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Fighting in Syria; Jobless Benefits Run Out for Long-Term Unemployed; Legal Panel Tackles Interesting Cases
Aired June 09, 2012 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: We're going to take you on to Syria right now, where rebel forces and the Syrian military are battling it out in the city of Homs today. Explosions and gunfire could be heard most of the morning. There are also reports of increased anti- government activity in the capital of Damascus, and that dozens have been killed around the country.
But despite the violence, Russia now says foreign intervention is not an option. Our Arwa Damon live on the phone for us from Beirut, Lebanon.
So, Arwa, the violence in Homs sounds pretty terrible, and now with Russia weighing in in this way, how does anyone propose to see a future without this kind of continued violence?
ARWA DAMON, CNN INTERNATIONAL CORRESPONDENT (via telephone): Well, that's the big question, Fredricka. And it has been pretty much since the onset of this uprising. Russia's position has not changed, and no matter how extreme the violence inside Syria becomes, no matter how horrifying the images we are seeing out of there are, Russia and China at this point are not changing their positions. They most certainly do not believe that foreign military intervention is the way forward, nor do they believe in arming the opposition. They're not really trying to put any pressure, any direct pressure on the Assad regime to at least to force them from power. They believe that this is an internal Syrian issue that needs to be dealt with as such.
The problem, of course, is that as long as this uprising remains so polarizing when it comes to the global stage, any sort of resolution requires unity, well, that's something of a mission impossible to try to achieve at this stage.
FREDRICKA WHITFIELD, CNN ANCHOR: And then there was a mass funeral today in Syria. What took place there?
DAMON: That happened in the southern province of Daraa. If you remember, this is actually the province where this uprising all began. There was some pretty intense shelling that killed at least 19, 20 people, and another funeral going out for them that was streamed live by activists. This is where one really must admire the opposition. Even though they're in the process of burying someone who was killed at the hands of government forces for voicing their desire for regime change, they still, while this funeral is taking place, capitalize upon that opportunity to continue to call out against the government. This is the kind of determination that we've been seeing from the onset of this uprising, but it's also the kind of determination that has just polarized the Syrian uprising to a point where getting both sides to any sort of negotiating table that would result in a peaceful resolution is, again, incredibly challenging if not impossible as well.
WHITFIELD: And Arwa, during your whole storytelling, we're seeing some pretty extraordinary, very poignant images that we're putting on the air. How are we able to get these images, because CNN is not shooting them?
DAMON: No, we're not. And a lot of what is being broadcast -- in fact, almost everything that is being uploaded is in fact being uploaded by opposition activists. They've managed to set up a pretty impressive media network, if you want to call it that. They have entire media teams that operate out of specific safe houses. Oftentimes they'll fix a live camera to the roof of their location. That's how we were able to get those incredibly dramatic images that showed the shelling of that neighborhood in Homs (inaudible), that's how we were able to get the images of the funeral.
And in many other instances, these opposition activists literally go out risking their lives, crawling on their bellies to get specific bits of footage that they know are necessary to continue to validate their claims that they're being targeted by the Syrian regime, because there is this awareness amongst the opposition that they have to keep broadcasting, they have to keep uploading these images. Otherwise the government may win when it comes to the government trying to push forward its own propaganda.
WHITFIELD: All right, Arwa Damon, thanks so much for your reporting from Damascus. Appreciate that.
All right, back in this country, thousands of people sickened in the aftermath of the 9/11 attacks are hailing a federal recommendation that could make them eligible for compensation. The ruling could add 50 types of cancers to the list of sicknesses covered by a $4 billion fund available to 9/11 victims. Those eligible are first responders and people living near all three 9/11 disaster sites -- the World Trade Center, the Pentagon, and people in Shanksville, Pennsylvania. The challenge for many will be proving their illnesses were caused by the terrorist attacks.
It was a wonderful sight in London, just hours ago, when Britain's Prince Philip walked out of the hospital, waving to well-wishers there, and smiling. The prince was hospitalized Monday with a bladder infection which forced him to miss part of his wife, Queen Elizabeth's, diamond jubilee celebrations. And you can bet the royal family will make it up tomorrow when a grand celebration to mark his 91st birthday.
All eyes are on Spain, as we await word on whether the cash-strapped country will formally request a bailout. Finance ministers from the euro zone country are in an emergency meeting right now to try to structure a possible package that would be worth some $46 billion. Ministers are hoping to avoid further financial trouble that could send markets across the globe into a downward spiral. And 5 million Americans, that's how many people have been out of work for more than six months now. And for so many of them, jobless benefits are running out. CNN's Sandra Endo introduces us to one of those struggling with no benefits.
(BEGIN VIDEOTAPE)
SANDRA ENDO, CNN CORRESPONDENT: Home improvements are what Richard Diener does to stay busy, sense he's been unemployed for two years.
RICHARD DIENER, UNEMPLOYED: It's been frustrating. It's been frustrating because I've never had a problem finding work before.
ENDO: This 53-year-old electrical engineer used to earn around six figures. Now he's forced to think outside the box.
DIENER: You know, like one of the jobs I saw was teller at the local credit union. It was a part-time job at like $12 an hour, but still it's some income.
ENDO: Diener's like 5 million jobless Americans who have been out of work for more than six months. He was collecting unemployment benefits, but they expired in December. And he's tapping into his savings to make ends meet.
This month, 70,000 more jobless Americans across two dozen states will share Diener's plight when their benefits run out, and all long-term unemployment insurance will eventually be phased out by the end of the year. The new timeline was set by Congress in February, when lawmakers passed what they promised will be the last extension of long-term benefits. Congress also cut down the maximum length of time a person can collect unemployment from 99 weeks to 73.
DIENER: It's frightening to realize that one's safety net is being pulled out from under you.
ENDO: The political divide over another extension is deep. Republicans say it's too costly and enables people to stay on unemployment rolls longer. Democrats say it's money that finds its way back into the economy and is the best way to help the unemployed. For now, nothing is on the table to extend benefits past this year. And the presidential rivals are also duking it out over job creation plans. President Obama says Congress needs to act to help stimulate the economy.
BARACK OBAMA, PRESIDENT OF THE U.S.: The private sector's doing fine. Where we're seeing weaknesses in our economy have to do with state and local government.
MITT ROMNEY, GOP PRESIDENTIAL CANDIDATE: For the president of the United States to stand up and say the private sector is doing fine is an extraordinary miscalculation, a misunderstanding by a president who is out of touch.
ENDO: The president later clarified his remarks. OBAMA: The economy's not doing fine. Let me be as clear as I can be, the economy needs to be strengthened. That's why I had a press conference.
ENDO: The big question is whether Congress will take up the issue before election day.
Sandra Endo, CNN, Washington.
(END VIDEOTAPE)
WHITFIELD: And it was supposed to be a race to history at the Belmont Stakes, but fans will have to wait at least another year to see a triple crown winner.
(COMMERCIAL BREAK)
WHITFIELD: All right. No triple crown winner this year. I'll Have Another, the name of the horse, the winner of the Kentucky Derby and the Preakness will not have another in the Belmont race today. The horse was scratched after a tendon injury during practice. So the turn of events at Belmont is the talk of the horse racing world, including in North Georgia. Our Catherine Callaway is at a horse farm in Canton, Georgia. So, Catherine, are trainers and equestrians there saying this kind of injury, that tendon injury, is that fairly common?
CATHERINE CALLAWAY, CNN CORRESPONDENT: It is fairly common in professional horse racing, and any type of performance racing with a horse. But we're here at Glosson Racing Stable (ph) in Canton, Georgia. We have some yearlings out in the pastures that will go to a big racing sale in Kentucky coming up here very soon. But with me now is a 5-year-old thoroughbred named Legs And Lightning, and he actually has tendinitis, a tendon issue, just like I'll Have Another has. And veterinarian Megan Kraski is joining us now. She treats these types of injuries, treats racing horses. And show us exactly what Legs And Lightning has and how it's similar to what I'll Have Another has.
DR. MEGAN KRASKI, EQUINE VETERINARIAN: Yes, if you look down here at this horse, I think you can appreciate that this tendon is not perfectly straight. If you look down, it has a little bit of swelling, a little bit of filling. Now the injury that I'll Have Another has --
CALLAWAY: Not quite as severe.
KRASKI: Not as severe. He had a little bit of swelling, they caught it early. The veterinarians there did an ultrasound. They saw just a tiny bit of different there, but it was enough, he's such a valuable horse that it wasn't worth risking him going into the Belmont having a more severe injury, potentially not doing well or potentially even having a catastrophic injury.
CALLAWAY: Right. And that would mess up for sure him being a sire, which now I know that's going to be his career, right?
KRASKI: Yes, yes. And I think having him retire at the top of his game is going to be the thing for him. I mean, he's done so wonderfully well so far, you know, it's a shame that he's missing this race.
CALLAWAY: Let's show what Legs And Lightning can actually walk. Fredricka, he's not lame. He's a racing horse. And he does have tendinitis, as you've seen, that bowed tendon. And I'll Have Another is not lame either, right?
KRASKI: No. In fact, he -- theoretically could go and race, but at this point he's more valuables as a breeding horse. He's going to retire as a champion at the top of his game, and I think that's what we all want.
CALLAWAY: And if this injury, Fredricka, had happened -- Belmont we should say happened say in a couple of months, there's a good chance I'll Have Another could have been able to race.
KRASKI: Yes, yes. The type of injury he has usually takes three to four months to heal. They don't want to take any risk. These injuries tend to be progressive in nature. The last thing we want to do is have a great champion have a problem at the end of his career.
CALLAWAY: Right. And they wanted that superstar, though, in the horsing industry, that triple crown winner, you know, and it looks like it's going to be 2013 before we get to see if there's another possibility of that. I'll Have Another is the top of -- the cream of the crop, the elite athlete. It's amazing that this horse made it this far and he will certainly have a great career as a sire. But --
KRASKI: It was a real disappointing outcome.
(CROSSTALK)
WHITFIELD: I know, a super disappointing outcome for so many, but you know, like the vet said there, you don't want to risk, you know, the horse's overall health by pushing it to race today. So you know, in the end, this is just the best call that has to be made, according to the trainers of that horse, I'll Have Another.
CALLAWAY: That's right. You know, Fredricka, I should tell you the owner of Glosson Stables here is actually at Belmont, who said that that's all everybody's talking about. They're disappointed they're not going to get a chance to see him run. But like I said, 2013.
WHITFIELD: That's right. Well, maybe. Maybe. There is always next year. We'll see what happens. All right. Thanks so much, Catherine Callaway. Appreciate, and the doctor, appreciate your time.
Is the popular reality show "The Bachelor" legally obligated to be more diverse and cast people of color? Two Tennessee men say, yes. And they filed suit. Our legal guys will be weighing in on this case.
(COMMERCIAL BREAK)
WHITFIELD: More than 46 million people in this country were in poverty in 2010 according to the Census Bureau. So how can that be improved? One word, education. As Christine Romans reports in this week's "Smart Is the New Rich." (BEGIN VIDEOTAPE)
MARCUS ALLEN, CEO, ACHIEVABILITY: This is about tomorrow. This is about future generations.
CHRISTINE ROMANS, CNN CORRESPONDENT (voice-over): Marcus Allen used to play professional basketball. Today he's with a team that invests in poor and homeless families. It's called Achievability. The program provides housing through a combination of federal tax credits and other public funding, and it opens the door to an education with student loans, grants, and incentives.
ALLEN: Many of our families are the first in their families to graduate from college. We believe that once the first person goes to college and gets that education, that can break that generational cycle of poverty.
ROMANS: Allen is a walking role model.
ALLEN: I was homeless, you know, when I was a kid and came from a very low-income family. My mom raised me, and one of the things that set me apart from most people in my family, I was the only person in my family to go to college. And from there things just began to take off for me. And that's what we see with a lot of families in our program. Those who are able to look that fear in the face and really go and do it anyway.
ROMANS: Harold Barrow knows that fear.
BARROW: I am the same guy running around the streets not scared of bullets, but I was terrified to go on to--
(CROSSTALK)
ROMANS: Barrow grew up on the streets of Philadelphia, addicted to drugs at 11, an eighth grade dropout, homeless at 14.
BARROW: I just kind of got headlong into street life and obviously that came with, you know, issues with the police, then, you know, inevitably my incarceration.
ROMANS: At 31, it seemed his choices were grim. A social worker at his homeless shelter told him about Achievability. Twenty-two years later, he's sober and has a masters degree. He is a self-sufficiency coach for the program that saved him.
BARROW: It's such a rewarding experience, you know, to watch somebody walk down the aisle who thought, you know, to get a degree, who thought it was never possible.
ROMANS: Elaina Howard pauses when looking back at her life five years ago.
ELAINA HOWARD, BOARD MEMBER, ACHIEVABILITY: Hold on.
ROMANS: Dropping out a semester before graduating community college, living in a shelter with three children, to now a master's degree in social work.
HOWARD: I'm speechless. I'm grateful. I'm appreciative. You know, it was a long journey. I thank Achievability for being that vehicle.
ALLEN: Many of us are only one paycheck away from living in poverty. You know, poverty is only a circumstance of today, but it doesn't give you any indication of what it can be tomorrow.
ROMANS: Christine Romans, CNN, New York.
(END VIDEOTAPE)
WHITFIELD: And a man serving time for causing a deadly car crash is now suing the victims' families for damages. You can bet our legal guys have an opinion or two on this one.
(COMMERCIAL BREAK)
WHITFIELD: In Florida, a man who pled guilty to causing a fatal DUI crash is now suing the families of his victims for his pain and suffering. Let's bring in our legal guys. Avery Friedman, a civil rights attorney and law professor joining us from Cleveland. Good to see you. And Richard Herman.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.
WHITFIELD: A New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.
WHITFIELD: This really is an extraordinary case. I'm wondering too if this is kind of precedent setting. So, Avery, you first. You know, we're talking about Christmas 2007. This accident takes place, Linda and Ray McWilliams and Denise and George Bassi are all in the vehicle together. They were rear-ended by David Belniak. No one is disputing the facts there. They all died either immediately or over time. Belniak actually pled guilty to speeding, the DUI, got 12 years in prison. But now he is suing the estate for pain and suffering. Is this precedent setting? Avery?
FRIEDMAN: I don't -- I don't think it is. It's a disturbing case, obviously, Fredricka, but it involves a fellow convicted of certain crimes who is now bringing a civil action, and he's introducing his case with a reconstruction, accident reconstruction expert, trying to say that it was the victims' fault.
Well, let me tell you something, Belniak has been on the stand. We heard from him yesterday, and the truth is that his credibility has crumbled all over the place. He's not going to be able to show this. Technically, he can assert the case, but he doesn't have the evidence. And that's why this is so extraordinary.
WHITFIELD: Yes.
FRIEDMAN: If he's been convicted of the crime -- WHITFIELD: And pled guilty.
FRIEDMAN: Why should he have the right to bring it.
WHITFIELD: Right. And so, Richard?
HERMAN: I beg your pardon?
WHITFIELD: he pled guilty.
HERMAN: Right. OK.
WHITFIELD: OK, so Richard, now, he's alleging, he Belniak alleging that the driver, McWilliams, should not have been at a stop because he alleges that it was a green light and thereby it was the driver who was negligent. Five years later, though, Avery says he probably won't be able to prove it. But if you are going to make that claim in the civil suit, doesn't it mean you do have to try and prove that? How would he do that?
HERMAN: Yes. He has to make the claim as a counterclaim in response to the plaintiff's claim against him civilly. But the judge in this case in the Sunshine State must be hitting the moonshine, because I can't for the life of me see how this case is continuing, why a motion to dismiss this counterclaim was not made and granted by this judge, who is inept for not granting it.
This man pled guilty to criminal manslaughter. He was going 86 miles an hour, Fred, when he hit the plaintiffs in this case. He drove the plaintiffs' vehicle 40 feet from a dead stop with that impact. He was whacked out on drugs and alcohol. He has a prior history of killing someone while driving a vehicle. This is an absolute outrageous lawsuit here. It does not belong in the courts. There is no offset. There's no counterclaim here. This guy pled guilty criminally. The burden of proof criminally is much higher than in a civil case. It's over and out.
Avery, you should agree, because this is over and out, this case. It should not be happening (ph).
FRIEDMAN: He's going to lose the case, but he has the right to his day in court. He's going to lose the case.
HERMAN: He does not have the right.
FRIEDMAN: That's the issue, the distinction between civil and criminal. And he's going to lose. He has his day in court, but he's going to lose.
WHITFIELD: Well, we're going to see that outcome and then see whether you two agree or disagree, continue on that. We'll find out.
Meantime, let's talk about another case. Maybe you're in agreement on this one. This involves the popular show "Bachelor," "Bachelorette." Two young men by the name of Nathaniel Claybrooks and Christopher Johnson are suing Warner Horizon Television, the makers of "The Bachelor" and "Bachelorette" shows for racial discrimination. Their attorney is arguing that this is a case of exclusion in society, and that based on the selection of the candidates, beauty is based on being white, given the fact that there are no people of color who end up being the bachelor or the bachelorette.
Richard, does this kind of have the makings of a strong case that might evolve into a pretty healthy class-action suit?
HERMAN: Fred, these are two good-looking guys. I don't know what they're doing trying to get involved with this type of lawsuit or this program, to begin with. This program is ridiculous. And for them to seek to get on based on racial profiling or discrimination for an entertainment series, which is clearly protected by the First Amendment -- this case is going nowhere, Fred.
WHITFIELD: Yes?
HERMAN: This is a waste of time, a waste of effort, and a waste of court. They're going to be dismissed very quickly.
WHITFIELD: So Avery, you know, these two young men are claiming there are a host of other people who will be able to contend and claim that they were left out as well, and that this is an issue of exclusion and not inclusion. Do you see it differently than Richard?
FRIEDMAN: I totally disagree. And let me tell you why. The suit is brought under the Civil Rights Act of 1870, which is a proper basis for a claim like this. Twenty-three seasons, 10 years, Fredricka, there's never been anyone black that's even made the cut. These guys got cut I think the second round. And I think the position of the show is that we really can't find any qualified black people to been candidates, at least that's what the plaintiffs are contending. I think that's an outrageous defense. And I think First Amendment does not apply when it comes to racially segregating a show. The case stands. It's going to rise or fall on the facts, Fredricka, but at this point, it's properly pled and it belongs in the federal court. Not in Tennessee, there's going to be a motion to transfer it to Los Angeles.
WHITFIELD: OK, well, Warner Horizon Television did issue this statement saying, quote, "this complaint is baseless and without merit. In fact, we have had various participants of color throughout the series' history. And the producers have been consistently and publicly vocal about seeking diverse candidates for both programs. As always, we continue to seek out participants of color for both "The Bachelor" and "The Bachelorette." So we'll see how this evolves and if this does become a class-action suit that is spawned from these two.
OK, we're going to see you again.
HERMAN: Going to be dismissed.
WHITFIELD: OK. We're going to see you again in 20 minutes. We're going to talk about thousands of former NFL players taking on the NFL. I think we talked about this months ago and we kind of saw this coming.
HERMAN: We did, we did, that's right.
WHITFIELD: They are taking on the NFL for not doing more to combat head injuries. See you soon, guys.
All right, and for many U.S. troops returning home, the emotional aftermath of war may be just as devastating as their experiences on the front lines. This week's "CNN Hero" is giving veteran who suffer from posttraumatic stress syndrome a way to move forward with the help of the man's best friend. Meet hero Mary Cortani.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: When I got back from Iraq, I stood away from large crowds, malls, movies.
UNIDENTIFIED FEMALE: I wouldn't leave the house. Just didn't want to.
UNIDENTIFIED MALE: Stayed inside, windows blacked out.
UNIDENTIFIED MALE: I was really numb. Didn't feel like I had a purpose anymore.
UNIDENTIFIED MALE: Nightmares, constantly, flashbacks. Everything to me is still a combat zone.
UNIDENTIFIED FEMALE: Veterans with invisible wounds we can't see a wheelchair, a prosthetic leg. They appear like you and I. But their suffering goes so deep, it touches the soul.
UNIDENTIFIED FEMALE: What are you doing, buddy?
MARY CORTANI: I learned how to train dogs while I served in the Army. I knew that a dog can add a lot in your life, and I realized this is what I was supposed to do.
My name is Mary Cortani. I match veterans with service dogs, train them as a team, so that they can navigate life together.
When a veteran trains their own service dog, they have a mission and a purpose again.
Talk to them. Tell them they did good.
Dogs come from shelters, rescue groups. They are taught to create a spatial barrier and can alert them when they start to get anxious. Are you OK? Getting overwhelmed? Focus on Maggie.
The dog is capable of keeping them grounded.
You're focusing on him and he's focusing on everything around you.
You start to see them get their confidence back. Communicate differently. They venture out, they are beginning to participate in life again.
Being able to help them find that joy back in their life, it's priceless.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
WHITFIELD: All right, checking our top stories. The good news just keeps coming at the gas pump. Prices fell almost a full penny, marking the 24th day that it's gotten cheaper to fill up. A gallon now costs just under $3.55 on average, but you can still be jealous of drivers in South Carolina. They have the cheapest gas in the nation, 40 cents lower than the national average.
And a famous Cold War pilot whose U2 plane was shot down over the Soviet Union will be posthumously awarded the Silver Star next week. The award comes 50 years after Francis Gary Powers was released from a Soviet prison. The Air Force says he exhibited exceptional loyalty under interrogation in the captivity. His family will accept the award at the Pentagon on Friday.
And if you wanted to have lunch with billionaire investor Warren Buffett, you needed really deep pockets. $3.5 million, that was the highest bid at Buffett's annual charity auction. That person and seven friends get to dine with Buffett at the Smith & Wollensky Steakhouse in New York. The auction benefits the Glide Foundation, which helps the homeless in San Francisco.
All right, the Broadway musical "Spiderman" is tangled up in a legal drama with the show's former director. Our legal guys will be weighing in on this. They'll be casting a very wide net on this case.
(COMMERCIAL BREAK)
WHITFIELD: All right, the NFL is now locked in a legal battle with about 2,000 former players over head injuries. Our legal guys are back. Avery Friedman in Cleveland and Richard Herman in Las Vegas. Al right, gentlemen, we called this months ago, that this was going to be a lawsuit and one that the NFL was going to have to contend with. All right. So we're talking about 2,000 players are suing the league alleging that the NFL had a duty to acknowledge and address the risks of neurological injury, but instead, fraudulently ignored and concealed the information. That's what the complaint spells out. So Richard, how will they proceed?
HERMAN: It's going to be very difficult, Fred. Head injuries in pro football, it's just horrific and the lasting effects of these things change lives. But in order to be successful in this lawsuit, they're going to have to prove, they're going to have to prove that the NFL engaged in a pattern of deception and made fraudulent representations to the players, telling them don't worry, it's not that bad, these injuries are not life long, and they're saying, you know, you can't just -- if someone gets their bell rung, that's the phrase, get your bell rung, you can't just give them smelling salts and then throw them back out on the field with a concussion that that pattern and practice was horrible. But, Fred, I've got -- I have to tell you, Fred, I don't know where in the world someone can go to college, graduate with a basket weaving degree and make millions and millions of dollars playing a sport.
FRIEDMAN: Nothing to do with it.
HERMAN: Look, there's an assumption of the risk here. People know this is a violent, violent sport. They do not have to play this sport. And assumption of the risk is going to be a huge defense for the NFL.
WHITFIELD: All right. So, you say that the athlete elects to do this, and that the NFL or the team really should have no, I guess, control nor should they in any way put up any protections of -- for that athlete so that it's a safe sport?
HERMAN: I'm not saying that.
FRIEDMAN: Yes.
HERMAN: I'm saying that the team and the NFL should protect the athlete.
FRIEDMAN: That is what you're saying.
HERMAN: But they should not defraud them.
WHITFIELD: OK, so Avery, you know, this might just be rather difficult for the NFL to respond to, especially in light of the more recent suicide deaths of Junior Seau, Dave Duerson, Ray Easterling.
FRIEDMAN: Yes.
WHITFIELD: I mean, won't this help establish a type of pattern?
FRIEDMAN: Well, that's going to be part of the evidence. Here's where I think the lawyers for all of the ballplayers, what they're banking on. They look at the NFL case and the case against Riddell, which is the helmet maker, as if it were like the tobacco cases. They think somewhere buried in the NFL is a memo where the league acknowledges the extraordinary risk that these players are taking. There's a study up at Boston University that examined 18 of 19 brains, postmortem brains of NFL players, and 18 of the 19 had CTE, which is the chronic traumatic encephalopathy, which will really be the basis for the case. And so, while there's going to be enormous discovery, and the consolidation effort took place this week in terms of the class action, I think that that's what they're banking on. They think there's something in the league that will establish a knowing and deliberate effort by the league to cover up the likelihood of these very, very serious injuries.
WHITFIELD: And here's some of the commonalities being spelled out by the lawyers of the former NFL players, saying that very commonly these are the things that many of the players experienced, dementia, depression, reduced cognitive ability --
FRIEDMAN: Right.
WHITFIELD: -- sleeplessness, early onset Alzheimer's, and a debilitating and latent disease known as chronic traumatic encephalopathy, which you just mentioned, Richard, the CTE, as some of the specific injuries caused, you know, by the continued head injuries, the concussions, et cetera. But the NFL did come out with this statement, too, to respond to this lawsuit saying the NFL has long made player safety a priority and continues to do so. Any allegation that the NFL sought to mislead players has no merit. So, the players will try to show that there is a pattern, that the NFL was dismissive --
FRIEDMAN: Right.
WHITFIELD: -- and the NFL will continue to counter by saying we've always had these protections in place, right, Avery?
FRIEDMAN: Yeah, I mean. I understand what Richard's saying. And that's going to be what the NFL's going to say. Look, these guys came into the league, they knew they were going to get their heads bashed in and therefore they assumed the risk, but that doesn't take into consideration the unknown risks. And that is, what about the condition of those helmets? What did the NFL know? And that's why discovery is necessary. Whether or not they can prove the case really remains to be seen. But the claims in terms of what they've asserted are legitimate, and they should be going forward.
WHITFIELD: All right, well, let's see how you, gentlemen, spin your web on this case. Let's talk about the "Spiderman" case, "Turn Off The Dark."
FRIEDMAN: Yes.
WHITFIELD: That's the name of the production. However, at issue is the director, the former director of that, you know, New York production, Julie Taymor. Taymor is actually suing the producers of the production, accusing them of copyright infringement, that, you know, her -- she was fired, you know, a few portions of that production go on without her credit. However, the production is now countersuing her, saying that she did not fulfill her contractual obligations. But you know, Richard, is that before or after her dismissal?
HERMAN: Right, right, Fred. As we would say in law, her claims look a little specious to me. In any event, you know, the show was fraught with problems from the inception, and then they fired her, and after they fired her they rewrote the show, and now it's enjoying tremendous success. And she is claiming that the show --
WHITFIELD: But she claims that they have not rewritten some of the material that she worked on, material that she worked on with U2's Bono, et cetera --
HERMAN: Right.
WHITFIELD: -- that that continues to be in the production, but she's not getting any credit or payment for it. That's the complaint.
HERMAN: Right. Spiderman -- Spiderman has been around a long time. She did not create Spiderman. Her copyright, I think, again, is very specious on Spiderman. It's been around in the comics for a long, long time. They rewrote it. They are being successful right now. She's claiming they owe her royalties and she's claiming that they did not consult with her when they did a rewrite, which they're claiming they did not have to, because they fired her because she was inept.
WHITFIELD: All right, Avery.
HERMAN: That's what's going on here.
FRIEDMAN: Well, look, this is the largest Broadway production in terms of expense in the history of the theater. This week, a hearing took place at the United States district court, and Julie Taymor, who's an extraordinarily talented director, the first female to ever get a Tony Award for a musical, a production, she's fabulous. And what she tried to convince Katherine Forrest, who is the federal judge, is that there are portions of the play that were original, in other words, she has to establish originality. Of course Spiderman has been around.
WHITFIELD: Yes.
FRIEDMAN: But she's arguing because of those portions --
WHITFIELD: The production on stage.
FRIEDMAN: She wants to stop the play.
WHITFIELD: Yeah.
FRIEDMAN: Right. She wants to stop the play. And the federal judge is very skeptical. I don't think the case is specious at all. But I don't think she's going to prevail in the injunction. They're already paying her by the way $10,000 a week in a manner that was resolved earlier.
WHITFIELD: Wow!
FRIEDMAN: So she's getting some dough, but I don't think she's going to get the injunction.
WHITFIELD: All right, well, very interesting stuff. Now, the trial involving her case is next year. And one has to wonder --
FRIEDMAN: Right.
WHITFIELD: -- if the countersuit could go on until -- you know, before that trial actually, you know, unfolds. So, boy, there's a lot going on with that "Spider-Man" case. It's a very tangled web.
FRIEDMAN: "Spider-Man: Turn off the Litigation" I think is the sequel, right?
HERMAN: The judge already -- but Fred, the judge already commented, she's probably going to cut out a substantial portion of the counterclaim, of the director's claim. It's really going nowhere. There will be a settlement here.
FRIEDMAN: We'll see. We'll see. WHITFIELD: All right, all right. Avery, Richard, thanks so much. I always enjoy your insight. You guys have a great weekend. I know we'll be talking about this and some of the other cases again, as they move forward. Thanks, guys.
HERMAN: Absolutely.
FRIEDMAN: You're welcome. Have a wonderful weekend.
WHITFIELD: All right. You too.
Now to politics. President Obama appealing to Congress to help local governments provide more funding for teachers in his weekly address, the president said fewer teachers and higher classroom sizes will negatively impact the next generation of American workers. These comments come a day after he blamed uncooperative lawmakers for the nation's continued economic troubles.
And Florida Senator Marco Rubio is the best choice to run alongside Mitt Romney on the Republican ticket in November, that's according to a conservative straw poll conducted just last night. Rubio's seen as a rising star within the Republican Party, has said that he's not interested in becoming vice president.
Country music star Tim McGraw loves giving his fans what they want on stage. But when he's off stage, he's also helping to change lives.
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WHITFIELD: All right, this month when country music singer Tim McGraw performs at America's stadiums, it's what he's helping to do offstage that is changing lives. I caught up with Tim McGraw in Tampa, face-to- face.
(BEGIN VIDEOTAPE)
WHITFIELD (voice-over): As Tim McGraw kicks off his Brothers of the Sun tour with Kenny Chessny this month, he's also making dreams come true for military families like the Delucias (ph).
UNIDENTIFIED MALE: Yeah, I was like, it's almost like winning the lottery.
UNIDENTIFIED FEMALE: Yes.
WHITFIELD: They are the first of 25 veteran families receiving mortgage-free homes during McGraw's 25-city tour. One family, one home per concert, through a cooperative effort involving three military support organizations, Chase Bank and McGraw.
They talked about how they have been married for ten years, they lived in 12 different cities, they've never owned a home, really they were never sure if it would ever happen, especially after his injuries in Iraq.
TIM MCGRAW, SINGER/ACTOR: Yes. WHITFIELD: And then in a matter of weeks, their life changed from applying to the program and then finding out that they were the first to be awarded.
MCGRAW: God bless them. I mean, that's -- that's -- it's just one of those things, it's the American dream, you know? And who deserves the American dream more than those guys? I can't -- I can't imagine anybody that does. And I'm proud to be a part of it.
WHITFIELD (on camera): You've used your celebrity to be involved in a lot of philanthropy, whether it be helping out the people in Nashville when the flooding took place in 2010, your "Neighbor's Keeper" with your wife, Faith Hill and then the Brain Trauma Center at Duke as a result of your dad's passing. Why is it important to you to reach out to the community in lots of different ways like this?
MGRAW: Well, I feel fortunate. You know, I'm very lucky. I grew up in a small community, and not having much money growing up.
WHITFIELD (voice over): In Delhi, Louisiana, mostly raised by his mother. It wasn't until he was 11 that he found out who his father was, Major League Baseball relief pitcher, Tug McGraw. He says, it was his mom and that small town that shaped him most.
MCGRAW: I remember more than anything that the community took care of everybody. I mean, I can remember you didn't go to someone else's house and do something that you wouldn't do at your own house because they would jerk you up as quick as your mom would. And I just remember that sense of being taken care of and that sense of knowing that somebody's got your back and knowing that somebody was looking out for you. And I feel like that I've been very fortunate I was nurtured in that way as a child in the community that I grew up in, and I think because of those things, the reasons that I've had some success in life, and I feel like that you know, that you can't go through life with having this much success without trying to do something and I just feel like it's sort of incumbent upon me to do something and that -- and it's sort of an innate in me and my wife and our family. And I think in the way we were raised.
WHITFIELD: In McGraw's 23 year career he has sold 37 million albums with more than two dozen number one hits.
(on camera): Does it also feel like it's an obligation, because you're huge celebrities, and, you know, with that also come high expectations, or do you feel that pull, or is this just something that like you said is innate, something you just want to do?
MCGRAW: I think it's just something that you want to do. I think that, you know, you have to do something that you feel honest about and you feel pure about in your heart and I think that for faith and I, like I said, it's the way we grew up. It's the way we were raised. It's the way our families taught us and we always felt like that's something that was a part of us.
(END VIDEOTAPE)
WHITFIELD: And if you know a vet who would like to apply for the mortgage-free home giveaway, we posted the links to the non-profit groups on my blog at cnn.com/fredricka. And there is more face-to-face with Tim McGraw, 2:00 Eastern time today. He talks about his movie projects and what's next.
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WHITFIELD: It's a dream travel destination for many of us, the Great Wall of China. Millions of people visit it every year. And if you're planning a trip, our Rob Marciano has some tips for you in this "On the Go."
(BEGIN VIDEOTAPE)
ROB MARCIANO, CNN CORRESPONDENT: The Great Wall of China, more than 5,500 miles long and originally built to keep invaders out. Today, it attracts over 10 million visitors a year.
MARK ORWOLL, TRAVEL + LEISURE: Actually being able to stand on the wall, to look out over those mountains, to realize that parts of this wall were built over 2,000 years ago and they're still standing, that's something that's going to take your breath away.
MARCIANO: If you start in Beijing, you're within driving distance to the five main sections of the wall open to the public.
ORWOLL: If you have just a very little bit of time, but you want to say that you saw the Great Wall, go to the JuYongGuan section. It's the closest to Beijing. Badaling, which is a little bit further away, is one of the best preserved sections of the wall, is wheelchair accessible. But it gets very crowded, and it's full of vendors. Mutianyu is also a well preserved section. It has fewer crowds and it's in one of the most beautiful stretches of mountains that you can imagine. Two other sections are Simatai and Jinshanling, are original unrestored sections of the wall. It's a great destination for adventurous travelers.
MARCIANO: Crowds are larger on weekends and holidays, so if you can, pick a weekday to climb this wonder of the world.
ORWOLL: I think you're going to find that it's probably one of the most memorable experiences of your lifetime.
(END VIDEOTAPE)
WHITFIELD: Beautiful. And I bet you feel like planning a trip to the Great Wall right now, right? Well, stay here. I'm talking to a travel expert from jetsetter.com in our 2:00 Eastern hour.
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WHITFIELD: All right, I'll see you again at 2:00 Eastern hour. I'm Fredricka Whitfield. "YOUR MONEY" starts right now.
