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New Execution Cocktail; Oscar Nominations; Violence in Iraq

Aired January 16, 2014 - 15:00   ET

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

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Operating a suspected vehicle used in the shooting homicide and may have been the shooter.

Now, Boston police at the time were asking for help from police in Bristol, Connecticut to search an SUV that was being used by Aaron Hernandez and to look for gun residue inside that vehicle that they discovered parked in a garage at Aaron Hernandez's uncle's house in Bristol, Connecticut.

And they also wanted to search at the same time a bag of clothing that was left at that house. This is all according to documents that were just unsealed. But the search warrant was actually executed back in June. At the time, police said they were looking for -- they wanted to examine a T-shirt, a baseball hat and a necklace worn by Aaron Hernandez and seen on video surveillance cameras at a nightclub on the same night that those double murders took place, those double homicides.

But, remember, Brooke, no one has been charged in this case. We do know from our official sources that Aaron Hernandez has been the subject of a grand jury investigation looking into that case.

BROOKE BALDWIN, CNN ANCHOR: Susan Candiotti continuing to follow the Aaron Hernandez case for us on CNN, Susan, appreciate it.

And we roll on. I'm Brooke Baldwin, top of the hour, a first in the series of executions right here in the United States, because just a short time ago, the state of Ohio executed this man. This is Dennis McGuire and he was convicted back in 1994 of raping and murdering a pregnant woman.

But McGuire died by a combination of drugs that has never, ever been used before in the U.S. And it wasn't painless, just like his lawyers had anticipated. We are told McGuire appeared to gasp loudly for air under these new drugs. He made several snorting or snoring sounds and then convulsed for roughly 10 minutes before dying.

Witnesses of his execution reportedly say deep rattling sounds also came from his mouth. Now the question, why use these new drugs? The usual lethal injection drugs are apparently not available anymore and so states are having to scramble just to find new drug protocols to execute these people.

CNN legal analyst former federal prosecutor Sunny Hostin joins me now. Sunny, I know that the U.S. Constitution has a ban against cruel and unusual punishments. McGuire's lawyers feared he would die painfully with this new drug cocktail. Was a law violated?

SUNNY HOSTIN, CNN LEGAL ANALYST: It's unclear.

His attorneys argued unsuccessfully that this would be unconstitutional because it would be cruel and unusual, sort of an experiment using this two-drug cocktail and that he would possibly suffer from what they called air hunger, where someone is sort of gasping for breath. And I think we can all agree that that would be cruel and unusual, but again that argument was unsuccessful, because the government argued that while you are entitled to be protected from cruel and unusual punishment, an execution need not be pain-free.

And so I think the question is really up in the air as to whether or not this was unconstitutional.

BALDWIN: So, then thinking again, given that question to use your word experiment with this drug cocktail, would that mean then that the next person on death row might have a better chance of getting a delay considering the painful execution last night?

HOSTIN: I think it's unclear.

(CROSSTALK)

BALDWIN: Or this morning, rather.

HOSTIN: Yes, I think it's unclear, Brooke. I think whenever there is a change in the lethal injection process, clearly it's subject to legal proceedings and perhaps we will see those.

And I think that there is no question that lawyers that are representing people that are on death row certainly will use this case as an example of an execution gone bad. We know that it took longer, this execution, than any in Ohio since 1999.

But I have got to say the bottom line is that -- and I think my colleague and Jeff Toobin said it the best in some commentary he wrote for "The New Yorker" -- that just execution in and of itself is a grotesque procedure and while the Supreme Court has tried to make it more palatable, I don't know that any technology will make it less grotesque.

(CROSSTALK)

HOSTIN: Who knows. We know a lot of Americans don't support the death penalty anymore. There has been a change there. So we will see what this does today.

BALDWIN: Well said to Jeff Toobin and thank you, Sunny Hostin, very much.

We are following developments in the fast moving wildfire that is raging in Southern California, devouring homes near Los Angeles and now police have now detained three people. Take a look at the live pictures. Massive smoke and flames here through these different canyons, again, this is the Los Angeles area, Azusa, California.

Several schools are closed and mandatory evacuations under way. Right now, people living precariously close to some of the fire lines here, they are gathering up what possessions they can and getting out of there.

Let me show you this photo, because you can see just talking about precariously close, the homes and then the fire in the backyard. And you see the cars driving away. People inside the cars may never have a home to return to. Right now they don't know whether their homes may have burned or are still standing.

Casey Wian is in Azusa, California.

Casey, on these three people in custody, you have new information on that. Tell me what you know.

CASEY WIAN, CNN CORRESPONDENT: What we know, Brooke, at this time, these three people who are in custody, all young men in their early 20s.

Police say they were in a rural area and they were all found to be walking away from the place where the fire was started. At least one of those men according to police a homeless person and the other two local residents. The police say at least one of those suspects in custody on $20,000 bail has admitted to allowing this fire to start.

They were burning a campfire and winds came up and started and got out of control. You can see these pictures now. These smaller flames that we're seeing up on that hill, just about three or four minutes ago, those flames were 30, 40 feet in the air. And fire crews are now aggressively dropping water by helicopter on these flames to try to stop them from spreading into the neighborhood right now.

And that's one of the main areas of concern. They are trying to knock this down before the winds pick up and before the temperatures start to rise, which is expected to happen this afternoon. Right now, they say they have 2,000 people who have been evacuated from their homes and two homes have burned and there has been one civilian injury, no firefighters injured at this point.

And 700 firefighters now trying to combat this blaze and you can see one of the helicopters overhead now. It's a rush against time, Brooke. We are expecting temperatures to be as high as in the upper 80s today, winds maybe as high as 25, 35 miles an hour. They want to get this knocked down before any more of these homes are burnt, Brooke.

BALDWIN: I know so many people you're talking to are not leaving. They just don't want to leave, at least not yet. Casey Wian is in Azusa, California. Casey, we will stay in close contact with you. Thank you.

And now the race is on in Hollywood for who will take the top prize at the 86th Academy Awards. Today, the nominations were announced. Let's run through this together. First, you have these best picture nominations.

They include "Gravity," "American Hustle," which each led the pack with 10 nominations, "12 Years a Slave," by the way, nine nominations. For best actor, the headliners, Matthew McConaughey, Leonardo DiCaprio, Chiwetel Ejiofor, and a good-looking group of men here, but some of the ladies lovely as well, turning some heads, but not necessarily because of their acting jobs.

One thing in common with several of these Oscar-nominated films, the phenomenal showings, by the way, by leading and supporting ladies north of the age of 40. Take a look at the nominees for best actress. You have Sandra Bullock, Dame Judi Dench, Meryl Streep. By the way, this is her 18th nomination. This is an Academy record for a performer, Cate Blanchett, Amy Adams, 39. The supporting nominees, Julia Roberts, June Squibb, Sally Hawkins. Sally is 37.

The plate of roles for older actresses in Hollywood is not a new story, but finally one that studio executives are finally reading here.

To discuss this and other nominations, Michael Musto, columnist with Out com, and entertainment journalist and pop culture expert Jawn Murray.

Gentlemen, welcome.

MICHAEL MUSTO, OUT.COM: Hello, Brooke.

BALDWIN: Hello.

Let's begin with the ladies and I love this, quite frankly, that a lot of these, as I just mentioned, the actresses, best actress, supporting actresses are not young chickens, if I may.

Michael, what do you think?

MUSTO: It's a great turn of events.

Usually in Hollywood at 40 a woman is discarded, let alone given a part and given an award nomination. I think it's a wonderful development. Last year, of course, we had Quvenzhane Wallis nominated for best actress. She was like two months old or something.

(CROSSTALK)

BALDWIN: Wasn't she like 8, 12.

(CROSSTALK)

MUSTO: Something like that.

And so this it's swinging the other way. Amy Adams is the kid of the group in her lady 30s. I just think it's terrific. I think there is a future for all of us, if not an Oscar. BALDWIN: I love it.

JAWN MURRAY, ALWAYSALIST.COM: Jawn, who you are liking?

I'm loving the whole season, Brooke. This is the theme. The Oscar them this year is nontraditional Hollywood. You just mentioned they are breaking the barriers with the ageism thing that has plagued Hollywood for years. They are break barriers with diversity. It's a great year.

This will be probably the only time you ever hear me root for slavery, because I am so excited about "12 Years a Slave" and all that is happening for it with the nine nominations this year. But I'm excited across the board with this whole Oscar season.

(CROSSTALK)

BALDWIN: We are supposed to be hearing from Steve McQueen, the director of "12 Years a Slave."

(CROSSTALK)

MUSTO: I want to make clear to the "Duck Dynasty" people, the movie is against slavery. OK?

BALDWIN: Thank you.

(CROSSTALK)

MUSTO: And, more seriously, it's a very powerful film. I think it's the front-runner to win. It's really between that, "Gravity," which is a mind-blowing sci-fi epic, and "American Hustle," which is kind of a '70s scam romp. It's between those three as far as the major categories.

BALDWIN: Really, "Gravity," so you think that is up there?

Because a lot of people are saying "Gravity"? Really?

(CROSSTALK)

MURRAY: It made a lot of money and has a lot of momentum going into the season. And let's not sleep on "The Wolf of Wall Street." It's picking up so much steam. It's has got that last-minute Oscar buzz. Don't count it out just yet.

MUSTO: It's a great film, yes.

BALDWIN: What about no love for "The Butler"? Who is surprised?

MURRAY: I was outraged by this. Here's the thing.

At least Oprah Winfrey's and Forest Whitaker's performances should have gotten some recognition from the Academy. I think it was one of the bigger snubs of the year. They made a lot of money. But I don't get why "The Butler" were not in contention this year. And I think part of it was that there were so many great options in cinematography this year.

(CROSSTALK)

MUSTO: "The Butler" was supposed to get a nomination for somebody named Oprah Winfrey, but, Brooke, it's all in the timing when it comes to the Academy Awards.

BALDWIN: Nada.

MUSTO: Everyone anointed her the winner months ago when "The Butler" came out and it was too soon. Let's not forget last year "Argo" basically won best picture largely because Ben Affleck had been snubbed as the director, and so there was a wave of sympathy. That was a quirk of fate nobody could have predicted.

BALDWIN: That's right.

MUSTO: Oprah peaked too soon.

(CROSSTALK)

MURRAY: Let me add this part, too. Part of the Weinstein Company's Oscar campaign for "The Butler," they re-released it to theaters closer to Christmastime, hoping to recapture some of those Oscar eyes, and it still didn't work.

BALDWIN: What about just quickly best actor? I'm a big fan of mister all right all right all right, Mr. McConaughey. Who is your favorite just quickly, Michael and then Jawn? Then we have got to go.

MUSTO: I say Chiwetel, but McConaughey engineered a complete career revival. They call it the reconnaissance (sic) or the Matthew McAnnaissance (sic). And Leonardo has never won. It would be great to see him win too.

But I'm going with Chiwetel.

BALDWIN: OK, Jawn?

MURRAY: Rooting for Chiwetel.

And Michael and I are agreeing on everything today. Leonardo DiCaprio is the Susan Lucci of the Oscars. Matthew McConaughey has great momentum, but I'm rooting for Chiwetel.

Let the free slave take home the Oscar.

BALDWIN: Actually, I am rooting for Chiwetel. I have officially changed my mind live, because he is the brother of Zain Asher, our business correspondent, who is beautiful and crying over her brother. She is so proud of him. So, Chiwetel is my fave as well.

Michael and Jawn, thank you both very much.

MUSTO: Thank you. BALDWIN: And as I mentioned, this unique Oscar story here developing this morning. Someone received their 49th nomination. That is the most of any living person ever, 49th. Can you guess what that would be? The answer and some of his best work, next.

Plus, a mother turned to in vitro fertilization to get pregnant. She thought it was her husband's sperm. Well, turns out she got a big shock when she had some DNA testing and turns out her daughter's real father was someone she had never met. Now family members are speaking out about this whole ordeal. Their surprising message coming up.

(COMMERCIAL BREAK)

BALDWIN: Welcome back. I'm Brooke Baldwin.

We just talked about the Oscar nominees. But in movies, the music is nearly as key as the acting. Today, a Hollywood composer, is what you guessed? A Hollywood composer received his 49th Oscar nomination, which makes him the most nominated man alive. The next person with more than that, the late Walt Disney.

Here's CNN Kyung Lah ,who introduces us.

(BEGIN VIDEOTAPE)

KYUNG LAH, CNN CORRESPONDENT (voice-over): "Superman, "Indiana Jones," Harry Potter." You don't even have to see them. You know their music composed by John Williams, the most Oscar-nominated man alive.

JOHN WILLIAMS, COMPOSER: I think things like, how could anybody be that old?

LAH: Oscar is a very old friend to 81-year-old Williams. They have had a courtship since the 1970s.

WILLIAMS: What made it a good tool for me in the film was that the two notes could be played note, note, or note, note, note, note. Or very fast, very soft, or very loud, in your face.

LAH (on camera): Two notes in "Jaws," five notes in "Close Encounters."

WILLIAMS: Those five notes.

LAH (voice-over): It is an outer space where Williams soared."Star Wars" is the best selling film score of all time and still celebrated in his live performances.

WILLIAMS: It's a wonderful sight at the end to turn around and see them all waving these light sabers. You couldn't plan it. You couldn't say, I'm going to write something today that 30 years from now people will be celebrating in some fashion. Impossible.

LAH: The five-time Oscar winner credits hard work and the fortune of a good friend, a 40-year partnership with Steven Spielberg that persevered even when Williams felt he couldn't match the director's work in "Schindler's List."

(On camera): You asked Spielberg to find somebody else.

WILLIAMS: I said to him, Steven, this is a great film. And you really need a better composer than I am for this film. And he sweetly said, yes, I know, but they're all dead.

LAH: How do you keep the energy, the creative juices going?

WILLIAMS: It's better not to keep your eye on the finish line so much. Better to keep your eye right from what's in front of you at the moment.

LAH (voice-over): A life philosophy that keeps him enhancing those cinematic moments. That soar into movie history.

Kyung Lah, CNN, Los Angeles.

(END VIDEOTAPE)

BALDWIN: Oh, I love that movie.

Coming up next, a couple trying to learn more about their heritage, their DNA stumbled on a shocking discovery. You see, they found out that their daughter had no DNA link to dad. Coming up next, we tell you what happened and what the family now has to say about this.

Plus, an emotional story of a widow, her husband killed in Iraq. She found the letter he wrote to her in case he died. And coming up next, she will join me here in studio to read some of his final words to her and send a message to others dealing with similar tragedies.

(COMMERCIAL BREAK)

BALDWIN: Another family could be the victim of a sperm switch at a now closed Utah fertility clinic.

The University of Utah did not own, but did use the clinic's services. And officials there say they are working with this second family trying to see if they too were the victims of a mixup or a deliberate act. But it was a family now living in Texas who broke this story wide open.

They revealed to our Utah affiliate KUTV that their daughter shares no DNA with the father. Instead, somehow, the wrong sperm was used when her parents used in vitro back in the '90s. This couple said a man whose DNA was used and tests confirm that is now dead. He was Thomas Lippert. He died in 1999.

We don't know if he actually switched the samples, but his history does involve a conviction in a Minnesota kidnapping in which he reportedly used electric shock treatments on a college student to make her fall in love with him.

KUTV reporter Chris Jones sat down with this Texas family who hoped going public will help others find the truth. (BEGIN VIDEOTAPE)

ANNIE BRANUM, DAUGHTER: In the beginning I was shocked.

CHRIS JONES, KUTV REPORTER (voice-over): Annie Branum grew up in a loving, supportive, stable home. But nothing could prepare her for the news her mother, Pam, was about to deliver about her father.

A. BRANUM: It doesn't match anything. There is no DNA that you share with your father. And it took me a minute. I was like, what are you talking about? What does that mean?

JONES: By a twist of fate, Annie's mother had discovered that Annie's biological father was really a technician at the now-defunct Reproductive Medical Technologies where Annie's parents had received help to get pregnant 21 years ago.

PAM BRANUM, MOTHER: I thought oh, my God.

JONES: Through Pam Branum's detective work, the family found out that Tom Lippert, a tech at the clinic from 1988 to 1994 and a convicted kidnapper, was actually Annie's dad.

This is a story we did about Tom Lippert in the late '90s. Neighbors accused him of throwing rocks and terrorizing them.

UNIDENTIFIED MALE: Did you throw these rocks last night?

UNIDENTIFIED MALE: Absolutely not.

JONES: The couple thinks Lippert switched John Branum's sperm with his own.

A. BRANUM: It was hard at first to think that, who am I? I thought that I was this person, my mom and my dad. And now my dad is not my biological father. Who am I? Who am I?

JONES: A question about her personal core and questions with which Annie is trying to come to terms.

A. BRANUM: I understand that this happened to me, and there is nothing that I can do to change it. So, why should I live my life any differently knowing that this happened?

JONES: Meanwhile, the Branums have a laundry list of questions for the University of Utah, who says they contracted with the lab, but didn't own or operate it.

P. BRANUM: My husband wants to know, where is his sample? Does he have a child out there that we don't know about?

JONES: And, tonight, the family is reaching out to other couples were are clients during Lippert's time at RMTI.

P. BRANUM: I don't think we are the only ones. I think we are one of many. JONES: So many questions have come out of the chaos apparently created by Tom Lippert. But one thing is certain for this family.

P. BRANUM: We have really strong faith and we believe that God is going to work everything for good, and he has because we have her.

(END VIDEOTAPE)

BALDWIN: Chris Jones reporting.

It is important to note once again there is zero proof that this guy Thomas Lippert actually switched the specimens, but KUTV did speak with his widow, who said she had no kids with Lippert, but that he was "proud of the fact he had these kids out there" -- end quote.

Joining me now, Nancy Grace from our sister network HLN.

Nancy, right now, only the University of Utah is investigating that, but do you think that's enough? Could there be a potential crime here?

NANCY GRACE, HOST, "NANCY GRACE": I think there will be more of an investigation other than the University of Utah because very obviously they may be implicated in this, because several of their staff worked at this reproductive technology clinic, including Lippert.

He also worked for the University of Utah. They are downplaying the connection because they don't want to get sued. But can you imagine?

BALDWIN: Right. No.

GRACE: This was just an artificial insemination.

And now as the years are going by, more and more women are turning toward fertility clinics. And this is an outcome. And, listen, last night I spoke at length with Lippert's then wife. And she says she has no doubt, Brooke, no doubt in her mind that he did this intentionally and she thinks that he did it more.

BALDWIN: Wow.

GRACE: She also told me last night that he always carried in his wallet a picture of a child and told her, this was his child. He always told her that. And he was very proud of the child in his wallet. He doesn't have children that we know of.

Hey, and there's another issue.

BALDWIN: What?

GRACE: The issue is, they hired a convicted felon. OK? Either they knew or should have known. The problem, as you pointed out correctly, that reproductive fertility clinic is out of business and Lippert is dead. So, the trail is cold.

BALDWIN: Tough to get questions answered. There could be other people out there with kids who by one-half are not entirely theirs.

Here is my next question. You touched on it, because I'm thinking then as this has now made national news and there are so many couples out there who are using in vitro fertilization, how can you ever really know for sure that it's this sperm and this egg going together? Is there such a thing as confirmation?

GRACE: Well, only a DNA test.

I called a reproductive clinic and asked them how they verify and they double verify with all of the tubes and all the vials and they have quite an elaborate verification process. But guess what? So did RMTI. They thought they were double-verifying too.

(CROSSTALK)

BALDWIN: We know how that went, right, right.

GRACE: Yes.

BALDWIN: Nancy Grace, thank you very much. Watch Nancy on HLN weeknights 8:00 eastern.

GRACE: Thanks, Brooke.

BALDWIN: Nancy Grace, thank you.

And as the violence spirals out of control in Iraq and the debate now really heating up, we will take you live to Baghdad. But it's also important not to lose sight of the men and women who have lost their lives there. I will speak with a women here in studio who actually came across a letter written to her only to be opened if her husband died. She will share that with me and she has a message next.

(COMMERCIAL BREAK)