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Second Body Found in Boat Accident; Bob Filner Asked to Resign; More on the Weiner Scandal

Aired July 28, 2013 - 16:00   ET


PAMELA BROWN, CNN CORRESPONDENT: Hello, great to have you along with us on this Sunday. It is 4:00 pm in the East. I'm Pamela Brown, in for Fredricka Whitfield. And these stories are topping this news hour.

Swift water rescue to save lives in North Carolina. But not everyone is able to escape the raging floodwaters. We'll have an update on the victims.

And fears realized in New York: the body of a man involved in a deadly wedding party boating accident is found. We'll bring you the latest developments.

And a remarkable scene in Brazil. Millions of people crowd Copacobana beach. All of them there to celebrate mass with the pope.

In New York, this afternoon, officials say they have found the body of the best man missing after a pre-wedding party boat crash.


SHERIFF LOUIS FALCO, ROCKLAND COUNTY: A jet skier did observe what he thought was a body in the water today one mile south of Piermont Pier here. Our communications section of the sheriff's office was contacted. Our marine unit along with the Piermont Fire Department was dispatched and we did recover a body. That body has been turned over to our medical examiner for a positive identification. But we do believe that that is the victim, our second victim in this tragic incident, Mark Lennon.


BROWN: The friend, JJ John, right here who is driving the boat has been charged with first-degree vehicular manslaughter. The young bride to be's body was recovered yesterday. And the groom was still in the hospital with head injuries. Alina Cho has the details.


ALINA CHO, CNN, CORRESPONDENT: Lindsey Stewart and Brian Bond were the picture perfect couple. The two engaged to be married, were set to wed on August 10th. Until they decided to take a boat ride Friday night up the Hudson River. Just minutes after leaving the marina, around 10:00 p.m., the small speedboat carrying six people struck a barge. The bride to be and best man were ejected. The groom to be was among the four survivors. Knocked unconscious. When he awoke he immediately called for help.

CHIEF WILLIAM BARBERA, ROCKLAND COUNTY: There was a body recovered of a female who basically fit the description of the person who is missing.

CHO: Lindsay Stewart, the 30-year-old bride to be. Here she is on Facebook showing off her engagement ring and this one with her sister. Her mother spoke to reporters hours earlier when there was still hope her daughter was alive.

CAROL STEWART, LINDSEY STEWART'S MOTHER: She's supposed to be married two weeks from today. Which is - it just can't end like this.

CHO: What's worse, authorities say, it appears the driver of the boat, a 35-year-old man, a friend of the couple, was intoxicated. He's been charged with vehicular manslaughter and vehicular assault. A horrific ending to what was supposed to be a great night on the eve of a wedding.

BARBERA: It's horrible. We met with the families today. It's devastating. Absolutely devastating.

WALTER KOSIK, LINDSEY STEWART'S STEPFATHER: We used to go to church together and been friends the whole time and they got - fell in love about three and a half years ago.


KOSIK: Oh, yes, she did all the plans herself. That's something - a nightmare I don't wish on any parent.


BROWN: Alina Cho joins me now from Piermont, New York. Alina, the groom still in the hospital with head injuries. Your heart really goes out to him as he finds out that his bride to be has been killed. Any update on his condition?

CHO: Well, I just got off the phone with the sheriff, Pamela, and all indications are that the groom is still in the hospital at this hour. Recovering from head injuries, severe ones. But imagine trying to recover physically from those injuries while also dealing with the emotional loss of losing his bride to be and his best man. That is Brian Bond's reality now. I can, however, tell you that one of the three remaining injured has been released and is said to be recovering outside of the hospital. Pamela?

BROWN: You're right, Alina. Physical and emotional wounds there. Thank you for the latest on that report.

And now to North Carolina that's where torrential downpours put towns under water there and the body of a 48-year-old man who was swept away while swimming yesterday has just been found. That's according to a spokeswoman for Caldwell County. A 10-year-old little girl also drowned yesterday. Emergency crews had to rescue people from their cars and homes and our Nick Valencia has been following this story.

We were just talking, Nick, just how rapidly it happened there yesterday.


BROWN: The rapid flooding. It came out of nowhere and it seems like it's little better today. Right?

VALENCIA: Yes, it's better today. That's the good news. The rain stopped but these three hard-hit counties still under a state of emergency. In fact, some towns are saying residents stay indoors, stay away from these flooded areas but we mentioned, Pamela, the good news is that the rain has let up for now. The bad news though residents in these hard-hit areas - they are going to be having to deal with cleanup for weeks.


UNIDENTIFIED MALE: I am in shock, really, to be honest with you. I don't know what to say. This is - I just don't know - we were going to retire next year. I guess that isn't going to happen now.

UNIDENTIFIED MALE: This is the worst I've seen in the 40 years I've lived here.


VALENCIA: More than 10 inches of rain in some parts, local officials say this is the worst storm they have seen since 2004 in recent memory. It's just a terrible situation for them. Earlier I spoke to the Department of Emergency Management in North Carolina and they explained to me why it got so bad so quickly.


JEFF CARDWELL, NORTH CAROLINA DEPT. OF EMERGENCY MANAGEMENT (ON THE PHONE): It's probably the worst flooding that we have had in western North Carolina since 2004. And that was really - that was tropical storm Francis and Ivan that resulted in that 2004. Of course, since then we have been in, you know, a large drought area and now because of the amount of rain we are seeing a lot of flash floods. We are seeing a lot of landslides and, you know, it taken a toll on the emergency services as well as the residents of this area, of North Carolina.


VALENCIA: The rain was constant. The rain was heavy. The rain was deadly, Pamela. Now the death toll at two, a 10-year-old and a 48-year old among the victims.

BROWN: A tragic story there. But then thankfully they're getting a little bit of a break before more bad weather.

VALENCIA: Before more bad weather sweeps through there, yes. BROWN: All right. Nick Valencia, thank you.

VALENCIA: You bet.

BROWN: The driver of the train that crashed in Spain last week is in court right now. The death toll from Wednesday's accident is up to 79 after another person died in the hospital this morning. Police have accused the driver of reckless homicide. The judge will decide whether to press formal charges against him.

And police have identified the gunman who went on a rampage in Hialeah, Florida. They say 43-year-old Pedro Vargas, pictured here, set his apartment on fire, fatally shot six people and took two hostages. He died in the shootout with police. Authorities say Vargas may have had a dispute with two building managers who were among his victims and police also added that an initial check showed that he had no criminal history.

Well, there's a surprise guest at a music festival in Cleveland this weekend.


UNIDENTIFIED MALE: I want to bring out a family that you probably know.


BROWN: Recognize the woman there in the shades and black t-shirt? That is Amanda Berry, one of the three women held captive in a Cleveland home for a decade. She appeared on stage with her family. It's nice to see her smiling there. Berry did not address the crowd but did appear again later on stage later in the day. Her captor, (INAUDIBLE) agreed to a plea deal last week to life without parole. Plus 1,000 years in prison for kidnapping the women.

Well, for some people July and August is vacation time. But for President Barack Obama, it's more like campaign season. The engines of Marine One and Air Force one will once again be running Tuesday. This after the president hit the road for three speeches last week. Lisa Desjardins joins us now to talk a little bit more about this sudden presidential push, including some action today. So what's going on, Lisa?

LISA DESJARDINS, CNN CORRESPONDENT: How about it? Think of this, Pamela, as sort of a two-minute offense for President Obama. He's like a quarterback trying to move the ball with just a couple of minutes left in the half. He's doing this now because Congress leaves for the month-long break at the end of this week and when it returns in September things are going to get harder. The federal government is poised to again run out of money. You're going to look at the president's calendar in just a second.

But let's start with something rare from today. Mr. Obama gave a 40- minute interview to "The New York Times" just published this weekend. Now listen to this clip where he is both asserting his authority and pushing back at Congress.


BARACK OBAMA, PRESIDENT OF THE UNITED STATES: There's not an action that I take that you don't have some folks in Congress who say that I'm usurping my authority. Some of those folks think I usurp my authority by having the gal to win the presidency. And I don't think that's a secret.


DESJARDINS: OK. That was published last night. Then today, Obama's financial lieutenant Treasury Secretary Lew made the Sunday circuit. He spoke on the economy on four different Sunday talk shows. Now let's look at the rest of the week. Tuesday, the president himself gets back on the road speaking to workers at an facility in Tennessee. It is not just about the voters, though. Wednesday, the president will make a rare visit to Capitol Hill huddling with his own Democrats.

That will be the last chance for that to happen for a month because Thursday and Friday the House and Senate recess. Lawmakers will head back to their districts for August. Now, listen. I know that this feels like the usual president says this, Republicans say that. But this is a critical moment. Republicans are pushing back. They do say that the president's words are all sizzle and no steak. That he's just kind of rewarming things that he's done before.

Meanwhile, Republicans have their own offense going here. They want to talk about Obamacare and their efforts to try to defund it. Pamela?

BROWN: Trying to squeeze this in before the August recess. Lisa, thank you so much.

DESJARDINS: You got it.

BROWN: Senator John McCain is honoring the passing of a man he says he owes his life. Retired Colonel George "Bud" Day died Saturday in Florida at 88 years old. Col. Day was a highly decorated war hero who shared a cell with McCain as a prisoner of war in Vietnam.

McCain released a statement saying "I owe my life to Bud and much of what I know about character and patriotism. His fierce resistance and resolute leadership set the example for us in prison of how to return home with honor." Colonel Day received a medal of honor back in 1976. He was hailed for showing maximum resistance to enemy interrogators during his five and a half years in captivity. Senator McCain says he'll remember Colonel Day as the bravest man he ever knew.


BROWN: Welcome back to "Newsroom," everyone. California Senator Diane Feinstein is calling on San Diego mayor Bob Filner to resign. Filner has been accused of sexual harassment and just last week he said he would take a two-week hiatus for intensive therapy but Senator Feinstein said that's not enough. (BEGIN VIDEOTAPE)

SEN. DIANE FEINSTEIN, (D) CALIFORNIA: Of all people, Bob Filner knows what public life is like. He served a time in the House. Being mayor of a big city, you're a role model for people. You're either inspiration to people or you aren't. It's a very tough job and I don't think that somebody who is lacking a moral compass really sets a role model or really will provide the kind of leadership that San Diegons wants. This is up to them. This kind of absence of a moral compass is subject to recall. I suspect there will be recalls and the people will be judge.

CANDY CROWLEY, CNN HOST: You think he should make it easier and resign?

FEINSTEIN: I think he should make it easier and resign. That's right.


BROWN: So as pressure mounts on Mayor Filner, seven women have come forward, accusing Mayor Filner of inappropriate behavior. One woman, Laura Fink, spoke to Suzanne Malveaux about what happened to her.


LAURA FINK, ACCUSED MAYOR OF SEXUAL HARASSMENT: I worked for Bob Filner in 2005 and I was at a fund raising dinner where I was required to escort him from table to table between courses and I stood behind him and one of the guest waiting for a pause in the conversation, one of the guests said, you should be nice to this girl because she's worked her behind off for you. He then proceed to tell me to turn around which I did and he then patted me on the behind, laughed and said, "Nope. It's still there."

SUZANNE MALVEAUX, CNN CORRESPONDENT: And was this a kind of thing that he would do repeatedly?

FINK: No, this was a one-time occurrence. I think that it stopped because I documented it immediately. I wrote an e-mail to the congressman directly and I cc'd his chief of staff Tony Buckles and proceed to describe the events and asked that it wouldn't - I asked for an apology and I also asked that it wouldn't happen to me or to any other member of his female staff.

MALVEAUX: And what was the response?

FINK: His chief of staff called me the next day and asked me what I wanted to do. He ended up apologizing to me, mumbling an apology and then proceeding to tell me that, but I just really didn't understand.

MALVEAUX: I want to get reaction here. The news conference on Friday and what he says he believes will make amends here.

MAYOR BOB FILNER (D) SAN DIEGO: I apologize to my staff. I apologize to the citizens and staff members who have supported me over many years. I apologize to the people of San Diego. And most of all, I apologize to the women that I have offended. So I'm beginning on August 5th I will be entering a behavior counseling clinic to under go two weeks of intensive therapy to begin addressing the behavior.

MALVEAUX: A couple questions. Of course, do you accept his apology? Does he seem sincere, first?

FINK: You know, I think where you can detect whether he's sincere or not is in his commitment to action and right now he is committing to only two weeks of therapy to address years of reprehensible behavior and I think if he were serious about that he would step aside and dedicate the time and the energy that it requires to make a full - to make a recovery or to address this behavior. He - that's clearly not the case.


BROWN: New York mayoral candidate Anthony Weiner is struggling to put a sex scandal behind me but can voters get pass his repeated indiscretion and why is his wife (INAUDIBLE) getting so much heat with standing by him. Coming up, we'll talk to a journalist who's covered many high profile political scandals, Sally Flynn, joins us right after this break. Stick around.


BROWN: The latest revelations against former Congressman Anthony Weiner have dealt him a setback. New polls show support dropping significantly in his race for mayor of New York and earlier today, Weiner confirmed that his campaign manager has now quit. All right. So let's talk about this. I want to bring in Sally Quinn, a columnist for "The Washington Post." Hi Sally, good to see you.


BROWN: All right. So where to begin with this? I guess we can start with, do you think this is the beginning of the end for Anthony Weiner?

QUINN: I do. But you know, we keep thinking it's the end for everybody and then it's never the end. In this case I think that this second go- round given the fact that they have been out publicly in the last year giving interviews first to "People" magazine and then to "The New York Times" saying what a - wonderful couple they were and the baby and how he's done everything to be the perfect father and husband, and then I think that her complicity in all of this may be hurting him, as well as her.

Because I think that most people thought, "Well poor woman, she is pregnant. The guy did all this awful thing. He resigned. Now they're off having their own little family life" and we now learn that she found out that he still was doing it last year and still sending pictures of his private parts and offering an apartment to this other woman and still she agreed and this is like Elizabeth Edwards, agreeing for John Edwards to run for president when she knew that the mistress was pregnant with his child. It's insanity. She agrees to go through this whole thing again knowing that the story is going to come out and so I can't help even though - I mean, I think he's a narcissistic creep, you know, but everybody sort of agrees on that but Houma is a lovely person. I mean, she is beautiful and she is intelligent, and she is charming and she is smart.

The idea that she would put herself through this and put her child through this, because the child is going to read about it at some point is so baffling to me that I can't - I just can't give her a pass on this one. I think this is so difficult for women to see her. I thought after Silda Spitzer stood by her husband's side in that hideously embarrassing press conference where he resigned after having been with a prostitute, I thought that was the last we would see of the long-suffering woman victim, good wife character.

But when Houma did this, it was sort of beyond the pale and I think it made everybody sort of say, "What's wrong with her? Why is she doing this?" And I have some ideas.

BROWN: But to be fair, Sally, you know, he's the one that behaved in that way. He's the one that's running for mayor, not her. Why does the wife of these embattled politicians take so much heat? Do you think she made it worse going up to the podium and talking?

QUINN: I think it was terrible. I think that first of all she had never - should never have said - allowed him to run again. Just because she knew that this would happen. It would not only bring up the old stories but the new old stories and that she was - as a role model for women, particularly in this century at this time when women are making such strides for her to put herself back in this completely retro position is just appalling.

I think she's hurting women everywhere when she stands up and acts this way and the only reason I can think that she's doing this is because she wants the power as much as he does. I really think that she - you know, with all those years being Hillary's assistant or associate with the flags and the limos and the private planes and the here comes the chief and "hail to the chief" and whatever, I think she got a taste of it and I think she thought when she married him she was marrying another Bill Clinton, of course, he was not another Bill Clinton. He was really very disliked on Capitol Hill.

He was an ambitious guy but I think she put in for that because she had gotten used to that kind of life and I think she wanted it and wants it as much as he does. That is the only possible explanation I can come up with for why she would do this. And why she would put herself through this.

BROWN: So you think her own political aspirations might be behind this?

QUINN: I do.

BROWN: Sally, just quickly, I want to read something - I was reading (INAUDIBLE) op-ed today and she quotes one of Houma's friend saying "As soon as she stood up to say those words, she changed herself from a sophisticated mysterious guiding intelligence and beauty next to Hillary Clinton to the wife of tarnished Anthony Weiner. Do you think that goes a little bit too far? Do you agree with that statement?

QUINN: No! I mean I think that's what she is. That is an actual fact. And I think that the best thing for her to do if I were giving her my advice is if she wants that kind of a life is to dump him and run for office herself. I mean, that's the only way I can see that she can reinvent herself and to get out of this horrible mess and the only way to see that she is ever going to make this OK for her children.

BROWN: I have to - I have to ask very quickly, Sally, in light of what you said, you know, we've heard Anthony Weiner come clean about the fact more pictures could surface but not about the time line here and the scope of his actions. In light of that, do you think that his donors should feel duped?

QUINN: I can't imagine having giving him money in the first place but as Karen Tumulti wrote in "The Washington Post" this week, she has been trying to raise money from Hillary's donors and putting, you know, putting a lot of pressure on them and they don't want to alienate Hillary because they know that she is so close to Houma. So they are giving money to Anthony Weiner just to stay in good with Hillary. And Houma obviously knows that and is taking advantage of that. So, I mean, she's savvy. She's very politically savvy and she knows what she is doing.

BROWN: She is politically savvy and to be fair, relationships, marriages are complex. Especially when you have a child involved so it's easy to judge and we'll see how this all plays out. Sally Quinn, thank you for offering your opinions. We appreciate it.

QUINN: Thank you.

BROWN: Well, a tense standoff in Egypt. Supporters of the country's ousted president refuse to leave the streets after a day of deadly clashes with police. We'll have a live report of Cairo coming up.


BROWN: Checking our top stories this afternoon. A major jewelry heist in Cannes, France. Now a bold move straight out of a movie. An armed robber held up a jewelry exhibition today in a hotel in the French resort city. Police say the robber took off with $53 million worth of stolen jewels. The robbery comes after two major heists at events at the Cannes Film Festival earlier this year.

And one of Oscar Schindler's list up for auction on eBay and the bidding starts at $3 million. No one has bid yet but the auction management agency that listed it says a few people are actually interested in this. The auction closes in just a few hours. Schindler was a Nazi but he hired Jewish workers in his factories to save them from dying in concentration camps.

And the Israeli government votes to release 104 Palestinian prisoners. This move comes as Israeli and Palestinian representatives prepare to meet in Washington for new talks that the State Department now says will start Monday. Despite some opposition, Prime Minister Benjamin Netanyahu called it a tough decision for the good of the country. The first of four releases will come after the Washington talks get under way.

And turning to Egypt now, political tension across the country is boiling over. A medical official says 72 people are dead after clashes broke out between police and supporters ousted President Morsy in Cairo. Our senior international correspondent Ben Wedeman is live from Cairo at this hour. Ben what can you tell us about how the violence started?

BEN WEDEMAN, CNN, SR. INTERNATIONAL CORRESPONDENT: Well, the violence started according to -- I mean it's very difficult to really sort out exactly what happened. The government says that protesters loyal to the deposed Egyptian President Mohammed Morsy tried to block a major thoroughfare in Northern Cairo. There they had clashes with local residents, the police and army tried to intervene but according to the narrative put out by the government, the police and the army were fired upon by the pro-Morsy demonstrators.

The pro-Morsy demonstrators for their part say that they were simply peacefully protesting when they came under deadly fire from the police and the army. But what is important is that the situation in Cairo this -- the events that happened early on Saturday morning have left Cairo a very tense place. The government says that they want that demonstration cleared out as quickly as possible. They say they will do it very soon.

The Muslim brotherhood continues to insist that Mohammed Morsy, who is being held somewhere in Cairo by the army, be released and reinstated as president of Egypt. There isn't really a lot of room for compromise between these two positions.

BROWN: Tumultuous situation there. It doesn't seem like violence is going to let up any time soon. What do you think, Ben?

WEDEMAN: Well, actually, today, Sunday has been relatively quiet in Cairo. Although there have been clashes, deadly clashes along the Suez Canal in which as many as 30 people were injured, two people killed. Really, the real question is when or if the government forces will go in to clear up those demonstrations.

All indications is they're going to do it. But nobody knows when.

BROWN: All right. We'll be monitoring that situation. Ben, thank you for the latest there in Egypt.

And now turning to Brazil and something no one has ever seen before at a papal gathering. A flash mob started dancing to a song actually named "Francis" just before the Pope celebrated mass in Rio de Janeiro. Millions had gathered at the final mass. Take a look here; they were in the country to celebrate "World Youth Day."

Shasta Darlington joins me now from Rio de Janeiro and Shasta the Pope is being greeted by huge crowds there as we have seen wherever he goes in Brazil, actually. What's the reason for his huge popularity there, especially among the youth?

SHASTA DARLINGTON, CNN INTERNATIONAL CORRESPONDENT: Well, Pamela, from the very beginning we expected this to be a successful trip. This is the world's first Latin American Pope so in and some ways it was a homecoming for him but despite the very high expectations, I have to say this is has just blown everything out of the water. We have never seen crowds like this for an event here on the Copacabana Beach and I have covered a lot of events on Copacabana Beach.

They're talking about more than 3 million people. Many of them spent the night last night. It looked like a can of sardines in the morning with people lined up in their sleeping bags. And basically, this is a man who everyone, of course, calls the people's pope, the slum pope. But the fact is he reaches out and touches people in a way that we haven't seen in recent years so that the young people here feel that he's really talking to them the same when he went in to the shantytown here in Rio de Janeiro.

He really connected with people in a way that gets them out on the street and wanting to see more. They line the route, they hold up babies for him to kiss. Just a really high energy atmosphere, Pamela.

BROWN: Shasta Darlington thank you so much.

All right. Moving along now to other news today. The late actor Paul Newman created a summer camp for six children to escape reality. Naming it after the Hole in the Wall Gang from his Blockbuster film "Butch Cassidy and the Sundance Kid." Well, now, Newman's friend Alec Baldwin is carrying on with his mission and making an impact for these kids.


ALEC BALDWIN: Hi, I'm Alec Baldwin and we can make an impact on children's cancer. I've been involved with the Hole in the Wall Gang Camp in Connecticut it is around 20 years now and the reason I got involved was a friend of mine introduced me to Paul Newman.

(UNIDENTIFIED MALE): I got a fish!

BALDWIN: When you come to the camp, what's interesting is you see the joy in the kids' faces. They're having an experience here that would likely only have here. The parents that you spend most of the time talking to discuss what they have been going through and they've been going through a lot because there's nothing more vexing I think than to have a child who's got a grave illness and you're powerless to do something about it.

All right Cam, what's the deal? Let's go.

These kids have an excess of the difficult things in life. It robs them of their childhood. When they come to the camp, they have a childhood on so many levels. Hole in the Wall is something where we have to keep it going and it has to expand. Probably the greatest cause I have ever seen in my life.

Join the movement. Impact your world,



BROWN: President Obama has a big budget fight on his hands as political editor Paul Steinhauser explains. The president is ready to rack up some frequent flyer miles to get his version pushed through Congress. It's all in this week's "Political look ahead."

PAUL STEINHAUSER, CNN POLITICAL EDITOR: Hey, Pamela. With big budget show downs looming, President Barack Obama takes his case directly to the American people this week. As he delivers a speech on the economy in Chattanooga, Tennessee. It is the fourth in a series of addresses he is giving and so far his tone's been sharper and more partisan than some expected.


BARACK OBAMA, PRESIDENT OF THE UNITED STATES: If the Republicans don't agree with me, I want them to lay out their ideas.

Now repealing Obama Care and slashing our budgets in education and research and infrastructure, that's not an economic plan.


STEINHAUSER: Congressional Republicans are pushing back.


REP. JOHN BOEHNER, (R) HOUSE SPEAKER: The speech turned out to be all sizzle and no steak. That's assuming that there is any sizzle left after you've reheated this thing so many times.


STEINHAUSER: Well, it may end up being the marquee 2014 Senate battle formally kicks off Tuesday.


ALISON LUNDERGAN GRIMES: What rhymes with Mitch? It's time to switch.


STEINHAUSER: That is when Kentucky's secretary of state Alison Lundergain Grimes officially rolls out her Democrat challenge to Senator Republican Leader Mitch McConnell. Who's running next year for a sixth term in office.


GRIMES: Senator McConnell is the biggest part of the problem.

(END VIDEOTAPE) STEINHAUSER: Keep an eye on this race. It's already getting nasty. Pamela.

BROWN: All right, Paul. Thank you.

Well Boston Red Sox slugger David Ortiz did not like an umpires call last night and let the whole world know it. Just wait until you see what big Papi did after the ump called him out. That's right after this break.


BROWN: Welcome back. Thanks for spending a part of your Sunday with us. Let's take a look at some of the stories trending online right now. Syndicated radio host David Kidd Kraddick has died. Kraddick passed away in New Orleans yesterday while he was hosting a charity golf tournament. No official cause of death has been released. He was 53 years old.

A judge is delaying a request by the parents of Amanda Bynes for conservatorship of the actress. The 27 year old Bynes is currently being held by authorities in California for psychiatric evaluation. The judge said because she is in custody, conservatorship is not needed at this moment.

And over in Boston, did you see this? Red Sox star David Ortiz got mad after he struck out in last night's game against the Baltimore Orioles. How mad? Well have a look. Here. Yes. Lost his temper a little bit after that. And as you see, well, the telephone got the brunt end of it. No word yet on the fate of that telephone.

All right. Turning now to another story that we're looking at today. Sea World's killer whale program is under fire. Former trainers accusing the theme park of putting profits ahead of the animals well being and trainers safety. They are displaying claims and the videos they say proves their case up next.

All right. And birds across the U.S. nearly 3 million grandparents are raising their children, their grandchildren. This week, "CNN Heroes" is addressing their unique needs. Retirees suddenly forced to become parents once again. Meet Sylvie De Toledo.


SYLVIE DE TOLEDO, HELPING GRANDPARENTS BECOME PARENTS AGAIN: One day my daughter came to my door and she handed me three kids. She says, here, mom. I'll call you later. And its seven years already. It changes your life.

(UNIDENTIFIED FEMALE): Everything changed. At 60, wow, I have to raise this baby. How am I going to do it?

DE TOLEDO: Does anybody have a crisis that they want to talk about? For most grandparents who are taking in the children, it does wreak havoc because many are living on fixed incomes and they were not prepared to take in one or multiple children. I'm Sylvie De Toledo and I help grandparents who suddenly have to take in grandchildren.

This is my sister and she was pregnant here.

When my sister was 27, she committed suicide and left an 8-year-old. This is Kevin. He came to live with my parents.

My parents were my inspiration. From a family tragedy something wonderful has happened. I know it may not feel like it but you are going to get past this.

When a family calls, whether it is help with the school, finding a pediatrician, resources, we'll find a way to help you.

UNIDENTIFIED FEMALE: All of a sudden I had things coming, clothes, and food. They're like my therapy.

Sylvie She was able to walk me through everything. They helped me get on my feet where I could help myself.

DE TOLEDO: Everybody, I want to introduce you to a new grandmother.

It is really the relatives who are doing this that deserve the recognition. I have never gotten up once and said, I can't do this anymore. I just love what I do.



BROWN: Sea World is famous for its killer whales, tragically, though, Tilikum may be the most famous. The six ton whale is linked to the death of three people. Including his trainer back in 2010. So what made Tilikum snap? Well a chilling new documentary that will air on CNN called "Black Fish" searches for answers. Here's CNN's Tory Dunnan.


(UNIDENTIFIED MALE): We need a code to respond for a dead person at Sea World. A whale has eaten one of the trainers.

TORY DUNNAN, CNN CORRESPONDENT (voice over): The 911 call hinted at the horror. Sea World Orlando, February, 2010. Tilikum a 12,000-pound killer whale drags trainer Don Branchow under water and dismembers her.

(UNIDENTIFIED FEMALE): He never let go of the arm.

(UNIDENTIFIED MALE): The arm? Swallowed it?

(UNIDENTIFIED FEMALE): He swallowed it.

DUNNAN: More than three years after that awful incident, a new documentary that is out that looks in to her death and questions Sea World operations.

(UNIDENTIFIED FEMALE): What happened to her really could have really happened to anyone.

DUNNAN: "Black Fish" claims Branschows death wasn't an isolated incident. That Tilikum was involved in the deaths of two other people before her. One prior to Sea World owning the whale and documents other frightening moments at Sea World involving different orcas.

JOHN HARGROVE, FORMER SEAWORLD TRAINER: Both whales took turns dragging her under the water. It shows how dangerous it is.

DUNNAN: John Hargrove and Jeff Entry are among the multi former Sea World trainers who speak out in the film. They are accusing Sea World of putting profit ahead of trainer safety and they now believe confining killer whales for a lifetime is cruel.

HARGROVE: Captivity definitely without a doubt increases the stress level of these animals and stress leads to frustration, frustration leads to aggression.

JEFF ENTRY, FORMER SEAWORLD TRAINER: We now know that they live in nuclear families to pull them out of that environment for human entertainment is basically old school.

DUNNAN: The film contains what it says is archival video of young orcas captured in the wild to populate SeaWorld.

ENTRY: It is heartbreaking every time you see it. It just tears your heart out.

DUNNAN: The film shows what it says are images of whales born in captivity at SeaWorld being forcibly separated from their mothers. Ex- trainer Carol Ray told me she saw it happen once and can't forget the mother's reaction.

CAROL RAY, FORMER SEAWORLD TRAINER: The screaming and crying that she did by herself in the pool that night, I cried on my way home.

DUNNAN: The filmmakers say SeaWorld declined repeated requests for an on-camera interview. Same for us at CNN. But in a lengthy statement provided, SeaWorld blasting the film as quote, shamefully dishonest, deliberately misleading and scientifically inaccurate.

It goes on to say, quote, SeaWorld is proud of its legacy of supporting marine science and environmental awareness in general and the cause of killer whales in particular.

Director Gabriela Cowperthwaite spent two years working on "Black Fish." She believes it is time SeaWorld evolves their parks.

GABRIELA COWPERTHWAITE, DIRECTOR, "BLACK FISH:" Turn them in to rehabilitation release centers, make sea pens where you can kind of cordon part of the ocean cove and release whales in the back so you can keep an eye them. They can play a very heroic role in the future. I would hope that they would be inspired to do that. DUNNAN: CNN films has purchased the TV rights for the documentary. It will air on the network on October 24.

Tory Dunnan, CNN, Los Angeles.


BROWN: Turning now to a little bit more of an uplifting animal story, this is one of our favorite videos of the day. I hope you enjoy it as well. Check this out.

This is the march of the penguins at the San Francisco Zoo. It's celebration of the chicks getting a little order and moving on to their new home on Penguin Island. It's definitely a treat for the crowd as you can see them smiling there. This is the first time the annual event has been open to the public.

We'll be right back.


BROWN: The man convicted of killing young Washington intern Chandra Levy keeps trying to have that conviction overturned. And on Monday he will try again. Ingmar Guandique is serving a 60 year sentence after being convicted of killing the young intern. Levy disappeared back in May of 2001 while jogging in Washington's Rock Creek Park. Guandique says he is innocent. His lawyers are trying to win him a new trial.

Tuesday President Obama takes his middle class message to Chattanooga, Tennessee. The president says it's time for politicians to focus on economic policies that help the middle class. He made the three speeches with that same theme last week.

And on Wednesday, we find out if the Fed plans to raise interest rates and many analysts will also be watching for signs the Feb is going to scale back its massive bond buying program. On Wednesday, in New York, the man charged with murder in the 1979 disappearance of 6-year-old Etan Patz is due in court. Pedro Hernandez pleaded not guilty back in December. The missing child case was an enduring mystery until last May when police say Hernandez confessed. His lawyer says Hernandez suffers from delusions and hallucinations and that made him give a false confession.

And then on Thursday, wedding bells will be ringing in Minnesota and Rhode Island. Same-sex marriage laws take effect that day.

And finally, a story that made all of us smile at our meeting this morning. This right here, this is Hunter Mahan he is a top professional golfer and this weekend he was leading the Canadian Open Tournament and he got a phone call as he was warming up for his round that his wife was in labor. It was a surprise she wasn't due for a couple of weeks. So what did Mahan do? Well, instead of continuing to play, he packed up his golf bag and went to be with his wife. Oh, by the way, he was in contention to take home a check for more than $1 million. And we're told mom and brand new baby Joey (ph) Olivia are doing just fine tonight. All right. That is it for me. I'm Pamela Brown in Atlanta. It has been a pleasure filling in for Fredericka Whitfield. The next hour of CNN NEWSROOM starts right now with Don Lemon in New York. Hi, Don, take it away.