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A New Law Allows Concealed Firearms in Public; California Drivers Must Use Hands-Free Device with Cell Phones; Joe Horn Not Being Charged for Killing Suspected Burglars; Sunscreens Not Providing the Right Protection?

Aired July 01, 2008 - 09:00   ET


TONY HARRIS, CNN ANCHOR: And good morning, everyone. You are in the CNN NEWSROOM. I'm Tony Harris.
HEIDI COLLINS, CNN ANCHOR: Hi there, everybody. I'm Heidi Collins.

See events come into the NEWSROOM live on Tuesday morning, the first day of July. Can you believe it? Here's what we're talking about today.

Concealed firearms on public transportation, in parks and even some restaurants. New laws drawing fire.

HARRIS: A homeowner shoots and kills two suspected burglars. Now a Texas grand jury refuses to indict. Legal fallout ahead.

COLLINS: You slather it on but are you getting slammed? Scammed, that is. Sunscreen or smoke screen? Coming up in the NEWSROOM.

HARRIS: You know there are a lot of new laws taking effect across the country today. One allows people in Georgia to take guns into restaurants or on trains and buses. And some people aren't very happy about it.

Brooke Baldwin joins us from Atlanta.

Brooke, good morning to you. What kind of reaction to the new law are you hearing this morning?


I think so far it's split, 50/50. Some people say, you know, this is sending a message that, you know, carrying guns on MARTA not at all very smart. Other people saying, you know what, these are honest citizens and if they actually have a concealed weapon permit, well, then they can certainly protect themselves.

So now not only just a breeze card -- with a breeze can you get on MARTA, you can actually carry a handgun. You can carry a weapon. You can conceal it. But just to preface all this, this has been a bill that was hotly contested really over two years and it only passed -- Governor Sonny Perdue signed this into law in the final hours on May 14th. But a lot of people are split. As you mentioned, I want to introduce you to two passengers so we can hear directly what they're saying.

This is Ben Yaun, and you were saying what about this new bill, this new law?

BEN YAUN, COMMUTER: I think you pretty much said it yourself. As long as they're tax paying citizens and they're -- a thorough background check is done, the federal government has done their job. I think anyone should be able to carry a gun if they're licensed to.

BALDWIN: So you're all for essentially the Second Amendment?

YAUN: Yes. Definitely so.

BALDWIN: OK. But you are disagreeing with that. If you know someone, if they actually have a permit, you're saying it doesn't matter. You do not feel safe?

MARQUISE STEWARD, COMMUTER: No. I mean I've been riding MARTA for only a couple of weeks now and there's been so many instances that happen on the train and so many people get upset so many times, and I think if they have access to a gun, it would be -- you know, more instances where people, you know, shot on the train.

You hear people fighting on the train. So many people are upset. And this is the last place to have a gun anywhere. I mean, I feel that way but...

BALDWIN: Maybe that it might be sort of tempting fate?

STEWARD: It is tempting. It's very tempting. Very tempting.

BALDWIN: Well, we should tell you that MARTA officials, MARTA police were actually against this. They were lobbying against it but Georgia state lawmakers won out but the MARTA police chief actually did say that other cities with similar laws have not seen an increase in any kind of violent crime on public transportation.

So that said, Tony, we should also tell you that House bill 89 not only allows people with these concealed weapon permits on board trains, on board buses, but also in restaurants.


BALDWIN: You're not allowed to drink if you are carrying a weapon but you can take a gun or some kind of weapon in a restaurant. You can also enter state parks.

Still a lot of questions now as to how far this would actually be enforced. If there would be a kind of random check. You know we were talking to MARTA police early this morning...

HARRIS: That's right.

BALDWIN: ... and so they're just kind of waiting to see how this whole thing plays out.

HARRIS: Yes. And Brooke, we should tell everyone that we're going to sort this out a little bit more with the state representative Tim Beardon, who is the author of this new law. We're going to talk to him next hour here in the NEWSROOM.

And also, about the potential show down that he is going to be a part of -- maybe -- at Hartsfield/Jackson International Airport later today. That is next hour.

Brooke Baldwin with us from MARTA station here in Atlanta. Brooke, good to see you. Thank you.

BALDWIN: Thank you.

COLLINS: Florida is another state with the new law that's coming under fire. Beginning today, you can bring your gun to work as long as you leave it in the car. Specifically, the law allows workers and customers to keep guns in their cars when parked in lots owned by private and government employers. It's being challenged in court.

And one other note, Illinois and Wisconsin are the only states that do not permit carrying a concealed weapon. Most states allow it under certain circumstances as long as you have a permit.

HARRIS: And starting today, California drivers must use a hands- free device with cell phones but what about the other driver distractions? Can you still text?

Here's CNN's Chris Lawrence.


CHRIS LAWRENCE, CNN CORRESPONDENT (voice over): Technology is already outrunning California's new hands free law. It forces adult drivers to put down their cell phones when talking but doesn't stop them from texting.

When the bill was first proposed seven years ago, texting wasn't all that popular.

NICOLETTE WHITTEN, CALIFORNIA DRIVER: People now text more than they talk, I think -- younger people. So like my sister is a big texter so she won't buy hands free. She'll just text people instead, which is words.

LAWRENCE: Anyone under 18 years old is banned from talking or texting like in this YouTube video.

North Carolina passed a similar law two years ago but a recent study found it did not stop teenagers from texting. Even police admit it will be hard to enforce in California.

WHITTEN: I don't know how they would be able to catch you, like making a law saying you can't text on the phone. You know you can't really see if somebody's doing that. LAWRENCE: It's a $20 fine for a first offense, $50 for a second. But a driver who ignores the law and causes an accident could face huge civil judgments or even jail.

But some critics say it's not enough.

STEVEN BLOCH, AAA RESEARCHER: Hands free is not risk free.

LAWRENCE: Sociologist Steven Bloch monitors driving habits for AAA. He says just talking causes inattention blindness where drivers focus straight ahead.

BLOCH: Well, it cuts down on peripheral vision tremendously. People simply can't see to the side.

LAWRENCE: The CHP says cell phones were a factor in nearly injury 600 crashes two years ago. The state expects the hand free law to save lives.

But some are wondering how far the government will go to legislate good behavior.

TOM OWEN, CALIFORNIA DRIVER: What's next? May I have coffee? Can I drink my coffee in my car? Am I going to be able to do that? Maybe not.

LAWRENCE (on camera): But that's the thing. You still can. Put on your makeup. Flip through a play list on an iPod. The new law doesn't specifically ban any of it, even reading the paper.

Now some of this is vaguely covered by negligence laws, but like texting, it's not inherently illegal.

(Voice over): Chris Lawrence, CNN, Los Angeles.


COLLINS: Firefighters are making slow progress against wildfires in California. There are still more than 1,000 fires burning right now and with so many fires, crews have to pick and choose which ones to fight.

Resources are being moved to residential areas now while some fires deep in forested areas are being allowed to burn even with an increased fear of fire -- Governor Arnold Schwarzenegger has decided against a ban on Fourth of July fireworks.

HARRIS: Well, let's find out if weather conditions will help firefighters get a better handle on things.

Rob Marciano is in the CNN Severe Weather -- Rob, good morning, sir.


COLLINS: Yikes. Yes. Hopefully not, and hope it'll stay right out there in the middle of kind of nowhere.



COLLINS: All right, Rob. Thank you.

MARCIANO: See you guys.

COLLINS: A 911 call documenting one man defending his neighbor's property with deadly force. Here what a Texas grand jury has to say about it.


HARRIS: Welcome back, everyone, to the CNN NEWSROOM. I'm Tony Harris.

Does this voice sound familiar?


UNIDENTIFIED IMPERSONATOR: Sure, gasoline is over four bucks a gallon and the oil companies are making record profits? But what's good for big oil is good for America, right?



COLLINS: Three crime stories making national headline this morning.

In Maryland, a homicide investigation now under way into the death of a suspect charged with killing a police officer. 19-year-old Ronnie White was found dead in his jail cell. He'd been strangled and asphyxiated. White was accused of running over and killing a police officer during a traffic stop.

The army joining the police investigation into the killing of a pregnant soldier in North Carolina. The body of specialist Megan Touma was found in a motel room bathtub. A self-described serial killer sent a letter to a newspaper claiming responsibility for the killing. Police are skeptical.

And an Illinois man is charged with possessing an illegal toxin. The FBI raided Edward Bachner's home. The toxin found in puffer fish can produce rapid and violent death.

HARRIS: Protecting his neighbor's property, a Texas man kills two suspected burglars. Now a grand jury's decision he will not face charges. The shooting happened last November while Joe Horn was on the phone with an emergency operator.

Here's some of that 911 tape.


UNIDENTIFIED 911 OPERATOR: I don't want you going outside, Mr. Horn.

JOE HORN, NEIGHBOR: Well, here it goes, buddy. You hear the shotgun clicking and I'm going.

UNIDENTIFIED 911 OPERATOR: Don't go outside.

HORN: Move, you're dead.


HARRIS: The case sparked controversy and a lot of protests.

The CNN senior legal analyst Jeffrey Toobin talked about the case and the grand jury's decision with our Anderson Cooper.


JEFFREY TOOBIN, CNN SENIOR POLITICAL ANALYST: Under the law of Texas, he had the right to shoot somebody if they were on his property, if they were threatening his property. He did not have the right to shoot someone on his neighbor's property or to protect his neighbor's property. The grand jury said it was OK.

ANDERSON COOPER, CNN ANCHOR: What about -- what's this castle law?

TOOBIN: Well, the castle law relates to a change. It just happened last year in Texas. The law used to be...

COOPER: Before this case?

TOOBIN: Before this case.


TOOBIN: And in fact, Joe Horn actually made a reference to it...

COOPER: Right.

TOOBIN: ... in the 911 call.

The law used to be that you have a duty to retreat, not to shoot, if a reasonable person would retreat. They took the reasonableness relate -- requirement out of the law. So you simply have an absolute right to shoot if someone's on your property now. That's the Texas law.

COOPER: And he actually did mention this castle law in the conversation.

Let's just play that clip from the 911 tape.

(BEGIN VIDEO CLIP) HORN: That I have a right to protect myself, too, sir, and you should understand that.


HORN: And the laws have been changed in this country since September 1st and you know it and I know it.

UNIDENTIFIED 911 OPERATOR: I understand that.

HORN: I have a right to protect myself.


COOPER: So you can -- if they are on your property, you can shoot.

TOOBIN: If -- to protect yourself, yes.

COOPER: To protect yourself. But what about in the piece it said if you were asked to protect your neighbor's house...

TOOBIN: That is also a possibility. But it's -- it doesn't appear like he was ever asked to protect this house. I think the factual dispute that what was before the grand jury was where the two individuals, the two victims really were. Were they on his property or the neighbor's property?

COOPER: But he made a point in saying when he came back in the house that they were on his property.

TOOBIN: Right. But I think that is not entirely clear.

COOPER: And the fact that they were shot in the back, does that matter? Apparently not.

TOOBIN: It didn't matter to the grand jury.

COOPER: Right. And is there a possibility of a civil lawsuit against him from the families of these two men?

TOOBIN: You know one of the best known facts about this case now is that the two men who were shot were illegal immigrants. That technically had no -- it shouldn't have had a bearing on the case. It might have. But their estates are not going to be able to sue because they were illegally in the country. So I don't think there's any realistic possibility.

COOPER: So because they're illegal to the country, they -- they're -- no one's able to sue?

TOOBIN: No one is going to be able to sue unless the estate in Mexico or -- I think it's Mexico, or perhaps the Dominican Republican -- can get -- leave to file a lawsuit in Texas. I think it's so remote a possibility as to be not meaningful.

So I think Joe Horn -- he's off the hook criminally. He's off the hook civilly.

COOPER: Are there a lot -- other states that have this same law?

TOOBIN: More than you think. It's about six of them do.

COOPER: Right.

TOOBIN: Have -- none of them are identical but have laws like this. And you know, this is just like the Supreme Court decision last week where, you know, the country's changed, that the right to bear arms is being taken more and more seriously by more and more governments.

Now the constitution -- the Supreme Court is recognized a right to it. You know, I think many of us who live in the northeast, who live in cities, find this story bizarre. A lot of people who are in Texas and in other parts of the country say, look, the way to stop crime to give homeowners guns.


HARRIS: Horn's attorney says his client never wanted to hurt anyone. He says Horn was scared.

Here's a closer look at Texas state law now.

Section 942 of the Penal code states a person can use deadly force to prevent someone who is fleeing after a burglary from escaping with the property. And Section 943 says deadly force is justified if the person reasonably believes he has a legal duty to protect a third person's property.

COLLINS: A tough economy hits home for thousands of Chrysler workers. Cuts at two plants, "ISSUE #1" in the heartland.


COLLINS: Quickly want to show you some pictures that we're getting in from our affiliate there, KABC. This is Los Angeles County, to be specific, Irwindale, California.

A train derailment. We see four cars here that apparently have derailed. And all of this according to CNS and also the Associated Press. Happened about 3:30 this morning. As I said, L.A. County.

And apparently the bad news here -- or at least something to be concerned about -- is that one of those cars is leaking a -- some type of substance. We don't know what it is. It is at this point a, quote, "an unidentified substance." So, obviously, Hazmat crews are there just in case, trying to figure out what made the leaking.

No injuries reported at this time but, as I said, they are still trying to figure out what it is that is leaking from that car. We'll keep our eye on it for you.

HARRIS: Presidential candidates tackle law and order, religion and faith here.

Here's a look at the headlines.

John McCain focuses on fighting crime in a speech before the National Sheriffs' Association, that's in Indianapolis. That's coming up at 11:00 a.m. Eastern Time. And later, McCain leaves on a trip to Latin America to talk trade.

Former president Bill Clinton speaks by phone with Barack Obama. The Obama campaign says the two talked for about 20 minutes. A Clinton spokesman says Clinton wants to campaign with and for Obama.

Barack Obama talks religion and reaches out to evangelical voters in a speech today in Gainesville, Ohio. He is expected to call for expanding faith-based community programs initiated by President Bush.

And not backing down. Retired General Wesley Clark defends his comments about John McCain. Clark says McCain's experiences as a Navy pilot and prisoner of war don't necessarily qualify him to be commander in chief t. The McCain camp accused Clark of attacking McCain's war record. Obama issued a statement rejecting Clark's comments.

We will bring you John McCain's speech before the National Sheriffs' Association live right here in the NEWSROOM. It is set to begin at 11:00 a.m. Eastern, at 8:00 Pacific.

COLLINS: Democrats target 13 incumbent Republicans in radio ads this week. The topic, high gas prices. The voice, seemingly presidential.

Here's CNN's Kathleen Koch.


KATHLEEN KOCH, CNN CORRESPONDENT (voice over): When President Bush used an impersonator at the 2006 White House Correspondents Dinner it was all in good fun.

STEVE BRIDGES, BUSH IMPERSONATOR: How come I can't have dinner with the 36 percent of the people who like me?

KOCH: But the GOP is not laughing now as Democrats borrow the tactic to level a political charge that Republicans have done nothing about high gas prices.


UNIDENTIFIED BUSH IMPERSONATOR: W. here. Wanted to thank you for your support of the big oil energy agenda. Sure, gasoline is over four bucks a gallon and the oil companies are making record profits, but what's good for big oil is good for America, right?


KOCH: In the radio ad, the Bush impersonator calls each of 13 incumbent Republicans in districts around the country.

The Democratic Congressional Campaign Committee is spending more than $100,000 for it to run Monday through Friday.

The White House has no response. Republicans including a New Jersey congressman who's among those targeted have less than a problem with the impersonator and more with Democrats who control Congress, saying Republicans are at fault for failing to help American drivers.

REP. SCOTT GARRETT (R), NEW JERSEY: What do we get out of the Democrats? Well, we get Nancy Pelosi flying her private jumbo jet back to -- back to California and putting Congress on recess with no resolution to the energy crisis. And now we get attack ads.

KOCH: Democrats insist it's a fair tactic that makes a valid point.

REP. CHRIS VAN HOLLEN, DCCC CHAIRMAN: We think it is important to give credit where credit is due. After all, these are the Bush/Cheney policies. They have been enabled by their allies in the House and the Senate.

KOCH (on camera): With polls showing gas prices are Americans' top concern you can expect more such ads. As a matter of fact, the conservative group Freedom's Watch Tuesday releases radio ads in 16 districts charging Democrats with making matters worse by voting against more domestic oil exploration and production.

Kathleen Koch, CNN, Washington.


HARRIS: Investors lose almost -- can you believe this? -- a trillion and a half. I can't even fathom what that number -- what does it look like? It's a big word. A huge number.

COLLINS: Lots of zeros.

HARRIS: Lots of zeros. Boy, that's since June alone. Now it's July. Start of the third quarter. What will happen?

The opening bell in minutes right here in the NEWSROOM.


HARRIS: Bottom of the hour. Welcome back, everyone, to the CNN NEWSROOM. I'm Tony Harris.

COLLINS: Hi there, everybody. I'm Heidi Collins.

Getting ready to listen, hear, the opening bell today. Maybe it will be a good day. Stock market -- who knows?

HARRIS: We can use one.

COLLINS: You know it's good how they're starting it anyway, at least in my opinion. We're going to see some...

HARRIS: What do you mean by that?

COLLINS: ... from HGTV getting ready to ring the bell. We see Rachel Ray there. And I think you see -- oh look, there he is, Carter Oosterhouse. Yes.

HARRIS: What is it that I hear in your voice when you...

COLLINS: Carter Can. Well, we're going to talk...

HARRIS: ... when you say his name, though? I hear something there.

COLLINS: He's a Minnesota thing.


COLLINS: From Oosterhouse. But we're going to talk with Vern Yip a little bit later on today. He's got a new show coming up also with HGTV.

There it is. The opening bell.

Susan Lisovicz -- she's standing by to talk more about the real numbers.

We're very excited over here, Susan. We've got lots of stuff coming up later on in the show.


COLLINS: Talking about the economy again.

LISOVICZ: Good morning, Heidi and Tony. We have Rachel Ray may have rung the opening bell, but I have some unappetizing news for you. We're expecting possibly a rough day for the beginning of the third -- third quarter. The Dow fell for the third straight quarter that we've wrapped up the second quarter.

The Dow lost nearly 7.5 percent. The S&P 500 -- many mutual funds track the S&P 500, lost three percent. The NASDAQ managed to add half a percent. Many tech companies are able to offset weakness in the U.S. economy with stronger growth overseas.

We've been telling you, the Dow lost 10 percent in June. That's the worst since the great depression. Major culprit remains oil. Crude jumped $40 alone in the second quarter. We saw long streak of how that trickled down to consumers with setting the records for gas prices. Third quarter -- well, kicking off with more of the same.

Oil is back up today around $142 a barrel. GM and Ford are expected to post double digit percentage drops in monthly sales today. Financial Times says the U.S. car market is heading for its worst year in more than a decade. And GM shares near a 54-year low yesterday. More concerns about credit crunch. Lehman fell 11 percent yesterday. And right now, if you can check the big board again, the Dow is down more than 100 points or one percent. The NASDAQ is down one percent. The S&P is down .75 percent. Many analysts say the second half of the year will be better but -- well, we're not off to a good start in the first minute and a half of trading -- guys?

COLLINS: Yes. We are now down to 108 or so. All right, Susan, we're going to follow this all day long.

LISOVICZ: I'll be back.

COLLINS: I know you will. All right, thanks, Susan.

HARRIS: Susan mentioned it just a moment ago. There's (INAUDIBLE) in repeating. You know, June could be the month that Toyota overtakes GM in monthly U.S. sales. Automakers release their sales figures today. Industry analysts are predicting another double digit drop. Buyers are steering clear of big vehicles due to -- well, you guessed it. You know it. You're living it. The sky rocketing gas prices.

COLLINS: So gas prices up, auto sales down. Chrysler taking that hit closing one plant in St. Louis and cutting shifts at another. Devastating news for more than 2,000 workers.

More now from Jasmine Huda of affiliate KFDK in St. Louis.


JASMINE HUDA, KSDK CORRESPONDENT (voice-over): A sad, slow exit for a long-time employees.

UNIDENTIFIED MALE: How long I've been working here? I've been working for 37 years.

UNIDENTIFIED MALE: Fifteen years. Going on 15 years. I would have loved to have retired from here.

UNIDENTIFIED MALE: Twenty-four years, so kind of devastating.

HUDA: It was a painful announcement for nearly 2,500 Chrysler employees in Fenton. By the end of the year, the north plant will go from two shifts to one, and the south plant, the Minivan Gateway to the World will close as announced by the company's president.

VOICE OF TOM LASORDA, PRESIDENT, CHRYSLER: Indefinitely means we see no intent to rerun this plant.

UNIDENTIFIED MALE: We put out a good product. We at least try to put out a good product.

HUDA: The Chrysler officials say a good product is no match for sagging sales and a slow economy. Now, these employees say their futures are being taken away from them. UNIDENTIFIED MALE: We really didn't have any chance to really say anything. It's just a shock. They didn't tell us anything. They just said we had a meeting and that was that.

UNIDENTIFIED MALE: Peoples' lives, you know, you got the housing market now. Peoples' losing their homes, now they're going to lose their jobs? That's crazy.

HUDA: Chrysler officials softened rumors that the company would be breaking apart.

LASORDA: All hogwash. Absolutely not being considered at all. Absolutely no relevance and I don't even want to entertain that of course.

HUDA: But these employees who will be departing this fall have questions of their own. What happens next?

UNIDENTIFIED MALE: I don't think I'm going to keep living the dream, because it's not there, no more. Find something to do. The good Lord will take care of me.


COLLINS: Chrysler says it has no plans to reopen the minivan plant. No word on whether workers at the pickup truck plant could be recalled.

HARRIS: Madeleine McCann, a worldwide search. Is the case about to close? Prosecutors tell us they are deciding whether the investigation should continue. This, after Portuguese newspapers reported the case had hit a dead end and police were closing it.

Madeleine was almost four-years-old when she vanished during a family vacation in Portugal last year. Her parents say she was abducted. Police had named her parents and another man as suspects.

COLLINS: Crisis in Zimbabwe. A spokesman for President Robert Mugabe tells Western critics to, quote, "Go and hang." Many nations condemning last week's runoff. The U.S. wants more sanctions against the Mugabe regime.

CNN's Richard Roth has the story.


RICHARD ROTH, CNN SENIOR U.N. CORRESPONDENT (voice-over): Diplomats would love for this week's African Union Summit to come down hard on Zimbabwe leader Robert Mugabe. But the United States and other nations aren't counting on it. Washington has circulated a new resolution that would apply sanctions on the Mugabe regime.

Mugabe ignored the Security Councils' appeal for the presidential election to not take place due to a campaign of government-led violence. The proposed resolution would crack down on Zimbabwe in three areas. Impose an international arms embargo, slap a travel ban on those accused of ordering or helping in government instigated violence and start a financial assets freeze on organizers of political violence.

JOHN SAWERS, BRITISH AMBASSADOR TO U.N.: We certainly support increasing the pressure on the -- on those in Zimbabwe who are responsible for subverting the elections.

ROTH: President Bush has called the Zimbabwe elections a sham, but not all Security Council ambassadors who sat with him at the White House last week are ready to jump on the sanctions bandwagon. Several have concerns about interfering in a U.N. member countries own elections no matter how flawed. The U.S. sanctions drive is also aimed of shaking up Mugabe's leading supporters.

JOHN WASHBURN, U.N. ASSOCIATION ANALYST: One of the things that sanctions can do is to make people at the second or third level in the government think we don't need this guy anymore. He is too much trouble.

ROTH: The U.S. is telling reluctant countries that the Security Council can't remain silent since it already stated the election should not take place.

ZALMAY KHALILZAD, U.S. AMBASSADOR TO U.N.: I'm not saying that sanctions will change a situation immediately. But as I said before, certainly not doing anything and allowing him to thumb his nose at the United Nations Security Council is not going to be very helpful.

ROTH: The U.N. sanctions would expand on already in place British and European Union sanctions targeting dozens of members of Mugabe's family. It may take weeks before any resolution is voted on.

Richard Roth, CNN, United Nations.


HARRIS: Is your sunscreen getting smeared? New information before you hit the beach this summer. You're in the CNN NEWSROOM.


HARRIS: So Mr. Marciano, we are looking for some fingers crossed. Of course, some improved conditions in California for those firefighters there.

COLLINS: Yes. Are you there, Rob?

MARCIANO: Yes, I'm here.

COLLINS: OK. We've got like a thousand fires out there which we've been talking about for three days or so.

HARRIS: Should we page you first?

MARCIANO: Yes, maybe.

HARRIS: Should we text or --

MARCIANO: Why not? Just throw, you know, throw a little something there up on the P.A. Get me going here.

HARRIS: I can't resist.

COLLINS: It's your turn.


COLLINS: You know, he did it, so I can just leave.

It's July, by the way, in case you haven't notice. The first day of July, time for the beach or swimming pool, and we have all heard it a million times, time to lather up on that sunscreen. But a watchdog group claims four of five sunscreens actually don't provide the right protection.

So we brought CNN's medical correspondent Elizabeth Cohen here to talk more about this. What's the deal? I mean, that's horrible news.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Well, the deal is they've divided these sunscreens into good and bad.


COHEN: There are more bad than good. So let's start with the bad. This is according to the environmental working group which is an advocacy organization.

COLLINS: I have three of those.

COHEN: You've got three of these four? You're talking about heavy hitters. We're talking about Coppertone and Neutrogena and Banana Boat. For example, this Coppertone product right here, the environmental working group says that it doesn't have adequate UVA protection. And you need UVA and UVB, and also, it claims to bond to the skin and work even when you sweat. And these folks said -- no, not true.

And this Neutrogena product, similar problem. And that it doesn't protect UVA adequately, this group says. And in addition, the environmental working group says that it contains an ingredient called Oxybenzone. An Oxybenzone is a very controversial ingredient.

Some people like this group say that it can be toxic. That it can cause hormone problems. It's been linked to cancer. The FDA says that it's safe. Lots of dermatologists will tell you that it's safe, but that controversy is out there. Now, I want to tell you what these companies have to say about this.

COLLINS: OK, yes. It's only fair.

COHEN: As you can imagine, they're not so happy about it. Absolutely. Coppertone said that it rigorously tests all of its products in the lab and in the real world. And Neutrogena said that it's products had been embraced by dermatologists and consumers for their efficacy. The makers of Banana Boat did not respond to our request for a comment.

COLLINS: All right, I'm not happy. I really have use a lot of this. So it's a great report. What about the good? I imagine this was the good pile, yes?

COHEN: This is the good pile right here. And some of them are brand name and some of them are just plain old zinc oxide. The big thing is that they cover UVA and UVB and that they don't have Oxybenzone. But we have a list of things that you should look for when you're buying sunscreen. This is from the American Academy of Dermatology.

Get a brand that has UVA and UBV, SPF 15 or higher. Get a product that has the ingredient zinc oxide or titanium dioxide. Those are two ingredients you want to look for. And avoid insect repellant- sunscreen combos. I did not know this. But apparently there are ingredients in the repellant that makes the sunscreen not work as well.

COLLINS: Geez (ph), I bet.

COHEN: Something in there. And if you go to, we have a whole article about this and a place where you can put in the name of the sunscreen that you have and you can see what the environmental working group thinks about it.

COLLINS: OK. So just to be clear, these aren't the only good ones? There are several other good ones.

COHEN: Right. Several other good ones and several other bad ones. That's right.


COHEN: And not everyone agrees with this group. I mean, some people say they're alarmists and no one should listen to them. But we're giving you both sides.

COLLINS: Yes, definitely. All right. Well, how much do you need to be protected?

COHEN: You need a lot.

COLLINS: There's so much discrepancy about that.

COHEN: You know, some people, you put a little bit in your hand -- no. This is how much you need. You need a shot glass full.

COLLINS: Wow. Can you see that? There we go.

COHEN: A shot glass. So for example, when you -- you know, go to your bar, get a shot glass, bring it to the beach, fill it up and that's how much you need to put on in your body. Bigger people need even more. So it's a lot of sunscreen. So, you know, a bottle like this might not last you all that long.


COHEN: You might have to buy many of them. But you're only going to be protected if you put on a lot.

COLLINS: Wow. And we always think that that's a marketing ploy of some kind because they want you to keep on using their product and buying more and more and more.

COHEN: Right. But dermatologists tell us wear a lot.

COLLINS: All right, very good. Great, great advice here. We appreciate it. Elizabeth Cohen, our medical correspondent. Thank you.

HARRIS: Just in. You know, a lot of factors dragging down the market over the last couple of weeks and we just received information that oil, the price of oil is up again nearly $3 a barrel. That from yesterday's close of $140. So now we have light Swede crude for August delivery trading on the floor at $143.33.

Still a touch below yesterday's intraday high of $143.67. But who knows where the price of oil will go today?

Again, one of the factors dragging down the market. Let's take a look at the big board if we can here because at the open, not surprising. The Dow down in triple digit territory. We are down 97 points inside just the first couple of minutes, 15 minutes or so of the trading day. And the NASDAQ -- sir, what is that? The NASDAQ down 24. We are going to follow these numbers throughout the morning with Susan Lisovicz right here in the CNN NEWSROOM.

COLLINS: Ad nausea. Two actors unhappy with a foot care commercial, now suing the makers of the PedEgg. Our legal analyst weighs in.


HARRIS: We'll take you out to Crown King, Arizona. We're going to give you a mix of some live pictures and some taped pictures from just a few minutes ago. Firefighters are making some progress right now in managing a wildfire and keeping it from moving any closer to some homes in this northern Arizona community of Crown King.

But the bad news is that three homes have already been lost. The fire has charred about some 5300 acres near Crown King and has come within 500 feet of more homes. And I just want to share with you some of the comments from Prescott National Forest, a spokeswoman there.

And she says that a line of fire retardant between the fire and the nearest home seems to be holding back the flames at least right now. And crews are planning on building more fire lines. And so far, at least, that seems to be working, but three homes have been lost. As many as -- a number of other homes in this community are being threatened right now. We are going to keep an eye on this situation and give you an update as we get more information.

COLLINS: Well, no doubt you've seen the ad, especially if you watch this show. For the PedEgg and those nasty looking feet. Well, now, two people are actually suing not over the product but over their part in the commercial.

CNN legal analyst Sunny Hostin is live in New York this morning with more on this.

You know, we make fun of this commercial quite a bit. And then when we heard the news yesterday that the actors were very upset, we were stunned. This is a real case. And they're not kidding around. What is at the heart of it here, Sunny?

SUNNY HOSTIN, CNN LEGAL ANALYST: And it is a real case. At the heart of it is these actors are claiming that they were duped. That they had a verbal agreement with the ad agency and with the company that they would show up, they would be paid about $300 for a two-day shoot, that they would only be shown hand and feet, that they would receive this pedicure and manicure, and that the project was only going to be an Internet-only infomercial.

They're also saying, Heidi, that any -- they agreed that any other additional usage would be negotiated and that they would be compensated. Now they're saying that it was sort of a bait and switch. They're seeing it all over the place. And I think what's interesting is when we spoke to their attorney, the attorney said -- for my clients, this case is primarily about appropriate compensation for the right to use their images in the PedEgg commercial.

They were told not to worry, that they would be contacted in the future to iron out the scope of usage. That is how and where their images would be used. And so, that is really at the heart of it. They're saying their image has been used in ways that they did not agree to.

We also -- those folks at PedEgg, and PedEgg made their position very clear. PedEgg said, "At this time, our company has not been served. We believe that the lawsuit as described has no merit and we will vigorously defend any claims made against our company." So I've got to tell you, it is a real and viable legal case.

COLLINS: Yes. Well, I mean, that makes sense. But I think there are some things down on the blog that have everybody really laughing about. Many blogs, I should say, about this -- use somebody else's feet, the feet were really nasty. They were upset about how it made them look, because the commercial is not very pretty. I mean, --

HOSTIN: It's not. And some people are calling it revolting. And you're right. What they are also alleging in their complaint is that there was a horror effects specialist that put makeup on their feet for the before and after. And they're also --

COLLINS: A horror effect specialist? HOSTIN: Yes. And they're also saying that once they saw themselves on television, they were horrified not only because they were put in this light, but also because of the low-quality appearance of the commercial itself. And that's a direct quote from the complaint. So they're upset about it. But they're also upset that they were not compensated for their embarrassment.

COLLINS: Understood. That part we just showed is just the worst, too, when they empty it.

HOSTIN: I know. I have my handy dandy --

COLLINS: Oh, you have one? Oh, you don't use that, come on.

HOSTIN: I don't use it. It's not mine. But I have to tell you, it has a cult following. Almost everyone in the NEWSROOM here has one. Who would have know?

COLLINS: I bet they don't dump it like they do on the TV, though.

HOSTIN: Yes. I don't know. I think that's part of the charm, Heidi.

COLLINS: All right, Sunny, we sure do appreciate it. Thanks so much. We'll be watching this one very closely.

HOSTIN: Thank you.

COLLINS: And a quick reminder for everybody at home. You can catch Sonny Hostin, every day on "AMERICAN MORNING." Thanks, Sunny.

HARRIS: All right. He ate one too many.


UNIDENTIFIED BOY: He decided to put three marshmallows in his mouth because he pretended like a chipmunks. And he, like, puffed up one marshmallow, then another marshmallow, then another marshmallow.


HARRIS: So we got a little guy saving his buddy from a marshmallow. That story in the NEWSROOM.


HARRIS: From make-believe to real-life rescue. A nine-year-old boy is getting credit for saving his friend's life.

Steve Garagiola from affiliate WDIV has the story.


STEVE GARAGIOLA, WDIV CORRESPONDENT (on camera): For nine-year- old boys like Ben and Sean, life is just a series of adventures. But who would have imagined their life-changing adventure would have started with a marshmallow?

UNIDENTIFIED BOY: I'm about to fall.

GARAGIOLA (voice-over): Ben and Sean are best friends. Climbing, jumping, running, that's what nine-year-old boys do. Unless the weather is bad and you stay indoors to build a fort.

SEAN NEAL, CHOKED ON MARSHMALLOWS: That's the reason we made the fort because half of us were scared of storms.

GARAGIOLA: The fort made Sean think of the wilderness, which made him think of a chipmunk, which gave him an idea.

BEN STANTON, SAVE HIS FRIEND FROM CHOKING: He decided to put three marshmallows in his mouth because he pretended like chipmunks. The third one he put between his -- the other one then went down his throat.

GARAGIOLA: The third marshmallow got stuck, Sean couldn't swallow. He couldn't breathe.

STANTON: I (INAUDIBLE) his back. I thought it was just regular -- like coughing. And he, like, puffed up one marshmallow, then another marshmallow, then another marshmallow.

GARAGIOLA: Ben said he learned in school what to do if someone is choking. He didn't hesitate. Makes his mom proud.

JEN GILMORE, BEN'S MOTHER: He's always like that. He's always jumping to action.

GARAGIOLA: It's hard to convince either on of these guys that what happened is a big deal. It's just what friends do, lookout for each other. The only thing they don't like about all this attention was that picture in the newspaper.

NEAL: I feel like going up in the air like this one.

STANTON: I know. His teeth are like this, like coming down up to his lips. They're, like -- it's weird.

GARAGIOLA: Oh, the price of being a star. And we did learn one thing from all of this.

How many do you put in your mouth at a time now? Good answer.


HARRIS: And you won't find this bit surprising. The boys didn't immediately tell their moms about the choking incident.

COLLINS: Riley, if you're watching.

Cheering a sea turtle set free.

And he still can't move very fast, no matter how much they cheer. The 150-pound Loggerhead was brought to the water's edge in Jekyll Island, Georgia to finally begin life in the wild. Dylan, the turtle, has been in captivity since hatching on the beach almost 10 years ago. She's not expected to return to land until its time to lay her own egg.