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Establishment Candidates on Top; Father Charged in Toddler's SUV Death; Privacy and Safety Concerns For Drones

Aired June 25, 2014 - 06:30   ET

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


(COMMERCIAL BREAK)

MICHAELA PEREIRA, CNN ANCHOR: Welcome back to NEW DAY.

Here's a look at your headlines. Six-term Mississippi Senator Thad Cochran celebrating his victory over Tea Party challenger Chris McDaniel in a Republican Senate primary runoff. McDaniel though has refused to concede.

In New York meanwhile, 84-year-old Congressman Charles Rangel declaring victory in a Democratic primary, but his opponent Adriano Espaillat says the race still too close to call.

The Tea Party also went down to defeat in Oklahoma with Congressman James Lankford's win over T.W. Shannon in the race to succeed retiring Senator Tom Coburn.

House Speaker John Boehner threatening to sue President Obama for a misuse of executive authority. The president has used executive orders to push initiatives without approval from Congress. Many Republicans argue that he's overstepped his constitutional power.

Now, in response, House Minority Leader Nancy Pelosi called Boehner's actions reprehensible saying the lawsuit is doomed. No word on when a decision might come from Boehner.

Homeland Security Secretary Jeh Johnson heading to Arizona today. He's going to tour the very border patrol facilities that are overwhelmed by an unrelenting tide of immigrant children. Thousands of unaccompanied minors have been caught crossing into the United States since October, many of them coming from Central America.

A programming note for you. This weekend, CNN Films presents, "Documented", about the journey of Pulitzer Prize-winning journalist Jose Antonio Vargas who is in the U.S. illegally. That is Sunday at 9:00 Eastern, right here on CNN.

A new tool in the fight against breast cancer, 3D mammography. It uses x-rays to take images from multiple angles and build then a three-dimensional image. The new study in the "Journal of the American Medical Association" says 3D mammography can increase breast cancer detection and reduce false alarms. However, this new technology is still considered experimental. Dr. Sanjay Gupta will join us later on in our show for more on this story.

How does it feel to own a piece of rock 'n' roll history?

(MUSIC)

The original lyrics of Bob Dylan's classic "Like a Rolling Stone" sold for a record $2 million. An anonymous buyer bought the only known final draft of the 1965 song at a Sotheby's Rock and Pop Music Auction. The four pages written on hotel stationary, complete with doodles, look at this, were sold by a fan who apparently bought them from directly from Bob Dylan himself.

KATE BOLDUAN, CNN ANCHOR: Amazing, amazing stuff.

PEREIRA: Very cold.

CHRIS CUOMO, CNN ANCHOR: I'm surprised that had Dylan didn't come forward with that and go, that's mine.

PEREIRA: Right, I own (ph) that.

BOLDUAN: Coming up next on NEW DAY, the father of a toddler who died after being left from the hot car for hours. He says it was an accident. But chilling new information is casting doubt on those claims.

CUOMO: Plus, the attack of the drones. This isn't some episode of "Star Wars". They're real things, big problems, close class, beaches, peeping toms, we've got one here. That's right by the sensitive area. All right. Mickey is controlling.

BOLDUAN: That's an expensive.

CUOMO: And is that the future of drones? That's the problem right there, people. We played it for you on live TV. We'll discuss what they can do --

BOLDUAN: Controversy over.

CUOMO: -- and why you should have some training before you use one, when we come back.

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CUOMO: Disturbing new questions this morning about an Atlanta father charged with murder. Why? Well, he left his nearly 2-year-old son in the back of a sweltering SUV, that we know is true. The question is why?

Thirty-three-year-old Justin Harris says he simply forgot his son Cooper when he left him there for hours and went to work, but now police say they are finding holes in the dad's story.

Let's take a look at what we know and why they are asking the new questions. We have Tom Fuentes, CNN law enforcement analyst and former FBI assistant director, and Mel Robins, CNN commentator and legal analyst.

This is a troubling situation. The tragedy is obvious. Asking these kinds of questions takes it to a new level.

Mel, do you feel confident in the basis for the speculation that's going on right now because all I read is one of the local cops came forward and said I know things about this case that make me very upset.

MEL ROBBINS, CNN LEGAL ANALYST: Right.

CUOMO: Why are they asking these questions about whether this was intentional homicide, murder and not just another tragic incident of leaving a kid in the car?

ROBBINS: Well, based on what the police are saying, Chris, they are saying there's holes in his story. And, look, the police have a horrible job here because somebody's got to look out for the interest of this dead 22-year-old toddler --

CUOMO: Twenty-two-month.

ROBBINS: Twenty-two-month, thank you, 22-month-old toddler who isn't here to say anything. And so, I think they have an obligation to look into it, but in your cut as a parent, you want to believe that it's a mistake and so I have the same caution that you do, even though there are pieces of this story, Chris, that I do find troubling.

CUOMO: Right, we're going to get to that in one second. I want to take one step sideways and, Tom, I want bring you in.

The good news here is that forensically, they should be able to tell what happened with this child, yes?

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, to a point, Chris. They'll be able to tell whether the child was actually strangled or poisoned or died from something other than heat stroke in the back of that car. If they find out that the child did die of heat stroke and the father left him in the car all day still doesn't tell you whether he did it intentionally and that may be the difficulty part of this case so I think there's more to it than just guessing what was on the father's mind because the police in any case like this, or the death of any person, a death investigate is required.

It's initiated by police. They have to look at everything. Do the autopsy. Do all the forensics and interview family members, friends, colleagues, workmates and try to determine if there's something suspicious.

Has this parent been accused of child abuse in the past? Has there been other cases where, you know, someone came forward, a neighbor, a babysitter or friend and called police and said, wait a minute, you need to look at this more closely for whatever reason.

CUOMO: Right.

FUENTES: So, there is more to the story than what first appeared of an accidental leaving a child in the car.

CUOMO: Well, at least we're being told that authorities may think there's more.

ROBBINS: They charged him, Chris.

CUOMO: I know they have charged him. But, you know, sometimes they can get ahead of themselves and we don't know why and it's probably good we don't know why. Investigators should shut up more than they usually do.

But of what we understand, what questions do you have, Mel?

ROBBINS: Well, I guess what concerns is we're talking about a 22- month-old and we're talking about a long period of time. So, first of all, you know, when he pulls into work at 9:00 --

CUOMO: He's supposed to drop the kid off at the day care center. He says he forgets.

ROBBINS: Most day care centers will call, because they want to know is the kid sick with a virus, is he coming for staffing reasons? So, you know, there's the concern that I have that there is no phone call made that we know of.

Secondly, it's a 22-month-old. It's not a 3-month-old. If that car is parked in the employee section at Home Depot for seven and a half hours, you're telling me not a single person walks by?

CUOMO: The kid is big enough to be seen.

ROBBINS: Yes. And then, finally, the other thing I find the most troubling about this, he doesn't find the child when he comes out from work which is what you typically hear, and when you think about it from a common sense standpoint, walking up to your car, and you walk up in the door and there's a dead human being inside and they have been basically cooking for seven hours, something is not going to smell or feel right to.

To say that he got in that car and then drove several miles and only then noticed, there's something doesn't seem right to me about that fact scenario. Is it plausible that it's a mistake? Of course.

CUOMO: They happen often.

ROBBINS: Yes. I mean, it's amazing how often.

CUOMO: They happen often. So, it's not -- it doesn't jump to mind as a way to intentionally kill a child.

ROBBINS: Correct.

CUOMO: So, I think that has to be put out there also. Tom, there's also speculation about his reaction. There are witnesses there on scene who say he was disconsolate, he was every kind of upset you would expect in this situation. And now there's this question that maybe that doesn't square with other things about his disposition and other things he's said. What does that mean to you?

FUENTES: Not much. What his behavior is or attitude at this point, you know? Maybe he did kill the child and he is distraught about that. So, that doesn't tell you one way or the over. It's an indicator but it's not extremely significant compared to the forensic evidence, the evidence of other witnesses and everything -- I agree with everything Mel just said and the one thing I would add to that, police don't just bring murder charges in a case that's highly suspicious alone.

That there's more to this story, we don't know it yesterday but for the police to bring murder charges, prosecutor's office, I should say, to bring murder charges, they know something in this situation that's beyond suspicious or unusual.

CUOMO: I accept that. I understand it. But there are also -- can be charges brought that don't stick. And unusual sensitivity in this situation because of what you're dealing with, you know?

FUENTES: Right.

CUOMO: If, God forbid, these charges are not based on some strong fact, they don't stick, imagine this does to the couple with what they're dealing with already. With that said, you do want the truth. And you would hope that if anybody is going to be sensitive to this, the investigators would, Mel.

ROBBINS: Yes, absolutely. And you want somebody taking care of the child and staking up for the child's rights here, which is what the police and the prosecution is doing.

CUOMO: The mother is quiet because she's been told to be quiet. Investigators don't want her out there. Nobody wants her out there, so there's nothing to be read into that at this point either.

ROBBINS: Well, I, of course, read into that, but, you know, that's human nature. I mean, I know she's being told to be quiet, but if this was purely an accident -- and I'm not saying it's not an accident -- one would think you'd be out there in the public defending your husband. You'd be out there in the public grieving. You'd be talking to the press. I get that people tell victims of -- you know, she is a victim in this. This is her child who has died. So I understand the caution, but I also look into it and say wow, you know?

CUOMO: Well, we'll stay on this because it's the kind of case that matters. It happens a lot and has to be prosecuted the right way. Mel, thank you very much.

Tom, appreciate the insight as always. Kate?

BOLDUAN: Coming up next on NEW DAY, a long time senator wins his primary challenge in Mississippi. His opponent may not be ready to give up the fight though. What is going on? We're gonna look at all of the races that happened last night ahead. Some of them still undecided.

Plus, the rise of drones in our daily lives. They seem to be everywhere now, including in our studio. What does it mean for your privacy, and what about safety concerns? A live demonstration right here. Big questions. We're going to be talking about t.

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BOLDUAN: Right, exactly.

PEREIRA: Well, apparently the sky's gonna get a whole lot more crowded with the rise of these things, small drones. There are now growing concerns about safety with many worried about close encounters with things like commercial airlines.

Others, though, are worried about privacy. Just this past week a Seattle woman claims that this drone was spying on her in her own apartment. Take a look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED WOMAN: It was freaky. I mean, you don't expect to be walking around in your apartment and have this thing out there potentially recording you.

(END VIDEO CLIP)

PEREIRA: The owner of the drone, however, says he wasn't spying, that he was actually use it -- using the drone to study views for a planned building.

Joining us to discuss all of this, Jeff Wise, CNN aviation and drone analyst, science writer and author of "Extreme Fear". Mel Robbins is also here, CNN commentator and legal analyst back with us, which is so important.

Why -- why don't' we start with you, Mel? Because that Seattle story -- I think, if you were living in a skyscraper, in a tall building and you see one of these drones go by, and you just happened to have gotten out of the shower or getting dressed or whatever, that's a real privacy concern.

ROBBINS: Well, absolutely, but see, here's what's interesting. When -- when the technology advances, we always think the laws need to advance, too, but the truth is the privacy laws are pretty simple. If you have a reasonable expectation of privacy and for anybody that lives in a high rise, I think if you're in -- if you're in a room where the shades are up and they face out, and there are other buildings, you don't have a reasonable expectation of privacy, believe it or not.

CUOMO: You may have an expectation, but it's not reasonable.

ROBBINS: Yes, exactly.

PEREIRA: But if you're facing a river, absolute expectation.

(CROSSTALK)

ROBBINS: Absolutely. And so, you know, if this woman is in a room in her apartment and the windows are open and the shades are open, and a neighbor could see her that lives in an adjacent building, the fact that it's a drone is creepy as heck, but it doesn't necessarily mean it violates her privacy.

PEREIRA: There needs to be a creepy as heck rule.

Another story that we were watching is this story out of Connecticut where a woman attacked a kid who was operating a drone because he -- she -- they believe that the drone and the kid were spying on her and her daughter while they were sunbathing. You're on a beach.

Jeff Wise, I know people are fascinated by this technology and it's kinda cool, and, again, it -- it's the creep factor.

JEFF WISE, CNN AVIATION ANALYST: Right. Right, and you know, this is technology. You can you go to a store, lay down $300, and you've got this package that can -- that can -- has the capability that only 20 years ago only the military would have. And it takes ten minutes to learn how to fly it. It's streaming via WiFi right into your iPhone or your iPad. The capability is incredible, and we just haven't yet dealt with the potential for mayhem and mishap here.

ROBBINS: Except for, you know, what's interesting also about that case on the beach is thankfully he filmed her because the police report --

CUOMO: The assault.

ROBBINS: Yeah, the assault.

PEREIRA: Now she's facing charges.

ROBBINS: Because what happened is when the police showed up, that woman said, "Oh, he started it. He started it." But he had it all on film, so they ended up arresting her and charging her.

CUOMO: Don't we have enough laws, though? You've got nuisance laws. You've got privacy statutes and guidelines that go community to community. Most of the applications of this -- I think it's the government's use of drones that deserves the scrutiny. You know, most people now are getting themselves surfing or family events and stuff like that.

BOLDUAN: Or businesses using it to monitor infrastructure in far off places that would otherwise be really expensive like pine lines or things like that. I mean, there are those commercial benefits that are, I guess, the good side.

How do you balance, though, especially the privacy issue before we get to safety? How do we -- is there a balance. That's what, obviously, people are searching for right now.

(CROSSTALK)

ROBBINS: No, I mean, you live in a Google earth world right now. And -- and this is nothing -- while it looks fancy, it's just the latest edition of a remote-controlled airplane that you can snap a GoPro or an iPhone to. And so, the technology is advanced, but not really that much. I think your privacy is, frankly, more at risk by people's hand-held devices because they can be closer to you in a gym or somewhere else.

CUOMO: And G-mail monitoring your conversations.

ROBBINS; They are.

CUOMO: And sending you ads based on them.

(CROSSTALK)

PEREIRA: I have a drone here in the studio while I ask you about this aspect of it. You saw me crash and burn the drone a minute ago. The practicality of having a lot of us yahoos out there with drones adding to already the busy skies, that is a practical concern for the FAA, et cetera.

WISE: Absolutely. Yeah, and this is a major issue. I mean, the FAA has been working for years to figure out how do you integrate these unmanned vehicles with the airspace that is currently being used by airplanes that are piloted by human beings.

BOLDUAN: Because there have been crashes. There have been -- like, problems with it. "The Washington Post" did a study on it.

WISE: Well, you know, right now, the rules is -- I mean, essentially the rules stayed back there where it's, you know, hobbyists playing with remote-controlled, radio-controlled airplanes, under 400 feet, can't be within 300 miles of an airport.

Now the capabilities are such that people are building radio- controlled planes that can go 200 miles an hour and be 8 feet long. And so, it's not just a toy paper airplane that can -- it's harmless. You could, you know, really cause a crash.

PEREIRA: We should add to it that CNN is working with Georgia Tech to study drones for news gathering to speed up, you know, regulations that would allow --

(CROSSTALK)

PEREIRA: The one we have here is prototype.

CUOMO: That's what this thing is on my desk. This is a CNN drone.

PEREIRA: Yeah, it's a CNN drone.

(CROSSTALK) CUOMO: Pretty cool.

PEREIRA: Yeah, a practical application.

BOLDUAN: We've -- you actually -- I remember one application, and I believe -- it was used -- I think it was U.S. government or it was the military had a drone flying over some of the destruction in a recent -- in a recent natural -- natural disaster, showing the destruction when a plane couldn't get there. People couldn't walk through it.

PEREIRA: In the Philippines.

BOLDUAN: Yeah, in the Philippines. That's exactly right.

PEREIRA: Fire fighters could use it. Law enforcement could use it. Search and rescue. I mean, there's a lot of --

(CROSSTALK)

ROBBINS: The interesting takeaway, which is the benefits that could impact science, technology, media so far outweigh any concern over privacy. At this point, if you go outside and you're in a public place, you're being taped. You are. Right?

PEREIRA: Look, I'll just -- the last thing I'll say is look what happened when they had that one in L.A.. The crowd brought it down, so people aren't completely comfortable with the notion. I feel like this isn't going to be the last conversation or the last demo we'll have.

Come back. We'll talk about it another time, guys. This was great. Jeff Wise and Mel Robbins.

CUOMO: Won't be the first or last time that -- that people get angry about things they don't have any reason to be angry about either. So we'll -- it's funny. You know, online during the conversation, people are very excited about the possibilities of the drones. You know, so whatever it's worth.

PEREIRA: Until it comes over your back yard.

(CROSSTALK)

CUOMO: Just one story starting off your new day. There's a slew of important primary results to tell you about, and we're going to take a bite out of the World Cup. That means more than you think, so let's get to it.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: This is your victory.

(APPLAUSE)

UNIDENTIFIED MALE: So much for bold colors. So much for principle.

UNIDENTIFIED FEMALE: A nasty finish to a tough race.

BARACK OBAMA, U.S. PRESIDENT: Whenever I can act on my own, I'm going to.

UNIDENTIFIED FEMALE: Boehner is consulting legal scholars about possibly suing President Obama.

JOHN BOEHNER, SPEAKER OF THE HOUSE: The spread of terrorism has increased exponentially under this president's leadership.

LINDESY GRAHAM, R-SC: I don't think you're going to hear much pushback if the president has to act.

UNIDENTIFIED MALE: Delicious controversy at the World Cup.

UNIDENTIFIED MALE: Surely not again.

UNIDENTIFIED MALE: It must taste good or why would this guy keep biting people?

(END VIDEOTAPE)

CUOMO: New day. It was a primary night for the ages, big implications for the GOP, and that means also for the tea party and who controls your government in general.

So let's start with Mississippi. CNN projects six-term Senator Thad Cochran defeating tea party challenger Chris McDaniel in a Republican Senate primary run-off, but McDaniel at this point refusing to concede. He's blasting his opponent for reaching out to Democrats to vote for him in a Republican primary. Listen.

(BEGIN VIDEO CLIP)

CHRIS MCDANIEL, R-MI: There is something a bit unusual about a Republican primary that's decided by liberal Democrats.

So much for bold colors. So much for principle.

(END VIDEO CLIP)

BOLDUAN: And in New York City, 22--term Congressman Charlie Rangel appears to have survived a challenge in the recently redrawn 13th congressional district in Harlem. A confident Charlie Rangel telling CNN he was comfortable declaring himself a winner.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMLAE: Did you consider waiting for him to concede before declaring victory? Why declare now?

REP. CHARLIE RANGEL, D-NY: It never entered my mind. The frustration of all of these people in a hot room, and the vote was so close it would have reached a point that I was more concerned about them and the press than I was about anything else.

(END VIDEO CLIP)

BOLDUAN: But Rangel's opponent Adriano Espaillat claims it's still too close to call.

CUOMO: All right, now, Colorado may boast the best names in politics, Congressman Bob Beauprez won the GOP gubernatorial primary over immigration hard-liner Tom Tancredo. He gets to now face incumbent John Hickenenlooper in November.

In Oklahoma, Congressman James Lankford defeated T.W. Shannon in the Republican primary. That was the race to secede retiring Senator Tom Coburn.

BOLDUAN: In Maryland, CNN projects lieutenant governor Anthony Brown won the state's Democratic gubernatorial primary.

And in Florida, Republican businessman Curt Clawson, he won the special elections to replace former Democrat -- former Republican Congressman Trey Radel.