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Flights Canceled Nationwide; Tech Giants Pushing Back against NSA; Hundreds Gather at Mandela's Home; College Football Goes to Finals; Newlywed Murder Trial Begins Today; Teens Charged in Friend's DUI Death

Aired December 09, 2013 - 09:00   ET

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

JOHN BERMAN, CNN ANCHOR: Very messy commute in the mid-Atlantic states and the northeast.

This is a live look from the White House. Federal buildings in Washington will open two hours late today because of the weather. On the roads, heavy snow and ice have led to downright treacherous conditions. At least 50 crashes reported yesterday along this five- mile stretch of I-94 between Chicago and Milwaukee, 50 crashes. In Yonkers, New York, police say 30 people were injured in a 24-plus car pile-up on the Bronx River Parkway last night.

That's an unbelievable shot right there. And as for unbelievable take a look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Oh, my god.

(END VIDEO CLIP)

BERMAN: Oh, my. That's sheets of ice cascading down from buildings, crashing onto cars in the Dallas area. That will leave a mark, folks.

In Philadelphia, Philadelphia really got it, too, setting a daily record with more than eight inches of snow. What a football game it was, too, didn't stop the Philadelphia Eagles from defeating the Detroit Lions with the help of some crews there on the field to clear things up.

The weather has been blamed for more than 3700 canceled flights. Talk about frustration. About 1100 of those flights planned for today.

Ed Lavandera is at Dallas-Ft. Worth International Airport where it has been a frustrating couple of days and hundreds of travelers, Ed, spent the night.

ED LAVANDERA, CNN CORRESPONDENT: Yes, there have been enough people sleeping here in the terminals of DFW International Airport to populate a small Texas town. Four thousand people Friday night, that was down to 650 last night, and they're hoping, they're hoping that things start turning around today.

(BEGIN VIDEOTAPE)

JAMES ARCHIBALD, TRAVELER: This is day four, Dallas-Ft. Worth International Airport. Times are getting desperate.

LAVANDERA (voice-over): Growing frustrations for thousands of passengers after being stranded at the Dallas-Ft. Worth International Airport since Friday. James Archibald of Canada is one of them.

ARCHIBALD: I just don't understand why they can't get the ice off the runway. You know, I'm from Canada. We've got four, five feet of snow on the runway, boom, plows go by. I know it's for our own safety but it's getting a bit silly.

LAVANDERA: Mr. Archibald is posting video updates on YouTube chronicling his misadventure in north Texas. As he waits out the weather, he's amusing himself by interviewing other travelers stuck at the gates.

UNIDENTIFIED MALE: I'm going home. I don't like this place.

ARCHIBALD: Oh you mean this isn't your home?

UNIDENTIFIED MALE: It is right now. They say home is where you lay your head down.

LAVANDERA: On Friday, nearly 700 flights or about 90 percent of the total were canceled, about 400 more on Sunday. These newlyweds were on their honeymoon and trying to get to Cancun, Mexico, when the ice storm grounded them. The couple from Tokyo, a long way from that beach front honeymoon, slept in chairs like so many others. Some were lucky enough to get cots.

The cancellations continued through the weekend while airport workers provided some food and drinks to travelers. They also brought in jugglers, illustrators and balloon artists but that was little relief for some.

ARCHIBALD: Have you showered in four days?

UNIDENTIFIED FEMALE: No.

LAVANDERA: The temperature was above freezing at the airport for about five hours on Sunday, that helped crews clear ice from the runways.

(END VIDEOTAPE)

LAVANDERA: And we're told by DFW airport officials this morning that four out of the seven runways are functional here at DFW airport, up from the worst point only two and we're told because of those four runways are now operational, that they can handle full capacity flight schedules so check in with your airlines as you move through, because a lot of the flights heading from here to the East Coast obviously today will have many problems so check in with your airlines before you start moving around in the airport and you can avoid sleeping here tonight -- John. BERMAN: Some great advice, Ed Lavandera, in Dallas. Thanks to you. Thanks to everyone watching us in airports around the country today. We know there are a lot of you and we hope you can get to those showers soon.

Some businesses to tell you about. They're among the biggest names in the tech world and today Yahoo, Google and Facebook and others are taking aim at how the NSA does business, demanding that the spy agency change its ways.

Alison Kosik in New York with an update on this.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: John, you know, these are a who's who of Wall Street, tech giants Apple, Google, Facebook, Microsoft, LinkedIn, Twitter and AOL. They're banding together; they put a letter this letter that they sent to President Obama and Congress and what they're looking to do is change the way that the government snoops on us while we're online and more specifically they're trying to limit the government's authority to collect information on us and eavesdrop.

Now they're not doing this out of the kindness of their hearts. The tech leaders say they're worried that if people won't use their technology because they don't trust it, that will hurt them in the long run.

Now just last week President Obama said that the NSA doesn't read people's e-mails. He said that the NSA does not listen in on phone calls but outside of our borders the president says the NSA is more aggressive.

But, John, you know, the idea of big brother keeping track of our activity online just not sitting well with these companies -- John.

BERMAN: So, Alison, here is the thing. I feel like Facebook and Google know more about me than my wife does. I mean, isn't it a little bit hypocritical for some of these companies to be talking about privacy issues?

KOSIK: If you asked me, I think it is a little bit of hypocrisy going on. You know, Google and Yahoo! they collect our information. It's really the bread and butter of their revenue is, you know, to collect our information, so they can put those ads strategically where they want them and here is a little more proof as to why there is -- this speaks of hypocrisy.

Last month Google actually agreed to pay $17 million to settle a lawsuit that it actually placed cookies on computers using Apple's Safari Web browser over a two-year period without getting authorization for it.

Now Google essentially was able to circumvent Safari privacy settings without users knowing or consenting to it.

Another offender, of course, is what you said, Facebook. Facebook collects more data than you can imagine. What's interesting is that "Consumer Reports" said that last year Facebook got a report every time that you visited a site with a Facebook "like" button even if you never clicked the "like" button. So it seems like the very companies that are kind of pointing fingers at the government are doing the very thing that they're accusing the government of. I think people in glass houses shouldn't throw stones.

BERMAN: Yes. Privacy clearly a relative term.

Alison Kosik, thanks so much. Appreciate it.

And the NSA's activities reportedly did not stop with e-mails or cell phones of foreign leaders. That's according to the "Guardian" and the "New York Times,: which say the agency also spied on video games like "World of Warcraft" and "Second Life". The reason? The agency feared that terrorists and other criminals would use the games to plot attacks.

The reports claim NSA agents went so far as to create make believe characters collecting data between other players. An NSA spokeswoman declined to comment to the "New York Times."

It's being called one of the largest gatherings of world leaders in Africa's history, really world history. Officials there are preparing to welcome some 91 current and 10 former heads of state for the memorial for Nelson Mandela.

Among them, President Obama, who along with First Lady Michelle Obama left Washington about an hour ago for South Africa. They're expected to arrive in Johannesburg early tomorrow morning.

Joining the Obamas will be former U.S. presidents Bill Clinton and George W. Bush. U.K. Prime Minister David Cameron and U.N. Secretary General Ban Ki-Moon among scores and scores of other dignitaries.

Errol Barnett in Johannesburg for us.

In tomorrow's official memorial service is taking place in what was called soccer city during the World Cup. This is a huge stadium, 90,000 plus seats. But given the interest and the crowds behind you right now, will even that be big enough to accommodate everybody?

ERROL BARNETT, CNN CORRESPONDENT: In a word, John, no, and that's why the government has facilitated three, count them three, overflow stadiums for people who want to attend Tuesday's memorial service, plus they'll be broadcasting the ceremony via livestream to 90 big screens set up all over the country.

And, John, I'm not sure how many university football games you've been to but what's happening around me now you could compare to a battle of the bands. Over my right shoulder there's a South African group, drumming and playing music. Over my left a shoulder there is an Nigerian group who's come here and outside Nelson Mandela's home where he passed away late Thursday evening to add to the euphoria and celebrations here, paying respects to a man who is credited for bringing this nation together, facilitating its first Democratic elections and of course becoming its first democratically elected president, first black president as well.

You mentioned the 91 heads of state coming, it truly is stunning when you look at not only Barack Obama, but a number of former presidents, George W. Bush, Jimmy Carter and Bill Clinton, as you've mentioned. But let's not forget the rest of the world is interested, Prince Charles will be on his way, the Brazilian president will be there, as will French president, the U.N. Secretary General and more.

As a way of facilitating this massive logistical challenge the government has deployed some 11,000 troops just to make sure that as the interest builds it's on the fourth of the 10 days of mourning people are still safe and there are no snags having so many VIPs in what they're calling the VIPs here in the country.

So tomorrow's event, the Tuesday memorial service which possibly could be attended by the U.S. president will be the first formal event, and that will be followed by Nelson Mandela's lying body lying in-state at the Union Building in Pretoria Wednesday through Friday.

Significant, John, because it was 20 years ago he was sworn in as president at that location. So a euphoric week for a country bidding farewell to a man they credit for really bringing people together.

BERMAN: Errol Barnett, with unshakable concentration in Johannesburg, the celebrations going on all around you. Really such a fitting tribute to Nelson Mandela. Thank you so much, Errol.

Other sports news, the BCS game, the title will go out with a bang. Florida State battling Auburn, Auburn wrapped up a worst to first season in the SEC. And Florida State capped an unbeaten regular season by taking the ACC championship.

Now in the Seminoles and Tigers tangle in Pasadena January 6th it will be the last college football crown decided before next season's playoff format begins finally.

Rachel Nichols joins me now to talk about all this.

Hey, Rachel.

RACHEL NICHOLS, CNN SPORTS ANCHOR: Absolutely. Well, the Ohio State Buckeyes saved everyone a lot of trouble. I know Ohio State fans aren't exactly going to feel the same way about this. But remember, going into the weekend, Florida State and Ohio State were the ones set up to play in the national championship game and that meant that Auburn, which has had this crazy miracle last month was going to be on the outside looking in.

We were going to have to brace ourselves for weeks of controversy. Well, guess what? Ohio State lost to Michigan State in the big 10 title game on Saturday night, bam. Auburn gets their spot, no more controversy. So we'll expect a quiet next few weeks and at least the people who did run the BCS system for the past 16 years can say hey, in our last hurrah, we at least do have number one versus number two playing against each other. I think everyone is really excited for this game. The only problem is we have to wait another month, as you said, they don't play until January 6th.

BERMAN: You know, with apologies to Ohio State, I think a lot of people think this is ending exactly the way it should with Florida state against Auburn.

Of course as the quarterback for Florida State, there is Jameis Winston, Heisman balloting ends today. Can anyone beat him?

NICHOLS: Well it doesn't officially close the balloting until the end of business today but I'm going to be like election night here on CNN. I'm just going to call it right now, I'm going to say Jameis Winston will win the Heisman Trophy. He's a red shirt freshman but he hasn't played like on the field he has been sensational.

So give us an idea of how he keyed the turnaround of that program when he does lead the Seminoles to the national title game next month it will be on his 20th birthday. The last time the Seminoles played in the national title game he was 5 years old so that is really a remarkable change for that program.

Now off the field, of course, it's been a much different story for the past month, Winston has been under investigation under sexual assault charges but toward the end of last week the district attorney announced he did not have enough evidence to charge Winston's side. He's maintained the whole time that he is not guilty of anything and with all of his legal issues now cleared up, you can expect they will be announcing his name for the Heisman Trophy this coming Saturday night.

BERMAN: Rachel Nichols, thank you for guaranteeing a Jameis Winston Heights." And you heard it right here on CNN. Appreciate it.

And of course you can all watch "UNGUARDED" with Rachel Nichols this Friday at 10:30 Eastern only on CNN.

And still to come for us, after only eight days of marriage, eight days a Montana woman is accused of shoving her husband off a mountain to his death. What her defense team is saying about the circumstances surrounding this strange case, coming up next.

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BERMAN: Checking top stories now:

Eleven more pilot whales have been found dead in Florida, that brings to 22 the number that have died in the last week there. Officials believe the whales are part of a pod of 51 whales stranded near Everglades National Park. Scientists are working to find out what's killing them.

Former San Diego Mayor Bob Filner is in court today to face sentencing for kissing and grabbing three women. Filner resigned from office after 19 women accused him of offensive behavior during his tenure as mayor and as a U.S. congressman. He's not expected to go to jail but he will be on probation for three years.

And fans of rival Brazilian soccer teams brawled in the middle of a match on Sunday. Look at this. This game was stopped for more than an hour as police fired tear gas into the stands at one point a helicopter landed on the field to take away an injured fan. Brazil is hosting next year's World Cup.

Jury selection begins in the murder trial of a Montana woman accused of shoving her husband off of a cliff. Jordan Graham and Cody Johnson had been married only eight days when prosecutors say Graham pushed him with both hands off of a cliff in Glacier National Park. The defense said it was not intentional, they say Graham was acting in self-defense after a heated argument.

CNN's Stephanie Elam picks up the story from there.

(BEGIN VIDEOTAPE)

STEPHANIE ELAM, CNN CORRESPONDENT (voice-over): What started as a wedding is now ending in a courtroom trial.

REPORTER: Did you kill Cody? Did you mean to push your husband off a cliff, Jordan?

ELAM: This morning, Jordan Linn Graham accused of killing her new husband will go on trial for murder. Federal prosecutors say that 22- year-old Graham deliberately shoved her 25-year-old husband Cody Johnson to his death off a cliff in Montana's Glacier National Park July 7th, just eight days after their wedding.

Friends of Cody Johnson say they noticed problems from the start.

CAMERON FREDRICKSON, FRIEND OF CODY JOHNSON: When they were exchanging vows, Jordan was looking down, and wasn't looking at Cody.

ELAM: Graham's attorneys are claiming it was an accident, saying the couple started arguing, and that when she tried to remove her husband's hand from her arm, he lost his balance. Investigators say she initially did not report the incident and was lying when she later told them that Johnson had driven away with friends.

She later admitted she was having second thoughts about the marriage, but she has pleaded not guilty to murder and to making a false statement.

But other explosive charges in this case have drawn national attention. Prosecutors are saying they have evidence Jordan may have blindfolded her husband before pushing him, while Graham's attorneys are claiming prosecutorial misconduct, using confusing interrogation techniques and claiming inappropriate touching during Graham's polygraph testing.

The FBI agent denies the claim.

Whatever the outcome of the trial, Cody's friends have already made up their mind. MAXIMO ROCHA, FRIEND OF CODY JOHNSON: He didn't deserve whatever ends she gave him.

ELAM: If convicted, Graham faces life in prison.

Stephanie Elam, CNN, Los Angeles.

(END VIDEOTAPE)

BERMAN: What a case that is.

Ahead for us, two teens charged in connection with a drunk driving death of one of their friends, but they were not behind the wheel. Why police chose to file charges, that's coming up right after the break.

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BERMAN: Two Connecticut teens have been charged in the drunk driving death of one of their friends. Police say the driver, 17-year-old Jane Modlesky, had a blood alcohol level of 0.27. That is three times the legal limit for an adult. Now, two of the girls who were riding with her have been charged with reckless endangerment for allowing her to drive drunk.

CNN's Pamela Brown is here with more.

Pamela, this is an unusual case.

PAMELA BROWN, CNN CORRESPONDENT: It really is.

And John, it draws into focus the issue of whether you can be held responsible for letting someone else get behind the wheel drunk. Now police in Glastonbury, Connecticut, say the teens knew their friend was drunk but still let her drive. They say that inaction cost their friend their life. Now they face misdemeanor charges for being an accessory to a crime.

(BEGIN VIDEOTAPE)

BROWN (voice-over): The 17-year-old Jane Modlesky was driving alone in Glastonbury, Connecticut in July when she crashed the SUV she was driving into a tree and was killed. Her blood alcohol according to police was 0.27, three times the legal adult limit. Now, two of four of the teenagers who were driving with Modlesky are being held accountable for allowing her to drive drunk.

AGENT JAMES KENNEDY, GLASTONBURY POLICE: These two juveniles knew that she was intoxicated, knew she shouldn't have been driving and allowed her to drive.

BROWN: Glastonbury police say the two teens were the last to get out of the car, leaving Modlesky to get behind the wheel and drive herself off. She drove only half a mile before crashing. After a thorough investigation, police arrested the teens this month and charged them with reckless endanger. KENNEDY: There are so many things that can be done, worried about getting in trouble for sneaking out. Is that really that important?

BROWN: The arrest sent shock waves through the Glastonbury community still shaken up by the tragedy.

On a Facebook page, remembering Modlesky, one friend recently wrote, "Today brought me and many others I'm sure right back to the week you left us." The case is once again raising questions about moral obligation versus legal responsibility.

PAUL CALLAN, CNN LEGAL ANALYST: We expect adults to act with a certain degree of judgment and reasonableness. But when somebody is 16-years-old, it's sort of hard to place the kind of criminal responsibility on them that we would place on an adult who handed keys to a drunken driver.

(END VIDEOTAPE)

BROWN: And legal expert Paul Callan who you just heard there, also said in the past, adults and bartenders have been prosecuted for letting people drive drunk but it's extremely rare, John, as you point out earlier, for people this young to be prosecuted for something like this, and it's likely going to send a strong message about underage drinking.

And, John, meantime, the two teens will appear in court later this month. We will be following this story.

BERMAN: Yes. But I've never heard anything like this. It will be interesting to see if teens stand up and take notice. Pamela Brown, thank you so much. Appreciate it.

Still to come for us next, if you are one of AMC movie theater's biggest fans, membership definitely has its privileges. Alison Kosik tells you why -- Alison.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: John, why don't you come with me to the movie theater lobby, grab popcorn and stock, yes you heard, AMS Theaters says it will make it that easy to buy stock in the soon to be public company. Those details are coming up.

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