yard line for this game, because they split the -- the stadium right down the middle, and you have fans, they're jostling, going right each other on the 50 yard line. you want to be away from that a little bit, you know? that's firsthand knowledge. by the way, try the fried barbecue peanut butter and jelly sandwiches next time. >> oh, i will pass on that! >> no wonder he has so much energy this morning. >> carlos diaz, thank you very much. >> that'll do it for us today. thank you so much for being here. >> stay right here. "newsroom" continues with miguel marquez. miguel, how are you? >> very good. how are you? >> very well. >> i'm mariguel in for fredrick. day 12 in the shutdown. on the capitol hill, the house shifted from the house to the senate back to the house. we're live straight ahead. a third new york city police officer is now being investigated in connection with the motorcycle road rage incident that ended with a violent attack of an suv driver. and you won't believe which

department he works for. plus, it's on track to become the strongest storm the region has ever seen. a monster cyclone is taking aim at india's eastern coast, and it's expected to hit in about an hour. a lot happening on capitol hill right now. the senate just convened. the house started at 9:30 in the hopes of ending the government shutdown and prevent a possible debt default. but nothing is expected to happen today, because house members are planning to go back to their districts, though the gop leadership will remain in town. but there's not much time left. october 17th is next week. that's when we hit the debt ceiling. and the government will run out of money to pay its own bills. athena jones is live on capitol hill for us. athena, the talking points seem

to -- seem the same. it looked like they were making progress, but that doesn't seem to be the case anymore. what's going on? >> reporter: hi, miguel. well, it doesn't look like it's the case right now in terms of legislative progress. actual votes on the floor of the house or the senate that will actually move us closer to solving this whole deal. we spoke a few days ago how the rhetoric had been toned down. not so much anymore. the house republicans just finished their conference meeting, and there was a lot of anger from that group that president obama rejected their proposal to raise the debt limit until the 22nd, in exchange of talking about how to reopen the government and other budgetary issues. let's play a clip from darrell issa about this. >> -- the president freezing out america, and we'll do everything we can to make the point we went to negotiate and he took no offer. >> is there a worry you guys being flanked, the senate will pass their own bill, their own

agreement with the white house -- >> the president didn't accept the offer that was from the senate, which also was for real reform. it doesn't appear as though the president wants anything except more tax revenue, tax increases yet again. >> so that's just one example of what some of the republicans were saying coming out of this meeting. it shows that the foclcus is increasingly on the senate proposal presented to president obama yesterday from senate republicans. he did not commit to that deal either. but that clearly seems to be where the white house is focused, because at least that deal does two things the president wants -- it both reopens the government and raises the debt ceiling. that's what's going on right now. of course, the bill isn't coming to the floor. we don't know how democrats might change it. and we don't know what it's -- it's gotten complicated and it's not clear right now when it will resolved. >> certainly it seems like the stakes have been raised yet

again. thank you very much, athena jones. >> reporter: thank you. as lawmakers try to resolve the differences and come to an agreement, susan collins has presented a 23-page plan to the president, but the president has not endorsed it. it would extend government funding for six months with sequester-level spending cuts in place. repeal the tax on medical devices and raise the debt ceiling. senior white house correspondent brianna keilar is live from the white house. brianna, will this fly? i don't think now the house is -- what are you hearing? >> reporter: obviously, what was proposed in the house of representatives isn't flying with the white house, this idea of just a six-week extension of the debt ceiling without reopening the government. extending the debt ceiling really only until right before thanksgiving, so that you have this battle really it would look very similar to what we've gone through all over again in six weeks, just before the holidays. not going to fly. this idea of the senate plan is more in line with what, miguel,

the president wants. he has said he's open to a short term, but longer is better. when you're looking at the senate deal, i think some of the things the white house would look favorably upon. funding the government for six months. and also the extension of the debt limit into next year, into january of 2014. you know, this is something that is certainly key, i think, because it allows a little more time. and that's what the white house has said that they -- that they have wanted. >> yeah, i mean, darrell issa just said that the -- the white house has rejected that senate plan. but that is not what you're hearing right now? >> reporter: no, at this point, i think in terms of the senate plan -- specifically the senate plan -- what i will say is i think this is a messy process. so certainly keep that in mind. but i would say the white house is now looking towards the

senate, and the sort of senate proposal is a better vehicle for moving something forward. i think they're actually relying very much now on the senate, and actually are not too worried that house republicans are going home. ultimately, the white house think that they kind of have more of the cards here, because you have the schism among republicans in the house, and quite frankly, you have senate republicans who are getting pretty fed-up with the house of representatives. they feel that this whole fight is damaging their brand. m polls reflect that. they wasn't to move things along. they want to have the budget air fight, but they don't want them-up in the government shutdown and on the debt ceiling. so i think the white house knows that, keeping the pressure on the republicans. you're starting to see some movement where senate republicans are signing on to put forward an agreement. >> and all pressure, all eyes on john boehner. messy process may be the understatement of the week, brianna keilar at the white house. thank you very much.

she's been standing out there in new york harbor for 12 lonely days without any visitors. now the statue of liberty and other federal landmarks will be reopening, at least some of them. the state of new york says it's losing too many tourist dollars because of the shutdown. it will pay the national park service $61,000 a day to operate liberty island. arizona has struck a similar deal with the federal government to reopen the grand canyon. it'll pay the national parks service more than $650,000 to operate the park for at least a week. in less than an hour, a monster cyclone is expected to slam into india, and already it's been being blamed for seven deaths. tropical cyclone phailin is packing winds of 140 miles an hour, and it's offshore of the india state of odisha. 440,000 people have been evacuated. phailin is expected to bring a storm surge of 23 feet and forecasters are comparing the size of the storm to hurricane

katrina. authorities in new mexico are looking for the director of a ranch for troubled kids. scott chandler's wheres about remain unclear along with eight teenagers who plid say were abducted from the ranch. a 19th has returned home and is okay. chandler's lawyer says all of the teens are safe, but an amber alert remains in effect. a top general in charge of nuclear ballistic missiles has been filed. michael carey has been removed from his command due to a loss of trust in his leadership. the air force says the firing is not related to the security of the country's nuclear weapons. also this week, the deputy chief at u.s. strategic command was demoted, reportedly over gambling allegations. president obama had a very special guest at the white house, and he invited his two daughters to the meeting. a grand jury indicts three men accused of attacking a father as his wife and children

watched. plus, what about the police officers who were in that motorcycle gang? howdy partner. you're not linda. i'm filling in for officer owens. she used double miles from her capital one venture card to take an early vacation. buckle up. let's go do cop stuff. [ siren chirps ] license and venture card, ma'am. was i going too fast? oh, you'd be going twice as fast if you had double miles. [ male announcer ] get away fast with unlimited double miles from the capital one venture card. freeze! don't touch the face! can i drive? absolutely not. what's in your wallet? [ sneezes ] [ male announcer ] you may be an allergy muddler. try zyrtec® for powerful allergy relief. and zyrtec® is different than claritin® because it starts working faster on the first day you take it. zyrtec®. love the air. [ sneezes ] congestion, for the smog.

but there are a lot of people that do ride the bus. and now that the buses are running on natural gas, they don't throw out as much pollution into the air. so i feel good. i feel like i'm doing my part to help out the environment.

president obama and first lady welcomed a special guest to the white house. they met with malala yesterday. their daughter malia was there, too. she was shot by the taliban for saying girls have as much right for being in the same classroom as boys. she did not let that silence her. president obama said malala is helping the dreams of girls around the world come true by speaking out so courageously. hundreds of thousands of employees of parks are feeling them irpackets, and for veterans and widows who have given so much, the clock is ticking. >> the shutdown directly threatens t s the v.a.'s abilit fight backlog. roughly 1,400 veterans are not receiving decisions on their compensation claims. if the shutdown does not end in the coming day, the v.a. will not be able to assure 1 november checks to more than 5.18 million

beneficiaries, and that accounts for about $6.25 billion in payments that people are expecting. >> so let's talk about it. will cain is a columnist for the blaze, and peter finn is democratic strategist in washington. guys, this morning, the house gop leadership said the president would rather do business with the senate, and has rejected -- and that he's rejected the latest proposal. will. you've seen what the gop is doing now. they're going home, basically, for the weekend. is this sort of raising the -- trying to raise the pressure on the president to come around to their side? >> well, i think -- i think you've said this, and we all heard you earlier, talking about the stakes have been raised. the pressure has been raised, but not on the president. here's what's happened. the polls released later -- earlier this week at the end of the week shows republicans are doing very poorly with the public over this government shutdown. so president obama -- obama

looked at the situation. he says to himself, when your opponent is drowning, do you throw them a life jacket or an anvil? clearly, he's thrown them an anvil. they made a proposal to get beyond the shutdown, that didn't talk about bottom care -- obama care, and talking about the house republicans, and -- now we have a government shutdown where both sides are seeking an affirmative request. are both sides seeking concessions? and that's a reality we have to address. most people are blaming this all on the republicans. hostage-taking. they want affirmative demands. we have to be honest here. the president has demands because he is winning politically, winning in the polls. hey, i'm going to get something out of this. >> yeah. it seems that he is certainly on the upside of this. peter, all eyes, all pressure on john boehner. will he crack? will he allow a vote at some point and allow republicans to cast a vote? >> i think he has to. here's what's going to happen here.

the senate -- the reasonable, responsible republicans in the united states senate are now taking the ball on this. the crazy caucus in the house, the tea party folks, their influence has waned greatly. both because of substance, and as will says, because of the politics. the problem with what boehner put forth -- will doesn't quite have it right here. it was six weeks, till the 22nd of november. and it was a very short window. and it was only the government shutdown. it was not the government shutdown part, it was only the debt ceiling part. so the government would continue to be shut down. as you just heard, that is costing us dearly. and not only $300 million a day, but really costing us. the american people get this. so what i think is going to happen is i think you're going to have continued negotiations, hopefully quickly, to both open the government and take care of the debt limit for six months.

then, we can have a realistic dialogue. you know, having this crisis-by-crisis situation, and on november 22nd, before the christmas holidays and all of the spending, would devastate this economy. so the president has it right. the reasonable republicans in the senate have it right. and i think the -- boehner and the house is going to be forced to go along. >> will, there's a great little bit, i think, in the "washington post," about boehner and gop leadership, you know, sitting there, chinese food, cigarettes all night, trying to figure out what the next move is. how much pressure is the speaker feeling today? >> i think the speaker has taken a very untenable situation. he's had a situation where there's a hard, identifiable, achievable goal to put in place. and go about accomplishing that. and now he has the president making affirmative demands. the truth is, miguel, i don't think the pressure is on john boehner right now. you have, i guess, a senate plan, that apparently the president is shining a lit more -- showing a little more pleasure toward, but i'm not

sure the senate plan could get the approval of senate republicans, much less house republicans. you know, right now, the president has said, "john boehner, you're done, i'm not talking to the house, you guys are out." if we're talking to the senate, let's see, can you get this passed with the senate? >> you'll have to talk. you'll have to talk to the house at the end of the day, right? will, there's no question -- >> the president has said he's not. >> no, no, no, no. but here's the problem. this has become a boomerang. an ideological boomerang, which is what bill mcintire called it, when he said this was toxic for the republicans. so what's going to happen, i think, is that boehner is going to have to say to his -- what i would call the crazy caucus -- "guys, we don't have the votes, we don't have it." he'll be pressured by republicans within his own caucus to have a vote, to reach an agreement, to stop the shutdown and raise the debt limit. >> guys, amazing conversation. amazing conversation. incredible stakes in this thing, it's very difficult to see where it goes right now. but we'll come back at you for more a little later.

thank you very much. >> thank you. one of the key players in the government shutdown will join us -- join our candy crowley on the "state of the union" sunday morning. rand paul is the guest this morning on state of the union. some workers won't be getting paid soon thanks to the government shutdown. but one waitress had a tip for some furloughed soldiers, and a lot of people are saluting her for what she did. [ male announcer ] if you can clear a crowd but not your nasal congestion, you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter.

breaking news out of washington. the house democratic leadership is speaking right now.

jim cliburn out of south carolina is addressing people, and they are making their voices heard given the gop's move to go home. >> -- the alternatives that the american people have made very clear they would like to see brought into play. this is what happens in the governmental process when we stymie opposition, when we cut off debate, and when we continue to teeter on disaster by manufactured crises. it is time for us to reopen the government, let people go back to work, and have the american people once again put at ease. and with that, i'd like to yield to our chair, mr. becerra.

>> i thank mr. clyburn. it's incredible what we're watching, the last few minutes. house democrats took to the floor and asked for unanimous consent to see if our colleagues would allow us, without objecting, to put on the floor a measure that would allow us to reopen the government. and even the request -- just to ask to have this measure put on the floor -- was shut down. and so, i think the message is very clear on the part of the representatives of so many of the millions of americans who don't understand why they can't go to work, why we can't let our economy move forward, we're simply saying let america work. let america's representatives vote to put americans back to work. let our government reopen. that's the simple message. we're here to demand that, and we won't stop until we are

allowed to let america work. with that, let me yield to the vice-chairman of the democratic caucus joe crowley. >> that's javier besarah, laying out the democratic effort to lay out a vote in the house. the talk continues in washington. but at this point, the gop is saying that they are going home for the week -- for the weekend. at least the members are. the leadership will stay and talk. but it doesn't look like there will be any vote anytime soon in washington. hard times can bring out the best in people. sarah hoydale knows how hard it can be to make ends meet. she's a waitress and single mom. she heard two national guard menus discussing the menu and how they won't be paid. she picked up their tab. and also left a note thanking them for their service. the politically vocal ceo of starbucks has a message for washington. get the government moving again. but howard schultz isn't the one

doing the talking. instead, he's offering americans a platform to voice the frustrations by signing a petition. nick valencia is at a starbucks now in atlanta. so, nick, how many signatures do they have? and when does it go to the white house, or the senate, or the house, or where does it go? >> reporter: miguel, they're doing pretty well so far. this petition started yesterday. already more than 1 million signatures collected so far here at this ansley mall, this starbucks, 120 million people signing the tenets here, they want the government to reopen, a bipartisan agreement, and they want an answer to this financial crisis. they're worried we'll go into another one. one of the customers we talked to earlier this morning, larry mineau, you signed the petition earlier. what do you think about it? come on in here. do you think it will make a difference? the opinions of the politicians in washington? >> i signed the petition myself. i think the starbucks

corporation shows a lot of good corporate initiative. now, as to whether or not it will do any good, i hope it will. i doubt that it will, because i think, unfortunately, the republican party has essentially dug its -- dug a hole in the ground and is having difficulty getting out of that hole. >> reporter: a lot of people are just wondering how we got to this point. how do you get to a point where the u.s. government is partially shut down? who do you put the blame on as an american citizen? >> as an american citizen and a voter, i put it right smack on the gop. i give it to the tea-banging faction. and, i mean, eight years ago, when mr. obama was elected, the republican party expressed, that said, "we will not cooperate." >> reporter: some people will push back, larry, they'll say -- house republicans will say, democrats, they aren't willing to budge. are they both to blame? >> no, sir.

no, sir. >> reporter: why not in. >> because, for example, our current crisis, the reason for its being, is the affordable care act. mr. boehner, the house republicans, have said that is why they are doing this. it's not -- the affordable care act is a republican initiative. >> reporter: there's a lot of various opinions about this. they've said they won't sign the petition at all because they don't think it will make much of a difference. miguel? >> all right, nick valencia, thank you very much. more indictments in the high-speed biker chase and beating of an suv driver. but it's the discovery of who else was at the scene, as all of this went down. that is truly shocking. the details next. [ male announcer ] if you have yet to master the quiet sneeze...

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bottom of the hourment welcome back. i'm miguel. here are five things crossing the "cnn newsdesk" right now. number one, the deal to raise the debt ceiling doesn't look likely, because house members are planning to leave washington to return to their districts. but gop leaders will remain in town to continue negotiations to raise the debt ceiling and end the government shutdown. a republican congressman says the talks between the president and john boehner have hit a brick wall. number two, the whereabouts of this man remain unclear. scott chandler is the director of a ranch for troubled kids. an amber alert was issued for nine teenagers whom authorities say were abducted from the ranch. his lawyer says all of the teens are safe.

number three, mark zuckerberg has reportedly purchased four new houses, but they're not in exotic location, they're right next door to his home in palo alto, california. according to the "san jose mercury news." facebook's ceo heard of a developer's plan to buy one of the properties next door, and marketed as being next to his house. the $29 billionaire, worth $19 billion, reportedly planning to lease the homes back to the families that live there now. number four, cadillac will lease a luxury plug-in car next year. the cadillac e.l.r., and it has a pretty luxe price tag, as well, about $69,000 after tax credits. cadillac says the high price tag comes from the car's greater flexibility. the e.l.r. can flip between electric and gas, allowing it to drive for greater distances than traditional electric cars. ♪ we can see who we want go miley ♪ ♪ yeah, this is for everybody

everywhere ♪ ♪ hands in the air like we don't care ♪ >> no tongues, no twerking, no teddy bears, number five is just miley cyrus and her voice. she's singing "we can't stop" a cappella with jimmy fallon. she appeared this week wearing just a white shirt and not much else. she told fallon she's about -- more about twerking. she can also sing and act. join us tonight at 7:30 for a special presentation on miley cyrus. is the former disney darling a brilliant businesswoman or a fallen star? watch "the life of miley" tonight at 7:30 eastern time. it's the video that shocked a nation. now three bikers have been indicted in connection with the violent attack on an suv driver in new york. craig wright, reginald chance, and robert sims are accused of attacking lien while his wife

and child watch in horror. margaret, all three men have been indicted. what's the latest? >> reporter: miguel, seven bikers have now been arrested. the suv driver's assault, it was part of a high-speed chase with motorcyclists here in new york captured on video and went viral. lien, the driver of the suv, seen for the first time in public on friday afternoon. you can see him here in video shot by wabc, he was treated in the hospital after being attacked and beaten two weeks ago. it left one biker seriously injured after his suv ran over him. now on to the bikers. three of them have now been indicted by a manhattan grand jury. they have been individually accused of either striking the suv driver using their helmet to smash open the suv window or stomping on the head of the driver after he was dragged out of his vehicle. their next court appearance will be their arraignment scheduled for october 30th. that's when the charges will be

made public, and that's about two and a half weeks away. the police are still looking for four other bikers who may have attacked the suv driver. >> and what more do we know about the off-duty police officers who were on the scene? >> reporter: well, miguel, one of them has been arrested and we now have photos of him. he's the one you can see there blurred out. his name is wojciech braszczok. he's 32 years old and worked as an undercover detective. we now know he was also involved in infiltrating organizations, including the "occupy wall street" movement, and we still don't know why it took him three days to report to his speerters he was there. and we learned a third officer could have been on the scene, and this one works for internal affair, the same department investigating this entire case. and here's more on that from cnn's legal analyst paul callan. >> reporter: it's hugely

significant. ia.d. officers enforce the law against the fellow police officers, the letter of the law, and to think an i.a.d. officer might, in fact, be involved in this incident -- i think the public will be very upset and disturbed about this. >> reporter: the officer's lawyer told our susan candiotti his client worked for i.a.d. for five years, and he did not see the actual assault take place and said the officer did not do anything wrong. miguel, all of this continues to be investigated. >> but raising a lot of concerning questions. margaret connelly for us, thank you very much. it's known as the largest no-kill animal sanctuary in the u.s. and it's home to hundreds of abandoned animals. we'll take you there and introduce you to the actor who started it all. that's coming up. and you can catch an all-new "anthony bourdain: parts unknown," tomorrow night, going

on a tasty journey to sicily, where he learns the "language of food." >> so, what do we have here? capicola? >> briscuitto. >> that looks good. >> vachese. this is the recot that. it's just cook it in the oven, the ricotta. >> the bread is from the uncle. and they have also, salami. and the sausages. >> and this cheese? (unintelligible). >> and? what do you call the dish? beautiful.

mm, that's good. >> the best moment of the day. >> indeed. ♪ oh, yeah. >> and the best job in the world. i'm starving. anthony bourdain, parts unknown, airs tomorrow night at 9:00 here on cnn. this was the hardest decision i've ever had to make. jim, i adore the pool at your hotel. anna, your hotels have wondrous waffle bars. ryan, your hotels' robes are fabulous. i have twelve of them. twelve? shhhh, i'm worth it& what i'm trying to say is, it's so hard to pick just one of you, so i'm choosing all of you with hotels.com. a loyalty program that requires no loyalty. plus members can win a free night every day only at hotels.com

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some late-night heroics in

the baseball playoffs. the "bleacher report," and, andy, were the dodgers really beaten by one guy? >> what can you say about beltran? he may be the greatest postseason player of all time. last night, in game one of the alcs, beltran provided all of the offense for the cardinals. bottom of the third with two on, beltran doubled into right center. both runners would come in to score. the game, it would remain tied at 2-2 until the 13th inning. beltran comes to the plate again. and again, he delivers. this time, a walk-off single. cardinals beat the dodgers, 3-2. game two of the series will be later on this afternoon. first pitch at 4:00 eastern on tbs. then at 8:00, the tigers and red sox will hit the field for the american league championship game series. three tampa bay buccaneers players have been diagnosed with mrsa. they're bringing in an

infections control expert. it's a bacteria that shows up as a skin infection. the condition can be especially dangerous in medical facilities and locker rooms, and it can lead to life threatening infections. trending on bleacherreport.com. and now, the ducks have taken it up a notch. they'll rock the custom "o" contacts. take a look at those, miguel. i'm not sure if this is awesome or scary. and it might actually be both at the same time. >> i'm going to wear those in the next hour. very awesome, i think. >> you should. >> andy, thank you very much. >> all right. it's the latest film hitting the big screen with oscar buzz. but is it fact or fiction? coming up, we'll take a look at the new tom hanks film "captain phillips." in today's american journey, an actor who discovered his true calling in the california desert. what he stumbled on more than three decades ago has nothing to do with acting, and everything to do with caring. here's tom foreman.

[ barking ] >> reporter: in the hills up above los angeles -- >> hey, kids. >> reporter: -- a down-to-earth journey goes on. >> yes, a good girl! >> reporter: every day, leo grillo takes one more step down an unexpected trail. >> these dogs are all abandoned in the wilderness. i bring them here with the promise it's never going to happen again. all right? my promise to them is i'm keeping you safe. >> reporter: in started in 1979 when grillo, an actor, found an abandoned dog and took him in, naming him delta, and he found another dog, and another, and another. and 35 years later, delta rescue now covers more than 100 acres, land filled with animals, every one of them found after being abandoned. >> we'll have anywhere 850 to 900 dogs. cats, 600 to 650. horses are about 40. and i have a handful of goats, and a pig. you never know.

>> reporter: an $8 million budget fuelled by donations provides food, water, housing, and a full-time veterinary hospital. >> this cat here had some bad teeth, and i'm pulling some bad molars. >> reporter: no animal is ever put up for adoption, and in many ways, grillo helped pioneer the idea of a no-kill rescue center, and every animal you see -- >> they're here for life. hey, bentley. come here. come here, it's okay. >> reporter: it is much bigger, more time consuming, more exhausting that leo grillo ever imagined. when he looks at over the mountaintop home he has given to thousands of unwanted animals, he knows they've given to him, too. >> i know i saved all their lives. they definitely changed mine. you're a good girl. >> reporter: tom foreman, cnn. american journey is brought to you by --

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house republicans and the white house have so far failed to reach a deal on the budget and debt ceiling, and wall street is watching nervously. investors pushed stocks higher yesterday on the hopes of a deal. the dow surged at the end of the week. let's bring in cnn's zane. zane, we're not out of the woods yet. by the latest news, we may be going deeper into them. what's going on? >> reporter: hey, miguel, it does look like. in terms of last week, it was a net positive. but it was a tumultuous week on wall street. literally, you could not make up this week. there was so much uncertainty. take a look. the dow was actually up 1%, the s&p 500 up .7%. again, so much uncertainty, and the u.s. stock market is highly allergic to uncertainty. so we did see losses on monday

and tuesday. we weren't 100% sure we'd get a deal in time, and wall street was probably worried, why is it taking so long? investors were literally on the sidelines, sort of watching the volleyball started to look better. the sun came out for wall street on wednesday. that was when janet yellen was nominated to head the fed. the dow had the biggest gain since december of 2011. anyone that sold stocks earlier in the week would have gone home kicking themselves. but by friday, investors started to sober up and realize yes, there is a deal on the table, but it's nothing concrete just yet. i think everybody is sort of looking towards next week. closer we get to october 17th without a deal, we are playing with fire. migel? >> playing with fire, ping pong, volleyball, you can go on and on with the metaphors. >> cricket might be the one. >> zain asher, thank you very

much. >> of course. three drivers caused deadly car accidents are asking new york's highest court to throw out their murder convictions, arguing they were too intoxicated to know they posed the threat they posed. it sounds outrageous. can that be a legal argument? the legal guys are going to explain to me, avery freedman in cleveland and richard herman in las vegas. hey, guys. >> how goes it. >> so is this possible, is it truly legal? sounds a little outrageous, although i understand what the court ois saying, these guys were so drunk, murder does involve intent, doesn't it, richard? >> yeah, first degree murder, specific intent to kill. what happens is they impute depraf tee. if you act in such a depraved manner, that could be imputed to give you that intent level and get you a conviction for murder.

the defense were so blasted, they didn't know they were acting in a depraved manner. therefore you can't convict them of murder, manslaughter, five to ten years or 20 to life, big difference. >> avery, i see you want to come back with something there. >> well, you know, what's very interesting about it, obviously we have a horrific accident. we have two guys that were so drunk that they were driving on the other side of the road, migel. so for purposes of murder, were they able to show the issue of intent, the question was of the trial court, was that a horrific decision. the argument was made this week. we have the answers for you and more coming up. >> just an interesting case, guys. thanks very much. an undercover cop that witnessed this attack on an suv driver is in new york facing charges, but one legal expert says he is getting off easy. you won't want to miss our legal panel coming up in the next hour. [ female announcer ] we lowered her fever.

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it was a riveting story, somali pirates seize a ship with american crew, the captain rises to the occasion. that story is now a movie starring academy award winner tom hanks. but the crew says the film gets it all wrong. here is cnn's drew griffin. >> reporter: as their captain was being lauded as a hero, the crew watched and bit their tongues. no more. >> we vowed we were taking it to

our grave, weren't going to say anything. then we hear this pr stuff about him giving himself up, he is still hostage. the crew is like what? everybody is in shock. >> reporter: back in 2010, the alabama's chief engineer, mike perry, told us he and most of the crew couldn't believe the story being painted about their captain, captain richard phillips, that he had given himself up in exchange for the safety of his crew. left out of the entire story, says perry, is the captain's recklessness that steered the maersk alabama into pirate infested waters. they set a course to save money. that route would shorten the trip and according to the third engineer put the crew directly in harm's way. >> he was advised to change course by competent deck officers and he overruled them. stay on course. make our eta.

stay on the same course. >> reporter: in a 2010 interview, captain richard phillips told us he was not used to criticism. when vn confronted him with these e-mails and his crew's concerns, he said it was the first time his judgment had been questioned. >> the complaint is that there were specific e-mails sent to your ship stressing the need to go further out to sea. >> yes. on something like that, we'll deal with that in the arena that they wish and that's the court, that's what this is based on. >> reporter: is it true? >> there are warnings put out, i don't know what authorities he is talking about, he doesn't say. >> reporter: i have the e-mails. >> yeah? >> yeah? >> reporter: you have seen the e-mails. you got them. >> haven't seen them since i was on the ship. >> reporter: you were warned to go further out to sea. >> warned to stay clear of an area, yeah. >> reporter: the captain is a witness in a contentious lawsuit

between the crew and shipping company. in a deposition last year, captain phillips admitted he did in seed receive the e-mail warnings. he also admits he kept the warnings to himself. asked by a plaintiff's attorney why he didn't move further offshore phillips testifies i don't believe 600 miles would make you safe. i didn't believe 1200 miles would make you safe. flipz told us much of the criticism is driven by human nature and by lawsuits filed by members of his crew. he also says the story itself was fueled by a press that wanted a hero, a captain that saved his crew, a good story, and now a movie. >> four pirates on board. four pirates. >> the media got everything wrong. i don't know how i could control this when i am in a lifeboat and the media is saying i gave myself up for it. in the book if you read it, have you read it? >> reporter: i did. >> you know i didn't give myself up. i was already a hostage by then.

i am miguel marquez in for fredricka whitfield. here are the top stories in the cnn newsroom. after what appeared to be a brief ceasefire, angry rhetoric returns to washington. 12 days of the government shutdown with house members likely heading home. the white house is looking toward the senate for a way out of the crisis. we're covering all angles. plus an incredibly powerful storm slammed into india's east coast. the cyclone is rivaling the record books for the worst storm the region has seen. millions are preparing for the worst. is it possible to be too drunk to kill? that's the argument three drivers are making, they want their murder convictions thrown out.

>> we begin on capitol hill where talks between the president and john boehner have hit a brick wall. not much may get done today in the house to end the government shutdown and raise the debt ceiling, in a way that's because members may go back to their districts, leaving only the gop leadership in town, but october 17th is next week. that's when the debt limit ceiling is hit and the government runs out of money to pay its own bills. athena jones is live on capitol hill. this has to be the worst day of your life there, athena. make some sense of it for us. the talking points seem to be the same between the two sides, now house members are leaking out and going to districts. what's going on there? >> reporter: there certainly are signs of progress, we have house members headed home. we know no votes are scheduled for tomorrow, sunday.

the senate will end its session. for a couple days, we talked about how rhetoric was dialed back, people sounded happier, they were speaking in more measured tones on both sides of the aisle. well, that all changed. the house gop have their conference meeting this morning. coming out of it, we heard from some house republicans that were very angry president obama rejected their plan that would raise the debt limit until november 22nd. listen to what one of the house members had to say, this is representative fleming. >> as you know, and you probably heard already, we met, apparently we're getting a bait and switch strategy from the white house. the president apparently was not negotiating in good faith. all he said is whatever you offer, i am not interested in it. he is hoping to cut a deal with the senate, which would i think be a terrible deal, to undermine

the house. >> reporter: there you heard representative fleming say that the focus really is on what's going on on the senate side, the proposal that was presented to president obama by senate republicans yesterday during their meeting, and that's the focus. people in tin the house, especially republicans, aren't too happy about it. we don't yet know how the plan on the senate side could be changed by democrats, and it is not looking, certainly are having some indications if the plan comes back around, that's a plan to reopen the government and raise the debt ceiling, but we just don't know how that plan would fair if it comes back to this side of the house. even though we are approaching that deadline, it is not clear when we have a vote to resolve this. >> athena jones, keep at it. thank you very much. good luck there. there's one concrete plan to end the standoff. a plan susan collins presented to end the shutdown.

it would end the government shutdown, extend government funding for six months with sequester level spending cuts, repeal tax on medical devices, and raise the debt ceiling. senior white house correspondent brianna keilar is live at the white house. brianna, is this going to take off, fly? republicans of the house say the white house already rejected it. >> reporter: at this point there are some things the white house doesn't like and there are some things the white house does like. let's first talk, and i think the white house sees it as a starting point, migel. talk about first what they do like. the extension or i should say funding the government, it reopens the government, that was something house republican proposal did not do. and the extension of the debt ceiling beyond the holidays because remember, the house republican plan was only for a six week extension of the debt ceiling. that would have taken us to before thanksgiving. president obama just in his weekly radio address this weekend saying he doesn't want

that. >> and it wouldn't be wise as some suggest to just kick the debt ceiling can down the road for a couple of months and flirt with the first ever intentional default, right in the middle of the holiday shopping season because damage to america's sterling credit rating wouldn't just cause global markets to go haywire, it would be more expensive for everyone in america to borrow money. students paying for college, newlyweds buying a home. it would amount to a new tax. a republican default tax on every family and business in america. >> reporter: so this proposal extends the debt ceiling into january 2014, just ahead of us, migel. and even that, the white house would like to see something wlonger. that's part of the thing where they sort of like it because it goes beyond the holiday season, but they want it even longer than that. that would be the preference. one of the other concerns, and a concern of congressional democrats as well, that

sequester, those across the board spending cuts, they get steeper going into the new year, and part of this proposal from senate republicans says that agencies would have flexibility on how to sort of figure out their cuts. the fear of democrats is that that may be code for republicans saying they're going to fix defense cuts by substituting them for cuts to what's called discretionary spending, some of that would be perhaps safety net programs that democrats value so much and want to make sure that doesn't happen. so this is certainly maybe a starting point and we're going to see some more back and forth on this, but i don't think the white house has dismissed out of hand certainly that something could be coming here from the senate. >> so one piece of that deal would see the medical deviets tax, the imposition f that delayed. is that acceptable to the white house? >> reporter: this is intriguing, migel. yesterday in the meeting with senate republicans president obama indicated to him that this medical devices tax, which is part of obama care, he doesn't

consider it a core part of obama care, and this is something a number of democrats in congress have said they don't like this tax. senate majority leader harry reid called it a stupid tax. i think there's certainly some -- the white house may be open to looking at that. and they're not dismissing it because of just that particular thing. >> all right. i understand right now that the senate is in session and the democrats have brought a bill to the floor of the senate and they are voting at the moment to have a clean debt bill basically. clearly democrats are trying to force the issue here, yes? >> reporter: and this is something that -- so this is a bill democrats wish was introduced earlier this week. it is a one year cle

clean extension. this is something at this point i think you'll see a lot of republican opposition to. this is what the white house would like, their grand hope would be that they can gain steam and jam house republicans with this and put pressure on them to do it. but it is not looking like it will necessarily be successful. we will be waiting for the results of that vote. and because it may not be successful, migel, that's why we're seeing other proposals being discussed in the senate. >> both sides clearly trying to ratchet up pressure on the other one. the question is who breaks first. john boehner seems to be the man, the linchpin for all of this. fascinating stuff. i hope you're getting a good lunch there. brianna keilar, thanks very much. candy crowley coming up to hopefully make some sense of all that. stay tuned. [ male announcer ] this is jim, a man who doesn't stand still. but jim has afib, atrial fibrillation --

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lots of movement in washington today, lots of back and forth and each party trying to get one up on the other. having a little difficult time making sense of it, but that will come to an end now. we are joined by candy crowley, chief political correspondent and anchor of "state of the union." candy, what in the world is going on now. the senate is voting now. what exactly are they voting on? >> they are voting on cloeputti

clean bill on the floor for a clean debt ceiling vote. it is a test vote to see where the soft spots are among republicans. there are not enough democratic votes in the senate to achieve cloture. it is a test vote. most expect it will go down, unless there's a big surprise and it gets worked out between republicans and the white house at some level, and not here in a senate vote. i suspect that cloture vote will fail. >> i can't imagine republicans will go along with that given the state of negotiations now. with all of the moves today, with the house gop and dems as well going home for the weekend, no votes until monday, both sides seem to say we're all just going to go home, let you guys work it out. what is your sense of where this is all going at the moment?

>> well, first of all, the perception of the house breaking for a long holiday weekend is not great. i suggest you look at twitter. i don't think government workers that have been furloughed love the idea that congress is now going home and doesn't -- the first vote is like late monday night, if i think that's right, so there's the perception. the reality is that the republican leaders are going to stick around and that's where really it is going to happen. they can always call house members back, say come on, we have to vote earlier than we thought, but the fact is most rank and file republicans can make noise but they don't make the bill that's going to eventually pass. so republican leaders are staying, rank and file are going home. >> candy crowley, thank you very much. >> thanks. >> hope it gets better soon. >> yeah, it has to. >> one hopes. want to remind you, candy has an exclusive interview with one of the key players in the government shutdown, kentucky

senator rand paul joins candy on "state of the union" sunday morning, 9:00 a.m. eastern and noon eastern time. an undercover cop who witnessed this attack on an suv driver in new york is facing charges, but one legal expert says he's getting off easy. find out why coming up. each week on cnn, we name a cnn hero, someone doing remarkable work in their community. in a few weeks we will name the 2013 hero of the year. anderson cooper introduces us to the finalists for cnn hero for 2013. >> i am anderson cooper. all year we have been introducing to you everyday people that change the world, we call them cnn heroes. now we announce the top ten cnn heroes for 2013. in random order. bill beatty lost his legs in iraq, he modified, helped provide homes to more than two

dozen disabled veterans. dr. laura stachel uses power to help deliver babies safely. danielle gletow, foster mother making their wishes come true. and opening this school for girls. a drill team provides discipline and inspiration to children in one of the nation's poorest cities. chad is keeping america's rivers clean removing garbage from waterways across the u.s. stella poured her savings into a mobile computer lab that serves low income children and adults. richard lost his son to leukemia. now he is helping low income children get to their cancer treatments. and dr. george swelle does surgery for the poor.

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the chase, the beating all caught on video. now three bikers have been indicted in connection with that violent clash with an suv. they're all accused of attacking him in front of his wife and child. four others arrested, including one police officer riding with the group.

two other undercover cops are believed to have been at the scene. one worked for internal affairs, the same department that is investigating the matter. the story seems to get bigger by the day. now at least one undercover cop is charged in the case. it is getting even more disturbing. saw the attack happening or try to stop it. bringing in the legal guys. avery freedman, civil rights attorney, and richard herman. talk about cops being involved or witness to the incident. >> it undermines the trust we have in law enforcement. this is shocking if you think about it. on the assumption it is true, the idea that law officers were

involved and not only participated in the internal affairs officer did nothing seems incredible that you would have an internal affairs officer that's maybe as tough as it gets when it comes to law enforcement doing absolutely nothing. it just truly undermines our whole sense of our trust in what law enforcement should be. >> these guys are always the ones that are supposed to be policing the police, and it is disturbing. it is unclear how much they saw, hopefully we'll know more. richard, that's a question that those indicted will be arraigned. what other details could be learned then? >> listen, in this modern age of technology, we have video of crimes being committed. and here it is all captured on video. this officer, his image is

captured. he is going to have himself a major problem. he is charged with a substantial felony, facing a lot of prison time, there will be no sympathy for him as an officer of the law. i don't care if he is under cover. this is not like he infiltrated organized crime and giving all sorts of information, this biker group is not so organized. they put all their notices on the internet so it is easily obtainable by law enforcement. for him to stand around or actually participate in the terrorism of this family is beyond outrageous. any judge will throw the book at him, a jury won't be sympathetic. he is going to have a major problem. with respect to the internal affairs officer, the defense there is he wasn't involved, he didn't know what happened, he didn't see it, and he reported it, but he waited two weeks to come forward and that's a big

problem. >> riding with the first officer, not involved in the attack, just a bizarre situation. guys, thank you very much. you will be back in 20 minutes to talk about an almost unbelievable legal strategy. i was too drunk to commit murder. three drivers that caused accidents appealing their convictions using that argument. 12 million people brace for catastrophe in india. a tropical cyclone made landfall. a look at some of the damage the storm is already causing. stick with innovation. stick with power. stick with technology. get the flexcare platinum. new from philips sonicare.

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bottom of the hour. i am miguel marquez. here are five things crossing the cnn news desk now. a deal to stop the shutdown and raise the debt ceiling not happening today. talks between the president and john boehner have hit a brick wall. house members may leave washington and return to their districts, but gop leaders will remain in town to continue negotiations. number two, minnesota vikings star running back adrian peterson asking for privacy as he mourns the death of his t

two-year-old son. he was allegedly beaten by his mother's boyfriend. joseph robert patterson has been arrested. patterson says despite the tragedy, he will be able to suit up and be able to play football tomorrow. scott chandler is the director of a ranch for troubled kids. an amber alert issued for nine teens abducted from the ranch. one of the teens has returned home and is okay. chandler's lawyer says all the teens are safe, but an amber alert remains in effect. number four, cadillac will release a luxury plug in car early next year, the cadillac elr. it has a deluxe price tag, about $69,000 after tax credits. cadillac says the high price tag comes from the car's greater flexibility. the elr can flip between electric and gas so it can go longer distances. number five, mark successor

berg purchased four houses, next door to his home in palo alto, california. according to the san jose mercury news, facebook ceo heard of a developer's plan to buy one of the properties next door and market it as being next to mark zuckerberg's house. he is planning to lease the homes back to the families that live there. although she didn't win, malala yousafzai was thought to be a frontrunner for this year's nobel peace price. she was shot by taliban gunmen for trying to organize education for young girls. kristy and a.m. enpour joins us. despite what happened to her -- >> she refuses to be quiet. i did ask her before the nobel was announced what she felt about being in contention. she said you know, i am way too young, i haven't done enough.

but she said i will continue to speak out. and look, she put her life on the line for peace. peace through the education of girls and boys. but most definitely girls. and i started by asking her in our conversation what she remembered of that precise moment when that taliban gunman came up and popped it at her. >> he asked who is malala. he did not give me time to answer his question. and my friend told me, my best friend, that at that time just squeezed my hand, pushed it with force, and you did not say anything. and then the next few seconds he fired three bullets. one bullet hit me in the left side of my forehead, just above here, and it ran down through my neck and into my shoulder, and i think i was hit by only one bullet, and it also effected my ear drum, so now i have problem in listening as well.

it also cut down my -- but if i look at it, it is a miracle. my brain is saved, my spinal cord is safe, everything is fine, i am alive and i still can talk and smile, so i thank god for that. before we were going to school, it was a normal life, doing homework daily, being good and getting high marks. we could not understand what we are doing, why are we going to school. then later on when the terrorists came and they stopped us from going to school, i got the evidence, and showed me a proof that yes, the terrorists are afraid of education. they are afraid of the power of education. and if a woman gets education and she becomes more powerful, and we all know that the terrorists are afraid of the power of women as well. so now at that time we realize that yes, education is important because it was snatched from us.

so i would like to tell every girl in u.k., in america, in countries, in the developed countries where education is available to them, go to schools and realize its importance before it is snatched from you as we have been suffered from that situation. >> her story is phenomenal. how did you find her? how is she, is she fully recovered now? >> she is pretty much fully recovered, but let's not forget that she has a titanium plate in parts of her head in stead of her skull because that was shattered. she has what she described a facial nerve that's not fully healed and may never be, and that does effect her face a bit. but her spirit is unbroken. she said they can try to kill my body but can't kill my spirit, my mission, my cause, and i am going to continue to fight for peace through education and even though they threatened her again, the taliban, said they would continue to try to kill

her to shut her up, she says she won't be silenced. she even says in the future she would like to be a female prime minister of pakistan. her role model was benazir bhutto, the only prime minister who was herself several years ago brutally murdered by the taliban, migel. >> an amazing story. she has such a quiet loveliness to her. she also says she wanted to open a girls school if she won the peace prize. she does though in interviews, she pulls back. my sense is she still worries about herself and her family and their safety. >> i think she does worry about their safety, of course she does, because these are people that have proven they're not just issuing idle threats, they have made good on threats. she and her family and her father of course are very concerned. it is extraordinary to see this couple really, this young teenager, 15, 16 years old now, with her father who is her biggest champion. a pakistani man from traditional

conservative village who has really enabled his daughter and encouraged his daughter not just to seek education but the two of them to speak out for that very right because everybody knows, migel, whether it is in this country or any other country that you cannot have progress, economic success or even peace without education. in pakistan now it is tragic. 25 million children are not going to school. 15 million of those are girls. so the task ahead is great. >> don't forget to join us tomorrow night at 7:00 eastern for that special report, the bravest girl in the world, right here on cnn.

well, that senate vote we were telling you about earlier has gone the way we expected it to, it did not pass.

this was a vote of cloture, getting 60 votes to cut off debate in the senate to bring a bill that gives the senators a chance to vote for a clean, continuing resolution to fund the government. that went down by 53-45, so they did not get the 60 votes they need to close that debate. and the drama in washington continues. onto other more serious drama in some ways, tropical cyclone phailin is blamed for several deaths, packing winds 140 miles per hour when it hit. that would be a category four hurricane here in the u.s. disaster officials ee vvacuated about a half million. you can see how strong the winds were a half mile inland a few hours before the storm hit. meteorologist karen maginnis is

tracking phailin in the severe weather center. >> it has made landfall as a strong category four. as it moves on shore, we will see the storm surge. i am seeing reports on twitter from the government of india and they're saying they're doing everything to make relief supplies available uninterrupted. that's good news. we have already gotten reports of at least seven fatalities, and from other twitter reports we're seeing, it looks as if a number of hotels and businesses as well as homes have been flooded. they're saying the water is very high there. they're expecting up to a foot of rainfall. now, the winds as they slammed on shore, the sustained winds at 140 miles per hour, and higher gusts, is going to move across interior sections of northeastern india. you may have already heard that in 1999 this same area was also

effected by tremendous tropical cyclone, with very similar winds, maybe a few ticks down as far as miles per hour. they said all the trees were replanted because of that tropical storm, that tropical cyclone have to be replanted. back here in the united states fairly quiet. we have a trouble spot down across texas and that very persist tent round of moisture just kind of blowing in, lingering in the mid-atlantic. some areas saw as much as ten inches of rainfall. much cooler air on the back side of this. nashville, you go from temperatures ten degrees above normal to just about normal. a lot of places are going to be cooling down. atlanta, charlotte, birmingham. texas, i think rainfall will prevail. if you are headed to salt lake, afternoon high is expected to be 67. we will look at temperatures cooler in the midwest and the deep south in the next several days. migel? >> karen, thank you very much. our legal guys are next. a bizarre appeal in a deadly dui case.

the driver says he was too drunk to know what he was doing. will it fly? we debate the defense strategy coming up. [ male announcer ] if you have yet to master the quiet sneeze... [ sneezes ] [ male announcer ] you may be an allergy muddler. try zyrtec® for powerful allergy relief. and zyrtec® is different than claritin® because it starts working faster on the first day you take it. zyrtec®. love the air. [ sneezes ] [ male announcer ] may your lights always be green. [ tires screech ] ♪ [ beeping ] ♪ may you never be stuck behind a stinky truck. [ beeping ] ♪ may things always go your way. but it's good to be prepared... just in case they don't. toyota. let's go places, safely. ♪ [ male announcer ] the parking lot helps

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and ordered one for my mom. now my mom has a cell phone she actually enjoys using. >> announcer: the jitterbug plus is easy to use, easy to see, and it has the longest-lasting battery on the market. for a limited time, get a free car charger with purchase. to locate a store near you, visit greatcall.com. greatcall-- people you can count on. deadly car accidents are asking new york's highest court to throw their murder convictions out, arguing they were too intoxicated to know they posed a threat. our legal guys are back, avery freedman in cleveland and richard herman in las vegas.

guys, new york's court of appeals heard the three cases earlier in the week, but we're just talking about one of them. is that correct? one had a blood alcohol level more than three times the legal limit when he got behind the wheel of his pickup in 2005. he drove for miles the wrong way down meadowbrook state parkway. his auto smashed head first into a limo carrying a seven-year-old who had just been the flower girl at her aunt's wedding. dash cam video from the limo tells the rest of the story. horrible. he was convicted of second degree murder, serving 18 to life for killing her and the limo driver. his lawyer argues prosecutors failed to prove that he acted with depraved indifference.

talk more about this legal strategy, guys, and the significance of that phrase. avery, what does it mean, richard? >> migel -- >> i'm sorry, go ahead, avery. >> all right. well, essentially it is really depraved indifference to humanity, wanton humanity, a very high standard. the fact is the defense lawyers are saying we need the legislature to write a law to be specific in albany. it is the only argument they have. i think it is a lousy argument. and i think the seven justices in the highest court in new york have to affirm the convictions because the death, basically the murder of a seven-year-old flower girl, my goodness. even though the defense lawyers are saying don't look at the result, just look at the behavior, but three times the legal limit on the wrong side of the road, that's second degree

murder and that conviction should stand. >> go ahead, richard. >> the point is this. the conviction was for murder, not manslaughter, murder brings 19 to life, manslaughter maybe five to ten years. what they're arguing here is look, it is not murder. even though you can substitute the requisite intent, usually murder is a specific intent to kill someone, and the law says if you act in such a reckless, indifferent manner, creating grave risk of death, we will substitute that for intent and that can be used for a murder conviction and that's what happened in these cases, so what the defense argued on appeal is look, these people were so blasted, they were so intoxicated, they didn't even realize they were driving the car. so therefore they did not act with a reckless intent or indifference because they had no idea what they were doing, and the justices sat and listened and most of them went oh,

really, and you know, it is a nice argument, it is a novel argument to make, but in the end, once you go out and have car keys, you have a drink, one drink, then two drinks, and you have the ability to drive a car, i think at this point the rationale will be that listen, you acted this way. if you take bricks on top of a skyscraper and throw them into a crowded street, that's the same thing. if you get into a car, which is the same mentality and kill someone, you're going to be convicted of depravity, and that's what happened and i don't think they'll win on appeal. >> avery, you talk about albany needs to pass a law to further define it. what do they need to define what needs to be on the books. >> i don't have the slightest idea what these guys are talking about, migel. how in the world are you going to define, do you have to be three times, two times the legal

limit, four times. how many miles driving on the wrong side of the road. it is again, a terrible argument, that's all they've got. i don't think the legislature has to do one dog gone thing, nothing. >> all right. and richard, same with you? you think this is going to just work itself out? >> migel, it is not going to work itself out. these guys, 19 years to life, hoping to get a manslaughter conviction. it is not going to happen in the court of appeals. it is amazing made it this far in the new york court system. these judges, they were very skeptical of the arguments and raising eyebrows and oh, really, you know. it is not going to fly. 19 to life. they took lives. >> for the record, counselors, by working itself out, meant they weren't getting manslaughter, seems impossible. richard herman, avery freedman, see you next week. >> we have to wish fred's father a happy, healthy 90th birthday.

happy birthday, sir. >> that's right. >> you're stealing my thunder here, gentlemen. one of america's heroes hit another milestone, talking about mel whitfield, we consider him part of the family here, his daughter happens to be our own news anchor, fredricka whitfield whose chair i am sitting in. in his hay day, he was called marvelous mel. won medals in the korean war, spent nights training on military runways in the army air force where he was a gunner on 27 combat missions. he was the first ever active duty soldier to win gold at the olympics. after leaving the army, he spent a career as a diplomat for the state department. mel whitfield turned 89 on friday. fredricka, mel, congratulations. happy birthday! the gridlock in washington not just effecting government workers. coming up, why fishermen worry they may not be able to make the big catch.

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there's a ripple effect in the government shutdown in a place you might not realize or think of, the fishing industry with crabbing season days away, a shutdown means no fishing licenses. >> on behalf of all fishermen, i am asking congress to end the shutdown now. i'm a small business man in a big ocean with big bills. and i need to go fishing. >> that was keith coal burn from the show deadliest catch on capitol hill speaking to lawmakers. jake tapper asked him what the shutdown could do to him and his competitors. >> the season is supposed to start tuesday.

>> yes. starts october 15th. >> even if the shutdown were to end today, which it will not. >> we're basically locked down. our fisheries are all closed because we don't have national marine fisheries, i guess they're deemed unessential staff. they're kind of essential to us. aren't on the job to issue permits. right now, we're looking at three to four day delay, that's if they opened the doors today. everything i am getting now that i am back in d.c., there's no real effort being made or push made to get the government back on track. >> and how narrow is crab season? >> well, crab season is time specific because we are basically, especially the king crab, about half goes to japan and the other half comes to the domestic market, and a good percentage of that goes to the holiday market. so new year's in particular. so if we don't have the crab delivered, frozen and shipped by about the first or second week

of november, then it is not going to make the holiday markets and we're not going to see the premium price we would normally see. >> we're talking a few weeks. >> not only a few weeks, a few days. if the government doesn't get their act together by middle of next week, they're going to impact our price to the dock, that spirals to coastal communities, processors, little guys. not just 80 fishing boats in the bering sea. >> that show, 33 years since jack nicholson and shelly duvall kept you on the edge of your seats in "the shining." next why the intrigue is far from over. [ male announcer ] this is jim,

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no known dietary restrictions. for more information and savings options, call 1-888-xarelto or visit goxarelto.com. for more than 30 years, "the shining" has fascinated viewers. and it is back. in the internet era, its popularity continues to grow. here is nischelle turner with more on why we can't let go of that 1980 stephen king classic. >> just a huge love for it. >> reporter: howard is a sculptor who is fascinated with a particular movie. look at that face. yeah, that movie. such a fan of "the shining" he decided to pay tribute to it, down to the last detail, including the psychotic father. >> all hand punched hair.

one by one. >> reporter: and the so-called twins. >> what's going on in that head that makes you wanted to create these type of things? >> it is kind of a fan thing, like the best horror movie ever made. >> reporter: he is not the only shining obsessive. the movie has been getting a lot of attention lately, more than three decades after it first came out. more than a quarter million people trekked through a recent exhibit on kubrick. the most popular room in the show, the one devoted to the shining. >> these are special echkts that were used in the film, the real thing. >> reporter: this artist designed the exhibit. >> this is one of the typewriters that was used and this is the knife. she said it was a kitchen knife he took from the kitchen one day saying this is the right knife. >> reporter: 2013 also brought release of a new documentary about all the theories surrounding secret meetings

kubrick may have hidden in his films. produced the film room 237 aimed for the spooky suite in a hotel. >> all of these films, they found things that help support their theories. >> reporter: one of the theorists, jeffrey cox, historian at albion college in michigan. he is convinced he put coded messages into "the shining" about the horrors in nazi germany. >> referencers found a place in almost all films, certainly "the shining" it represents the bureaucratic machinery. >> reporter: whether it holds blood is a matter of opinion. he spent months sculpting the characters, says he enjoys the movie for what it is. >> reporter: m