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Texans Head Coach Gary Kubiak in Stable Condition; Supreme Court to Look at Government-led Prayers; SNL Tackles Lack of Female Black Cast Members; Another Cirque du Soleil Fall; NYC Marathon One Year After Sandy
Aired November 04, 2013 - 10:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ED LAVANDERA, CNN CORRESPONDENT: And Carol, just moments before Kubiak went down, team executives said that he was feeling dizzy and lightheaded and has spent most of the night undergoing a series of tests and evaluations. And hopefully we'll get an update from the Houston Texans at some time today of just what Gary Kubiak's condition is going forward -- Carol.
CAROL COSTELLO, CNN ANCHOR: I hope it's nothing serious. Ed Lavandera, reporting live from Houston this morning.
Checking other "Top Stories" this morning at 30 minutes past.
In his manifesto for truth, NSA leaker Edward Snowden claims the NSA and its British counterpart are among the worst offenders of mass surveillance. Snowden, who is in Moscow on temporary asylum, says he has ignited a global debate on the government spying and the privacy we take for granted.
There are new chilling details on Paul Ciancia, the man accused of Friday's deadly shooting rampage at Los Angeles International Airport. A woman who knows him and his three roommates spoke exclusively to CNN. She said the troubled Ciancia, already reclusive and socially awkward, had a simmering hatred at TSA until the agency had abused its power.
A church bus driver was killed in a crash last night in Indianapolis. Police say a van ran a red light slamming into the bus carrying almost 20 people, 14 of those were children. All expected to be OK. Police think alcohol may have been a factor.
Maine's gubernatorial candidate Mike Michaud came out as gay this morning. In an editorial published in some of the state's largest newspaper, the Democratic candidate said he was aware of whisper campaigns about his personal life and that coming out was not a big deal. He says it's just part of who he is and has nothing to do with his ability to lead Maine.
Black Friday and Cyber Monday, they're usually two of the best days for you to get your hands on those crazy holiday discounts. Oh but this year, you'll be seeing those kinds of savings right now, like as in right now. Alison Kosik is at the New York Stock Exchange to tell us more. Good morning. ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Yes, right now with Wal- Mart, Wal-Mart actually moving forward deals that were originally reserved for Black Friday. These deals include the iPad mini, the Dyson vacuum both going for $299, Soda Stream, a popular item, going for $59. Amazon already has its, quote, "Black Friday deal store" up, which means there's a link there available on the page already. JC Penny and Macy's they are upping the ante as well. Thursday they're going to open their doors on Thanksgiving night for the very first time. It's always a contentious topic opening early on Thanksgiving.
Some people say, hey, let shoppers get started early. Others say, hey, what about the employees who missed their family dinners? But you know it's the stores that kind of giving out what it's giving out what the customers want and giving the options for people to come and shop -- Carol.
COSTELLO: Is this what the customers want?
KOSIK: You know what you look at Thanksgiving. It's starting late this year, so there is a shorter time period between, you know, Turkey day and Christmas. So losing those days cannot only, you know, shorten the time that we can go shopping, it can also costs retailers a lot. So they really want to get started early. And you know a lot of shopper they really do like to get out there and get their shopping done early. You know as I said it's just a matter of the stores giving people what they want.
As the stocks, take a look at stocks starting in the green column today in the plus column-- the Dow up modestly about 20 points. We got our eye on shares on Blackberry, Blackberry is plunging almost 12 percent right now. The company said it's abandoning a search for a buyer. And this is kind of living a lot of traders scratching their head today. It's surprising because many believe a sale was the best way for Blackberry to stay afloat -- investors obviously not buying into it. Once again, Blackberry shares tumbling 20 percent -- Carol.
COSTELLO: All right, Alison Kosik reporting live from the New York Stock Exchange.
Still to come: religion, prayer and the public square specifically at government meetings. Should it be allowed? I'll talk to two men with varying different opinions about that after the break.
(COMMERCIAL BREAK)
COSTELLO: In federal and state offices across our nation, scenes like this happen daily.
(BEGIN VIDEO CLIP)
BARRY BLACK, SENATE CHAPLAIN: Let us pray. Sovereign God, creator and sustainer of us all --
(END VIDEO CLIP)
COSTELLO: That's Senate Chaplain Barry Black opening a session of the chamber last month. And while some say this is a tradition that dates back to our nation's founding, others say it could be discriminatory. The U.S. Supreme Court will take up that issue on Wednesday.
Joining me now to discuss: Jeff Mateer, who is general Counsel for the Liberty Institute, and Eric Segall, law professor at Georgia State. Good morning to you both.
ERIC SEGALL, LAW PROFESSOR, GEORGIA STATE UNIVERSITY: Good morning.
COSTELLO: Good morning. OK, so.
JEFF MATEER, COUNSEL LIBERTY INSTITUTE: Good morning.
COSTELLO: Good morning. Eric, I want to start with you. So the U.S. Supreme Court is going to take up this issue. What will it -- what must it decide?
SEGALL: It has to decide whether the town of Greece, New York, which for eight years in a row had only Christian prayers at its city counsel meetings violated the Constitution by having those government- led prayers at a city council meeting where many citizens have to go to do their business.
COSTELLO: OK, so Jeff, why is the U.S. Supreme Court deciding this now? I mean, we've been doing this since the beginning of time, right?
MATEER: Yes. This is a tradition that dates back 225 years. We've been opening our government meetings with prayer you know and the question the court is really presented with is, Americans today, do they have the same rights as the founders? And unfortunately the Supreme Court 30 years ago decided a case where it upheld the constitutionality of legislative prayer, but circuit courts in the past two years have got it wrong. So the case is now back in front of the court.
SEGALL: Well if I may, the supreme -- slavery used to be legal, segregation used to be legal, discrimination against women used to be legal. As our society gets more pluralistic and more diverse, judges all over the country are realizing that when small towns have overtly Christian prayers for many, many years, that has an effect on non- believers. And there's a way to solve this problem very easily -- have a moment of silence; then people can pray to whomever they want, whether they want to or not. And no one is offended and I'm for people praying if they want to. But they shouldn't be led by the government in that prayer.
COSTELLO: Jeff, your thoughts?
MATEER: Well yes. What the government shouldn't be doing is censoring people. The government shouldn't be dictating what people say or shouldn't say. And so if you have a neutral policy if you have a policy that selects neutral speakers and it's neutral, then the government shouldn't be about composing prayers, it shouldn't be telling people what they should pray.
SEGALL: I agree. That's why a moment of silence is the answer.
COSTELLO: (inaudible) Eric let me lay this by you right? So let's say there's a diversity of prayer offered in city council meetings. Let's say somebody who is Muslim will go up there and offer a prayer from the Quran. Isn't that fair?
SEGALL: There are -- there are several problems with that. First of all in this case, there was not diversity of prayer. Eight years in a row every single prayer was Christian.
Then a lawsuit was filed. Then there were a few non-Christian prayers. And guess what when the trial court closed the evidence, at that moment in time they went back to Christian prayers.
Two, somebody has to decide how much diversity is enough. We don't want judges doing that and I would ask everybody what does a prayer do that a moment of silence doesn't do? Let's all -- let's all take a moment of silence to make sure this proceeding is serious and solemn. And you can pray or no pray wherever you want. Why add the religious opponent to it?
COSTELLO: Well and Jeff I'll ask you -- this is the last question I want to ask you, it's kind of a delicate question. Why open any legislative meeting with a prayer anyway? What is the purpose?
MATEER: Well the purpose is to solemnize the proceedings. And the Supreme Court have said repeatedly that that's OK. And so, if you have a policy that the selection of the speaker is neutral, it's not up to the government to tell them what to pray. They can pray whatever they want. They can say whatever they want.
SEGALL: Eight years.
COSTELLO: We're going to have to wrap this up. Because we could argue this up --
MATEER: A community that was overwhelming Christians.
SEGALL: There you have it.
COSTELLO: We'll have to leave it there. We'll see what the U.S. Supreme Court decides if it's like lets it out Wednesday which I doubt. At least we'll be considering the question. Jeff Mateer with the Liberty Institute and Eric Segall with Georgia State University -- thanks to you both.
Still to come in the NEWSROOM, "Saturday Night Live" takes on its critics and pokes fun at itself in the process over the lack of black women comedians on its own show. There's more for you next.
(COMMERCIAL BREAK)
COSTELLO: Checking our top stories at 45 minutes past the hour.
High winds and rough waves were so bad in Seattle police had to close a bridge. At one point the wind was so strong the concrete bridge was swaying back and forth. Authorities even told drivers to abandon their cars and get off the bridge.
Cleveland kidnap survivor Michelle Knight will be on the "Dr. Phil Show". She'll be talking about all those horrible years locked up in the home of Ariel Castro.
(BEGIN VIDEO CLIP)
DR. PHIL MCGRAW, "DR. PHIL SHOW": Did you have any idea when you walked through that front door that it would be 11 years before you would walk back out it?
MICHELLE KNIGHT, KIDNAP VICTIM: I picked the lock and I tried to escape. And he says now you're going to be punished.
(END VIDEO CLIP)
COSTELLO: Castro had been serving a life sentence for kidnapping Knight and two other women but he was found hanging in his cell back in September.
Houston Texans head coach Gary Kubiak is conscious and in stable condition after collapsing on the field during last night Texans- Indianapolis game. The Texans say Kubiak did not have a heart attack and he's undergoing tests at that Houston hospital.
More than a billion dollars in stolen art has been discovered in Germany following a raid. The magazine "Focus" reports the art was looted by the Nazis back in World War II. The treasure trove included masterpieces by the like of Picasso. German authorities are not yet confirming or denying the find.
Honda is recalling about 344,000 Odyssey minivans due to a sensor problem. It caused a vehicle to break on its own. The recall includes minivans from the 2007 and 2008 model years. Honda says there have been no crashes or injuries because of the sensor. Until replacement sensors are available though and they won't be available until next spring, Honda is offering guidance to drivers on dealing with the issue. Hint, tap your brakes.
"Saturday Night Live" went there. Kerry Washington took on the lack of black comedians on SNL and won.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I'm sorry to interrupt. Oprah Winfrey has arrived for the dinner and she would love to pop in and say hello.
UNIDENTIFIED MALE: That's wonderful.
KERRY WASHINGTON, actress: What a nice surprise.
UNIDENTIFIED MALE: Isn't it? Don't you think you should go and get changed?
WASHINGTON: Why?
UNIDENTIFIED MALE: So that Oprah can come in.
WASHINGTON: Oh. Because of the whole --
UNIDENTIFIED MALE: Yes, exactly.
WASHINGTON: And Keenan won't?
UNIDENTIFIED MALE: Nope.
WASHINGTON: Well, in that case, I will leave and in a few minutes Oprah will be here.
UNIDENTIFIED MALE: Thank you, Mrs. Obama.
UNIDENTIFIED MALE: The producers at "Saturday Night Live" would like to apologize to Kerry Washington for the number of black women she will be asked to play. We made these requests both because Miss Washington is an actress of considerable range and talent and also because SNL does not currently have a black woman in the cast. As for the latter reason, we agree that this is not an ideal situation and look forward to rectifying this in the near future. Unless, of course, we fall in love with another white guy first.
WASHINGTON: I'm here.
(END VIDEO CLIP)
COSTELLO: She was so funny. CNN entertainment correspondent Nischelle Turner is here to talk about this. I have to say though, funny skits are one thing but actually hiring African-American female comedians is another thing. Did any of it matter?
NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: Well, that's a good question -- Carol. I'm not really sure that we have the answer to that. You know, hopefully they will take heed and listen to their own lampooning and find someone.
But you know, I really want to be clear here, and I know that they wouldn't just go willy-nilly. But I hope they go out and get someone really funny first. Not just someone to placate the critics. You know, get someone that can really do a great job on the show. And it can be done, because there are a number of very funny African-American female comedians that are working today.
You know what I thought was really interesting about this skit though as it went on -- not only did they have Kerry Washington playing every black woman in pop culture that they could find in one skit, they also showed just how many white males they have on the cast and the disparity. Because they had six Matthew McConaugheys come in all at once.
It was very funny but it also drove home the point of the lack of diversity on the cast.
COSTELLO: Something else I noticed on the show. They did a lot of skits with black characters and they don't do that every week on "Saturday Night Live".
TURNER: Well they don't have a black host every week on "Saturday Night Live".
COSTELLO: I know but it was really.
TURNER: in fact, they've only eight women in 39 years. I thought it was an opportunity that they took and I thought they should have taken the opportunity. All week there was a question, what would "Saturday Night Live" do? Would they address the situation, you know, head on. The show is designed to lampoon and to make fun of the kind of the water cooler and hot topic of the week. They just so happened to be that hot topic of the week.
So it made sense that they had to make fun of themselves and they did. And I think they took advantage of the situation.
COSTELLO: Well -- hopefully something --
TURNER: But it also showed you just how funny -- I'm sorry Carol -- but it also showed you just how funny skits with African-American characters can be.
COSTELLO: I laughed. I thought she was great, too. She was terrific, Kerry Washington. It's sad they can't hire her. But she's got that hit show thing going-- yes.
TURNER: And she's got a baby bump that's growing. I was checking that out. She's a little busy.
COSTELLO: Nischelle Turner, thanks so much.
TURNER: Sure, dear.
COSTELLO: There has been another terrifying fall at Cirque du Soleil. The Las Vegas show is facing several work safety citations just last week following the tragic death of an acrobat in June. And now another performer is in the hospital after slipping from one of the show's high flying stunts, that one -- it's called the Wheel of Death.
CNN's Christine Romans has more on this story now. Good morning.
(BEGIN VIDEO CLIP)
CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: It's the high- flying acrobatics that drew theater lovers to the Cirque du Soleil stage. Performances like Zarcana's Wheel of Death at the Aria resort in Las Vegas.
But on Friday night, one performer came terrifyingly close to that fate, at times flying 40 feet above the stage -- like in this video -- maneuvering into and out of the revolving wheel with no harness or safety mat. A veteran acrobat slipped, falling off the wheel. The show's staff drew the curtains and transported the performer to the hospital before resuming their act. This accident just a painful reminder of the June incident of Cirque du Soleil's performance of "Ka" at Las Vegas' MGM Grand where a 31 year-old veteran acrobat and mother, Sarah Guillot-Guyard. Guyard was being hoisted nearly 100 feet in the air during the show's finale like in this photo seen here before a wire broke -- Guyard plummeting nearly 100 feet.
UNIDENTIFIED MALE: You could hear people crying and all the actors are basically looking down.
ROMANS: Just days before Friday's accident, the Nevada Occupational Safety and Health Administration proposed fines of more than $25,000 against Cirque du Soleil for safety violation in Guillot-Guyard's death. The agency also proposed $7,000 in fines against the casino.
UNIDENTIFIED FEMALE: I know first hand that Cirque du Soleil takes every possible precaution to make sure that the artists are safe and that there are safe measures backstage.
ROMANS: Both companies defend their safety procedures and said they will appeal the fines.
(END VIDEO CLIP)
COSTELLO: Christine Romans, reporting. Still to come in the NEWSROOM, 1,500 cameras, bomb sniffing dogs, even scuba divers -- more on the massive security measures taken to keep everyone safe at the New York City Marathon.
COSTELLO: Record numbers at the New York City Marathon this weekend. Tens of thousands of competitors woke up early to pound the pavement for yesterday's race. Kenyans took the top spot in the men and women's division. And a Grand Slam Title for American wheelchair competitor Tatyana McFadden. It was her fourth marathon win this year alone.
Along the course race officials beefed up security in the aftermath of the Boston marathon bombings. More than 1,500 cameras were placed along the route, bomb sniffing dogs and scuba divers were also in place to scan bridges and shorelines.
26.2 miles seems like an impossible distance to run by most people's standards. But for many competitors, Sunday's race was a chance to compete in the marathon that they did not get to run last year. One year ago Superstorm Sandy ripped apart cross the city forcing the famed race to be canceled.
Tom Foreman shows us in this American Journey, some runners hit the road for more than just the thrill of the race.
(BEGIN VIDEO CLIP)
TOM FOREMAN, CNN CORRESPONDENT: On the streets of Baltimore, Corinna Christianson spent months preparing for the New York City Marathon. Adding up the miles and pushing down the memories of what happened to her home town. CORINNA CHRISTIANSON: I had cousins in Long Island with four feet of water in their house.
FOREMAN: Last year when Sandy washed over the city it swept away the great race. City officials tried valiantly to run it as schedules but the massive property loss and human suffering proved too much.
UNIDENTIFIED FEMALE: The best way to help New York City at this time is to say that we will not be conducting the 2012 ING New York City Marathon.
FOREMAN: Now its return is being heralded as symbolic of the city itself. Back are 48,000 runners pouring more than $300 million into the economy.
UNIDENTIFIED MALE: It's important this year because of what happened last year.
FOREMAN: Back are the elite athletes like Olympian Meb Keflezighi. In 2009, he became the first American to win New York in more than two decades. And he's brought some perspective.
UNIDENTIFIED MALE: You know, Winning is not about first place. It's about getting the best out of yourself.
FOREMAN: Back, too, are the millions raised for charity. Even with the cancellation last year runners raised more than $30 million for groups like Back on My Feet -- which helps the homeless.
Corinna is running for them.
UNIDENTIFIED FEMALE: It shows the spirit of marathon and it's incredible what people can overcome.
FOREMAN: In short, that's what the marathon's return has been all about -- a whole city overcoming the worst and getting back to its best, one step at a time.
Tom Foreman, CNN.
(END VIDEO CLIP)
COSTELLO: Thank you for joining me today. I'm Carol Costello. "LEGAL VIEW" with Ashleigh Banfield starts now.
ASHLEIGH BANFIELD, CNN HOST: Toronto's mayor denying smoking crack but admitting to doing a lot of other stupid things. Now he's asking police to release that video that everyone has been talking about.
Also this hour, the disturbing chain of events in the hours before the bullets started flying in the terminal at LAX.
Plus the warning from the suspect's family that may have come just minutes too late.
And from mystery disappearance to miracle rescue, a student falls ten stories before getting wedged in a narrow shaft between his college dorm and a parking garage and he stays that way for 36 hours.
Hello, everyone. I'm Ashleigh Banfield. It is Monday, November 4th, welcome to "LEGAL VIEW".
Mistakes -- you bet.
Public drunkenness, sure.
