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New Day Saturday

Report: North Korea Tests New Ballistic Missile; Security Level Raises At U.S. Military Bases; Russia Honors 70th Anniversary of WWII Victory; Hail, Flash Floods Slam Oklahoma; Bipolar Man in Maniac Episode Dies in Solitary Cell; Justice for Unborn Baby Killed in DUI Accident. Aired 6-7a ET.

Aired May 09, 2015 - 06:00   ET

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

(COMMERCIAL BREAK)

[06:00:07] VICTOR BLACKWELL, CNN ANCHOR: Breaking this morning, North Korea says it's launched a ballistic missile from underwater. If they have, that's a major advance for its military.

ALISON KOSIK, CNN GUEST ANCHOR: A developing story in the U.S. military bases raise the security level over an ISIS threat.

BLACKWELL: Also new this morning, nine Georgia deputies fired in connection with the death of a 21-year-old Savannah student who died in an isolation cell. Could criminal charges be next?

Look at your screen. Look at what an x-ray machine revealed at an airport, an 8-year-old boy found bundled up in a suitcase.

KOSIK: Good morning, everyone. I'm Alison Kosik in for Christi Paul, who is sleeping late this morning.

BLACKWELL: Good to have you in with us. I'm Victor Blackwell. Good to have you as well.

We begin with breaking news this morning, the troubling developments out of North Korea. The country fired three rockets off the eastern coast it says. South Korean defense official tells CNN that the launches took place early today.

All this as state TV report that Kim Jong Un, its leader, has also test fired a new underwater ballistic missile. He describes it as a time bomb, which will go off on the backs of hostile enemies at any time.

Let's bring in CNN's Kathy Novak. She's live this morning in South Korea's capital there in Seoul. Get us up to speed.

KATHY NOVAK, CNN CORRESPONDENT: That breaking news you referred to just coming in to CNN from South Korea's defense ministry confirming to us that North Korea has fired three ship to ship missiles off the coast into the sea.

All of this as we've been seeing these pictures today of Kim Jong Un apparently watching the successful test of a missile from underwater into the sky. He's calling this a miraculous achievement saying it would make the hostile enemies of North Korea to have trouble sleeping.

Of course, we know when he's talking about the hostile enemies of North Korea, he's referring to South Korea and the United States. When it comes to these pictures, Victor, we cannot independently verify their authenticity, of course.

We have reached out to the South Korean government. They're not commenting on those pictures so far. They would, as you say, represent a significant development in terms of North Korea's capability.

We know that North Korea had been wanting to develop this kind of military technology for some time. If these pictures prove to be real, they would be presenting quite a concern for countries in the region and the United States.

BLACKWELL: Yes, and it's always been difficult to confirm the claims of launches because North Korea notoriously is secretive. Hopefully we'll learn more today. Kathy Novak, thank you so much.

KOSIK: Also this morning, the security threat level at U.S. military bases remains at bravo. That means an increased and predictable threat of terrorism. The Pentagon raised security conditions after growing concerns of jihadist threats.

CNN chief national security correspondent, Jim Sciutto, has details.

(BEGIN VIDEOTAPE)

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT (voice-over): The U.S. military is raising the security level at every base across the country as concerns grow over the threat from ISIS. It was the shooting in Texas on Sunday that prompted the increased security measures.

Though the military says the step is not tied to a specific credible threat, saying we have the same concern about the potential threat posed by violent homegrown extremists.

The security level has now increased to bravo, a ranking signifying an increased and predictable threat of terrorism. U.S. bases generally have not been on this level since the 10th anniversary of 9/11.

LT. COL. RICK FRANCONA (RETIRED), CNN MILITARY ANALYST: Not only do you have to secure the access to those bases, you have to ramp security on the post itself. So this is going to be a big operation for the security forces of all of the services.

SCUITTO: The Texas shooting is highlighting the threat from ISIS supporters hiding within the United States.

UNIDENTIFIED MALE: Groups like ISIL or al Qaeda now are calling publicly for attacks in the west of people who they would have never recruited specifically. They have never trained, never even met. Someone could decide on their own to answer that call with little or no notice.

SCIUTTO: U.S. authorities are investigating hundreds of people in the U.S., who have some social media link to ISIS, a severe challenge for law enforcement to keep tabs on.

LORETTA LYNCH, U.S. ATTORNEY GENERAL: It really is an expansion of how the internet has been used frankly for several years now, both in recruitment and radicalization of young people to join terrorist groups.

(END VIDEOTAPE)

[06:05:13] BLACKWELL: All right, let's bring in Anthony Lemieux, investigator for the National Center for the Study Of Terrorism and Responses To Terrorism, and also Lt. General Mark Hertling, CNN military analyst.

General, I'm going to start with you. Why raise the security level when they also say that there's no specific threat and time to it?

LT. GENERAL MARK HERTLING, CNN MILITARY ANALYST: Let me put in perspective first, Victor, when I commanded U.S. forces in Europe, we were continuously at force protection bravo, which is the measure that northern command has up in the United States.

What this means is you want more situational awareness, you want to practice some drills and security increases across bases. So what it means is you're going to have more I.D. card checks at gates, enforce civilian guards with military policemen.

You're going to do more patrols not only on the base itself but within the housing area. For a naval base, more small boats conducting reconnaissance around bigger ships, more patrols around aircraft on Air Force bases.

So all of these things are to increase awareness and to practice some drills, you do this in order to just be ready for any kind of threat.

With the security conditions the way they are around the world and what we've seen in different countries and in some places in the United States, this is a prudent measure by the north com commander.

BLACKWELL: Anthony, we had an analyst on the network yesterday who questioned the wisdom of announcing the changes and the increase in the security level. As a journalist, I always want to know. There is an argument that some are making.

ANTHONY LEMEUX, INVESTIGATOR, NATIONAL CENTER FOR THE STUDY OF TERRORISM: I think it is important, though, again as we in -- what was being mentioned, it raises that level of situational awareness. Not just with the people on the base, but maybe a little bit more broadly.

One of the problems with the awareness system is oftentimes, you know, you might know to be more aware. What specifically are you looking for and what are the skills involved. That's I think a question that goes a little bit more broad.

BLACKWELL: You know, this is specifically for the military and military bases. When we see that color coded chart, many people think back to the 9/11 era. That was phased out in 2011 and replaced by the terrorism advisory system.

I checked this. In 4-1/2 years, there's never been an alert issued, imminent threat or attack, this is the Twitter page. It's been up since January 2011 through the Boston bombing, through the hatchet attacks, Garland, Texas, never issued an alert.

Let's go to the Facebook page. Facebook page has tens of thousands of followers. Never any alert from homeland security. What's the value of this? We know the federal authorities knew something was targeted in Garland.

LEMEUX: I think in that instance, they were able to communicate very quickly and effectively with law enforcement, who are on the scene and able to prepare an appropriate response.

So in that instance, the right information got to the right people at the right time and staved off a potentially more impactful and catastrophic event. They really kind of mitigated the threat effectively.

BLACKWELL: FBI Director James Comey said that there are thousands potentially of Elton Simpsons, also saying there are investigations or people they're following in 50 states. How difficult is it to monitor all of these?

LEMEUX: I think there's a key difference between the people who are providing more passive support or kind of re-tweeting links or images or links or other things and other individuals who might be more inclined to become active.

That's still an exceptionally small slice even though there's quite a few followers and who might adhere to the ideological tenets doesn't equate to action. I think that's where a lot of the investigative efforts, the following, the tracking focuses in. That's an ongoing challenge to figure out where it is.

BLACKWELL: General Hertling, what would an attack on a U.S. military base mean for these ISIS supporters, the value of propaganda?

HERTLING: It would be huge if it occurs. I don't see a military base being a target. One of the things going back to your previous question, one of reasons for announcing it, you can't get away from it.

If you drive up to a military base, there's a sign that says force protection is and it tells anyone what's going on. I think it would be a propaganda victory. I don't think it will occur. The more important piece is this shows that there are no frontlines in this battlefield today. These extreme ideologies are around us everywhere. Actually, it's a good idea for the military to say we're upping our levels of awareness. The civilian population ought to do the same thing and be situationally aware of what's going on around you.

BLACKWELL: All right, always good advice. Anthony Lemeux, Lt. General Mark Hertling, thank you both.

[06:10:12] And a programming note, watch "FAREED ZAKARIA's" special on ISIS called "Blindsided." That airs Monday night at 9:00 p.m. Eastern right here on CNN -- Alison.

KOSIK: It's Russia's biggest show of strength.

(VIDEO CLIP)

KOSIK: We'll take you live to Moscow where thousands of troops and nuclear weapons were on full display at a massive parade celebrating the end of World War II.

Plus, many states today are bracing for possible tornadoes and flooding and hail. This as Tropical Storm Ana approaches the Carolina Coast. We'll get you caught up on all of that.

Plus, an out of control bus, an oncoming train and the surveillance video that shows how it all ends.

(COMMERCIAL BREAK)

BLACKWELL: Take a look at what's happening in Moscow this morning, Russia's vast army on full display. The nation celebrating the annual victory day marking 70 years since the allied forces defeated the Nazis in Germany in the Second World War.

But this year, many world leaders, including President Obama, boycotted the event because of Russia's aggression against Ukraine. Now, in a speech, President Putin paid tribute to the sacrifices of the troops during World War II.

More than 26 million Soviets were killed in the war. That's about a quarter of the entire population.

[06:15:08] KOSIK: CNN's senior international correspondent, Matthew Chance is live in Moscow, and CNN's former Moscow bureau chief, Jill Dougherty is in Washington.

Let me first start with you, Matthew. Can you go ahead and put the significance of this day in perspective for us?

MATTHEW CHANCE, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, the significance from a Russian point of view is it's very strong indeed. Many Russians, millions of Russians all over the country and the world, in fact, regard the victory against Nazi Germany in 1945 as perhaps the country's biggest achievement.

It was an enormous sacrifice. You mentioned that figure, 26 million people in the Soviet Union died, the vast majority of them Russians themselves. And it touched every single family in the country. So it's still very much honored and very much remembered in this country.

So a day like this is not just about show of strength. There is that. It's also about national pride. I think that's why many Russians were offended by the fact that President Obama and other western leaders decided to snub their invitation to attend the victory day event this year.

KOSIK: Why were the invitations snubbed?

CHANCE: Well, I mean, because I think it was deemed inappropriate in western capitals and Washington, elsewhere, for President Obama and other European Union leaders for the most part to stand shoulder to shoulder with Vladimir Putin.

At a time when the western Russia are engaged in a standoff over Ukraine, Russia is, of course, accused of backing militarily the pro- Russian rebels in Eastern Ukraine.

There are also some other tension that have been bubbling up over the past 12 months or more as well. It just didn't seem right. That's now how it's seen -- it reinforces Vladimir Putin's idea that Russia and the west are essentially enemies again and not in good relations. I think in some ways it played into Vladimir Putin's hands.

KOSIK: Jill, let me ask you this. With President Obama not going and the message that's sending from the U.S., do you think maybe the U.S. should have maybe -- I wouldn't say let bygones be bygones. Put it aside in lieu of showing respect for history?

JILL DOUGHERTY, WOODROW WILSON CENTER PUBLIC POLICY SCHOLAR: Well, it's a very difficult position by the president. On the one hand, you want to honor the allied victory. After all, Russia and the United States were on the same side and won against the Nazis.

But on the other hand, you don't want to look as if you're condoning any type of action by the Russian military in Ukraine. You know, I keep thinking, Alison, right now of what's going through President Putin's mind.

He was born right after the war, but his family and so many families in Russia, the Soviet Union, suffered enormously. His mother almost died. A little brother who would have been his older brother actually did die during the war and was buried in a mass grave.

President Putin comes from Leningrad, which went through a blockade. There are a lot of personal memories and here he is running the country at a time that he perceives and the world perceives as very dangerous and kind much unpredictable.

So there are a lot of messages and emotional connotations to what's going on, on Red Square. It's not just the military show of might.

KOSIK: And so this show of force, Jill, is coming as the three-month cease-fire with Ukraine is sort of teetering on the brink. Could or should Putin maybe have used the weekend to reconcile with Ukraine?

DOUGHERTY: I don't think there's any chance of that happening on a day like today. Number one, it's the victory and Russians, many believe and you can justify this opinion probably, that it was basically their blood that saved the west.

I mean, when you think of 26 million people, about 11 million were soldiers and the rest were civilians. So just think of those statistics. It's horrible. Then you also have other things going on. Look at that tank, the T-14, still in development.

That's a way Putin to show to his people, Russia is back, it's got the military might. It's also a good advertisement for the rest of the world that you can buy weapons from Russia that are on par with the west.

It's a message to a lot of -- on a lot of levels to the United States to watch, we are a pretty strong country they would say with nuclear weapons.

KOSIK: All right, Matthew Chance, Jill Dougherty, thanks so much.

BLACKWELL: Attorneys for the Baltimore police officers charged in the death of Freddie Gray are demanding that Prosecutor Marilyn Mosby be kicked off the case immediately. Why? And will this motion work? Our legal experts will weigh in.

[06:20:13] Plus, flood watches and possible tornadoes, but it's a nasty Mother's Day weekend ahead for the central plains.

Plus, Ana, just off the east coast has been upgraded to a tropical storm. We've got the weather you need to know coming up.

(COMMERCIAL BREAK)

KOSIK: Whoa take a look at that, massive hailstones slamming into an already flooded backyard in Moore, Oklahoma. Punishing rains have been slamming the area for days. And in major parts of the states, it's under a flash flood watch for several days.

Flooding in the area has been so bad that at least one national park in the area had to be shut down. Along with that flood watch, the area is also on alert for possible tornadoes throughout the weekend.

BLACKWELL: It's not just the folks in Oklahoma. Nearly 20 million people this morning are under a severe weather threat. So let's bring in meteorologist, Ivan Cabrera with the details. Day after day people have been coming --

IVAN CABRERA, AMS METEOROLOGIST: Today will be a dangerous day for people. It will be a serious threat. Look at this thing. This is a hail stone. Looks like a softball. It is the size of a softball. This is the threat we're looking at today. Let's look at the radar. Still thunderstorm activity ongoing.

This is not the thunderstorm activity that we're concerned about. It's the early afternoon and heading into the evening hours that we're talking about here. We have warm, moist air from the south. Cool, dry air from the north.

If we have that, we'll have a line of thunderstorms. We don't just have that. We have the third very important ingredient. Spin in the atmosphere and shear.

[06:25:10] That's producing the potential for rotating thunderstorms and tornadoes later on today. A bull's-eye heading into Eastern Colorado, Kansas and portions of Oklahoma, but Dallas, you're not out of it here. A moderate risk for you potentially this afternoon as well.

We'll put the forecast radar into motion. Be able to see, look at this line of showers and thunderstorms and individual cells. Those are the ones we're concerned about. Those are the ones that can produce some tornadoes.

I think today the potential could be strong and also the ones that can drop down and just go for miles and miles producing significant damage and then the threat moves further to the east. We have a two-day threat with millions in the path.

KOSIK: That time of year.

BLACKWELL: Ivan, thank you so much.

KOSIK: Here's a look at other top stories developing. An FBI agent was shot in the leg last night trying to arrest a bank robbery suspect in Colorado. Officials say the unidentified suspect was killed in the shootout, but the agent is expected to survive, thankfully.

BLACKWELL: Released surveillance video captured a dramatic bus crash in Philadelphia. Look at this now. I know different parts are up on the screen. According to the affiliate WTVI, the bus driver lost control during a u-turn and fell out of her seat because she wasn't wearing her seat belt.

The out of control bus flew over the median, drove on the train tracks, but thankfully, an oncoming train stopped before it hit the bus. That driver and some of the passengers were hurt. This incident, of course, is now under investigation.

KOSIK: A college student is found dead in an isolation cell at a Georgia jail. It's a story CNN has been following closely. Now, nine

deputies have been fired in the young man's death. Will criminal charges come next?

BLACKWELL: This image, look at this, shocked. Some people in airport security, an 8-year-old boy bundled up in a suitcase. We've got this story, next.

(COMMERCIAL BREAK)

[06:30:00] BLACKWELL: Bottom of the hour now. Good to have you with us. Let's start this half with a look at some of the stories developing right now.

PAUL: A major show of force by North Korea. A South Korean defense official tells CNN the communist country fired three ship to ship missiles off the eastern coast earlier today. This as state TV reports Kim Jong Un has also launched a newly developed underwater ballistic missile. It's unclear when and where that test took place. News of the launches comes just days after the communist country threatened to open fire on any South Korean Naval ships that enter disputed waters.

BLACKWELL: Nuclear weapons, high tech tanks, more than 16,000 soldiers, Russia's vast army was on display in Moscow this morning. The massive parade celebrating the defeat of the Nazis 70 years ago. But a lot of world leaders, including President Obama boycotted the event because of Russia's aggression against Ukraine.

KOSIK: We're following new developments out of Savannah, Georgia for you this morning. Nine deputies have been fired in connection with the death of a college student. A spokeswoman for the Chatham County sheriffs' department says Mathew Adjibade died in an isolation cell on New Year's Day. CNN has been following this story closely. More on these new developments in a minute.

But first, Conny Cooper of CNN affiliate WTOC tells us how it all unfolded.

(BEGIN VIDEOTAPE)

CONNY COOPER, WTOC CORRESPONDENT: It started at a gas station across the street from the home Adjibade shared with his girlfriend. He was a student at Savannah Technical College and a banker at Wells Fargo, but Adjibade also had bipolar disorder.

UNIDENTIFIED MALE: He was just the greatest.

(CROSSTALK)

COOPER: Adjibade's family was at the news conference along with his girlfriend who had visible injuries. According to a police report, the couple had been fighting violently when officers were called New Year's Day.

MARK O'MARA, AJIBADE FAMILY LAWYER: She actually called the police and said get here now. And when they got there, she said he needs to go to the hospital.

COOPER: Instead, he was taken to the Chatham County jail where Ajibade died in an isolation cell after breaking a female deputy's nose and giving her a concussion during booking.

O'MARA: He was out of control. That's what happens in a manic state of bipolar on occasion.

UNIDENTIFIED MALE: I just really want to know why. I want justice to be served.

(END VIDEOTAPE)

BLACKWELL: That was Conny Cooper of CNN affiliate WTOC reporting for us. Let's bring in HLN legal analyst and criminal defense attorney Joey Jackson. Also, joining us, retired chief deputy U.S. Marshal Matthew Fogg. Good to have both of you with us this morning. Matthew, I want to start with you. Do you think it's the right call, these nine firings that have happened?

MATTHEW FOGG, CHIEF DEPUTY U.S. MARSHAL (RET.): Well, I think if it happened on January First, by now I would think they would know exactly or pretty close to what had happened. So yeah, I go along with that if the justice system down there decided these deputies are in the wrong, yeah, they made the right move.

BLACKWELL: Let's talk about the timing, Joey. Because two of these deputies had been on paid leave for several months now. There were nine firings in total. Is there a suggestion here or is it implicit that these firings come now and soon we should expect charges, or is that not often the case?

JOEY JACKSON: You know, it certainly could be the case, Victor. And here's why. And good morning to you and good morning to Matthew. Because certainly after you look at an incident that happened on January 1st and there's an investigation that unfolds thereafter and people many times could say if you're representing the officers that, hey, there's a rush to judgment, what are you doing. But when you have this amount of time, 125 days approximately where matters are looked into, what was the cause of death, how was he acting, what was the force that was used on him, was it proportionate to any threat that he posed, was it excessive, and apparently what happened is, the investigation revealed that this should occur, that there should be these firings.

And so I would think in the aftermath we'll see a couple of things. Number one, if there is any criminality on the part of the officers involved, then you would see charges. And number two, any type of civil suit with respect to his family for his wrongful death based upon the negligence of those officers, if any, that will certainly be something that we'll be looking at as we move forward in this particular case.

BLACKWELL: So, obviously, Matthew, in this case, the tragedy of this young man's death is not something that's typical. However, would it be typical to place someone who is having an expressed bipolar episode in a chair and then tase that person?

[20:35:07]

FOGG: Well, you know, our training goes towards that. All the training I've had in law enforcement over 30-some years, when it comes down to special impetus cases, people that do have mental disorders and we had special rules on how to handle those folks. So, when you start getting law enforcement officer that treats these people in a way, an aggressive way towards them instead of understanding that this person has a mental disorder, then you're going to get all kinds of responses or maybe even hurt the person in a way that you shouldn't. So, again, I'm sure they looked at everything. They looked at how the deputies, whether they followed protocols and obviously they didn't. And they found all these - especially when you're talking about nine people involved.

BLACKWELL: Yes.

FOGG: So, you're talking about a chain reaction of things that shouldn't have gone the way they did.

BLACKWELL: The district attorney is now looking at this case as well. Let's turn to Baltimore and the case against six officers in the death of Freddie Gray. The police officers charged in the 25-year-old's death, their attorneys are now demanding that prosecutor Marilyn Mosby be taken off the case immediately. A motion was filed last night insisting that there are five points in which she has a conflict of interest that she's in favor of the protesters who took to the streets of Baltimore after Gray's death. Alleged that she at least has those conflicts and maybe more. They point to statements she made after announcing the initial charges. And here's one of them.

(BEGIN VIDEO CLIP)

MARILYN MOSBY, BALTIMORE CITY STATE'S ATTORNEY: To the people of Baltimore and the demonstrators across America, I heard your call for no justice, no peace.

(END VIDEO CLIP)

BLACKWELL: So Joey, the question here, how strong is their case and how soon could a decision be made?

JACKSON: I don't think it could be very. But let's just back up one second. Obviously, if you're the attorney representing these officers, you want her off. Why? Because she's made clear that this will not be business as usual that she's moving full steam ahead. Doesn't matter if they're officers or not. A wrongdoing needs to be addressed. And so, based upon the aggressiveness with which she's pursuing this you want her off. In terms of the legal standard for recusal or removing, it has to be so grave of a conflict, so severe that it would impair the ability of the defendants to get a fair trial. And prosecutors, that's what they do, they prosecute. So, Marilyn giving the indication that perhaps there was a rush to judgment, perhaps because her husband is on the city council, you know, that she's aggressive towards police, perhaps that since she got donations from the family attorney who represents Freddie Gray, you know, that in and of itself is not enough. There has to be something more that poses such a conflict that you just cannot be fair. You can't be impartial and you cannot do your job. And finally, Victor, in terms of statements, look, a prosecutor is an elected official. And based upon being elected official, you represent the community. That, of course, is what she'll say she's doing in this case.

BLACKWELL: Yeah, and she said that before saying that she can't take herself off every case in the city she lives at or every case that is in her husband's district. A member of the city council there. Matthew, I want to come to you with the announcement from Attorney General Loretta Lynch this week that the Department of Justice is now expanding its probe into the Baltimore police department and in her words, not just looking into if these officers violated good police practices but to determine if they also violated the Constitution and the civil rights of citizens. What does that mean practically and symbolically for the Baltimore police?

FOGG: Well, I think what it means is that right now - and we know the attorney general has already done this in several other cities. So, it seems to be a pattern and practice of having do this in city after city now that these incidents are arriving. But I think the fact that it shows that right now that the Baltimore City has to realize that now they're going to pull back the onion peeling so to speak and they're going to look at everything that this department has been doing. And I think with all that has come out of this situation that is necessary. You have to. You have to go and look at everything and see where the officers, how they've operated. This has been a pattern and a practice. So, I think it's a good move and I think it has to be done when you look at all that's come out of Baltimore.

BLACKWELL: Yeah, investigation that according to the attorney general is welcomed by the fraternal order of police there in Baltimore and the mayor as well. Matthew Fogg, Joey Jackson, thank you both.

JACKSON: Pleasure. Have a great day.

BLACKWELL: Thanks. You too, Joey.

KOSIK: OK, Victor, ponder this question. Why did this eight-year-old boy end up in a suitcase being smuggled across an international border? That story is coming up next.

Plus, a driver's blood alcohol level was three times the legal limit when he caused a crash that ended in a tragedy for one family. So why hasn't he been charged?

[20:39:55]

(COMMERCIAL BREAK)

BLACKWELL: Look at this x-ray. I mean, it might take a minute to understand what you're looking at. But this is a boy kind of squished into a suitcase here. You see his head and his knees and his feet down here. This obviously shocked airport security when they saw it. It was a woman trying to smuggle this eight-year old boy through security from Morocco into Spain. To get the full story, now let's go to Rafael Romo.

(BEGIN VIDEOTAPE)

RAFAEL ROMO, CNN CORRESPONDENT: Police are still not sure how long the young boy spent tucked into the pink medium-sized polyester suitcase pressed against a few personal belongings. The boy was bundled tightly in a fetal position inside the suitcase. According to the Spanish civil guard, he's eight-year-old and is a native of Ivory Coast in Africa. A spokesman for the Spanish civil guard says the border guards became suspicious when a 21-year-old woman, a Moroccan national showed signs of nervousness. She attempted to cross the border into Spain from Morocco wheeling the suitcase down the street. The woman was arrested at the border. A man who's apparently the boy's father was also arrested a few hours after the boy was found. Meanwhile, the boy has been placed in the custody of Spanish authorities pending conformation that the man arrested is indeed his father and also pending legal action.

Reacting to the case, the Spanish civil guard spokesman said we're perplexed about the desperate things people do to get smuggled or smuggle their children into the country. Rafael Romo, CNN, Atlanta.

(END VIDEOTAPE)

KOSIK: Vow, it's incredible. A repeat DWI offender crashes into a car with a pregnant woman inside. Her injuries were so bad she ended up losing her baby boy. So, why has the drunk driver not been charged? Plus -- at the top of the hour, a family's trip home from Disney altered.

[06:45:05]

KOSIK: Why the pilot diverted their flight because of their daughter's condition.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Shoots. Advertisements. Throughout the years tennis stars have built the image not just on court, but on camera. And for today's players it's no different.

UNIDENTIFIED MALE: Over the shoulder. Twisted it a little bit. Just where your body - so, your strong chest.

UNIDENTIFIED MALE: You need that sort of ability to work together because there's a lot of pressure we have through Andy, Roger, Rafa (ph), all in one go. And you know what, it gets a bit tense sometimes. These guys are not fashion models. They're basically athletes who don't want to do photo shoots sometimes. Because they're training and in the zone.

UNIDENTIFIED FEMALE: 3, 2, 1. Camera.

UNIDENTIFIED MALE: This generation are the ones that really get it. It's probably because of social media and the way pictures get out there. But they get it and they realize they've got to do so much of this stuff.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

[06:49:52]

KOSIK: All right. This next story is just heartbreaking. A mom in Albuquerque, New Mexico loses her unborn baby following a DUI accident. The driver never charged. Now, eight months later, she wants justice. Laura Thoren from our affiliate KOAT has the story.

(BEGIN VIDEOTAPE)

LAURA THOREN, KOAT CORRESPONDENT: Melissa Rivera met her son.

ALYSSA RIVERA, MOTHER: We actually got to hold him. And like say bye.

THOREN: Messiah Emilio Apodaca was stillborn at just 22 weeks. His mother went into early labor after being seriously injured in this crash when deputies say Shawn Rigdon was driving drunk and slammed into her family's car.

ALYSSA RIVERA: Heartbroken isn't even a good description of how I felt.

THOREN: In this photo taken after the accident, you see Rigdon wearing a bloody t-shirt that reads, drink triple, see double, act single. Listen to what he admitted to cops during a taped interview.

OFFICER: How much did you have to drink today?

RIGDON: I don't know. I think, about three, say about three drinks at best. But that's since about like four.

OFFICER: How big were these drinks?

RIGDON: They were good size drinks.

OFFICER: Despite that interview and this mother's loss, in the eight months since the crash, Rigdon has not been indicted for any crime. The district attorney says it's still waiting for evidence to come in. Alyssa can't believe it.

ALYSSA RIVERA: It's frustrating. I feel like my life was taken away by not only, did we lose our son, I lost my job due to the accident.

THOREN: She wants Rigdon off the road and justice for her son.

(END VIDEOTAPE)

KOSIK: All right. To talk to us more about this, now joining us is HLN legal analyst Joey Jackson. Good morning, Joey.

JACKSON: Good morning, Alison.

KOSIK: I want to go through the evidence that we have so far. So, let's go through it. Deputies say Rigdon had a blood alcohol level of .28. That's more than three times the legal level in New Mexico, which is a .08. Police made an audio recording of Rigdon. You heard part of it there admitting to drinking at least three beverages that were quote, as he said, "good size drinks". And Rigdon also has a prior DUI conviction in 1994. So, the big question that's on my mind, Joey, is why hasn't he been charged with anything yet?

JACKSON: It's a very good question. First, as to the evidence. It's very compelling. What happens is that when you get arrested for DWI, you blow into a tube. You could decide not to but then you lose your license. And so, when you blow into the tube and the machine, you mentioned over three times, it's a .08 is the standard. That registered what you blow. You look at that in addition to the audiotape or the videotape where he's speaking. The speech appears to be very slurred. And also, he's wearing the shirt drink triple, whatever it is. But it's certainly a shirt that indicates what's on his mind. In any event, in addition to that, you have this child that's now dead. And what is also confusing from even a defense attorney perspective is it is plausible and oftentimes likely in the case, Alison, where a prosecutor charges for a crime, even the underlying DWI and then they later upgrade the charges. And in this particular case, I think the issue is what do you do with the viable fetus who was unborn? I looked at a couple of cases in New Mexico, State versus Willis, 1982 case that says you cannot charge for a viable unborn fetus. That's a legislative issue. It was revisited again in 2006. State versus Martinez that says an unborn fetus is different from a human being. And certainly, in order to be charged with vehicular manslaughter there has to be a human being. I get that, that's a legislative issue, but at the same time, he needs to be held accountable in some degree even in the event that the district attorney, the prosecutor moved forward on higher charges later. And so, I can't speak for the district attorney. I certainly don't get it. But I do get that this family is railing, they're hurting and certainly justice is demanded and needed in this case. And he should be prosecuted. And if there are viable defenses, you know what, have his attorney go to court and say so.

KOSIK: And to think he's just driving around right now. Very depressing. Thanks, Joey Jackson for your analysis.

JACKSON: It's a pleasure. Have a great day, Alison.

KOSIK: OK.

BLACKWELL: All right, at the top of the hour, growing ISIS activity online prompts a rise in the security threat level on U.S. military bases. We'll have a live report on what this means in a moment. Plus, it all came down to juror number 11. The jury just couldn't come to a consensus. A mistrial for the man who confessed to killing six-year-old Etan Patz 36 years ago.

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[06:49:40]

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BLACKWELL: Coming close to the top of the hour now. Let's take it to New York where a mistrial has been declared in the murder trial of a New York man accused of kidnapping and killing a six-year-old Etan Patz. That happened back in 1979.

KOSIK: The 12-member jury deliberated for 18 days. So, finally they said they could not reach a verdict. Juror number 11 says he was the only one who held out against convicting. Defendant Pedro Hernandez was the defendant there. Etan's father says he's convinced Hernandez killed his son.

STANLEY PATZ, ETAN PATZ'S FATHER: I don't understand why the jury couldn't come to a verdict. But I'm convinced. I heard the evidence just as they did. And I'm convinced.

BLACKWELL: There will be a court hearing on June 10Tth to set the date for a new trial for Hernandez.

KOSIK: Police has arrested Mohamed Kalik (ph), the same man they say was caught on surveillance video trying to force himself on a middle schooler. This chilling video here from Tuesday circulated heavily on social media, which actually helped police find the suspect. The 13- year-old girl said a man followed her as she walked home from school and eventually forced himself through the door. She was able to fight him off.

BLACKWELL: The Los Angeles DA has charged the woman who broke into singer Chris Brown's house with first degree residential burglary, stalking and vandalism. She pleaded not guilty in court. Now, police say this 22-year-old had been living in Brown's home for days and she wrote things on his walls and on his vehicles.

KOSIK: Hmm. There's a lot more news to tell you about this morning.

BLACKWELL: Next hour of your "NEW DAY" starts right now.

This morning, a growing concern of an ISIS attack or another ISIS- inspired attack on American soil.

[07:00:02]

BLACKWELL: The Pentagon raising the alert level at military bases across the U.S. because of this increased threat of terrorism.