Transcripts For CNN Anderson Cooper 360 20100805

the exxon valdez disaster. what happened to it? and is the government trying to put a happy face on the disaster. a new view of that work place shooting rampage in connecticut. one of the victims on the phone, on the tape. you'll hear the 911 call. what happened as it happen? and president obama's birthday, how many americans do you actually think still believe he's a foreigner, born overseas. new numbers, as you can see, they are stunning. we begin with the breaking news. take a look at the live pictures tonight from west hollywood and san diego, two years after 52% of californians voted to approve proposition eight, a ban on same-sex marriage, the other 48% now has something to celebrate. federal district judge vaughn walker, republican appointee striking down the measure ruling it cannot survive any level of scrutiny under the 14th amendment's equal protection clause. contain in the ruling, a hugely important established legal precedent were dozens of findings of fact. among them, the judge, sexual orientation is a characteristic of a human being. same sex couples are call to opposite sex couples in the ability to form a union. and saying permitting same sex couples to marry will not affect the number of or stability of opposite sex marriages. california governor schwarzenegger who's the defendant in this case in name only unsurprisingly is pleased he lost. this decision, he said today, affirms the full legal protections and safeguards i believe everyone deserves. today's decision is by no means california's first milestone, nor our last, he went on to say, on america's road to equality and freedom for all people. the defense team, though, already planning an appeal. and judge walker is issued a stay against enforcing his ruling while that happens. same sex couples in california are still barred from marrying for now. just moments ago, i spoke with the two lead winning attorneys who you will remember were on opposite sides of the court case that decided the 2000 election. they're in a rally in west hollywood. they're loud in the back ground. we spoke despite the noise. let's listen. >> what are the most important points of the judge's decision? >> the most important points are the judge's opinions. first, the judge found that marriage was a fundamental right for all individuals. second, the judge held the depriving gay and lesbian citizens of the right to marry seriously harmed them and harmed their children. third, the judge held that the gay and lesbian citizens had no benefit, no legitimate benefit for society. it didn't help preserve heterosexual marriages. and the judge found them based not only on the extensive amount of evidence, but on the things that the defendants witnessed and admitted in court. >> it does seem in the trial that your opponents' witnesses almost kind of argued in your favor -- they seemed to help you more than they hurt you. >> they were a point for the skillful cross-examination. but the real fact was, we brought in evidence from the experts -- the leading experts from around the world on marriage, the history of discrimination, the damage that's done by discrimination against gay people, the raising of children, so forth, they did not have comparable evidence or experts. the experts they did have really didn't have much to say. and they had to admit that discrimination is wrong. that gays and lesbians can raise children and they've raised children in a very, very happy family. and they've discriminating against them does no good. it's un-american. it's unequal. it's unfair. they have to admit this. i give great credit to david boise for bringing that up in cross-examination. and the judge made the point in the end of the trial in his decision today that their evidence didn't amount to anything and was overwhelmed by the evidence and the experts that we put on. >> keep in mind -- >> go ahead. >> they were defended by very, very good counsel. the problem with the defendants' case is not that they didn't put on their best case, but simply the best case didn't have any rational determination. >> they had no evidence to argue the point that changing marriage -- traditional marriage that allowing same-sex marriages actually will negatively impact opposite sex marriages. >> the key issue that the defendant argued before the trial is that somehow allowing gays and lesbians to marry would harm heterosexual marriage. there's a lack of common sense in that irony. not only did we bring in empirical evidence that showed that did not happen in any of the places where you already have marriage between gays and lesbians, but the understanding of what the purpose of the agenda made it clear that that was not going to happen. and finally, even the defendant's own experts admitted that there was no ability that there would be any harm to anyone, heterosexual marriage, institutional marriage, any harm to anyone that comes to end the discrimination. >> the strategy that the opponents of the same-sex marriage use in the prop 8 campaign was different than what they argue in court. in the campaign, they were basically playing on fears that the children would be indoctrinated in school but didn't use it in court, why not? >> they realized that you are correct. during the campaign, they argued it was necessary to pass proposition 8 to protect our children from thinking that it's okay to be gay, that it was okay for gay people to have the normal marital relationship that the rest of our neighbors do. they realized that sounded and was discriminatory. that recognized and called out for people to think upon the gays and lesbians as different and unequal and less favored. so they abandoned that during the trial. they knew it would not work. and they resorted to the idea that somehow allowing your neighbors to get married would somehow discourage heterosexual couples from getting married and having children. and the evidence didn't support that. so they tried one thing during the campaign and then they abandoned that and tried something else during the trial and that didn't work either. >> mr. boyd, why not have domestic partnerships? why marriage? >> what the judge found and what all the evidence showed was that domestic partnerships were not equal to marriage. when the state sponsored discrimination against gay and lesbian couples by saying you have to have this second-class marriage. you can't have marriage like normal people, that's the worst kind of spate-sponsored discrimination. a lot of areas where we have a long ways to go before we achieve the kind of equality that our country was founded believing. this is the only area in which the state has official state enforced discrimination. when the state says to gay and letz byian couples, you're not good enough for marriage, you have to be settled for domestic partnership. that's straight out discrimination. the judge found it's time to give the gay and lesbian couples the power and have no benefit -- the rally in west hollywood. apologize for the background noise? what happens next? both sides of the marriage debate. >> oh you can let us know what you think logging on the the live chat up and running, ac360.com. crime and punishment. the man who killed eight yesterday. the moments of terror caught on tape. the first 911 call the gunman still on a ram page. -- rampage. >> a black gun, i don't know. he's wearing a blue shirt and blue shorts. he's -- he's got -- he's -- he's got a -- oh -- [ bleep ] he's still shooting. i hear guns out there. >> he used to work there? >> yeah. >> i just fired him. >> today? >> today. he started shooting. he's chasing people out in the parking lot. and the rubber industry, in south america? at t. rowe price, we understand the connections of a complex global economy. it's just one reason 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment objectives, risks, fees, expenses, and other information to read and consider carefully before investing. presenting the cadillac "summer's best" sales event. a fantastic opportunity to get a great offer on a new cadillac cts sport sedan... ..the most acclaimed vehicle in its class and a car and driver 10 best third year in a row. summer brings out the best in all of us, so now's the perfect time to get behind the wheel of a brand new cadillac. now during cadillac's summer's best sales event... get zero percent apr financing for 72 months or this attractive lease offer on a cts sport sedan. looking at a rally tonight in california. people celeb rating after a federal court judge strikes down the proposition ban on same-sex marriage. it's not over. if you need additional proof, consider this, representative of "freedom to marry," the other heads up the national organization of marriage. similar-sounding games, totally different perceptions of what marriage should be. maggie gallagher, the national organization for marriage. thank you for coming on. >> where does your battle go from here? >> it's an important step on the road for victory. there's many twists in the road to this case. >> federal courts -- >> it will be appealed and go to the ninth circuit federal appellate court in california. meanwhile, it's important that the rest of us who believe in fairness make the same case for the freedom to marry in the court of public opinion -- >> if this is to be settled in the courts, why does it matter? >> courts don't operate in a vacuum. judges listen to what's being said, they hear what's being said. they watch what's being said. they look at public opinion. they look at the way the nation's understanding of who gay people are, why marriage matters. stereotypes that used to seem real but know aren't. judges pay attention to all of that. it's part of the climate that surrounds the courts. they hear it from the other side in the constant efforts to deem news the courts. >> given the conservative nature of the court right now, are you confident that they will not -- that they will uphold proposition 8? >> i'm optimistic. this is not the first federal judge to strike down a marriage amendment. it happened in nebraska in 2005. the eighth circuit immediately rejected the idea that there's a right to gay marriage in our constitution, which doesn't exist. and we think the reason -- you know, this case was pushed by two straight guys with big egos, you just heard from them, against the wishes of the gay legal establishment. i think they fear what we anticipated -- there are not five votes to import to our federal constitution the idea that to make a marriage, you need a husband and wife is somehow bigotry akin to objection to the marriage. >> do you agree that the supreme court may not uphold it? >> we'll have to see what the supreme court does. it there are many twists ahead. one of the things we can have to help get there is the abundant evidence, vermont, iowa, canada, south africa, that ending marriage discrimination helps families and hurts no one. the more people have reality to judge this instead of scary right wing rhetoric and fear mongering move well. >> there's a right to gay marriage. the court wasn't saying there's a right to gay marriage, she was saying everybody has a right to marry that's a fundamental right. >> that's exactly right. >> that's the -- >> that's the judge's point of view. i wanted to get the clarification -- >> my organization is called freedom to marry. not called gay marriage, mandatory marriage, not you have to do what somebody else wants marriage. it's the rights we all share as an american to make a personal choice for a partner in life and make that commitment in life respected under the law. >> it's interesting because the court case in support of proposition 8 against same-sex marriage was arguing is marriage is about procreation. but the judge pointed out there are many marriages that aren't for procreation and that, in fact, the supreme court has numerous times said that marriage is about much more than that, it's about liberty, it's about freedom. >> 7 million californians believed that we had a core civil right to organize, to donate, to vote for marriage. one judge in federal -- one federal judge in san francisco has stripped us of that core civil right. and he has done so on the grounds that he believes scientists disproved the idea that children need a mother and father. i said five years ago, this judge has proved the case for gay marriage is ultimately rooted in a rejection of common sense and core ideas. >> but none of that was proved -- >> the children need a mother and father. >> none of that was prove in the court of law. your side have the witnesses they produce based often ended up arguing the side -- the opposite side. >> the judge made the conclusion. but the majority of courts and the majority of americans have rejected the idea that same-sex marriage is the civil right. and i think in the end, we will win this. >> why do you think he's bias? >> why? i don't know why he's biassed. the reason i think he's biassed is he telegraphed from the beginning in a variety of ways that he wanted to preside over an historic trial. the most blatant example is thedy sithe thedy desire -- the attempt to skirt the rules televising the trials over the objection of one side of the case and the supreme court had to slap him down. that's one of many rulings in this case that was slanted to one side in our view. >> the disapproval alone is improper basis on which deny rights to gay men. private moral view that same-sex couples are inferior to opposite-sex couples. he was against discrimination at its core? >> he pointed out, given a chance to come in with any witnesses, evidence, authorities, expertise, they had nothing. there was no reason to justify the exclusion. so the only thing left, therefore, is people's prejudice or discomfort or fear or anxiety, all of which was stoked by a $40 million campaign to railroad this through. what the judge said is in america, there are basic freedoms and basic rights that belong to each one of us that don't get put up to a vote. >> both sides spend a lot of money on this. ms. gallagher, the argument you make about the majority of americans opposing same-sex marriage, that's true according to polls but the majority of americans were opposed to interracial americans, 93% in 1958, 73% in 1968. do you think the supreme court was wrong to go against the reunion back then? >> i do not think it requires americans to recognize something that is not true. >> you know -- but, wait, that's not my question. was it wrong if for the supreme court to go against the public opinion? are you saying it's wrong in this case for the supreme court to go against public opinion. >> i think comparison you just made, give me one-quarter of the time evan got and the two lawyers is that the idea that americans are like racists to believe that marriage is the union of husband and wife is absurd and outrageous. it's against the goodwill of the american people. it's wrong. it's not in our constitution. and it will not be overturned. not just the majority of californians or the majority of the american people. it's the majority of courts, including most recently, the eu court of human rights that have rejected the idea that this is a fundamental human right. it's not discrimination to treat different things differently. marriage is a union of husband and wife. because these are the unions that make new life and connect children and love to their mother and father. this is not hatred, this is not bigotry, it's not diskrim napgs. thank you, what do you want to ask me? oh. >> i want to give you an opportunity to answer -- you're saying that a judge can overturn the will of the -- of the people? you're saying -- >> when it's in our constitution, yes. >> okay. that's all i wanted to say. >> like the ban on the racial discrimination in the 14th amendment. this is a big stretch to image than our founding fathers were banning gay marriage in passing our constitution. many people will recognize that. >> why should one judge be able to overturn the will of the people? >> well, it's not just one judge. it's the whole system of courts and an independent judiciary, the whole idea of a constitution. in america, two great principles. one is kings don't rule, the majority rules in ordinary things. the other equally important american principle is that there are certain things that don't get put up for a vote. you don't put my freedom of speech, my freedom of religion, my freedom marry up to somebody else's dictate. that belongs to all of us. the courts and the constitution exists to safeguard that protection. >> i was talking to eric ericsson in an earlier statement. he said he thinks 20 years is a nonissue. the tide is moving in the direction of same-sex marriage. do you believe it's true? it's a fear, it's a concern. >> i don't believe the future belongs to same-sex marriage. civilizations that lose the idea is basically to make a marriage, you need a husband and wife, or try to put in the founding documents the idea that children need a mom and dad is now bigotry is going to be in trouble and i want to protect america from that trouble down the road. >> the proof that the national organization for marriage and the millions of dollars they funnel into these campaigns don't believe that they have the best arguments. and the reason that we know that they do fear that public opinion is moving in the direction of fairness is trying to cement the barriers into constitutions to prevent legislatures, to prevent people from making the decision to end discrimination. >> you're entitled to your view, you're not entitled to make up my view. that's not my view. thank you. "crime & punishment" a chilling new window to the connecticut rampage where eight people were shot and killed. the phone calls made while he was on the loose. >> i need the cops here shooting. >> what's going on? >> i got shot. >> we need information. >> we need the cops. thornton is shooting people. >> what is his name? >> he's a black guy. get the cops here right away, please. >> stay on the line. >> bleeding all over the place. >> okay. how many people got shot? >> i don't know. >> okay, you don't know? oh. >> you're shot where? >> in my head. >> in the head? >> yeah. >> what's your name? >> steve hollander. >> where are you in the building? >> hiding in an office. >> hiding where? >> in an offense. >> and politics fallout for allowing a mosque near ground zero. was that decision america at its best or most naive? today authorities released the 911 tapes from the work place massacre in connecticut. the tapes reveal the terror that the survivors of the rampage experienced as the killer armed with two .9 millimeter handguns executed people before taking his own life. the gunman is identified. omar thornton. the family said he was the victim of racial harassment by other employees. he was stealing beer. at a meeting tuesday morning, they gave him a choice, quit or resign. that's when he opened fire. i wanted to play you the 911 call. the chief operating officer for the company shot in the head and bleeding. this is what he told the operator on the call. >> unbelievable stuff. he survived the shooting. eight others did not. catch up on other stories. joe johns has the 360 bulletin. joe? a passenger aboard an american airlines flight was removed after lighting the match in the cabin. it happened when the plane was en route from new york to los angeles. the incident prompted an emergency landing in albuquerque. the passenger is being questioned by the fbi. a new development in the shooting death of former nba player lorenzen wright. they searched the home of wright's ex-wife. wright's body was found in a wooded area in memphis one week ago. he'd been missing since viz silting the ex-wife's home more than two weeks ago. the daughter of former new york mayor rudy giuliani has been busted for shoplifting. police say 20-year-old caroline giuliani was caught stealing from a sephora makeup store on the posh upper east side of manhattan. the student at harvard is the youngest of the former mayor's two children. so curious -- is it a security stunt? a sorority stunt? i don't know. >> i guess we'll hear sometime. president obama -- guess how many people out there think he was not born in america. do you think he was not a fringe group? you'll hear the results of a new cnn poll. and how a grieving family used facebook to avenge the death of a loved one, this man killed by a drunk driver. >> so, ah, your seat good? got the mirrors all adjusted? you can see everything ok? just stay off the freeways, all right? i don't want you going out on those yet. and leave your phone in your purse, i don't want you texting. >> daddy... ok! ok, here you go. be careful. >> thanks dad. >> and call me--but not while you're driving. we knew this day was coming. that's why we bought a subaru. i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to work with kids. i'm going to own my own restaurant. when i grow up, i'm going to start a band. [ female announcer ] at aarp we believe you're never done growing. thanks, mom. i just want to get my car back. [ female announcer ] together we can discover the best of what's next at aarp.org. and the cast has been gathered. when the curtain rises. and the spotlight is yours. having a strong signal at your back is like having invisible power everywhere. because in that moment, you're not there to take up space. you're there to fill the room. rule the air. verizon. right now, buy a blackberry and get one free. like the bold, or the curve. only at verizon. despite the evidence, the facts, december pitd tspite the. a new cnn poll shows 16% of americans think president obama was not born in the u.s. and 11% say he definitely wasn't born here. combined more than a quarter of those surveyed agree with the birther movement. the new poll comes on a day that president obama turns 49. raw politics, with me, paul begala and editor and chief of red state.com, eric ericsson. i want to ask you both about this poll that's out on the president's birthday showing that at least a quarter of the country saying they're not sure where the president was born. that he -- a lot of people believed he was born overseas. paul, this far in -- does it make sense that so many people still seem to believe this. >> this is going where they pick facts to suit their case. it's 41% of republicans. 41% who believe that president obama was not born in america. now he was. it's a fact. it's indisputable. and what frustrates me sometimes in the media is the neil armstrong effect. the moon is made of green cheese, we had someone on from nasa. and someone needs to call neil armstrong, you've been there, iraq or green cheese. we looked at it, the media and the governor of hawaii has looked at the man's birth certificate. he was born in hawaii. it's a shame on the republican right wing media that they pushed this distortion. and it reflects very poorly on conservative media. >> i know on your site, you don't cotton to this sort of thing. you think it's a fringe group. but 14% of republicans saying they're sure that obama was definitely born in another country. >> you know i can't help that there are a lot of crazy people out here, a lot of people are wrong. i'm reminded you go back to george bush and the documents that were proven forgeries that dan rather used. a lot of people on the left think they're legitimate arguments where they weren't. we get to the bush derangement syndrome, before them, the obama derangement syndrome. some people are so partisan they have lost touch with reality the rest of us live in. i can't make excuses, come back to earth. >> the other big part is the battle over the islamic center, a mosque, two blocks away from ground zero in new york. paul, i mean, how much does it concern you that you have conservatives arguing that there should be investigations of the backgrounds of religious figures who have not committed any crime by any definition. >> you know, again, it's against the libertarian message which is the government shouldn't tell somebody on private property how they worshipped god or where to worship god. there's been a mosque in t tribekka not far from ground zero for 30 years. mike bloomberg, independent mayor of new york city gave a conservative argument when he said, governments shouldn't tell private property owners how, when, where, and who to worship. >> i tuns politics and the emotion behind it. as a conservative, does it worry you, government investigating, people who basically doing something with private property? >> you know, it does. the private property issue is a kenard to a degree. there are bigger issues at stake. we are at war with a group of people. this is going to be a propaganda victory for a lot of people who we shouldn't be giving them that victory. >> this is a guy -- i don't know him personally. he's a guy who's been here. he's been preaching in tribekka for more than 20 years in a mosque. the state department sends him out around the world to represent the united states as a place that's welcoming muslims. isn't this exactly playing in to the hands of osama bin laden by painting all muslims with the same brush and saying moderate muslims are under suspicion unless they can prove their allegiance? >> we're not painting all muslims with that brush. we're pating some with that brush who deserve it, i think. this is a guy who says one thing in the united states who goes overseas and says things that we would find abhorrent here. the larger issue is the respect for ground zero. and now the argument is that it isn't ground zero, it's 300 feet away when the people bought the property, bought it, they pitched it as being at ground zero. >> you're osama bin laden and you're in north waziristan watching this debate as he no doubt is, he's going to be pleased to say, look, they're not allowing a mosque to be built in new york city whereas if a mosque is built near the hallowed ground of ground zero, offensive to many people, no doubt about it. i mean, i have qualms about it myself. but doesn't it send a message about what america is and the strength of america and their values? oh. >> you know, i would love to believe that. but, no, overseas is not going to be viewed that way. lit be a propaganda victory for a lot of radical islamists to have a mosque planted on ground zero. >> i disagree. the propaganda victory is if, in fact, they're blocked and they can argue, once again, they're oppressed by the great satan america, which is not true. i would point out the most famous muslim is an american, mohammed ali. we continue to be welcoming to muslim. the people who perverted that religion in the terrorist attack should not be seen by americans as the face of islam. and we shouldn't allow that. >> going to leave it there. paul begala, eric ericsson, appreciate your time. tanks. >> let you know what you think at ac360.com. everybody uses facebook. could it be used to invite a killer to justice. 107 days after the deep water horizon tragedy, a major milestone, but is the government telling the whole truth? the latest live from the gulf coming up. in crime and punishment tonight, facebook and the search for justice. family and friends turned to a facebook page to pay tribute to his life but also to track the woman who took it. here's ted rollins. paul maidman was 28, a student up pulling an all-nighter, at 3:00 a.m. on a friday, he went out to make copies and buy an energy drink. he was killed by a drunk driver. >> it's by far the worst day in all of our lives. >> paul's sister dawn says her brother was a computer genius who served eight years in the air force, had a great job, and was working on a degree because he wanted to run for political office. >> to get to that point that everybody wants to be at in life, to have it stolen from him in the middle of the night like that is so -- so unbelievable. it's so unfair. >> paul maidman left something behind -- a few years ago, he created a website to keep up with friends he called it teampaul. and as a joke, he made a team paul t-shirt with his face on it. now his family is using team paul to fight for justice against the driver who killed him. >> sitting at this intersection waiting for the light to change when he was hit from behind. you can see the yellow lines in the road here showing how his car was pushed all the way across the road to this pole. the car came to rest over here where the yellow boxes represent the placement of the tires of the vehicle. maidman died on the way to the hospital. police say the person who hit him was traveling at more than 80 miles per hour. >> the driver is 29-year-old miranda dalton. police say she never used her brakes. she had been out drinking, $1 cocktails on ladies' night at this country bar. on the bar's website, they had video of dalton dancing from last year and she posed for this photo the night of the fatal crash. according to the police report at the accident scene, dalton's speech was so slurred, an officer thought she had a foreign object in her mouth. her blood alcohol level was over twice the legal limit and she had a prior dui conviction in 2001. on the way of paul maidman's wake, two things happened, dalton was released on bail and team paul came back to life. the facebook page became a rallying point to rally people to pressure the legal system not to go lightly on dalton. it became a spontaneous surveillance network. people were starting to report on dalton's whereabouts. on what would have been paul's 29th birthday, the sister got a call. >> the call came from this las vegas bar. miranda dalton was inside partying. the court had ordered her not to drink. the she was wearing an ankle device. >> get in your car, go there, see for yourself if she's there. >> when she arrived, she found dalton inside, got out her cell phone, and started taking pictures. the photos show dalton with her hair died and wearing glasses when a judge saw the photos and learned the ankle device might have been tampered with, she raised her bail to a half million dollars and dalton was back in jail. miranda dalton. dalton pled guilty and is scheduled to be sentenced this month. maidman's family attended this hearing wearing team paul t-shirts. outside, dalton's friend defended her. >> there's more to her than just the accident that happened that night. there's a lot more. she's a mother, a friend, a daughter. her choices were wrong, clearly, obviously. but to push for a harsher penalty, i don't think it's going to do more justice. >> about 3,000 people were on the team paul facebook page. they agree -- it is about justice. >> it can never be hard enough on her, ever. because she's done it before. and she would do it again. and the next time it could be my child or my neighbor's child. >> paul's family is hoping to grow team paul even bigger. they'd like to see it push for harsher drunk driving laws around the country so other families don't have to suffer like they are, ted roll linls, cnn, las vegas. >> what a strong family. a quick programming note. tomorrow on "360," crime and punishment and facebook robbers, how criminals are using social networking sites like facebook to prey on unsuspecting victims. the latest from the gulf, the static help seems to be working. that's good news after the spill. no oil leaking from the well. is the government now trying to make it seem like the disaster is over even when their own scientists admit this toll won't be known for years. details ahead. we believe you're never done growing. i want to fall in love again. 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[ male announcer ] the star safety system. standard. because we know, there's nothing more important to you than your safety. all our new safety features are at toyota.com/safety. after 107 days, a milestone in the efforts to end the bp disaster. government officials in bp said the well wase saessentially sead off. thad allen gave bp the green light to cement the well. 75% of the oil that flowed into the gulf is gone, which president obama was quick to seize on. listen? a report out today by our scientists showed that the vast majority of the spilled oil has been dispersed or removed from the water. the long battle to stop the leak and contain the oil is finally close to coming to an end. and we're very pleased with that. >> not everyone agrees with that, however. the assessment, the methodology of the report isn't really clear. and the -- and the group -- the noaa, the group that released the report there, they're the same ones who claim 5,000 barrels of oil were pouring out of the well. and they say a well back down to 60,000 barrels of oil were pouring out. tom foreman joins us with the latest, tom? >> hi, anderson. the government's analysis of what happened to the nearly 5 million barrels of oil that gushed from that well is raising hope and sharp skepticism here on the coast tonight. the report says a quarter of the oil was taken care of by burning, skimming, or direct captured. another quarter, naturally evaporated or dissolve solved. another quarter was dispersed in the water as microscopic drop t droplets and the last quarter is still there as a light sheen on or near the surface or it's turned into tar balls and cleaned up and bury in the sand. that's what's happening to all of the oil. >> the methodology they use is not clear. and now some reputable independent scientists are raising questions about whether these figures are legit. >> a fair question as i raised before. the truth is when you talk to the people along if gulf here, some of them buy all of this, but many emphatically do not over and over again -- folks have told me again that they think the government and bp despite all of the pledges of transparency have misled them and hidden information. that's what people on the gulf keep telling me. and listen to what a woman said today in the fishing town here about this government report when i went down to talk to her. her name is phoebe jones. >> if they're doing so good, why are these people still here working? why? because they're not done. >> so you don't believe what you're being told? >> no, i don't. >> they sprayed all the dispersants and stuff and it made the oil sink. it's off the top. it all sunk. >> why are they saying they're making this progress because it's not true. >> they want to cover their butts. they actually want to cover their butts. they know they got more problems ahead. because when all these other people around here start getting sicker and sicker, they'll see it. >> a new survey out of columbia university of 1200 coastal residents shows she's not alone in her anger or her doubt, one in five say they've lost income to the spill, about one in ten say they lost their jobs. and a quarter think that they will have to move away from the gulf as the true impact finally becomes known, anderson. >> ken feinberg says mental health issues are not going to be paid for counseling and the like, not going to be paid for in this $20 billion fund. and i think, the last i heard, bp still hasn't said whether or not they were going to pay the states. louisiana long ago, months ago, had asked for a few million for mental health counseling and stuff. we'll double check on that tomorrow. local officials, how are they reacting to the new studies? >> i tell you, anderson, what they're doing is they are pressing fast and hard right now to make sure that bp and the fed stay engaged on the cleanup and restoration of the economy. i tell you, what president obama said, i think, makes people nervous here. they feel that's the disengagement. problem solved. they know here that the states have lost tourism by one estimate maybe up to $23 billion worth over the next three years. untold numbers of animals have been injured or killed and miles of habitat soiled -- i say untold, because when you talk about contamination of a nursery area for some species, the impact might not be known for years and could be very bad. and, of course, there's no complete tally on the jobs loss, no real sense of how much trouble gulf seafood producers are going to have selling their problems when this is all over. that's why some local leaders are saying very loudly tonight, make no mistake about it, the crisis for them is not past. >> and even the scientists, the noaa scientists who announced the new report today publicly said, look, when pressed, said, look, we're not trying to give the impression that this thing is over. we're not going to know for years the impact of all of this stuff. tom foreman, thanks. new news recovering tonight. joe johns with the 360 news and business bulletin. a u.s. citizen that lives in chicago faces two-counts of terror-related charges, federal prosecutors say shakra mosri has been charged with conspiring to help al qaeda and al-shebab masri allegedly planned to go to somalia to become a suicide bomber. he's held without bond. congresswoman maxine waters is pressing the house ethics committee to schedule her trial before the november midterm elections. she's also calling on the committee to publicly release all documents related to her. waters, who's been charged with a still unannounced set of ethics violations, has said she will be cleared of any wrongdoing. a los angeles jury heard opening statements today in the trial of anna nicole smith's two doctors and her boyfriend. they're charged with conspiring to provide smith with drugs knowing she was an addict. smith die in february of 2007 of drug intoxication. warren buffet's campaign to supersize philanthropy is gaining traction, 40 billionaires have now pledged at least half of their fortunes to charity. buffet came up with the idea along with bill and melinda gates. i hear some of them will be bequeathing their money, but, still, if you have a few billion dollars, what are you going to do with all that money any way. >> amazing idea. they're hoping to raise about $600 billion for people to use in whatever causes they feel are important. an amazing thing, a lot of money raised. thanks very much. more at the top of the hour. the historic court ruling on same-sex marriage and why the battle is not over yet. we'll be right back. hey, smart, we could stay here foence. i'm a member of this hotel's loyalty program. well, how far away is it? 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[ male announcer ] accumulate 10 nights and get a night free. welcomerewards from hotels.com. smart. so smart. my subaru saved my life. i won't ever forget that. thanks for joining us. very big day. celebration under way in california and elsewhere in the country. a judge striking down california's ban on same-sex marriage saying it violates one of the basic rights that all americans have. the case will go to the supreme court. in a moment, the unlikely pair of lawyers, formerly bitter rival who won this round. and those who oppose gay marriage. also tonight, day 107 in the gulf. could the well be dead. president obama says probably. the government has put out a report saying what happened to 75% of the oil. what about the rest? more than four times as much as the exxon valdez disaster. what happened to it? is the government trying to put a happy face on the disaster. and a terrifying new view of that work place shooting rampage in connecticut. one of the victims on the phone, on the tape. you'll hear the 911 call. what happened as it happen? and president obama's birthday, how many americans do you actually think still believe he's a foreigner, born overseas. new numbers, as you can see, they are stunning. we begin with the breaking news. take a look at the live pictures tonight from west hollywood and san diego, two years after 52% of californians voted to approve proposition eight, a ban on same-sex marriage, the other 48% now has something to celebrate. federal district judge vaughn walker, republican appointee striking down the measure ruling it cannot survive any level of scrutiny under the 14th amendment's equal protection clause. contain in the ruling, a hugely important established legal precedent were dozens of findings of fact. among them, the judge, sexual orientation is a characteristic of a human being. same sex couples are call to opposite sex couples in the ability to form a union. and saying permitting same sex couples to marry will not affect the number of or stability of opposite sex marriages. california governor schwarzenegger who's the defendant in this case in name only unsurprisingly is pleased he lost. this decision, he said today, affirms the full legal protections and safeguards i believe everyone deserves. today's decision is by no means california's first milestone, nor our last, he went on to say, on america's road to equality and freedom for all people. the defense team, though, already planning an appeal. and judge walker is issued a stay against enforcing his ruling while that happens. same sex couples in california are still barred from marrying for now. just moments ago, i spoke with the two lead winning attorneys who you will remember were on opposite sides of the court case that decided the 2000 election. they're in a rally in west hollywood. they're loud in the back ground. we spoke despite the noise. let's listen. >> what are the most important points of the judge's decision? >> the most important points are the judge's opinions. first, the judge found that marriage was a fundamental right for all individuals. second, the judge held the depriving gay and lesbian citizens of the right to marry seriously harmed them and harmed their children. third, the judge held that the gay and lesbian citizens had no benefit, no legitimate benefit for society. it didn't help preserve heterosexual marriages. and the judge found them based not only on the extensive amount of evidence, but on the things that the defendants witnessed and admitted in court. >> it does seem in the trial that your opponents' witnesses almost kind of argued in your favor -- they seemed to help you more than they hurt you. >> they were a point for the skillful cross-examination. but the real fact was, we brought in evidence from the experts -- the leading experts from around the world on marriage, the history of discrimination, the damage that's done by discrimination against gay people, the raising of children, so forth, they did not have comparable evidence or experts. the experts they did have really didn't have much to say. and they had to admit that discrimination is wrong. that gays and lesbians can raise children and they've raised children in a very, very happy family. and they've discriminating against them does no good. it's un-american. it's unequal. it's unfair. they have to admit this. i give great credit to david boise for bringing that up in cross-examination. and the judge made the point in the end of the trial in his decision today that their evidence didn't amount to anything and was overwhelmed by the evidence and the experts that we put on. >> keep in mind -- >> go ahead. >> they were defended by very, very good counsel. the problem with the defendants' case is not that they didn't put on their best case, but simply the best case didn't have any rational determination. >> they had no evidence to argue the point that changing marriage -- traditional marriage that allowing same-sex marriages actually will negatively impact opposite sex marriages. >> the key issue that the defendant argued before the trial is that somehow allowing gays and lesbians to marry would harm heterosexual marriage. there's a lack of common sense in that irony. not only did we bring in empirical evidence that showed that did not happen in any of the places where you already have marriage between gays and lesbians, but the understanding of what the purpose of the agenda made it clear that that was not going to happen. and finally, even the defendant's own experts admitted that there was no ability that there would be any harm to anyone, heterosexual marriage, institutional marriage, any harm to anyone that comes to end the discrimination. >> the strategy that the opponents of the same-sex marriage use in the prop 8 campaign was different than what they argue in court. in the campaign, they were basically playing on fears that -- parents' fears that their children would be indoctrinated in school. but they didn't use that argument in court. why not? >> they realized that you are correct. during the campaign, they argued it was necessary to pass proposition 8 to protect our children from thinking that it's okay to be gay, that it was okay for gay people to have the normal marital relationship that the rest of our neighbors do. they realized that sounded and was discriminatory. that recognized and called out for people to think upon the gays and lesbians as different and unequal and less favored. so they abandoned that during the trial. they knew it would not work. and they resorted to the idea that somehow allowing your neighbors to get married would somehow discourage heterosexual couples from getting married and having children. and the evidence didn't support that. so they tried one thing during the campaign and then they abandoned that and tried something else during the trial and that didn't work either. >> mr. boyd, why not have domestic partnerships? why marriage? >> what the judge found and what all the evidence showed was that domestic partnerships were not equal to marriage. when the state sponsored discrimination against gay and lesbian couples by saying you have to have this second-class marriage. you can't have marriage like normal people, that's the worst kind of spate-sponsored discrimination. a lot of areas where we have a long ways to go before we achieve the kind of equality that our country was founded believing. this is the only area in which the state has official state enforced discrimination. when the state says to gay and lesbian couples, you're not good enough for marriage, you have to be settled for domestic partnership. that's straight out discrimination. the judge found it's time to give the gay and lesbian couples the power and have no benefit -- attorneys david boise and ted olausson in a rally in west hollywood. apologize for the background noise? what happens next? both sides of the marriage debate. >> oh you can let us know what you think logging on the the live chat up and running, ac360.com. crime and punishment. the man who killed eight yesterday. the moments of terror caught on tape. the first 911 call the gunman still on a ram page. -- rampage. >> a black gun, i don't know. he's wearing a blue shirt and blue shorts. he's -- he's got -- he's -- he's got a -- oh -- [ bleep ] he's still shooting. i hear guns out there. >> he used to work there? >> yeah. >> i just fired him. >> today? >> today. he started shooting. he's chasing people out in the parking lot. 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>> it's an important step on the road for victory. there's many twists in the road to this case. >> federal courts -- >> it will be appealed and go to the ninth circuit federal appellate court in california. meanwhile, it's important that the rest of us who believe in fairness make the same case for the freedom to marry in the court of public opinion -- >> if this is to be settled in the courts, why does it matter? >> courts don't operate in a vacuum. judges listen to what's being said, they hear what's being said. they watch what's being said. they look at public opinion. they look at the way the nation's understanding of who gay people are, why marriage matters. stereotypes that used to seem real but know aren't. judges pay attention to all of that. it's part of the climate that surrounds the courts. they hear it from the other side in the constant efforts to deem news the courts. >> given the conservative nature of the court right now, are you confident that they will not -- that they will uphold proposition 8? >> i'm optimistic. this is not the first federal judge to strike down a marriage amendment. it happened in nebraska in 2005. the eighth circuit immediately rejected the idea that there's a right to gay marriage in our constitution, which doesn't exist. and we think the reason -- you know, this case was pushed by two straight guys with big egos, you just heard from them, against the wishes of the gay legal establishment. i think they fear what we anticipated -- there are not five votes to import to our federal constitution the idea that to make a marriage, you need a husband and wife is somehow bigotry akin to objection to the marriage. >> do you agree that the supreme court may not uphold it? >> we'll have to see what the supreme court does. it there are many twists ahead. one of the things we can have to help get there is the abundant evidence, vermont, iowa, canada, south africa, that ending marriage discrimination helps families and hurts no one. the more people have reality to judge this instead of scary right wing rhetoric and fear mongering move well. >> there's a right to gay marriage. the court wasn't saying there's a right to gay marriage, she was saying everybody has a right to marry that's a fundamental right. >> that's exactly right. >> that's the -- >> that's the judge's point of view. i wanted to get the clarification -- >> my organization is called freedom to marry. not called gay marriage, mandatory marriage, not you have to do what somebody else wants marriage. it's the rights we all share as an american to make a personal choice for a partner in life and make that commitment in life respected under the law. >> it's interesting because the court case in support of proposition 8 against same-sex marriage was arguing is marriage is about procreation. but the judge pointed out there are many marriages that aren't for procreation and that, in fact, the supreme court has numerous times said that marriage is about much more than that, it's about liberty, it's about freedom. >> 7 million californians believed that we had a core civil right to organize, to donate, to vote for marriage. one judge in federal -- one federal judge in san francisco has stripped us of that core civil right. and he has done so on the grounds that he believes scientists disproved the idea that children need a mother and father. i said five years ago, this judge has proved the case for gay marriage is ultimately rooted in a rejection of common sense and core ideas. >> but none of that was proved -- >> the children need a mother and father. >> none of that was prove in the court of law. your side have the witnesses they produce based often ended up arguing the side -- the opposite side. >> the judge made the conclusion. but the majority of courts and the majority of americans have rejected the idea that same-sex marriage is the civil right. and i think in the end, we will win this. >> why do you think he's bias? >> why? i don't know why he's biassed. the reason i think he's biassed is he telegraphed from the beginning in a variety of ways that he wanted to preside over an historic trial. the most blatant example is thedy desire -- the attempt to skirt the rules televising the trials over the objection of one side of the case and the supreme court had to slap him down. that's one of many rulings in this case that was slanted to one side in our view. >> the disapproval alone is improper basis on which deny rights to gay men. private moral view that same-sex couples are inferior to opposite-sex couples. he was essentially saying that this is about discrimination at its core. >> he pointed out, given a chance to come in with any witnesses, evidence, authorities, expertise, they had nothing. there was no reason to justify the exclusion. so the only thing left, therefore, is people's prejudice or discomfort or fear or anxiety, all of which was stoked by a $40 million campaign to railroad this through. what the judge said is in america, there are basic freedoms and basic rights that belong to each one of us that don't get put up to a vote. >> both sides spend a lot of money on this. ms. gallagher, the argument you make about the majority of americans opposing same-sex marriage, that's true according to polls but the majority of americans were opposed to interracial americans, 93% in 1958, 73% in 1968. do you think the supreme court was wrong to go against the reunion back then? >> i do not think it requires americans to recognize something that is not true. >> you know -- but, wait, that's not my question. was it wrong if for the supreme court to go against the public opinion? are you saying it's wrong in this case for the supreme court to go against public opinion. >> i think comparison you just made, give me one-quarter of the time evan got and the two lawyers is that the idea that americans are like racists to believe that marriage is the union of husband and wife is absurd and outrageous. it's against the goodwill of the american people. it's wrong. it's not in our constitution. and it will not be overturned. not just the majority of californians or the majority of the american people. it's the majority of courts, including most recently, the eu court of human rights that have rejected the idea that this is a fundamental human right. it's not discrimination to treat different things differently. marriage is a union of husband and wife. because these are the unions that make new life and connect children and love to their mother and father. this is not hatred, this is not bigotry, it's not discrimination. thank you, what do you want to ask me? >> i want to give you an opportunity to answer -- you're saying that a judge can overturn the will of the -- of the people? you're saying -- >> when it's in our constitution, yes. >> okay. that's all i wanted to say. >> like the ban on the racial discrimination in the 14th amendment. this is a big stretch to imagine that our founding fathers were banning gay marriage in passing our constitution. i think many people will recognize that. >> she raises a point that many people raise -- why should one judge be able to overturn the will of the people? >> well, it's not just one judge. it's the whole system of courts and an independent judiciary, the whole idea of a constitution. in america, two great principles. one is kings don't rule, the majority rules in ordinary things. the other equally important american principle is that there are certain things that don't get put up for a vote. you don't put my freedom of speech, my freedom of religion, my freedom marry up to somebody else's dictate. that belongs to all of us. the courts and the constitution exists to safeguard that protection. >> i was talking to eric ericsson in an earlier statement. he said he thinks 20 years is a nonissue. the tide is moving in the direction of same-sex marriage. do you believe it's true? it's a fear, it's a concern. >> i don't believe the future belongs to same-sex marriage. civilizations that lose the idea is basically to make a marriage, you need a husband and wife, or try to put in the founding documents the idea that children need a mom and dad is now bigotry is going to be in trouble and i want to protect america from that trouble down the road. >> the proof that the national organization for marriage and the millions of dollars they funnel into these campaigns don't believe that they have the best arguments. and the reason that we know that they do fear that public opinion is moving in the direction of fairness is trying to cement the barriers into constitutions to prevent legislatures, to prevent people from making the decision to end this discrimination, this year, next year, forever. >> you're entitled to your view, you're not entitled to make up my view. that's not my view. thank you. "crime & punishment" a chilling new window to the connecticut work place shooting rampage in which eight people were murdered. the gunman shot himself. the phone calls made while he was on the loose. >> i need the cops here shooting. >> what's going on? >> i got shot. >> we need information. >> we need the cops. thornton is shooting people. >> what is his name? >> he's a black guy. get the cops here right away, please. >> stay on the line. >> bleeding all over the place. >> okay. how many people got shot? >> i don't know. >> okay, you don't know? oh. >> you're shot where? >> in my head. >> in the head? >> yeah. >> what's your name? >> steve hollander. >> where are you in the building? >> hiding in an office. >> hiding where? >> in an office. >> and politics fallout for allowing a mosque near ground zero. was that decision america at its best or most naive? ♪ [ male announcer ] it's a universal gesture... ♪ a way of telling the world "you did it!"... without saying a word. introducing the mercedes-benz sls...amg. [ engine revs ] ♪ the best or nothing... that is what drives us. today authorities released the 911 tapes from the work place massacre in connecticut. the tapes reveal the terror that the survivors of the rampage experienced as the killer armed with two .9 millimeter handguns executed people before taking his own life. the gunman is identified. omar thornton. the family said he was the victim of racial harassment by other employees. he was stealing beer. at a meeting tuesday morning, they gave him a choice, quit or resign. that's when he opened fire. i wanted to play you the 911 call. the chief operating officer for the company shot in the head and bleeding. this is what he told the operator on the call. >> unbelievable stuff. he survived the shooting. eight others did not. catch up on other stories. joe johns has the 360 bulletin. joe? a passenger aboard an american airlines flight was removed after lighting the match in the cabin. it happened when the plane was en route from new york to los angeles. the incident prompted an emergency landing in albuquerque. the passenger is being questioned by the fbi. a new development in the shooting death of former nba player lorenzen wright. they searched the home of wright's ex-wife. wright's body was found in a wooded area in memphis one week ago. he'd been missing since viz silting the ex-wife's home more than two weeks ago. the daughter of former new york mayor rudy giuliani has been busted for shoplifting. police say 20-year-old caroline giuliani was caught stealing from a sephora makeup store on the posh upper east side of manhattan. the student at harvard is the youngest of the former mayor's two children. so curious -- is it a security stunt? a sorority stunt? i don't know. >> i guess we'll hear sometime. president obama -- guess how many people out there think he was not born in america. do you think he was not a fringe group? you'll hear the results of a new cnn poll. and how a grieving family used facebook to avenge the death of a loved one, this man killed by a drunk driver. when i use expedia, my friends at work think there's more than one "me." ...because on our trips, i always get there faster. see, expedia lets me mix and match airlines. so i can take one airline out... and another home. so with more flight options, i can find the combination that gets me there and back quickest. with a little help from expedia, my friends will think i can be everywhere at once. where you book matters. expedia. progress is saving tax payers millions of dollars, with the help of visa digital currency. which lets troy reiners, manager of nebraska's child support payment center, put money into pre-paid visa accounts for just a penny... instead of mailing out checks for 59 cents each. now that's progress. visa. currency of progress. no pills, no pain. how can you get pain relief without taking pills around the clock? try thermacare heatwraps, for all day relief without pills. i was surprised, thermacare worked all day. you feel the heat. and it relaxes and unlocks the muscle. you've got to try it. [ man ] thermacare, more effective for back pain than the maximum dose of acetaminophen, the medicine in tylenol. go to thermacare.com today for a $3 off coupon. thermacare. no pills. no pain. just relief. you took my eggs ! it's an "egg management fee." what does that even mean ? egg management fee. even kids know it's wrong to take other people's stuff. that's why at ally bank we offer rates among the most competitive in the country that won't get eaten away by fees. it's just the right thing to do. despite the evidence, the facts, despite the proof. a new cnn poll shows 16% of americans think president obama was not a natural born citizen. take a look at this, 16% of americans think mr. obama probably was not born in the u.s., and 11% say he definitely was not born here. combined, more than a quarter of those surveyed agree with the birther movement. the new poll comes on a day that president obama turns 49. raw politics, with me, paul begala and editor and chief of red state.com, eric ericsson. i want to ask you both about this poll that's out on the president's birthday showing that at least a quarter of the country saying they're not sure where the president was born. that he -- a lot of people believed he was born overseas. paul, this far in -- does it make sense that so many people still seem to believe this. >> this is going where they pick facts to suit their case. it's 41% of republicans. 41% who believe that president obama was not born in america. now he was. it's a fact. it's indisputable. and what frustrates me sometimes in the media is the neil armstrong effect. the moon is made of green cheese, we had someone on from nasa. and someone needs to call neil armstrong, you've been there, iraq or green cheese. we looked at it, the media and the governor of hawaii has looked at the man's birth certificate. he was born in hawaii. it's a shame on the republican right wing media that they pushed this distortion. and it reflects very poorly on conservative media. >> i know on your site, you don't cotton to this sort of thing. you think it's a fringe group. but 14% of republicans saying they're sure that obama was definitely born in another country. >> you know i can't help that there are a lot of crazy people out here, a lot of people are wrong. i'm reminded you go back to george bush and the documents that were proven forgeries that dan rather used. a lot of people on the left think they're legitimate arguments where they weren't. we get to the bush derangement syndrome, before them, the obama derangement syndrome. some people are so partisan they have lost touch with reality the rest of us live in. i can't make excuses, come back to earth. >> the other big part is the battle over the islamic center, a mosque, two blocks away from ground zero in new york. paul, i mean, how much does it concern you that you have conservatives arguing that there should be investigations of the backgrounds of religious figures who have not committed any crime by any definition. >> you know, again, it's against the libertarian message which is the government shouldn't tell somebody on private property how they worshipped god or where to worship god. there's been a mosque in tribekka not far from ground zero for 30 years. mike bloomberg, independent mayor of new york city gave a conservative argument when he said, governments shouldn't tell private property owners how, when, where, and who to worship. >> i tuns politics and the emotion behind it. as a conservative, does it worry you, government investigating, people who basically doing something with private property? >> you know, it does. the private property issue is a kenard to a degree. there are bigger issues at stake. we are at war with a group of people. this is going to be a propaganda victory for a lot of people who we shouldn't be giving them that victory. >> this is a guy -- i don't know him personally. he's a guy who's been here. he's been preaching in tribekka for more than 20 years in a mosque. the state department sends him out around the world to represent the united states as a place that's welcoming muslims. isn't this exactly playing in to the hands of osama bin laden by painting all muslims with the same brush and saying moderate muslims are under suspicion unless they can prove their allegiance? >> we're not painting all muslims with that brush. we're pating some with that brush who deserve it, i think. this is a guy who says one thing in the united states who goes overseas and says things that we would find abhorrent here. the larger issue is the respect for ground zero. and now the argument is that it isn't ground zero, it's 300 feet away when the people bought the property, bought it, they pitched it as being at ground zero. >> you're osama bin laden and you're in north waziristan watching this debate as he no doubt is, he's going to be pleased to say, look, they're not allowing a mosque to be built in new york city whereas if a mosque is built near the hallowed ground of ground zero, offensive to many people, no doubt about it. i mean, i have qualms about it myself. but doesn't it send a message about what america is and the strength of america and their values? oh. >> you know, i would love to believe that. but, no, overseas is not going to be viewed that way. lit be a propaganda victory for a lot of radical islamists to have a mosque planted on ground zero. >> i disagree. the propaganda victory is if, in fact, they're blocked and they can argue, once again, they're oppressed by the great satan america, which is not true. i would point out the most famous muslim is an american, mohammed ali. we continue to be welcoming to muslim. the people who perverted that religion in the terrorist attack should not be seen by americans as the face of islam. and we shouldn't allow that. >> going to leave it there. paul begala, eric ericsson, appreciate your time. tanks. >> let you know what you think at ac360.com. everybody uses facebook. could it be used to invite a killer to justice. 107 days after the deep water horizon tragedy, a major milestone, but is the government telling the whole truth? the latest live from the gulf coming up. everyone who wants to go to college and everyone who started college but never finished... to late bloomers... full-time moms... and everyone who is good at something but wants to be great. welcome to kaplan university. the university that's changing the face of education... to undergraduate degrees, graduate degrees... degrees that can give you a leg up... in a tough job market... in any job market... welcome. welcome to kaplan university. call kaplan university now or visit us on-line to take our free learning assessment. one word turns innovative design into revolutionary performance. one word makes the difference between defining the mission and accomplishing the mission. one word makes the difference in defending our nation and the cause of freedom. how... is the word that makes all the difference. in crime and punishment tonight, facebook and the search for justice. family and friends turned to a facebook page to pay tribute to his life but also to track the woman who took it. here's ted rollins. paul maidman was 28, a student up pulling an all-nighter, at 3:00 a.m. on a friday, he went out to make copies and buy an energy drink. he was killed by a drunk driver. >> it's by far the worst day in all of our lives. >> paul's sister dawn says her brother was a computer genius who served eight years in the air force, had a great job, and was working on a degree because he wanted to run for political office. >> to get to that point that everybody wants to be at in life, to have it stolen from him in the middle of the night like that is so -- so unbelievable. it's so unfair. >> paul maidman left something behind -- a few years ago, he created a website to keep up with friends he called it teampaul. and as a joke, he made a team paul t-shirt with his face on it. now his family is using team paul to fight for justice against the driver who killed him. >> sitting at this intersection waiting for the light to change when he was hit from behind. you can see the yellow lines in the road here showing how his car was pushed all the way across the road to this pole. the car came to rest over here where the yellow boxes represent the placement of the tires of the vehicle. maidman died on the way to the hospital. police say the person who hit him was traveling at more than 80 miles per hour. >> the driver is 29-year-old miranda dalton. police say she never used her brakes. she had been out drinking, $1 cocktails on ladies' night at this country bar. on the bar's website, they had video of dalton dancing from last year and she posed for this photo the night of the fatal crash. according to the police report at the accident scene, dalton's speech was so slurred, an officer thought she had a foreign object in her mouth. her blood alcohol level was over twice the legal limit and she had a prior dui conviction in 2001. on the way of paul maidman's wake, two things happened, dalton was released on bail d team paul came back to life. the facebook page became a rallying point to rally people to pressure the legal system not to go lightly on dalton. it became a spontaneous surveillance network. people were starting to report on dalton's whereabouts. on what would have been paul's 29th birthday, the sister got a call. >> the call came from this las vegas bar. miranda dalton was inside partying. the court had ordered her not to drink. the she was wearing an ankle device. >> get in your car, go there, see for yourself if she's there. >> when she arrived, she found dalton inside, got out her cell phone, and started taking pictures. the photos show dalton with her hair died and wearing glasses when a judge saw the photos and learned the ankle device might have been tampered with, she raised her bail to a half million dollars and dalton was back in jail. miranda dalton. dalton pled guilty and is scheduled to be sentenced this month. maidman's family attended this hearing wearing team paul t-shirts. outside, dalton's friend defended her. >> there's more to her than just the accident that happened that night. there's a lot more. she's a mother, a friend, a daughter. her choices were wrong, clearly, obviously. but to push for a harsher penalty, i don't think it's going to do more justice. >> about 3,000 people were on the team paul facebook page. they agree -- it is about justice. >> it can never be hard enough on her, ever. because she's done it before. and she would do it again. and the next time it could be my child or my neighbor's child. >> paul's family is hoping to grow team paul even bigger. they'd like to see it push for harsher drunk driving laws around the country so other families don't have to suffer like they are, ted rollins, cnn, las vegas. >> what a strong family. a quick programming note. tomorrow on "360," crime and punishment and facebook robbers, how criminals are using social networking sites like facebook to prey on unsuspecting victims. i want to take him on his first flight. i want to run a marathon. i'm going to work with kids. i'm going to own my own restaurant. when i grow up, i'm going to start a band. 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[ male announcer ] the same 117 elements do the fundamental work of chemistry. ♪ the difference, the one element that is the catalyst for innovation, the one element that changes everything is the human element. ♪ after 107 days, a milestone in the efforts to end the bp disaster. the well was essentially sealed off after the static operation pumped heavy drilling mud into it. thad allen gave bp the green light to cement the damaged well. now earlier in the day, a new government report says 75% of the oil that flowed into the gulf was gone, which president obama was click to seize on. listen. a report out by the scientists showed the vast majority of the oil had been dispersed or removed from the water. so the long battle to stop the leak and containing the oil is close to coming to an end. we're very pleased with that. >> not everyone agrees with that, however. that assessment, the methodology of the report isn't really clear. and the -- and the group -- the noaa, the group that released the report there, they're the same ones who claim 5,000 barrels of oil were pouring out of the well. and they say a well back down to 60,000 barrels of oil were pouring out. tom foreman joins us with the latest, tom? >> hi, anderson. the government's analysis of what happened to the nearly 5 million barrels of oil that gushed from that well is raising hope and sharp skepticism here on the coast tonight. the report says a quarter of the oil was taken care of by burning, skimming, or direct captured. another quarter, naturally evaporated or dissolve solved. another quarter was dispersed in the water as microscopic droplets and the last quarter is still there as a light sheen on or near the surface or it's turned into tar balls and cleaned up and bury in the sand. that's what's happening to all of the oil. >> the methodology they use is not clear. and now some reputable independent scientists are raising questions about whether these figures are legit. >> a fair question as i raised before. the truth is when you talk to the people along if gulf here, some of them buy all of this, but many emphatically do not over and over again -- folks have told me again that they think the government and bp despite all of the pledges of transparency have misled them and hidden information. that's what people on the gulf keep telling me. and listen to what a woman said today in the fishing town here about this government report when i went down to talk to her. her name is phoebe jones. >> if they're doing so good, why are these people still here working? why? because they're not done. >> so you don't believe what you're being told? >> no, i don't. >> they sprayed all the dispersants and stuff and it made the oil sink. it's off the top. it all sunk. >> why are they saying they're making this progress because it's not true. >> they want to cover their butts. they actually want to cover their butts. they know they got more problems ahead. because when all these other people around here start getting sicker and sicker, they'll see it. >> a new survey out of columbia university of 1200 coastal residents shows she's not alone in her anger or her doubt, one in five say they've lost income to the spill, about one in ten say they lost their jobs. and a quarter think that they will have to move away from the gulf as the true impact finally becomes known, anderson. >> ken feinberg says mental health issues are not going to be paid for counseling and the like, not going to be paid for in this $20 billion fund. and i think, the last i heard, bp still hasn't said whether or not they were going to pay the states. louisiana long ago, months ago, had asked for a few million for mental health counseling and stuff. we'll double check on that tomorrow. local officials, how are they reacting to the new studies? >> i tell you, anderson, what they're doing is they are pressing fast and hard right now to make sure that bp and the fed stay engaged on the cleanup and restoration of the economy. i tell you, what president obama said, i think, makes people nervous here. they feel that's the disengagement. problem solved. they know here that the states have lost tourism by one estimate maybe up to $23 billion worth over the next three years. untold numbers of animals have been injured or killed and miles of habitat soiled -- i say untold, because when you talk about contamination of a nursery area for some species, the impact might not be known for years and could be very bad. and, of course, there's no complete tally on the jobs loss, no real sense of how much trouble gulf seafood producers are going to have selling their problems when this is all over. that's why some local leaders are saying very loudly tonight, make no mistake about it, the crisis for them is not past. >> and even the scientists, the noaa scientists who announced the new report today publicly said, look, when pressed, said, look, we're not trying to give the impression that this thing is over. we're not going to know for years the impact of all of this stuff. tom foreman, thanks. new news recovering tonight. joe johns with the 360 news and business bulletin. joe johns shows us how it works. a watershed moment for leader of the training team after six weeks of intensive training, they're weatherizing their first home. >> how are you doing? >> acts as a perfect -- >> does it? >> yes. >> for carlita price, the help can't come soon enough. she's unemployed and raising six kids on her own. >> we do not have the funds to really put new windows and everything we need in >> reporter: once inside the team installs window kits and seals cracks. carlitha's sons are relieved after spending the last few winters without heat. >> we did have a little trouble in the wintertime and trying to keep us warm we'd have to light fires and stuff. >> reporter: by the end of the summer the gelt team hopes to complete 200 more homes in highland park. it's part of an even greener plan designed by global exchange activist scott melanie. >> we're talking about a citywide food system. we're talking about we're in the process of acquiring more land. we're talking about turning that land into full-scale agriculture. we're talking about revitalizing a farmer's market that hasn't been in highland park in decades. >> reporter: melanie and gelt set up shop in highland park, once home to ford and chrysler, now one of the worst neighborhoods in detroit. this formerly abandoned house is now a makeshift classroom. here energy experts teach gelt members how to weatherize homes. >> today right now we're going to be talking about what goes into that electric bill. >> reporter: and in a back yard overgrown for decades a so-called urban lab showing

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