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New Day Saturday

Congress Barely Met DHS Deadline; Outspoken Putin Critic Shot Dead; Iraq: Terror Group Destroying Our History; Police: Gunman Killed Seven, Then Himself; Debates over DHS Funding in Congress; Russia Investigates Killing of Boris Nemtsov; Western Youth Recruited to ISIS; Human Color Perception And Stolen Dress

Aired February 28, 2015 - 06:00   ET

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

(COMMERCIAL BREAK)

VICTOR BLACKWELL, CNN ANCHOR: Two developing stories overnight, shutdown avoided, but only temporarily, the battle on the Hill over Homeland Security funding moves now into a new phase.

CHRISTI PAUL, CNN ANCHOR: And a very outspoken Putin critic shot in the middle of Moscow two weeks after he told the media he feared President Putin would try to kill him.

BLACKWELL: Good morning. Good to have you with us. I'm Victor Blackwell.

PAUL: And I'm Christi Paul. If you were up late, guess what? So is Congress and the president.

BLACKWELL: Getting a lot a done. Breaking overnight, President Obama signs an extension to keep the Department of Homeland Security open for the next seven days.

It happens just minutes before midnight deadline and that means hundreds of thousands of TSA workers and border agents, and federal employees will continue to get paid, but again, this is only for seven days.

PAUL: Right. I mean, it was chaotic. It was a late night showdown on Capitol Hill, and again with seven days, you know, that it's just not over. Could all this could have serious consequences for House Speaker John Boehner specifically.

BLACKWELL: Yes, two senior House Republican sources tell CNN, if Boehner caves and allows for a clean long term funding bill, conservatives may stage a coup against him. CNN's Mary Moloney has more.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: -- vote, the yeas are 357 and the nays are 60, two-thirds being in the affirmative.

MARY MOLONEY, CNN CORRESPONDENT (voice-over): With the sound of the gavel, Congress compromised and passed to stop gap measure to fund the Department of Homeland Security, now, TSA screeners, border agents and federal workers can get paid and keep working.

Chaos came before the compromise, for most of the day on Friday, lawmakers seemed poised to avoid a nail-biter showdown, but when it came down to a vote to fund the department for three weeks, a shocking twist in the House to an already dramatic day on the Hill.

UNIDENTIFIED FEMALE: The joint resolution is not passed.

MOLONEY: Nearly every Democrat and a few dozen Republicans voted against it. It all comes down to playing politics. Republicans wanted a provision blocking the president's executive order on immigration, which the bill didn't have.

And Democrats didn't vote for it because they wanted to force Republicans to fund the department for the full year rather than just three weeks. As hope started to fade by the hour, House Minority Leader Nancy Pelosi told the Democrats to vote on a patch that would found the department for a week.

REP. NANCY PELOSI (D), MINORITY LEADER: We certainly want to protect the American people every minute of every day, 24/7.

MOLONEY: The House took note and passed the temporary patch. Congress is expected to continue the debate next week. Mary Moloney, CNN.

(END VIDEOTAPE)

BLACKWELL: So, how will this fight play out on Capitol Hill next week? Let's dig deeper now with CNN's Erin McPike. She joins us live from Washington. The question here is you have seven days, Erin. Are there any indications that one side will move dramatically in the other direction?

ERIN MCPIKE, CNN CORRESPONDENT: Victor, no, not at all. Now let's point out, though, that of course, the Senate yesterday passed this clean bill that would fund the Department of Homeland Security for the entire fiscal year and that passed the Senate overwhelmingly yesterday with Republican and Democratic support.

And that bill does not -- it's clean because it does not strip back President Obama's executive actions on immigration reform. So this, of course, is going to go back to the House for some more wrangling.

But conservatives want that provision that strips back President Obama's actions on immigration put into the bill. That is going to be where all of this fighting comes down next week again -- Victor.

BLACKWELL: And if they don't get it, what does this mean for the speaker?

MCPIKE: Well, conservatives, if Speaker Boehner allows that clean funding bill to come to the floor, they may stage a coup. And in fact, I want to read a comment to you that comes from Steve Womack, he is a Republican congressman from Arkansas. He is very close to the leadership. He says that it's a hell of position to be in. I just can't imagine the frustration the speaker must have now. So they're really going to hold Speaker Boehner's feet to the fire on this again -- Victor.

BLACKWELL: All right, we'll see what happens. We don't have long to wait, just a few days. Erin McPike, for us, thank you.

MCPIKE: Of course.

PAUL: Meanwhile, I want to tell you about man hunt under way right for whoever gunned down a Russian opposition leader. He's also an outspoken critic of President Vladimir Putin, one of the strongest.

Boris Nemtsov was shot dead as he walked across a bridge in Moscow last night and barely 100 yards from the Kremlin. Russia's investigative committee says investigators are scouring surveillance footage. They are questioning witnesses. This morning crowds are holding a vigil for Nemtsov at the site where he was killed. You see it there.

President Obama is urging an impartial investigation here and calls Nemtsov -- whom he personally met, by the way, in 2009, courageous and dedicated.

CNN senior international correspondent, Frederik Pleitgen joins us now live from Moscow and also joining us is CNN law enforcement analyst and former FBI assistant director, Tom Fuentes.

Gentlemen, so glad to have both of you with us. Fred, I want to start with you first. How much of a threat is it believed Nemtsov was to Putin if at all?

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Not much of a threat at all, Christi. I mean, if you look at Vladimir Putin's approval ratings here in Russia, the last fall, which actually came out just a couple of days ago hasn't met 86 percent.

So certainly there are people, who say that Vladimir Putin would have had absolutely nothing to gain by doing any harm to Mr. Nemtsov. However, of course, on this first day after this happened what the feeling is here in Moscow is one of great shock.

And I am actually at the site where all of this happened yesterday at the place where these people are holding the memorial where as you said is not even 100 yards away from the walls of the Kremlin and then people here are coming in the thousands. And many are laying down flowers. I've seen many people with tears in

their eyes going away from the sort of makeshift memorial that's been set up here. I want to take a look now at the way that the events unfolded last night.

(BEGIN VIDEOTAPE)

PLEITGEN (voice-over): Gun downed in the heart of Russia's capital. Investigators work the crime scene where Boris Nemtsov's body lay on one of the main bridges across the Moskva River.

Law enforcement officials say Nemtsov, one of Russia's most prominent opposition figures was struck in the back by several bullets.

(on camera): The killing happened right next to the Kremlin walls and right in the vicinity of St. Basil's Cathedral. Now according to authorities, Boris Nemtsov was walking here with a friend when a car stopped and the assailant immediately opened fire.

(voice-over): As mourners laid flowers and lit candles, speculation who did it? Some blamed the government of Vladimir Putin, others disagree.

UNIDENTIFIED MALE: This is a message go all of us. Hello we have the guy that works for you and the best leader, Bam, bam, bam. Who wants more? Who wants next?

UNIDENTIFIED MALE: We have people that won't to break Putin and maybe (inaudible) people and as a country, government of country how bad Putin.

PLEITGEN: It's not clear who is behind the killing, but Boris Nemtsov had many enemies. He was Russia's deputy prime minister in the late '90s, but joined the opposition after Vladimir Putin came into power and was jailed several times for criticizing the government.

Vladimir Putin condemned Nemtsov's killing and offered the family his condolences. He also launched an investigation into the murder and said it bears all of the hallmarks of a contract killing aimed at provoking unrest.

Ilya Yashin is a friend and political ally of Nemtsov's, he was one of the first at the scene of the murder and strongly criticizes Russia's president.

I don't know who ordered the shooting or who pulled the trigger, he tells me, but I strongly believe it is Russia's government and personally, Vladimir Putin, who are responsible for it.

Vladimir Putin is responsible for creating the atmosphere of hatred in our country. They've incited hatred for all dissidents and for Boris Nemtsov.

Nemtsov was set to take part in an opposition rally criticizing Russia's role in the Ukraine conflict this Sunday instead there will now be a march of mourning for one of Russia's most eloquent opposition voices brutally silenced forever.

(END VIDEOTAPE)

PLEITGEN: And of course, the big question here today, Christie, is whether or not the killing of Boris Nemtsov is going to galvanize the opposition whether many people will show up tomorrow at that mourners rally or whether people will simply be afraid.

In the meantime, of course, the investigation is moving forward. The Russian authorities told us recently on the one hand, as you said, that they're scouring through that surveillance video.

But that they've also spoken to many witnesses including the woman, who was apparently with Nemtsov at the time, who was apparently a friend who was visiting from Ukraine -- Christi.

PAUL: All right, Fred, stick with us here because I want to get to you, Tom. In May of last year, Nemtsov spoke with Anthony Bourdain for "PARTS UNKNOWN." Take a listen to this.

(BEGIN VIDEO CLIP)

ANTHONY BOURDAIN, HOST, CNN'S "PARTS UNKNOWN": Critics of the government and critics of Putin, bad things seemed to happen to them.

BORIS NEMTSOV: Yes, unfortunately, existing power represent what I say Russia of 19th Century not of 21st.

(END VIDEO CLIP)

PAUL: OK. So here is the other thing, Tom, he spoke with the news media in Russia two weeks ago. Here is what he said. I am afraid Putin will kill me. I believe that he was the one who unleashed the war on Ukraine. I couldn't dislike him more.

Now you coupled that with some other things that have happened. Other critics of Putin in just the last few years, one accused Putin of corruption and he wind up spending ten years in prison and labor camp.

Another accused state security services of organizing a coup to put Putin in power. He was poisoned by a lethal dose of radioactive polonium and then you have Victor Roshenko, former Ukrainian president who was poisoned.

When you put all of that together, how much confidence do you have that this investigation will be forthcoming?

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, they'll have an investigation, Christi. It's just they won't find anybody so I think the odds of, you know, bringing somebody to trial and that will be traced back to Putin is about zero or close to zero.

I think that, you know, in this case really one question that you have with all of these people is, are there other people that would stand to gain from their death besides Putin.

In the case of Putin, there's nobody that poses a threat anywhere in the world to Putin at the moment. Not Nemtsov, not Barack Obama, not the United Nations, not the Europeans, nobody. He is in control permanently as long as he wants to be in control.

And you know, his approval ratings, doctored or not, indicate that there's nothing that's going to change in the government of Russia or the leadership of Putin at all and so the investigation here doesn't matter.

Now another question to ask yourself is, you know, it's known that there is division within the ranks of the activists, within the ranks of the democratic movement.

So who else would stand to gain? But Putin didn't need him dead and obviously Putin may stand to gain, but who else might stand to gain. It could be another activist that had him murdered and makes Putin look bad.

May add strike to the democratic movement and who else can move up into a leadership position and take Nemtsov's place? So there are other people that stand to gain besides Putin in his death.

PAUL: Yes, it's a very good point. We need to point there is absolutely no evidence that President Putin is involved in any way here, but real quickly, Fred, we only have a couple of seconds. Guns are not readily available in Russia, however, the way that maybe we would think they are here in the U.S. So is that part of the intrigue here?

FUENTES: They're readily available for gangsters, but the degree of Russian organized crime in that country is rampant. It's no problem getting a gun for professional killers in that country as rampant, you know, that it's no problem getting a gun for professional killers in that country.

PAUL: All righty, Tom Fuentes and Fred Pleitgen, we appreciate both of you. Thank you.

FUENTES: Thank you.

BLACKWELL: Iraqi officials are slamming ISIS for destroying antiquities that are thousands of years old. We will tell you what they're saying.

PAUL: Plus, the latest on a house to house shooting rampage. Seven people shot to death. What we know this morning.

(COMMERCIAL BREAK)

PAUL: All righty, 16 minutes past the hour, new this morning, Iraq's prime minister has some strong words for ISIS today. He called the terror group barbarians destroying the country's cultural heritage after they released this video and look at this.

Militants smashing dozens of ancient statues to death and knocking them over even using sledgehammers. ISIS says the video was shot in a museum in Mosul and a militant explains in the video that, quote, "God ordered them to destroy the artifacts." Let's go to CNN senior international correspondent, Ben Wedeman. He

is in Erbil, Iraq. So Ben, do we know specifically what was destroyed and the significance of this to the Iraqi people?

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, the significance is beyond doubt. This is a museum that holds some of the treasures of a civilization that goes back thousands of years before the birth of Christ. What we heard from the Iraqi prime minister is he reiterated the call by UNESCO, the United Nations Cultural Organization for an emergency meeting of the U.N. Security Council to discuss how these -- this heritage can be protected.

Keep in mind that the area of Iraq currently is under the control of ISIS contains somewhere between 1,700 and 1,800 registered historical archaeological sites, which we know are being looted by ISIS.

PAUL: And there's concern that they could sell some of these. They will sell them on the black market. They're already so good at financing.

WEDEMAN: Yes, we understand it's not a question of what they could do, but what they are doing. We understand from sources in Mosul that many of the items you don't see in that video from ISIS have already been sold on to the international black market for antiquities, which is booming at the moment.

When you take into account that an instability all over the region and not just here but in Syria, Egypt, Libya, and elsewhere.

PAUL: All right, so Ben Wedeman, we appreciate it this morning. Thank you.

BLACKWELL: All right, so it's the weekend, you know what that means? There's another winter storm to worry about. We've got today's winter weather advisory affecting about 40 million Americans.

Also, we have the latest on this house to house shooting rampage that ended with seven people shot to death in a quiet south east Missouri town.

(COMMERCIAL BREAK)

BLACKWELL: So this is a look at Dallas a few days ago actually yesterday. Today, they're getting slammed again. Meteorologist Ivan Cabrera joins me now with the latest on today's winter storm. And so what are they getting?

IVAN CABRERA, AMS METEOROLOGIST: You know what they got yesterday?

BLACKWELL: Yes.

CABRERA: A couple of inches. Does that remind you of anything? Snow jam in Atlanta last year so this is what happens in some of the cities, you get a couple of inches, and you get yourself in trouble here.

I don't expect additional snowfall accumulation, but what we do have out there is very cold temperatures and we have freezing drizzle and some freezing rain coming out of the sky here so be very careful if you're going to be driving the roads are still slick.

By later this afternoon, you're going warm up in at least into the 40s where things will begin to melt and will be in much better shape. A little bit of snow fall to the north as well.

That's just the leading edge of what eventually be our next winter storm, which will head out of the four corner states and then head up into the Midwest and eventually end up by Monday morning, yes, again in Boston with additional accumulations. We're talking anywhere from four to six inches.

There's the stripe of snow fall here only some of us are getting it, but here on the south east the good news is it will begin warming things up. So no couple of inches, snarling traffic here. Temperatures warming into the 60s as we get into March finally -- guys.

BLACKWELL: All right, Ivan, thank you very much -- Christi.

PAUL: So investigators in Missouri are trying to decipher the motive behind the house to house killing spree that left seven people shot to death in four different crime scenes here.

The scene of this rampage was the small rural town of Tyrone. This is in Southeast Missouri. Most of its 50 residence know each other here. They don't even lock their doors at night. CNN's Will Ripley has the details for us.

(BEGIN VIDEOTAPE)

WILL RIPLEY, CNN CORRESPONDENT (voice-over): There's no stoplight in Tyrone, Missouri, no post office or even a gas station, but this tiny town is the scene of the deadly mass shooting in recent Missouri history.

JOHN SHRIVER, NEIGHBOR: I did not see it or hear it first. She was doubled over like a bunch of clothes or something. Just kind of bent over forward, and her head was down on the floor.

RIPLEY: John Shriver got a phone call to go to his cousin's house down the street.

SHRIVER: When I got him by the arm, you know, it just -- you could tell that he was dead already.

RIPLEY: Shriver thinks his cousin and wife were killed quickly. The car and washing machine still running and their 13-year-old son alive and terrified in the back bedroom.

(on camera): He was in shock?

SHRIVER: I would say.

RIPLEY (voice-over): The house one of six crime screens and nine deaths. Seven people shot and killed, four from the same family less than three miles apart. The gunman's mother was apparently dead of natural causes. Police is investigating if her death somehow triggered the rampage.

JEFF KINDER, SPOKESMAN, MISSOURI STATE HIGHWAY PATROL: You know what? In our job we see a lot of bad stuff. This is bad and also hard on the police officers that are working that there. It's not natural to see that sort of thing. RIPLEY: The Missouri State Highway Patrol said that the gunman, Joseph Aldrich, killed himself. Authorities say he had only a minor criminal history and nothing to foreshadow something like this. Many in this quiet corner of Southeast Missouri say they do not even look their doors.

SCOTT DILL, SUPERINTENDENT, HOUSE R-1 SCHOOL DISTRICT: My concern is children, and so our kids are having a really tough time, a wide variety of emotions and shock and tears, a lot of questions.

RIPLEY: Investigators working to figure out why someone would want to kill nearly an entire family. Hoping the sole survivor now in the hospital can provide answers.

(on camera): How is your community going to move forward from this?

DILL: One day at a time as a family. This community is based in faith and family. I have seen them come through some very difficult situations not inclined to this, of course.

RIPLEY: A massacre in a Missouri town and the few left behind the wonder why. Will Ripley, CNN, Tyrone, Missouri.

(END VIDEOTAPE)

BLACKWELL: Our thanks to Will for that report this morning. Another international search for a group of teenagers possibly lured to the Middle East to fight for ISIS. So just how is this terror group having success recruiting educated teenagers from the U.K., Canada and all over the world?

(COMMERCIAL BREAK)

PAUL: You know just hours before a midnight deadline lawmakers approved a one week funding extension for the Department of Homeland Security. Late last night President Obama signed the bill and it expires next Friday. The Democrats are vowing to reject any Republican measure that would tie DHS funding to legislature that rolls back the president's immigration orders. In the meantime House speaker John Boehner's job could be on the line. Two senior House Republican sources tell CNN, if Boehner caves and allows a clean funding bill, conservatives may stage a cue against him.

BLACKWELL: Russia's investigative committee says the killing of an outspoken critic of President Vladimir Putin was carefully planned. Boris Nemtsov was gunned down as he walked across a bridge in Moscow last night. Officials say, whomever killed him knew that route that he was taking. Just a few days ago Nemtsov reportedly told a Russian news website that he feared that Kremlin would try to kill him. The President Putin had condemned the shooter.

PAUL: If you might have ever guessed, that this schoolboy would become an ISIS executioner. Take a look at that face. There's a new image of Muhammad Emwazi born in Kuwait, raised in London. We and the world know him as Jihadi John. But he is now infamous as the taunting masked killer in a number of brutal ISIS videos. BLACKWELL: Canadian authorities are raising to hunt down at least for four missing teenagers, feared to be in or in route to the Middle East to join ISIS. Officials believe they flew from Montreal to Turkey in mid-January. Now, it's unclear where they are now. And the case marks the latest at a string of disturbing defections by Westerners lured by this Islamist group. CNN's Paula Newton has the latest from Montreal.

(BEGIN VIDEOTAPE)

PAULA NEWTON, CNN CORRESPONDENT: Smart, kind and normal, that's how many are describing 18-year-old Shaima Sanusi, a bright young student now missing in the Middle East and possibly on her way to join ISIS in Syria.

At the Montreal High School she once attended students say she was well liked and social. Andy Xaio knew Shaima, she was his tutor a couple of years ago.

(on camera): What was her impression of her when she was tutoring you?

ANDY XAIO, STUDENT OF ONE OF MISSING TEENS: I just knew she was very smart. She - she's a normal girl. So --

NEWTON: And did you get the impression then that she was very religious?

XAIO: No, not really.

NEWTON: No.

XAIO: It was just like normal talk.

NEWTON: Normal talk, that's how it seemed to those who knew Shaima until she went missing earlier this year. One of at least four possibly more young people from Montreal whose families fear they have been lured into joining ISIS.

Three of the missing teens attended this community college across town, and at least one attended classes taught by Adil Sharkawi (ph), a Muslim preacher who's been accused by the college of spreading hate speech in the classrooms he used for teaching Arabic and the Koran. Sharkawi is known to security officials. In 2003, police alleged he was an al Qaeda sleeper agent who received training in Afghanistan. He spent six years being watched by Canadian authorities. But in 2009 courts determined he was not a security threat. Sharkawi says he only met one of the missing students on a couple of occasions and he says he's just trying to integrate young Muslims, not radicalize them. Still, Sharkawi and his classes have been suspended from campus, while police tried to determine what could have led these teens to possibly join ISIS. Paula Newton, CNN, Montreal.

(END VIDEOTAPE)

PAUL: So, this story comes as British investigators are hunting for three missing teenagers who may also be in route to joining ISIS. Let's talk about this with human rights lawyer, Aamer Anwar and CNN military analyst Major General Spider Marks. Gentlemen, thank you for being with us. Aamer, I'd like to start with you because I know that you're the attorney for the parents of the so called Jihadi bride who officials believe lured the girls over social media. Help us understand why do you believe ISIS has been able to convince educated teens, teens who are active in their families to join this fight?

AAMER ANWAR, ATTORNEY, MAHMOUD FAMILY: Well I don't think that there's any one - it's a very complex set of reasons. But ISIS, unlike al Qaeda are much ahead of the game when it comes to the social media platform. There's no reason why bright young, kind, students would not be joining, because ISIS is selling a package.

I don't think that they're particularly selling the package openly or being involved in beheadings or perverted, distorted, twisted interpretation of Islam, but what this is showing, when you go on to the social media platforms, whether it be Aqsa Mahmoud, the Jihadi bride, as she's called in this country, or others, all they are showing is pictures of young men with beards. They're showing women with hijabs, you know, looking down of the barrels of the gun and they're being told the package that you come here, you have a ticket to paradise and you're fighting a holy war and people in this country, many young people in this country, are actually angered by the double standards and the question of (INAUDIBLE).

Now, the problem is this, for the last decade our authorities and security services are concentrated on the imams, on the mosques. But in doing so, there's no dialogue, no discussion, no debate that takes place in the communities anymore. Because they thought you are scared, which allows then for these young people to engage in a discussion on a vacuum is entered by the likes of ISIS who provide them the wrong conclusions and the wrong solutions and they're concentrating these young people because they're high value recruits, which means they very quickly become like Aqsa Mahmoud did, the poster girls for ISIS, which then attracts further more. And every generation, I mean there's been hysterical reactions, but I would also put it like this. Last weekend we had two 15 years olds, a 16-year old that left this country to go to Syria. It's very much a process of grooming.

PAUL: Absolutely.

ANWAR: And unless we start to deal with it as child protection issues, then we will be - continue to lose the battle against ISIS and others that may well replace them in the future.

PAUL: OK, Major General Marks, so I wanted to ask you it seems like all roads to terror go through Turkey. Everybody is seeking to get through that border to Syria. Do we know, why are those borders not more secured? And what is Turkey's role here?

MAJOR GENERAL SPIDER MARKS: Christi, Turkey plays an incredibly important role, and it's an amazingly complex challenge that we have. Look, Turkey in the United States have a very, very long history. They're both members of NATO, they are very strong allies. Turkey has a very modern military, it's a secular government. All of these confluences of interest. The challenge is that Turkey right now has on its southern border two failed states. They have Syria and Iraq. They - Turkey is not primarily concerned with ISIS, they are primarily concerned with the cause of the failed states, which is that government of Assad.

So, what is taking place in Damascus, has Ankara mostly concerned. And the United States has not stepped up and said, we will act aggressively to assist in the toppling and the turnover of Assad, and then trying to get in the more reasonable government. So it really starts there, then it gets far more complicated with the Turkish fight against ISIS and the border region primarily concentrated around Kobani, so it's this mix of challenges and we can't get it straight. We have not zeroed in on what the challenges fundamentally that we can both agree on.

PAUL: OK. OK. Aamer Anwar and Major General Spider Marks, we appreciate your insight. Gentlemen, thank you.

MARKS: Thanks, Christi.

BLACKWELL: Well, this unarmed man you are about to see here was shot by Texas police officer. Well, he is also undocumented. You will understand soon why the Mexican government is demanding a full investigation.

(COMMERCIAL BREAK)

BLACKWELL: Mexico is demanding an investigation into the shooting deaths of an unarmed, undocumented immigrant in Texas. The 31-year old was shot by a police officer after a high speed car chase. CNN's Alina Machado has details.

(BEGIN VIDEOTAPE)

ALINA MACHADO, CNN CORRESPONDENT: As police in Euless, Texas, investigates the shooting death of Ruben Villalpando, the family of the 31-year old wants the dash cam video released to the public. Villalpando's brother-in-law tells CNN affiliate KUVN the family has seen the video.

FERNANDO ROMERO, BROTHER-IN-LAW OF RUBEN VILLALPANDO (through translator): The officer tells him put your hands up. He does that. With his body language you can tell he's showing the officer, here I am.

MACHADO: Minutes before Grapevine police officer Robert Clark was responding to a possible burglary at a business. According to a police statement, when he saw Villalpando's car nearby, "Officer Clark activates the red and blue emergency lights of his patrol vehicle, a high speed chase followed and Villalpando eventually stopped on a busy highway where "Mr. Villalpando gets out of the car with his hands up and stands outside his car while Officer Clark commands him to stop. Officer Clark gives him further commands to not move. But according to police, Villalpando continued "to walk towards Officer Clark." The shooting itself is not seen on the video, but police say you can hear the interaction between the two. Villalpando's family describes what they say happens next.

ROMERO: After he takes a step off camera you hear the two gunshots.

(END VIDEOTAPE)

MACHADO: For now Officer Clark is on administrative duty. He has been with the Grapevine police department for less than a year. Because the incident happened in Euless, Euless there are conducting the criminal investigation. A spokesperson for Euless police tells CNN they want to keep the dash cam video out of the public eye for now until they wrap up their investigation. They say they don't want it to influence any potential witnesses. Victor.

ROMERO: Alina Machado, thank you so much.

PAUL: Still coming up, the trial for Boston Marathon bombing suspect Dzhokhar Tsarnaev is expected to get under way this week. But there's a big question attached to this. Can he really get a fair and impartial jury?

BLACKWELL: Then the brutal killing of an American blogger. Why he may have been killed. The details, next.

(COMMERCIAL BREAK)

BLACKWELL: It was the story that terrorized Boston. Now new this morning: a court has ruled the marathon bombing trial will stay in Boston. A federal appeals court denied a petition to change the venue for the trial of Dzhokhar Tsarnaev. So, that means jury selection is scheduled for this coming Tuesday. Let's bring in HLN legal analyst and criminal defense attorney Joey Jackson. So, Joey, first, good morning to you.

JOEY JACKSON, HLN LEGAL ANALYST: Good morning, Victor.

BLACKWELL: Where does the defense team go from here? Can they file another appeal or it's going to start now?

JACKSON: You know, Victor, I think that's what we'll see. Remember what happened is, is that they have been appealed. This is about the third time that they have asked this judge. Initially, if you remember, back in September of last year before the trial began they said we can't get a fair trial here. We did an independent assessment. That is the defense team. And it showed that there were such tensions that were inflamed in that community. Our client cannot get a fair trial. Judge O'Toole said, denied. Then, of course, on the eve of trial because trial was slated to begin in November, they, of course, petitioned the defense team to move the trial to September of this year. The judge said, no, we will give you two months. But they again renewed their request for a change of venue, the judge said no.

And then, of course, again, the third time they did, and when O'Toole said no, they brought it to the appellate division. A three judge panel said no, but I think what you could see is the defense team petition the court what they call on bank. In an on bank proceeding, all of the six judges would make a decision as opposed to the three. The final point to that, Victor, remember, the way the criminal system works is that you have panels that proceed in a majority vote.

And so, you had one of the three judges who was very clear in the line, which then dissented and said hey, wait a second, if this is not a case for a change of venue, I really couldn't imagine one that would be, and so a divided court, two to one, but still, a denial and saying the trial to proceed right there in Boston.

BLACKWELL: And let me read you part of what that a dissenting judge wrote. Just put it up on the screen here. Unparalleled in American legal history, he describes the coverage from the date of the bombing. He says, it is absurd to suggest that Tsarnaev will receive a fair and impartial trial. What do you think? Do you think it's possible he will get a fair and impartial trial?

JACKSON: You know, Victor, it's very difficult, because you are talking about just such an act of terrorism that affected that community in such a tremendous way. And I get and I understand that you have 5 million people who are in that eastern district and those could be potentially jurors and you only need 12 and six alternates, but at the same time, I think, you can make the argument that it really affected the community in such in unparalleled way that it would be difficult to get a juror who would give him the presumption of innocence, and, you know, so when you look at it that way, I think a fair trial in that particular community would be very difficult.

Of course, the attorneys want to move it to Washington D.C., but the judges have said no, who knows again, you're not as a matter of right entitled to an review with the six judged, but I think you will see the defense petition for that and we will see what in the event that the federal court is OK, we'll hear it collectively, we will see whether they change their tune or if they continue to say listen, we're going to hold this trial, we're going to hold it here in Boston.

BLACKWELL: All right. We will see what happens next. Joey Jackson, thank you very much.

JACKSON: Thank you, Victor.

BLACKWELL: We will see you next hour. Christi?

PAUL: Already. I don't even know if Joey could solve this one. Two big things stolen. An Oscar dress and a NASCAR car. How does that happen? We will tell you.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: In 1975, Elton John released Philadelphia Freedom. Which became one of his many number one singles. What many people don't know, though, is that it was written as an homage to Billie Jean King who played for the Philadelphia Freedoms of the World team tennis league.

BILLIE JEAN KING: Elton wrote that song for me, and the reason he wrote that song, is he used to come and sit on the bench and watch me actually play. We were going to a concert, and he said I want to write song for you, and I'm thinking, I thought it was teasing. Oh, you are joking, right? He goes, no, I'm not. What are - what are we going to call it? And he goes, what about Philadelphia Freedom? You know, he's real hyper and I said that'd be great gift to the people of Philly?

UNIDENTIFIED MALE: You do realize that's about the coolest thing in the history of the world? That Elton John wrote --

BILLIE JEAN KING: We have the greatest --

UNIDENTIFIED MALE: And a good song.

KING: No, it's great. And, of course, he is so unbelievable. Mostly as a friend he was just even better to have written that song and then have it be such a hit. And first, I owned the Philadelphia Freedom song in the league, so it has come full circle. It's the best thing that your song as for team could ever dream of -- .

(END VIDEOTAPE)

(COMMERCIAL BREAK)

BLACKWELL: One NASCAR racer left without his car ahead of a race this Sunday. Authorities are searching for the car of Travis Kvapil. He - it was stolen from a hotel parking lot near the Atlanta Motor Speedway.

PAUL: How does that happen?

BLACKWELL: It's a car. It's a NASCAR. You snatch it.

PAUL: You're not going to drive it down the freeway.

BLACKWELL: And no one is going to notice, right? So, they're still looking for that, of course. Also, Los Angeles police may have found an Oscar-winning actress's missing dress. Actress Lupita Nyong'o said the $150,000 pearl encrusted dress she wore the last Sunday at Academy Awards was stolen from hotel room. Well, the LAPD says, it got a tip and looked in an abandoned bathroom at the hotel. They found a garbage bag and inside it, a dress that looks a lot like the one that Lupita wore. I don't know if there are other pearl encrusted dresses. I am sure that's the one.

PAUL: Yeah, I would hope so, so you know, I know that you have made up your mind about what color the dang dress is.

BLACKWELL: Absolutely.

PAUL: A little black, one gold --

BLACKWELL: I'm so tired of this damned dress.

PAUL: Well, let me tell you something. Jeanne Moos has taken a look not just at the heated debate, but at an angle that you might not have thought of up to this point. (BEGIN VIDEO CLIP)

JEANNE MOOS, CNN CORRESPONDENT: Would somebody please put this dress back in the closet?

UNIDENTIFIED MALE: Blue and black.

UNIDENTIFIED MALE: Tan and white.

UNIDENTIFIED MALE: Blue and black.

MOOS: Well, I saw white and gold and anyone who says differently is nuts.

Not since the Monica Lewinsky scandal has there been such a frenzy over a blue dress. Or maybe you see it as gold.

UNIDENTIFIED FEMALE: It's crazy. I love it, but I hate it.

UNIDENTIFIED FEMALE: It's a conspiracy by the way, to make the blue and black look crazy.

MOOS: How can people look at the exact same photo and see different colors? Better asking imminent ophthalmologist.

UNIDENTIFIED FEMALE: And people who've spent their life studying this, tell me that they know this exists, but that in the 30 or 40 years in their careers they have never seen a single picture bring out the difference like this one is.

MOOS: What? Taylor Swift tweeted "I'm confused and scared. P.S., it's obviously blue and black." Speaker of the House John Boehner concurred on hashtag "The dress".

UNIDENTIFIED FEMALE: "All our perceptions are colored by corkiness (ph) of our wiring."

MOOS: Dr. Julia Howard (ph) says individuals differ in how we perceive color and there's something about the lighting, the angle and the digital quality of this image that makes our brain susceptible to processing it, by adding or subtracting white light.

(on camera): Does anybody get this?

UNIDENTIFIED FEMALE: I can officially compare that the - blue with black trimming.

MOOS: The company that sells the dress for 77 bucks says sales of this particular design are up 850 percent and they start to making it in white and gold.

UNIDENTIFIED FEMALE: If I could find a dress that changed colors for different people, I would buy it.

MOOS: But in this case, it's the image, not the dress that changes color, or some changes right before their eyes. (on camera): Now the black is gold.

UNIDENTIFIED FEMALE: I know I am old, but I am not dead yet.

MOOS (voice over): You're confident that you understand this?

While scientists grapple, Legos made their own versions of the dress and those runaway lamas that captured America's heart, were soon wearing black and blue and white and gold.

This is like the Mona Lisa of ophthalmology.

(LAUGHTER)

Jeanne Moos, CNN.

UNIDENTIFIED FEMALE: Leonardo would have loved that.

MOOS: New York.

(END VIDEOTAPE)