Transcripts For CNN CNN Newsroom 20130808

thursday. i'm brooke baldwin. top of the hour. we begin with a story that has a lot of people, lot of you absolutely outraged today. see this young man? this young florida artist is dead after police shot him with a taser. 18-year-old israel hernandez was spray painting an empty building in miami beach. apparently his friends were there. they were on the lookout. but police spotted him. you know what he did? he ran. they say he hid. he jumped a fence. refused to obey their orders. so what did an officer do? pulled out a taser gun and tased him. his friends say as he lay on the ground lifeless, that is when officers began to laugh and congratulated one another. >> i seen my friend lay down on the floor and they were just high-fiving each other and laughing. >> it's brutal. that's just brutal. it's a kid about my size. there was about 30 cops on him. >> i want to bring in nick valencia. you've been following this one for us. also hln law enforcement analyst mike brooks. a lot to talk about here. first to you, i know you talked to his girlfriend. cnn's talked to dad, sister. they all say he was a good guy. >> that he was pure and innocent. here the irony is in all of this that he just moved from columbia. the family moved the family to the united states to get away from the violence, brooke, only for something like this to happen with their son. one of our reporters in florida caught up with the father. take a listen to what he had to say. >> translator: i find the strength and my hope for justice. we are in a country that defends human rights. a country that sets an example and dares to ask other countries that use excessive force. that is my son's case. excessive force. >> israel hernandez was 18 years old. he was a popular graffiti artist there locally in miami beach. his sister just spoke about the passion that he had for his artwork. >> he was an amazing artist. a very passionate person. very passionate artist. and unfair to end his life for something he loved. it was very unnecessary. and they went beyond the point. i don't know what exactly happened. but if he died, they obviously went off the point. >> as you mentioned, brooke, a lot of people upset locally and nationally. they don't agree with the way the police handled this in miami beach. >> obviously that's one side of the story. i want to ask you about what police are saying in just a second. mike brooks, you're a cop for years and years. you brought in a taser gun. to be clear there's no battery in this. there's no cartridge. we're safe. but why do police use taser guns? >> i'll tell you, it's a great alternative to deadly force because it's less than lethal. just like pepper spray. just like police baton. but under certain circumstances all of these could be lethal. we don't know what the autopsy says. we don't know if the taser was the cause of death for this guy. but keep in mind also, if you're using a building as your canvas and you're a graffiti artist, you're also a vandal. they approached him. why did he run? they wouldn't have tasered him if he hasn't run. he did run. he eluded police. when they did get him, they tasered him. the use of force complaints on police go down and the injuries to law officers goes way down, too, because you don't have to put hands on somebody and have to fight with them. >> what are police saying about this? >> they're not saying very much. they're saying they had to tase him because they had to arrest him and had to use the force in order to arrest him. the police report doesn't give a lot of details about what happened. just that he ran. like mike was saying, he was popular locally but he's not without criticism. he was defacing private property. and he took off when police told him not to. >> i guess it just got us talking in our meeting this morning, how often -- it's pretty rare to hear of a taser death. the autopsy hasn't been done. results haven't been released. his nickname is reefer. >> his girlfriend said he didn't smoke pot. >> i was about to get there, nick valencia. doesn't do drugs. nonetheless, it got us wondering, if you are high, if you are drunk, if you are on the receiving end of a taser does that change given what could be in your system? >> you could also -- you know, you could die of excited delirium. that has happened a number of times. we'll wait for the toxicology reports to come back before we say let's take a look again at the taser use, okay? a lot of times people also have pre-existing conditions that they die of. a heart murmur. the taser would not contribute to that. think about this. a defibrillator. when someone is dying and they use a defibrillator bringing them back, that's 360 jewels of electricity. a taser is 0.07 jewels. it's 57 volts. but extremely, extremely low. >> in deadly force circumstances in florida, usually the florida department of law enforcement gets involved. third party to investigate this use of deadly force. in south florida police departments like to take the lead on their own investigations. right now as it stands it's just miami beach. >> we'll see where it goes. tragic nonetheless. thank you both very much. now this. want to take you to texas now. the ft. hood shooter back in court today after a shocking twist in the courtroom just yesterday. we talked about this. major nidal hasan representing himself during this trial over the shooting massacre that happened four years ago. but yesterday his team of standby lawyers, they've been giving him guidance, they asked the judge if they can cut back their involvement. why? because they believe he is trying to get the death penalty. for himself. and they didn't want any part of helping him fulfill that death wish. hasan denied that that was his goal. denied he is seeking death. today the court ruled, denying those lawyers' requests. saying hasan has the right to determine his trial strategy and they should stand by him. in southern california police say they have received more than 100 tips thus far in the hunt for ethan and hannah anderson. thing is, nothing has panned out yet. these children have been missing ever since their mother's body was found sunday inside that burning home near san diego. that home belonged to this man. james dimaggio. he is a long time family friend who spent a lot of time with the andersons. was described as being like an uncle to these little kids. this facebook photo shows him and hannah together. she is the young woman who is missing. a witness says dimaggio may have even had a crush on this young girl. an intense nationwide search is on for dimaggio and his blue nissan. amber alert was extended through yesterday into oregon after unconfirmed sitings of the vehicle in northern california and southern oregon. dimaggio is expected of kidnapping hannah, possibly her brother as well, although it now seems a bit more likely that ethan died in the fire along with his mother. and an incredibly anguished father talked to chris cuomo this morning. >> let's take a step back if we could. this story is confusing to a lot of people. explain the relationship between your family, your kids, their mother, and mr. dimaggio. >> mr. dimaggio came into our lives about six months before hannah was born. he and i had a very close relationship over the years. and we've done many, many things throughout the years together. he's basically became like part of our family. he was always around. we always did stuff together as a family. sometimes he took the kids camping. >> we have heard these rumors as have you that your 16-year-old daughter, hannah, had become uncomfortable around him. he'd x preexpressed that he had crush. we don't know the context, we don't know anything about that. have you heard anything about that until now? >> i had not heard anything about that. if i had heard something about that or my wife had heard something about that it would have been cut off. >> no question about it? >> no question about it. >> this guy, dimaggio, is one of the people you thought you could depend on in your absence to make sure that your wife and your kids were okay. is that true? >> absolutely. you know, i spoke to him often. you know, he would help get my son to football practice. >> do you have any idea where he would think he could go, what he would think he could do in a situation like this? >> i have no idea. he -- he's into camping. he could be anywhere. that's why people that are going out to different camp spots, please keep your eyes open. i don't care where it is. i just have no clue. like i said, it's surreal to me. i can't imagine this even happening. just kind of taking it day by day and hoping for the best. >> what is the hardest thing for you emotionally in this, dealing with having your wife, your daughter and your son all in some type of not being with you anymore? what's the hardest thing for you emotionally in dealing with this? >> i believe the hardest thing emotionally is still to come when i have to go and start cleaning out their apartments and rooms. but i have a lot of support here with me. we'll try to get through it. >> your heart just absolutely goes out to that father. paul vercammen, he's been working this story for us since this whole thing broke. back to dimaggio, paul. tell me more about these possible sightings in southern oregon. >> reporter: exactly, brooke. they happened yesterday. first there was a sighting allegedly in modok county in the small city of alteris. from what we understand an employee at a motel thought that she saw that veris a. wrote down a license plate and reported that to the county sheriffs. i talked to the county sheriff. one problem with that report is that she said she might have seen as many as four people in that car. that would be problematic. somewhat illogical. also across the border in southern oregon as you pointed out, another sighting. so that's why the extent of the amber alert into oregon and washington. but thus far nothing else since those possible sightings. no one who's seen anything and that car not turning up on any surveillance video or that type of thing, brooke. >> you hear the father in that interview with chris talking about dimaggio, close family friend. someone they would trust. does this guy have any, you know, previous run-ins with police? >> reporter: he does. he has a misdemeanor in texas. now, granted, it's a misdemeanor. but it's interesting because it was for fleeing from police. at one point he was headed down a dirt road going 60 or 70 miles per hour, according to a police report that we obtained. and something that sheriff's deputies here have been warning about or cautioning about, he is an outdoorsman. he is a camper. it stands to reason he was somebody who if he wanted to evade authorities would be very good and very skilled at using back roads, back to that police report, he sure was speeding down a dirt road in texas 18 years ago, brooke. >> paul vercammen for us in california. paul, thank you. coming up next, dramatic rescues in music city. you have folks trapped in homes, in cars, up on roofs. even a baby. look at this. rescued by the floodwaters. plus, it has been more than a month since those 19 firefighters, those 19 heroes, lost their lives in the yarnell hill tragedy. now the only hotshot to survive is talking about his lost brothers. wait until you hear what he has to say, coming up. 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[ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. sfwlnchts rescue crews are working around the clock right now in nashville to save these people who are trapped in their cars, their homes because of this fast rushing floodwater here. you have heavy rain. caused widespread flash flooding across the area throughout middle tennessee today. and i want you to watch this. because you don't see this very often, thank goodness. look at this. emergency workers rescuing an itty bitty baby trapped in a home. they carried the baby to safety through almost waist high water there. some people had to climb up to the roof just because the water was that high. and the water, we're told, could get even higher later today. another two to four inches of rain is expected to fall. no deaths have been reported. we can tell you one person has been injured. folks in nashville, they are not the only ones getting out as quickly as they can. 1,500 people, this is just outside of los angeles, they were forced to leave their homes just a short time ago. you can see why here. this is a fast moving wildfire burning nearby in the banning and riverside county areas. it's called the silver fire. it has already scorched 10,000 acres of land. and damaged buildings and homes. just a short time ago, new mandatory evacuations were issued for several communities. stephanie elam is on the ground for us there in banning. stephanie, i see the smoke there behind you. set the scene for me. >> reporter: yeah. that's true, brooke. we've watched this fire which basically started around 2:00 in the afternoon pacific time yesterday exploding into 10,000 acres at this point. we know four firefighters have been hurt. one civilian also hurt. we're hearing that person may have been badly burned. we're working on getting confirmation about that. the fire, it started this direction. as you can probably tell by my hair, the wind is blowing this way. that is the way the fire is going. it's been a long fire line they've been fighting with 1,000 firefighters overnight. brooke, there's one thing i really want you to hear. there's this woman that we met last night. she evacuated her house. but listen to how close things came for her. >> keep going, stephanie. i apologize. we don't have it. >> we'll try to get it to you in the next hour. i want you to hear basically she said -- she has a bird. they helped her get the bird out. she needed to go back to her bedroom and get her medicine and her purse because thags where her wallet was. they said there wasn't time. she spent the night in her car last night because she had no other place to go. a lot of people evacuating, worrying about their animal, about their homes. i have a sliver of good news. they're now saying this fire is 10% contained. making progress. they have 13 helicopters out here as well that are dropping water and trying to get their hands around this fire. >> obviously people's lives the number one priority, their safety. as far as, stephanie, damage to any buildings in the area, do we have any estimate on that? >> reporter: yeah. right now we know that about 15 buildings have been damaged. now, what we don't know is how many of those were homes. we do believe some of those properties were homes. some could have just been outhouses or sheds or something like that. they're hoping to get up there now that daylight is here and get out there and assess just how badly these properties have been damaged, what has been damaged. also besides the fact they need to do that, there's also a lot of anxious people out here who are wondering how their homes are doing. >> stephanie elam, thank you very much. we'll see you next hour. meantime, real life murders and a silver screen curse. a boy in brazil murders his family and then kills himself. we'll tell you how a famous movie plays into all of this, next. ♪ [ crashing ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. trusted heartburn relief that goes to work in seconds. nothing works faster. ♪ tum, tum tum tum tums! the beach on your tv is much closer than it appears. seize the summer with up to 50% off hotels at travelocity. the amityville horror case. you heard of this? may have inspired a 13-year-old to kill his family. >> this is an amazing house. you are going to love it. >> holy -- what's the catch? >> there was a crime. a murder. >> in the house? >> several people, a family -- >> that 2005 amityville horror remake was inspired by claims of paranormal activity in a long island home after a 1974 family massacre. so now police in sao paulo brazil say a 13-year-old obsessed with the amityville horror murdered his family this week. police say the teen grabbed a gun, killed his father, mother, grandmother and great aunt. after the rampage, he went to school. acted calm. typically day, seemed like. after classes ended, he returned home and killed himself. senior latin american affairs editor. where did that come from for him? >> that's exactly right. it seems like the teenager was obsessed not so municipch with movie, but with the real life murders that inspired this movie. something else, brooke. he apparently told a friend years ago that he wanted to become a hitman, kill his parents and move away. >> reporter: a young boy giving the thumbs up, proudly posing with his father. a police officer in sao paulo, brazil. it seemed like a picture perfect family. brazilian police say it appears the 13-year-old boy shot dead both his father and mother. she was also a police officer. police say the boy also apparentlyapparent ly killed his grandmother and great aunt. went to school the following morning and returned home where he shot himself in the head. all five bodies were discovered when a cousin of the boy's mother went looking for them at the home. authorities say they all had gunshot wounds to the head. police say this surveillance video shows the boy parking just outside his school at 1:20 on monday. that would have been after the shootings. five hours later, he casually walks in front of the camera. apparently on his way to classes. a friend of the boy said the 13-year-old had made disturbing comments in the past. he always told me that he wanted to run away from home because he dreamt of being a hitman, the friend said. he wanted to kill his parents, drive away in their car and go live somewhere else. gun powder tests on the hands of the boy were negative, according to this police investigator. but a commander says a finding of the family's car may explain why. >> translator: he had a pair of gloves inside the vehicle. we now need to verify whether he used them in the murders. >> reporter: the funeral for the entire family was held two days after the shooting. but questions have not yet been put to rest. the entire country is still asking why. the story gets even more complicated. brazilian media is reporting that apparently the parents were whistle blowers and they're talking now, brooke, about a possible conspiracy theory. because they told superiors about some fellow police officers who were stealing money from atms. but, again, police is not saying that that's what happened. at this point, they're investigating. they're going with the theory that it was the teenager who killed his parents. also one of the guns used was his father's service gun. >> i was wondering where he might have gotten it. incredibly gruesome all the way around. rafael, thank you very much. now, coming up, dr. sanjay gupta. have you heard? changing his mind about marijuana. sanjay explains the decision that's got the medical community buzzing today. later, look at this. that is leonardo dicaprio on top of these awesome boots. what is he doing? we're going to go there with chad myers, coming up. 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[ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. it has now been more than a month since 19 families lost their loved ones in a wildfire. they were an elite group of firefighters. they were known as the hotshots. they were overtaken by the blaze northwest of phoenix. the only survivor of that hotshot crew, brandon mcdonough, talked to abc news about losing the men he calls his brothers. >> i asked a million times, why am i sitting here and why isn't someone else? why aren't they sitting here with me? i was still with our vehicles. in one of the buggies i can hear -- whoever didn't bring their phone, i could hear phones ringing. knowing that it was their wives, their family. i sunk. sunk into my seat. i sunk into myself. i couldn't think. >> now one of the victim's widows is also speaking out. she says she's being denied the city's lifetime benefits she needs to raise her four children. juliann ashcraft spoke with cnn's jake tapper. >> i mentioned to the hr department that my husband tid work full time. that my kids and i sent him off to work 12 months a year for the city of prescott. her response to me was that it must be a marriage issue. that perhaps we had bad communication in our marriage is why i did not understand his employment status. >> so seasonal, says the city of prescott, arizona. not full time. families of the six firefighters deemed as full time are entitled to lifetime salaries and benefits. just into us here at cnn, the two men accused of helping the suspected boston bombers after the attack have been indicted. joe johns is live in washington with the news. joe, remind us. these are the two 19-year-olds who according to police, right, helped toss fireworks into backpacks and everything else into dzhokhar tsarnaev. >> that's what they're alleging. a federal grand jury today returning a two count indictment against these two men previously charged with conspiracy to obstruct justice in the boston marathon bombing investigation as well as obstruction of justice. they're both 19 years old from kazakhstan. they were living in new bedford on student visas. charged, as i said, with obstruction of justice and conspiracy in the bombing investigation. this indictment alleges that on the evening of april 18th this year, the fbi posted pictures of the two boston bombing suspects and one got a text message from dzhokhar tsarnaev suggesting he go to his room and take what was there. they took a laptop computer, a backpack containing fireworks, brought them to their apartment. later that night they say the men through the backpack in a dumpster. there's a third friend. 19-year-old american robel filipos. he wasn't indicted so far. apparently negotiations are going on with him. he was released on $100,000 bail and put under strict house arrest. brooke, these guys are facing some tough time if they get convicted. >> sounds like possibly 20 years on obstruction of justice. five years for the conspiracy counts for these two 19-year-olds. joe johns, thank you very much. weed. pot. reefer. whatever you want to call it. marijuana has split the nation. and for years cnn's own sanjay gupta has been one of the most vocal detractors and outspoken opponent of medical marijuana. but then something changed. >> reporter: meet 19-year-old chaz moore. he uses many different strains of marijuana. many of them high in cbd to treat his rare disorder of the diaphragm. >> my abs lock up. >> reporter: that's why he's talking this way. almost speaking in hiccups, like he can't catch his breath. >> this fluttering here, it's annoying, but it becomes painful pretty quickly i imagine. >> yeah. after, like, 15, 20 minutes is where i can, like, start to really feel it. >> reporter: he's about to show me how the marijuana works. he's been convulsing now for seven minutes. how quickly do you expect this to work. >> within, like, the first five minutes. and i'm done. >> reporter: that's it? >> that's it. >> reporter: it was actually less than a minute. >> just like that. arguably the most well known neurosurgeon in america. dr. sanjay gupta had a change of heart. >> i think, you know, we've been terribly and systemically misled in this country for some time. i did part of that misleading. you know, if you look at all the papers that are written in the united states about marijuana, the vast majority of them are about the harm. we fund studies on harm. we don't fund studies on benefit nearly as much. it gives a distorted picture. you know, i didn't look far enough. i didn't look deep enough. i didn't look at labs in other countries doing incredible research. i at no tididn't listen to the f patients that said not only does marijuana work for me, it's the only thing that works for me. i took the dea at their word when they said it's a -- >> when new york mayor bloomberg was quoted as saying medical marijuana is the greatest hoax of all time, what do you say to him? >> i'm surprised. i mean, i follow a lot of the mayor's comments quite closely. i listen to those comments as well. as part of those same comments he was saying the powe tensy of marijuana has gone up. that is is true. it has gone up probably over the last several years. i urge him to look at the scientific papers. i was just looking at them again in preparation for your show. the science is there. this isn't anecdotal. this isn't in the realm of conjecture anymore. for a long time we just ignored these papers. but this was a drug that was, you know, used for thousands of years. >> sanjay's newfound support for the use of weed, this shocking turnaround, sparking a fiery debate now. >> the vast majority of people that use weed, use it to get loaded. they use it to get high. look, i'm not here to say that it's worse an alcohol. of course it's not worse than alcohol. but why in the world would we legalize another drug so our nation's youth have another substance to abuse and medicate their feelings with? you know, this is, to me, the issue. we don't want to go from one extreme, reefer madness, which we know is a total exaggeration, but we don't want to go to the other extreme where we legalize this drug and endanger so many of our young people. >> okay. look, it can be difficult to sort of stratify the legitimate patients who have use for cannabis not only as a medication but as the only medication for their suffering. and as the doctor says, people who just want to get loaded or get high. that's true. >> if it's no more harmful than alcohol or tobacco, why shouldn't it be legalized? isn't there an inconsistency in government policy? >> i think so. let me take it a step further than that. i think it's irresponsible of the medical community not to offer this as an alternative. >> you have to watch sanjay on sunday. he digs into the highs and lows of weed. 8:00 p.m. eastern right here on cnn. do not miss that. coming up next, this is the coolest water sport i've never tried but now really, really want to. it's calm ecalled fly boarding. you will see leo dicaprio in action. if you find a lower advertised price they'll match it at the register. really... yeah, in a "jif". you ready? what?! that's the walmart low price guarantee backed by ad match. bring in receipts from your local stores and see for yourself. thto fight chronic. osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, you will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta is not for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help. breaking now on cnn, huge news in the medical field. especially when it comes to troops serving overseas, many of whom get malaria. barbara starr joins me now. barbara, this is a big breakthrough. tell me why. >> this is a big deal, brooke. the u.s. navy announcing a short time ago along with the federal government and the medical industry they have developed what they believe is the first ever complete vaccine against malaria. now, it is in the development stages. they are working on it. but the first trials they have completed have shown 100% protection against malaria. they will have to work on this. they will have to get it into a shape that it can be administered to patients or troops in the field. why is this so huge? well, of course, as you can well imagine, u.s. troops travel all over the world. especially navy troops. to many areas where there is malaria. malaria is a killer around the world. 3.3 billion people live in areas where they are at the risk of getting malaria around the world. there were 219 million cases of malaria in 2010 alone. about 660,000 people around the world lost their lives due to malaria. so this is a massive development. if they can get 100% protection with this vaccine, it may not be in the field for a few year, but if they can really get it into the field, it will change life in so many places. >> huge. i have a dear friend who has been in the hospital. this is the second time with malaria. he lives in africa. so it's troops and it's volunteers as well. big, big news. barbara starr, thank you. the sweet life of an a-list movie star. take a look at this photo. this is my favorite photo of the day. gravity defieing photo shows actor leonardo dicaprio on vacation in the mediterranean. check out what he's got strapped on his feet. it's calm called a fly board. powerful jets hover above the water. chad myers and i are dying to try this out. at least i am. how does this work? you see the water shooting out. show the picture again. it's a hose? >> there's a hose. not a hoax. a hose. a hose that's coming out of the water. it's coming out of the back of a real jet ski. the jet ski throttles up. the jet goes out of the jet ski, into the hose, threw the boots and shoots him up out of the water. tony garm was in the area. the model. i think he was trying to show off a little bit. >> victoria's secret model. of course you had to go there. you're such a dude. >> i would be showing off, too, of course. these things go pretty fast. you can dive under water with them. i've seen some video where people were getting pretty close to the coral reef which seems at this speed a little bit dangerous. >> if you choose to get on the goog ls, there are many videos of fly boarding you can see. here we go. almost like you're a dolphin spinning around, diving, flipping. these guys aren't wearing helmets, though. >> there's the movie "splash" in here somewhere. just a different kind of splash. they're not wearing helmets. leonardo was. a life jacket, too. >> do we know how much this costs? >> $6,000. plus you've got to have the jet ski. >> what? >> it's not free. you can rent this thing. >> we can all dream. >> or you can actually go out to colorado. there are companies that will do it. many lakes now have this. >> six grand. chad myers. thank you. coming up, a new report from the "new york times." see this this morning? it says the nsa is tracking all messages into and out of the united states. we're going to break that down with our legal panel, next. the great outdoors... ...and a great deal. thanks to dad. nope eeeeh... oh, guys let's leave the deals to hotels.com. ooh that one! nice. got it! oh my gosh this is so cool... awesome! perfect! yep, and no angry bears. the perfect place is on sale now. up to 40% off. only at hotels.com if you text or e-mail someone overseas, there is a good chance the government is combing through what you've written. today's "new york times" first reported today that the government spying is possibly more pervasive than we actually thought. the "times" says nsa computers are searching texts and e mai-m going in and out of the country. looking for certain words, information on suspected terrorists. the government's already acknowledged it monitors suspect communications, but according to "the new york times," most every text or e-mail that crosses the u.s. border is searched for key words. that said, joining me now from new york, cnn legal analyst sunny hostin. and darren kavinoky. let me add one more thing. something we just got from barbara starr from the pentagon. it also allows monitoring based on two things. a location overseas already identified as being of interest. two, triggers key words like a foreign e-mail address or words in that content. that said, if the "times" has this whole story right, how much bigger than we thought is the government's spying program? >> you know, i think it's unclear, quite frankly. we've been talking about this issue for several years, what, maybe about four or five years. it's unclear what the legal analysis is at this point. we don't really know whether or not this is bulk collection, whether or not they're looking at it sort of retroactively, almost. are they studying the information? do they get it in bulk and then look at last year's and compare it to this year's? we really don't know. i think really the issue here, of course, people are concerned about their privacy rights. of course they're concerned their constitutional rights are being -- are trampled on. the other thing you have to balance that against is, is this a minimal burden to protect our country from terrorism? so i think that's really a balancing act. again, we don't really know because the government hasn't hold us what the legal basis is for allowing this. >> we should just trust them! >> right. i hear you laughing, darren. we hear from folks who are in the know saying absolutely it thwarted terrorist attacks. at the same time, congress has said, show me. i haven't seen that. >> i think like so much, well intentioned. and the question is going to be how is it in the execution? because if you're like me, if you've gotten up in the hype, my e-mails, my texts, they're pretty boring stuff. here's the real problem. we don't know where this ends. we know that in the policies that we're targeting people that are on foreign shores. but we have these policies that say, well, we may be targeting them and we need to target at least one participant who's not in the united states, but what we really want is we want the juicy stuff on the people that are in the united states. so we're creating these policies that allow us to circumvent and narrowly tailor it so we can get to the good stuff that we want without a warrant. because generally speaking, when we're going to be tapping into people that are in the united states, we need a warrant. so at the end of this, brooke, the concern is does this put us on a slippery slope where people's privacy rights, where their constitutional rights, get eroded? and we really don't have all the information. that's the scary part. >> you know, we heard from the president speaking publicly about this after this whole ed snowden story broke. saying, hey, at least we're having this conversation. this is an intelligent conversation to be having about privacy rights and that he is open to realistic changes. what changes, darren? i'm just going to go back to you. what changes would you like to see to these surveillance programs we've been learning about? >> yeah. it starts with as much transparency as can be had without thwarting the fundamental mission, which is discovering terrorism, right? this is all about protecting folks and keeping them safe. >> right. >> but it can't be done with these super secret meetings and super secret policies. and "the new york times" article really points that out. that a lot of the stuff is on the super secret. >> okay. >> it's supposed to be super secret because it's surveillance. >> right. that's the point. >> right. i think we want transparency. again, i think as americans we also -- and as lawyers, of course, we have to think about the balancing test. yes, there are constitutional rights and privacy rights. but is it, perhaps, a minimal burden to bear when you're talking about our right to protection ourself? >> got to leave it there. see you next hour, darren kavinoky and sunny hostin. i know we can go on. thank you both very much. coming up, stunning video out of china. look at this. bus crash. and the driver, wait for it, disappears, is basically sucked out of the window. we'll tell you this whole story. and they're okay. that's next. here we honor the proud thaccomplishmentsss. of our students and alumni. people like, maria salazar, an executive director at american red cross. or garlin smith, video account director at yahoo. and for every garlin, thousands more are hired by hundreds of top companies. each expanding the influence of our proud university of phoenix network. that's right, university of phoenix. enroll now. we've got a frame waiting for you. 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[ male announcer ] the chevy model year end event. the 13s are going fast. time to get yours. right now, get this great lease on a 2013 chevy malibu ls for around $169 a month. inside the only 3 chamber laundry detergent. ♪ now, here you go, let it go ♪ ooh ♪ 'cause it's a bright light stain fighting, cleaning, and brightening... in tide pods. pop in. stand out. take a look at this. this is china. a driver was thrown out of a window after a truck slammed into a tour bus full of people. this accident, this happened friday. it was so incredibly powerful. the passengers, you see them tossed in their seats. you see the driver going out the window as well. 23 people were hurt. they're okay. the driver i have to tell you of the speeding truck was killed. but the driver of this bus, he survived. amazing. back in a moment. right now, 7 years of music is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together. [announcer] there's no hiding the beneful baked delights.from new heartfuls are made with real bacon... ...and oven-baked to crisp perfection. new heartfuls from beneful baked delights. saving time by booking an appointment online, even smarter. online scheduling. available now at meineke.com. is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan? a transplant surgeon has a very special bond with her patients. chief medical correspondent dr. sanjay gupta introduces us to this week's human factor. >> reporter: as a transplant surgeon, sooken neederhouse has transplanted more than 100 kidneys. it's what she's wanted to do for as long as she can remember. >> i was interested in being a doctor at age 4. >> reporter: by the time she was 8, neederhawes was in the fight for her life. >> i started having blood in my urine. we couldn't figure out why. it came on so acutely all of a sudden. >> reporter: she was diagnosed with a relatively common kidney disease that caused severe inflammation. >> by the time i was 11, in march i had to start on dialysis. >> reporter: nine months later, she received a new kidney. and it worked immediately. at first. >> about a week later i had my first rejection episode. >> reporter: then a second. and a third. all of it within a month. >> they said this kidney's had so many rejections, it will probably never work. >> reporter: on average, a donor kidney lasts about ten years. and doctors gave her kidney a 50/50 chance to last one. but neiderhaus was not about to give u. she became the first child to try an experimental drug, and it worked. >> i had something i wanted to do. you know, that was to be a transplant surgeon. >> reporter: after high school, neiderhaus and her family moved to the united states so she could go to medical school and pursue that dream. now she shares her own story with her patients. >> the kidney was absolutely not working at a few points in time. and i walked away with 24 years later excellent kidney function. >> reporter: that allowed her to fulfill another dream. which was to have a baby with her husband, john. transplant patients typically have high risk pregnancies. she did develop anemia and high blood pressure, but in june, noah was born. he was early due to complications, but he was healthy. >> if you've had a goal all your life and then something gets in your way, you know, set yourself a goal. work towards that goal. then you'll get there. then you have something that doesn't let you give up. because you have something to look forward to beyond that. >> reporter: dr. sanjay gupta, cnn, reporting. a newborn kidnapped for two years, returned to his parents, or so he thought. turns out decades later, he has now discovered a stunning mystery. i'm brooke baldwin. the news is now. in music city, the race to save babies and families as floodwaters rush in. and the moment a tractor trailer rams a bus full of passengers. come and take it mother [ bleep ]. >> cnn talks to the police chief who's leading his own militia. >> some people showed up with firearms, and i encourage that. and ram bow versus john maclaine. why sylvester stallone is livid with bruce willis. with bruce willis. now harrison ford is involved. -- captions by vitac -- www.vitac.com top of the hour. i'm brooke baldwin. heads up to all of you. any minute now minnesota's powerball winner is stepping forward. the state's lottery is set to introduce the winner at a news conference. we're watching. we're waiting. the $448 million jackpot will be split moamong the minnesota winr and the holders of two winning tickets in new jersey. folks, this is the third largest power ball jackpot in history. we will see who the lucky person or persons are momentarily here. first, let's talk about this one man who grew up doubting who he really was. turns out, he was right. and his story has now gotten the fbi's attention. want to get to that in just a moment. first, this nevada man grew up thinking this. thinking he was the baby in this headline. kidnapped as a newborn. abandoned as a toddler. reunited with his parents. grew up happy, healthy, case closed. except nearly five decades later, paul fronzak found out none of that is true. he learned his parents, doris and chester fronzak, actually aren't his parents after all. his name, his nationality, his age, he has no clue. and the "chicago tribune" is reporting the fbi has reopened this kidnapping case from all the way back to 1964. i want to turn now to ellen hurst, metro desk reporter from the chicago trib. what a story. let me start at the beginning here. let's go back to '64. illinois. a baby boy had just been born to these two happy parents but was quickly snatched. what happened then? >> right. so a woman posing as a nurse snatched this baby, you're right, brooke. never returned him. so he wasn't even two days old when he was taken. a search ensued. hundreds of police officers searched for him. the fbi got involved. about 14 months after they started looking for this baby boy, you know, a boy showed up in new jersey abandoned at a variety store. they determined that that was probably the fronzak's child. they were reunited, like you said. he grew up with this family. seemed like it was a happy ending. >> so it wasn't as we now know. they think it's the fronzak kid. this little boy grows up. he starts to think i'm not really looking like my parents. starts to have that feeling, i'm not quite sure i may be the baby who was snatched in the first place. so then recently his parents come over. he's bought this dna test. he says, hey, mom and dad, you mind taking this? what happened? >> right. so, you know, it took him a long time to work up the courage to even broach the subject with his parents. it wasn't something they liked to talk about. when his parents came to visit him at his home in nevada, he asked them to take this test. and they did. and then, yeah, he got the results back and he said that he sort of knew what they were going to be. he had a hunch that it was going to come back and say that these weren't his parents. you know, kind of reopened some old wounds. it's been hard for them. >> we're going to talk about the psychology of that and the wounds in just a minute. as it turns out, paul fronzak isn't really paul fronzak. you have this ground man, this father now looking for his own family. the real paul fronzak is still missing if he's still alive. fbi has been reopening that case. do they have any leads? >> right. so the fbi, you know, by happenstance they still had these files that were almost 50 years old. they were able to find the original files. they're looking at all the original research. they're planning to reinterview witnesses they can find who are still available and able to be interviewed. so they're starting over, basically, with their investigation. >> you wrote, ellen, in your piece that physical evidence might benefit from modern testing. what does that mean? >> right. you know, i tried to push joan high to tell me, the spokeswoman for the fbi. she couldn't elaborate. she said they might be able to retest some physical evidence they still have. >> you quote paul fronzak from your piece. he says, quote, i think the perfect ending would be to find the real paul. see he's doing well. on the same day find my real family. it would also be nice to have an actual birth date i could believe in. what about the parents, chester and doris? they thought they had their little boy. now they don't. i imagine this is pretty tough for them? >> yeah. you know, i -- i haven't had a cannes chance to talk to them. we did go to their house. they weren't interested in commenting at this time. paul did say his parents have been struggling with it. you know, it's been really hard for them. you know, they didn't want to talk right now. but it's something, the invest is ongoing. hopefully they'll be able to help. >> understandable. their world has really just been rocked. ellen hirst, "chicago tribune." thank you. joining me now, human behavior expert wendy walsh. let me quote this. this is paul fronczak. he had this dna test. finds out his parents aren't his parents. he writes his parents this letter. wouldn't you and dad like to know what happened and who i really am? you have been wonderful parents. i'm not doing this to hurt you or discredit the fabulous job you did in raising me. this is just about finding the truth. for this paul fronczack, what is this like? >> i'm sure he's going through a giant identity crisis. nothing he hasn't been suspicious of his whole life, brooke. i'm most concerned about what happened to him in his early life? if he was found as a toddler what happened from zero to then? what kind of trauma is in his bones he doesn't actually remember? i'm hoping he can go to some psychotherapy and work through this. let's also consider these parents. they've been loving parents. gone through one trauma losing their son. then they got him back, they thought. now they're facing the crisis all over again. their son is out there somewhere. and they, you know, obviously they're being completely retraumatized by this event. it's understandable they don't want to talk. >> understandable. completely understandable. and then you have sort of the third prong of this whole thing which is the real paul fronczak if, in fact, he is still alive and he is found and the real story is told. if and when that happens, what will that discovery be like for him? >> it will be a miracle. because of modern technology and the internet connecting people, lots of previously -- remember, back in the 1940s and '50s, pregnant teenagers quietly gave up their babies to places like catholic charities then went on living like nothing happened. so people are now seeking out these adoptive siblings. in this case we're talking about trauma and a child that's been disappeared. it'll be very difficult to find this baby, by the way. because it's my understanding that the baby was only two days old and had not been fingerprinted or footprinted. i don't know how they would ever identify except through dna. that would be really difficult. >> sounds like, you know, they want the truth. it may be difficult to find. wendy walsh, thank you, as always. >> fascinating. the search for a man who has been suspected of kidnapping this teenage girl and her younger brother has been extended now up the west coast and into southern oregon. ethan and hannah anderson have been missing ever since their mother's body was found sunday morning inside a burning home near san diego. police say they have received more than 100 tips so far. and that home belonged to this man here. this is james dimaggio. he is a long time family friend who spent a lot of time with the andersons. was even described as being like an uncle to these kids. this is a facebook photo, shows him and hannah together. hannah is missing thousand. a witness says dimaggio may have even had a crush. that's the witness's word. a crush on this little girl. an amber alert for dimaggio's blue nissan was extended into oregon yesterday after unconfirmed sightings of the vehicle in northern california and southern oregon. a very anguished father talked this morning to cnn's chris cuomo. >> we have heard these rumors as have you that your 16-year-old daughter hannah had become uncomfortable around him. he'd expressed that he had a crush. we don't know the context. we don't know what really happened. had you heard anything about that until now? >> i had not heard anything about that. if i had heard something about that, or my wife had heard something about that, it would have been cut off. >> no question about it? >> no question about it. ethan wore his heart on his sleeve. he would give -- do anything for anybody. loved everybody. he was just my buddy. we spoke quite often since i've been in nashville. he would tell me his daily routines. he was just getting back into football for a second year. and hannah was just a beautiful, beautiful girl. very, very good student. hundreds and hundreds of friends. there's nothing bad to say about my kids. they never did anything to anybody. they were always wonderful. we were pretty tight knit, even though i was a couple thousand miles away. i don't know -- i don't know what to say. it's surreal to me right now. >> what is the hardest thing for you emotionally in this? dealing with having your wife, your daughter and your son all in some type of not being with you anymore? what's the hardest thing for you emotionally in dealing with this? >> i believe the hardest thing emotionally is still to come when i have to go and start cleaning out their apartments and rooms. but i have a lot of support here with me. we'll try to get through it. >> we are here for you as well. we want to get the word out that everybody is looking for dimaggio. that they're looking for hannah. and, yes, that we have ethan's face out there just in case. what do you want to say to this man if he's monitoring the news? >> like i said before, you've taken everything. the damage is done. just let my daughter go. let her go home safe. let her be with me. try to mend things from there. >> heart just goes out to that dad. let me just pass this along to you. anyone with information on the case, call the san diego sheriff's department. 1-858-974-2321. the number there on your screen. now to a bit more uplifting story here. power ball and the winner in minnesota. let's dip in. >> nothing yet. >> didn't ask for one thing? >> i told my son. he's 16. he's just been driving for a little while. he's got his own car. i don't think it's quite like the car he'll be driving soon. >> have you taken a bunch of phone calls? >> i've gotten phone calls. media outlets have called me already. i'm not sure how that happens. you think it's kind of secret with the cell phone thing. i've had buddies who've seen it on the internet call me already. piers morgan's show called me. wants me to do an interview. >> cnn. >> that's cnn. a number from a guy at "good morning america." he wants me to call him. >> are you afraid people are going to get after you and start soliciting you? >> no. what i'm hoping is, this is the big story of the day. i'll tell you anything you want to know. then let's move on to the next thing. is what i'm hoping happens. there's two more winners out there, too. there's still two more people that have to go through all this. what i'm hoping, like i said, i'm yesterday's news as soon as possible. so i can go back to my quiet life. >> are you a private guy? >> i wouldn't say. you just don't want all this attention. you know what i mean? it's kind of daunting. you think about the safety of your family and your kids. there's crazy people out there. we've all seen "the jerk." remember the movie "the jerk"? >> you are the funniest winner. >> kim, can we ask you a question? >> sure. >> tell us about the telephone conversation. you guys wouldn't be sitting here if you weren't double checking, making sure he wasn't double checking his numbers. >> more times than not we don't check. we check later in the day or the next day when we come home. i for some reason somebody at my work said, do you have 32. i said, i think i do. i looked and i didn't. so for some reason i called paul. not the norm. but he didn't want to do it then. he'll call me back in a couple hours. so no. we had to talk about it then. not even. i don't know. i have no idea. i don't play a lot. i don't expect to win. it was kind of shocking. it was fun last night, them guys getting in the convertible to go for a little cruise. my son thinking that's so exciting. i think this topped it. i work at a printing company. >> it won't be up to me. it'll be up to her. if you know what i mean by that. she won't have to work again. she's been there a long, long time. >> i've been there almost 25 years. we'll see. i don't know. haven't thought about that yet. [ inaudible question ] >> 4 1/2. >> 4 1/2 years. >> are you going to go buy a car off craigslist? >> i'm banni inning craigslist our house. no, huh-uh. i hope it doesn't change us a lot. it will give us more conveniences. big picture, i hope we stay grounded. it's just a nice little cushion. yeah. [ inaudible question ] >> you know, i'm more of a scratchoff guy. i play scratchoffs more often than i do the power ball. but usually if it gets up to a couple hundred million and everybody else is saying, oh, i'm getting my power ball tickets. i just do a quick pick. i don't have a certain set of numbers or anything. [ inaudible question ] >> holiday station store. >> across town on highway 65. >> do the numbers have any significance? >> no. it was a quick pick. no idea. though when i talked to one of my good friends today, he said, oh, what were the numbers? was my birthday in there? his was. it just so happened that my birthday is 5/30. that was two of the numbers, too. five and 30. i think if i pick numbers i would have probably picked those. i pick my kids' birthdays, but -- [ inaudible question ] >> i'm 45 as well. vanreese. >> her birthday is in january, though. so she's much older. >> one word. capital "r." [ inaudible question ] >> i have had my bumps in my life. there's no question about it. >> self-inflicted bumps. >> some of them self-inflicted, absolutely. i've always considered myself fortunate. absolutely. you know, stuff doesn't get me down. i've got -- i've got a real good family that's taught me values that are -- you know, a lot of them are church based, i'll say. that just give you a certain confidence that things are going to work out. yeah, i've had my bumps. no more than anybody else, i would suppose. >> did you grow up here? >> no. i grew up in a little town called rinelander, wisconsin. me and five guys i went to high school with moved down here to find work and go to school in 1987, i suppose. and i've been here and in the northern suburbs pretty much every day since except i took a job transfer to massachusetts for about three years. [ inaudible question ] >> this guy seems to have a pretty decent sense of humor. you know what? i think i'd be chuckling, too, if i were paul white and who i believe is his wife there. because they just won the power ball jackpot. do the math. they're going to have to split this, go three different ways. grand total 448 million was the jackpot. bought this ticket in ham lake, minnesota. will they go back to work? they sort of dodged that one and laughed. who knows if they'll go back to work and those pesky reporters like piers morgan trying to get him on the show. how awesome would that be? i would love to see that interview with piers. stay tuned for that. they're hoping it won't change them too much. they always say, you got to play to win. congrats to them. to a video that has shocked a town. a police chief going on profanity laced youtube rants, firing a semiautomatic gun, making fun of liberals. he was suspended. now some people he is charged with protecting say they don't feel safe. cnn caught up with the chief who has a specific message for all of those who say he's not fit to serve. hear directly from him, next. 0 we do? i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now? 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[ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. vo:remember to changew that oil is the it on schedule toy car. keep your car healthy. show your car a little love with an oil change starting at $19.95. some folks in a tiny town in pennsylvania do not wapt their police chief to return to duty after his suspension. because they say mark kessler scares their socks off. one man says because his wife is afraid of him, so is he. i'm going to show you why they say that. >> i have a message to carry. any of these [ bleep ] over in the u.n. here's your [ bleep ] agreement. sign anything you want to sign. it's not going to mean [ bleep ]. it don't [ bleep ] mean [ bleep ] to me. you know what i have to say? come and take this [ bleep ]. >> kessler making it pretty clear how he feels about gun control and liberals. obviously he is against them. well, after some outrage about that video that surfaced last month, we showed this to you then, kessler made another video which was supposed to be an apology. here's how that worked out. >> yeah, i don't think so. this boy don't roll that way. for all you people out there who cried and cried about, oh, i used profanity. [ bleep ] you. here's what i got to say. if you didn't get enough the first time around, go [ bleep ] yourself and get some more. >> kessler, who heads a political gun organization 100 men strong is suspended because he used borough property without permission. not for what he said. our joe johns caught up with him and got the scoop on why he's causing such a stir. >> [ bleep ] you. >> gilbertson, pennsylvania, police chief is the only officer in a town of about 1,000 people. some are calling on him to go. >> kessler is a threat to this borough. my wife is afraid of him. so i am afraid of him, too. >> reporter: the call for his outing came after he posted v e videos of himself shooting weapons. the council suspended kessler for 30 days. kessler posted about the meeting on his facebook page saying i'm expecting a large crowd of anti-gunners and anti-constitutionallists to show up. a couple dozen or more armed men showed up. kessler who also heads a group whose stated aim is to uphold the constitution says the men with guns at the meeting were just supporters of his. >> some of my supporters showed up. as you well know that for those who don't know, pennsylvania's an open carry state. some people showed up with firearms. i encourage that. >> reporter: kessler offers no apologies for the videos. he broke no laws and says he was expressing his constitutional rights of free speech and to bear arms. >> come and get it! >> reporter: does your firing the weapon and using profanity or whatever, does it reflect badly on the town? >> well, you know, everybody's entitled to their opinion. i would hope everybody would express their opinion under the constitution, the first amendment just like i have during -- in my videos. >> oh, you [ bleep ] tards out. >> reporter: mark kessler is at a county school board here. on a meeting wednesday night not a word of criticism was uttered about him or the videos. joe johns, cnn, gilbertson, pennsylvania. coming up next, a family fast asleep gets a knock on the door, middle of the night. sheriff's deputies show up asking them to open up. what happens next is all kagt on cell phone video. it's led the department to launch an internal investigation. >> they just jumped on top of me. they were kicking me and punching me. my face was, like, on the corner of this. out there owning it. the ones getting involved and staying engaged. they're not afraid to question the path they're on. because the one question they never want to ask is "how did i end up here?" i started schwab for those people. people who want to take ownership of their investments, like they do in every other aspect of their lives. angry voices banging at your door. what do you do? you call law enforcement, right? but what if those voices are law enforcement? eight deputies in the atlanta area are now under fire after they raided this home back in july. the two brothers inside the home recorded what went down. here's some of the video they've now posted on youtube. >> it's about 1:30 in the morning. they're still banging on the door. i told them over and over again they're at the wrong address. they keep yelling out 4663. that is the wrong address. they are not at the right place. >> you're not at the right place! please, stop! >> there are about four or five officers outside. and a bunch of cars. they're shining bright lights in my home. we're very scared. we've called the police. we've called 911. no one is telling us what they're here for and what the reason of this is. we're very scared. we just want to have everything documented. >> you hear that? calling the police on the police. this family says they did allow the officers inside fearing they would ultimately break down the door. here's what happened next. >> i haven't done anything! i haven't done anything! i'm a christian! >> what are you doing? stop, stop, stop, stop, stop, stop! >> we're not doing anything! we're not doing anything! we're not doing anything! we're not doing anything! we're not doing anything! please stop. please stop. we're not doing anything! >> on the ground! on the ground! >> please, god! >> what are you doing? >> wow. so we have two -- >> devon, stay calm. don't say anything. say the lord's prayer. >> you saw part of the transcript. part of the exchange there. sunny hostin, let me bring you in. darren kavinoky, let me bring both of you in here. attorneys. wow. darren, beginning with you, watching sort of the before and the during, can you just tell just by watching that, did the deputies do anything illegal? >> well, it certainly seems that way if, in fact, they were at the wrong home as it appears that they were. the way they behaved is absolutely disgusting. and when it comes to law enforcement agents, we need to hold them to a higher standard. we expect them to have cooler heads. we expect them to behave appropriately in the face of all kinds of craziness. and when you see this tape and you see that it's actually these law enforcement officers that are fueling the craziness, it's -- it's disgusting. and the county better be prepared to write a big check as far as i'm concerned. they need to pay for this one. >> let me talk about the county before, sunny, i come to you next. we know that we, cnn, have reached out to the dekalb county sheriff's office. we haven't gotten a response. here's what a chief deputy told our atlanta affiliate wsv. >> our deputies were at the residence legitimately on a valid arrest warrant. i suspect there will be some disciplinary action. >> sunny, what do you make of all this? >> wow. you know, i think what we saw on the videotape is probably every homeowner's, you know, worst nightmare. someone coming into your home, not explaining why they were there. not having a warrant or at least showing a warrant. as i think darren will tell you, your home is your castle. it's your sanctuary. you cannot go into someone's home, even to effectuate an arrest without an arrest warrant. without a warrant to search the home. i suspect that darren's completely right. we're going to see some big checks. we're going to see some disciplinary action. but what i saw, what we're not showing, is these officers go on to really try to humiliate these two young men. one of which keeps on saying, i'm a college graduate. i'm just trying -- you know, it's my right to ask you these questions. so i think there's a lot more at play than even what we're seeing going on here, brooke. >> what are your rights as the person, you know, on the inside of this home when you have law enforcement banging town the door in this manner, darren? what can you or can you not do legally? >> well, look, your home really is your castle. it really is your sanctuary. so certainly there's what you're legally entitled to do, which is to generally speaking to keep law enforcement out unless there is a valid search warrant, some legal authorization for them to enter into your home. there are certain warrants that do allow the police to enter into your home forcibly. but unless that's produced, then you have the right to -- to keep your castle safe. but all of that said, there's the legal and then there's the practical. and that's the thing that's so offensive here. here these homeowners are doing the right thing by trying to engage in a meaningful dialogue with law enforcement. they called 911 to see who it was that was there and to actually send the police to talk to the sheriff to let them know they were at the wrong home. and instead these sheriff's officers were threatening to tase, were doing things that were insulting, were using language that would cause us to hit the bleeper button over and over and over again. this one was so out of bounds. and this is why people are scared of government. i think about our last conversation about the nsa. this is exactly why people are distrustful. because of these kinds of abuses of power. it is disgusting. >> can you imagine if it hadn't been videotaped? thank goodness we're sort of in the era now when you can use your phone or you can use whatever you have and actually have proof of this kind of encounter. i suspect these kinds of encounters have been happening for years, yet we don't -- >> now we have the video proof. this is stunning. this story is not going anywhere. i'd love to talk to the people who took the video and i'd love to hear more from the deputies as well. sunny hostin and darren kavinoky, thank you very much. fires burning. thousands of acres in california. forcing dozens to evacwruate. we will hear from one person forced out, next. 0's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. 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[ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. a fast moving wildfire is raging near los angeles right now. you have 1,500 people near banning, california. they were forced to leave their homes just a short time ago. others in riverside county, they're now doing the same. it's called the silver fire. it has already scorched 10,000 acres of land and damaged buildings, damaged home. a short time ago new mandatory evacuations were issued for a number of communities there. that's where we find stephanie elam working this one for us. stephanie, set the scene for me. >> reporter: this fire, brooke, just took off very fast. it happened around 2:00 in the afternoon our time yesterday. and very quickly people were feeling threatened. in fact, we heard some people had to batten down the hatches and stay where they were. they had firefighters near them because the fire jumped the road that they would have used to get out. no injuries there. everyone got out. we do know as of right now, four firefighters have been injured and one civilian also injured as well. good news here is is that the fire is 10% contained. but when you think about the fear of what people were dealing with to get out, you can see how scary it is. we talked to one woman who was evacuated. listen to what she has to say. >> the fireman helped me bring out pictures and stuff. but then i couldn't think of my purse and my medication in the back room. in the bedroom. and they wouldn't let me back in. they wouldn't let me go get it. i told them, please, let me. i can make it in a minute. they said, no. you just have five minutes. we'll take care of everything. get in the car. get in the car. >> reporter: and one thing we can tell you, that the helicopters, about 13 of them, are out here dropping water. we've seen the dc-10 back out here. the one thing they're really battling as you can see are the winds. they continue to push this fire towards palm springs. 1,000 firefighters on this fire are continuing to work it to try to get a better handle on it, brooke. >> stephanie elam for us in k californ california. thank you. coming up next, a story that has everyone mystified. rescue workers struggling to pull this woman from a mangled car. the search is on to find the man they call the miracle priest. 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"dedication: that's the real walmart" always go the extra mile. to treat my low testosterone, i did my research. my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron. saving time by booking an appointment online, even smarter. online scheduling. available now at meineke.com. a near fatal car crash in the midwest has some people now uttering the "m" word. "m" as in miracle. with corn fields on either side of this road, really? >> people in a small town in missouri aren't sure what to make of this. for 45 minutes, rescuers struggled, trying to get a 19-year-old woman out of this mangled car wreck. listen to how the new london fire chief explained it to our affiliate, khqa. >> i can't be for certain what -- who said or how it was said or where it come from. but myself and one of the other firefighters that was beside me, we very plainly heard that we should remain calm. that our tools would now work. and that we would get her out of that vehicle. >> reporter: the voice, according to the fire chief, was a man dressed like a catholic priest. who seemed to just appear at the scene. >> he came up and approached the patient. and did offer a prayer. it was a catholic priest. and he had anointing oil with him. and a sense of calmness come over her then, even more so than what she had been already. and -- and it tdid us as well. >> reporter: how did this man get there? the road was blocked for at least a quarter of a mile. he doesn't appear in any photographs taken by officials at the scene. he seemed to have vanished after the woman, katie lins, was freed from the mangled metal. >> where did this guy come from? >> family and friends of lins who's a sophomore at tulane just simply want to thank him. >> we're looking for the priest. whether it was just a priest as an angel, serving as an angel, or an actual angel that came in wearing the priestly attire. >> sarah gannon joins me now. this mysterious priest aside, how is this girl doing? >> she had a lot of serious injuries. the good news is that her mother has upgraded her -- or said she's been upgraded from critical to serious condition. both her legs were broken. multiple lacerations of organs. thankfully her mom said, i want to read this. it was posted to her facebook page. thankfully her face and teeth escaped injury, which is always in some ways a small blessing. >> how did this whole thing happen in the first place? >> police have charged a man, 26-year-old aaron smith of hannibal, missouri, with felony assault, second degree in a vehicle. driving under the influence. and also driving on the wrong side of the road. so you can just imagine the horrific scene of this crash and why her injuries were so horrible and why it was so hard for first responders to get her out of that vehicle. >> mystery police -- or mystery priest still a mystery for now. sarah gannon, let us know if he pops up. >> absolutely. >> thank you very much. now it's pretty incredible video, this bus crash. you have to see to believe. i know. it takes your breath away. another view shows the driver of the bus being thrown out the window. we'll show that to you next. is because i have to go to the bathroom. and when we're sitting in traffic, i worry i'll have an accident. be right back. so today, i'm finally going to talk to my doctor about overactive bladder symptoms. [ female announcer ] know that gotta go feeling? ask your doctor about prescription toviaz. one toviaz pill a day significantly reduces sudden urges and accidents for 24 hours. if you have certain stomach problems or glaucoma, or cannot empty your bladder, you should not take toviaz. get emergency medical help right away if your face, lips, throat or tongue swells. toviaz can cause blurred vision, dizziness, drowsiness, and decreased sweating. do not drive, operate machinery or do unsafe tasks until you know how toviaz affects you. the most common side effects are dry mouth and constipation. [ susan ] today, i'm visiting my son without visiting every single bathroom. [ female announcer ] today, talk to your doctor about toviaz. [ female announcer ] today, talk to your doctor ♪ don't tell mom. don't tell mom. don't tell mom! don't tell mom. okay. don't tell mom. don't tell mom. don't tell mom? yeah. the best stories you'll ever tell start with, don't tell." don't tell dad. start yours in the new santa fe. from hyundai. choose your soup, salad, entree, plus dessert all just $14.99. come into red lobster, and sea food differently. right now, go to redlobster.com for $10 off 2 select entrees. good monday through thursday. it's not a candy bar. 130 calories 7 grams of protein the fiber one caramel nut protein bar. just a quick warning here. the video we're about to show you is extremely graphic. so just a heads up. roll it. you can see these passengers, they went flying when a truck rear ended this crowded bus. this was last friday as it was backing up on a highway. nearly two dozen people were hurt including these ten passengers who were thrown out of the bus. the truck driver was killed. you can see the same crash from a different angle. keep your eyes on the driver. it shows the driver upon impact out the window he goes. incredibly, he survive. that was china last week. we have heard a lot about privacy lately when it comes to e-mails and texts. next, how quickly a hacker can get into your cell phone and take pictures of you without you even knowing. you really couldn't have come at a better time. these chevys are moving fast. i'll take that malibu. yeah excuse me, the equinox in atlantis blue is mine! i was here first, it's mine. i called about that one, it's mine. mine! mine. it's mine. it's mine. mine. mine. mine. mine. it's mine! no it's not, it's mine! better get going, it's chevy model year-end event. [ male announcer ] the chevy model year-end event. the 13s are going fast, time to get yours. right now, get this great lease on a 2013 chevy cruse ls for around $149 a month. reading your text messages, reading your e-mails. even taking photos of you without your knowing. a hacker actually showed cnn money's lori segel how to trick a cell phone to spy on its owner. >> reporter: your smartphone. turned into a spy phone. >> i'm looking at my phone. looking at playing the game angry birds. >> reporter: you see angry birds on the screen. on the other end, a hacker can see you. >> we use the peep function to take a picture. let me just do that right now. there i was looking at the phone. >> reporter: that's just the beginning. >> the other thing we can do is record conversations. i can use the listen function here. when i click listen. i'm going to record ten seconds of conversation in this phone. hopefully it will record. >> reporter: how did they do it? >> we used angry birds. it's a very popular game. >> reporter: popular app. be careful where you download it. >> send them an e-mail. you have this really great game to download if you go to this link. go to the link. download the game. when they install it in their phone, they're all happy. they get to play the game. but the spyware is there. >> reporter: it's not the app that's the problem. it's a malicious link or fake app. his work is designed to find security flaws like this one. >> what we've done is created a trojan. trojan horse. an application with the malware buried inside it. they install the application all by themselves. the trojan horse inside it creeps out and takes over their phone. we can do this to any game we want or any other application. >> reporter: once you download the bad link your private data exposed. >> then we go to the website. the first thing we can do is we can locate where they are. here we are at black cat in las vegas. that's where this phone currently is. you can see it right there. what we have on here, we immediately get their e-mail address, the telephone number, the type of phone they own. we've also taken the contact list off the phone here. >> reporter: google and apple recommend users only download apps from their respective app stores. what do users need to know about how to protect themselves? you guys have come up with this code. you're not going to release it. you guys have come up with it. that definitely opens the door for other people being alk to do that. >> that's correct. first of all, be very careful with the applications you load. if you get an e-mail from someone saying click here to dunload the application, unless you really know that person, don't do it. >> reporter: lori segel, cnn money, new york. got something for you if you are near the water. something pretty adventurous to check out over the weekend. in fact, leonardo dicaprio, heard of him? he's hovering over water. you can, too. what is this? we'll explain next. i wrus wanted to leave you with these cool pictures. if you love water sports like i do, i love water skiing. trying to learn how to surf. this is super cool. when you're a hollywood a-lister you get to roll like this. leo dicaprio. fly boarding. heard of this? he's off the coast of spain. you basically strap on these jet boots. there's this h

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