bruce springsteen is postponing the rest of his september concert due to a gastrointestinal condition. on instagram today, the 73-year-old the zeeshan says he's being treated for pet culture disease. and that's it for me and "cnn primetime". "cnn tonight" we laura coates starts right now. and every friend that i know in new jersey who saw him over the weekend, they got super lucky. >> i mean, are you kidding me? the only dream i have is that when day i will be at his front row and -- courtney cox, all those years ago -- remember that, that one video? i am a video, girl the mtv generation. i admit that. so, i mean, i have other dreams, abby phillip, besides -- >> for you -- >> -- thank you. >> laura -- >> -- >> yeah, we hope that he gets well soon. >> abby -- you too. good evening, everyone, i am laura coates. and welcome to "cnn tonight". we have tomorrow's news tonight. we are here with the incredible video -- i can't believe this. it was the moment that a convicted murderer escape from prison, it's kind of parkour you saw today. plus, with the judge showed us today in a fulton county courtroom when it was televised and where all this is really going. but, first up, a great big nope for kenneth chesebro and sidney how. the judge shut down their time today to be trials everly from one another. it will, now, of course, the tried together, possibly beginning on october 23rd, for their request. so, what does that mean now for the d.a.'s to try all this yearbook photo of 19 defendants together? well, the judge, in a word -- his word -- skeptical. >> it sounds like the state is still sticking to the position that all these defendants should remain. and they want to address some of these removal issues, and i am willing to hear that and i remain very skeptical. when >> the word is skeptical. nonetheless, not just the beginning of what was a very bad day for the former president. a mar-a-lago i.t. worker has now flipped on trump in the classified documents case, and he's clearly telling a story that people want to hear. otherwise, he would not have gotten a deal. there is also a federal judge ruling today that trump is going to have to pay e. jean carroll in a second defamation case against him. it's just now a matter of how much money we are talking about. plus, there are new clues, as that man had his heating up on day seven in pennsylvania. investigators have now found footprints of the escaped murderer, danelo cavalcante. and they are warning that he would be as violent as he needs to be to avoid capture, if he really has nothing to lose. we have exclusive video coming up of the man hunt from a couple who live in the search zone. so, stay tuned for that conversation. and everybody is asking -- i have been asking, you have been asking, of course -- how in the world did he escape? now, we can see it for ourselves. take a look at this video. he is the person in the background there at the chester county prison. and it is showing cavalcante beginning a kind of crab walk out, a parkour move, really, before he then escaped. they are saying he then pushed his way through razor wire, he ran across the roof, he scaled another fence, and he pushed his way through, get this, more razor wire before than escaping. we've got all the latest details on the men at night. let's begin first with the hearing on the georgia trump 2020 election subversion case, the whole thing playing out live on camera. joining me now in studio is marcus childress, former january 6th investigative counsel and jean gene rossi -- i'm not going to do it. my mind is blown by that moment. but there was another moment today. and many people thought, today, there is no way the judge is going to look at the decision today about the actual -- he did. and he said, kenneth cheeseborough, sidney powell, you have to be tried together. not the other 17. but, tried together. i want to talk about the winners and losers of that decision, though. because that is really part of what is coming up on the horizon. when you heard about that, who do you think was the winner there? >> are you ready? >> i am ready. i >> think the big winner is jack smith. >> oh! >> because he is brilliant in charging donald trump by himself. -- you have a kerfuffle. you have a perfect storm of motions, scheduling, and constitutional issues, and removal. the big loser, i think, was the scheduling of the case in fulton county court. because, how the heck are they going to have 19 defendants in one room, in one courtroom, and not take six months or eight months? that is excluding jury selection. so, i think the big loser, was the people of fulton county. what i think the prosecutors did -- and it's great that they charge this big rico -- but i think what they are doing is get ahead of their steeds. they charged too many people in my book. so, i predict what the judge is going to do -- he is going to slice of those defendants who are not subject to removal. and he is going to put in abeyance the ones who may get removed. because, he brought up a good point. if you try a case with somebody who is subject to a possible removal decision, and the judge grants it, what do you do? you declare a mistrial? and then it goes to federal court? that is why i brought up the double jeopardy. so, the big winner is jack smith for brilliance, one defendant. the big loser, i think, is this scheduling process and the whole thing system in fulton county. >> marcus childress, you are nodding your head. you see it the same way? i >> actually see it a little differently. so, i'm glad to start with the losers and -- >> you pointed at me when you said that. >> no, you are not a lawyer -- winner too -- >> -- make sure that point is very, very clear. mr. cheeseborough and -- i think they lost today. -- their arguments in court today, and they don't want to be associated with the conspiracy, the big lie, and now the core said the jurors can hear the case fairly -- in the winners? i'm actually going to go with the american public. transparency, i think, winds here today. if you go back to our january 6th hearings one of the big, i think, victories, for us, was that the fact that you could watch officer caroline edwards, you could watch nick quested, see their demeanor -- look at the surveillance evidence and make your own determination. and so, the fact that we could watch this hearing today, and we are having this discussion, talking about how the attorneys were arguing and how the judge actually responded back to those arguments -- that was a win for the justice system. and i think we have need to have more -- trust in this trial as it plays out. >> that's a great point. and you think also about honing in on the y. why would these two people not want to be tried together? if you are kenneth chesebro -- chesebro i think it's now pronounced -- electoral count act. he was just offering legal opinions. he counters that to say, sidney powell, she was more of that coffee county issues, much more hands on, much more thought of as a -- of course, she denies all of those things. they don't want each other each other's stink on them -- but if you are sidney powell, people know her from the -- case, the dominion case. maybe, if you are kenneth chesebro, you want a big ten foot pole away from her. that's not happening here. but, what about the other 17, including donald trump, who has no intention of being tried this very year, on this case? how does he fare in this? >> i think donald trump is probably looking at his calendar right now. because they are not going to set the trial for him in fulton county, probably, until march, april, or may. so, that is a big negative for him. because, at the time when he is going to win the nomination, he is going to face a trial of his peers. and there could be a verdict of guilty in september or october. so, he is the big loser in this case. >> i think all 19 defendants are losers. because now you are starting to see people minimize their own involvement, point a finger at others. and i would be worried if i was one of the -- representing, that someone is going to cooperate and flip earlier than my client. so, i would be a little nervous about someone cooperating in this trial, after watching how it played out today. >> the early bird gets the worm. in this case, you think about that. thank you both for all your insight tonight. i want to bring in former trump white house associate counselor may mailmen mailman -- may, we are thinking about all the -- facing. but there are a number of codefendants here. there are, of course, codefendants in the mar-a-lago classified documents case as well. when you are looking at all of this and taking a step back, what is your take in terms of what this is going to mean, knowing there is, obviously, an election about 400 or so days away? >> yeah, so, trump has said that the march 4th date -- that is the date settled for the d.c. jack smith's case -- so, gene's winner here. so, he has called that election interference. and i think he is right in the sense that it is election if hearings in his favor and in the primaries. so, we have seen trump more than double in his support during this primary season because of these indictments. i think, at the very beginning, it was maybe understandable, because you had alvin bragg's case first. i think even people on the other side of the aisle were a little bit skeptical of that. but all of this playing out during a primary process does seem to be helping president trump. does it move an independent voter toward trump? probably not. but trump is, i think, the near term winner, actually, with, when you know, all of these cases piling on top of him. >> that's interesting, to think about the thumb on the scale and enduring to, the benefit of trump, because we certainly see the money that is being raised, the idea of the weaponization of the government, a consistent talking point, i think, as we often discuss is, look, we are really after you, i'm in the way, we are -- for you here. but then we talk, about it's fulton county, and let's go down to mar-a-lago for a second. because jack smith now has a cooperating witness against the former president in that classified documents case. it's an i.t. worker, uso tavera -- yuesvil taveris walt nauta, and mr. carlos de oliveira as well -- attempts to delete security footage and handed over to a grand jury -- that could be particularly damning for trump. we heard a little bit about that in the indictment against donald trump, of course, and -- added a second codefendant, mr. carlos de oliveira. but are you surprised now that there is that cooperating witness? and, if you were advising trump -- obviously, you are not his counsel. but if you were advising him with 18, what would be your suggestion here? >> so, i guess i'm not surprised. there was a lot of pressure on this person, because he had a potential perjury charge and he said one thing to the grand jury at first and -- i think that there is pressure being put on him, i think, if you want to avoid charges, you really should cooperate with us. and you know, i guess i'm not -- if i am advising trump, i would want to know what was said to this person. but at least what is in the superseding indictment does not make me all that concerned. because it seems like he did not have a direct link to trump as far as a destruction obstruction of justice. so, i think as clear as can see it, even though you have to read between the lines a little bit, trump's attorney told trump that there is a subpoena. trump then talked to walt nauta. we walt nauta then talk to another person, the third named defendant, and then, that person -- walt talk to, now, this cooperating witness. so, there's a lot of telephone. you don't know if he's going to know what is in trump's mind, if he was even aware of the subpoena, he knew trump was aware of the subpoena. so, we will see what comes out of it. but this person is low level enough that it does not -- it would not give me immense heartburn, i guess. >> they certainly have to follow the leader and follow that game, but then again, there are three codefendants, and perhaps testifying against one might actually induce pressure in other ways. but that's up to jack smith to prove his burden in this case. also, there's this point where donald trump was telling hugh hewitt today that he was willing to go on the stand to defend himself at trial, and we have heard trump say, oftentimes, that he would testify, and then he would oftentimes say, i would do it. but my lawyer say i can't. so, in this instance, the idea of him testifying -- would you suggest he do so in any of these cases? >> so, lawyers are risk averse. and so, i would always say no, especially with trump, where, you know, you never know what he is going to say. and so, that amount of risk is just not something that you need, especially in something like the mar-a-lago case. i think you want to focus less on the facts, because the facts are pretty bad. and you want to focus more on the law. what is the interaction between the presidential records act and the espionage act. what is the required state of mind under the espionage act. these sort of questions, where you really don't want to be pushing the facts. and, of course, trump is going to be out there with a whole bunch of facts. so, do i think trump is ultimately going to testify? no, i think these are just words. i guess my one caveat to that is that usually defendants don't want to testify because they are presumed innocent until proven guilty. with trump, you are a little bit -- everyone has their opinion of him. and so, maybe there is something to be gained by proving your innocence, in trump's case. that wouldn't >> he has conceded possession of the document. the rest he is contesting. how will that play in the end of all this? i tell you, if he does take the stand, the prosecution will have to have a bit around their neck to stop from salivating everywhere he is saying. in the other three cases as well. nice to talk to you, thank you. >> the manhunt is heating up tonight in pennsylvania for the escaped murder. on the run now for seven days. but tonight, there are new clues. we will tell you what the police have found next. feeling sluggish or weighed down? could be a sign you're not getting enough daily fiber. metamucil capsules can help. psyllium fiber gels to trap and remove the waste that weighs you down. promoting digestive health, for a better you. metamucil capsules an easy way to get more daily fiber. try killing bugs the worry-free way. not the other way. zevo traps use light to attract and trap flying insects with no odor and no mess. they work continuously, so you don't have to. zevo. people-friendly. bug-deadly. with new scope squeez mouthwash concentrate, just add water. squeez to control the strength of your mouthwash. and find a zone all your own. ♪ ♪ scope squeez. (vo) in two seconds, eric will realize (man) [laughs] (vo) they're gonna need more space... gotta sell the house. (vo) oh..open houses or, skip the hassles and sell with confidence to opendoor. wow. (vo) request a cash offer at opendoor dot com huh. how long have you been tracking our car's value with carvana? just, like, 7 months. should we sell it? we hold... hold... silver vans are going for more right now, should we... hold... our low mileage is paying off. you think we should... hold... depreciation is really heating up you think... hoooold!!! hooold! hooold. hold! we just dipped 2.5%! hooooooold!!! now!!!! i'm on it. i'm, on it. already sold to carvana. go to carvana and track your car's value today. >> there are new developments tonight. as the man hunt for escape murder kill the conte intensifies. incredible video released today, showing how he escaped. crab locking up a wall at the chester county prison. he apparently then pushed his way through ways of wire. for running across the roof, scaling another fence and pushing his way through even more razor wire before escaping. the prisons warden is saying the prison tower guard did not see a couple contests cape. calling it a quote, failure on the human element side. it's the second escape from prison just this year alone. he has been on the run since last thursday. and last month, he had been convicted in the brutal 2021 murder of his ex girlfriend in front of her two young children. i want to bring in cnn's brian todd. also former fbi director for criminal investigation division chris sweater. glad you are here tonight. we are seven days in gentlemen, brian, telecom to has still not been caught. but there have been some discoveries of footprints, what's going on? >> right laura, we did learn about that. today a new piece of information. the discovery of footprints, so critical that they have found those because this guy has left very few traces of himself. this is what lieutenant colonel george bivins of the state police had to say about footprints, about their use of canine teams and other elements of the search. >> there have been footprints. and there have been other indicators to us that he has passed through the area. we have had a number of dogs sent, trails that we have followed for sometime. >> a couple of other new pieces of information we have learned today. there was a sighting last night. some homeowners cited him on the creek bed of their property. they called 9-1-1. by the time long forsman got there he had vanished. also today, we learned lore that at least for the moment, lieutenant colonel george bevin saying that right now they do not believe they have any indication that he has a weapon on him. but they are really concerned that he might procure one somehow. because he has been seen near several homes and it is believed he has broken into least one of them. >> it has been almost a week since escape, why are they having such a hard time finding him? >> well, the search area has been shifting constantly. it has shifted a little to the east today, shifting back and forth. it has expanded today. you can also tell when you are out here, this is extremely rural area of eastern pennsylvania. a lot of farmhouses, a lot of rolling hills. hillsides, forest, things like this. i will also show you another example of why the search is so complicated. we will pan tear, left my, write a photojournalist it's going to take you down the railroad tracks where i am. now there are several world tracks injunctions that go through the area. what we are told by law enforcement, you can see down there the engines, those engines were attached to freight trains usually. these are areas that they are searching. they did tell us that they are searching these areas because they are very concerned about the possibility that he might jump on a freight train and if he does that, and is successful in doing that, he could obviously get a long way away from here fairly quickly. and it would not unilateral he's going, at least it would not matter to him. so what they've told, if they are securing as many of these areas and railroad tracks as they can. but that is a part of the challenge laura, they can secure areas where i am right now. but all up and down the railroad tracks, that is just one aspect of the surge. they have also got to comb through forests, fields, and things like this. it is very rural out here which is surprising to a lot of people because we are only about ten miles west of wilmington delaware. three miles west of philadelphia. you would not think that it is so rural but it is vast, rule and it is pitch black at night. and he can move around. and that is what he's been doing. >> chris, looking at the same things we are talking about here, do they have enough people assigned to this? how is this manhunt evolved in your experience? >> yeah, i mean typically this type of manhunt does involve a lot of agencies and a lot of people. now with drone technologies and cameras in that sort of thing. there's a lot to work with. and it appears from all of the evidence and sightings and housebreaking, and video that he is still within a mile and a half to miles, somewhere around that perimeter. so they do have him contained. it looks like. but he does seem to be able to move around at night freely. and job wanted to keep him contained. make sure he does not harm anybody else. he is a two-time killer. and is desperate so although it is real, we hear there are houses in the area, we've not had sightings in the home invasion. that family was very lucky. but job wanted to keep his head down. keep him contained. that is what they did with the olympic bomber eric rudolph. it took six years but he was caught within 45 miles of where he was last seen. >> and he was, this man convicted of murdering his former girlfriend. and what i believe is out for his arrest and murder of somebody in brazil as well. he is a brazilian national. chris, i cannot get out of my head though this video of him crab walking up the prison wall before escaping. i mean it is a remarkable lapse in security. and it does not seem like it's the first time that he has made and, try to get that. will >> he looked like spider-man. the big laps there if you will, the big vulnerability is not so much that he aspired up the walls, it's the fact that there was a blind spot right there. where any president could go in there and not be seen. they had a prison escape earlier, a few months earlier. and that same person, that person got on the roof and was able to move around as well. so this was a known vulnerability. i should have been cameras in their, or should have been periodic checks. between short intervals because this is, once you do it once, you've got to fix it. >> brian todd, chris wecker, thank you so much tonight. >> thank you, thanks laura. next i will speak with two people who live less than two miles from the prison. that he broke out of, and now they believe that he is actually bet on their property. here. next ♪ (upbeat music) ♪ ( ♪ ) constant contact's advanced automation lets you send the right message at the right time, every time. ( ♪ ) constant contact. helping the small stand tall. hi, i'm sharon, and i lost 52 pounds on golo. i realized i needed to make a change when i looked in the mirror and did not recognize myself. i saw the golo commercial and i liked how they weren't actors. they just seemed like people that were just happy with themselves and had true results. since being on golo, i truly feel like i'm back to the best me i can be. try golo. it worked for me, and i'm real. (soft music) honey... honey... nyquil severe honey. powerful cold and flu relief with a dreamy honey taste. nyquil honey, the nighttime, sniffing, sneezing, couging, aching, fever, honey-licious, best sleep with a cold, medicine. before and bath fitter. now's the time to call bath fitter to get a beautiful after. with our unique tub over tub process, there's no mess or stress. bath fitter, it just fits. visit bathfitter.com to book your free consultation. that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities. >> tomorrow marks a week since he escaped a pennsylvania prison. my next guest actually lived less than two miles from the chester county prison where he broke out. so, far investigators have searched their property twice. >> nina and charlie both join me now. thank you both for being with us. the nation is really captivated by. this one, the fact it happened at all. not to mention of course that we are now a week in to the manhunt. it is a very scary notion that it is happening. do you think that he's been on your property? >> so we have had reason to believe that perhaps he has. we have a couple who are a 65 acre farm. 50 acres on the backside. my husband and i live in the center of the woods. that is about a mile and a half from the prison. yesterday, or i am sorry saturday evening, we are very strange things in the woods. saw some things on our cameras. we did alert please. we've been working with agents in please. and this morning, there is a kind of treehouse clubhouse that has been shot for sometime. it has a door that has been shut. for the safety of our five year old, it was kind of shoved open which could take some force, some rude forced to shut that open. so we ended up, calling one of the troopers. they did come up again. to search the property. but we do have several nooks and crannies. we have three barns, trailers. there are three houses on the property so we are a little, taking precautions. >> what did you see on this, images or whatever you saw that made you over to police? besides the treehouse. >> on the trail, the one camera at the barn we saw what we think was a flash coming through. >> officers took our video back. they claim that it was some bumps. >> your son's school i understand has been closed for multiple days now. it must be very unsettling to say the least to think that if you believe he has been on your property that you have homes on your property. a tree house as well. maybe even being tampered with. what are your concerns now? what are you being told by the schools as to why it has been closed? >> i guess they're worried about the safety of the kids. can't blame the. who is to say kids at the bus stop, he comes through. i don't know. i think it's best the schools do stay closed. could stay home. they encourage everybody to lock the doors and so forth. >> we've been trying to help officers when they come here. we've grown up here our whole life. as kids we played in the woods all around you. i give the officers suggestions, if i was on the loose this is the way i'd go. this is where i died. then try to help him out in that respect. i ran across a bunch of u.s. marshals earlier today, and i was talking to them and they said where you from? i grew up in my whole life. look, i said i talked to them an awful lot about if i was on the loose, this is where i'd go. >> did they follow your advice? >> yeah, that you are very helpful. a told them the stream bed and stuff like that. you have stated, we are going to find that direction. >> there's a lot of drainage pipes underneath the main road that they have blocked off that are pretty, you could get in the pretties louis. a lot of retain itch ponds. the biggest reason for this closures are because the road closures. so this whole area within you know a half mile to a mile radius has been blocked off and there are staff who can cause the schools, children can't get to schools. there are school buses that can get the schools. they did say that if there were school buses in the area that had to go through the roads, these closures they would have an escort. which is very comforting. >> a police escort? yeah. i believe a police escort. they did release that at some point. and that is what we were told. honestly i'd still probably drive my child to school. make sure he went through the walk doors. is a, mom i want to make sure i can see him go through the locked door. >> on the same way. right into my locked truck. we carry. so we are protecting ourselves adequately on the farmer. we are taking shifts every hour, every hour and a half. we do have several security cameras around the facility itself. so we can get some angles and see what's going on. we get those security cameras on our phones, we have monitors our house and that sort of. >> are police asking for the footage? where are you providing, our neighbors doing the same? is this the mutual understanding to hand over every time comes a? >> yeah, our neighbors have been very cooperative. everybody's been super cooperative. police and agents are being very friendly with us. they are being cooperative with us as well. there is a big team group effort here about what's going on. i know a couple of people have written cameras. one neighborhood was broken into is in walking distance. they actually had a chopper yesterday. how does this mother's voice in portuguese. they made a press release that they were going to be flying a chopper eventually. i was sitting at my desk. and what is that noise, what is that? i went out on my dad can train off the chopper was flying around. it was his mother's voice. she was very distressed, crying. screaming over an intercom. around for about an hour to half, two hours constantly playing her voice, asking for a plea of surrender, started a police. >> so that was a little chilling. >> combination of the, to just hear the distress call, what's been going on, what you are all enduring just one of the families who are experiencing all of this. nina, charlie, thank you so much. i cannot believe what you've had to go through, thank you so much. >> thank you. >> well, the doj says tonight they are going to indict this man, hunter biden. with that means for the presidents son and what it means for the president, that is next. so you only pay for what you need. that's my boy. ♪ stay off the frereeways! only pay for what you neneed. ♪ libertyty. liberty. liberty. liberty. ♪ with gold bond... you can age on your own terms. retinol overnight means... the smoothing benefits of retinol. are now for your whole body plus, fastorking crepe corrector diminishes wrinkled skin in just two days. gold bond. champion youskin. ♪ vicks vapostick provides soothing, non-medicated vicks vapors. [exhales] easy to apply for the whole family. vicks vapostick and try vaposhower for steamy vicks vapors. dinner! [sfx: phone ping] ♪ what? tween milestones like this... may start at age 9. hpv vaccination, a type of cancer prevention... against certain hpv-related cancers... can start then too. for most people, hpv clears on its own. but for others, it can cause certain cancers later in life. embrace this phase. help protect them in the next. starting at age 9, talk to your child's doctor about... hpv vaccination. david: as we start a new school year, there's something new happening in california's public schools. they're called community schools. leslie: it really is shared leadership with families, students, educators, and communities. jessie: i feel like we're really valued as partners. david: it's a more innovative, holistic approach. grant: in addition to academic services, we look at serving the whole family. narrator: wellness centers, food pantries, and parental education. jessie: they're already making a difference. david: california's community schools: reimagining public education. david: california's community schools: here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch, it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >> the department of justice says that special counsel david weiss now intends to seek an indictment against president joe biden's son hunter. this relating to a gun case. i want to talk about it right now with cnn's kara scannell who has the very latest for us this evening. kara, what are you learning tonight? >> what are we learned in a court filing this afternoon that special counsel david weiss said they're going to seek an indictment related to the gun case this month. saying that because of the speedy trial act that they would need to make a decision on this case by september 29th. they are saying that they are going to do so before that date. and remember, this was part of this pretrial diversion deal that he had reached last back in july. under that, deal he would have avoided prosecution on a gun possession charge. possessing a gun while he was under the influence of a controlled substance. he has been very public about his cocaine addiction. that is a felony that faces statutory maximum of ten years in prison. so that was going to be diverted if he met certain conditions. including not using drugs and not positioned gun. for 24 months. the deal fell apart. what we do not know from the filing is exactly what they will try to seek an indictment on and if you will be that same felony. or if it will be which we know they were looking at, falsifying the form in which he filled out to get the gun. that remains an open question at this point. but certainly this case is looking like it is going to move forward with a felony charge against the president's son. laura >>? that >> might surprise a lot of people. because of that deal imploded and we all remember what happened in that courtroom. and the shock that it frankly almonte south so quickly. wondering what would happen next. then the special counsel appointment obviously. david weiss. why is a part of that deal stoneman table imploded? >> it's interesting, here that hunter biden's lawyers have said that they believe it was binding because it was assigned by hunter biden and the justice department prosecutors. saying that diversion is usually just between those two parties. so it should stick. now the special counsel's office are saying we'll lacks another important signature. kind of probation in delaware. and because that person ever signed it, they say the deals are executed and is therefore not binding. so they were signaling to the judge today that they will move forward with this and binds team saying that they are going to push back on this. they think they are deal as valid so it looks like we will have further fighting in court over the gun case. and where it may ultimately lead laura. >> is he going to try to make another deal obviously there is some questions now about getting every i dotted, every key carrasco given a seven before. but is there any reporting about there being another deal on the table at all? are we passed that? >> well biden's lawyers have said repeatedly since the deal fell apart and since weiss, was appointed special counsel that they do hope to resolve this case at some point in a deal, likely an ideal. i think the big question though here is we still have the tax investigation, that is open, that's where there was a plea agreement. prosecutors have said at this point that they are going to move forward to bring a case to trial. we do not know exactly what charges they will seek in that case. and then they did say that because they were appointing a special counsel that this is going to be a broader investigation. where there are potentially going to look at some other areas, whether there is foreign lobbying or possible foreign bribery. that was all part of the five-year investigation that had really narrowed to just the gun and tax case. but that is the big question now of whether the investigation will really broadly reopen. we do know republicans have been pushing a list issue. or if we are going to see two discreet charges in different jurisdictions. could ultimately end up where we started with a plea deal down the road. laura? >> gascon, oh thank you so much. interesting, very much so. well, leonard mack was wrongfully convicted of five decades ago. five decades ago. he spent years behind bars and now, at the age of 72, he is being exonerated. i will talk to him next. ♪ chevy silveradado has what it takes to do it all. with up to 13 camera v views. and the z71 off-road package. ♪ you ok? yeah. any truck can help you make a living. this one helps you build a life. chevy silverado. who needs that much more tide? he does. -we're having triplets. o, what does that mean? it means you're gonna need more de. -see? -ah. more likes? more tide. everyone's. gonna. need. more.. tide!!! -you're gonna need- -more tide. this back-to-school season tide and downy are giving back with 1.5 million dollars in scholarships. enter to win. are you still struggling with your bra? it's time for you to try knix. makers of the world's comfiest wireless bras. for revolutionary support without underwires, and sizes up to a g-cup, find your new favorite bra today at knix.com how white do you think your teeth really are? let's try the tissue test. ooof, still yellow. whitening toothpaste can only do so much. there's toothpaste white, and there's crest 3d whitestrips white. so much whiter! crest. diabetes can serve up a lot of questions, like, "what is your glucose?" and "can you have more carbs?" before you decide... with the freestyle libre 2 system know your glucose level and where it's headed. no fingersticks needed. manage your diabetes with more confidence. and lower your a1c. the number one doctor prescribed cgm. freestyle libre 2. try it for free at freestylelibre.us how can you sleep on such a firm setting? gab, mine is almost the same as yours. almost is just another word for not as good as mine. save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add an adjustable base. shop now only at sleep number. >> nearly five decades after he was wrongfully convicted of. a new york judge has overturned the conviction of 72-year-old leonard mac. following new dna testing that eliminated him as the perpetrator. and identified another man who has since confessed to the crime. >> joining me now is mr. lenard mac. and susan freeman. thank you for being here. in particular, you've been hoping to clear your name. for nearly 50 years and it finally happened. and on your 72nd birthday no less. you had to tell us, what does this all feel like in this moment? >> to be honest, it feels unreal. >> tell me why? >> it feels unreal, because it finally happened. and because it took so long. 48 years. and the reason it feels real is because of the reality is setting in. yesterday, when the judge read her decision, and said that the conviction had been vacated. and i was exonerated i just thank the lord that the day finally came. and now the reality of it is setting in. >> mr., matthew spent more than seven years in prison, for a crime, i want to reiterate, you did not commit this crime. you did not commit this crime and yet you have been fighting all of this time really to get your name cleared. and as the reality sets in, i'm thinking about what was lost. that time, what it did to you, to your family. you say that it really changed and entire trajectory of your entire life. >> yes it did as a result of the conviction of the charge. to be charged with that. and to have to go to prison for it. knowing that i did not do it. the animosity and hatred that i have had back then. and being put in prison if, in maximum security prison, knowing that i had not done it. and i was determined to in my mind, i was going to prove my innocence. and i was not going to give up. even though i was, every time i would submit a motion, it would get denied. it would get denied. but i never gave up. i had the hope that something was going to happen. that my innocence was going to be proven. it was going to be shown that i did not do it. even though back then, they did not have diana. but that is what kept me going. was my faith and hope. >> you took this case actually, even though leonard had been out of prison for decades. and it to his point, this is the longest case to be overturned based on new dna evidence. ever by the innocence project. i wonder what was it about the case, of mr. max that made you want to take this on? >> when we looked at the case, we saw it had all of the hallmarks of a wrongful conviction. it had multiple eyewitness misidentification's. it had false misleading forensics evidence that was presented. and the other thing that really stood out about the case is the way that tunnel vision really drove the police and prosecutors decisions. in the case when you look at the case, you see the i.d.s were completely unreliable. the serological evidence was exculpatory. despite, that police decided not to reopen the case and see if there were any other leads. so to us, it was really a compelling case of innocence. >> mr. max, thinking about what you had to endure, that feeling of what if it were them to have been faced with something so horrible. to be accused of something like this, not to have done it i wonder how did you have even till this moment, you talk about keeping the faith how did you have the mental fortitude and strength to still believe and endure what people saw of that you? >> no i did not do it, and just having the mindset that i am not going to give up. i'm not going to throw in a towel. i'm going to continue with this. i said i'm going to continue it until the day i die. i'm going to talk about. i know i did not do this. i know i didn't. >> ike you so much for joining us today. your story is so important. susan, mr. lenard back, thank you so much. >>, thank you you are welcome. >> thank you for watching, our coverage continues. (eagle screeches) (energetic music plays) there he is! it's right there! ♪ oh, he's straight ahead. he's straight ahead. straight ahead. go go gogo. ♪ cover more ground in the kia sportage turbo-hybrid. kia. movement that inspires. when you find your reason to go on, let it pull you past the doubt. pa the pain, and past your limits. matter what, we go on. biofreeze (vo) in three seconds, this couple will share a perfect moment. (woman) is that? oh wow! but we got to sell our houses! (vo) don't worry. sell and buy in one move when you start with opendoor. (woman) yes! (vo) close in a matter of days. start with an all cash offer at opendoor dot com [stomach growling] it's nothing... sounds like something. ♪when you have nausea, heartburn, indigestion♪ ♪upset stomach, diarrhea♪ pepto bismol coats and soothes for fast relief when you need it most. ( ♪ ) sometimes, all the tenacity and grit in the world... ...can't overcome the boundaries we face. ( ♪ ) so morgan stanley is partnering with the women's tennis association to remove them. ( ♪ ) because this game is for everyone. ( ♪ ) loving this pay bump on our allowance. wonder where mom and dad got the extra money? maybe they won the lottery? maybe they inherited a fortune? maybe buried treasure? maybe it fell off a truck? or maybe they switched to xfinity mobile - the fastest mobile service. save hundreds a year over t-mobile, at&t and verizon. now i can buy that electric scooter. i'm starting a private equity fund that specializes in midcap. you do you. switch to xfinity mobile today. my cholesterol is borderline. so i take garlique to help maintain healthy cholesterol safely and naturally. and it's odor free.