Transcripts For CNNW Starting Point 20120531

welcome, everybody. our "starting point" is this breaking news. two american tourists have been kidnapped in dahab, egypt, in the sinai region. the kidnappers, it appears, are trying to negotiate some sort of prisoner exchange. jill daugherty joins us. what do we know? >> the state department is in touch with the families of these two people. names have not been given. they're 31 years old. the state department is providing counselor services and they are in touch and working very closely with egyptian authorities to try to resolve this. essentially, what happened, these two people, two americans in a car on their way to a resort at dahab. you mentioned that name. it's a former fishing village. apparently really a lovely site, place for snorkeling and diving. and so they were on their way. their car is stopped. they're yanked out of the car and taken away. it appears that the people who did that want the release -- the demand is for the release of an egyptian man who was arrested with a large amount of drugs. so, presumably, could be negotiations trying to get them free. this, soledad, is a good example of some of the problems happening after the fall of hosni mubarak, an area that doesn't have a lot of resources. there's a lot of resentment against the central government. and it has happened before. remember back in february, there were a couple of americans briefly kidnapped. happened to some chinese workers. so it's turning into a bad situation there. >> we're continuing to watch that situation. thanks very much for that update. let's turn to christine romans with the day's headlines. good morning, christine. >> good morning, soledad. five people are dead after a gunman goes on a shooting spree in seattle. a sixth victim suffered fatal injuries. the gunman took his own life as the police zeroed in. it has been plagued by a wave of gun violence this year. 20 homicides in all of 2011. so far this year, they've already had 19. indiana high school senior finds out this morning if she'll be stuck in mexico the next three years. elizabeth olivas is class valedictorian and is supposed to deliver a graduation speech saturday. she has lived in indiana since she was 4 years old but was born in mexico and never became an american citizen. the law are required she return to mexico within 118 days of her 18th birthday but got there one day late. now she's banned from returning to the u.s. unless she's granted a waiver this morning at the u.s. consulate in juarez. we'll talk to elizabeth next hour on "starting point." space x capsule released from the international space station this morning. deorbit is scheduled for this morning. splashdown is expected before noon. hernandez is expected in the death of etan patz 33 years old. the 53-year-old hernandez confessed to murdering patz, the 6-year-old boy who disappeared in 1979. he is charged with murder and now is on suicide watch at a new york hospital. mark zuckerberg, no longer one of the world's very rich people. he has been enjoying his honeymoon in italy, face book stock has been dropping, the company lost a quarter of its stock market value and zuckerberg has now fallen off bloomberg's top 40 index. the stock closed at $28.19 yesterday, soledad. >> terrible thing to have to tell him. the good news is that you're still worth $14 billion. it's not so bad. >> that's a lot of billions. >> christine, thanks. obama campaign is launching a new attack strategy this morning after weeks of hitting mitt romney for his work at bain capit capital, the obama administration is now taking aim at his record as governor of massachusetts. trying to discredit the republican nominee's time spent there. david axelrod will be leading a news conference in front of the state house in boston to try to push that message as well. joining me this morning, obama supporter and massachusetts governor, democrat duvall patrick. nice for seeing you, governor. thanks for being with us. >> good morning, soledad. thanks for having me. >> it's our pleasure. why the shift away and off bain and focused on romney's job that you now have? was there some backlash certainly among the surrogates? >> first of all, it's never been about bain but whether governor romney has accomplished in either the private or public sector the kinds of things he said he wants to do for the nation as president. he sold us, soledad, the very same lines that he is offering now in his campaign for president. but it just didn't happen. he talked about more jobs. we were 47th in the nation out of 50 in job creation in a good economy. he talked about slimming down government. in fact, it grew. he talked about fiscal discipline. instead, he left a deficit. >> governor, let me dig into some of those numbers. 47th in the nation in job creation. if you look at the massachusetts tax foundation, which is using the statistics from the bureau of labor statistics, when the governor came in to office 150,000 jobs had gone in the recession, obviously, as you well know. dot com bubble had burst. >> right. >> once he was in office for roughly 12 months, the state stopped losing jobs. by the time he left office he regained those lost jobs plus, they say, 31,000 incremental jobs. so a net gain of 31,000 jobs. >> let me be clear, soledad. >> is that wrong? >> i didn't say he didn't add any jobs. in a good economy, we were growing third from the bottom compared to other states around the country. that's no longer true. when he said that, for example, he was going to make government smaller, it is a fact that he added more people to the workforce. he said he was going to show us fiscal discipline. it's a fact that he left a $1.1 billion deficit. these aren't attack points. they're just facts. and when we talk about what he's trying to sell to the american people as his agenda and his experience when he's running for president, we ought to be able to look at those facts. >> here say clip about debt in massachusetts. let's play a little of that. >> we accumulated the greatest debt buildup of any state in the country. that's after a campaign promise to do exactly the opposite. >> his debt to pay for annual operations cost, like paying your rent on your credit card. that was mitt romney's plan for paying the way we maintained our highways and cleaned our streets. >> the romney campaign would argue isn't really the debt ceiling fight about this very thing? this is what president obama is doing, too, right? you use debt and money that is essentially borrowed to pay for the costs you need for everyday living. isn't that a fair slam on the president? >> well, i think i heard the clip, but the point is that the -- there's debt that we use to finance infrastructure, long-term expenses, the same way that people take debt for a mortgage, for example, for their home or debt that we use for operating expenses. in a state as you know, soledad, you have to balance the budget. being able to run a deficit for operating purposes is not a very good idea. we had a structural deficit here when romney left. it's gone today, i'm happy to say. >> let me ask you about taxes and fees. this is a big part of the clip you've released online. let's play that first and we'll talk about that on the other side. >> he raised our taxes by raising our fees. >> but a rose by any other name is absolutely still a rose. fees are an increase out of the pockets of every massachusetts resident. that's a tax. >> are those fees today still in place? or when you came in as governor did you say those fees are unfair? we're being nickelled and dimed? let's get rid of them. >> many of them are still in place. about a quarter billion -- excuse me, three-quarters of a billion, soledad, in additional fees. the gas tax was also raised. the question is not whether they went up or went down. the question is whether as a philosophical point of view you believe that fees and taxes ought to fund the services that people say they want. and governor romney says that the solution to our economic woes is to cut taxes and fees. by the way, that's never been born out historically, but he didn't actually do it when he was here. >> but you still have these same fees so if philosophically you think fees are phil soosophical the bad way to mimic taxes, why not rescind the fees? >> well, in fact, in some cases we have. in others, we've had to increase them. but we have never hidden behind a suggestion that we weren't doing that. that we weren't trying to fund the services people say they need. that's a point of integrity. that's not a point of the good or bad of raising fees. i'm just saying that governor romney has made the point that he didn't raise taxes. in fact, he did raise the gas tax. from the perspective of the taxpayers, fees are a tax. >> the polls are narrowing the gap between president obama and the former governor romney. romney is up 13 points. president obama is down -- >> on a national level? >> specifically if you look at women, the president down seven points among women. he's till ahestill ahead, the p, that is. why do you think he's losing women, president obama? >> you're asking the wrong person, soledad. i don't care about the polls. >> oh, please. yes, you do. i have never in my whole life heard a politician say honestly they don't care about the polls. come on. >> if you've been listening to me, i say it all the time. the pundits and the pollsters trying to tell us what is going to happen from day-to-day is a lot less important than connecting with the concerns, the anxieties and the as enti aspirations of the american people in time for election day and beyond. that's why i'm supporting president obama. is he about governing for the long term, not the next poll, not the next election cycle, not the next news cycle. that is a real difference between what the president is offering to the american people and what governor romney offered to massachusetts while he was here. >> you might be the only person on both campaigns who is not paying attention to the polls, sir. governor deval patrick, thank you, sir. also has a new book called "faith in the dream." thank you, governor. two americans have been kidnapped at gun point. we'll update you on their situation. plus the secret charles manson tapes. police getting their hands on eight hours of recordings. could they reveal more murders committed by manson? 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[ baby crying ] ♪ what started as a whisper ♪ every day, millions of people choose to do the right thing. ♪ slowly turned to a scream ♪ there's an insurance company that does that, too. liberty mutual insurance. responsibility. what's your policy? ♪ amen, omen this morning, los angeles police are hoping that new evidence could reveal if infamous killer charles manson is behind new unsolved murders, a court granting lapd into audiotapes. he is considered to be manson's right-hand man, currently serving a life term in prison. criminologist and behavioral analyst casey jordan joins us this morning. also professor and has included the manson murders as a point of study in some of the courses that you teach. it's nice to have you. >> great to be here. >> what value dhoung eight hours of audio recording koss ha inin? >> we have to admire the lapd. it's come up in a bankruptcy decision. and i think part of it is that they want to listen to them and find out if it sheds light on any other unsolved murders or cases that could have been cold for more than 40 years, but also to keep the hands out of someone who might want to exploit them for profit. >> pretty unusual that an attorney would be taping his own client. that wouldn't happen today. >> not today but audio cassettes were relatively new back then. and perhaps he wanted to preserve them for his own efforts. but today that would be highly risky to preserve anything that could be used against your client in the future. tex watson doesn't have any objection, but his -- >> that privilege was waived so those tapes could go to the guy working on his book. >> right. >> they went to the attorney, because he had no way to pay the attorney. toernt is dead, the law firm goes under, declares bankruptcy. now they're in the hands of the l pach lab pchlt d. >> are there any unsolved crimes that they think could be related to the manson murders? >> two or three. i think it reflects our continued fascination with those manson murders. it really represented this watershed in our culture, this helter skelter attack on hollywood and capitalism. people want to get inside the mind of tex watson of the details that he may have divulged to his attorney. >> want to be in on the conversations between a killer and his attorney. >> you do. >> lapd chief wrote this, when trying to get permission to have these tapes. the lapd has information that mr. watson discussed additional unsolved murders committed by followers of charles manson. it is requested that the original recordings be given to the lapd in order to determine if information regarding unsolved murders was included in the recordings. is there any evidence at all that that, in fact, is in those tapes? >> that doesn't mean that he admitted that he was involved in them in any way. they could have been talking about things in the news. remember, the entire manson clan was very forthcoming. they didn't deny anything at their trial, just basically said it was a political maneuver to lock them up forever. if tex watson, who says he found christianity and wrote a book -- i think he would have said something by now. >> he also gave them to his nephew, said i don't want these to fall into the wrong hands. >> i don't think he wants anyone to exploit them. if anyone were to do it, it would be tex watson. he already wrote a book. anything connected to the manson family will be consider aid hed commodity. >> why? why do we care? >> that one is really at the top of murders that really just felt like the world was out of bounds, completely chaos. >> and every time charles manson comes back up for parole -- >> we're galvannized. >> and reporting on it again. casey jordan, thank you for being here. >> glad to be, soledad. get real to a pregnant mom who got herself arrested. how the urge to get a piercing wound up getting her hauled off to the cops. quiet afternoon at the local watering hole shattered by this, a runaway suv. it's all caught on camera. crazy pictures there. our starting point team headed in. margaret hoover, marc lamont hill. will cain, good morning. no chairs for you. you'll have to stand the next two hours. welcome. the new taurus is going to blow people away... starting with the guys who built it. this taurus is pretty serious. i can't believe they're actually going to let me drive it. all right, it's got what? 360 horsepower. 365 horsepower. let's see what that feels like. so this is 365 horsepower. all while delivering really great fuel economy. so we're getting great fuel economy? cuz that's what i'm thinking about right now. anti-aging cream undeniably. it creamed unbelievably a $500 cream and now women have made regenerist microsculpting cream also unscented. women love it. in original and also fragrance-free. and waiting in line. i don't have to leave my desk and get up and go to the post office anymore. 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[ male announcer ] get a 4-week trial plus $100 in extras including postage and a digital scale. go to stamps.com/tv and never go to the post office again. marc lamont hill must be back. >> yes. set the music goal high today, will. see what you got. >> he has made a lot of movement. >> has he? >> musically, yes. over the last few weeks. i noticed that. >> i've noticed it, too. >> country. >> i like country. a lot of variation you're putting out there. >> the same songs. >> let me introduce everybody. our team this morning, margaret hoover worked in the bush white house, mark lamont hill and will cain. time to get real this morning. this one takes the cake, as they say. 20-year-old stephanie irene san t tana, who was drunk, is now officially out of the running for mother of the year. the pregnant and drunk houston woman was arrested after she stopped at a tattoo parlor at 2:40 in the morning. 2:40 am. apparently it's an all-night tattoo parlor. she wanted to get a piercing. she's kind enough to mention to them, like how fast will this go, because i have my kid in the car. >> right. >> tattoo parlor employees called -- except for the drinking thing and the kid in the car thing alone. but the tattoo employees called the police, found the 1-year-old girl asleep in the vehicle, surrounded by beer bottles, apparently, and prescription xanax pills. 7 1/2 months pregnant. let's list, shall we -- >> i wrote it down. >> can you? where is your chart. >> it's not a chart. it's handwritten scribble notes. drunk, 20. >> underage drinking. >> okay. seven months pregnant. >> and drinking. >> bad, bad. >> with one child already. >> going for a piercing. lot of people -- >> lot of people have their kids close together. >> 2:00 am, interesting detail with 1-year-old girl sitting shotgun in the car. >> shotgun. >> kicker -- >> shotgun, 1-year-old in the car. >> and beer bottles and xanax found where? in the diaper. >> diaper. hopefully, she'll get some help and turn her looiife around. >> i feel bad for those kids. >> help the mother, help the kids. still ahead on "starting point," breaking news to share with you from egypt. two americans have been pulled out of their car at gun point and are now kidnapped. details to tell you about. texas teenager jailed for missing class. she's an honor student working two jobs to try to support her brother and sister. is the judge going to cut her a break? if you're watching us at the gym, stop what you're doing. literally get off the elliptical machine. there's new that is exercise could be bad for you. >> i knew it! >> at equinox downstairs they're like, i'm out. what we achieved here. what we learned here. and what we pioneered here. all goes here. the one. the accord. smarter thinking from honda. [ female announcer ] weak, damaged hair needs new aveeno nourish+ strengthen. active naturals wheat formulas restore strength for up to 90% less breakage in three washes. for strong, healthy hair with life, new aveeno nourish+ strengthen. morning. welcome back, everybody. we start with breaking news. two americans have been kidnapped overseas. two american tourists taken at gun point, apparently, in the town of dahab in egypt's sinai region. the embassy says they're in close contact with authorities, trying to resolve the situation as quickly as they possibly can. jill dougherty is live for us. >> we've been checking with the state department. they tell us they are in touch with the families of those two people, 31 years old, both of them, who were kidnapped. that the state department is providing all the services, counselor services that they need and the most important thing is that they are now working very closely with egyptian authorities, trying to resolve this. it appears -- you mentioned they were on the way to this town of dahab, which is a resort. and it appear that is they were taken out of their car because -- because the bedouins themselves had a man taken into custody for apparently having a large amount of drugs. it looks as if they're simply holding them because they want their guy back. this, soledad, by the way, dahab is a resort. it's a beautiful area, not far from shamal sheikh, former fishing village, scuba diving, all sorts of things. egypt, as we know, has a lot of problems after the fall of mubarak. the bedouins feel like they get almost nothing from the central government. that's been seething. two americans in february were kidnapped. they were released. there have also been chinese workers. problems in that area. we hope that the state department, along with the egyptian authorities, will be able to bring this to a close peacefully and the people will be okay. >> we'll continue to monitor the situation. jill, thanks. christine romans has a look at the top stories of the day. freeing 500 prisoners arrested for their alleged involvement in the anti-government uprising as they target the town of houla with mo mortars again today. nearly half of those dead are children. bombshell in the hazing schedule. florida a & m university. band member charged in another suspected hazing there. 25-year-old dante martin was involved in the beating of a female band member as part of a hazing ritual called crossing bus sea. she says she was beaten until she was nauseous. martin is not charged in champion's death. ravi will begin serving a 30-day sentence for spieg on his gay roommate with a web cam during an intimate encounter. that roommate, tyler clementi then later committed suicide. the judge said he couldn't see putting ravi in a prison with hardened criminals for a long period of time. having drinks at the local watering hole in minnesota yesterday. a 51-year-old woman lost control of her vehicle, took out a utility pole and crashed right through the wall, pinning five customers against the bar. the manager got out of the way just in time. >> it happened like that. you didn't have time to react. three feet down i see the pole flying through. and i thought that's kind of strange. all of a sudden i heard a boom and the truck came right through the wall. >> six people, including the driver, were hurt. police say the driver may have had a medical condition that caused her to lose control. the news we've all been waiting for. could exercise actually be bad for you? a new study claims exercise could increase heart risk in some healthy people. 10% of the study's participants who engaged in rigorous exercise actually got worse on at least one measure linked to heart disease, blood pressure along with insulin and cholesterol levels. researchers say they don't know why but do point out that most of the participants saw improvements with exercise. so, soledad, you cannot unplug the treadmill. because it mostly is good for you. >> breaking news, go back to the elliptical. >> i may have mentioned you should hop off the elliptical, i would like to rescind that mention and tell everybody to put down the donut, go back to the elliptical. woops. thanks, christine. an interesting case out of houston to tell you about. it involves a 17-year-old girl. you might have heard this story. thrown into jail for the night for truancy. her name is diane tran. she missed 18 days of school this year. under it can law when a student misses more than ten days in six months, the school has to file a complaint against the student in court. what makes tran's case unusual is her background. really, she's basically been abandoned by both her parents. she missed school because she's working two jobs, one full time, one part time, and she's doing that because she has two siblings to also support, one younger, one who is already off in college. on top of that, she's an honor student. here is a list of her partial class load. >> u.s. history, dual credit english, college algebra, spanish literary ap. >> now there's a big push to clear her record, get her help. one of the folks leading that charge is a councilman in houston. nice to see you, sir. thank you for talking to us. the judge is reconsidering. i believe of the order is vacated. would that mean it never happened? her record is clear? >> good morning, soledad. thank you for inviting me here to voice the asian community as a whole to souupport diane tran. the judge already vacated the charges but in it can't it has to be followed with a motion to expunge in the district court. her attorney, mr. brian wise, is going to file that motion today. >> what moved you about her story? you started getting involved to help her clear her name after the story started getting big, national attention. >> yes, exactly. once the asian community has heard of this matter, they immediately voiced up and i have received numerous e-mail and the president of the vietnamese community sent a letter to me and also to the judge immediately, asking to vacate this judgment. and you know what, soledad, the community here, they said to my office -- they said that the judge did not consider what we call the discretionary power so that he would not jail her, but the judge fortunately later on was informed of her situation and immediately reversed the judgment. he already vacated the judgment. that's very good. >> mr. wang, i want to follow up on something you just said. the rules are that if a student misses ten days in a six-month period and it's turned over to essentially the justice system. how much discretion did the judge have? what could he have punished her with? what were his choices? >> well, the texas legislative intent was not to punish the good student, but only to punish the troublemaker. here, this case, diana tran skipped classes. she has excuses. in the code it says very clearly if a student is going to miss class without excuses, but now she has excuses. so the discretionary power of the judge is fairly huge in this matter. after the judge, he said on the news after he has been informed, he believes that this is the right thing to do, to reverse the judgment that he already ordered previously. >> one of the things that seemed to be motivating the judge, in fact, was a sense of like sliply slope. if you don't come down hard on one student, the rest may get away with everything. let's play some of that. >> if you let one of them run loose, what are you going to do with the rest of them? let them go, too? a little stay in the jail for one night is not a death sentence. >> soledad, maybe you guys have an opinion on this, but where is the school system on this? you know, before you even get to the criminal justice system, to a judge, where are her teachers? shouldn't they be concerned she's missing class and inquiry? have some compassion and concern for this student. maybe they could have dug a little deeper into the story before this got -- >> it does feel like she fell through the cracks, mr. councilman. i'm curious to know now that people know her story, money has been rolling in. there seems to be a lot of support not just for her specifically, but her brother and sister as well. do you sense that this is going to be able to -- with more people sort of understanding what's behind the missing school days, she'll be able to have better fortune going forward? >> definitely, soledad. and people listening, if they want to help her, they can go on helpdianatran.com. the judge said that quote, he said those things because he was not fully informed but later on he was fully informed and changed his mind. that's what it is. >> you've already raised, it looks like, $100,000 for her. has she said what she's going to do with the money? clearly she's a good student. great student. she wants to go off to college. >> yes. she will use that money to fight the legal system to clear her record, to expunge the case. then she will use the rest to support herself and the siblings she is trying to help. >> thank you, sir. nice to see you. appreciate it. >> thank you. >> you bet. still ahead this morning on "starting point," do you enjoy drinking that big soda at the movie? sip up now. new york city is trying to put an end to those sugary oversized drinks. and are mermaids real? a new mocumentary has some people believing that they are, but they look like that. so not ariel. a little kanye west to get the morning going. >> you? >> i love kanye. >> i know. >> sarcasm. got it. got it. >> country music. >> cold. man: there's a cattle guard, take a right. do you have any idea where you're going ? wherever the wind takes me. this is so off course. nature can surprise you sometimes... next time, you drive. next time, signal your turn. ...that's why we got a subaru. love wherever the road takes you. we love theme parks but with four kids, it can just be too expensive. yeah, so to save money we just de our own. oh no! what could be worse than ninety-foot swells?! typhoon! first prize! it's a cheese grater. wooooo... this isn't scary. are you kidding me? 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[ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! don henley, boys of summer off will cain's playlist. >> well done. >> i approve. >> will cain pick on day a little teeny bit. >> every day is will cain pick on day. >> no, no. i love will cain. this morning -- why do you guys laugh hysterically when i say that? it could be the end of the big gulp. new york city mayor michael bloomberg wants to ban the sale of all sugary drinks more than 16 ounces. sport as reasonas, movie theaters, restaurants and more. the proposal will go june 12th to the board of health. since he controls all the members of the board of health, it's expected that they're going to approve it after the three-month comment period. i can read your mind. nanny state. >> nanny state is one angle to go. the other angle is the arbitrary silliness of it. i can buy under this proposed law a big old beer but not a big old coke. alcoholic beverages would be okay. >> reporter: maybe they're worried about childhood obesity. >> okay. so 15 ounces, okay. 16.5, not okay. >> this is 20, right? what they're saying is this no longer would be for sale. you would be forced to buy this. theoretically, you could buy 25 of these, suck them all down and it would be perfectly fine. >> people don't do that. when you go to the movie theater, there's a size for $2 or you can go get one this size for seven cents more. people aren't going to go back and get another one but that being said, i don't agree with it. >> we do have an obesity problem. when you have obese children, that becomes a public health children. >> it all comes down to money? >> right, right. >> but isn't it -- >> overweight small children. >> i think michelle obama's plan, we have a public advocacy plan where you allow people to have the information in front of them and make smart choices. sure, sometimes the kids will sneak the super sized drink. you have to let people make the choices in their own life. >> really, did that work with smoking? >> they didn't have the information. >> they had the information. >> the public didn't know exactly what was happening. >> new york city, you can't buy alcoholic beverages infused with caffeine, you can't be trans fat restaurant foods and everything you do buy must post a calorie count. >> i love the calorie count thing. >> it's information, will. >> i know you're against information but it's okay to have a calorie count. >> we're glad you love our city, will cain. glad you love to be here from texas. still ahead, mermaid mania. did humans evolve to become sea creatures? discovery channel special, like a mocumentary. >> they're cute. >> not cute at all. and home coming queen is set to speak at her graduation ceremony saturday, but is stuck in mexico. ♪ ♪ ♪ and we dream up ♪ all the best stuff ♪ and we can make it up ♪ cause we were made for each other ♪ ♪ for always ♪ oh oh ♪ for always at bank of america, we're lending and investing in communities across the country. from helping to revitalize a neighborhood in brooklyn... financing industries that are creating jobs in boston... providing funding for the expansion of a local business serving a diverse seattle community... and lending to ensure a north texas hospital continues to deliver quality care. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible. there are a lot of warning lights and sounds vying for your attention. so we invented a warning.. you can feel. introducing the all new cadillac xts, available with the patented safety alert seat. when there is danger you might not see, you're warned by a pulse in the seat. it's technology you won't find in a mercedes e-class. the all new cadillac xts has arrived. and it's bringing the future forward. >> it's sort of following in the footsteps of war of the worlds. it premiered on animal planet this weekend. the program unfolds as a conspiracy coverup and speculation about how this particular creature that looks like the mermaids i imagined could have evolved from human beings. millions of people watched it. it will reair tonight. take a look. >> the body was one of the most important finds. possibly one of the most important scientific discoveries in human history. this was an intelligent tool maker with grasping hands evolved from a primate ancestor, one that walked upright on land like us. if this creature is part of the human family tree, how human is it? >> charlie foley is the executive producer and writer of mermaids. it's fake, right? >> there are some things in the film that are in fact real. if you watch it, there is this phenomenon recorded in 1997 in the pacific ocean. this mysterious sound that long defined explanation. people don't know what it is. presumed to be organic in nature but a real sound that was recorded. in our story the navy is involved in sonar testing that resulted in beachings of whales. that's also real. the navy conducted tests that resulted in beachings for years they deny they were involved in doing that. that's also real. and there's a theory -- >> you show pictures like this where you have the actual mermaid which looks nothing like what i was imagining. closer to red hair and sparkly tail thing. >> we imagine these mermaids in a way that would be biologically plausible. if you were -- if mermaids were real, they wouldn't look like aerial. you wouldn't have hair. the coloring is something that you see in other marine mammals in animals like great white sharks where you are dark blue on the top and paler on the other side and that's camouflage in water. the blue outline breaks your form and you can't be seen so easily. you are paler underneath and harder to make out. >> did people think this was real? when 3.5 million people watched this on sunday night, how many of those are, like, wow, mermaids are real? >> i think a fair number of them think it's possible. we tried to create a world that was convincing that was informed by science and it makes it more realistic. >> it's possible that mermaids exist and thinking this is real. a lot of people are stupid. let's be honest. >> i'll give you an example. a few years ago there was something discovered in an indonesian island that is a human species that was three feet tall. there are myths of little people around the world. before that you would have thought that's impossible. that's just a legend. a myth. it's science record. that's true. that's a real creature. so i don't know that it is so n implausible to believe. there are animals that have gone from land to sea. orcas did it. polar bears are doing it right now. that short span they developed webbing in front paws and can hold breath for minutes at a time. >> there's a cultural fascination with these my mythlogical creatures. what do you think is root of this cultural fascination with these creatures trying to find reality in them? >> it's a great question. people want to believe in legends. people also believe there may be a truth in legends. cultures have a story about mermaids. they all have very faithfully rendered the same depiction of the same mythic animal. how did they depict it similarly. >> i believe. i believe. >> final question. after your evidence and plausibility and talk of other cultures, do you believe that mermaids exist? >> i believe that there is a lot we haven't yet discovered. in the past decade there have been two new species of whales found in the open ocean. largest animals on planet earth that ever existed discovered in the past decade plus. you heard that the deep seas have been less explored than the surface of the moon. that's true. i think there's a lot out there to be discovered. so that's what i believe in. >> charlie foley, nice to have you. the mermaids will air tonight. thank you. ahead on "starting point," a high school senior stuck in mexico before she's to graduate on saturday. she could be banned from returning to the united states for three years. we continue to follow breaking news. two americans kidnapped at gunpoint in egypt. we'll take you live to cairo straight ahead. you're watching "starting point." we're back in just a moment. ing. introducing the all new cadillac xts, available with the patented safety alert seat. when there is danger you might not see, you're warned by a pulse in the seat. it's technology you won't find in a mercedes e-class. the all new cadillac xts has arrived. and it's bringing the future forward. with your photographs. ( younger sister ) where's heaven ? ( older sister ) far. what will you inspire, with the eos rebel t3i and ef lenses, for ron's next project ? learn more at youtube. a living, breathing intelligence teaching data how to do more for business. [ beeping ] in here, data knows what to do. because the network finds it and tailors it across all the right points, automating all the right actions, to bring all the right results. [ whirring and beeping ] it's the at&t network -- doing more with data to help business do more for customers. ♪ with new chef's picks from lean cuisine. new dishes on the culinary cutting edge like mushroom mezzaluna ravioli and chile lime chicken. ♪ new chef's picks from lean cuisine. welcome, everybody. our "starting point" is breaking news. two american tourist pulled out of their vehicle in egypt and kidnapped. the gunmen announcing their demands. we'll take you live to cairo with details. a teenager in indiana now stuck in mexico. an immigration technicality could keep her stranded there for the next three years. her name is elizabeth olivas expected to graduate on saturday. she'll talk toss live this morning. is it time to cut ties with the tie? why the billionaire business mogul says let's go casual. it's thursday, may 31st. "starting point" begins right now. all right. let's get to the breaking news that we're following from egypt this morning. u.s. embassy officials are trying to secure the release of two american tourists kidnapped at gunpoint. the alleged kidnappers demand the release of a fellow tribesman. that particular tribesman was arrested for possessing a large amount of marijuana. here's ben wedeman reporting from cairo. >> reporter: armed gunman kidnapped two american tourists in the southern peninsula. according to egyptian officials and local officials and representatives of egyptian intelligence are in direct contact with kidnappers. they say they want the release of one of the tribe members arrested with a large amount of marijuana to be released in exchange for release of the two american tourists. the u.s. embassy in cairo say they are in constant and direct contact with egyptian officials to resolve this situation as quickly as possible. the peninsula has been an area where law and order, security and stability have largely deteriorated since the overthrow of hosni mubarak in february 2011. an area where there is little love lost between the egyptian state and the local inhabitants and often times that dispute is played out at the expense of foreign tourists. i'm ben wedeman, cnn, reporting from cairo. >> let's turn to christine romans for an update on the rest of the top stories this morning. >> good morning to you. six people are dead including the gunman in a shooting spree that started at a popular coffee house in seattle. authorities still don't know what triggered this rampage. seattle has long been considered one of america's safest big cities but it's been plagued by a recent wave of gun violence. the city recorded 20 homicide in all of 2011 but so far this year they've had 19. dragon capsule heading home from space. the unmanned spacecraft left its parking spotty international space station this morning. it will soon splash down into the pacific ocean expected to happen before noon eastern time. the companies that built and set up trailers used following hurricane katrina, they agreed to a nearly $43 million settlement with people who say they were sickened by formaldehyde in those units. the proposed settlements with sent to a federal judge in new orleans. 60,000 people should be eligible for a share of the settlement. 114,000 fema trailers were set up after katrina and more trailers were deployed following hurricane rita, which struck a month later. the white house changing strategy this morning dropping the bain capital attacks to target mitt romney's record as governor of massachusetts. the president's senior strategist david axelrod scheduling a news conference at the state house in boston joined by massachusetts officials who served with romney and this just released campaign video offers a preview of what we can expect. >> people want to know what i stand for, they can look at my record as governor. >> mitt romney was not an effective leader in massachusetts and the proof is in the pudding. >> i worked only under republican governors and worked well with all of the others. there was not much working with mitt romney. >> the white house plans to make the case that romney economics resulted in slower job creation, more debt, and bigger government. mitt romney's latest gaffe is internet gold. his campaign introduced a new iphone app with a misspelling. it says a better amercia. the app encourages romney supporters to post photos of themselves with the slogan. hilarious page has been created called amercia is with mitt. the romney campaign said they submitted a correction. the page on gun rights says as president mitt will work to expand and enhance access and opportunity for americans to hunt, shoot and protect their families. >> it will be a long campaign. >> yes. i'll predict it's only the beginning. thank you, christine. elizabeth olivas missed her senior prom and days away from missing her graduation where she was set to give the salutatorian speech. she's stuck in mexico 1,500 miles from her home. she lived in indiana since she was 4 years old. she never became a u.s. citizen. the law required she returned to mexico within 180 days of her 18th birthday to get her visa or green card but due to a calculation error caused by leap year, she was one day late returning so now she's barred from returning to the united states for three years unless she's able to get a waiver. a glimmer of home this morning. an appointment in less than two hours at the u.s. consulate where she'll file that waiver application. elizabeth joins us by phone from mexico. her attorney is with us as well this morning. nice to have both of you. elizabeth, lets start with you, you are going to file that application today. is it at all feasible that potentially you could be back in the united states in time to give the salutatorian address at your graduation on saturday? >> good morning. that's what i'm most hoping for. >> you hope that's possible and i wonder if that's possible at all. you were brought to the united states as a small child. how old are you before you realized that you didn't have documents? >> you start to realize once you get into middle school age when everybody starts talking about college and you start seeing different opportunity that you have. >> so did your parents have a conversation with you and everyone starts talking about college saying this may not be an option for you because you actually weren't born in the united states and you don't have papers to stay here? >> right. we had been fighting this case for a long time now. because of different errors and different attorneys, we are where we are today but i knew for a long time but it's something you try to keep your hopes up and hope that one day you'll get it. >> i know your dad became a naturalized citizen in 2004. the law said in order to become a permanent resident you have to go to mexico and apply at 180 days. you are trying to cut it really obviously very, very close and instead it turned out to be 181 days, how did you miss the deadline? >> that's correct. we used a legal calculator upon which many attorneys rely and in fact we had previously calculated that the date was april 19th and that calculator corrected us and said april 17th, which is the date elizabeth left the united states. >> so then you turned out that you were off one day. how did you figure out in fact that elizabeth who thought they was going to go do paperwork and be able to come back to the united states instead was going to be stuck and stuck in mexico maybe for three years. >> at her appointment at the consulate on may 4th, they informed her that it was the 181st day and then elizabeth notified me and i spent the following weeks fighting that. i requested an advisory opinion and they came back on may 11th saying, no, they were sticking to it. it was 181 days. >> how likely do you think it is when she goes to the consulate this morning that they'll give her equivalent of a humanitarian visa to come back into the country by saturday when she would graduate. >> it's not a humanitarian visa. we did apply for humanitarian parole but that was independent of this waiver application. regarding the waiver application she'll file today, i'm extremely hopeful. i have told elizabeth all along i won't stop fighting. i'm remaining very, very positive for her. >> so elizabeth, while you're there, what are you doing? you are still a student. you still have classes ongoing. are you studying? are you continuing to work with your classmates in some way? >> in some way that's right. i currently live -- i was living with my grandparents. i have both my mom's side of the family here and my dad's mom and dad here so i've been going from house to house spending time with them. luckily in the rush of the day i thought i was supposed to leave, i bought my laptop with me and that's helped me getting to the school website and doing all of my homework and i also brought a journal and another book that i had to do because i knew what i had to take because i talked to my teachers before i left so i've been doing everything online so my dad came to visit me for the first appointment that we have, first interview, i asked him to take the homework i finished so they could see at school that i've been working on my homework. >> elizabeth, we wish you the best of luck. 3.967 gpa at school. also i hope you keep us up to speed on what happens not only with this particular waiver application but also in general with this case. we appreciate that. thank you for talking to us. >> i will. thank you so much. still ahead this morning on "starting point," development in the case of those two americans kidnapped in egypt. word may be that there is an agreement to release them. we'll take you live to cairo up next. great shot. how did the nba become the hottest league on the planet? 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[ reza ] it's so much food for such a good value. i'm reza, culinary manager. and i sea food differently. where they grow america's favorite i'm wpotatoes. idaho,nager. everyone knows idaho potatoes taste great. but did you know they're good for you too? they're high in vitamins and potassium. and idaho potatoes are now certified to carry the heart checkmark from the american heart association for foods low in saturated fat and cholesterol. so they're good for my family, and for yours. heart smart idaho potatoes. always look for the grown in idaho seal. welcome back, everybody. two americans trapped in egypt. they were taken at gun point in the town of dahab in the sinai peninsula. let's get to ben wedeman live in cairo this morning. what are you hearing? >> reporter: yes, what we're hearing from a senior official in the southern sinai government where this kidnapping took place is after intensive negotiations between intelligence officers, local officials and kidnappers that an agreement has been reached for the release of the hostages and they will be released shortly. this comes after the u.s. embassy has become involved and u.s. embassy has been in close touch with egyptian officials and with the family of the two americans who were kidnapped so it does appear at this point that this problem is on the way to resolution. we don't, however, know exactly when the two americans released by the kidnappers. >> any details about where they were held or details about the hostages themselves. this was kept quiet as they frantically tried to do this negotiation. >> reporter: we understand they are two americans in their young 30s. the u.s. embassy here for privacy reasons does not want to reveal their names, their identities. what's interesting is that one of the local newspapers, the biggest newspaper in cairo in fact, published their passport numbers which is something the u.s. embassy does not like. we know that the kidnappers tell us are treating the hostages well and in fact being very friendly with them is the exact expression we were given. they do seem to be in good shape. they have not been harmed. and as i said, hopefully they will be released soon. >> very good news there. ben wedeman for us this morning. thank you. ahead on "starting point," a learning academy with 6 million students all online. is the future of education entirely in front of a computer? >> this is a great story. >> i love it. >> plus the secret charles manson tapes. police getting tapes on eight hours of recordings. could they reveal more murders committed by manson? you're watching "starting point." we're back after this short break. 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[ male announcer ] get 1-2-3 percent cash back. apply online or at a bank of america near you. ♪ [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering. you might not recognize his face but his voice is known by countless students. the academy was founded several years ago. he has a knack for breaking down and explaining tough topics. now students view the videos each month and he's changing the way kids are taught. he'll speak at the all things digital tech conference taking place in california today. it's so nice to see you. thank you for being with us. you're a hedge funder who decided to quit the job and head into education. why do you think khan academy has been so successful? >> it's a combination of it's digestible. you go there. videos are in ten-minute chunks but comprehensive. go to the site and i can start over here and there's basic arithmetic but in college there's stuff on financial crisis and history and current events and on top of that, you know, i started making these for my cousin so it has a feel that you are talking to a family member and it has a very human feel and people really like that kind of conversational tone to it. >> when you listed the first two things, you were being modest. people say the success is you. your tone. you're an amazing teacher. i want to play a clip of one of the lessons and we'll talk on other side of it. >> this is the exact same equation. this is the exact same equation. we can see that we can take this equation and it can apply to things in economics. economics. or it can apply to things in finance or it -- >> one thing do you is talk about scaling. how do you move from model being you in khan academy and make that something that's bigger, even more transformative than you have in the three years you've been doing this? >> once we became a real organization, we set up as a not for profit about three or four years ago and we got some significant funding. we started ramping up the team. we're now 32 people. most of the teams are software engineers. we got our start with videos and that's what people are using, we have an interactive platform. so for us the scale is we're at 6 million users. we think that could go to 10, 20, who knows how many million and in terms of video content translating into 12 languages as we speak. we are looking for other faculty members so we can cover all different subjects. >> one of the things i love is you told a story about this isn't just assessable for kids. adults can go to your site and in seven minutes get a briefing on credit default swaps. you said someone unanimously e-mailed you from lehman brothers says your explanation was insightful to him about the financial tools that banks were using. >> yes. i didn't say it was from lehman brothers. it was from a bank someone wrote me saying thank you so much for that video on mortgage backed securities. i now know what i do for a living. >> i am a skeptic of this very much so. >> what? >> i'm an educational expert. a researcher. i do. i do teach at the leading college if the world. two concerns i have is one about engagement. a big part of the learning process isn't just about teaching but students engaging ideas and there's no space in this format to engage. and diversity of opinion. i would hate for will cain to explain the economic meltdown like he would say poor people caused it. if that's the video i get, that's my take on the world. how do you think about engagement and challenging ideas and engage in the learning process differently? >> i think those are both super important points. what's neat that's going on is we might super charge both of those things. there are ways if you have 6 million students in a place, you can pair them up and that's a feature we're working on so if students have question, there are tutors on the cloud to help them for free and not for profit. you complement khan academy with a physical experience. the core academics happens virtually so when you go to class it's not that we sit at rows in desks and watch a teacher give a lecture. it's peer to peer tutoring and steps up interactivity and in terms of voices, that's where online wins. if we're in history class or economics class, 30 people in the room, the one professor might say the right thing or wrong thing and there's no one in the room to have a check on that. when i put a video out there, within the next day thousands of people watch it. if there's a mistake, people are very quick to point it out. some of those people are professor, academic, professionals in the field. we have a robust editorial body. >> that's the answer. how do you guard yourself against people like will cain giving you information you don't want. you have multiple voices. the question becomes how do we encourage more people to do this? i know venture capitalist are putting a ton of money into trying to answer that question. >> interesting to see. you are giving your speech this morning and looking to do a real bricks and mortar khan academy. we wish you luck on that. thank you so much. appreciate your time. still ahead this morning on "starting point," a delicate but important subject dealing with ageing parents. "time" magazine's joe klein wrote the cover story based on his own experience with his parents. he'll join us. is it time to cut ties with your tie? we'll tell you why richard branson wants men everywhere to lose them. >> a long time ago, richard. >> kill cain's playlist. 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[ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ welcome back, everybody. joe klein is coming up as our next guest and autographing margaret's book for her. first a look at the day's headlines. >> government forces shelling the town of hula in syria site of last week's massacre that killed a hundred, most of them children. the syrian government s are not will happen if bashar al assad ignores that ultimatum. will we see a verdict in the john edwards trial today? jurors begin day nine of deliberation this is morning. the judge decided to send four alternate jurors home. they got attention for matching t-shirts. edwards faces up to 30 years behind bars for allegedly using nearly a million dollars in illegal campaign donations to cover up an extramarital affair. newly discovered audio recordings of charles manson's right-hand man could help police solve cold case murders. they are going to get their hands on eight hours of conversations from 1969. a judge ruled to give them the tapes originally off limits because of attorney/client privilege. police believe the recordings capture watson talking about unknown murders the manson family committed. manson is serving a life sentence for seven murders. an illinois lawmaker loses it on the floor. the shocking video goes viral. he flipped out after democrats pushed a last minute bill to reform the state's pension system. >> not the american way. these damn bills that come out here all the damn time. come out here at the last second. i got to try to figure out how to vote for my people. you should be ashamed of yourself. i'm sick of it. every year we give power to one person. enough. >> he tied to drop the mike but it was attached to the podium. 383,000 unemployment claims were filed for the first time last week. that's more than expected and the previous week was revised up as well below the 400,000 level that shows an improving labor market. is it time to say good-bye to wearing ties? multibillionaire and virgin ceo richard branson says yes. he's made it his life-long mission to stop people from wearing ties going so far as to carry scissors in his pockets to cut their ties off. he says they serve no useful purpose. he says being comfortable and confidence in what you are wearing helps people come up with more innovative and original thoughts. it's a little thing but it can make all of the difference. >> i like a man in a tie. got to tell you. i'm not responsible for the shots that we take. >> richard branson and are on the same page. nothing about a fancy cloth makes your thoughts more formal or you a better worker. it was designed at a time to show that you could afford a piece of fancy cloth. >> i like that, will. >> let's turn to what is really a challenging topic. as i was reading joe klein's cover story, i saw the story of my parents unfold the same way. the question is figuring out how do you care for an elderly parent who is dying and clearly tough for any kid but joe klein tells his personal story in "time" magazine, the tough road that he faced as he managed for his parents in the final months of their lives and the solution he found that made the process easier. i think your story is just -- i felt, yep that happened to us. so many will read this cover story in "time" and say this is the story of my elderly parents starting to fall apart and me having to now take care of them. how hard was it to write this? >> this is the way one grieves. only a geek like me could find policy implications of his parents' death. in a way, i don't know what it was like for you, but going through cartons full of memorabilia and thinking through their past and seeing pictures of my mom and dad when they were young and finding that my mom when she was 17 years old looked exactly like my daughter. it was just the perfect way to end a difficult process. >> can i just ask this question? i took this away from your piece. i've said it, my parents have said it to me, i don't want to be a vegetable. pull a plug on me. as though there is a bright line or a point at which that decision becomes obvious. that wasn't the case for you. >> it should have been obvious. i made the wrong decision. i was out in iowa on one of my road trips. i was in senator chuck grassley's kitchen from mom's doctor saying she's got anymo pneumonia and she's not eating and you'll lose her if you pdont put in a feeding tube. i didn't want to lose her overnight. i wanted my brother in asia to have an opportunity to be there as well. and so we put in the feeding tube even though i later learned she had another month to live without it. >> you had a struggle moving your parents into this assisted living facility. there is this model where policy comes into play. it's a model that you love. i think more than like it. you really think it gave your parents dignity and assistance that they needed. describe the model for us. >> it's like mayo clinic where it takes care of 2.6 million people in central pennsylvania in 44 counties. the big difference is that they pay doctors by salaries plus performance bonuses. most doctors are paid fee for service. according to the procedures that they do and tests they run and so on. so when i moved my parents from traditional fee for service medicine into a nursing home that used the doctors and nurses, all of a sudden three big things started happening. one, people stopped sticking needles in my parents and doing things to them. number two, the care became coordinated. >> case manager. which is really a critical thing when parents are sick. >> rather than having a bunch of doctors all doing separate things sometimes conflicting things, you had one person in charge. and the third thing was -- this is most important to me -- they started talking to me as if i were an adult. they started in a calm, humane, decent way, they told me the truth about the choices that i faced with my parents. >> what's the pushback on that system? many doctors say that they don't like it. >> the pushback is that first of all doctors are like high priests. my wife comes from a family of doctors all of the way out to second cousins. we know about this. they want to make every last decision. what they have done brilliantly is to use electronic records over the course of the last 15 years to figure out what actually works and what doesn't. your performance bonus depends on how closely you adhere to the processes that they found actually work. doctors don't like to have that hanging over them. they also don't like to not do things because they are afraid of malpractice suits. and finally, they get rewarded for doing the extra x-ray or extra mri or blood test and what they found is when they started this case manager system, which is essentially having a nurse and added a layer of bureaucracy and it's having a nurse call the elderly person or visit them three or four times a week which as you know elderly people like to talk about their health a lot. and when you do that, all of a sudden visits to the hospital decline 20%, revisits to the hospital decline 36%. and it cost 7% less. so if we were able to institute this kind of system having salary doctors rather than fee for service doctors in medicare, we could save an awful lot of money. >> i think this cover story is really a combination of sort of compassion 101 in dealing with a terrible time in your life as the son and in the parents' life as people are afraid and confused and then also the policy around how we could solve a major problem in this country which is the spiraling cost of health care. >> right. it doesn't get rid of all of the difficult stuff. my dad thought that old age was a reversible condition. i had to take away his driver's license and then i had to hide his car keys and then i had to explain to him four different times why he was going into the nursing home and there he started his own private occupy the elevator movement trying to get out. but in the end, you know, he had -- he was a difficult guy. and we had some really fine moments at the end and he died with dignity and when you're a human death panel as i was for five months, that's the best you could ask. they go peacefully, quietly and serenely. >> it's a cover story in "time" magazine beautifully written and you learn a lot about policy of health care and model that might be a good solution. nice to have you. thanks for talking with us. still ahead on "starting point," a supersized smackdown. new york city's mayor trying to ban sugary drinks. the controversy talking about it up next. you're watching "starting point." welcome back. we start with breaking news. two american tourist kidnapped in egypt have now been released. they were abducted in the sinai town of dahab. the kidnappers demand the release of an egyptian man who had been arrested on drug charges. they have now been released. they are not hostages anymore. we'll give you more information as it comes to us. turning to a big controversy that's brewing here in new york. the mayor of new york city wants to ban the sale of large sodas and other sugary drinks at all city restaurants, movie theaters, ball parks and among other places. alina cho on the story for us this morning. good morning. we were debating this in the makeup room this morning. nanny state? >> nanny bloomberg is what critics say. remember, soledad, this isn't the first time that mayor bloomberg has been out front on the issue of health and fighting obesity. bloomberg has championed the ban on smoking in restaurants and then later a ban on artificial trans fats and now he wants to ban sodas larger than 16 ounces. this is 20 ounces. this could be banned under the new rule. ban them from being sold at new york city restaurants, food carts, and any other establishment that receives a letter grade for food service in the city. new yorkers are familiar with that. here's a good argument for it. watch. did you get a good look at that? a man drinking a tall glass of fat. drinking one can of soda a day can make you ten pounds fatter a year. don't drink yourself fat is what it says. the ban does not affect diet sodas, fruit juices, dairy based drinks or alcoholic beverages and it would not apply to grocery or convenience stores. if you are boiling it down, it appears that the ban will affect mostly places where you can actually order food. the idea is eat your calories and don't drink them. in new york city alone, i found this really interesting. more than half of adults are considered obese or overweight even with all of the walking we do and what's more interesting is the city has done research and done studies and found that higher obesity rates are more common in neighborhoods where soda consumption is high. the board of health by the way will vote on this measure in june. it will get a nod because members of the board are appointed by the mayor and this ban could take effect as early as next march. >> i wonder if there will be a cry about this as there was over the smoking ban and the tra trans fat ban. >> there was huge -- critics came out of the woodwork when the smoking ban was first instituted and now it's sort of a way of life. listen, if the study shows -- we disagree on this. you know i love you but we disagree on this. >> i worry when it starts with you know i love you, girl, but -- >> if the studies show alcohol leads to liver disease, should we prohibit alcohol? >> is this a slippery slope? >> we're already there at the bottom. this is ridiculous. >> look at the smoking ban in new york city. smoking has gone down. appreciably. it's something to take. >> i like the calorie count on the menus. >> i do too. i like to know how much i take it in before i take it. i still want to eat it. >> here's information about what you're going to consume to you cannot consume this. >> you can consume it. you can buy as many of these as you want. and the interesting thing is that the mayor by the way is going to hold a news conference at noon with the health commissioner. he's going to explain himself a little bit further. a lot of people earlier were talking about coffee drinks with coffee drinks being banned? what we're getting is the proposal will limit the sales of large coffee drinks with excessive sugar if the drink is composed of less than 50% milk. refills will be allowed. >> who is going to regulate this? who is going to measure your coffee? >> according to the city, definition is 25 calories per eight fluid ounces containing less than 51% or milk. i didn't write the rules. >> they are able to say places where you sell food and places you order food can regulate it fine. all they have to do is say no 32 ounce slurpy size things. you can buy ten of them if you want. >> they're going to sell you two small ones. >> it's one of the rules of nutrition. eat your calories. don't drink them. >> i think -- i get the obesity problem is huge. >> you know i love you -- >> i am terrified to say this out loud, i agree with will cain on this. >> i think we all do. >> here's why. this is not the approach to solving the obesity problem. it really is not. >> this is what we were talking about in the makeup room. i think it's just one step toward that goal. i think it could help. >> i don't think the government has a right to tell me what i can eat. >> you can buy as many of these as you want. >> i can by two eight ounce cups but not 16. >> the point is when you order food, more likely than not you'll order one. you're not going to do that it's only a little bit more expensive and buy the bigger one. you'll only order one and therefore you will cut calories. >> on the bright side we'll all be skinny. >> what's wrong with that? >> you're not going to be skinny with this policy. appreciate it. still ahead on "starting point," even if you just gulped down one of those big sugary drinks, may want to get off the treadmill. a new study out that says exercise is bad for some people. here's arcade fire off margaret's playlist. you're watching "starting point." [ female announcer ] introducing coffee-mate natural bliss. made with only milk... cream... a touch of sugar... and pure natural flavors. coffee-mate natural bliss. from nestle. add your flavor naturally. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ is as much about getting there... ♪ ...as it is being there. ♪ [ birds chirping ] away is where the days are packed with wonder... ♪ [ wind whistles ] ...and the evenings are filled with familiar comforts. find your away. for a dealer and the rv that's right for you, visit gorving.com. they finish just 2-8 last season but the alcorn state football team is making history. the first nonblack football coach. he says i don't see black or white. we're purple and gold. >> remember the youtube hit david after dentist. the latest anesthesia aftermath courtesy of matt. >> i feel dizzy. why do i feel dizzy? >> he asked about the orange thing on his arm. turned out it was a cast. >> cute. all right. let's talk a little bit about something else since we're on the medical kick this morning, turns out exercise could be bad for some people. a well known group of researchers including one who just finished pinning a paper that promotes exercise for everybody say in fact after looking at six studies that they analyzed, 10% of the people in those studies got worse after exercise. 10%. that means that exercise might actually be bad for some people. >> i think i'm 10%. i do. >> the lead author of the paper says it is bizarre which is never a good thing when lead author says that. they did feel like people applauded their studies being well done. 90% did better and they want to remind everybody, 90% did better. there are 10% of people in the study who actually did not do as well. >> the person did not do as well in one risk measurement related to heart disease. >> your measure is blood insulin levels and cholesterol and high blood pressure. an important measurement correlated with exercise. >> it's possible that long-term they don't have a heart attack. >> they did unanimoanalysis of . >> i say i don't want people to infer that even though they are among 10% they are more likely to get a heart attack. that will be everyone's excuse. >> i don't think anybody listens to a think that says 10%. >> isn't that human nature. i might have an excuse not to exami exercise. have your doctor check out your health and make sure you're not 10%. >> did you do that, did you see your doctor? no. i need to get on the treadmill. i'll start monday. >> you want to make sure you're not going to damage yourself. >> they don't even do that. they just need to start moving. they're too busy in the debate process. move. sit down the 20 ounce coke and don't wait for the government to take it away from you and we'll be good. >> i agree again today. >> this is getting scary. there's a phenomenon among american people when there's a study that lets them off the hook, they go for it. >> do you have evidence of that, professor? >> yes. yes. when i talk to people, everyone thinks they have adhd why they can't get work done and 10% will die from exercise. >> this is what students are telling you. >> exactly. >> i don't believe it. all right. end point up next. we're back in a moment. oh, we call it the bundler. let's say you need home and auto insurance. you give us your information once, online... 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