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Erin Burnett Outfront

Secret Recordings Released in Teen Rape Case; Mentally Ill Man Killed by Dallas Police; Dangerous Asteroid Whips Past Earth; Obamacare Web Site Coming Down This Weekend; Terror Commander Linked To Mall Attack; Reward For Escaped Florida Convicts; A Marriage Ends In Murder?

Aired October 18, 2013 - 19:00   ET

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

ERIN BURNETT, CNN ANCHOR: "OUTFRONT" next, who should take the fall for the disastrous Obama care rollout? Some say Secretary of Health Kathleen Sebelius should be the one who is fired.

Plus, a former doctor on trial in Utah, accused of killing his wife. Was it murder or an accident?

And a 14-year-old girl says she was raped by an older student. The charges dropped, but the girl's mother made secret recordings of the prosecutor. We're going to play that for you tonight.

Let's go "OUTFRONT."

And good evening, everyone. I'm Erin Burnett.

OUTFRONT, tonight, we have some breaking news. An official from the Department of Health and Human Services confirming to CNN that the glitch filled Obamacare website will be coming down this weekend for maintenance. Now this comes on the same day that new problems with the roll out were exposed and an official from the Health and Human Services Department said Secretary Kathleen Sebelius will not be available to answer questions at a congressional hearing next week on what went wrong.

Although I can tell you at this moment, we have just found out that this Health and Human Services secretary. I'm here at my Blackberry actually, has the time on appear at the Inaugural Kennedy Forum gala the night before in Boston. So she'll be in Boston at a gala, but unable to testify on the Obamacare roll out in Washington the next day. Republicans continue to call for Secretary Sebelius to be fired.

Brian Todd has been tracking all the glitches. Brian, officials are obviously downplaying the significance of the web site coming down, right, but what's your take.

BRIAN TODD, CNN CORRESPONDENT: Well, they are down playing this, Erin, but my take is that they've had so many continuing problems with this web site that even if there is kind of a high maintenance, maintenance action overnight, they're going to be kind of lumping it in with some of the other maintenance problems that they've had and trying to deal with it that way. As you mentioned at the top here, we have had confirmation from a Health and Human Services official that the Obama care enrolment web site, healthcare.gov will be coming down this weekend for maintenance. But again, this official at the Health and Human Services downplaying the significance of all this saying the agency has brought it down week nights and weekends fairly regularly between 1:00 a.m. and 5:00 a.m. since enrolment began on October 1st.

So again, HHS downplaying the maintenance issues and the taking down of the web site this weekend. Meanwhile, we have been speaking to those on the receiving end of all of these applications, insurance companies, insurance industries. Sources are telling us there are widespread problems with the applications coming in and now they are having to track back to solve them.

(BEGIN VIDEOTAPE)

TODD (voice-over): Luke Chung runs a database company in Northern Virginia. Since trying to sign up for Obamacare online, he has become an unwilling expert on the web site's glitches.

LUKE CHUNG, PRESIDENT, FMS INC.: The management team built this and delivered this and thought it was production quality has shown they're not capable of delivering a production quality enterprise national level product.

TODD: Chung doesn't think the system was tested thoroughly enough before the rollout. Administration officials have insisted they did beta test the program for months, but CNN has now learn, signing up is a problem not just for potential customers, but for the insurance companies processing their applications. Listen to Joan Budden of the Michigan Insurer Priority Health.

JOAN BUDDEN, CHIEF MARKETING OFFICER, PRIORITY HEALTH: We talked to one gentleman who had not received the confirmation that he anticipated on the exchange web site. So he hit submit a couple of times. And ended up, was concerned that he had enrolled in multiple plans.

TODD: Another company tells us soon after enrolment started they had one customer mistakenly apply three times for two different plans. Insurance industry sources tell CNN, insurers are getting duplicates, missing information, data without a time stamp. We did speak to other insurers who said they had no problem with the data, got complete applications. But for those who have had problems --

BUDDEN: We're calling each member and going over their enrolment information with them to make sure it is accurate.

TODD: For response to those issues, we call and e-mailed CGI, the private contractor which got tens of millions from the government to design the system. We didn't hear back. The Department of Health and Human Services said as individual problems are raised by insurers, we work aggressively to address them. As for Luke Chang --

(on camera): How would you fix it? CHUNG: The way I would fix it would be two levels. First of all, I would have a change in management. Technically, I would try to get people through this system as quickly as possible, asking for as few pieces of personal information as possible to expedite the process.

TODD (voice-over): To be fair, Chung said he has seen some improvements. On some pages on the web site, they've added more questions to save people having to answer a question, save a screen, and then go to the next screen. And administration officials continue to say they are hammering away at these glitches. For OUTFRONT, Brian Todd in Washington.

(END VIDEOTAPE)

BURNETT: We heard the tech expert saying someone in management should be fired. Well, even President Obama and Health and Human Services Secretary Kathleen Sebelius have admitted there are problems.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: I am the first to acknowledge that the web site that was supposed to do this in a seamless way has had way more glitches than I think are acceptable.

KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES: I'll be the first to tell that you the web site launch was rockier than we would have liked.

(END VIDEO CLIP)

BURNETT: Maybe neither one of them were the first, but at least they acknowledged the problem. The question is, should someone be fired? Joining us tonight, OUTFRONT, Sean Spicer, the communications director at the Republican National Committee and John Avlon, executive editor for the "Daily Beast."

Let me start with you, Sean, the president has said it many times. The buck stops with me. Obviously he is not going to lose his job over this, but the person in charge of the rollout was Kathleen Sebelius as the secretary of the HHS. Should she be fired?

SEAN SPICER, COMMUNICATIONS DIRECTOR, REPUBLICAN NATIONAL COMMITTEE: Yes. As Brian mentioned in the piece, they had three years and hundreds of millions of dollars to get this right. Just months before it was ready to go, in September of this year, they told us they we are ready to go. We're going on sign up 500,000 people in the first month.

When the demand started, the day after they launched, they said the problem was not that there was a web site problem. There was so much demand to get on the site meaning that they actually covered it up. They knew there was a problem and they blamed it on enthusiasm. Not admitting the problem.

BURNETT: Maybe they just hoped that it was enthusiasm. Maybe it wasn't a full cover-up. SPICER: But when you spend hundreds of millions of dollars, that's it. If you take look at where they are now, let's look at how they're doing. She said 500,000. There are states where you can count on one hand the number of people that have done this, zero, 1, 5, 7, that's not impressive. That's not even close to 500,000. This is an absolute disaster.

And there is no company in America that would allow this themselves constantly refer to themselves, compare themselves to an Apple rollout. When Apple had a similar glitch, Tim Cook fired entire team that was responsible for rolling out the mapping app. This is an absolute disaster. Someone has to pay the price.

BURNETT: Let me ask you, I can't confirm Sean's numbers. I'll trust you. Seven people in Alaska, I don't know what percent of the population that is. Robert Gibbs said someone needs to go. Let me play it. This is a guy very close to the president.

(BEGIN VIDEO CLIP)

ROBERT GIBBS, FORMER WHITE HOUSE SPOKESMAN: When they get it fixed, I hope they fire some people that were in charge.

(END VIDEO CLIP)

JOHN AVLON, EXECUTIVE EDITOR, "THE DAILY BEAST": There is no question this has been a rolling disaster of a rollout and I don't have a fancy word to do the play by play. This does prove a point Republicans have been. Government tends to not do big things well. We can have a conversation about the crew-ups, about how best to fix them.

By jumping immediately to fire Sebelius, we just parroting RNC talking points at the height of the whole default disaster that we went through as a country, the RNC kept pushing this line. Fire Sebelius, fire Sebelius. They wanted to change the conversation themselves wanted to distract from the conversation. That's the important politics that we'll get real about this conversation.

BURNETT: That's an interesting point, Sean and I mean -- go ahead.

SPICER: I must be doing a really, really good job because Robert Gibbs is using the talking point now. So I just, that's a little preposterous. Yes, we believe that's the case, but I think that from Robert Gibbs to Debbie Wasserman Schultz, everybody is saying this is a disaster. The question is will anybody be held accountable for the disaster.

This isn't like a small disaster like I ordered decaf and I meant regular coffee. This is tens of millions of dollars that was spent over the course of three years and we're all looking around calling it glitches, rocky bumps. This makes the new Coke rollout look lick a PR success story.

BURNETT: John, let me ask you this because, you know, you both raise interesting points. Jumping to fire someone before you find out who is responsible, but here is the thing, Secretary Sebelius was just confirm for going to a gala instead of testifying in Washington and then here she is on Jon Stewart show, which she did have time to go on here.

(BEGIN VIDEO CLIP)

KATHLEEN SEBELIUS, HEALTH AND HUMAN SERVICES SECRETARY: It started a little rockier than we would like, but I think it is getting better by the day.

JON STEWART, LATE NIGHT TALK SHOW HOST: Obama has this earl of tech guys that send me e-mail when I don't even have my computer on. They appear behind my eyeballs and yet all this person has to do is fill in their name and the computer is like, what are you doing to me?

(END VIDEO CLIP)

BURNETT: In the interview, so she look like she was having a good old time. She came to New York; she can go on comedy central. Seriously, all jokes aside. That is not smart. It is totally unacceptable that she doesn't testify before Congress. She should answer questions. She has time to go a Kennedy Center Gala.

She has time to go to Congress, Jumping to the band wagon. If we want to fix it, that's one thing. Let's be honest. The Republican Party wants a political scout. That's the whole thing for this line of reasoning. It is not to fix a problem or to have that conversation.

AVLON: Here's the point. Talking points aside, just issue, the issue on the table, if she was a couple weeks out of that launch, when she was talking about the rollout. It's good to go. My point would be, if this were any other issue, we would be saying you're crazy. We knew they didn't beta test it. There is no question that everyone who look at it said that. At what point is it not a talking point and it is reality that they have to admit that there were serious problems. They knew about them and they ignored them.

BURNETT: All I have to say, someone has to faye price, but we've got to do who did what wrong for this to not happen again. You can't just have a scalp and then declare victory. Still to come Newark information about the horrific terror attack at the Kenyan mall. We have the video and now authorities believe they know who is behind it.

Plus a massive manhunt for two men released from prison by accident and how many times has this happened before? That is the shocker.

And controversy surrounding a deadly police shooting in Dallas, officials say the suspect advanced on them with a knife. Guess what, the video, no, no.

(COMMERCIAL BREAK)

BURNETT: Our second story, OUTFRONT, new leads in the Kenyan mall terror attack. Officials have been studying security footage showing the horror that unfolded during the siege of the Westgate Mall in Nairobi last month which left as many as 67 people dead. The attack is now being tied to this man. This is the first time you've seen his picture. He is believed by American intelligence officials to be one of the most dangerous terrorists on earth. Barbara Starr is OUTFRONT.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): At the Westgate Shopping Mall in Nairobi, Kenya, shoppers ran for their lives when gunmen took over in a shooting rampage. U.S. intelligence is trying to figure out what behind the scenes role this man may have played. This TV 2 Norway footage of the alleged terrorist known as Ikrima, he is in America's cross hairs.

Just days after the mall attacked two dozen Navy SEALs raided his compound in Southern Somalia. They failed to capture him. But CNN has learned why President Obama risked so much. U.S. sources say he is now seen as a prominent part of the al Qaeda network with possible information on new attacks being planned. His reach now is far beyond Somalia.

PAUL CRUICKSHANK, CNN TERRORISM ANALYST: He has really emerged as a key link figure between various al Qaeda affiliates in Yemen, between al Shabaab in Somalia. He is somebody who has deep connections to militants in the west because of the time he spent in the west in recent years.

STARR: Al Qaeda in the Arabian Peninsula base in the Yemen is now considered the most dangerous of the al Qaeda affiliates. CNN has been shown encrypted e-mails through a third party that were exchange with Ikrima. They show context between him and the American born cleric, Anwar Al-Awlaki who was killed in U.S. missile attack in 2011.

SETH JONES, RAND CORP: When Ikrima starts to work closer with al Qaeda in the Arabian Peninsula, which has plotted attacks against the U.S. homeland that means he's crossed a redline.

STARR: Kenyan officials are looking at a Norwegian citizen of Somali decent as a possible suspect in the mall attack. The Norwegian citizen is believed to have ties to Ikrima, another indicator of his possible involvement in what happened at the Westgate Mall. For OUTFRONT, Barbara Starr, The Pentagon.

(END VIDEOTAPE)

BURNETT: In our third story, OUTFRONT, two killers on the loose still tonight in Florida. They were released from prison by mistake? Authorities are still looking for Charles Walker and Joseph Jenkins who were supposed to be serving life sentences for murder. But because of forged signatures from a judge, both men were accidentally released. Of course, the forged signatures makes you wonder who knew what and who was involved.

But Florida officials are combing through paperwork to be sure that other inmates haven't done the same thing. That's a pretty terrifying thought. John Zarrella is OUTFRONT. He's been covering the story. The first question is you have a huge manhunt going on. Do they have any idea where these two men are?

JOHN ZARRELLA, CNN CORRESPONDENT: No, they really don't. They can where they were and this may be the height of arrogance. Within days of their release, the two inmates showed up at the Orange County Jail here in Orlando. That's right themselves showed up and filled out a voluntary compliant form to show that they were complying with the terms of their release.

It was a fraud lent release but they did that and that was so that it would not raise any red flags to them being out of prison. Now, the sheriff here about an hour and a half ago held a press conference and he said that he believes that the two men are still in the Orlando area. A $5,000 reward has been issued for information about that toward their capture and they have put billboards up across the city -- Erin.

BURNETT: That's just amazing. You think the last thing would you want to do is to go a jail, arrogance, brazen, confidence, whatever it shows. It makes me wonder. When you talk about forged signatures and these guys going into the jail and being so methodical, do they have any idea if this has happened before? And other people who are not supposed to have gotten out, who are murders, who have done the same thing?

ZARRELLA: Well, what they're going to do now is do a double verification so any signature from the judge has to be double verified from a sentencing judge. To make sure that anyone being released is correctly being released. To your point, it turned out that they had another case that they actually caught on October 7th, using a very, very similar scheme where they filed a motion to correct an illegal sentence.

But they caught that case. So are they tied together? Are they linked? Possibly. The interest there is the date. It was October 7th. The day before the second of these inmates was released from that Franklin County Jail. And that still did not raise any red flags and the man was released on October 8th. Now, we tried to reach the state attorney's office. The state attorney's office has refused to comment has refused to talk. The Department of Corrections isn't talking either. The only person talking here in Orlando, the sheriff.

BURNETT: John Zarrella, thank you very much. It's just a frightening indictment of the system.

Still to come, a dramatic recreation of a Utah doctor accused of murdering his wife. This story is so, it is impossible to turn away. Prosecutors dragged a bathroom into the courtroom. You're going to hear from the accused' daughter.

Plus an asteroid as powerful as several thousand atomic bombs missed the earth a few weeks ago, but it may be coming back. It didn't seem we had any idea that it was even there. Are we ready?

(COMMERCIAL BREAK)

BURNETT: Our fourth story, OUTFRONT. A man turned to murder to end his marriage. A prominent Utah doctor accused of killing his wife. The prosecutors say the doctor forced his wife to get plastic surgery to change her appearance in a way that would appeal to him. Then he killed her with lethal dose of post op drugs. They say it was part of a calculated plan so that he could continue with an affair.

Today's witnesses hemmed their case, describing the bizarre behavior on the day that his wife was found unconscious in her bathtub. The bathtub is a crucial part of the events today. Jean Casarez is OUTFRONT.

(BEGIN VIDEOTAPE)

JEAN CASAREZ, CNN CORRESPONDENT (voice-over): Neighbor Christy Daniels described the tragic moments after Michelle Macneill was found unresponsive in her bathtub. She had been summoned to the home by the youngest daughter, Ada.

KRISTI DANIELS, NEIGHBOR: I could hear Martin yelling that he needed help. I started running and went into the house and followed martin's voice. And when I came in to the bathroom, I could tell that we need to call 911. I said I'll call 911 and he said I've already called 911.

CASAREZ: Prosecutors brought in a bathtub similar to the one in the Macneil home so they could demonstrate how she was found. Daniels said she was lying face-up, her head at the faucet. Her feet in the tub with her husband draped over her head. She said there was not any water in the tub. The neighbor was also in the bathroom and said martin didn't appear to be making any real effort to revive his wife.

ANGELA AGUILAR, NEIGHBOR: I don't remember him actually blowing into her mouth. I did not see him actually put his mouth on her mouth.

CASAREZ: Prosecutors say he forced his wife to have a facelift, applying her with several different drugs all so he could be with his mistress. Macneil is charged with murder and obstruction of justice in the death of his wife. The defense says she died of natural causes. For months leading up to his wife's death, Martin Macneill was telling friends and neighbors that he had a life threatening disease and didn't have long to live. At the Church of Latter Day Saints where he was a Sunday school teacher, he told the congregation.

AGUILAR: He had cancer and that he was preparing Michelle to take over the financials, and it was a very heartfelt, tearful lesson.

CASAREZ: Just days after Michelle died, Daniels ran into Martin Macneill in their driveway.

DANIELS: He told me that she died of some kind of heart problem. The doctor had called. They had a conference call with the doctor and made sure the family knew it was nobody's fault. That it was just all natural. And I asked him -- well, yes. I asked him, well, Martin, how that are you doing? Because I heard you only had like six months to live and he said something to the effect of, don't write me off yet.

(END VIDEOTAPE)

CASAREZ: And Erin -- BURNETT: It is a goes on and on. I don't know if she can hear me. What about the, the focus on the daughters. The daughters seemed to have taken aside.

CASAREZ: The daughters are critically important for the prosecution. We expect them to testify especially Alexis who took care of her mother after that facelift. And she says that her mother said, I have got my bandages on my eyes. He keeps trying to feed me pills and I need to know the feel of the pills to know what I should take.

Alexis just had twins this last week so we don't know when she will come into the courtroom of but of course, little Ada may testify also. She is the one who originally found her mother in that bathtub. The defense to all of this, the children are so upset about losing their mother that they have turned that anger to their father and they're just making everything up.

BURNETT: All right, Jean, thank you very much. This is just an incredible story. Of course, the eight children there, so crucial to watch.

Still to come, Google had a major day. The stock hit a record. There's a pretty cool angle to this story.

Plus a case we have been following all week. A 14-year-old girl said she was raped by a very popular football player who was a senior but then the charges were dropped. Out of nowhere, they say. Her mother made secret recordings of conversations with prosecutors and we'll play that for you.

And a deadly police shooting in Dallas, the surveillance video seems to show what police say happened to justify what they did didn't happen at all.

(COMMERCIAL BREAK)

BURNETT: And welcome back to second half of OUTFRONT.

President Obama officially nominated Jeh Johnson as nominee for the next homeland security secretary. Johnson was a former lawyer at the Pentagon known as an Obama loyalist. He had a role in some major decisions, including the repeal of "don't ask, don't tell," and the Osama bin Laden raid.

Our Pentagon correspondent Barbara Starr tells us it will be his views on the use of drones that will be some of the biggest challenges he faces in confirmation hearings. Of course, there was a report today that said more than 400 civilians have been killed in drone attacks by this administration in Pakistan.

Saudi Arabia rejected an offer to join the U.N. Security Council today. The kingdom says the council is incapable of keeping the peace, citing failures to resolve the Israeli-Palestinian conflict for 65 years and the civil war in Syria. (INAUDIBLE) of Stratford tells this is the best option Saudi Arabia has right now to express its frustration with America's policy in the region. And it's trying to make the case to its Arab neighbors, they can't depend on the United States any longer and they should look to Riyadh. It is still a very big and important slam to the United Nations.

Well, Google entered new territory. Its stock crossed the $1,000 mark for the first time, $1,011, the exact close. A 14 percent jump, which is pretty huge when you think about a stock that's at 1,000 bucks. This was just because they came out with number for the quarter that were better than expected. People are buying ads on Google.

But you know what? Analysts say it's going to get better. Mark Mahini (ph) at RBC Capital Markets says, he thinks it can go to -- go even higher. About an 8 percent gain from current levels, which is pretty impressive, but not as impressive as those who bought it at its IPO, 85 bucks. You'd be loathed (ph).

Now, our fifth story OUTFRONT: secret recordings in the Missouri rape case.

The mother of a 14-year-old alleged rape victim has released audiotapes of the conversations she had with the county prosecutor who dismissed the case. Melinda Coleman says the tapes prove she and her daughter cooperated with authorities and wanted to testify. This is all what this comes down to. Did they want to testify? And that they only invoke their Fifth Amendment rights after felony charges were dropped against the boy.

But do the tapes conclusively prove the prosecutor dropped the ball?

We begin our coverage tonight with George Howell.

(BEGIN VIDEOTAPE)

MELINDA COLEMAN, MOTHER OF ALLEGED RAPE VICTIM: We thought we had done everything.

GEORGE HOWELL, CNN CORRESPONDENT (voice-over): It's the tape Melinda Coleman says will prove her daughter Daisy's case. Audio recordings of her conversations with prosecutor Robert Rice who at the time did not know he was being taped.

COLEMAN: I don't know what's going on, but somebody is not telling the truthful.

HOWELL: Coleman says she began taping her conversations with Rice in May 2012, about two months after he dropped felony charges against high school senior Matt Barnett for the alleged sexual assault of 14- year-old Daisy Coleman. Barnett has admitted to having sex with her but he says it was consensual.

Coleman provided the recordings to CNN because she says they prove she and her daughter did cooperate with authorities -- something Rice contests. In fact, Rice said they needed the Fifth in a deposition and understood the entire case would therefore be dismissed.

But Coleman tells OUTFRONT, that's not exactly what happened. COLEMAN: When they asked to us plead the Fifth, that was well after all the felony charges were dropped. The felony charges were dropped March 13th. They didn't approach us about pleading the Fifth until the misdemeanor charge, the one misdemeanor charge that was left, and that was the end of May, first of June.

HOWELL: It was around that time, Coleman recorded this conversation with Rice.

COLEMAN: We were always willing to testify. In fact, I didn't even know about the first deposition. I found out about that like a week ago. The one before you dropped the initial charges.

ROBERT RICE, PROSECUTOR: No, you haven't missed a deposition at all. The only deposition was this one and that was where it was explained to me that you were claiming the Fifth.

HOWELL: But as you can hear, the tape is not conclusive. Rice can be heard later in the recording saying he did everything he could to move forward with the case.

RICE: We reached out towards you to say, hey, this is the next stage and we attempted to have the contact with you whenever there is, before any sort of thing happened on any part of the case. I'm working this case like I work every case.

HOWELL: As for the Barnett family, when asked by a reporter how their son Matt is handling the reopening of the case, his mother Shirley Barnett replied, quote, "You can't have your picture plastered all over the world news and be portrayed as something when you know in your heart what happened and be OK. How can anybody in our family be OK?"

(END VIDEOTAPE)

HOWELL: Now, we reached out to Rice's office today to try to verify the authenticity of the voice you heard in that recording and to try to get some context on those recordings. But we are told in a statement, under Missouri law, Rice is restricted from commenting on the specifics of this case.

BURNETT: George, thank you very much. Covering this story for us.

And now, I want to get into the details. Obviously, you have met Daisy and Melinda Coleman. They've been on the show several times. I was talking to them today.

But prosecuting this case is difficult. Now, that the state has asked for a special prosecutor to take another look into the case, to reopen to it. Are there going to be new charges or a conviction?

OUTFRONT tonight is Paul Callan, criminal defense attorney, former New York City prosecutor.

Paul, thank you. So, let me just go through for people who haven't been watching the show every night this week. Here's what we know: Daisy Coleman freely admits and I talked to her, she has always admitted this. She was drinking at this night. She was at her home, watching movies and she was drinking with a friend.

She snuck out of her home to meet this boy, Matt Barnett, of her own free will. She was telling me tonight, you know, at that point, he's 17, she's 14. She's flattered. He's flirting with her.

She goes to his goes, sneaks into her house. At that point, the girls are separated. She was given a clear liquid, she drinks it, she doesn't remember anything else when she was found outside her home in the freezing cold.

How difficult will it be to prosecute this case? Even with her testimony at this point?

PAUL CALLAN, CNN LEGAL ANALYST: It remains a difficult case to prosecute, although, you know, her blood alcohol level was 1.3 seven hours later. So, that means that she was really drunk out of her mind --

BURNETT: Yes.

CALLAN: -- at this point in time at night when she was with Matthew. But Matthew's claim is that there are two visits to the bedroom. First, she goes into the bedroom with him and they have sex, consensual sex. Then she comes out. She drinks five to six to seven or more vodkas. They go into the bedroom a second time and do not have sex.

The claim by Matthew is that the sex occurred in the first visit to the bedroom --

BURNETT: So he's trying to say when she could consent.

CALLAN: Absolutely.

BURNETT: Because, obviously, if you're a 14-year-old girl and you're as drunk as you say, 1.3, you are not able to consent.

CALLAN: No, you're not. And that would be enough evidence circumstantially to prove the case.

BURNETT: But he's saying she wasn't drunk at the time of consent.

CALLAN: That's right. And she did consent. And he's got one of his friends --

BURNETT: She says to me she doesn't remember any.

CALLAN: She's blacked it out.

BURNETT: Right. CALLAN: But a blackout can be retroactive. You can blackout more than from the point in time you started drinking. A lot of people black out the whole night.

And he's got one additional friend who will say that she came out of the bedroom and she was totally coherent and was having a conversation. So, it's a tough case.

BURNETT: You can't do that way when they're drunk.

CALLAN: Yes.

BURNETT: What about these tapes? Because a lot comes out of the Melinda's story is that, you know, they were politically pressured to take Fifth and that they were always willing to testify. Let me just play another quick portion of this tape.

OK. I guess we don't have it.

But, anyway, basically she says, here's the bottom line in the tape. "We were always willing to testify. In fact, I did not even know about the first deposition."

So she says, we were always willing to testify.

This is what this comes down to, is when they took the Fifth? Because obviously once they were not willing to testify, it became much more difficult to prosecute.

CALLAN: And I think another thing. Why did they take the Fifth?

BURNETT: Right.

CALLAN: You know, I ran into her before I came in here tonight and had a long conversation with Melinda Coleman.

And I said, where did you get idea taking Fifth Amendment? You work in the veterinarian field. You don't know anything about the law.

BURNETT: She's a vet. That's right.

CALLAN: Do you know what she said? She said prosecutor Robert Rice brought up the idea of the Fifth Amendment. He said you can take the Fifth if you don't want to go forward with the case. And she said I never thought of Fifth before he brought it up.

BURNETT: But why would she want to go forward with the case? She said she always did. We still don't know, right, what happened here or --

CALLAN: Well, what happened was, her claim is that the case was dismissed in March. And she wanted to go forward with the case at that point in time. The prosecutor dismisses the felony charges. But now he wants to go forward with minor misdemeanor charges about leaving Daisy outside on a cold night. And they call the Colemans in to testify. And she says, "That's ridiculous. I'm not going on torture my daughter by testifying in this thing." And he said, "Well, take Fifth then." This is according to what she said to me earlier tonight.

So, I -- you know, there is miscommunication and it's a shocking set of facts I think. And I think the prosecutor has a lot of questions he's got to answer publicly about this case, and not hide behind this phony secrecy because he gave a press conference.

And he said she took Fifth during her testimony. He has already revealed part of the testimony. So, how does he get off saying, "I can't talk about it"? I'm not buying that.

BURNETT: All right. Well, we do -- we'll continue to call him and hope that he will come on and give his side of the story. Thanks very much to you, Paul.

And now our sixth story, why was a mentally disabled man gunned down by Dallas police?

Officials, officers had initially said that the man, his name is Bobby Gerald Bennett. He is 53 years old. They said he advanced with a knife on his hand in the moments before they opened fire so that it was essentially self-defense. The Dallas Police Department is now dropped the aggravated charges against Bennett and we have video for you tonight that seems to tell an entirely different story.

Kyung Lah is OUTFRONT.

(BEGIN VIDEOTAPE)

KYUNG LAH, CNN CORRESPONDENT (voice-over): A police call responding to a 911 call. A man causing a disturbance in the middle of the day armed with a knife. The two Dallas police officers approach.

The man wheels backwards on his chair. He stands up. Not stepping forward. Not raising his arms.

All this caught on Maurice Bunch's home surveillance system.

MAURICE BUNCH, NEIGHBOR: Out of nowhere, they just opened fire on him.

LAH: Less than 20 seconds after the officers exited the patrol car, Bobby Gerald Bennett was shot. A paranoid schizophrenic off his medicine, Bennett was wounded, shot four times. His mother now regrets calling the very agency she hoped would help her son.

JOYCE JACKSON, SHOOTING VICTIM'S MOTHER: It's criminal is what I think. Not one step toward the officers. He didn't even raise his arms.

LAH: But that's not what police say. According to the officer's report, they say Bennett stood up and displayed the knife in his right hand. After he was given verbal commands, a report says he took several stems toward them with a knife raised and an aggressive manner.

RICHARD LICHTEN, POLICE PRACTICES EXPERT: Watch what he does. He backs up. He's backing up away from them.

LAH: Richard is retired law enforcement and currently a police practices expert. He is not involved in the Texas investigation, but based only on this one video, he sees some problems.

First, the actual shooting.

LICHTEN: I did not see the individual going toward the officers. I didn't see the individual raise his arms up above his head as if to stab. I didn't see that.

LAH: Then comparing this video to what police say. That he raised his arm with a knife and stemmed toward officers.

LICHTEN: When I looked at that, when I look at the video, what's written in the affidavit is not consistent with the video evidence. The Dallas police chief says the police officer who shot Bennett is on administrative leave indefinitely. The police chief says he is aware of the home video and would not make further comment because of the investigation.

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LAH: We did try to reach the attorney who represents the police officer in this case. He did not respond to our request for a response.

But we did manage to reach the attorney representing Bennett's mother. He calls this video shocking, remarkably clear, and he plans on filing a federal civil rights lawsuit -- Erin.

BURNETT: Kyung, thank you very much.

And still to come, six months after the deadly terrorist attack at the Boston marathon, survivors are struggling to recover. And one of them shares his story tonight of a whole new life.

And an asteroid as powerful as several thousand atomic bombs could be on its way to Earth, as a matter of fact, when you put it that way, there could be a lot on their way. That's next.

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BURNETT: Our seventh story OUTFRONT, a giant asteroid heading towards Earth. You think it sounds like a science fiction movie, but the thing is, is that an asteroid as powerful as several thousands atomic bombs. So, planet-destroying capability shot past Earth just last month and astronomers say that same asteroid may be coming back with a potentially dangerous trajectory.

Now, all these changes may be rather small but the truth is, is that we don't know where all of the asteroids are out there that could crash Earth and we wouldn't know in time to save ourselves. That's what some astronomers say.

And Tom Foreman is OUTFRONT tonight.

Tom, it is pretty terrifying and you think about it, and people laugh and they say an asteroid, but then when you actually look at it, you realize this is deadly serious.

TOM FOREMAN, CNN CORRESPONDENT: It is, if it ever happens. I mean, the truth is this is the big fear at some point one of these things will rip in out of the cosmos and it will just slam into earth with extraordinary force and, boy, what a mess that would be.

Now, the odds are not good that's going to happen but NASA has a plan. They said, why don't you go out here and capture an asteroid and let's learn more about them. So, how do we do that?

What they want to do is launch a giant rocket that will carry out what they call an asteroid redirect vehicle, which is a fancy name for a robotic probe that will go blasting off into space with the most powerful electrical propulsion system ever. It won't really go past the stars. We do this to give you a sense how many hundreds of thousands of miles it would go to try and to find something really no bigger than this, about the size of two or three pickup trucks but it would weigh more than a couple locomotive engines.

Now, this thing would be rotating in space. So, what does our vehicle do when it gets there? I'm going to scale this down. As this redirect vehicle comes up, it deploys a giant technical space bag, and it slowly over a period of hours slides that over that spinning asteroid and squeezes down to stop the spin so they can control things, and then it all blasts back to earth.

More importantly, it blasts back to the moon, where it will go into orbit, about 40,000 miles above the moon, and there, astronauts can visit it whenever they wish, Erin, to study what's going on with that asteroid and learn more about it.

BURNETT: And hopefully, in the process of doing all this, an asteroid doesn't come and, you know, blow us all out before that.

FOREMAN: Sure.

BURNETT: All right. But they say this is going to cost a lot of money, $18 billion. We know what's going on in Washington, how do they justify it?

FOREMAN: They know taxpayers are -- some taxpayers say it's a boondoggle, some would say it's a moondoggle.

This is what the scientific community says, look, we're going to learn a tremendous amount about propulsions systems, guidance systems, solar energy, all sorts of things that really matter to us here on earth. We will also learn more about asteroids, so if one does come our way, we'll have some idea of what to do with it, and maybe we'll find more minerals in there, more things about the history of the universe. The bottom line they say, Erin, yes, it's a lot of money but that's why we call it exploration, because you never know what you might find along the way that could be a tremendous benefit to all of us.

BURNETT: Tom Foreman, thank you.

Well, OUTFRONT next -- it's been six months since the deadly bombing of the Boston marathon and one of the survivors says it's totally changed his life. You're going to see.

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BURNETT: Our eighth story OUTFRONT: six months after the deadly Boston marathon bombings' wounds are so fresh and they aren't healed, 36-year-old Jarrod Clowery is struggling to get his life to normal, standing only three feet away from the second explosion, as you can see. Jarrod miraculously survived with his legs intact, because he was jumping over that barrier. His three best friends standing by side him weren't so lucky.

I just spoke with Jarrod and talked to him how he was doing six months later.

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BURNETT (voice-over): Jarrod Clowery spent almost a month in the hospital. His doctors removed carpenter nails, ball bearings and pieces of metal from his body.

Six months later, he's deaf in one year and still has shrapnel inside him.

JARROD CLOWERY, BOSTON BOMBING SURVIVOR: Right there was a spring that still in there, that was the worst penetration, I think and then these are all pellets and there's actually one here if you want to feel it.

BURNETT (on camera): Oh, yes, you can, absolutely. You can tell it kind of moves underneath your skin.

(voice-over): But that hasn't stopped Jarrod from moving on and changing his life. What is a day like now?

CLOWERY: I get up every morning. I try to get moving as fast as I can so I don't think about, you know, I don't think about negative things so I'll have like a health shake and go right to the gym.

BURNETT: He works out three times a week and tries to stay positive, posting inspirational quotes around his apartment so he's surrounded by positive thinking. Incredibly, despite injuries, Jarrod is adamant he's been blessed.

CLOWERY: Because I'm walking and I'm talking and I get to do some great things to help people, and my friends, they got a lot worse injuries than I did, but they are -- they are in good spirits, also.

BURNETT: Three of Jarrods friends each lost a leg in the bombing and are a long way from recovering. CLOWERY: It's not the same, it not, and I had trouble with it for awhile, but I see that, you know, one of my friends said, listen, we're going to be normal. It's just going to be a different kind of normal.

BURNETT: Is it partially because they lost legs and you didn't? Has it put a rift between you in a certain way?

CLOWERYU: They call it survivors' guilt or whatever, but I was located three feet from the bomb, so I have injuries, also, and in my down time, I was getting really depressed because, geez, why are my buddies so hurt right now and I'm not? Like, how, you know, how is this happening?

But every single time I seen my buddies, the whole outlook inspires me to kind of stop being a wimp about it.

BURNETT: Just this past weekend, Jarrod went to a birthday party for one of his friends. They even managed to get out fishing this summer, and his brush with death has made him focus on what matters most, like coaching his 12-year-old son's football team. His days as a carpenter are likely over, but through the generosity of the One Fund Boston, Jarrod got a $735,000 pay out. He wants to use them for his son's education and launching a foundation.

CLOWERY: It's called Hero's Hearts Foundation and what it's going to do is recognize real heroes in situations like this and other situations, real, everyday heroes that go above and beyond.

BURNETT: Even if it means reliving the most painful moment of his life.

(on camera): It comes back to that moment you have to keep reliving that moment.

CLOWERY: You do. There is no hiding from it. You do, because in order for me to achieve what I want to achieve and that's helping kids and getting recognition for people who need it, I have to tell my story.

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BURNETT: We hope he always will.

"AC360" starts now.

ANDERSON COOPER, CNN: Erin, thanks.