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Olympic Security Concerns After Bombings; Monster Storm Turns Deadly; New York Digging Out From Blizzard; Boston Struggling With Bitter Cold; Arctic Blast To Hit Half Of the U.S.; Blast Near U.S. Military Base In Kabul; Barbara Bush Leaves Hospital Today; Death Certificate For Brain Dead Girl; Report: Paul Walker Died Soon After Crash; Kerry Working On Framework For Peace Deal Between Israel and Palestinians; Viewers Share Their Storm Stories; Staying Safe And Warm In Deep Freeze; Accused Priest Killer Jailed Hours Before Crime; Formula One Icon In Coma After Skiing Accident; Agreement On Brain Dead Girl's Transfer

Aired January 04, 2014 - 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: Richard Brewer, thanks so much for your expertise. Of course, everybody is hoping for successful winter games in Sochi. Thanks so much.

We have much more straight ahead in the NEWSROOM and it all starts right now. Hello again. I'm Fredricka Whitfield. Here are the top stories we're following in the CNN NEWSROOM. Brace yourselves again. A powerful arctic blast is about to hit 140 million people in the U.S., just days after a monster snowstorm hammered 22 states.

And we're learning graphic details about how actor Paul Walker died. The final coroner's report is in a month after his death. It sheds light on his fiery car crash and the injuries that claimed his life.

Plus serious ethical questions are being raised about the case of a 13-year-old girl declared brain dead after getting a tonsillectomy. We'll take a hard look at the emotional, complicated issue surrounding her fate.

All right, first up, more misery in store for tens of millions hit, by a huge snowstorm this week. At least 13 deaths are blamed on that monster storm. Just as folks from the Midwest and east coast dig out, they're facing another round of brutal winter weather, an arctic blast is moving into the plains right now, and marching east, and it is going to produce the coldest temperatures the country has seen in 20 years!

Parts of the Midwest could see wind chill temperatures as low as negative 60 with frostbite possible in just 5 minutes of exposure. The sub-zero temperatures could sweep as far south as Alabama. So the northeast is feeling the chill from that huge Nor Easter that blew through the region this weekend.

Our Alexandra Field is on Long Island. An area that has been experiencing blizzard conditions at the height of the storm. So Alexandra, how are people preparing for this second winter blast. It looks like folks are really getting out maybe in anticipation they won't be moving soon?

ALEXANDRA FIELD, CNN CORRESPONDENT: Right. Well, Fred, if people are anything like me, they don't want to think about the next blast yet. Temperatures here in Long Island, just 2 degrees this morning with the sun up now. They are finally up to 20 degrees by end of the day. It should be warm enough for some of this snow to melt. But the truth is, right around the corner, we know another blast is coming our way. So people really do have to prepare for it.

(BEGIN VIDEOTAPE)

FIELD (voice-over): The massive storm that pummeled New York is followed now by a massive response, but plummeting temperatures have officials warning that some of the most dangerous conditions are still ahead of us.

MAYOR BILL DE BLASIO, NEW YORK: The best option today is to stay close to home. Best option is not to be outside too long.

FIELD: New York City Mayor Bill De Blasio shovelled his own driveway despite the bitter windchill that prompted city leaders to keep schools closed Friday.

UNIDENTIFIED MALE: It is nasty out here, very nasty. If I could have stayed home, I would have stayed home. If you don't have to go out, stay home.

FIELD: New York City saw almost 8 inches of snow. A foot of snow fell on Long Island. During the worst of the storm Thursday night and Friday morning, a driving ban kept cars off New York's busiest interstates. The Long Island Expressway shutdown for eight hours because of blizzard conditions. Holiday travelers were stopped in their tracks. Passengers were grounded in New York City airports.

UNIDENTIFIED MALE: They said it will be a couple of days before the next flight to Toronto. I booked myself a bus ticket.

FIELD: That might be one option for people fighting to get out. What to do if you are stuck at home waiting for that snow to clear?

UNIDENTIFIED MALE: My plan is to wake up early tomorrow and look out the window. See what it looks like. Get the snow blower out.

FIELD: If that is the case, Connecticut's governor has some advice for you, too.

GOVERNOR DANNIEL MALLOY, CONNECTICUT: If you want some tips on how to deal with the cold, first of all, I'll give you mine. Don't put your tongue on a flag pole.

(END VIDEOTAPE)

FIELD: All right, wise advice from Connecticut's governor and worth remembering because some of us will be experiencing cold in the next few days that we haven't experienced before. Just last night, overnight, in New York City, Fred, the mercury was down to almost zero for the first time since 1994. That's right.

WHITFIELD: That will wake you up. That is cold. Thanks so much, Alexandra Field, stay warm as best you can.

Let's go to Boston now. Not only are they dealing with the deep freeze, they're also digging out from a whole lot more snow. CNN's Margaret Conley is in Boston for us. So Margaret, temperatures are just bone chilling there. How is the city coping, but most importantly how are those specially marked parking spaces? Are people respecting those markers?

MARGARET CONLEY, CNN CORRESPONDENT: Yes, that's Boston code, Fredricka. There's a guy actually pulling up right over here. He just pulled out of his parking spot, there's a cone in the background there. No one touched that spot when he was gone because he definitely shoveled out all of the snow. That is definitely his spot. There are some cars right here that you can see that have some shoveling to do still. Some parts of Massachusetts got up to 2 feet of snow.

Last night, temperatures dropped to near record levels. There was a wind chill advisory that stopped as early at 9:00 this morning. Now there are still warnings about frostbite. People are saying if you are losing sensation in fingers and toes. Make sure you address it right away. We've heard some local doctors say that people are overexerting, still shoveling and that's when you run into problems.

And to this weather obviously has had an impact on travel, a lot of flights have been canceled out of Logan yesterday and today. My flight last night was canceled, but we're not far from the airport, and have seen flights take off and land this morning. So at least that's some good news -- Fred.

WHITFIELD: OK, a little glimmer of hope there. Folks are going to, you know, have to just hunker down for that next wave to come. They've had a little experience now. They know what to do. All right, thanks so much, Margaret.

So all this bad weather is hitting just as millions of people have been traveling home from the holidays, it is slow going for people on the roads as well as in the air, as you heard Margaret say. Flightaware.com is reporting more than 850 cancellations this morning alone. Thousands of other flights were canceled earlier in the week and travel headaches, well, they are not over.

Samantha Moore back with more bad news unless you really love this kind of winter weather then it is more good news.

SAMANTHA MOHR, AMS METEOROLOGIST: You know, we haven't seen any temperatures quite like this in many decades, Fredricka, so this is a serious situation for many, including everyone heading out to the game for the Green Bay 49ers game. Just a little tidbit here, we had record highs Friday in San Francisco in the mid-60s. This will be a rude awakening for folks here. We will be flirting with the 1967 Ice Bowl when we made it down to some 13 degrees below zero. We're going to be very close, especially when it comes to the wind chill factor. Game time is at 3:40 on the frozen tundra on Lambeau Field. We're going to take it hour by hour, as far as wind chill is concerned. You can see how temperatures will be brutal, 18 below here at game time that the combination of the temperature and wind and how it is going to be feeling for you here.

And then as we look at how it progresses, by 5:00, we are talking 20 below 23 at 6:00 and let's get further into the evening by the end of the game, we're going to be around 26 below as far as wind chill factor is concerned. This is a serious cold, like you were saying, you can get frost bitten in minutes if you don't have mittens on and hat and face covered up.

We know how Green Bay fans are they like to show off a bit sometimes and dress a little scantily. So this is going to be a serious situation for those folks. We are talking temperatures that are going to be breaking records across the region. I mean, in Minneapolis, we are going to be down around 18 below for an actual temperature the record stands at 14 below.

So we're going to be smashing some records here. In Cincinnati and Detroit, we've rarely had temperatures below freezing an entire day. In fact, it's only happened five times and it looks like it is going to happen as we head into Monday here. We are going to see those temperatures around 11 below.

And Cincinnati, staying below zero, and Detroit as well so this could be unprecedented arctic outbreak, Fredricka. We have to continue to watch this carefully and urge people to use common sense. Stay inside when you can and stay off those roads.

WHITFIELD: Yes, be really careful, this is serious. I mean, this has been a deadly storm too and it is still potentially dangerous with another onslaught. I've had frostbite before. I had it in my feet before.

MOHR: So painful

WHITFIELD: It is painful and takes a lot to recover. We're all being warned. Thanks so much, Samantha.

All right, coming up, Dr. Sanjay Gupta has medical advice for anyone having to brave the deep freeze. More great advice coming your way.

Plus, actor, Paul Walker, died almost instantaneously after his car crashed, according to the coroner's report. We'll have those details right after this.

(COMMERCIAL BREAK)

WHITFIELD: All right, this breaking news out of Afghanistan, a blast rocked an area near Camp Edgars, the main U.S. military basin in Kabul. Officials say there were no international security assistance casualties so far. Afghan security forces are investigating the sources of the explosion right now.

Former First Lady Barbara Bush was discharged from the hospital this morning after spending a week there. She was admitted to the hospital in Houston on Monday for a respiratory issue, but the family spokesman said she was in great spirits the former first lady is 88 years old.

A death certificate has been issued for a 13-year-old girl declared brain dead after tonsil surgery. It came yesterday as Jahi McMath's family was in court reaching an agreement with the hospital to transfer the child. Details of the transfer haven't been determined. McMath was declared brain dead after a complication following tonsil surgery last month. Coming up later on this hour, our legal guys will be weighing in on the case.

And the final coroner's report on Paul Walker's death is out and it reveals the actor's life ended just like his movie title, "Fast & Furious." The 15-page document reveals Walker and his friend died soon after their Porsche crash. Our Alan Duke has details.

ALAN DUKE, CNN CORRESPONDENT: Fredricka, the coroner's report concludes the death of Paul Walker was an accident despite the fact that Roger Rodas was driving the car well above the posted speed limit of 45 miles per hour at 100 plus miles per hour. It was not ruled manslaughter. It was ruled an accident. Of course, Rodas the driver who could have possibly faced charges as a result of the crash died.

In fact, he died almost instantly after the car slammed into a light post and a couple trees and burst into flames. The autopsy says it was traumatic injuries these two men suffered that killed them along with burns from the car. The car was destroyed by the fire and these men were severely charred by it. In fact it took dental records to identify the two men.

What we found from the autopsy report we wondered about, how long did they live. According to the report not very long, in fact, the study of their trachea showed little soot in there, which would indicate they were not breathing in that dark, black smoke from the Porsche fire.

So that at least may be some comfort to fans and the family who would be led to believe these men didn't suffer that long, and by the way, the movie, "Fast and Furious 7" is back on track for a release in April of 2015 -- Fredricka.

WHITFIELD: Thank you, Alan Duke. Meanwhile, entertainment web sites report that Paul Walker's character will be retired not killed off in that next film.

All right, first there was the storm and now the deep freeze. We'll show you some of the great pictures our viewers have been sending us. How they're actually enjoying the conditions.

And U.S. Secretary of State John Kerry is back in the Middle East. He is trying to broker a peace plan between Palestinians and Israelis and he says all sides have some homework to do.

(COMMERCIAL BREAK)

WHITFIELD: U.S. Secretary of State John Kerry is in the Middle East working to broker a plan between the Israelis and Palestinians. It is the ninth time Kerry has ventured there since he took over as America's top diplomat nearly a year ago. CNN's senior international correspondent, Nic Robertson is live in Jerusalem. Five months of meetings. Has there been any progress?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, Secretary Kerry says on this visit where he's already had two meetings with the Israeli Prime Minister Benjamin Netanyahu, two meetings with the Palestinian negotiators, including the Palestinian Authority, President Mahmoud Abbas. He is due to go with another meeting with the Israeli prime minister this evening.

He says there's some progress, not there yet, his words, but says they have some agreement on some issues. They flushed them out. But on the big, hard, tough issues, he says there's still a lot of work to do. What he is trying to get leaders to do right now is to sign up to what he calls a framework agreement.

He describes this as being something where the leaders will see where they are right now, where they are going, what the game is or what the end result is if you will. By that, he means this will make it easier to get. What it is really is perhaps a two-stage process, but really what it means is once they agree to the framework, they're locked into going down the path towards an agreement.

That's what he is trying to achieve, he says. Not there yet. He has meetings tomorrow in Jordan and in Saudi Arabia with the king there. Says he will be back in the region in the coming days. Meetings here will continue, he says, but clearly, Fredricka, still a long way to go yet.

WHITFIELD: In fact, four months until a deadline. Is there any hope that there will be a real breakthrough?

ROBERTSON: I think what we've seen with the secretary's visit this time is number one, increasing the pressure by coming in with the framework agreement he wants them to agree to. At the same time, this gives him a mechanism, not there yet, gives him a mechanism, if they get to the deadline, and haven't got the final agreement, if they've at least agreed to this framework, there's a possibility they get to the deadline.

In April they agree to the framework, then they continue going all the way until they get a final agreement. So yes, there's still some hope, I think that's the way they're seeing it. There's potential here really for the whole process to be extended beyond that deadline -- Fredricka.

WHITFIELD: All right, Nic Robertson, thanks so much for keeping us posted on that.

So what's it like to be inside peace talks in the Middle East? Senior White House correspondent, Jim Acosta, talked with George Mitchell, former U.S. Special Envoy to that region about that.

(BEGIN VIDEOTAPE)

JIM ACOSTA, CNN SENIOR WHITE HOUSE CORRESPONDENT: You have been in this room before, you know what the negotiations are like, what do you think is happening right now? What should be expected?

GEORGE MITCHELL, FORMER U.S. SPECIAL ENVOY TO THE MIDDLE EAST: Well, first I commend Secretary Kerry for the effort he's put into this, persistence, perseverance, and leadership is appreciated all around. There are several difficulties. The objective initially was to reach full agreement within nine months. That now appears to be not attainable, so it is now the objective to get a framework agreement, which is an outline of an agreement that could then be used as the basis for a full negotiation over a long term.

I think it will be difficult, but we all have to hope and pray it will succeed. Both parties have different points of view on many major issues, so I think it will be a hard task. One of them, Jim, will be to define what is a framework agreement, I suspect the Israelis based on my own experience in a similar situation will want a shorter, more general agreement.

The Palestinians will want one more detailed and more specific, at least on the issues that they're most concerned about, so there will be procedural and substantive issues, but I think in the end the getting an agreement is of such value to both of them, I hope they'll overcome their mistrust and their concerns and reach that framework agreement and go on to negotiate a permanent agreement following that.

ACOSTA: When you have somebody like Benjamin Netanyahu and Mahmoud Abbas in the room together, these are the negotiating partners at the table, you know, a lot of experts who look at the region say these aren't the types that are going to form a longer lasting peace.

MITCHELL: It's very difficult on both sides. I personally sat into four meetings that Netanyahu and Abbas had back during the first term of President Obama and there's no doubt that they have a long history that goes back and it is not a positive one, but at the same time they both do represent people and in both societies I believe that there is a valuable benefit that will come from getting an agreement.

For the Israelis who have a state, a successful one, they want security for their people and are entitled to it. The Palestinians don't have a state and want one and they're entitled to have that.

(END VIDEOTAPE)

WHITFIELD: All right, that was George Mitchell with our Jim Acosta. U.S. Secretary of State John Kerry is heading to Saudi Arabia on Sunday to discuss the progress of the peace talks with King Abdullah.

Back at home, despite the deep freeze, thousands of football fans are headed out for the MFL game this weekend. Up next, Dr. Sanjay Gupta says if you have to go, he has advice to stay warm and safe in frigid conditions. (COMMERCIAL BREAK)

WHITFIELD: As the storm blew through the north east and left deep freeze, CNN viewers have been sharing pictures and videos. Jennifer Mayerle is watching social media for us. OK, so folks, while it is uncomfortable, and it is very dangerous, potentially dangerous, people are having a little fun with cameras in the snow.

JENNIFER MAYERLE, CNN CORRESPONDENT: People are taking a lot of pictures out in the snow, having fun and a good time, there are also some more serious ones. Other ones like this. It can be hard to navigate in the snow. That's a bus in New York. Looks like it got caught and started smoking as taxis are trying to go around it. That can be a little tough. Then we go to a frozen balcony in Pennsylvania. She calls it a winter wonderland. In New Jersey, thank Adam Reed for this picture of someone snow skiing across the Ocean City Beach.

WHITFIELD: It's that what he is doing.

MAYERLE: Might as well, if you can brave temperatures, while you can, get out, get some exercise. Enjoy that out there. Over to Brooklyn, New York, Tamara Peterson, sent in this picture of a person walking a dog. You can't tell, the person is bundled up so much. City streets are covered in snow there.

WHITFIELD: I can relate to that. Me, I have always had a dog. When I was in a snowy place, can't walk on the sidewalk because it hasn't been plowed. You walk in the street because it has been plowed.

MAYERLE: Safest spot in the middle of the street.

WHITFIELD: But it is beautiful.

MAYERLE: Absolutely. In Times Square, people were taking selfies, talked about this, 2013, word-of-the-year was selfie. Looks like these folks decided to not ask anyone to take a picture for them, they got cold themselves, turned the camera around, did that. Fredricka, I am from Minnesota, I know how brutally cold it can be out there. The temperatures are low up there now, too, so we want to see people's pictures, want to see their videos, but we know how cold it can be. Take a picture from inside. Send to CNN.com/ireport.

WHITFIELD: Excellent. Do it safely. Jennifer, thanks so much. Good to see you.

All right, despite the cold and ice and snow, thousands of football fans are die hard and are headed out anyway to watch their teams this weekend, including in Green Bay where forecasters say it could be one of the coldest games ever played in the NFL. Chief medical correspondent, Dr. Sanjay Gupta has some ways to stay warm and safe while you're outside.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Well, Fred, I think most doctors would say if you can, try to minimize time outdoors as a first step. Of course, the fans that are going to these games, they don't want to hear that. If they're at the game, maybe get inside to a heated bathroom, some area that's heated even for a few minutes, that's going to help. Look, you know, a lot has changed in terms of the ways we can stay warm, materials like Gortex help.

People talk about layering clothing. Let me give you a couple things that may surprise you. You want to layer loosely. Layer but do it loosely. The goal is to get warm air trapped in between the various layers of clothes. So layer but do it loosely. Wear a hat, even a silly one, 20 percent of body heat is lost through the head.

And then make sure you cover exposed skin, fingers, toes, ears, and nose, those are the areas that are particularly susceptible to frostbite, throw the cheeks in as well. If they're looking red, that's what you expect. When they turn white, and somebody that's with you may notice this, that's when you're at real risk of developing frostbite.

The two biggest concerns obviously, frostbite and also hypothermia, just lowering body temperature. I will tell you that, again, this may surprise you, eating a big meal could be helpful because you create something known as thermogenesis. You increase your body's production of heat.

Drinking alcohol could have the opposite effect, it could lower body heat because you radiate too much. General rule of thumb, at the temperatures we're talking about this weekend, about 15 minutes before you develop frostbite. Keep an eye on things, stay safe, get inside as much as possible. Fred, back to you.

WHITFIELD: All right, thanks for that advice, Sanjay Gupta. All right, you can catch Sanjay's show "SANJAY GUPTA M.D." today, 4:30 Eastern right here on CNN.

Gas prices dipped slightly after going up for about two weeks, the national average is $3.32 a gallon now, according to AAA, and the lowest prices in the country are in Montana where they're paying just about $3 a gallon.

A church is heartbroken after their priest was found dead New Year's day. Now they're outraged to learn the prime suspect got police's attention twice starting the day before and was released. What police have to say about that next?

(COMMERCIAL BREAK)

WHITFIELD: Police are uncovering the events that led up to the murder of a priest on New Year's Day, and it is a grim picture. It appears the man accused in the death was actually in police custody just hours before. Here is David Mattingly.

DAVID MATTINGLY, CNN NATIONAL CORRESPONDENT: Fredricka, with the suspect in custody, there are now questions about how local law enforcement here did their job. Could the murder of Father Erik Freed have been prevented?

(BEGIN VIDEOTAPE) DAVID MATTINGLY, CNN NATIONAL CORRESPONDENT (voice-over): Gary Bullock had already confronted law enforcement twice. Got arrested, spent eight hours in jail. All in less than a day before he became the suspect in the murder of the beloved Eureka priest, Father Erik Freed. Arrested by Humboldt County Sheriff's deputies for public intoxication during the day New Year's Eve, Bullock had to be taken away from the county jail for a high heart rate. He acted up at the hospital and had to be physically restrained by deputies before being taken back to jail.

Court records show Bullock was already on probation for misdemeanor cocaine possession. A spokesman for the sheriff says the department was not required to hold him until a judge reviewed his case so he was let go. Bullock only had to walk three blocks to the St. Bernard Church where he was described as making strange noises. A security guard called Eureka City Police who did not know the details or the problems Bullock just had at the county jail.

ANDREW MILLS, EUREKA POLICE CHIEF: They saw the paperwork that he was released on a public intoxication charge after being held for I think eight hours.

MATTINGLY: Eureka officers decided Bullock was not doing anything illegal and did not qualify for an emergency psychological hold.

MILLS: They asked him specific questions about himself. He asked for housing. He asked for a place to stay for the night.

MATTINGLY: So they didn't arrest him. Instead, officers directed Bullock to a nearby she will and watched him walk away. Police now say Bullock never went to the shelter and was spotted shortly thereafter back at the church. This time police aren't called.

(END VIDEOTAPE)

MATTINGLY: The sequences of events at that point are still being put together. Investigators are relying heavily on surveillance video from cameras at the church, they'll also be seeing whatever they can learn from the autopsy which is being conducted today -- Fredricka.

WHITFIELD: All right, thanks so much, David Mattlingly. Investigators are examining a camera that was attached to Michael Schumaker's ski helmet. The former world champion, Formula One driver, is in a French hospital in an induced coma. He suffered severe head injuries from a ski accident last weekend. CNN's Christina McFarlane takes us to the accident scene.

(BEGIN VIDEOTAPE)

CHRISTINA MACFARLANE, CNN CORRESPONDENT (voice-over): It was here on this ski slope on a sunny day in the resort of Maribel that Michael Schumacher set out with his friends and 14-year-old son for a ski run that would end in disaster when he fell and struck his head on a rock.

(on camera): This is the area where it said Michael Schumacher fell just a few days ago. It's a small area, just in between the two peaks here, and if you look down, you can see rocks jutting out to the left and right and fairly large holes just underneath the surface of the snow.

(voice-over): The first people to respond to the scene were the Ski Patrol, who were located a short distance away in this hut. Francois Debroux helped to direct the rescue operation.

FRANCOIS DEBROUX, SKI AREA MANAGER, MARIBEL: It's a normal procedure for us. Having a witness saying that someone fell and they saw some blood on the head. So for us, we knew it was a quick rescue to proceed. This, I realized, clearly seen as being off-piste, and it was off-piste, as we have many, many slopes behind us where you can see the limits. Maybe you can see there, the limit between the slope and outside the slope is something which is -- which seemed to be obvious for us and which seemed to be obvious for the skiers.

MACFARLANE: A local ski instructor tells us the snow conditions have been very uncertain in recent days.

AMANDO PAYAN, SKI INSTRUCTOR: Weird. Yes, it's not clear. It's not as usual when you have much snow because it's all white. You think there is many, but there are not many, actually. There are rocks everywhere.

MACFARLANE (on camera): So this whole area here is quite chopped up. It's icy in places and it's bumpy. It's not exactly the easiest ski ride.

(voice-over): I was keen to see for myself how the snow felt, and so carefully, we traced the route.

(on camera): I have skied quite a lot of off-piste in my time, but that was really quite difficult and shaky in places. As I was skiing, the snow was deep and I could feel some of the rocks just under the snow.

(voice-over): As Michael Schumacher remains in intensive care, his injuries prove that no skier can be certain of the hidden dangers of skiing off-piste. Christina MacFarlane, CNN, Maribel.

(END VIDEOTAPE)

WHITFIELD: And in this country, the fight continues for a 13-year-old girl declared brain dead. Jahi McMath's family wants to keep her on a ventilator after a tonsillectomy gone wrong. What legal action could her family take? Our legal guys break that down next.

(COMMERCIAL BREAK)

WHITFIELD: The family of a 13-year-old girl declared brain dead by several doctors has reached an agreement with the hospital to transfer her, but the details haven't been worked out. Dan Simon was there for that emotional day in court.

DAN SIMON, CNN CORRESPONDENT: There were a few court hearings Friday, the most important in Alameda County Court where this tragic case originated. You have the judge and two sides come up with agreement that would allow an outside medical team to remove Jahi McMath's body. That may sound like a simple issue, but it is complicated.

According to the hospital, you're talking about a dead person. They believe certain protocols need to be met to remove a body from the hospital. The family believes she's very much alive and wants to move her to a long term nursing facility. This is what the family lawyer had to say outside court.

(BEGIN VIDEO CLIP)

CHRISTOPHER DOLAN, MCMATH FAMILY ATTORNEY: What we needed to know is that when all of the balls are in line, that we could move quickly and not have to then have any impediment so that we all understood what the protocol was and there would be no argument about how it would proceed or no unpleasantries at the hospital. So this is a victory in terms of getting us one step closer to move.

(END VIDEO CLIP)

SIMON: Now there's a very big problem as far as the family is concerned because to move her to a long term medical facility, you would have to have a couple of surgical procedures done in advance including a tracheostomy, putting a feeding tube that the hospital says is unwilling to perform those on what it calls a deceased person, and it is unclear if the family can line up some kind of outside doctor. As for the hospital's attorney, this is what he had to say. He says he has one wish for the family.

(BEGIN VIDEO CLIP)

DOUGLAS STRAUS, CHILDREN'S HOSPITAL OAKLAND ATTORNEY: Personally, it is horrible that this child has died. It's also horrible that it's so difficult for her family to accept that death and I wish and I constantly think that wouldn't it be great if they were able to come to terms with the terrible tragic event and that I didn't have to stand in front of you all time after time.

(END VIDEO CLIP)

SIMON: That was the hospital lawyer getting choked up at the end. This is a very complicated, emotional case. You have the hospital, they say they have numerous doctors that say she's brain dead, which they say is synonymous with death itself. On the other hand, you have a family with no intention of letting go. Dan Simon, CNN, California.

WHITFIELD: All right, thanks so much, Dan Simon. So whatever the final outcome of the case is, it raised a whole lot of legal and ethical questions. Let's bring our legal guys, Avery Friedman, a civil rights attorney and law professor joining us from Cleveland. Did I hear you say it was like 30 below?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Yes, it's coming up, 30 below, Fredricka.

WHITFIELD: It is cold. To rub it in, Richard Herman, a New York criminal defense attorney and law professor joins us from Honolulu, where I understand he has a swim shorts on.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Aloha!

WHITFIELD: All right, gentlemen. Now that we established --

FRIEDMAN: Too much information on that.

WHITFIELD: I know. We established the geographic disparities here. Let's talk about this, very serious, heart wrenching case. Avery, you first, we heard in the report, the family and hospital have reached an agreement on a transfer for Jahi, but a lot of issues need to be worked out before this is settled, right? If she is declared brain dead, which is tantamount to death, why agree to a transfer? It seems like a mixed message here.

FRIEDMAN: Well, it might be a mixed message to the general public. Legally, it means the hospital says you want to do this with a dead body, you can do that. Here is the interesting thing, there's no dispute. Jahi has been dead scientifically and legally since the 12th of December. This is the 4th of January.

Fredricka, after three weeks, the brain is dead, the functions are starting to -- organs are starting to deteriorate. There's an American value of religiosity, we get that, can't imagine the unspeakable suffering of Jahi's mother, but the idea of creating an expectation of prolonging this is just I think wrong and I think frankly it is immoral.

Legally, they don't have a doctor lined up, don't have a facility. If they do, then we'll see what happens. This is the end of it. Legally, morally, this is over.

WHITFIELD: Richard, for a tonsil surgery to go bad or at least it resulted in this young girl's situation, are you looking at a potential legal fight for this family, malpractice suit, anything like that as they also deal with how far to take this issue of her being brain dead and being transferred.

HERMAN: I'm sure, Fred, they'll explore every avenue, look into whether or not there was medical malpractice. You know, a young girl goes in for tonsillectomy, comes out of the procedure, goes into massive cardiac arrest, and is left in this very long at a time I have state. I don't know if it could be foreseen, if it was avoidable or if the hospital did anything negligent, but it is a gut wrenching case here.

It is my understanding they have made arrangements to have a surgical team come in, remove the ventilator that's in place now, insert a new ventilator and feeding tube and take her to another facility. The girl, the mother keeps saying I see signs of recovery, I see signs of recovery. There's no sign of recovery here. It is just devastating and this young girl unfortunately has passed.

WHITFIELD: And all of that.

FRIEDMAN: That's right. WHITFIELD: Despite the fact that a coroner issued a death certificate. I wonder in general, can a family legally challenge the doctors or the hospital whether someone is being denied treatment because those doctors have said she is brain dead, there's no hope for her, but the family still believes more can be done. Avery, what kind of legal recourse does a family have to insist more medically should be done because they don't believe she's dead.

FRIEDMAN: Right. That's exactly the issue. Whatever negligence or wrongful death occurred before this, that's a separate issue than the one you raise. There's no constitutional right, once there's a legal determination based on science and certainty of continuing this matter, there's no legal basis for suit. Three lawsuits have been filed in California. Every judge concluded that the hospital was right in not continuing treatment. Whether there's basis or not, it is a closed case, it is not. Let's see what happens after this.

WHITFIELD: All right, Avery, Richard, thanks so much. You'll be back with us to talk about another heart breaking case. NFL linebacker Jevon belcher killed his girlfriend and then himself. Why is his mother suing the team, his football team, that's next.

(COMMERCIAL BREAK)

WHITFIELD: Just a year after Kansas City Chief's linebacker Jovan Belcher killed his girlfriend and himself, his mother is suing the team. The suit says the murder suicide was the result of brain trauma Belcher suffered and that nothing was ever done about it. Here is Brian Todd.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT: A horrific morning, December 1st, 2012. Kansas City Chiefs linebacker, Jovan Belcher, shot his girlfriend Cassandra Perkins nine times, killing her. Inside the house, their infant daughter and Belcher's mother who made a frantic call to police with the baby crying in the background.

UNIDENTIFIED DISPATCHER: Is she bleeding?

UNIDENTIFIED CALLER: Yes, she is.

UNIDENTIFIED DISPATCHER: Where is she bleeding from?

UNIDENTIFIED CALLER: I can't tell, in the back it looks like.

TODD: Belcher then drove to the Chiefs' practice facility, in front of his coach and general manager shot himself. Now Belcher's mother is suing the Chiefs for wrongful death, saying he suffered repeated traumatic brain injuries over his four year career, injuries that caused depression, mood swings, suicidal ideations, explosivity. This is the tackle they say gave him a concussion two weeks before the murder suicide.

They claim this NFL clip posted online by Dead Spin makes it clear to laymen. They say Belcher was never removed from the game. The suit alleges the Chiefs ignored all the signs and instead berated Belcher into playing through his injuries.

(on camera): The research into traumatic brain injuries and any connections to violent behavior is evolving. But one expert says it is helpful to look at the relationship between hits to these areas of the brain and this part of the brain down here which controls emotions and behavior.

DR. TED ROTHSTEIN, NEUROLOGIST: Think of the brain not as a hard plastic surface in this model, but really like a bowl of Jell-O. When there's trauma occurring to the side of the brain, the entire brain can shift, and as a consequence, the opposite side of the brain can smash up against the wall of the skull, and it can affect the Olympic system.

TODD: Former Dallas Cowboy's running back, Tony Dorsett, says he believes head trauma changed his mental state.

TONY DORSETT, FORMER COWBOYS RUNNING BACK: Short tempered, flying off the cuff when there was really not a necessity.

TODD: Growing awareness of head injuries is perhaps the biggest crisis facing the NFL, threatening America's most popular sport.

MARK HYMAN, CO-AUTHOR, "CONCUSSIONS AND OUR KIDS": In the last three years, Pop Warner Football reported that its numbers have fallen by 10 percent. I think that's very threatening to the NFL.

TODD: The NFL has, in fact, just settled a lawsuit by thousands of former players for $765 million. The NFL won't comment on Belcher's mother's lawsuit. The Kansas City Chiefs told us they're aware of the suit, but won't comment on it. Brian Todd, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: All right, no one knows for sure yet whether Jovan Belcher was suffering from this specific type of brain trauma known as CTE, but his case is one of many people are asking questions about. Our legal guys are back, Avery Friedman in Cleveland, Richard Herman in Honolulu. So Richard, I'll begin with you. This is a case difficult to prove, why?

HERMAN: It is going to be extremely difficult to prove, Fred. The NFL thought they had settled everything in the federal class action, $765 million. All of a sudden some of the players now are suing the teams, not the NFL, the teams. So right now, the Kansas City Chiefs have about 12 lawsuits pending against them, one of them is Jovan Belcher's.

They have to prove causation, Fred, have to prove the Chiefs were responsible for causing a condition, which we don't even know if ever existed in him, and we have no medical diagnosis of concussion syndrome at all in his four-year career. Look, football is not like playing poker, it is a violent physical game, and people assume a certain risk when you suit up to play and make millions of dollars in the NFL.

FRIEDMAN: That's the issue.

HERMAN: Every player plays injured.

WHITFIELD: But it sounds like the family is trying to establish that the Kansas City Chiefs and all of NFL, they know the signs, that the signs were ignored when he showed characteristics of this CTE and that they made him play anyway. That's the family's point of view. Why will that be difficult for them to prove?

HERMAN: They're going to have to prove --

FRIEDMAN: I think the difficulty here --

WHITFIELD: Continue, Richard. Then you, Avery. Sorry.

FRIEDMAN: Go ahead.

HERMAN: It is impossible for them to prove, Fred. We don't know, he has no prior diagnosis of concussion syndrome, so one hit could not have created a situation where he took a gun out and put nine bullets in his girlfriend.

FRIEDMAN: No, no, no. That's the fact question. That's the fact question. Here is what they're doing. They're using -- they've gone to Missouri state court. The NFL case was in federal court. NFL isn't even a defendant in this case, strictly the Chiefs. They went to Missouri court using a 2005 Missouri law saying basically worker's comp law that if the employer contributed to some injury, they're liable. That's where this is.

Problem is a year ago was the murder suicide, he was buried, they exhumed the body about a year later, couple weeks ago. Now doctors are going to have to examine it. So where we're in agreement is that there's enormous evidence problem here in contributing to that. What the plaintiff's lawyers want to do is show one film clip out of an NFL film to say let the case move forward.

I think it is a very difficult case. In that respect, we may see a new wave of cases, Fredricka, but these are going to be very difficult to prevail in.

WHITFIELD: All right, sad situation no matter how you look at it. Thanks so much, Avery and Richard. Avery, wear a hat as you venture out. Richard, hang ten. Have fun out there. Good to see you both. Catch our legal guys every Saturday about this time with their take on the most intriguing cases of the day, week, you name it. They're always the best. Thanks so much, guys.

All right, Pope Francis has been known to cold call the faithful, and it happened again. This time in Spain, but when the pope called five nuns on New Year's Eve, the sisters weren't home. So he left a voicemail.

Guess what? Experts concurred that is the pope's voice. He jokingly said, quote, "What are the nuns doing that they can't answer?" and then he continued, quote, "I am Pope Francis. I wish to greet you in this end of the year. I will see if I can call you later. May God bless you. That from the pope.