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Wildfires Race Across Texas; Arizona Governor Vetoes 'Birther Bill'

Aired April 19, 2011 - 15:00   ET

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

BROOKE BALDWIN, CNN ANCHOR: Thank you, friend. Randi Kaye. Thank you.

And hello to you. I'm Brooke Baldwin. So many stories unfolding right now at this hour. But I do want to start with a story at an elementary school in Houston, Texas. Here is what we know. A kindergarten student, folks, a 6-year-old, brought a loaded handgun to school somehow shots were fired this morning in a cafeteria. We're told three students were hurt.

I want to go right to Jason Spencer. He's the spokesman for the Houston Independent School District.

And, Jason, let's just start real simply. What happened?

JASON SPENCER, SPOKESMAN, HOUSTON INDEPENDENT SCHOOL DISTRICT: Well, apparently a 6-year-old kindergarten student brought a loaded handgun into school today. At some point during the lunch period, it fell out of his pocket and landed on the ground and discharged.

When it fired, the 6-year-old who brought the gun and two classmates were wounded. They were all wounded in the lower extremities, two of them wounded in the foot one in the leg.

BALDWIN: So just so I am hearing you, Jason, three total wounded, including the young boy who brought this loaded gun to school. How are they? Are they still in the hospital? How bad are the injuries?

SPENCER: Well, they were all taken to Texas Children's Hospital with injuries that are not considered to be life-threatening. They were all alert at the time.

You know, but the prognosis is good for these kids. I'm sure they are all very shaken up. I'm sure their parents are even more shaken up by what has happened.

BALDWIN: Let's get to the next question which is one that so many people out there who have heard about this story want answers to, including I'm sure you the school. How in the world did a 6-year-old get the gun?

SPENCER: Well, that is something the Houston Police Department is investigating. They are trying to determine where the gun came from, if an adult provided access to the gun or we just don't know. But that is the subject of a criminal investigation right now.

BALDWIN: OK. So that is police. And to be clear, no one actually pulled the trigger of this gun. You explained this gun just somehow fell out of the student's pocket and hit the floor, is that correct?

SPENCER: That is our understanding, is he had it in a pocket and it fell out and fired one shot and the students who were wounded were either wounded by the bullet, itself, or from fragments.

BALDWIN: Can you set the scene for me in the cafeteria? I know this happened right around 10:20 this morning. What were the other students doing at the time and what was the reaction?

SPENCER: Well, it was lunchtime, so they were preparing for lunch. And the reaction is about what you would imagine. A lot of people were stunned at what happened. The adults who work there moved quickly to get the three students treatment as soon as possible, called 911 and ambulances arrived shortly thereafter.

But it was definitely a shocking event.

BALDWIN: Shocking event. I read an article in "The Houston Chronicle." I know they're all over this story, they were talking about number of little ones crying, one 6-year-old, 5-year-old, excuse me, was quoted saying "I knew it was a gun because a gun goes pow. I got really scared."

These are 5- and 6-year-olds. Let me ask you this. Has the school spoken at all with the parents of the 6-year-old who brought to gun to class that you know of and would there be any kind of recourse taken against mom or dad or the child?

SPENCER: Right. Well, it is my understanding that we have been in contact with all three of the children's parents. In terms of repercussions, again, that is something that the Houston Police Department is investigating.

It is -- there are laws, you know, criminal laws prohibiting making weapons accessible to children, so I'm sure that will be part of their investigation.

BALDWIN: But Jason, from the perspective of the school, would any action be taken?

SPENCER: Against the child?

BALDWIN: Against the parents? Against the child and ultimately --

(CROSSTALK)

SPENCER: Well, the school doesn't have any standing to take any action against the parents.

BALDWIN: I understand, so, it is the police. What about any other let's say these parents aside, has the school -- I imagine the school has been getting many, many phone calls from parents out there very concerned. What sort of reaction has you gotten from mothers and fathers?

SPENCER: Well, the reaction has been one of real concern. One of the first things we did after this happened was we made a recorded phone call to every parent of every child at that school about an hour after the incident happened alerting them as to what happened.

We continued with school today, but we did have many parents show up to go ahead and take their children home today, which we obviously understand how a parent would make that decision.

BALDWIN: What a situation. I imagine very, very frightening for many little ones and parents as well. Jason Spencer, thank you for coming on and trying to explain what happened there in Houston.

Want to move on here to a story that affects millions of Americans perhaps even you. Until today, she was known simply as Jane Doe, unidentified Hollywood executive suing this Internet dating giant Match.com. Why? Well, she wanted to require this Web site to screen its members against a national sex offender registry after she says she was sexually assaulted by this man who she met on the Web site.

So after this attack, she says that she Googled the man's name -- his name is Alan Wurtzel -- and discovered he had quite a history of sexual battery. So she sues. But keep this in mind. She is not suing for money. She is suing for change. And this week, Match.com has responded. They have announced this major, major shakeup at its screening process.

So let's go back to Jane Doe. In fact, coming forward and coming out today. Her name is Carole Markin. And she joins me there live.

And, Carole, thanks so much for speaking up, showing your face, which is such a rarity in cases like this. Why it is important for you to come forward and share your story?

CAROLE MARKIN, FILED LAWSUIT AGAINST MATCH.COM: Well, I'm tired of hiding behind masks and glasses. And I want to step forward and stand up for the other Jane Does and Joe Blows around the world who have been victimized by predators and give them voice and courage.

BALDWIN: What is your reaction now? We heard from Match.com a couple of days ago their announcement these upcoming changes they say within the next 60 or 90 days. Have you yet spoken with Match.com?

MARKIN: I have not spoken to Match.com personally. They called my attorney on Sunday morning I think they were trying to do that in order to stop any more publicity. They asked in fact for a quote from me and from my attorneys. And they have not spoken to me.

BALDWIN: They have never spoken to you. Can you me what details did they provide to your attorney as far as changes coming up here as far as people who either they would be current members or future members of Match? MARKIN: They say that within 60 to 90 days they will screen with the federal sexual registry to see if people are sexual predators.

BALDWIN: Are you satisfied with that?

MARKIN: Well, we have to see. The devil in the details. We have to see if they actually go through with it.

BALDWIN: Take me back. Give me some perspective here. Take me back to the night with this date with Alan Wurtzel. I understand it was date number two for you. What happened?

MARKIN: What happened?

Well, we -- he originally wanted me to drive to his place out by the beach and come up to his house. And I didn't want to do that, because I thought that was too dangerous. And I agreed to let him pick me up at my place, because I had a sprained ankle a broken toe.

And he picked me up and then we went out for sushi. And at that second date, I got his full name. I tried to get his full name when he called me after the first date, but there was either a cell phone dropout or he mumbled something. But I then -- we came back to my -- we drove back to my place after sushi. He parked the car illegally.

I got out. He came around to my side. We walked into the apartment building. We took the elevator. We went to my apartment. I opened the door. He rushed into the bathroom and I sat down on the couch. And I was about to say to him, you can only stay here for about 10 minute because your car is going to be towed. And before I could even get those words out of my mouth, he jumped me and forced me into a compromising position.

And I tried to resist, but he is a big man. He is about a foot taller than me and about 100 pounds heavier. And he forced me into unconsensual sex.

BALDWIN: I can tell you remember every single precise detail. This is clearly a very vivid incident for you. I do want to let our viewers know we have reached out to Mr. Wurtzel. And here is what we got from his attorney here.

This is their side saying -- quote -- "In the apartment that evening, sex was a topic of conversation. Then our client and Jane Doe engaged in consensual, romantic contact together, just as they had on May 16, 2010. Eight days later, Jane Doe inexplicably called police."

So, A., he says it was consensual. What is your reaction to that? And, B., what did police tell you when you called them?

MARKIN: It was not consensual, first of all. And, of course, he is going to say that.

And, secondly, when I called the police, the first thing I said is, do you know this guy Alan Wurtzel? And they said, oh, him. What did he do to you? And I told them my story. And I had already seen -- when I Googled his name, I had seen a flyer from the LAPD about what he had been previously convicted of previously.

BALDWIN: I also want to read something that Match.com told us. We reached out to them as well.

And they said -- quote -- "We want to stress that while these checks may help in certain instances they remain highly flawed and it is critical that this effort does not provide a false sense of security to our members."

Also, there's reaction out there, Carole. Critics say, look, a lot of this falls upon the individual, the member of Match.com, to be responsible for themselves and screening their own dates. What do you say to that?

MARKIN: Well, I don't think I saw this coming. He has done this before. Other women have testified against him. He's been convicted of battery. And it came out of nowhere.

BALDWIN: Well, I do want to let you know we have someone who has been looking into his past.

Carole, do me a favor. Stand right there, because I want to bring in Sunny Hostin, who has been the one who has been digging on this story pretty much the last couple of days. She is very familiar with this topic. We will talk to Sunny here more about this.

And also we're getting some breaking news out of Texas and those wildfires. Ed Lavandera right in the thick of things. Those stories coming up next. Stay there.

(COMMERCIAL BREAK)

BALDWIN: We will get you back to Match.com story. Carole Markin and Sunny Hostin in just a moment here.

But first, being told about some unbelievable pictures out of Texas west of Fort Worth.

So let's go to Eddie Lavandera. He is up live for us.

Eddie, talk to me about what is behind you and how bad these fires are again today.

ED LAVANDERA, CNN CORRESPONDENT: Well, Brooke, we have found ourselves in the middle of a rather fascinating situation.

These flames that you see behind me have just been set by firefighters and they are trying to create a back wall of flames. What you can't see through this wall of smoke is that the fire that has rolled over a small mountaintop just on the other side a mountain ledge, and has rolled over in the last hour and it's been barreling towards where we are, but the winds are the starting to move it a little bit toward the left of your screen over here. And what they are afraid of, if you will follow me over here, is this highway right over here. And they are afraid that the flames will jump over this highway and light that other side on fire. There is another fire a few miles away. And they are afraid that these two fires would end up merging and creating a super-fire, if you will, so there is a real intense effort right now to get this situation stopped right here at this brink.

Ironically enough, this roadway is called Hell's Gate Drive. And this leads into the southern edge of Possum Kingdom Lake and these firefighters have been really intense. And as one firefighter said to me just a little while ago, it is about to get real ugly here. And we are seeing it firsthand and very up close here, as that fire has been rolling off the back part of that ledge and has now come down into the bottom part of the canyon and is starting to move this way and they are really afraid that it will jump over the highway here and create another huge set of problems.

So firefighters in the thick of things, in the heat of things right now, Brooke. And these flames that you see here as I mentioned on this front edge where we are closest to and kind of standing back away from is the backfire that these firefighters have laid down, and they hope that that is one of the ways that they will be able to slow this particular fire.

Just a little while, aircraft flying over just right over here on this edge and dropping fire suppressant to slow this fire down, but we have seen flames shooting out of this he tree line some 80 to 100 feet high. So it is quite ferocious. And one firefighter said it is probably 3,000 degrees in there right now.

BALDWIN: Wow. So firefighters, it is hot, they are worried that things are about to get ugly. Just quickly, Eddie, in terms of conditions, is it just as bad as it was yesterday as far as the heat, the humidity and the winds?

LAVANDERA: Yes. The heat is probably in the 90s.

I haven't been able to see a temperature gauge here for the last few hours, but the winds are definitely intensifying. And one firefighter told me that that humidity level is really starting to drop, which causes problems as well. And that is why we are seeing what we are seeing here this afternoon.

So, you know, they are holding on as best they can. They have been calling in reinforcements. We have seen other people, you know, starting to come in and help out. The number of firefighters we have seen in this particular location has really intensified. Actually, the smoke has cleared there a little bit there, Brooke.

If you look through there, I don't know if you can make it out on the camera, but the flames that are shooting out through the back there deep into the wooded area, I don't know if you can make that out on the television screen, but --

(CROSSTALK) BALDWIN: We can see the flames sort of it almost looks like through this wall of this white smoke. And Eddie, I mean, I just don't want to leave these pictures. Do me a favor and explain once again, if you can, the lay of the land. You mentioned the road, if there are any homes in the area and the purpose of setting this particular fire. What is the end goal?

LAVANDERA: Sure. This road right here is called Hell's Gate Drive and if you follow it up this way, it takes you in an area where we were trying to get into, which was hit hard yesterday afternoon -- excuse me -- we are starting to get a lot of these embers landing on us here.

BALDWIN: Careful.

LAVANDERA: But the road takes you back up in there. And that's on the southern edge of Possum Kingdom Lake. And that is an area that has beautiful homes, a lot of beautiful homes and recreational lake that a lot of people enjoy since we are relatively close to the west side of Fort Worth, Texas.

A lot of those homes were destroyed. We drove in there a little while ago and we saw fires popping up relentlessly over the last few hours, a lot of homes there destroyed yesterday afternoon, so this has been an area of great earn can.

Back in there, you can kind of see some other fires, the smoke kind of billowing out from various areas. So you can see just every so often on the horizon here just how many fires they are dealing with. So then you can see the mountain ridge that is kind of in the background there. It gets obscured once you get into the smoke, but as we were standing here a few hours ago, we saw the smoke coming over that mountain ridge and then all of a sudden you saw the flames literally jump over the top of that mountain ridge. And that is what has been rushing down this way.

BALDWIN: That is amazing. Obviously we are all thinking about the folks who live there, but my hat goes off to those firefighters fighting that thing.

Eddie Lavandera, let us know if they make any progress with what you have just been describing.

LAVANDERA: You got it.

BALDWIN: And you and your crew, take a break from that smoke. That looks like pretty tough stuff out there. Ed, thank you.

And just a reminder. We will continue our coverage of Carole Markin, Sunny Hostin talking about Match.com. Some major changes upcoming in the next 60 to 90 days, according to Match.

Got to sneak a quick break in -- more on that after this.

(COMMERCIAL BREAK)

BALDWIN: All right. Taking you back to the Match.com story.

I want to bring in Sunny Hostin. She is a former federal prosecutor, legal analyst for "In Session." And she's good enough to join me each and every day.

Sunny, let's just remind folks. Let's take them back a couple of days. Let's talk about Match.com. You called them out. Let's watch.

(BEGIN VIDEO CLIP)

SUNNY HOSTIN, CNN LEGAL ANALYST: They are not doing enough. I think if they want to be a good corporate citizen, it does not cost that much to do these sorts of background checks. Let's face it. They can pass it on to the consumers. We want women, we want men to be safe from sexual predators.

Match.com, if you are watching, do the right thing.

(END VIDEO CLIP)

BALDWIN: And, Sunny Hostin, they are. What's your -- have you gotten any kind of response from Match since you said that?

HOSTIN: Well, we have. And I did reach out to them. As you know I reached out to them on Friday, didn't get a comment from them, did reach out again today and got sort of the comment that they will begin this sort of screening.

They will begin it hopefully within 60 to 90 days. I will say that is a start, Brooke. They are saying that they will sort of cross-reference their members and prospective members against the federal registry. It is only a start. It is not enough, because, again, there are local registries that need to be looked at and there are other things that can be done to make online dating safer.

There are 40 million Americans that are online dating. So it is a big number for a lot of people that are doing this. And this is an important issue, but I don't think we are there yet in terms of online safety. There are a lot of things that can be done that someone can do to make themselves safe.

And I am going to go over that around 4:40 on my --

(CROSSTALK)

BALDWIN: Yes. We will go there. And I tell you I have some friends who have tried online dating. I think a lot of people out there are starting to. And you heard Carole. She said the devil is in the details.

So, my question I guess to you is when and if Match.com follows through with this whole promise, how will they be held accountable?

HOSTIN: Well, I'm sure they will have a lot of sort of the legalese on their Web site that now says, this is not enough, this should not lull anyone into a false sense of security. Again, it is just a start, Brooke. It is not enough.

And I also want to mention Carole is very brave for coming forward.

BALDWIN: Absolutely.

HOSTIN: As you know, I was a former sex crimes prosecutor. And it's not easy to do what Carole has done. And so, kudos to her for really becoming the face of this issue, which is a serious, serious issue.

BALDWIN: And, Carole, if I may, I just would like to end with you. And I echo what Sunny just said. And just to reiterate, you are not suing Match for money. You're suing them for change.

My question is, will you drop the suit if and when the Web site follows through?

MARKIN: If they do follow through and they really change things, we will drop the suit, but right now, we are going to wait.

(CROSSTALK)

BALDWIN: Are you done with Match.com? Are you done with online dating?

MARKIN: I'm -- I have not gone on online date since this happened to me.

BALDWIN: All right, Carole Markin, we thank you for coming forward. Sunny Hostin, thank you as well. And as you said, we will chat next hour. We will talk a little bit more legalese. A lot of people want to hear that, I'm sure. Thanks to both of you ladies.

And now the governor of Arizona vetoes the so-called birther bill.

(BEGIN VIDEO CLIP)

GOV. JAN BREWER (R), ARIZONA: -- proved nothing for the state of Arizona. And I just felt very uncomfortable with it.

(END VIDEO CLIP)

BALDWIN: So, Governor Jan Brewer says she believes President Obama was born in the United States, but is that the real reason she vetoed it? That is next.

(COMMERCIAL BREAK)

BALDWIN: Folks in Arizona are asking, what has gotten into Governor Jan Brewer? You know her name, Jan Brewer. She rose to national fame as the face of her state's war against illegal immigration.

They have got the toughest law in the country there. Well, here is what happened. Legislators called this so-called birther bill and a lot of folks assumed she would sign it, but yesterday, the governor proved a lot of folks wrong. Veto. Brewer says her state has got bigger fish to fry than taking swipes at President Obama. At least that is how she viewed this birther legislation, a swipe at the president. Here she is.

(BEGIN VIDEO CLIP)

BREWER: He is the duly elected president. He is here. And I think that overwhelmingly the people really don't care at this point in time about this rhetoric that continues to come about in regards to whether he is born here or not. I believe that he is, personally. And I think we have bigger things to solve.

(END VIDEO CLIP)

BALDWIN: I do want to let you know we asked Governor Brewer to join us here today, would have loved to talk to her. No call back yet.

But who is joining us from Phoenix, we appreciate it, Ginger Rough of "The Arizona Republic."

And, Ginger, you have been talking to folks in Arizona. Are they surprised by the veto?

GINGER ROUGH, "THE ARIZONA REPUBLIC": I think there is some sense of surprise, mainly because this bill passed out of our legislature, both chambers, the House and Senate, by a pretty strong majority of Republicans and the governor sort of bucked her own party in choosing to veto it yesterday.

BALDWIN: We are talking about HB-2177. Remind us if you would, the nuts bolts of the so-called birther legislation in Arizona.

ROUGH: Well, this bill would have required any candidate who is running for president, their national party would have to submit essentially an affidavit on their behalf to our secretary of state's office, and that affidavit would have to prove without any doubt that the individual was a natural-born citizen of this country.

And it would have to provide some sort of documentation to back that up, a long-form birth certificate with detailed information about the location and the time and the date and who was present at the birth, or two other records that could have used in substitution. That could be a baptismal certificate. It could be a circumcision certificate. It could be some sort of document from the attending physician, early census record, those types of things.

The bill also would have given our secretary of state the authority to determine whether or not the documentation was sufficient. And if it was not, that candidate would not be on our ballot here.

BALDWIN: So perhaps -- and this is only me gleaning this from this quote of your articles -- this is less about President Obama and more about one of these certificates -- quoting the governor -- "I never imagined being presented with a bill that could require candidates for president to submit their early baptismal or circumcision certificates. The bridge is too far." That's from the governor.

But on the same topic, same day, different topic, she also vetoed the birther legislation. She also vetoed a bill that would have allowed guns on public college campuses. Are Republicans out there in revolt over this?

GINGER ROUGH, GOVERNOR'S OFFICE REPORTER, ARIZONA REPUBLIC: Well, the guns on campus bill caught more people off guard than the birther legislation veto did.

BALDWIN: Why?

ROUGH: The birther legislation, like I said, it did have strong support in the legislature, but the governor has a longstanding history of not commenting on legislation before it reaches her desk, but she had never offered any subtle hints of support for it either.

She has been very focused, her office has been very focused on attacking some of the bigger problems here in the state. We just passed a budget, $1.1 billion out of public programs, $150 million from K-12 education and $189 million from higher education. Getting the economy back on track and getting new jobs into the state, that has really been her focus.

She has said in many interviews throughout this legislative session that there are many pieces of legislation that she would have to see if they were important to sign into law or merely a distraction of the bigger issues at hand.

But the gun bill, that was a surprise, because this has been a longstanding, longstanding supporter of expanding the Arizonians' second amendment rights. This is a governor who signed into legislation that allowed Arizonians to carry concealed weapons and bring firearms into a bar or restaurant that serves alcohol.

BALDWIN: Yet no college students can carry these guns on campus. There we go. Two vetoes. How about that? Ginger Rouge, thank you so much for coming on.

And it is not often that you see Fidel Castro out and about in public, especially next to his brother Raul, but there you go. It happened today. So why the surprise appearance? We will take you live to Cuba next.

Also, another air traffic controller is suspended, but not in time for sleeping. We will tell you what movie the controller is accused of watching on the job.

(COMMERCIAL BREAK)

BALDWIN: Did you hear? Another air traffic controller suspended but not for sleeping on the job. You see this controller in Cleveland got caught watching a movie on a portable DVD player. A pilot reported this incident after he heard audio from the 2007 film "Cleaner" starring Samuel L. Jackson.

This controller left the microphone on, and thus putting the sound track over the airwaves for more than three minutes. He is suspended by the FAA.

And Cuba's communist government wrapped up a four day fathering today, and look at who made a surprising appearance at the closing ceremony today? Take a look with -- Fidel Castro, smiling as he is walking, but with help there and staying steady on his feet. The former president took a seat next to his brother Raul, the current Cuban president.

But it was not just this friendly visit. Fidel Castro was there to formally hand over leadership of Cuba's communist party. Shasta Darlington is live in Havana, and does this mean it is now private citizen Fidel Castro here?

SHASTA DARLINGTON, CNN INTERNATIONAL CORRESPONDENT: Absolutely, Brooke. That is what it means at least in name. Of course, Fidel Castro has not exercised any powers since he fell ill in 2006 and many suspect is the power behind the throne, and he has had the title of the secretary of the communist party which is important, because it is the only legal party in Cuba and the highest political body, and this means, that yes, in fact, he has finally resigned an stepped down from all of his positions.

It is also important that he showed up today, because it was a support show for his brother on this day succeeding him, and also a show of broad political and economic forms that the Congress passed. I'm talking about expanding private business, and massive layoffs in the public sector and 1 million people. And the Congress approved reforms for Cubans to buy and sell homes and cars for the first time in half a century.

On the political front Raul Castro said he feels that the politicians should be limited to two five-year terms in office which is obviously a big move coming from a man whose family has been in power for 52 years.

BALDWIN: If I can interject, that is a huge deal. Would Fidel Castro's presence there given that his brother would be in favor of the term limits imply that he would be in favor of that and how soon could we see a Cuba without a Castro in charge?

DARLINGTON: Those are very good questions. First of all, Fidel Castro, in one of the reflections he writes in the state media said it was an interesting proposal and yes, indeed, he did support it, but even then if you look at a Raul Castro who was officially elected in 2008 after he temporarily took over for his brother, so he fulfilled his two terms, there would still be a Castro in office until 2018.

We don't know if he would last that long, because he wants to get younger generations to take over, but he said they have completely failed to prepare a younger generation to take over. But a sign of that is when the Congress voted to replace him in the number two spot from the party, they picked another person from that historic generation, an 80-year-old who is the first vice president of the government Jose Ramon Ventura, Brooke.

BALDWIN: Today is the day Fidel Castro is officially a private citizen. Thank you, Shasta.

And why some of the folks of "Happy Days" are not so happy, suing CBS. It could have a big effect on every actor in Hollywood. That's next.

(COMMERCIAL BREAK)

BALDWIN: It is one of the biggest TV shows of all time. "Happy Days" aired from 1974 to 1984 and is still seen around the world. But now a dark side of the show is coming out and what happens in this case could have a major impact of all of Hollywood. This is all about merchandising and money. Poppy Harlow has the CNN exclusive.

(BEGIN VIDEOTAPE)

POPPY HARLOW, CNN BUSINESS CORRESPONDENT: This is the "Happy Days" known and beloved worldwide. This is "Happy Days" today, the show's cast on slot machines, Potsie, Ralph, Joanie, even the Cunninghams.

MARION ROSS, "HAPPY DAYS" CAST: Somebody came up to me and said, you must be cleaning up on the casinos. I said, "What are you talking about?" And he said, yes, you get five Marions, you will hit the jackpot.

HARLOW: The slots represent what the actors say is a merchandising bonanza that began 37 years ago when the show first hit the airwaves. But those same actors also say they haven't been paid for the continued use of their images, as their contracts require, and now they preparing to sue CBS, which owns the show.

ANSON WILLIAMS, "HAPPY DAYS" CAST: They are showing the best of what America has to offer, the friendships and the warmth. But now, unfortunately, "Happy Days" also represents the worst of America, of what major companies are trying to get from it.

HARLOW: In exclusive interviews we spoke with four members of the cast, Anson Williams, Don Most, Marion Ross, and Erin Moran, at a 1950s-style cafe in Los Angeles. The estate of Tom Bosley, who died last October, is also part of the lawsuit, and for these actors who are like family. It was a very emotional reunion.

MORAN: This is the best part. This is the best part.

HARLOW: The issue they argue is simple. They want to be paid for the use of their images.

DON MOST, "HAPPY DAYS" CAST: There's something skewed in that the people who really had nothing to do with making the show, they are exploiting and making money on it by using our face, our pictures, and all that.

HARLOW: After hearing about the "Happy Days" slots they began into ask questions about where all of the money went.

JOHN PFEIFFER, ATTORNEY: "Happy Days" has turned into unhappy days.

HARLOW: John Pfeiffer is the actors' attorney in the suit against CBS.

PFEIFFER: They made a promise and they broke the promise. That is breach of contract. And then they made a promise to pay and they did not purposely pay, and that is fraud.

HARLOW: Under their contracts the actors were to be paid 5 percent of the net merchandising if the sole image was use and 2.5 percent if it was a group. The studio can deduct 50 percent off of the top as a handling fee.

PFEIFFER: We have here iconic actors, I grew up watching these people, and yet, they were stiffed.

HARLOW: The actors argue ha the studio knew they owed them money, because in 1989 after Moran asked, paramount then paid her $692 for merchandising. This document also shows she was previously paid more than $8,000, which she claims she never received.

ANSON MORAN, "HAPPY DAYS" CAST: Bull. No I didn't. No, I did not.

HARLOW: The merchandising proceeds are personal for Moran who lost her California home to foreclosure last year. In documents provided to the actors, CBS says that it only owes them between $8,500 and $9,000 each, and most of that is from the slot machines. But the actors argue that they are owed millions.

CBS sent us a statement saying "We agree that funds are owed to the actors and have been working with them for quite some time to resolve the issue."

HARLOW (on camera): Is it possible that CBS/Paramount may have made a mistake?

MOST: Then I'd like to answer that question.

HARLOW: That is funny.

WILLIAMS: I'd like to answer that question. Let's see, made a mistake for 37 years.

HARLOW (voice-over): A generation after the show ended, these actors all say this case is bigger than "Happy Days" and will set a precedent for the industry.

HARLOW (on camera): People watching may be asking, you know, "Happy Days" started 37 years ago, and why are they just now bringing this suit now?

WILLIAMS: Well, because when we started the show, we were just kids. Actors we weren't business people. And we signed, and we assumed, oh, they will send you to the checks and that we didn't think about.

HARLOW: Are you fighting for more than money? Fairness?

MORAN: I think it is principle.

ROSS: Can you think of all of the shows that must be having the same argument about this? Maybe it is for the future that we are doing this.

(END VIDEOTAPE)

BALDWIN: What a reunion there. Poppy Harlow is live in New York, and I was watching the piece and thinking, where is the Fonz? And two of the biggest stars Henry Winkler and Ron Howard not at all part of this. Why is that?

HARLOW: It's a good quote. We reached out to both of them. We heard back from Ron Howard's publicist with no comment, and we have not heard back from Henry Winkler's publicist, but the cast does stay in touch with them, so it is all amicable. We don't know if they had different contracts and they were paid and the others were not, and that is something we don't know and one thing we want to follow-up on.

And obviously they went on to be huge stars in their own right, and some of these actors are in a different situation, so they are not part of the case.

But when you look at the four actors who are part of the case, Brooke, what they are looking for is a breakdown of how much each of them earn and also how much CBS took in. The lawsuit was filed a few hours ago in the Los Angeles superior court. You look at the sales, Brooke, and the merchandising continues. CBS announced a merchandising deal with clothing manufacturers across Europe. There are plans of a lottery game with these characters.

So bottom line is it is really a question of how much money it comes down to here, and what the lawsuit and we have it right here what the lawsuit is arguing that the actors say they have been damaged in excess of $10 million.

BALDWIN: Let us know where it goes. I can't believe that Marion she said she lost her home to foreclosure.

HARLOW: Yes, she did.

BALDWIN: What a story. Thank you.

Coming up next, word that ground troops could be sent into Libya. We will take you live to Tripoli, next.

(COMMERCIAL BREAK) BALDWIN: All right, I want to talk about this civil war raging in Libya. The only intervention is in the form of NATO airstrikes, no troops on the ground. That may soon change. Britain announced the deployment of experienced military officers to the rebel stronghold of Benghazi. British officials are quick to say that there is no army, no planning, no training, just advising in helping aid supplies.

Keep in mind this is while the fighting is heaviest in Misrata. People who have fled the city say forces loyal to Moammar Gadhafi are continuously shelling the city of Misrata, dozens of people are dead and more than a hundred are wounded.

Let's get the latest live from Fred Pleitgen in Tripoli. Fred, you and your crew were to give images inside Misrata. Is the city still under siege at this moment?

FREDERIK PLEITGEN, CNN INTERNATIONAL CORRESPONDENT: Yes, absolutely under siege. The latest that we're getting, from witnesses on the ground there, is that the shelling today concentrated more on residential areas than it did on the port. The last couple of days we've been saying that Gadhafi forces have been doing shelling in the poor area, making it difficult for troops to come in there. Now it appears that it has shifted back to the city center, which is, of course, a place where a lot of people are and a cause of great concern.

The latest that we have from rebels is that 24 people were killed in these strikes this week alone. We are also hearing people there are disappointed as they say there have not been air strikes to take out Gadhafi forces. They would like to see more.

One rebel spokesperson said he wouldn't mind seeing NATO forces, especially French and British sources act as a protection for convoys coming in there by ship for aid ships coming in. He is saying that it's a military shield, if you will, something that the rebels would like. We've spoken to the Libyan government and they say any sort of protection provided to the military coming in they will attack, Brooke.

BALDWIN: Even if they are cleared to go in, could they be attacked? I want to ask you about Benghazi and these British advisers. How would their presence change the game with western military officers already on the ground with the opposition?

PLEITGEN: Well, certainly it won't change the game very much. What they are essentially saying is that these military officers, there are 12 of them, will have experience in this warfare, that they would essentially be there as advisers and trainers. So they are trying to make the rebels who are fighting and fend out the offensive of Moammar Gadhafi forces, they are trying to make them into a more coherent and well-armed force.

We know that Qatar has delivered some weapons to the rebels, some anti-tank weapons, and that they are trying to acquire more modern weapons as well. The problem is that they have so far is that, first of all, they are not good strategically and fighting on the ground. It seems as though the British advisers would be there to make it into a more coherent force and the strategy better and make sure that these people know how to move in the battlefield. That seems to be one of the big issues that they are having.

BALDWIN: Fred, thank you.

Back here at home, we are getting new developments of the shooting at the elementary school in Texas, elementary school today. Stay right here. That is ahead. Also, Donald Trump, Sarah Palin, Mitt Romney, all names that are floating around as possible challengers to President Obama. But how do Republicans across the U.S. actually feel about those three potential candidates? You might be surprised. That's next.

(COMMERCIAL BREAK)

BALDWIN: Paul Steinhauser has news here with the Political Ticker.

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: In a brand-new poll from ABC News and the "Washington Post," many Republicans are not satisfied with the current crop of candidates. Less than half the Republicans in their survey said they were satisfied with the current crop of candidates. You go back four years ago, that shows nearly two-thirds were happy about the then current crop of candidates, so maybe disillusionment this time around.

Let's talk about Joe Biden. I guess you could call him the Democratic Party guy. He went to Cleveland, Ohio, to raise money for Sharon Brown. The battle for the control of the Senate is going to be pretty fascinating. There is a 53-47 majority, Brooke.

BALDWIN: What about the battle over the defense of marriage act? What are they saying of same-sex marriage today?

STEINHAUSER: We have a brand-new poll out. This is interesting because it made news for the first time, check this out. A majority of Americans, 51 percent say they are OK, they say yes to whether gay and lesbian couples should be recognized as legally married.

Now, that 51 percent is up seven points from just over the past two years. This is interesting as well. There is a partisan divide. You can see Democrats, a vast majority of them and independents that are OK with it. Not so with Republicans. So a partisan divide over this very divisive social issue.

BALDWIN: Paul, thank you. You can get the latest news. Paul is writing many of the stories, CNNpolitics.com. We'll get another update for you in half an hour.