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Moreno To Receive SAG Lifetime Award; Warrant For School Shooting Suspect; Christie Raising Cash For GOP In Florida; FBI Searching For Missing WSJ Reporter; NSA Data Mining Expires March 28; Clinton, Christie Fighting Scandals; No Driver Needed: Driverless Cars Coming!; Science Behind California Drought; Man Claims Self Defense In Movie Shooting

Aired January 18, 2014 - 12:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: All right, top of the hour now. Hello, again. I'm Fredricka Whitfield. Here are the top stories that we're following in the CNN NEWSROOM. Shots fired inside a Philadelphia school prompting a lockdown. Two students were rush to the hospital and today, police are searching for the suspect.

And the top Hollywood producer behind "Django Unchained" is taking a stand against violence. Why Harvey Weinstein wants his movie to hurt the NRA and how do you feel about sharing the road with cars that are driving themselves? One might roll up right next to you sooner than you think.

Today, Philadelphia police are still searching for a suspect in yet another school shooting. Investigators issued an arrest warrant this morning, a day after two students were shot in a high school gym. Both of them are expected to be OK.

Nick Valencia is joining me now with more on the investigation. So what do we know about these arrest warrants, the suspects, the situation?

NICK VALENCIA, CNN CORRESPONDENT: Initially, there were there persons of interest. Two people were taken in for questioning. One person released last night. Another we found out just a little ago released this morning. But the main concern, Fred, is this suspect. The main shooting suspect who was expected to turn himself in to police earlier this morning, that didn't happen.

Police very concerned right now at this hour that so long as they have an alleged shooter on the loose, in and around Philadelphia, where they believe this juvenile is. It could be very dangerous and they're scared that something like this could happen again -- Fred.

(BEGIN VIDEOTAPE)

VALENCIA (voice-over): Police are on the hunt this morning for a young man who pulled a gun in a Philadelphia high school Friday afternoon, shooting two students in the arm.

LT. JOHN STANFORD, PHILADELPHIA POLICE: One student is a female. Approximately 15 years of age. The other student is a male student. Approximately 15 years of age and as I said, both students are in stable condition.

VALENCIA: The suspect is believed to have been in the gym with seven other students at the Delaware Valley Charter High School. The school was placed on lockdown immediately following the shooting and while one 17-year-old student was initially identified as the gunman, he has been cleared and released. Outside the school Friday, parents were anxiously awaited word that their kids were OK.

UNIDENTIFIED MALE: I'm just still flabbergasted by how a child or whoever was able to bring a gun to school. I just want to know that. Just tell me. If you can tell me how that happened, I'm good.

VALENCIA: The incident was captured on video and investigators are reviewing the tape. As of late Friday, police were still looking for the weapon. Now, they have one message for the shooter.

STANFORD: Come turn yourself in. Get it over with now. Come and turn yourself in because we're going to do the process we need to, looking at the video, interviewing witnesses and we're going to come get you in custody.

(END VIDEOTAPE)

VALENCIA: And an update on those two students who were shot, both had none life threatening injuries. They are expected to survive. Just three weeks into the year, Fred, and already two school shootings.

WHITFIELD: Yes, terrible. All right, thanks so much, Nick.

All right, Governor Chris Christie is headlining a fundraiser for Florida Governor Rick Scott today. He also raise cash for the Republican Governor's Association, but is he more of a liability now that he is in the middle of a big scandal back home in New Jersey?

CNN's Tory Dunnan is on the road with the governor in Florida.

(BEGIN VIDEOTAPE)

GOVERNOR CHRIS CHRISTIE (R), NEW JERSEY: Whatever test they put in front of me, I will meet those tests.

TORY DUNNAN, CNN CORRESPONDENT (voice-over): Now the test for New Jersey Governor Chris Christie moves some 1,000 miles south from the garden state to cash rich Florida. More than a week after the bridge controversy blew wide open. This will be Christie's first trip out of state. A jam packed weekend with stops in Orlando, Fort Lauderdale and Palm Beach.

His star power and fundraising abilities will be on display in the midst of a political scandal. The governor is in town to fundraise for Florida Governor Rick Scott who despite the controversy is not shying away.

GOV. RICK SCOTT (R), FLORIDA: I know Chris did the right thing. He apologized and went to the community and apologized. So I look forward seeing him.

KEILAR: And as its chairman, he will also raise money for the Republican Governors Association. Christie will attend events on Palm Beach to network with those in the donor base. Those he would rely on if he decides to run for president in 2016.

ADAM SMITH, POLITICAL EDITOR, "TAMPA BAY TIMES": I think Florida Republicans would be a lot more excited if it was pre-bridgegate. But you know, he should play really well especially in south east Florida that's basically New Jersey South.

DUNNAN: Turns out the excitement could still be there. His main political event is at Home Depot co-founder and billionaire, Ken Langone's home. Even with the scandal, Langone tell CNN he has been flooded with requests to meet the governor.

ANA NAVARRO, REPUBLICAN STRATEGIST: The most important thing on Chris Christie's plate right now is New Jersey, focusing on his to-do list there and setting that ship straight. He also has other responsibilities. He is the chair of the Republican Governors Association and then he also has to think about Chris Christie and what his future is.

He has a lot of donors that are here in the Florida area, people that want to hear from him and want to ask him questions and want to go on and listen to what Chris Christie has to say.

DUNNAN: A sign his popularity remains a threat. Democratic National Committee Chairman Debbie Wasserman Schultz will be along for the ride with her own agenda.

(END VIDEOTAPE)

WHITFIELD: And Tory Dunnan, joining us live now from Orlando. So, most of these events, Tory, are private. Is the governor taking any questions from reporters somewhere in the midst from one spot to the next?

DUNNAN: You know, Fred, we will have to see, but I doubt it and here's why. These are all closed door fundraising events. About 25 minutes ago, that we believe we saw New Governor Chris Christie driving in the front entrance here of this country club here in Orlando, Florida where is part of this fundraiser for Governor Rick Scoot. But we've asked for interviews and so far, they've said no way. With even the governor here of Florida, so we'll see what we get, but so far, no access.

WHITFIELD: All right, Tory Dunnan, thanks so much in Orlando.

All right, in Southern California now, hundreds of firefighters are scrambling to put out a dangerous wildfire in the hills east of Los Angeles. Right now, it's only about 30 percent contained. The Colby fire dramatically underscores the severe drought across most of the state. The governor issued an emergency on Friday and urged Californians to cut back on their water usage. And two Americans and two British citizens have been killed after a suicide bomber and gunman attacked a restaurant in Kabul, Afghanistan Friday. Nine foreigners and eight Afghans were also killed. The Taliban took responsibility and said it was payback for an air strike this week that killed civilians. Security forces killed the gunman in a shutout.

The U.S. government warning retailers around the country now about that massive cyber attack at Target that breached compromised information on something like 110 million customers. A Homeland Security official says other retailers may be affected and there may be a link to organized crime in the former Soviet Union.

Police and volunteers have been scouring Long Hill, New Jersey for "Wall Street Journal" reporter David Bird. He vanished last Saturday after going for a walk. CNN's Alexandria Field joins us now from outside the "Wall Street Journal offices in Manhattan. What is the latest on this investigation?

ALEXANDRA FIELD, CNN CORRESPONDENT: Good afternoon, Fred. For an eighth day now, search crews are going out to look for this journalist who disappeared last week, David Bird. His wife says that he told her he was going for a walk. He left their Long Hill, New Jersey, home, he never returned since then.

Crews have been looking in wooded areas, Long including a marsh area and have been conducting searches on the Possaic River. The family says though that Bird left the house without his cell phone. They say he is also without medication that he needs to take following a liver transplant nine years ago. So they are worried about his safety and also his health. Here's what his sister-in-law had to say.

(BEGIN VIDEO CLIP)

CHRIS FLEMING, SISTER-IN-LAW: He's a strong man. He has been through you know, he's been through a lot before and he's got -- we just think he's holding on and we just want him back.

(END VIDEO CLIP)

FIELD: Byrd is a 55-year-old energy reporter. He has been with "The Wall Street Journal" for a number of years now. He is a married father of two and his family insists, Fred, that he would have no reason to simply take off without letting anyone know.

WHITFIELD: And then I understand that, you know, Bird's family is dismissing concerns that his disappearance might have been related to any reporting, particularly on OPEC?

FIELD: Right. His family is first of all saying they have no idea where he is or what has happened to him. Over the past week though, questions have been raised on whether his disappearance could be related to his work, specifically his reporting on the Organization of Petroleum Exporting Countries. We asked his sister-in-law if the family believes there could be a link and she tells us they do not believe that's the case. That that theory is doesn't seem to make any sense to them.

WHITFIELD: Wow. All right, everyone of course is hoping for the best of outcomes for Mr. Bird and his family. Thanks so much, Alexandra Field.

Coming up, movie mogul versus the NRA, why Harvey Weinstein is taking a stand on gun control despite producing so many violent movies.

Plus, some new cars are pretty fast and others are, well, they're connected to the internet, but the coolest ones, guess what? They don't even need a driver.

(COMMERCIAL BREAK)

WHITFIELD: President Obama has decided that the National Security Agency can keep collecting all phone and e-mail records of Americans for the time being. CNN's senior White House correspondent, Brianna Keilar tells us how the president reached that decision and why it might change by the end of March.

BRIANNA KEILAR, CNN SENIOR WHITE HOUSE CORRESPONDENT: Fred, this went down to the wire. One White House official telling me even as of Thursday evening, key policy decisions were yet to be finalized.

(BEGIN VIDEOTAPE)

KEILAR (voice-over): President Obama worked with his advisers well into the night on Thursday, on his speech revealing changes to NSA spying program. The final decision on his biggest announcement by all appearances came very late.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: I'm therefore ordering a transition that will end the Section 215 Bulk Metadata Program, as it currently exists --

KEILAR: But the deliberating isn't done, the president saying his administration will consult further with experts and ultimately lead Congress to decide which third party will store details like phone numbers and length of calls.

SEN. RAND PAUL (R), KENTUCKY: Who will we hire? Edward Snowden's contractor to hold all the information, I don't want them collecting the information. It's not about who holds it. I don't want them collecting every American's information.

KEILAR: Thursday night, Obama called British Prime Minister David Cameron to detail his proposal. Shortly before his speech on Friday morning, White House officials alerted key members of Congress, the final steps in a month's long process.

While vacationing in Hawaii for two and a half weeks over the holidays, President Obama poured over recommendations from his NSA advisory panel between rounds of golf and family outings.

Throughout December and January, he met with tech CEOs from companies like Facebook, Twitter and Google, privacy and civil liberties experts and lawmakers on House and Senate Judiciary and Intelligence Committees, a drawn out decision making process that is a hallmark of Obama's.

According to several aides who told CNN it is not unusual for the president to hold his decisions close to his vest. We have seen it before.

PRESIDENT OBAMA: Because we cannot resolve someone else's civil war through force.

KEILAR: Most recently on Syria and his call to send Navy SEALs into Pakistan to raid Osama Bin Laden's compound finalized just one day in advance. In the last several months, Obama's views on the spying program changed from his description of the man whose leaks started the controversy, this was last June.

PRESIDENT OBAMA: No, I will not be scrambling jets to get a 29-year- old hacker.

KEILAR: And today --

PRESIDENT OBAMA: Mr. Snowden's action.

KEILAR: To the need for changes to how the U.S. spies.

PRESIDENT OBAMA: And I think we struck the right balance.

KEILAR: Has now become --

PRESIDENT OBAMA: This is only going to work if the American people have confidence and trust.

(END VIDEOTAPE)

KEILAR: March 28th is a key deadline. That is when the controversial bulk phone data program needs to be reauthorized. Attorney General Eric holder and intelligence officials will weigh in and President Obama will work with Congress to figure out where they think all that information should be held since the NSA will no longer keep it -- Fred.

WHITFIELD: Thanks so much, Brianna in Washington.

Movie mogul, Harvey Weinstein plans on taking on the NRA, he's planning on making an antigun film, starring Meryl Streep. Weinstein told Howard Stern the movie about a holocaust uprising will hurt gun makers and the NRA. On CNN's "PIERS MORGAN LIVE," Weinstein answered critics who have bashed him because of the violent movies that he makes.

(BEGIN VIDEO CLIP)

PIERS MORGAN, HOST, CNN'S "PIERS MORGAN LIVE": The main allegation will be one of hypocrisy. You've produced some very violent movies. So, people say come on, Harvey, what about you? When are you guys in the movies going to stop glamorizing guns if you mean this? HARVEY WEINSTEIN, MOVIE PRODUCER: I think they have a point. You know, you have to look in the mirror, too. And I have to just choose movies that aren't violent or as violent as they used to be and I know for r me personally, I can't continue to do that. So, the change starts here.

(END VIDEO CLIP)

WHITFIELD: The NRA has not released an official response as yet, but did post a link to the story on its Facebook page.

All right, Hillary Clinton and Chris Christie, couldn't be further apart politically, why they're both in the same boat right now trying not to think.

(COMMERCIAL BREAK)

WHITFIELD: Hillary Clinton and Chris Christie are wrapped up in scandals that could derail the 2016 front-runners. Republicans have renewed their criticism of the former secretary of state after a bipartisan Senate Intelligence Report concluded the attack on the consulate in Benghazi, Libya in 2012 was quote, "Likely preventable," end quote.

Meantime, Christie remains under a cloud of suspicion for the alleged political retribution by his top aides, closing access to the nation's busiest bridge. All of this while a new poll says they are deadlocked in a hypothetical presidential match-up. They choose Clinton up two points since December, 37 percent choose Christie. That's down seven points since last month.

Will Cain is a CNN political commentator and writes for the blaze.com. He's in New York. Good to see you. And Hilary Rosen is a CNN commentator and Democratic strategist. She is in our D.C. studio. Good to see you as well.

All right, Hilary, you first, which scandal, if any, is most likely to sink one of both of these two top contenders?

HILARY ROSEN, CNN POLITICAL COMMENTATOR: It's funny that we're putting them in sort of the same category. Here's what I do think that they have in common, which is that clearly, Republicans are going to not let this Hillary Clinton connection to Benghazi die even though all of the conspiracy theories have been debunked. Is that the report this week agrees, bipartisan agreement on the facts. And so, this issue and she's answered every question that Republicans even have had on this for a long time.

WHITFIELD: So you don't think it will go on any further?

ROSEN: Essentially, Hillary Clinton, has overwhelming supporters we just saw in your poll, for particularly among Democrats, it's unquestioned. You know, the issue with Chris Christie, this issue is not really over. That we've got a whole new series of subpoenas this week, a lot of facts still to come out. I think the jury's out, but you know, the other interesting thing to me about the Christie situation is how Republicans really are coming out and defending him. Their biggest defense seems to be an attack on Hillary Clinton.

WHITFIELD: Right. OK, Will, why is that? Why is it that it seems few of the Republican leadership on a grand national stage are willing to kind of throw their support behind Chris Christie during this, particularly during the investigation?

WILL CAIN, CNN POLITICAL COMMENTATOR: I'll give you two reasons, and one for them will answer Hillary's question about why Hillary Clinton comes up in this decision all the time. The two reasons you haven't so great support for Chris Christie, he has largely behind the scenes been working for himself and in front of the scenes, he hasn't necessarily endeared himself to the right.

He's left himself without a huge fan base to take up for him in moments like this. But the second reason that there's been no support for Chris Christie is because possibly, or very little support, because the possibility that it's true is still out there. And this isn't necessarily or shouldn't be a team sport. It shouldn't be we're going to defend our guy no matter what. The pushback --

WHITFIELD: His posture during that press conference particularly and then even know in Florida, just wasn't enough to convince most republicans that he is innocent --

CAIN: We don't know, Fred.

WHITFIELD: Just like he said he would.

CAIN: We don't know. You're inclined to believe him, but there's still going to be an investigation. We don't know and because of that, you must wait for the truth, but you'll get the pushback. The second reason is because we have seen why Hillary's name is invoked. We have seen disproportionate media coverage for this scandal so far.

It has been ridiculous. While we recognize there could be something here, the media is run running fast and furious with this and they have not paid the same kind of attention to Hillary Clinton scandal in Benghazi. One last point to Hilary Rosen's point, you're right, the conspiracy theories are gone. All we're left with is facts. The first time since 1979, an ambassador has died in the line of duty. It could have been prevented. There was beyond incompetence that it was due to a YouTube video in the weeks following.

WHITFIELD: Well, I think the facts in the Senate report and in most importantly, in the State Department's independent report and then we saw in "New York Times" reporting, there were multiple times where security was offered, unfortunately to Ambassador Stephens and he rejected that security. There are sorts of reasons why this target

I think the point Will's making about Governor Christie is interesting, which is that you know, he's kind of built his brand over the last few years in criticizing the Republican Party. Trying to give himself kind of a leg up among some of the other folks who we know are going to be in the 2016 run up and I think that when you do that, he naturally isolated himself. I think the reason why we've had this significant interest among the media, is that he has been a bit of a media darling. If not the Republican Party establishment darling because of his brashness, because of his you know, seemingly going out and doing what he wants to do regardless of consequences. Whether that's --

CAIN: But so the Hillary Clinton and all we're asking for is equivalency in how these types of scandals are covered and treated.

ROSEN: I think Hillary Clinton would say she's had plenty of scrutiny.

WHITFIELD: There hasn't been an end to looking into reporting of either one of these scandals. It seems as though it really is he tip of the iceberg for both. Will Cain, Hilary Rosen, thanks so much. Good to see you both.

ROSEN: Take care.

WHITFIELD: No hands. No problem. A self-driving car could be on the road a lot sooner than you think.

(COMMERCIAL BREAK)

WHITFIELD: All right, this is a big one. The Detroit Auto Show and it's opening to the public today. Automakers are showing 50 updates to vehicles including the Corvette and Ford F-150 pick-up. It now as an aluminum body and is 700 pounds lighter, but what everybody's talking about is the technology, fuel efficiency and self-driving cars. But as Dan Simons reports, in California, the new technology is raising perplexing questions way beyond how does that work?

(BEGIN VIDEOTAPE)

DAN SIMON, CNN CORRESPONDENT (voice-over): Actor, Will Smith, in a scene from "I-Robot." It was 2004 and it felt like pure science fiction. But now, nearly ten years later, self-driving cars have moved well beyond Hollywood fantasy.

UNIDENTIFIED MALE: You can just say, I don't want to drive right now, just take over and if I want to be back in the driver's seat, I'll just grab the wheel and go.

SIMON: At the Consumer Electronics Show in Las Vegas last week, a demonstration showing it's possible to even catch some Zs in this Audey prototype.

UNIDENTIFIED MALE: They call it piloted driving and that means there is a driver, but he can concentrate on something else if he doesn't want to actively drive.

SIMON: And it's coming much sooner than you think. The state of California is taking aggressive steps to get driverless cars on the streets as early as this spring for testing.

BERNARD SORIANO, DEPUTY DIRECTOR, CALIFORNIA DMV: So we're developing the regulations to allow for these autonomous vehicles to be tested on our roadways, as well as being operated on our roadways.

SIMON: So, on Tuesday, the California Department of Motor Vehicles held a public hearing to discuss the rules of the road for autonomous cars. For some car makers like Volkswagen, there's concern that some regulations might be too strict.

(on camera): For instance, the proposed rules require that a driver must be seated in the driver's seat in case they need to take over. That seems to make common sense. But perhaps giving us a glimpse into the future, a Volkswagen official says that might be too limiting.

NICOLE BARRANCO, VOLKSWAGEN GROUP OF AMERICA: We contemplate an occasion where with redundant controls and what is referred to or known as the passenger seat, we like to call it the co-driver's seat.

SIMON (voice-over): The most well-known autonomous car comes from Google, which shows off how the vehicle could someday help the blind. The tech company is fighting a proposed requirement that it should report anytime an actual driver needs to override the computer, saying a lack of context could give the wrong impression about safety.

RON MEDFORD, GOOGLE, DIRECTOR OF SAFETY: Maybe this published information would mislead people into not understanding what it really meant.

SIMON: Other issues like who's responsible if the car crashes, the carmaker or the driver are also part of the discussion. Michigan, Florida, Nevada and the District of Columbia have also passed laws allowing for driverless cars and are grappling with some of the same issues. We may not have flying cars yet, but the dream of a George Jetson self-driving vehicle is surely on its way. Dan Simon, CNN, Sacramento.

(END VIDEOTAPE)

WHITFIELD: A severe drought affecting millions of people in California, next. We'll look into the science behind it.

(COMMERCIAL BREAK)

WHITFIELD: All right, time now for the science behind where we look at the why behind the what. Today, we're looking into the historic drought that is hitting California right now. Governor Jerry Brown calls it's the worst the state has seen since records began about 100 years ago.

Our Jennifer Gray looked in the drought. So Jennifer, what is the science behind this hot, nasty weather?

JENNIFER GRAY, AMS METEOROLOGIST: Well, we are looking at a very, very dry situation in California. We have had that persistent area of high pressure over the past couple of months. It is not letting up and it looks like it's going to stick around for the next couple of months. We talked to some experts to find out the science behind the drop.

(BEGIN VIDEOTAPE)

GRAY (voice-over): Just take one look in the west and the pictures will tell the story. We are barely two weeks into 2014 and new records are already being broken, but what's the science behind this extreme weather?

DR. MARSHALL SHEPHERD, PRESIDENT, AMERICAN METEOROLOGICAL SOCIETY: When areas of the United States are in a very persistent areas of high pressure, what meteorologist calls ridges, we see a lot of dry, hot weather and I think that's what we've seen and because of that, the Western United States has been ridiculously dry.

GRAY: California's extreme drought is dire. San Francisco is experiencing its driest year in more than 165 years. The wildfires come at a time when it's supposed to be California's rainy season.

UNIDENTIFIED FEMALE: We're waiting for rain. We're praying. We're going to do a rain dance.

GRAY: The president of the American Meteorological Society, Dr. Marshall Shepherd, says it's going to take much more than a dance to reverse this thanks in part to the jet stream.

SHEPHERD: So we can get locked into these modes or patterns of how our jet stream is situated. In 2013, high pressure has been the dominant weather feature over the west. That causes really hot and dry conditions.

GRAY: Because of this, California is parched. Many of their lakes and reservoirs are at 38 percent and sinking and the snow pack, which is supposed to be a key resource for water is 84 percent below average.

SHEPHERD: That snow is the drinking water for people in Los Angeles, Phoenix and other places later in the year and it doesn't take a rocket scientist, even though I used to work at NASA, to know there are going to be stresses on water supply.

GRAY: And long-term predictions don't spell relief.

DANIEL BERLANT, CALFIRE: As we move further into the actual summer months, things are only going to get drier. The temperature is only going to get higher. The humidity is only going to go lower.

(END VIDEOTAPE)

GRAY: Yes, we've been looking at long range forecasts over the next three months. It doesn't look like things are going to get better. They're still forecasting above normal temperatures, below normal rainfall and this is the rainy season. They only have a little window when they are expected to get rain. After that, it's going to be dry, so the wildfire season could be horrible.

WHITFIELD: My, more of the same. That is not good news. All right, thanks so much. We appreciate it, understanding the science behind it now, Jennifer. All right, a fight over texting in a movie theatre ended with gunfire. Now, the alleged shooter is claiming self-defense, but will it hold up in court?

(COMMERCIAL BREAK)

WHITFIELD: A memorial is being held today for a man who was shot and killed in a movie theatre over texting. Chad Oulson's disturbing death has shocked so many people. He leaves behind a wife who was at the movies with him, was also hurt, and a 22-month-old daughter. The man accused in the shooting is behind bars. Martin Savidge has more on the case.

(BEGIN VIDEOTAPE)

MARTIN SAVIDGE, CNN CORRESPONDENT (voice-over): The suspect, a retired police captain, stood handcuffed, facing second degree murder charges, as he made his first appearance in court via video conference.

UNIDENTIFIED FEMALE: Mr. Reeves, apparently you can afford your own attorney?

UNIDENTIFIED MALE: Yes, Ma'am.

SAVIDGE: The allegations against Curtis Reeves become more jaw- dropping the more details emerge. It happened at the movie theatre during the previews in Monday's matinee of the movie "Lone Survivor." The 71-year-old Reeves and his wife were sitting one row behind this man, 43-year-old Chad Oulson and his wife, Nicole. Witnesses say Reeves became very irritated when Oulson began texting during the previews. What was so pressing for Oulson, his 2-year-old daughter?

DETECTIVE TIMOTHY HARRIS, PASEO COUNTY, FLORIDA SHERIFF'S DEPARTMENT: The young child was with a babysitter and the father was communicating with the babysitter concerning the daughter.

SAVIDGE: But Reeves was so annoyed about the texting he left the theatre and complained to management. When he returned to his seat, he started arguing with Oulson.

CHARLES CUMMINGS, WINTESS: He came back very irritated with theatre management. They started arguing again about the cell phone. There seems to be almost a confrontation and then bang he was shot.

SAVIDGE: How could it escalate from an argument over a text to a shooting?

RICHARD ESCOBAR, REEVE'S ATTORNEY: The allegation there is that the victim threw a bag of popcorn.

SAVIDGE: That's right. Witnesses say a bag of popcorn turned this argument into a murder scene.

ALEX CUMMINGS, WITNESS: He said, man, I can't believe he got shot. Blood started coming out of his mouth. I was trying to hold him up and he just fell down.

SAVIDGE: Oulson was shot once in the chest and died in the hospital. The bullet that killed him first went through his wife Nicole's hand, placed on her husband's chest perhaps is in an attempt to shield him. Reeves' attorney argued for his release on bond and painted his use of force as self-defence.

ESCOBAR: He was attacked. At that point in time, he has every right to defend himself.

SAVIDGE: In an affidavit, Reeves said Oulson struck him in the face with an unknown object. The same affidavit says witnesses saw only popcorn being thrown and did not observe any punches. In yet another strange twist, prosecutors say Reeves has a history of retribution for others texting at the movies. A witness told them he came after her at the same theatre just a few weeks ago.

MANUEL GARCIA, ASSISTANT STATE ATTORNEY: Indicated that he was glaring at her the entire time throughout the movie, and he also followed her to the bathroom when she had gotten up to go to the restroom. And make her feel very uncomfortable.

SAVIDGE: With all the evidence against him, the judge denied him bond.

JUDGE LYNN TEPPER, SIXTH JUDICIAL CIRCUIT COURT: It may or may not have been popcorn, but an unknown object doesn't equal taking out a gun and firing it at somebody's chest.

SAVIDGE: For now, a man awaits trial. A family grieves their father and a community asks how texting could lead to murder.

TEPPER: Thank you. You may step back.

(END VIDEOTAPE)

WHITFIELD: Thanks so much to Martin Savidge.

So let's break down the defense with our legal guides, Avery Friedman, a civil right attorney and law professor in Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining from Las Vegas. Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: OK, so Richard, you first. This popcorn defense that the alleged shooter was provoked, it was dark. He didn't know that it was popcorn. That it was being tossed at him, but something unknown and that his life, he felt like was on the line. How will his defense, how will his attorneys try to lay that out in a better fashion than what took place in that first court appearance? HERMAN: There is no better fashion, Fred. There is no defense. There is no popcorn defense here. It's tragic. It's a tragic situation and what makes it more disturbing is that this was a police, a former police captain in Tampa and this is an individual who in his mind, felt that he was in fear of death or great bodily harm, which prompted him to remove his revolver, which he should not have had in the movie theatre to begin with, and shoot a man in front of him point-blank in the chest.

This popcorn defense is absurd. The judge completely rejected it and no bail. No jury's going to buy it. This guy has to make a plea deal as soon as possible because the more the public hears of this case, the more upsetting and devastating it becomes. He has no chance of this defense.

WHITFIELD: And Avery, is that how you see it? There has to be a plea deal because I think the expectation would be you have been in law enforcement. You would know, you know, what crosses the line. What defines a real there that he might be better able to assess the situation and know when appropriate to pull out a gun or even have a gun so, is there really no recourse for his defense? Can there really not be a good argument on his behalf and that he might as well just flee?

FRIEDMAN: Well, you know, I would suppose if one is defending that it's going to be an uphill battle. But welcome back to Florida, Fredricka, here we go again. No duty to retreat. I understand the fear of butter and salt, but the imminent fear of bodily injury or death, I mean, this is awful and it's a function of the lack and sacrifice of civility. I understand the beginning of it.

Look, you've been to the theatre, there are people texting and talking on the phones and it's lit up and you're missing the preview, but here's no justification for what the defendant purportedly did here. So I can't fathom what kind of reasonable defense Curtis is going to have in this case.

It strikes me again as the lack of civility. This testosterone fuelled male mindlessness that goes on. You coupled with stand your ground as an attempted defense, I don't think the defendant has a chance in this case.

WHITFIELD: And I wonder how important will it be for the prosecution to try to establish that there may have been another person who said she felt uncomfortable with this alleged gunman a few weeks back, that he kind of followed her, may have revealed or shown some sort of rage or anger or a problem. Is it important for the prosecution to try to establish that or do they even need that?

HERMAN: It's not going to be admissible if they try to bring it in. It would not be admissible and glaring at someone is not going to show a pattern of behavior, so that will not be admissible as well as the rule in the movie theatre. The business rule, no handguns allowed. State of Florida allows a concealed carry permit. That trumps any private business rule. He legally had his firearm on him in a concealed position, but he -- FRIEDMAN: The other thing -- the other part of this is that whatever value there is about threatening other people, I actually agree. I think the prejudice of that kind of evidence would bar its introduction. I don't think it really is relevant anyhow. I think the facts are so compelling here, Fredricka, I just don't know what this fella's going to do. He's cooked.

WHITFIELD: All right, another very compelling case you all are going to help tackle, when you come back. We're going to talk about this brain dead pregnant woman kept on a ventilator. Her family wants the machines off, but the state law stands in the way. Whose wishes are most important? Next.

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WHITFIELD: A man in Texas who says his wife is brain dead is fighting to take her off a ventilator. He filed a lawsuit this week against the hospital, but it gets more complicated. Marlice Munoz is about 21 weeks pregnant and Texas law says a person must be kept on life sustaining treatment if she is pregnant. Ed Lavandera has more.

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ED LAVANDERA, CNN CORRESPONDENT (voice-over): Marlice Munoz's husband, Erick and her parents, all say Marlice never wanted to be kept on life support. The family says they've been telling the hospital exactly that since Marlice collapsed of a blood clot in her lung on November 26.

ERICK MUNOZ, HUSBAND: We've reached the point where you wish that your wife's body would stop.

LAVANDERA: So now family has filed a lawsuit in hopes the courts will back them up. In the suit, lawyers for Marlice' husband say that what's being done to the brain-dead pregnant woman is, quote, "nothing more than the cruel and obscene mutilation of a deceased body." The lawsuit demands that Marlice Munoz be immediately disconnected from ventilators and that her body be turned over to the family for proper burial.

LYNNE MACHADO, MOTHER OF MARLICE MUNOZ: We were told she was brain- dead November 26.

LAVANDERA: Marlice Munoz's body is still in the intensive care unit of John Peter Smith Hospital in Fort Worth, with a lawsuit now filed hospital officials have said they're encouraged by this development because the courts are the appropriate venue to provide clarity, direction and resolution in this matter. A hospital spokeswoman has said this is not a difficult decision for us.

(on camera): Officials at John Peter Smith Hospital say they are simply following the Texas law that overrides a woman's end of life wishes if she is pregnant. Marlice's family calls that decision absurd. They say because she is brain-dead, the law does not apply to her. (voice-over): Tom Mayo, a law professor at Southern Methodist University helped write the law 15 years ago. He says the hospital is wrong because Marlice cannot be brought back to life.

THOMAS MAYO, LAW PROFESSOR, SMU: I don't see how we can use a provision of the law that talks about treating or not treating a patient in a case where we really don't have a patient.

LAVANDERA: Marlice's fetus is now about 21 weeks along. Doctors can still hear a heartbeat, but it's not clear what kind of damage the blood clot that killed Marlice has done to the unborn baby. Medical experts say even ultrasounds and heartbeat patterns can't accurately predict if the fetus is viable. That's a risk the family does not want to take.

DR. JEFF ECKER, MASSACHUSETTS GENERAL HOSPITAL: With those things can't perfectly predict health and outcome. And there are certainly occasions whereas we look as best as we can tell, a fetus appears to be developing appropriately and meeting all its mile stones, and yet after birth, after delivery there's evidence of profound compromise.

MACHADO: I cry every time I hear it.

LAVANDERA: As Marlice Munoz's family deals with this ordeal, Marlice's mother helps her son-in-law take care of the couple's 15- month-old son who doesn't understand what's happened.

MACHADO: The door will open and he'll look to see if it's mama coming through the door still.

LAVANDERA: Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

WHITFIELD: The hospital denies the allegations in the lawsuit according to court documents filed yesterday. Earlier this week, the judge who was assigned to the case recused herself, but gave no reason as to why. The hearing for the lawsuit has not yet been scheduled.

So our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas. Boy, this is a very difficult one, gentlemen. So, if the issue here that the viability of the fetus is very strong and that perhaps overrides you know, the fitness of the mother's body, Richard, that pulling the plug would really mean ending the life of a baby that stands a good chance of living outside the womb?

HERMAN: Well, Fred, the issue is the Texas statute. That's the issue. And the interpretation of the statute and the statute clearly says that if a person is in a vegetative state or a coma, and they are pregnant, the court will ignore any, any directive of that individual of not to be kept on life support and override that to keep the fetus viable up to about 24 weeks where they can remove it, versus the Cesarean section.

But here, the very hospital records said she's brain dead and there is no chance of resuscitation. There's no chance of bringing her back again. And therefore, the hospital is wrong and the court must step in and honor the family's wishes here because they are misapplying the statute. She is brain dead and it's not --

WHITFIELD: Avery, is that what the argument is?

FRIEDMAN: No, it's not the argument.

WHITFIELD: That she actually stands a chance of living? It's really about the baby, the fetus, isn't it?

FRIEDMAN: Well, no. In my judgment, there are two issues. Number one, the law is unconstitutional. They didn't go to federal court. They went to state court to challenge this. Secondly, the law deals with the patient being pregnant. Well, she's not a patient. She is scientifically and medically dead.

Even the professor that worked on the legislation conceited that this deals with patients and patients' rights. So, I don't believe anything has to do with the fetus or an embryo or anything else. It has to do with the patient. Therefore, I think this family will prevail and I think that ventilator's going to be disconnected.

And I appreciate the difference in philosophy, but ultimately, the end of the day, it's patients' rights and she has a right to be disconnect.

WHITFIELD: And regardless of the outcome of this lawsuit, do you see that the road is already being paved to change or modify or challenge this law as a whole, Gentlemen, Richard?

HERMAN: I think so, Fred, but this law exists in 30 states throughout the country. We continue to legislate morality and we ignore people's wishes. Here, this woman was involved as medical personnel. She made a clear determination. She did not want to be kept alive if God forbid she was put on life support and everybody is ignoring her wishes, the family besides themselves.

WHITFIELD: But that wasn't written. It was a conversation between husband and wife -- right. Yes, but they had the conversation that they would not want to be on life support, but the hospital wants to see that in paper.

FRIEDMAN: The hospital is stuck. The hospital filed a one or two sentence response because they're stuck in the middle. The doctors I'm sure believe that this life, this ventilator plug has to be removed, but they can't because of the state legislature. Ultimately, if the judge interprets law right, it's going to be pulled. Other states, we'll see what happens.

WHITFIELD: All right, Avery, Richard, yes, always good to see you. That's a powerful and passionate case for sure. Good to see you, guys. Of course, you can always catch our brilliant minds of Richard and Avery, that is, this Saturday on every Saturday at about this time every weekend. Always tackling the most intriguing cases of the day, week, month, you name it. Good to see you, guys. Thanks so much.

HERMAN: Thank you.