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Family Sues Six Flags; Assad To Hand Over Weapons; Prince William Leaving Royal Air Force; Prince William Leaving Royal Air Force; K-Mart Airs Earliest-Ever Holiday Ad; Late-Night Hosts Skewer Weiner; Derek Jeter out for Season

Aired September 12, 2013 - 09:30   ET

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

JOHN MORSE (D), FMR. COLORADO STATE SENATE PRESIDENT: That's a very small price to pay.

GEORGE HOWELL, CNN CORRESPONDENT (voice-over): Still scarred by the mass shootings in Columbine and Aurora, it was a huge blow for gun control advocates in Colorado who vastly outspent the competition and still lost.

(END VIDEOTAPE)

HOWELL: And, Carol, keep in mind. When it comes to spending, New York Mayor Michael Bloomberg gave more than $300,000 to help fight that recall effort in the state of Colorado. The NRA in a tweet gloated in a way, saying that the mayor, quote, "wasted his money."

Carol.

CAROL COSTELLO, CNN ANCHOR: George Howell reporting live for us today. Thank you.

If you're afraid of heights, this is your worst nightmare, being thrown out of one of the world's steepest roller coasters. That's what happened in July to Rosa Esparza, a 52-year-old mother. Now her family is suing Six Flags for a million dollars claiming Six Flags ignored safety precautions on the Texas giant, which will reopen this coming weekend. The lawsuit vividly describes the horror saying, quote, "Esparza's daughter heard screaming and yelling," saw "her mother in the process of being thrown out of the car," "struggling in an upside down position," "attempting to hold on for dear life." Then "she was thrown against a support piling," "then catapulted many feet below." "The Six Flags employees initially refused to believe that anyone had been thrown from the train."

Six flags is not commenting on the lawsuit but claims there was no mechanical failure, though it did add extra safety measures since her death. Joining us now is Kenneth Martin, a rollercoaster inspector and safety specialist.

Good morning, Kenneth.

KENNETH MARTIN, ROLLERCOASTER SAFETY SPECIALIST (via telephone: Good morning, Carol. Thanks for having me. COSTELLO: Oh, thanks for being here, because this is a real concern. This lawsuit claims Six Flags replaced a limit switch for a restraint in the seat in the very car in which Esparza was riding. Can you explain what that means?

MARTIN: Well, basically it means a switch that indicates the lap bar is closed went bad, shorted out or whatever. You have to remember, these rollercoaster cars are exposed to the elements. Things get wet. They rust. Just like, you know, things you have around the home. You know, they need maintenance from time to time.

COSTELLO: But they replaced the switch on that very car where Esparza was thrown out. I mean does the family have a point?

MARTIN: Well, you know, there are probably many facets to this investigation that have yet to have been released. And the interesting thing about that is, there's no law in Texas that says they have to release it, except maybe under court order. And the civil suit will most likely determine, you know, what will be released and what will not be released. But it's not uncommon to do routine maintenance on roller coasters like this.

COSTELLO: Well, coupled with that, though, a witness did say that Esparza complained to an attendant before the ride took off that she didn't feel safe. I mean that adds something to the mix, doesn't it?

MARTIN: Oh, it definitely does. And that's when it comes down to the individual rider. Despite the years of training and experience I have as an inspector, you, as the rollercoaster rider or the rider on any amusement ride, you indeed are the last inspector. You have to feel comfortable with that particular ride. You have to say, hey, is this something I want my body to do, and, at the same time, can I sit comfortably inside the carrier that's supposed to hold me in and keep me safe?

COSTELLO: That's right, because some people say that she was - she was just too big to be - to be taking part in that particular ride. The lawsuit also alleges that Six Flags is making more and more dangerous coasters for the sake of a thrill, you know, like this new Drop of Doom ride. Have you heard about that? It drops people 415 feet and then you fall down at, what, 95 miles per hour, something like that. Now, I know a lot of people who would love riding this thing. That's why we love rollercoasters. But will there come a point where rollercoasters become too much or too dangerous? Do they have a point?

MARTIN: Well, I think, Carol, what we're going to see in the future are more rides designed to fit a larger percentage of the population. Keeping in mind that the amusement ride industry rides thousands of people every hour on amusement rides. They take them out to the edge and they bring them back safely. So that, coupled with some of the particulars in this situation may, you know, restrict some riders, but then again it may open up opportunities for others.

COSTELLO: Kenneth Martin, thanks for your insight this morning. We appreciate it.

MARTIN: Thank you, Carol.

COSTELLO: Checking our top stories now at 35 minutes past the hour.

An incredible rescue in Lafayette, Colorado. Rescue crews struggled to save a man trapped in an overturned car after a swollen creek washed out a road. The man was OK. He was able to walk from the creek bank and, you know, he got on a stretcher and they took him into the - they got him into an ambulance and took him to the hospital. Boulder's office of emergency management is urging area residents to stay at home and off the roads.

Boston's Logan Airport is apologizing for holding a fire drill on the 12th anniversary of 9/11. The drill involved a plane and a nearby small fire which sent plumes of black smoke into the air. Dozens of people rode on Boston's Logan's - Boston Logan's FaceBook page to complain about the insensitivity and the timing of this drill.

Police in Florida say they are not filing charges, at least not yet, in a dispute involving George Zimmerman and his estranged wife and her father. Shellie Zimmerman has filed for divorce from the man found not guilty in the shooting death of Trayvon Martin.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: How she's feeling?

UNIDENTIFIED MALE: Are you feeling like a hundred million dollars, Shellie?

SHELLIE ZIMMERMAN: (INAUDIBLE).

UNIDENTIFIED MALE: No, she's not feeling that great, but she's strong and she'll be OK.

UNIDENTIFIED FEMALE: (INAUDIBLE). How are you going to move on with your life? (INAUDIBLE).

UNIDENTIFIED MALE: Do you want to answer how you're doing to move on with your life or are you not ready for that today?

ZIMMERMAN: I'm not ready.

UNIDENTIFIED MALE: Give (ph) me your hand. Let's go.

(END VIDEO CLIP)

COSTELLO: Police say they're trying to recover a possible recording of this week's dispute from an iPad that was broken in the argument.

Officials in Canada say they now know why flames spread so quickly in that deadly train crash in Quebec. Forty-seven people were killed in the July 6th explosion and fire. Investigators say documents incorrectly described fuel in the tanker cars as being less volatile than it actually was. They aren't sure if the error was deliberate. The investigation is ongoing. Yet another twist in the crisis in Syria. Today, Bashar al Assad is confirming he will hand over his chemical weapons. That's according to an interview with the Russian TV channel. Now, Assad is giving all the credit to Russia for his decision, not to the United States. David Kay is the former chief weapons inspector in Iraq. He joins me now from Washington.

Welcome.

DAVID KAY, FMR. CHIEF WEAPONS INSPECTOR IN IRAQ: Good morning, Carol.

COSTELLO: So, Assad said he will hand over all of his chemical weapons. Should we believe him?

KAY: We should verify. Belief is not something that I think you want to have in this process. You go ahead, but you - I mean it's a play on the Ronald Reagan saying, although in this case I wouldn't use the word "trust." It's important to verify.

COSTELLO: Important to verify. So Russia, of course, believes Assad and Russia is now negotiating with the United States over some sort of deal to resolve this crisis. Russia says the United States should take the threat of force off the table. The United States wants the threat of force to remain. Should it? Even in light of this statement from Bashar al Assad?

KAY: Look, it was terribly important in Iraq in 1991 that in the basic resolution authorizing the inspection, which the Iraqis agreed to, and initially even cooperated with a little bit, that there was always a threat of Chapter 7 action under the Security Council if, in fact, they stopped cooperating, as they did at several times. I think it's an important element of a verifiable inspection regime with a country that has used chemical weapons.

COSTELLO: Another interesting development today. We're finding out that the CIA, the American CIA, is arming some rebels within Syria. Can you just help us understand that?

KAY: Well, you know, this is what makes the situation so complex. It's not just a government that's a rogue government with weapons of mass destruction. It's a government that's engaged in a civil war with, I don't know whether you say one faction, actually it's multiple factions, in the rebel movement. And countries are taking sides. The Iranians and the Russians have been supporting with weapons, and in the Iranian case with actual fighters. Assad, the Arab countries have been providing arms from the very beginning to some of the rebels. The U.S. has talked about aid, mostly humanitarian aid, and has finally started arming hopefully the right elements, the more moderate elements, of the rebel movement. That's why it's going to be very hard for the inspectors to proceed in this situation, because it's hard to see that it's in anyone's interest to have a cease fire in place.

COSTELLO: Well, going back to the idea that the Americans are arming the rebels, because I'm sure you've read Vladimir Putin's op-ed in "The New York Times" this morning. And he still claims in that op-ed that the rebels could well be responsible for the use of chemical weapons within Syria. So the two sides are negotiating now. Doesn't that throw a wrench into things?

KAY: Well, look, there is many things in that op-ed, it's patronizing, arrogant tone, misstatements with regard to both the U.S. policy and Russian policy. I think what you've got - it's important to do right now is not get hung up on that. Leave it aside and see if you can negotiate an agreement that you're happy with, you believe provides the framework for verification. The important thing is to get those chemical weapons off the battle field and ultimately to destroy them. I can take a lot of insults as long as you're moving towards a goal that you agree is important.

COSTELLO: But why would Vladimir Putin choose to write that op-ed at this particular time? Is it just to poke the United States? Is it to shame the president? Why?

KAY: Carol, if I could get confidently inside the head of Vladimir Putin, I probably wouldn't be sitting here with you this morning. I think we have a lot of theories. My personal theory is that it's a bit of - it's an opportunity. He has been terribly patronizing toward others. We're not the first that he's dumped this on. I really, you know, here again, I would urge, keep your eye on the objective. The objective is to find a way to get rid of these chemical weapons and not have to take unilateral military action.

COSTELLO: David Kay, former chief weapons inspector in Iraq, thank you so much for joining us this morning.

KAY: Thank you.

COSTELLO: Still to come in the NEWSROOM, Prince William changing jobs. We'll tell you what the air force pilot will now do when he leaves the cockpit. We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: Prince William coming in for his final landing. After nearly eight years of military service, the man likely to become king of England is leaving the Royal Air Force. Kensington Palace made the announcement just about three hours ago. The prince and new dad is leaving his post as a search-and-rescue pilot to work with his charities. Joining me now from London is our royal correspondent Max Foster.

Tell us more, Max.

MAX FOSTER, CNN ROYAL CORRESPONDENT: Well, Carol, it's interesting. We knew he was going to make some announcement because he was coming to the end of his tour of duty, but we didn't think he was actually going to leave the military all together. That's what he's done. The question is, is he a full-time royal effectively now? Well, he will be for the next year, but he's still keeping the option open to take up a job next year, a public service job of some sort, but it won't be in the military.

Really, this is a lot to do with the lady who lives behind me, the queen, who's elderly, she's stepping back a bit, more pressure on Charles and William, the princes, to do more and to step up and do more public work. But William doesn't want to rush into it. He wants to have a proper life before he does all of that.

It also comes at a time, of course, when Prince George has been born. So I think maybe he just wants to spend some time with him in his first year as well, Carol.

COSTELLO: That seems quite reasonable to me. And, by the way, where are the royal -- where is the royal couple now?

FOSTER: Well, they are in London and there's a very big glittering affair tonight. A red carpet event for one of William's charities, Tusk Trust, and it's the first time we're going to see Kate out properly since she had George. And she's going to be wearing a dress and jewelry, so everyone's very excited about that. It's going to be a very glamorous affair. And that's all playing into a documentary that we're showing on Sunday night here on CNN. We'll have some exclusive, behind-the-scenes footage of the very glamorous Duchess of Cambridge.

COSTELLO: Oh I can't wait. Because I have to admit, I love Kate and I'm sure she'll look beautiful in her dress. I'm positive of it.

Max Foster thanks so much. And we look forward to the documentary.

Here's what's all new in the next hour of NEWSROOM. A newlywed accused of pushing her husband off a cliff eight days after their wedding.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There's always an annulment there was always a divorce.

UNIDENTIFIED MALE: I knew right then and there's something was not right.

(END VIDEO CLIP)

COSTELLO: Incredible new details. How prosecutors said she tried to cover up the whole thing.

Also, the people's Pope shaking things up again.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I think perception is everything. And the perception of the papacy has changed with Francis.

(END VIDEO CLIP)

COSTELLO: Is the Vatican ready to reconsider its position on celibacy? That's all new in the next hour of CNN NEWSROOM.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Don't let the holidays sneak up on you. Shop early with K-Mart free layaway and even shop your way, member priced item can be put on layaway. K-Mart -- get in, get more Christmas.

(END VIDEO CLIP)

COSTELLO: Can you believe that? Yes. This takes Christmas creep to a whole new level. That was an actual K-Mart ad and it will start running immediately. And you saw the Gingerbread Man sneaking up on the woman more than 100 days before Christmas.

CNN's Alison Kosik is at the New York Stock Exchange. And I guess K- Mart is not alone with this early Christmas kind of thing.

ALISON KOSIK, CNN BUSINESS CORRESTPONDENT: Oh no, no. Everybody seems to -- seeming to jump on the bandwagon here to have Christmas in September. Why not just bypass Thanksgiving and Halloween altogether? And as you said K-Mart holiday ads began airing this week. A lot of ironies with this Carol. You know kids here on the East Coast they only just started school, their first week of school. We usually don't see these commercials start at least -- at least until October. Some people even went on K-Mart's Facebook page to complain but K-Mart said, look, be K-Mart smart.

Setting your holiday budget in September it's smart to stick to it, you know being frugal requires planning ahead. I think this is really, really getting a little indulgent with that. You know what K- Mart is trying to do is push their layaway program. Because the idea with that is people can shop early, they could spread out their payments even longer.

And as you said, they are not the only ones. Look at Wal-Mart. They unveiled their top toy lists to today. You may recognize some of these oldies -- Furbies, Hot Wheels.

COSTELLO: Furbies?

KOSIK: Furbies back, we're back. You know -- that we're laughing though, this is a serious matter for these retailers Carol. There's a lot at stake. Americans spent $580 billion last holiday season and retailers remember they make the bulk of their annual profits in November and December. Now they are trying to squeeze on over to September, too, apparently, Carol.

COSTELLO: I only know one person who shops that early and that would be my mother. She's done.

KOSIK: That's -- that's good for her. But you know what Hanukah is actually before Thanksgiving this year. So no one has really noticed that yet. But I had -- I noticed that.

COSTELLO: Yes. For something -- I'll go out right now. Thank you, Alison, I appreciate it.

Anthony Weiner as you likely know by now, he left his New York mayoral campaign as gracefully as he entered it, flipping the bird to an NBC reporter from behind the tinted windows of his car after voters of New York decided he might not be the best choice to lead the nation's largest city.

Well Anthony Weiner's sordid story is not complete without a final word from the late-night circuit.

(BEGIN VIDEO CLIP)

DAVID LETTERMAN, TALK SHOW HOST: We got the top ten future plans of Anthony Weiner ready. Can I open the deal Paul?

UNIDENTIFIED MALE: That is open.

LETTERMAN: Number ten, spend more time disgracing his family.

Number six, just hang out.

Number five, honestly, does it matter?

Number four, restore dignity to the name Carlos Danger.

UNIDENTIFIED MALE: Carlos Danger, castle of love, ole.

LETTERMAN: And number one Anthony Weiner future plans keep making new friends. There we go.

(END VIDEO CLIP)

COSTELLO: I like the new biography streams from My Weiner. Thank you so much, David Letterman. I'm sorry. That was a funny one.

JOE CARTER, BLEACHER REPORT: Very good. Very good.

COSTELLO: Hey, Joe Carter.

CARTER: Hi, how are you?

COSTELLO: You're going to talk about the Jets. You have the Bleacher Report.

CARTER: Yes you know I've seen a lot of fantasy football names this year as "Carlos Danger". It's definitely (inaudible) -- anyhow, rough day for some New York sports fans yesterday. Derek Jeter saying that he's done for the season and the Jets backup quarterback, Mark Sanchez, could also be done. Now reports saying that he's got a few options because he got a torn labrum in his throwing shoulder. He could either have surgery now or he can call it a -- excuse me -- call it a season or at some point he can try to play this season because he is listed as the backup. And then he can have surgery at the end of the season.

So the feeling is whether he goes under -- under the knife now or he waits until the end of the season, the Jets are pretty much you know getting rid of him at the end of the year or sooner. Yankees short stop Derek Jeter the captain, he's definitely done we found that out yesterday. The Yankee has put him on the DL. It's for that same ankle injury he's been dealing with since last October. So the question when Jeter approached the media yesterday was is it time to call it a career?

(BEGIN VIDEO CLIP)

DEREK JETER, NEW YORK YANKEES: Why? Just because of an injury? No. Look man, people have had a lot of injuries throughout the course of their careers. I've been pretty fortunate to play what 21 professional years, I think it is and really only have one significant injury.

(END VIDEO CLIP)

CARTER: All right. This is a good story, Carol. Marlins rookie pitcher, Jose Fernandez started a bench clearing incident when he admired his first ever major league home run just a little too long there and then rounding third base he hocked a (inaudible) near Christian -- yes, obviously when he got to the home plate, the Reds catcher Brian McCann got in his face and then of course Johnson stormed over and then two teams cleared the benches.

Nothing happened beyond this and afterwards Fernandez, very proud of him, he took the high road. He said he was wrong. He said he was embarrassed by the situation. He said he was sorry and he won't do it again. I like it.

Ok. Trending this morning on bleacherreport.com, Lebron James and his high school girlfriend Savannah Brinson finally going to say the I dos this weekend. It's going to be a big bash, three-day bash, at the beautiful Grand Del Mar in San Diego. If you've never heard of this resort, look it up. Travel and Leisure said it's the number one resort in California.

A bunch of big stars are going to be there, Carol. Jay-Z, Beyonce, obviously several of his teammates, Pat Riley. You name it, it's going to be a star-studded affair none of us will get to go to but hopefully maybe we'll see the pictures afterwards.

That's your Bleacher Report update.

COSTELLO: Three-day affair, we should get one picture or two, right?

CARTER: Yes, one or two, hopefully.

COSTELLO: Joe Carter, thank you.

The next hour of CNN NEWSROOM after a break.

(COMMERCIAL BREAK)

COSTELLO: Good morning to you.

I'm Carol Costello. We begin this morning with breaking news out of Colorado. We are seeing some amazing video of a very scary and very dramatic rescue. This happened just south of Boulder. Take a look. Just last hour, CNN affiliate KCNC was on the scene as rescue workers risk their lives to free this man from his overturned car. All while that fast-moving water threatened to carry them all into the more deadly rushing flood waters.

I'm going to stop now so you can watch the entire rescue as it played out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: All right. Thank you. Not a problem.

UNIDENTIFIED MALE: All right. We'll stay right here.

UNIDENTIFIED MALE: Yes. I should have a PIO from state patrol here shortly.

UNIDENTIFIED MALE: State patrol?

UNIDENTIFIED MALE: Yes.

And yes.

UNIDENTIFIED MALE: All get washed up, the bridge washed out. That's what it looks like.

UNIDENTIFIED MALE: Yes. I mean you can see the culvert that used to go under the bridge there. But, yes, better hold the camera.

UNIDENTIFIED MALE: Thank you, sir.