Return to Transcripts main page

CNN Newsroom

Sandy Regains Hurricane Strength; Rallies Scrubbed Ahead of Storm; Virginia Prepares for Sandy; Parents May Sue over Yoga Lessons; Kennedy Child Endangerment Trial; East Coast Braces for Sandy; James Taylor Joins Obama in New Hampshire; Get a Job in Health Care Field

Aired October 27, 2012 - 12:00   ET

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

CHRISTI PAUL, CNN ANCHOR: CNN "NEWSROOM" with one beautiful Fredricka here.

FREDRICKA WHITFIELD, CNN ANCHOR: Nice, thank you.

PAUL: Good luck today with all the stuff you're talking about.

WHITFIELD: We have a lot. Of course, we're going to talk about politics. We're going to talk about Romney and Obama on the campaign trail. Even though this storm is kind of changing their plans, but they're full steam ahead on trying to get support.

PAUL: Yes. It's going to be interesting today to see how this storm pans out too. It's changing hour by hour.

WHITFIELD: We're going to begin with that. Because we are seeing Sandy is taking on a different personality by the minute, but it is right now a hurricane strength and it is 355 miles southeast of Charleston, South Carolina.

The wind gusts have increased to 90 miles per hour. Washington, D.C., Pennsylvania, Maryland, Virginia, New York and New Jersey have all declared states of emergency already. In Virginia, warships are tied up to their piers.

Sailors are getting sandbags prepared and National Guard members are already in place and ready for action and along the Jersey Shore from Cape May to Ocean City, businesses are already boarding up and sandbagging getting ready for what sandy just might bring.

So, further south now, North Carolina, also gearing up for san Sandy. A total of 40 counties are under a state of emergency. George Howell joins us from Kill Devil Hills.

Sandy is quite a few miles offshore. We mentioned it's about 355 miles offshore from Charleston, South Carolina, but making it to your way. We can see the surface kicked up and lots of wind. What kind of preparations are under way there, George?

GEORGE HOWELL, CNN CORRESPONDENT: Fredricka, so we are definitely feeling the winds pick up here. We're watching people as they, you know, prepare for whatever the storm has to bring. People are, you know, some people have decided to ride this storm out. A lot of people that we've seen here so the storm is slowly but surely moving this way and we're getting these off and on rain showers, not the heavy stuff yet. That's yet to come, but the situation out here definitely deteriorating hour by hour.

Now this area here along the outer banks remains under a flash flood watch and a tropical storm warning. And we know that at least 40 counties here on the eastern side of North Carolina have all declared states of emergency.

And you mentioned this, some 61,000 National Guard troops are scattered here along the coast from this area northward, just to be ready as the storm moves in -- Fredricka.

WHITFIELD: And so obviously there are always going to be a handful of folks who say ride out the storm as you mentioned. But while they're doing that, have they, you know, boarded up their homes, tied things down, have they let authorities know they are remaining in their residences just in case they do need help?

HOWELL: You know, that's the interesting thing about this area. Keep in mind, that there are some people who have homes here but don't live here, so it was interesting to drive into this area and see that a lot of the homes have not been boarded up.

And also you find people at hotels, people also in their homes who have decided to ride this storm out. They're paying very close attention to the radar. This storm looks to be very different than Irene a year ago.

Irene was more of a direct hit in this area. This storm looks to be bringing just more rain, the winds, so people are paying a close eye on what happens with that.

WHITFIELD: All right, thanks so much. Keep us posted throughout the day. Of course, you saw the map there of the expected track. Again it's not far off the coast of Charleston, South Carolina. It's going to make its way past the North Carolina coast.

Let's check in with meteorologist Alexandria Steele. When we talk about 300 miles off the coast, we can see it's enough to kick up the surf. But those low-lying areas like a beautiful city like Charleston, they don't have to worry about too much, do they?

ALEXANDRA STEELE, AMS METEOROLOGIST: Right. Well, you know, you talk about this. We are seeing a hurricane for sure. Of course and we're going to see it along the coast like we normally would.

We have our reporters along the coast like we do. But what makes this tropical storm so anomalous, A, it's the hurricane now, so we have all that moisture, but it's also really going to morph into this powerful hybrid of a storm.

The tropical nature is just half of the piece. The other piece is an area of low pressure kind of more like a nor'easter in the winter. So with this, we'll see maybe ten inches of rain through the outer banks of North Carolina. But on the backside, the cold side, how about 10 to 20 inches of snow potentially because of the real energy from the area of low pressure. So really it's a powerful hybrid.

So here we are still now a hurricane here. You can see where it is. Right now the center of circulation off the Florida coast from Florida to upstate New York will be impacted by this. So instead of this hurricane moving like it normally would, getting picked up by the jet stream pushing east, we have a Rex block.

What that means meteorologically all you need to know it's going westward instead of eastward. With that about Monday, maybe evening into the night time, we'll see the center of circulation come ashore somewhere between New York and Washington, four to eight foot storm surge potentially in that area.

That's really one of the first hazards we'll see with this. Then upstate New York, Western New York, this area of low pressure sits and spin and doesn't move as fast as it's moving now.

The potential for maybe a foot of rain if it sits there, an inch an hour for a day, day and a half so that's where perilous situations come in with the inland flooding.

Right now, the first bands of the rain coming here into the southeast, we can see that. And, of course, we're going to watch this model guide take this hurricane. Again bring it onshore, Fredricka.

Monday and then you can see the snow on the backside. We're talking about a hurricane with snow because this is not just purely a tropical feature. It really will be a hybrid and a powerful one at that and, of course, the power outages and travel delays are another story.

WHITFIELD: Wow. All right, thanks so much, Alexandria. Keep us posted throughout the day. There are continuing to be national weather updates throughout the day to give us an idea of the status of Sandy. Thanks so much.

STEELE: Sure.

WHITFIELD: All right, meantime that political storm called the race to the White House. That is here and now. And it all comes to a head, ten days from now, Election Day.

Mitt Romney and the president are campaigning at opposite ends of the east coast right now. Romney is hitting several cities in Florida, including Pensacola this hour and later today, in Kissimmee and the land o lakes area.

President Obama will be in Nashua, New Hampshire, this afternoon. Singer James Taylor will be making an appearance on behalf of the president in New Hampshire. Both campaigns had to scrub some of their events scheduled because of Hurricane Sandy.

Paul Steinhauser is live in Pensacola, Florida, where Mitt Romney is holding a rally later on this hour. Paul, just how much of an impact has this hurricane had on the travel plans of the president and candidate Romney?

PAUL STEINHAUSER, CNN POLITICAL EDITOR: It's definitely having an impact, Fred, no doubt about it. Today's rallies in Florida are on for Mitt Romney, but he's canceled one tomorrow in Virginia Beach, Virginia.

The same thing, Joe Biden, the vice president had a rally today planned for Virginia Beach that's been called into the weekend and next week you may see more of these events canceled in the battleground state because of the storm.

I've talked to campaign officials both in Boston with the Romney HQ and in Chicago with the Obama HQ. They say they're monitoring the situation, have contingency plans but the safety of the people in the storm's way comes before politics.

One other thing fair to say, if this storm does hit and it is devastating, it could be part of the campaign.

WHITFIELD: All right, Paul Steinhauser, thanks so much. I know it's very noisy in the background as we said a live event about to be under way. We'll check back with you later on appreciate that Paul.

All right, meanwhile while Mitt Romney's quest for the White house, has been documented, Ann Romney's journey has been fascinating in its own right.

In a series of interviews with Gloria Borger you get a glimpse of her role in this campaign and how it has evolved over time. The journey of Ann Romney, CNN Saturday night, 7:30 tonight Eastern Time.

We continue to watch Hurricane Sandy. Flooding is a major concern for the east coast. We'll tell you what measures are being taken to prepare.

And the youngest son of the late Robert Kennedy is accused of child endangerment and harassment. His case is now in a judge's hands. Our legal guys will be weighing in.

(COMMERCIAL BREAK)

WHITFIELD: All right, live pictures of Norfolk, Virginia. Placid right now as Hurricane Sandy is still quite a few hundred miles away, much further south, but there in the town of Norfolk and along the Virginia coast they're bracing for what it might bring.

It's expected, sandy could bring a lot of flooding along the coast. Let's go now to Athena Jones in Alexandria, Virginia. You know with flooding a big concern there, what kind of measures can be taken especially from your vantage point just outside Washington, D.C., area?

ATHENA JONES, CNN CORRESPONDENT: Hi, Fred. That's right. We're here in old town, just across the Potomac River from Washington, D.C. We've heard a lot about estimates of $3 billion or more damage from this storm, but that's just wind damage. That's not even counting the flooding. Of course old town is an area that floods very, very easily. Let's take a look over here. These are some flood lines, nine feet, ten feet, 11 feet showing how high the water can go here.

People are taking it very, very seriously. We've spoken to some police officers around here that told us in 2003 with Hurricane Isabel, this street flooded all the way up there past another block or so.

You can see here all of the businesses that would be affected if the water does continue to rise as is it's expected. We know it could be as much as a foot of rain that could get here. I want to show you what this business is doing.

It's a Thai restaurant. They've already stocked up on sandbags. They're getting ready. They're used to this sort of thing. This is if they end up getting the 4 to 8 to 12 inches of rain they could get over a 48-hour period and we've been told by the governor of Virginia in one of his preparation calls -- Fred.

WHITFIELD: Well, right now people are kind of going about their business, looks sunny and gorgeous, enjoying the cafes. But there are other concerns that could come with this weather.

Today was to be the first big day of early voting in this state of Maryland, my mom among them who can't wait to vote early. But then what's the concern about what this weather might do, particularly for that whole early voting or what kind of preparations are being made in nearby Maryland?

JONES: Well, certainly here in Virginia and in Maryland, the early voting is happening. We've passed a station here, not really long lines as you might expect, but there is some concern people who planned to vote early are going to have to shift those plans.

I can tell you that in Maryland and places like Annapolis, they're handing out sand bags to people. Folks in Baltimore on the harbor have started trying to secure some of their boats. People we've talked to here at least, they say they're stocking up on batteries, on sandbags and flashlights and candles and the light. They're hoping for the best.

All right, very good. Keep me posted. It looks load good for now. Let's hope it stays that way. We know sandy could stir up trouble. All right, thanks so much, Athena. There in beautiful Old town, Virginia.

Downward facing dog is not sitting well with some parents in Southern California. They don't like yoga being taught in schools ad they're threatening to sue. We'll see how the legal guys bend on this one.

(COMMERCIAL BREAK)

WHITFIELD: All right, a group of parents in California have their own warrior stance on free yoga classes being taught in their school district saying yoga is a form of religious indoctrination. The parents are considering legal action now.

Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor joining us from Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor from Miami, good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: Avery, you first. The parents say this is unconstitutional and its attorney sent a letter to the superintendent saying stop the yoga or we're suing. Do they have grounds for this?

FRIEDMAN: Well, they're saying essentially that yoga is a form of, as they're saying it, Hindu proselytizing. These are Evangelical Hindus as saying. No science about the workout, no science about breathing.

They're just saying it's anti-Christian. Let me tell you something in my opinion it is a constitutionally unhinged argument. There is no basis. You know what? I spent time in federal court getting restraining orders under the first amendment.

Let them take it into federal court. The fact is the federal judge is not going to grant a restraining order. It is not anti-Christian, it is not proselytizing. It is absolutely proper for these 5,500 kids to be exposed to this physical workout.

WHITFIELD: So Richard, why now after three years and like a half million dollar grant to keep this program going?

HERMAN: Yes. I respectfully disagree with my dear friend, Avery, on this one. Whenever you're using public funds in public schools, you cannot, you cannot force children to take any sort of religious activity. And in this particular case --

WHITFIELD: Isn't that -- is this a religious activity or is this exercise?

HERMAN: The allegation.

FRIEDMAN: Thank you. That's the point.

WHITFIELD: Isn't that -- is this a religious activity or is this exercise?

FRIEDMAN: Thank you. That's the point.

HERMAN: In the course of the exercising, what they are teaching is Eastern Hinduism. The poses are out of respect to Hindu deadliest and they claim they're indoctrinating the students with this type of education. If that's the case, Fred, this program is going to be discontinued and the federal court will take it and there is --

WHITFIELD: If that's the case, Fred, this program is going to be discontinued court here is a viable claim if that's the case. I don't know what's going on in the classrooms.

HERMAN: Nothing. Nothing. Not going to happen.

WHITFIELD: There is a statement coming from the Union School District in Ensenita. Tim Barrett saying this -- it's as if he was listening to you. That's the point.

HERMAN: They are teaching is eastern mysticism and Hinduism. The poses are out of respect to Hindi and then claim that their indoctrinating the students with this type of education.

If that's the case, Fred, this program is going to be discontinued and the federal court will -- there is a viable claim if that's the case. I don't know what's going in the classrooms, nothing.

WHITFIELD: There is a statement that's coming from the Union School District in Ensinitas. Tim Barrett saying this "The program taught in the Ensinitas Union School District provides no religious instruction whatsoever.

There is no discussion of spiritualism, mesisism or religion in any context. Richard, stay or not using some of the trigger words that really are talking about the poses, at least that's the interpretation of a lot of yogis that it's --

It's communicating what the poses are, not necessarily, you know, the Hindu religion. Are you saying on those grounds it would be OK then?

HERMAN: If they strip away that and if that's an accurate statement which we heard, then the exercise will continue and there is no lawsuit. I agree on that point.

FRIEDMAN: It's based --

HERMAN: The allegation is -- it's a little more than (inaudible). It's a little more than that.

FRIEDMAN: O.K. No. It's -- believe me, if the guy is for real, let them file the federal lawsuit. Not going to happen. He's going to lose.

HERMAN: We'll see.

HANNITY: Until then they get to continue on. Let's talk about another case, this one involving a famous family name, the Kennedy name. Douglas Kennedy, tenth of 11 children of Robert Kennedy. He's being charged with child endangerment.

The trial is under way. He was in a hospital. He wanted to remove his day's old baby from the hospital and the nurses allege that he got violent with them. He actually removed the bracelet, the security bracelet from the child and said he wanted to get some fresh air.

Richard, you first, this is in your backyard there in New York. What is really at the root here? Is it an issue of he was trying to do something that most parents are not allowed to do, remove your child for a little fresh air outside or --

FRIEDMAN: Fresh air?

WHITFIELD: Was he, indeed, you know, bullying or harassing the nurses there?

HERMAN: He's charged with child endangerment and harassment. We have to get the dictionary tout look up insanity because it appears this particular insane Kennedy decided to remove his newborn from the maternity wing and take the child outside and have a chat at 7:30 at night without going through any protocols.

This is insane. And this day and age, where children are being stolen from maternity wards, we're forced to put electronic bracelets on babies for fear they get mixed up or stolen, it's ridiculous. This is really insane, Fred. This guy --

WHITFIELD: Why did he insist on that?

HERMAN: The sense of entitlement that he and other members of his family have, to take a newborn --

Out of a hospital is ridiculous. There is a doctor who is an eyewitness to the incident who claims the harassment was wrong, that the nurses, there was no attack or physical confrontation with the nurses. This is a nonjury case, none-jury. Why they went nonjury I don't know. But I tell you, Fred, the child endangerment should stick.

WHITFIELD: Avery on that, whose request is that nonjury and why would you advocate that as a defendant?

FRIEDMAN: Well, I -- it's a deal worked out with the prosecutor. It favors Douglas Kennedy. Let me tell you something, this was a code pink. He took off the security wristband. The baby Bo is 48 hours old and he's telling the nurses he's going to take out the baby, the infant, the newborn for fresh air.

WHITFIELD: Why, why, why? Why would anybody want to do that?

FRIEDMAN: You want to know the answer. I hate to do it but, I agree with Richard in this respect, when --

WHITFIELD: You have to agree.

FRIEDMAN: He kicks one of the nurses, be twists the other one's arm, it's easy to pick on the women but when a male security guard shows up instead of fighting them like with the women, he goes, do you know who I am?

I mean look, you got hospital videos, surveillance, three nurses testifying, you've got no doubt he took the security bracelet off. I agree, I think it's both child endangerment.

I think it's also harassment and why the prosecutor gave up the jury is anybody's guess. But I think it does favor the defense. I still think they're getting convictions on this one.

WHITFIELD: OK,, well, interesting stuff. We're not done with you because it gets more interesting. Back in 15 minutes to talk about parents who are claiming an energy drink killed their 14-year-old daughter and are now suing the beverage company and then, our docket gets scarier still.

FRIEDMAN: What are you going to be this year, Fred?

WHITFIELD: I'm not sure. We have to seep, a big reveal. Avery, Richard.

HERMAN: I have a guess on this one.

WHITFIELD: We've got a tradition. Avery, Richard and I like to wear a little costume or little something spooky or sometimes a trick, sometimes a treat, the weekend before Halloween and we'll try not to disappoint this go round also. All right, gentlemen, see you in 15.

A young man who grew up in a South African slum is now helping children there build a better life in one of the finalists for CNN's Hero of the Year, coming up.

(COMMERCIAL BREAK)

WHITFIELD: We continue to keep a close watch on Hurricane Sandy even though now you're seeing Atlantic City, New Jersey, looks good there. Surf has kicked up, even thousand is many hundred miles further south.

It's more like hugging the South Carolina coast right now. We're going to keep a close watch because New Jersey, New York, a lot of those New England states are kind of in the bull's eye, the cross hairs of Sandy over the next couple of days.

We're also keeping a close watch on the spotlight that we've been shining on the top ten "CNN Hero of 2012."

As you vote for the one who most inspires you at cnnheros.com, this week's honoree grew up in a South African slum but when the post apartheid era didn't improve life there, he took matters into his own hands.

(BEGIN VIDEOTAPE)

THULANI MADONDO, COMMUNITY CRUSADER: This is the Cliptown has not changed. There's no electricity. People are living in shacks. Growing up in Cliptown makes you feel like you don't have control over your life.

Many children drop out of school because they don't have school uniforms and textbooks. They realize that the only way Cliptown could change was through education.

I'm helping educate the children so that they can Cliptown together. We help the children by paying for their school books, school uniforms. Our main forecast in our program is that you run four days awe as young people who are born and raised here. We know the challenges of this community.

Feel like you don't have control over your life. Many children drop out of school because they don't have school uniforms and textbooks. They realize that the only way Cliptown could change was through education. I'm helping educate the children so that we can change Cliptown together.

We help the children by paying for their school books, school uniforms. Our main focus is our program that's four days a week. As young people, we know the challenges of this community. We do a number of activities.

We've got to come together for fun while we also come together for academics. This program gave me a chance to go to the university. They actually paid for my fees. That's why I come back and come back here. A little can go a long way. What chapters do you need to study? Math and science and English.

I did not go to university, but we're going to help them, I feel excited.

UNIDENTIFIED FEMALE: I'm going to be an accountant.

UNIDENTIFIED MALE: I'm going to be a lawyer.

UNIDENTIFIED FEMALE: I'm going to be a nurse.

MADONDO: The work that you're doing here is bringing change.

(END VIDEOTAPE)

WHITFIELD: I had the honor of talking to Thulani Madondo about the program that he has built. I asked him what impact being named a CNN Hero of the Year finalist has actually had on him and the program.

(BEGIN VIDEOTAPE)

MADONDO: This means a lot. We are very excited all of us in the program, because this has been a big surprise to us as an organization because when we started this organization five years ago, we thought that we were just doing something that we had to do as the youth of Cliptown.

And then to be able to be recognized by organizations like CNN really means a lot to us as an organization, but also as the community of Cliptown.

Today when the young people think about what is it that they're going to do after their grade 12, it's no longer about getting a job somewhere, but it's about which university or college I'm going to go to.

So as soon as we have young people thinking like this, it tells you that you're on a winning team. It's only through education you can change a community like Cliptown.

WHITFIELD: Congratulations and all the best and we look forward to seeing you here in the states.

MADONDO: Thank you. Thank you. I'm very excited and also, yes, I can't wait to meet the other nine heroes because I strongly believe that once you get to see each other, there's a lot we're going to learn from them because we coming from different respective communities but strongly believe that there's also a lot that we're going to learn from the other nine heroes.

WHITFIELD: We're all so inspired by you and the other nine. Congratulations and all the best, Thulani.

MADONDO: Thank you very much. Really appreciate it.

(END VIDEOTAPE)

WHITFIELD: He is just one of our top ten honorees. One of whom will become "CNN's Hero of the Year" and receive $250,000. Who will it be? You actually decide. Go to cnnheros.com on-line and on your mobile device and vote up to ten times a day every day.

Back to the race for the White House. President Obama enlisting some celebrity power for his latest campaign stop, find out who's joining him and where they are.

(COMMERCIAL BREAK)

WHITFIELD: Mitt Romney and President Obama are campaigning today at opposite ends of the east coast. Mitt Romney is a triple stumping in Florida hitting several cities in Pensacola, Kissimmee and Orlando lakes this evening.

In the meantime, President Obama will be in Nashua, New Hampshire this afternoon where James Taylor who happens to be from the New England area, will be making an appearance on behalf of the president.

CNN White House correspondent Brianna Keilar is live in Nashua, New Hampshire where the action is set to start there in a couple hours. People already taking their seats in advantage of the president's arrival.

Brianna, New Hampshire, carries just four electoral votes, but why is it so important for the president to try to clench that state?

BRIANNA KEILAR, CNN WHITE HOUSE CORRESPONDENT: Because the Obama campaign, Fred, thinks this is going to be a nail biter and observers agree with them this is going to be a close race. Four little electoral votes could really matter.

Taking a look at the polls, here in New Hampshire, President Obama has maintained a small lead, but it's within the margin of error on most polls so you can say statistically that Mitt Romney and President Obama are tied. And so we've seen President Obama pay a lot of attention to this little state. He's been here ten times this year. He just touched down at the Manchester airport just minutes ago, so this is his tenth time on the ground here. Vice President Biden is expected to be here on Monday for an event. That storm willing, I should say, and this is an important state, Fred, because New Hampshire is a place where voters can register to vote on Election Day.

Yes, this state was very big for Mitt Romney in the Republican primaries, but the Obama campaign feels that they have a really strong get out the vote effort when you look at the campaign offices. They have 24 to the Romney campaign's nine.

So as President Obama makes his way here and we're expecting this event at Elm Street elementary school to get under way with president Obama speaking at 2:15 eastern time, that's the scheduled time, he will have just this one event here in New Hampshire today, but he will be doing a number of interviews.

One national television interview, but also a few radio interviews, one for a station in Florida, talking to a station in Ohio, and he'll also be talking to a station in New Hampshire that broadcasts to other stations all over this important state -- Fred.

All right, taking no votes for granted. Thanks so much, Brianna Keilar there in Nashua, New Hampshire.

All right in a moment we're going to revisit some legal cases. The parents of pop star Britney Spears going head to head in court against her former manager, at least the man who says he was a manager, Sam Lufti, claiming they defamed him and cheated him out of millions. He says hit me baby one more time with some payment. Our legal guys will weigh in.

(COMMERCIAL BREAK)

WHITFIELD: Oops she did it again. Pop star Britney Spears in the middle of a legal fight. Her parents are being hit with a toxic suit by a man who says he was her former manager, Sam Lufti.

He claims that they defamed and cheated him out of millions of dollars. Our legal guys are back, Avery Friedman in Cleveland, Richard Herman in Miami. Hit me one more time with this case.

Richard, you first, so first of all, they have to settle whether this man was, indeed, a manager because in some reports he was a very good friend.

And he is alleging he was a manager and he is owed something like 15 percent of Spears' earnings at a time when she was making between $100,000 and a million dollars a month. How is he going to prove his case some?

BERMAN: By the way, when you said toxic I got that, Fred. I got that. This Lufti decides to bring a lawsuit for breach of contract, there's an oral agreement, no written agreement, for assault against Mr. Spears who he claims punched him and defamation against Lynn Spears who said he was a Benghazi and general in her book.

Whether that rises to the level of defamation I don't think so. Unfortunately, I've not read her book. I know you guys have read her book. I will not read that book.

But I don't know what the defamation is going to be in the book so that claim is going down the toilet. Whether or not he was really her manager or not, that's going to depend on how had he can corroborate that with actual events which took place which confirm the terms of his agreement with her.

Oral agreements will be enforced and the question is, are there enough corroboration factors to show that there was actually a contract and he was actually her manager.

WHITFIELD: Yes.

HERMAN: Now of course Britney will have to testify here. It will be interesting to see what happens.

WHITFIELD: Even though, Avery, it's Lufti, I'm mispronouncing his name, is suing the parents --

FRIEDMAN: Lufti --

WHITFIELD: What's that? Say that again?

FRIEDMAN: Sam Lufti.

WHITFIELD: Lufti. Even though the parents are being sued because apparently they were kind of the managers of her estate at a time when she was having that, you know, meltdown that people remember and she shaved her head and all that good stuff.

And he's going after the parents, not necessarily after Britney Spears, however, like Richard said, she might have to testify, would she have to kind of offer some, you know, creed tons whether he was a friend or manager or should be owed any money, et cetera?

FRIEDMAN: The probate judge in Los Angeles has ruled she's incapable of testifying which, of course, is the reason she's a judge on "X Factor" I guess. In any event she will not testify this case. It won't happen. Lufti was cross examined.

He admitted there's no written contract, no journal, he admitted he has no records, he never told the lawyer there was a contract. He's going to get 15 percent of squat. This case is absolutely going nowhere. It's on its way to the shadow of death. No chance.

HERMAN: It's worth taking a shot, though, for 15 percent of her assets.

WHITFIELD: OK, and we did reach out to Britney Spears and they had no comment. All right, meantime, let's talk about another case --

FRIEDMAN: They never call back. WHITFIELD: I know what's going on. People don't call us back. Certainly worth taking a shot, anyway, let's talk about a case out of Maryland. We're talking about parents pursuing some responsibility on behalf of their 14-year-old child who died.

They say the Monster energy drink is why that she drank two and according to some medical reports, a monster energy drink has the equivalent of caffeine in seven Coca-Colas or Pepsis.

She drank two. It led to her death. So now the parents are in a position to where they have to prove that she died as a result of the caffeine or the chemicals in this drink and they want, you know, some restitution here.

Avery, how difficult is this going to be since apparently she had some predisposition, right?

FRIEDMAN: Right. Right, the sad thing about Miss Fournier, the 14- year-old who passed away, is that she had cardiac arrhythmia and the -- she died actually of toxic caffeine toxicity, and so what they have to do is link the two.

Over 8 billion cans of monster drink have been sold. This is the first of its type. I think this is a problem of causation, but I do think, Fredricka, that FDA really needs to revise its regulations, look at Monster drink in equivalent drinks like that.

Not as an energy supplement or a dietary supplement, rather, which is what they characterize themselves, but rather as a beverage so that there's a better monitoring of this. I don't think they're going to prevail. Maybe they'll get a private settlement, but I'm not optimistic for the family, unfortunately.

WHITFIELD: OK. Richard, the monster beverage has released a statement saying, quote, it was saddened by the death, but pledged to vigorously defend itself in court. How will it go about doing that? Here's the exact wording of that statement.

"Monster does not believe that its beverages are in any way responsible so how will they continue to defend themselves?

HERMAN: Well, the first thing they'll do, Fred, is take the can and blow up the picture of the can which says, this is not for children or anyone with any sort of caffeine allergy or --

WHITFIELD: You think they would offer that kind of label on these drinks?

HERMAN: It's on the drink itself.

FRIEDMAN: Never get that far.

HERMAN: It's written on the drink, it's a warning, an expressed warning to anyone who wants to drink this. So that's for starters. There is no case here. They should have sued the FDA, the parents. That's who they should have sued. In this case, the FDA does not have the jurisdiction over monster because they label themselves as Avery said as a dietary supplement, so it's not been approved or disapproved by the FDA.

The FDA has to get involved here. Look, if caffeine caused the death, that's one issue. This woman had another problem, we heard Dr. Sanjay Gupta speak of it before we came on the air about that issue and it's not foreseeable and there is absolutely a causation issue here.

WHITFIELD: We have this tradition -- you always nailed these legal cases. But then we have this other tradition that comes every Halloween and we make it -- make tricks.

FRIEDMAN: Transporting me out of the studio. Wait. I'm getting transported out.

WHITFIELD: No.

FRIEDMAN: My goodness.

WHITFIELD: We -- we have this tradition where we like to -- we like to -- we like to have costumes.

FRIEDMAN: I'm sorry?

WHITFIELD: My mustache is somewhere now on the floor, so --

FRIEDMAN: I beg your pardon?

WHITFIELD: My costume is gone. I like you're Big Bird. I'm Uncle Sam.

HERMAN: That's so weak, Fred.

WHITFIELD: My mustache fell on the floor and I can't find it. I like that Big Bird.

HERMAN: We've lost the last shred of dignity here. Look at you, Avery.

WHITFIELD: Happy Halloween.

FRIEDMAN: Richard and Fredricka, this is fabulous. What an embarrassment.

WHITFIELD: I love that.

FRIEDMAN: I'm helping the police. I'm helping the police solve cases. That's right. I'm that mental case.

HERMAN: I want to make sure I'm around after ten days as me and my pal --

WHITFIELD: You're lovely. We're full of tricks or treats and happy you all always participate every year. Happy Halloween, gentleman. Good to see you. You know what, let's carry on with this spooky stuff because we're going to take you to America's most haunted city next.

(COMMERCIAL BREAK)

UNIDENTIFIED MALE (voice-over): Some consider Savannah, Georgia, to be America's most haunted city.

JAMES CASKEY, COBBLESTONE TOURS: We have a vast amount of tragic history in this town. We've got fevers that have happened here, wars that have happened in the downtown, we've got violent death at every turn. It's since 1733 nothing but trouble and that spurs a lot of haunting.

UNIDENTIFIED MALE: one of the best ways to see if your destination is truly haunted is to connect to its history on a ghost tour.

UNIDENTIFIED MALE: You're seeing a different perspective. You have a trained storyteller leading you around the city, telling you tales of -- that have happened hundreds of years ago. If you bring your imagination along you will see it through how a resident would have seen it back then.

UNIDENTIFIED MALE: After a tour look for other activities to add to your chilling experience.

CASKEY: First thing you need to seek out a pub with a lot of history because spirits beget spirits. Another tip would be to actually call the hotels and do a little bit of research and find out which hotels have some strange history to them. You can even call and ask if they have a haunted room.

UNIDENTIFIED MALE: Don't let fear be a factor. Take advantage of all the scares the city has to offer.

UNIDENTIFIED MALE: I don't think people should fear ghosts at all. I fear the living more than ghosts.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: All right, it's one thing to have a job. It's another to love your job. And if you're looking for a good job in a growing industry, you might want to think about health care.

Christine Romans did for this week's "Smart Is The New Rich."

(BEGIN VIDEOTAPE)

CHRISTIN ROMANS, CNN BUSINESS CORRESPONDENT: Sharmaine Davis loves her job.

UNIDENTIFIED FEMALE: I love -- this is my passion. This is my career. ROMANS: Flexibility, high pay and growing demand put dental hygienist at the top of this list of best care jobs ahead of audiologist, occupational therapist, physical therapist and optometrist.

The median income for dental hygienist is about $68,000 a year according to government stats. Hiring is projected to rise 38 percent by the year 2020 above average for an industry already on a hiring tear.

More than 3 million health care jobs have been added over the last decade and the industry projected to grow nearly 30 percent by 2020.

PAUL KECKLEY, DIRECTOR, DELOITTE CENTER FOR HEALTH SOLUTIONS: The data clearly says that virtually every occupation in health care will see job growth ranging from primary care and general surgery, dentistry and even psychologists.

But the largest number of new jobs will be mid-level jobs. These will be jobs of technicians, of allied health professionals, home health aides, even health coaches.

ROMANS: Here's the pay for those top jobs in health care. But not all health care jobs are created equal. There's huge demand for home health and personal care aides, but they take home about $20,000 a year. Good-paying jobs like Sharmain's take an investment and more school.

UNIDENTIFIED FEMALE: I took the opportunity of doing it in the evenings. It was four days a week and I worked full time on the week days and weekends.

ROMANS: You were working so hard.

UNIDENTIFIED FEMALE: It was worth it.

ROMANS: These are investments you have to make in a career, a decision not to have a job but a career.

UNIDENTIFIED FEMALE: That was my goal.

ROMANS: She needed an associate's degree. The typical program costs $30,000. She made the investment and is collecting the dividends and not just talking about the money.

UNIDENTIFIED FEMALE: When they open that mouth. Nothing surprises me after 24 years.

ROMANS: Really?

UNIDENTIFIED FEMALE: Nothing.

ROMANS: It feels good.

UNIDENTIFIED FEMALE: It does. And do that polishing and walk out and get that beautiful smile knowing that they're going to continue with their home care. ROMANS: She's the real deal.

UNIDENTIFIED FEMALE: Open as wide as you can for me.

ROMANS: Christine Romans, CNN, New York.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: All right. Throughout the day we're following Hurricane Sandy with a new advisory from the weather service at 2:00 p.m. Eastern. Also in that hour, President Obama rallies support in the swing state of New Hampshire.

I'm Fredricka Whitfield. "YOUR MONEY" starts right now.