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A Ceasefire Deal in Ukraine; Hot Car Death Charges; Two Kayakers Survive Shark Attack; Seahawks Rout Packers 36-16 in NFL Opener

Aired September 05, 2014 - 09:30   ET

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


(COMMERCIAL BREAK)

CAROL COSTELLO, CNN ANCHOR: And good morning. I'm Carol Costello. I'd like to welcome our viewers from around the world. Good morning, everyone. Thank you so much for joining me.

We're following that breaking news I told you about moments ago. Ukraine and pro-Russian rebels have signed a ceasefire agreement during negotiations. According to separatist leaders, it will go into effect in just about 90 minutes. Joining me now to break it all down, CNN's Matthew Chance, he's in Moscow, and CNN's Reza Sayah is in Kiev.

I want to start with you, Reza, because you say, you know, we've heard this song before but you say this time is feels real. Why?

REZA SAYAH, CNN CORRESPONDENT: Yes, it feels real because we've heard from all sides. We've heard some pro-Russian rebels who, through their Twitter accounts, saying that the ceasefire agreement has been signed. We heard from Ukrainian President Petro Poroshenko. He, too, used his Twitter account to say that a preliminary protocol for a ceasefire had been signed. But we should point out, there's been so much misinformation from both sides during this conflict, so many frustratingly ambiguous statements and we want to be very cautious in reporting this, but based on the information we have, indeed an indefinite ceasefire has been signed that will presumably put an end to this incredibly long conflict that has lasted for more than four months.

We're still waiting to clarify what the conditions of this agreement are, but leading into this meeting in Minsk, Belarus, there was speculation that among the conditions were, of course, an end to all military operations in southeastern Ukraine, the pulling out of troops, the banning of all military flights going over the conflict zone, the establishment of a humanitarian corridor so whoever wants to get out of the conflict zone can and humanitarian aid can go in, and the positioning of international monitors who would make sure all these conditions would be met. So leading into today's meeting in Minsk, there were many western leaders, many NATO member states who were skeptical, even criticizing this process, saying that this was a ploy perhaps by Moscow, a ploy by Russian President Vladimir Putin to avoid more sanctions and buy more time for pro-Russian rebels that were making tremendous gains in the battlefields in southeastern Ukraine. But, Carol, despite that criticism, it looks like these two sides have established a ceasefire that sets the stage for them to tackle those big issues, those core demands that were not addressed in this ceasefire that have yet to be resolved.

Carol.

COSTELLO: All right, now to Matthew Chance in Moscow.

So, Matthew, if this is the real deal, why now?

MATTHEW CHANCE, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, I also concur that it is the real deal. That's certainly what it looks like. This ceasefire has come out of negotiations between the various parties, Russia and Ukraine particularly, but also crucially the pro- Russian rebels took part in these negotiations as well. And why it's the real deal, why now? Because Vladimir Putin essentially began this initiative. The Russian leader has always held all the strings in this conflict. He's the one who essentially promoted this seven-point plan that was discussed today and appears to have been signed. There was a telephone conversation between him and his Ukrainian counterpart, Petro Poroshenko, on Wednesday, in which they both said that they had agreed the outlines for a peace deal. And so, yes, it looks like it is going through.

The devil, though, Carol, will be in the detail. Now, you know, Reza mentioned some of the points that were laid out there by Vladimir Putin in his peace plan. The crucial one is this. The Russians demanded that the Ukrainian military withdraw from population centers, and not just withdraw from them, but withdraw beyond missile range from population centers into Luhansk and Donetsk regions in eastern Ukraine. That would leave the pro-Russian rebels with an enormous territory that would effectively be under their control and, of course, de facto under Moscow's control, which would, in a sense, achieve what many had speculated Vladimir Putin had set out to achieve in the first place, dismembering Ukraine and essentially giving Moscow sway over those Russian-speaking areas in the east and the south of the country.

COSTELLO: Fascinating. Matthew Chance in Moscow, Reza Sayah in Kiev, thanks to both of you.

I'll be right back.

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COSTELLO: Before this month is out, the Georgia father whose son died after being left for hours in a hot car will know if he faces the death penalty. Justin Harris was indicted on eight grand jury counts including malice murder, felony murder and cruelty to children. His 22-month-old son Cooper was left strapped in a car seat back in June while Georgia temperatures soared to over 90 degrees and Harris went on to work. Joining me now is Phillip Holloway, a criminal defense attorney and former Atlanta prosecutor.

Welcome. Thank you so much for being here. PHILLIP HOLLOWAY, CRIMINAL DEFENSE ATTORNEY: Great. Thanks for having

me.

COSTELLO: First of all let's look at these two murder charges, malice and felony. What's the difference?

HOLLOWAY: Well, malice murder is something that is an intentional death. It indicates premeditation and indicates deliberation. Something that was planned in advance and particularly cruel. Felony murder, on the other hand, is a death that occurs as a consequence of a felony. In this particular case they've charged two different counts of felony murder, one is based on malice, a second is actually based on criminal negligence, which seemingly flies in the face of the malice theory. However, it's oftentimes a good prosecutorial strategy to give a jury something else to hang their hat on if they can't quite reach a consensus about malice murder.

COSTELLO: Got you. So why haven't prosecutors decided yet whether they'll go for the death penalty?

HOLLOWAY: They indicated yesterday that they will make that decision in the next week or two, sometime prior to arraignment. Under Georgia law, in order to seek the death penalty, that notice has to be served on the defendant in open court prior to arraignment. So we should know very shortly if that's going to happen.

COSTELLO: Harris is also charged with sexting to minors. How does that play into the case?

HOLLOWAY: Well, what that is, is the prosecutor, it seems to me, is trying to paint a picture of what was in the defendant's head in the months and weeks prior to the child's unfortunate death. In order for them to convince a jury that this father, seemingly a loving father, would plan to kill his child in this way, they have to give the jury what was in his head. They have to show motive and that I think is what these other counts are all about.

COSTELLO: Well, how would that show motive that he was so involved in sexting like single women and minors out there that he didn't want to be married anymore or have a child?

HOLLOWAY: That's exactly right. At the probable cause hearing, they actually said that. They said that their theory was that he wanted to live a child-free life and that is what these other charges point to. And if they can prove them and convince a jury that that was his motive, he may very well face the death penalty.

COSTELLO: Interesting. So prosecutors also hinting to charging others in the case.

HOLLOWAY: Yes.

COSTELLO: The lawyer for Harris' wife says he's surprised they're still considering any charges. Do you think they'll charge her?

HOLLOWAY: That's the $64,000 question, Carol. Everybody seems to want to know that. She's -- I don't think she's off the hook. If they -- you know, they interviewed her at length in this investigation. If they can find any statement that she made that might not be true or that might implicate her in this death, I suspect they will charge her. The fact that she was not charged yesterday in this indictment does not necessarily mean that she will not.

COSTELLO: All right, Phillip Holloway, thanks for your insight. We appreciate it.

HOLLOWAY: Great. Thanks for having me.

COSTELLO: Thanks for being here.

Still to come in the NEWSROOM.

(BEGIN VIDEO CLIP)

KRISTIN ORR (voice-over): Help! Help! I was just on the boat with somebody, we're stuck in the water and there's a shark!

(END VIDEO CLIP)

COSTELLO: Oh, that chilling 911 call after two kayakers stared into the jaws of a great white shark off the coast of Massachusetts. Somehow they both made it to shore. We'll talk about it, next.

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COSTELLO: Checking some top stories for you at 46 minutes past the hour.

Apple is rolling out new security features after that mass theft of nude celebrity photos. In the coming weeks, users will be alerted when someone makes any changes to their account. Users can also opt for a second line of defense, a temporary password texted to them and required to access their account.

And meet a new record holder for the ages. These massive dinosaur bones are from a newly discovered Dreadnaughtus; that's the name of this new dinosaur that was discovered. It means, "fear nothing", because this dinosaur may be the biggest creature to ever have lived 77 million years ago. Here he is on the far right. And look at how he dwarfs the mighty African elephant on the far left. The remains were found in Argentina's southwestern Patagonia.

Imagine this horror. Two kayakers off the coast of Massachusetts enjoying a beautiful sunset and watching the seals. But then, in a moment, the idyllic scene turns into sheer panic. A great white shark appearing out of nowhere sinks its teeth into one of the kayaks, flipping it over.

(BEGIN VIDEO CLIP)

KRISTIN ORR, SURVIVED SHARK ATTACK: Help, help! I was just on the boat with somebody. We're stuck in the water and there's a shark! COSTELLO (voice-over): A chilling cry for help as two kayakers try

frantically to escape a great white shark off the coast of Massachusetts.

ORR: Please, how long are we going to be? We're really scared.

COSTELLO: Kristin Orr and Ida Parker were in separate kayaks, taking pictures of seals Wednesday, unaware of the danger lurking below.

IDA PARKER, SURVIVED SHARK ATTACK: We were just talking and paddling and I look over to talk to her and it came completely out of the water and got the bottom of the boat and flipped her over and it knocked my kayak completely over.

COSTELLO: The girls describe their terrifying face-to-face encounter with the great white.

ORR: It happened so fast that all of a sudden I was talking to her, and next thing I'm in the water and I just see a shark as close as you are to me biting my kayak.

PARKER: I saw at least four feet of its head. Four feet of it came up out of the water.

COSTELLO: In a panic, the girls somehow managed to call for help, and waited for roughly half an hour, not knowing if the shark would return.

PARKER: The scariest part was --

ORR: Waiting.

PARKER: -- sitting in the water.

ORR: Thinking he was coming back.

PARKER: Waiting, wondering where he was. You didn't know if he's under you or around you.

(END VIDEOTAPE)

COSTELLO (on camera): Scary, right? Wow! Marine life officials say the shark was searching for food, but when it bit the kayak, it decided there was no food there. So apparently it just moved on. Those are lucky girls.

Still to come in the NEWSROOM, Richard Sherman ignites Seattle's legion of boom defense. CNN's Rachel Nichols sat down with the star cornerback for tonight's "UNGUARDED".

RACHEL NICHOLS, CNN HOST, "UNGUARDED": Well, here's the thing, Carol. You know, Richard Sherman is never boring. We've got a lot about a lot of stuff coming up.

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UNIDENTIFIED MALE: Linebacker right in the middle of the field --

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COSTELLO: The reining Super Bowl champions, Seattle Seahawks, are picking up where they left off, dominating a future Hall of Fame quarterback. The Seahawks routed the Green Bay Packers 36-16 in the NFL season opener last night. Packers quaterback Aaron Rodgers was sacked three times, stripped once, and intercepted once. Ouch.

Aaron Rodgers didn't even test Seahwaks star cornerback Richard Sherman. You know Sherman as the player who had the rant heard around the sports world. But his coach knows Sherman delivers on the field.

(BEGIN VIDEO CLIP)

PETE CARROLL, SEATTLE SEAHAWKS HEAD COACH: I've had some great corners over time; they have to get accustomed to that inactivity, because it's going to come. They are going to get their shots and all, and not getting all the sleep. And he's determined to do a great job with that. The fact that the ball didn't go there is a big factor for us, and so he's having -- he had his impact on the game for sure tonight.

(END VIDEO CLIP)

COSTELLO: He sure did. Rachel Nichols, host of CNN's "UNGUARDED", talked with Richard Sherman for tonight's show. And it had to be fun.

NICHOLS: Absolutely. I did speak with him. He is as fascinating as ever. You mentioned that outburst after the NFC championship game in January. And you probably remember that, after that, Sherman was hit with an avalanche of racial slurs on the internet. It spurred a pretty interesting national discussion on how quick America is to judge young black athletes, young black men in general.

So when we sat down, I asked Sherman for his take on the events in Ferguson, Missouri, which he said he had been watching very closely. Take a listen.

(BEGIN VIDEOTAPE)

NICHOLS: You're from Compton. You grew up among a lot of gang violence. How do you think that complicates the relationship between the police and the community and what can get better?

RICHARD SHERMAN, SEATTLE SEAHAWKS: I think it's always a tension- filled relationship, especially inner city. The police are trying to doing their job, and people are trying to live. People that aren't doing anything, they're just minding their own business and driving around and trying to make a living, are sometimes being mixed up with criminals. And that's never what you want.

(END VIDEOTAPE) NICHOLS: Sherman, of course, grew up in Compton. He's a Stanford graduate. He's been very eloquent talking about this and a lot of other big issues. "Time" magazine actually recently named Sherman one of the 100 most influential people in the world.

COSTELLO: Wow!

NICHOLS: And he's great on the show tonight. We've also got Tiger Woods, Rory McIlroy. It's going to be a fun night.

COSTELLO: OK, so let's concentrate on the NFL for just another second. Because, you know, it starts in earnest Sunday. So what else should we -- what are the great story lines we should be following this season?

NICHOLS: Well, I'm looking for the sunshine boys. We've got a great group of over 35-year-p;d quarterbacks. This the golden age for Peyton Manning, for Tom Brady, Drew Brees. And these guys are watching their window close. They're going to be more determined than ever to get that Super Bowl ring this year.

And it's funny, somebody recently asked both Brady and Peyton Manning how long they think they could play. Remember, Manning is 38 years old and he said I'm going to follow Tom Brady's advice. I'm going to play right up until the point that I start sucking. He goes then I'll quit.

(LAUGHTER)

NICHOLS: You know, I don't know if that's a technical term. I've been in sports a long time, but, you know, that's where he is and he'll be in action this year again.

COSTELLO: I think that was the perfect answer to that question, frankly.

Rachel Nichols, thanks. Fun as always. You can watch all of the Richard Sherman interview on "UNGUARDED" with Rachel Nichols tonight, 10:30 Eastern, only on CNN.

The next hour of CNN NEWSROOM after a break.

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