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NEW DAY SATURDAY

Three Dead As Israeli-Palestinian Tensions Escalate; Jeb Bush: Trump "Pathetic" For 9/11 Remarks; U.S., Russia Closer to Agreement to Avoid Midair Collisions in Syria; Hillary Clinton Leads Sanders in Latest New Hampshire Poll; New Details of Fatal Beating Inside a Church. Aired 6-7a ET.

Aired October 17, 2015 - 06:00   ET

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


(COMMERCIAL BREAK)

VICTOR BLACKWELL, CNN ANCHOR: New this morning, details from the Oregon college massacre. For the first time, we're hearing what happened from the army veteran being called a hero. He tells the story of how he saved others.

CHRISTI PAUL, CNN ANCHOR: And overnight the Twitter fight between Donald Trump and Jeb Bush intensified. This morning, both candidates are facing backlash for comments Trump made about George Bush and the 9/11 terrorist attack.

BLACKWELL: Heavy rain in California leads to this.

(VIDEO CLIP)

BLACKWELL: A woman is trapped in her car when a mudslide hits, but she manages to take amazing video of the scary ordeal.

Good morning. We are beginning breaking news, three violent attacks in Israel in the west bank. You are looking at the after math in one Jerusalem neighborhood. These attacks come after a day that a militant Islamist group, Hamas, called for a day of rage.

PAUL: We are always so grateful to have your company. Good morning to you. I'm Christi Paul.

BLACKWELL: I'm Victor Blackwell. Good to be with you.

PAUL: Yes, we want to get straight to this breaking news with you. This morning, three Palestinians have been killed in three separate incidents now. Israeli authorities saying one tried the stab a Jewish civilian.

Two others, they say, tried to stab Israeli border police in Jerusalem and Hebron in the west bank. Video you are looking at here is from that scene and, obviously, all attackers were killed.

We want to go live to CNN international correspondent, Phil Black in Hebron where two of today's attacks took place. Phil, what are you learning at this hour? PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: So Christi, we are in Hebron in the West Bank as you say, it is a Palestinian town, with a small Jewish settlement here. So Jews and Palestinians living in close proximity, a frequent site of violence and clashes.

But what we've seen here today has been a repeat of recent cycle of violence that has been happening here. We had attempted knife attacks by Palestinians against Israeli Jews. That has been met with lethal force.

That has been triggered wider broader street clashes, which is what is taking place here. We will zoom into the Israeli force position there.

You could see armored vehicles, Israeli forces. They are firing tear gas frequently up the road towards Palestinians, who are lobbing rocks in their direction. It's a relatively tense scene.

What's making this more tense and certainly from the point of view of the Israeli soldiers here the recent attacks specifically, specifically one yesterday where a Palestinian, who was said to be dressed as a press photographer lunged at and tried to stab one of the soldiers on the west bank yesterday.

What that means and these soldiers have told us is that they are nervous around journalists like us a few moments ago. One walked to a fairly close distance and lobbed a grenade with press markings all over. It's a sign of nervousness towards the press, towards the media.

But it is an extension of the violence we have been seeing here. Specifically in Hebron this morning, there was a Palestinian man shot by a Jewish settler, says, according to Israeli forces that he was lunged at.

But the Palestinian man tried to stab him and then in another incident at a police station or base, a woman is said to have lunged at a knife at a police woman there, she was also shot -- Christi.

PAUL: All right, Phil Black, we see you there, we appreciate it. Please take good care of your crew there.

Let's talk to David, a former official with the State Department and the United Nations. David, thank you so much for being with us.

I want to get to what Phil was talking about there, these knife attacks, some seem to be lone wolf attacks, how capable is Israel of dealing with these so-called lone wolves and is that what they are?

[06:05:06] DAVID TAFURI, FORMER U.N. OFFICIAL: Well, it's not entirely clear, it may have started that way, but certainly the Hamas militants are encouraging as many Palestinian supporters as they can to engage in similar attacks.

This is being called the intifada of knives. It's creating lot of tension as the last report suggested. There is likely going to be more violence. Certainly, Israeli is capable of dealing with this.

But one of the things that is very difficult is that Israeli has a Palestinian population. They don't know who among the population may participate in these types of attacks.

So you saw President Obama urging both sides to calm their supporters down the administration is really hoping that this situation resolves itself.

The U.S. cannot afford another crisis in the Middle East, especially in Syria, Iraq, and Turkey are beginning to boil over, but we will see what happens. I expect there will be more violence before this is resolved.

PAUL: OK, we know that Secretary John Kerry is set to meet with Benjamin Netanyahu next week. He's also talked to Palestinian President Mahmoud Abbas, and King Abdullah of Jordan.

Let's listen to Aaron David Miller, he's with the Woodrow International Center about U.S. attempts to mediate this crisis.

(BEGIN VIDEO CLIP)

AARON DAVID MILLER, WOODROW INTERNATIONAL CENTER: The leadership required to take the risks on Israeli and Palestinian side isn't there the ownership required to invest Israelis and Palestinians isn't there, and frankly, I'm not sure we have the will and skill in Washington to serve as effective brokers and mediators.

(END VIDEO CLIP)

PAUL: Do you agree with that? Does Washington, President Obama, Secretary Kerry have what it takes to revive the peace process in any significant form?

TAFURI: They have the leadership capabilities and they have in some ways their respect of both sides although they have a tense relationship with both sides as well. But so far, you know as he suggested, we haven't seen that capability demonstrated in results.

It's going to take a lot of engagement. It's good that Secretary Kerry is saying he is going to be engaged. He's set up some meetings, but it's really going to take a lot of commitment.

And not just from the secretary, but from the president. As I mentioned earlier, it comes at a time when the president also has to focus on some very substantial crises in other parts of the Middle East.

PAUL: All right. David Tafuri, thank you so much for being with us. By the way, David will be with us back a little later this hour for more conversation.

BLACKWELL: We also want to give you this startling new account of the campus massacre at the Umpqua Community College in Oregon. For the first time, Chris Mints, he is the man who is being called a hero for running towards the danger and warning his fellow students about this gunman, he is sharing his story.

This is through a Facebook post. It describes how this normal day in class descended into chaos and in the moment he came face-to- face with the gunman. Nick Valencia is following this story for us. Nick, we are learning some new details here.

NICK VALENCIA, CNN CORRESPONDENT: Good morning, Victor. It's a stunning account from Chris Mints, the U.S. army veteran, who many credit with helping stop that UCC Oregon gunman. Chris Mints, for the first time speaking in his own words, giving his account of what happened that day.

It's slightly different from what we have been hearing. He starts out with a Facebook post saying that it started out as a normal day. He joked he thought he was going to skip class. He was talked out of it by his classmate.

He says he was in class joking around with his teacher. That's when he heard the gunfire. He starts by saying gunshots sound like firecrackers going off. A counselor kept screaming, that someone needed to tell the people in the library and told her I'd do it.

He goes on to say, the shooter opened the classroom door besides the door to my left. He leaned half of his torso out and started shooting as I turned towards him. He was so nonchalant as if he was playing a videogame and showed no emotion.

It was a very lengthy post. We are showing you parts of this we will have a more lengthy report next hour. He talked about how this was not about politics or publicity. He apologized saying if this post affects anyone negatively or the victims of this shooting, he apologized for that.

He says, Victor, he was shot five times, once in the leg, right leg, left leg, abdomen, the top of the shoulder, almost came close to his heart and his left finger. He says the lingering question is why he was not shot again.

BLACKWELL: It's a miracle that he survived. We will look forward to more details coming up next hour. Nick, thank you so much.

PAUL: Thank you, Nick.

All right, an ugly Twitter fight between Donald Trump and Jeb Bush. It intensifies overnight. What they're both saying about George Bush and the 9/11 terrorist attacks. Why are they both getting backlash this morning?

[06:10:03] BLACKWELL: Plus, overnight, a change in Lamar Odom's condition after being unconscious for three days. Ahead, a status update, an analysis of the legal rights his estranged wife, Khloe Kardashian has to his estate.

PAUL: Also just a remarkable video. That is a mudslide in California. The video was taken from inside a car by a woman who was trapped. (COMMERCIAL BREAK)

BLACKWELL: It's 13 minutes after the hour now. Donald Trump and Jeb Bush are each on the attack again. This time the Republican frontrunner took shots at President George W. Bush's record on 9/11. First listen to this exchange during the Bloomberg interview.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: When you talk about George Bush, I mean, say what you want, the World Trade Center came down during his time.

UNIDENTIFIED FEMALE: Hold on, you can't blame George Bush for that.

TRUMP: He was president, OK. Don't blame him, don't blame him, but he was president. The World Trade Center came down during his reign.

(END VIDEO CLIP)

BLACKWELL: So Jeb Bush then fired back with this tweet, "How pathetic for Donald Trump to criticize the president for 9/11? We were attacked and my brother kept us safe.

Meantime, Trump was asked by CNN's MJ Lee about his comments after an event in Massachusetts. Watch this, something maybe you have never seen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Mr. Trump, can you clarify, do you think that 9/11 was President Bush's fault?

UNIDENTIFIED MALE: Maybe at fault.

UNIDENTIFIED FEMALE: Can I get your comments about 9/11?

(END VIDEO CLIP)

[06:15:00] BLACKWELL: Yes, he hears the question and walks away. Trump avoids CNN's questions then went to Twitter to write this, @jebbush, "At the debate you said your brother kept us safe. I wanted to be nice and did not mention the World Trade Center came down during his watch, 9/11."

Trump wasn't done tweeting, then he wrote, "No, @jebbush, you're pathetic for saying that nothing happened during your brother's term when the World Trade Center was attacked and came down."

Let's talk about this back and forth. We have "Daily Beast" columnist, Patricia Murphy, with us. Thanks for being with us this morning.

First, let's talk about the basics here. Why is it acceptable for Jeb Bush to use as part of his campaign that his brother kept us safe, but unacceptable for Trump to state accurately that 9/11 happened during his watch, just the basic rules?

PATRICIA MURPHY, COLUMNIST, "THE DAILY BEAST": It's not that it's unacceptable for Donald Trump to say that, it's acceptable for Trump to say anything. Question is whether it's good politics for him to say. That saying that George Bush didn't handle Iraq well is something that most Republicans are on board with.

They are ready to criticize George Bush for what happened in Iraq and to some extent what happened in Afghanistan. You'll hear very few Republicans actually blame George Bush or even connect him with any level of responsibility to 9/11 because he had been in office for about nine none when it happened.

So that is something that you will hear very, very loyal Democrats say. I never heard a Republican say that. So I think for Trump, he can say whatever he wants. Whether it's good politics, we will have to see what the fallout is for him.

BLACKWELL: Something we never heard, silence from Donald Trump. I mean, he hears the question, he makes eye contact, and twice he walks away.

MURPHY: He walks away and we have not seen any sort of follow-up really from him or from his camp to walk those back whole lot. He is basically saying I said what I said. I have meant it, but I have never seen him lean in. I think I'm not going to answer that question.

It looked like he knew he needed to wrap his head around what he said and figure out how to either restate or take it back to make Republican voters a little bit more comfortable with what he's said. I don't think he's gotten there yet.

BLACKWELL: What do you make of the pushback from Jeb Bush?

MURPHY: I'm not all surprised about the push back from Jeb Bush when he said my brother kept us safe, that was the biggest applause line among that Republican audience and many Republicans do feel like George Bush kept them safe.

Looking back at his entire term, I was in D.C. at the time, expected more and more attacks, it did not happen on a large scale. So to a certain extent, post-Republicans and some other people told us, yes, George Bush kept us safe.

BLACKWELL: Let's talk about the Democrats because after what many believe most believe was a strong performance from former Secretary of State Hillary Clinton, the lead that Bernie Sanders had in New Hampshire in the latest poll has dissolved. They are now head-to- head. Is there about her performance or the weakness in what Bernie Sanders enjoyed?

MURPHY: You know, I think there is a third dynamic going on there. If you look at those numbers, there has been a 14-point swing and Hillary Clinton's favor buried within that is a significant decrease in support for the idea of Joe Biden running for president. So he was at about 18 points two weeks ago. He is down to 11

points in this poll. So I think she is drawing support away from both Bernie Sanders and from people who are holding up on the door for Joe Biden.

That's not to say that rates will not continue to change. I mean, in 2007, Herman Cain was in the lead for this exact date eight years ago. So a lot can happen.

But this is absolutely the swing that Hillary Clinton and her supporters needed to see to know OK, we're starting to solidify support especially in New Hampshire where she's going to win in New Hampshire.

BLACKWELL: Yes, New Hampshire really pulled it out for her in 2008. We'll see if that happens now. We are expecting sources tell CNN that Joe Biden could make an announcement in the next couple of days if he's going to run.

We will continue to talk about that and the calendar that he is facing in the couple of weeks. Patricia Murphy, good to have you.

MURPHY: Thank you. It's great to see you.

BLACKWELL: Be sure to stick with CNN as we follow the 2016 candidates throughout the weekend. The White House hopefuls making stops in key states, Iowa, New Hampshire.

Of course, Vice President Joe Biden set to attend an event tonight in New York. We'll have more on the VP's decision, which could happen in the next couple of days -- Christi.

PAUL: You know, a California woman is trapped in the car during this heavy mudslide and she's able to record it from inside that vehicle. We will show you more of this next. It's just riveting.

Plus, new details of the elusive drug king pin, El Chapo, why authorities say he may have been injured after breaking out of prison and wondering if they are any closer to finding him?

(COMMERCIAL BREAK)

[06:23:24]

(VIDEO CLIP)

BLACKWELL: Unbelievable, a terrifying scene here in Southern California. The northbound part of I-5 has now reopened. Look at this. We're talking about some major mudslides here and flooding. Drivers like that woman trapped in cars.

Some since Thursday as hail and boulders pounded the region. The clean-up crews used street sweepers to clear some of the roads. Again, not everything is back to normal and the southern lanes of I-5 are still closed.

It is unclear how many people are still stuck on the highway, so many days later. We'll have much more on this story throughout the morning.

PAUL: Good heavens. The drug king pin better known as El Chapo was injured while evading authorities. This is according to officials who say they launched an operation to recapture him based on intelligence that they received.

Now he did get away, but they say he got away, not before sustaining injury to his face and to at least one leg. He broke out of prison in July. He's been on the run ever since.

BLACKWELL: Let's go to Maine where a two-year search for a missing hiker may now be over because officials say they're confident that bones and clothing found Wednesday in Redding Township about two hours away from Augusta belonged to Geraldine Longay.

She disappeared while hiking the Appalachian Trail in July of 2013. The identity of the remains and the type of death will be confirmed by a medical examiner. Thus far no foul play is expected.

[06:25:06] PAUL: Will the U.S. and Russia reach an agreement on avoiding clashes in the sides over Syria. We have a live report for you.

BLACKWELL: Plus, Hillary Clinton sits down with CNN's Jake Tapper to answers questions about Benghazi, Biden's possible presidential run, and the latest polls. Exclusive interviews straight ahead.

PAUL: First CNN has announced the Top Ten Heroes of 2015, one of them is a pastor in North Carolina, who created this healthy community garden because the nearest grocery store is 10 miles away. Meet Reverend Richard Joyner.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: So our mindset says we approved, we are chronically ill, we're dying, and then we found out that growing food caused us to work together. So it gave us the opportunity to create something that united us and we can feel good about.

(END VIDEO CLIP)

PAUL: Reverend Richard Joyner's garden produces 50,000 pounds of fresh food a year. Wow, go to CNN.com. Check out the rest of this year's top ten heroes as well and then vote once a day every day for your favorites.

(COMMERCIAL BREAK)

PAUL: Here are the stories we're following for you this morning. Startling new details about the Oregon campus massacre, Chris Mints, the man hailed as a hero for warning his fellow students about the gunman, wrote a firsthand account of the attack describing the gun shots that he says, quote, "felt like a truck" and the shooter, who "looked like he was playing a videogame."

[06:30:11] So much more on this story at the top of the hour for you.

BLACKWELL: The feud between Donald Trump and Jeb Bush is gaining steam this morning after the GOP front runner implied that former president George W. Bush shared some blame for the 9/11 attacks, that Jeb Bush later took to Twitter calling Trump's criticisms pathetic. And then Trump fired back writing you are pathetic for saying nothing happened during your brother's term. We'll have more on this war of words during a live report at 7:00 a.m.

PAUL: And this morning, the U.S. and Russia are said to be close to signing an agreement to avoid midair collisions in Syria. The news comes just two days after two jets came within miles of each other. Both sides conduct these air campaigns in the regions some of the video you saying there. President Obama speaking out on the deal, acknowledging there is still a long way to go with respect to the conflict inside Syria's border. Take a listen.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: The only understanding that we've arrived at is how do we de-conflict in the event that our planes and their planes might be occupying similar space over Syrian skies. So in that sense, we've arrived at an understanding and some channels for communications. Where we will continue to differ is in the basic set of principles and strategies we are pursuing inside Syria.

(END VIDEO CLIP)

PAUL: Joining us from Moscow, Jill Dougherty, a researcher for the International Center for Defense and Security. Jill, so good to have you with us this morning. So, we know that the Russian general says the estimates - or he estimates the document would be finalized as soon as possible. Do we have any time line for this? And does de- confliction basically start immediately?

JILL DOUGHERTY, RESEARCHER, INTL. CTR. FOR DEFENSE AND SECURITY: Well, we think that is going to be happening momentarily. Of course, they've been saying that for a couple of days. But it really is momentarily. And there is not a lot of fighting about this, Christi. This is one thing that both sides agree on, because it's technical, making sure that the planes that are in the air from the United States and the planes that are in the air from the Russians don't collide over Syria, so that there would be an international incident, but it gets more complicated as you can hear from President Obama when it comes to what happens next, what's the political situation looking like, et cetera. The Russians who sang, "You should talk with us." the Americans saying, we're not going to talk, because we don't agree with your strategy.

PAUL: So, does this agreement that at least what has been agreed upon at this point, does it open the door for a broader or more expansive conversation on other issues? DOUGHERTY: You know that is what a Russian general today said. He

said, deputy defense minister and he said, we hope, you know, it's a good document. And we hope this will open the door to more discussions about a political settlement. But the United States is saying, we are not going to join any type of negotiations because we think that your strategy as President Obama said, bombing your way to a peaceful solution is not going to work. They don't want to, the Americans don't want to look as if they are on the side of the Russians bombing in behalf of President Assad of Syria. So until there is some type of, you know, way that they can solve that, it doesn't look as if there is any movement towards a political solution.

PAUL: All right. Jill Dougherty, live for us there from Moscow. Jill, we appreciate it so much. Thank you.

BLACKWELL: All right for more analysis, let's bring in David Tafuri, former official with the State Department and the United Nations. David, let's pick up where Jill left off there, and the potential for a political solution. The president has said that there is no military solution here. Is there any indication that Russia is interested in having that conversation about a political solution?

DAVID TAFURI, FORMER U.N. OFFICIAL: Well, I think Russia's objectives are very different. You know, the U.S. and Europe have muddled along for four years now without a clear policy on Syria. In contrast, Russia has a very clear policy and an objective. They are trying to support the Assad regime, prop up the Assad regime and help the Assad regime win. And they are making significant progress on the ground, which is really changing the balance of power in Syria. Ultimately, Russia is not going to be successful in helping Assad take back the entire country. The majority of the country does not support Assad and never will. And so in some ways, all Russia is doing is helping Assad gain some additional territory, gain some additional power, changing the balance of power in Syria. But it's not going to be a resolution for Syria.

[20:35:02]

TAFURI: The only way there will be a political resolution in Syria is if Russia changes its view a little bit and takes the position that it's going to help get Assad to step down. Get the Allawite regime to compromise with the opposition and come up with a unified government. We've seen no progress on that yet.

BLACKWELL: How long is Russia in this fight? The "New York Times" is reporting that they're bringing in large field kitchens, even singers and dancers to entertain the troops who were there and will likely be there soon?

TAFURI: Well, we know, Russia took everybody by surprise when they moved into Syria. But it appears now that this was well thought out and planned for months beforehand, so it very well could be that Russia has the intention to stay in Syria for a long time. We've seen military power that we did not expect from Russia, new weapons and new aircraft from Russia. They seem to be in it for the long haul. And perhaps intend to have a military base, a very large military base for the permanent future.

BLACKWELL: All right, David Tafuri, thank you so much for being with us this morning, offering some insight.

TAFURI: Thank you. Christi.

PAUL: You know, fresh of a record setting debate, in just a few days before she is scheduled to testify in front of Congress, Hillary Clinton spoke exclusively to CNN's Jake Tapper in New Hampshire on a number of the topics, including Benghazi. Good morning, Jake.

JAKE TAPPER, CNN ANCHOR, "STATE OF THE UNION": That's right. I'm here in beautiful Keene, New Hampshire, where Hillary Clinton has just pulled ahead of her challenger Bernie Sanders in the first poll taken since the first Democratic debate. We talked about everything from her marriage to Bill. They just celebrated their 40th wedding anniversary to her Republican rivals whom she is preparing to face down next week.

(BEGIN VIDEO CLIP)

TAPPER: You are schedule to testify before the Benghazi committee and the House representatives in a few days. What are you expecting? And how are you preparing?

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I really don't know what to expect. I think it's pretty clear that whatever they might have thought they were doing, they ended up becoming a partisan arm of the Republican National Committee with an overwhelming focus on trying to, as they admitted to, try down my poll numbers.

I have already testified about Benghazi, I testified to the best of my ability before the Senate and the House. I don't know that I have very much to add. This is, after all the 8th investigation. Other committees of the Congress, standing committees with very experienced members and staff have all looked into this and basically just rejected the conspiracy theories that are still floating out there in some circles. I really don't know, I will do my best to answer their questions. But I don't really know what their objective is right now.

(END VIDEO CLIP)

BLACKWELL: There's lots more to our conversation about Benghazi, her email server, Afghanistan, making college affordable. You can watch it all this Sunday on State of the Union at 9:00 a.m. and noon Eastern.

PAUL: And as Jake mentioned, you can see more of his exclusive interview with Hillary Clinton. Is again, this Sunday on "State of the Union" 9:00 a.m. Eastern. Right here.

BLACKWELL: We've got new details about that fatal beating of a 19- year old inside a church, where he worshipped in Upstate New York. His parents were in court charged with first degree manslaughter. CNN was there, too. That story is next. Also, overnight, a change in Lamar Odom's condition after being unconscious for three days. We'll have an update on what's happening there and the legal fight brewing between Khloe Kardashian and his children.

[06:38:53]

(COMMERCIAL BREAK)

BLACKWELL: We've got new details this morning in the fatal beating of a 19-year-old inside the church where the family worships in Upstate New York.

PAUL: The boy's parents are charged with manslaughter, and authorities say the beatings were a part of a counseling session? CNN's Jason Carroll has the latest.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Victor, Christi, the case surrounding what happened inside this church behind me now will be heading to the grand jury. Police call it a savage beating. Although the motive for the beating is still somewhat unclear.

(BEGIN VIDEOTAPE)

CARROLL: Bruce and Debra Leonard did not testify during the preliminary hearing today.

UNIDENTIFIED MALE: Charges with manslaughter in the first degree.

CARROLL: Instead, they sat and listened to damaging testimony about what allegedly happened in that church counseling session. In the end, their 19-year-old son Lucas was dead, their 17-year-old son Christopher left in serious condition. Daniel Irwin, a deacon at the Word of Life Christian church told the court he saw Bruce Leonard strike both of the boys inside the church's sanctuary. He said Leonard hit his son Lucas several times. I heard the sound of a strike. Stop, then it started again. Irwin also told the court, he saw Lucas was bleeding from his leg, moaning, and rolling back and forth on the floor. Irwin then said he also saw Leonard strike his younger son Christopher five or six times, with something that looked like a belt. He recalled the beating went on for 14 hours, starting around 8:00 Sunday night, and lasting until 10:00 a.m. the next morning. When asked why the beating finally stopped, Irwin said because Luke was dead at that point. He said several church members, including Leonard's own brother, Christopher, and his father tried performing CPR, but it was too late.

(on camera): Would you like to elaborate a little bit more about what happened inside and tell us about your experience?

DANIEL IRWIN: Oh, no. I have no comment.

CARROLL (voice over): Outside court Irwin would not comment about his testimony, nothing about the motive for the beating, nor about allegations the counseling session was ordered because Leonard wanted to leave the church. The Leonards are facing manslaughter charges in the death of their son, four others, including the boy's stepsister Sarah are facing assault charges, all have pled not guilty. Police say they have not concluded why the session turned violent. Bruce Leonard allegedly told investigators his sons may have molested children who belong to the church.

But police say there is no indication of that whatsoever. They say seven children here from the church were taken into protective custody, they were interviewed, they were examined, and police say there is no indication any of them were sexually assaulted.

(END VIDEOTAPE)

CHIEF MICHAEL INSERRA, NEW HARTFORD POLICE: The deceased and his brother are victims in this horrible crime and I want to put out there again there is no evidence that these brothers did anything.

[20:45:04]

They are at this point true victims.

CARROLL: Debra Leonard's attorney believes his client is also a victim, saying Debra did not have the physical strength to beat her sons, Debra Leonard claims she only took part in the beginning, but that other church members held the brothers down while the beatings took place.

SCOTT MCNAMARA, ONEIDA COUNTY DISTRICT ATTORNEY: I have indicated before and I will continue to indicate, that we are looking at other charges and if other people should be charged, we will present that evidence to a grand jury.

(END VIDEOTAPE)

CARROLL: The D.A. now has 45 days from now to present its case to the grand jury. As you heard there, by the time the D.A. does that, expect more charges, more possible arrests. Victor, Christi.

BLACKWELL: All right, Jason Carroll. Thank you so much. Up next, we have got those new details we've discussed on the condition of Lamar Odom. He has been unconscious for several days now. We are going to get you the details of his condition, currently also this legal fight between Khloe Kardashian and Odom's children.

PAUL: Also, a woman is rescued from heavy mudslides, but it's all caught on tape.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh my God!

(END VIDEO CLIP)

PAUL: We have both this story and the latest on those mudslides new at 7:00. .

(COMMERCIAL BREAK)

PAUL: 49 minutes past the hour right now. An encouraging news this morning for two time NBA champion Lamar Odom. His former college coach saying that Odom woke up yesterday afternoon, remember he's at a Las Vegas hospital.

[06:50:04]

PAUL: At the time doctors removed breathing tubes and other lifesaving equipment and a source says Odom was even able to say hello to his estranged wife, Khloe Kardashian. Remember, the two signed divorce papers earlier this year, but it was never finalized, which means Khloe is allowed to make medical decisions for Odom. Our legal analyst Joe Jackson in with this for more. So, now that he is awake, Joey, what does that mean for the control of money, the control of - of what happens to him in the hospital and this battle supposedly between her and his children?

JOEY JACKSON, CNN LEGAL ANALYST: Good morning, Christi. The answer is it depends, because although someone is legally awake, it may not necessarily mean that he's competent, and there's a distinction between the two. And so, usually what happens is the law provides for a hierarchy of people to make medical decisions for you in the event that you cannot make them for yourself. And so, therefore his wife, still his wife, even though they were undergoing divorce proceedings, but to the extent that they're not finalized, of course, she then would have decision making authority. And the law also provides a hierarchy, just in general, so it would be the wife, and in the event that you know, you don't have a wife, then it goes to adult children, if any, then it would go to parents and then it would go to adult siblings. So he is up. Let's hope that he's okay. Let's pray he's OK, let's pray he's confident and able. But if he's not confident, although, he's awake, she still would call the shots.

PAUL: All right, I want to ask you about this brothel. Because we understand that workers there say Lamar was using cocaine. The brothel might be legal. We know cocaine is not. Do you see anything in this whole picture regarding this brothel that would make them liable in any way for something?

JACKSON: You know, still early to tell, of course, because there will be an investigation. We know that Nevada has its laws concerning brothels and the things that go on in Nevada. And so, to that extent, that's fine. But then it comes down to a question of, are they in anyway negligent or irresponsible? Did they enable him in anyway? Did they assist him in anyway? There is a difference between providing for someone's entertainment and enjoyment and providing something in excess where they knew or should have known that something could go amiss.

And so I think, Christi, this will be looked at in two ways, certainly from a civil perspective in terms of whether they were negligent, and then also from a criminal perspective in terms of whether they did anything wrong or illegal as offensive against those laws. To be clear, we don't know yet, because it's still early, but you better believe based upon the nature of this case, many eyeballs will be watching to find out the facts.

PAUL: Yeah, no doubt. All right, Joey Jackson, we appreciate it. Thank you so much.

JACKSON: Thank you, Christi.

PAUL: All right, at the top of the hour, we are going to have more on those. The California mudslides after the heavy rain that came down so quickly, including the story of the woman in this car who is recording this video trapped in this vehicle. You'll see all of this, this rescue you see here play out. Also, new details this morning on NFL quarterback Johnny Manziel and his latest run-in with police.

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[06:57:13]

BLACKWELL: Look at this mess, six construction workers injured here when the scaffolding collapsed outside a building in Houston, officials say all the injured workers at the scene, they were all working there, those people who were injured, not first responders or people passing by, so one distinction there. A senior captain with the Houston fire department says there is no confirmation. Look at it again, of missing workers.

PAUL: Oh my god.

BLACKWELL: Although, some 100 firefighters are still looking.

PAUL: And in Portland, Oregon, police have arrested a suspect in a string of cold cases, a grand jury indicted Homer Lee Jackson on 12 charges of aggravated murder relating to the death of three women and a teen girl. Detective say forensic evidence ties Jackson to the crimes. He's going to be in court to face those charges next week.

And new details this morning on NFL quarterback Johnny Manziel and his latest running with police. Officials say earlier this week the Heisman Trophy when he was pulled over after a dispute with his girlfriend. It was during the stop that Manziel admitted to police he'd been drinking alcohol. No charges were filed. During the offseason Manziel spent 70 days in rehab over an unspecified condition. He won Heisman Trophy three seasons ago, in kind of a rough transition to the pros, though.

BLACKWELL: Yeah, nine-year NFL veteran and CNN's sport anchor Coy Wire is here to tell us about some of his troubles. Johnny football is having an easy time of it.

COY WIRE, CNN SPORTS: Yeah, and this is where we want to get our audience involved. Because being a former Heisman Trophy when he's been pretty big disappointment. You talk about composure, poise, control. Those are things that a lot of the great quarterbacks of all time have. And Johnny football just hasn't shown that he possesses those very important qualities. But is he the greatest disappointment when it comes to Heisman Trophy winners of all time? You think of some others, like Tim Tebow, he's going to go down as one of the greatest college football players of all time, two national titles, the first round draft pick, but he only lasted three seasons in the league. He tried a couple of times after to come back, but never settled with a team. As recently as this past-off season, as we know. How about Eric Krauss from Nebraska, terrific all-around athlete, single-handedly helped Nebraska win a national title, drafted in the third round. Tried to make a transition to receiver, but two days before the season opened, he announced that he didn't want to play football anymore.

So, who is the biggest Heisman disappointment of all time? We want to know what you think. Use hashtag "NEW DAY CNN" on Twitter or hit us up on our Facebook page. "NEW DAY" Facebook page, and we'll use your comments coming up in the next hour.

BLACKWELL: All right.

PAUL: Thank you, Coy.

There is so much more to tell you about this morning.

BLACKWELL: Yeah, the next hour of your "NEW DAY" starts right now.

[07:00:00]

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UNIDENTIFIED FEMALE: Oh my god, this car is going to hit us. Oh my god! Oh!

UNIDENTIFIED FEMALE: Oh, we are floating! We are floating!