good morning everyone. i'm randi kaye. it's 8:00 a.m. on the east coast, 5:00 a.m. out west. thanks for waking up with us. this morning we're learning about the office grudge that led to the deadly gunbattle outside the empire state building. it left two dead, including the gunman, and nine other injured. we're about to show you video you may find disturbing.

we're showing it to you so you can see how the chaos unfolded. here is cnn's poppy harlow. >> reporter: morning rush hour, unexpected gunfire and mayhem led to what's seen here, amateur video obtained by cnn revealing police standing over a man suspected of murdering his co-worker seen shortly before he himself died. >> all of a sudden there's cops running down. people taping off scenes. it was like a scene out of "csi," honestly, but real. >> reporter: shaken and terrified, rebecca fox watched a deadly shooting unfold in front of the empire state building. >> when i walked across the street, i saw a woman had been shot in the foot. she was in shock sitting there. i looked down and saw another man was laying on the ground and he wasn't moving. >> reporter: this woman witnessed the scene from a city bus on the way to work. >> i heard the gunshots and looked to the left and saw three

people fall, three or four people fall. like i said the whole crosswalk emptied and people were running. >> reporter: witnesses say they saw blood on the sidewalk, coffee cups strewn about and people running frantically. police described jeffrey johnson of manhattan as a disgruntled employee laid off in the garment district a year ago. they say the man he shot and killed was a former co-worker who he was feuding with in alleged workplace harassment. >> johnson produced a pistol and fired at close range striking his 41-year-old victim in the head. >> reporter: eight others were shot. a nearby construction worker notified two on duty police officers who then fired 14 rounds, killing johnson in the process. new york mayor michael bloomberg said wounded victims may have been inadvertently shot by

police. >> the tape clearly shows the guy has the gun out trying to kill police officers. he is dead. the perpetrator is dead. >> reporter: police say the 58-year-old suspected shooter was wearing a suit and tie. at 9:00 a.m. rush hour, he would have blended in with a lot of folks going to work here. in one hand he had a.45 caliber pistol. in another, a bag with an additional magazine in it. johnson's superintendent said he lived alone on the second floor of this building. he saw him live after 8:00 a.m. wearing the same suit he usually did. his neighbor, stunned. >> i'm in shock. i can't believe that. he was the nicest guy. i think he snapped or something. i don't know. >> reporter: law enforcement tells cnn there's no indication of any terrorism connection. mayor bloomberg has long called for stricter gun legislation. >> we are not immune to the national problem of gun violence. >> reporter: you know, a couple of things can change in your day. some days i walk to work. that could have been me easily.

>> reporter: poppy har lo, cnn, new york. so what were police thinking when this was all happening? security director and former police investigators lou palumbo helps us break it down later this hour. tropical storm isaac is in course for cuba and then maybe west florida and the gulf coast. haiti already got a taste of isaac's drenching rains. cnn's martin savidge in southern haiti. martin, it looks pretty rough there. forecasters are saying the worst may not be over yet. if the rains continue, looks like a pretty bad situation for you. >> reporter: absolutely, randi. i should tell you right now, the storm seems to be kicking up once again. it has been like this on the southern coast of haiti every since 11:00 last night and the beating has not let up. on top of very heavy winds, i guess they are not hurricane-force winds but definitely very strong tropical

force winds, we are getting the rain. it is the rain. that's the worry in this country because of the fact that so many people, hundreds of thousands of them are living in either tent cities or very minimal sort of housing. then on top of that you're talking about a very mountainous country, lots of water pouring down the mountain sides, flooding and racing into neighborhoods. in this immediate area, that's all we can talk about, there's moderate damage to house and structures, major damage to structures, roofs off, power lines down, major trees down. there is no traffic out on the streets. there's no power in the area. what power we have is done by a generator. but beyond that there is some cell phone service but it's very spotty. it's the wind that continues to haerm and trees get uprooted because of all the water that has soaked the ground. as far as injuries, no way to tell. emergency officials we have not been able to get in contact w right now it is still a very difficult situation on the southern coast of haiti.

isaac is not leaving apparently. randi. >> martin, give us an idea of the danger of these mudslides and the force and who might be in their path? >> well, these would be huge landslides. not necessarily those that block a road and become an inconvenience but the ability to cause the side of a mountain to give way. a lot of the trees have been cut down. people use it for building material. people use it for heating and cooking. so as a result you know what that does, the mudslides come down, inundate communities. that's the real fear. we pass through the mountains yesterday on our way to get here. they were already trying to shore up the roads there and land was beginning to give way before the rain started. it's hard to imagine what they are facing now. that is flash flooding. in this community it's a very serious thing. it killed hundreds of people eight years ago. they are hoping they don't see a repeat of that. >> we mentioned these tent

camps. nearly a quarter million people living in these tent camps in haiti since the quake. in 2010 there were deaths and damage there. how does the town recover? now to see them get hit with this, where do they go from here? >> i talked to the mayor yesterday, he was like what have we done that god is so angry. what he meant by that is here we are in the recovery effort and now the storms come in. the recovery work they were doing is rework storm sewers to do away with the flooding problem they have. they got caught right in the middle of it which means the situation is only worse, not made better. that's on top of now whatever wind damage they are getting. it's really hard to say how much people have suffered in this part of the country for so long. >> mark savidge there in haiti. thanks for your photographer as well to continue to wipe that lens so we can see you and

what's happening there. this just in, national hurricane center issuing new guidance on tropical storm isaac. let's bring in bonnie schneider. what can you tell us? >> reporter: just came in right now, center of circulation of isaac 90 miles east northeast of guantanamo cuba. you saw where martin was reporting, down here in the southern coast of haiti. look at the convection hammering haiti. there's a lot more to come. there's also a band of thunderstorms hitting south florida at this hour. well in advance of the storm, we're going to start feeling the brutal impact of isaac in florida in the next 24 to 48 hours. that is why we have a hurricane katrina warning for parts of south florida, including the florida keys. it does become a category one storm by the time we get to sunday, possibly monday, tracking tuesday into the gulf of mexico. when the storm comes over the warmer waters of the gulf of mexico. we can't rule out intensification. that is showing landfall

somewhere along the gulf coast, further west than originally. remember that these patterns can shift. we're likely to see some fluctuations in the track as we go through the next few days. this is something we're monitoring closely in the cnn wet center. keep in mind with hurricane warnings in place, it's time to make preparations if you haven't already done them for yourself and your family. >> good advice, bonnie, as always. thank you. >> sure. >> to politics now. the republicans are getting closer to party time. of course talking about next week's republican convention in tampa, florida. today the focus is on ohio. mitt romney and paul ryan are there today trying to get back on message after a tough week of distractions. we had todd akin controversy over what he called legitimate rape, and we also had that joke yesterday by romney talking about birth certificates. cnn political editor paul steinhauser in powell, ohio, now

where romney and ryan will be speaking in about an hour or so. how important is today's rally. >> it's a big rally. a little over an hour before they speak. this is the last time you'll see ryan and romney together until thursday night when ryan is nominated at the convention. they want to get back on message and criticize president obama while doing that you mentioned what happened in michigan. a few minutes ago the plane flying above us, a plane above us that says, america is better than birthers. distraction still continues. ohio so important. battleground state, 18 electoral votes at stake. this is a state he wants to win if he can take the white house in november. this is his eighth trip since april when he won the nomination. president obama has been here seven times since april, randi. >> getting close, tight there. paul, thanks very much.

stay with cnn for complete coverage. tomorrow a special on romney, monday night 7:00 p.m. eastern the convention begins. and here is what's coming up this hour. >> an american darling falls from grace. what's next for lance armstrong after a lifetime ban from competition? it's supposed to represent the party, but for mitt romney is it a help or inconvenience. all morning we're putting the republican platform in focus. >> four or five people got shot in that corner. they were just stray bullets this hit them. >> new video from the scene of the empire state building shooting. now some are criticizing police for opening fire. at shell, we believe the world needs a broader mix of energies. that's why we're supplying natural gas to generate cleaner electricity... that has around 50% fewer co2 emissions than coal.

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with the experience and service to keep things rolling. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together. deal that the republican convention is in florida this year? check out our cnn map. in a tight place florida in yellow could go to mitt romney or president obama and it is worth 29 electoral votes. that's big. more than other toss-up states like colorado and ohio combined. it also has a history of deciding elections. yes, remember 2000? president bush needed the sunshine state to win and president obama also took florida his last go-round. florida rnc chairman lenny curry

joining us making time in his busy schedule. first, congratulations on the big week ahead, lenny. >> good morning. thanks. it's good to be with you. >> of course you want mitt romney to take florida. will he and what will make the difference? >> it's going to be a close race. we've said that all along. i don't see either candidate pulling into a big lead. it's going to come down to the ground game, who can energize and turn out their base and whichever candidate's message connects with the independents. i believe we're going to do that. mitt romney and republicans in florida are going to do that. >> according to a new quinnipiac university cbs news "new york times" poll, the three most important issues to florida voters are the economy, health care and medicare. what specifically about these issues do you think will put romney on top? >> well, the economy, president obama has failed us on the economy. he was elected on a message of hope and changed. he controlled the u.s. house of

representatives and u.s. senate and he did nothing to focus on job creation and turn the economy around. he, in fact, focused on health care. unpopular, which resulted in a tax increase. if you look on the other hand what we're doing in florida, governor scott and the republican legislature have begun to turn the economy around here. we'd be in much better shape if we had help out of washington, d.c. floridians recognize that. >> i know you said that the president did nothing to help the economy but if i can quote a pew survey here, 56% majority including 44% of the republicans now say the auto bailout was mostly good for the economy. so what's your response to that? >> this is a slippery slope. at what point every time there's a problem do we rely on the government to throw more money at it, incur more debt. $15 trillion in debt, $5 trillion incurred since president obama is in office. if we continue to hand out money to corporations or individuals, our children are going to be straddled with this. it's immoral and wrong. we're going to have to make that

case. >> so in florida the economy has seen somewhat of a pick up recently. who is going to get the credit there, republicans or diagrams? >> governor scott and the florida legislature. we're going to beat that message and beat that drum every day. the point is, we would be in much better shape if we had a partner in washington, d.c. >> you're saying rick scott, the good night there, should get all the credit for the economic boom? we've heard from from other states that did a turn around, obama has done nothing and the republican governor has. is this really the case? is it possible this is the case in every instance? >> if you look at the four years preceding governor scott, we had the second highest increase in unemployment. we've had the largest drop in unemployment since december 2010. we'd be in much better shape if we had governor romney in the white house right now. >> so why then, if the president's policies have done nothing or been so bad, why is mitt romney trailing in the florida polls?

>> it's very difficult to beat an incumbent. when people think about making a change, it's a risk. so right now they are evaluating the two candidates. look, governor romney has a record of creating jobs. he did good things when he was at bain capital. he is a problem solver. we saw what he did with the olympics in salt lake city. president obama, again, i want to remind folks. he had the house and the senate in two years. he could have accomplished anything he wanted to and he did not focus on job creation. >> the same quinnipiac university cbs news "new york times" poll that i mentioned earlier gives president obama a 3% lead over romney, though, with a sampling error of 2.8%. do you think he can overcome that? >> yeah, it's the margin of error. it's going to be a ground game. we're going to connect and turn our voters out. they are going to try to do the same. the i-4 corridor, we're going to have to take the message we're the party of opportunity. we're the party that believes. when i was a child i believed i

could grow up and go anywhere, do anything i wanted to do. our culture is losing that. i believe president obama is contributeing to lose thanksgiving. >> what's going to happen between now and november that's going to change things? what have you not told voters, even independents about mitt romney that's going to turn things around. >> you're going to see -- when we get past labor day, if people think their airwaves are full of ads, it's going to be really crazy after labor day. television advertising, knocking on doors, making phone calls, talking to voters. it's back to talking about -- the republican party is a party of ideas, party about vision, party about opportunity. it's about regardless of your socioeconomic background, regardless of your ethnicity, each generation wants their children to get a good education and go on and get a job and pursue their hopes and dreams and believe, really believe they can be anything in the united

states of america. that's our message? >> do i hear you saying despite voters agree on social issues like gay marriage and abortion they will vote republican only because of the issue of jobs? >> jobs and debt. look, we right now are on a fiscal cliff. president obama said he was going to cut the deficit in half. he didn't do that. we have to fix the fiscal problems in this united states. we're straddling our children with debt. the social issues matter. they matter to me. they matter to a lot of people. people have very passionate opinions on them. let's fix this economy. let's make sure people can pursue their dreams, get a job, educate their kids and then we can fight these other battles. >> when the congressional budget office came out and said we are at risk of a recession because we're at risk of going over the fiscal cliff, mitt romney responded saying that was unacceptable. but what is his plan then? what would he do differently? >> one thing is he doesn't believe in the big nanny government state that throws

dollars, that prints money, throws dollars at every problem and incurs more debt. anybody in a small business knows this. if you borrow without a plan to grow your revenue base you're going to fail. >> so how will -- final question to you. how will the r inform c combat the boone in polls we'll likely see after the dnc convention? >> it's going to come down. both parties after the convention and boon in polls, blocking and tackling, energy, what i see on the ground, mitt romney rallies i've attended, republicans are energized. they want to get out and make sure we put a republican in the white house. again, i think our message will resonate with independents. i'm not a republican because i think the republican party is perfect. i'm a republican because i believe we're the party that's closest to allowing people to pursue their hopes and dreams. while republicans certainly made mistakes in years gone by where we spent too much money. we made mistakes, got caught up

in this culture, this big government, big spending is ideology for the democratic party. they are committed to it. >> lenny curry, as i said, i know you have a very busy schedule these days so thank you for your time. appreciate it. >> pleasure. thank you. >> we've covered jobs, money, social issues. at 10:15 eastern time we'll go in focus on where each candidate stands on the war in afghanistan where thousands of our troops are serving today. a really cool home coming surprise on the battle feel. a staff sergeant returns from afghanistan to surprise his unsuspecting mom. wait until you see how creative he was and her reaction. glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. [ female announcer ] sometimes, all you need is the smooth, creamy taste of werther's original caramel to remind you that you're someone very special. ♪ werther's original caramels.

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in an embarrassing and dangerous i want for mexican feder federalis, police officers opened fire shooting and wounding two americans. nick is here to tell us about this. let me understand what's happening to this. you have these guys in a marked

car. why did they open fire? >> that's the question everyone wants an answer to. why did this happen? how could it happen? a clearly marked toyota vehicle, suv diplomatic plates, mexican police intercept. they were leaving for a town about 50 miles south of the capital when they were intercepted by police in the area doing crime detail and mistook this car, if you can believe it, clearly marked car for criminal enterprise. >> should the u.s. vehicle have stopped? >> what you have to understand, randi, there's prth precedents set. narco blockade, northern missionaries. i'm sure you remember ice agents attacked on that highway there. there was precedent set for this to be suspicious as they bran issued their weapons. we understand they were attacked by police. fortunately it wasn't a fatal

mistake but embarrassing. >> somebody was able to radio for help. >> that's right. there was a captain from the mexican navy accompanying two americans from the u.s. embassy. he radioed for help as soon as the attack was under way. if it wasn't for him radioing into the military installation they were on the way to, who knows what would happen. >> what are the federalis say about it? >> they aren't saying much. we tried to get ahold of the spokesman, he's not saying much. they did release a statement saying the federal police who involved in this incident, participated in these events, they will appear before the public federal prosecutor to establish the facts, where appropriate, to determine responsibilities if there's going to be prosecution at all against these federal police. >> is the state department weighing in at all in a state like this. >> we talked to them. they say this is going to unfold and point to nothing sinister here. this is just a mistake on the part of the federal police. another black eye. earlier in june police opened fire against each other in the

mexico city airport. >> right in the airport. >> right in latin america's busiest airport in mexico city. this just another incident, already strained diplomatic relations it united states and mexico. this further strains, makes a delicate situation all the more delicate. >> luckily everyone did survive this one. nick valencia, thank you for the update. shoot u.s. justice department investigate the shooting of an arkansas man who was handcuffed in the back seat of a police car? that is what the reverend jesse jackson is calling for. we're examining the legal aspects of this case. with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine

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with us. a shoot-out on the streets of new york city leaves two people dead, including a gunman who has been described as a disgruntled former apparel designer. 58-year-old jeffrey johnson shot and killed a former co-worker before engaging in a gunbattle with police. officers returned fire killing johnson and injuring some bystanders who were hit by bullets. an investigation is under way. to florida where the countdown is on to the republican national convention. 50,000 people expected to descend on tampa for four days of speeches, rallies and, of course, parties. it all leads up to the formal nomination for mitt romney for president on thursday night. apple has won a major victory in federal court, the jury hearing the copy right infringement case ruled samsung has to pay apple more than $1 billion in damages. they say samsung willfully violated apple's patents in developing their own mobile product. samsung says it will appeal. we'll have much more on this story in just a little bit.

now to the controversial shooting of a handcuffed man in arkansas. 21-year-old carter was shot in the head in the back seat of a police car last month. police say he committed suicide. his family contends police are responsible for his death. jonesboro police say carter's girlfriend told them she received a call from carter saying he had a gun and was scared and also say phone records show carter made at least one call from the back of that patrol car. the medical examiner has ruled the incident a suicide stating, quote, at the time of the dischargish the muzzle of the gun was placed against the right temporal scalp. take a look at this re-enactment video released by police illustrating this scenario. we have shown this to you before but it is definitely worth showing again. here police are trying to prove how easy it is for someone flexible enough to fire a weapon while handcuffed from behind and seated. can you see he pulls it out there from behind him in the back of that patrol car. the reverend jesse jackson is

calling for justice department to investigate the shooting and carter's family is disturbed investigators have not conduct add gun residue test on anyone at the scene. a lot to process here. let's talk about it with cnn contributor. paul, good morning. >> reporter: good morning. >> why didn't anyone test for residue at the scene? what is the consequence of not doing so? >> it's a glaring omission in terms of the ability to properly investigate the crime. obviously you want to know if there was gunshot residue on carter's hands. did he have the gun in his hand when the shot was fired or did the police officers have gunshot residue on their hands. jonesboro police said there was a policy memo they were in compliance w i have not seen this memo but i'm somewhat mystified as to why you would not test for it. it's an important element in most investigations. >> yeah. seems like that's sort of police work 101. >> yes. >> the girlfriend's account of the phone call and the gun,

telling police carter was scared. does that speak to his state of mind and the case that he was so scared he killed himself? >> it's hard to say somebody is actually going to kill themselves on the basis of something they say on the phone. but this is what we know, based on the autopsy and telephone call, arkansas police say he had drugs in his system, amphetamines in his system, marijuana and benzodiazepines in his system, enough to affect his behavior. the girlfriend indicates a call was made and that he indicated he was afraid. so we have those two things. and of course, you know, the autopsy makes some findings that the police will think are very helpful to their position. >> do you think the u.s. justice department should conduct an independent investigation to avoid any appearance of any wrongdoing here? >> i frankly don't see the basis for a federal investigation here and i know the reverend jackson has called for one. however, the autopsy in the case shows powder burns, what they

described as a dense soot deposition on the right temple of his head. that was be consistent with a self-inflicted gunshot wounds. also on the autopsy, he red marks high up on his arm. if you look at the video, the handcuffs ride up when you're trying to get that gun up to the temple. that finding would be consistent with a self-inflicted wound. the third thing, randi, i know you've been following this case closely, you went down to arkansas and spoke to many witnesses. the thing i was impressed by, there was an african-american woman who said both officers were outside of the vehicle and it and the doors and windows were closed in the vehicle when she heard it pop. now, if that's the case, i just don't see it as a civil rights case or as a federal case. i think it's a difficult, horrible situation for the

family. but the evidence seems to be pointing to suicide at this point. >> a lot of people, as we've been covering this, a lot of people have been wondering and tweeting me about a civil suit. do you think that the family would file a civil suit in this case? what would that look like? >> they probably will take a shot at a civil suit. but the basis of the civil suit would be that the police had an obligation to protect chavez carter and they didn't protect him. are you going to win a case like that? you know they are going to be saying to a jury, you know, they had an obligation to protect him from himself because it was his own gun that they will a little he shot himself with. so kat polican the police be su he shot with his own gun. the department of justice did an extensive study of deaths in police custody. it showed there were a the lo of

deaths in police custody in three years, over 2000 in fact. of those deaths, approximately 12% were suicides. so this does happen and it's statistically been demonstrated in the past. so as tragic as it is for the family and all concerned, there is a history of this sort of thing in the past. >> as the chief told me when i went down there, it's incredibly easy to maneuver handcuffs. >> i was skeptical when i saw that video. but now that the autopsy is in, i'm a lot less skeptical than i was, randi. >> paul, do us a favor. stay right there. when we come back, i want to talk about the famous cyclist lance armstrong, charges of illegal doping and the legal case he's choosing not to fight. ? no not really. let's see if we can change that. sure. walmart has the latest technology on the best networks. look at these smart phones! oh cool! wow these are really nice. we've got the samsung galaxy siii from at&t. at&t. yeah, you can talk and surf the web at the same time. courtney loves her new phone and you love the price. yup. now when she goes to school we can all keep in touch.

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[ female announcer ] sometimes, all you need is the smooth, creamy taste of werther's original caramel to remind you that you're someone very special. ♪ werther's original caramels. france cyclist but lance armstrong could lose all titles.

he's has a ban from -- cnn contributor paul cowan is with us. does the agency have the power to take away all titles. >> this is such a complicated area. it reminds me of boxing in the old days. there's all these agencies, you try to figure out who is the heavyweight champion of the world. it's kind of the same thing in cycling. international cycling agency, u.s. cycling agency and this u.s. anti-doping agency, which is the subject of our discussion today. lance armstrong has said they don't have jurisdiction over him. they don't even have the right to hear this case and that their findings will not be recognized on a worldwide level. that's essentially his position. and of course the agency, which is a federal agency, quasi federal agency differences very

strongly. >> armstrong, of course, has consistently denied allegations of illegal doping, we should point out, but decided to stop ballotsing the u.s. anti-doping agency after losing his legal bid to stop the probe saying he didn't think it was a fair setting, calling the process one-sided. does this imply guilt? >> it does in the sense that if you -- i mean, if you thought you were going to get into court and win, why wouldn't you go into court and win. he went to a texas judge, judge sparks, federal judge, with a very confident lawyer representing him. they tried to convince the federal judge to dismiss the case saying the u.s. anti-doping agency has no jurisdiction here. the judge was highly critical of armstrong's complaints saying it was nothing but a glorified press release. but in fairness, he also -- the judge was highly critical of the anti-u.s. doping agency saying what are they doing investigating allegations that are 14 years old in some cases. the statute of limitations only

goes back eight years. but in the end the judge said, you know something, armstrong agreed to be governed by an arbitration procedure of this organization and he has an obligation to go through the arbitration. armstrong has responded to that by walking away saying i'm not going to submit the evidence. this is a kangaroo court, i'm walking away from it. does it imply guilt? some would say it does. others say he's had enough. depends where you stand on lance armstrong. >> he did say he's taken 500, 600 tests and all of them are clean. from a legal standpoint, does not that mean something? >> he has made that claim. however, the anti-doping agency said they examined as part of their investigation a number of blood sample taken from him in recent years which they describe as, wamp the wording here, not

inconsistent with doping. they don't say they actually found chemicals that were indicative that something was in his bloom stream but that the results were consistent with the use of doping drugs. this would have to do with how many red cells are present in the blood. so they would disagree with his conclusion he tested negative on all these occasions. they also said they have testimony from fellow riders who say he did dope himself. but armstrong said, you know what, these are secret witnesses. they were given immunity for their testimony. it's an unfair procedure. you can't trust it. that's what he and his lawyers say. >> what about his legacy some what happens to that? >> i think his legacy will be seriously damaged by this. you know, if you look, for instance, what happened to barry bonds in baseball and mark maguire, all of these athletes who have faced serious claims of the use of illegal banned drugs have really sustained extreme

damage to their long-term reputation. so unless he fights and wins in court, i think his reputation has really, really been hurt. i mean, look at roger clemens as an example as a difference. a lot of people said he was crazy to fight the case against him. it was a very, very strong case against him. you know something, he fought. in the end he was exonerated. so i think he saved a little bit of his legacy. but it's going to be hard for lance armstrong to save his given what's going on. >> paul callan, thank you for your time on two very important and interesting topics this morning. appreciate it. >> thank you, randi. a veteran new york police officers looks at yesterday's shooting outside the empire state building and how police handled the situation amid all the chaos.

a man suspected of killing his former co-worker was killed in a shoot-out with police. new york police officers and others are praising police for their quick response. retired police officer and security director lou palumbo. lou, good morning. let's talk about how police handled this. several people injured from shrapnel in the shoot-out. did they follow procedure here? >> absolutely. they were procedure ally sound. what they stumbled on was an active shooter. in this scenario, you don't have any choice but to engage. the public notion we are dealing with is collateral damage. we have been particularly lucky in new york in particular not having too many issues involving

collateral damage. this one, as we now know, a number people might have been injured as a result of some of the errant shots that were fired by the law enforcement agency, new york city police. a few weeks ago we had an incident where there was an virksd homeless man with a knife, that was fired at 46 times. in the interview i did with anderson cooper, one of the things i pointed out, every time you discharge a weapon in the course of your duty, you have to account for where those bullets are going. so they absolutely were procedurally sound. they had no choice but to engage him. unfortunately we had collateral damage. >> is lethal force, is that the only way? how do you make the decision in such a chaotic moment? >> really, what we're talking about is spontaneity. that's what they were handed. they came into the situation spontaneously. they had to assess what they had. they realized immediately he was armed with a deadly weapon and their life was in imminent danger and so were the lives of other people in proximity.

that's the justification for the use of deadly physical force per the penal law in the state of new york. they were clearly in their right to use deadly force as per the law being written. >> what about a taser in a situation like that? >> taser, you know, honestly, there's an expression, i don't mean to be cute about this. they say never bring a knife to a gunfight. a taser is not an appropriate means of response to someone who is armed with a.45 caliber semiautomatic pistol. a taser is used for someone who might be emotionally disturbed or an individual who is rowdy but unarmed. this individual had a .45 caliber pistol. he could have gone through reflex reaction if you tasered him, still discharging the weapon. the taser sounds like it might have been a remedy but it wasn't. the reality of the situation is new york city police department does not arm police officers with tasers, only a supervisor. you would have to have a supervisor on scene at the

moment they engaged the active shooter, which they did not have. this happened very, very quickly. these police officers responded, i'm going to say, as close to tenth book as you possibly could. considering all of the denominators of that morning, the fact that no one else was killed, we're just lucky. the rest of it we're going to sort out through the courts. i'm sure there will be as a result of the collateral damage. >> could they have shot once to take him down and not opened fire as they did? >> you know, randi, that's another interesting discussion. people come out and say why don't you shoot him in the leg? why don't you shoot him in the arm? i'll be candid, in the amount of stress that falls on you in this instance, you're lucky to hit him at all. as it turns out, they fired 16 shots. seven of them struck him, which is a high rash yochlt the hit ratio at one time was one strike for every 15 rounds fired. people have to realize these are young men and women.

they have children, families, mothers and fathers. they are trying to go home. there's an immense amount of pressure on you as you're involved in these situations. the spontaneity of the situation, they performed -- i have to tell you, i've been around this community, i've been a law enforcement agent. i've been in this community 39 years. these two young men, these two people reacted as perfectly, in my opinion, as they possibly could have. >> lou palumbo, always nice to have you on the program. thank you. >> thank you. apple wins a major victory over samsung in federal court. next a look at why a jury ruled in apple's favor. seems they haven't been moving much lately. but things are starting to turn around because of business people like you. and regions is here to help. with the experience and service to keep things rolling. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going.

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welcome back. a major copy right case. they may not be content with a billion dollars in damages. our dan simon has more. >> reporter: the jury of seven men and two women sided with apple on almost all of its claims, certainly the most important ones. it found samsung essentially copied the iphone from its iconic design to its unique software features. samsung is reported to pay a billion dollars, less than the $2.7 it wanted. for apple, the most valuable company in the world, this is more about sending a message they will do anything to protect innovation. the immediate impact isn't clear. apple wants samsung's products

removed from stores. in a statement samsung wrote, today's verdict should not be viewed as a win for apple but as a loss for the american consumer. it will lead to fewer choices, less innovation and potentially higher prices signaling certain products will, in fact, be removed from american stores. as for apple, it says, quote, we applaud the court for finding samsung's behavior willful and for sending a loud and clear message stealing isn't right. if there was one bright spot for samsung, the jury found it didn't copy the ipad for its own competing products but samsung will likely appeal this verdict. some of the same issues will be fought in courtrooms and tribunals all over the world. dan simon, cnn, california. >> we want to let you know we're keeping an eye on the mitt romney/paul ryan rally under way in powell, ohio. we have paul sign houser there as well. this the eighth trip for mitt

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good morning, everyone. i'm randi kaye. it's 9:00 a.m. on the east coast, 6:00 on the west coast. thanks for waking up with us. this morning we're learning more about the office grudge that led to a deadly shooting, left two dead, one of the gunman. nine others injured. the brother of the man dead said he was a loving person and the light of so many lives. we're about to show you video that quite frankly is disturbing

but we're showing it to you to show how the chaos unfolded. here is anderson cooper. >> this is the aftermath of a gunman opening fire on one of the most crowded streets in america. police say they fired at this man, identified at 58-year-old jeffrey johnson after he shot at them. at this point in the video, he still appears to be alive. just minutes before johnson, dressed in a business suit and carrying a briefcase navigated the crowds around the empire state building found his target and pulled out a semiautomatic pistol. >> at 9:03 this morning in front of 10 west 33rd street a disgruntled former employee at a company at that address shot and killed a former co-worker, striking him three times. >> reporter: police say johnson had been laid off as his job as a women's accessory designer last year. his victim 41-year-old man was a vice president there. police say they had a long-standing dispute over

allegations of harassment and both men had filed prior complaints against one another. a co-worker of ercolino was walking next to him when they saw johnson lurking. she said, quote, i saw him pull a gun from his jacket and i thought oh my god, autos going to shoot him. he screamed and shot him. >> a.45 caliber handgun secreted in a black bag he had under his arm a construction worker, who had followed johnson from west 33rd street alerted two uniform police officers. >> chaos erupted as bystanders ran for cover and police pursued johnson. >> as the two officers approached johnson, he pulled his.45 caliber semiautomatic pistol from his bag and fired on the officers who returned fire. >> police fired 14 rounds, some of which are believed to hit innocent bystanders. >> i heard the gunshots and looked to the left and saw three or four people fall.

the entire crosswalk emptied and people were running. >> johnson went down immediately. >> they rolled him on his stomach, cuffed him and kicked the gun away from him. >> one man killed, eight wounded and hundreds ran for his lives, jeffrey johnson died in the shadow of the empire state building. joining me now is cnn producer who was actually first on the scene yesterday. rose, i'm curious about the relationship between the suspect jeffrey johnson and the victim steve erclino. what do you know about that? >> let me give you the visual of these two men. jeffrey johnson, 58. he's a slight guy. his neighbors say he's very quiet, lived with his cat. a fashion designer, fastidious. a small guy. he was known to wear the same suit to work every day, very much into routine. he begun working at a place that sells women accessories.

then you have steven ecclino, strapping, muscular, social kind of guy. he is the vice president. these two men worked there together until about two years ago. police said erclino laid off johnson supposedly because he wasn't selling enough. you can imagine how that went. "the new york times" quotes a co-worker of both of them, irene tinman, on the linkedin page talked about how the dispute between the two men was not a small one. there was really bad blood there. police confirmed yesterday the two men had filed harassment complaints against each other in april of 2011. all of this comes to a boil yesterday morning when witnesses told me they saw mr. johnson approaching mr. erclino just outside the store on 33rd streets, around from the entrance of the empire state building. he's in the crowd, lurking, looking for someone. they are stunned when he pulls a

gun, finds his target and shoots him at point-blank range. >> when you got on the scene, what was going on at that point? we spoke with lou palumbo earlier when we were talking about the police opening fire on jeffrey johnson. >> that's what witnesses told me. after mr. johnson shoots mr. erclino, he's chased by people, people scream. he goes and rounds the corner, ends up in front of the doors that say observatory entrance totem peer state building. one of the biggest tourist attractions, a place where hundreds of thousands line up every day for a chance to go in and see what used to be america's tallest building. there's a lot of tourists around there. he rounds the corner, johnson, and you can see from that videotape police see him, he pulls a gun and gunfire erupts. police officers shot 16 rounds, nine people were injured. there's apparently pieces of shrapnel that were involved. there's some big potted plants,

in new york they are for security, heavy plants outside, they shattered, pieces of that went around. that led to a lot of people being injured and hospitalized. >> what a scene. thanks so much for your reports. reports of significant rain and damage in haiti from tropical storm isaac. we'll take you there live for the very latest. i'm serious, we compare our direct rates side by side to find you a great deal, even if it's not with us. [ ding ] oh, that's helpful! well, our company does that, too. actually, we invented that.

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welcome back. just about nine minutes past the hour. tropical storm isaac is expected to strengthen as it churns over warm waters. florida and cuba could be next in its sight. isaac rain and gale force winds swiped haiti. it may not be over. mark savidgidge sourng haiti in an area called jacmel. good morning. what's the latest there.

it's morning now. any significant damage that you've been able to see? >> well, we have seen some, randi. good morning to you. the storm is still very strong here. it feels like it might have eased back a bit but we've been fooled before. it's a rain that continues to fall from the sky and it's the greatest concern to this country especially when you have so many people living in temporary shelters, if you can call a tent temporary shelter. hundreds of thousands. in the immediate area of jacmel, we are located 30 miles to the southeast of port-au-prince, right on the coast. it was right over us isaac has been passing. since 11:00 last night winds picked up. they have been very strong. we have tree limbs down, structural damage. power is out in the area. cell phone communication in the area is on again and off again. we haven't seen traffic on the streets but there are some people beginning to venture out and take a look. damage, as i say, is moderate to significant. this is to structures that are fairly strong. can you imagine if anybody was trying to spend the night in a

tent or something like it, it would have been a very difficult night indeed. the better news is we've heard port-au-prince did not suffer as severely. again, the truth is, the emergency responder service here in this country is pretty basic and it's pretty slow. so we would not know as yet just how bad this storm has impacted the lollipopulation. it was too dangerous and too dark to even try and go out. we will try to get out a little later from now. randi. >> you haven't had any word yet, martin, on injuries or failingsities i take it? >> no. i'm trying to get through to the mayor of jacmel. jacmel is particularly vulnerable as port-au-prince because it's surrounded by mountains. the problem is rains, substantial rains, a foot or mail, come crashing down the mountain sides and rushing into towns and get flash flooding which is so dangerous. dangerous for any community but

especially one weaken by an earthquake and living in minimal housing. this city tends to flood at the drop of a hat and we've already had rain. we can't give you specific numbers of injuries, hopefully no fatalities, really not a damage assessment we hope to get out. the only way to know is to go and take a look and we'll do that shortly. >> how about the shelters? did anybody go to the shelters or did most stay in their tents or temporary homes? >> yeah, there were some shelters. again, keep in mind, haiti has very rudimentary kind of shelters. there's also a mental attitude. this nation has since 2010 been through so much devastation people here you can say are in devastation overload. when they were told another storm was coming, many of them didn't respond. to be frank, a lot of them don't have money to go out and buy the necessary things like food and water. but then on top of that, they really don't have any place to go. so most of them decided they

were going to ride it out wherever they were. they would just simply see where they were when the sun came up. that's where we stand right now. it's really hard to say. we hope -- we hope that it's not been as bad as it seemed like night. >> certainly so. martin savidge, thank you very much. we'll be sure to check back with you a little later on this morning. ten years and counting in prison for a murder she my not have committed. still to come. well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye-care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. [ male announcer ] ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now, that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health. the calcium they take because they don't take it with food. switch to citracal maximum plus d.

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she placed her belief in the justice system and she ended up being convicted of a crime she did not commit. those words were spoken by a las vegas defense attorney about her client. at the age of 19, she was convicted despite a lack of physical evidence in the bridal murder and sexual assault of a homeless man. now after 10 years in jail kirstin is getting new help. joining me now is one of her supporters, attorney john mcdonald who specializes in wrongful convictions and working with the innocence project in this case. good morning. let's start with the basics. multiple witnesses said she was 170 miles away the day this murder occurred. no dna, no dna at the scene connected her to the crime. so how was she settled on as the suspect in the first place? >> first of all, thanks for

having me on, randi, i appreciate you putting the the spotlight on this case. kirstin was convicted because she was a victim of sexual assault months before mr. bailey was found dead. she was in a parking lot at budget suites in las vegas and was attacked by a large african-american man in the early hours. before he had a chance to consummate the rape, kirstin managed to grab a knife she had in her pocket and she swung at the man's groin area. this happened two months before mr. bailey was found dead. she told a number of people between the time of her attack and the time of mr. bailey's untimely demise that she was attacked. when she told people three hours away about the attack, word got to the las vegas homicide. they interviewed kirstin. she told them about her attack. they took that as a confession to an unrelated event two months

later. kirstin did not no bailey, she had never seen him. he had nothing to do with the rape or attempted rape two months earlier. that's been viewed as a confession for the better part of 12 years now. >> when you think about the dna, semen was found on the body of this victim along with a bloody shoe print next to the body, both of those things seem to point away from a woman's involvement in the murder. but that dna was never tested, right? >> there's never been any forensic evidence that links kirstin to the scene. there's been no dna tested. you're right there was semen found on the body. that's never been tested. there was a size nine bloody footprint next to the body. that's never been put in context. they seem to be sticking with the confession to the earlier rape attempt. she would have had to have committed at 18 years old the perfect forensic murder to be the culprit in this particular

case. there are significant problems, in my view. >> you say the d.a. is now refusing any request to test any of the dna. what are your options or alternatives here? >> well, the matter is being dealt with fairly artfully by a man named travis barrett, who is a lawyer in nevada. right now it's before the courts and we're trying to -- or travis is trying to have the matter forced. the innocence project in new york is working with us here in association in defense of the wrongly convicted in toronto. the innocence project has agreed to test the dna. there's no cost to nevada taxpayers. it's a matter of physically giving the exhibit to the lab and the innocence project will pay for the testing. >> why won't they test it. >> they have nothing to lose. you'd have to ask them. in my view they have nothing to lose. this is either a case of an 18-year-old who committed the perfect forensic murder or an

18-year-old who was a rape victim, who when she told authorities of her attempted rape she was charged with first degree murder. >> and just very quickly, i know you're having make trouble with your earpiece there. just very quickly, there is this other woman who has since died who also has a connection to the case. right? >> that's right a week before mr. bailey was found dead, there was a woman by the name of diane parker who reported to las vegas police she was brutally sexually assaulted by mr. bailey less than 100 yards away from where his body was found. mr. bailey went back to mrs. parker's house after he raped her. there were friends that ran him away from the housing project. i would ask if it's possible anybody watching the program knows of a daniel martinez or alejandro cruz, contact change.org, kirstin supporters

or here in toronto aidwyc.org. we think these gentlemen may know something about the murder. >> all right. we're not clear on that but thank you very much attorney sean mcdonald. appreciate that. >> thank you very much, randi. a college student told to die, his car vandalized. some good news for that bullying victim thanks to the college community. (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. exclusive to the military, and commitment is not limited to one's military oath. the same set of values that drive our nation's military

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handful of business owners got together to surprise a bullying victim. they were intent on righting a wrong no matter what the cost.

we get the story from elizabeth harrington of cnn affiliate wbbj. >> we were glad to see he was pleased with it. >> reporter: jordan anderson barely said a word as he looked at his new and improved car. the people at quality auto paint and body in roanoke spent more than 100 hours working on addison's car for free. >> look at your wheels. >> oh my god. >> reporter: there are new tires, new paint job, tinted windows, new security system and stereo. >> here you have a sound system, 1200 watt -- 1100 watt, 12 inch subwoofer. >> it all began when the manager heard what happened? >> once i saw the vandalism done to it, i said that's uncalled for. we're going to fix your car. >> reporter: his car was vandalized four times between march and may. most crimes happened at radford

university. he believes he was targeted because he was gay. >> the first time there was homo phobic slurs keyed into the side of it. the second time i had "die" keyed into it. >> reporter: the auto shop wanted to make it clear they don't like bullies. >> i think it's awesome. it tells people we're not going to back down. >> reporter: he says he asked about ten other business toss help and they said yes. >> we can't afford to do this ourselves. we might have all the good intentions in the world but i can't finance something like this ourselves. >> reporter: the total cost is well over $10,000 but the look on addison's face was priceless. >> that report once again from elizabeth harrington affiliate wbbj in roanoke, virginia. of all the extras, his favorite is the custom alarm system. it already makes him feel a whole lot safer. we know now an office grudge was near the center of the

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of new york city leaves two people dead, including the gunman who has been described as a disgruntled former apparel designer. 58-year-old jeffrey johnson shot and killed a former co-worker before engaging in a gunbattle with police. officers returned fire killing johnson and injuring bystanders hit by frag mentioned bullets. an investigation is under way. party time for r