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Sandusky Juror Speaks Out; Mitt Romney's Campaign's Problem; Legal Panel; Storm Brewing in Gulf of Mexico

Aired June 23, 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: But then it's not pizza!

RANDI KAYE, CNN ANCHOR: Yes, that's true.

(CROSSTALK)

WHITFIELD: Get me a slice too.

KAYE: I will. I'll enjoy it for you.

WHITFIELD: 215 calories for one slice?

KAYE: Yes.

WHITFIELD: OK. Enjoy your day.

KAYE: You too.

WHITFIELD: All right, thanks very much. You have a great day.

All right, we're going to begin with Jerry Sandusky, convicted and now behind bars. And he may stay there for the rest of his life. The former Penn State assistant coach was found guilty on 45 of 48 counts of sexually abusing ten boys. The jury reached that verdict late last night after deliberating 21 hours.

And this was the reaction outside the courthouse.

(VIDEO CLIP)

WHITFIELD: Sandusky was immediately placed under arrest and booked into the county jail in Bellefonte, Pennsylvania. He was placed in protective custody, away from other inmates, and is now on suicide watch.

Sandusky showed no emotion when the guilty verdicts were announced, and he refused to answer reporters' questions as he left the courthouse, but others did talk. CNN national correspondent Susan Candiotti joins us now from Pennsylvania with reaction to the verdict. Susan, one of the jurors spoke out. What did he say about the case and whether jurors were conflicted in any way along the way?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Well, this one juror, Fred, says that overall, they felt that all of the victims were credible, because of the stories that they told about the abuse that they suffered, and certainly all of them talking about very similar things over the course of many years. This juror spoke with NBC's "Today Show."

(BEGIN VIDEO CLIP)

JOSHUA HARPER, JUROR: We looked at the inconsistencies in some of the testimony. And we wanted to reconcile those and make sure that that was, you know -- wouldn't discredit the testimony. And so we worked through those things systematically as a jury. We really worked together very well.

(END VIDEO CLIP)

CANDIOTTI: And, in fact, they worked out apparently any disagreements they had over the course of two days and in a total of only 21 hours. As you pointed out, this went so rapidly, Fredricka.

WHITFIELD: It really did. And while we mentioned, you know, Jerry Sandusky showed no emotion, his attorney did say that he turned to him and actually saw a tear or two kind of come from his eyes. Are we learning more about the reason or some of the reasons why Sandusky never took the stand in his own defense?

CANDIOTTI: Well, the lawyers tell us that he really wanted to testify in his own defense. But then at the last moment, the defense lawyers found out that the government had Matt Sandusky in the wings, in their pocket, ready to testify for them if Jerry Sandusky took the stand. Matt Sandusky, as you know, is the adopted son of Jerry Sandusky, who publicly until now had supported his father, but only recently revealed that he, too, was allegedly abused by his own father. That would have been very dramatic testimony. And the defense didn't want to take the chance of putting Jerry Sandusky on the stand and possibly wipe out any kind of good he might have done for himself if he then had to face testimony from his own son. Fredricka.

(BEGIN VIDEO CLIP)

KARL ROMINGER, SANDUSKY ATTORNEY: We also felt, quite frankly, that the Matt Sandusky issue was a problem. And once the government chose not to call Matt in their case in chief, we then felt they might be able to call him in rebuttal if Jerry took the stand. So all those things combined did it. Had the government called Matt in their case in chief, as they would have been entitled to -- and if they thought he was credible, I think they would have -- then Jerry might have taken the stand.

(END VIDEO CLIP)

WHITFIELD: So, Susan, what were the three other counts that the jury did not convict him on?

CANDIOTTI: Well, one of the three counts involved the testimony of witness, eyewitness Mike McQueary. You'll remember that he saw in 2001 he testified Jerry Sandusky sexually assaulting or what appeared to be sexually assaulting a young man. He described hearing slapping sounds in the shower. Well, the jury acquitted him of the rape charge in and of itself. However, acquitted him, but did convict him of another indecent assault charge. So they kind of took away one but gave one back, so he was still convicted of a felony in that one instance.

And then the other two were misdemeanor charges that they acquitted him from involving a couple of other victims.

WHITFIELD: All right. Susan Candiotti, thanks so much for that update.

So this story is far from over. We're going to look ahead to Sandusky's planned appeal and the civil suits that might be filed. Our legal guys are standing by. We'll be talking to them a bit later.

Overseas now to Kenya. Americans are being urged to leave the port city of Mombasa. Officials have warned of an imminent threat to that city, which is Kenya's second largest and a major tourist attraction. No warnings were issued with the warning. Kenya has recently been hit by grenade attacks blamed on a Somalian terror group.

And in Cairo, Egypt, thousands have gathered in Tahrir Square to await the results of a presidential runoff election. But it will be tomorrow before there is official word from Egypt's election commission. Right now, both candidates are claiming victory. The gathering is a stark reminder of the demonstrations last year that brought down the regime of Hosni Mubarak, leading the way to this election.

Mitt Romney is facing a bit of a dilemma these days, forcing him to change message on the economy.

(COMMERCIAL BREAK)

WHITFIELD: With the economy improving in some critical battleground states, Mitt Romney's campaign is having to rethink his message. CNN's Joe Johns takes a look.

(BEGIN VIDEOTAPE)

JOE JOHNS, CNN CORRESPONDENT: The Romney campaign is trying to thread a needle on its message about economic hardship. It's a little dicey in some of the big battleground states, where the economy is showing signs of improvement. Republican governors in those states want to take credit for good news, like Florida's Governor Rick Scott.

GOV. RICK SCOTT, R-FLA.: We've had the biggest drop in unemployment of any state but one in the last 17 months.

JOHNS: In Ohio, unemployment has dropped from a high of 8.9 percent last year to 7.3 percent now. Not great, but better. So instead of talking about how bad things are, Romney's newest ads about his agenda for the first 100 days talk about getting tough with China on trade.

UNIDENTIFIED MALE: President Romney stands up to China, demands a level playing field for our businesses and workers.

JOHNS: The Romney camp's message in Ohio is complicated by Republican Governor John Kasich, who has been selling his job creation record. Polls show 55 percent of Ohio voters still think the country is on the wrong track. Almost the same exact percentage as in Iowa, where unemployment is down to 5.1 percent, but pessimism about the economy is high. The Republican governor's website is crowing about all the new jobs and the increase in family incomes here. Romney's ad talks about controlling spending, not doom and gloom.

UNIDENTIFIED MALE: President Romney is working towards a balanced budget, making sure the government lives within its means.

JOHNS: A similar situation in Virginia, where unemployment is down from a high of 6.4 percent last year to 5.6 percent now. The Romney ad in Virginia talks about offshore drilling.

UNIDENTIFIED MALE: President Romney reverses Obama's offshore drilling ban, creating thousands of new jobs for Virginians.

JOHNS: Some Republican strategists say the Romney message can go hand in hand with Republican governors who are promoting lower unemployment.

RON BONJEAN, REPUBLICAN STRATEGIST: It's a one-two punch. The first punch is you can take those states that are doing well and give credit to the governors, because they're taking innovative approaches, and raise that up and give them credit. And then the second punch is Romney can talk about this on a national level.

JOHNS: The Romney campaign says it differentiates between the national policies of President Obama, which it calls a failure, and governors with innovative policies in the states.

Joe Johns, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: And we're almost halfway through the year, and our Christine Romans says that means it's time to check on your fiscal health and financial portfolio.

(COMMERCIAL BREAK)

WHITFIELD: We're nearing the halfway point of this very volatile year for the market. Christine Romans reminds us it's time to take the pulse of your portfolio.

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN CORRESPONDENT: The debt crisis in Europe, slowing growth in China, gridlock in Washington, a fiscal cliff looming. Enough to make the markets jittery, but Karen Stone is calm.

KAREN STONE, INVESTOR: I watch it go up, I watch it go down, I'm pretty aggressive. Yes, at this point I don't have any need to take the money out.

ROMANS: Karen is a 29-year-old realtor living in New York City. She doesn't have a retirement plan through her job, so she's hired financial planner Stacy Francis to help her look long-term. So we're about halfway through 2012. Markets are up, stocks are still up, but it's been a pretty volatile -- a volatile year so far. Tell me about a woman like Karen Stone. What should her asset allocation, her risk tolerance be?

STACY FRANCIS, FINANCIAL PLANNER: Well, it really can start with a rule of thumb, and that is take your age minus from 100. So for Karen, we would expect her to have about 70 percent stocks. Her portfolio should be primarily focused on growth-oriented stocks and value, mostly in the equities area, but also she does need fixed income as she nears retirement.

ROMANS: Let's think about it as a midyear portfolio checkup, if you will? How should you -- how often should you reassess?

FRANCIS: Well, we go to our doctors once a year for a major checkup. Guess what? Your portfolio at least once a year. You want to shift it back to that ideal asset allocation, because over time, stocks most likely are going to grow faster than your bonds.

ROMANS: Karen is comfortable keeping her portfolio at arm's length, allowing her to focus on her career instead of her investments.

STONE: I just found out that my money actually grew over the last quarter. And I was like, OK, they're doing something right. You got this. You know? Let me go deal with what I know best, and you deal with what you know best.

ROMANS: Christine Romans, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Jerry Sandusky is locked up. The former Penn State football coach was found guilty of sexually abusing boys. Our legal guys will look ahead to the expected appeal and the possible civil suits next.

And if you have to go out today, just a reminder, you can continue watching CNN from your mobile phone. You can also watch CNN live from your laptop. I just go to cnn.com/tv.

(COMMERCIAL BREAK)

WHITFIELD: In Philadelphia, a high-ranking priest is found guilty of endangering children. Monsignor William Lynn was convicted on that one count but acquitted on conspiracy. He's become the first U.S. church official convicted of covering up child sex abuse cases involving priests. Lynn could be sentenced to a maximum of seven years in prison.

Right now former Penn State assistant football coach Jerry Sandusky is on suicide watch in jail. After 21 hours of deliberating, jurors handed down a verdict, guilty of sexually abusing ten boys over a 15- year period. Let's bring in our legal guys. Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you.

AVERY FRIEDMAN, DEFENSE ATTORNEY: All right, Fredricka. WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.

RICHARD HERMAN, DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: All right. Gentlemen, a conviction, 45 counts. Sentencing has yet to happen, but this case really is far from over. Richard, might there be other cases that develop as a result of this, or other charges to be prosecuted now that the court has heard from a number of witnesses that came through? And then they didn't hear from one, Matt -- the adopted son of Jerry Sandusky. But perhaps his allegations may spark new charges?

HERMAN: They could very well spark new criminal charges against Sandusky. And if they do, I would hope they would bring in Dottie also as a co-defendant and an accomplice.

WHITFIELD: And that's the wife.

HERMAN: Fred -- that's his wife. But it's very interesting, this Matt Sandusky, because this is the alleged reason they did not put Jerry Sandusky on the witness stand. They feared that as a rebuttal witness, the government would call Matt Sandusky, who would after all this time saying no, my father never touched me, he never touched me, now all of a sudden he was going to get on the stand and say, yes, I was molested.

WHITFIELD: And so, Avery, we don't know. What was the sequence of events here? At what point did Matt Sandusky step forward and say I have a story to tell? Or did the defense say we want to use him or the prosecution, we want to use him as a rebuttal witness potentially as opposed to just calling him in the first place? What could have potentially happened here?

FRIEDMAN: I think there are a number of things going on. Number one, I think both the prosecution and the defense realized that Matt Sandusky had credibility issues. And to me, I never bought the explanation that we heard last night from Joe Amendola, who is the counsel for Jerry Sandusky. Yes, that well, you know, we knew that Matt was going to testify, and then Jerry was going to testify, we were going to call him. But because he was going to be a rebuttal witness, then we decided against it. It makes absolutely no sense.

I think Matt Sandusky, whether or not the story is straight up, we don't know because we've heard two different stories. I am also in agreement that we may see more cases down the line -- as well as, and we can talk about this -- some civil litigation.

WHITFIELD: OK. Before we get to the civil litigation, do you agree with Richard that Dottie, the wife of Jerry Sandusky, might possibly face some sort of charges, whether it be, you know, being complicit in any way or whether it be, you know, hiding evidence? Any of those things sound like possibilities to you? Obstruction of justice potentially?

FRIEDMAN: I absolutely do not believe that. I think she was a victim. I think we saw her on the stand. Even Joe McGettigan, who was the lead prosecutor, was very gentle. I don't believe it for one second. I think she is harmed because of this conviction. And the fact is that her testimony, other than being a nice old lady, was of very, very little value. I would have expected they would have brought in calendars of events to rebut some of the victims' testimony, but I think it's just a, frankly, a sad older woman who now is going to be on her own and she is going to be stripped of an ability, frankly, to survive after the civil litigation. I don't at all believe the prosecutor is going to go after Dottie, no way.

WHITFIELD: Richard?

HERMAN: I completely disagree. This woman, for all these years, saw these young boys in her house, in the basement, on the road, in hotel rooms with her husband. Come on. She had to have known what was going on. And just one thing, Fred. We have to step back for a moment. Those young boys who screamed in that basement, who cried themselves to sleep every night, now finally their screams have been answered. This serial pedophile animal is going to die in prison, where he should be. He's done. He's never going to see the light of day.

FRIEDMAN: No doubt about it, but there was no evidence at the trial, no evidence at the trial that Dottie -- none of these victims testified that they were aware -- that Mrs. Sandusky testified.

WHITFIELD: Except one of the alleged victims -- do I recall this properly, that one of the alleged --

(CROSSTALK)

WHITFIELD: -- victims did say that he was screaming in the basement, and he thought that his screams would be answered by the wife, Dottie, who was upstairs?

HERMAN: Absolutely.

FRIEDMAN: That's the assumption. That's the assumption. Yes.

HERMAN: That's the evidence.

FRIEDMAN: I just don't buy it.

HERMAN: That's the evidence. She walked into hotel rooms with him laying on the bed with kids. These are little kids. This is so disgusting, this case.

FRIEDMAN: Convicting her beyond a reasonable doubt? No way. No way. Not going to happen.

HERMAN: I'd take a shot.

WHITFIELD: So the criminal case is still not quite over, because sentencing will take place, but let us talk about, Avery, those civil suits that could come. Would it be the civil suits would be pinpointing Jerry Sandusky, his estate, or would it be Penn State University, or both? FRIEDMAN: Both. Not only will it zero in on Jerry Sandusky to the extent that there is much value to that -- and there is. There is pension and some other assets. But it's going to zero in on the university. I mean, the fact is that there was sufficient evidence that surfaced at the criminal trial to show that the university over time had a pretty good idea what was going on.

I just can't imagine what the defense is going to be on the part of the university, that somehow we had no idea what was going on. The evidence, including McQuery's testimony, is very clear. They did know. They did nothing about it. Even Joe Paterno, before he died, said, you know, I wish I could have done more. Well, he didn't and neither did the other officials, and I think the university is in enormous, in an enormous big bowl of trouble.

WHITFIELD: So you wonder as a prelude to these potential civil suits, the Penn State University put out this statement -- of course it also put out this statement in large part because, you know, the convictions. But the university is saying, quote, "the university wants to do their part to help the victims continue their path forward." The university is actually going to invite the victims of Sandusky to a program, and the university spells out this program this way, saying, quote, "the purpose of the program is simple. The university wants to provide a forum where the university can privately, expeditiously and fairly address the victims' concerns, and compensate them for claims relating to the university."

Is this a clear prelude to these civil suits, trying to, perhaps, deflect from the potential of a civil suit, or is this just the right thing to do for Penn State, Richard?

HERMAN: It's the right thing to do, Fred. And I'm not so clear that there is going to be litigation against Penn State. There is a serious statute of limitations issue here. I don't know if this plaintiff group can overcome that. But if they can, Penn State is, like Avery said, could very well be in a heap of trouble.

One more point, Fred, about the conviction here. You know, the defense wanted the trial in this jurisdiction, thinking that Penn State, they would support him. They couldn't -- they'd want to find a reason to acquit him. But I think in the end, after all the gruesome and devastating testimony that came out, in addition in the back of the minds of some of those jurors, they had to have been thinking this was the guy that took down Joe Paterno. This is the guy. We can't trust him. We're going to go after him. And I think that's another component. One of the components that influenced this flash verdict.

FRIEDMAN: I think that's is a very fair statement. And it was a relatively flash verdict, Fredricka, because you think, you know, 52 counts, 48 counts in 20 hours. Are you kidding? That should have gone on for another week at least. So it was a relatively quick verdict given the number of charges.

WHITFIELD: Quick case all the way around. I think most people anticipated it would be much longer than what we saw. All right. Thanks so much, gentlemen. We're going to see you again in about 20 minutes. We're going to talk about a new law in Louisiana, forcing sex offenders to reveal themselves on social media.

And an Ugandan man is giving back to his country and helping a nation ravaged by HIV-AIDS.

(COMMERCIAL BREAK)

WHITFIELD: He had a college degree and the down payment for a home. He was living the American dream. But when Jackson Kaguri saw that HIV- AIDS had wiped out an entire generation of parents in his hometown in Uganda, he reached out to help. It's a story of tremendous sacrifice and joy.

(BEGIN VIDEOTAPE)

JACKSON KAGURI: In Uganda, it's how the AIDS came, striking like a machete in a cornfield. Killing men and women, leaving 1.2 million children orphaned. The grandmothers stepped in and closed that gap. Some of them have up to 14 children to raise. I was born and raised in Nyaka village. I moved to America. I went to Columbia University. I came to visit. I've looked in these eyes of women who carried me as a child and said, now is the time to also give back. I am Twesigye Jackson Kaguri of the Nyaka AIDS Orphans Project.

Who is happy this morning?

We've started with $5,000 that my wife and I saved for a house. We provide free education to children who are orphaned by HIV/AIDS. We provide them uniforms, health care, the library. Clean water, and we started giving them meals. We teach the grandmothers skills so they can support themselves. 11 years later, this project has produced close to 600 students and helps about 7,000 grandmothers. I feel humbled looking in the faces of the children smiling, focused on what their dreams are going to be.

(END VIDEOTAPE)

WHITFIELD: And, remember, all of our heroes come from your nominations. Go to CNNheroes.com and tell us about the hero in your life.

And a storm is brewing out in the Gulf of Mexico. We'll check its strength and see where it just might be headed.

(COMMERCIAL BREAK)

WHITFIELD: Checking our top stories. In Syria, there are fears of a wider conflict this after Syrian forces shot down a Turkish military jet. A search for the plane and crew members is on. Also today, Syrian president Bashar al-Assad announced the formation of a new government. He named the foreign minister of agriculture as the new prime minister.

And a powerful Florida Congressman is now the subject of at least four federal investigations. Republican Vern Buchanan is accused of violating campaign finance laws and illegal activities from his days as a car dealership owner. Buchanan says the allegations are politically motivated.

And we're keeping an eye on the Gulf of Mexico right now. A storm is brewing. Bonnie Schneider is here with more on this. Bonnie, it has a name?

BONNIE SCHNEIDER, AMS METEOROLOGIST: Not yet, Fredricka. But I think before the day is over, it may see Debbie. Hurricane hunters are en route to check out this broad area of low pressure. Let's take a look at it on the satellite perspective. The areas that you see in orange and in green, those are where the higher cloud tops, where we have some convection or thunderstorms. Mainly to the east, you can see this impacting Florida a bit. We're getting some rain in the area. And a chance (ph) amount (ph) -- for thunderstorms to develop.

Let's take a look at the computer models and take a look at where this storm, if it does become Debbie, may head. Notice, our computers models really diverge on the track. They're all over the place. So, anywhere from Texas to Florida, you really have to be on guard. This, of course, is hurricane season, and this storm could really go anywhere.

We're mainly trending, and as you can see a little bit more to the north. But it's definitely is going to be a rain maker as we go through. What is important to note as well, is that right now the water temperatures are actually one or two degrees above normal of where they normally are this time of the year. So, 81, even 82 degrees across the entire Gulf of Mexico. So this system certainly has the potential to develop and become a tropical storm. And remember, the next name up is Debbie. I just want to show you real quick that on the Gulf Coast we're starting to get some winds to pick up. So, I think before the day is over we may have Debbie. If we do get that, I'll let you know.

WHITFIELD: OK. Please do. Thank you so much, Bonnie.

SCHNEIDER: Sure.

WHITFIELD: I appreciate that.

WHITFIELD: OK. Is Apple's Siri technology all that it's cracked up to be? Well, one man says it is not. And that's why he is suing. Our legal guys will weigh in on this one.

(COMMERCIAL BREAK)

WHITFIELD: All right, in Louisiana, sex offenders and child predators will no longer be able to hide their criminal status on social media. A new law will now force them to tell all. Our legal guys are back. Avery Friedman in Cleveland and Richard Herman in Las Vegas. Good to see you guys again. All right, so, Louisiana, now is claiming that it's expanding its sex offender registration requirements. So if on Facebook that means if you're registered offender, you must let everyone know. And one of the state lawmakers says, Avery that this is constitutionally sound. And it will be effective August 1st. Might there be any obstacles? FRIEDMAN: Well, certainly better than the last one they tried, Fredricka. Louisiana passed a law that banned any use of the Internet, which was clearly unconstitutional. So somebody in Baton Rouge, the state capital figured out that, you know, maybe we better do this right. The objective is to protect children against predators. So this is more tailored.

The effort, Fredricka, is to limit access because of one's conviction. And you rectify that by simply identifying where you have been convicted, where you live, other information, so that if there are chat rooms and that type of thing then children and others will be aware of the person with whom they're communicating. I think it's a more tailored law. It still may have constitutional issues, but I think on balance, the courts are likely to affirm the legitimacy, the constitutionality of this law.

WHITFIELD: So, constitutional issues like right to privacy?

FRIEDMAN: No. It sounds like right to privacy, but actually what the federal court did in the first law was saying it was too broad. It violated due process. And the question of privacy wasn't even addressed. I don't think a privacy issue is going to work if there is a challenge to this law.

WHITFIELD: All right, Richard, do you think this is smooth sailing for this law, effective August 1st? No obstacles? No challenges? No nothing?

RICHARD HERMAN: Oh, there will be challenges, Fred. I think the law is going to pass.

FRIEDMAN: Sure.

HERMAN: I mean, having to put down the fact that you are a sex offender, the notice of the crime, the jurisdiction of the conviction and the personal and residential description, that's minimally invasive if at all for you to put down. Facebook, you're not even supposed to be on Facebook if you're a registered sex offender. Their rights and responsibilities say, no, we don't want you on here. But again, how do you enforce it? A violation of this brings two to ten years. And I think it's a great statute. I hope ...

FRIEDMAN: Of hard labor.

WHITFIELD: Are (inaudible) likely to follow?

FRIEDMAN: I think other states should follow. I mean Texas and other states have a complete ban, totally unconstitutional.

WHITFIELD: Yes.

FRIEDMAN: This is an effort and the first of its type, Fredricka, in the country to try to tailor control of sex offenders to protect the innocent people.

WHITFIELD: Yes. FRIEDMAN: I think it's a great idea.

WHITFIELD: Interesting.

FRIEDMAN: And I think other states should follow suit.

WHITFIELD: All right. Let's talk about something else. If you have, you know, an iPhone 4S, you got Siri, you've seen the commercials, it talks to you, everything from, you know ...

FRIEDMAN: Yes.

WHITFIELD: ... cooking recipes to directions, et cetera. Apparently one New York man is so frustrated with his Siri that he is suing Apple for false advertising saying that it's not reliable. It doesn't do everything it promises to do, et cetera. But at the same time, Richard, there is a disclaimer whether it be on the commercials or, you know, in any written material that Apple made distribute that says, you know what, if you're not happy within 30 days, you'll get your money back.

HERMAN: Yes.

WHITFIELD: So will Frank Fazio, you know, or Fazio have, I guess, you know, I guess any real chance in his suit against Apple?

HERMAN: I don't know, Fred. I went on Siri this morning, I said what's the best news show on television? Fredricka Whitfield, Newsroom, CNN. So, I think it works fine. But in any event ...

WHITFIELD: Pardon me.

HERMAN: I've looked at the lawsuit here. You see, this is the lawsuit. It's this thin, OK?

WHITFIELD: Oh, no.

HERMAN: The allegations are minimal here. We don't know what this guy said to Siri that day. We don't know the words that he used. We don't know how he addressed it. Apple says it's a learning technology. It takes time for Siri to get used to your voice and your commands. I think he was upset ...

FRIEDMAN: Well, yes.

HERMAN: ... because he got late -- he was late, and also, you know, when you use Siri, your minutes go up because you're using valuable time.

WHITFIELD: It's costing you.

HERMAN: So -- yes, it's costing you. I think the lawsuit is going nowhere, Fred.

WHITFIELD: OK. Avery, how do you see it? Do you have Siri? FRIEDMAN: Yes. Legally we're looking at a minor inconvenience. So, I mean if there was a problem with the phone, he could have taken it back within 30 days. Even the lawsuit ...

HERMAN: Right.

FRIEDMAN: ... admits that it, you know, this happened promptly after he bought the phone. I mean, you know, he wants the certification of a class action, a national permanent injunction. He wants statutory and compensatory damages ...

WHITFIELD: He put a lot of time and effort into this one.

FRIEDMAN: Well, somebody did. Somebody I think is heading into the wild blue yonder. Because the United States district judge in San Jose is going to take a look at Frankie Fazio's lawsuit and say, who pays the court costs?

WHITFIELD: Oh, boy. This can add up.

FRIEDMAN: And I think -- you know, I think we know what the answer is.

WHITFIELD: Oh boy. All right. Well, we shall see, won't we? There is going to be a follow up most certainly. All right. Avery and Richard, good to see you, guys. I appreciate it. Always great to see you.

HERMAN: See you soon.

WHITFIELD: Thanks so much.

HERMAN: Take care.

FRIEDMAN: Take care, Fred.

WHITFIELD: All right, the U.S. Justice Department struck out again. Former pitching great Roger Clemens is in the clear. Case closed. We talked about it time and time again with Richard and Avery. A jury found him not guilty and officially cleared him of perjury charges. Clemens was accused of lying about his use of performance enhancing drugs.

All right, a grandma who faced relentless bullying from a bus of school kids could now retire thanks to a flood of donations and maybe even a trip to Disney. We'll bring you the incredible story when we come right back.

(COMMERCIAL BREAK)

WHITFIELD: The father of one of the middle school student filmed harassing a 68-year old bus monitor, says he has received death threats. The story has sparked outrage since it went viral. And it is shedding new light on the effects of bullying. CNN's Randi Kaye has the story.

(BEGIN VIDEOTAPE) KAYE: The ten-minute video begins with bus monitor Karen Klein in her seat at the back of the bus, surrounded by a small group of seventh graders.

Kid: Oh, my god, you're so fat.

Kid: Dude, you're so fat. You take up like the whole entire seat.

KAYE: The students, all boys, tell Klein, their 68-year-old bus monitor for the Greece Central School District in upstate New York, that she's so fat she'll probably die from diabetes. But it's not just verbal attacks. There are physical threats, too.

Kid: You're a troll. You're a troll. You're a troll. You old troll.

Kid: How about I bring my knife and (expletive) cut you? If I stabbed you in the stomach, my knife would go through you like butter 'cause it's all (expletive) lard.

Kid: What's your address so I can freakin' piss all over your door?

KAREN KLEIN, BULLIED BUS MONITOR: I'm not going to tell you.

Kid: I'm going to [expletive] take a crap in your mouth.

KAYE: Klein takes most of it in silence, hardly engaging the kids, except at moments like this.

KLEIN: Unless you have something nice to say, don't say anything nice at all.

Kid: How about you shut the (expletive) up?

KAYE: While everything these teenagers said was cruel, this comment was the most hurtful of all.

UNIDENTIFIED MALE: You don't have a family because they all killed themselves because they didn't want to be near you.

KAYE: Karen Klein's son had committed suicide ten years ago. It's unclear if the kids knew about his death. Police tell us the video was recorded by one of the boys involved in the verbal attacks who then posted it on his Facebook page. From there, it was picked up and posted on YouTube and by Thursday afternoon, it had gone viral with more than 1.6 million hits putting this quiet community of Greece, New York, on the map.

ROSE DIPASQUALE, RESIDENT: I think it's disgusting. Do you know, I raised eight children. If one of my children would have done that, there would be a consequence to this. And I don't care what. But you have to have respect and it starts at home.

KAYE: Just 48 hours after the video was posted online, Klein told me these same students have misbehaved before, but never like this.

(on camera): How were you feeling when they were saying such cruel things to you?

KLEIN: I didn't catch them all. But things I did catch -- I didn't know what to do. I just -- you know. It's one of those things. I didn't know what to do.

KAYE (voice over): Investigators here have interviewed all four boys involved. They may be suspended or expelled from school for a year or possibly even charged with aggravated harassment, menacing or stalking. But for now, this grandmother of eight says she doesn't want to pursue criminal charges. All she wants is an apology.

(on camera): Is there anything that these kids could say that would take away the hurt that they caused you?

KLEIN: That they won't do it to anyone else. They thought they were so smart, so smug. You know, make them wipe the smile off their faces, too. But I cannot see pressing criminal charges.

(END VIDEOTAPE)

WHITFIELD: All right, and this week people started raising money for Klein to take a vacation. And the fund has swelled to about $600,000. She's now considering retirement and may donate the money to an autism or Down syndrome charity. She's also received apologies from three of the four students involved.

All right. New options for your smartphone camera the next time you go on vacation. There's an app for that.

And, of course, if you have to go out today, just a reminder, you can continue watching CNN from your mobile phone. You can also watch CNN live from your laptop. Just go to cnn.com/tv.

(COMMERCIAL BREAK)

WHITFIELD: All right. This just in to CNN. This is a CNN exclusive of Dottie Sandusky today hours after her husband Jerry Sandusky's conviction. It appears she is bringing in some items there to her husband, who is now in jail awaiting sentencing. Sandusky was found guilty last night on 45 of 48 counts for sexually abusing young boys. He is currently, as we understand, also on suicide watch.

All right. Some other stories that we're following for you. GM is recalling more than 400,000 of its Chevy Cruze vehicles. The company says it needs to modify an engine shield that could create a fire hazard. And George Washington's copy of the Constitution complete with handwritten notes and a draft of the Bill of Rights has sold for nearly $10 million at auction. That's more than three times the expected price.

And this touching moment at an Oakland A's baseball game. A 19-year- old Ally Pierce throwing out the first pitch and receiving a video birthday wish from her soldier dad, and then came the real surprise. Army Specialist Scott Pierce walking on the field with the teen there reducing everyone to tears. And he wasn't due back from Afghanistan until October. Great surprise. All right. More people are using their smartphones instead of carrying inconvenient cameras while on vacation. Rob Marciano is on the go with useful apps that will help you capture really great pictures.

(BEGIN VIDEOTAPE)

ROB MARCIANO, CNN CORRESPONDENT: For your next picturesque vacation, leave that bulky expensive camera behind. Nowadays, all you need is a Smartphone.

AMBER MAC, APP CENTRAL: More and more people are using their Smartphones to take important photos while they are traveling with their friends and family because Smartphones are so accessible. There are so many apps that you can take along with you that will really improve the quality of your photos.

MARCIANO: Let's say you have this incredible view and want to soak it all in? Well, 360 Panorama actually lets you take a picture of your entire surroundings.

MAC: It will automatically stitch together all of those images and give you this great panoramic view.

MARCIANO: Here's a popular app, Instagram. It lets you actually take a picture, hey, baby girl, and you can add a variety of filters and then send them out to your friends.

MAC: For a great way to edit your photos on the fly, you really have to try Snapseed. It can change the contrast, the brightness, the saturation and many other features.

MARCIANO: Once you have that picture perfect, you can actually send it old school snail mail. Postcards on the run. It does it with a few clicks.

MAC: You can actually print a sent on to the postcard so when someone receives it in their mail box, they can scratch and sniff the postcard. So that makes it kind of interesting.

MARCIANO: Just some great ways to capture your vacation the next time you're on the go.

(END VIDEO CLIP)

WHITFIELD: Wow. And for more travel information, be sure to join me in the 2:00 Eastern hour for the look at the best rooms for the view kind of vacation for your next getaway. All right, have you ever seen two bears fighting up close? They will have you doing a double take.

(COMMERCIAL BREAK)

WHITFIELD: I bet you haven't seen this before. Two bears fighting in someone's backyard. Well, it happened at a Florida home, the homeowner saw it all and then they grabbed their camera, of course. Dave McDaniel, an affiliate WESH has more.

(BEGIN VIDEO CLIP)

DAVE MCDANIEL, WESH CORRESPONDENT: Call it a waltz, a fight, or a test of wills. The video of the two bears in this Longwood neighborhood is amazing. Even to people who live around and see bears all the time.

UNIDENTIFIED FEMALE: Mom, you're not going to believe it. There is two big bears out there fighting. And I'm like, what? So, of course, we get up, run out.

MCDANIEL: By the time she got outside, much of it was over, but thankfully her neighbor has this footage. We shipped it to state wildlife officials, who say it is something rarely seen. They're not even sure what to make of it, except that a couple of younger males may have been working to establish territory.

UNIDENTIFIED FEMALE: They had been up on their hind legs scratching and there was blood. I mean, they were -- they were mean to each other and they were fighting and pawing. And all I saw was black fur.

MCDANIEL: You can't have two adult bears dancing around like that without having something left behind. Look at all of the huge paw prints in this flowerbed, and this bush over here was twice as big and not nearly as torn up until they got done with it. Even so, Tammy Snell says she likes having the wildlife around.

UNIDENTIFIED FEMALE: We love to see them. I mean we're going to keep our pace from them. You know, we're not going to go up and go here, bear, have a cookie. But we love to see them.

MCDANIEL: The bears ended up behind another set of bushes, rolled over the air conditioner and then just seemed to amble away.

UNIDENTIFIED FEMALE: They started looking over here at me like you want some of this? You know, like OK, I'm getting in my door.

MCDANIEL: No harm, no foul. Bears just took off. Not in a dead run, just moving along. Some neighborhood history caught on video.

(END VIDEOTAPE)

WHITFIELD: All right. That was Dave McDaniel, of affiliate WESH 2 news reporting.

All right, coming up, if you have pain, should you pop a pill or put on a patch? We'll give you some details at 2:00 Eastern time.

And no matter how the U.S. Supreme Court rules on health care reform, there will be winners and losers, and Wall Street is no exception.

Also this weekend, it's all about fantasy at the box office. "Brave" hits theaters, and a tip for a new DVD release if you just want to stay at home.

"YOUR MONEY" starts right now.