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Warren Lee Hill's Execution, Stayed; How Should Obama Handle Entitlement Reform?; Is Joe Biden the Best Point-Person for Gun Control Reform?; Seth MacFarlane to Host Academy Awards
Aired February 20, 2013 - 09:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
CAROL COSTELLO, CNN ANCHOR: In an 11th hour decision two courts decided to spare the life of twice convicted killer Warren Lee Hill. Now his life continues to hang in the balance. A state court and federal court both granted that stay of execution, one, because of the way the prison handles lethal injection drugs and another court because experts say Hill is indeed mentally retarded. He has an IQ of 70 and it's illegall to execute the mentally disable. Still state prosecutors say Hill's not legally retarded because he was in the Navy, he held a job and he managed his own money. Victor Blackwell is here to explain what happens now.
VICTOR BLACKWELL, CNN CORRESPONDENT: And this really last night came down to just about 45 minutes before this execution. Here is the tick tock. He was scheduled to be executed at 7:00 p.m. At 4:00 p.m. His attorney entered a plea for a stay of execution. The attorney says just about 45 minutes before the scheduled execution that stay was granted and this whole document, the order comes down to one sentence, I want to put this up on the screen, "sll of the experts both the state's and the petitioner's, hill's, now appear to be in agreement that hill is in fact mentally retarded."
I want to stop here because the use of the word retarded offends people, it certainly is passe it's not politically correct, but it's a legal classification. It's the word used by the Supreme Court, it's used by Hill's attorneys, it's used by the state. In this 24 page document the words disabled, challenged not used once to describe his mental state. Retarded and retardation used 44 times. That's why we're using it.
But initially, when his attorney made this claim of mental retardation, the state put up three experts who all evaluated him and said he is not mentally retarded but over the years when they got more information they said those initial evaluations were rush jobs. He is indeed mentally retarded and a judge in Georgia also determined that based on a preponderance of the evidence that he is mentally retarded.
Here's the wrinkle, though, as we discussed a moment ago. When the U.S. Supreme Court determined that it's illegal to sentence capital punishment for the mentally retarded they left it up to the states to determine what that threshold is. In every other state it's the preponderance of the evidence, more likely than not. In Georgia it's beyond a reasonable doubt, that no reasonable attorney or judge would then make that decision that he's mentally capable. Next 30 days, they'll make the decision. Hill's attorney will enter his plea to say why he believes he's mentally retarded. The state will then rebut and Hill another opportunity. Thirty days, we should have an answer on if he will live or die.
COSTELLO: Victor Blackwell many thanks.
"Political Buzz" is your rapid fire look at the best political topics of the day, three topics, 30 seconds on the clock, playing today John Avlon, CNN contributor and senior political columnist for "Newsweek" and "The Daily Beast," and Republican strategist Rob Johnson. Welcome to you both.
First question, Social Security and Medicare, the third rails of Washington's attempts to tame the deficit. Touch them and you get burned! Former Senator Alan Simpson one half of the dynamic debt duo Simpson Bowles, he says if President Obama doesn't deal with entitlements his legacy is on the line.
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ALAN SIMPSON,CO-CHAIR SIMPSON-BOWLES COMMISSION: He knows what to do and if he doesn't get a handle on the entitlements and the solvency of Social Security, he will have a failed presidency.
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COSTELLO: So quit asking for tax increases and do something about entitlements. Question, is there an appetite though for cuts to Social Security and Medicare? John?
JOHN AVLON, CNN CONTRIBUTOR: It's not even a question of appetite, Carol. It's a question of need. The reality is that to keep these programs solvent, keep them strong there needs to be reform and you can do it without painful cuts but adjusting the cost curve. The problem is both parties have indulged in the politics of Medi-scare, try to demagogue the issue instead of having a reasonable (ph) debate and President Pbama needs to lead more effectively if he's going to leave the country in better shape than he found it with regard to long-term deficit and debt. And it's a major issue for the future of the country.
COSTELLO: Rob?
ROB JOHNSON, REPUBLICAN STRATEGIST: Yes, I think the only thing this president has an appetite to cut is his golf handicap. Furthermore, Senator Simpson is right. We need to address this but unfortunately the problem is in Washington, D.C., and people are scared of silly ads that may or may not be run against them in future elections rather than do the right thing to make sure Social Security is solvent for my generation.
COSTELLO: Okay. Up next. Next question he's leading President Obama's efforts to stop gun violence but some of Vice President Biden's advice on gun safety is making some people scratch their heads. Here's what Joe Biden said during an online chat sponsored by "Parents" magazine. (BEGIN VIDEO CLIP)
JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: If you want to protect yourself, get a double barrel shotgun, have the shells of the .12 gauge shotgun and I promise you, as I told my wife, we live in an area that's wooded and somewhat secluded. I said, Jill, if there's ever a problem walk out on the balcony, put that double barrel shotgun and fire two blasts outside the house, I promise you, whoever is coming in is not going to -- you don't need an ar-15.
(END VIDEO CLIP)
COSTELLO: The VP (ph) doubling down on similar remarks he made last month at a Google hangout. So the question: is Joe Biden helping or hurting Obama's gun control efforts, Rob?
JOHNSON: Well look, Joe Biden is kind of a bull that carries his own china closet and I'm sure the president cringes every time he sees Vice President Biden in front of a camera. The fact is Jill Biden's not going to walk out on the balcony of the Naval Observatory and fire a double barrel shotgun but I'm glad that the vice president does admit it's okay for the citizens to have shotguns and as a Republican who supports the second amendment he hope he continues to run point on this for this administration.
COSTELLO: Interesting, John?
AVLON: Joe Biden is crazy like a fox here. The point is he's trying to blow through the false dichotomies expressed like were just expressed by making a point that reasonable gun reform doesn't necessarily mean at all that you're against guns in general and if the self-defense argument can be easily addressed with a double barrel shotgun rather than an assault weapon whose sole purpose is to kill as many people as quickly as possible. So actually, Joe Biden is performing an important service here, it may confuse some folks who are ideological purists, but it makes a lot of common sense on main street.
COSTELLO: Okay, onto our final question, a new word to add to your vocabulary, smurfing and it doesn't involve body surfing little blue people like smurfs. Smurfing actually means going from going pot shop to legal pot shop in Colorado for the purpose of accumulating marijuana to sell on the black market. That is a big no-no. So, a Colorado state task force has come up with ways to prevent smurfing while encouraging pot tourism. They want people to tour Colorado because of the pot. As you know Colorado legalized pot last year and that phrase pot tourism brings us to our question. Is it a good thing Colorado will now be known solely for a new kind of rocky mountain high? John?
AVLON: Oh, you had to bring Joe Walsh into it. The states are laboratories of democracy. They'd be foolish not to recognize the fact that some folks are going to travel there for pot but come for the pot, stay for the skiing. It's a beautiful state. I think they'll be known for more than that.
COSTELLO: Come for the pot, stay for the skiing but don't do them at the same time for goodness sakes.
AVLON: No.
COSTELLO: Rob?
JOHNSON: I agree with John, this is a tenth amendment issue. The people of Colorado voted to legalize pot and if they want to have pot tourism it's great but I would remind people that the unemployment rate in this country is pretty high, those of you who shave to take a drug test be careful on your way back home.
COSTELLO: Sage advice. John Avlon and Rob Johnson, thanks so much for playing today.
Billy Crystal, Steve Martin, Whoopi Goldberg, now add Seth MacFarlane to the list of hosts for Hollywood's night.
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SETH MACFARLANE, COMEDIAN: It's a bad match. I'm the wrong guy to do this.
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COSTELLO: So how does someone prepare to host the Oscars? We'll ask the new man in the spotlight.
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COSTELLO: He's the man behind TV's "Family Guy" you know, Brian and Stewie.
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STEWIE GRIFFIN, CARTOON CHARACTER: Ooh, you've got some pie, huh? Can I have a piece?
BRIAN GRIFFIN, CARTOON CHARACTER: Uh, sure.
S. GRIFFIN: Ooh, let me have some of that Cool Whip.
B. GRIFFIN: What did you say?
S. GRIFFIN: You can't have a pie without Cool Whip.
B. GRIFFIN: Cool Whip?
S. GRIFFIN: Cool Whip, yeah.
B. GRIFFIN: You mean Cool Whip.
S. GRIFFIN: Yeah, Cool Whip.
B. GRIFFIN: Cool Whip.
S. GRIFFIN: Cool Whip. B. GRIFFIN: Cool Whip.
S. GRIFFIN: Cool Whip.
(END VIDEO CLIP)
COSTELLO: I say Cool Whip too. Anyway this weekend Seth MacFarlane will be very busy. He'll be hosting the Oscars. MacFarlane has some pretty big shoes to fill too and he's getting some advice from a man who knows a thing or two about hosting the Academy Awards.
Nischelle Turner is here, and you sat down with Seth Macfarlane and I'm kind of jealous.
NISCHELLE TURNER, CNN ENTERTAINMENT CORRESOPNDENT: You should be because he's kind of cool, Carol. You know, if there's been a criticism of the Oscars, here's what you hear. Well, it can be a bit stuffy so undoubtedly the Academy is trying to liven things up. But when we heard they had chosen Seth MacFarlane, a lot of people raised an eyebrow and said huh? And you know what? He knows that. So when we talked he kind of tried to laugh that all up. But what people may not know is that Seth is also a singer and a performer as well as a funny guy.
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TURNER: This is the first time you're hosting so is there an added pressure or is it just you know, I know how to do this. I've been in this game for a long time.
SETH MACFARLANE, ACTOR: You know the mechanics of it are surprisingly the same as a lot of other stuff that I've done. It's -- it's you know the audience is obviously a billion times bigger.
TURNER: It's a tough room.
MACFARLANE: And it's a tougher room, yes. It's a very thin-skinned room.
TURNER: But you have -- yes and you have an edgy aesthetic so how do you walk that line?
MACFARLANE: Yes so -- so it's a really bad match. I think that's what we've arrived at here. I'm the wrong guy to do this.
I'm Seth MacFarlane and I'll be hosting the Oscars this year where we'll be celebrating all your favorite films.
TURNER: We saw Amy Poehler and Tina Fey did such a great job and they were pretty much widely lauded.
MACFARLANE: I haven't read any positive reviews.
TURNER: No, none at all.
MACFARLANE: Did I get good reviews for this? TURNER: A couple, I read a couple.
MACFARLANE: If I had one review for anything in my career as good as their worst review for that I would be a happy man.
TURNER: So does that put more pressure? Because it's like this is how you host a show.
MACFARLANE: I mean look, I thought they were fantastic but they are also beloved by the press so it's you know even if they had not done as great a job as they had done I still think there are certain people who have a carte blanche you're awesome, we love you no matter what you do. You know that said they were fantastic, but -- but I wouldn't know if they weren't from reading the press because of those reasons.
So I'm kind of the opposite. I go in about minus ten with the press so it's like I got to get myself to at least the level where they can tolerate me and then maybe from there I have a shot at actually getting a positive review.
TURNER: Do you reach out to those people who you know have killed at the Oscars who have done it really right?
MACFARLANE: Yes I talked to Billy Crystal and he was super nice guy, and genuinely helpful, took a lot of time out of his schedule to sit down with me and -- and I came out of it with some practical, practical stuff and it was, you know, I'm very grateful to him for taking the time to do that.
TURNER: Can you tell me one thing he told you?
MACFARLANE: Get comfortable with your shoes before you get on stage.
TURNER: I like that. That's a girl thing. We got to walk in our heels before we get on the big stage.
MACFARLANE: Sure.
TURNER: Because you never know, good point.
MACFARLANE: Sure so my strappies will be well worn in before I get out there.
TURNER: Well I don't know what the protocol is, I don't know if you say good luck, break a leg or just give a pound so I'm going to give you a pound because that's what I do, so good luck to you ok.
MACFARLANE: Hope this thing works.
TURNER: And you want to blow it up?
MACFARLANE: All right.
TURNER: Thank you, sir. Have a good one. See that's what we should have done, shake hands.
MACFARLANE: Yes there you go.
(END VIDEO CLIP)
TURNER: That was like the two goofy kids trying to be cool.
COSTELLO: I like that.
TURNER: That was really ridiculous. Oh, gosh. Yes you know we're trying, I mean it's just bad, we should have left that one alone.
You know what Carol, he is taking this really seriously though. Usually we get to talk to folks that host the Oscars this week, but Seth is cutting off communication this week with everyone, no media, no availability leading up to Oscar Sunday. He wants to be one of the greats, so this kind of got us thinking who are the best and worst Oscar hosts? I put that question out on Twitter this morning so I'm anxious to see what people are talking about. I want people to talk back to me at me Twitter handle @nischelleturner or you can also go to CNN.com for "all things Oscars" they have a cool Oscar ballot up.
So I'm going to ask you. You're going to be my first person to ask this morning Carol. Do you have a best or worst Oscar host?
COSTELLO: Well I didn't think David Letterman did a great job. I didn't -- didn't Whoopi Goldberg host the Oscars a couple times?
TURNER: She -- four times and she's definitely one of my all-time favorites.
COSTELLO: Yes she had her moments but I must say Billy Crystal was probably the best.
TURNER: Yes, you know I'm a little bit of a new school person. I loved Ellen DeGeneres. Chris Rock got good and bad review, but I thought he was hilarious and I think for my worst, while he's a good actor I think James Franco just needs to stay away from that Oscar.
COSTELLO: I forgot about that with Anne Hathaway, oh, oh, you're right, that was definitely the worst. Nischelle Turner, thanks so much.
TURNER: Exactly was.
COSTELLO: Of course we'll have all the back stage moments and the latest from the red carpet, and Hollywood's biggest night "The Road to Gold" airs Sunday night 6:00 Eastern on CNN.
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DR. SANJAY GUPTA, CNN ANCHOR: I'm Dr. Sanjay Gupta and this week on the "Next List".
(BEGIN VIDEO CLIP)
DIANA ENG, FASHION DESIGNER: I consider myself an innovator because I really like to explore what can be done. And it's not always knew technology. Sometimes I'm looking at old technologies or how things used to be manufactured. But I feel like -- since I'm a small company I'm able to really explore different techniques and different materials and then incorporate them into all my products to make them special.
My lady bug pin is a pin that's designed to look like a real lady bug but it's actually made out of silver and hand painted in yellow. So the idea is that you would wear it on your shirt and you would look like you have a real lady bug in your shirt.
UNIDENTIFIED FEMALE: It looks real. Oh, my gosh it's so tiny how do you work with things that tiny.
ENG: Oh well, it's actually modeled from a real lady bug.
UNIDENTIFIED FEMALE: These are real lady bugs.
ENG: Yes, they're in twos. You want to take it out. You can compare it to my pin and see how accurate my pin is.
UNIDENTIFIED FEMALE: Oh my gosh they are identical.
(END VIDEO CLIP)
GUPTA: That's this Sunday on the "Next List."
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COSTELLO: It's 53 minutes past the hour. Checking our top stories now. Cadaver dogs are helping search for a missing person after a gas explosion in Kansas City, Missouri. The blast blew the roof of a restaurant and injured 15 people. The utility officials explosion might have started when underground workers struck a natural gas line. Foul play not suspected, at least right now.
Jeep's Twitter account is restored. Hackers had put a Cadillac logo at a description reading sold to Cadillac. The hacking appears to have been done by the same group who took over Burger King's Twitter account on Monday.
And certainly you remember this?
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UNIDENTIFIED MALE: Pardon me. Would you have any grey poupon?
(END VIDEO CLIP)
COSTELLO: Well get ready for this. Grey Poupon is re-launching its iconic "Pardon Me" add to try to boost lagging sales and competition from other mustard makers. The new ad features a car chase, explosion and gets a prime time debut during this Sunday's Oscars.
"Talk Back" question today. Is it wrong for a state to embrace pot tourism? Your responses next.
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COSTELLO: "Talk Back" question this morning, "Is it wrong for a state to embrace pot tourism?"
This from Ken, "Why not? Other states promote so many other negative things, why not promote something that has actual health benefits?" We're talking marijuana here.
This from Bill, "Pot heads say yes. The rest of us say no."
From Tim, "We have bar and pub promotion in tourist towns and Nevada promotes legal prostitution, a little pot promo won't hurt anymore."
This from Walter, "Many states embrace alcohol tourism. We're always told Budweiser and Jack Daniels are iconic American symbols. To accept one and deny the other is total hypocrisy."
Keep the conversation going, Facebook.com/CarolCNN or please tweet me @CarolCNN.
The next hour of CNN NEWSROOM after the break.
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