face-to-face with president obama at the white house wednesday night. both sides emerging with no deal and no signs of progress to end the stalemate. >> the president reiterated one more time tonight that he will not negotiate. >> we're through playing these little games. >> reporter: republicans still demanding president obama accept a delay to his signature health care program. >> all we're asking for is a discussion and fairness for the american people under obama care. >> am i exasperated? absolutely i'm exasperated. >> reporter: in an interview with cnbc, the president reiterated that he won't give in on obama care but said he will negotiate on budgetary issues like taxes, spending, entitlement reform if the republicans first agree to re-open the government for several weeks. >> we have a situation right now where if john boehner, the speaker of the house, puts a bill on the floor to re-open the government at current funding levels, so that we can then negotiate on a real budget that allows us to stop governing from crisis to crisis, it would pass. >> reporter: the president is probably right. but that's not happening anytime soon. instead, house republicans held votes again on funding the government in a piecemeal way, that the senate will surely reject. meanwhile, not far from the capitol, the world war ii memorial, operated by the largely shuttered national park service has become a proxy in this battle. to counter images of world war ii vets showing up to the barricaded memorial, the rnc offering to pay to keep it open. >> our veterans deserve the freedom to see this memorial. we're willing to pay the bill. now it's up to the president just to let them in. >> reporter: that is just what happened. the national park service saying it will keep that memorial open for world war ii veterans, an outrageous image off the table. we understand the rnc will not be picking up the tab. >> brianna, thanks for starting us off this morning. as washington squabbles, the american people are facing real consequences from federal food regulation to fears that our national security is at risk. the shutdown fallout has wide-reaching impact on daily life. the question no one, though, has an answer for, when will furloughed workers get back to work? rene marsh is at the lincoln memorial this morning with more. good morning, rene. >> reporter: good morning, kate. day three the lincoln memorial still closed this morning. there are hundreds of thousands of federal workers, their lives still in limbo this morning. they really do not know when this will all end. instead of starting their day at the office -- >> let us do our work. >> reporter: -- these furloughed workers are manning the picket low. >> being place in a furlough status. >> reporter: for the nearly 800,000 federal civil service workers they're now nonessential status is a slap in the face. >> you think? yes, i'm upset. >> i still have to put food on the table and pay my bills. >> reporter: people living on this military base in hawaii stocking up before their commissary closes down. >> i came to grab a couple things. i started getting a little panicked by when i saw how empty all the shelves were. >> reporter: the shutdown could also affect food safety. >> here at fda headquarters in maryland they've been hit hard by the shutdown, several hundred food safety inspectors have been furloughed. that means people who watch out for the safety of our eggs, produce and seafood, several hundred of them furloughed. it does increase the risk of food-borne illness and some kind of an outbreak. >> reporter: empty hallways at the centers for disease control as well. >> we're out of the office on furlough and unable to take your call. >> i'm concern for the experts that we have here. what is it that might be happening. >> reporter: even more painful, reynolds says, because of the shutdown, the cdc can't support its annual flu program just as the season is arriving. the impact is being felt beyond the cdc's walls. >> the manager tells us sales are down here. they've even had to cut back on employee hours. he says most of the people who typically fill up these tables during the busy lunch hour work across the street at the cdc. >> i've cut back my staff significantly. a lot of my staff have young children as well. it's making an immediate impact. >> reporter: the shutdown also complicating the search for a missing woman in idaho. >> here at this idaho national monument, whichas you can see, park rangers are continuing their search for a missing woman, that's whether they get paid or not. the national park service gave them a green light to continue their search for a missing 63-year-old doctor. the expectation is they'll eventually get paid for their hours but there's no guarantee. >> reporter: meanwhile, the majority of national parks and monuments remain closed. we can tell you that the army's college football game in boston will go on as scheduled this weekend as well as the navy versus the air force game. chris and kate, back to you. >> all right, rene, thanks so much. you see the small impact. a football game isn't really big impact of the shutdown but it just shows how unsettling it is and how it's impacted so many lives. >> the longer it goes, the worse it will get. a shutdown is one story but a lot of news. we get to michaela. news developing right now, in fact breaking. at least 88 people have died after a boat capsized and caught fire off the italian island of lampedusa. we go live to rome right now. ben wedeman is joining us. >> reporter: the italian coast guard telling us they've rescued 163 people, my grants coming from, according to the coast guard, somalia, eritrea, ghana and other nations. they believe the boat could have held as many as 500 people. this has been an issue for years now, my granigrants coming froma to the middle east to the southern italian coast and island. just last night, 463 syrian refugees landed safely in the lampedusa and the island of lampedusa as well. right now, the coast guard still conducting these operations off the coast of lampedusa. government boosting computer capacity to handle unexpectedly strong obama care web traffic. obama administration officials say servers are being added and the system is being streamlined to improve performance. the health care.gov website. dr. sanjay gupta is on the road. he'll join us later in the show with more. tragedy on a highway in tennessee. eight people killed. when a church bus blew a tire and crossed the median on interstate 40, colliding with an suv and a tractor-trailer before flipping over. six senior citizens on the bus died, along with the driver of the tractor-trailer. and a passenger in the suv. more than a dozen other people also injured. you might recall this dangerous hard landing over the summer. it's now cost a southwest airlines pilot his job. that captain with 13 years experience decided to take the controls from his co-pilot just seconds before landing at new york's laguardia airport. the plane came down nose first breaking the landing gear and sending that plane skidding down runway. ten passengers were hurt. the first officer will receive additional training. here we go. we have not discussed this on "new day" yet where you stand on the issue of big foot. you be the judge. these are pictures from a group called the sasquatch project. they were leased by an entrepreneur trying to promote a documentary. cnn regrettably not able to confirm whether or not this is indeed big foot. we haven't discussed it yet. where do you stand? >> i don't have a position. i try to be very agnostic when it comes to the conspiracy. this is straight out of an episode of "newsroom." >> i feel both of you missed a great opportunity. you should have said there's big foot. >> you actually -- >> no. >> the thought came and i said i love it so much i'm not going to do it. >> so obvious i'm going to insult myself. >> let's go to indra petersons, our meteorologist. >> wait a minute here. >> am i hairy, do i have big feet? what are we going with? >> you with the big feet and a lot of hair. >> that would be me. i want you to pay attention to what could be our next tropical storm karen. there's a high chance we see this develop. the difference between yesterday and today, this is a spaghetti model. it shows you the weather models and where they think it will go. some of the models took it through texas and the panhandle of florida. we're seeing this narrow down as far as where it could go. one of the models, this is the european model here, it makes landfall here, most likely about late saturday evening, kind of around new orleans, biloxi. not a strong system. if it develops right now, we're talking about a strong tropical depression or weak tropical storm. that's what we're looking at. the rip tide it makes its way in, strong winds and the flooding concerns with heavy rain. right around the gulf itself, about 4 inches of rain. it continues to make its way further in, 1 to 4 inches of rain around arkansas. we continue to watch this midpath as we go through the weekend here for further developments on this one. into the northeast, still beautiful. just like yesterday. temperatures, 10, 15 degrees above average again. but i try to put clouds on all of your three days here. really to show you that will start to change even though the temperatures stay up there. there is a system that will make its way through with a chance of rain. we see that around the midwest and even a chance for severe weather. 1 to 2 inches of rain we don't see the heavy thunderstorms but if you're in iowa or nebraska, even the threat for tornadoes with most likely large hail and strong thunderstorms in that region. otherwise it continues to make its way east overnight tonight and in through tomorrow. the northeast, you'll be talking about that threat for rain. the big thing is we'll be that tropical storm this weekend. if it does develop, we'll watch it. >> thanks, indra. >> we'll take a break. coming up on "new day," new developments in the case of the terrifying brawl you see in this video. the bikers, the suv, what happened? for the first time we have new images that show the video moments after. the video stops, things happen. we now have photos to show you. also ahead, a verdict in the michael jackson wrongful death trial. concert promoter aeg live off the hook. the jackson family shut out. we'll hear from one of the juries behind this verdict. wout of landfills each year? plastic waste to cover mt. rainier by using one less trash bag each month, we can. and glad forceflex bags stretch until they're full.* so you can take them out less often. make my mark i wawith pride.ork. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there. welcome back to "new day." we have new developments for you in that suv/biker altercation in new york. police are looking for help finding any of the riders involved. one was charged wednesday while another was released. the violent episode ended with the suv driver beaten and a rider in a coma. now for the first time we have a look at what happened when the video stopped. let's bring in pamela brown, joining us with the latest. this is what matters most, the moment the police have to develop what we know. >> absolutely. police are asking for the public's help, chris. so far no charges have been filed in connection with the assault on that driver, alexian lein. charges were dropped against one of the bikers who appeared in the helmet cam video pounding on the suv right before lein was assaulted. some of the motorcyclists appeared at a vigil for edwin mieses, the biker who was seriously injured. anger and heartache for the family of edwin j. mieses, the motorcyclist showed in that helmet cam video run over by alexian lein's range roverer as it was trying to escape a swarm of motorcyclists. >> it's a family, not a gang. >> reporter: the bikers were portrayed as the aggressor and this road fight gone viral saying charges should be considered against the suv driver. >> there could have been other things that could have happened or done instead of running somebody over. >> reporter: others disagree. >> i would do the same thing he did. they threatened his family and started slashing his tires. >> being threatened like that and being attacked the way he was and in fear for your life, i don't think he had a choice. >> reporter: this video shows two bikers striking the suv when it got stuck in traffic after exiting the highway where this began. these new pictures from "the new york post" appear to show lein on the ground as his wife looks on. police released these two pictures of one suspect who they believe was banging on the suv with his helmet. charges were dropped wednesday against allen edwards, the other man pounding on the suv. a law enforcement source telling cnn edwards may have actually been trying to protect lein. in a statement, the manhattan d.a.'s office says prematurely charging individuals with low-level crimes does not further the goals of the investigation and could weaken the cases we expect to bring. one biker, christopher cruz, was in court wednesday facing reckless driving charges for what happened before the assault. you can see him in this video slowing down right in front of the suv, causing lein to bump into him. the incident that apparently sparked the confrontation, according to police. cruz's attorney says he did nothing wrong. >> his motorcycle was struck and he stood right there. i never assaulted this man. >> reporter: this video from 2011 shows a separate case of alleged biker violence. riders appear to surround and antagonize a motorist. law enforcement sources tell cnn they're examining the footage frame by frame, looking for possible patterns in what they call biker gang activity. and authorities are hoping to make more arrests in connection with the attack on lein. investigators are still digging for information, talking with witnesses, analyzing the video and listening to 911 calls lein made during that chase. meantime at the vigil last night they raised almost $400 and hope to raise more at another rally today. this is still an evolving case, still developing. >> very complicated. this is all fact driven. the video gives us pieces. you think it will tell you the story. it tells you everything you don't need to know in some ways. when the first biker was struck, the man you see looking backwards, police will have to develop why that happened. the man slowing down. it may have been mischievous, it may not have been. it doesn't matter, though. does that driver stop, does something happen when he stops that makes him go into a panic and run over who we see get run over in the video and everything that ensued. that's very important because the mote vagus for the actions will tell the story in terms of the law here. and until the police develop why things happened the way they did, charges will not come out is my suspicion. hearing different from the office? >> no, that's absolutely right. it's just they're saying it's too premature to file any charges right now. they had someone in custody for what happened in relation to the assault and they decided to drop those charges. they said this doesn't mean there won't be more charges forthcoming but we're trying to piece together the full picture. the video doesn't tell the full picture. we don't see what happened after those motorcyclists pounded on the suv. we still don't know why the driver chose to speed off when he was swarmed by the motorcyclists. a lot of unanswered questions. the story still very much developing. >> banging on a window is not a crime. and we're touching on a culture here also. these big packs of riders, not gangs, just riders and things that happened. complicated for police. we'll keep following it. >> thank you. we'll talk with one of the guys who was riding there. he saw what happened or at least parts of it. we'll get his take on the situation. kate, over to you. coming up next on "new day," two words we all hate, bank fees. they're costing americans billions of dollars a year and now they're going even higher. we'll talk about just how high and also what you can do to avoid them. also ahead, president obama sitting down with congressional leaders to talk about the government shutdown. the big takeaway? no progress. where do we go from here? john king will be here to break it down in this morning's "political gut check." before the last grandchild. before the first grandchild. smile. before katie, debbie, kevin and brad... there was a connection that started it all and made the future the wonderful thing it turned out to be... at bank of america, we know we're not the center of your life, but we'll do our best to help you connect to what is. wout of landfills each year? plastic waste to cover mt. rainier by using one less trash bag each month, we can. and glad forceflex bags stretch until they're full.* so you can take them out less often. nthat's why they deserve... aer anbrake dance. get 50% off new brake pads and shoes. >> announcer: you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. hello. welcome back to "new day," it's thursday, october 3rd. coming up, they were looking for a billion dollars but michael jackson's family will get nothing, says the jury. what were the key facts? what were the key reasons they made their decision in los angeles? we will tell you. plus, you overdraw your checking account by a quarter and get stuck with a fee as steeps a3. seems unfair, right? bank fees are on the rise. we'll tell you by how much and what you can do about it. a lot of news going on right now. let's get to michaela. day three of the government shutdown. lawmakers hammering away at one another instead of a deal to end that stalemate. a meeting at the white house last night didn't get the parties any closer to a deal. the president says he's willing to negotiate but only after congress re-opens the government. a small but growing group of moderate house republicans say speaker john boehner should allow a vote on a clean spending bill. another humanitarian crisis may be unfolding in syria. according to "the wall street journal," the assad regime is choking off food supplies to a damascus suburb that suffered a chemical weapons attack in august. international aide workers report pro-assad forces have encircled the 12,000 people living in the village. one soldier quoted as saying, let them starve. improving weather is giving rescue crews more hope they'll find two missing hikers today. a man an a woman still missing in separate remote areas of the southwest washington state. the 31-year-old man was last seen saturday, the 23-year-old woman failed to check back in with family on monday. a u.s. citizen from bosnia now being held on $1 million bail for allegedly telling airport security screeners at jacksonville international airport that he had a bomb in his back. he appeared in court wednesday. investigators say it ended up being a hoax, that his backpack contained a microchip, a small battery pack and a cell phone. they evacuated the whole airport and inconvenienced travelers for about six hours. apparently the clintons have baby fever. chelsea clinton making a big resolution for next year. apparently she says she wants to start a family. in a "glamour" magazine interview, she calls 2014 the year of the baby and says her mom, former secretary of state hillary clinton cannot wait to be a grandmother. i had a chance to speak with her a couple months back and she said that was one of the talks, as busy as parents are with all of the things they are involved in, they drop hints frequently. >> that family is just like every other family. >> close to home. >> if you talk to your parents and grandparents about having kids. it happened when it happened. now it's like next year we're getting on it, about april 10th. >> we want the due date to be -- >> they have to do items for their children. >> we want it before we have to start the primary process. the political gut check, no deal after the president sat down with congressional leaders wednesday night. top senate republican mitch mcconnell calling the meeting unproductive. will a speech today from the president change any of that? let's go to cnn's chief national kpon john king for more on this. john, i always love the words, the statements an speeches that come out after these meetings. things we heard last night, the meetings with useful, worthwhile, cordial and a polite conversation but most importantly, no deal came out of it. >> no. >> what are you hearing? was anything accomplished in the meeting? >> well, let's try for the perfect segue. maybe 2013 is the year of the babies. they work in that building behind me there. no. now, let's be quasi optimists. you have to have the first tough meeting to move on to the second meeting and third meeting. >> good point. >> the fact they were all in the same room, we should take as a good sign. i'm told by people on both sides, democrats and republicans, that that's all that happened. everybody explained their positions, nobody budged and both sides said they're not going to negotiate. they have now a president who says the house republicans have to give up and surrender and the house republicans are saying no, mr. president, unless you give us a piece of your health care bill, we wouldn't back down. the one piece that complicates it and maybe gets you on a path toward a resolution, not not short term is that it's one big deal. we were talking about the shutdown. with that let ceiling deadline two weeks away. the stakes are enormous. >> do you think it has become a dual crisis they're dealing with, if they're going to deal with it, they're going to not only deal with the shutdown and then start talking about the debt ceiling, they'll have to deal with it all together? >> yes. if we're going to get a resolution to the shutdown in one or two, here we are on day three, that would emerge. now that we're heading into the weekend and the second week, it makes no sense. let's assume john boehner will not get anywhere near where he started, defunding, essentially derailing obama care. does he want two tough votes or one tough vote that gets him grief from his conservative rebels? odds are, almost certainty is now if this is resolved, i'm still going to say if. there are some people who think we could default in two weeks. watch for the market forces here. the financial markers are one driving factor. a lot of americans just got their savings back after 2008. they got back to that post-financial crisis. if the markets start to tank, that will get people angry. the only way to move some of the house rebels who don't follow their leadership, don't care what president obama says, if they start going home, and the local pizza guy, the local car dealer says, wait a minute, do something about this. >> let's talk about the math, the vote. the way it looks right now, it looks like the votes are probably there to pass a clean funding bill without any health care elements on it with republican and obviously a lot of help from democrats. why then does john boehner see more upside in not allowing that vote at this moment? >> it's more -- it's not so much more upside, it's more about what the potential downside is. you know this kate from your days wandering the hill. we don't live in a pure democracy. the democracy does not rule in the sense you have 435 house members, let's see what can get a majority of votes and bring it to the floor. if that were the case we would have passed immigration reform, some form of tax revision months ago. the leadership decides what comes to the floor. it tells you how many amendments can be offered, if any amendments can be offered. it is not a pure democracy. if a republican speaker says i'm going to get most of my votes from the democrats, he's undermined his credibility with the republican party. although he is furious, i hate to use the word, he's a hostage to them right now. >> didn't it the also speak to the layout, the landscape of the district map? there are more republicans that are in safer, more conservative districts, they are listening to their constituents, so they feel very safe dragging this out. >> and this works both ways. at the moment the focus is on the republicans. there are, i believe, 17 republicans, only 17 republicans of 230 plus in the house who go home to districts carried by president obama. most of them go home to districts the president lost by 12, 15, in some cases 25 and 30 points. what i call the cancer in our politics is the fact there are so few competitive house districts across the country. most lawmakers and this is true for the democrats, too, most of them live in districts where they're not worried about a challenge from the other party. they're worried about getting beat in a primary. if they can win the primary, they're guaranteed almost of winning the general election. a lot of conservatives are saying i have such a conservative district, if i don't do this, i'll get beat from the right. the lack of competitive house raess in the country is a huge, i would say the defining factor in the polarization that we've seen for years now. >> you're absolutely right. it's on the right and the left. the republicans and the majority, really see them flexing their muscles in that regard right now. >> that's right. >> thanks, john. >> thank you. >> something i want us to work on is to show what you are talking about right now. people ignore it. yeah, yeah be, appropriation. >> it sound technical. it has real-life implications in what legislation is taken up and what part -- and how push people too elle to compromise, i guess. >> i think it's key. assume that politicians do what they think is best for them. why do they think it's best for them? let's show where the districts are and how it is. i think it's meaningful to do. >> the longer the shutdown goes, the more it will mean in midterm elections for both parties. >> that's an appropriate point. >> the timing is there also. let's take a break -- we're not going anywhere. within we come back on "new day," a jury says the jackson family cannot collect from concert promoter aeg in the death of the king of pop. there is a twist in the case, though. we'll tell you what it could mean for the jackson family. and also this, with so much hate in the world, love blooms, at least at a london zoo. celebrating the birth of their first tiger cub in nearly two decade. we'll introduce you to the little ball of fur, ahead on "new day." mom, dad told me that cheerios is good for your heart, is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan? welcome back to "new day," everyone. let's get straight over to indra for another check of the weather and the forecast this morning. good morning. >> as long as it's good we're all happy. it will stay that way for just a hint longer. temperatures 10, 15 degrees above normal out there. there are cloud icons on here. there's a reason for that, even though it stays warm. we'll be talking about showers in the forecast. not a huge rainmaker, just a general area, about 1 to 2 inches. it has the potential for severe weather. notice around nebraska and iowa, even a threat for tornadoes is in the forecast. but especially severe thunderstorms and large hail and strong winds in the region. the same system will eventually make its way into the northeast tonight in through tomorrow. by then it should start dissipating. not that strong weather. enough to get the ground wet, 1 to 2 inches of rain in the northeast again. that will be mostly in through tomorrow. the bigger story will be the storm behind it. this is the one making its way through the pacific northwest. it will be a huge snowmaker. 1 to 2 feet of snow possible. wyoming and colorado, those peaks could see flurries out there. once this storm exits the region and makes its way east, that is a cold storm bringing all that snow. look at the temperature contrast across the country. when you start to see that, you'll be talking about a severe weather outbreak. that's what we're looking for as we go in through tomorrow. the high plains and the midwest, possible tornadoes, something we haven't seen for a while. a quiet season so far. unfortunately this does make its way back into the forecast. today, snow, but beautiful in the northeast. >> we're watching it. thanks, indra. we want to talk to you about the jackson family lawsuit. there will be no closure of a financial nature for the jacksons. their wrongful death suit could have been worth a billion dollars. a jury unanimously awarded them nothing. cnn's miguel marquez is live in los angeles with why. good morning, miguel. >> reporter: good morning there, chris. this is a shocker of a verdict given how long this case went on and how much evidence was put out there. the jury form itself was long, 16 questions answered. 5 had to be answered in jackson's favor before they could get to the damages. the jurors only got to question two. >> has the jury reached a verdict? >> reporter: this morning, a verdict in the michael jackson wrongful death civil suit sinking in. >> we, of course, are not happy with the result as it stands now. >> reporter: jurors speaking out. >> michael jackson was pretty used to getting his own way. >> reporter: aeg live may have hired dr. conrad murray but michael jackson was responsible for his own care. >> if anybody said no, well, they were out of the mix. he would find somebody else. >> reporter: jackson's mother and children sought as much as $2 billion from the concert promoter for what they claim was the company's role in hiring and supervising dr. conrad murray who was convicted in 2011. >> guilty. of the crime of involuntary manslaughter. >> reporter: for administering a fatal dose of the surgical anesthesia propofol. >> question number two. >> reporter: jurors found dr. murray competent when aeg hired him. >> was he unfit or incompetent to perform the work for which he was hired? answer, no. >> conrad murray was hired to be a general practitioner and maybe had the word ethical been in the question it could have been a different outcome. >> reporter: the jury deliberated a mere 13 hours after sitting through five months of testimony and the presentation of thousands of documents. this much less publicized trial, full of twists and turns, including testimony from jackson's crying mother katherine and the mother of jackson's children, debbie rowe. the stress of the trial affecting jackson's daughter paris, hospitalized and still getting special treatment after a suicide attempt. >> michael jackson's mother katherine released a statement saying she was at least happy that the jury found that aeg did in fact hire dr. murray but both she and her lawyers say they will look at every legal possibility coming out of this verdict. my guess is this may not be the last jackson trial. kate? all right, miguel, thanks so much. let's go around the world, starting in kenya where al shabaab is making a chilling new threat against the kenyan government. we have the latest from nairobi. >> reporter: al shabaab are determined to press home their advantage. now warning kenyans to prepare for a long and gruesome war ahead. the kenyan government says it is already at the highest of alert levels. that's scant comfort for those struggling to cope with the aftermath of the horrific event at the westgate shopping center, now being told they have greater reason for anxiety. back to you, kate. >> thank you so much. and a high honor for russia's president. he's been nominated for a nobel peace prize. matthew chance has more. >> reporter: he's not everyone's idea of a nobel peace prize winner. vladimir putin has been nominated to are that honor, russian advocacy group recommended putin for the prize, crediting him with peacefully diffusing the chemical weapons krois is in syria. u.s., remember, had threatened strikes on syria before this deal to disarm the country of its chemical weapons was brokered. back to you, kate. >> matthew, thank you so much. and a very exciting event at the london zoo. the birth of the first tiger cub there in 17 years. erin mclaughlin has that. >> reporter: say hello to the latest edition of the london zoo, a baby tiger cub. they captured them on special hidden cameras. we don't know if the cub is a boy or a girl. they're trying to give these two a little bit of privacy at first. they even kept the pregnancy a secret. they will hang out in special dens for the next couple of weeks before the public is allowed to visit. back to you, kate. >> all right, erin, thank you so much. what were you saying? >> tigers have dots on their ears. it looks like they have eyes in the back their head. >> they do. >> it's intimidating. >> just clothes pins back there. coming up on "new day," with the economy struggling and now the shutdown, it's good that banks are responding by raising fees to record highs. so what is a consumer to do? we have some advice for you. plus, this cameraman is trying to get the shot but someone keeps horsing around. and this is just the beginning. it's our "must see moment," just ahead. so ally bank really has no hidden fees on savings accounts? no hidden fees. it's just that i'm worried about you know "hidden things." ok, why's that? well uhhh... hey daddy, what's your job? daddy's a uhh florist. are you really a florist? dad, why are there shovels in the trunk? there's no shovels in my trunk. i see shovels... you don't see no shovels. just am. well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally. make my mark i wawith pride.ork. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars. ♪ save your coffee from the artificial stuff. ♪ switch to truvia. great tasting, zero-calorie sweetness... ...from the stevia leaf. why are the banks raising fees? >> because people pay it. keep your money in your pocket. this song is appropriate for this. welcome back to "new day." bank fees, they are hitting record highs. that includes atm fees which are at an all-time high. overdraft fees increased for a straight 15 years. how high are they going to go? we put the question to christine romans. >> the banks say it costs 250 to $300 a year to keep a checking account for you. they say after congress put restrictions on overdraft charges and jacking up interest rates they had to find a way to make money. they charge higher atm fees and higher overdraft fees. that's how they make money from your money, michaela. >> this one is shaking his head. >> he doesn't buy it. >> i buy it, i just think it's wrong. especially when you have a record bailout, the biggest welfare program in the history of the world and you'll find out ways to edge out on people who live at the margins? >> they say 250 bucks a year, they have to get that money back somehow. >> they're making tons of money. >> credit unions are not for profit. banks are here to make a profit, not do a service for us. >> true. >> bailout point is very well taken. they were bailed out in their time of crisis but they're not giving a bailout bank fees, no question. >> bank fees are high. are they going to go higher. >> yes. i think you are in trouble if you have overdraft protection. if you don't have enough money in the bank and you go buy something -- i think they can keep charging fees, which is why record numbers of people are going to credit unions or using technology, finding online banks or shopping for banks that have the lowest fees. you can do that. i encourage people, do direct deposit. sometimes you can get free checking. that can help offset things. >> we don't want to leave people with the doom and gloom. what else can we do, figure out where there's atms you bank with so you don't get the extra fees. >> most of the atm fees are going to the same percentage of people who just don't care. they will not walk an extra block, michaela pereira, to make sure they're at the atm. you don't feel it right away. you don't feel the 2 bucks or 4.50. check out credit unions. make sure you are using the bank in your network when you're getting an atm fee. link your checking and savings account so you can very quickly -- look at the technology. you could move a hundred bucks over and avoid an overdraft charge. turn off overdraft protection. that means if you go and use your debit card or credit card, boom, you don't have enough money in the bank, you'll pay 35 buc bucks, 40 bucks just like that. >> balance your checkbook. be responsible. you don't have to worry about somebody taking advantage. >> there are a lot of paycheck to paycheck americans. the people who least can afford it are the ones paying these fees. >> we want to get people at home in on the conversation. tweet us with what you think about all of this business, use the hash tag new day. thank you. i want you to stick around for the must-see moment. this is queenious. they are profiling a horse trainer. check this out. the horse kanoodles him, bites his ears. >> a brave cameraman. >> he's a consummate professional. he keeps shooting. >> or crazy. >> he's gnawing on his head like a post. >> it gets better. >> he's like your col cologne i lovely. >> there's been a development. the cameraman and -- they are now corresponding on facebook and their relationship status, complicated. >> wait, wait, wait. the horse and the -- >> cameraman are friends on facebook. >> i think this has just gone from adorable to creepy. >> you can't tell your heart who to love. >> chris cuomo. >> love just wants to find a home. >> he's a great man, horse bites, no joke. >> he looked like he was uncomfortable. but it was still sweet. coming up on "new day," a white house meeting involving the top leaders in congress goes nowhere. and fallout from the government shutdown continues. we'll talk with congressman holland, a democrat from maryland. here to talk to us about this, one of the motorcyclists who was at the scene. i'm angela, and i didn't think i could quit smoking but chantix helped me do it. i told my doctor i think i'm... i'm ready. 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[ male announcer ] ask your doctor i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. like most of life, baseball success is often about timing, peaking at the right team specifically. the tampa bay rays are not only winning games, they're doing it on the road at the right time. let's bring in andy scholes. tell us the significance. the rays just don't want to go home. since sunday they've won in toronto, texas and cleveland. now it's on to boston. last night, the a.l. wild card game, young, a towering solo home run. that's all the tampa bay rays would need. a trio of relievers shut out the indi indians. rays win the game, 4-0. they play the red sox in the divisional series. the playoffs roll on tonight on tbs, the st. louis cardinals will host the pittsburgh pirates in game one. first pitch at 5:00 p.m. eastern. that one followed by game one between the dodgers and braves at 8:30. one of the top stories on bleacherreport.com today is how about 49ers safety donte whitner wants to legally change his name to hitner. he's known as a big hitter. he was fined $21,000 just this past thursday for leveling a rams wide receiver. it's not going to be cheap. according to nfl rules, if he wants to do this midseason he'll have to buy all of the merchandise that has his old last night on it. >> really? >> all those jerseys and t-shirts in the pro shop, he'll have to walk in there and buy them all. >> what's your guess, how much could that cost? >> i'm not sure there's that many jerseys in the pro shop, it will be a few thousand dollars at least. >> my goodness. >> answer the question yourself. the president reiterated one more time he will not negotiate. meaningless meeting. congressional leaders and president obama finally talk in person but no deal. the president now making a new offer. details ahead. the gathering storm, tropical storm karen could form within hours. the atlantic 'slow hurricane season about to get a jolt. so where is it heading? new evidence in a terrifying scene, a motorcycle pack allegedly attacking a family in an suv. new photos show what happened after the video stopped. a witness speaks here this morning. your "new day" starts right now. >> announcer: what you need to know -- >> it's a gimmick, a ploy, it's politics as usual. >> announcer: what you just have to see. this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome back to "new day." 7:00 in the east. thursday, october 3rd, also day three of the shutdown. coming up this hour, we're going to talk to you about how there is no sign of progress on a deal. there are very serious consequences for every day americans from food safety fears to flu shot concerns. so what are we going to do to stop them? we'll talk with members of congress to find out why they haven't fixed this mess yet and what it all means about the coming debt ceiling which could not matter more. congressman chris van hollen and steve king will be here to give us the two sides of the equation. michael jackson's family misses out on a billion dollar payout. a jury finding that aeg live was not liable in his death. it's had family believed aeg should pay because they thought the company is the one that hired the doctor, gave jackson the drugs that killed him. in a complicated case may not be over yet. here's a buzz-worthy story. mia farrow, suggesting that ronan is actually frank sinatra's son. ronan himself is now speaking out. we'll hear what he has to say about all this. >> absolutely. but first, hopes were raised and then dashed as president obama and congressional leaders met face to face, trying to resolve the budget stalemate that's led to the government shutdown now in its third day. in the end there was no progress coming out of that meeting. brianna keilar following the latest developments live at the white house this morning. any signs of where things go from here? >> reporter: no, kate. good morning to you. this meeting was called unproductive by senate republican leader, mitch mcconnell. th that. >> reporter: for the first time since the government shutdown, congressional leaders met face to face with president obama at the white house wednesday night. both sides emerging with no deal and no signs of progress to end the stalemate. >> the president reiterated one more time tonight that he will not negotiate. >> we're through playing these little games. >> reporter: republicans still demanding president obama accept a delay to his signature health care program. >> all we're asking for is a discussion and fairness for the american people under obama care. >> am i exasperated? absolutely i'm exasperated. >> reporter: in an interview with cnbc, the president reiterated that he won't give in on obama care but said he will negotiate on budgetary issues like taxes, spending, entitlement reform if house republicans first agree to re-open the government for several weeks. >> we have a situation right now where if john boehner, the speaker of the house, puts a bill on the floor to re-open the government at current funding levels, so that we can then negotiate on a real budget that allows us to stop governing from crisis to crisis, it would pass. >> reporter: the president is probably right. but that's not happening anytime soon. instead, house republicans held votes again on funding the government in a piecemeal way, that the senate will surely reject. meanwhile, not far from the capitol, the world war ii memorial, operated by the largely shuttered national park service has become a proxy in this battle. to counter images of world war ii vets showing up to the barricaded memorial, the rnc offering to pay to keep it open. >> our veterans deserve the freedom to see this memorial. we're willing to pay the bill. now it's up to the president just to let them in. >> reporter: that is basically what happened. the national park service yesterday saying that the world war ii memorial will remain open now just for veterans. so this outrageous image off the table, we do understand, chris, that the rnc will not be paying the tab, though. >> okay, brianna, appreciate the reporting. the notion that the shutdown isn't a big deal is getting tougher to justify. we know about all the families of government workers not getting paychecks but now flu shots may be harder to come by, food safety may be compromised. even nongovernment workers are getting squeezed because their employers lack of business from their government counterparts. with this part of the story, rene marsh is in washington. >> reporter: good morning. it's day three as you mentioned. you see the gates behind me, the memorials and monuments are still shut down. meantime, those hundreds of thousands of federal workers, their lives still in limbo this morning and some of them are now starting to file for unemployment benefits. >> reporter: instead of starting their day at the office -- >> let us do our work. >> reporter: these furloughed workers are manning the picket lines. >> being placed in a furlough status. >> reporter: for the nearly 800,000 federal civil service workers they're now nonessential status is a slap in the face. >> you think? yes, i'm upset. >> i still have to put food on the table and pay my bills. >> reporter: people living on this military base in hawaii stocking up before their commissary closes down. >> i came to grab a couple things. but then i started getting a little panicked by when i saw how empty all the shelves were. >> reporter: the shutdown could also affect food safety. >> here at fda headquarters in maryland they've been hit hard by the shutdown, several hundred food safety inspectors have been furloughed. that means people who watch out for the safety of our eggs, produce and seafood, several hundred of them furloughed. it does increase the risk of food-borne illness and some kind of an outbreak. >> reporter: empty hallways at the centers for disease control as well. >> we're out of the office on furlough and unable to take your call. >> i'm very concerned for the experts we have here. what is it that might be happening that we're not going to catch as soon as we normally would. >> reporter: even more painful, reynolds says, because of the shutdown, the cdc can't support its annual flu program just as the season is arriving. the impact is being felt beyond the cdc's walls. here at this sand witch shop in atlanta, the manager tells us sales are down. they've even had to cut back on employee hours. he says most of the people who typically fill up these tables during the busy lunch hour work across the street at the cdc. >> i've cut back my staff significantly. a lot of my staff have young children as well. it's making an immediate impact. >> reporter: the shutdown also complicating the search for a missing woman in idaho. >> here at this idaho national monument, which as you can see, is very rugged terrain, park rangers, even in the face of the government shutdown, are continuing their search for a missing woman, that's whether they get paid or not. the national park service gave them a green light to continue their search for a missing 63-year-old doctor. the expectation is they'll eventually get paid for their hours but there's no guarantee. >> reporter: meanwhile, the majority of national parks and monuments remain closed. an update for the sports fans. despite the shutdown, we do know now that the army's college football game at boston as well as the navy versus the air force game, those games will go on this weekend as scheduled. kate? >> rene, thanks so much for that. as the government shutdown continues to impact americans, negotiations in washington have moved beyond legislative ping-pong to what it seems like, finger pointing at this point. congressman chris van hollen is joining us to talk about this. he's the top democrat on the budget committee. >> good to be with you. >> the meeting happened last night at the white house. no progress by all accounts. that's the only thing they've actually agreed on. from your perspective, where do things go today? can you offer any hope to the american people? >> well, kate, i think the president made a very important point which is that the american people deserve a vote in the house of representatives, on the plan to immediately open all of the government without conditions. if speaker boehner wants to vote against it, that's his prerogative. he can vote to keep the government shut down. you have to ask yourself, why won't the speaker allow a vote on the plan to open the government immediately? we have the votes to do it. we have enough democrats and republicans on a bipartisan basis to get it done. and the reason he hasn't had a vote, that simple act of voting, is because you have this very hard, reckless part of his caucus that is driving the train. he is listening to them. because of that small minority he's not letting the full people's house have a vote. that's the way democracy is supposed to work. and so i talked to people of all political affiliations and they are totally confused about why the speaker will not allow a vote. in fact, it turns out they actually changed the normal house rules to prevent us from bringing up a motion to ask for the vote. they put it in the hands only of the republican leader. >> you know often, congressman, when we're talking about the rules of the house, you're either on the losing side or you're going to add to confusion. >> the point is they change them in this specific instance to prevent us from having that vote. >> republicans say they are listening to their constituents and are standing firm. you know that vote is not going to happen. is anything happening in lieu of that? >> well, what you're seeing right now is republicans trying to take this piecemeal approach, cherry picking various government programs. but it's clear that that's not going anywhere. it's also clear that the way to avoid it and make sure we open up the entire government is to have the vote. i know you're saying that vote's not going anywhere. it's really important people begin to ask themselves why. because the speaker of the house is supposed to be someone who's the caretaker of the democracy here in the house. and democracy requires that people be allowed to exercise their right to vote. republicans and democrats alike. and by denying even the opportunity to vote, the speaker is essentially shutting down the house of representatives. now, senator cruz -- >> that is how the house is run no matter if it is a republican majority or a democratic majority. the majority and whoever is in power, they bring the legislation that they want to the floor. that's how it is. let me ask you this. i'm not even fighting with you. i don't want to get stuck on house rules at this point. we know that's not going to go anywhere. you have no negotiations going on at this point, congressman but you do have the president going out today taking his case, trying to make his case to the public directly. he's going to be speaking at a construction company. there's distrust between the house republicans, republicans in general and this president. he's going to continue blaming republicans for this shutdown. but how does that actually help him going out there and having these speeches in front of this construction company, how does that help kick start negotiations? it seems like it would probably hurt it more than help it. >> just to be clear, you know this, the house rules do not prohibit the speaker from calling a vote. that is his decision. he made the decision to prevent that vote from happening. yes, the president is going to a construction company. it's going to be in the congressional district that i represent. i will be attending the event. what the president is going to be talking about is getting the economy moving again and the fact that this ongoing uncertainty about government shutdowns, about the new effort of the republicans not to pay our bills on time, which is a debate coming up, is creating great uncertainty in the economy. this is a self-inflicted wound that the country doesn't need. what the president has said all along is that he's willing to negotiate on all the budget issues. we've been trying to sit down at the table since march with our republican colleagues, as you well know, the speaker prevented the appointment of budget negotiator. we want to talk about that. the president is absolutely right, that you don't negotiate about whether or not the government stays open. on totally unrelated demands, like ending the affordable care act. i think the president will continue to press his case. i think the more the american people hear what's happening, the more they recognize that the congress right now, especially in the house of representatives, has become captured by a far right. listen, it's not just the president who said that. as you know, senator burr said that this play that the republicans have started was the dumbest idea he ever heard. senator mccain called it irrational. so the president is saying nothing different in that sense than what these republican senators have said about what's happening. >> there's definitely disagreement on strategy within the republican party right now. no question there. >> we're all the victims. the whole country is the victim of that difference in strategy among the republican parties. we should not all be the victim of a republican civil war. >> all right. congressman chris van hollen, always good to see you. >> thank you. let's get to michaela for more news. we're watch thing a situation off the coast of italy, breaking news, a boat capsizing and catching fire off the coast of southern italy. at least 94 people, including women and children have been killed. the death toll is expected to rise. the coast guard so far has saved over 150 people. the rescue effort we're told is ongoing. the boat is thought to have had up to 500 people on board. many believe to be my grants from africa. u.s. government rushing to boost computer capacity in order to handle that overwhelming obama care web traffic. servers are being added. the system is being streamlined. the healthcare.gov website advised users to wait for pages to load wednesday. on tuesday, people were encouraged to visit another time. delays have continued to plague marketplaces run by states. dr. sanjay gupta is on the road, he'll join us later with more on these developments. a violent bus crash left eight people dead and more than a dozen other people injured in tennessee. authorities say the bus en route to north carolina blew a tire. it crossed the median, clipping an suv and colliding with the tractor-trailer and overturning. interstate 40 re-opened this morning after crews spent the night removing debris from the accident. attorneys for boston marathon bombing suspect dzhokhar tsarnaev complaining his prison conditions are too harsh. they're asking a judge to ease the special administrative restrictions that have been placed on him. tsarnaev is confined to a tiny cell, has no access to mail, the media, telephones or outside visitors. his attorneys claim that those conditions are impairing their ability to defend him. and we want to show you something super cool. this is aaron gould. he is on a fly board. it was developed in 2011. it's a board connected via long hose to a watercraft or jet ski. you can fly up to nine feet in the air or dive head long into the water. this guy does a double back flip. the folks on youtube are calling it historic. we don't know if it's historic but we think it's awesome. >> wow. >> nine meters, not nine feet, which is a big difference. >> there's a big difference there. >> you see those jet ski things and jet pack things are kind of all the rage now. >> providing your own propulsion. that tube is sucking the water up and that's what keeps it going. >> crazy. >> you're going to try it, aren't you? >> i love to watch. very cool. let's get over to indra petersons, keeping track of the latest forecast for us. >> i would say bucket list. i'm on it. i'll do it since chris can't. i do want to talk to you about what could be our next storm. this could be tropical storm karen. right now it is not there yet but there is about an 80% probability that we will start to see this develop. there is a difference between yesterday and today, though, yesterday we look at all the weather models which as i'll show you here, we look for consensus. the models had it from texas, all the way in through florida. today we're starting to get that consensus that it will likely be around louisiana. we'll show you one of the models. this is the european model here. timing of this brings it in late saturday evening or early sunday morning. expected to stay weak. a strong tropical depression or weak tropical storm at landfall. either way, around new orleans or possibly biloxi, we'll be looking for this, again, as we go through the weekend. the biggest effects, yes, strong rip currents, strong winds. heavy rains and flooding concerns especially around new orleans. 4 inches of rain in that region. as it continues to make its way inland, 1 to 2 edges of rain around arkansas. the other story today, northeast, still gorgeous. temperatures, 10 to 15 degrees above normal. they have been that way for several days. we're still going to stay warm especially as we go through the weekend. we are going to see a change, not a good one, especially within we talk about the weekend. we'll be adding rain into the mix. let's take a look at the mix. there's the storm that ill, the culprit for it. maybe light showers in the bulk of the region. the potential is there that we could be seeing severe weather. if you're in nebraska or iowa, watch out for the threat, even for isolated tornadoes. strong winds, thunderstorms and hail will be a potential in the skies. look for it to make its way into the northeast, overnight tonight, in through tomorrow, look for rain here in new york as well. >> not as strong as the midwest. not too bad. >> coming up next on "new day," we're learning more about the ugly confrontation about a group of motorcyclists and an suv driver in new york city. new images reveal what happened after the video stopped. we're talking with one of the bikers who witnessed the incident. first, the shutdown, now the backlash. the longer is drags on, the more angry people get. we'll tell you why the angriest people may be republicans. they're angry at fellow republicans, coming up. i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your future? 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oh, you're real? you know i'm real! at discover, we're always here to talk. good, 'cause i don't have time for machines. some companies just don't appreciate the power of conversation! you know, i like you! i like you too! at discover, we treat you like you'd treat you. get the it card and talk to a real person. new details in the suv brawl in new york. one has been charged, another released and one of the riders is now in a medically induced coma from being run over by that suv. for the first time we have a look at what happened to the suv driver once the video stopped. our next guest is jerome davis. he was in the group of motorcyclists that sunday. jerome, thank you for joining us. i appreciate it. these are tough circumstances, i understand that. there are misconceptions here. a lot of biases at play. is this a motorcycle gang we're talking about? >> we're riders, riders. >> explain to us, how do so many riders wind up riding together? >> it also comes about with 9/11 rides. function, parades, there are riders all around the world. when you're a rider, other riders meet other riders. you collaborate and ride together. >> this is one of those deals you wanted to ride on a particular day, someone said there's a group going, that's it. >> right. doing an event or -- >> did you know all the other riders. >> no. >> how is that possible? common sense says they must always ride together. is that the case. >> in the morning you get together. you get gentlemen together, females, you'll go out and ride as one. and more and more will come. people know people. >> okay. but you don't know everybody. >> no. >> when i heard you said i don't know the guy who bashed in the window, i thought you were covering to are a friend. >> no. >> you're riding in the pack, you're there that day, come off 95, the typical route, you're going down the highway. what do you see that happens? >> from my right rear view, came to a stop. i don't know the gentleman -- the two gentlemen. they're slowing up. the one that was in front to the left, he kind of lost control of the bike, came to a stop. it was a few seconds, everything happened so fast, it happened so quick. and the fellow rider, he's underneath the car. he kept proceeding on. >> you're riding in a pack. where's the suv? >> in front of me. >> is it surrounded by motorcycles? >> yes, yes. >> were the riders hassling that suv? you know those big packs, you can do them to cars. was that going on here? >> not harassing him but -- it's not like they wanted him to pull over, "new york times" way of threatening him. i kind of feel he was afraid. he was afraid. >> i know your emotions go to your riders. >> correct. >> i know you guys are talking. originally you were like he showed nothing. >> he was surrounded by bikes. seems like he was slowing up, looking back. >> correct. >> you guys can be frustrated by drivers on the road. fair point? >> yes. >> it seems like that's what was going on here? >> yes. >> you don't know who this suv hit first, though, you don't know how this started, true? >> prior. >> we understand that he hit somebody. >> two. >> stopped. because when the video picks up, you're all stopped. what is going on that he has stopped? >> prior before west side highway i wasn't there. >> you don't know. >> i didn't see it. there's more footage. >> right. >> why this came about. >> everybody stopped. the car stopped. then he takes off and hits another rider. >> correct, yes. >> what was going on that made him bolt off like that? you don't know? >> he was afraid. i could say he was afraid. >> something must have been going on, though. >> correct. i'm seeing no one going to him, not saying anything to him. i couldn't answer that. >> you weren't up close enough to figure out what happened? >> correct. >> you came up, saw him take off. what happened was he hit cars. >> yes. >> did you follow this all the way through. >> to the off ramp, yes. >> when you heard those guys pulled him out of the car, beat him up, what did you think of that? >> it was wrong. it was wrong. >> were guys talking during the ride? was anybody communicating on head set or something saying about how they felt, what was going on. >> i didn't have a chatter box. >> afterwards, did you hear chatter from guys about why they went after him, why they beat him up, how they felt about it? >> it was back and forth. it goes both ways. two wrongs don't make a right. the gentleman was scared. if i was in his shoes, i'd be scared. >> you see the video when the guy is trying to hop the rear door, you know there's a 2-year-old back there. >> i'm pretty sure the guys weren't awear of that. i'm a rider. if my fellow rider, if we were together, i wouldn't have left -- if we were in a group, it could have been done another way. the couple could have made sure he not got away and the rest could have stayed back. it could have been more organized. >> this is an unfortunate thing. >> yes. >> the mote vagus of the guy in the car, that's why we're waiting for the investigation. we appreciate you helping us get a better picture of what was going on and who was involved. sorry to meet you this way. i know you don't know the guy this the hospital. we hope he'll make it out of there in some way where he can go on with his life. thank you for joining us today. >> thank you. we have to wait for the facts as they come out from the police. remember that. tweet us at #newday. there's plenty of anger to go around because of the government shutdown. we'll show you how frustration is boiling over at members of congress and even between each other. also ahead, a jury says michael jackson's concert promoter is not to blame for his death but the case may not be over. details ahead. nds' end no iron dress shirt. starting at 49 dollars. vietnam in 1972. 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[ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. >> announcer: you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. welcome back to "new day." it is thursday, october 3rd. let's give you a quick check of our headlines. we start with breaking news at this hour. boat capsizing and catching fire off the coast of southern italy. at least 94 people, including women and children, have been killed. the coast guard so far have saved at least 151 people. the rescue effort is ongoing. the boat is thought to have up to 500 people on board, many believed to be african migrants. the federal government shut down, now its in third day. republican heels still dug in on changing the health care law as part of any funding bill. the president and democratic leaders insist that obama care is locked in. a big win for bp and the dispute over its multibillion dollar 2012 settlement. an appeals court threw out a district judge interpretation of the settlement saying it could force bp to pay billions for bogus business claims. the idaho man accused of slapping a crying 2-year-old on a plane earlier this year has pleaded guilty to assault. joe hundley faces six months in prison. he and his attorney say grief over his son's failing health was to blame but acknowledge that alcohol may have been a factor. hundley who's also accused of using a racial slur in that incident will be sentenced in january. a fire destroying a tesla motors electric car near seattle. the company says the battery back in the $70,000 model s was struck by a large metal object, triggering the fire. the tesla has been touted as one of the safest cars in the world. it's lithium ion battery is similar to that used in boeing planes. a cyclist in england nearly kill killed by a speeding train. almost as stunning as how the woman was able to stop that bike practically on a dime. you watch her wipe her brow. i would too, girl. >> talk about lucky. obviously must have been distracted. that thing was right there. >> when you see those down, don't. just wait. >> that's why they're down. >> that's why they're down. >> amazing how many accidents happen when those barricades are down. terrible. let's turn back to the federal government shutdown, now in it's third day. the longer it wears on, the more anger and tension builds, much of it between republicans themselves. athena jones from washington this morning. >> reporter: some members are publicly slamming their cleeks for standing in the way of passing a spending bill to fund the government. >> it's not tea party. they're not backing down on their demanded to defund or delay obama care here's california congressman devin nunes. >> they're also conspireing. it's mostly just about power. and it's just gotten us nowhere. >> reporter: and gop congressman peter king from new york is blasting tea party senator ted cruz again. calling him a fraud. saying he egged on house members to vote down a senate measure that would have prevented the government shutdown. >> they knew that from the start. that's why this was fraud len the advertising on his part. >> reporter: fellow conservative senator paul comes to cruz's defense. >> i think it's unfair, actually. the one thing we're unified on and you've seen not everybody agreed on the tactics of how the fight went along. i can admit that. everybody admits that, however, on obama care, we're absolutely united. >> reporter: and the battle is now spilling outside the bounds of the capitol building, with one gop congressman getting into a testy exchange with a park ranger over the closing of the world war ii memorial. >> the park service should be ashamed of themselves. >> i'm not ashamed. >> you should be. >> reporter: the tension isn't limbed to the gop. as both sides tray to escape blame for the shutdown. here's senator harry reid's heated response to cnn's dana bash when she asks him about the house plan to fund the national institutes of health. >> what right do they have to pick and choose what part of government is going to be funded? it's obvious what's going on here. you talk about reckless and irresponsible, wow, i have 1,100 people at an air force base sitting at home. to have someone of your intelligence to suggest such a thing may mean you're irresponsible and reckless. >> things got testy there. there are signs that there is a small but slowly growing group of house republicans that could press house speaker john boehner to allow a vote on a spending bill without the anti-obama care provisions. that's just what the democrats have been demanding all along. we'll be watching closely to see how that develops, chris, kate? >> athena, thanks very much. it sure doesn't look like democrats need any help. republicans are fighting it out themselves right now. >> they still need to help the situation. everybody has to work together. >> there's a lot of civil war going on. coming up on "new day," michael jackson's concert promoter found not liable in his death. what was the key to the jury? what does that mean for the jackson family? we have the singer's former attorney to give us his take. [ tires screech ] ♪ [ male announcer ] 1.21 gigawatts. today, that's easy. ge is revolutionizing power. supercharging turbines with advanced hardware and innovative software. using data predictively to help power entire cities. so the turbines of today... will power us all... into the future. ♪ welcome back to "new day." concert promoter aeg live found not liable for michael jackson's death. a jury cleared aeg of wrongdoing and awarded the jackson family, therefore, nothing. the five-month long trial could have been worth a billion dollars. we'll speak to the singer's former attorney in just a moment. first, miguel marquez has more for us from los angeles. good morning, miguel. >> reporter: good morning there, chris. this was a shocker of a verdict given how complex and how long this trial went on. the jury form itself was complicated, 16 questions. the jurors had to answer. five of them had to be in jackson's favor before they could consider damages. they only got to question two. >> has the jury reached a verdict? >> reporter: this morning, the verdict in the michael jackson wrongful death civil suit, sinking in. >> we, of course, are not happy with the result as it stands now. >> reporter: jurors speaking out. >> michael jackson was pretty used to getting his own way. >> reporter: aeg live may have hired dr. conrad murray but michael jackson was responsible for his own care. >> if anybody said no, well, they were out of the mix. he would find somebody else. >> reporter: jackson's mother and children sought as much as $2 billion from the concert promoter for what they claim was the company's role in hiring and supervising dr. conrad murray who was convicted in 2011. >> guilty. of the crime of involuntary manslaughter. >> reporter: for administering a fatal dose of the surgical anesthesic propofol. >> it wasn't easy for anyone. >> reporter: the verdict even more stunning. >> question number two. >> reporter: jurors found dr. murray competent when aeg hired him. >> was dr. conrad murray unfit or incompetent to perform the work for which he was hired? answer, no. >> conrad murray was hired to be a general practitioner. and maybe had the word ethical been in the question, it could have been a different outcome. >> reporter: the jury deliberated a mere 13 hours after sitting through five months of testimony and the presentation of thousands of documents. this much less publicized trial, full of twists and turns, including testimony from jackson's crying mother katherine and the mother of jackson's children, debbie rowe. the stress of the trial affecting jackson's daughter paris, hospitalized and still getting special treatment after a suicide attempt. >> michael jackson's mother katherine saying she's at least happy that the jury found that aeg did in fact hire dr. murray. both she and jackson's lawyers say they will look at this verdict and see if they can take it somewhere else. chris? >> all right, miguel, thank you very much. let's bring in one of michael jackson's former defense attorneys to dig through the wrongful death verdict. mr. tom mesereau, a defense attorney. thank you for joining us. great to have you. >> thank you, chris, pleasure to be with you. >> let's step on some controversy here. the juror comes out and says if the word ethical had been there, the verdict may have been different. is there any cause to assume that we had an improper instruction here or is this just a layman, a nonlawyer making a statement that isn't legally relevant. >> well, chris, you never know what a jury will do. people are complex, when they get together in a jury room, the chemistry is complex. you never know who the dominant personalities will be. trials are a mystery and juries are as well. however, i must say i'm quite surprised by this. i thought the primary battle was over whether or not aeg had hired conrad murray. aeg's lawyers for years now have been saying aeg did not hire him. the plaintiffs' lawyers, katherine jackson and michael's children were saying they did hire him. 12 jurors said unanimous ly una hired conrad murray. i think the evidence was overwhelming that he was incompetent, aeg was involved in a conflict of interest with dr. murray, they were pressuring him because they were paying his exorbitant salary. i'm surprised by this somewhat contradictory position the jury took. i don't think they analyzed things properly. >> let's talk about why. there's big words involved with this. competent. what does that mean here? explain what they found. they said he's competent, which means what, that the doctor was suitable for the job, he was under his own control of what he did, therefore, you can't blame his employer. why does that matter here? >> well, it matters because the employer, i think, the evidence shows was in a conflict of interest with dr. murray. in fact, the plaintiffs put on a stanford university ethics professor said he never seen a bigger conflict of interest than this. you had the corporation hiring murray, holding his salary over his head to get michael to rehearsals you had evidence that michael was not well. i'm just surprised they would say he was fit for the job. they must have simply looked at the surface, said he had a license. he was not under disciplinary or suspension proceedings. but i don't think that's the way they should have looked at it. conrad murray clearly was not an addiction specialist. he didn't know what he was doing. he broke so many ethical principles by bringing gallons of propofol into a home and not administering it properly. i'm just surprised. >> is it extent in a way, because they say he was competent. and that is consistent with even what happened in the criminal trial, right? he was found involuntary manslaughter, that means recklessness, he perceived a risk and ignored it. if you're able to perceive it, you're competent, your brain works, you just made the wrong decisions. isn't there some through thread there? >> that seems to be along the line that they used to find him fit for the job. i think they should have looked a little more deeply and i think they should have said, look, michael needed an addiction specialist. he had sleep problems, aeg knew about that. one of their ceos had been his tour manager in the '90s knew he had addiction problems. this man was not investigated properly and was not fit for the job. that doesn't seem to be the track they took. and aeg dodged the bullet in this one. >> tough to deal with fact error when the jury has made its determination. if you think it's that obvious a case, is there any recourse for the jackson family, any way to go now? >> i think there is. i spoke to one of the plaintiffs' lawyers yesterday, he told me they're going to appeal a number of issues, including before the case got to trial, the judge threw out negligence and wrongful death. the only issue she allowed to get to the jury was whether or not aeg had wrongfully hired, supervised or retained dr. murray. and i think there are other issues they are going to raise as well. this case is not over, from what i hear. >> different from a criminal trial, you can sometimes get more bites at the apple on the civil side. tom mesereau, thank you for the perspective. look forward to talking to you more as this case and others go forward. >> thanks for having me, chris. i appreciate it very much. >> kate, over to you. coming up next on "new day," kids fighting cancer, their treatment in flux because of the government shutdown. clinical trials for the medical treatment they desperately, clearly need on hold at the moment. where does this leave people who need help? we'll take a look. also, this ahead, mia farrow making a huge announcement. could frank sinatra be her son, ronan's father? ronan is responding. find out what he has to say about that. ♪ you can't have one without the other ♪ [ horns honk ] ...you want a truck that helps keep the outside out. 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[ male announcer ] just announced, trade up to the all-new silverado all star with $3,250 total value. see your local chevy dealer today. is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan? ♪ wout of landfills each year? plastic waste to cover mt. rainier by using one less trash bag each month, we can. and glad forceflex bags stretch until they're full.* so you can take them out less often. this thing is like a corset. i've sucked everything in, i tell you. it does. ♪ then we strolled that golden sand ♪ that's beautiful. >> old blue eyes. >> welcome back to "new day." a "vanity fair" article about actress mia farrow is sparking a lot of buzz. she talks about her relationship with frank sinatra and makes a revolution about her son ronan that has everyone talking. nischelle turner is here. >> the more i read of this article i kept saying, what, what? it was never-ending information and that is right the article we're talking about, mia farrow opens up about her relationship with her ex-husband frank sinatra, she called him the great love of her laugh. asked if ronan could actually be sinatra's son she simply replied, "possibly." ronan took to twitter on wednesday to respond to the questions on the interview he tweeted "listen, we're all possibly frank sinatra's son." i want to give you guys a -- >> actually no. that's actually not true. >> look at the side by side. >> this is where your science -- >> i'm not his son either, you're right about that. look at the side by side, you see the picture of ronan and the picture of frank sinatra, both handsome fellows. >> add woody allen to the mix. >> i'll do a side by side. >> dead ringer. >> not so much. >> i agree with you guys. the eyes itself. right? >> it's the eyes, it's the nose i think that he's got -- >> greatly favors his mother also. ♪ thank the lord he does look a lot like his mom. >> it doesn't help in the article they went on to talk to nancy sinatra, asked her what she thought about all of this and basically she said, talking about ronan, "he is a big part of us and we are blessed to have him in our lives." so that doesn't say yea, nay or hey. it just keeps the whole mystery going. >> look, this is what they're saying to us, to the media, there could be an entirely other body of understanding that she's just hinting at because obviously the mom, mia farrow was big issues with woody allen obviously. >> exactly. >> when a woman says this could be your kid, a lot of weight there. >> they said there's never been a dna test done so they don't know for sure and there may not be a dna test done and it just kind of hangs out there. >> of course you wonder why, about the timing of all this. is there any reason, is there anything? >> that's a good question. mia farrow is doing work with different issues. ronan is in talks to maybe have a television show but we did, of course, talk to woody allen because he is a player in all of this, too, and basically what he told us and i do want to say specifically, "the article is so fictitious and extravagantly absurd that he's not going to comment." so he commented without commenting. >> that said, i mare maury povich grabbing his coat and rumbling down the stairs. >> this is the maury povich edition of the "pop 4" via mia farrow this morning. >> never good when it plays out in the immediate yamedia. >> it is interesting to talk about. she put it out there so we're talking about it. >> we can speculate. hopefully they actually know. nischelle thank you for piquing our interest. when we come back on "new day," the blame game, no one is happy about the shutdown but the biggest target of frustration seems to be the far right. we'll ask steve king of iowa, get his take. the effects of the shutdown reach far and wide, including hundreds of people waiting for medical treatments that have now been put on hold. they're speaking out. we're going to have that ahead. . it's where she said her first word. 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[ whispers ] get eight hours. ♪ [ shouts over music ] turn it down! and, of course, talk to farmers. hi. hi. ♪ we are farmers bum - pa - dum, bum - bum - bum - bum ♪ if they don't take yes for an answer, then i could only conclude that they wanted to shut down government. >> all show, no go. congressional leaders make the march to meet the president, face the cameras and say, nothing. no deal. what happened inside the meeting, ahead. in the cross-hairs, some of the most vulnerable victims of the shutdown, sick children, waiting for potentially life-saving medicine. now they are speaking out. and could the shutdown also slow production of the flu vaccine? caught on camera, new photos show what happened in the confrontation between a motorcycle pack and the family after the video stopped. we have the latest. >> your "new day" continues right now. >> announcer: what you need to know. >> all we're asking here for is a discussion and fairness for the american people under obama care. >> announcer: what you just have to see. >> they came up with the idea to have a little ceremony where she could make promises to be faithful to the man that she would be married. >> announcer: this is "new day" with chris cuomo, kate bolduan, and michaela pereira. >> good morning and welcome back to "new day." it is thursday, october 3rd, 8:00 in the east, and that also means it is now 56 hours into the government shutdown. meeting between president obama and congressional leaders seemed to go nowhere. neither side willing to budge, all the while americans are dealing with the fallout. concerns from flu shots to food safety. more on that ahead. we have a potential tropical storm brewing in the caribbean. we're watching the gathering storm. could we finally see what we do not want to see which is a big hurricane this season. we'll get a sense of where it might be headed. >> we'll share a beautiful moment, it was her dying dad's final wish to see his daughter get married. the problem is this little girl's only 10. you're going to see their heartwarming solution and the bittersweet ceremony inspiring family around the nation. this is going to be a very moving piece. >> it's powerful perspective that maybe we need right now. we'll get to that in a little bit. we want to start this hour with the shutdown. it seems the only thing both sides can agree on is that last night's meeting at the white house did nothing to break the deadlock. the house did approve a piecemeal measure to fund various programs but with no chance of passing the senate, we're essentially back to where we started 56 hours later. cnn's brianna keilar is live at the white house with what's going on. what withwe know, brianna, if anything? >> reporter: well, chris, senate republican leader mitch mcconnell called this meeting unproductive, and you said it, this may be sadly the one point where there is bipartisan agreement. for the first time since the government shutdown, congressional leaders met face to face with presidento owbama the white house wednesday night. >> the president reiterated he will not negotiate. >> reporter: republicans demanding president obama accept the delay to his signature health care program. >> all we're asking for here is a discussion and fairness for the american people under obama care. >> am i exasperated, absolutel. >> reporter: the president will not give on obama care but will negotiate on taxes, spending, entitlement reform if house republicans first agree to reopen the government for several weeks. >> we have a situation right now where if john boehner, the speaker of the house, puts a bill on the floor to reopen the government at current funding levels so that question then negotiate on a real budget that allows us to stop governing from crisis to crisis, it would pass. >> reporter: the president is probably right, but that's not happening any time soon. instead, house republicans held votes again on funding the government in a piecemeal way, but the senate will surely reject. meanwhile not far from the capital the world war ii memorial operated by the largely shuttered national park service has become a proxy in this batt battle, to counter images of world war ii vets showing up to the barricaded memorial, the rnc offering to pay to keep it open. >> our veterans deserve the freedom to see this memorial, and we're willing to pay the bill. now it's up to the president just to let them in. >> reporter: that is basically what happened, the national park service saying now that the world war ii memorial will be open just for veterans, so kate, you have a rather outrageous image there now off the table. >> brianna thank you for starting us off this hour. the fallout is creating uncertainty from our ability to combat terrorism to the safety of the nation's food. not to mention three days without pay and counting for hundreds of thousands of federal workers. rene marsh is live in front of the lincoln memorial this morning in washington. good morning, rene. >> reporter: good morning, kate. you know you're waking up this morning and wondering what has changed. short answer, nothing has changed. the monuments are still closed, hundreds of thousands of furloughed workers still in limbo and some of them already started applying for unemployment benefits. if instead of starting their day at the office -- >> let douse our work! >> reporter: these furloughed workers are manning the picket lines. >> we are being placed in furlough status. >> reporter: for the narrowly 800,000 federal service workers their nonessential status is a slap in the face. >> ya think? yes i'm upset. >> i still have to put food on the table, still have to pay my bills. >> reporter: people living on this military base in hawaii stocking up before their commissary closes down. >> i came to grab a couple of things but i started getting panicked when i saw how empty all the shelves were. >> reporter: the shutdown could also affect food safety. >> here at fda headquarters in maryland they've been hit very hard by the shutdown, several hundred food safety inspectors have been fur leeed, people who watch out for the safety of our eggs, produce and seafood, several hundred furloughed. it does increase the risk of food borne illness and some outbreak. >> reporter: empty hallways as the centers for disease control as well. >> we are out of the office and not able to take your call. >> i'm concerned for the experts we have here, what is it that might be happening that we're not going to catch as soon as we normally would. >> reporter: even more painful, reynolds says, because of the shutdown the cdc can't support its annual flu program just as the season is arriving and the impact is being felt beyond the cdc's walls. here at this sandwich shop in atlanta the manager tells us sales are down and they had to cut back on employee hours. most of the people who typically fill up the tables during the busy lunch hour work across the street at the cdc. >> i've cut back my staff significantly. lot of my staff have young children as well so it's making an immediate impact. >> reporter: the shutdown complicating the search for a missing woman in idaho. >> here at this idaho national monument is rugged terrain, park rangers even in the face of this government shutdown are continuing their search for a missing woman and that's whether they get paid or not. the national park service gave them the green light to continue their search for a missing 63-year-old doctor. the expectation is that they'll eventually get paid for their hours but there's no guarantee. >> reporter: meanwhile the majority of national parks and monument remain closed. there was a question whether the shutdown would affect a couple of football games set to happen this weekend. we now know this morning that the army's football game at boston will go on as scheduled, as well as the navy versus the air force. chris? >> thank you for the reporting. now, we know that shutdowns happen. couple make this unusual, one it's being done to dispute a law already passed and that it's being driven we're told by a minority faction of a political party, a small group of house conservatives who are unwavering in their efforts to repeal obama care. representative steve king from iowa is one of the house's most conservative members, he's joining from us capitol hill. representative, thank you for joining us. >> good morning, thanks for having me on this morning. >> i have a quote from you here when the shutdown first happened you said we passed the witching hour at midnight last night, the sky didn't fall, the roof didn't cave in. at this point, do you still feel that this shutdown isn't hurting anybody? >> of course it does. there are certainly individuals across the country that are furloughed today that would like to be working and making money, that's true, but i was talking about the fear near congress that there would be a tremendous calamity if we got passed i called the witching hour at midnight when we went into this partial shutdown,' not a full shutdown by any means and i think now sometimes you get into a decision you can not make by anticipating all the contingencies. you have to be there in the moment in order to make the stigss and now i think the members of congress have a clearer head, they can see what's really unfolding here, they can see the monuments being shut down in the middle of the time, they're spending money to shut our monuments down, seeing spiteful acts taking place out there and sorry to see. there will be a snowball effect from each side that will roll here and at some point one mass will get greater than the other, one size of that snowball will get greater than the other and one side or the other is going to have to move. we put four proposals on the ta table and the president and harry reid refuse to negotiate, it's that simpbl right now. >> you think it's fair to use people and services as pawns in a political battle? shouldn't this just be about the two parties and how you if igit out and not using the rest of us as leverage? >> what i refuse to allow any of my staff to use the word fair because no two people that disagree could agree on the definition of it, but if i were going to use the word do you think it's fair to lock world war ii veterans out of the world war ii memorial that was the first act that took place that had to be ordered directly out of the oval office and it was a spiteful act. if you saw the veterans come up yesterday and the day before, hadn't seen that memorial in their lifetime, it was built for them and they were shut out. i think that's the image that americans have in their minds today. i want to see people come back to work but i want to see the end of obama care. the public has rejected obama care in every single month since it was passed. it was passed on a partisan agenda. thomas jefferson said large initiatives should not be advanced on slender majorities and he never considered the idea there would be a large initiative passed on a purely partisan agenda and you hear the discussion about the supreme court found it constitutional, that was before barack obama unilaterally and unconstitutionally changed obama care at least twice so we don't know what we have for a law today and that's part of this discussion, too. >> will you carry this momentum about obama care right into the debt ceiling and through the deadline? are you willing to collapse the credit of the united states in order to make your point? >> i don't think the credit of the united states is going to be collapsed. i think that all this talk about a default has been a lot of demagoguery, false demagoguery. we have plenty of money coming in to service the debt. when we stop servicing the debt that would be default, we're a long, long ways from that. we need to have cool heads and get to a solution. the president needs to come to the table, harry reid needs to come to the table, we're looking for solutions. we're having meetings discussing that but if the other side refuses to negotiate, then there's nothing that can be done except to continue to offer to negotiate and we'll be in this town until this is resolved. i don't think anybody's going home here in congress. >> just to be dleclear, hmon congressmen, economists are unanimous what it will do to interest rates, something washington can't fix, the way you can just restart the government. you think it will be okay if we blow through the debt ceiling deadline? >> i remember the last time we came up to the debt ceiling deadline and there was all of this talk that the tea party was going to collapse the economy and even though the people that were opposed to increasing the debt ceiling essentially gave in or the debt ceiling was increased, they were still blamed for the effect on the markets. sometimes if you have political opposition, they're never going to agree with you. lot of this is just the clash of ideals, and everyone's got an argument on both sides of this, but we need to get down to the clear part of this. the american people rejected obama care. the president is willing to put all of that on the line to save his namesake piece of legislation which i think will go down in history as the largest political tantrum ever. >> why is it the president putting his reputation on the line when it is you and your faction that made the shutdown a condition of funding the government and dealing with obama care. did you that. not the president. shouldn't it be on you? >> i think you have to ask the founding fathers why they granted the authority to congress then. it's all in article i, and in the house of representatives we have to start all revenue bills by the original clause, all spending starts here. they gave that authority to the house of representatives because we're the closest to the people and most accountable to the people and in 2010, 87 new freshmen republicans were elected to repeal obama care, every one of them ran on that and that's also the case for the 2012 class. the presidential election is the next thing to come up and they'll say barack obama was reelected. yes he was, the election really wasn't about repealing obama care. it was about jobs and the economy, both sides beat that drum to the point where people forgot about everything else and yet we're at this point now where if we allow obama care to be implemented we can never recover from it. if there is a bump in the economic road, if there is a political panel to be paid, we can recover from those things but we can never recover if obama care is implemented on the american people and it will diminish the trajectory of the american destiny by turning us into a dependency society. that's what's wrong with this, and i will hold my stand here as long as anybody will in this congress, chris. >> all right but hopefully you are able to balance what you believe about obama care with what you're told about what may happen to the economy because there are a lot of families on the line. representative we appreciate you taking the time to come on "new day" this morning. good luck going forward. i hope you find a solution quickly. >> i hope so, too. thanks for having me on, chris. >> over to michaela. women and children among the nearly 100 people killed when a boat capsized and went up in flames off the coast of southernity la. italian officials expect the number of dead to rise. so far more than 150 people have been rescued. the boat may have been carrying up to 500 african migrants trying to make their way to europe. all lanes of interstate 40 and tennessee reopened following an horrific crash that killed eight people. krumpb bus carrying senior citizens blew a tire, crossed the highway immediate median, clilded with an suv and tractor trailer before it flipped over. six passengers on the church bus died along with two other people from the other vehicles. more than a dozen other people were injured. a secret pilot program at the nsa designed to track the location of americans' cell phones. "the new york times" reports it worked by tapping into data at cell phone towers, to test how the nsa might process the data in bulk. the pilot program was operational in 2010 and 2011. the director of national intelligence telling the senate the nsa decided not to move forward with the operation after that. someone will soon be watching nearly every move arizona sheriff joe arpaio makes. federal judge ordering an independent monitor inside the maricopa county sheriff's office and saying the monitoring would continue until the sheriff's office achieved full and effective compliance for three years, this move after the judge found the sheriff's office and sheriff are pieia himself racially profiled latinos. i just want to you feast your eyes on this for a second, this is a couple choosing the non-traditional route to celebrate their engagement with a photo shoot recreating "single ladies" music video. yes kate your eyes do not deceive you. that's the part that perhaps is the most shocking, how long she can get him to wear a leotard. he said yes i'll wear a leotard. justin timberlake did it. >> excellent point, he's manly. >> and the dog is like i want nothing to do with this. >> i'm not associated with these two. >> is there some sort of violation going on? >> moving on. >> thanks, michaela. we have breaking news this morning, tropical storm karen is just officially formed moments ago. let's get straight to indra for that. what do you have? >> the hurricane hunters flew over this and did see some strong winds there, so the national hurricane center will officially put this out within the hour so a little bit of a difference there, 100% probably as we are currently working on that official advisory. let's look at the models and show you where they think this could go. each plot is individually drawn out and notice the consensus in comparison to yesterday. some bring it into texas, some into florida but they're agreeing making its way around new orleans. let's look at the european model, just one of all we plotted, brings it in late saturday night, early sunday morning. new orleans and biloxi. the biggest concerns of course are strong winds, although likely still to stay a depression and also of course talking about storm surge and then high rainfall amounts and the threat of flooding. so looking maybe about four inches of rain around new orleans, biloxi, and as it makes its way inland we'll see that taper off to one to two inches of rain in through arkansas. that's something we'll be watching as we go in through the weekend. the other story beautiful conditions into the northeast, temperatures still another 10, 15 degrees above normal today and going to stay warm but we're also going to be adding some rain into the mix, unfortunately, right as we go through the overnight tonight in through tomorrow all of that thanks to a system currently making its way through the midwest, one to two inches of rain but there is a threat for severe weather, so if you're in nebraska or iowa, isolated tornadoes are not being ruled out of the equation for the system. the system will continue to weaken as it makes its way farther east and that will be the system tonight through tomorrow into the northeast bringing light rain, one to two inches over the next several days. all eyes on the gulf this weekend. we'll see how that develops. >> keep an eye on tropical storm karen breaking news this morning. thanks so much. next up on "new day" one of the ripple effects of the government shutdown, blocking people who need medical treatment from taking part in the clinical trials they need. how the shutdown affects this potentially life saving treatment coming up. all this fight in the shutdown is over obama care. it is in effect so we have dr. sanjay gupta making his way around the country to get your take on the new law and find out what people are saying and how they're finding getting their enrollment. (knochello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait. next time i'm going to midas. high-five! arg! i did not see that coming. trust the midas touch. for brakes, tires, oil, everything. (whistling) man: [ laughs ] those look like baby steps now. but they were some pretty good moves. and the best move of all? having the right partner at my side. it's so much better that way. [ male announcer ] have the right partner at your side. consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. go long. [ crashing ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. heartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! heartburn relief that neutralizes acid on contact help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. it is 22 minutes after the hour. welcome back to "new day." the cascading effects of the shutdown can be faelt cross the country. 230 people, 30 of them children are unable to start clinical trials for the crucial medical treatment they need at the national institutes of health. our senior medical correspondent elizabeth cohen joins us from the cnn center in atlanta. you had a chance to speak to one family who has a very, very sick child. >> her name is mcken in a smith, she's 12 years old and her last hope at life is an experimental drug from the national institutes of health, but the government shutdown has put that hope in danger. mcken in a smith spends most of her time in this wheelchair, because of a rare genetic disease, doctors say she probably won't see her 20th birthday. >> sometimes i don't want to get up because my back is aching so bad. >> reporter: the pain she feels is caused by tumors that wrap their way around her nerves and compress her organs. there's no cure, but there is hope. on monday, mckenna and her dad, justin, arrived here at the national institutes of health in bethesda, maryland, so mckenna to start taking an experimental drug that might shrink the tumors. the family was told there was a chance mckenna might not get the medicine. >> i hope it doesn't affect me or anybody else who needs this drug. >> reporter: her father waited and worried tweeting tuesday morning "government shutdown needs to end now, hurting sick people. have the house come here to apologize to my young daughter and others." >> i'm very angry. finally we're here and you know, our government can't get its act together. >> reporter: they thought they might have to go home to florida without getting the medicine, but late wednesday, a turnaround, the family was informed mckenna's treatment could go forward. mckenna's fortunate. about 200 other new patients including some 30 children aren't so lucky. they won't get to join nih studies yet. these patients are being put on hold until the government is back in business. mckenna's dad says this isn't right and he has a message for leaders in washington. >> get your act together. this is not a game. you can't play politics over children's and other patients' lives. >> reporter: if this goes on into next week another 200 patients won't be able to join the studies at nih. michaela? >> elizabeth you're showing there and illustrating so beautifully the impact that the shutdown is having, these people's lives hanging in the balance. i want to talk to but another aspect being affected, talk about the cdc. we're going into flu season. talk about how that's going to affect the supply, the implementation, how do we look going into flu season given the shutdown? >> most of the cdc's activities are shut down. thank goodness flu shots they started to distribute them a while back. i just got mine and my kids got theirs so they're out there. the concern is the cdc they can't do surveillance on this flu season. that's a big problem, we won't know where it is, won't be able to address problems. avian flu is a problem. if a state calls and says we have a terrible outbreak of some disease they can't help them out. they really have their hands tied behind their back. >> another group has their hands tied behind their back the fda, charged with tracking food borne illnesses. we already had a bad year of some illness outbreaks. what happens there? this is a serious danger? >> it is serious, the food we buy at the grocery store or eat in restaurants, that's inspected. there are inspections by the fda for the produce, and so now the fda can't do much of that inspection work so that's a huge problem and they can't do most of their laboratory work, so again, all these things that we sort of take for granted just can't happen now. >> and this is what we're trying to do, show people what the impact of this government shutdown is having on various aspects of our lives. elizabeth cohen reporting from atlanta, thank you so much for that. tweet us. we want to hear other stories anecdotally of how this is affecting you. use #newday and we'll watch you on twitter. >> there are two different takes on what the shutdown means, one is really nothing, it's limited, this is about memorials and parks, furloughs, they'll probably get paid later, not a big deal. the other side is what we hear from elizabeth cohen and other families worried about sensitive services that they need right now so, please, get involved in the discussion, because it's about your life experience, so use #newday and let us know what's going on with you because of the shutdown. coming up next on "new day" the new health care law debuted with glitches, is it easier to enroll now? chief medical correspondent dr. sanjay gupta will join from us a call center in maryland to show us and also see how the rollout is going. you've seen the video between the bikers and the family in the suv. we know bikers were hit, we know one is paralyzed. there are new images that help us piece together what happened when and why. we'll show you. 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[ female announcer ] only with abreva. ♪ >> announcer: you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. >> welcome back to "new day." it's thursday, october 3rd. hope the morning is going well. coming up this half hour, day three of the government shutdown but also day three of the obama care or affordable care act rollout. dr. sanjay gupta is rolling himself on the cnn express bus to answer your questions and get your concerns. we'll bring them to you. >> plus that violent video showing an suv bowling through a pack of bikers and the attack that followed on a busy new york city street. we have pictures showing what happened after the video stopped but still so many questions remain. >> and i have the five things you need to know for your new day. let's start with number one, which is of course the government shutdown. no end in sight. today president obama is expected to criticize the gop when he visits the d.c. construction company. party leaders metaphor an hour with the president wednesday, they came no closer to an agreement. at least 94 people killed when a boat capsized and went up in flames off the coast of southern italy. 150 people have been rescued. the boat was carrying up to 500 african migrants trying to make their way to europe. not liable, concert promoter aeg live off the hook for potentially billions of dollars after a jury rejected the negligence claim by michael jackson's family over the hiring of dr. conrad murray. texas state senate wendy davis expected to announce her bid to become the next governor. the democrat trails republican attorney general greg abbott by single digits. at number five, tiger woods hoping to lead america to victory in the president's cup, that event is off this morning in dublin, ohio, putting the u.s. against 12 of the world's best international players, president george w. bush expected to be in attendance. we always update the five things to know so go to newdaycnn.com for developments. police are looking for help finding any of the rioters involved in new york, we believe there were hundreds on that ride, one was charged wednesday, another was released. the violent episode ended with the suv driver beaten and a rider in critical condition in the hospital. police are still exploring several theories as to what could have ignited the incident. the key is how did it start? pamela brown is following it. >> i got off the phone with nypd. police are still investigating the circumstances surrounding the incident and trying to determine what may have sparked it. so far no charges have been filed in connection with the assault on the driver, alexian lien. new pictures know what appears to be the scene after he was attacked. brand new photos give new perspective to the violent videotaped encounter between a group of motorcyclists and the driver of a black range rover. these pictures from "the new york post" appear to show alexian lein on the ground, allegedly beaten and slashed by the bikers. police released these two pictures of one of the suspects who they believe was banging on the suv with his helmet. some are calling for lein to face charges. >> there could have been other things that could have happened, could have done instead of running somebody over. >> reporter: one of the bikers the video shows the suv running over is ed wane j.meises who is seriously injured. >> it is a family not a gang. >> reporter: outraged friends and family held a vigil last night. new york police are investigating how the violent clash started but a witness to the incident told "new day's" chris cuomo he believed lein was afraid. >> two wrongs don't make a right. the gentleman was scared. if i was in his shoes, i'd be scared. >> reporter: charges were dropped wednesday against alan edwards, the other man pounding on the suv. the law enforcement source telling cnn edwards may have actually been trying to protect lein, in a statement the manhattan d.a.'s office says prematurely charging individuals with low-level crimes does not further the goals of the investigation and could weaken the cases we expect to bring. one biker, christopher cruz, was in court wednesday facing reckless driving charges for what happened before the assault. you can see him in this video slowing down right in front of the suv, causing lein to bump into him. the incident apparently sparked the confrontation. cruz's attorney says he did nothing wrong. >> his motorcycle was struck and he stood right there, never assaulted this man. >> reporter: this video from 2011 shows a separate case of alleged biker violence, riders appear to surround and antagonize a motorist and law enforcement sources tell cnn they're examining the footage frame by frame looking for possible patterns in what they call biker gang activity. authorities still hoping to make more arrests in connection with the attack on lein. investigators digging for information talking with witnesses, analyzing the video and listening to 911 calls lein made during the attack. >> a lot of misconceptions, bias. ja roam davis, you saw him in the piece, he clears things up and raises other questions. take a listen. >> it goes both ways. two wrongs don't make a right. if i was in his shoes i'd be scared. >> you see the video you know there's a 2-year-old back there. >> i'm pretty sure the guy wasn't aware of that because i'm a rider. if my fellow rider and i are together, i wouldn't have left, if we were in a group, there is a better way. the couple could have made sure he had not got away and the rest could have stayed back. it could have been more organized. >> this is an unfortunate thing, all kinds of description to you guys on the bikes, motivations of the guy in the car, that's why we're waiting for the investigation. we appreciate you helping us get a picture of what was going on. lot of this about what davis didn't see but important to note gang, there's no indication of that. he says that he didn't know a lot of the guys there, this is something that they do, they get together for events, word-of-mouth, travels and they wind up in big packs on the road. lot of problems come as a result of that. >> i think it was an interesting window into he said clearly there was plenty of blame to go around, there was a lot that was going on, not just one incident that happened here. >> and what's interesting, too, we've been talking about the video we've seen so far doesn't tell the full story but as he pointed out in the interview, chris and kate, there's more video that could surface from the incident even prior to what we've seen so far. >> said a lot of the guys had go pro cameras, almost every other guy so they'll have plenty of evidence. >> what is interesting to me is we know there was several phone calls from inside the suv to 911. i don't know how easy it is because i'm not a motorcycle rider, i don't know how easy it is to place a cell phone call but i would have thought maybe somebody out of the group of riders might have called 911 at some point. >> it will be very important to police. >> a lot of witnesses to talk to. >> if they're chasing after this guy and don't make an effort to do it the right way it will color the perception of all their actions. it always does for police, what was your intent? this guy is calling 911, you see the video at the end, his back window is broken, he has a 2-year-old in the back of the car, that will give a lot of prejudice in terms of how you judge his actions. >> coming up next on "new day," have you tried at this point to sign up for the president's health care law and run into some or maybe more than a few glitches? chief medical correspondent dr. sanjay gupta will be joining from us a call center in maryland to see how the rollout is going and if they've worked out the kinks. and more trivia game drama. when did "jeopardy!" judges become such "seinfeld" sticklers. alex trebek get the award of the day award for all the wrong reasons. berman takes down another famous man. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars. right over the region, looks like almost near 100% certainty they will be issuing an advisory within the hour. let's look at what the models are thinking. most of them really having consensus of where it is expected to go, a big picture, different picture from yesterday, we had models bringing outliers from texas and some through florida. we're looking at this bull's eye around new orleans and biloxi, mississippi. one of the weather models is landfall expected most likely late saturday evening near the early hours of sunday morning, still keeping it as a tropical storm so that's what we're watching for the saturday light landfall and what are we expecting, strong winds, of course we have the storm surge, rain amounts potential flooding about four inches around new orleans and spreading down to little rock about one to two inches. the other story we're going to be watching, in the northeast it is beautiful, temperatures a good 10, 15 degrees above average. we are going to see a system moving through, midwest look for rain today in the northeast look for rain tomorrow, the bigger story will be the storm system behind it, currently exiting the pacific northwest, expected to bring heavy snowfall really especially out there in wyoming, one to two feet of possible in through this. so western portions of colorado is there. look at the cold making its way south. once it pushes into the plains look at the temperature spread, 30s, freezing conditions up against above normal temperatures near 90 degrees, any time you see this, we're going to be talking about severe weather, potential for tornadoes is out there, especially for the plains. tomorrow, look from minnesota down through oklahoma we are not going to be ruling out the threat of tornados so that's going to be the next big story, we went from a quiet weather pattern to a couple things to be watching over the next several days >> it could be a mess of a weekend for those in that storm track so we have to keep a close eye on it. thanks so much, indra. the new health care rollout entering day three and cnn's chief medical correspondent dr. sanjay gupta has been touring the nation in the cnn express to see how the signup for the new insurance exchanges really works and how it's going. he's giving us an update on the problems people are facing trying to sign up. sanjay you're in maryland a state where there's 13% of the population's uninsured. you're at a call center, a state-run call center. what are you hearing? what are you finding? >> reporter: well there's three states now in three days and they're very different. south carolina, you know, 20% uninsured, a lot of interest in that, dealing with a lot of those glitches, kentucky yesterday, a state divided, very democratic governor, two very high profile senators are against this plan, and now maryland, as you point out. we're sort of in the nerve center, if you will, call center of about 125 representatives behind me taking all sorts of calls, answering questions about how to sign up, how to sort of get this done, and this is a place that has also had its share of problems. we're hearing as of 1:00 a.m. last night just a few hours ago they got a software patch to sort of fix this glitch and now the numbers are starting to increase so about 2,000 accounts now created here in maryland and that's about 1,000 of those just since 1:00 in the morning. you get the sense these numbers are starting to improve a bet here and possibly across the country as well. >> this is a call center people would call in when they run into problems so what are some of the questions people are asking? >> reporter: yes. so people go to the site first, had about 00,000 page views, but we have one of the call representatives, maria is joining us, they're asking the question what are some of the common calls you're getting when you field them? >> i have a preexisting condition, am i able to enroll and of course the answer is yes. >> reporter: the answer is yes and they don't even ask about existing illnesses. >> no, it's much more streamlined, much more simple, so they don't have to release private medical information that they've had to do in the past. >> reporter: what are some of the other questions? >> how much do plans cost, what's the cost. >> reporter: probably one of the big ones i imagine. >> that's one of the big ones, and it depends on the levels of coverage that they want to select for themselves and their family members. >> reporter: people may be eligible for subsidies, may be getting medicaid dollars depending what state you live in. is there a range in terms of costs? >> it could be for a 25-year-old as low as $150 or lower depending on cost sharing and tax credits. for someone older, it could be $300, so it really depends on the specifics of their eligibility. >> reporter: how long do you think you'll be at this, maria? >> years. years. years. we're here saturday and sunday, monday through friday, we're here until it's done. >> reporter: thank you very much. as you point out the numbers according to the secretary of health, half of the state, uninsured, about 400,000 people they expect to be enrolled by the year 2020, so it's a long process, but you're seeing something historic here. something like this hasn't happened in nearly 50 years in this country, and this is a little bit of what it looks like. >> all right, they have six months before the penalties kick in. 2,000 accounts created so far, we'll see how that continues. great work, sanjay. catch a special "sanjay gupta m.d.: what you need to know about the affordable care act" only on cnn, saturday, 4:30 and sunday at 7:30 eastern. all right, whatever is going on this morning, take a moment out for this. this is a special "good stuff." today's edition, a dad's dying wish fulfilled. johnny wells will never see his 10-year-old daughter nicole get married. ceremony from his hospital bed complete with bouquet, beautiful dress, tux for dad, even a pastor. the ring is from daddy to daughter which she'll wear until her wedding band replaced it. she promised dad she'd find a good man to marry and dad promised to give his blessing no matter where he is. >> his baby is the reason that he stayed alive this long. >> later in life when i get married, when i'm like 20, i am going to play that video before my wedding, and my little flower girl is going to wear this dress i'm wearing right now. >> obviously her dad is struggling against an illness, doesn't look like he's going to beat, and the touching video has gone viral and inspired families to hold similar ceremoniy ies f their dying loved ones. it's the worst thing, somebody who is going to die, worried how they're going to take care of their kids so it's a beautiful moment, tough. >> it's tough but that's where the beauty is, they can focus on the good stuff as much as they can as a family when clearly they're dealing with a lot. >> powerful. >> the same message comes through a lot of these, remind you to be appreciative of what you have in your life. >> every day. >> we appreciate all of you bringing us these stories. so you see something, send it to us, you hear about it, do it. that's how we get the good news we keep telling you the goed stuf good stuff. >> we'll be right back. 's in th it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait. next time i'm going to midas. high-five! arg! i did not see that coming. trust the midas touch. for brakes, tires, oil, everything. (whistling) i get out a lot... except when it's too cold. like the last three weekends. asthma doesn't affect my job... you missed the meeting again last week! it doesn't affect my family. your coughing woke me up again. i wish you'd take me to the park. i don't use my rescue inhaler a lot... depends on what you mean by a lot. coping with asthma isn't controlling it. test your level of control at asthma.com, then talk to your doctor. there may be more you could do for your asthma. >> so the wife, the guy in the suv put out a statement telling how they saw the events and why they did what they did. coming back from break we'll tell people about that. the who was chased and beaten by motorcycle rider this is weekend in new york is speaking out. we have the statement, we'll read it to you. you make of it what you want. we thank wabc for giving us this. "our plan last sunday was to celebrate our wedding anniversary having a nice family day out with our 2-year-old daughter. we were placed in grave danger of a mob of reckless and violent motorcyclists. our sympathies go out to the injured motorcyclist and his family. however we were faced with a life-threatening situation and my husband was forced under the circumstances to take the actions that he did in order to protect the lives of our entire family. our fear for our lives was confirmed when the incident ended with ruthless and brutal attack on my husband and most importantly our 2-year-old child. we know in our hearts that we could not have done anything differently and believe that anyone faced with this sort of grave danger would have taken the same course of action in order to protect their family. we would like to thank the brave citizens who helped them, and that's the substance of this statement. that's where it ends. important to note this is the first word we're getting from this. it has not been vetted by police or matched up with their reporting. we have not heard anything to suggest that the child was involved in any attack, other than being in the car when all of this was going on, but that is the first word from that family in that black suv you're looking at right there. >> you have that from the family, you spoke with one of the bikers who was in that pack, potentially hundreds of them that were riding together so he said he did not know kind of the people they think were involved, clearly a lot of back and forth and a complicated case. we have video, we have pictures and the pieces are still coming together as police investigate that. we'll continue to follow it. we'll be right back. (dad) just feather it out. that's right. (son) ok. feather it out. (dad) all right. that's ok. (dad) put it in second, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) just like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (dad) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously. (announcer) love a car that lasts. love. it's what makes a subaru, a subaru. ♪ i was curious about the song picked for the end of the show. >> what is the song? >> who knows and who cares, it's thursday which means tomorrow is friday. >> friday eave, people. >> that's what we like to say on "new day." >> i've been following a story for a while. what it was like to be in that car and we read you this statement from the wife of the driver. why didn't we hear from the driver? because there's an ongoing investigation, he is materially involved. so we're really going to be