared to last time in the polling, compared to last time, exactly right. >> so i went back through the time machine. alright, i went back to the time that machine is see where were the past two racist at this point in the campaign. look, harris in the average poll, right? right now, it's up by one. well within the margin of error, you go back four years ago, joe biden was well ahead of donald trump

in the national popular vote polls, he was up by nine, even hillary clinton was up by six points. so now donald trump's in a position he really hasn't been before at this point in the campaign where he could truly compete and we can truly say that the popular vote at this point is way too close to call of course, this is only going back eight years. i wanted to jump even further back in my time machine again, understanding, hey, i haven't heard about her republican potentially winning the popular vote in a while. and it turns out a republican winning the popular vote. it hasn't happened since 2004. and george w bush defeating john kerry. and that's only the one time and that it has happened. in fact, you have to go all the way back, all the way back to 1,988 to find another one when it was george w bush, his father, george hw bush, winning the popular vote over michael dukakis. so the fact that the polls right now were so close, john, the fact that donald trump has a legitimate shot of winning the popular vote is something i think a lot of folks, including a minor helena work, really didn't think of possibly happen when donald trump was running last time around, he could make history not just for donald trump, for

republican candidate as well now, there are some reasons for this, and i think democrats heads are all it's floating out there watching this right now. >> there are some reasons for this, which you're gonna explain, but also begin to raise the possibility that we could see the reverse. we could see the reverse of things we've seen where a republican wins the popular vote. but there's a chance for the democrat to win the electoral. >> part of my job is to warn our viewers on either side of the aisle of an event that may occur that they don't necessarily like and donald trump winning the popular vote could absolutely happen. you might as well wrap your mind around that now, folks, if you don't like donald trump, but on the flip side of that, a potentially good sign for democrats is, why is donald trump doing so on the popular vote polls, you can dig down into the state level polling and you can c that donald trump is doing particularly well in california, florida, new york, and texas. of course, none of these states are really on the board at this point. so donald trump may end up gaining in the national popular vote, but actually it's wasting votes which could in fact lead to a case where kamala harris could

sneak buying the electoral college by sweeping those great lake battleground states, which at this point are way too close to call john. that's right. it'd be interesting to see then if all that talk about electoral college reform takes on a bit of a new light it may, in 2000 remember folks thought that al gore, when the electoral college and losing the popular vote, it turns out they were all wrong. >> all right. there you have it there. >> you haven't joining us right now is republican congressman from minnesota, member of house republican leadership also a surrogate for the trump campaign. tom ever tom emmer, a congressman. thanks for coming back and appreciate your time so you have in this national poll is harry and john have been talking about this national poll. the final national florida the new york times, kamala harris and donald trump are in a dead heat. they are tied abc news has a new poll out this morning of voters. then their survey. inside that survey, their survey found that half of the country sees donald trump as a fashion yes. here's the quote, congressman, 49% of registered voters in the national surveys say trump is a fascist defined as a political extremist who seeks to act as a dictator

disregards individual rights and threatens or uses force against their opponents. 49% that is a high number. does it worry you morning. donald trump is going to win this election and he's going to win the election because the closing message has been the message all at all along commonly you broke it, donald trump is going to fix it. donald trump has a positive message for the future for americans on the issues they care about most the economy, the border crime, the crises all around the globe. donald trump is here to fix those. he's done it before. he's going to do it again. that's why he's going to win in november we're fifth in 11 days okay. >> so i'm going to i'm going to decipher you say you're saying it does not worry you to my question about care about kate is the economy it's been impossible for families to buy groceries,

to put gas in their tanks they care about this wide open border and the terrorists and criminals have been coming across our southern border and they are constantly surrounded that did not exist under donald trump. these issues absolutely. top top of the list in terms of what your list tops the list, topping the list of priorities for voters i have heard what i'm deciphered is a similar reaction from other republicans to the two john kelly, the latest john kelly, mark milley coming out to say that donald trump, they see fits the definition of a fascist. the reaction i'm getting from republicans is that this is baked in with voters, that it's not going to matter to their vote. are you personally okay. if donald trump says that he wants his generals to be like hitler's generals. >> kate again, when you talk about this stuff, you want to talk about anything but what

the american people care about. >> the american people care about your economy. the american, i even wanted they want to make sure that their kids have a better future. you and i we tend by the way you can for you to suggest that only republicans are worried about this it's all americans that's why you're going to find a topic care about these acts were doing and this thing again. >> all right. let's do this. the question was, if let's make a deal, i asked this question, you answer it, you answer the actual question and we'll move on to another issue. let's try it this way. do you personally are you personally okay. if donald trump says that he wants his generals to be like hitler's generals. >> americans do not want to talk about that. they want to talk about the economy. they want to talk about the border. they want to talk about settling the problems all around the world. kate, you guys want to talk about anything but that donald trump is talking about the things that matter to the american public she broke it. he's going to fix it. that's why he's

going to get elected on november 5 one, you know, that's not true and i know, you know, that's not true because you you and i have covered you for a long time. >> we talk about all of the issues you know that i know that we just an entire town hall with kamala harris talking about all of these issues. so we can put that to rest. let's talk about fred upton. he's a man, you know, well, he's talking about those issues. david axelrod said her answers at the town hall were a bunch of word salad and non-answers. so i don't know how you could say you covered the issues that all hamas ao harris talks about is how she dislikes donald trump. >> just stop for a second. you said why aren't you guys talking about those issues? i say we aren't talking about those issues. and then you're criticizing me for not talking about the issues because david axelrod's analysis that she because you're not holding the candidates accountable? she is not answering the question. okay. kate, she's not answering the questions and you don't hold her accountable congressman pot calling kettle black, you're not answering my questions. >> you're not answering my

questions. >> that's because what the american people, what the people want to talk about, they want to know what the solution is. to double-digit inflation in the high prices they want to know who's going to secure that southern border. she's left it wide open. they want to know who is going to restore peace around the globe. donald trump's done it they broke it. he's going to fix it. that's why he's going to win in 11 days. >> do you agree that you have not been answering my direct questions what the american people are concerned about. >> it seems that our press wants to talk about anything but what this election is all about. and by the way, that's why you're going to wake up on november 6 and find out that it doesn't matter if you're republican or a democrat, you're an american. it hasn't been working. we need to change and the changes donald j. trump, he's going to fix what they've broken congressman tom emmer. >> thank you for your time thank you. kate happening today, a bombshell twist in a

high-profile murder case, the los angeles district attorney says he will ask a judge to re-sentenced erik and lyle menendez potentially opening the way to them being released from prison. the brothers who are now in their 50s have been in prison since 1990. they were sentenced to life without parole parole for killing their parents, erik and lyle menendez say they were driven to murder after years of sexual abuse by their father. much of the defense evidence about the abuse was excluded at their last trial. but they were found guilty. the la district attorney says the brothers have paid their debt to society and deserve the opportunity to be re-evaluated. cnn's jean casarez is joining us now the seemed to happen this decision fairly quickly how would this even work but it's did work quickly and even, even quicker than we thought and we didn't know that district attorney was going to come out yesterday with this. >> it was a very fast fast decision within his office and there was so much pr and it was

there was a recreation on netflix that has everybody's watching it, right? kim kardashian went to the prison with one of the actors. so how this is going to work is that the district attorney had focused a lot on new evidence because he's been on a lot of shows talking about this new evidence, a letter that erik menendez wrote to his cousin, but i did research in this letter is going around and for a while. it is not brand new evidence that has just been discovered, but also the menendez, one of the members of the menudo group had a sworn affidavit that he had been assaulted by their father, but yesterday, he didn't mention any of that new evidence. his focus was rehabilitation to the top crime and california premeditated murder. i want you to listen in his own words and he said there's a lot of division in our office on this, but this is my decision. listen nearly 35 years

their debt to society and the system provides a vehicle by a parole boar and then they parole concurs with my assessment. >> and it will be their decision so the district attorney gascon wants a re-sentencing and he wants this from a first-degree premeditated murder without the possibility of parole to be re sentenced to murder well, this is a double murder so it's 50 years to life, but he wants them considered to be youthful offenders. >> they were adults when it happened at kenan 21. and then they could get out at this point and be paroled. a judge will have to go through it and look at it. they're going to have to assess the whole case then it goes to a parole board. >> but remember, they found two shotguns.

>> they talked about murdering their parents for a long time sexual abuse and assault, which may have happened. we don't know. they say it did many people believe it did. it didn't come out until the defense formulated their defense for the trial. but the but the reality is this can help them in getting out because of their age, the trauma they went through, and the length of time that they'd been in prison. but then it says a standard yeah, there's a couple of things here that i just wanted to touch on. >> heard the da talking about this, you know attention that this is getting, whether it'd be netflix or online people responding and saying that he should be getting out and he said that that was part of his it's calculation which is very unusual for a da to say that usually the only stick to the facts of the case that were in court. and then what does this mean for those who are poor who don't have the kind of attention that the menendez brothers have gotten for their cases. >> know, i thought of that i thought of that because it changes the standard now this is california, but let's look at ethan crumbley in michigan.

all right. ethan crumbley was an abusive household. it was emotional abuse. he was a youthful offender this could apply to him also and he premeditated a mass school shooting. but here's what's interesting. george gascon is up for reelection in a little over a week. the los angeles times is reporting that he is behind by 30 percentage points, 30% so he says this has nothing to do with his reelection. he met want this for his legacy, but he's definitely trying to push this out there before the election for some reason. >> all right. jean casarez. thank you so much. appreciate it. john. >> all right. this morning, a mother is filing a lawsuit after she says a lifelike chat bot caused her son to take his own life i've plus, how do you top bruce springsteen, brock obama, and tyler perry well, you bring out the queen

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with the trump campaign. >> and this is cnn manipulative. >> that is how a mother is describing an ai chatbot that she says drove her son to suicide. meghan garcia says that her 14-year-old son, you see right there was involved in a month's long on virtual emotional relationship with a chatbot from a tech company, character ai. she's now suing the company and she says that the chat bot sent messages with language that may have encouraged her son to take his own life that you might not have heard about what you need to know about it because in my opinion, in my opinion, we are behind the eight ball here i child is gone my child's gone. >> this is a platform that the designers chose to put out without proper guardrails. safety measures are testing and

it is a product that is designed to keep our kids addicted and to manipulate them cnn's clare duffy is here now with more on this. >> this is so sad tell us about bring us up to speed on the story and tell us about this chatbot and what, how it works. yet character ai is a little bit different from other chatbots like chatgpt, because you can talk to a range of different pre-trained chaplain both are often modeled after celebrities or fictional characters. they also do more than just chatting. they include these conversational cues that are kind of human-like, like i furrowed my brow i said this to you and it sort of creates this fantasy world for users. and in that lawsuit that this mother has now filed an in her conversation with me, she said that as her son's school started using this platform he started to withdraw from his family. he had behavioral issues, school issues, but she thought at the time it was just kind of teenage blues. he was 14. she says it wasn't until

after his death that he she realized the extensive conversations he was having. some of them were really sexual and some of them are here expressing these thoughts of self-harm and suicide. and she said the bot did not respond appropriately in his last conversation with the bot, which was moments before he died, i want to bring it up for you on the screen. bhatt is asking him to come home to me and i want to play for you. what how meghan described this conversation to me when i think of how scared and my baby must have been trying to work through this you know, in those moments and then being encouraged by something that's not human but the ability to >> to say, i come home, i am here waiting for you. it was hard to listen to that it was also very confusing because i didn't quite understand like how ai chat bot could respond

like a person and as you hear there, i mean, meghan says that she wished her son had never had access to character ai at all, but she was at the very least, there was some kind of pop pop up with resources for a suicide hotline, something rather than she said, encouraging him she is suing the company. how is the company responding? >> so a spokesperson told me the company isn't commenting on the pending litigation, but that it's heartbroken over the loss of one of its users. in a statement that company said, we take the safety of our users very seriously and our trust and safety safety team has implemented numerous new safety measures over the past six months, including a pop-up directing users to the national suicide prevention lifeline that is triggered by terms of self-harm arm or suicidal ideation. the company has also ruled out other updates like letting users know once they spent an hour on the platform. but meghan says this is too little too late for her family i mean, that's so sad. the whole thing. clare, thank you for shining a light on it really appreciate it. thanks. and as were just discussing, we

always want to note if you are struggling or no the one who's struggling and need to help please call the suicide and crisis hotline at 988 sara. >> all right. >> on our radar, former omicron, me and fitch ceo michael jeffries the co-defendants, james jacobson, will be arraigned in federal court this afternoon in new york. the indictment against them claims at jefferies and two others ran a sex trafficking scheme in which they would recruit young men using modeling offers to engage in sex events. jefferies stepped down as ceo in 2014, having run the company since 1990 andy to the owners of the massive cargo ship responsible for that deadly bridge collapse in baltimore have agreed to pay 100 million in a civil settle well met with the justice department. the doj alleged the company's cost cutting measures and negligence led to the disaster that killed six construction workers for someone in georgia is 478