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Supreme Court to Rule on Health Care Reform; Time Running Out for Super Committee; Newt Gingrich Surges in Recent Polls; Former Penn State Coach Accused of Child Abuse Out on Bail; Teen Commits Suicide after She Claims Years of Abuse; "Chocolate Rain" Writer Puts Out New YouTube Video

Aired November 14, 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: Now hour two. Watch this.

And welcome back. I'm Brooke Baldwin.

Here are a couple of stories we're looking at. First, the Supreme Court decides it will in fact weigh in on President Obama's health care law. Also, a charity chief resigns amidst this Penn State sex abuse scandal. And an American is on a Russian rocket heading to the International Space Station.

Time to play "Reporter Roulette."

Jessica Yellin, our senior White House correspondent, let's begin with you.

And first just give us the news. Tell us exactly what it was the Supreme Court will be deciding upon.

JESSICA YELLIN, CNN CHIEF WHITE HOUSE CORRESPONDENT: Brooke, they will hear arguments about the Affordable Care Act, the health care law, and specifically whether the individual mandate is constitutional. That's the provision that requires every American to buy health insurance or pay a fine.

They will also decide whether the law can stand without the individual mandate, and that's a decision that will affect every American, Brooke.

BALDWIN: So when will the court actually take up the case?

YELLIN: They're going to hear arguments this spring most likely around March or April. A decision is expected in summer, which is traditionally when the court rules on big cases from the current term.

BALDWIN: So summer, that's, what, a couple months away from a big November date. Talk about how the politics of this whole thing could play out for the administration.

YELLIN: Yes. That's just as the presidential campaign would be heating up. If it's upheld, that will be some wind in the president's sails. This was the signal accomplishment of the president's first year, arguably this whole term on the domestic front. If it's struck down, no doubt it will be a blow, undermining one of his accomplishments, especially if the court rules you cannot separate this from the rest of the health care law. The administration likes to say, even if the mandate is struck down, other pieces of the law can stand, like for example the provisions that says kids who are 26 and under can still be covered under their parents' insurance.

If the court says the whole law will have to be struck down, that will be very painful for the president and for the campaign indeed, Brooke.

BALDWIN: Thank you, Jessica.

I want to continue talking about this with senior medical correspondent Elizabeth Cohen, who is here with me in the studio, about what the Supreme Court's involvement, I guess, how that affects you, your health, your medical coverage right now, and specifically the provisions in the health reform law that are in effect right now. So how will the court's decision affect those mandates?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: It might not affect the mandates that are in there right now.

Here's one of the big ones that it will affect. Down the road, the insurance companies are supposed to be required to insure people with preexisting conditions. So you had a heart attack yesterday, you have got diabetes, whatever, they will have to insure you.

But, if that individual mandate, as Jessica explained, that requirement that we all buy insurance, if that goes away, they don't have the money to pay to take care of all of those people with preexisting conditions. The two are really...

(CROSSTALK)

BALDWIN: Inextricably linked.

COHEN: Inextricably linked. And so that would really dismantle that whole provision.

BALDWIN: You have heard the parallel, well, there are state governments. And they have requirements for things like car insurance. So why would some people, I guess, have a problem with a federal requirement? There are many a person who has an issue with the federal government saying you have to buy this.

COHEN: Right, because what those people would say is car insurance is something different. That's for the privilege of owning a car. Right?

But what other things do we require of people just by virtue of being alive? When else do we tell people, you live in the United States, you have to purchase X? We really don't do that. This is something very, very different, and that has a lot of people's feathers ruffled.

BALDWIN: OK. Elizabeth Cohen, thank you so much.

COHEN: Thanks.

BALDWIN: Next here on "Reporter Roulette," new fallout in the Penn State sex abuse scandal.

HLN's Mike Galanos is in University Park, Pennsylvania.

And, first, Mike, just tell us about this latest resignation there, the chief of this charity.

MIKE GALANOS, HEADLINE NEWS CORRESPONDENT: Yes. We're talking about Jack Raykovitz. He's been the president and CEO of The Second Mile Foundation again founded by Jerry Sandusky for troubled youth in 1977. He's been on the job since 1983, so that's 28 years.

He resigns and he issued a statement. Let me read just a brief portion of that to you, Brooke. It says, "I shall resign," saying, "Providing any statement beyond that sentence takes the focus from where it should be, on the children, young adults and families who have been impacted. Their pain and their healing is the greatest priority. And my thoughts and prayers have been and will continue to be with them."

And he hopes the resignation will help in the restoration, healing and continued faith in this organization. Leads to the questions, real quick, what did Second Mile know about any allegations over the years?

You go that 2002 incident where the grad assistant Mike McQueary says he saw Sandusky assaulting a kid in the showers. All Second Mile says they know is that Sandusky was banned from the showers or locker rooms with any kids. They did not know of the serious allegations. And then Sandusky told them in '08 he was being investigated. He finally resigned from the organization in 2010.

BALDWIN: A lot of not knowing or talks of not knowing things. We're also learning a little bit more about this woman, the district judge who Sandusky out on that $100,000 bail. Who is she?

GALANOS: Leslie Dutchcot is her name. And what we're finding out is, she's a volunteer in the Second Mile organization. A lot of people in and around State College and I think across the country are saying, how is this guy out on bail? The bail she set, $100,000, no monitoring. He's accused of being a dangerous child predator.

Prosecutors wanted $500,000 bail and a leg monitoring device. Even the governor of Pennsylvania Tom Corbett weighed in, saying that bail should have been higher. Again, the outrage brews when you hear she is a volunteer with the organization.

BALDWIN: HLN's Mike Galanos on campus there for us at Penn State, thank you.

Next on "Reporter Roulette," Chad Myers here to talk about this Russian spacecraft with a crew of three now on its way to the ISS, left early this morning from a very snowy Kazakstan.

CHAD MYERS, CNN METEOROLOGIST: Once you see this video, you're going to understand this didn't come out of Florida.

BALDWIN: No, very snowy.

MYERS: This was not Cape Canaveral. Even blowing the snow around as they lifted off today.

The first time a U.S. astronaut in a Soyuz rocket to the space station since obviously the retirement of the space shuttle. It's a momentous day. Great launch. Let me tell you, the Russians haven't had a great bunch of luck here the past couple of things they have done, including this one probe that was going to Mars. Now it's just stuck in our atmosphere, and if they can't get it fixed, it will be kind of flung back to the Earth.

We will see all these things, though. This is a fantastic launch, and it's on its way. And the Soyuz guys are happy today.

BALDWIN: I was talking to the commander of the ISS. I think they're kind of ready to come home. They have been up there since June. But I didn't realize that Russian probe is still out there floating.

MYERS: It is still out there.

BALDWIN: Had no idea.

MYERS: The second stage didn't fire. It was supposed to take one stage to get to the atmosphere, right to the edge, and then second stage, take it to Mars. It would take a long time, but it will get it to Mars.

The second stage failed to fire. It's floating up there now as a defunct piece of junk that will eventually fall back to space -- for fall back to Earth from space, 11 tons of toxic fuel on board, though, because that fire obviously didn't go, that fuel is still on board. If that makes it back to the Earth, as it falls down, that could cause problems in some spots.

BALDWIN: OK. Chad Myers, thank you. And that's your "Reporter Roulette" for this Monday.

Still ahead, a heartbreaking story. A teenager kills herself. She leaves behind a flurry of haunting messages on Twitter about her painful past, what drove her to the edge. We're going to speak live with the prosecutor considering this case.

Also, time is running out for the super committee to decide who gets spared, what gets cut. But what happens if there's no deal? Who's impacted by those automatic trigger mechanisms we have been talking about?

Plus, if you thought unemployment in America couldn't get any worse, a big-time bombshell in the NBA lockout. A sudden move by the players means the entire season now could be in jeopardy.

And a couple is suing an airline after seeing cockroaches on board plane. Wait until you hear where the bugs apparently showed up. Stay with me.

(COMMERCIAL BREAK)

(NEWS BREAK)

(BEGIN VIDEO CLIP)

HOWARD KURTZ, CNN CONTRIBUTOR: It's more important to be famous than to have any particular talent when it comes to this thing we used to call journalism.

(END VIDEO CLIP)

BALDWIN: CNN's Howard Kurtz weighing in on Chelsea Clinton's new job as a TV correspondent. We will tell you what she will be doing and for which network.

Plus, as tensions grow over Iran's nuclear ambitions, Israel's president speaking out to CNN -- what he says about possible military action against Iran.

Also, he's a guy who advises Coca-Cola, never been in the government, and they call him Super Mario. Up next, a fascinating look at the man who could soon lead Italy, one of the world's most powerful economies, an economy keep in mind that has a huge impact on us here in the U.S.

We will be right back.

(COMMERCIAL BREAK)

BALDWIN: American markets, they slid today in afternoon trading. The Dow at this hour down is just about 100 points here, as we're less than an hour from the closing bell. And analysts are blaming Europe, saying investors aren't very confident yet in the major leadership changes over the past couple of days.

And the latest involves this man right here. And you're for forgiven if you haven't heard of him. He really hasn't been a huge public figure until now. This is Mario Monti, his nickname, Super Mario. He's the man handpicked by the president of Italy as the next prime minister.

And I want to give you a short version of just exactly who this man is. He's 68 years of age, and he's a member of the European Commission, has been for 10 years. Here is a little bit more. He's an economic professor with a hand in more than one major corporation. He's an adviser for both Goldman Sachs and Coca-Cola.

And Monti went to Yale. He went to university in United States, and then postgrad studying at Yale. And bigger picture here, here's how this all shakes out. Mario Monti will form a government. He will name some ministers, and then the Italian Parliament will either approve him as prime minister or send it back to the president for another candidate.

The process in Italy is moving fast. In fact, he was just nominated yesterday. As this economic crisis plays out in Europe, a possible security crisis playing out right now in the Middle East. Just days after this watchdog group said Iran is on the verge of building a nuclear bomb, talk of military action against Iran is on the rise.

And CNN's Piers Morgan just interviewed Israeli President Shimon Peres. Watch.

(BEGIN VIDEO CLIP)

SHIMON PERES, ISRAELI PRESIDENT: I wouldn't suggest to start immediately with a military operation, nothing at all.

I would rather prefer to see a tighter economic sanction, a closer political pressure. And what is lacking very much is an attack in moral sense, because Iran is a spoiled country. It's morally corrupt. They're for killing -- they're the only country that threatens to destroy another country openly. They hang people.

They arrest the opposition. They shoot around. They spread arms. They encourage every center of terror all over the world. It's a danger. And today, terror is a global matter very much like economy.

It can arrive with 9/11 to New York. It can arrive Chechnya. It can arrive to Moscow. It's mobile and it's dangerous. So I don't think we have to feel alone in that respect.

PIERS MORGAN, HOST, "PIERS MORGAN TONIGHT": Could you foresee a situation where Israel may take military action without the whole support of the United Nations or indeed America?

PERES: We will first of all see what the world is doing. We don't want to trump alone. We are part of the civilization, of the family of international responsible countries. And we expect that the leaders that make a promise will be fulfill it.

(END VIDEO CLIP)

BALDWIN: And, of course, don't forget to catch the entire interview tonight 9:00 Eastern right here on CNN.

Back here in the U.S., they are not household names, but there's a pretty good chance they soon will be. CNN is taking a look at the people on the cutting edge of technology and innovation.

Today, a sneak peek at the life of a perfumist.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: All of the fragrances that I do here in the library burning leaves, the tomato leaves, they mean very specific things to me. They are very -- you know, they're my memories. I mean, to a degree, they are me. But when another person smells them, they're having a very, very different experience.

(END VIDEO CLIP) BALDWIN: So this is our brand-new show here on CNN. We're calling it "The Next List." And Dr. Sanjay Gupta is the host. You can watch it Sundays in the afternoon, 2:00 Eastern time here on CNN.

Up next, it's a story that affects the future of our government, the entire country. Yet there is still no deal on how to fix America's debt problem. Doesn't sound urgent enough to you? Well, the so- called super committee is just nine days -- nine -- to get a deal done. We're going to tell you what happens every day there is no deal.

Also, brand-new polls here revealing a brand-new threat to Mitt Romney and his front-runner status. Plus, we will tell you where Herman Cain and Rick Perry stand after their whirlwind of a week. We will be right back.

(COMMERCIAL BREAK)

BALDWIN: It has come to our attention that the story of the month, maybe the story of the year, is causing a lot of folks to hit the snooze button. Here's your wakeup call.

Today is November 14 and this so-called super committee up there on Capitol Hill, it's got nine days, nine, to essentially rewrite the future of the United States government. Not an exaggeration. Take a look at some of these numbers.

Our government owes its creditors close to $15 trillion. That is our national debt. So this year, 2011, we will add another trillion-plus debt, next year, 2012, another $1 trillion plus debt. You follow me? You see where we're headed, running out of money, running out of room. Quite honestly we're running out of time.

So, as you know, Congress tried and utterly failed last summer to tackle this monster so they punted the ball over to this super committee of six Republicans, six Democrats. They figure it out. Easy-peasy, right? Wrong. Not looking good. And they got this little lecture not too long ago.

(BEGIN VIDEO CLIP)

ERSKINE BOWLES, FORMER CO-CHAIRMAN, NATIONAL COMMISSION ON FISCAL RESPONSIBILITY AND REFORM: I have worked closely with almost all of you on both sides of the aisle. I have great respect for each of you individually. But, collectively, I'm worried you're going to fail, fail the country.

(END VIDEO CLIP)

BALDWIN: Lisa Desjardins, host of CNN's "American Sauce" podcast, live for me on the Hill.

Lisa, I know this week you're looking at a possible super failure on the part of the super committee. So Congress -- go with me on this football analogy, Lisa. They punt the ball to the super committee, and it's starting to sound to me as though the super committee is going to punt the ball right back to Congress just as we're paying $4 billion a day on interest on the debt alone.

LISA DESJARDINS, CNN RADIO: I know. That's probably more than we waste on the Washington redskins here in Washington to go with the football analogy. And I'm a Redskins fan. Just unhappy with them right now.

Brooke, you're right. To the point about punting, not only -- if the super committee fails in the next nine days, they would punt it not just to Congress, but really, Brooke, when you think about it, they would be punting this whole mess to computers. They would put in place just across-the-board cuts of 8 to 9 percent that really no single person would be thinking out appropriately.

Some appropriators would get their hands in it, but basically these computers would dictate these broad across-the-board cuts. So it's very serious.

BALDWIN: We hear about raising taxes, we hear about cutting discretionary spending, clearly big disagreements on those two fronts. But the one thing everybody agrees on is the fact that health care costs, they're eating us alive.

Let's take a listen to both a Democrat and then a Republican.

(BEGIN VIDEO CLIP)

REP. JEB HENSARLING (R), TEXAS: Health care costs measured by GDP roughly have doubled since the time of my birth until I entered the work force and have risen about two-thirds since then and are growing at what all acknowledge to be an unsustainable rate.

BOWLES: The rapid growth of health care and the unsustainable growth of health care is our number-one problem.

(END VIDEO CLIP)

BALDWIN: So, Lisa D., let me show you a couple graphics. Take a look with me. We have one graphic, it shows where we are right now. We are spending about a fifth of the federal budget on health care programs, so that's the beige slice of the pie there at the bottom, and we're spending 6 percent, the blue, on interest on the debt.

So those two slices are getting bigger, they're getting bigger, my goodness. What if interest rates rise? They're at rock bottom right now. I guess my question is this. We keep hearing folks say, everyone knows the way to get the debt down, but no one wants to say it out loud, especially where you are. What is the solution that everyone says is out there?

DESJARDINS: Right.

I think we may be at the point where people are starting to admit that we have to have both revenues and spending cuts. We had some great reporting from our Capitol Hill team last week, our Kate Bolduan and others, talking about how Republicans have just put some revenue on the table. They're ready to get rid of some deductions. One example, Brooke, folks who have a second home, Republicans are now saying, well, maybe you shouldn't get a tax deduction on that second home anymore. That's a big move for Republicans who hadn't said any revenue should be allowed. So that's the solution. We have got to bring revenue and we have got to bring some spending cuts together.

But where these guys don't agree is, Republicans want more spending cuts. Democrats want more revenue. I know a lot of the public is just like, come on, guys, you need to bring it more to the middle, some of both. That's where they seem to be going.

BALDWIN: And then there's this name, and it's like he's the ghost in the room, Grover Norquist.

(BEGIN VIDEO CLIP)

ALAN SIMPSON, (R) CO-CHAIR, PRESIDENTIAL DEBT COMMISSION: If Grover Norquist is now the most powerful man in America, he should run for president. There's no question about his power, and let me tell you, he has people in thrall. That's a terrible phrase. Lincoln used it. It means your mind has been captured, you're in bondage with the soul.

So here he is. I asked him, he said, my hero is Ronald Reagan. I said, well, he raised taxes 11 times in his eight years. He said, I don't know, I didn't like that at all. I said, well, he did it. Why do you suppose? He said, I don't know, very disappointing. I said, probably to make the country run.

(END VIDEO CLIP)

BALDWIN: Alan Simpson there. So remind us all, Lisa, who is Grover Norquist, this unelected lobbyist, and why does he yield such power?

DESJARDINS: Grover Norquist, head of Americans for tax reform. Here's why he has so much power. A lot of people will debate this, Brooke, but I'll cut to what I think the bottom line is. He did something that very few other people have done. He made members of congress, members of state legislatures sign a pledge. Rather than just make a promise, he got them each to put their signatures on a piece of paper saying essentially they wouldn't raise taxes, and also that they would oppose any net increase -- I'm sorry, net cut in tax deductions.

Now, he has these pieces of paper, in fact, Brooke, when I would worked in South Carolina more than a decade ago he was going around the South Carolina statehouse getting names of people who at that time weren't very powerful but who are now congressmen. That's why he's powerful. He has those signatures.

BALDWIN: Lisa, it is a pleasure. Let's talk again. By the way, just to let our viewers know, if you want to listen to Lisa's weekly podcast, American sauce, you can download it free he from iTunes.

Now it's time for an America's Choice 2012 update. We have some new polls out on the GOP race. We'll bring in our deputy political director Paul Steinhauser. And Paul, talk to me about Romney and Gingrich.

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Brooke, 50 days now until the first votes of the Iowa caucus. We have a whole new ball game in the battle for the Republican nomination. Let's go to the numbers. This is CNN/ORC. We did it over the weekend. There's Mitt Romney, the former Massachusetts govern, right at the top where he's always been with 24 percent of Republicans and independents that lean towards the GOP supporting him. But look at Newt Gingrich, Brooke, that's the big story, now at 22 percent. That's basically all tied p up with Romney. Look at that, up 14 points since October.

Herman Cain, the other big story, the businessman down to 14 percent. He was at 25 percent in October. Rick Perry, the Texas governor pretty much where he's been, 12 percent. Ron Paul also pretty much where he's been.

So what's behind Gingrich? Look at this, looks like he's popular. Who knew? Newt Gingrich, 61 percent of Republicans say they have a favorable opinion of him. One thing for sure, there have been 10 debates and Newt Gingrich has done very well in the debates, Brooke.

BALDWIN: What is it there looking at Cain and Perry, is it the oops moment, his performance in the debates? Is it these sexual harass the allegations with regard to Perry and Cain respectively? Is that what's doing this?

STEINHAUSER: Let's start with Cain. It has been two weeks since the allegations. Four women now claiming that he committed sexual harassment against them in the late 90s when he was head of the National Restaurant Association. We asked, is the issue serious or overblown? This is Republicans only. Four in 10 , almost, say it's a serious issue. That's a lot. And among Republican women that number goes higher.

As for Perry, go to the next number. That overall number looked pretty good, didn't go down much. But look at this -- does he have the personal qualities a president should have? And 58 percent say that now, that number was 72 percent in September. His poor debate performances, it seems, especially that "oops" moment from last week, are having consequences Brooke.

BALDWIN: They are indeed by the looks of the numbers. Paul, thank you so much.

Coming up next, this is a tough one to tell. Despite the horrific charges against him, former Penn State coach Jerry Sandusky out on bail. We're now learning the judge who made the decision has an interesting connection to Sandusky.

Plus, a couple is suing an airline after seeing cockroaches. Yes, can you imagine sitting on a plane and a cockroach scuttles on by? Find out where the creepy crawlers were lurking and what the couple is asking for. Sunny Hostin is "On the Case." She's next.

(COMMERCIAL BREAK) BALDWIN: We've been talking a little bit about tornadoes this hour. Let's get back to Chad Myers because there's a tornado warning heading toward Purdue University, Indiana.

CHAD MYERS, AMS METEOROLOGIST: Right in Lafayette, Indiana, and right into Purdue, yes, exactly. The storm is exactly three miles or so still to the west. I want to alert you if you're in the Purdue area, you need to be inside a building, stay away from the windows, get to interior hallways, away from the windows that look out. I don't have a tornado officially on the ground, it's rotating enough that I'm concerned about it. Any kind of damage when you have that population density in one spot, we have to be concerned about. Anybody in Lafayette, you need to be taking cover now. Brooke?

BALDWIN: Chad, thank you. We'll stay on that.

Also now "On the Case." The judge who granted bail, $100,000 bail, to former Penn State defensive coach Jerry Sandusky has ties to Sandusky's Second Mile charity. That detail coming out today. And the first civil lawsuit in the Penn State sex abuse scandal could be coming.

Sunny Hostin is "On the Case." And Sunny, let's begin with this judge, Judge Leslie Dutchcot. She let Sandusky out of bail, I mentioned $100,000 unsecured bond. Unsecured -- remind us what that means, and is it unusual that kind of bond for a child sex abuse case?

SUNNY HOSTIN, CNN LEGAL CONTRIBUTOR: Not only is it unusual, it's extraordinary, Brooke. This basically meant that he could just not show up to any court proceeding and then only have to pay money if he failed to show up. I mean, typically with child sex abuse cases like this -- I mean, these allegations are so significant, not only are folks usually not even allowed out because the standard is whether or not they're a threat to the community, if they are allowed bail, it's typically very high, Brooke. Also there's some sort of monitoring equipment placed on the person. There are all these restraints. They're not allowed to see or live near children. They're not allowed to be alone with children. So it's quite extraordinary that he was let out on bail with only $100,000 and unsecured $100,000, very, very unusual.

And in my view -- I mean, I was a former -- I'm a former child sex crimes prosecutor. I just have never seen anything like this, given the allegations. I've never seen a judge release someone on this type of bail. It's extraordinary.

BALDWIN: So you have that extraordinary piece of the story. Then you also have this judge who now it's come out she was a volunteer for Sandusky's charity Second Mile. Should she have excused herself, handed this case off to another judge?

HOSTIN: Well, look, we don't know the extent to which she volunteered. We don't even know when it happened. We don't know if it was for one day or one hour. We don't know if she ever met Jerry Sandusky. But the issue is, because we don't know, she should have at the very least told the government, told the defense about her volunteer status with the organization. It has the appearance of impropriety and we expect more from our judicial officers.

BALDWIN: OK, case number two. Let's talk about this couple, they're suing AirTran. This is all because they claimed there have been these cockroaches coming out of air vents. They were apparently on this plane from charlotte, North Carolina, to Houston. They say the flight attendants were too busy to do anything about it. Apparently the couple took pictures. We have some of them. Yikes! Yep, that looks like a roach on the plane. The couple's lawsuit alleges false imprisonment and emotional distress. What else are they claiming? Sunny? You with me? Oh, did she lose her IFB, guys? We'll get her answer. That's a tease. We'll talk cockroaches and get Sunny Hostin's IFP working right after this. Stay with us.

(COMMERCIAL BREAK)

BALDWIN: OK, and we're back. So we have Sunny Hostin standing by, and she can hear me now. Back to the cockroaches. So where did I leave off? This couple on the plane suing AirTran claiming the cockroaches took out of the vents. They took pictures. They're on this flight from Charlotte to Houston.

HOSTIN: It's awful!

BALDWIN: It is so, so awful. I would have been hitting that flight attendant left and right. Apparently they say, though, that the flight attendants had other important things going on, saying, what specifically, they're suing alleging false imprisonment and emotional distress? What else are they claiming here?

HOSTIN: They are suing for a lot of different things, in addition to intentional infliction of emotional distress, nuisance, fraud, false imprisonment, unfair and deceptive practices. Interestingly enough, the passenger was a couple, the guy is a lawyer. And so it's the worst person this could happen to, right?

And so his companion is saying she can't fly anymore. She was just so disgusted by this. They had to clean out all of their things. They had to throw certain things away -- certainly the wrong passengers for this to happen for. They're suing for $100,000. Is that outrageous? I don't know if that's so outrageous. I mean, bottom line --

BALDWIN: I mean, $100,000, that's a chunk of change.

HOSTIN: It's a chunk of change, but it's never going to trial. This is going to settle. And bottom line is I foresee a lot of free flights for this couple if they want to get back on AirTran and perhaps some sort of compensation.

BALDWIN: What's AirTran saying?

HOSTIN: We've reached out to AirTran. We haven't had opportunity to get comment from had them. I'm sure they will be giving us some comment in the future. And if we do get that, I'll let you know, Brooke, what they say. But certainly not a pretty picture, right? The roaches were out long enough for them to take video and photographs so that's going to be -- that's Exhibit A in the lawsuit. It's got that eek factor. Instead of snakes on the plane, we have roaches on the plane.

(LAUGHTER)

BALDWIN: Thank you, Sunny Hostin, "On the Case" for us this Monday.

All right, coming up next, this is horrific. A teenager with her whole life ahead of her, she commits suicide after years of alleged sexual abuse. But before she did, she posted her last haunting words on Twitter. She admits there was one final straw that put her over the edge. We're going to speak live with the prosecutor in this case about reports that no one believed her. Don't miss this story and don't miss the interview. We're back in 15 seconds.

(COMMERCIAL BREAK)

BALDWIN: I want you to look at an image we're going to show you, this young woman, here she is -- Ashley Billasano, a smiling, vibrant 18- year-old high school senior in Texas, an age when there is so much to look forward to, everything from senior prom, college, the freedom and promise of becoming an adult.

But Ashley Billasano was haunted and apparently tortured as well. Last week she poured her heart out onto twitter, 144 tweets over the course of six hours. And then Ashley killed herself. Her flurry of tweets detailed her torment, allegations of sexual abuse by a family member and others, detailed her struggle to deal with all of this. And then the final straw, a phone call telling her it was unlikely her abuser would be prosecuted.

Let me read you this. This is from the "Houston Chronicle." They're all over this. She tweeted, quote, this is from Ashley, "That's when I changed. I didn't care anymore, and the people I was meeting gave me no reason to." Among Ashley's final tweets, she also tweeted this - "I'd love to hear what you have to say, but I won't be around."

Ashley, hundreds of people came to had her funeral on Friday. Her best friend read from Ashley's farewell letter. She wrote, "To whom it may concern," quote, she says "I've been screwed over one too many times. I've been called a slut one too many times. All I ask is, why me? I never did anything to anyone. I have been abused and tormented my whole life. It got to be too much and swallowed me whole."

We have a lot of questions. A lot of questions about the statuses of Ashley's abuse case and the phone call that she tweeted about. Dayna Blazey is a prosecutor with the district attorney's office in Travis County, Texas. She is on the phone with me from Austin. Dayna, I just have to first begin with -- I know this is an active investigation -- but tell me first when did Ashley's abuse allegations first come to light? When were you all made aware, and how extensive was the abuse she described?

DAYNA BLAZEY, ASSISTANT DISTRICT ATTORNEY, TRAVIS COUNTY, TEXAS: OK, without -- as you said, because it is still an open and active case, I can't talk about the specifics. We were made aware of this investigation by the police department -- I believe they began their investigation earlier this year. And they conducted an investigation into the allegation allegations and interviewed many people and concluded their investigation by forwarding the case to the district attorney's office, which is commonly done in these types of cases.

At which point we have and still do an open case with an open investigation pending presentation of the case to the grand jury. I am not aware of anybody from this jurisdiction, whether it's law enforce the or whether it's somebody from the district attorney's office, indicating to Ashley or her family that there was not a criminal case that criminal case being pursued.

BALDWIN: So you have no indication, whether it's from your office or from the Pflugerville police, of any member of the department saying to her, it's not a case you'll win, don't pursue it. You never heard that?

BLAZEY: I am not aware of anybody telling her that the case was closed and that it would no longer be pursued as an investigation or as a criminal prosecution. And in fact in speaking with her mother last week and discussing the status of the case, her mother indicated to me that she was aware that the case was open and had been sent to the district attorney's office.

BALDWIN: So her mother is, was, aware of this abuse? According to conversations you've had?

BLAZEY: Yes.

BALDWIN: Yes. Let me ask you this. Is it standard procedure to backburner a case if the victim, Ashley, anyone else, moves out of the alleged abuser's reach?

BLAZEY: No, it is not. One thing we look at in child abuse cases, and I was a child abuse prosecutor for 16 years. Our primary concern when we get an allegation of child abuse is to -- is at the safety, for the safety of the victim. And the process in which these investigations take place is a multidisciplinary investigation where law enforcement, in conjunction with child protective services, typically conducts a joint investigation.

So our primary focus is the safety of the child and making sure that child is in a safe environment. Many times children move out of their home into the home of a protective caregiver, and that has no impact on the investigation.

BALDWIN: Dayna, last question. You know, I know Ashley's gone. Will this continue on to the grand jury? What's the status of the case now?

BLAZEY: The status of the case is that it's still open. It's still pending. At this point, what we have to do is we have to go back and we have to look at the evidence that we have in this case in light of knowing that Ashley is not going to be available to testify.

And I just want to say this -- from the perspective of someone, in my position that has seen some really horrific cases, we are very aware of the emotional damage that this kind of abuse does on a child. And our hearts go out to Ashley and her family that the pain that she was going through was so immense.

BALDWIN: Our hearts go out as well. Dayna Blazey, thank you very much. We hope that if there is enough evidence you do pursue the case, even though Ashley is not with us, because as I say time and time again in these kinds of stories, we can do better for all of the Ashleys out there. We will continue this conversation tomorrow. Ashley's mother will join me on this program. So please, whether you have kids or not, we want to hear and we want you to hear her story.

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BALDWIN: "THE SITUATION ROOM" is coming up in a couple minutes with Wolf Blitzer. Wolf is in New York, but Wolf and I were together in Washington at the end of last week. And speaking of these horrendous stories with regard to child abuse, I want it thank the Every Child Matters group. Here they are, and a number of folks that they honored last Thursday at the House of Sweden. It is something I feel very strongly about. I get very angry about these child abuse and child death stories. And so I just want to thank them again, Every Child Matters, for what they do each and every day for our children. And with that --

WOLF BLITZER, CNN HOST, "THE SITUATION ROOM": And you did a beautiful job and it's a great cause. Thanks so much for coming to Washington. I'll be coming to Atlanta later this week. I've got a special event I'm going to be participating in. More to come on that. You know what it is.

BALDWIN: I know what it is.

BLITZER: We'll share with our viewers. It's going to be a lot of fun.

In the meantime, let's focus in on "THE SITUATION ROOM" that's coming up right at the top of the hour. We have a lot of news going on, including what is going on with Penn State, with Herman Cain and the brand new poll numbers. Rick Santorum, by the way, he's a graduate of Penn State University, a former senator from Pennsylvania. Has some deep thoughts on what's going on in his alma mater. So we've got a lot going on at the top of the hour, Brooke.

BALDWIN: Wolf, thank you so much. We'll see you then.

Coming up next, remember the chocolate rain guy, that music video? He's back. You've got to see this.

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BALDWIN: All right, Political Pop time. Remember this guy? He is getting some political attention. This is a viral video from 2007, 73 million views. Fast forward to today. The "Chocolate Rain" guy has a brand new song. Joe Johns, he is singing about the economy.

JOE JOHNS, CNN SENIOR CORRESPONDENT: What else? All right, what's the guy's name, do you know?

BALDWIN: The chocolate guy.

JOHNS: Tay Zonday. It doesn't ring a bell for me. Not a household name. But when you hear the song, Brooke, yes, that's when you hear the "Chocolate Rain" guy. Lyrics are a little remote. He says "Chocolate Rain" is about racism. It is not about the video that got 70 million views, there were captions written and so on.

Fast forward to today, like you said, he has a new release, and the lyrics are still pretty remote. But this time, you know exactly what he's talking about, the economy. Yes, a little strange. This time he looks a little bit older. He's got on a suit jacket and tie. There are subtitles so you can understand. So listen.

(BEGIN VIDEO CLIP)

(SINGING)

(END VIDEO CLIP)

BALDWIN: Yes, OK. So we have a little rap action. Sort of Jamaican rap thing. He has 31,000 views so far and according to YouTube it was only uploaded like yesterday.

BALDWIN: We will keep an eye on it.

JOHNS: Tay Zonday, there you go.

BALDWIN: Thank you, Joe. Nice to see you. And thank you so much for watching. And now to New York and Wolf Blitzer. "THE SITUATION ROOM" starts right now.