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Cop Killer Manhunt; Official Still in Jail for not Allowing Same-Sex Marriages; Thousands of Refugees Arrive at Austrian Border; Clintons Paid State Department Staffer To Maintain Server; Officials Confirm Part Is From Missing Plane; Remote Aircraft Interrupts Play In New York. Aired 11a-12p ET

Aired September 05, 2015 - 11:00   ET

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

[10:59:50] TOM PEYTON, NFL PLAYER: Tom and I -- we've had a good friendship throughout our careers and we'll continue to have a good friendship long after we play. So I really didn't give it a whole lot of attention.

(END VIDEO CLIP)

COY WIRE, CNN SPORTS: You can see more of Rachel's interview on CNN's pro football preview. She'll be hosting with Dan Marino. More special guests like Seahawks' coach Pete Carroll. Tomorrow at 3:30 Eastern right here on CNN.

CHRISTI PAUL, CNN ANCHOR: So cool. Thank you Coy.

WIRE: You're welcome.

PAUL: And thank you for keeping us company today. Make some great memories.

VICTOR BLACKWELL, CNN ANCHOR: Much more ahead in the next hour of CNN NEWSROOM. Let's turn it over to Martin Savidge, in for Fredricka today. Hey -- Martin.

MARTIN SAVIDGE, CNN ANCHOR: Good morning. Good to see all of you.

It is 11:00 in the East Coast. I'm Martin Savidge, in for Fredricka Whitfield who has the day off. NEWSROOM starts now.

Investigators are examining what they call a significant piece of evidence at the scene where a police officer was shot and killed this week and they say that they are close to identifying the suspects. So far police in Fox Lake, Illinois aren't giving any details about the evidence except that it was located by a person.

We're also learning that there's video evidence from several sources and that is now being combed through by several law enforcement agencies and they are looking for three men -- two whites and one black. They believe that they are connected to the shooting of Lieutenant Joe Gliniewicz.

Rosa Flores joins us now from Fox Lake. And Rosa, police say that they are close to identifying the suspects. What do we know? ROSA FLORES, CNN CORRESPONDENT: You know, people in this community,

Martin, are desperate for a better description of these suspects because right now all we have is a very vague description, two white males and a black male. Now that description comes from the last radio exchange between the Lieutenant Gliniewicz and dispatch.

And so authorities are hoping that these videos that you were talking about gives them a better picture of the suspects. Now, we know they have video of before and after the crime. They don't have video of the actual crime scene when the crime was happening so it's going take a lot of police work.

Right now those videos in the hands of the FBI. They are creating a video sequence, trying to piece it all together. Knowing that the main piece of that puzzle is still missing because they don't have video of the actual crime.

Now, again, it's very vague at this particular time who they are looking for or what they are looking for but this community, Marty, desperate for better direction for a picture of these cop killers.

SAVIDGE: And Rosa, I'm wondering it's a holiday weekend there, of course. That's a resort town. Are people fearful? Is there a lot of concern in the community.

FLORES: You know, thousands of people are expected to descend on this community this weekend. And let me tell you something, there's a lot of summer homes here and so police are prepping for this. They are expecting people to come in to their homes for the first time after weeks, perhaps months. And so they know that people could come into these homes or even their boats and could see something suspicious so authorities have agents ready to respond just in case there's a tip this weekend -- Marty.

SAVIDGE: Let's hope they get a big break through. Thank you very much -- Rosa Flores.

Jonathan Gilliam joins me now. He is a former FBI special agent and former air marshal. I know there appear to be no witnesses to the officer shooting and now police are talking about video evidence from multiple locations that their combing. I guess my question to you is if this video is out there why would they not or why are they waiting to release it?

JONATHAN GILLIAM, FORMER FBI SPECIAL AGENT: I mean that's a good question. I think that, you know, honestly I don't want to criticize these investigators too much but I would like to have known at least that the investigators looked at these videos before they sent them off to the FBI crime lab. The crime lab, though, is really good at getting these back in sequential order and handing them back to the city.

But the reality is if this is the only piece of evidence that they have, they need to get this turned around as fast as possible because of the imminent weekend that's now here with all these people that are going to be here and the fact, really, to tell you, Martin, that is thousands and thousands of eyes that know what's normal and what's not normal. They could be utilizing whenever they walk in. So I'd like to see also more contact with the public.

SAVIDGE: And that was my next question. You know, with so few clues it seems, at least on the surface to go on. How do you mount this kind of a search and what are some of the things that they're now -- doing right now to find these guys?

GILLIAM: Well, I'll tell you, searching door-to-door is going to be, you know, somewhat useful because they're going to be able to clear areas and know that nobody is there. But the reality is, I think, you know, querying sources, making sure that you know, anybody who know anybody who does things wrong, who may steal copper for instance from industrial areas, people who may have had warrants.

And anybody that sees anything a little bit strange or talks to somebody, I have a feeling that the potential is one of these people shot the cop and then yet two other guys that maybe didn't and they are going to come out and try to get a lawyer and cut a deal. That would be the best case scenario for everybody.

[11:05:11] SAVIDGE: Police say that they found the officer's gun near the scene and that it had been fired.

GILLIAN: Right.

SAVIDGE: But aren't we saying that -- we don't know who fired it. And I'm wondering, obviously, with your law enforcement background does that tell you something about what happened that morning?

GILLIAM: Well, I mean until they do the ballistics on the actual body we're not going to be able to tell if he was actually shot with his own weapon. But, unfortunately, this happens. I mean there are a number of officers killed in the line of duty that are shot with their own weapon because they are overpowered.

And you know, I really would like to see some of the things that we do in the military taken over to law enforcement like wearing lanyards that attach our weapon to our body so people can't just take them and run with them. I think that would be very useful in this situation.

But one thing about the weapon itself you would be very surprised how difficult it is to get a fingerprint off a gun. Unfortunately, I don't know if they are going get one. They might be able to get some DNA off of there but that might be it.

SAVIDGE: Jonathan Gilliam -- thank you very much. As always we're hopeful they will get a break very soon. Thanks.

GILLIAM: You got it.

SAVIDGE: All right. Ahead, a defiant Kentucky clerk still in jail for refusing to issue same-sex marriage licenses. Now she says the licenses that are being issued aren't valid.

Plus we'll have this story. Thousands of refugees who have walked hundreds of miles are finally arriving in Austria. What happens to them now? We'll talk about that next.

(COMMERCIAL BREAK)

[11:10:02] SAVIDGE: Welcome back. We want to bring you up to speed on our top stories.

The salmonella outbreak is linked to cucumbers grown in Mexico. It has killed one person in California but hundreds more have been sickened in 27 states. Arizona hardest hit with 66 reported cases. Children and the elderly are especially vulnerable. Cucumbers sold under the limited edition label are being voluntarily recalled.

The last person in the hazing death of Florida A&M University drum major that's Robert Champion has been sentenced. Caleb Jackson was given four years for his role. But Jackson, a former band member will be out in less than a year because of more than three years credit for time already served. Champion collapsed and died in Orlando in November of 2011 after being beaten during a hazing ritual on a bus.

And then New England Patriots quarterback Tom Brady went on Facebook in his first response to the judge's ruling throwing out his four game suspension. The league had levelled that punishment for his role in deflate gate. Brady said that he was quote, "sorry the league had to endure this" adding "to a large degree we have all lost." He thanked the judge and his fans for sticking by him as well as his teammates and other players all around the league.

All right. Kentucky clerk Kim Davis sitting in a jail cell today still refusing to issue marriage licenses to same-sex couples. The deputy clerks in the Rowan County office now issuing licenses but without Davis' signature her attorney says those licenses are void.

(BEGIN VIDEO CLIP)

What the issue here is she cannot issue a same-sex marriage license under her name and under her authority to authorize a marriage that is contrary to her Christian conviction. So she's asked for a simple accommodation and that accommodation has been requested by the other clerks of Kentucky, many of them, in fact a majority of them and that is remove their names and their authority from the certificate. So that it doesn't come from the authority and under the name of the clerk.

(END VIDEO CLIP)

SAVIDGE: A simple accommodation. It hardly seems like that. Let's talk about this. Joining me now CNN commentator and legal analyst Mel Robbins and CNN legal analyst and criminal defense attorney Danny Cevallos.

Mel let's start with you. What about the marriage licenses the deputy clerks now are giving out her attorney saying quote they are not worth the paper they are written on. So would they hold up if she doesn't approve them?

MEL ROBBINS, CNN COMMENTATOR: Of course they are going to hold up, Martin. Good afternoon to both of you, guys.

You know, I actually think it's really great in some regard that this case has dome light because the issues are so clear cut, Martin. When she was elected as an official, she became an agent of the government. They pay her, I read this morning $80,000 a year to be the county clerk. When you're an agent of the government, you have a job to do. And her job is to issue licenses.

And the mere fact she has a personal objection to those licenses do not deem them invalid. I'm sure there have been plenty of couples that have marched into Rowan County, Martin, whether they've been perhaps getting married for the fifth or sixth time or maybe they're too young or maybe she doesn't think they belong together where she personally had an opinion that they shouldn't be getting married.

But her opinion has no bearing on whether or not the certificate that's issued by the government under her office is valid or not -- Martin.

SAVIDGE: Danny, Davis' husband says that she's willing to sit in jail until the state allows her to keep her name off of the licenses. Can she really do that?

DANNY CEVALLOS, CNN LEGAL ANALYSTS: Well, that's an open question in many jurisdictions. She's being held not on a criminal charge but a civil contempt order for failure to follow a valid court order which is something people are jailed for across this country all the time. Often without due process or really even a hearing.

And the idea behind the judge being able to hold them sometimes indefinitely is that a contemnor, someone who is in contempt in theory holds the keys to their own jail cell. Meaning they can make Bayer or they can pay some amount owed or in this case start doing what the court order told her to do.

So the issue of how long contemnor can be held in jail is sort of an open one. In federal court it's capped at 18 months. Many other jurisdictions it's all over the place. And a people often spend years on contempt cases without having been charged with or convicted of a crime.

SAVIDGE: So Mel, what happens next? What do you see legally taking place here?

ROBBINS: Well, you know, she's becoming somewhat of a celebrity.

CEVALLOS: That part is true.

ROBBINS: And one of the things that I find astonishing -- seriously because here's the thing that's so fascinating to me. Your personal beliefs are covered by the First Amendment. If you're Hindu and you don't believe in eating meat and you're the county clerk. They can't force you to eat meat at the picnic for the office.

[11:15:02] However, your personal beliefs cannot interfere with you being an agent of the government and doing your job. There's a very simple solution. She can resign if she's unable and if she is unwilling to act in her capacity as an agent of the government. That is fully within her power. Or she can also step aside Martin as the judge requested and not interfere with issuing of licenses.

So I personally think that the ball is in her court. She could stay there indefinitely. And you know, as we also heard we have Jindal, we've got Huckabee talking about going to visit her. I mean this is absolutely nuts.

You've got people running for president who are turning her into a champion when she is breaking the law of the land. And so I think she's going sit in that jail as long as the cameras are outside and presidential contenders are lining up to visit her.

SAVIDGE: And the media comes to talk to her.

Danny, what do you think is going to be the end result? What's the end game?

CEVALLOS: The end result is almost certainly that Kim Davis loses. Let's even look at her establishment clause claim, the claim that the government is forcing her to do something in violation of her religious beliefs.

A court already decided that the order by the governor to issue same- sex marriage licenses was neutral as to religion. It is. It basically just says start issuing these licenses. It does not say don't issue to this religion or it doesn't disparage any religion at all. So for that reason her establishment clause claim, her religious objection will ultimately fail in court, although morally at least to herself she feels that it is a valid reason. It's highly unlikely that any court will ever on reviewing this find that her religious expression is being violated.

SAVIDGE: All right. Mel Robbins, Danny Cevallos. Mel, I don't often agree with you but I have to say on this one --

ROBBINS: You know.

CEVALLOS: What about me -- Marty.

SAVIDGE: Danny I'm with you about 50 percent of the time.

It's great to see you both. Thank you for adding to the conversation this morning. We'll talk to you again.

Coming up thousands of people fleeing war-torn Syria and other places. They are arriving in Austria. The dangerous trek they are making that could end in more heartache. We're going to take you there live.

(COMMERCIAL BREAK)

SAVIDGE: Let's go overseas now where thousands of refugees, some fleeing war-torn countries have finally arrived at the Austrian border. Families walked up to nine hours on a highway from Budapest on Friday. They began this trek after the Hungarian government stopped a train bound for Austrian. Overnight the government deployed a fleet of buses to take them to the border.

The exodus of refugees is expected to continue, most seeking asylum in Germany. The United Nations is desperate now to find a solution. The U.S. one of the countries helping will most likely take in at least 3,000 Syrian refugees by the end of this month. That is according to the State Department spokesman, John Kirby.

Joining me now is CNN's Fred Pleitgen who is at the border where the refugees continue to arrive. And Fred is the Austrian government there providing any shelter or supplies for these refugees?

FREDERIK PLEITGEN, CNN CORRESPONDENT: Yes, they certainly are. I mean it really is a heartening scene here. Martin -- I'm actually seeing a bus that came directly from the border between Austria and Hungary just now with people getting off. It really is a heartening scene.

What happened when the people here in this Austrian town of Nickelsdorf found out that a lot of refugees would be coming here, there was a massive donation drive. Right now there is a huge amount of food, there's a huge amount of clothing that's being donated. There's a huge amount of medical facilities that they have here.

And the interesting thing is every time one of these buses with these refugees arrive, the local population of this little town called Nickelsdorf start applauding them. Starts applauding and welcome them when they come off the buses.

And you know, one of the things I think that's most important to these people who's made such a treacherous, such horrible journey in many cases, for them to come down here and find people who welcome them with a smile and who are there for them. I think that's really what the people in this Austria town are trying to do. And then they try to put them on trains as fast as possible because, you know, many of these people want to continue to other parts of Austria but even more want to go on to Germany -- Martin.

SAVIDGE: That's the next question. Why Germany? What is it that's the strong appeal for them to get to Germany?

PLEITGEN: Well, you know, I think for several explanations for that. A lot of people obviously heard a lot about Germany. They heard about German cars even if they were from Syria they heard about the very big Germany economy. Many people have a favorable opinion of Germany to begin with.

And then, of course, is the whole political situation that's been unfolding here in the European Union where you had some countries who have been very restrictive on the amount of refugees they allow in. But then you have other countries who have seen this more as a humanitarian issue. And certainly some of the remarks that the German chancellor, Angela Merkel had made in the past couple of days saying that no Syrian in Germany would be sent back, for instance. That's something that has caused a lot of people to want to come to Germany.

So it's the economic situation on one hand, a generally favorable opinion on the other. But also just the fact that they believe they have a chance to actually stay in Germany and start a new life there. And that's one thing that really causes a lot of them to want to come there and been allowing Germany over the past couple of days in Munich and other places and the facilities there to welcome the refugees really are very, very good -- Martin.

SAVIDGE: And why is Germany doing this?

PLEITGEN: Well, I think there's a real change in public opinion. It's really interesting you asked that question because I think that the public opinion in Germany has shifted great deal, you know, when this whole crisis began, the government in Germany and Angela Merkel were really criticized for not acting fast enough.

Then what you had, you had some demonstrations against refugees, you had some very nasty torching of asylums seeking shelters. And you could really feel that the majority of the different populations were actually disgusted with that and started protesting against that. And there was a real wave of solidarity with the migrants that were coming.

You know, there's many people who say that it was Angela Merkel who is explaining all this to the politicians but it seems to me more like it was the German population that was making Angela Merkel change her stance and really become more welcoming to these refugees. You saw it at the soccer stadium, you saw it in many other places that people are really friendly and welcoming to the refugees coming to that country.

SAVIDGE: That's why it's good to have you there, Fred, to get that kind of insight. Fred Pleitgen -- thank you very much.

In Jordan another country that's trying to assist in this refugee crisis more than 200,000 Syrians have stopped receiving food vouchers from the World Food Program. Their funding has just simply run out. Text messages were sent to all recipients. Program said in a statement that "while donors have given unprecedented amounts of the extent of this refugee crisis is just unlike any other. In other words, not enough money for too many people.

And the young Syrian boy who has become the symbolic face of the refugee crisis in Europe was laid to rest yesterday. We'll warn you that the image you're about to see is very disturbing. Two-year-old boy Alian Kurdi (ph) was found face down on a Turkish beach. He drowned at sea while crossing the Mediterranean with his family. Yesterday his body was brought back to his native home of Kobani, Syria where he was buried with his older brother and his mother.

For a list of ways that you can help those who have been affected by this crisis, visit our Web site CNN.com/impact.

(COMMERCIAL BREAK)

[11:29:56] SAVIDGE: Happening now in the newsroom.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: You know I was not thinking a lot.

(END VIDEO CLIP)

SAVIDGE: That was Hillary Clinton's attempt at clearing the air about the private e-mail server. I'm not sure that's going to help restart her campaign. We're going to talk about it. Then there is this. The wing -- it's officially from NH370. That missing plane.

What are they taking --

MARTIN SAVIDGE, CNN GUEST ANCHOR: -- clearing the air about the private e-mail server. I'm not sure that's going to help her campaign. We'll talk about it.

Then there is this, the wing. It's officially from MH-370 that missing plane. So why did it take investigators this long to finally connect the two? Does this really help us solve the mystery of what happened?

And then a drone to drops from the sky disrupting a tennis match at the U.S. Open, how this wasn't the first time an illegal flying device crashed at a sporting event. What's being done about it?

Good morning. Thanks for joining me. I'm Martin Savidge in for Fredricka Whitfield. Hillary Clinton stumping for votes in New Hampshire. You're looking now at live pictures from Portsmouth. You would have. Here it is.

But again it is her e-mail problem that seems to be making the headlines. A campaign aid say that Bill and Hillary Clinton personally paid a State Department staffer to maintain the private e- mail server Clinton used while secretary of state, which was first reported by "The Washington Post."

So let's bring in Sunlen Serfaty at the Clinton event in New Hampshire. What do we know more about this, Sunlen?

SUNLEN SERFATY, CNN NATIONAL CORRESPONDENT: Martin, this is certainly a new and interesting wrinkle in the broader controversy. The Clinton campaign confirming to CNN that Hillary and Bill Clinton did indeed pay out of their own pocket a State Department employee, Bryan Pagliano, to set up, to install, and maintain that private e-mail server.

So this means that at the same time he was working at the State Department he was also working on the side for them and it certainly does speak, of course, the issue of control that really has been at the epicenter of this controversy because it is such an unusual set up there.

Now Pagliano, he indicated this week that he will plead the Fifth when he's called before Capitol Hill to testify over his involvement in this private e-mail server and comes also as Clinton has really been out in more defense.

Defending her use of the server saying that she believes that there was nothing wrong with it, that certainly she wouldn't have done it the same, but saying that she did not necessarily believe that at the time and she certainly said this in the interview that no one flagged this as a concern. Here's what she said yesterday in an interview with NBC.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: You know, I was not thinking a lot when I got in. There was so much work to be done opinion we had so many problems around the world. I didn't really stop and think what kind of e-mail system will there be.

(END VIDEO CLIP)

SERFATY: This certainly follows her here to New Hampshire this controversy. So today she really will try to change the subject not only away from her e-mails, but also to take some attention away from Senator Bernie Sanders, who has been making big gains and garnering lots of people at his campaign events. So today she will try to reset and re-still some of the attention -- Martin.

SAVIDGE: Sunlen Serfaty, thank you very much. We'll monitor that Clinton event and we will bring you the very latest throughout the day right here on CNN. Thanks again.

OK, let's bring in our political panel to talk about this. Joining me are Democratic strategist, Nomiki Konst in New York, and also Republican strategist, Gianno Caldwell. He is in Washington.

You know, let's listen first to a bit of what Clinton said about her e-mail practices. She declined to apologize but said that she is sorry for what she called the confusion about them. Let's listen.

(BEGIN VIDEO CLIP)

CLINTON: I am sorry that this has been confusing to people and has raised a lot of questions, but there are answers to all these questions and I will continue to provide those answers, and those answers have been confirmed and affirmed by the State Department and by other government officials.

And eventually I'll get to testify in public and I'm sure it will be a long and grueling time there, but all the questions will be answered and I take responsibility and it wasn't the best choice.

(END VIDEO CLIP)

SAVIDGE: It seems to be just, Nomiki, a drip, drip, drip of bad news for her campaign and I'm wondering is it possible she can move past it? Can she get beyond this?

NOMIKI KONST, DEMOCRATIC STRATEGIST: It will be tough. She can spend all the money she wants on ads in Iowa and New Hampshire, but the problem here is that we have an empathy gap in the Democratic Party. You have Bernie Sanders who doesn't that have money she has, who is using social media and his own form of organizing to gain this momentum.

And she has all the money but she is missing the one thing that the Democratic Party needs and that's leadership. She's missing empathy. At every interview she has is an opportunity for her to connect with people, to appear more human, to say you know what it was probably a bad decision.

I don't think we broke any laws. We know that this was OK. She can defend all the lawyerly stuff and still appear human. Right now she's just being defensive. I think part of that problem as we saw in her emails is she's surrounded by people who just agree with her.

[11:35:05] There is yes ma'am syndrome here. That's how a really small bad idea can grow into a catastrophic terrible idea and throw down a campaign.

SAVIDGE: Well, Gianno, Clinton testifies in Benghazi in October. How much of a distraction will that be? Because to me that seems like it will be a huge opportunity for the Republicans to really begin to nail her on trustworthiness.

GIANNO CALDWELL, REPUBLICAN STRATEGIST: That's a great question. I tell you where there's smoke there's fire. This Hillary Clinton e- mail scandal is a 12 alarm blaze without question. Secretary Clinton was aware of the rules that govern emails in the State Department because those rules have been in place since 2005.

In addition to that there's training that goes on for State Department employees who come in, that are either hired or appointed and obviously she didn't follow those rules.

The Benghazi Committee which is led by staff director has found out a number of different elements with regard to the scandal. Many issues that the Clinton campaign has denied right outfront.

What people aren't mentioning when it comes to these government agencies like the Justice Department or Benghazi Committee they inform the Clinton campaign ahead of time before they make their revelations available and then Hillary Clinton goes out and says, I just want to tell the American people that I made x, y mistakes.

When she's actually being dishonest because she knew this information beforehand she just wanted to get out there before these things came to light. This will be extremely distraction for her campaign.

And I actually agree with Nomiki given the fact that she hasn't been honest and it appears as though she will don't run her campaign this way will allow other contenders like Senator Bernie Sanders as well as Joe Biden if he chooses to announce, which I believe that he will to get out there and really take the limelight because people are not trusting her at this point.

SAVIDGE: Nomiki, let me ask you this, it never helps when you got an aide or a former associate who says they are going to take the Fifth, and that's what has come forward now and that's what's sticking in people's minds.

KONST: This is also why Hillary's campaign is frustrated because I don't like to use this overused term, but it's the optics, it's how it looks. He has every right to plead the Fifth. He might have made the right decision. This is an I.T. guy. This isn't a campaign strategist.

This is somebody who is hired and loyal to the Clinton, but you know, again, he wasn't the guy making the big decisions. The Clinton campaign should be frustrated because he might go before the committee and answer things and fully abide by the law.

But he's ruining his life having to go before the committee, his future and it doesn't look good for the Clinton campaign.

CALDWELL: And one thing --

SAVIDGE: Go ahead but make it quick please.

CALDWELL: There was an ambassador, an ambassador to Kenya who got pushed out of the State Department for the exact same issue that Hillary Clinton is being accused of. So that's a double standard in and of itself.

SAVIDGE: Nomiki Konst and Gianno Caldwell, it was a pleasure. Thank you very much. We'll be talking about this again. So we'll continue after a while.

Let's move on now. Just a reminder that CNN is hosting the next presidential debate, the top Republican candidates will face off on September 16th. In October, CNN will host the first Democratic debates. Stick with CNN for the very latest on the race for the White House. As I said a lot still to come.

(COMMERCIAL BREAK)

[11:42:04]

SAVIDGE: French investigators made it official a piece of a plane that was found on an island in the Indian Ocean is from the Malaysia missing airline. The Paris prosecutor said that a part of the airplane wing that's called a flaperon found in July is from MH370. Shortly after the part was found, Malaysian officials also said they believed it was from the plane.

I want to bring in Mary Schiavo. She is a CNN aviation analyst and a former inspector general at the U.S. Department of Transportation.

After this part was found on the shore we had Malaysian officials weighing in. It took the French a number of weeks to finally come forward and apparently talked to Spanish investigators they were brought in.

And they have now determined it is from the aircraft, which I think we all actually almost believed with certainty that they can say so now apparently through documents. Let me ask you this, Mary, I'm confused. Who is in charge of figuring out what happened to this plane?

MARY SCHIAVO, CNN AVIATION ANALYST: Martin, that is an excellent question because who is in charge is technically the Malaysian officials. They delegated the responsibility to search to Australians and people have been happy with their diligence and efforts.

But when the part washed up on the shore of French territory then the French claimed they had authority to get into the investigation. They could have referred the part back and allow the investigation to remain with those already involved in the investigation.

But they used the fact that there were four citizens on board to then take control of at least this part of the investigation. They do have the right to do that. But it also means there are way too many cooks in this stew.

SAVIDGE: It seems that way. Let's look at the flaperon itself. Does it give us any clues or tell us anything as to what may have happened?

SCHIAVO: Well, the answer is it can. I know it sounds a real legalese answer. It can. They did put the fiber optic inside the piece of the part and determined the serial numbers. That could have been done almost immediately.

That equipment is on hand at almost every aviation crash investigation lab, but they finally confirmed that. At this point having confirmed it, now the really hard science can take over.

They have a lot of places they can look for clues just on that small flaperon, the marine life to identify if it's possible what part of the Indian Ocean it really was in for so many months, for a year and a half.

They can look at that part with now testing, they can look for any patterns of scratches or things that might have happened to it on its way down or in the crash sequence they can analyze it for explosives, fire, et cetera and they really will have to comb every square micron of it because it's all that they have.

SAVIDGE: The fact that the flaperon is the only piece we know of so far does that suggest to you any kind of scenario?

SCHIAVO: Well, it can. Again, I hate to hedge my words so carefully, but you know, because the flaperon is a part that could have become detached in the crash sequence as it was coming to earth, there could have been a lot of stresses put on it.

[11:45:07] And it had an air wings directive, a warning that the attachment points on this particular flaperon were weak. It was attached with an actuator assembly and in the United States, it had to be replaced. Those laws don't apply to Malaysia.

It could have come off in that way. They will be able to analyze that better. Trailing edge was very beat up. That could have happened in the ocean and washing back and forth on the shore. The attachment points could give it a clue to see if it came off as it was crashing to the earth.

SAVIDGE: Some have suggested the fact that you have this relatively large piece, over 6 feet it was a soft landing on water not necessarily survivable. Do you buy into that?

SCHIAVO: Not necessarily, no. I think if they look and once they start doing this and remember the French investigations can be very slow, the BEA is well qualified, but some of their investigations take three years, ten years.

The concord investigation took about ten years before it was finally went to court. So it can be a long haul, but the attachment points might be the clue as to what they find, if they can find anything left, any evidence left after this long in the water.

And also if they are fortunate enough to find anything else amiss on that part any kind of residue at hall, pitting, burning, scorching that might help as well.

SAVIDGE: Mary Schiavo, I can talk to you all day about this. Unfortunately they won't let me. Thank you. We'll continue another time.

Drama and suspense during the U.S. Open, we're talking about another flying object this time a drone that disrupts a tennis match. But would you believe this isn't the first time a drone got too close to a major sporting event?

(COMMERCIAL BREAK)

[11:51:02]

SAVIDGE: Three down four to go for Serena Williams. The world's top tennis player is one step closer to grand slam history.

Williams competed with fellow American Sams on Friday's U.S. Open, but not before losing the first set. Sunday Williams takes on American Madison Keys. The 33-year-old hopes to become the first tennis player in 27 years to win all four grand slam tournaments in the very same season.

OK, meantime another type of action off the court caused a disruption during the U.S. Open match this week. A drone hovering above crashed into the stands.

Besides causing a stir and interrupting the action, the issue of drones in public spaces is once again raising questions of limits and safety. We get more now from CNN's Rene Marsh.

(BEGIN VIDEOTAPE) RENE MARSH, CNN AVIATION AND GOVERNMENT REGULATION CORRESPONDENT (voice-over): A U.S. Open match came to a sudden halt, the action interrupted with a crash.

UNIDENTIFIED MALE: It seems as if that fell from somewhere.

MARSH: Broadcasters confused as security and police race to the stands.

UNIDENTIFIED MALE: We have a moment here where we're not certain as to what it is that landed in the stands where it fell from above or left from behind, a projectile or a drone like device.

MARSH: It was a small black drone flying into the stadium that crashed into an empty section of seats.

UNIDENTIFIED MALE: People are trying this at airports. They are doing it at major sporting events and fortunately this time there wasn't a hazard but what happens next time.

MARSH: Police say 26-year-old Daniel Verley (ph), a New York City school teacher flew the drone from outside the arena. He was arrested on charges including reckless endangerment and reckless operation of a drone. After a short delay, the match continued.

This is not the first time a drone has gotten too close to a major sporting event. In 2013, this drone hit a crowd of spectators at the running of the bulls event at the Virginia Motor Sports Park.

UNIDENTIFIED MALE: It just hit a dude in the face.

MARSH: This drone disrupted a soccer match between Albania and Serbia. The U.S. Open is just minutes away from LaGuardia Airport, one of the many airports around the nation that have seen a spike in close encounters between planes and drones.

UNIDENTIFIED MALE: Look at that guy.

UNIDENTIFIED PILOT: Yes, we were on the final one about 800 or 900 feet and the altitude 100 feet below us was a drone.

UNIDENTIFIED MALE: What happens when they put an illegal substance on one of those drones, a powdery substance, a contaminant or even God help us explosives?

MARSH: This latest drone scare is another example of the challenge in keeping this technology out of restricted air space.

(END VIDEOTAPE)

MARSH: Well, no one was injured in this latest incident, but there was a similar situation at New York Shea Stadium in 1979. A model aircraft plunged into the stands. One person was killed. That's the worst case scenario law enforcement trying to go get a handle on this technology want to avoid. Rene Marsh, CNN, Washington. SAVIDGE: Drones aren't the only things that can be disruptive so can laser pointers. Coming up, we'll show how one person shining lasers at airplanes was tracked down and arrested.

Then authorities zero in on El Chapo. You won't believe how the notorious drug lord who is on the run may have been spotted.

(COMMERCIAL BREAK)

[11:58:24]

SAVIDGE: You know how your mom told you it was never polite to point? That's especially true if you got a laser in your hands. The Los Angeles County Sheriff's Department arrested and charged a 27-year-old man with pointing a laser at an aircraft.

That is on Thursday night. The pilot of a commercial airliner reported the incident. Police say that someone also pointed a laser at a patrol airplane sent to investigate. The air patrol directed officers to a neighborhood where sheriff's deputies found and arrested the suspect.

In Winnsboro, Louisiana a local high school football player at Franklin Parish High School has died from injuries while playing in a game last night. According to the coroner's office, Tyrell Cameron died shortly after being transported to Franklin Medical Center. His school tweeted this, "Tyrell will live on in the memory of those who loved him. Prayers for his family."

And in Arizona access to the river raft launch near Glenn Canyon Dam remains closed today. Authorities an estimated 500,000-pound rock slab is loss and can fall from the canyon wall to the river below. They're working with rock scaling crews to install bolts to hold that in place. Good idea.

Happening now in the NEWSROOM, a growing crisis in Europe, families walking for hours trying to reach safety after buses and trains are stopped. The refugees question to the world, where are you?

Plus did escape drug kingpin El Chapo give away his location. What we're learning about a picture his son posted on Twitter.

And a Kentucky clerk said she will stay in jail for as long as it takes after refusing to approve same-sex marriage licenses.