education of milliononres." thanks so much for being with us. this week is a special week for us as we continue to interview the presidential contenders and we'll talk with newt gingrich on wednesday. we'll look forward to that. we'll see you tomorrow. first, "anderson cooper 360" starts now. erin thanks, we begin, everyone, keeping them honest tonight. herman cain says he's the victim of a witch hunt. politico says two women accused him of sexual harassment and were paid in part for their silence about whatever did or did not happen. now mr. cain's story seems to be changing. jonathan martin and others first broke the news. he joins us in a moment. sunday morning when he tried to ask herman cain for comment on his reporting. >> last question, last question.

>> i'm trying to -- >> that is the last question. thanks. last question. >> mr. cain also said, quote, i'm not going to comment about two people who you won't tell me who they are. he's talking about the two women mentioned but not named in the politico story. former employees of the restaurant trade association, a group cain headed. they and others complained to colleagues about their boss' inappropriate behavior. politico citing but not naming sources say that the women complained of sexually suggestive behavior by cain that made them angry and uncomfortable. both women left the nra and reached five-figure money settlements which included nondisclosure agreements. this morning on fox news cain denied the allegations and said he was unaware then or now of any settlement. >> if the restaurant association

did a settlement, i am not -- i wasn't even aware of it. i hope it wasn't for much because nothing happened. so if that was a settlement, it was handled by some of the other officers that worked for me at this association. so the answer is absolutely not. >> in short, unaware then or now. he said the same words later at the national press club. >> i am unaware of any sort of settlement. i hope it wasn't for much because i didn't do anything. but the fact of the matter is i'm not aware of a settlement that came out of that accusation. >> just a few hours after that, he seemed to change his story. >> i was aware that an agreement was reached. the word "settlement" versus the word "agreement." i'm not sure what they called it. i know that there was some sort of agreement, but because it ended up being minimal, they didn't have to bring it to me.

>> well from no comment to i didn't know then and don't know now to i knew about an agreement all in less than 24 hours. we should mention that politico first contacted the cain people about this story ten days ago. and said that cain was unaware of a key piece of it today is hard to understand. there may be more to come. the story cites a source familiar with cain's tenure in washington who says, quote, i happen to know there were sealed settlements reached in the plural. i think that anybody who thinks this was a one-time, one-person transgression would be mistaken, this source said. we should point out that these are unnamed sources. many, to be sure, but anonymous. we should point out that allegations whether one or many are not facts. allegations are not facts. and settlements are not admissions of guilt. the restaurant association is not commenting. herman cain declined our invitation to come on the program even though he's been talking to just about everybody else in the last couple of days. and politico's jonathan martin joins us now.

herman cain wouldn't talk to you when you tried to get him to answer questions about the allegations. he has been talking plenty today including a taped interview with fox news when he talks about a woman who made a sexual harassment allegation. she was in my office one day and i made a gesture saying -- and i was standing close to her -- and i made a gesture saying you are the same height as my wife. and i brought my hand up to my chin saying my wife comes up to my chin. saying this comment made the woman uncomfortable. >> anderson, thanks for having me on. no, the kind of behavior that we understand took place in the late 1990s by mr. cain towards at least two female employees at the organization was far more suggestive, more sexual of nature when it came to both verbal comments and also physical contact with these two individuals. in fact, it was so off-putting to the two women, that they contacted colleagues, they contacted superior officials in

the organization, both full-time employees and board member, and they ultimately received five-figure payouts from the organization to leave under the condition of signing a nondisclosure agreement. so these women were obviously bothered by it. mr. cain was asked tonight, anderson, also in a separate interview on pbs if he had ever crossed the line. he said he didn't think he crossed the line, but obviously that's in the eye of the beholder and some have a different view. from our reporting over the course of the last three weeks talking to multiple sources it sure was the view of two female employs there that he did cross the line. >> you've had this story now or been working on this story for three weeks. when did you inform the cain campaign? >> we informed the cain campaign on thursday, october 20th of our reporting. we did not get back any kind of a response, anderson, until the following monday. at that point, the response was not satisfactory. we went back to them again and

on wednesday we had a telephone conversation. at that point the spokesman said that mr. cain vaguely recalled the allegations, that the general counsel at the organization had taken care of the matter and that they, the campaign officials, all talked to the counsel to figure out what happened. that was their on record response for days. we asked for more, they wouldn't give it to us. so finally as you mentioned, anderson, i went to cvs yesterday morning. the washington bureau here of cbs news and asked mr. cain very directly and straightforward, have you ever been accused of sexual harassment. i asked him that question three more times. he never answered. >> he answered by asking you, have you ever been accused of sexual harassment, correct? >> yes, sir. >> in your article, you talk about one incident which was not in an office but in a hotel, correct? >> right. our sources tell us that a board member talked to the woman who

was approached by mr. cain and asked to come to his hotel room through an official restaurant association event. and she was very offput by that. and i subsequently talked to the board member about it and the board member actually pursued that and her issue was ultimately resolved, of course, by the organization. she got five figures to leave and sign the buyout. >> as a result of the allegations, do you know specifically the amount of money, can't say or were you just told five figures? >> we can say that we have seen documentation, anderson, on both the aelgtss that the women lodged against mr. cain and a confirming that it was a formally resolved by the organization. so yeah, we have seen documentation on this matter. >> do you know what herman cain

knew about it at the time? is there any documentation on the level of his involvement in any settlement or any discussion of the incident? >> he was definitely aware of the allegations that were made against him because the allegations were made, again, to board members, to senior officials at the organization. so he very much was aware, according to our sources, of the allegations against him. keep in mind, this is the ceo of a major trade group. and there were separate five figure payouts made to these women. it's hard to see how he wouldn't know about that kind of money leaving his organization to two employees. >> in your report, you say you're aware of the women making these claims but chose not to print their names. >> that's correct. >> did you speak to the women? >> you know, over the last three weeks we've talked to, anderson, dozens of folks from across the country. current and former employees, current and former board members, people in d.c. who are

close to the trade group. our piece has multiple sources quoted in there and we'll just leave it at that. >> you don't want to say whether or not you spoke to the women. >> i'll just refer you and your viewers to our piece on political.com. again, we cite multiple sources including current around former board member, current and former staff and a lot of folks in d.c. close to the group. >> there are some alleging that you may have been tipped off to this story by another campaign. can you say? >> yeah, again our sourcing is very straightforward in the story and i would refer you back to there. we'll leave it with that. >> thank you. >> thank you, anderson. ari fleischer, white house press secretary in the george w. bush administration. also democratic strategist paul begala. i spoke to them just a short time ago. paul, what do you make of this? how damaging might this be to the cain campaign? >> well, the truth is we have no idea about even the content, really, of these allegations much less their truth or falsity. so i certainly don't want to

cast judgment. i think you can observe how mr. cain is reacting. and i think it's not the way his campaign might want. his story is shifting. if i had been working for him, i would have tried to beat this out of him before the campaign began. so you can bleed it out before. you don't want this bombshell breaking just when you're starting to soar in the campaign. >> ari, you agree with that? the fact that it's based on the span of 24 hours he's begun to kind of contradict himself or shift the story a little bit? >> anderson, i think there's only one issue in play here. did he sexually harass somebody? if he didn't, then this is unfair to herman cain. if he did, he has a huge problem on his hands. he came out and flat out said he did not sexually harass anybody. all the other details about settlement, did he remember this, did he get an update from his counsel, i don't think any of that matters. did he tell the truth, did he

harass anybody? to me, that's it. >> what should he do next? you say he's addressed the key point. does he stop talking about it? does he try to flesh out all the details? what would you advise? >> it wasn't that long ago that a sitting united states president settled with paula jones when she alleged that former president clinton harassed her when she was a state employee of arkansas and president clinton at the time was governor of arkansas. you never know how these things will impact on politics. herman cain -- >> if i could, that suit was dismissed. >> let ari finish. >> if i'm herman cain and i didn't do it, i would just reiterate what i did earlier today and say i didn't do it, it's not true, it's baseless. but that's the only issue thang that matters. the press runs the risk of making too many other things at issue. if he never sexually harassed anybody. >> the problem is he's had these

shifting stories and that sets off every red flag. the smarter way to do this, he could have found a way to leak this out himself, to put this out himself. ari is working for george w. bush. he was running for office when he started running on the national stage replete with rumors that in his youth he used drug. bush got out in front of it. he said, when i was young and irresponsible, i was young and irresponsible. then he roped it off. i'm not going to go through a laundry list. i'm not going to tell you. and i think none of your business is a pretty good answer. he put it out there. barack obama in his book years ago wrote that he smoked pot as a college student and he entried as he wrote in his book, a little blow. nobody chased him on that. it was out there. people could decide if 10 or 20 or 30 years ago these things mattered. but mr. cain is caught in part because he didn't get out in front of the story. >> it's trickier than that because on both of those instances paul's exactly right, but they cited things that they did. herman cain would have to say here is something i didn't do

but i want to tell you about it anyway because there's a settlement. i didn't do it. it doesn't fall into that easy a category. this will be vexing no matter what. if he didn't sexually harass anybody, he has nothing to really worry about and i think this story will become a washington fixation. i don't think it will move republican primary voters. if he did, he's got a whole lot of trouble on his hands. >> paul, does he try to address it again or leave what he said, he said it and move on? >> he's got to get one very brief, very short story and then move on. i talked to one friend of mine who is a prominent republican. it was funny. he kind of laughed it off. he said it didn't matter. i said how can it not matter, an allegation that he sexually harassed someone? like saying rick santorum doesn't tip his bartender. he's not going to be my party's nominee. he laughed it off. >> follow me on twitter at anderson cooper.

i'll tweet some tonight. the syrian government keeps saying they don't beat their own people, they don't torture, that they're only targeting terrorists. yet video keeps surfacing reportedly telling a much different story. we'll talk to a filmmaker who worked undercover in syria who has been held captive by syrian authorities. what he heard was shocking, inside the prison. a travel nightmare. imagine being stuck on a plane, no food, no water, no bathrooms right next to the jetway inches, feet away from being able to get off. others were held on the tarmac more than 7 1/2 hours within view of the gate. occasional constipation, diarrhea, gas and bloating. with three strains of good bacteria to help balance your colon. you had me at "probiotic." [ female announcer ] phillips' colon health. you can't change the way banking works. just accept it, man.

free ? doesn't close at five ? try nature. it's a bank. what do you want, a hug ? just accept it. hidden fees, fine print, or they'll stick it to you some other way. stay with the herd, son. accept it. just accept it. accept it. just accept it. accept it. if we miss this movie, you're dead. if you're stuck accepting banking nonsense, you need an ally. ally bank. no nonsense. just people sense. whether it can be done safely and responsibly. at exxonmobil we know the answer is yes. when we design any well, the groundwater's protected by multiple layers of steel and cement. most wells are over a mile and a half deep so there's a tremendous amount of protective rock between the fracking operation and the groundwater. natural gas is critical to our future. at exxonmobil we recognize the challenges and how important it is to do this right.

sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi place around the corner. well, in that case,

i better get back to these invoices... which i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. keeping them honest tonight about a story we promised never to look away from, the torture that syria's government continues to inflict on its people. they deny it. as they brutalize ordinary syrians, the regime lies about it and does everything to bar our eyes to their barbarity. tonight reporter and filmmaker sean mcallister worked undercover and witnessed the daily horror, then was arrested and witnessed even worse when he was in custody. the videos keep emerging online

and they jive with mcallister's reporting. there's this new video of a man whip and beaten by authorities while in custody. sean mcallister said he heard numerous beatings from the room he was held in. the regime doesn't shy away from turning away. this is a man beaten, burned, mutilated and murdered by authorities. they say -- according to human rights activists inside syria. they say he was murdered by authorities. the regime has fired on ambulances, sent tanks into the streets, had attack helicopters and strike fighters open fire on protesters. all the while, the dictator bashar al assad promises reform and blames the unrest on outsider, terroristsp and thousands of criminals who have somehow managed to be romie in the streets, this in a total dictatorship. they say that only terrorists are being targeted and fighting is becoming much less.

virtually everyone inside syria and around the world say otherwise. the regime, they say, is targeting opponents, dissidents and ordinary civilians. 13 people were killed today in syria, dozens over the weekend. about 3,000 according to the u.n. since the uprising began. day after day we see pictures like these, people beaten and killed by armed thugs. men shoved into car trunks, taken away, beaten, tortured and killed. that's the reality of the syrian dictatorship tries to deny to the world. remember, the regime denies they torture and beat prisoners. today a man says he heard their cries. filmmaker sean mcallister. last week he was arrested while working undercover for itn news and they held him in a house of torture for six days. i spoke to him earlier. what did you witness while you were being held? what did you hear? what did you see? >> we were blindfolded. we were taken in a car. we were led to some security center. i was placed in a room next to

another room where i could hear screaming and shouting and constant slapping. my blindfold was taken off, but i could see that the syrians around me that were coming in and out were all the time blindfolded and i can assume, and having spoken to activists in this situation, they were blindfolded and beaten. this is the first stop before -- i think it's about a six-hour stay here before you are taken to the security center prison, which is a dungeon basically in a basement. because of my british passport, i was relieved of that -- that day and night. i just endured it by the night. by the day i lived upstairs with the security police. but daily and nightly, i mean, usually around 3:00 a.m. each night in this place you would hear the most howling, horrific cries of people being whipped and tortured basically.

when i was taken down -- i was eventually given a room next to what i called the torture chamber which was basically a room which had huge amounts of belts. in fact, when i left, they took my belt to add to their collection. and there was a cable that must have been an inch thick, and inside the cable were four electric wires. if you imagine the electric wire that goes to your kettle, there was a cable with four of these inside. it must have been like an inch thick. and they'd manufacturered a handle at the end of it and the whole thing had taken the natural form of an arc as it would hit repeatedly on the backs of god knows how many of these guys. >> the syrian government repeatedly denies that they're torturing anybody. yet we've seen video after video of people whose bodies have been returned to their families bruised with signs of shocks. we've seen a child whose

genitals were cut off, whose kneecaps were damaged. it seems hard listening to your account to believe what the syrian government has been telling us. we haven't believed it so far, but your account just verifies that people are without a doubt being tortured. >> well, you know, towards the end of my stay, i befriended my guys upstair. in the day time i would spend hours and hours with my interrogators. the head guy spoke perfect english. and they were all quite anglophiles. and they enjoyed my company. and the irony was they would treat me like a king. they would treat me so respectfully and so beautifully, but downstairs they were treating their own people so horrendously. to me, it was so disturbing. it was so shocking. >> now your belt has been added to the room of other belts. i mean, that's just a -- that's a horrific thing to imagine. >> and i can only assume -- it's

only because it was a real belt. the belt that they gave me when i was leaving -- i said i'm not leaving here until you give me back my belt. and they said, we can't find your belt. my belt was a proper leather belt. it was a big thick leather belt. it was made out of leather. the belt that they gave me back was plastic. and i can only assume they took my belt because it was a proper belt for beating. >> the fact that they would allow you to hear all this, to see all this, and realizing you would talk about it, it's almost as if they don't care or they don't even think in those terms? >> they're fed -- all they made me watch day in and day out was syrian tv. and all they kept talking about was terrorists, terrorists, terrorists. we would never open fire on our own people. you've got to understand it's an american conspiracy and u.s. this -- they will not accept it's the will of the people, it's the will of the syrian people that have taken to the

streets to finally speak for freedom. they cannot see this or accept this. and they keep -- they're force fed this propaganda from state-run television about terrorists and foreign fighters in the country and the idea that the islamists are going to take over and they've all got guns and they're going to kill -- i really think to the extent that they really -- i mean, that they believe it. and i think that's the power of the regime. the regime have absolutely brainwashed the security services in believing this so much. >> sean mcallister, i'm sorry for what you went through, but i admire your courage and thank you for speaking out tonight. thank you. >> thank you. hard to believe. up next, no food, no water and no usable bathrooms. that's what passengers on one jet blue flight had to endure when they spent more than 7 1/2 hours sitting on the tarmac during saturday's snowstorm. for all that time they were within walking distance of the gate. our close look at what went

wrong coming up. plus heated moments in the michael jackson death trial. the prosecution hammering away at the star witness for the defense. this is a crucial day in the trial. could it spell trouble for dr. conrad murray? this halloween a costume contest in our newsroom. the "360" staff. plenty of the disguises are ripped straight from the headlines. ♪

[ slap! slap! slap! slap! slap! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum tum tum tum tums nothing works faster. ♪ ♪ co-signed her credit card -- "buy books, not beer!" ♪ but the second that she shut the door ♪ ♪ girl started blowing up their credit score ♪ ♪ she bought a pizza party for her whole dorm floor ♪ ♪ hundred pounds of makeup at the makeup store ♪ ♪ and a ticket down to spring break in mexico ♪ ♪ but her folks didn't know 'cause her folks didn't go ♪ ♪ to free-credit-score-dot-com hard times for daddy and mom. ♪

offer applies with enrollment in freecreditscore.com™.

up close tonight, a look at the travel nightmare nor jet blue passengers forced to spend

more than 7 1/2 hours sitting in a plane on the tarmac. imagine this. this was on saturday night. flight 504 was supposed to make a quick trip from ft. lauderdale to newark, new jersey. the saturday snowstorm forced the flight to divert to hartford, connecticut, where it sat, and sat and sat. food and water ran out and the bathrooms were off limits. not own the pilot's concerns for his passengers' medical needs could help the airline to get them off the plane. his frustration evident in his conversation with the tower. listen. >> this is 504. go ahead. >> look, we can't seem to get any help from our own company. i apologize, but is there any way you can get a tug and a to you bar out here to us and get us towed somewhere to a gate or something. i i don't care. take us anywhere. i have a paraplegic on board that needs to come off. eye have a diabetic on here that has got an issue. there's a list of things. i just got to get some help. >> this is not the first case of this kind for jet blue, just the

latest. 23 flights were rerouted to hartford and six were jet blue. the airline apologizing to passengers who spent hours stuck in the plane. jet blue could face big fines. mary snow joins with us more. how does this happen and what is their excuse? >> unbelievable. but that's a big question that remains unanswered because the airport is citing saying that it was stretched to the limit. the airline is citing the number of diverted flights. and both are not really giving out specifics because they say they're doing their own investigation. you just mentioned that the department of transportation investigation. frustrated passengers were questioning how could both the airline and the airport be caught off guard so much when this storm had been forecast. it was not a surprise. one of the passengers on board was a man named jimmy brown. he is in a wheelchair. he was on that flight with his wife francine. they say, you know, there was a lot of tension and little information. >> that's the most infuriating -- oh. >> yelling and standing up.

a lot of people getting irritated. >> by 6:00, 7:00, there was no more food, no potato chips, no snack boxes, barely any water, the bathrooms stopped working. it got pretty crazy. >> you know, anderson, one of the passengers i spoke with tonight says she was amazed when she finally got off the flight how close it was to the gate. >> is the airline or the airport -- i mean -- responsible for getting a plane to the gate and getting passengers off-loaded? >> we talked to a former inspector general at the department of transportation, and she said it's the airline's responsibility to provide extra personnel to get people off that plane, but you know, some passengers rights groups are saying tonight that airports should not be let off the hook because right now they don't have to come up with contingency plans for these tarmac delays. and some of these groups are saying they should be held

accountable and have to come up with a contingency plan. >> isn't there a rule that passengers can't be left sitting on a tarmac more than three hours? >> yes, the passengers bill of rights. it was passed last year to prevent this exact kind of thing. it states if people are on a plane on the tarmac for up to two hours that the airline is responsible for food, drinking water, toilets, medicine and it prohibits passengers from being on those planes on the tarmac for three hours. >> jet blue was saying they're going to give the passengers their money back. but that doesn't really amount to much of anything. that's not real satisfaction. what kind of fines could they face? >> well, in this case, the maximum penalty that an airline could face is $27,500 per passenger. when you take a look at this flight, that could amount to about $3.5 million in fines against jet blue if it reaches the maximum fine. those fines go to the government. and some airline advocates groups are saying, you know, perhaps if some of this money went to passengers, it would be

more of an incentive for airlines never to break this rule. >> mary snow, appreciate it. saturday storms still causing a lot of problems for residents of the east coast. suzanne hendricks joins us. >> as you saw in mary's report, the weather brutal across the northeast. because of it, 1.8 million customers still have no electricity. some of the outages could last through friday. that is forcing some areas to cancel or postpone halloween events. devastating for kids in the area because that includes trick-or-treating, not your normal snow day. steve jobs, his last words were, oh, wow, oh, wow, stating them three times. that is accordg to his sister, writer mona simpson. the two separated by adoption met later in life. in her you'll eulogy published in "the new york times" she describes his final moments as filled by the epiphanies. demonstrators are trying to trademark the name occupy wall street. they could have some

competition. an investment firm filed for the same trademark on the same day. a burmese python, you got to see this, making his last meal count. consumed an entire 76-pound adult deer. snake hunters with florida fish and wildlife commission shot and killed it. pythons have been noeb to even alligators, o other large snakes, even some humans. the midsection of this snake expanded 44 inches trying to eat that deer. >> that's amazing. time for the shot and a couple things for this halloween on my daytime show, i dressed up as an homage to an early talk show idol of mine, phil donohue. take a look. he surprised us and came out on the program as well. so me and phil there. i'm not sure you can tell which is which, but i'm the one on the left. i had a costume contest for the staff. the staff got into the spirit. i didn't have a costume, but i feel like i was phil on tv already. isha has the day off. sent us this picture.

she's clearly ready for halloween. i read some of her tweets. sounded like she had quite a late night. ended up sunday hanging out on the couch. we had this entry from our producer chuck who was traveling on assignment. take a look ♪ my name is chuck and i'm a cowboy ♪ ♪ i rope and enjoy ♪ i wish i could be there to see all the show ♪ ♪ but patty made me go to ohio >> got sent to ohio on assignment and missed the conte contest. we applaud chuck and isha, but they did not win the competition. runner-up went to our producer david. check out his moammar gadhafi cass tum. >> keeping them honest. >> that is setting the bar high.

associate producer ann crushed gadhafi as k courtney stodden twitter feed. >> i'm courtney stodden's twitter feed. >> love it. >> yeah, regular viewers know that courtney is favorite on our ridiculist. we've also got great i-reports. one costume stood out for us. check out that little guy. he's 8 years old. i will call him mini me. i wish we had a tighter shot. maybe that i'm blind as a bat. you can see he's dressed up as me. you can see more costumes cooked up by the staff and viewers at ac360.com. a riveting day in the michael jackson death trial as prosecutors grilled a key witness about the final hours of his life. did he put a dent in the theory

that the defense has been arguing that jackson gave himself the fatal dose of propofol. in arizona officials breaking up a huge drug smuggling ring, talking millions of pounds of drugs. n-stop day starts with back pain... and a choice. take advil now and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ [ daniel ] my name is daniel northcutt. [ jennifer ] and i'm jennifer northcutt. opening a restaurant is utterly terrifying.

we lost well over half of our funding when everything took a big dip. i don't think anyone would open up a restaurant if they knew what that moment is like. ♪ day 1, everything happened at once. ♪ i don't know how long that day was. we went home and let it sink in what we had just done. [ laughs ] ♪ word of mouth is everything, and word of mouth today is online. it all goes back to the mom and pop business founded within a family. ♪ when i found out i was pregnant, daniel was working on our second location. everyone will find out soon enough i think that something's happening. ♪ ♪

crime and punishment tonight, a critical day in the michael jackson death trial. on the stand dr. paul white, a widely respected expert on propofol who is in the same

league professionally as the prosecution's propofol expert. on friday dr. white gave strong testimony for the defense. today the prosecution came out swinging. things got so heated the judge sent jurors out of the courtroom at one point. randi kaye reports. >> reporter: the lifeline that dr. paul white threw to dr. murray on cross-examination was all but washed way when he was put on his hooes. >> have you ever administered propofol in someone's bedroom? >> no, i have not. >> have su ever heard of anyone doing that prior to this case? >> no, i have not. >> reporter: in just minutes walgren got white to admit that murray had deviated from the standed standard of care. sounds more like a witness for the prosecution he said that when he left jackson's bedroom he left a syringe loaded with propofol. a syringe that jackson could have used himself to give himself another 25 milligrams of

propofol never expecting it could stop his heart. >> conrad murray drew up the syrin syringe, yes or no? >> yes. >> reporter: even if murray did not administer the fatal dose he's responsible for the pop star's death because murray brought the powerful anesthetic propofol into the room. >> would you walk into the room and leave him alone with no personnel and no monitoring if you're of the opinion that they like to push propofol themselves? would you walk out of the room in that situation, yes or no? >> no, i would not leave the room. >> reporter: murray told investigators he left the room for about two minutes, but dr. white testified he believed murray wasn't paying attention to jackson for 35 to 40 minutes before he left the room because he was talking on his cell phone. at some point, dr. white says jackson could have grabbed the syringe. the prosecution believes murray administered the fatal dose, though, and suggested white's scenario was ridiculous, given all that jackson was hooked up to. >> so michael jackson's walking

around wheeling the iv stand attached to a condom catheter and conrad murray is somewhere else on the phone, that's your scenario, right? >> reporter: he got him to admit that he could not justify murray waiting 20 minutes to call 911 after he node jackson stopped breathing. and after noting his apparent failure to tell paramedics that he gave jackson propofol, dr. white hedged. >> it was obviously overlooked. he didn't tell them -- >> well, not obviously, it could also be a lie, correct? correct? that's another option? >> if you say so, i guess, yeah. >> that's another option, correct? >> it's an option, yes. >> reporter: the prosecution also pressed dr. white about his fees to testify for the defense. he told the jury he'd been paid about $11,000 so far but would like to be paid more because he normally charges $3500 a day. a bit of a dig to suggest he might be in this for the money

because the state's expert anesthesiologist dr. steven shafer is doing the work for free. randi kaye, cnn, los angeles. a lot of folks believe that dr. white's testimony could end up being the key to this trial's outcome. joining me now is paul henderson and criminal defense attorney mark geragos. you said all along tit is crucil for the defense's theory. >> if you rolled some of your previous tape, i think i predicted that this is exactly what walgren was going to ask and i think the answers that he got were not what the defense wanted to hear. >> because why? >> there's two problems with this from the defense standpoint, number one, it absolutely puts the death nell in the idea that there's going to be any argument about gross negligence. their own expert says this guy was not living up to the standard of care. number two, in the biggest problem here i think from the defense standpoint, is this idea

that he left a syringe there that he had prepared. so even if it's michael jackson, even under the defense theory of michael jackson is self-administering, the problem is that you would never leave a syringe there for somebody to possibly pick up and inject. >> the prosecutor, david walgren is very aggressive with the witness, even accusing him of having rehearsed lines during his testimony. mark, does that kind of aggressiveness backfire sometimes or is it effective? >> it does sometimes, but i'll tell you, david has got -- i've known david for a long time. he's got a wonderful way in front of jurors. he's also built up a little bit of good will, i think, or capital, if you will, with this jury. normally, you do not want to come out that aggressive. i think that he could afford to here. i think he did a very good job. i think the defense has got their work cut out for them in trying to rehabilitate him. >> the prosecutor got the defense's star witness to admit

he would never administer propofol in a bedroom setting and he would never accept a job as michael jackson's doctor if it meant giving him propofol regularly to help him sleep. how damaging was this today? >> i think it was extremely damaging. you got the jury there listening to this doctor that's there for the defense actually admitteding and saying that, look, this is not the standard of care that i would have used, and i'm the expert for the defendant. i think that's actually why they started off so aggressively. this is something that is pretty common when you have a case like this, where you have experts against experts, where you're trying to define a standard of care and trying to figure out who is going to be at fault. in this case, it seemed very damning to me and probably pretty damaging to the rest of the jury as well that the witness was indicating that there's a whole series of behaviors, and a whole series of facts that are uncontested that he would not have engaged in for dealing with a patient like this. i think it's not looking very

well for dr. murray at this point. >> mark, what happens tomorrow? >> i suppose they're going to try to recoup. you know, i said last night we talked, anderson, the best hope for the defense here is a hung jury, in my humble opinion. >> that's the best? >> yeah, that's their best hope. >> do you agree with that, paul? >> yeah. i don't see that coming at this point. with the evidence that's been presented so far, i think the jury, in addition to hearing all of these lapses of judgment and about all of these options where dr. murray was talking on the phone and texting the girlfriends and waiting before he administered aid and actually not being honest about what was happening and taking efforts that could have revived michael jackson, you know, i think the jury as they're listening to that is coming to a place where they can sit in judgment pretty

easily and make a determination that he is guilty, that he has committed some wrongdoing, and i think that's the direction this case is headed. i'm really curious to see just exactly what the defense is going to argue in their closing, what they're going to stick on the wall or what they're going to throw at the jury to try to give them some alternative means of finding anything other than guilty in this case. >> paul henderson, appreciate it, mark geragos as well. a cop caught speeding. he's the one accused of committing the crime at 120 miles an hour. we'll explain that ahead. also sad news about the cracks in the kardashian marriage, but it's not their 72-day marriage on the ridiculist tonight, oh, no. you name it. i've tried it. but nothing helped me beat my back pain. then i tried salonpas.

it's powerful relief that works at the site of pain and lasts up to 12 hours. salonpas.

helps defends against occasional constipation, diarrhea, gas and bloating. with three strains of good bacteria to help balance your colon. you had me at "probiotic." [ female announcer ] phillips' colon health. but i've learned a lot from patients who use flexpen. flexpen comes pre-filled with the insulin i take

and i can dial the exact dose of insulin i need. i live my life on the go and need an on-the-go insulin. i don't need to carry a cooler with flexpen. novolog is a fast-acting, man-made insulin used to control high blood sugar in adults and children with diabetes. do not inject novolog if you do not plan to eat within 5 to 10 minutes after injection to avoid low blood sugar. tell your healthcare provider about all medicines you take and all of your medical conditions, including if you are pregnant or breastfeeding. the most common side effect of novolog is low blood sugar. other possible side effects include reactions at the injection site. get medical help right away if you experience serious allergic reactions, body rash, trouble with breathing, fast heartbeat or sweating. ask your healthcare provider about novolog flexpen today. learn more about the different insulins available in flexpen at myflexpen.com. flexpen, insulin delivery that goes with you.

kim kardashian and chris humphreys are calling it quits. they land on the "ridiculist." anderson, in arizona, a major drug bust. officials say 70 suspected smugglers with alleged ties to a powerful mexican drug cartel have been arrested after a 17-month investigation. they are accused of smuggling more than $33 million worth of drugs. that's in one month. videos, papers and photographs released by the fbi show how russian spies use cold war era techniques in a secretly taped meeting with undercover fbi agents. the materials are related to a russian spy scandal that made news last year. ten people pleaded guilty in that conspiracy.

good news. big monthly gains for the major stock indices. the dow added more than 1,000 points or 9.6%. its best monthly advance in nine years. the s&p 500 surged nearly 11%. its biggest gain in nearly 20 years. check this out. a high speed chase in miami caught on tape. that's a marked squad car being pulled off. get this. that is a cop behind the wheel. he is charged with reckless driving after barreling down the florida turnpike at more than 120 miles per hour. his excuse, he was trying to get to a second job. an off-duty job on time. he didn't make it. he was cuffed. here's piers morgan with a look at what's coming up on "piers morgan tonight." >> thanks. tonight inside the world of the most hated man in america. bernie madoff. the woman who is marrying bernie's son speaks about his crime, his punishment and how it has torn his family apart. from the mean treats to the

top of the charts, 50 cent. his extraordinary journey from bad boy to a rather squeaky clean rap superstar and the shocking celebrity news that no one's really shocked about. kim kardashian files for divorce 72 days after her fairytale tv wedding. i talked to kim's mother chris jenner and you'll hear what she has to say about that troubled relationship. there is, as piers said, no happily ever after for kim kardashian and chris humphreys. it lands on "the ridiculist." [ male announcer ] you are a business pro. your core competency is...competency. and you...rent from national. because only national lets you choose any car in the aisle...and go.

you can even take a full-size or above, and still pay the mid-size price. i'm getting an upgrade. [ male announcer ] as you wish, business pro. as you wish. go national. go like a pro. now through january earn a free day with every two rentals. find out more at nationalcar.com. o but don't just listen to me. listen to these happy progressive customers. i plugged in snapshot, and 30 days later, i was saving big on car insurance. i was worried it would be hard to install. but it's really easy. the better i drive, the more i save. i wish our company had something this cool. yeah. you're not... filming this, are you? aw! camera shy. snapshot from progressive. plug into the savings you deserve with snapshot from progressive. and started earning loads of points. you got a weather balloon with points? yes, i did. [ man ] points i could use for just about anything.

♪ keep on going in this direction. take this bridge over here. there it is. [ man ] so i used mine to get a whole new perspective. ♪ [ male announcer ] write your story with the citi thankyou premier card, with no point caps, and points that don't expire. get started at thankyoucard.citi.com.

tonight on "the ridiculist," we got to add all you kardashian credit ibs to the ridiculist. that's critics with a k. you've been bashing them all day for for filing for divorce after 72 days of marriage.

72 days of marriage and millions of dollars in profit. i'm sticking up for her, not just because i'm scared of khloe, i'm a little bit scared. you see, america, divorce is sad. nothing to make light of or take joy in. tonight, let's not talk about divorce. let's talk about love. tender, soulful, cash-hungry love. if all you angry, cynical souls out there with your twitter machines and your bad attitudes are so bitter that you were rooting against a marriage that was grounded in love complete with ryan seacrest as the wedding planner, well, all i can say is that i pity you and your knockoff bruce jenner tracksuit. sure the marriage ended up being shorter than the tiny between. have you seen kim's teeth? spotless. how cannot support a couple whose two-day wedding on the e! network cost a reported $10 million and was subsidized by sponsors. i believe that is called the american dream. by the way, that shakes out to about $138,000 per day of

marriage, which is the same amount of day wolf blitzer spends on mustache films. a little known fact. she sold the right to the wedding for $18 million. but who among you can say you never have done that. blitzer can't. the time for cynicism has passed. the kardashians are serious people who do have discernible talent. for instance, they make the -- um -- the uh -- well, there was the time they did the thing -- um. they won "america's got talent" in '96. can somebody call piers? is he on twitter? piers morgan? 9:00? anyway. as for kim and chris, what's done is done. kardashian critics, there is nothing, and i mean nothing that you can say or post on your