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Judge Overturns Texas Same-Sex Marriage Ban; FDA Approves Controversial New Drug

Aired February 26, 2014 - 15:00   ET

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

BROOKE BALDWIN, CNN ANCHOR: Chad Myers, thank you very much.

CHAD MYERS, CNN METEOROLOGIST: You're welcome.

ANNOUNCER: This is CNN breaking news.

BALDWIN: Let's get to that breaking news here as we enter hour two. I'm Brooke Baldwin.

Breaking, a federal judge striking down a ban on same-sex marriage in Texas.

I want to bring in our senior Washington correspondent, Joe Johns.

Tell me a little bit more what you know about the judge's decision here.

JOE JOHNS, CNN CRIME AND JUSTICE CORRESPONDENT: Well, Brooke, it seems like we are beginning to see another of these cases almost every other week. A federal judge has struck down the Texas ban on same-sex marriage, ruling on Wednesday it has no rational relation to a legitimate government purpose.

The bottom line on this is basically he said these two sets of plaintiffs who filed this case in the state of Texas are likely to prevail once all the merits are heard. He did give time for this case to be appealed. As I said, a couple of sets of plaintiffs very similar to some of the other cases we have seen, two women and two men.

One couple got married outside the state and wants that marriage to be recognized in the state of Texas. Another couple simply wants the state of Texas to allow them to marry. As you know, there is a ban on same-sex marriage in a number of states, including Texas.

All of this basically builds up the pressure on getting the Supreme Court to decide whether there is an equal protection question here and whether people can get married in states where there are actual bans.

BALDWIN: But, again, as you point out, Joe, and this is popping up right around the country. But you know jumps out at me when you're telling this story, this is Texas. This is the South. This makes it a little bit different. (CROSSTALK)

JOHNS: Absolutely. Yes, it does make it a little bit different, but remember there was also a case not too long ago in the state of Virginia very similar to this argued by two very well-known attorneys in this country who have been pushing this all along.

The point there is sort of peppering this around the country, so each and every circuit has an opportunity to get a case in the pipeline and the question is which one will get to the Supreme Court and will the Supreme Court decide to hear that question of due process and equal protection on same-sex marriage?

BALDWIN: Joe Johns, thank you very much.

And now to the suspicious revelations about a mystery on board this ship that was made famous in last year's blockbuster hit "Captain Phillips." Here's the ship. Let me tell you about these two men, these two former Navy SEALs. They were found dead on the floor of a cramped cabin and lying next to their bodies, a syringe and brown heroin powder.

We have just learned an autopsy found that both of these men died of respiratory failure and suspected heart attacks. The question now, could their movements and what they were up to the night before suggest there is more to their deaths than meet the eye?

Joining me now, Ian Urbina, investigative reporter at "The New York Times."

Ian, that was quite a piece in your paper because it was the first time we really saw sort of the ticktock if you will in the night leading up to these men found. But let's just begin. One of them surviving multiple combat tours in Iraq and Afghanistan -- how did they wind up on the ship to begin with?

IAN URBINA, "THE NEW YORK TIMES": For the last couple of years, a lot of these cargo ships have, because they have been battling with pirates off the coast of Somalia have taken to hiring armed guards.

A lot of these military special forces guys have gone into this line of work and these two Navy SEALs joined a private security company and were outposted to the ship and they had been working on this ship, this particular ship for about two-and-a-half weeks.

BALDWIN: To think just of Navy SEALs, as you point out in your piece, the grueling nature of becoming a Navy SEAL and how they, according to friends and family who you talk to, really took pride in their lives and their bodies to this day and then you have what happened. Tell me about what they were up to the night before. What did you learn?

URBINA: It looks like the ship pulled toward the island or the archipelago of Seychelles, which is a bunch of islands off the coast of Africa, about 10 days ago, and when they got into the port, it looks like the crew went out for what seems to be a fairly typical night out on the time. They started out at one bar. This is a posh resort island known as a honeymoon spot for the stars. And there seems to be a real divide in the culture on the island in that on the one hand it's a very wealthy, polished place. On the other hand, it has some of the highest intravenous drug use rates in the world.

BALDWIN: In the world.

URBINA: So, in any case, the crew went out for a night on the town and they went to a bar. From all the descriptions of waiters and staff, they were really outgoing and having a great time doing tequila shots and vodka with a bunch of sailors from New Zealand.

They ended up bouncing to a casino and then to another casino. The rest of the crew split off from our two Navy SEALs. The two men, the two Navy SEALs ended up closing that casino and were sort of politely asked to go at the end of the evening. At that point, it looks like from surveillance cameras the two men met two women in the hall out in front of the casino, and then they walked down a dark corridor. And that's where the trail goes quiet.

We don't have evidence of what happened next.

BALDWIN: It's one thing to do tequila shots. It's quite another to be abusing these kinds of drugs. And as you point out on these islands, there is really some bad stuff that can get mixed up in some of this heroin. I'm curious what the friends and family had told you. Have these guys dabbled in drugs before? Do we know?

URBINA: Yes, there is a real dichotomy here.

The description of the two men from friends and family was in stark contrast to what sounded like a pretty hard partying night. Most of the people who knew these men, the first thing they pointed out was their outgoing personality and sort of fitness buff rigor to their routines when they were home.

A lot of them talked about just how attractive they were and the healthy lifestyles they seemed to live at home. Both of them had kids. One of them was recently divorced. But they both seemed to be family men. So there was no indication from interviews of neighbors and acquaintances and former military colleagues that there was a problem.

BALDWIN: Awful. Two former Navy SEALs gone and the investigation I know continues. Ian Urbina, let's stay in touch with "The New York Times." Thank you so much.

Now a famous name in a now infamous position here. Kerry Kennedy, daughter of Robert F. Kennedy, niece of JFK, took the stand today in her trial on a DWI charge in New York. Kerry Kennedy hit a tractor- trailer back in 2012. And today she told jurors that the night before the crash she was at a party and specifically did not drink because she knew she had to drive home.

Legal correspondent Jean Casarez is live outside that courthouse there in White Plains.

You were inside the courtroom. What was it like in there when Kerry Kennedy herself was testifying?

JEAN CASAREZ, CNN CORRESPONDENT: Brooke, I just came out and she is currently on cross-examination by the prosecutor right now.

It is amazing in that courtroom, because this is a DWI trial, because she has taken the stand and she has put her character at issue. She has tremendous character. She has been testifying about all of her work in the area of human rights.

She is the president of the Robert Kennedy Center for Justice and Human Rights and talking about her jet-setting lifestyle. This is -- you can tell it's just a local jury that is just a part of this work force here. She is testifying as to the facts that her father was killed when he was running for president and daddy had been the attorney general.

You are just watching someone that leads a lifestyle that is so unlike the jury. But let's look at what she said are the recitation of the facts in this case. She says on the morning of July 13, she got up as usual and she took what she thought was her thyroid medication. The bottles were right next to each other, her Ambien and her thyroid medication.

She must have taken the Ambien because she got her four bags together and she was going to the gym and then going to her office in New York City and she said she doesn't remember anything after she gets on to what was a state road, a type of interstate.

But the prosecutor on cross-examination is trying to show maybe it was a mistake, but what do you remember after you took the pill? Do you remember exactly how you made the cappuccino? Do you remember exactly what you did? She doesn't.

The prosecution is trying to say you had notice, you knew that something was affecting you. You shouldn't have gotten behind that wheel. Even if you didn't know it until you got on the road, you should have pulled over. The defense is saying, this was a mistake. But under the law, a mistake sometimes is not a defense to the elements of a crime.

BALDWIN: Jean Casarez there on Kerry Kennedy's DWI trial in White Plains for us, thank you very much. We will be watching each and every day to see what happens.

Coming up, the FDA giving its stamp of approval to a drug five times more powerful than Vicodin. Experts say people will die when the drug is released.

Also ahead, director Spike Lee calls it the Christopher Columbus syndrome. What was he talking about? Problems of gentrification. You will hear his rant and reaction. Do not miss this conversation.

Also ahead, big changes to your frequent flyer program, Delta saying that miles will be based upon how much you spend now and not how far you fly. We will be right back.

(COMMERCIAL BREAK)

BALDWIN: There is a change in flight plans for travelers on board Delta. The airline is switching up its frequent flyer program, so more miles based upon how far you fly. What matters is how much your ticket costs.

(FINANCIAL UPDATE)

BALDWIN: Coming up next, we're going to talk about this drug that is apparently five times more potent than Vicodin. And it's been approved by the FDA. But, listen, there are some experts that say this is a recipe for disaster. We will talk to the good doctor, Dr. Sanjay Gupta, about that, get his take.

Plus, director Spike Lee, have you heard this -- have you heard what he has said? He has gone off about gentrification, his comments sparking all kinds of conversations today. We will play you what he said and we will get some very personal reaction. Stay with me.

(COMMERCIAL BREAK)

BALDWIN: A powerful new painkiller called Zohydro is about to hit the market with FDA approval. And many people don't want this to happen.

Zohydro has only this one ingredient, hydrocodone. It's this frequently abused opioid.

And our Sanjay Gupta has been reporting on the dangers of the prescription drug epidemic for some time now. He explains why this new drug could be a threat.

(BEGIN VIDEO CLIP)

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Car crashes are no longer the number one reason people die accidentally in the United States. Nowadays it's actually prescription drugs. That's because on any given day people take more than the recommended dose, mix and match or take medications not prescribed to them. Maybe take pills with alcohol. And all of it can make for a deadly dose.

In fact, the most recent data shows 37,000 drug overdose deaths in one year, mostly accidental. About 21,000 involved prescription drugs. And of those 75 percent were painkillers.

(END VIDEO CLIP)

BALDWIN: And more than 40 groups petitioning the FDA to yank approval of this new drug. Drugs-makers and the FDA says Zohydro's benefits outweigh its risks.

Here he is, chief medical correspondent Dr. Sanjay Gupta.

Just reading about this, people are saying once it is released, people will die. GUPTA: Yes. I mean, look, a lot of doctors, as you just saw there, the 40 organizations, they are very concerned about this because the abuse of these types of drugs are now the number one cause of preventable death.

It's -- the balance here obviously is there are people who have legitimate pain and for whom nothing has really worked. and they are looking for new alternatives for them as well. But this particular medication is probably about five times as strong as compared to what's already out there. It is also crushable.

And the reason that is significant, Brooke, is people will sometimes crush these things and snort them and take them in a way that they shouldn't be taking them and that adds to the potential danger as well. We are country that takes a lot of pain pills. We take 80 percent of the world's pain pills in this country.

BALDWIN: We, the U.S.

GUPTA: United States. And now you can add another big one, a big powerful one to the list. And that's the concern.

(CROSSTALK)

BALDWIN: And so again quickly, why not -- I'm thinking, why just take several Vicodin I guess if you have incredible chronic pain? But there is an issue with that.

GUPTA: Yes. Typically, doctors will prescribe a certain number of Vicodin. Also, medications like Vicodin have acetaminophen in them as well and that can cause liver problems if you take too much of it.

If you start taking too much of those pills, you can cause other problems.

BALDWIN: Got it.

GUPTA: This particular one doesn't have the acetaminophen in it. And that's part of the reason that the FDA says this could offer some advantage. I should point out that this will be a Schedule 2 substance. And what that means, it is going to be far more restrictive than a lot of the existing narcotics. You can't get refills for it. You have to see your doctor before you get the prescription.

So, there's going to be a much stricter enforcement of this, but still five times, Brooke, stronger than what is out there, yes.

BALDWIN: Pretty potent.

OK. Dr. Gupta, thank you very much.

GUPTA: You got it, yes.

BALDWIN: Coming up here, Spike Lee, Spike Lee as in director of films "Malcolm X" and "Do the Right Thing," going off on the issue of gentrification in his neighborhood. We are talking Brooklyn. We are talking Harlem here as well. It is sparking massive debates today about race and about class and about hipsters. You will hear the rant and we will get some personal reactions next.

(COMMERCIAL BREAK)

BALDWIN: Filmmaker Spike Lee is certainly no stranger to making comments that generate headlines, particularly when it comes to controversial topics, i.e., race and class.

His award-winning films typically infuse both issues, as seen in his Oscar-nominated film from the '80s "Do the Right Thing."

(BEGIN VIDEO CLIP)

UNIDENTIFIED ACTOR: Who told you to walk on my side of the block? Who told you to be in my neighborhood?

UNIDENTIFIED ACTOR: I own this brownstone.

UNIDENTIFIED ACTOR: Who told you to buy a brownstone on my block in my neighborhood on my side of the street? What you want to live in a black neighborhood for anyway? Man, mother (EXPLETIVE DELETED) gentrification.

UNIDENTIFIED ACTOR: As I understand it, this is a free country. A man can live wherever he wants.

UNIDENTIFIED ACTOR: Why don't you move back to Massachusetts?

UNIDENTIFIED ACTOR: I was born in Brooklyn.

(END VIDEO CLIP)

BALDWIN: Flash forward to today, when it really surprises very few when Spike Lee just blew up last night over this one question about gentrification during the speaking engagement he had in Fort Greene in Brooklyn, his hometown.

Spike Lee was answering a question about his borough's changing face when he suddenly told this packed audience that he -- quote -- "did not see a lot of good coming from the idea of gentrification." Here he was.

(BEGIN VIDEO CLIP)

SPIKE LEE, DIRECTOR: This is the mother (EXPLETIVE DELETED) Christopher Columbus syndrome.

You can't discover this! We been here. You just can't come and Bogart. Nah. You can't do that. You can't just come in the neighborhood and start Bogarting and say, like you're mother (EXPLETIVE DELETED) Columbus and kill off the Native Americans.

You can't do that, or what they do in Brazil, what they did to the indigenous people. You have to come with respect. There's a code. There's people.

You can't just move and start -- here's another thing: When Michael Jackson died, they wanted to have a party for him in mother (EXPLETIVE DELETED) Fort Greene Park and all of a sudden the white people in Fort Greene said, wait a minute, we can't have black people having a party for Michael Jackson to celebrate his life. Who's coming to the neighborhood?

They're going to leave lots of garbage. Garbage? Have you seen Fort Greene Park in the morning? It's like the mother (EXPLETIVE DELETED) Westminster Dog Show. There's 20,000 dogs running around. Whoa. So we had to move it to Prospect Park!

I mean, they just move in the neighborhood. You just can't come in Bogarting. I'm for democracy and letting everybody live, but you got to have some respect. You can't just come in when people have a culture that's been laid down for generations and you come in and now (EXPLETIVE DELETED) got to change because you're here?

(END VIDEO CLIP)

BALDWIN: OK. Let's talk about this with CNN CNN commentator Michaela Davis and CNN anchor Don Lemon.

Nice to see both of you. Welcome.

DON LEMON, CNN CORRESPONDENT: Hello.

MICHAELA ANGELA DAVIS, CNN CONTRIBUTOR: Thanks for having us.

BALDWIN: Michaela, let's begin with you, because you were neighbors with Spike Lee for years in Fort Greene. You also I know spend a lot of time in Harlem. Do you agree with them?

DAVIS: Yes, as I said, I weekend in Harlem, and I love Brooklyn.

And I -- here's what I get. I get Spike's passion. And he is communicating for an entire community. He's an artist, so you know he is going to do it with a certain amount of fervor.

But I think what is important is that we define what is gentrification. And what he is speaking to is the frustration of people ignoring , denying or trying to dismantle a culture that is already in place in a community.

You know, communities are like quilts, and people come from all over and they connect and they stitch together.

BALDWIN: Right.

DAVIS: This idea of ripping the patterns apart, ripping the layers apart, and making it a neutral space is the pain that he -- and pain is a really accurate word -- that he is feeling, because, you know, Kim Kardashian may be into neutrals, but communities are not, right?

(LAUGHTER) DAVIS: We need to feel -- we need to feel...

LEMON: But...