Return to Transcripts main page


Asiana Flight 214 Tragedy; Texting Rage Shooting; Christie Surviving the Scandal?; Christie Considered More Of A Leader; British Police Pursuing New Leads In Madeleine McCann Mystery; FDA: Acetaminophen Doses Over 325 MG Might Lead To Liver Damage

Aired January 15, 2014 - 20:00   ET


LEMON: That's a question no one has answered. I'd like the answers to that one.

"AC 360" starts right now.

ANDERSON COOPER, CNN ANCHOR: Good evening, everyone. Tonight new up close video of that San Francisco plane crash reveals that first responders didn't give a survivor a second thought until her tragic accidental and totally avoidable death. That's actually her on the ground.

We're "Keeping Them Honest" tonight.

Also tonight the woman who says she had an earlier run-in with a movie theater killer over texting during the film and our legal team on the killer's claim that he acted in self-defense.

And later, whether you get it by prescription or over the counter, new recommendations about painkillers containing acetaminophen. The information could save you from potentially deadly complications.

We begin tonight "Keeping Them Honest" with a unique window into the fiery moments after an airliner went down. Unless you've lived through it or do rescue work for a living you'll never get any closer than this, thank goodness.

The images you're about to see were taken immediately after the Asiana Flight 214 crashed on approach to the San Francisco International Airport. They were captured by a first responder's helmet cam and a robot-mounted camera. They showed nearly everything including one truly horrifying item. A young woman who survived the crash but did not survive the rescue.

Drew Griffin tonight is "Keeping Them Honest."


DREW GRIFFIN, CNN INVESTIGATIVE CORRESPONDENT (voice-over): It was a dramatic crash caught on tape. A tumbling Asiana Airline Boeing 777 crashing at San Francisco's international airport last July.

UNIDENTIFIED MALE: Oh, my god. GRIFFIN: But it would be this video emerging only now, months after the crash, that is becoming the most disturbing of all.

UNIDENTIFIED MALE: Whoa, whoa, whoa, stop, stop, stop. There's a body right -- there's a body right there. Right in front of you.

GRIFFIN: A body right in front of airport rescue truck number 10. This body. And according to the San Francisco medical examiner, it was in fact a living body. Ignored by firefighters who failed to check. Sixteen-year-old Ye Meng Yuan had some escaped her seat in row 41 of the aircraft, apparently walked or was carried from this escape slide and came to rest here, lying in a fetal position but alive.

And as you can see in this emergency vehicle camera, firefighters walk around her, pass by her, even directed a fire truck past her and not a single firefighter checking her pulse or even seeing if she was breathing.

JUSTIN GREEN, FAMILY ATTORNEY: It's unthinkable. It's unimaginable. Because the first thing that -- the first priority of the firefighters or any rescue personnel is saving lives. And the first step in triage is to take the pulse, check the respiration. That was never done. And the video, which I think is the best evidence of what happened, shows at least five firefighters who saw her, who understood she was there, and none of them did the basic step of checking if she was alive.

GRIFFIN: Attorney Justin Green who represents the Ye family has filed a claim against the city of San Francisco based on reports from the fire department, the city and the NTSB. But mostly based on this video evidence. According to the claim, rescuers breached their duty of care to Ye Meng Yuan and were grossly negligent.

The video is from a firefighting foam truck that pulled up to the scene within minutes of the crash. There doesn't appear to be any chaos or confusion. And at one point a firefighter leaves the vehicle to help guide the truck around Ye's body.

(On camera): This is a firefighter with his hand out.

GREEN: Right.

GRIFFIN: This is her.

GREEN: That's right. He's saying, there's a person.

GRIFFIN: There's a body there.

(Voice-over): A warning made all the more clear in a helmet camera on one of the firefighters.

UNIDENTIFIED MALE: There's a body right there. Right in front of you.

GRIFFIN: According to the claim, firefighters notify a lieutenant but are told to move on. In the video that is just what truck number ten does. As fuel leaks from the left wing Unit Ten sprays foam on the ground. Minutes later as smoke begins to emerge from the fuselage, Unit Ten circles to move into position, apparently ignoring or forgetting the body on the ground. And at this moment, right here, the fire truck rolls over Ye Meng Yuan's head and she is killed.

GREEN: The tire of the truck went right over her head.

GRIFFIN: It would only get worse. The complaint alleges a firefighter arriving late to the scene jumped in another rescue vehicle, number 37. A rescue vehicle not equipped with any infrared device to identify living bodies, and without any spotter maneuvered into the area where Ye Meng Yuan was located and again rolls over her body.

GREEN: That's right.

GRIFFIN (on camera): She is run over twice.

GREEN: She's run over twice by two different trucks.

GRIFFIN: I can't imagine what the parents think.

GREEN: Well, the parents -- I mean, part of what you have to understand, too, is in China they're really only supposed to have one child. This was the family's only child. A girl who was a star student, who was the focus of their lives. Everything that they did was poured into this girl and her future. And that was taken away because of some terrible mistakes and inaction by the firefighter.

GRIFFIN (voice-over): Ye Meng Yuan was coming to the U.S. for summer camp, described as an outstanding student, musician and a class leader who dreamed of becoming a television newscaster.

CHIEF JOANNE MAYES-WHITE, SAN FRANCISCO FIRE DEPARTMENT: I particularly want to express our condolences and apologies to the family of Ye Meng Yuan.

GRIFFIN: Last July after it was determined rescue vehicles killed Ye the San Francisco Fire chief apologized profusely. The explanation then was of a chaotic rescue scene and foam covering Ye's body. The video now being released shows a much different picture. And the city of San Francisco and its fire department have now declined comment, citing pending litigation.

The Ye family remains in China, waiting to find out what if anything can explain why their daughter is dead.


COOPER: That's just horrible.

Drew Griffin joins us now.

Two other young people died, Chinese students. They weren't run over, though. GRIFFIN: No. There was rumors that that did happen early on. But no, one of Ye's friends, 16 years old, was ejected. That's what killed her during flight. Another student, another student from China, head injuries during the crash and died a few days later in the hospital.

COOPER: And in terms of the fire department, they're saying -- they're just apologetic. I mean they just said this is --

GRIFFIN: Well, they were apologetic when the report came out. And this was early on that the truck ran over and killed Ye. They have not responded at all since this claim was filed. This claim is, you know, the precursor to a lawsuit.

COOPER: And it's not -- they want more than money, right?

GRIFFIN: Well, I mean, this is a claim that's going to lead to either a monetary settlement or a lawsuit. They're seeking -- they are seeking money. But they also want to send out a warning which sounds so basic. Check the body. Don't just look at a body at a rescue scene. Just don't look at a body at a crash scene. Check it. Hold it. Check the pulse. It seems so rudimentary but it didn't happen here, Anderson.

COOPER: All right. Drew Griffin, appreciate the update. Thanks very much.

Digging deeper, legal analyst Jeffrey Toobin, a former federal prosecutor, Mark Geragos, a criminal defense attorney.

Jeff, obviously even though the video doesn't look very chaotic it is, you know, a chaotic scene. It's -- what do you make of this? I mean, I give a lot of leeway always to firefighters and first responders. It's difficult. They are certainly usually very well trained.

Is it possible they were more concerned about other people on the flight that there were mass casualties?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Absolutely. You know, look, no one can doubt the horrible pain that this family is going through. And I don't want to minimize that at all. But let's remember how this story is coming out. It's coming out from personal injury lawyers who want to extract a great deal of money from the taxpayers of San Francisco.

And this is a complicated situation where the chronology is very important. And you know, we're not talk about a traffic accident where there is one body on the floor, and of course firefighters should check that. We're looking at a situation where firefighters are potentially looking at hundreds of casualties and are trying to deal with that.

So you know, this is a tragedy. You know, whether it is a lawsuit that's deserving many millions of dollars, I think is a very different question.

COOPER: Mark, how hard is it in this case to sue a city for this kind of an incident?

MARK GERAGOS, CNN LEGAL ANALYST: Look, it's not going to be particularly difficult. And I will tell you why. This is -- there is a Good Samaritan, a rule in the statute here in the health and safety code that gives immunity to firefighters or first responders when they are in the course of what they're doing. However, the exception, and you saw it in that claim, it's what's called a 910 claim, when they are grossly negligent that immunity washes away.

This -- it couldn't be a more textbook case of grossly negligent. And I take exception, surprisingly, with Jeff. This isn't a personal injury lawyer trying to extract millions, this is we're watching unless Jeff's saying that this video was Photoshopped by somebody, this is a video in real time of people who were grossly negligent in not checking to see if she had a pulse, number one, and number two, not having her run over.

So I mean, that's the definition of gross negligent.


COOPER: But, Mark, is that --

GERAGOS: I love firefighters. I -- my office is in a historic fire engine place. I've got nothing but love for firefighters. But this is the definition of gross negligence.

COOPER: Jeff, do you see it that way? I mean --

TOOBIN: No, I don't. I mean, I -- look, for example, I mean, the chronology is important here. And these -- and you know, because we're dealing with television here we have a limited amount of time. You know, I would want to see how all of those tapes go together. You know, first the foam is on -- not on the ground, then it's on the ground.

Look, I don't think it is anything but tragic that this child died. But let's remember who killed this child. It's the incompetent pilots at Asiana who couldn't land on a clear day. That's who's responsible here.


COOPER: And in fact I -- the idea -- wait, Mark, before you do, the investigation subsequently of this crash showed that cultural differences and cultural issues within the cockpit that the pilot, you know, was concerned about glare off the runway but didn't want to wear sunglasses because he thought it would be offensive to his other fellow pilots and didn't want to express his concern about landing because he thought that would be bad and embarrassing in front of the instructor in the cockpit.

I mean, those things I find stunning. The first responders, you know, responding to an emergency situation and overlooking someone, you think that's worse than the pilots -- Mark?

GERAGOS: Do I think it's worse than the pilot?

COOPER: Yes, I mean, do you think that should be the focus of a lawsuit?

GERAGOS: It's -- no. The lawsuit -- let me tell you what's going to happen as a practical matter. The 910 claim which was filed will be denied. That means that you can then file the lawsuit. The lawsuit will be filed against Asiana and it will be filed against the city of San Francisco and probably a couple of other entities. They're going to settle this case. This case will never go to trial.

And they will fight it out amongst themselves, the insurance company for the airline and the municipality. And I think San Francisco is self-insured. In this case will get settled. And the way that all civil cases get settled, it's a fight about money. I mean, unfortunately, that's how you get justice in a case like this. In the civil justice system it's a fight about money.

COOPER: And Jeff, do you see that as well?

TOOBIN: I certainly agree with that. I mean, this is very likely to be settled. But to create this image of the firefighters as incompetent villains here based on a tape that's been edited as I understand it by the plaintiff's lawyers here, I mean, I think it's important to reserve judgment. And for Mark to say this is obviously gross negligence, maybe it is, maybe it isn't. But I'm not convinced by what I've seen here.

COOPER: All right.

GERAGOS: Jeff, if you've got a body on the ground and you've got people standing there and a truck runs over the head of the woman, killing her, I don't know, Jeff, how more basic 101, TORTS 101 you can get. That's the definition of gross negligence.

COOPER: I'm told the -- by the way that the San Francisco Police Department just released the same video -- excuse me, fire department, just released the same video. So whether or not -- we don't know for sure that the attorney is the one who was editing this.

TOOBIN: Fair enough.

COOPER: Jeff, Mark Geragos, appreciate you both -- your perspective as always. You can see more on the crash story and more of the video by going to

Let us know what you think, follow me on Twitter @andersoncooper. Do you think this was gross negligence? Or do you say give the firefighters on this one? Tweet us using #ac360.

Up next, Mark is back, along with Sunny Hostin, talking about the movie theater killer's self-defense claim and how it might stand up in court. Will it stand up in court?

And later, are we being too quick to write Chris Christie' political obituary? A lot of pundits were saying he was done. What new polling reveals about what voters actually think about the bridge scandal and how he'd do in a presidential contest with Hillary Clinton.


COOPER: Welcome back. Part of being human, of course, is putting yourself in someone else's shoes. Seeing someone's story and thinking hey, look, that might have been me. There's empathy, though, and then there's what one Florida couple experienced when they heard about what Curtis Reeves felt on Monday.

When they heard that he had shot and killed a man and wounded his wife during a movie theater confrontation over texting, they had the best possible reason for thinking it might have been them. It actually might have been.

They say they had a prior run-in with Reeves also at the movies, also over texting. Jamira Dixon told a local CNN affiliate what happened when she first heard about the shooting.


JAMIRA DIXON, SAYS SHE ARGUED WITH CURTIS REEVES WEEKS EARLIER: I had to pull over the car. Because it could have been us. He gets up. He's like, can you do me a favor? Can you please just stop texting?

It was just so close to home. You know, it really makes you think how things could have went.


COOPER: Well, sadly, another confrontation with Curtis Reeves would be fatal for Chad Oulson and would send him and his wife, Nicole, to the hospital.

Martin Savidge is covering the story, joins us now with the latest.

So you learned what the Dixons have talked to authorities about. What can you tell us?

MARTIN SAVIDGE, CNN CORRESPONDENT: They spent about an hour talking to authorities and recounting what you've just sort of played there, that Jamira Dixon and her husband Michael and four children were at a movie on the 28th of December. And that's when they noticed Reeves, Curtis Reeves. And it stands out really in her mind. Because he was so bothered, he was so distracted, he was so upset apparently by her texting, but she said by other things, noises in the theater, the chairs, kids kicking the backs of seats, the things that happen in movie theaters.

And so he really stands out in her mind. And so when she saw his photo eventually she said she was sick to her stomach because she knew that man, she remembered that man. And then she was in fear he might have had a gun then. And as you point out what could have happened.

And this really has disturbed the neighborhood, too, because it sets up the what if. What if somebody else had notice? What if she had reported it to management, her discomfort in all this? Could all of this have been prevented? It's just those kind of terrible things that adds to the dimension of the tragedy.

COOPER: And, Martin, in terms of what actually happened inside that theater, I mean, do we know for sure did this former police officer go up and get the manager and then come back and that's when the shooting occurred?

SAVIDGE: Well, you know, that is sort of some of the conjecture that came out in the early moments of this investigation and by what witnesses said inside. It's a matinee. It's midday, it's 1:20 in the afternoon, 25 people inside that theater. And we realized that Oulson and Reeves are having this altercation apparently over Oulson texting to the baby-sitter of his daughter.

And at one point we know that Reeves gets up and leaves the theater. Many thought he went to go see the manager. He did go see the manager. But the manager was with somebody else. Reeves never got to complain. Reeves never got to tell the manager. He comes back to the theater. And that's why witnesses say he appeared more agitated than when he left.

Maybe because he was not able to resolve it with the management. And we know how it escalated and it turned to gunfire.

COOPER: Wow. And this was during the previews. I mean, the movie hadn't even begun yet. A lot of people still are using their cell phones during previews and things like that.

All right, Martin. Appreciate the update.

In "Equal Justice" tonight let's talk about Curtis Reeves' claim that he killed this man and wounded his wife in self-defense. Whether that's a legally viable courtroom strategy. If not is there any viable defense for this kind of a shooting?

Fortunately we have two top notch barristers with us. Two of our legal analysts, former federal prosecutor Sunny Hostin, and back with us, criminal defense attorney, Mark Geragos.

So, Mark, how do you mount a defense in a case like this? I mean, would you go for a stand your ground defense?

GERAGOS: Well, you really have to know the facts. I know that you had that package at the beginning of this and you have somebody who says oh, he did it to me before. Having been in cases where there's publicity and people come out of the woodwork saying, oh, this happened to me and everything else, first -- first thing you're going do is try and determine, is that a true and accurate rendition of what really happened?

Then before you do stand your ground or anything else, you have to just do a parallel investigation and determine what actually happened. I mean, we don't know. We know what's been reported so far. Notoriously this is stuff that is leaked by law enforcement to kind of buttress their case. Until we get an idea of what actually happened and the defense lawyer mounts a defense, I think it's somewhat premature to start saying he was doing it over texting or anything else.

I mean, it just -- at first blush it sounds too crazy. And usually when it sounds too crazy it's because it is.

COOPER: Sunny, I mean, all good points that Mark makes about being wary about the initial reporting on these kinds of things. On an incident like this often it's wrong. There are initial reports that a bag of popcorn was thrown and that's what precipitated the shooting.

SUNNY HOSTIN, CNN LEGAL ANALYST: Yes. You know, Mark sort of is that quintessential defense attorney that's saying, you know, we don't really know what happened. I think we know what happened. We have one incident where someone -- where he yells at someone about texting and then we have another incident where he shoots someone after texting.

And I bet my bottom dollar that Mark Geragos, you would use the stand your ground defense in this case. This is Florida, after all. This is Zimmerman land. And I suspect they are going to use the stand your ground case. Because they're going to argue that this 71-year-old was in fear of imminent danger, great bodily injury or death because he's got sort of this young athletic guy attack him.

That's what's going to happen here.

GERAGOS: Well, Sunny --

HOSTIN: And it's just -- it's just goes to show you --

GERAGOS: Sunny --

HOSTIN: You know, what the law is in Florida.


COOPER: Well, Mark, let me ask you.

HOSTIN: No, you don't, Mark.

COOPER: Mark, Mark, if in a darkened movie theater --

GERAGOS: I just -- I want to make sure that Sunny doesn't bet her bottom dollar because you'll remember, Anderson, Sunny was going to bet the house --

HOSTIN: Here we go.

GERAGOS: -- that George Zimmerman was going to be convicted.

HOSTIN: Here we go.

GERAGOS: So her prognostication skills leave a little to be desired.

COOPER: All right. But, Mark, if you're in a theater in Florida and somebody throws a thing, a popcorn, at you can you theoretically argue that you were in fear of your life, that you have a justifiable reason to shoot somebody?


COOPER: If you say you didn't know it was popcorn yet -- just an object that was thrown?

GERAGOS: Right. No. And the idea that somebody -- some defense lawyer is going to base a defense on that is ludicrous.

HOSTIN: I've seen --


GERAGOS: But I will tell you, I will tell you that generally my experience, having, you know, seen these cases over 30 years, what first gets reported and what first gets leaked is always by law enforcement. And in virtually 90 percent of the cases it's not actually what happened.

HOSTIN: There were witnesses.

GERAGOS: So I would reserve --

HOSTIN: There were witnesses.

GERAGOS: I just reserve judgment before we start saying this is some guy who goes to the theater with his gun and somebody throws popcorn on him or they text and he decides to shoot him. I just --

HOSTIN: That's exactly what happened.


GERAGOS: I find that -- I'm a little skeptical about that.

COOPER: We do know --


COOPER: -- that the alleged shooter is a former police captain.

HOSTIN: Right.

COOPER: How do you think that plays, Sunny, in a case like this?

HOSTIN: You know, I think it could cut both ways. I think if you're the prosecution you're going to argue this is not a stand your ground defense because this is someone trained in assessing a threat. And so for him to argue that, you know, he was feeling threatened by the bag of popcorn doesn't make any sense. He's being disingenuous.

But on the other hand a defense attorney like Mr. Mark Geragos is going to argue yes, he is trained in threat assessment and he did assess this as threatening. We don't really know what happened because we weren't really there and we should trust the judgment of the 71-year-old former law enforcement officer. And I bet my bottom dollar again, Mark Geragos --

GERAGOS: Well, Sunny -- not again.

HOSTIN: -- if that's one of the arguments that we're going to hear because we already heard it at bond hearing.

GERAGOS: Sunny -- Sunny, save the tape --

HOSTIN: You already heard it.

GERAGOS: -- because I'm going to bet you, I'm going to bet you right now that they are not going to base their defense in front of a jury that he thought he was being assaulted by popcorn. I just -- it's ludicrous.

HOSTIN: He thought he was being attacked.

GERAGOS: Unless he's got a death wish. Not by a bag of popcorn.

HOSTIN: He didn't know what it was. He didn't know what it was.

GERAGOS: If he says he was going to be attacked -- if he said he was being attacked it was because it was not the bag of popcorn. Because no lawyer, self-respecting lawyer is going to make that argument.

HOSTIN: I'll take that bet.

COOPER: All right. We'll leave it there.

GERAGOS: Please do.

COOPER: Sunny Hostin, Mark Geragos, you can wager, settle your wager afterward. We don't want to encourage betting on the air.

Earlier tonight we spoke to a close family friend of the shooting victims -- of victims, Chad and Nicole Oulson. He set up a fund on Facebook, the Chad Oulson Family Fund, that we're going to put that on the bottom of the screen and our Web site, to help raise money for Nicole and their young daughter, Lexi. You can find more information about the fund at our Web site, as I said,

Up next tonight despite predictions that his political career is over, predictions by a lot of TV pundits, New Jersey Governor Chris Christie may be surviving the George Washington Bridge scandal after all.

We'll take a look at the newest polls.

Also ahead, possible new developments in the case of Madeline McCann. The little British girl who disappeared nearly seven years ago while on vacation with her family in Portugal.


COOPER: A special committee created by New Jersey State Assembly to investigate the George Washington Bridge scandal begins its work tomorrow on with subpoena power and we've learned the first subpoenas are already in the works.

The former top aide to Governor Chris Christie is expected to receive one. She's Bridget Anne Kelly; you probably know her name by now, fired by Christie last week after documents appeared to show that she and others ordered the closing of access lanes to the bridges -- to the bridge in September allegedly because the Democratic mayor of Fort Lee, New Jersey, refused to endorse Christie for re-election.

Now the lane closings caused massive traffic tie-ups for four days. Kelly has apparently gone into hiding. But investigators no doubt want to know everything she knows including whether or not Christie was aware of the scheme.

He denies any knowledge. And so far polls indicate he's surviving the scandal quite well. An NBC News/Marist poll shows that 68 percent of those surveyed nationwide say their opinion of Christie has not changed, 46 percent saying he's mostly telling the truth compared to 32 percent who say he's not.

And a Quinnipiac University poll in New Jersey voters show that 40 percent think Christie is a bully, 54 percent think he's a leader, though his approval rating in the state has dropped.

We'll get some "Raw Politics" from chief national correspondent John King.

COOPER: So, John, looking at these polls, I mean, it seems like people are giving Governor Christie the benefit of the doubt when it comes to any involvement in the bridge controversy.

KING: He just won a landslide reelection, Anderson, less than two months ago. Remember that. So the people of New Jersey like him, most of them trust him. Even some people who didn't vote for Chris Christie view him as a straight shooter. So right now they believe him for now when he says he had no involvement.

But let's be clear. You can also find some things in the armor, if you will, chinks in the armor if you look at this poll. And we're just starting this investigation so Governor Christie has not had a trapped door open underneath him but he's just getting into the tricky part. The special prosecution just named today, subpoenas to be issued as early as tomorrow. So we're still in the early chapter.

COOPER: His approval ratings have taken a bit of a fall, but they're still fairly high as far as approval ratings go.

KING: Especially you're talking to a reporter who works in Washington. The president's numbers are in the 40s. It's hard when you ask people if they approve of the job Congress is doing sometimes in the single digits or low teens. When it comes to looking nationally the way people view politicians right now Christie still looks relatively strong.

Again though, one of the caveats, those state Democrats who after the election were in sort of a kiss the ring mood are now more emboldened to challenge the governor. We'll see if this lasts. COOPER: There is this latest NBC Marist poll out to today shows he's lost some ground in hypothetical match up against Hillary Clinton in 2016. He trailed I think by three points last month. Now he's down 13 points. Does a poll like this -- it's so far away from the election does it even matter?

KING: In some ways its silly season to look at polls now and try to project to what the American people will want when they next pick a president in 2016. However, it does add into what I'll call the pause that affects Governor Christie right now. There's nobody running from Governor Christie.

Any fundraiser out there in the country, any activist in the country who is inclined to support Governor Christie, we see no evidence in our reporting calls whether it is Iowa, New Hampshire, South Carolina, nationally in Washington among fundraisers or people running away.

But Anderson, some said they're going to take a step back, wait to see if another shoe drops. If they start to see polls showing, well, he was ahead of Hillary Clinton or tied with Hillary Clinton a couple weeks ago and now he is way behind her that could create the impression he's back on his heels, in some trouble, could make some fundraisers step back a bit.

Remember he's trying to raise a lot of money for Republicans in 2014 and then for himself heading into 2016. There could be a bit of pause, a bit of a delay. He doesn't want a slew of bad numbers to come out in the next coming months because one of the things he wants to prove, raising a lot of money beginning this week in Florida is that he can put all this behind him.

COOPER: John, thanks very much.

KING: Thank you.

COOPER: There's a lot more happening tonight. Susan Hendricks has a 360 bulletin -- Susan.

SUSAN HENDRICKS, CNN CORRESPONDENT: Anderson, the Pentagon is studying what apparently a new video of the only American who is currently a prisoner of war. Sergeant Bowe Bergdahl was seized in Pakistan in 2009 and is believed to be in Pakistan held by the Taliban. This is video that was released three years ago the last time he was seen.

A Senate report released today concludes that the deadly attack on the U.S. diplomatic compound in Benghazi, Libya was, quote, "likely preventable." It said the State Department should have increased security due to warnings that American personnel were at risk.

Well, today, the House overwhelmingly approved the $1 trillion compromise spending bill that funds the government through September. It now goes to the Senate where it is expected to be passed.

Apple has agreed to refund millions of dollars to a lot of angry parents. That's because kids were allowed to make purchases while playing game apps such as Tap Pet Hotel and Tiny Zoo Friend without their parent's consent. The government says Apple failed to have protections in place to prevent kids from making those purchases without parental consent.

COOPER: All right, Susan, thanks.

Just ahead the new developments in the Madeline McCann case. Could a break in the 7-year-old mystery be coming soon?

Also new details are about the 12-years-old who opened fired inside his middle school gym. What he may have told some of the other students.


COOPER: Welcome back. Tonight we're waiting on arrests in the case of Madeline McCann, the little girl who vanished nearly seven years ago during a family vacation in Portugal. She was days shy of her fourth birthday. What we know tonight is that British authorities have asked Portugal for permission to conduct interviews in connection with her disappearance.

British police reopened the case last year and are still chasing down hundreds of leads. We're told there are there's some reports that Madeline's disappearance may be connected to a surge of burglaries in the area where her family was staying, including two breaks in just 17 days before she vanished. Madeline's parents have never given up hope they'll find her alive. Our Gary Tuchman looks back at the last day they spent together.


GARY TUCHMAN, CNN CORRESPONDENT (voice-over): This is the last place 3-year-old Madeline McCann was seen alive, the Ocean Club Resort in Portugal. Madeline and her family on vacation from England spent the afternoon of May 3rd by the hotel pool. This exclusive video is the first we've seen inside the resort grounds. Madeline's mom Kate says her little girl said it was the best day she'd ever had. This smiling picture would be the last taken of Madeline before she vanished just hours later.

(on camera): Much of what the police know is still a mystery to us in part because of a Portuguese law that makes it illegal to talk about a current investigation. But details of that night have emerged and could hold the key to the case. Through various reports, here's what we've learned.

(voice-over): Around 6:00 that evening, Kate and Jerry McCann say they took Madeline and their 2-year-old twins back to this apartment. According to police, what happened to Madeline after that last sighting is unknown. The McCann's say they put the three kids to bed around 7:30 in a room lay out like this one. Close to 8:30, the parents say they left the children alone in the apartment to join a group of friends at a nearby tapas restaurant.

UNIDENTIFIED FEMALE: I think it's quite similar to on a summer's evening at home eating in your garden while the children are in your bed. It's that close.

TUCHMAN: The restaurant is located within the resort. Michael and Susan Cooper rented the unit right next door to where the McCann's stayed. The Coopers don't know the McCann's, but let us out on their balcony to see that the tapas bar is within eyesight of the apartment but --

(on camera): If someone was crying inside this apartment would you hear them at the restaurant?


TUCHMAN (voice-over): A waiter who severed the table that night tells CNN, the McCann's and their seven friends were not drinking as heavily as has been reported. But did we have some pints of beer, cocktails and a few bottles of wine.

At about 9:00, Jerry McCann says he got up to check on the children and then returned to the table. Sometime after 9:15, one of the dinner guests who were checking on her own daughter said she saw a man walking away from the resort carrying a small child. The McCann's say it could have been the kidnapper, but police are questioning the woman's account.

(on camera): At around 9:30 one of the McCann's' friends came back to the apartment to check on the children, but apparently just listened at the door. And 30 minutes later, Kate McCann herself went to see how her children were doing. She went inside the apartment and told police that Madeline was gone. The windows to the bedroom open.

(voice-over): This is what Jerry McCann told his sister.

PHILOMENA MCCANN, GERRY MCCANN'S SISTER: He said that Madeline had been abducted. They've been checking every half hour on the children.

TUCHMAN: Kate McCann returned to the table screaming that Madeline had been taken.

GERRY MCCANN, MADELEINE MCCANN'S FATHER: From that minute we discovered Madeleine missing and police were called very early on. We alerted them almost immediately.

TUCHMAN: Police arrived and a team of detectives was assembled just before midnight along with resort guests authorities searched throughout the night. At that point police believe Madeline had been kidnapped. They did not secure the apartment.

JOHN HILL, MANAGER, OCEAN CLUB: We tried to do a strategic search from the right-hand side of the village across through to the left.

TUCHMAN: But there was no sign of missing, Madeline.

KATE MCCANN, MADELEINE MCCANN'S MOTHER: Please do not hurt her. Please don't scare her. Please tell us where to find her or put her in a place of safety and let somebody know where she is. We beg you to let Madeline come home. TUCHMAN: Rumors have been rampant. Fact's scarce. Those final hours of May 3rd, 2007 remain a mystery, except to the person or persons who harmed Madeline McCann. Gary Tuchman, CNN, Pray Deluge, Portugal.


COOPER: As we said, Madeleine's parents have never given up hope unless you've been in their position it's impossible to know what these years have been like. Ed Smart knows. His daughter, Elizabeth, of course, was kidnapped from her bedroom in the middle of the night in 2002. She was 14. Nine months later she was rescued and they were reunited. I talked to Ed smart earlier about the McCann case.


COOPER: Ed, these possible new leads in the case, I mean, I cannot imagine how hard it must be for the McCann's to have to go through this kind of raising of hopes every couple of years. How does a parent of a missing child deal with something like that?

ED SMART, ELIZABETH SMART'S FATHER: Well, you know, I think that to have something significant come on, it puts you into this kind of roller coaster mode where you have this great hope that you're going to have something happen because I believe that the not knowing is worse than anything else. And certainly they've waited a number of years and so this could be very significant.

I think, though, that they're being optimistically just taking it easy and not getting their hopes up too high just because emotionally it's this roller coaster that goes way up and then it can go way down. And so to get your hopes up too high, you try to get to a point where you're not doing that too much.

COOPER: You've said in the past that parents immediately have a feeling that their child is either out there or not. I know you've spoken to the McCann's in the past. They've always thought Madeline was still out there somewhere. Do you think? Is that what keeps them motivated, what keeps people going?

SMART: Absolutely! I believe that they still believe Madeline is out there, and that trying to keep momentum in the investigation going is something that's very difficult. So keeping whatever awareness tools that you can is so important to them. And to any parent who has a missing child.

But I believe that this is something that you get to the point at least in our case, we started getting positive feedback and it was like there was some light at the end of the tunnel. This is one of those aha moments that I hope for them that it does turn out to be that way.

COOPER: You make the point also that the fact that both British and the Portuguese police are so cooperative that's a positive sign for the parents. Their involvement in keeping the case alive is critical.

SMART: It is. For law enforcement agencies to work together, that is absolutely critical and that's one thing that I believe here in the United States we've improved so much on. So for them, I hope that law enforcement agencies are really working together because it's obviously it's in finding out whether these burglars have anything to do with this. But it certainly sounds somewhat hopeful to me.

COOPER: As a parent, do you ever get to the point where you just want to know one way or the other whether, I mean, I've heard parents in the past say look I just want to know whether my child is alive or dead. I just want them to come back home one way or the other.

SMART: I think that that is very important. The not knowing, as I said, is the worst thing out there. Certainly if you know one way or the other, you can deal with it. In this state of limbo, you're just your mind gets going, where's my child? What are they going through? What can I do? What can I do to help find them? And so not knowing I believe is the worst position a parent finds themselves in. So for the McCann's I hope this is going to be a very positive tip.

COOPER: Yes. I think everybody hopes that as well. Ed Smart, thanks for being with us.

SMART: Thank you, Anderson.


COOPER: Still ahead tonight, a statement from the parents of a 12- year-old boy who injured two students after opening fire at a middle school gym in New Mexico. What they have to say coming up.

And also the warning about a drug that's probably in your medicine cabinet right now. It's in Tylenol as well as a lot of other prescription drugs you probably don't even know about. How much Tylenol is too much? I'll speak with Dr. Sanjay Gupta about what you should know next.


COOPER: Welcome back. The FDA raised a big red flag today. The agency is asking doctors to stop prescribing drugs that have more than 325 milligrams per dose of acetaminophen. It's one of the ingredients in powerful prescription painkillers like Percoset and Vicodin, but it's also in a lot of over-the-counter drugs like Tylenol and others, and you probably don't even realize.

Taking too much can apparently cause liver failure or even death in some cases. The question we want to know is how much is safe to take and what's the best way to avoid trouble. Chief medical correspondent, Dr. Sanjay Gupta, joins me. Sanjay, this FDA recommendation, break it down for us.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Well, this is a message really for prescribers out there, doctors who are prescribing medications that may contain acetaminophen. People know of that as the active ingredient in Tylenol, but it's in lots of other medications as well, including prescription medications. What they're saying is you should no longer prescribe, obviously patients shouldn't take, but no longer prescribe medications that have more than 325 milligrams of acetaminophen in it. This is something that they have been talking about for a couple of years back in 2011.

They said manufacturers stop making the stuff that has more than 325 milligrams in it. Many manufacturers complied but not all of them. So now they're going to the prescribers themselves and saying stop prescribing it. We don't think it offers any additional benefit and it could potentially cause some harm.

COOPER: I mean, how much is in like a Tylenol? How much is in other products that people might be taking, do you know?

GUPTA: Well, there's regular strength, there's extra strength Tylenol and again, keep in mind, we're talking about prescription medications. But for over-the-counter Tylenol could be 250 milligrams, 500. Some even are a full gram of Tylenol. The magic number I will tell you they say if you're taking over 4 grams of acetaminophen in a day, that could just be a few extra strength Tylenols, they say that's too much. That could potentially cause problems, serious problems with your liver, causing the liver to actually start to fail and requiring more drastic medical measures.

COOPER: I mean, a lot of people though take products with acetaminophen without even thinking there might be consequences after a night of drinking to prevent a hangover. Is that something bad or somebody who has a shoulder -- I just had shoulder surgery and I've been taking one or two a day just to kind of deal with the pain. Is that bad?

GUPTA: So here's what I would say. First of all, with regard to drinking, I think it's a bad idea to take acetaminophen if you've been drinking to try and prevent a hangover. That's a bad idea. People can write that one down. These both alcohol and acetaminophen are both going to actually do a little bit of an insult to your liver.

You just don't need that. Other things you need to take for a headache or something there are other options. The other important point is, there are lots of different medications out there. Cold medications, different medications that, you don't think about as having acetaminophen in it. You may not read the ingredients.

But if you start taking the different medications all of a sudden you're upping the amount of acetaminophen you're getting in a given day. If you're taking it for a sore shoulder or something like that, you could take it probably for a few days, but you don't need more than 325 milligrams in any given time. That's sort of the key that the FDA is saying.

COOPER: All right, Sanjay, I appreciate the clarification. Thanks.

GUPTA: You got it. Thank you.

COOPER: Let's get the latest on the stories. Some other stories we're following, Susan Hendricks is here with a 360 bulletin -- Susan. HENDRICKS: Anderson, police in Roswell, New Mexico say the 12-year- old boy who opened fire inside of a middle school gym had a 20-gauge pump shotgun, which he sawed off himself and three shells. A law enforcement source tells CNN's Susan Candiotti the shooter had handwritten journal at home describing quote, "what he was planning what he wanted to do."

The shooting yesterday left two students injured. Now in a statement the 12-year-old shooter's parents and grandparents say their prayers are with the injured students and their whole family is heartbroken.

In Texas, a Tarrant County judge will hear the case of the brain-dead pregnant woman kept on life support. The husband of Marlise Munoz has filed a motion asking the court to force the hospital to take her off a ventilator and respirator. He says his wife would not want to be on that machine.

Deputies in Los Angeles have seized hard drives holding security video from Justin Bieber's mansion. Detectives are now looking at the video to see who threw eggs at the house next door causing $20,000 in damage. Justin Bieber has not commented.

And on the five-year anniversary of miracle on the Hudson plane landing, passengers were reunited with members of the ferry crew that rescued them. Hero pilot, Captain Sully Sullenberger said everyone survived because of the efforts of the flight crew. It's still amazing to see that landing and video.

COOPER: I can't believe its five years ago. Thanks very much.

Coming up, New York, it's full of surprises. Some of them are downright terrifying. "The Ridiculist" is next.


COOPER: It's Time now for the ridicules. Let's take a moment to reflect on my hometown, New York City. Museums theater, energy of the city has been well-documented. There's something else you can say about New York. It's a Surprise around every corner. I offer the following video as proof filmed on the sidewalks of this estimate there's a chance it may haunt you forever.

It's Only in New York People. You see, an unattended stroller and then get the life scared out of you by a devil baby. It's actually the most brilliant marketing campaign ever. The creative and possibly demented minds of Think Moto rigged up a stroller with an animatronic baby and sent said stroller around the city while hidden cameras capture people's reactions. Enjoy.

That last shot there I think should be some sort of a welcome to New York campaign. That is a true New Yorker, people. Not a flinch, not the slightest reaction. He probably saw scarier things on his commute into work. So the movie that this diabolical prank is promoting is called "Devil's Due" about a woman pregnant with the spawn of Satan. So I guess the whole things appropriate. Think Moto did another campaign for the remake of the movie "Carrie" a few months back inside a coffee shop.


UNIDENTIFIED FEMALE: Just get away from me.

UNIDENTIFIED FEMALE: Just get out of my way.


COOPER: All right, that would be pretty unsettling to see, but I'm thinking it's slightly less terrifying than the demon baby.

Wow. The vomit was a nice touch, wasn't it? We don't expect that one coming. Good night from the city that never sleeps and here's wishing you sweet dreams on "The Ridiculist."

All right! That's it for us. We'll see you again one hour from now, 10:00 p.m. Eastern for "AC 360 LATER." Check out our webcast on ac360.comm starting at 9:15, about 15 minutes from now. Thanks very much. "PIERS MORGAN LIVE" starts now.