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New Day

Award-Winning Actress Learns of ADHD; Defense to Step Up in Routh Trial; 33 Americans One Step Closer to Mars

Aired February 18, 2015 - 08:30   ET

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

ALISYN CAMEROTA, CNN ANCHOR: All right, time now for the five things to know for your NEW DAY.

Number one, Kurdish forces repelling an ISIS attack in Iraq. The terrorists targeting villages in the area where Kurdish defenses are located.

And global leaders talking terrorism at the White House. This as Attorney General Eric Holder declares, quote, "the U.S. is not at a time of war."

Ukrainian forces pulling out of a key city at the center of fierce clashes. A Ukrainian official saying the pullback should be complete within hours. Violence continues there despite a cease-fire deal.

And a surveillance video suggests the suspected Denmark gunman may have acted drunk to avoid suspicion as he approached a Copenhagen synagogue where a guard was shot and killed.

The measles outbreak is getting worse. The Centers for Disease Control confirms 141 cases in 17 states since January 1st.

We're always updating the five things to know, so go to newdaycnn.com for the very latest.

Chris.

CHRIS CUOMO, CNN ANCHOR: All right, Alisyn.

An award winning actress discovers she has ADHD after her daughter is diagnosed. So now Wendy Davis of Lifetime's "Army Wives" wants the millions of people living with ADHD to know they are different not defective. Dr. Sanjay Gupta has her story in "The Human Factor."

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT (voice-over): Defective, that's how Wendy Davis labeled herself growing up.

WENDY DAVIS, ACTRESS: Had a tough time staying seated in class. Always found the window next to my desk and the things that were happening outside of the classroom far more interesting. So I just knew that something was different. GUPTA: It wasn't until Davis' first grade daughter was diagnosed with

ADHD decades later that she discovered she had it as well.

DAVIS: My entire childhood was explained in that moment.

GUPTA: Despite not knowing she had the disorder until she was an adult, Davis did find ways to manage her challenges.

DAVIS: I became a person who studied twice as hard as anyone else. Just became super diligent in the areas that I was interested in.

GUPTA: For Davis, that was acting. She did find success on TV.

DAVIS: We need to get something straight.

GUPTA: With her award nominated role on Lifetime's "Army Wives" and with parts on shows like ABC's "Scandal."

DAVIS: I have a vivid imagination. Also I'm very emotional. This may not be such a great quality, let's say, in a corporate office, but it really just works in my profession.

GUPTA: Now the actress is passing along her positivity. She volunteers for the non-profit organization CHADD, which provides education and support for people with ADHD.

DAVIS: I'm really here for those kids who aren't feeling good about themselves to say that you are different, not defective. You can create an amazing life for yourself.

GUPTA: Dr. Sanjay Gupta, CNN reporting.

(END VIDEOTAPE)

CAMEROTA: Great message there.

All right, well, prosecutors have rested their case in the Chris Kyle murder trial. Now the defense will have to convince a jury that Eddie Ray Routh suffered from mental illness when he murdered the American sniper and his friend. We'll bring you the very latest.

CUOMO: And hundreds of thousands of people are lining up for a one way ticket to Mars. That's right, one way. Two of the Americans training for the trip are going to join us to explain. And they need to explain.

(COMMERCIAL BREAK)

CUOMO: Welcome back to NEW DAY. Today the defense team takes center stage in the American sniper murder trial as it tries to prove that Eddie Ray Routh did not know right from wrong when he shot and killed Chris Kyle and Chad Littlefield. How will they do it? Can they do it? How did it stack up against what we saw from the prosecution already? We have people to give us some great insight. CNN legal analyst Sunny Hostin, a former federal prosecutor, and Paul Callan, senior partner at Callan Legal, former NYC homicide prosecutor and a criminal defense attorney.

Thank you to you both.

All right, so the big moment, because the jury got to see it. The jury likes to see, likes to hear from the defendant directly. He's in the back and he's saying things about being schizophrenic. He's saying that he doesn't know what's going on. Why would the prosecution put this on?

PAUL CALLAN, CNN LEGAL ANALYST: Well, first of all, the prosecutor knows it's going to be brought out by the defense, so there's no point in trying to hide it.

CUOMO: This is like the confession and everything else. Let me put it out there. Let me define it.

CALLAN: I'm going to put it all out there. And the jury, in the end, though, is going to be asked to pluck certain points from these rambling confessions. The one point being, he always comes back to the fact that he seems to know the difference between right and wrong. He says, I know I was wrong at one point in time. He's constantly coming back to that. With a lot of rambling, a lot of incoherent stuff, but the prosecutor says the whole picture is a man who understands what he's doing.

CUOMO: Paul relies heavily on the distinction between mentally ill and legally mentally ill for the purpose of this crime.

SUNNY HOSTIN, CNN LEGAL ANALYST: Yes.

CUOMO: Do you think that's something that the jury will pick up on?

HOSTIN: I think so. I mean they're going to be instructed by the judge. And the bottom line is, insanity really is a legal construct when you're talking about a trial. So, yes, is this defendant mentally ill? We know he's got a long history of mental illness. The question is, was he illegally insane, insane enough under our legal construct to be found not guilty by that insanity.

CUOMO: Do you think him saying what he says in the back of that car is enough to get them there all by itself?

HOSTIN: No, it certainly isn't enough. But, you know, I -- as lawyers, we're all talking about sort of the legal construct. I think when the jury goes into the jury room and they're dealing with mental illness, they put their common sense hat on and they think, is this a guy who is insane in the sense that we all think about it. So while they apply the law, I've got to tell you, insanity defenses are never -- they're just rarely successful.

CALLAN: Yes, I don't mean to get away from --

HOSTIN: But in this case, I think they've got a really good shot at it.

CALLAN: You know, I don't mean to get away from the board, but on this point, I think it's very important for people to understand, jurors in these cases, when they're looking at insanity, I think they're looking at, if this guy gets out, is he a danger to me or my family? And look at the kind of people who get away from insanity. Andrea Yates, she killed her kids. Her kids are all dead. She's not going to endanger your kids. John Hinckley shot the president of the United States. He's not going to shoot me, he's only shooting the president of the United States. But this guy, Routh, he's capable of shooting anybody and I think that's going to make his defense come -- a difficult one.

CUOMO: That might mean he -- but that means that he could have to be kept in a hospital?

CALLAN: Well, the jury's going to be afraid he's going to be on the streets though.

HOSTIN: Well, you know, and, to your point, I mean I think that's a good one. But the bottom line is, a good defense attorney is going to get in front of this jury and say, this is not a who done it.

CUOMO: Right.

HOSTIN: We know he did it. He confessed to it. This is about the why and this is about whether or not he should spend the rest of his life in prison or whether or not he should spend the rest of his life in a mental institution. Ladies and gentlemen of the jury, he's never getting out of a mental institution. And Hinckley hasn't really gotten out of a mental institution, right?

CALLAN: Yes, but I don't think jurors believe that. They don't think they're going to get out.

CUOMO: You're a prosecutor.

CALLAN: Yes.

CUOMO: You're both prosecutors.

HOSTIN: Sure.

CUOMO: But you're a federal prosecutor. They come out and they say, hey, look at these vials of crack that this guy had. We put them in as evidence. Not his -- methamphetamine, not crack. I don't know, I keep confusing them today. Not his methamphetamine.

HOSTIN: Yes.

CUOMO: The defense says, we want a mistrial. The judge says, no, I don't think so. What do you think of that one? Do you think the prosecutors knew what they were doing there or do you think it's just an error? What do you think?

HOSTIN: Well, I hope not. I'm hoping that it's just an error. I don't think prosecutors go out there to make those sorts of mistakes intentionally. But that's sort of issue number one on appeal, right? If he does get convicted and put in prison, if I'm the defense team, I'm going to put that up there because it's so important to an insanity defense.

CUOMO: Why was the judge so quick on it? The judge was like, no, no mistrial.

CALLAN: No mistrial because I think the Supreme Court has said, we don't have perfect trials. We try to get a fair trial. And you get a curative instruction. The jury was told it's a mistake. They're not going to hold it against him if it's -- when the deliberate.

HOSTIN: That's a big one though. It's a big mistake.

CUOMO: So the prosecution comes in, they do a quick case. They lay it out there. They turn it over now. What does that do in terms of the defense? The prosecution put in the confession, put in all like the good stuff that supposedly shows that Routh isn't of right mind.

HOSTIN: Yes.

CUOMO: So now what does the defense have to do?

HOSTIN: It is a quick case and it's a lean case. You know, five days of testimony. We see these cases that are months and months of testimony.

CUOMO: Too lean or lean?

HOSTIN: I think -- I think lean.

CUOMO: OK.

HOSTIN: And I think that's the appropriate way to do it because you're sort of on the offense as a prosecutor. You put all this stuff in. This is a defense case because it's an affirmative defense, right? The defense has to prove that he was insane. So if you're a prosecutor, you want to sit back, you want to see what the defense does and then maybe again put forth some evidence in your rebuttal case.

CUOMO: Just because they're done doesn't mean it's over. They can always, obviously, come on and engage the defense case.

HOSTIN: It's certainly not over. But I think it's the defense's case to lose at this point.

CALLAN: I think their -- and I think it was a little too lean, actually, but they're depending on the movie because people know Kyle was a hero from the movie, so they didn't develop the victim's life in the way they normally would in another, less famous kind of case.

CUOMO: Sunny says it is the defense's case to lose at this point. How -- what's the other side of that given how narrow Texas law is when it defines legally sane?

CALLAN: Well, the prosecutor, you know, has got the right to call his own psychiatrist. Remember, the defense will call a psychiatrist to say he fits the insanity definition in Texas. He's schizophrenic. He doesn't understand the difference between right and wrong. Now the prosecution is going to step in and they'll fill in all of the holes in their case and show one thing, he knows the difference between right and wrong and in between the lines they're trying to send a message to the jury, don't let this guy out. He's dangerous to society in general.

CUOMO: And, you know, I'm probably leaning too heavily on the process here and I keep leaving out something that may matter most of all. Yes, this guy was a veteran. He served the country. And it quite possibly messed up his mind and his heart. He killed Chris Kyle, who was widely regarded as an American hero, and this other guy, Chad Littlefield, who was trying to do the other thing and help veterans. Could that alone, in that jury, having that in their head about the lives that were taken, not really want to hear anything else?

HOSTIN: You know, I think certainly it's going to play a part in it. There's no question. I've seen the movie. You've seen the movie. Everyone's seen this movie. But a good jury can put that aside. I think we've got a good jury here.

And I think you've got to also remember, this defendant was a Marine. Chris Kyle was devoting a lot of his life to helping Marines. And so if you're a good defense attorney, you get up there and you say, you know, this guy need help. Chris Kyle was there to help him and let's help him now. I think you can sort of change the dynamic in the courtroom because he's -- this -- you know, isn't this defendant worthy, as an ex-Marine, of some empathy, of some (INAUDIBLE)?

CALLAN: So I agree with Sunny. I think they're going to try to get Kyle to reach out from the grave to help the defense by saying, hey, he's a guy Kyle was trying to help. Now it's the jury's time to help.

HOSTIN: And can I just say one quick thing? I think what's going to be very, very important in this case is the text message that Chris Kyle sent saying, "This guy is nuts." That was right at the time of this encounter. I just can't imagine that Chris Kyle, the victim, recognized that there was some sort of psychosis going on and the jury is going to disregard that.

CUOMO: Nuts can mean different things to different people. Paul Callan, thank you very much. Sunny Hostin, as always.

And, again, tonight we're going to have more on Chris Kyle's life and the legal fight to seek justice here. It's called "BLOCKBUSTER, THE STORY OF AMERICAN SNIPER". You can watch it tonight, 9:00 Eastern on CNN. Alisyn and I will be there with you.

Alisyn?

CAMEROTA: OK, Chris.

Dozens of Americans trying to get a one-way ticket to Mars. We're not kidding about this. They're planning to go to Mars, but why? You have to stick around for this next story. We're talking to two potential Mars travelers ahead.

(COMMERCIAL BREAK) CAMEROTA: If you've ever fantasized about getting away from it all, here's your chance. 33 Americans now one step closer to doing that by taking a trip to Mars. Their mission is set to lift off in the year 2024, and it will bring two dozen lucky people to the red planet. But there's only one minor catch, it's a one-way trip.

Two potential future Martians join us now. Chris Patil and Sonia Van Meter join us this morning. Great to see you two crazy space travelers. Wow!

CHRIS PATIL, FINALIST FOR ONE-WAY TICKET TO MARS: Great to see you, too.

CAMEROTA: OK, Chris, why do you want to go to Mars?

PATIL: Well, Alisyn, I think there are a lot of great reasons to go to Mars. If I had to choose one, I would say that it is that, on Mars, we can answer scientific questions that we cannot answer directly on Earth. The most important of which is are we alone in the solar system and the universe? Mars was once a warm, wet world, a lot like Earth, but it became dry and cold. When it was warmer and wetter did it ever foster life? And if so, is that life still there?

We've been exploring the planet for almost 40 years using robotic probes and from orbit, but I think there's no substitute from putting human boots on the ground, putting human scientists there, being able to touch the soil, analyze it directly, and answer a fundamental question we've all always wondered about.

CAMEROTA: OK, Sonia, 200,000 people applied for this opportunity. You are one of the 100 finalists. Why do you want to move there permanently?

SONIA VAN METER, FINALIST FOR ONE-WAY TICKET TO MARS: This is an opportunity to become part of a legacy that stretches from Christopher Columbus and Magellan all the way to Neil Armstrong and Buzz Aldrin. Mars is going to be the next giant leap for mankind. I can think of no more noble or exciting endeavor to be a part of.

CAMEROTA: Sonia, I read that, as a child, your parents, one of the only shows they let you watch was "Star Trek". Do you think this is the origin of your interest in space travel and moving to Mars?

VAN METER: Without a doubt. It was a -- it was a remarkably informative show for me as a child, and I think what I loved most about it was that the space exploration, totally fabulous, but it was always about a team effort. It was always about rising above hurdles and obstacles, working together, and being the very best versions of ourselves. And I feel like space exploration gives us the opportunity to be the best versions of ourselves.

CAMEROTA: Chris, the trip is ten years from now. How are you preparing?

PATIL: Well, in some ways, like Sonia, I'd like to think I've been preparing my entire life. I wanted to be a scientist starting at a very young age, around 9. And I was inspired by the pictures from the Viking landers when I was 9 years old. And I've always dreamed of going to Mars.

But, now, as an adult, what I'm doing is I'm learning everything I can about the prospect of going to Mars, thinking very hard about the kinds of science that have been done there and what kinds of scientific questions we can uniquely answer with a human presence. Over the next ten years, of course, the program intends to train the astronaut candidates in the operations of all the technical systems that we'll be using once we're en route and then on the Red Planet. That includes everything from how we make our air and water from the soil to how we grow our own food, to how we suit up and get out into Martian soil and and explore and ask scientific questions.

CAMEROTA: Now, Sonia, you do realize this is a one-way ticket, right? You're not coming back. Won't your husband and stepkids miss you?

VAN METER: Undoubtedly. But my husband and my children are my loudest supporters, my greatest champions. I would not be doing this without their full-throated and full-hearted support. I'm incredibly grateful to them for affording me this opportunity. And I look forward to making them proud.

CAMEROTA: You know, Mars is minus 80 degrees. You guys both packing your parkas?

VAN METER: Oh, yes.

(LAUGHTER)

CAMEROTA: Sonia, Chris --

PATIL: I think they're calling them a Mars suit.

CAMEROTA: A Mars suit. Yes, you will be wearing a lot of that and eating Mars bars. You guys are great. Congratulations on being finalists and thanks for sharing the adventure with us. We will check back in with you during the next ten years.

PATIL: Thank you so much.

CAMEROTA: OK.

VAN METER: Thank you.

CAMEROTA: Thanks so much.

Would you go to Mars if you had the chance? Tweet us at @newday or go to facebook.com/newday.

Over to Chris.

CUOMO: I think it's the "and you don't get to come back" part that I think really confuses that situation.

All right. So a baker on the verge of closing her shop, business was tough. She goes from making muffins though to saving lives, and that's why she is the Good Stuff. Tasty.

(COMMERCIAL BREAK)

CUOMO: Time for the Good Stuff. Today's edition is baker Leslie Fiet. Bake shop, Salt Lake City, struggling. Business was slow. Two break-ins. She was at the end of the line, but --

(BEGIN VIDEO CLIP)

LESLIE FIET, BAKER: Karma comes in threes, and since the first two karmas came and they were very bad, I said I should be getting a very good big karma thing to come along.

(END VIDEO CLIP)

CUOMO: Alisyn tells me that all the time -- karma comes in three. And it did come in threes in the form of 3-year-old Bella Martinez. A few days ago, Leslie looked outside her shop. She saw a car out there. Turns out it was the subject of an Amber Alert. Leslie not only heard but remembered the car with Bella in it had been abandoned by a carjacker. Leslie busted her out of the car, comforted her with, what else, cupcakes, that's what she had. Thanks to Leslie, Bella was saved and so was Leslie's business once people learned about what she did. Started coming to the shop.

CAMEROTA: That is a good, good stuff.

CUOMO: Thank you very much.

CAMEROTA: Well done.

CUOMO: Tasty, indeed.

Time for the news at the "NEWSROOM" with Miss Carol Costello.

CAROL COSTELLO, CNN ANCHOR: That is a good, good stuff.

CUOMO: There you go.

COSTELLO: Have a great day.

"NEWSROOM" starts now.