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Friends Shocked by Killing Spree; Police Search for Rampage's Motive; Potential Problems for North Korea Satellite; John McAfee Back in the U.S.; Lawsuit: FedEx Overcharging; Congress Pushes for High Testing in NFL

Aired December 13, 2012 - 09:00   ET

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


DON LEMON, CNN ANCHOR: Talking about drinking already. My goodness.

SOLEDAD O'BRIEN, CNN ANCHOR: I didn't say in the morning but yes.

(LAUGHTER)

Technically yes.

LEMON: It's 5:00 somewhere. Thank you, guys. Have a great weekend.

Happening now in the NEWSROOM. New details on the shopping mall killer and the holiday shoppers doomed simply by crossing his path. The victims' stories and the gunman's rage just ahead here on CNN.

After years of failed attempts, North Korea successfully launches a rocket. Why the U.S. is calling it, quote, "clear provocation."

They're back. After three months, an apology from Apple's CEO and a fired high-ranking executive. Later, well, Google maps returning this morning to the iPhone store.

And last night the stars came out and brought the house down.

We'll take you to the concert that raised nearly $30 million for Superstorm Sandy relief.

THE NEWSROOM starts right now.

ANNOUNCER: This is CNN breaking news.

Good morning, everyone. I'm Don Lemon. Carol is off today. And we're going to begin with some breaking news and it's out of Afghanistan. Just a short time ago a suicide bomber detonated a vehicle outside the gates of Kandahar Airbase. Defense Secretary Leon Panetta had been there, he's traveling there, but he left hours earlier. Not clear if the attack was tied to his visit.

There are initial reports, though, that several coalition soldiers were wounded along with as many as 10 civilians.

We'll keep you updated on that attack here on CNN as we get new information. And also new this morning, there are details out of the man behind the shooting rampage in Oregon and the tragic aftermath of his rage. And we now know more about his victims as well. This is 54-year-old Cindy Ann Yuille. She was a hospice nurse and her family says she was everybody's friend. The "Oregonian" says she leaves behind a 23-year- old daughter and a 13-year-old stepson.

Steve Forsyth also had two children and loved to coach kids' sports. Friends say the 45-year-old businessman had a zest for life, a wicked sense of humor and never said a bad word about anyone.

Christina Shevchenko is in stable but serious condition with bullet fragments in her lung and her liver. Doctors say the 15-year-old will recover, but faces more surgery.

And this is the man who unleashed the carnage, 22-year-old Jacob Roberts. Shocked friends say he was kind and he was upbeat, and studying to become a firefighter.

CNN's Kyung Lah went to the home where he spent his final hours.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: And if anybody is standing behind it, they're going to have problems.

KYUNG LAH, CNN CORRESPONDENT (voice-over): Housemates of Jacob Tyler Roberts avoided our questions. Not willing to talk about what might have led Roberts to open fire on holiday shoppers.

UNIDENTIFIED FEMALE: Yes. I've seen him there.

LAH: Neighbors say the 22-year-old moved in about six months ago renting the basement of this Portland house.

UNIDENTIFIED FEMALE: He just came out and he didn't wave or anything, you know, just got out and came out, and with the guitar case in the car.

LAH: Two hours later the 911 calls were coming in from the Clackamas Town Center.

UNIDENTIFIED MALE: Just confirming you said an active shooter?

LAH: Roberts, wearing a hockey mask and firing a stolen AR-15 semiautomatic rifle, was making his way through the mall.

AUSTIN PATTY, WITNESS: All I heard is, "I am the shooter," and then shots rang out. Five, six shots and by that time I hit the floor and I just ran out and told -- started telling everyone and anyone I saw there is a shooting going on. Don't go in there.

LAH: Police say the only reason he didn't kill more people, his rifle jammed. He had several fully loaded magazines.

Officers back at Robert's house are still trying to piece together what caused this man to fire into crowds of people before killing himself.

CRAIG ROBERTS, CLACKAMAS COUNTY SHERIFF: At this time we do not understand the motive of this attack except to say that there's no apparent relationship between the suspect and his victims.

SUZIE HAYES, FAMILY'S SPOKESWOMAN: My son did grow up with Jake and I can tell you that he was a very good boy and it is very shocking.

LAH: Family and friends say Roberts showed no warning signs. There was this, though, perhaps a sign of a gun fascination on his Facebook page, it shows a man firing a handgun. Friends say Roberts had been a popular boy at his high school and loved by his mother, who shared this statement read by a friend.

HAYES: "She is very sad and wants everyone to know that she's so sorry what Jake did. It's so out of his character. And on that note I just --

(END VIDEOTAPE)

LEMON: That was Kyung Lah reporting.

Now let's get to the latest on the investigation now. We turn now to Deputy Byron O'Neil, he's a spokesman for the Clackamas County Sheriff's Department.

Good morning. Thank you for coming on. We know that you're very busy.

DEPUTY BYRON O'NEIL, SPOKESMAN, CLACKAMAS COUNTY SHERIFF'S DEPARTMENT: Yes.

LEMON: Yes. So what do we know? Still no clear motive?

O'NEIL: No clear motive. As you can imagine we have got absolutely mountains of interviews and data and evidence to go through, so we're still working to make sure that we know exactly why he did this. But at this point we don't have any conclusions yet.

LEMON: And nothing -- no idea about his background, what may have been troubling him because, you know, friends are saying he was upbeat, he was quiet, he was a -- he was a good person up until this very moment.

O'NEIL: Yes, we have nothing yet that we've been able to put together to understand why he did this.

LEMON: OK. Are you finding out anything more about the gun? Apparently the rifle you said was taken from someone else, a registered gun?

O'NEIL: Yes. It was an AR-15 semiautomatic rifle that was apparently stolen from a person that he knew.

LEMON: And you're not -- that's all the details you're giving out, just a person that he knew? O'NEIL: And that's all we have so far, yes, that we're giving out so we're still trying to tie up all the loose ends and make sure any information we give out is 100 percent accurate.

LEMON: Deputy Byron O'Neil, where does this go from here? What's next for your investigation?

O'NEIL: Again we're just going to keep compiling data. I believe we've talked to most of the witnesses now, at least, that we know of. Certainly if there are any out there that we haven't had a chance to talk to we would like the opportunity to talk to them, and it is a matter of compiling all that information and looking at, you know, all different statements and seeing where the commonalities lie and tracking his movement that he went throughout the mall and each step of the process.

LEMON: All right.

O'NEIL: We'll also be going into his background and checking into all facets just to ensure that there wasn't any accomplices or anything like that at this time. We don't believe there were but again we want to be 100 percent certain of the circumstances.

LEMON: OK. Thank you very much, Deputy Byron O'Neil, the spokesman for the Clackamas County Sheriff's Department.

In other news, the nurse who committed suicide after taking a prank call at a hospital where Prince William's wife is being treated left three notes. Officials in London would not disclose what the notes said but they did say that co-workers found Jacintha Saldanha hanging from her wardrobe door by a scarf.

Meanwhile, an Australian watchdog group is investigating the radio station behind the prank call.

This morning, four crew members were rushed to the hospital after a Navy helicopter made a hard landing. This is at a base near San Diego. Navy officials say the chopper was being used for routine training. Cause of the hard landing, under investigation right now.

A fight over a small cluster of uninhabited islands between Japan and China escalated this morning. Japan sent eight fighter jets after a Chinese plane was seen near the islands but the plane was gone by the time they got there. China says the plane was patrolling and continues to claim the islands.

The islands have been in Japanese control for years. Japan bought the privately owned islands in September.

Some are calling it a breakthrough, North Korea making its first successful long-range rocket launch but now less than 24 hours after liftoff a U.S. official tells CNN the country may not be in full control of the satellite.

Joining me now is CNN contributor and retired U.S. Army general, Spider Marks. Good morning.

GEN. JAMES "SPIDER" MARKS, U.S. ARMY (RET.): Hey, Don.

LEMON: What exactly does this mean? Is this a setback for North Korea?

MARKS: It's not a setback at all for North Korea. North Korea successfully launched something into an extra atmospheric orbit, albeit it's not controlled. And that's the big problem. But they were able to build a three-stage missile and to get an object into space. They've been trying to do that for years.

LEMON: General, here's how Defense Leon Panetta summed up North Korea's actions. He spoke exclusively to our Erin Burnett in Afghanistan. Listen.

(BEGIN VIDEO CLIP)

LEON PANETTA, DEFENSE SECRETARY: The fact that the -- they've launched this missile is a clear provocation. We've warned them not to do it. We've been very concerned about their firing this missile, in violation of every international standard and rule. And you know it's clear that one of the reasons we're re-balancing the Pacific is to deal with the threat from North Korea, and we will. We're prepared to do that. We'll respond if we have to.

(END VIDEO CLIP)

LEMON: So General Marks, the secretary says the U.S. is, quote, "prepared to respond." What options, if at all, does the U.S. have in this situation?

MARKS: Well, Don, primarily the definition of our ability to respond militarily, let me start with that, is at a very tactical and a very robust level. We've got great relationships with the regional partners, primarily South Korea, certainly Japan, burgeoning, and hopefully some degree of cooperation or at least communications with the Chinese, unknown in that part of the world in terms of the Russians.

But we have a very large, very robust, very mature tactical engagement capability in Korea that would allow us to prevent any type of threat that might exist in the south on the peninsula. Now the missile defense, we've got an incredible capability in terms of anti-ballistic missile but for North Korea to get into the ballistic missile business, they have to be transparent and they've chosen not to do that and that's the secretary's point. There are U.N. resolutions that say you will not do that. This is not authorized unless you open up, you're transparent and you kind of adhere to other forms of normalcy.

They haven't done that. So the United States has a very broad capability with the Republic of Korea and our very close allies there and in Japan.

LEMON: All right, General Spider Marks, thank you. Really appreciate it.

MARKS: Thanks, Don.

LEMON: All right.

Just when you thought the strange tale of John McAfee couldn't get more bizarre, a new chapter opens. The software founder turned up in Miami saying authorities in Guatemala had expelled him and put him on a plane to the U.S. The millionaire who spent weeks on the run and days in detainment spoke to reporters outside his South Beach hotel.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Belize still think you murdered your neighbor.

JOHN MCAFEE, SOFTWARE COMPANY FOUNDER: I don't think anybody thinks that I murdered my neighbor except you, the press. You think I had anything to do with this? I had no choice in this. I was -- I was whisked out of the prison, I was forcibly separated from Samantha and here I am. I didn't have anything to do with anything. I don't have a plan. I'm here, I'm hungry, I plan to eat. So that's basically it.

UNIDENTIFIED REPORTER: One day at a time, it sounds like.

MCAFEE: That's right. You know, if you ever tasted Guatemalan jail food it's not very nice and I'd like some sushi.

(END VIDEOTAPE)

LEMON: John Zarrella, this is the most bizarre -- one of the most bizarre stories that I have ever been witness to. He wants sushi, there's music playing in the background, he was in hiding in Belize just a short time ago, now he's in Miami where you are.

Do you have any idea what's going on and what is next for McAfee?

JOHN ZARRELLA, CNN CORRESPONDENT: Well, nobody's quite sure what is next, although, you know, there is some speculation that perhaps because last night he was whisked away from Miami airport and taken over to Miami Beach that perhaps federal authorities who picked him up last night and brought him to Miami Beach want to talk to him.

Don't forget, this was a U.S. businessman who was killed, his neighbor, back on November 11th in Belize, so the FBI would have jurisdiction to talk to him about that, even though he continues to insist he had nothing to do with Gregory Faull's murder. So -- and the other issue in all of this is how come he ends up back in Miami and not back in Belize.

Well he said last night that there were some very tense negotiations that resulted in him coming here to Miami and as he said in that sound bite, he really wasn't clear where he was going other than he was sent and put on a plane back to Miami.

LEMON: But he does know he wants some sushi. At least he knows that.

ZARRELLA: And -- yes, last night.

LEMON: Bizarre. John Zarrella, thank you very much.

ZARRELLA: Sure.

LEMON: It was a star-studded night at New York's Madison Square Garden, an amazing gathering of musicians all sharing the stage for a very worthy cause. The 12-12-12 concert for Sandy relief.

Got to love the Boss. New Jersey's hometown favorite, Bruce Springsteen, kicked off the concert. There were also performances by Pearl Jam's Eddie Vetter, with Roger Waters from Pink Floyd, the Rolling Stones, Kanye West and even Paul McCartney playing frontman for members of Nirvana.

Can you imagine? Liked to have been there. There are estimates that the concert reached two billion people and raised $30 million in tickets and other sales. Proceeds will benefit relief efforts for Superstorm Sandy victims.

FedEx may be overcharging for your shipments and they know it. Not only that, FedEx may be making massive profits because of it. We'll tell you who is making these claims.

(COMMERCIAL BREAK)

LEMON: Well, FedEx is accused of systematically overcharging people for years, and the lawsuit claims the executive knew about it and it may have earned FedEx millions of dollars.

Alison Kosik at the New York Stock Exchange now.

Alison, hello to you. We're hearing about some internal e-mails that make FedEx look bad?

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Yes, nothing like some internal e-mails that come out to show these alleged shenanigans FedEx is accused of doing. So, you know, overcharging for any company never good for P.R., covering it up even worse.

And keep in mind these are only allegations, but these are allegations that FedEx overcharged business customers. I'm talking about government offices, Bank of America, Toyota, other companies, too.

Now, there's already been a class action lawsuit filed against FedEx. This happened in 2011 and as "The Wall Street Journal" says, what it does, it claims that a worker there tried to bring the overcharging up to his superior to let them know that this was happening.

But what's new are the court documents were unsealed this week, including these e-mails, and in them it shows that this worker wrote this e-mail saying he believes FedEx is systematically overcharging customers for residential delivery fees. He said, "I have brought this to the attention of many people and no action has been taken to address it" -- Don.

LEMON: OK. So don't leave me hanging, Alison. What is FedEx saying about this? How are they responding to all this?

KOSIK: OK. So, FedEx is saying that the documents, they don't tell the entire story, that they'll continue to defend the allegations. And FedEx also noting that customers who have billing issues can get refunds online or call the company.

But something tells me, Don, that e-mails aren't going to be enough for this. Plaintiffs are really going to need proof that they were overcharged. I'll tell you what? We're going to keep following this and see how all of it plays out -- Don.

LEMON: Appreciate it. Alison Kosik at the New York Stock Exchange this morning.

NFL Hall of Famer Dick Butkus not on the gridiron but Capitol Hill.

(BEGIN VIDEO CLIP)

DICK BUTKUS, NFL HALL OF FAMER: It's time to send a clear message that performance-enhancing drugs have no place in sports, especially the NFL.

(END VIDEO CLIP)

LEMON: But while the league and the union battle over drug testing, a growing concern about how this issue affects younger athletes trying to gain an edge.

(COMMERCIAL BREAK)

LEMON: Amid the partisan wrangling over the fiscal cliff, there is agreement on Capitol Hill over at least one issue -- human growth hormone testing for NFL players.

The NFL Players Union has fought implementation of testing for steroids since it was included as last year's collective bargaining agreement.

Major League Baseball already tests its players.

Lawmakers called for the NFL to follow suit at a hearing, which included testimony from a football legend.

(BEGIN VIDEO CLIP)

BUTKUS: Believe me, I believe a lot of them wanted -- nobody wants to be playing and have that shadow hanging over. Well, did he or didn't he take the juice? Did he or didn't he? I think they all want them. The majority of them want to do the testing.

MIKE GIMBEL, POWERED BY ME! DIR., ST. JOSEPH MEDICAL CTR.: We are addicted in our society. We have an addiction to winning, winning at all costs.

We have 9, 10-year-old kids who are drinking gallons of energy drinks in order to get an edge. Kids when they're 12 or 13 will spend thousands of dollars on unregulated supplements, muscle supplements, diet supplements in order to get bigger and stronger and faster. And then when they get to high school, where it's really competitive and winning is really important, they go to the hard stuff.

(END VIDEO CLIP)

LEMON: Tim Green was a star defensive end for the Atlanta Falcons for eight years. Since his retirement as a player, he's been successful as a broadcaster, attorney and a novelist.

And among his novels, he has written a series of books for young readers on sports. He joins me now on the phone.

Tim, good morning to you.

TIM GREEN, FORMER NFL STAR, AUTHOR, LAWYER (via telephone): Good morning, Don. Good to be with you.

LEMON: Good to be with you, too. Thanks for coming on. You have children. You've written for kids and coached them.

Do you worry about young athletes taking the wrong message about performance-enhancing drugs?

GREEN: Absolutely. Whatever young players hear about professional athletes, using performance drugs, the message is loud and clear that it is a part of the game and it's a way to, you know, it's a prerequisite to get to the next level and ultimately the highest level.

And when the players union -- and I understand they need to use bargaining chips, you know, for different issues -- but I just think it's a tragedy that they're fighting human growth hormone testing, because that sends a very clear message to young athletes and that is that HGH is just part of getting to the NFL and we don't want to test because we want our players to be able to use it. It's horrible.

LEMON: You use the word "prerequisite". You saw in the testimony there, Mike Gimbel from the St. Joseph's Medical Center saying -- basically equating, you know, the drinks -- those smart drinks, he's saying they're basically a gateway drug so to speak for -- to steroids.

GREEN: You know, I don't know where I am on the gateway drug theory, but I will tell you that, you know, my kids and athletes I've coached, kids will tell you that. Kids will say marijuana is a gateway to cocaine juice. Kids will say that energy drinks are a gateway to, you know, unrestricted supplements which is a gateway to anabolic steroids.

There's no question and I've done this in the research for my books for kids, and in fact, performance drug use is the issue in some of these books, and there's no question that high school athletes in the United States, it is an epidemic -- steroid use among high school athletes estimated as high as 600,000 young athletes using anabolic steroids. It's dangerous and it's wrong. They're doing it because our society and our professional sports league are sending a loud message that it's OK.

The other part is the Tour de France syndrome, because what you have there with Lance Armstrong was at the top of his game but knew that he couldn't compete unless he used the same -- you know, the same method, the same illegal method everyone else was using.

If sports leagues are serious about sending a clear message, they would be indefatigable in their efforts to eradicate and eliminate performance drugs. They could do it if they want to. They have to spend the time the effort and the energy to do it. And they certainly need the cooperation of the players association.

LEMON: Tim Green, appreciate you joining us. Thank you very much.

Barbara Walters asks Chris Christie: are you too heavy to be president? His response, next.

(COMMERCIAL BREAK)