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Isaac May Trigger Flooding in Haiti; GOP Prepares for National Convention; Legal Panel Discusses Patents, Texas Hold'em; Pageant Mom May Lose Custody Of Daughter; Man Sues Gun Range Over Ladies' Day; Campaign Apps Raise Privacy Concerns; Woman Falls On Subway Tracks

Aired August 25, 2012 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

FREDRICKA WHITFIELD, CNN ANCHOR: We're going to continue to keep a close watch on Tropical Storm Isaac, right now making its way around Cuba after leaving an awful lot of rain in Haiti. You're looking at the map right now as it continues to generate some power there. Dumping a whole lot of rain in Haiti. The last thing that people need there, so many people still living in tent cities as a result of an earthquake two years ago. Now being hammered by a lot of wind, a lot of rain.

We're going to be joined by our Jennifer Delgado momentarily to give us an update on where the storm might be heading next. But first, Martin Savidge in Haiti.

(BEGIN VIDEOTAPE)

MARTIN SAVIDGE, CNN CORRESPONDENT: Fred, there is a little bit of improvement. At least the winds have begun to subside here in the southern part of Haiti. But the rain continues to come down. And it's always been feared the rain was the real danger.

Last night the winds picked up around 11:00 last night, and they continued that way until about 10:00 this morning. Whipping the trees into a frenzy, bringing down branches, in some cases bringing down whole trees. The power lines have been brought down in certain areas. There is no power here except that which is being produced by a generator. Cell phone communication has been in and out.

But it's the flooding that is the real concern and always has been for Haiti. Haiti is very mountainous. A lot of the trees and brush have been cleared from those mountains by people burning it or using it for construction, so the truth is, that water -- and it depends how much water, but it's been projected anywhere from a foot or more could come crashing down.

That triggers one of two events. One, flash flooding, which in Jacmel is a very real possibility. The other, landslides. And those are dangerous whether it's here or Port-au-Prince. We have not heard of that happening, but quite frankly, you have got to remember, emergency communication, emergency response in this particular country is weak at best and probably almost nonexistent.

We have not seen traffic on the streets. We've seen some people out and about. We do know just around the corner there is structural damage, tree damage. So it's hard to really give you an estimate as to whether there have been injuries. Hopefully no fatalities, and how extensive the damage is.

One thing is certain, Isaac delivered a battering blow to at least the southern part of Haiti. Port-au-Prince appears to have been spared somewhat, but the reality is we probably won't know for some time. Meanwhile, the rain continues to fall -- Fred.

(END VIDEOTAPE)

WHITFIELD: All right. Thanks so much, Martin Savidge.

You can follow the latest on Isaac on our website, CNN.com/impact. There you'll find photos, satellite images and information on how can you help storm victims recover from Isaac.

So new projections are out on where the storm just might be heading next. Let's go to meteorologist Jennifer Delgado.

This is a tough storm to predict, isn't it? Because while at first it appeared as though it would hit Cuba and then break up and then generate speed, it's bypassing Cuba apparently. Right?

JENNIFER DELGADO, AMS METEOROLOGIST: Yes. It's actually hugging the coastline. And the problem is, while it's not going to be interacting with Cuba, this is going to allow it more time to develop.

Now as I show you on our graphic here, I want to point out to you, we do have a hurricane threat, of course. We have warnings in place anywhere you're seeing in pink. South of Bonita Shores down towards Key West. You can see Key Largo. Anywhere you're seeing in red, and that includes the Bahamas, we do have a hurricane watch in place.

But, yes, we are very concerned about this, because now you can see some of the tropical storm warnings and watches have been extended. Look at this. For Flagler Beach, all the way down toward Sebastian Inland, we're looking at yellow. That's the watch. Anywhere in blue that is tropical storm warning. And that means those conditions are expected as we go through tomorrow morning. Conditions are really going to go downhill for parts of Florida and of course over towards the western coastline, we do have a -- I should say a tropical storm watch in place.

Here it is on the satellite imagery. You're probably wondering where is that circulation? It's right about here. Just to the eastern part of Cuba. It looks like it's going to be moving through the Florida Strait. But the problem is, as it does move through there, we're talking very warm waters, so this is going to be the fuel for it to develop.

Now as we take it into the future, want to point out to you as we go through Sunday morning, there is the location of Isaac. And you can see the winds, 65 miles per hour. And then on Sunday, winds 75. Just at hurricane strength. And it's going to continue to sweep up towards the northwest very likely. And that means hurricane conditions are expected tomorrow for parts of Southern Florida. Of course, the Key West.

As we take it out into the future, this is new, Fredricka. Notice now, because it's going to be moving in that warm water, we're talking potential for a category two. So the storm could certainly get stronger as it moves in this favorable environment. And then we go even further into the future.

Notice as we go through Wednesday as well as into Thursday, we're talking still a tropical storm out into an area of low pressure, and this is going to be bringing a tremendous amount of rainfall. Very quickly, I have one graphic to show you. Yesterday some of the models were in disagreement. Now you can kind of see all of them are really kind of taking it to the Florida strait.

But we want to point out to you, for areas including New Orleans over towards the western coastline of Florida, everybody needs to be prepared for the potential of Isaac to go in their direction, because there is still some uncertainty with that.

WHITFIELD: Yes. And those Gulf waters, very warm.

DELGADO: Temperatures in the 80s.

WHITFIELD: Yes, that means, I guess, helping that storm to pick up speed.

DELGADO: Absolutely. Needs some warm water and open water to develop.

WHITFIELD: All right. Thanks so much, Jennifer Delgado, appreciate that. You keep us posted throughout the afternoon.

Meantime, let's look at a very different dynamic now. A pair of typhoons threatening to unleash major damage overseas. A typhoon roared ashore in southern Taiwan on Friday causing damage and dumping torrential rain there before moving out to sea. Forecasters warn the storm could turn around and strike Taiwan a second time next week. And Okinawa, Japan, is bracing for a direct hit from a super typhoon tomorrow. Damage there could be the worst in a decade.

You know that cool kind of finger scrolling feature on your iPhone? Perhaps you have a Samsung Fascinate or Galaxy? Well, Apple wins a major victory in federal court. It's their patent, and Samsung shouldn't be free to use it. A federal jury in the copyright infringement case ruled that Samsung has to now pay Apple more than $1 billion in damages. The ruling says Samsung willfully violated Apple's patents in developing mobile products. Samsung says it will appeal. And we'll have much more on this story later on with our legal guys right around the corner.

And we head to the Republican National Convention in Tampa, Florida. Thousands of delegates that may be faced with an unwelcomed complication. That in the form of Tropical Storm Isaac.

(COMMERCIAL BREAK)

WHITFIELD: All right, just two days before the Republican National Convention kicks off in Florida, and presumptive GOP nominee Mitt Romney is courting voters in another battleground state, Ohio. And running mate Paul Ryan is by his side. They held a rally outside Columbus this morning. And both took aim at President Obama's economic record.

(BEGIN VIDEO CLIP)

FORMER GOV. MITT ROMNEY (R-MA), PRESIDENTIAL CANDIDATE: But as he lays out all these wonderful things he's going to do, people are going to stop and say, but how are you going to do something different than last time? They've experienced the last four years. They know if they re-elect him, they get four more years of the same. It is not his words that people have to listen to, it is his action and his record. And if they look at that, they'll take him out of the office and put people into the office who will actually get America going again.

REP. PAUL RYAN (R-WI), VICE PRESIDENTIAL CANDIDATE: President Obama came into office promising to lower the unemployment rate. It would never get above 8 percent if we just pass this stimulus legislation. It's been above 8 percent for 42 months.

(BOOS)

The unemployment rate in Massachusetts went down under Mitt Romney's leadership.

(APPLAUSE)

Family income, we just saw some new really ugly statistics this morning about how the middle class has been hit so hard in the last three and a half years. Family household incomes have gone down by more than $4,000 over the last four years.

(END VIDEO CLIP)

WHITFIELD: And in just a few days, Ryan and Romney then head to Tampa, Florida, for the Republican National Convention. That four-day event kicks off Monday. Tropical Storm Isaac is threatening to cause a few problems.

CNN political director Mark Preston is in Tampa.

So, Mark, how are people preparing for the potential of Isaac?

MARK PRESTON, CNN POLITICAL DIRECTOR: Well, you know, it's really interesting. We're here at the University of Tampa right now, Fredricka, and we have students moving into their dormitories. You would never know that, in fact, there is some concern that this tropical storm could cause some damage certainly to this area. It was only a couple of months ago where Tropical Storm Debbie did come marching up this way and caused some massive flooding here in the Tampa area. But we have 50,000 people coming in for the Republican National Convention.

And I have to tell that organizers are very, very concerned. They're concerned for two reasons. It will take the Republican ticket's messaging off. It will force all thought to be on what happens if this storm does, in fact, come very close to Tampa? What do you do with these 50,000 people? How do you get them out of here?

But also, Fredricka, if this storm goes up into the Gulf and it does make landfall and cause some destruction up there as well, how do you hold a convention down here?

So they've been holding meetings late last night. They've been meeting this morning. And Fredricka, I have got to tell you, nobody really knows the answer what's going to happen.

WHITFIELD: So on the table, are they actually considering at what point they would actually have to cancel the convention?

PRESTON: Well, what would happen is the most important thing that happens during one of these conventions is to ensure that Mitt Romney becomes the nominee for the Republican Party. So a lot of reasons for that, but primarily because Mitt Romney would then be able to start spending general election funds. They have that already set up. That will happen on Monday, just as the storm is starting to come up and through the Gulf. So technically that will be OK. But as far as what happens with all the visitors, you know, people here in Florida know how to get out of harm's way. They're pretty used to it, Fredricka, so I think they're OK on that.

WHITFIELD: Right. It's just the people that are coming in who may not be as familiar that many folks are most concerned about. All right. So say things continue to go on as planned in terms of the convention officially begins on Monday. Ann Romney was scheduled to speak at the convention on Monday, but her speech has been moved to Tuesday. Is that related to the storm or is that something else?

PRESTON: No. It has to do with the fact that the three broadcast networks have decided that they were not going to air the first night of the Republican National Convention. That's the night that Ann Romney was going to headline. The Romney campaign wanted a bookend effect. Ann Romney kicking off the convention, Mitt Romney closing it. However, they realized after the broadcast networks said they would no longer carry the convention that night, they wanted to showcase Ann Romney. She is a very good surrogate. She's a very good speaker on behalf of her husband.

There was a little bit of a kerfuffle, though, because in fact they were thinking of moving Marco Rubio, one of the rising stars in the Republican Party, out of his speaking slot. Marco Rubio is supposed to introduce Mitt Romney on Thursday night. There was some consideration of taking him out and putting Ann Romney in that slot. After a few hours yesterday, a lot of moving around, they decided to leave Marco Rubio there. Ann Romney now will speak on Tuesday night, the same night that Chris Christie gives his big speech. But, of course, that's all up in the air.

(CROSSTALK)

WHITFIELD: There's a lot up in the air, just two days away from the official beginning of the convention. Keep us posted on what ultimately happens. Thanks so much, Mark Preston. Appreciate it.

Don't forget this programming note. CNN's live coverage of the Republican National Convention does start Monday night. 7:00 p.m. Eastern as far as we know.

All right. A massive blast at one of the world's largest oil refineries leaving dozens of people dead or injured. We'll have the very latest on that.

(COMMERCIAL BREAK)

WHITFIELD: The casualty count is rising following a massive blast at an oil refinery in Venezuela. Authorities say an explosion rocked the Amuay oil refinery early Saturday, killing at least 24 people and injuring 82 others. A gas leak reportedly sparked the blast causing significant damage to the refinery and nearby homes. Venezuela is the world's fifth largest exporter of crude with the U.S. being one of its biggest customers. No word on what if any effect the blast could have on oil prices.

In Afghanistan, a senior Taliban leader has been killed in a NATO air strike. He and his deputy were among several insurgents killed Friday in Kunar province. No civilians were injured and no property damage in the strike, according to ISAF officials.

All right. Chess, golf, no argument that they are games of skill, right? Poker? Well, it's at the heart of a case that our great legal minds are going to make a move on. Right after this.

(COMMERCIAL BREAK)

WHITFIELD: You know that finger scroll kind of feature on your smartphone? Well, it's at the center of a patent infringement battle between Apple and Samsung. The jury awarded Apple a big victory. Samsung must pay Apple more than $1 billion in damages. Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: Hello. And Richard Herman, a New York criminal defense attorney and law professor, joining us from Los Angeles today. Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: All right. Gentlemen, this is a very fascinating case, because you know, people are very familiar with that whole turning a page feature. You are using your finger to scroll a phone on iPhones and then on Samsung phones and some of the others, too. But now we're talking about Apple winning this patent infringement suit.

Richard, you first. And this is interesting, because whenever a company comes out with a new invention or a new idea, others follow suit, like in cars or in other, you know, cell phones, televisions. What is different in this case that Samsung will get nailed for copying, so to speak, a design, an invention, an idea of Apple's?

HERMAN: Fred, here it is. I just got it. What am I going to do with this thing now?

WHITFIELD: That's your Samsung.

HERMAN: The Galaxy. That's my Samsung Galaxy.

WHITFIELD: But they don't really means you can't still use it. It's just the problem for those who, I guess, were expecting to get the next generation of Samsung's Galaxy. But go ahead.

HERMAN: Yes. You can use it for now, at least. But listen, you know, Apple works very hard to develop their technology. And they protect their technology by patenting it. And when other companies get desperate, as Apple argued Samsung got a couple of years ago, they try to steal some of that technology, and they got caught with their hands in the cookie jar.

Now this is a million -- a billion dollar verdict, Fred, that could be trebled to $3 billion. But just understand, last year, Samsung made over $8 billion with the sale of their phones. So--

WHITFIELD: So $1 billion is really not going to hurt.

(CROSSTALK)

HERMAN: They're not going out of business for this, right.

WHITFIELD: OK. So, Avery, you know, what is at the heart here? There are a few things. It's the design. There were three patents in particular that Apple said, wait a minute, our patents were stolen, robbed, borrowed. We didn't get credit for it. Isn't a case Samsung said we really like that design. We like those patents. Can we pay you a price? Here are some of the claims that Apple has, the features that were stolen. Say Samsung said we love these things. We'll pay you for a price. Then it would have been OK? Or is it the issue that they kind of stole or borrowed? How did Apple win this case?

FRIEDMAN: That's the point. Apple's claiming they stole it. You know what's amazing, in this profoundly complicated case, Fredricka, there were 700 questions that the jury was required to answer. Seven of which dealt with the question of design and software. And there was no question in the mind of the jury.

But, yes, it sounds like an enormous amount of money, $1 billion. It's the tip of the iceberg. And this is one of many cases going on. Take it to the bank, this case is going to the court of appeals in San Francisco, along with other cases worldwide. So while it's a significant, powerful patent infringement decision, we're only in the middle of it. If Richard is concerned about losing the Samsung, he can hold on to it. This thing is far from over. Far from over.

WHITFIELD: OK, meantime--

HERMAN: Fred? WHITFIELD: Yes? Go ahead.

HERMAN: You know how complex patent law can be. And Apple's attorney in summation said to the jurors, listen, this, does it feel like an Apple? Does it work like an Apple? That's the problem here.

FRIEDMAN: It's an Apple.

HERMAN: And the juries all came back and said, yes, it does.

WHITFIELD: OK. And Apple said this in a statement yesterday. Let me pull it up here. OK, we applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right. But then Samsung says, oh, no, we're going to be appealing. And said this, "Today's verdict should not be viewed as a win for Apple but a loss for the American consumer. It will lead to fewer choices, less innovation and potentially higher prices." So it's not over yet.

HERMAN: Yes, we'll see.

WHITFIELD: We'll see when they have to pay or if they ever have to pay that billion dollars.

Let's move on to something else. This is an interesting case involving the game of poker. And so a game of poker or a few games of poker being played in the basement of a Staten Island home. And then comes I guess a challenge as to whether poker is considered gambling or is it a game of skill or is it by chance? Which is it? Well, apparently a federal judge actually ruled that poker is a game of skill. It's not a game of chance. So hence it was not gambling. Avery?

FRIEDMAN: This is an amazing decision, Fredricka. It was 120 pages, written by one of America's legendary federal judges, Jack Weinstein. And what he did is he relied on an expert who testified that in examining 150 million hands of poker -- 415 million hands of poker, it is skill like -- and he equated it to golf.

WHITFIELD: Or like chess.

FRIEDMAN: And what the judge did -- yes, like chess. Well, chess has higher skill, but playing golf or playing bridge is the equivalent of playing poker. It's not chance, unlike, you know, lotteries or slot machines or something like that.

So what the judge did is threw out the criminal case. What a stunning, amazing opinion. I don't think it's going to deter the Justice Department from prosecuting cases under racketeering, for example. But wow, what a blockbuster. I think it is absolutely amazing.

WHITFIELD: So, Richard, how do you see this potentially changing the landscape of what is considered legal play?

HERMAN: Well, Fred, understand that last week in New York City, there was talk of having -- if they'd voted last week, that it would have been approved for Vegas type gambling in all five boroughs in New York. New York wants gambling. That's No. 1.

No. 2, this decision by Judge Weinstein, and Avery is right, he's a legend. Fred, this doesn't get any bigger than this in New York, especially in federal court. I've been before Judge Weinstein before. He handles a lot of the mob cases. He is a very prolific judge.

He took his time. He wrote an extended, over 100-page decision here. And he relied on an expert showing that skills statistically had a significant effect on Texas Hold'em. However, the judge did say, listen, the government went under a gambling statute, and had they gone under RICO or state laws, they could have shut this down and got the conviction.

I think that's where the government is going to go in the future. I wouldn't get too excited about this right now, New York, but gambling is coming to New York. It's definitely coming there, Fred.

WHITFIELD: Interesting. You have to wonder whether Judge Weinstein is a poker player, because you know, he was holding (inaudible) high esteem that it is a game of skill.

HERMAN: He's all in. He's all in.

FRIEDMAN: Who knew, who knew, Fredricka? We have no idea.

WHITFIELD: Who knows? I know. All right, we're going to see you again in about 20 minutes. We're going to talk about another case that is raising a few eyebrows, this involving a little girl who was dressed up as Dolly Parton with the accoutrements and everything. And now apparently the estranged -- the estranged father is saying oh, no, I want custody of my daughter. So we're going to delve into that one coming up.

Also, gentlemen, new information on that shooting at the -- near the Empire State Building. We'll have a live report up next.

(COMMERCIAL BREAK)

WHITFIELD: Tropical Storm Isaac is setting its sights on Cuba and the U.S. after delivering a punishing blow to Haiti. The damage is just being assessed. But the big concern, flooding, is being seen in at least one tent city in the capital of Port-au-Prince already. Thousands of people left homeless in the 2010 earthquake are still living in tents. So far, there are no reports of injuries from Tropical Storm Isaac. But again, the assessment is just beginning there.

Meantime, we have new information on the shooting near New York's Empire State Building. Police now say all nine people hurt on the street were hit by police gunfire.

Let's get to Jason Carroll. And Jason, we kind of heard from the police commissioner and from the city mayor that this potentially might have been their conclusion.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, as you know, Fredricka, there is a lot of speculation initially about how exactly those nine bystanders were injured. But now this morning we are getting new information.

This coming from Police Commissioner Ray Kelly who tells us three of the nine were actually struck by bullets. The rest, he says, were hit by fragments.

(BEGIN VIDEOTAPE)

CARROLL (voice-over): Police surveillance video captures the shooting in front of the Empire State Building. The 58-year-old Jeffrey Johnson suddenly appears to pull a gun when confronted by two police officers.

Police fire, Johnson goes down. Amateur video shows a different angle. Johnson is still moving after being shot. He dies a short time later. Nine bystanders are hurt during the shooting including, Robert Asika, a tour guide.

ROBERT ASIKA, SHOT IN THE ARM: When I turned around, I saw a guy reach in his suit and he pulled out a gun. Then I guess he shot the police officer and a police officer shot him and one of them shot me in the arm and I fell.

CARROLL: None of the bystanders' injuries were life threatening. Police fired 16 rounds, but were quick to explain why so many innocent people were hurt.

COMMISSIONER RAY KELLY, NYPD: There were flower pots and other objects around. So when the officers did fire, the bullets fragmented and in essence that's what caused the wounds of the bystanders.

CARROLL: Police say the shooting happened moments after Johnson shot and killed a former co-worker, 41-year-old Steven Arquilino. Johnson was a women's accessories designer at Hazan Imports. He was laid off a year ago.

But had a long standing grudge against Arquilino over sales of his designs. Witnesses say Johnson used his .45-caliber pistol to shoot Arquilino in the head then kept firing at him.

UNIDENTIFIED MALE: We heard pop, pop. So we think it's like construction site. We think metal or wood fell. It was loud. Then we heard four more shots, pop, pop, pop, pop. OK, that is gun shots. So we all kind of like, you know, we scoot over and we look and we see a guy in a gray suit just walking away.

CARROLL: Johnson's neighbors say he lived alone at this apartment building in New York's Upper East Side with his cats, one had recently died.

GISELA CASELLA, JEFFREY JOHNSON'S NEIGHBOR: I'm in shock. I can't believe it. He was the nicest guy. I think he snapped or something. I don't know.

(END VIDEOTAPE) CARROLL: And Fredricka, Kelly also saying this morning that six of the victims were released from the hospital. There are three still hospitalized, but none of their injuries are reported to be life threatening -- Fredricka.

WHITFIELD: All right, thanks so much, Jason Carroll. Appreciate that from Midtown Manhattan.

All right, our legal guys are going to be back and they have a couple interesting cases beginning with one kind of highlighting, you know, sometime ladies get free or discounted drinks at bars for special promotions, but what about at a gun range?

A Maryland man is so fired up over a ladies' day promotion that he is actually suing. Our legal guys will be weighing in on this one.

(COMMERCIAL BREAK)

WHITFIELD: A little girl dressed up as Dolly Parton featured on the popular reality TV show "Toddlers & Tiaras" is the centerpiece of a custody battle that could get ugly.

In an episode last year, Lindsey Jackson dressed her daughter, who is now six, in this costume, the one you're about to see.

(BEGIN VIDEO CLIP)

LINDSAY JACKSON, MOTHER: When she wears the fake boobs and butt, it's an added, you know, extra bonus. It's really funny when she comes out on stage, everybody thinks it's hysterical.

(END VIDEO CLIP)

WHITFIELD: But the dad is not laughing. In fact that, on that episode sparked so much controversy that "People" magazine featured Maddie on the cover last year with the headline asking "Gone too far?"

Well, Jackson's estranged husband, Bill Verse, the father of little Maddie does think so that they've gone too far. He is now fighting for full custody of Maddie.

Our legal guys are back. Avery Friedman in Cleveland and Richard Herman in Los Angeles. All right, gentlemen, so Avery, you first. Is the video on this television show enough to help the dad substantiate his claim that his daughter is being sexually exploited?

FRIEDMAN: Yes, I think she is being sexually exploited. The problem here is Linda Jackson, the mom, who is utterly no judgment in my opinion in dealing with a 5-year-old is actually in a showdown legally with the ex-husband.

The father, who is a convicted felon, who is convicted among other things of child endangerment so I mean, neither of these parents are going to wind up with the defense parent of the year award.

The problem that the judge has is he's going to be looking to what a guardian is going to say about what's in the best interest of Maddie. And that will result, in my judgment, in a shared custody relationship conditioned on sending both of these adults.

And they're adults chronologically frankly to anger management parenting classes so the child can have a responsible upbringing. What a terrible exploitation. The judge has a chance I think to do something about it.

WHITFIELD: Well, there are awe few components. I mean, would the television show also be accused of being complicit because, you know, they aired the material?

HERMAN: I think the mother is psychotic, Fred. She is a psycho freak. I think the producers, the directors and any of the parents that are involved in these shows like "Toddles and Tiaras" should all be prosecuted for child abuse.

You want to go after people playing Texas hold them. Why don't you go after these animals that are destroying these young children? What is the long term affect of this behavior on these kids? This is child abuse, Fred.

You can't take a 4-year-old and try to dress her up as a sexy older woman, put fake boobs on her and buttocks. This woman thinks it's funny. It's atrocious. It's horrible. If the husband didn't have the felony conviction, he absolutely would gain custody here. They don't deserve custody of this child.

WHITFIELD: And it's DUI. I mean, there was the child endangerment. Is it alleged or was it substantiated that the child was in the car when he had the DUI? Are they connected?

FRIEDMAN: Yes. It doesn't matter. He was convicted of it. You know what? I don't know that I would call them animals. I'm actually in agreement.

I think what these parents have done and let what happened to Maddie happen is something that I think children services should look into. I don't know if these social workers are on medication or something. Somebody's got to look into this. This is serious stuff.

WHITFIELD: Yes, it is. OK, meantime, the judge did place a gag order on Lindsay Jackson, the mother. And also impose ban on any more pageant activity for Maddie and the mother until the duration of the trial.

HERMAN: Shut all these pageants down, Fred. They have to shut them all down.

FRIEDMAN: Absolutely right. I'm in total agreement.

WHITFIELD: OK, let's move on to another case. This one is in Maryland. This involves a man who went to a Maryland, you know, shooting range and they have this ladies' day. So the women get a break. Just like, you know, ladies' night. Go to a bar or a lounge and ladies' come in free, et cetera. Well this Maryland gun range is now being sued by this one patron who says, you know, it's discrimination.

Derrick Hunter had this to say about his suit.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Just because I'm a man doesn't mean that, you know, I should have to pay more. Two ladies came behind me. He told them they were free. I said why did I have to pay to use the range and they didn't?

(END VIDEO CLIP)

WHITFIELD: OK, he paid $15. They didn't. He's up in arms over it. Gentlemen, Richard? You first. He says he's suing for $200,000.

FRIEDMAN: You know where this is going, Fredricka. You know where this is going.

WHITFIELD: No, I don't. All right, Richard, you get to weigh in first.

HERMAN: Well, first of all, you know he is shooting blanks here, Fred, because his lawsuit is going absolutely nowhere. He gets no 14th Amendment protection here. This is a private gun club. The law is crystal clear in this area.

He will have no girlfriends. It's only $15, Fred. That's all it was. None of the women are going to like him at this club and it's $15, you know? Come on. They're doing a promotion. It's a private club.

I've gone to some of these gun clubs. I've hardly seen any women there so, you know, if they want to generate business in this environment, why not? It's not a problem here. This guy better get a grip.

WHITFIELD: All right, Avery, your turn to unload.

FRIEDMAN: Yes, well, I totally disagree. I looked at Maryland statute. This guy, believe it or not, has a case under the statutory public accommodations law, which prohibits gender preference.

Yes. He's going to win this case. Now his lawyer filed a $200,000 case. That's ridiculous. But the fact is on the merits, Derrick Hunter is going to win this case because there is nothing in the statute that permits an exception to discrimination, for example, for a promotion.

WHITFIELD: Really? So in that jurisdiction, no other place has things like -- so in that jurisdiction in, that district then where this statute would apply, there isn't like a ladies' night for a bar or anything special, seniors?

FRIEDMAN: Can't do it.

WHITFIELD: Really?

FRIEDMAN: Can't do it.

WHITFIELD: Wow. In response to this lawsuit, the Maryland Small Arms Range said this. Carl Roy, the president of this range said this, quote, "I think a business has a right to do what it wants to. A business should be able to conduct its affairs without government micromanaging." So we'll see.

FRIEDMAN: Good luck.

HERMAN: I'm in L.A. I have my Harvey Specter here going. Listen, Fred, what would Harvey do here? It's federal law controls this issue.

FRIEDMAN: What in the world?

HERMAN: It's a private -- "Suits." Come on, you watch "Suits," Avery.

FRIEDMAN: It's a statute. It's a statute.

HERMAN: It doesn't matter.

FRIEDMAN: They can change it.

HERMAN: It's a private club.

FRIEDMAN: Covered by law.

WHITFIELD: All right, I'm sure there will be a follow up that we get to talk about at another time.

FRIEDMAN: Absolutely.

WHITFIELD: We're out of time. All right, Richard, Avery, you both look great. Thanks so much. Appreciate it. Good to see you.

All right, the legal guys are here every Saturday. Thank goodness. They're always so dynamic. At this time, to give us their take on the most intriguing legal cases of the day or week or month.

(COMMERCIAL BREAK)

WHITFIELD: Both the Romney and Obama campaigns offer apps that their supporters can download on their mobile phones. But those supporters may not realize by using the app they're opening up some of their personal information to the public.

CNN's Athena Jones has that.

(BEGIN VIDEOTAPE)

ATHENA JONES, CNN CORRESPONDENT (voice-over): On the campaign trail, smartphones and tablets are everywhere. Now the Obama and Romney teams are taking this technology a step further. With apps that help supporters keep track of campaign activities and more.

But the apps also raise privacy concerns. The Romney campaign's app, which allows users to sign in through Facebook can monitor information from the user's friends on the site. The Obama campaign app provides data to help volunteers canvas. (on camera): We're here in the Georgetown neighborhood of Washington, D.C. The Obama campaign app plants blue flags at the homes of registered Democrats. We're going to see if we can talk to some of the voters. Does this concern you? I mean, the fact that this is available, someone could walk up to your door?

CHARLES HYMAN, GEORGETOWN RESIDENT: Of course, I'm concerned. Sure. Yes. Yes. I'm very concerned. I mean, you did it this morning. You walked up to my door. You knew where I was and knew what it was all about. I had no idea.

JONES (voice-over): It's not just about maps. These apps can also get access to a lot of information from those who download them. We asked privacy expert, Justin Brookman about this.

JUSTIN BROOKMAN, CENTER FOR DEMOCRACY AND TECHNOLOGY: It is designed to be exposed to the applications you download. Whatever they think is valuable as far as data monitoring, tailor message you to and figuring out who is going to give the most money, they have the ability to get. You can't say no to.

JONES: While the Romney campaign declined to comment, the Obama campaign said this campaign has always and will continue to take great care with the information that people share with us.

In this instance, all of the information available comes from publicly available data and the campaign can take legal action against anyone misusing this public data. Not everybody is worried.

Another Georgetown resident we found using the Obama campaign app called it harmless.

JEFF KAMEN, GEORGETOWN RESIDENT: Thirty years ago, if you worked for my party, any campaign and you want to find out where the registered Democrats in Georgetown, you would go downtown, make a copy of everybody's registration and go through the annoyance of looking for street addresses. Half a day's work. Now, 30 seconds. The bottom line is I do not feel that my privacy is threatened by this.

JONES: Athena Jones, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: And don't forget this programming note. CNN's live coverage of the Republican National Convention starting Monday night 7:00 p.m. Eastern.

(COMMERCIAL BREAK)

WHITFIELD: All right, now a scary moment. In Boston, a woman trying to board a train that was on the opposite side of the tracks and fell straight to the ground with her child in her arms and turns out she's OK.

But you know what? Everybody else kind of jumped into action. She still doesn't know why she did that. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You were walking to the train station. You saw the train. Where were you trying go?

MEERA THAKRAR, MOTHER: I just thought that train was at this platform, but it was on that platform. And it was not like -- I just said let me go there and just catch the train like I thought that train was on this platform.

I have no clue what I was thinking. I just wanted to make it to the train. It was not like I had to catch another train or something. It was really stupid of me.

(END VIDEO CLIP)

WHITFIELD: Wow, but lucky for her other passengers actually jump down there to rescue her and her son.

All right, our "CNN Hero" is using partner power to help cancer patients.

(COMMERCIAL BREAK)

WHITFIELD: The words you have cancer can be devastating for anyone to hear. "CNN Hero" Jonny Imerman received that diagnosis at the young age of 26. Well, now 10 years later, he is cancer free and providing support to other patients.

(BEGIN VIDEOTAPE)

JONNY IMERMAN, COMMUNITY CRUSADER: All of a sudden it was like someone took a syringe and stabbed me directly in my left testicle. At 26, I was diagnosed with cancer. In the hospital, I saw these people by themselves. You could see the fear.

My goal was to get in there and motivate patients so that they wanted to jump out their bed and start swinging at this thing. My name is Jonny Imerman. I'm a two-time testicular cancer survivor.

I created an organization to make sure that people that are diagnosed with cancer are able to reach a survivor.

UNIDENTIFIED MALE: Going to keep your immune system strong and listen to your body.

IMERMAN: It started with just a few survivors sharing information one to one with somebody diagnosed with the exact same cancer.

UNIDENTIFIED FEMALE: It's a 29-year-old healthy young adult. Cancer is not part of our language. I'm really happen that I have this community that Jonny has built.

IMERMAN: We have helped people in over 60 countries and matched over 8,000 total since inception.

UNIDENTIFIED FEMALE: She's been like my guardian angel. Any time I call her she's right there.

IMERMAN: We help people of all ages, caregivers, spouses. We help the parents get hooked up with other parents. We get a ton of young adults. We share stories. We listen and learn.

UNIDENTIFIED MALE: I was 30 years old when I was diagnosed. I wanted to make it until my son was five. I'm still here today.

UNIDENTIFIED MALE: That's the kind of information you need to hear from someone that has opinion through it. There's no other way.

IMERMAN: I don't really count the days since cancer because every day is a good day. I'm happy you got out of bed this morning. Life's amazing.

(END VIDEOTAPE)

WHITFIELD: And remember all of our heroes come from your nominations. So if you have someone that you'd like to tell us about, go to cnnheroes.com.

(COMMERCIAL BREAK)

WHITFIELD: All right, coming up in the CNN NEWSROOM. The latest on Tropical Storm Isaac, right now, it is kind of hugging the coast of Cuba likely to be heading across the Florida straits and possibly into the Gulf of Mexico.

We'll keep a close watch on it. We're going to get an update from the National Hurricane Center at 2:00 Eastern Time. We'll bring that information to you.

Also, how are earthquake refugees in Haiti being impacted by this storm now that most of that storm has kind of left that portion of that island? I'll talk with someone on the ground in Haiti about the situation facing the displaced and the most vulnerable.

Then at 3:00 Eastern Time, Ken Dolan is back us with and with his wife joining us from South Florida. They're going to be talking about scams targeting seniors. We'll have all that and more straight ahead in about one hour from now.

"YOUR MONEY" starts right now.