our website. later this week, the 42nd president of the united states, bill clinton in the midst of raging speculation of hillary clinton's plans. that's wednesday and on thursday, my interview with chelsea clinton. that's all for us tonight. >> good evening. at this hour the deadly standoff continues. it has been days since people shopping, eating and spending time with their families in an upscale mall in kenya walked into violence. the situation is unresolved and reports about who was in control of the west gate shopping mall in ni robey and how many hostages remain inside. all the hostages have been released and according to the red cross, 65 people are still unaccounted for. they revised the death toll down to 62. some victims were miscounted. the details have been and remain fluid with each day and every

hour new details are surfacing and tonight we have a much clearer picture of how the attack unfolded over the weekend. saturday afternoon, shots and explosions are heard in the busy upscale shopping mall in nairobi, kenya. >> they are want aredly being held at siege. they are held by gunmen and reports indicate that several people have been shot. >> witnesses say an unknown number of gunmen burst into the mall. firing shots at the ceiling and tossing grenades. panicked shoppers assume it's a robbery, but eyewitnesss say the gunmen tell all muslims to leave. according to some reports, asking the name of the prophet mohamed's mother to prove their faith before they exit. that would leave the non-muslims as targets. >> within the west gate having

taken control of the mall. they have been able to gain access. we do understand the death toll now stands@least four people. >> the gunman moved from store to store. hundreds of terrified shoppers tried to flee or attempt to hide in stores and stair wells. many escape however they can. kenyan authorities storm the mall and sequester themselves more than in the huge complex with an unknown number of hostages. the stand off has begun. hall ways turn into battle grounds and desperate shoppers caught in the middle. ben data tried to ahn after she heard sooting, but ended up hiding before she escaped. >> we're stood up and we heard machine guns. then we started to run and there was a second explosion which

knocked us on the ground. >> as the kenyan military takes control, the survivors begin trickling out. >> everything is fine. don't worry. you are fine. >> late saturday afternoon, the terrorist group al shabaab claims responsibility for the attack in a series of tweets, also indicating or more gunmen may be american. the siege continues sunday. the kenyan government announces 59 are dead and more than 175 wounded. among them 26-year-old elaine dan. >> i am okay and very grateful. part the gunmen are still in the mall, still holding hostages. by monday, the kenyan government said their forces have taken control of most of the building. >> the process of the hostages have gone on very well. we are very certain that there

hostages in the building. >> heavy gunfire later in the day. 62 confirmed dead and the fourth day of the stand off has begun. >> we have late breaking news. "the washington post" is reporting that the kenyan foreign minster said two or three of the attackers at the nairobi shopping mall were americans. cmn international has been on the ground in nairobi and joins me now. there have been conflicting reports over if the situation is fully contained. what is the latest? >> we have been hearing for a few hours and you are right, almost all of the hostages have been freed. when we initially had this, the kenyan government said some of

our sources said they are hiding behind the hostages and they have been using the hostages as human shields. if you can imagine going into that situation. it can only have been extraordinarily scarey and it's taking time. >> there still more than 60 people unaccounted for and do you know anything about -- is there an update? we got word about that a short time ago. >> the last few eyewitnesss have been able to come out from within the hostage taker's room. they are describing pretty horrific scenes. when you hear them talk about piled up bodies, people lying

around the place, not really being able to get a sense of really whether you are looking at a man in these instances. the firing is really insdraminant. they came in and chose a day that was a children's cooking competition. this was advertised for quite sometime and that added to the utter panic. >> the hostages and bodies are still inside. they are not yet accounted for. one guy who you have seen every day day. >> as far as walking out through those doors. >>. >> you and i were together.

can you talk more about the capabilities? it's not just this attack which is ongoing. they launched attacks inside somalia. >> and the support they were getting within the local community. they were out before they pushed out of the sensors. back in may when i was there, we were in this amazing period of renewal. they were coming into stability. in more receipt days and weeks, there was a sense that they have been regrouping and they are receiving new injections of

finance. you get a sense that the global terror networks and something we have been hearing from the kenyan foreign minster and they believe the attack is not just al shabaab. this is part of al qaeda and a broader terror network. they realized what they lost when they lost that. when they lost that territorial footprint in somalia and this is part of their fight back. they are trying to show not only that al shabaab is still in the game and it's still capable of putting on this complexity and al qaeda is still in the game here. >> all right. appreciate the reporting. the terrorist clearly timed their attack on the shopping mall for maximum impact. they struck around noon on saturday when the mall was certain to be packed. an ordinary weekend shattered by bullets. nick handler, an american who works in kenya wassa the a cafe in the mall with his toddler

daughter and his pregnant wife was shopping on another floor. >> you were sitting with your daughter in the mall. >> yes and my wife was doing shopping upstairs. she left us a couple days before. she heard the explosion and blast the gunshots. i happened to be close to the door. i reached over and ran out the front door. as fast as i could without looking back. >> did you have an idea where they were going? >> if there was an exit anymore? they were heading in that direction. i got lucky and happened to be a door to the outside. >> where did you find to hide?

are after i went outside, they were in a loading zone that serviced the restaurants and the super market in that area, there was a wave of people running towards the parking lot and i turned and ran back towards a loading dock at the back of the mall. ended upped heading up a flight of stairs and got up there boy employees who suggested that was a place to go and ended up inside of the storeroom. >> how many people were in the storeroom or ended up there with you? >> i would say there were about 40 people. it's a place where they stored a lot of inventory. >> your wife is pregnant with your second child. she was not with you as you said. did you have an idea where she

was? >> once i made it in, i was able to call her and i found out that she was on the second floor in shally and made her way up to a movie theater on the third floor and was waiting there and uncertain what to do. we were both trying to contact our friend outside who might have information on what was happening. that lets you know where we were and finding out anything we could as far as a safe place to go. >> she was hiding in the movie theater. how was your child doing during all of this? did she have an idea what was going on? she is 2 years old? >> yes, almost 2. the first moments are kind of a blur when i picked her up and started running, she was definitely shocked and there was fear and she was upset, but once we made it inside of that storeroom and settled down and

we were there for quite sometime, she really sort of returned to her normal self. >> how long were you and your daughter hiding in the storeroom? >>. >> i would say about three hours. in total. >> it must have been incredibly scary to not have a sense of what's going on and where the terrorists are. if somebody could be right outside the door. >> i would say the scariest moment was when some people started to leave about an hour 1/2 into the time there and i made it about halfway across the room. all of a sudden a wave of people came running back. at that point i had no idea if we had been discovered and somebody knew where we were. that was definitely the most terrifying moment when we were in that room. >> do you know why they ran back? >> i would assume they heard gunshots outside. they thought it was to leave and

they heard there was gunshots. >> after three hours, the police found you? >> after three hours, a bunch of plain clothes police came to the door and let everyone know they were safe and reopened the door from the inside. they let us down a safe exit out to the parking lot. those people were heros and absolutely saved our lives and the lives of so many people at the mall. my wife as well. she never would have made it off the roof if it weren't for two plain clothes police if they didn't secure the way down. >> she was rescued before you were? >> yeah, probably maybe an hour or so before i was. >> nick, i'm so flood and you your wife and daughter are okay and thank you so much for talking to me. >>iay, absolutely. thank you very much. >> scary stuff. let us know if you follow me on twitter. just ahead, more on the terror

attack. tyler hicks, the season war reporter and photographer happened to be nearby when the terror attack began. he ran into the mall and did what he was trained to do and got the dramatic and first imans during the attack: i will talk to him about what he saw. >> graphic video of a family of a florida man whose death is ruled an accident showing the moment of a police car running over him. they call it an execution. the medical examiner called it something else entirely. [ male announcer ] introducing new fast acting advil. with an ultra-thin coating and fast absorbing advil ion core™ technology, it stops pain before it gets worse. nothing works faster. new fast acting advil. look for it in the white box.

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>> breaking news on the nairobi terror attack. the minster told pbs that two or three americans are among the gunmen. they saw things they will never forget. he lives in nairobi with his wife and a television journalist. they got inside shortly after the attack began. we will show you the pictures in the videos they shot. the images are disturbing. tyler hicks joined us. >> you were right next door when you noticed something was going on. explain what you 50 saw when you ran into the mall. >> the moment i got in, i could see lots of people running on

the street towards mow away from the mall. about a minute later i arrived and an entrance parking lot and can see that there were injured people coming out who had been shot in the leg, stomach, other parts of the body. they are streaming out of the mall terrified and frantic and crying and running with children. it was clear something really serious was happening. >> from your photographs, you were with a group of police officers or commandos? >> when i reached the upper parking lot area, i could see the opposite end of the mall, they are running out. that's a possible way to get in.

through that door of the service entrance, they were trying to get the people out. they were and they were agreeable to sweeping through. looking for these whoever was shooting. they didn't know what group was responsible and trying to desperately get civilians out as quickly as possible before more people were killed. you must have been westerned about ieds that they could have planted. >> yes. once i looked into the center area of the mall down and saw that there were bodies down on the ground floor, big pools of flood and people scattered

around. it was clear that these guys were just indiscriminately killing people and they were in there. in a mall in a big open air mall like that, it's no coverage. hundreds of thousands of places to hide. >> the fact that it took kenyan security forces so long to contain this situation, is it that they are outmassed or as you said, this is incredibly difficult situation. a huge thing to get under control and you are up against people who are more than willing to die some. >> they don't know how many

people are in the mall. >> it's clear that a lot of people and you can't just go rushing in and perfect low happy to die themselves to be martyrs for the cause. >> your wife is a journalist and in the mall covering this & has incredible video i want to show. was there a point that you thought this was too dangerous? you covered wars where you thought this was too unsafe. i should leave. >> well,not really. it was dangerous.

there many, many people who are injured and killed their -- it was one of the moments where i felt like this was very important to cover. worth it to be there for them as long as and taking as much care as i could. within the first ten or 15 minutes, traveling around as little as i did. that's the thing that was unsettling when you are there when they realized. >> i'm glad you are okay and your wife as well. thanks if are taking the time to talk us to. >> having to be so close. you heard from tyler hicks's report, it's popular with foreigners that the upscale mall feels more like home to them. to say the terrorists do not choose it as a target by accident.

joining me now, a contributor and also magical journey out of extremism. this report that two or three americans were among the attackers and they started the foreign minster talking to cbs. shabaab had a number of americans working for them over the years. >> it doesn't surprise us and in fact it's a huge group in america and canada and britain and of course within kenya itself. 11% of kenya's population is muslim and a vast majority are peaceful and law-abiding. there areas in which somalis confined sanctuary. foreign fighters are joining. >> i believe the first was bombed by a somali american who joined a couple of years ago.

i want to give an update. the u.s. law enforcement said they cannot confirm that and they don't have enough informs to verify. this is just information coming from them talking to pbs. the shopping mall frequented by westerners, it reminded me of the mumbai attacks where you have a relatively small number of gunmen able to cause panic in if an entire city by taking over. >> exactly. at least they are soft targets and there is no way to protect high visibility and you can get

it. it doesn't surprise me. they went after it. >> shortly right after al shabaab getting kicked out of africa. they are in the southern part of the country. does this seem to you they are cooling their heels for a while. >> the hierarchy for al qaeda. what happened recently, we have to consider this incident in a long line of a chain of events. they believe they have prematurely declared for elections and we have to understand that al qaeda

achieved far more than than they could have dreamed of. they occupied territory, an area larnler than the size of france. they roired an intervention in kenya. they are capable to mount attacks along the classic al qaeda lines. >> and yet it's not a high impact attack like obviously a 9/11 attack on the terrorists. it's not technically sophisticate and can have a large impact. >> the same thing in nigeria. you have niger and libya is a mess and on top of that you have syria. i agree that there is a resurgence we are seeing.

that's what's happening now. the question is, where will they attack next? >> you have been on our program and it's all about the transformation that you became an islamic extremist while you were in prison in egypt and you have completely changed your mind and actually sort of preached to others and tried to convince people to leave extremism behind. a small number compared to the smaller community, a small numbers would choose to leave their lives here and go back to somalia and many cases they never remembered from where they were born to fight for the group. >> yes. the sad situation is that islamism and the violent strand known as jihadism have been the anti-establishment ideology of the day for people who have an

affinity to the mideast. picture itsa a form of communism. the communist ideology is dead, but those who want to pick up a flag and raise the mantle of the ideology, that i expressed themselves through the prison of islamism. that's a brand. it no longer requires recruit. per se, but it attracts on its own accord. young men find themselves pretty much the same as they left argentina and went to cuba and went to bolivia where he died. they are leaving the countries to pick up weapons and arms and join a war that had nothing to do with it. they find that apeeling and we don't have discourse on the grass roots to challenge them. >> are the new book radical comes out in a couple of weeks and it's fascinating. good to have you on. for more on the story, go to c,

nn.com. will he or won't he? will president obama meet iran's new president? what the latest buzz is saying.

president obama is here in new york for the opening of the new session u nighted nations general assembly and the president of iran has new dialogue. president obama addresses the assembly where they talk about contaping the chemical weapons. the question is, will he meet with iran's president? joining us now from the un, what is the possibility of meeting

between president obama and the iranian president? >> it's still possible, but no commitment or meeting on the schedule yet. you are starting to see expectations in case the meeting doesn't happen. if there is no hand shake or meeting, they don't want the effort and new diplomacy to fizzle. there is truth to that. we know and it was confirmed that secretary kerry will meet with his counterpart, the iranian foreign minster as part of the members of the council and germany nuclear talks between the secretary of state. when we think about where we were at last year's un general assembly in u.s. iranian relations, but it's possible that you don't have that iconic moment of the u.s. president shaking the iranian president's hand. >> it shows you that even a

happened shake would be consider krd an iconic moment. >> up until a week ago, that was the focus. it remains it for secretary kerry. on serious chemical weapons. there is a number of disagreements. they have the use of military forces. a new disagreement today on how it would be defined between the u.s. and russia. a lot of hurdles in getting to a resolution to back the geneva deal. >> thanks if are reporting. coming up, the man runing for police killed by the police car following him. his family is calling it the execution. the medical examiner said there was an accident. also tonight, new pictures of

the little girl with her adoptive parents at the center of a custody battle that has gone on for half of her life. will they finally bring her home? i was made to work.

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a florida family is demanding a federal investigation into the death of a loved who died last spring after he was run over by i police car caught on video by

the dashboard camera. they declined to indict the flof police officer. they decided to release the dash cam video as a way to prosecute. you may find it disturbing. >> you are watching the final moments of a man's life, caught on police dash cam video. it's 12:30 a.m. and marlon brown is runing for police into land, florida. a sheriff's deputy tried to stop brown earlier for not wearing a seatbelt. from there the police officer james harris and another officer pick up the pursuit. each in their own car, they spot brown down there at the intersection. they tail him all the way here until he makes the left on south delaware avenue. it's a dead end. brown suddenly pulls his car over, jumps out, then takes off running through a vacant lot. officer harris stays on him.

eric is his lawyer. >> he was chasing a man down with a 4,000 pound car. he had to realize the risk. >> my client is trying to drive towards the back of the lot where he can stop and exit his vehicle. he is not attempting to strike anyone. >> are what happens next is hard to watch. final glanz towards the on coming police car and brown disappears beneath it. it all happened so fast. brown is only on foot for about six seconds. moments later the other police officer looks under the car and they attempt to get the car off brown. by the time fire rescue crews arrived to lift the car, the 38-year-old father of two is dead. crystal brown is marlon's ex-wife.

>> when i look at that video, you don't see a swerve. you don't see -- you don't even hear oh, my god as you impact. >> the medical examiner said he died from mechanical asphyxia. the weight of the car cutoff his oxygen. they found no evidence that he was struck by the vehicle. no skull or pelvic fractures, ruling that brown slip and fell and only then did the police car come to a stop on top of him. he ruled the death accidental. >> i don't buy it one bit. y see marlon sitting up in front of the car. he saw it am can be. >> he lost his footing and 2e8 down because of the wet turf and the loose dirt and that's the same thing that made it difficult to stop the car. >> do you believe your client tried to slow down? >> absolutely. >>. >> weeks ago the state attorney general announced a grand jury decided no the to indict the

officer for vehicular manslaughter. frustrated and rangry, crystisy brown and her attorney meat the video public. testimony from an expert on police practices was included as part of the evidence. that expert found that officer harris had been driving carelessly, given the wet grass and the darkness. he said the officer violated the department's policy except after a forcible felony. the police chief fired harris the same day he watched the did she cam video. marlon brown had been in and out of jail for drugs and fraud. he was just released a month before he died. friends in the car with him that night told police he fled because he was so afraid of going back to jail. randi kay, cnn, deland, florida. >> the attorney for marlon brown

and the attorney for casey anthony. you believe this was an execution. >> he came at marlon brown that night, regardless of marlon fell down or not, that car was headed straight at him. don't take my word. lock at the video. >> you have no doubt that car hit him? >> no doubt whatsoever. the medical examiner said there was no vehicular contact. we have photographs of the car that showed the damage to the car. you look at it with your own eyes. at least it's inaccurate and at worst there was a experience to conceal the truth. >> you agree with the grand jury's decision and don't think the officer did anything criminal? >> i think it was stupid and negligent, but does it rise to the level of being criminal? i don't think that this is an issue where we have someone is reckless to the extent of criminal liability.

>> you clearly see this is a situation where it's an accident. i don't think anyone can get in that officer's head and say there is some type of evidence here where he clearly wanted to run him down and run him over. just based on what we see, there may be something outside of this video that tells us otherwise, but based on from what i see, people get hit every single day. >> the grass was slippery and he had a hard time stopping. >> you don't have to prove intent, but you have to prove they are reckless and had disregard for safety and caused somebody to die. look at the video. he came around two police cars that stopped.

he was reckless and he intended on getting to marlon brown. you see it. you don't have to take anybody's word for it. >> why would he want to hit this person? you are saying he intended to. >> you think about the mentality. they are chasing him for a seatbelt violation. they don't do that in any community. they don't do it in stetson university. they only do it in the spring community that they chase him for a society belt violation. >> because the community is predominantly african-american? >> are they don't pursue other communities like that. >> there lots of problems that different counties have. different pursuit policies. there is no uniform policy across the state of florida. mr. crump is correct. this is a huge problem throughout our communities. >> i understand that the county has already paid the brown family more than $500,000.

what is it now you are looking for? >> the civil settlement is irrelevant to the criminal matter. we are looking for if that medical examiner's report is inaccurate and she shows that the car did hit marlon brown, go back to the evidence and hold him account as if jose or any of our friends or relatives did that. they would be charmed. >> what are about autopsy results. did that show anything? >> the autopsy was done by the examiner who worked with the police officer. >> you would like a separate autopsy? >> we think there is other evidence that shows he was hit. that's going to be coming out, we believe. >> you know what the biggest problem here is, this prosecutor did not seek out a special prosecutor to investigate this case. this prosecutor investigated their own case and sent it to the grand jury. that gives the appearance of impropriety here. had they reached the

prosecutor's office and asked them to take over the investigation, might have seen a different result or the same exact result, but that really cast a shadow over this prosecutor that leads people to question and rightfully so. >> his 12 and 13-year-old child saw this video and they believe it's erroneous that their father was not hit with that car. >> appreciate it. jose baez, the 4-year-old girl the center of a custody battle we have been reporting reunited with adopted parents. will she go home with them soon. >> 300 teens held a party and trashed his home while he was away. he asked them to clean up the mess and i will tell you how many showed up. [ sneezes ]

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her adoptive parents matt and melanie. the spokes woman told us the transition was not traumatic and ve onica had a chance to say goodbye to her biological father. >> he never gave up looking for his missing son is reunited with him 13 years after his abduction. the grandmother was arrest and accused of kidnapping her own grandson in florida in 2000. 360 follow only four kids showed up to help former nfl player brian holloway clean up his home. he said about 300 kids broke in and wrecked it over labor day weekend. >> the man who bought a $400 million power ball ticket claimed his prize & wants to remain anonymous. it was only the second time he played. we'll be right back. ♪

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>> the emmys were last night and i thought we would talk about the surprises and the snubs. that's what most people were talking about. we remember breaking bad and the colbert report won. we don't care. why do people watch the emmys?

to see what the stars are wearing and maybe we can do a best and worst dressed list, but to be honest, our staff, myself included is ill-equipped to make such judgments. we could knock it out of the park or talk about how many times in a row can wear the same sweatshirt. eveningwear, not. that leaves the acceptance speeches. filled with the names of people you don't know and the agents and people accompanied die famed surprise or humility or follow your dreams cliches. last night a woman stepped on stage after the comedy emmy for her in nurse jackie. she changed our minds about what it can and should be. here's what she said in its entirety. >> thank you. thanks. thank you so much.

i got to go. bye. >> concise, authentic and passionate. the gettysburg address of emmy speeches. they summed up the only appropriate reaction to this. >> weaver, best speech ever. good luck. >> when she took questions back stage after winning, she had a moment to gather her thoughts. >> i wanted to thank a lot people. it's happening again. i wanted to thank everybody at show time and most of all edie falco. it's hard to do those. i'm sorry. yeah. i'm scared. i'm scared because it was unexpected so i don't know how to feel yet. i have