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Movie Massacre Suspect Charged; Heartbreak For U.S. Gymnast; Romney's Tough Talk On Iran; Romney In Israel; Athletes Gear Up To Win; Battle for Syria's Largest City Intensifies; Portrait of U.S. Economy; Drought Affects Food Prices; Dr. Conrad Murray Launches Appeal

Aired July 30, 2012 - 13:00   ET

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

SUZANNE MALVEAUX, CNN ANCHOR: I'm Suzanne Malveaux. This hour in the CNN NEWSROOM, we are focusing on the court hearing for the suspect in the Colorado movie theater massacre. We are also focusing on Mitt Romney's trip overseas as well as the Olympics.

We're going to begin with Colorado. The suspect in the movie theater massacre in Colorado returned to court today to face formal charges including first-degree murder. James Holmes, he is the former graduate student accused of killing 12 people and wounding 38 others. The hearing for Holmes just wrapped up within the past hour. I want to bring in our Ed Lavandara who is inside the courtroom. He is joining us from Centennial, Colorado. First of all, Ed, walk us basically through the charges that he is now faced with.

ED LAVANDARA, CNN CORRESPONDENT: Sure thing, Suzanne. Well, essentially, James Holmes has been charged with 142 criminal counts, 24 counts of first-degree murder and 116 counts of attempted murder, and, essentially, that is doubled up on the number of victims inside of that movie theater. Remember, there were 12 people who were killed, 58 people who were wounded and taken to hospitals.

Now, the legal reason behind that, according to the paperwork we have received, is that they were able to file double the charges on each of those victims, because number one, prosecutors say it was a planned attack, premeditated, and also because James Holmes showed an extreme indifference towards the people he was killing, that is that it didn't really matter who he was killing, he was just shooting indiscriminately into the movie theater.

So, because off that, that gives them the legal basis to be able to file essentially double the counts against James Holmes. There is also one count of possessing explosives and one count which is a sentence enhancer because of the violence associated with the tragedy that happened inside that movie theater. So, those are the criminal counts. 142 in all, and of course, he faces the death penalty which prosecutors say that they are still months away from deciding if they will go down the road.

MALVEAUX: Ed, describe for us what he looked like, James Holmes. Does he still have that bright orange red hair and look kind of out of it in the -- in the -- inside of the courtroom? LAVANDARA: Well, he did. This time instead of being kind of disheveled, it was like matted down, like, I don't know, like he had put something in it and kind of matted it down. And it kind of frailed (ph) here at the sides, but it was still that bizarre reddish, orangish color. He was in that burgundy jumpsuit, shackled around the wrists and the legs, escorted in by two guards. There were seven guards, sheriff's deputies, inside the courtroom as well. And I think what really stood out is that as these 142 counts were announced to him, he really had no reaction, just kind of stood there very peacefully, very calmly.

Now having said that, I know we talked a lot about the way he appeared and his mannerisms after the last court hearing. Some people suggested that he had been on some sort of medication. To me, he appeared much more lucid this time around, like he was slightly more aware of what was going on, but he still -- at times he had kind like this -- his head would kind of drift around and his eyes would open real wide as if he was trying to process what was going on around him is the best I can tell, that is, you know, just a simple judgment from somebody who was sitting about 20 feet away from him. And when the judge was talking, he seemed to mostly kind of be staring at the bottom of the bench there, kind of staring blankly. So -- but it was just kind of a very calm, peaceful demeanor that he kind of showed there. You know, sort of a contrast from what --

(CROSSTALK)

MALVEAUX: And, Ed, you said that he actually spoke? He actually spoke during this? One word, and what was the voice like and what did he say?

LAVANDARA: There was one point, and this is about a 45-minute hearing, the attorneys were trying to figure out when they could hold a preliminary hearing which is one of the next steps here in the legal process. The -- his attorneys, is the public defenders were asking for more time, they wanted to delay that back to November. The judge in the case asked James Holmes to talk with his attorneys to make sure he was OK and that he understood why his attorneys were making that decision. The judge then asked him if he was OK with that, and he simply, quietly just said, yes. And that is the only time we heard him speak, and it was very hard to hear him say that word.

MALVEAUX: OK. And finally, Ed, just a quick question here. Any reaction from the victims' family members who were also there?

LAVANDARA: Well, we spoke to a couple -- let me just set the scene first. There's about 120 seats in that courtroom, half of it was filled with victims or victims' families, and there was also an overflow room that had people watching through a video camera that had been set up for them to be able to watch the proceedings. There were a couple of people that stood out to me. There was one young man who was in the front row leaning forward who never once stopped staring at James Holmes, like he was locked in on him, trying to make eye contact with him and never flinched. And you could see a very stoic and determined look on his face. There was another woman who just kind of very tiredly was sitting back in her chair. She had bandages on her left arm and on her left leg. She still had her hospital wrist bands and then she was brought here by her loved ones. There was one man who, Suzanne, if you let me tell this story. I was really struck by a young man by the name of Don Later who was in the eighth row of the theater. He came here with a young woman named Amber Harris.

MALVEAUX: Yes.

LAVANDARA: Before the shooting, they were both in theater nine. They didn't know each other. They came here together. Dan met amber in the moments just after the shooting, he found her kind of walking aimlessly around in the parking lot, very confused and dazed by everything that had happened. And Don said, you're coming with me. And kind of took her and put her put her in her car. And he's been taking -- they have kind of taken care of each other ever since. And they didn't know each other before, they came here together, and now they say -- they both say that they are incredibly good friends. And I think that kind of speaks volumes to how many of these people are going to be going through the process together, dealing with this process, and how they're going to leaning on each other to get through it. But Don said he has been to see the Batman movie twice since the shooting and he showed up here today wearing his "Batman Dark Knight Rises" T-shirt.

MALVEAUX: Oh, that's really -- I mean, amazing stories. And, obviously, a good story that people are coming together after this tragedy. Ed, thank you so much.

I want to bring in our CNN Legal Contributor Paul Callan and talk a little bit more about the charges that he is facing. First of all, give us a sense of why the 24 counts of murder in a case where there 12 people who have been killed?

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: Well, in most American states and including Colorado, there are two kinds of first-degree murder. The first, everybody is familiar from television, you point a gun at somebody, pull the trigger intending to kill them, that would be ordinary first-degree murder. But there is a second kind that's called depraved indifference murder. And that's when you do something that's so horribly reckless that any reasonable person would know it would cause death. For instance, if you drove your car at a high speed on a crowded sidewalk and you killed people, that would be a depraved indifference murder.

Here, prosecutors are saying, you know, maybe we cannot prove that he was aiming the rifle at a particular person, but anybody who sprays a rifle in a crowded theater, that shows such a disregard for human life that it's the functional equivalent of intentionally killing somebody. So, they sort of hedged their bets with the second set of counts. But the punishment is the same and it would easily be proven on this fact pattern if the facts are as we think they are.

MALVEAUX: Paul, why don't we see more of that type of thing where you have this double charge for one killing? CALLAN: Well, you don't usually see it, because usually in a murder case, the murderer comes in and he intends to kill one person, and he fires a shot or uses a knife and kills the person. This is rare where a large group of people are shot in an incident. Now, for instance, he could have been -- let's say, hypothetically he was aiming part of the time at the movie screen. That would be -- and maybe some of the bullets ricocheted and hit the victims, that would still be a depraved indifference murder. But it's a very unusual fact pattern that you don't often see.

MALVEAUX: And no cameras inside the courthouse today. You were disappointed by that decision, why?

CALLAN: Well, I'm disappointed and disturbed by it. The entire country is watching this case to see that justice is found in a Colorado courtroom. And to exclude the public from viewing the proceedings, I think it is a mistake. And with a large number of victims in the case who probably couldn't even fit into that courtroom, and I'm talking about victims' family members. Cameras in the courtroom would, of course, assist in that process. The jury trial is very far away, so these proceedings are not going to affect the jury trial. As a matter of fact, to me, with people speculating about what happens in a courtroom, it's more likely to have a bad effect on the trial than actually seeing what goes on inside the courtroom. So, I disagree with the decision not to put cameras in that courtroom.

MALVEAUX: All right. Paul Callan, thanks. Good to see you as always.

CALLAN: OK.

MALVEAUX: Here is what we're working on for this hour.

(voice-over): Mitt Romney weighs in in the heart of the Palestinian, Israeli conflict with a controversial declaration.

(BEGIN VIDEO CLIP)

MITT ROMNEY (R), PRESIDENTIAL CANDIDATE: Jerusalem is Israel's capital.

(END VIDEO CLIP)

MALVEAUX: Romney goes beyond current U.S. policy, stirring the pot in Israel. Plus --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This should be about a foot long or something like that, usually it's 42, 44 grains long, and this one's eight grains long.

(END VIDEO CLIP)

MALVEAUX: It's the worst drought in the U.S. in half a century, and you will be paying the price at the grocery store.

Heartbreak for U.S. gymnast Jordyn Wieber, but the men's team (INAUDIBLE) heading into today's finals.

And the long, painful road that Dana Vollmer endured to clinch her 2012 gold medal.

(COMMERCIAL BREAK)

Mitt Romney arrives in Poland, it's the final leg of his overseas trip. The stop came after an invitation from Lech Walesa. He is the -- once the shipyard worker who inspired the solidarity trade union movement and the eventual fall of the iron curtain. Walesa went on to become president and today, he said he hopes Romney wins the November election. He also criticized the current direction of the U.S. and said, new leadership is needed. Romney is also meeting with Poland's current president and prime minister. During his visit to Israel, Mitt Romney talking tough on Iran and he promised to move as well the American embassy to Jerusalem. In a speech, Romney said Iran must not be allowed to develop nuclear weapons and no option is off of the table.

(BEGIN VIDEO CLIP)

ROMNEY: We must not delude ourselves into thinking that containment is an option. We must lead the effort to prevent Iran from building and possessing nuclear weapons capability. We should employ any and all measures to dissuade the Iranian regime from its nuclear course. And it is our fervent hope that diplomatic and economic measures will do so. In the final analysis, of course, no option should be excluded. We recognize Israel's right to defend itself, and that it is right for America to stand with you.

(END VIDEO CLIP)

MALVEAUX: Romney also referred to Jerusalem as Israel's capital and he expanded on that during an interview with our own Wolf Blitzer. Wolf is joining us from Jerusalem.

And first of all, Wolf, let's talk a little bit about that first point. U.S. policy on Jerusalem as the capital of Israel, very much intentionally vague because of the years that the Palestinians also claiming rights as that as a part of their own future, an independent state, the capital. Everybody feels that they've got some skin in the game here. How significant is that, that Romney pledged essentially to move the U.S. embassy to Jerusalem?

WOLF BLITZER, CNN ANCHOR, "THE SITUATION ROOM": Well, he wouldn't be the first presidential candidate to make such a pledge. The question is, if he were elected president, would he actually deliver? Other presidential candidates, including four years ago Barack Obama himself, then a U.S. senator, made a similar pledge. Once he became president of the United States, he didn't do that. He didn't move the embassy, for example, from Tel Aviv to Jerusalem, to symbolize that the U.S. recognizes Jerusalem as Israel's capital.

Listen to what Mitt Romney told me in our interview.

(BEGIN VIDEO CLIP)

BLITZER: Do you consider Jerusalem to be the capital of Israel?

ROMNEY: Yes, of course. A nation has the capacity to choose its own capital city. And Jerusalem is Israel's capital.

BLITZER: If you become president of the United States, would you move the U.S. embassy from Tel Aviv to Jerusalem?

ROMNEY: I think it's long been the policy of our country to ultimately have our embassy in the nation's capital of Jerusalem,. The decision to actually make the move is one, if I were president, I would want to take in consultation with the leadership of the government which exists at that time.

(END VIDEO CLIP)

BLITZER: And as you know, Suzanne, Congress several years ago passed legislation requiring the U.S. to move its embassy from Tel Aviv to Jerusalem. But there was a contingent clause in there, saying if the president deemed that would be undermining national security, every six months he could wave that. He could sign that and they wouldn't have to move the embassy. And President Obama has done that every six months. And, as a result, the U.S. embassy remains in Tel Aviv.

MALVEAUX: And Romney also pledged not to criticize President Obama during his overseas trip, but he has made a point to point out some contrasts. And he has also made a point to say how close he is to Benjamin Netanyahu. Does he feel like he has actually struck the right balance here?

BLITZER: You know, he's been trying. And certainly in the interview that I had with him -- and we're going to play the whole interview in "The Situation Room" later today -- but he certainly, you know, was implicit in his criticism of the president in several very sensitive issues, even if he didn't explicitly, if he didn't directly, you know, blast the president, condemn the president. He tried to contrast in a more subtle way under the theory their politics stops at the -- you know, when he goes overseas and he shouldn't be criticizing the sitting president of the United States, whether in London or in Jerusalem or now in Poland where he is.

So it's a delicate dance that he tries to do. Other presidential candidates have tried to do the same thing when there is an incumbent president that you're seeking to replace. But, you know, he's tried to do it. And for all practical purposes, he's done it. But the message certainly comes through the criticism implicit in many of the statements that he makes.

MALVEAUX: And when you hear some of these statements, we know that Romney has already been criticized by some Palestinian leaders, including Saeb Erekat, very well-known there for negotiations. The negotiations not taking place now. Israeli-Palestinians negotiations. But is he really concerned about how the Palestinians are responding to him or is he looking to see how the Jewish community in the United States is responding to some of the statements he's making, voters?

BLITZER: Yes, well, if you speak to his aides, it's clear he's very concerned. One of the reasons Israel was selected on this trip, because he feels that Israel has a lot of supporters in the American Jewish community, obviously, but among Evangelical Christians and others. And as a result, especially in a state like Florida, which is a key battleground state, there's a very significant Jewish vote in Florida and he wants to try to, you know, wean away from President Obama's support in the American Jewish community. I thinks that's obviously one of the major reasons why he was here in Jerusalem.

MALVEAUX: All right, Wolf, good to see you. And, of course, you can see all of Wolf's interview with Mitt Romney on "The Situation Room." That's later today at 4:00 p.m. Eastern.

Former President Bill Clinton, he's going to play a prominent role in the Democratic Convention. He's going to give a major, prime time speech and place President Obama's name into the nomination. Well, an aide tells CNN that the ex -- the former president's speech will starkly lay out the differences in the economic policies of the two parties. Also will describe why he believes President Obama is the best choice compared to Mitt Romney. All that happening at the convention in Charlotte in early September.

Lots of anticipated matchups in the Olympic games today. We're going to go live to London where the U.S. men's gymnastics team is on course the bring home a medal. That's right.

And Ryan Lochte tries to get another piece of hardware around his neck in the swimming competition.

(COMMERCIAL BREAK)

MALVEAUX: Less than two hours from now a world champion swimmer goes for the gold again. American Ryan Lochte, he is the current world champ in the men's 200 meter freestyle. He's already picked up a gold medal. He won the 400 meter individual medley on Saturday. Teammate Michael Phelps came in fourth place in that race.

On to women's swimming now. Missy Franklin going for gold in the 100- meter backstroke. The race gets started a little after the men's competition. And right now the men on the American gymnastics team trying to win the team competition. At the end of the first rotation, the U.S. was in fifth place overall.

Not everybody's Olympic dreams are coming true. One young athlete, she was in tears after not qualifying for the finals. Our Zain Verjee, she's in London.

We are talking about the world champion Jordyn Wieber failing to qualify, right, for the women's all-around final by less than half a point?

ZAIN VERJEE, CNN CORRESPONDENT: I know. It was really devastating for her, Suzanne. She ended in tears. She just didn't even want the talk to anyone. She just walked out. Didn't want to talk to journalists. And she basically issued a statement afterwards saying it was so disappointing and this was her big dream to be here at the Olympics and to win. She was tapped for getting gold.

But essentially she just had a bad day, Suzanne. She wasn't good in the vault. She didn't do well on the uneven bars. Her handstand was a little bit wobbly. And mainly on the floor exercises, she just didn't cut it. One of her coaches said, look, you know, winning is a big thing, but also how you handle losing is something that's really important, too. So he said that that's what they're trying to talk to her all about, just be graceful about this and just, you know, it was just a bad day and a bad moment.

MALVEAUX: Yes. It's tough when it only comes around every four years there. It is a tough way to go there.

VERJEE: Oh, yes.

MALVEAUX: But, you know, I mean, emotion, that's OK.

What about the American men? The gymnastics team? What's going on with them? How are they doing?

VERJEE: Oh, another spoiler or bummer here, Suzanne. They actually did really well over the weekend. Everyone was floored. I mean they were fantastic. They got an almost perfect score across the board in some of the instances that they were competing. But those were just the preliminary rounds and they didn't actually carry over the scores until today. So, as of just a short while ago, the USA gymnastics men's team is last. They're trailing China by something like nine points. So, yes, a bit of a bummer too on that front.

MALVEAUX: They're last?

VERJEE: Yes. Dead last.

MALVEAUX: Give me some good news, please. Tell us about Ryan Lochte. His race is coming up soon, right? He's the swimmer to watch?

VERJEE: All right. Yes, he is. It's coming up in about a couple of hours. And everyone here is really hyped up and excited to watch that. It's the 200 meter freestyle. Now, his main challenger is going be this Japanese guy called Sun Yang, who's also gotten a gold medal. So these two are going to go head-to-head. And we'll see what happens.

One thing everyone's been talking about, too, today, Suzanne, is about this 16-year-old Chinese woman swimmer. Her name is Ye Shiwen. And she actually won the 400 meter individual medley relay. And she crushed her own championship score, her own world record, by seven seconds. And then, in the last 50 meters of that swim, she was faster than Ryan Lochte. So that's getting a lot of attention and maybe a little bit of suspicion here as well.

MALVEAUX: Wow. OK. Zain, thank you so much. Great assignment to be on, obviously.

Our Piers Morgan, he sat down with 27-year-old swimming legend Michael Phelps going into the games and here's what he had to say about the athlete he most admires.

(BEGIN VIDEO CLIP)

PIERS MORGAN, HOST, CNN'S "PIERS MORGAN TONIGHT": Who are your sporting idols?

MICHAEL PHELPS, OLYMPIC GOLD MEDALIST: Michael Jordan.

MORGAN: Why him?

PHELPS: He changed the sport of basketball in my eyes and how it -- you know, on and off the court the guy, I mean, in my eyes, made basketball what it is. And, you know, what he did --

MORGAN: Have you met him?

PHELPS: I haven't. Never met him.

MORGAN: What would you ask him if you were able to meet Michael Jordan?

PHELPS: I've -- you know, I've had that thought a lot.

MORGAN: What's the thing you're most curious about with him?

PHELPS: Um, I mean, I think part of me would ask him about what made him come back to the sport, what made him go to basketball and then decide to come back -- or, excuse me, baseball, and then decide to come back to basketball. You know, I think -- one of the coolest things that I love about him was, it didn't matter what he had, you know, going on off of the court or if he was sick or this or that. He never used it as an excuse. He came out every single night on the court and he did what he had to do to get the job done. And that's what champions do. It doesn't matter what else is going on. When you walk into your arena, or your -- whatever you excel at, you're there to take care of the job that you have to do.

(END VIDEO CLIP)

MALVEAUX: And you can see the entire Michael Phelps' interview tonight at 9:00 p.m. Eastern her on CNN.

A nine-hour gun battle between rebels and military forces in Aleppo, Syria. Our Ivan Watson witnessed the fight from this vantage point. He tells us what he witnessed firsthand.

Don't forget, you can watch CNN live on your computer while you're at work. Head to cnn.com/tv.

(COMMERCIAL BREAK)

MALVEAUX: The battle for Syria's largest city is intensifying today. Activists say government troops continue firing on neighborhoods in and around Aleppo. We are getting confirmation that the top official of Syria's embassy in London has now left his post, saying he is no longer willing to represent a regime that has committed such violent and oppressive acts against its own people. The defections are being reported inside of Syria, including a brigadier general who fled to Turkey along with 11 other Syrian officers.

(BEGIN VIDEO CLIP)

(SHOUTING)

(END VIDEO CLIP)

MALVEAUX: The U.N. says about 200,000 people have fled the fighting in and around Aleppo over the past two days. This amateur video is showing families rushing to get out of harm's way. Fighting, raging overnight at a government military base just outside of the city.

Our Ivan Watson was less than a couple of miles from where all of this happened, and he joins by phone from northern Syria.

Ivan, first, tell us what we are watching here, Ivan, in this overnight battle.

IVAN WATSON, CNN CORRESPONDENT (voice-over): Well, this was a battle we watched. We watched about three hours of fighting. And we were tipped off beforehand that the rebels were planning to attack the Syrian government outpost that overlooks the main highway that runs north from Aleppo to the Turkish border. The fighting erupted. The army base was spraying the surrounding villages and the hills with the machine gun fire. They called in artillery strikes from miles away from Aleppo that repeatedly pounded one particular village that the rebels controlled that overlooked the government checkpoint. And what was striking was that over the course of three hours the amount of fire coming out of the army base diminish and diminished and diminished. We listened over the rebel radio that the fighters were crawling up to this base on their stomachs carrying rocket-propelled grenades and they started taking out and capturing tanks, one by one. And by late at night, early this morning, the base was in rebel hands -- Suzanne?

MALVEAUX: What is the significance of this particular base, the fact that the rebels now have it in their control?

WATSON: Well, this is one of the last remaining army outposts on the northern artery that runs from Syria's commercial capital, Aleppo, to the Turkish border. So basically, the rebels are consolidating the control over the countryside to the north of this crucial city. They have also grabbed most of the territory and the main highway running west of the city as well. So they are basically slowly and encircling it, even as they have moved the men inside of the city at the same time.

The fact that they were able, Suzanne, to mount an attack on the outpost while still fighting Syrian government troops inside of Aleppo at the same time, the fact that the rebels felt they still had the manpower and the ammunition to do this, suggests they are feeling confident on the battlefield right now. Also, the fact that the government troops could not bring in reinforcements during the three hours that we watched the battle says something about how weak the Syrian military is in northern Syria right now.

MALVEAUX: Ivan Watson there in Syria. Thank you so much, Ivan. Appreciate it. It is time for kids to, of course, head back to school and we know what that means. Time for mom and dad to head to the schools to stack up on the school supplies. Details on how that could actually boost the economy.

(COMMERCIAL BREAK)

MALVEAUX: All right. If you think you spend too much time on your e-mail at work, you are probably right. A study from the McKenzie Institute says we spend some 650 work hours a year on e-mail, so it works out to about 13 hours a week. The company says that having workers communicate, however, through social media might be more productive since most of us are already spending time there anyway.

We are going to get a detailed portrait of the U.S. economy. That all happening this week. We are talking about a slew of economic data that is capped off by the jobs report that will happen Friday. Ahead of that, you have the Dow that actually opened above 13,000. That happened this morning. That is the first time that has happened since May.

I want to bring in Alison Kosik from the New York Stock Exchange.

Tell us about that, because you have a week that includes a jobs report and housing prices and consumer confidence, all of the information we will go getting, as well as a look of the central banks.

ALISON KOSIK, CNN CORRESPONDENT: Exactly.

MALVEAUX: What do we think we will learn?

KOSIK: And the central banks really figure -- it is really the main focus of Wall Street, because what it is about for Wall Street, Suzanne, is the anticipation or maybe anti-pointment, if the central banks will jump in to give the economy a jump start. The Federal Reserve wraps up a meeting by Wednesday. The big question hanging over this meeting is whether the Fed is going to do anything to boost the economy, to introduce new stimulus into the economy. These calls are getting louder for the Fed to do something and to do something quick, especially after that dismal jobs report for June, after Friday's report showing economic activity has slowed down in the second quarter. And analyst say that if the central bank is going to do something, it has to do it this week or at it's next meeting in September, because if it waits too late to the election, it could be viewed as a political move. And the Fed is supposed to be a nonpartisan body.

Also, the European Central Bank is meeting this week. Everyone wants to see if it is going to take any steps to relieve pressure there -- Suzanne? MALVEAUX: And another thing happening this week is parents going to get school supplies and the kids back to school. This is a big time for retailers. Do we think that it makes a difference?

KOSIK: Yes, it does make a huge difference. Consumer spending accounts for a huge part of the economy. And this may come as a surprise, but Americans are expected to spend more this year on back- to-school shopping than they did last year. There is a survey from the National Retail Federation that says back-to-school shopping for kids in kindergarten to 12th grade is expected to climb 14 percent, which means that the average family will spend almost $700 this year, and it's partly because many parents just made due with old clothing and supplies last year. So a year off from spending, they need to stock up again.

Here's the thing though. Even though they will spend more, a lot of parents are planning to shop smarter. Many are saying, we're going to do a lot discounts and comparison shopping because of the economy, or cut back in other areas, because it is about stretching the dollar, right, Suzanne?

MALVEAUX: Oh, yes. It's a good idea.

Tell us how the markets are looking today?

KOSIK: Pretty darn flat. The Dow only down five points. It is holding above that 13,000 level that it pushed past Friday. One analyst puts it this way. At this point, Wall Street is sort of wading through a fog right now. There is a lot of caution ahead of these central bank meetings that I mentioned earlier. Investors don't want to make big bets in the market until they hear what the policymakers have up that their sleeve -- Suzanne?

MALVEAUX: All right. Thank you, Alison.

KOSIK: Sure.

MALVEAUX: It's going to be a big week this week. Appreciate it.

A battle between Apple and Samsung has played out around the world. Today, it moves to a California courtroom for a trial by jury. It comes down to one thing -- patent. Apple is claiming that Samsung has infringed on the interface of uses for the iPhone and the iPad, for example, Siri, Apple's voice-operated answering device. It's been tough going for Samsung so far because a U.S. district judge last month ordered a halt to Galaxy Nexus sales in America. Samsung says Apple is trying to stifle legitimate competition. The company scored a big win before a British judge, which happened earlier in the month. We are talking about billions of dollars at stake. The case will have major repercussions for the global Smartphone market as well.

It has been a miserably, miserably hot, dry summer for a lot of us. We know what we're talking about here. It is taking a toll on the food supply as well. We are talking about crops failing. And soon you will see the prices rising at the grocery store. We will tell you much more about what you can expect to pay.

(COMMERCIAL BREAK)

MALVEAUX: Little relief from Mother Nature. The Midwest drought is continuing. The rising cost of beans and corn heading to the grocery store shelves nationwide. We are talking about a big increase. The Department of Agriculture warning that shoppers should expect 3.5 to 4.5 percent increase for beef and chicken, and a 2.5 percent increase for pork and eggs and milk and margarine, and other dairy prices will rise as well.

CNN's Emily Schmidt visiting one hard-hit farm to see how the drought has affected all of this, first-hand.

(BEGIN VIDEOTAPE)

EMILY SCHMIDT, CNN CORRESPONDENT (voice-over): In a rural corner of Maryland, it is the right place, the wrong time to live off the land.

TOMMY BOWLES, FARMER: The sun is so hot.

(LAUGHTER)

Yes, it's been sunny side too much this year.

SCHMIDT: Too much sun, too little rain for too long. Tommy Bowles' crops are the worst he's had in more than 40 years of farming.

(on camera): You've seen anything worse than that?

BOWLES: I've never seen -- I heard about them talk about it, I think it was 1948 or something like that.

SCHMIDT (voice-over): His corn is dry, shrivelled, and hurting.

BOWLES: It should be about a foot long, something like that. Usually it's 42, 44 grains long and this one's eight grains long.

SCHMIDT: The damage stretches across the country. The U.S. Department of Agriculture estimates two-thirds of all crops are now affected by at least moderate drop.

(on camera): When did it start looking bad?

BOWLES: We started here, I would say about the third week of June.

SCHMIDT (voice-over): Bowles has federal crop insurance, but at best, he'll break even. So he won't hire the six extra workers he usually gets at harvest. And they won't be the only ones paying the price.

RICKY VOLPE, USDA ECONOMIST: Corn prices are fed all the way up to the supermarket. SCHMIDT: USDA economist, Ricky Volpe, says the drought shouldn't cause historic levels of food price inflation, but customers will see an impact this year.

VOLPE: We expect poultry prices to go up to 3.5 to 4.5 percent. Beef prices, we're looking at another 3.5 to 4.5 percent. Pork prices we're looking at probably 2 to 3 percent.

SCHMIDT: In 2013, higher prices are expected to add another $3 to $4 to a $100 grocery bill. That's two years' impact from what Tommy Bowles is seeing today.

BOWLES: Should be beans in this area right here. You don't see anything. Nothing but dry dirt.

SCHMIDT: Bowles says if there's no rain in two weeks, his beans will be worthless. With the next crop, one year away.

BOWLES: It's in your blood, you like what you do and you can't wait to get up every morning and go do it, but it hurts right now. It hurts.

SCHMIDT (on camera): If Tommy Bowles had to guess, he would estimate an 80 percent crop loss this year. In fact, his only certainty is, of the 6300 acres he farms, these are the only 13 acres that are green. He irrigates them for corn maize in the fall. And, as of right now, they are the only guaranteed crop he will have.

Emily Schmidt, CNN, Loveville, Maryland.

(END VIDEOTAPE)

MALVEAUX: U.S. Olympic swimmer, Dana Vollmer, has already proven that she is a champ, but her journey to the London Olympics has been rough. Find out how she overcame injuries and medical issues to reach her goal.

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MALVEAUX: Less than an hour from now, a world champion swimmer goes for the gold. We're talking about American Ryan Lochte. He is the current world champ in the men's 200-meter freestyle. He has already picked up a gold medal. He won the 400-meter individual medley. That happened on Saturday. Michael Phelps came in forth place. On to women's swimming, Missy Franklin going for the gold in the 100-meter backstroke. That race gets started after the men's competition.

Another U.S. swimmer is set to get a world record. Dana Vollmer is the first woman to swim the 100-meter butterfly in less than 60 seconds. While she was training for the game, she made a big change that she says improved her in performance in a big way.

Here is Sanjay Gupta.

(BEGIN VIDEOTAPE) DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT (voice-over): Dana Vollmer won gold I the 100-meter butterfly. It's a sweet comeback after a bitter disappointment four years ago when she failed to qualify at the Olympic trails.

DANA VOLLMER, U.S. OLYMPIC SWIMMER: It just seemed like, in my career, I also had something.

GUPTA: At one point, there was a heart condition, an ACL injury, shoulder injuries and back pain. There were also mysterious stomach aches.

VOLLMER: I always had either knee or shoulder problems so I didn't want to say, oh, I have a tummy ache today.

GUPTA: Those debilitating stomach aches went on for years.

VOLLMER: I'd been to the emergency room three times at meets for stomach aches.

GUPTA: Doctors couldn't figure out what was wrong.

VOLLMER: There were multiple competitions with my family that I would be outside with them in tears because my stomach would hurt, like drinking hot water to get it to calm down. My family figured it was from nerves or a lack of acid buildup.

GUPTA: It turns out she was allergic to eggs and gluten, a protein found in wheat, rye and barley. She cut it all out of her diet.

VOLLMER: It's amazing how much better I feel now. The stomach aches are gone.

GUPTA: As many as one in 10 people are gluten sensitive. Vollmer is an extreme case. Even a tiny amount causes headache, gas, bloating, fatigue and weakness. Avoiding it is a challenge but it's one opponent she knows how to beat.

VOLLMER: I'm in such a great place and finally feeling healthy.

GUPTA: Dr. Sanjay Gupta, CNN, reporting.

(END VIDEOTAPE)

MALVEAUX: Dr. Conrad Murray is serving time in the death of Michael Jackson. He is launching an appeal. What he and his lawyers hope to prove.

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MALVEAUX: Conrad Murray, the doctor convicted in the death of Michael Jackson, wants a key piece of evidence tested. He wants to show that Jackson injected himself with the drug that killed him.

Kareen Wynter is joining us from Los Angeles. Kareen, we know that Propofol was the drug that prosecutors say contained the fatal dose. What does Conrad Murray want to prove here and what does he want to check?

KAREEN WYNTER, CNN ENTERTAINMENT CORRESPONDENT: Suzanne, Conrad Murray, back in the news just days after that open invitation where he surprisingly invited Katherine Jackson to visit him in jail. This new development is based on how Michael Jackson actually died. Murray wants a key piece of evidence tested, which his attorneys argue could prove the pop star injected himself with the drug that killed him. In a motion filed today -- bear with me. This gets a bit complex. But lawyers for the doctors are asking an appeals court to order a test of the residue in a bottle of Propofol that prosecutors say contained the fatal dose of the drug. If that bottle contains 10 percent of the drug Lidocaine, while it would support the prosecutor's theory that Murray rigged up an I.V. drip using the bottle and then left the room where Jackson was resting. However, if the residue is 100 percent Propofol, it would dispute the prosecution's theory. Murray and his defense have argued that Jackson, who complained of insomnia shortly before his death, Suzanne, was concerned over the possibility that concerts for his come-back tour would be cancelled unless he got some rest.

MALVEAUX: Is he likely to succeed in getting this bottle tested?

WYNTER: What's interesting here in this bottle appeal is it's a small part of the appeal. The defense admits it isn't too optimistic that will go through about the testing, but they feel overall about their whole appeals process. We'll have to see.

MALVEAUX: Any reaction from the family?

WYNTER: I just got this from a source a few minutes ago. They say that they'd be surprised if the Jackson family has even noticed this. Everything above and beyond the drama that's going on, that's what their focal point is right now. They don't think the Jackson family, anyone is aware of this appeal. And that they have a lot of things to consider outside of Murray's legal activities. So, short answer, no.

(LAUGHTER)

MALVEAUX: All right. Keep us posted, Kareen. Appreciate it --

WYNTER: Sure will.

MALVEAUX: -- as always.

NFL superstar Brett Favre is coming back to football. He's not going to be a quarterback. He's a three-time MVP (ph). He's back in his home state of Mississippi to be an assistant high school football coach. The team began practice this morning. Favre doesn't officially start until later in the week.

CNN NEWSROOM is continuing now with Brooke Baldwin.