population in her community. >> tell us who inspires you the most. go to cnnheroes.com to vote once a day every day for the cnn hero of the year. good evening, everyone. tonight two words. keep talking. that's what the president is saying, that's what house speaker john boehner is saying as they search for a way out of the shutdown mess. also tonight we'll show you what ted cruz and other gop hard liners are saying. boy are they talking. we'll take you inside the conservative convention where the affordable care act is compared to slavery and death panels live again. later there could be new evidence in the death of 17-year-old kendrick johnson found dead upside down in a rolled up gym mat. the question is was it a freak accident or murder and a coverup? kendrick johnson's parents join me. we begin tonight with the very latest on talks toned the government shutdown and head off a dead ceiling breach. president obama met with senate republicans this morning at the white house.

he also spoke by phone with house speaker boehner who put the house republican offer on the table. white house spokesman jay carnie saying both men agreed to keep talking. he also restated the president's position to broader budget and deficit reduction talks during a shutdown and default threat prompting this from cnn's jim acosta. >> you said the position hasn't changed on the shutdown. the position hasn't changed on the debt ceiling. how is that negotiating? >> jim, look. the president has had constructive conversations with house and senate republicans. he's also had very good conversations with house and senate democrats. his position that it's unacceptable to demand a ransom from the american people in return for not defaulting, it's not going to change. >> the question now, what's going to give or maybe who's going to give or cave. polling keeps getting worse for the gop and every day the shutdown affects more and more people. dana bash, jim acosta covering it all for us tonight. dana bash first on capitol hill. are the sides any closer do we know?

>> reporter: they certainly don't appear that way. i can tell you the house speaker has now left the capitol, but he did have some dinner on the first floor of the capitol with some of his maybe call it his kitchen cabinet, some of his closest confidantes in the republican caucus. i think we know for several reasons you can see all the smoke coming out and smell the takeout food according to our congressional producer who is down there. but just because they were here semilate doesn't mean that there are any real fruitful discussions going on. i can tell you just kind of the vibe that we had last night, which was much more positive than we'd heard in weeks and weeks has subsided a lot as the day has worn on here. and there has been no real movement between house republicans and the white house, anderson. is it fair to say senate republicans are getting impatient with their house colleagues? >> reporter: it is fair to say that. i've spoken to several senators on the republican side who have said, look, we understand the

need for john boehner to continue to press on and try to find some kind of sweet spot with the white house on a debt ceiling increase and of course on a deal to reopen the government. but they're running out of patience. they feel that maybe they'll give him 24 to 48 hours max, and then the senate which of course is a much different place, is much more bipartisan, at least has the potential to be much more bipartisan -- it's run by democrats -- are going to try to work on some other ways out of the mess, and ways that many conservatives on the house side simply won't like. but they might have no choice, because the deadline is looming. as we talked about last night, mohr and more republicans are feeling the heat saying that they've got to reopen this government. >> and jim, the white house says they're making progress, still refusing to negotiate on reopening the government. how can they call that progress? >> reporter: it's progress because they're talk and not using talking points. that's progress in washington, anderson. but the house speaker and the

president spoke on the phone. the president according to white house officials essentially rejected the house republican of for tie a short-term increase in the nation's debt ceiling to future negotiations. jay carney said that would be giving into moran sum. something interesting that jay carnie said during that briefing, the white house does not want a six-week-like increase in the nation's debt ceiling because they feel like that will bring this process essentially to the point where the nation might be on the edge of default right around the holiday shopping season. they don't want that. it's a critical time for the economy. what you heard from the white house today is the president's position is basically the same. he wants clean bills to open up the government, clean bill to raise the nation's debt ceiling. they're not even using the word "negotiate" at this point, anderson. they're saying they're talking and they're listening. that's an indication i think at this point this white house feels it has the upper hand they're not looking for white smoke coming out but white flag of surrender. >> jay carney using the word conversation instead of negotiation. thanks for the updates.

these talks and moderate efforts to rehabilitate the gop brand are taking place at the same time as an especially influential gathering of hard liners at the values voter summit today in washington. listen. >> and i have to tell you, obama care is really i think the worst thing that has happened in this nation since slavery. and it is in a way -- it is slavery in a way. [ applause ] >> because it is making all of us subservient to the government. and it was never about health care. it was about control. >> the worse thing since slavery he said. that's conservative activist ben carson, dr. senator rand paul also spoke, senator michele bachmann who called obama care death care. the real leader of the hard liners was texas senator ted cruz. >> i'm going to suggest a model

for how we turn this country around in the next couple of years. and it is the model that we have been following together for the last couple of months, to stop that train wreck, that disaster, that nightmare that is obama care. [ cheers and applause ] >> both the line and the position very popular in the room. that said, there were hecklers as well. >> government will always continue to grow and freedom in america will always recede. and yet what we saw across this country -- [ inaudible] >> ma'am, thank you for being here. i wish you would participate in the democratic process through speaking respectfully. it seems that president obama's paid political operatives are out in force today. [ applause ] [ audience boos ]

>> and you know why? and you know why? because the men and women in this room scare the living daylights out of them. [ cheers and applause ] >> some hecklers aside though, this is friendly territory for the hard right and historically has been a tremendously important place for future republican stars to shine. peter hanby joins us now. any word on how they're reacting to a possible deal to reopen the government that wouldn't include defunding the president's health care law? >> reporter: not well, anderson. the tone could not be more different between what we heard on capitol hill today, notes of pragmatism versus here where the hard liners as you mentioned are totally against removing defunding obama care as a bargaining chip from the government shutdown negotiations. and if you need any proof of that, just look at who came here and who didn't come. we saw ted cruz, also senator mike lee two of the driving forces behind the defund obama care movement that led to the shut you can here today and

plenty of conservative thought leaders, radio hosts, members of congress who said that defunding obama care must happen. and then look who didn't. you didn't see a lot of pragmatists from the capitol hill come over here, the john mccains, pete kings of new york. and paul ryan who sort of straddles the divide between the tea party and the establishment was supposed to speak here, anderson, but as you know he's sort of the architect of this new deal that's unfolding on capitol hill. he addressed the group by video message. it was very brief. he made no mention of obama care and received only tepid applause. that's compared to the sort of raucous receptions that we saw earlier today for michele bachmann, ted cruz, et cetera, anderson. >> when you hear ben carson saying that obama care, the affordable care act, is the worst thing to happen in this country since slavery, how did that play in this crowd? i heard some people applaud. i couldn't tell how widespread it was. i mean, worse than 9/11, worse than the internment of japanese

americans during world war ii, worse than the civil war? how did it play? >> reporter: all of that went over really well here as it does for a number of conservative events. you could go to a county republican party convention, a tea party convention, cpac, values voter summit. the red meat plays well in these rooms. and it represents a bit of a problem for the republican party, frankly. think about this. just seven months ago, the republican national committee released an autopsy report looking back on the election, looking at how they can win in the future. they said the republican party needs to stop talking to itself. they need to use rhetoric that's more appealing to moderates, hispanics, women, young voters. you don't hear that in this room. and the republican professional class consultants are very worried about that. not just that but also the fact that you do hear the sort of party divide come up over and over again. you hear the insurgents, the grassroots conservatives attacking over and over again the republican leadership, the establishment, the quote unquote old bulls on capitol hill. and that just previews the sort

of problem that the party is going to have moving forward in the mid-terms, in these primaries and in the presidential campaign, frankly, in 2016 on these debate stages. you're going to see this rift in the republican party. it's existed for a long time, but it's really come to the forein the middle of this government shutdown. >> it certainly has. peter appreciate the update. the tension between the two wings of the republican party set against the pressure of new polling and a lot of public pain really raises the stakes for all concerned. let's talk about it with alice stuart, republican consultant and spokeswoman for the bachmann presidential campaigns. and paul begalla. paul, house republicans are ready to extend the debt ceiling for six weeks but don't want to give the president a clean funding bill that reopens the government. to that you say what? >> i think where the story is going is spelunking. the republicans are caving and figuring out a way to cave. right now it's six weeks. that's not going to be acceptable. my friends at the white house

say the same thing. we don't want to push a potential default up against the holiday shopping season. so that's i think unlikely to happen. you keep hearing reports off the hill, i heard dana earlier, that senate republicans are becoming restive and want a one-year resolution of this. that resolution i think is going to come, and i can guarantee you it's not going to defund or delay obama care. this will be a complete capitulation by the republicans. >> ralph do you agree with that? many have told cnn that the affordable care act is off the table. is there a plan to end the shutdown that doesn't include some concession on the affordable care act? is that something you can support? >> i can't support it. look, we all understand that it's unlikely that president obama is going to sign legislation that repeals or completely defunds the central and frankly arguably the sole domestic legislative achievement of his presidency.

but in terms of the markers that have been laid down, things like the conscience claw clause that ensures that roman catholic hospitals and inner city ministries are not going to be forced to violate their faith and offend their consciences by sub subsidizing health care services they consider to be the taking of human life. delaying the individual mandate. for that waitress working two jobs and told by the federal government she's got to get this health insurance but you exempted congress, big business, other political associates to the white house, they ought to be given a delay, too. the fact is, anderson, that as a result of this fight, red state democrats in the house and the senate have had to vote for taxpayer-funded abortion, they've had to vote against the delay of the individual mandate, they've had to vote against requiring congress and its staff to be covered under these laws as well.

and i think that when you look at these red states that are going to decide the outcome of the senate, alaska, arkansas, louisiana, south dakota, west virginia, montana, everybody's looking at the national polling? i assure you, obama care is not popular in those states. >> but ralph, senator john mccain says he tried to build support in the election for repealing the health care law. his efforts came up short. he says it's time to move on. the supreme court affirmed the law's constitutionality. isn't this time the democratic process working, even though clearly you don't agree with it? >> well look. i remember when bill clinton said he wouldn't agree to balance the budget in five years. when the government was shut down in '95 and '96. guess what. he signed legislation to balance the budget in five years. i remember when he said he wouldn't sign our welfare reform bill and everybody said we were radicals because we insisted that we shouldn't pay people not to work and to bear children repeatedly out of wedlock, thought was consigning them to

multigenerational poverty. now look, there were some fixes, and there were some compromise. but he signed our budget, and he signed our tax cuts, and he signed our welfare reform bill. and the difference, i think, this time -- and i have to say this is inexplicable to me, anderson, is the president's position as i understand it is he will not negotiate with congress. i don't know how you get a resolution to this. it's possible to take where the republicans are and where the president is and sit down and work out a deal, but if he literally is going to maintain the fiction that this is a conversation and not a negotiation that really concerns me. >> his position i'll go to paul for that later or as soon as we come back. but his position is, this already went through congress. congress already voted on this. the scours already passed the constitutionality of this. >> right. >> this is a law. and now you can't kind of have a redo just because new folks are in the house who don't like it. we got to take a quick break. alison i want to get you in here

as well. stick around let us know what you think at home. follow me on twitter @andersoncooper. coming up we'll speak more with the panel and the parents of kendrick johnson who are told their son's death was an accident. they don't believe it. they point to a number of blood stains, for instance, possible clues that weren't tested by investigators, potential new evidence to tell you about tonight as well when we continue. ♪

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president obama and house speaker boehner up have spoken today. the president has spoken with house republicans. it remains unclear when anybody will do anything to end this and what republicans are now asking for and what ultimately the two sides will settle for. on top of that republican hard lines being blamed for putting the party and the country in such a tight spot blamed by democrats show no sign of backing down. here's michele bachmann today at the values voters summit. >> this egregious system that will be ultimately known as death care must be defeated. and you see, this is our line in the sand of police state versus constitutional republic. this is it. when the federal government controls your health care, they literally control life and death. >> back with alice stewart, paul begalla ralph reed. alice you have said obama care is clearly off the table but there has to be a negotiation of the budget before the government is reopened, is that correct? >> absolutely.

the key thing the president and democrats say they want to move forward with the spending plan and also with raising the debt limit with no strings attached. that's not the way we go about doing things. and they say that they're having conversations and they're talking, but talk is cheap without negotiation. and the fact of the matter is, polls show 75% of the people in this country will agree to a short-term raising of the debt ceiling provided there are spending cuts and budgetary measures attached to that. because the reason we're in this debt crisis is because of out of control spending. and we need to have spending talks associated with raising the debt limit. and in terms of opening up the federal government, the democrats -- the republicans want to do that. they put proposals forward to open up the government and fund the government. but they also want to make sure that they listen -- congress listens to the american people and that 75% of the american people have concerns with the implementation of obama care. that's why that is attached to opening up the government.

and historical precedent shows that all of these big measures have some type of compromise, some type of agreement in order to have consensus. and that's exactly what the point of having the separation of congress and the president and both houses, the house and senate. that's the point of having that. >> paul, what about that? why hasn't the president negotiated? i mean, just now meeting for the last two days or so, shouldn't have this happened long ago? >> well, it's been well reported that the bill that now speaker boehner won't put on the floor was itself the product of negotiations. that speaker boehner agreed to. this is the real tragedy here. the speaker is now speaker in name only. sat down with the democratic leader of the united states senate and told harry reid you've got to agree to really reduced spending cuts. he bit the bullet and did it. he's got a socialist in bernie sanders and an independent.

reid held them together and deliver and now boehner has flaked. the only way out of this is for boehner to unflake. capitulate. we should not be making people suffer through the shutdown. >> ralph, do you agree there are enough votes to pass a so-called clean c.r.? >> there may or may not be. but even if there are, you'd be asking john boehner to circumvent his own conference and put his own speakership at risk. >> for the country, who cares about -- shouldn't he not care about his own speakership? if it gets the government going? >> i'm going to stipulate that the president is an intelligent man. can we stipulate that? so you're sitting across the table from somebody, and your condition is destroy your speakership.

i don't think that's a very successful negotiating tactic. i also don't think it's a very successful negotiating tactic to ask 230 republicans in the house who are in districts that he carried only 17 of compared to when bill clinton was president, he had carried as many as 70 of those districts. all right? and to ask them to give him a credit card with another trillion dollars on it with the bank of china on that credit card and ask for nothing in return? no entitlement reform? no changes of obama care when obama himself has unilaterally made 17 different changes in obama care? >> so paul -- >> including suspending the employer mandate which senator tom harken has said in the "new york times" is illegal? >> it's okay for obama to do that but he won't sit down and discuss their requests? >> paul, what could be on the table from the president in terms of some sort of give. >> this is like the scene "the god father" where the corrupt guy tries to extort michael corleone.

nothing. that's where the democrats are because they've made the deal already. ralph, i'm not in your party. and i really don't feel for john boehner that he can't lead his party. that's his problem. he's a leader. in my party what harry reid was doggone difficult. he got democrats and a socialist to agree to republican levels of spending on programs that democrats really really care about. they essentially signed onto the paul ryan levels of spending on all the things that they care about. helping children, helping women, helping the disabled, helping education. that was really really hard to do. so now now boehner has to do something hard. he has to deliver. he has to reopen the government and he has to pay our bills. and then we can go back to legislating which is the give and take you're talking about. there's lots of things you could propose to change in obama care. democrats want to have a gun safety bill. we don't have the votes for it. we didn't shut down the

government over that even though 70% of the americans want the president's gun safety bill. we said guys we got to work harder. >> final thought from alice then we've got to go. >> paul, with all due respect, you act like harry reid has bent over backwards to compromise. >> yes. >> when basically what he's agreeing to is common sense spending levels. >> it's the law. >> we've racked up more debt under obama. >> you say it's common sense but it's not what the democrats wanted, correct? >> it's hard for the democrats to do. i help president clinton balance the budget and republicans wanted our surplus. >> spending levels were already current law, paul. he simply agreed to current law. he didn't agree to cuts that weren't already in the law. that's simply not true. >> appreciate the panel for being here. for more go to cnn.com. just ahead a lady who's 92 years old itching to get back to work. she's working.

she's the nation's oldest national park ranger. she's been furloughed because of the government shutdown. she herself says, i don't have a lot of time left. what they're doing in washington is affecting me badly. i'll talk to her what she wants to say to congress. also kendrick johnson's parents are trying to absorb the shocking new revelations about what happened to his body after he died. there could be potential new evidence. my interview with them and their attorneys ahead. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars.

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california officials today declined to foot bill for reopening national parks in the state. the interior department made the offer so the visitors wouldn't miss out on the national parks or rosy the riveter national historical park in richmond, california. it's also home to betty reid sosken who at 92 is the nation's

oldest park ranger. >> betty, you said that because of your age this is your last decade, you can't afford to have anybody wasting your time. when you heard about this government shutdown, what does it mean to you? >> it mean that is when i've gotten to be 92 years old, that there comes along with that a sense of urgency, a sense that if i don't get it right this time, i don't have time to do it over. that gets applied to work that i enjoy. and having the shutdown is -- >> do you feel like they're wasting your time? >> yes, i do. >> does it make you feel like kind of the only adult in the room when you watch some of these politicians talking about this stuff on tv? >> yes. yes. that's true. i feel like -- and i think washington needs a lot more adults. >> what would you say to them if

some of them were watching tonight? what do you want them to know? >> i'm not sure that i'm wise enough in what they're dealing with to be able to give anyone any advice. i only know how it's affecting my life. and i'm not sure where the power lies anymore. and that uncertainty is disheartening. >> do you think politicians understand the impact on someone like you? >> no. i really don't. i really don't. i think that they've lost touch with those of us who are working. >> what is it about your job that you love? >> uniquely, my job allows me to help to shape an emerging national park. because i was a primary source, because i was here during that period that the rosy the riveter world war ii home front national historical park celebrates. and i was here working in

california. >> you were working during world war ii. >> i've become a primary source of stories. i was working in the segregated union hall. >> so what do you tell people about that time? you're able to communicate with people who come to the park about what it was like to work there during world war ii. >> what i tell them is that ken burns and tom botta told the story of the battles of the fighting war, but that no one over these 70 years has told the story of the rest of america, of roosevelt's great arsenal of democracy, of extraordinary, ordinary people who became the most lethal force for mass production that i guess the greatest mobilization since the building of the pyramids or the great wall of china, that that

story has never really been told. and what we get to do is to go back and revisit that history and catch those lost conversations and untold stories that were left lingering. >> and i know you've become -- you're not just popular in the park. you've become popular across the nation. i hear you're doing the arsenio hall show in hollywood. how's that? >> yes. that developed today. and i'm just learning -- i just had my first rehearsal. >> are you nervous? >> oddly enough, i was much more nervous before i got onto the stage. and in that walk through, the initial rehearsal, he is so comfortable that i lost all the nervousness. until i had to come face you. >> oh, no. that's terrible. i hope you don't feel nervous anymore. do you think you'll get back to work at the park soon? >> i hope so. i hope that this doesn't last

many more days. >> well betty, i hope you get back there soon too. and i'd love to see you in your job someday. i hope i can one day come and visit. betty, thank you so much. >> i hope you get out to our park. thank you very much. >> 92 years old. coming up the tragic and mysterious death of a teenager found dead in a high school gym in georgia rolled up in a mat. i'll speak with his parents next. later new indictments in the new york biker attack. we'll tell you who. ñó5wó ñw?ñçñññw?ñçó]ç9wjyó

welcome back. there may be a new piece of evidence in the question of whether the death of a 17-year-old young man at a high school in georgia was an accident or murder. kendrick johnson was found dead in a rolled up mat at the school's gym in january. authorities said it was an accident that he suffocated in the gym mat while reaching for a sneaker. from the beginning, johnson's parents were skeptical. they got a second autopsy that concluded he died of nonaccidental blunt force trauma. many heart-breaking and baffling elements to this story. when kendrick johnson's body was ex humid, his internal organs were missing. his body cavity was stuffed with newspaper. a lot of questions about the investigation as well. blood found on the wall of the gym, for instance, was never tested. now attorneys are hoping surveillance evidence could show what really happened.

>> victor, you discovered there's footage from security cameras in the gym when kendrick johnson died. does it shed any light on his death? >> not much yet. we know that there are at least four cameras in this gym. we requested all of the stills. they take stills and not streaming video. they sent us these stills, seven pictures of kendrick running into the gym. we asked what about the pictures after this and before it? we were told those are considered educational records. and only because we have clearance from the johnsons can we have pictures of kendrick. but any other pictures could be exempt because it would show a student's educational record. >> does that mean there are other students in the pictures taken prior or after what they've released? >> that's the implication. but when that was our followup question, are there students then in the other pictures? they just repeated, those pictures are protected by the exemption for educational records. >> has it ever been explained how allegedly his shoe -- they

say he was reaching for his shoe in the rolled up mat and that's when he got stuck. have they ever explained why his shoe would have been in the bottom of a rolled up mat? >> according to students who spoke with the police in the file we received from the deputies, there are students who hide their shoes in places around the gym because apparently there aren't enough lockers in this high school. the question we then asked, there are 21 mats in that corner. if a student is hiding those shoes, why would that student choose the mat farthest in the corner to hide those shoes with no plan of getting them out? >> and the johnsons' attorney they're now planning to file a lawsuit early next week. do we note details? >> yes, as early as tuesday. and the plan is to implore the district attorney to force the coroner to launch what's called a coroner's inquest. it's like a grand jury. five people from the community with one alternate would listen to testimony, look at evidence and determine how kendrick died. fit was an accident or if it was a homicide. now it's not just semantics. because if they determine that his death was a homicide, it

changes the cause of death on the death certificate to homicide. that then goes to the district attorney in the county who could then start the ball rolling for another formal investigation to look for the person responsible for that homicide. >> all right. victor, appreciate the update. thanks. >> sure. yesterday would have been kendrick johnson's 18th birthday. his parents, kenneth and jacqueline johnson, continue honoring their son's memory by trying to get to the truth. they join me along with their attorney. >> mrs. johnson, thursday would have been your son kendrick's 18th birthday. and i know you're planning a party for him tomorrow. tell me a little bit about what he was like. >> he was fun. he was an athlete. he was a jokester. he was the life of our house. >> i can't imagine how difficult that must be to not only to lose a son but to try and get justice for him. why do you continue to -- the idea of having a party, is that to keep his spirit alive?

>> yes, it is. >> mr. johnson, originally investigators told you that kendrick climbed into a gym mat reaching for a shoe and got stuck upside down. and that's how he died. when you first heard that, did it sound believable to you? >> no. it didn't sound believable at all. >> and you hired your own pathologist to autopsy kendrick. and that pathologist concluded he died from nonaccidental blunt force trauma, nonaccidental asphyxia what the investigators first said. when you heard what he was saying what went through your mind? >> it went through my mind that we was right from the beginning, and that we always suspected something happened, we just didn't know what happened. and it just confirmed our belief that we was right. >> did authorities -- i mean, were they in contact with you throughout the investigation?

did you have confidence in them at the time? >> we didn't have any confidence from the first time that we talked to the sheriff. and he came up with this cockamamie story of how they found kendrick. right there from the beginning we had no reason to trust them at all. because they didn't show us no justice. >> mrs. johnson, how have you been getting through this? how do you get through each day? >> just to know that we're fighting for kendrick is what gets me up in the morning, that we got to fight a little harder every day. >> do you still talk to him? >> i do. i tell him i love him and i miss him. >> does that help you get through the day? >> it gives me motivation to keep fighting for him until we get justice. >> mr. johnson, i know when you

exhumed kendrick's body, what i was just stunned to hear -- and i'm sure you were as well -- that as you know i mean his internal organs, including his heart, his brain, it had all been removed and there was newspaper inside his body in place of those organs. was there any indication by the funeral home director that they had done that? that his organs had been destroyed or were missing? >> no. not at all. we talked to him four or five times or even more. he never indicated that that had took place. not even once. >> mr. johnson, i want to ask you the question i asked your wife. what do you want people to know about your son? >> well, that kendrick was a

loving son. i mean, he was a good brother. he was just someone that every parent all over the world would want to have a son like kendrick. kendrick was a great boy. and he had good manners. he never got in trouble, not even once with the law. and he just was a nice child. everyone would have liked to have had a son like kendrick. >> mr. and mrs. johnson, again i'm so sorry for your loss. and i wish you the best in the days ahead. and mr. king, i appreciate you being on as well. thank you. >> thank you. >> you're welcome. thank you. coming up, new indictments in the attack on an suv driver by a group of bikers. the driver appears in public for the first time since the incident on the streets of manhattan. later, an elephant charge as zookeeper. details when we continue. [ woman #1 ] why do i cook? ♪ because an empty pan is a blank canvas. ♪ [ woman #2 ] to share a moment. ♪

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new developments in the assault of the driver of an suv in new york. cnn has confirmed a third new york police officer who was at the motorcycle rally linked to the attack waited for days to report that he was actually there. he apparently works in internal affairs. also today cnn affiliate wabc shot this video of the man who was beaten. it's the first time he's been seen in public since the incident two weeks ago.

he was treated at a hospital after the attack. the case of course is getting national attention because of the video that's been viral was shot by a motorcycle cop helmet cam. seven bikers have been charged, six on the actual assault of the suv driver. one of the bikers charged is an undercover police officer. turns out he'd infiltrated the occupy wall street movement. that's him highlighted in this photograph. a grand jury is investigating all of this. tonight there are new indictments to report. so what happened in court today, susan? >> reporter: two more bikers have now been indicted, total of three between yesterday and today. they'll be formally arraigned on october 30th when they get a chance to enter a plea. also we have learned that some important information about that as well, that the undercover off duty officer you were just talking about and another officer and another biker, i should sigh, are expected to

testify before the grand jury to tell their side of the story as early as next week. and, i'm told, more arrests are expected, anderson. >> and that testimony obviously is not public. do we have any idea what their possible defense might be? >> reporter: yes, we do. this is kind of interesting. it was flagged by the attorney for that undercover off duty officer. it appears as though he might try to argue that he and other bikers were following this suv because they believed he was involved in a hit-and-run accident. well, it still doesn't explain why in the case of the undercover officer he would have waited at least three days to report this to his superiors and possibly participated in the assault. >> there was a third police officer who was there that day and waited to tell his superiors. he is from internal investigations? >> we are told a third one took his time to report this. the lawyer who represents this officer who is still on the job

said that he did not witness any of the assault that we've seen time and again on this viral video. and however, the attorney did not explain why he waited in this case according to my law enforcement sources at least a week to report this to his superiors. but the lawyer feels that he will be vindicated, that he didn't do anything wrong. my sources tell me he is being investigated. >> susan, appreciate the update. thanks. let's get some updates on other stories we're following. randi kaye. >> reporter: another military officer in charge of the u.s. nuclear arsenal has been fired. in a statement, the air force says major general michael kerry has been relieved of his command because of a loss of trust in his leadership and judgment without being specific. a military official tells cnn kerry was fired over allegations of alcohol use on duty. another ship carrying hundreds of migrants capsized today off the coast of an italian island near sicily. more than 200 survivors have been rescued, at least four people died.

just last week you might recall more than 300 african migrants were killed in a shine wreck off the very same island. a zookeeper in missouri has been killed by an elephant. john philip bradford worked at the zoo for 30 years. bradford was in the elephant enclosure when two other workers when a 41-year-old elephant charged him. officials don't know what set the elephant off. apparently there were no problems with this animal before. a jury in california has decided toyota was not responsible for the 2009 death of a woman whose camry hit a telephone pole. the woman's family says the car suddenly accelerated to more than 100 miles per hour, even though she was pressing the brakes. toyota recalled more than 8 million vehicles in 2009 and 2010 because of issues with the gas pedals. and the international watchdog group that's helping to get rid of the syrian army's poison gas stockpiles was awarded the nobel peace prize. the organization for the prohibition of chemical weapons has just begun its work in

syria. today's award honors the group's long-standing efforts to eliminate chemical weapons. anderson? >> i know a lot of people were wondering if maybe molalayousevzai would receive it. an actor who found his true calling rescuing abandoned animals. it's an american journey you didn't expect. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars.

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in tonight's american journey, an actor who discovered his true calling in the california desert when he stumbled on three decades ago has to do with caring. the lives he saved are very real. here's tom foreman. >> reporter: in the hills up above los angeles, a down to earth journey goes on. >> yes, that's a good girl. >> reporter: every day leo grillo takes one more step down an unexpected trail. >> these dogs are all abandoned in the wilderness. i bring them here with the promise that it's never going to happen again. my promise to them is, i'm keeping you safe. >> it started in 1979 when grillo, an actor, found an abandoned dog and took him in naming him delta. then he found another dog and another and another.

and 35 years later, delta rescue now covers more than 100 acres, land filled with animals, every one of them found after being abandoned. >> we'll have anywhere 850 to 900 dogs. cats are 650. horses are about 40. i have a handful of goats and a pig. you never know. >> reporter: an $8 million budget fuelled by donations provides food, water, housing and a full-time veterinary hospital. >> this cat here had some bad teeth. and i'm pulling some bad molars. >> reporter: no animal is ever put up for adoption. and in many ways, grillo helped pioneer the idea of a no-kill rescue center. and every animal you see? >> they're here for life. bentley, come here. it's okay. >> reporter: it is much bigger, more time consuming, more exhausting than leo grillo ever imagined. but when he looks out over this mountaintop home he has given to thousands of ute