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L.A. Times: Second Person Accused Hastert of Sexual Abuse; Official: Hastert Allegedly Paid Hush Money to A Male; ISIS Attacks Mosques in Saudi Arabia; Heroic Death of Wichita State University Student; Travel Ban Expiring on Talibans Exchanged for Bowe Bergdahl; Inside James Holmes' Mind. Aired 6-7a ET

Aired May 30, 2015 - 06:00   ET



VICTOR BLACKWELL, CNN ANCHOR: New developments in the potential scandal of former House Speaker Dennis Hastert. The man once second in line to the presidency, now at the center of a sexual abuse allegation.

CHRISTI PAUL, CNN ANCHOR: New, this morning, a Wichita State University student killed by ISIS while volunteering at a mosque in Saudi Arabia.

BLACKWELL: And an NFL player is kicked off the team after being charge for kicking his ex-girlfriend's dog to death.

PAUL: We are so glad that you're with us this morning. I'm Christi Paul.

BLACKWELL: I'm Victor Blackwell. Good to be with you this morning. New this morning, indicted former speaker of the House, Dennis Hastert, the longest serving Republican to hold that job, is accused of sexually abusing a former student.

PAUL: Now that minor, we're told, law enforcement officials tell CNN was a former male student of Hastert. The former speaker was a high school teacher. He was a wrestling coach in Illinois for 16 years. That started in 1965. Now the news comes amid a federal indictment filed Thursday against the 73-year-old.

BLACKWELL: CNN's justice correspondent, Pamela Brown, has the latest this morning.

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: Well, Victor and Christi, first came the shocking allegations from the Justice Department that Dennis Hastert had lied to the FBI about money he was withdrawing about a cover up and now we are learning from sources, alleged sexual misconduct involving an underage student was the reason behind the hush money.


BROWN (voice-over): Federal sources tell CNN, Dennis Hastert, the longest serving Republican U.S. House speaker was paying hush money to a student at the Illinois high school where he once taught. More than a million dollars for the former student to keep allegations Hastert had sexually abused him quiet.

Hastert has not commented publicly, but he abruptly resigned from this Washington, D.C. lobbying firm as well as from a Chicago derivatives firm. The indictment does not discuss sexual abuse, instead, it focuses on how the 73-year-old former wrestling coach moved the money he allegedly was paying to former students.

Prosecutors saying he agreed to pay an unnamed individual, quote, "$3.5 million to cover up his past misconduct." According to court records the investigation started two years ago when the FBI started investigating mystery transactions made by Hastert, bank withdrawals of more than $950,000.

The FBI alleges several of the withdrawals were less than $10,000 so he could evade IRS detection. Prosecutors say when the FBI asked Hastert about the pattern of large withdrawals he said he was keeping the cash for himself.

We're told by sources that federal authorities we looking at whether to bring extortion charges in this case and concluded it wasn't something they wanted to pursue. Hastert has not returned our calls for a comment.

But a friend of his who recently spoke to him says that he perceives himself as the one being wronged -- Victor and Christie.

BLACKWELL: Pamela, thank you so much and there is also a potential second development in this case this morning. The "L.A. Times" which first revealed the sexual misconduct aspect of this case has reported that there could be a second person making similar allegations.

Now CNN spoke with one of the paper's reporters about this last night, watch.


TIMOTHY PHELPS, "LOS ANGELES TIMES" (via telephone): A top government official and one that we consider very reliable.

WOLF BLITZER, CNN HOST, "THE SITUATION ROOM": So in other words, not just one individual who allegedly was sexually abused by Hastert, but two individuals, is that correct?

PHELPS: That's right. Although there were no payments going on between Hastert and the second official we're reporting.

BLITZER: And this occurred when Hastert was a teacher and wresting coach at that high school?

PHELPS: Well, we believe that's the case. We don't have a lot of detail on the second victim, but in general, the charges made clear that it goes back before the time that Hastert was in office. Now, whether any new information could come out, alleging misconduct, while in office, that would really blow the lid off of this case.

BLITZER: Do you know if these individuals, these two individuals who allegedly were abused were minors at the time?

PHELPS: I do not. That is implied by the fact that it apparently happened in the high school. But I do not know that for a fact.


[06:05:11] BLACKWELL: OK, so the second person now making these allegations, according to "The Times" was not being paid by the former speaker.

PAUL: Let's talk about this with HLN legal analyst, Joey Jackson right now because Joey, I want to make something very, very clear here, this indictment against Hastert has nothing to do with any alleged sexual misconduct.

He is only charged with lying to the FBI, evading the IRS and illegal money transactions. Now I say only as though that's not enough, but let's focus on those three things we know for certain right now, what is the penalty here, and what do you think that they have based on what you've heard enough to prove it?

JOEY JACKSON, HLN LEGAL ANALYST: Sure, Christi, good morning. And absolutely, that's an important distinction to point out. We don't know the specific nature of any alleged misconduct as it related to children.

Certainly, if they were minors at the time, certainly there would be statute of limitation issues that would be associated with any of those allegations, and so what the FBI did, apparently according to this is what we understand is he was taking out $50,000 withdrawals from accounts that he owned and controlled.

It was his own money. However, there are reporting requirements and the statute provides that if you take out as an individual over $10,000, the bank has an obligation to report.

And so apparently, Christie, over the course of a year and a half or two, when he took $1.7 million, they wanted to know at $50,000 increments at that time, Christi, banking officials, you know, what's going on?

Apparently, he was alerted at that point, not knowing already for whatever reason that it was $50,000 and then moved it to take the money out in under $10,000 increments. Whenever you do that, you run afoul of that statute, because what you're doing is using multiple banks to evade taking $10,000 so it wouldn't be reported.

As a result of that, the FBI had discussion with him and the problem here is two-fold. Number one, it's crime to lie to the FBI. You as an individual may not be under no obligations to cooperate or speak should they come knocking on your door.

However, in the event you that you give a false representation to them as alleged in the seven-page indictment, and you say, yes, I was using the money for me and yes, I don't trust the banking system. Essentially, he agreed with the FBI, when they said, what are you doing? Do you not trust the banking system? Yes, that's right. It's for me.

They of course then conducted investigations to find out that it was not for him, but it was to cover up some misdeed and so it's a two- fold really issue with him. Number one, lied to the FBI that they now can confirm it was not for him, it was for someone else.

And number two, as we've discussed, evading those reporting requirements. In terms of the penalties, it's up to five years in jail. That's not to suggest that he would get five years upon a conviction, but that's what's allowed by the statute.

PAUL: All right, Tom Fuentes is joining us now as well. Tom, if the sexual allegations that seemed to be coming forward turned out to be credible, how does that -- does that in any way change what's happening here?

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, Christi, not really, as Joey, mentioned the sexual allegations or the activity that may have taken place 30 or 40 years ago is probably well beyond being able to do anything with that prosecutor now beyond the statute of limitations.

I think what Hastert is probably looking at there's no statute of limitations in the court of public opinion, and I think that's probably what they are looking at as to why he would continue to make what intended to be $3 million in payments for hush money, essentially.

But as Joey mentioned when the FBI conducts an official investigation, the agent identifies himself or herself as an agent that this an official investigation regarding whatever the allegation was, you don't have to talk to the FBI.

But if you do, it has to be the truth, and that's what happened this case so he's violating Section 1001 of the U.S. Criminal Code for lying to the FBI during an official investigation.

PAUL: So, Joey, a lot of people, have been hearing these rumblings about individual "A," who is this person who was allegedly getting this money that this person was given over a million dollars, we understand, by Hastert.

JACKSON: It's 1.7, Christi.

PAUL: And some people thinking, but it was blackmail, is that individual "A" seen as a victim and therefore just gets to keep that money, and there will be no charges against them for alleged blackmail? If all of this turns out to be what has been alleged thus far?

JACKSON: You know, Christi, that's a great point, and I'm certain that the defense attorneys that represent Hastert will raise that issue. It's extortion when you come to someone and you coerce them to give you money, under the pretense of if you don't, this is what I'm going to do.

So when someone collects $1.7 million from you and it's hush money, they're essentially blackmailing you. Now we should point out that the FBI has a great deal of discretion in terms of what they do.

[06:10:05] Do they prosecute for extortion? Do they look at this person and say, you know what, you're a victim, and as a result of that, we won't do it.

But even if that's the case, Christi, the defense attorneys Hastert will be clear to point out that certainly they are victims, and if they are victims, alleged at this point, we talked about two, and this complainant only reference as one.

There are proper and appropriate channels to go through. Being a victim doesn't allow or entitle you to otherwise break the law. So whether the FBI prosecutes is a discretionary matter that's entirely up to them or the U.S. attorney rather.

The FBI doesn't prosecute. They investigate, give it to the U.S. attorney and the U.S. attorney then proceeds to prosecute the case so as to whether that will happen, that's yet to be determined. But certainly, you know, that should be looked into.

PAUL: Tom, do you have one thing you wanted to say?

FUENTES: No, I was just going to agree with Joey, that it's actually not the FBI's final decision. They'll gather all facts. It will be submitted to the U.S. Attorney's Office. They may seek guidance all the way up through the Department of Justice.

It may go to the attorney general. At one time, Hastert was number two to the presidency of the United States. He's a pretty high official to have been undergoing this type of hush money or blackmail depending on when it started and how long it's been going on.

But the facts will go to the Department of Justice. They'll determine if there are further charges especially against whoever was actually receiving these thousands of dollars in payments.

Yes, I think the allegations start in 2010, in terms of the conversation of that money between the two. Tom Fuentes and Joey Jackson, thank you both so much. We'll have more on this story.

JACKSON: A pleasure, Christi, have a great day. Thank you.

PAUL: Thank you. Thanks, Gentlemen.

BLACKWELL: We're also learning more this morning about a Wichita State student killed in an ISIS attack in Saudi Arabia, a 22-year-old student died in yesterday's mosque bombing. We'll tell you why his friends are now calling him a hero.

PAUL: Plus, 41 people have died in Texas 41, and not just in Texas but surrounding areas as well because of what you're seeing, this devastating string of horrible weather. Several governments now is responding.

And an NFL player gets cut from his team after being charged with killing his ex-girlfriend's dog.


BLACKWELL: Breaking news coming into CNN, Egypt released a U.S. citizen earlier this morning, who had been jailed since 2013 for his support of ousted President Mohamed Morsi.

PAUL: Mohammad Sultan, a dual U.S. and Egyptian citizen had been on hunger strike for at least 14 months, which recently sentenced to life in prison, but the U.S. Embassy in Cairo tells CNN, the 27-year-old is now on his way back to America. We have more ahead in the next hour.

Also developing this morning, a student from Wichita State University is being called a hero for saving hundreds of people from an ISIS suicide bomber. He gave up his own life when a bomber tried to enter a mosque in Saudi Arabia, and then the bomber blew himself up.

CNN's Nick Valencia joining us now. Nick, good to see you. What have you heard about this attack?

NICK VALENCIA, CNN CORRESPONDENT: Good morning, Christi. This is the second attack on a Shi'a mosque in as many weeks that ISIS has claimed responsibility for it. The latest to happen about Friday at noon in Saudi Arabia at the Imam Hussein Mosque, and because of a separate attack on a separate mosque, security was on high alert.

According to reports, this bomber showed up, dressed as a female as a cover-up. Security noticed him, sort of chasing him away. That's when he donated himself killing himself and at least three others.

Among those killed 22-year-old Adbul Julio Al-Arbash, whose family said helped stopped the attack. He is an undergraduate student at Wichita State University studying electrical engineering.

And his family says that he had just recently returned to Saudi Arabia to get married. They talked about him in a memorial service this week.


UNIDENTIFIED MALE: His move in Saudi Arabia was bravery because with bravery and heroism, he saved a lot of people.

UNIDENTIFIED FEMALE: He is like a brother or more than a brother to everybody. If you see him out, you're going to see a smile on his face.


VALENCIA: State run news agency in Saudi Arabia has not officially identified Al-Arbash as the person who stopped the attack. Wichita State University did release a statement saying in part, "The community is saddened by the tragic death of one of our students. Our condolences go out to Abduljalil's family, friends and colleagues in this time of loss." Victor and Christi.

PAUL: We understand ISIS is claiming responsibility, did you say?

VALENCIA: They are and that's according to social media post. ISIS sympathizers passed along and relayed a message claiming responsibility for that attack. Still no word officially about what happened from that state run news agency.

But as you heard from the family and friends there of that 22-year- old, they believed that he is a hero and saved hundreds of lives by chasing off the suicide bomber that took his own life.

PAUL: All right, Nick Valencia, appreciate it this morning, thank you.

BLACKWELL: So let's bring in retired lieutenant colonel and Pentagon senior strategist, Robert Maginnis. ISIS is claiming responsibility as we just heard from Nick and also for another attack, a suicide bombing in Saudi Arabia last week.

Lieutenant Colonel, Saudi Arabia has not historically been a target of ISIS. We've got now these two mosque bombings in as my weeks. Are we seeing a major shift here in the priorities for ISIS?

LT. COL. ROBERT MAGINNIS, PENTAGON CONSULTANT: I don't think it's a major shift. I think they've always wanted to establish their caliphate, Victor, and that includes Saudi Arabia, obviously as far east as Afghanistan and Yemen and Egypt.

What we have, of course, is 10 percent to 15 percent of Saudi citizens happened to be Shia. And those two mosques, I don't think it's a mistake from ISIS perspective that they're going after them.

You have other emirates in the Persian Gulf that have large Shia populations as well. So the tensions that are obviously playing out in Syria and Iraq between Iran and the Sunni world, the Shia/Sunni world are evidencing themselves in a wider area.

We find if you even have Shia recruiting going on in Afghanistan. And, of course, you have ISIS starting to make major gains in Northern Afghanistan, as well as the ongoing conflicts between the proxies of Iran, that happened to be Shia/Houthis in Yemen. So this is a growing regional war, I would argue.

BLACKWELL: So, I want to make sure that I'm clear here and understanding what are you saying that this more of an extension of the ongoing, long lasting sectarian violence and really irrespective of the geopolitical border.

[06:20:09] MAGINNIS: Absolutely. You know, borders don't matter to ISIS because clearly they have established their caliphate. And they believe that it's their right, to extend throughout the entire region, to recapture what would appear to be the fifth legitimate caliphate in the Islamic world since the beginning of -- you know, certainly when the Prophet Muhammad came in 632.

BLACKWELL: All right, Lieutenant Colonel Robert Maginnis, thank you so much. I want to make sure that while we put into context that this attack in Saudi Arabia we didn't go too far and saying this is now a shift in priority. Thanks for giving us the context there.

PAUL: Thank you. Well, Pentagon is ordering a new probe into the mishandling of anthrax samples. This after a new live batch was discovered at another lab. Coming up, we're going to tell you where the deadly bacteria landed this time.

BLACKWELL: And the Guantanamo five prisoners swap for American Bo Bergdahl may be free to travel as soon as tomorrow unless negotiations are completed that are happening today. We are talking men who had ties to al Qaeda and even directly associated with Osama Bin Laden.

Authorities in the U.S. and Qatar are scrambling to try to prevent this release from surveillance and restrictions. We'll find out what's at risk for Americans.


BLACKWELL: All right. Time now, 24 minutes after the hour. Let's take a look at other stories developing this morning. President Obama has signed a disaster declaration for Texas after severe flooding this week.

[06:25:08] PAUL: The White House says it will also send aid to the devastated region where 22 people have died from the severe weather. And it seems that more storms in the forecast, unfortunately, over the coming days with the possibility of heavy rain and flash flooding across the south. So we'll have a live report for you on the flooding and evacuations in the next hour.

BLACKWELL: This investigation going on in the U.S. military labs, the mistaken shipment of anthrax has turned up another live sample, this from a 2008 batch sent to Australia. Now the Pentagon is now reviewing the inventory to see if any other live samples were mailed out.

You know, earlier this week, four lab workers in the U.S. and up to 22 in South Korea were treated for potential exposure after the U.S. military inadvertently shipped live samples there. The CDC is investigating with the Department of Defense and they say there is no threat to the public.

PAUL: And U.S. Defense Secretary Ash Carter is calling on China to quit its territorial expansion into the South China Sea. This is coming one week after a U.S. surveillance plane carrying a CNN crew swooped over these islands triggering warnings from the Chinese Navy to back off.

Well, U.S. officials say they are concerned about China's militarization of some of the islands and are now considering flying surveillance missions closer than it has before over those islands. BLACKWELL: Officials are rushing to seal a deal trying to keep in place a travel ban for the men known as the Taliban five. We're talking about the men who had ties to al Qaeda and even directly associated with Osama Bin Laden. We'll tell you why no one is happy with surveillance claims for the five prisoners' swap for American Bowe Bergdahl.


[06:30:04] BLACKWELL: Bottom of the hour now. Thanks for staying with us here on "NEW DAY." A law enforcement source tells CNN that former speaker of the House Dennis Hastert was paying a former male student to keep quiet about allegations of sexual abuse.

PAUL: The information comes amid a federal indictment against a former Republican congressman. It cites misconduct and lying to the FBI. Now, Hastert used to be a high school history teacher and wrestling coach in Illinois from 1965 to 1981.

BLACKWELL: A Wichita State University student is being called a hero for saving hundreds of people from an ISIS suicide bomber. A 22-year- old Abdul Jalil Al-Arbash was volunteering as a security guard at a mosque in Saudi Arabia when the bomber tried to get inside. According to some reports, al-Arbash stopped him, but the bomber then set up his explosive killing him and three other people.

PAUL: But the clock is ticking down on a year-long travel band for the Taliban five. They are the five terrorists, former detainees at Guantanamo Bay who were exchanged for the freedom of former POW Bowe Bergdahl.

BLACKWELL: At their release, they were sent to Qatar and banned from traveling for one year. But now that ban is nearly over, the year is up, and it seems as though no one is happy with the current plan.

PAUL: Global affairs correspondent Elise Labott has a look at what could be done at this point. Hi, Elise.

ELISE LABOTT, CNN CORRESPONDENT: Well, Christi, Victor, under the agreement, the five Taliban detainees have been monitored by the Qatari government for one year and banned from traveling outside the country. Now the State Department is leading separate negotiations with both the governments of Qatar and Afghanistan about what happens next. U.S. officials say there are a few options in play. Now, the U.S. prefers they stay in Qatar where they will be monitored. The five have brought their families there. Now, total about 70 among them. The other options could see the five returning to Afghanistan either be released or monitored by the Afghan government. Now the Qataris say they will not expand the restrictions on the five, nor will they send them home to Afghanistan if they don't want to leave Qatar.

So none of these are great options. These are five pretty high ranking Taliban officials. At least one has tried to communicate with Taliban militants back home since arriving in Qatar. Raising questions about whether the lives of Afghans, Americans and U.S. soldiers in Afghanistan would be at risk. The Republican lawmakers were upset with the deal in the first place. Now they're calling on the administration to make sure the five were not set free. Christi, Victor.

PAUL: Elise, thank you. Let's talk about this with General Bob Maginnis again, retired from the U.S. Army and current Pentagon consultant. General Maginnis, thank you so much. We've already seen one of the five in this group reach out to his former terror contacts. We know, how likely, do you believe that they're going to return to their terror networks?

LT. COL. ROBERT MAGINNIS (RET.), U.S. ARMY: Well, Christi, I'm sure they want to go home. They've been away from Afghanistan for a long time. They've probably been well in communication, using social media, and they've had - I'm sure from the Taliban that have been visiting them. Yes, they'll go back. Now, whether or not they can contribute anything to the fight, more than likely in a strategic way, they can communicate their views about U.S. operations, about how to defeat, perhaps, some of the threats that are coming from other entities such as the Pakistanis, which they're concerned about.


MAGINNIS: And, of course in the alliances and leagues that the anti- Taliban, in other words, the legitimate government of Afghanistan may be promoting here. So I have no doubt, it is, I think, a bad deal in the beginning. But they're on the loose now, and there's not a lot that even the Qataris, I believe, can do.

PAUL: Well, I know back in June of last year, there was an interview on State of the Union with Secretary of State John Kerry, and he had this to say about the Taliban five and their possible return. Listen to this.


JOHN KERRY, U.S. SECRETARY OF STATE: And I'm not telling you that they don't have some ability at some point to go back to get involved, but they also have an ability to get killed doing that. And I don't think anybody should doubt the capacity of the United States of America to protect Americans.


KERRY: Nobody. No one should doubt the capacity of America to protect Americans.


PAUL: So, in other words, general, you think he's saying they go back, and they are fair game?

KERRY: Well, I think anybody in Afghanistan is fair game. It's - you're targeted by the Taliban or by the government themselves. We still have a sizable footprint, we, the U.S. in Afghanistan. And, of course, if they go on to lead once again on the battlefield. But most of these guys, Christi, are much older. And that's a tough place, in which to battle. I don't see these Taliban five picking up AK-47s and chasing down Americans in the mountains of Afghanistan. That's just not going to happen. They're going to be in a strategic place, they are going to be in Kabul or Kandahar or somewhere, kind of sitting back, advising. So they are a threat, but it's more of a strategic threat than a tactical threat for our soldiers on the ground.

PAUL: OK. Great clarification. General Bob Maginnis, always appreciated. Lieutenant Colonel Bob Maginnis, thank you so much, we appreciate it.

BLACKWELL: All right, so it's a big weekend politically, at least for the Democrats in a couple of hours, former secretary of state Hillary Clinton will have another opponent, former Maryland governor and former Baltimore mayor Martin O'Malley will make his formal announcement, but it will come with a bit of criticism. Protesters are expected outside of the announcement in Baltimore, and they're arguing that the former governor's police strategy while he was mayor is partly responsible for the unrest. The riots that occurred last months. Let's bring in CNN politics senior reporter Stephen Collinson. And let's talk specifically, before we get to the head to head with Secretary Clinton, how big of a bruise do you expect these protests and this narrative to leave on the governor's campaign?

STEPHEN COLLINSON, CNN POLITICS SENIOR REPORTER: Victor, I lost you there in the beginning there. But yes, Martin O'Malley is going to announce his campaign this morning. There's serious questions being raised about his prospects, given the fact he was mayor of Baltimore for two terms, he was governor for Maryland and he was responsible ultimately for the policing tactics which many people say ...

BLACKWELL: All right. So, we tried it with Skype. Maybe we'll get Stephen on the phone, a little more reliable sometimes. But, we will, of course, follow this throughout the morning, because we're going to watch Governor O'Malley's announcement, live, we're expecting in the 10:00 hour. Somebody in the control room, tell me, do we have Stephen back? No. OK. We'll get to him later in the morning.

Now, let's move to this, this anti-Islam rally in Phoenix, it got heated when it was met with a love rally.


UNIDENTIFIED MAN: Do something! Do something!



BLACKWELL: Yeah, we'll take you right into the middle of this divide. Also ...


UNIDENTIFIED FEMALE: This is robbing me of my joy. It's robbing me of my joy. (END VIDEO CLIP)

BLACKWELL: Newly uncovered birth records are raising serious questions about a nearly 50-year reunion between this mother and her daughter. Did she actually give her up for adoption? Or is this part of a massive cover-up? What the records say and how this mother is responding. This is one case of all of these cases we've been following in St. Louis. Mothers told that their children were dead with no death certificates. We've got the latest at the top of the hour.



BLACKWELL: OK. So, the divide here is obvious, I mean, theoretically and physically, outside of this anti-Islam rally, outside of a mosque in Phoenix. Now, one side, they're supporters of this drama on the contest. Organizers say they are fighting for the First Amendment, freedom of speech. And then some came armed in case their rights are impeded.

PAUL: Now, let's look at the other side here, a group that says it's fighting for the First Amendment as well, freedom of religion. We want to get to the ground where our Sara Sidner was right in the middle of this protest and counter-protest.


SARA SIDNER, CNN CORRESPONDENT: This was the rally that was promised, but what some folks didn't expect was that there would be two different sides to this rally, you've got the side on my right, which we'll go visit in a moment. But you have this side, which is the majority of people, and they are holding signs like "Love your neighbor as yourself" quoting Matthew 22:39. And a lot of folks are here in support of religious tolerance standing with the folks here of these mosque. The other side right across this police line here that has just built up, the other side professing something different. I want to show you -- excuse me, sir -- I want to show you what is happening with the group that got all this together, that organized this, they are hear, holding American flags. Most of them are being quiet. But there's a different message here. That message is, right here, this gentleman holding the sign here, he is saying that Islam must be stopped. And they have been yelling back and forth across the police line here. They have their love signs out and they are here to try and show people that America is about tolerance. That's the scene right now. This has been going on for about an hour. Sara Sidner, CNN, Phoenix, Arizona.

BLACKWELL: All right, Sara, thank you so much for that.

Let's talk now about James Holmes. Bombs, biological warfare, serial murder, we're taking a closer look at Holmes' disturbing personal journal detailing his alleged planes to carry out an attack before settling on mass murder.


BLACKWELL: Of course, it happened in a crowded Colorado movie theater.

Also, another dog scandal in the NFL. This time, a Falcons star is kicked off the team for beating his girlfriend's dog to death.


BLACKWELL: Was James Holmes mentally ill when he opened fire and killed 12 people in a crowded Colorado movie theater? Well, the accused mass murderer has pleaded not guilty by reason of insanity, but prosecutors say Holmes knew what he was doing. And a new video of the 27-year-old speaking with a psychiatrist reveals new insights into his state of mind. CNN's Ana Cabrera has the latest.


ANA CABRERA, CNN CORRESPONDENT: Appearing calm and speaking in a steady monotone voice, the words of accused theater shooter James Holmes have a chilling effect.

UNIDENTIFIED MALE: Do you remember the day you were ...


UNIDENTIFIED MALE: What day was it?

HOLMES: July 20th, 2012.

CABRERA: For the jury, the video is a brief look inside the mind of the alleged killer, taken during a mental evaluation to help determine whether Holmes was legally insane, when he opened fire in a Colorado movie theater.

UNIDENTIFIED MALE: Do you take into consideration the fact that when you're talking to him, he knows that he's facing the death penalty?


CABRERA: Ordered by the court, Dr. William Reed interviewed Holmes nine times for a total of 22 hours.

UNIDENTIFIED MALE: Did you drink quite a bit in college?

HOLMES: No, I wasn't a huge drinker.


CABRERA: The conversation turns dark when Holmes says he suffers from depression after breaking up with his girlfriend just month before the shooting in 2012.

UNIDENTIFIED MALE: Did you think it about hurting yourself, or killing yourself?


UNIDENTIFIED MALE: How about hurting or killing other people?

HOLMES: Yeah, I kind of transferred it to kind of homicide thoughts.

CABRERA: Dr. Reed concluded Holmes knew right from wrong, that are he was sane when he killed 12 and injured 70 others. Prosecutors say he planned and detailed his actions in his journal.

(on camera): Did he discuss having a desire to kill people?


CABRERA: Holmes sent the notebook to a psychiatrist at the University of Colorado before the shooting, but it was discovered too late. In it, Holmes writes, "the obsession to kill since I was a kid with age became more and more realistic. And he details different ways to carry out an attack from bombs, to biological warfare to serial murder. He settles on mass murder at the movies. Writing maximum casualties easily performed with firearms, being caught, 99 percent certain. Holmes has pleaded not guilty by reason of insanity.

UNIDENTIFIED MALE: Insights into the mind of madness.

CABRERA: The defense points out the notebook also contains ramblings that don't make any sense. And Holmes also writes about his mental illness. So, anyways, that's my mind, it's broken, he writes. Whether the jury believes that could determine the fate of a self- described shy, but once promising Ph.D. student.

UNIDENTIFIED MALE: What brings tears to your eyes sometimes?

HOLMES: Just regrets.


HOLMES: About the shooting.

UNIDENTIFIED MALE: Ana Cabrera, CNN, Denver.


PAUL: Psychologist Jeff Gardere joining us now. Jeff, first of all, I want to get your take on what we just saw there. Jeff, in terms of him being, not obviously, testifying in court, but in those videos, I'm sure that you've sat and you've conducted videos like that before. What was your take-away?

JEFF GARDERE, PROFESSOR, TOURO COLLEGE: Well, my take-away was that this was a person with a broken mind. And something that we should be very clear about, he was already taking anti-psychotic and anti- depressive medications when he was being examined. So we may end up getting a skewed clinical picture as to what's going on. And that's why there is so much importance placed on that notebook. Because at the time we don't know whether he was complying on medication. We could see what was going on during that time, just before the shooting and I think that gives us a more accurate picture as to whether he knew right from wrong, and whether he was, in fact, insane, psychotic, as the defense claims at this present time.

PAUL: Jeff, not only in that notebook do we see him plotting, but we just saw there on the screen, there were six pages in this notebook that just said why, with question marks. Six pages of it written again and again and again. What does that say to you?

GARDERE: Well, certainly, this is someone who was very, very self- analytical. Was possessed with the idea of killing people. But it also tells me that this was a person who was struggling with his sanity or his insanity. We'll find out at some point what that final decision is, but this isn't someone who was just lollygagging about and wasn't aware that he had a mental illness. He knew that he was suffering. He knew that there was something that was wrong, and in his own mind, as he said, he was trying to fix it, but he did, in his mind, it was broken and couldn't be fixed.

PAUL: So, can you plan and plot, I mean, you know, we understand that he went to the theaters, that he scouted them out to see which theater would work best for this plan. Can you premeditate something like this and be legally insane?

GARDERE: Well, it is a great question. What we're looking at is this very simple idea, legal idea, of knowing the difference between right and wrong. It's very concrete. It's very black and white. But then you try to apply that to something like a schizophrenia, a serious mental illness that in fact is very complex, very fluid, very hard to understand. So, I believe, as a clinical psychologist that even with schizophrenia, there are times of clarity, where you do know the difference between right from wrong. But you are still insane. So we just can't see it as a simple black and white process. And I think that's the real problem with a lot of these cases, where you're looking at a plea of not guilty by reason of insanity.

PAUL: All right. Jeff Gardere. Always appreciate your insight. Thank you, sir.

GARDERE: Thank you, Christi.

BLACKWELL: All right, so this next story made news around the world: a mother says that a hospital lied to her saying her newborn was dead, when that baby really was not.


BLACKWELL: But now there are new records that show the nearly 50 years' separation from her daughter had actually been the mother's fault. There are questions about these records, but we'll tell you what the records show and how the mom is responding. That's in the next hour of "NEW DAY".

But also, an Atlanta Falcons player kicked off the team, accused of killing his girlfriend's dog.

(COMMERCIAL BREAK) PAUL: Falcons cut linebacker Prince Shembo because he was arrested on felony animal cruelty charges. Coy Wire is with us now. What's going on?

COY WIRE, CNN SPORTS CORRESPONDENT: Good morning Christi, Victor. Yes. A said story here. Prince Shembo arrested because he allegedly killed his girlfriend's dog, a Yorkie named Dior. His attorney says he kicked the dog when it bit his hand, but because of the animal autopsy results and discrepancies with what Shembo told police they got an arrest warrant. The results show that dog died of blunt force trauma - fractured rib, fractured liver, abdominal hemorrhage and that's only about half of the list. I talked to a high ranking team official last night, and he said that the Falcons got a phone call yesterday as Shembo was going out to practice. Now, they rounded everyone up.

[07:00:00] That phone call said he was probably going to be arrested within 24 to 48 hours. So, they got the owner, the G.M., the president on the line, they looked into the situation, made a swift decision.

Guys, we want to know what you think. Hit us up #NewDayCNN. Let us know your thoughts on this story.

PAUL: My goodness. All right. Hey, Coy, thank you. Thank you so much.

WIRE: You're welcome. You're welcome.

PAUL: Appreciate it.

Much more news for you this morning.

BLACKWELL: Next hour of your NEW DAY starts right now.