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ISIS Militant On Motorbike Kills 33 In Afghanistan; Ohio Man Pleads Not Guilty To Terrorism Charges; Republicans Test Waters In New Hampshire; Search Area For MH370 Could Double; Obama: Lynch Delay Has Gone "Too Far"; Store Video: Suspect Demanded Gun At Wal-Mart; Jury To Decide If Tsarnaev Lives Or Dies; President Obama Chides Senate for Inaction on Lynch Nomination; More Details of Police Car Hitting Suspect; Tsarnaev Trial Sentencing Phase Begins; Latest TSA Scandal. Aired 12-1p ET

Aired April 18, 2015 - 12:00   ET

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


COY WIRE, CNN SPORTS: -- you can see the scuffle there. Apparently that's when the injury occurred. He had surgery just two days ago. Now he's going to miss the playoffs.

Hawks, they're starting their series, how crazy, with the Brooklyn Nets, which is the team they were originally in New York for when the injury happens. He's a good player. They're going to miss him in playoffs. Maybe he shouldn't have been out that late.

FREDRICKA WHITFIELD, CNN ANCHOR: Not going say anything. I'll leave that up to you. All right, Coy Wire, thank you so much. Appreciate it.

All right, still so much more straight ahead in the NEWSROOM. It all starts right now.

Happening right now in the NEWSROOM, a terror under the big top in a very different way, torrential rain tearing through the roof as circus goers scramble for safety.

(VIDEO CLIP)

Plus, presidential hopefuls converging on New Hampshire, all of the GOP heavy hitters, 19 to be exact, are in town for the first in the nation Republican Leadership Summit.

And TSA groping? The alleged plot to pat down attractive passengers at Denver International Airport, and this is just the tip of the iceberg apparently, according to a former officer. You're live in the CNN NEWSROOM.

Hello again, thanks so much for joining me. I'm Fredricka Whitfield. We begin with a troubling development in Afghanistan. A suicide bomber on a motor bike blew himself up today in front of a bank, at least 33 people have been killed and more than 100 wounded.

ISIS is claiming responsibility for its first apparent attack in Afghanistan. It happened in Jalalabad, about 150 miles away from the capital city of Kabul.

Nathan Hodge is a reporter for the "Wall Street Journal" and he joins me now from Kabul. So what more do we know about this ISIS connection, Nathan?

NATHAN HODGE, REPORTER, "WALL STREET JOURNAL": Well, it's a violent day here in Afghanistan and in Jalalabad, where at least 34 people we now know, and over 100 were killed, and over 100 were injured in this suicide bombing, which occurred as people were queuing up outside of the new Kabul Bank or a branch of this bank.

Where government employees, civil servants, members of the army and there police routinely go to get their salaries. So this suicide bombing really struck to heart of the state in many ways.

What we know is that militants affiliated with or claiming to be affiliated with the Islamic State, both posted messages online and made phone calls and text messages to reporters, claiming responsibility for this attack.

It's important to note here that the Islamic State is not a major presence in Afghanistan, only recently has militants now claimed to ally with the Islamic State and the Taliban pose a much larger threat to the Afghan government.

It's a lot of worry from the part of Afghan president that the Islamic State could pose a greater threat to the stability in the region.

WHITFIELD: And so Nathan, while ISIS has tried to recruit in this country reportedly, is this attack an indicator of its success in doing so?

HODGE: Well, what we've seen before, up until now, are just recruitment and propaganda efforts, according to observers, western officials, and Afghan experts. But right now, what this seems to be is a movement to actual operations. That's launching its acts.

We've seen evidence in recent days of attacks that have been claimed by Islamic State in Pakistan as well. So it does appear that things have moved from the propaganda and the recruitment stage into the actual operational phase.

WHITFIELD: All right, Nathan Hodge, thank you so much, from Kabul. Appreciate it.

All right, meantime, a Columbus man is accused of going to Syria for terrorism training, and then returning to the U.S. to kill Americans. But he's pleading not guilty to the federal terrorism charges against him. CNN's Atika Shubert takes a look.

(BEGIN VIDEOTAPE)

ATIKA SHUBERT, CNN CORRESPONDENT (voice-over): Back from Syria, radicalized and according to authorities, with intent to kill, this man, 23-year-old American, is in custody. The FBI says he was hoping to do something big in the U.S. DOUG SQUIRES, U.S. FEDERAL PROSECUTOR: His intent for the United States was to kill Americans. That included U.S. military, police, and anyone in uniform.

SHUBERT: Abdirahman Sheik Mohamud left his hometown of Columbus, Ohio, in April of last year, according to an indictment on a one-way ticket to Athens, Greece. But Mohamud never boarded his connecting flight, after stopping in Istanbul, Turkey.

Instead, authorities say, an accomplice picked him up and drove him to Reynhanli, a border town where he crossed over into Syria. Mohamud allegedly trained with terrorists in shooting weapons, breaking into houses, using explosives, and hand-to-hand combat.

[12:05:05] Officials did not say which group he trained with. Two months into the military-type camp, a cleric told Mohamud to, quote, "return to the United States and carry out an act of terrorism," according to the indictment.

In June, now back in Ohio, the 23-year-old allegedly told others that he wanted to, quote, "kill American soldiers execution style." At a military base in Texas and his backup plan was to attack a prison, specifically, wanting to target armed forces including police officers.

It's not clear how far along any such plans were. Mohamud expressed his support for ISIS on social medial a full year prior to leaving for Syria, officials say, uploading images of the terrorist group to his Facebook page.

On Friday, Mohamud pleaded not guilty to two charges of providing support to terrorist individuals and a terrorist organization, as well as one charge of giving false information to the FBI. Atika Shubert, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Police in Melbourne, Australia, say they have stopped a potential ISIS-inspired terror attack. Australian officials arrested five teenagers in a major counterterrorism operation, but released three of them pending further investigation.

Police say the young men were planning an attack during a national ceremony next week. One of the suspects has been charged with conspiring to commit a terrorist act.

The race for president in this country is now in high gear. Right now in the all-important state of New Hampshire, and that's where the entire Republican presidential field is gathering to win over voters who will cast ballots in the nation's first primary, declared and potential candidates are attending this major GOP summit.

And several contenders have wasted no time trying to grab the spotlight by putting their stump speeches to the test there. Athena Jones is live for us in Nashua, New Hampshire. OK, so what are they saying, and I guess more importantly, who is saying it?

ATHENA JONES, CNN CORRESPONDENT: Hi, Fred. Well, we heard, so far today, from Senator Rand Paul, he has been the first big speaker of the day. We heard yesterday from Governor Jeb Bush, from Chris Christie, from Marco Rubio, so there is a whole long list of people who have been speaking and who will be speaking.

And they've been well received. These are activists. These are very engaged voters they've been talking to this early in the cycle here in New Hampshire. This is the first state that will be holding a primary next year. So it's an important state.

They've been talking up conservative principles like cutting taxes, cutting the size of government. Of course, they've been criticizing President Obama and also their potential rival, Hillary Clinton, she's already declared, but these folks still have to figure out whether they're going to run.

Many people have not announced, as you mentioned. One who has not announced is former Florida Governor Jeb Bush. He's been one of the folks here trying to make his case. He's getting a lot of questions from the crowd.

One of the questions he hasn't been able to escape, though, is the question about how he's going to distinguish himself from his father and his brother.

(BEGIN VIDEOTAPE)

JONES (voice-over): He hasn't formally announced his candidacy, but Jeb Bush is already acting liking a presidential candidate, fielding questions from granite state voters on tough issues, like immigration reform.

JEB BUSH (R), FORMER FLORIDA GOVERNOR: Deal with the folks that are here illegally in a rational, thoughtful way. My suggestion is, earned legal status.

JONES: That's a view at odds with many conservatives. A sign the former Florida governor isn't afraid to stick to his principles on this and other issues. He says he enjoys engaging with voters in these intimate settings.

BUSH: This is what they expect. This is the unique nature of New Hampshire, you can do it. It's small enough where people get a chance to see you close up, and I love.

JONES: Bush also tackled that recurring question about the Bush family as a political dynasty. Much like the Adams family presidents of centuries past.

BUSH: I have to prove that I'm not running for president if I go beyond the consideration of this to be active candidate, trying to break the tie between the Adams family and the Bush family.

JONES: And he poked fun at a potential rival from another political dynasty, saying of Hillary Clinton's recent visit to an Ohio Chipotle.

BUSH: Yes, drive my own car, park my own car and get out of my own car.

JONES: But while Bush has been jabbing Democrats like Clinton and President Barack Obama, he hasn't focused much on his fellow GOP contenders, even as the rest of the field try hard to distinguish themselves.

Former Texas Governor Rick Perry warning that nominating another first-term senator would be a mistake, a not so veiled dig at Senators Ted Cruz, Rand Paul, and Marco Rubio.

RICK PERRY (R), FORMER TEXAS GOVERNOR: We've spent eight years with a young, inexperienced United States senator and I will suggest to you, economically, militarily, and foreign policy wise, we're paying a tremendous price.

(END VIDEOTAPE)

[12:10:10] JONES: So as I mentioned, there is still a long list of people preparing to speak today, people like Carly Fiorina, the former Hewlett-Packard CEO, and also Governor Bobby Jindal, Governor Scott Walker, Senators Lindsey Graham and Ted Cruz so a lot of folks will be listening to what they have to say -- Fred.

WHITFIELD: Indeed, all right, thank you so much, Athena Jones in Nashua, New Hampshire.

All right, in other news, severe storm put a frightening end to a circus performance in Texas. Dramatic video capturing the terrifying moments when a performer actually cuts her act short and people are seen scrambling.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Water and wind, right? They're not from Texas.

UNIDENTIFIED MALE: Come here, baby. Don't cry.

(END VIDEO CLIP)

WHITFIELD: Officials told local media that no injuries were reported at that circus and then on to Colorado, now, lightning grounded this United Express Flight in Colorado Springs. Passengers say they were stuck on the tarmac for several hours.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They only have three days and they are not in the mood to be dealing with us. They don't have to do anything with us until we have been out here for three hours.

(END VIDEO CLIP)

WHITFIELD: All right, the airline claims it gave passengers the option to deplane, but some passengers deny that and say they had no fresh air and only crackers to eat. United is reaching out to customers now to offer compensation.

And 18 million people are at risk for severe weather today. Meteorologist, Ivan Cabrera, is here with more on, is this one big storm or many storms?

IVAN CABRERA, AMS METEOROLOGIST: Yes, good point it's actually one storm. We have a slow spinning of the four corners and it's been responsible for all the severe weather here across Texas. We have that blow up of thunderstorm activity yesterday and that's what passed through Houston here.

Today, once again, we're in that setup here where we'll have this line of severe thunderstorms developing, Fred, anywhere from Corpus Christi, Austin, Dallas, heading into Oklahoma, which is why we're talking about upwards 18 million people being impacted here.

Yes, heavy rain along the Gulf Coast, not too concerned about severe weather. They are just torrential downpours, but watch this line as we head through the afternoon, anywhere from 5:00 to 6:00 p.m., that's when you have to really pay attention.

If you hear thunder, likelihood if you're in Dallas of that being a severe thunderstorm pretty high today. So certainly keep an eye to the sky and stay indoors if you can.

And then all of this, of course, pushes to the east, heading into the next 24 hours. So that by Sunday the bull's-eye here will be Little Rock, and into Memphis, Northern Louisiana, again the potential, as it will be heavy winds, heavy downpours and that continues into Monday as well.

WHITFIELD: All right, Ana Cabrera, thanks so much. We'll check back with you.

All right, coming up, it has been more than a year since Malaysia Flight 370 disappeared, but there's a new development in the search. Our aviation experts take a look at what it might mean, next.

(COMMERCIAL BREAK)

[12:16:45]

WHITFIELD: All right, more than a year after it went missing, the search area for Malaysia Airlines Flight 370 could double in size. The plane disappeared over the sea between Malaysia and Vietnam with 239 people on board. No trace of the plane has ever been found.

But now, investigators say that if the primary search comes up empty, they are expected to double the zone to an area roughly the size of the state of Mississippi.

Let's bring in David Soucie, he is a CNN safety analyst and former FAA safety inspector, and Thomas Altshuler, he is a vice president for Teledine Marine Systems and has worked for years to develop underwater search vehicles and techniques. Good to see both of you.

All right, so David, you first, what does it tell you that the search area could double in size? It's already quite extensive. I mentioned Vietnam, you know, that area there, but really we are talking all the way to Australia in terms of the southern part of the Indian Ocean in which that search area has extended so now double that?

DAVID SOUCIE, CNN SAFETY ANALYST: Well, they're going to double it, but there is very specific reason for that. First of all, we can't give up on the 20,000 miles they have to search, but if it's not found in that, they're going to expand it.

If you look at the width, the band of that search area, they're talking about doing widening that, and that makes sense to me because if the aircraft did stall, you can't say the aircraft continued on its trajectory, and that's what this was based on.

So it's possible it could have stalled and reversed direction and come back the other direction. So I think that's part of what's going into this calculation of twice the area, just widening that swath or path that they're looking through.

WHITFIELD: And so Thomas, what do you see as the real obstacles here? There's been no trace of this plane, this flight, and now to even double the search area, does that mean that the search area has been exhausted because, I think, most of us believed or led to believe that even the search of the existing area was going to take years.

THOMAS ALTSHULER, VICE PRESIDENT, TELEDYNE MARINE SYSTEMS: Well, you know, there are a couple of things. This is a contingency plan, given they don't find anything when they finish up this current average area. Right now they have four ships out there with complex survey equipment, multi-beam sonars, and side scan sonars.

So they're building a very comprehensive map of the bottom as they go through that process, if they don't see what they're looking for, you continue to expand and, as David correctly said, look at calculations you made, assumptions on the search area and build around that.

WHITFIELD: And then, David, how long do you expect? This is very costly, expensive, of course, especially when you have loved ones on the plane, there really is no price that's too high to pay. But realistically, how long do you believe with the kinds of vessels that Thomas underscored could possibly continue to be used? Who can afford to continue to finance this?

SOUCIE: Well, Chinese has made, and Malaysia and Australia, have made commitments to continue the search. This is a big deal, to say they'll double it because it doubles their cost as well, maybe more than that because of the areas they're going through.

Part of what they're doing right now is going back and looking between areas, as they make these swaths. They are going back to make sure they didn't miss anything because it would be tragic to increase that search without knowing that you completely exhausted that search area, the initial one. [12:20:05] So they're doing that. They're very committed to. These are challenging things, challenging size, challenging depth of the ocean. We are talking an area the size of Illinois here. Now we're doubling that. Now we have two Illinois next to each other, a huge task. I really admire them for continuing on.

WHITFIELD: Thomas, are you convinced that the search area needs to primarily focus on the sea? Is it your view that there's no way that there could be any landmass involved in the downing of this plane?

ALTSHULER: That's an incredibly hard question because the data that has been analyzed from the satellite telemetry they saw would indicate the air frame was moving along the trajectory they're searching now. It's so hard to tell what happened.

This is a hard problem. Looking in the Indian Ocean, most of it never mapped in the past. At this level, they are searching a huge area. You know, it's up in the air. If something else happened, you know, that's almost impossible to tell at this point.

WHITFIELD: It's so sad, too. All right, Thomas Altshuler and David Soucie, thanks so much to both of you. Appreciate it.

ALTSHULER: Thank you.

WHITFIELD: All right, still ahead -- the rageful rant that has gone viral and bench an ESPN reporter.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Do you feel good about your job? So I could be a college dropout and do the same thing?

(END VIDEO CLIP)

WHITFIELD: All right, now the towing company is weighing in on Britt McHenry's future on air and what they have to say that may actually surprise you.

(COMMERCIAL BREAK)

[12:25:24]

WHITFIELD: All right, usually for a television reporter, air time is usually a really good thing. Well, not this time. ESPN's Britt McHenry has been suspended for a week for this insulting rant directed at a towing company clerk.

But now some on social media are defending McHenry, saying that the clerk taunted her and the tape was edited. Even the towing company says it doesn't want McHenry fired altogether. CNN's senior media correspondent, Brian Stelter, has more on this.

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: Fred, this is a story a lot of people are talking about this weekend. But Britt McHenry is not, she's staying silent as she's on a one-week suspension from ESPN and the channel's staying quiet, not saying anything further about the situation.

But like I said, some people going through her Twitter feed, looking at past examples of insensitive or inappropriate tweets that Britt McHenry had posted and the actual towing lot company is speaking out as well.

Their statement is very interesting, it says that, Gina, the woman on the tape that's being berated by Britt McHenry actually did not want her to be suspended or terminated as a result of her comments.

Let me read a portion of what they wrote, they said, "Parking enforcement is contentious by nature. As a small business we saw no benefit to releasing the video except to highlight personal attacks, employees and jobs like towing, public parking enforcement and others sometimes encounter. The video is not licensed or sold to anyone."

Interesting statement, because people have wondered, how did this video get out? How did it leak on to the internet? That's the challenging thing for Britt McHenry and ESPN going forward. It hard to excuse her comments obviously, but if her suspension ends and she goes back to work, the video's going to live online for a long, long time.

It's not the kind of thing that's going away any time soon. ESPN faces a tough decision here, the suspension is supposed to end middle of next week and Britt McHenry is supposed to go back to work.

But there are lots of calls online for a longer suspension or for her to lose her job entirely. ESPN has lots of experience with this, they have suspended employees before. Remember Stephen A. Smith was suspended last year for very controversial comments he made about domestic violence and how women are treated in abusive relationships.

And also Bill Simmons of ESPN was suspended for calling the NFL commissioner a liar. In fact that suspension went on for three weeks. That's why some people say one week is not just enough in this case. Fred, back to you.

WHITFIELD: All right, Brian Stelter, thank you so much.

And you can catch more of Brian Stelter, host of "RELIABLE SOURCES" on Sunday, 11:00 a.m.

All right, President Obama, he's pretty unhappy with the Senate stalling on his attorney general nominee and he's not mincing words about it. Sunlen Serfaty is live for us at the White House -- Sunlen.

SUNLEN SERFATY, CNN CORRESPONDENT: Fred, Loretta Lynch's nomination stalled for 161 days, now President Obama speaking out forcefully, blasting the Senate for his holdup, but there are some signs that Congress could potentially move to her nomination as early as next week, all of the details coming up.

WHITFIELD: All right, look forward to it? Thanks so much, Sunlen. OK, it all sprouted with "Weed 1" and then came "Weed 2." Well, now Dr. Sanjay Gupta is at it again and he is reaching higher than ever with "Weed 3," the movement behind it, the radical research. Watch, "Weed 3, The Marijuana Revolution" Sunday night at 9:00 p.m. right here on CNN.

And at 10:00 p.m., "High Profits," another special, we'll be seeing how marijuana is changing the way Colorado does business and unique look inside two Colorado dispensaries fighting to stay open.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: They are parasites. They've got no contribution to this society.

UNIDENTIFIED MALE: They are preying on our community and our kids.

UNIDENTIFIED MALE: It's going to end badly.

UNIDENTIFIED MALE: He's got exactly $100,000 in cash in the back of this car. I bet there's guys right there in that prison for doing just what we're about to do.

UNIDENTIFIED FEMALE: I want the Breckenridge Cannabis Club to be a household name.

UNIDENTIFIED MALE: This is us pioneering a new industry.

UNIDENTIFIED MALE: He's going after every resort town in Colorado. His plan is brilliant.

UNIDENTIFIED MALE: This is a big boy operation.

UNIDENTIFIED FEMALE: We're not the Amsterdam of the Rockies. We're Breckenridge.

UNIDENTIFIED MALE: Absolutely unbelievable to us that this happened so quickly.

UNIDENTIFIED FEMALE: That's when the town erupted.

UNIDENTIFIED FEMALE: I think we have an image to protect.

UNIDENTIFIED MALE: Powerful elite has put the pressure on.

UNIDENTIFIED FEMALE: Everyone is playing everyone.

UNIDENTIFIED FEMALE: They're going to have a target painted on their back. That is a real threat.

UNIDENTIFIED MALE: There's $2 billion to be had next year. I plan to take more than my fair share.

ANNOUNCER: "HIGH PROFITS" series premiere Sunday night at 10:00.

(END VIDEOTAPE)

[12:30:00] (COMMERCIAL BREAK) WHITFIELD: President Obama said enough is enough. He is rebuffing the Senate for refusing to confirm Attorney General Nominee Loretta Lynch.

Obama calling the Senate "embarrassing" and their lack of action yet another "Sign of dysfunction" in the Senate.

CNN's Sunlen Serfaty is following the story of course from the White House. So Sunlen what else is the president have to say.

SUNLEN SERFATY, CNN CORRESPONDENT: Well Fred rarely do we see parts in Obama this angry about something in public. This basically (inaudible) to a public chat seizing (ph) of the Senate for what he called political gamesmanship that cleared the president is very frustrated about this delay. And he called yesterday for the Senate to get this done.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: And I have to say that there are times where the dysfunction in the Senate just goes too far. This is an example of it. It's gone too far. Enough. Enough. Call Loretta Lynch for a vote. Get her confirmed. Put her in place, let her do her job. This is embarrassing, a process like this.

(END VIDEO CLIP)

SERFATY: And Lynch's nomination has been in part held up because it's been tangled with this other unrelated issue about human trafficking bill its work its way through the Senate.

Senate Majority Leader Mitch McConnell, he has said that he's not going to move forward towards the Lynch nomination until they get this other billed on. And there's problems with that bill, there is some controversial abortion language in it that democrats don't like and they're holding of that bill.

So we do know from democratic and republican sources though Fred that there could be some room for compromise on that human trafficking bill that means that this could potentially pave the way to hold the vote on Loretta Lynch's nomination at some point next week.

WHITFIELD: All right as early as next week. All right we will see Sunlen Serfaty, thank you so much appreciate it, the White House.

[12:35:01] All right still ahead brand new video of man stealing a gun from Wal-Mart just moments before a police officer ramps his cruiser into the man walking on the street. Well that's not the only thing that's new.

(COMMERCIAL BREAK)

WHITFIELD: All right, new information about what happened before a Marana Arizona police officer used his cruiser to take down a man with the rifle who was walking on a sidewalk. This is newly released surveillance video inside of Wal-Mart in Arizona. Police say which is Mario Valencia threatening an employee to give him a gun. Police says would believe the images will show. Just minutes later Valencia leaves the store with the loaded gun and he's walking down the street and that's when Officer Michael Rapiejko runs him down with his police cruiser.

Our Miguel Marquez is digging on the story as new information about Valencia's actions before he was run down.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Oh. Jesus Christ, man down.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Did this ever need to happen.

UNIDENTIFIED MALE: Oh, my God.

MARQUEZ: New video shows a Wal-Mart loss prevention officer telling Marana Police Officers on the scene the gun this man had just stolen, had a safety lock on it couldn't be fired.

[12:40:01] UNIDENTIFIED MALE: It's locked. He can't get the lock off.

UNIDENTIFIED MALE: You sure?

UNIDENTIFIED MALE: I'm positive.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: It's locked.

MARQUEZ: 10 seconds later.

UNIDENTIFIED MALE: OK never mind.

MARQUEZ: The Wal-Mart loss prevention officer wearing shorts and sandals, listening to the radio has his young son along for the ride.

UNIDENTIFIED MALE: Where we going to pop?

MARQUEZ: Police finally yell at the employee, back off.

UNIDENTIFIED MALE: Stop coming forward us you dumb, you don't have a gun or vest on.

MARQUEZ: Minutes earlier Mario Valencia mentally unstable on a crime spree all morning is handed a 30-30 lever action rifle by a Wal-Mart clerk who told police Valencia seemed normal.

In the video you can see him inspect the rifle closely appearing to work the lever and trigger. He then turns his attention to ammunition, telling the clerk "Don't do anything stupid, give me the ammo." The employee first resist trying to buy time but eventually tells police she handed over the ammunition because Valencia was threatening to break the case, and if glass got on the other boxes of ammo, they could not be sold."

She also told police, its Wal-Mart policy to give over items during a robbery. Wal-Mart says the store clerk acted appropriately even alerting security to call police before handing over the ammo by dialing 8 code brown.

One 991 call makes clear the gravity of the situation. A Wal-Mart asset protection manager tells the operator Valencia was trying to load the rifle in the store.

UNIDENTIFIED FEMALE: I have an armed customer in the sporting goods department.

UNIDENTIFIED FEMALE: OK. Is he threatening anyone?

UNIDENTIFIED FEMALE: I'm trying to find out. He's loading the weapon in the sporting goods department at the moment.

UNIDENTIFIED FEMALE: He is loading it?

MARQUEZ: A photo of the rifle stolen by Valencia shows the cable lock still on. Wrapped to the lever once with enough slack but the lever could still be operated, police said the lock appeared to be a handgun cable lock.

A Wal-Mart spokesperson insist the gun had the proper lock correctly installed in the store and either Valencia did something to it or the force of the patrol car hitting him affected the cable lock.

The Wal-Mart loss prevention officer and his son were witness to Valencia being taken down by the patrol car.

UNIDENTIFIED MALE: Oh, gotten killed.

UNIDENTIFIED MALE: That guy's -- got -- up.

MARQUEZ: Wal-Mart says it constantly reviews all its policies in procedures and this incident in Marana is being discussed right now.

Miguel Marquez, CNN, New York.

(END VIDEO CLIP)

WHITFIELD: And of course still under review why the officer used his police cruiser in which to take down a suspect.

All right still ahead, will a Boston marathon bomber pay with his life. It takes only one juror to stop Dzhokhar Tsarnaev from getting the death penalty. I'll ask our legal penal what the expected Tsarnaev faces sentencing next.

(COMMERCIAL BREAK)

[12:46:36] WHITFIELD: All right, the second phase of the Boston marathon bombing trial will start this Tuesday after the jury found Dzhokhar Tsarnaev guilty on all 30 counts. Now the jurors must decide whether he will pay for the bombing with his life.

One family at the center of the story wants life in prison for Tsarnaev. The family of eight year old victim Martin Richard says in a upend in the Boston Globe, they don't want their two children to have to live with years of appeal saying this "We our two remaining children do not have to grow up with the lingering, painful reminder of what the defendant took from them, which years of appeals would undoubtedly bring."

Let's bring in our legal guys to talk about the penalty phase Avery Friedman a Civil Right Attorney and Law Professor in Cleveland and Richard Herman in New York Criminal Defense Attorney and Law Professor joining us from Las Vegas.

Good to see both you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Good to see you Fredricka.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi Fred.

WHITFIELD: All right and now we've had you both individually here in studio with me now, if only we could you get together.

Avery was just here last week and Richard you were just here last month. So anyway it's always great to have to have down here.

HERMAN: That's right.

WHITFIELD: All right, good to see you.

FRIEDMAN: And joyous to be with you. Joyous.

WHITFIELD: So Avery, you know, let me go to you first because in Massachusetts is not a death penalty state but this is a federal case and that's why the jurors are trying to consider life or death.

So what will happen in this penalty phase what's the expectation of the kind of evidence presented if there will be anything different or even testimony to try to appeal to the jurors for either a life or death penalty?

FRIEDMAN: Well you're exactly right. The confusion is that under Massachusetts law there is no death penalty this is a federal law, Congress authorize death penalty. That's what the jury is going to consider, it's simply a matter of mitigating factors versus aggravating factors.

And that balance are going to be have to made by the jury. The complication I think is that with the upend pieces with the editorials and of course Judge George O'Toole the federal judge is instructed the jury don't look at media.

But they're not sequestered and you know they are. So the problem is, are they going to be affected and will that reading media and watching media impact under decision making. And I think it very well could.

WHITFIELD: And so Richard, you know, this is not have to be a -- or definite to be a unanimous decision by the jurors.

HERMAN: Yeah, Fred this has to be 12-0 if one juror holds out no death penalty. And here is the situation Fred, when you go to a Voir dire and the judge says "Listen this is the law, could you apply the facts to this law and could you actually vote for death," and everybody sits there in front of the judges, says "Yes," then you go through a trial and you leave and see this guy everyday in court for as long as this trial lasted.

Now you have to go back and deliberate "Can you give the thumbs down. Can you..."

WHITFIELD: So are you saying a relationship so to speak. There's almost a relationship that's built to your saying between the juror and the defendants?

HERMAN: Exactly Fred, it goes to the humanization of the defendant that what it goes too, and that's what the defense will try to shout.

WHITFIELD: All right Avery?

FRIEDMAN: Well I think it's a little bit deeper than that. I think what's going to happen here is that the prosecution obviously wants the death penalty. You have a certain mentally, you've got 12 people, 7 women, 5 men who would indicate that during the jury selection, yes we don't have a problem, you know, ordering death penalty if the facts narrative.

[12:50:06] But again the question during the arguments will be has our society Fredricka evolve from a certain blood thirstiness, well we need to kill this guy or has civilization emerge, evolved where life in prison really is the appropriate question.

And that's a very complicated part and nobody knows the answer to that.

WHITFIELD: And, you know, it's a heinous crime and especially in a town like Boston. I mean this particular offense really hits at the heart, goes to core of people there. And so this is very personal. But I wonder Richard if in anyway his age, he's a young man, if they are looking at the offense or if these jurors are looking at this young man, you know, in that court everyday and how much that might influence their decision about whether its life or death.

HERMAN: That's his only chance out of this. I mean I don't even think they're going to put him on the stand to try to save his life because I don't think they can trust him to get up there and not rant and rave about something.

So I think that, if he can be humanized in this portion of the case, his life will be spared, very liberal up in Massachusetts as we said earlier, no state death penalty, federal death penalty.

Well here's the conundrum for them Fred. What do they do, do they sentence him to death which will make a martyr, give him his thousand vergence and... WHITFIELD: Which he scrolled in that vote, then I think he exactly attended that he wanted that, he was jealous of his brother for having found death, you know, life has a death and how he was hoping for that.

HERMAN: And years and years of appeals and money or do they gave him life in prison and ended right there with parole with some appeals but that will be it. That will give the closure, I think we're going to be looking at life in prison, I think a couple jurors are going to hold out here.

FRIEDMAN: Actually I agree with that. I think that's right.

HERMAN: No. No, then I think it's going to be death penalty. I think its death penalty.

WHITFIELD: And see me when you guys agree. But go ahead just kidding. All right Avery and Richard thank you so much appreciate it.

HERMAN: Of course, pleasure.

WHITFIELD: Always good to see you.

HERMAN: We'll come in to you soon Fred.

WHITFIELD: I cannot wait. We're going to roll out the red carpet.

HERMAN: Yeah, next time...

WHITFIELD: Yeah.

HERMAN: Absolutely.

WHITFIELD: We're looking forward, we were looking at the calendar.

All right thank you so much guys.

All right, coming up, TSA Patdown are suppose to enhance security but what if agents take advantage of that task for their own thrill.

The alleged TSA plot allowing one agent to grope attractive men.

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[12:56:16] WHITFIELD: All right checking our top stories.

A massive gas line explosion sending 11 people to the hospital Friday and close to Central California highway.

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UNIDENTIFIED FEMALE: Oh my God, this is freaking hot, oh my god. Oh my god.

(END VIDEO CLIP) WHITFIELD: Investigator say they don't yet know what cause this massive blast but they are looking into the possibility that it may have been caused by heavy equipment working near a gas line.

And hockey star Jarret Stoll is in hot water today. The L.A. Kings player was arrested for drug possession yesterday while at a Las Vegas resort swimming pool.

Police tell CNN affiliate KSNV that Stoll was in possession of cocaine and ecstasy. And in a statement the Kings say they are conducting internal investigation now.

And are you being sexual assaulted when you unexpectedly get a patdown at the airport. The arrest of two Denver TSA agents for a scheme to grope attractive male passengers was shocking to many. But as CNN's Tom Foreman reports that may happen far more often than you think.

TOM FOREMAN, CNN CORRESPONDENT: Hey Fredricka this former TSA officer is saying loudly and clearly that this scheme to grope airline passengers is not limited to Colorado and is not unusual indeed he insisted airports all over the country, things like it are common place.

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FOREMAN: TSA officers using their high tech scanners to identify poolside (ph) and then grope attractive male passengers.

That's what authority say was going on in Denver International until the two officers involved the man and the woman were caught and left their jobs.

And if that's not enough to horrify many fliers now comes this from Time magazine. "The bigger issue here is a systemic one, there are far too many federal hands on people's private parts in airports." The writer is Jason Edward Harrington a former TSA agent who insist this sort of thing happens all the time in airports everywhere.

He writes the "The Agent running his or her hands over you after you pass through the scanner is almost never doing it for good reason." What's more he adds "Victims will likely never even know they were assaulted, since so many passengers have their private parts fondled."

To be sure Harrington has written fiery critiques of the TSA before. Notably this one called "Dear America, I Saw You Naked." He argues that full body scanners are routinely used to let officers leer at passengers. And yet they find few actual security threats.

The TSA has steadily pushed back against such notions and suggest the Denver incident is an oddity.

Former administrator defends officers conducting by the book patdowns as well.

CHAD WOLF, FORMER TSA ASSISTANT ADMINISTRATOR: Individuals passengers may still object to that and how they do that but as long as they're doing that correctly, they're doing their job.

FOREMAN: Still as authorities consider charges against those officers involved the Denver story is super charging Harrington's idea that it's difficult to tell where airport security ends and sexual assault begins these days.

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FOREMAN: Meanwhile the Denver District attorney is saying that he's heard from several more passengers who think they too may have been grope while passing through security at that airport. Fredricka.

WHITFIELD: All right, thanks so much Tom.

All right we had so much more straight ahead in the Newsroom and it all starts right now.