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Flood Jeopardizes Nuclear Plant; Winning the Right to Marry in New York; Water Slowly Recedes in Minot, North Dakota

Aired June 27, 2011 - 11:00   ET

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

SUZANNE MALVEAUX, CNN ANCHOR: Live from Studio 7, I'm Suzanne Malveaux. I want to get you up to speed for Monday, June 27th.

The Supreme Court says California cannot ban selling video games to kids simply because the games are grotesquely violent. Justices struck down the law just minutes ago. They say the commercial free speech rights of video game manufacturers trumps concerns over violent content.

Now we know why the judge halted the Casey Anthony murder trial in Orlando this weekend. Three psychologists examined Anthony at the defense team's request to determine her competency to proceed. She is charged with killing her 2-year-old daughter Caylee in 2008.

(BEGIN VIDEO CLIP)

JUDGE BELVIN PERRY, ORANGE COUNTY CIRCUIT COURT: The court ordered the defendant to be examined by three psychologists to determine her competency to proceed. Based upon the reports that the court has reviewed, the court will find that the defendant is competent to continue to proceed

(END VIDEO CLIP)

MALVEAUX: An appeal hearing in Italy today for Amanda Knox. She is the American student convicted along with her boyfriend in the murder of her British roommate. Today, a second man convicted in the case disputed testimony from a fellow inmate. Now, he says he never told the inmate that Knox was innocent.

Floodwaters are inching closer to a nuclear power plant in Nebraska. A levee broke yesterday which worried nearby residents that a nuclear disaster similar to Japan's could be brewing. But an official emphatically says the chances that water will reach the reactor and cause trouble are almost zero.

The reactor was shut down in April for refueling and wasn't brought back on line due to the flooding. Forecasters think that the Missouri River will crest six feet short of that level that would inundate the plant.

A wildfire is threatening the Los Alamos National Lab in New Mexico today. It is burning less than a mile away. Officials say all nuclear and hazardous materials are safe. Most of the lab's 11,000 workers were told to stay home. (CHANTING)

MALVEAUX: Crowds are growing larger and larger in Syria, despite a brutal crackdown on anti-government protesters. Now, activists say rallies over the weekend drew the biggest numbers yet to the streets of Damascus and its suburbs.

(CHANTING)

MALVEAUX: Protesters jam the streets in Yemen, demanding a transitional council take over the government. President Ali Abdullah Saleh is in Saudi Arabia for medical treatment. He was wounded in an attack back on June 3rd. His aides predict that he is going to return any day.

Well, Minnesota Congresswoman Michele Bachmann formally announced her bid for the 2012 Republican presidential nomination. That happened today. She did it in the town where she was born, Waterloo, Iowa. A new "Des Moines Register" poll shows that Bachmann is running a close second to Mitt Romney in Iowa.

(BEGIN VIDEO CLIP)

REP. MICHELE BACHMANN (R), PRESIDENTIAL CANDIDATE: But the problem is, our government keeps getting bigger, and it makes it tougher for all of us to pass on our values and our lives to our children. And it's caused jobs to go overseas, and they are spending more of our money than we want them to, and that means that we get to keep less.

(END VIDEO CLIP)

MALVEAUX: The Transportation Security Administration, the TSA, denies that it forced an elderly woman to remove an adult diaper at a Florida airport. The woman's daughter says they did. She told CNN the 95- year-old cancer patient had to board her flight without any underwear.

(BEGIN VIDEO CLIP)

JEAN WEBER, ELDERLY MOTHER SEARCHED BY TSA: And they came out and told me that it had something to do with her Depends, that it was wet, and it was firm, and they couldn't check it thoroughly. She would have to remove it. And I was -- I said I don't have an extra one with me, normally this isn't a problem. And she said that she could not complete the security check without the Depends off.

(END VIDEO CLIP)

MALVEAUX: Here's your chance to "Talk Back" on one of the big stories of the day. New York passes a law allowing same-sex marriage. And our question: Is it time for marriage equality in America? Is it time for it to be essentially throughout the country? Federal law even?

Carol Costello, she's joining us from New York.

Hey, Carol. Good to see you.

CAROL COSTELLO, CNN CORRESPONDENT: Hi, Suzanne.

On July 24th, same-sex marriage will be legal in New York, as it is in five other states. It was a bipartisan effort. Yes, four Republican New York State lawmakers voted yes to same-sex marriage. Gay advocates are celebrating and already handing out their roadmap to other states working on same-sex marriage legislation.

New York's governor, Andrew Cuomo.

(BEGIN VIDEO CLIP)

GOV. ANDREW CUOMO (D), NEW YORK: I believe New York has sent a message to this nation, loud and clear, it is time for marriage equality all across this country.

(END VIDEO CLIP)

COSTELLO: Maybe. Nationally, even some staunch Republicans -- actually, maybe nationally even some staunch conservatives are on board like Dick Cheney, who has a gay daughter.

(BEGIN VIDEO CLIP)

RICHARD CHENEY, FMR. VICE PRESIDENT OF THE UNITED STATES: I think people ought to be free to enter into any kind of union they wish.

(END VIDEO CLIP)

COSTELLO: Cheney did add that it's up to each state to decide. Other conservatives are on board, too, like John McCain's wife Cindy, George W. Bush's daughter, Barbara. Advocates say it's a sign young Republicans are much more supportive of this issue.

Still, there are plenty people opposed to same-sex marriage. According to Politico, 29 states have enacted some type of constitutional prohibition against same-sex unions. And religious groups like the Catholic Church say New York's vote leaves it worried that both marriage and family will be undermined.

So, the "Talk Back" question today: Is New York's governor right? Is it time for marriage equality in America?

Facebook.com/CarolCNN. I'll read your comments later this hour.

MALVEAUX: Carol, it's really interesting, too, when you note -- there was a great article in "The New York Times" that talked about the backstory, and that there were donors, very rich Republicans, who were behind working with the governor to move this legislation forward.

COSTELLO: And basically because the Republican lawmakers voting for this measure in New York State were afraid they would lose their seats because those against same-sex marriage would lobby against them. But those Wall Street executives came in and said, look, we'll support you and we'll give you money.

MALVEAUX: Yes, it gave them a little bit of political cover there. All right, Carol. Very interested to see what folks have to say. Thank you, Carol.

(WEATHER REPORT)

MALVEAUX: I want to bring in our Patrick Oppmann. He is close by -- we're talking about the flooding causing a lot of concern in Nebraska, these two nuclear power plants that sit right near the Missouri River. Patrick is close by.

Patrick, what do we know about any kind of immediate danger from the weather and any kind of threat to these two nuclear power plants?

PATRICK OPPMANN, CNN CORRESPONDENT: Well, you know, the message that officials, Suzanne, have been driving home over the last day or two is that there is no immediate danger in terms of any kind of radiation leak, any kind of event at these plants. The chairman of the Nuclear Regulatory Commission landed just a little while ago by helicopter at the Fort Calhoun plant, and we expect him to be driving that point throughout the day here today, as he goes around and speaks with workers, and as he did yesterday at the Cooper Nuclear Station, where he said that he thought the measures they've enacted are adequate.

But the bottom line, Suzanne, is here at that Fort Calhoun plant, they would be under two feet of water if they didn't have the berms and sandbags and walls they've set up. They're under two feet of water. So they're managing to keep that water out, but it's a guessing game as to how long they can do that for. Quite a bit of work to keep this plant, this facility dry, and it's really a constant effort to keep these rising floodwaters from getting into the plant -- Suzanne.

MALVEAUX: And Patrick, do we know, are they evacuating at this point? Do they feel that they need to evacuate the surrounding area?

OPPMANN: There's been evacuations around both plants. And these are Nebraska's only two nuclear power plants, and they're both facing flooding issues. But that's really been because of the flooding, just like anywhere else there's flooding.

Officials have said there's no need because of the danger posed to the plants that they would have to evacuate people. Really just telling people right now that they've got it under control and they don't need to worry.

Now, I've talked to some residents, and they're very worried. There are lots of rumors going around. Certainly, you talk about a plant being shut down as the Fort Calhoun has been shut down for safety reasons. But people are scared by that very unusual event.

So officials, again, are trying to get the word out that these plants are safe, and that even if flooding does reach into some of these plants, they've got so many fail-safe measures to keep any kind of radiation even from taking place.

MALVEAUX: And Patrick, last question. The Cooper Nuclear Station, about 100 miles south of there. You were given unprecedented access to it yesterday. What did you actually see?

OPPMANN: You know, it was really amazing. We were in this state-of- the-art facility and, yet, all across the first floor of this facility, we had to go up by ladders over these sandbags. Sort of a bunker mentality within this entire plant because they are afraid if this flooding got into the plant, they want to keep it out of certain areas.

So, as we were being toured, as the chairman of the Nuclear Regulatory Commission was being brought around, he had to climb over some of these very, very high sandbags. So there is somewhat of a bunker mentality that they are constantly trying to keep the water out, and have done that. But if the water rises another three feet there, by regulation they have to shut down that plant. They don't expect that to happen, but if it did, that would mean that both Nebraska's nuclear power plants would be shut down until those floodwaters subside -- Suzanne.

MALVEAUX: All right. Patrick, thank you very much. Appreciate it.

Here's a rundown of some of the stories ahead.

First, gay pride and joy after winning the right to marry in New York. Will the state profit from the historic decision? I'm going to ask the assemblyman who led the charge.

Then, water recedes slowly in Minot, North Dakota. We're going to ask one homeowner if there's anything left to return to.

Plus, the Supreme Court decides on violent video games. We're going to break down key issues on the docket for this final session.

And Casey Anthony's murder trial resumes this morning after the drama inside the courtroom this weekend.

And noon Eastern, my conversation with the U.S. commander in charge of training Afghan soldiers.

(COMMERCIAL BREAK)

MALVEAUX: A little flavor of New York's annual Gay Pride Parade. Thousands of people celebrating the new law legalizing same-sex marriage in New York. It is now the sixth and by far the largest state to allow gay couples to marry.

The lawmaker who led the Marriage Equality Act to passage, New York State Assemblyman Daniel O'Donnell, he joins us live.

Great to see you.

He's the first openly gay man in the New York State Assembly. He also happens to be the brother of comedian Rosie O'Donnell.

Good to see you. This was a huge personal victory for you, as well as a political victory. Four weeks from, gay couples will start tying the knot in New York. When you heard from the governor that this was going to happen, what was that moment like for you?

DANIEL O'DONNELL (D), NEW YORK ASSEMBLY MEMBER: It was pretty intense. I mean, I have known for at least a month that there were the votes in the Senate to pass it if the Senate leadership put the bill on the floor.

John and I, my partner and I, my fiance and I, were the plaintiffs in the marriage lawsuit in 2004, so this has been a struggle for a long time. The state assembly has passed this bill five consecutive times, and I'm finally happy that the state senate followed suit.

MALVEAUX: Are we going to see a wedding cake in the future here?

O'DONNELL: Well, we've been together for 31 years. And before we were the plaintiffs in the marriage suit, he made me propose. He said, "We can't sue to get married since you haven't asked me to marry you."

So, over a glass of white wine at the Symposium (ph) Greek restaurant on 113th Street, I proposed, he accepted. So we've been waiting for this a long time. I expect we will get married in the fall.

MALVEAUX: Nothing like a little pressure. That sounds wonderful. Congratulations to you both.

O'DONNELL: Thank you.

MALVEAUX: Now, obviously, you needed Republicans on board to get this law passed, and they were on board. There's a great article in "The New York Times" that kind of explains the backstory to all this, and it's all about how a super-rich group of Republican donors worked with the governor and worked with Republican assembly members to give them political cover to vote for this.

How important was that, the financial aspect of getting this thing done?

O'DONNELL: Well, in a lot of ways, politically, this was a perfect storm. When the assembly passed the bill for the first time in 2007, the polling numbers were at 38 or 40 percent. The polling numbers now in New York are close to 60 percent. So that's a wonderful thing.

Our previous governor, David Paterson, was as committed as Andrew Cuomo was to the idea, although he didn't have the political power and the political popularity that Andrew Cuomo did. And so our governor was able to use that political power and that political support to help marshal this through.

And the third thing is that all the disparate groups that were working for this in the past all joined together and worked as a coordinated campaign. Then part of that campaign was money. And the money wasn't directly given to the senators, but the money was used to get people in the senate districts to contact their senators, to put TV ads up, to get celebrities like Cynthia Nixon and others to come to Albany and make the case -- Audra McDonald was here.

You know, all that, combined, made it a perfect opportunity for the senate to put the bill on the floor and convince those four Republicans that they should vote yes. And I owe a great debt of gratitude personally. My family and I will be forever grateful to those four senators who joined 29 of the Democrats in making this history.

MALVEAUX: Do you have any idea -- do you expect other states will be able to follow New York's model?

O'DONNELL: Well, New York is a very large state and a very diverse state. I mean, people think of it as just the pride parade in New York City, but there are parts of New York that are more like Ohio than they are New York City. And so it's a very large, diverse state.

It has led on a variety of social issues, whether it's women's voting or the abolition movement. All those things were started here in New York State.

And in the end, New York City is an international city which people look to and come to all the time. And so I am hopeful that this victory will be able to be mimicked and copied in other states, and I'm certainly available to go anywhere in the country anyone wants me to try to help to allow the citizens of those states to get the same rights that I finally will have on July 24th, which turns out to be my partner's birthday.

MALVEAUX: Well, happy birthday to him, early.

Did you happen to get a chance to talk to your sister Rosie about this? Did you guys have a conversation, a celebration?

O'DONNELL: Well, I'm sort of new to the Twitter thing, and so she started following me on Twitter after we passed the bill. And she and I had a late lunch/early dinner on Saturday. I only got back from Albany on Saturday afternoon, and I saw her Saturday night. And then yesterday was the pride parade.

So it was a busy weekend. But, yes, we had a very nice dinner, and she was very proud and very happy that this occurred. And she's looking forward to coming to my wedding.

MALVEAUX: OK. Great.

Thank you very much for your time. We're all a little new with the Twitter thing, but we're going to follow those tweets of yours. Appreciate your time. Thanks, Daniel.

O'DONNELL: Excellent.

MALVEAUX: Not everyone is happy about the passage of the Marriage Equality Act. New York Archbishop Timothy Dolan fought hard against it, and he voiced his disappointment after the vote.

(BEGIN VIDEO CLIP) REV. TIMOTHY M. DOLAN, CATHOLIC ARCHBISHOP OF NEW YORK: I was sad. I'm just sad because I think it's not good for -- it's not good for the common good. And that's what we've been arguing so long. It's just that I think a society, a culture is at its peril if we presume to tamper with what has been settled and given and already taught us and cherished for the history of civilization.

(END VIDEO CLIP)

(NEWSBREAK)

MALVEAUX: In Minot, North Dakota, the Souris River is slowly returning to its banks after cresting at an all-time high. That happened yesterday, but the damage is done. Many homes now are under water. It could be July 4th before a lot of folks can even go home.

Troy Erickson, he is joining us from Minot.

And Troy, you got out, I think, just in the nick of time on Friday. Have you been able to go back and check on your house? What is happening?

TROY ERICKSON, HOME DAMAGED BY FLOODWATERS: Yes, we have been back to our house, and the basement was completely flooded. And we had a good effort to try to save it, but there's only so much you can do.

But there's a lot of other people that are a lot worse off than we are and -- but our community has really come together to help and just -- it's a very, very difficult situation because it's going to be a long time to get things back to where they need to be. And we aren't that far away from the (INAUDIBLE), so it's very difficult.

MALVEAUX: Troy, where are you staying now since you left your home?

ERICKSON: We are up at my mother and father-in-law's up on the south end of town.

MALVEAUX: Is there any way for you to check on your home to get a sense of what it looks like or what you have left?

ERICKSON: Yes. We were there yesterday for a short period of time. We walked through our back yard, through about four feet of water, and got into the house. And like I said, the basement is full, but it's not to the main level yet. And I don't -- hopefully it don't get to that point. Maybe we can save ours.

MALVEAUX: Were you able to take some things with you?

ERICKSON: But across the street from us it's a lot higher.

MALVEAUX: Were you able to take some things with you?

ERICKSON: We did get most everything out. We have -- yes.

MALVEAUX: Do you have -- so you most of your belongings with you. Do you have flood insurance for the belongings that you had to leave behind?

ERICKSON: No, we don't.

MALVEAUX: What are you hoping in the next couple of days? Are you able to assess what you'll have left?

ERICKSON: Well, I'm hoping that water goes down, but it's going to be kind of hard to do when the water is still sitting out in front of the house to try to get the basement water out, because it's just going to probably keep coming in. So it's going to have to really go down before we can even get in there to do anything.

MALVEAUX: Troy, we understand that there are folks who are out there to try to help. We wish you the very best. We appreciate you're sharing your story with us. And please let us know what it is that you need during this very difficult time.

Thank you, Troy.

ERICKSON: OK.

MALVEAUX: Floodwaters are inching closer to a nuclear plant. Well, there are questions about whether or not there are shades of Fukushima. Our Rob Marciano, he's going to put that in perspective for us. That is 15 minutes from now.

And it's the last day for the Supreme Court before summer break begins. Some rulings are out this morning. Kate Bolduan is live at the Supreme Court with the latest.

(COMMERCIAL BREAK)

MALVEAUX: Now it's time for you to "Choose the News" you would like to see.

Today, a look at how social media and technology are having a unique impact on the way we do things. So, here are your choices.

First, "Facebook Standoff." A man holed up in a house with a hostage updates his Facebook profile several times during this ordeal. Now police are looking at how to handle social media in future cases just like that one.

And second, "Homeless Web Site." Two Twitter accounts run by homeless women have sparked a popular new Web page. Well, how that's creating an online community in helping organizations help people who are in need.

And finally, "Scan It," the new device that lets you scan your groceries, bag them, and head out the door in record time.

So, you can vote for your favorite story by texting 22360. Text 1 for "Facebook Standoff"; 2 for "Homeless Web Site"; or 3 for "Scan It."

The winning story will air in the next hour. Well, there are some video games so violent, that parents might think twice before letting their kids pick up their joysticks. But the question is, is it legal to ban selling them to minors? Well, the Supreme Court doesn't think so. That's one of the key rulings the court made today before going on break for the summer.

And our Kate Bolduan, she's at the Supreme Court.

Kate, tell us about the court's decision. What was the justification for that ruling?

KATE BOLDUAN, CNN CORRESPONDENT: Very interesting and a very important ruling, Suzanne.

This was a 7-2 decision by the high court. It was really a balancing act before the justices between consumer protection and free speech. And this has to do with the California law that would have banned when it was signed into law in 2005 the sale of excessively violent video games to minors, anyone under the age of 18.

In the majority, they basically said while the law may be well- intentioned, that it went too far, that it crossed the constitutional boundary of free speech. And I'll read you in part what the majority opinion said, this coming from Justice Scalia, Suzanne.

He wrote, "As a means of assisting concerned parents, the law is seriously over-inclusive because the bridges the First Amendment Rights of young people whose parents and aunts and uncles think violent video games are a harmless pastime."

Very Interesting coming from Justice Scalia.

But on the flip side, the justices who were writing in the dissent, they said this wasn't as much about censorship as they believe it was about education. And I'll read you the dissenting opinion, just in part, by Justice Breyer.

He writes, "In my view the First Amendment does not disable government from helping parents make such a choice here. A choice not to have their children buy extremely violent, interactive video games," He goes on to say, "Which they more than reasonably fear pose only the risk of harm to those children."

A very interesting ruling and one that many states will be watching to see where and where cannot draw their own line, in terms of consumer protection. And essentially bottom line, a very big win for the gaming industry, Suzanne.

MALVEAUX: All right. Kate Bolduan, thank you very much, Kate.

The Casey Anthony murder trial, it is back in session after the judge rules she is competent to stand trial. I'm going to talk to a criminal defense attorney about the latest drama in this riveting case.

(COMMERCIAL BREAK) MALVEAUX: Here's a rundown of some of the stories ahead.

Next, the Casey Anthony trial resumes after the judge's fury this weekend.

Then, monitoring nuclear plants after massive flooding in Nebraska.

And Michele Bachmann makes her presidential run official after weeks of campaigning.

Casey Anthony is competent to stand trial for murder. That is according to three psychologists who examined the Florida woman over the weekend. Now, court is back in session. That is happening right now. You're actually looking at live pictures inside the courtroom and Anthony, as you know, charged with killing her two-year-old daughter in 2008.

Joining us, criminal defense attorney Richard Herman. He is in Las Vegas.

And, Richard, I mean, this was pretty incredible what we saw over the weekend. There was this -- the judge was quite frustrated by everything. They said there was surprising information. Now we know that Casey Anthony underwent examinations by three psychologists at the request of her own attorney about whether or not she's competent to stand trial here.

What do we know about this? What was behind that?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, Suzanne, you know, if you look into this courtroom carefully, you can see the light at the end of the tunnel. And the pressure each day now is mounting because, obviously, the -- what's at stake here is her life. I mean in every criminal case, especially with the federal sentencing guidelines it becomes a pressure cooker the closer we get to the end.

Here she walked in the courtroom Saturday, she was visibly shaken, she was crying, she was upset. This motion was made. It was properly made. No one should take -- blame anybody for making this. They should have made this motion. They had to make the motion. And the judge responded appropriately. He immediately engaged two forensic psychologists and one psychiatrist to evaluate her over the weekend.

It was not to determine whether or not she was insane, this has nothing to do with insanity. This has everything to do with competency. Is she able to understand what's going on in this proceeding and is she able to effectively assist her counsel in her defense? That's what the focus was. All three of the medical personnel came back, reported to the judge, she's fine, she can proceed. I don't know if she is fine but she is competent to proceed and therefore this case began this morning.

MALVEAUX: Richard, did that help or hurt her that that happened over the weekend?

HERMAN: Well, you know, if you listen to all the talk about this, they're saying oh, it's a sign of weakness by the defense and it shows that they're just scrambling right now because it came so late in the game.

I don't know, Suzanne, and I don't want to read too much into it. It was a proper motion that had to be made. If she was hysterical, if she was falling apart there, the lawyers had to bring this to the attention of the court. They did the right thing. The judge did the right thing. And now look, the case started right up this morning and it's -- it could end this week.

MALVEAUX: So the defense is expected to rest on Wednesday, possibly Thursday. Do we expect this delay over the weekend will impact that at all? Are we on schedule?

What do we expect?

HERMAN: Suzanne, I think we're on schedule. I know we missed Saturday, which was going to be a full day. But I think by the end of this week, this defense case is going to rest. I don't believe he's going to put Casey Anthony on the stand because that would have taken probably a whole week of testimony just from her.

So it looks like this case is going to wind up. I expect to see George Anthony on the stand again, maybe Lee one more time, maybe Cindy one more time. But I think at the end of this week it's over. We're going to go to summations.

MALVEAUX: All right. We'll be watching very closely.

Richard, thank you. Appreciate it as always.

HERMAN: Thank you, Suzanne.

Natural disasters, the threats to nuclear facilities. We're going to look at two going on right now in the United States and see how one compares to the disaster at Fukushima.

(COMMERCIAL BREAK)

The Missouri River spilling over its banks and getting and getting awfully close to the Fort Calhoun nuclear plant in Nebraska. Part of a flood wall there collapsed late yesterday and the plant had to switch to backup generators.

Rob, tell us about this.

We know the plant is secure. A lot of people, though, wondering are we dealing with anything that's close to what we saw in Japan with the Fukushima and the nuclear crisis there?

ROB MARCIANO, AMS METEOROLOGIST: Well, it's certainly a valid question. Two different scenarios but both involve water, both involve the potential of seeing power taken away from what they need is and that's to cool these pipes.

I'll show you some video as we walk you through this, as well. What they've been using are inflatable bladders, basically, there you go, that actually were used in the Mississippi floods, as well. They pour water into these bladders that surround the sensitive areas and this is one of them. This is the power station that's associated with the plant itself. And they've used bladders on both sides of these things to surround the critical areas here and that's been helping. One of those was damaged and there was a temporary leak there.

As it stands now, they believe they tell us that as long as the river doesn't rise another two or three feet they should be fine. Right now the forecast is for it to rise maybe a foot or a little bit more than that. We should be OK with that.

Obviously when you talk about Fukushima, here's a Google Earth image of what that looked like when it was in good shape, you had huge tsunamis, more than one coming in, and knocking out all the power and then knocking out the backup generators and then the backups from that, and that caused this area to -- the core to actually melt down because it had the inability to cool.

The other thing we have going for us, Suzanne, is this is freshwater. That certainly helps. And two, we have -- this particular plant was on what's called a cold shut down or at least a cool shut down, meaning it wasn't fully operational and that requires less energy to keep the rods cool.

MALVEAUX: And Rob, I understand the flooding in Nebraska is not the only concern for a nuclear facility in the United States.

What else are we watching?

MARCIANO: Fires in New Mexico. Unbelievable. The forest fires that have been happening in Arizona, New Mexico and Texas. Now we've got a fire in the Los Alamos laboratory area, the national lab here, where guess what? Yes, they do stuff with nuclear weaponry and other hazardous materials.

Now that fire that you just saw video of is creeping closer to the entrance of Los Alamos National Laboratory. Here it is in New Mexico. It's about 40,000 acres or so. Zero containment. So that folks nervous. And now it's within a mile of the entrance of that place. The 11,000 people that work at the lab be has been asked to stay home with the exception of just a few essentials. So that tells you how serious that situation is.

Fire weather today not so bad, but as we get later into the week and towards the weekend, we expect the winds to whip up again. Zero containment with this thing, being very, very close to the Los Alamos National Laboratory has a lot of folks concerned here, as well.

So two items of nuclear concern. One with fire, one with floods. Officials have their hands busy, that's for sure.

MALVEAUX: All right. Rob, thank you very much.

We've got some breaking news here we want to give to you. This is the former Illinois governor Rod Blagojevich. We understand that there is a verdict now that's going to be read between 1:00 and 2:00. That is this afternoon. The jury, we are told by the CNN affiliate, that the jury has agreed on 18 of 20 counts deadlocked on two counts. This is all about whether or not the former governor was trying to sell former president -- former Senator Barack Obama's Senate seat in Illinois and whether or not he is guilty of that.

I want to go to Richard Herman who's got a little bit of background on this particular story.

What do we know? What has he been charged with? And this is not his first go-round.

I understand that we have just lost Richard Herman. We'll summarize the information that we have. This is the former governor of Illinois.

We've got Ted Rowlands on the phone who has been covering this story, as well. He's now in Chicago.

Ted, what can you tell us?

TED ROWLAND, CNN CORRESPONDENT: Well, Suzanne, the jury has talked to the judge and sent a message this morning to the judge saying that they have come to an agreement on 18 of the 20 counts against Blagojevich, meaning that there are two that they're still hung on.

What the judge has done, doesn't give a lot of information about these things. He sent out a note and says that he hopes to read the verdict between 1:00 and 2:00 Central Time. So between 2:00 and 3:00 Eastern. Presumably he's gone and told these jurors, all right, let's spend a few more hours on the last two counts and then we'll call it a day and read the verdict.

So we don't know what the two counts are that they haven't come to an agreement on, but they, after a long period of time working on this, they now have a verdict in this case. And there is a lot, obviously, at stake for Blagojevich. Many of these counts have 20-year maximum sentences, some have 10, some have 5, but a lot have 20. So if they have come back with guilty verdicts in those, the extortion, the bribery, attempted extortion counts, Blagojevich could be going to federal prison for a very long time.

MALVEAUX: And Ted, if you would, just remind our viewers very quickly kind of a little bit of the background here, what was he -- what has he been charged with?

ROWLANDS: He's been charged with a litany of charges. Wire fraud, attempted extortion, solicitation of a bribe, extortion conspiracy, conspiracy to solicit a bribe.

The government's case was very complicated. This time around, as you mentioned earlier, this is the second time around. They had a retrial in this case. The second time around the government tried to dumb it down, if you will, for jurors, especially in the closing arguments. They went down the complicated counts and they basically drew a road map for jurors and they left there feeling confident, feeling good that they had done an excellent job.

The last time around, Blagojevich was found guilty on just one count and jurors when they were polled later said it was just too complicated for them, they didn't feel comfortable finding him guilty, however it was 11 to 1, there was just one hold out juror. So we'll see how the government did this time.

MALVEAUX: All right, Ted. Thank you very much.

We want to bring in Richard Herman.

Richard, can you hear me?

HERMAN: Yes, I hear you, Suzanne.

MALVEAUX: OK. And I can see you now, as well.

HERMAN: I'm back.

MALVEAUX: Thank you.

HERMAN: OK. Good.

MALVEAUX: You've been watching this case closely.

What do you make of the fact that they came back with a verdict within the time that they did? This is what, a little bit more than six or seven days or so?

HERMAN: Yes. I think that -- and it's all speculation, Suzanne. Obviously I don't have personal knowledge here. But based on experience in over 30 years with these types of cases I think that he's going to get convicted here today. I think the hold outs held out on two of the counts, that's where their strength was.

But, you know, one juror prevented a clean sweep the first time around, and by dumbing down the case and simplifying it, coupled with Blagojevich taking the stand, you know, that's always such a dangerous thing, when you put the defendant up on the stand because if they catch that defendant in one lie, Suzanne, the jury then decides oh, my god, we can't believe anything this guy says and they really hold it against them.

So -- and that's why you're not seeing Casey Anthony take the stand. But, I think it was kind of devastating for him to testify in his own case and I think this jury is going to at least -- unleash vengeance on him today and I'm expecting some convictions, yes.

MALVEAUX: Richard, what was his defense? What was his explanation?

HERMAN: His explanation was, this is how business was done and I didn't do anything out of the ordinary and this is how politics is done, and, you know, we trade and we make deals and we try to better ourselves, but that's normal for an outgoing governor. It's a normal thing. And it was for the benefit of the citizens of Illinois. I mean, it just was preposterous and in Chicago, it's preposterous defense I thought and he was just -- I think he's just unable to carry the weight. When your chief of staff, Suzanne, testifies 100 percent against you and that is your right-hand person, it's kind of difficult to overcome that testimony and that's just one person in his close circle. Many others of his close circle testified against him and for the government. Now granted, they were cut immunity deals, deals to cut their sentences down and that comes out on cross. But still, it's pretty devastating testimony.

MALVEAUX: All right. Richard, thank you very much for your perspective.

Once again, breaking news. Blagojevich verdict that's going to be read today between 1:00 and 2:00 this afternoon. The jury has agreed on 18 of 20 counts. Deadlocked on two counts. We will find out the fate of Rod Blagojevich. We're going to take a quick break.

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MALVEAUX: A recent study shows half of all workers are unhappy with their jobs. Of course, there are a lot of reasons why but if you're dreading the work day because of a bad boss, well, we've got some tips for you on how you can cope with all of this.

Alison Kosik is here.

Alison, we don't have bad bosses, right? Yes, right?

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Never, nope. Not a one. Not a one.

MALVEAUX: But if you have one, what should you do?

KOSIK: OK, well what you're referring to, this is a Mercer survey that says 21 percent of employees, they're not actually looking to leave their job, but they do view their employer unfavorably.

So what do you do if you're unhappy with your boss?

Well, Rod Kurtz of AOL Small Business says, if you're not willing to quit in this tough economy, watch where you complain, meaning who you complain to or what you say in e-mail, because you really don't want it getting back to your boss, you know, what you're saying. And Kurtz says find tangible reasons for what you don't like and figure out how to make the situation better. Bosses like proactive employees, so list your goals.

Brad Carsh of Job Bound says asking for quick feedback daily to see how you're doing. And if the reason is because you were passed up for a raise or a promotion, Kurtz says performance reviews are really a good time to express your concerns.

But, of course, this goes without saying, if it's a serious issue like harassment, always go to your HR department, Suzanne.

MALVEAUX: Alison, what about being friends with your boss, maybe even like a Facebook friend? Is that considered OK?

KOSIK: Yes, you know what? It is really a thin line when your boss is your buddy outside of work. You know, 61 percent of employees think of their boss as a friend. But when it comes to your online life, some employees, they're looking to, you know, disconnect with their manager. That's according to a 2010 Deco Staffing survey.

Eighty-two percent of workers aren't connected to their manager on a social networking site. Thirty-two percent wish they weren't connected. And another 45 percent say they've tweaked their privacy settings on those site.

So Kurtz says, if you have professional connections, be careful of the persona that you're putting out there online. Limit the access that you have to your pictures, keep your tweets, if you're on Twitter, to just those closest to you, and maybe, you know what, Suzanne, don't accept that friend request. Just ignore, Suzanne.

MALVEAUX: Block it out, if you can. If that's possible these days.

KOSIK: Exactly.

MALVEAUX: All right. Thank you, Alison.

A lot of you are sounding off on our Talk Back question. We're asking: is it time for marriage equality in America?

Your responses, they are just moments away.

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MALVEAUX: You've been sounding off on our Talk Back question. With New York passing a law allowing same-sex marriage, is it time for marriage equality in America?

Well, Carol Costello, she joins us from New York with your responses.

Carol, what are folks saying?

COSTELLO: Well, let me tell you, the question as you said, is it time for marriage equality in America?

This from Leigh, "Of course it's time. The U.S. needs to catch up with the rest of the world. The next issue we'll have is to convert to the metric system. Basically the only country that hasn't. Being a superpower doesn't always make you smart. Get it together USA."

This from Jess (ph), "I think that it's time to get rid of the word "marriage" when it comes to secular benefits, tax breaks, health proxy, deaths benefits. These should all come automatically from civil unions for all couples. The word marriage should be given back to religious ceremonies and defined however each religion wants to define it."

This from Monique. "With the high divorce rates among straight couples, who are we to judge and talk about broken marriages and families? He who has not sinned cast the first stone in this case. Marriage is about love, not what goes on in the bedroom, which a lot of us fail to realize."

And this from Nick. "So you mean to tell me that equality comes before true Christian values? if your answer is yes, then something is truly wrong with your brain. This is a smack in God's face. This is un-Christian like."

And from Noah. "The fact that we're even asking this question is absurd. It's as appalling when the question was posed, is America ready for a black president> The answer to both questions is of course."

Keep the conversation going, facebook.com/carol CNN and I'll be back in about 10 minutes.

MALVEAUX: All right. Strong opinions on both sides.

Thank you, Carol.

An asteroid is nearing earth. It's a close encounter you don't want to miss hearing about. That up next in the NEWSROOM.

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