leagues to a whole new level. you can buy and sell shares in sports stars. if they do well, both on and off the field you share in their riches. if not, well, do you think you can spot the next tom brady before he's tom brady? >> intriguing. we start this morning in the past. here's why. even though the government is up and running, there's already a rumble that the real fight is yet to come, just like what we lived through. senior white house correspondent jim acosta jonejoins us now. do we see what may be to come, more fighting? >> i think so, chris. just about all of washington was expecting the president to strike a bipartisan tone in the hours after the shutdown. instead republicans got a stern lecture, a sign that the shutdown may be over but there are more battles to come.

listening to president obama chatting with the italian prime minister it sounded as if he was ready for a vacation in tuscany. >> he will not have to twist my arm to get me to come to tuscany again, sometime in the near future. >> reporter: the president has no room on his plate for pasta not when he sets his sights on passing a farm bill, an immigration reform and a new budget within the next 90 days. >> and we can get it done. >> reporter: a task the president may have made more difficult for himself after railing against republicans over the shutdown. >> you don't like a particular policy or a particular president, then argue for your position, go out there and win an election. >> reporter: he may get help from senate minority leader mitch mcconnell who told the hill newspaper there will not be a government shutdown. we have fully acquainted new members with what a losing strategy is. paul ryan called for

bipartisanship in upcoming budget negotiation. >> we want to look for ways to find a common ground and get a budget. >> reporter: tell that to texas senator ted cruz whose office tells cnn he's not ruling out another shutdown. jay johnson, a former military lawyer and obama campaign fund-raiser said at a conference earlier this year that the day will come when the u.s. must declare the war against al qaeda over. >> we should no longer consider ourselves in a traditional armed conflict against al qaeda and affiliated groups. and i think benghazi is a prominent example of what i'm talking about. you can't label the benghazi attack as something conducted by al qaeda and associated forces. it was more of a mixed bag. >> reporter: the president is scheduled to formally nominate jay johnson at a ceremony later this afternoon. one of the key senators, jeff

sessions, has already called johnson's nomination, quote, deeply concerning say that the department of homeland security is perhaps the most ms. manaism in the country. >> here we go again. thank you. slowly but surely the federal government is coming back to life after being dormant for at least 16 days. furlough employees begin to take on what is probably a huge backlog of work. popular tourists sites are 0ing their doors to the public. cnn's rene marsh is with us. she's at the national zoo. good morning, rene. >> that washington wheel is turning but turning slowly. in just a matter of hours, the gates will open at the smithsonian national zoo. across the country, all of those local businesses that depend on the federal workers dollars are gearing up for crowds once again. it is so clear, like you said, it will take some time before everyone kicks it into high gear.

>> good morning, ladies and gentlemen. >> reporter: tourists lined up as the nation's parks, museums and memorials re-opened for business, from the florida everglades to the smithsonian air and space museum. >> how does it feel to be inside. >> ask him. >> reporter: how does it feel to be inside? >> awesome. >> reporter: pleas are back on the job after three weeks of forced time off. >> it's good to be back at work. >> reporter: on capitol hill where most members have fled for their home districts, the furloughed staffer got the historical clock ticking again. as the vice president greeted returning epa employees with muffins, he warned all that time off would mean a backlog of paperwork. >> now they're back and they have all that work piled up. they have a lot to do. i'm not going to hold them up anymore. >> reporter: for the first few days back, federal employees say they'll be playing catch up. >> what did go on workwise for

the past couple weeks. >> reporter: this faa employee told us it could take him a week to clear the backlog. in alaska, king crab fishermen could lose tens of thousands of dollars a day waiting in the harbor white returning federal workers sift through their catch permit requests. >> i'm very hopeful when the government opens, the agency will make it a top priority to get that crab issued -- get that quota issued. >> reporter: medical researchers say it will take time to ramp up their projects again. the good news, once again, americans can tune in to the national zoo's panda cam, which is broadcasting online with heightened interest, causing some delays. one thing on the minds of many, hoping congress doesn't force them through another shutdown in a few months. >> my understanding is this is just for 90 days. after 90 days, then what? >> reporter: all right. there goes that uncertainty again here in washington, d.c. although they're happy to be back at work, as far as those

national parks go, some of them have re-opened but some of them will take a little longer to re-open because as you can imagine, maintenance fell by the wayside as this shutdown was going on. they have a little bit of sprucing up to do. back to you, chris and kate. >> thank you so much. while i was there for two days i was walking through the capital, i even overheard some of the workers saying it's good to be back at work. you hear it. >> people need to work. government needs to function. everybody needs to know that. that's how it's supposed to work. let's get more of the morning headlines. this big one out of the u.s. embassy in uganda, it is on high alert, officials being concerned about an attack similar to the kenya mall massacre. the information is still being vetted to determine its veracity.

they tell cnn they're looking at a norwegian citizen of somali descent as a possible suspect in the westgate mall shooting. edward snowden breaking his silence telling "the new york times" he did not take any top secret u.s. documents with him to russia and there's a 0% chance china or russia got his hands on documents he did have before he fled the united states. snowden says he believes his leaks have helped national security by triggering a debate about the intelligence. michele macneill's doctor testified thursday and said she showed no signs of heart disease weeks before her death. the defense contends she was not murdered but died of natural causes associated with having a bad heard. much more in the 8:00 hour on this story. not guilty. that's the plea from a baggage

handler accused of setting off dry ice bombs earlier this week. they say bennett did it for his own amusement. he now faces up to six years in prison. we have a whiskey who done it in kentucky. more than $25,000 of some of the world's most rarest and most sought after bourbon disappeared from a distillery. including the happy van winkle. the thieves knew what to look for and the sheriff is leaning toward it being an inside job. >> i do not approve of the behavior. >> a bourbon thief sounds good. >> says the person who was gone the last few days. >> were you really in d.c.?

the intrigue. >> that odd bottle of brown fluid you were hiding -- >> oh, that was -- let's get to the weather. >> that was a gift. >> a gift, exactly. >> let's get a check of what it looks like outside your door. >> have you seen the northern lights? that's the question. >> aroar roaurora borealis. >> gorge os out there. they are particles coming from the sun. electronically charged particles coming from the sun interacting with the earth's atmosphere. you have high altitude oxygen. amazing video out there. love it. still haven't seen it. definitely on my bucket list, too. we a cold front make its way through the northeast. starting to see remnants out there. still going to see a couple

series of -- through the area. in philly, d.c. and new york, we'll see some milder, more seasonal-like temperatures, more 60s should be in the forecast. notice we'll see a series of the fronts start to make their way through over the next several days. the first one again making its way offshore in the northeast but still trailing out towards texas, maybe some showers over towards the carolinas. here comes the next one behind it, saturday into sunday. similar to yesterday. you barely got any rain out of this. the temperatures were mild. this is the guy you want to pay attention to. this is the real actual change. i'm assuming people will agree with me. let's look at these temperatures. i want to show you the difference. this is yesterday. now i'm taking you through monday. pay attention out here. look at the temperatures drop down to the 40s. this is the cold air by next week. that will be making its way into the northeast. did i see you clapping or is

that a cold? >> i'm rubbing my hands. >> like yay! >> i might start a fire on the side of the desk. >> we agree. we start getting to the 40s and 50s. >> we had to have a change sometime. october. >> we have a week. >> we'll take a quick break on "new day." when we come back, you know how the obama care rollout was such a mess, all the online problems? lawmakers forgot to blame someone for that. now they can focus and are asking for the head of one woman. we'll tell you who and why. and desperate search continues for a missing autistic teenager here in new york. can his mother's voice help him find his way home? [ man on radio ] there's an accident on the freeway that hasn't been cleared yet. ♪ uh! i just want to celebrate [ male announcer ] every time you say no to a cigarette you celebrate a little win. nicorette gum helps calm your cravings and makes you less irritable. double your chances of quitting.

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welcome back to "new day." opponents of obama care may have to get used to living with the law but that doesn't mean they have to live with who is in charge of it necessarily. after the box online rollout, there's a hunt on health and human services secretary kathleen sebelius. opponents saying she had three years to get it right and now her time is up. they're calling for her resignation now. here's cnn's brian todd with more. >> reporter: she's become the face of the obama care rollout and all its technical problems. there's intensifying pressure on health and human services secretary kathleen sebelius to step down. she's the chief target of republicans, including senator pat roberts who is a long-time friend of sebelius's family. >> she's had 3 1/2 years to launch obama care and she has failed. >> reporter: he's joined by congressman john fleming of louisiana, a long-time family practice doctor, he says he'll

soon send a letter to president obama asking him to accept sebelius's resignation. >> the problems are being streamlined more and more each day. >> not good enough for you? >> that law was passed almost four years ago. they've had plenty of time to either roll this thing out properly, beta test it, make sure it works or delay the implementation. they did neither. >> reporter: secretary sebelius' aides said she was traveling and not available to go on camera. they didn't specifically respond to the calls for her to resign. >> the secretary does have the full confidence of the president. >> reporter: but president obama's former press secretary said this, quote, i hope they fire some people that were in charge. and there are two house committees investigating the website launch. which cnn's senior medical correspondent elizabeth cohen has been following closely. >> healthcare.gov has been giving people all sorts of problems. it took me a week to create a

user name and pass word and then when i did, i couldn't login with them. the obama administration says it's very busy and to try during offpeak times. i did and still it didn't work. two weeks into the launch of the site i did manage to get in. but you know what, the site is still pretty glitchy. >> reporter: sebelius said this on a tour promoting obama care this week. >> i'll be the first to tell you that the website launch was rockier than we would have liked. >> reporter: and potential customers are still shopping. a company that analyzes web traffic says after the first week online, out of all those who attempted to sign up through the federal exchange, just 1% ended up enrolling in obama care. administration officials say that's not accurate but they're not giving any specific numbers on enrollment. we have to emphasize that company's data is unofficial and it's just a snapshot. it doesn't include state-run exchanges. brian todd, cnn, washington. >> thank you so much, brian.

i don't see there's any chance kathleen sebelius will be stepping down. >> well, stepping down versus forced out. >> okay. >> would be the situation. we'll see. >> we'll see. >> keep an eye on it. here's a story you have to hear about. in new york, a boy is everywhere and nowhere. there's a citywide search on for a missing autistic boy. these are surveillance images. they show a 14-year-old before he vanished walking out of his queens school. there's been no sign of him since. now the police are using a new tool, his mother's voice. here's don lemon. >> reporter: inch by inch, street corner by street corner, everyone in new york city looking for missing 14-year-old avonte oquendo. >> hi, avonte, it's mom. >> reporter: in queens where the autistic boy was last seen two weeks ago, search vans broadcast his mother's voice in hopes he may recognize it and come to them.

how did you come up with that message? >> that is something i tell him when he comes home from school. i always says hi, avonte. i want the response, hi, mom. >> reporter: this surveillance video, he can't communicate verbally. investigators say after approaching a security guard who didn't allow him to exit the school, avonte found an unmonitored side door and vanished. >> he's not supposed to be running through the halls without supervision. he's not supposed to be walking out the door and you're not stopping him. >> reporter: ray kelly does not believe the security guard is at fault. >> you see the action of the security guard on film and also a statement by the security agent and other people. >> reporter: a source close to the investigation tells cnn searches are concentrating on a

five-block area around the school with particular focus on a marshy landfall, thinking cameras don't show the child going into the neighborhood so he may have headed towards the water. avonte's father believes he's elsewhere. >> i look at it it's part of their job to do that. but i'm pretty sure he's not there. he's been -- he wasn't about large bodies of water. >> reporter: water, an ominous fear for these parents. for now, they're keeping positive, trying to find one young boy among millions, one family with an entire city behind them. don lemons, cnn, new york. >> don's right. we live in new york city. and the flyers are everywhere. and it's unusual to see this city gripped by a search like this. both my kids, the 10-year-old and 7-year-old came home separately from schools with the flyers.

because there's such a search for this because of the vulnerability of this particular kid and the time. if anybody has seen anything. >> yes. it's so troubling, two weeks. >> that's a long time. >> a long time. >> a long time. >> oh, god. >> hopefully there's good news and we'll keep following up on it. if there are any tips, pass it along. anything could make a difference. coming up next on "new day," the fallout from the government shutdown. americans, they're angry but which party will pay the price politically? dick cheney, he'll go one-on-one with sanjay gupta. he's talking about his 35-year battle with heart disease and cheating death. we'll tell you about it within we come back. #%tia[

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welcome back to "new day." it is friday, october 18th. let's turn now to our political gut check of the morning. congress got a deal together in time to avert a financial crisis but it has left many americans serious over the political brinksmanship. will lawmakers face consequences from their constituents and what does this crisis mean for the republican party going forward? cnn's chief national correspondent john king is here to break to down for us further. john, one thing you and i have been talking about is what was clear in this fight is there sometimes is a disconnect between local interests, national interests, national public opinion and what lawmakers are hearing from constituents back home. what's behind that? >> kate, it is as if there is a political parallel universe if you will. the president lives in one and his republican critics, mostly house republicans live in another. let me use the magic wall here

to give you a sense of what i mean. the president's old law professor, legal terms, asked and answered he said to this debate about obama care. mitt romney said he would repeal it. president obama said lids keet' it. the national map, the president won most of the big prizes, california, new york, florida, ohio and so on. so the president says we went through this. it's over. we had this debate, right? the country is with me. house republicans, kate, they see it differently. because they live in red america. this is the presidential election by county. the house republican districts 232 of them, this is where they are. look at that. mitt romney won more house districts than barack obama did even as the president won re-election. mitt romney won more counties in america. some aren't very populated but this is where house republicans live. they don't think they need to listen to the president. they think their voters want them to challenge obama care. this started with the fight to

fund obama care. there are 80 house republicans, they live across the country, largely in red america. 80 house republicans sent john boehner a letter, saying we will not vote on a resolution to continue to fund the government unless it strips the money for the health care plan. the house voted on a final compromise, take a look at this, only -- make that work there. only nine of them broke and voted yes. 71 of those conservative largely tea party members stuck with that. they dug in, even on the compromise in the end. this is where we are going forward. yes, the government is open. the debt ceiling has been raised. this political environment has not changed. >> that map and the math, it isn't changing in this congress. so what does that mean for the battles that are just months away? >> there are a number of things to look at going forward. some of these battles coulding days away. the president says let's do immigration. they're having a negotiation over a big budget deal now. for some house republicans, i

just showed you the conservatives that stay put. for some, politics were local. there were 17 -- 232 house republicans, only 17, that's atiny one, go home to districts carried by the president. a republican house member in a district, the president, a democrat, won in the last election. of those 17, 15 decided to vote yes. you do see in places where the president's support was stronger, republican congressmen were more likely to vote yes. that's something to watch going forward. here are what the president would see as the more troubling indicators. if you're a republican in congress and you're thinking of running for president in 2016, well, kate, the safe vote was no. ted cruz, rand paul, marco rubio in the senate, paul ryan in the house, all voting no on this deal, even though their leaders, mitch mcconnell and john boehner said we need to pass this. there's one key there. the other thing to watch is the tea party. the tea party is threatening, threatening anyone who voted yes, might face a primary challenge. well, let's watch these going forward. leader mcconnell i just

mentioned, one of his key deputies, lamar alexander of tennessee, lindsey graham of south carolina, all on the ballot, all have tea party challengers. let's see if the conservative money flows to try to take these guys out. >> we're already seeing tea party opponents coming out using this vote against them. >> right. we are. i'll come back to the map this way and let you see the map full out. remember, this is where the 232 house republicans live and they think their voters want them to fight, however, we could be seeing instead of fights between the republicans and the president, fights in the republican family. check your e-mail box, kate. i know you left washington for new york but you still get the e-mails. tea party groups, conservative party groups, sending out e-mails. house republicans who voted yes we were flooded with e-mails yesterday, saying how they violated conservative principles. they deserve to be defeated. that's in the first day after the vote. we'll see going forward if that

energy persists. these tea party groups are threatening the primary challenge, a host of house republicans who voted yes. >> that would be interesting. we're hearing jim demint, now president of the heritage foundation, former senator from south carolina, he's writing an op-ed in "the wall street journal" saying -- making his case for why right now is the time to have a fight on obama care even though some moderate folks in his party say now is not the time to do it or the way to do it. clearly there's a fight within that party they need to work out. >> remember how much money jim demint in a different role was able to raise in 2010, kate. he is a key player saying attack the primary challenge, try to defeat the republicans who voted yes. there's still a -- we're done with this crisis but we're not done.fight. >> good point. great to see you. thanks, john. >> thank you. watching that story of course but a lot of other stories making news. good morning to you at home. we're starting with a story that's concerning folks in florida. a manhunt is on for two

convicted killers following most unusual prison break. charles walker and joe jenkins were freed after prison officials received forged documents stating that their respective sentences were reduced and granting them release. it's not clear who faked the signatures of a prosecutor and a judge. those inmates were serving life sentences for murder without the possibility of parole. much more on this coming up later in our show. an arkansas man under arrest charged with hijacking a school bus filled with elementary school students. police say 22-year-old nicholas miller armed with a knife commandeered the bus in a suburb of little rock. he then led police on a ten-mile chase before he was stopped. the students on board and the bus driver were not injured. he told authorities he believed people were after him and he needed to take the bus to save his life. a federal air marshal in custody this morning after he was caught taking upskirt photos of female passengers boarding a

plane in nashville. 28-year-old adam marsh was on duty at the time. he admittedly taking the pictures and told police he had done it before. he's charged with disorderly conduct and the tsa is in the process of suspending or terminating his employment. san francisco could be a commuting nightmare this morning. because of a strike by bay area rapid transit workers, they have walked off the job at midnight after the latest round of contract talks broke down. some 400,000 riders could be affected. this is the second b.a.r.t. strike in some three months, following a four-day walkout in july. rescue workers in st. louis trying to find a home for a pit bull who was deserted by his owner, poor thing spent four days trapped in a sewer. no one knows exactly how he got stuck but neighbors apparently kept feeding the dog to keep him alive until rescue workers were able to lure him close enough to drug him and pull him out. hopefully they're looking for a

home for this little if heio. he was adbandonabandoned. terrible, terrible. >> nice how they came together. >> neighbors. >> thank you, neighbor. coming up on "new day," former vice president dick cheney opens up to sanjay gupta. he's talking about his hellish battle with heart disease and he talks about a day you may have not heard of before. the day he was sure he was going to die. also ahead, if you don't have the stomach for the stock market, maybe you'd like to invest in a promising young athlete. we'll talk about the potential of a big payoff, of course, if they turn pro. >> don't invest in those guys. those are the jets.

♪ "first day of my life" by bright eyes ♪ you're not just looking for a house. you're looking for a place for your life to happen.

welcome back.

let's go around the world starting india. the death toll is rising from last week's tropical cyclone in the eastern part of the country. cnn has that. >> reporter: countless lives were saved thanks to mass evacuations but now the difficult task of rebuilding livelihoods. at a fishing village of 5,000 people, every single boat is wrecked. 80% of the homes damaged. miles and miles of trees smashed by the powerful cyclone dominate the land escape. people are now trying to pick up the pieces. they've received some relief in the form of rice. what good is rice without fish, locals ask? their only source of income. back to you, kate. >> thank you so much. movie director michael bay was attacked in hong kong while on location for the next transformers movie. cnn's john defterios has more. >> reporter: michael bay got in a scrap with suspected criminal gang members while shooting his latest transformers movie in

hong kong. according to bay, the men who were working as street vendors demanded around $12,000 for disturbance to their business. one bay said no, one man allegedly tried to hit him with an air conditioning unit. police managed to stop the attackers and make arrest. they say bay suffered a facial injury but did not go to the hospital. back to you, kate. all right, john, thank you. pakistani teenager malala yousafzai getting the royal treatment in england, meeting the queen at buckingham palace. cnn's max foster has that. >> reporter: it was just a few days ago that malala met president barack obama in washington and now she's here to meet the queen. for malala, she's become an icon herself. this moment when an elderly woman meets a young girl will be a moment in history and a key moment in malala's extraordinary journey since she was shot in pakistan a year ago. back to you, kate.

>> all right, max. thank you so much for that. we are getting a closer glimpse, a fresher glimpse this morning into just how sick former vice president dick cheney was while in office. cnn's medical correspondent dr. sanjay gupta interviewed cheney for "60 minutes" that will air i resigned the vice presidency effective march 28th of 2001. >> nearly for your entire time as vice president there was a letter of resignation pending. >> pending. >> how did president bush react when you told him about that? >> a little surprised. he thought it was a good idea. >> dr. jennifer coddle joins us. trouble walking up stairs. he passed out. he was in incredible pain. it's amazing -- i don't think any of us had an idea that he

was so terribly sick. >> right. this is something i felt when i read "the new york times" article myself, i think other people have felt as well, "the new york times" talks about former vice president cheney's struggle with heart disease over the last 35 years, mentioning he had his first heart attack at age 37. very young. you're absolutely right about that, eventually suffering five heart attacks, having heart failure so severe in 2010 that he needed a ventricular assist device. it's a device implanted that helps the heart actually pump. you're absolutely right. some of the symptoms it's reported that the former vice president experienced are things like feeling short of breath. trouble walking up stairs. sometimes even feeling, you know, light headed and losing consciousness. >> he had to have emergency surgery. >> right. heart disease can be very, very serious. it's one of the number one killers in this country for men and women. heart disease can consist of many different conditions, number one, heart attacks which it seems like the former vice

president experienced as well as heart failure. >> as you're reading the revelations coming out in this and you realize how serious. of course it was serious. we always knew his condition was serious but just how close he was to death, it made me wonder would someone else be as lucky as him to still be with us today? he has the best doctors and he has secret service around him at all times watching him. >> right. that's a great question. you know, i don't personally treat former vice president cheney. we don't know all the details about his medical condition. how severe someone's symptoms are when they have heart attacks, heart failure depends on a number of variables, number one how severe they are but also the medical treatment they're getting. >> do they pay attention to those symptoms? some of the things we're describing, shortness of breath. you could think you're having a bad day. >> absolutely. the signs of heart failure and disease can be confounding. sometimes heart attacks don't always present with chest pain. it may be pain in the neck, jaw,

shoulder s or arms. >> it gives us a window into the man also. there's a public service message to why he's doing this, because so many people deal with it. the details about it was so severe, so much risk to the surgeries because of his condition that he said good-bye to his family. >> it sounds very, very severe. you know, i have patients every day that are dealing with heart disease. and one heart attack is enough to literally change the course of someone's life. i have patients that are changed people because they had a heart attack. i can't imagine what it might feel like to have five. >> and had a transplant, too. >> exactly. >> he's written a new book, he writes it with his cardiologist. his story while it seems miraculous, i think what you said is an important point. the folks at home, what is the takeaway? he had the best care and people by his side at all times and watching out for his well-being. somebody else that might be experiencing trouble may not have access to all of that. >> may not have access. that's a great point. a couple take-home messages.

i always say to people if you're worried about your symptoms, i probably am too as a physician. chest pain, pain in the neck or jaw, light headedness, disney ne -- dizziness, shortness of breath, if you're worried, i might be too. heart disease in this country is so huge. a leading cause of death. first things you can do. let's talk about smoking. if you smoke you need to quit. if you don't smoke, don't start. smoking is huge. quit smoking. it's really important. we talk about the obesity epidemic in this country. keeping a healthy weight is of utmost importance. that means exercises, too and watching the diet, a diet that's low in cholesterol and saturated fats. limit alcohol intake. it's important to see your doctor and talk about risk factors for heart disease. important issue. >> when you look at all of the take-home messages you said, it reminds me of something i learn a couple weeks ago. 80% of heart disease in women is

preventible. you can take your health in your own hands and actually help yourself. >> we bring on a lot of our own problems. >> important to note in the book, the vice president says that the transplant list that he was on, he didn't get any special treatment. he actually waited longer than the unusual wait because he wanted to make sure there was no preference even though it was a very extreme situation. >> now we see how extreme it was. >> part of the story. >> dr. jennifer caudle, thank you. indra petersons, time for weather. what do we know? how cold is it going to be? all your fault. >> always my fault. we had a cold front kick through overnight last night in new york. if you take a lack at new england, you can see the remnants making its way out. not a big change other than maybe a temperature drop. it was gorgeous the last several days. you were in washington, philly, d.c., new york city, you had 70s. d.c. was 77 degrees. unbelievable for october.

today, yes, since that cold front moved through it's milder. still, a hint above normal. 68 degrees in d.c. today, same thing philly, new york city, 67. gorgeous. a little bit cooler in the ohio valley as we have a series of these cold fronts making their way through. cold front after cold front, the one that's now offshore in the northeast here. the tail end could spin up a couple showers through texas, the carolinas, maybe showers for you. the next system will make its way through into the northeast, saturday into sunday. it will be similar. we saw pretty much last night, a couple clouds, drizzle, temperatures, a hint cooler. but there's nothing pager to complain about. that's always a good thing in the weather department. >> that's a good takeaway. >> there you go. thank you. >> indra gives us guilt about complaining about the weather. strong move. good timing. we'll take a break on "new day." within we come back, can't pick stocks? how about jocks. we'll tell you about what could be the next big thing in investing. buying a stake in people.

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one of the best bass lines you hear in the morning. you think you know who's a real star? step up, my friend. it's time for you to cash in on your genius. a new company, fantex holdings.

to explain, christine romans is here. how did z this work? >> stock in a jock. so far it's just one. arian foster. a houston texan running back. >> man monster. >> people like him but if you really love -- i had to study up on this. there he is. you could buy a share of him. foster gets 10 million bucks, right? investors then get 20% of his future income. that's contracts, endorsements, appearance fees. you're literally buying stock in a sports star and betting, essentially, or investing, that he's going to have a long and lucrative career. >> athletes need to sign on to this. >> obviously. >> otherwise it's called indenture servitude. >> what does the athlete get out of this. >> they get money up front and they get kind of the partnership

with fantex to build a brand and build a brand that will get money and recognition. >> jocks don't get guaranteed money very often. this is guaranteed money. >> that's right. that's right. >> this is guaranteed money for the big stars, because they're only talking about upper echelon guys, are they not. >> just like stocks. >> we'll see if they get more people on board and see if they have an exchange. it will be like fantasy football with real money and you're investing. when you look at the s-1 filing, 37 pages of risk factors. you know -- >> the rich people rule, they're letting anybody invest in this that's over 18. >> they're trying to make it available to people who are sports fans. >> it's risky. >> if all sports fans, can you invest in anyone then? is that the next step? >> isn't it creepy to be investing in that -- >> can we talk about moral concern at all? i understand sports stars are

essentially treated like commodities already. isn't this taking it to a whole new level? that could be concerning for some people. >> it's all about business, my friend. it's all about the business. you can invest in oil companies. you can invest in banks. maybe you don't love the fees. >> these are people, though. >> so far just one, aryan faster. there was a beatty version of an app that went live a little bit like last month. a bunch of other names on the list. maybe they're hoping to build a whole stable, i guess. >> it's been done before. they used to call it securityizing revenue streams. >> in the 1990s, there were bowie bonds. you could invest and get a return on bowie bonds. most of these have been novelty investme investments. >> i would do a head strategy. go long on you three and short on me. you balance the books. >> go short on the tall guy. >> short on the tall guy. let's take a look at our

must-see moment. it's quite wonderful. everything can be played on bottles is their mantra. guess what song these guys are playing? they're the bottle boys. ♪ >> "under the sea." >> if you have a child at home, you know it's a disney classic, went under the sea." it's the latest string of popular tunes. they've done "call me maybe," "poker face" by gaga. recently they shot this video in borneo in the pool. we may have discovered where the missing -- >> that is a lot of pappy van winkle. >> he has serious neck muscles to be able to do that. >> it's not only funny, it's actually very talented. >> been waiting for this segment all morning. >> he'll use that one like he did the porpoise. >> no, that's a legend.

>> we use them until they are dead. >> that's going right into the museum. coming up next on "new day," the government -- christine, hold it together. the government is back up for now. are we facing another shutdown showdown at the start of the new year? one republican senator refusing to rule that out. >> imagine investing in politicians. talk about a short strategy. and two young florida girls, you'll remember this story, we'll keep following it. they were charged with stalking a 12-year-old so relentlessly, she took her own life. now there's a proposal that could punish the parents. you won't believe who's behind it. we'll have them on the show. ♪

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you know, kate, when people talk about great football teams, the seattle seahawks don't usually come to mind first. that may be about to change. they are off to their best start in franchise history, just killing it. let's bring in joe carter with this morning's bleacher report. did i say anything that was less than 100% true? >> never. >> absolutely. imagine if the dallas cowboys were 6-1 or maybe the atlanta falcons or the giants were 6-1. they'd be making front page news across the country but the seattle seahawks stuck up there in the northwest, quietly flying under the radar as they dominate the nfc. a quick note, check this out, marshawn lynch, dude likes to eat skittles during football games. he's done it since he was 12. his mom calls them power pellets. she says it helps her baby run fast and play good. if we're going to invest in athletes, i really like russell wilson. dude's awesome. three touchdowns last night. he gets better with each game.

he led his team to a 12-point win. seattle is off to a 6-1 start, first time in franchise history they're 6-1 to start the season. let's talk baseball. the red sox are one win from the world series. they beat the tigers 4-3. boston scored all its runs early in the game. detroit fought back midway through but could only cut the lead to one. the series shifts back to boston, game six is tomorrow. the red sox, of course, can close it out with the win. if not, we'll see a game seven on sunday. we have the cardinals and the dodgers guys tonight. that's the decisive game six for the cardinals. if they win, they close out that series. a lot of important baseball obviously tomorrow and tonight. >> which means i'll be staying up late and way past my bedtime. >> john berman was walking around. i said, cow, this is kate's team, her husband is a big fan. you're the red sox. he said i don't care about kate or what her husband likes. that's what he said. >> you cannot put a wedge

between berman and i. >> just saying. that's what he said. joe heard it. >> i heard it. >> thank you. have a good weekend. we're now at the top of the hour which means it's time for top news. the american people are completely fed up with washington. the president trying to restart immigration reform and budget talks. too much too soon? and a sign of things to come, there's already opposition to his new pick to head homeland security. new warning from a u.s. embassy that an attack similar to the one in that kenya mall may come soon. we have the gripping video from inside the attack. first on cnn. as the new suspect is named. speaking out, the nsa leaker edward snowden finally talking about what he did with all the secret files he stole. did he bring them in to russia with him? your "new day" starts right now.

>> announcer: what you need to know -- >> it made me mad. she should have told somebody. >> announcer: what you just have to see -- >> some little kid was ready to walk down here and die and glenn saved his life. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome back to "new day." it is friday, october 18th. 7:00 in the east. so much for the new normal. the government is getting back to business. that's good. members of both parties say they're going to get along. that's better. but are they just saying all the right things because it looks like bruising fights just around the corner, one of them president obama is expected to nominate a new homeland security secretary. lawmakers already lining up to knock them down. we'll tell you why. also an update on this really terrible story, the story of the two girls accused of

bullying another girl to death. they've been arrested and charged. but what about the parents? we'll talk to a prosecutor who is drafting a law that would hold parents accountable in cyberbullying cases. you'll never guess who's behind it. these fellows might regret filming themselves toppling a $20 200 million year-old rock formation. why they did it, coming up. the federal government is up and running, the debt ceiling has been raised. the shutdown may be over but there are plenty of showdowns ahead. cnn's jim acosta is at the white house this morning. good morning, jim. >> good morning, chris. you know, just about everybody here in washington expected the president to strike a bipartisan tone in the hours after the shutdown ended but instead, republicans got a stern lecture. that's an indication while the shutdown may be over, the white house anticipates there are more battles to come.

listening to president obama chatting with the italian prime minister it sounded as if he was ready for a vacation in tuscany. >> he will not have to twist my arm to get me to come to tuscany again, sometime in the near future. >> reporter: the president has no room on his plate for pasta not when he set his sights on passing a new budget, immigration reform and a new farm bill within the next 90 days. >> and we can get it done. if we want to do what's good for the american people. >> reporter: a task the president may have made more difficult for himself after railing against republicans over the shutdown. >> you don't like a particular policy or a particular president, then argue for your position, go out there and win an election. >> reporter: but he may get help from senate minority leader mitch mcconnell who told the hill newspaper there will not be a government shutdown. i think we have fully acquainted new members with what a losing strategy is.

former gop vice presidential candidate paul ryan called for bipartisanship in upcoming budget negotiations. >> we want to look for ways to find a common ground and get a budget agreement. >> reporter: tell that to texas senator ted cruz whose office tells cnn he's not ruling out another shutdown. and that's not all. the administration still has to fix those health care website glitches. >> nobody is more insistent that that work be done and the experience be improved than the president. now the next republican battle cry that can be heard here in washington is the fire, health and humeth services secretary kathleen sebelius. asked earlier about whether or not sebelius has the full faith and confidence of the president, white house press secretary jay carney told reporters, yes, she does. kate? >> jim, thank you so much. at the white house, president obama has been looking for someone to replace janet th

napolita napolitano. he's nominating jay johnson. former pentagon lawyer. this doesn't come without controversy. barbara starr is live at the pentagon with more details. good morning. >> reporter: good morning. jay johnson, very well known here at the pentagon where as the top lawyer he oversaw a staff of 10,000 pentagon attorneys around the world. very much a legal expert with a back ground in terrorism issues. he has spoken extensively about -- he believes the american people need to change the way they think about the war on terrorism, that it's becoming much less about military operations and much more about law enforcement and intelligence, very much in line with president obama's thinking. he's very much a supporter of using drones overseas for those targeted, very specific killing of suspected terrorists. he's even talked about the circumstances in which he supports the killing of americans overseas involved in terrorism operations.

so when it comes to his confirmation hearing, expect to see a lot of questions maybe about the use of drones here in the united states for border security, by local law enforcement and issues related to how to keep america safe here at home. that's a lot of what his focus has been about, kate. >> that will be the focus of the confirmation hearings. it's obviously a focus of some of the challenges he will be facing if he were confirmed and does take over the office. how does his job, his decisionmaking on the job, how would that impact americans? why should americans be caring about the next homeland security secretary? >> what a great question. you know, why do we care about this? it's one of the biggest bureaucracies in the federal government. but when there is a hurricane, an earthquake, katrina, hurricane sandy, when there is perhaps a large domestic terrorism incident, it is the department of homeland security, of course, that gets that federal assistance moving to

state and local governments. it's the assistance that people look for so immediately when there is a tragedy or a disaster. when the critics talk about the department of homeland security as being an unmanageable bureaucracy, jay johnson will have to bring it under control and make sure he can deliver that assistance when it's needed. kate? >> first up heeeds to make it through confirmation hearings. barbara, thank you so much for that. >> nsa leaker edward snowden back in the news, asking you to trust him. he says there is zero chance russia or china has any of his top secret files. of course he is presently in russia and wanted in the u.s. on espionage charges. the question, can you take him at his word. cnn's phil black is in moscow covering the story. good morning. >> reporter: hello, chris. yes, in an interview with the "new york times" carried out over an encrypted line service, edward snowden said he has enhanced america's national security. he believes by informing the

public and triggering a debate on electronic surveillance and privacy, america will be ultimately safer to continue operating in secrecy and in ways he believes cross the boundaries of the law. he's also responded to what has been a persistent criticism of his decision to come to russia, that by coming here, seeking asylum, he's become a russian intelligence asset, that inevitably, whatever information he brought with him has to be in the hands of the russian government. he said that's not true. all his classified documents were left behind in hong kong with journalists. he says there were no copies. there was no reason to bring copies with him. he's also confident the chinese spy agencies are unable to access that information. he knew their technical capabilities. he was able to secure that information from them. it all matches what edward snowden's father said to me here in moscow earlier this week when he was visiting, that is that he

believes his son, his son has assured him he has not been debriefed by any spy agency from any country since he fled the united states. >> that being said, u.s. authorities and the u.s. government still would like to have a talk with him, no matter if he didn't have the secrets with him still. thanks so much, phil black. let's go to michaela for the headlines. new charges against four former u.s. security contractors in iraq. the former black water guards are accused of using machine guns and grenades in an unprovoked attack that killed 17 iraqi civilians. they were guarding u.s. diplomats at the time. all four face multiple charges, including manslaughter. police are hoping a mother's voice will help them locate a missing teen who has autism. 14-year-old avonte oquendo vanished more than two weeks ago after walking out of school. he cannot communicate verbally. so a van with flashing lights is cruising around his new york neighborhood blaring a recording from his mother that says, hi,

avonte, it's mom. come to the flashing light. a $70,000 reward is also being offered for any information about this young boy's whereabouts. dozens of people arrested when an anti-frac'ing protest turned violent. police cars were torched, officers had to use pepper spray against demonstrators. the tribe is trying to stop a shale gas project they say will irreparably damage their land. frightening video capturing a 450-year-old church toppling during tuesday's powerful earthquake. the bell tower toppling to the streets below. people running for their lives. dozens of churches and thousands of homes have been damaged or destroyed. the death toll currently stands at over 160 and there are at least 20 people still missing. >> talk about the one that got away, a 9-foot tiger shark gave

a florida fisherman a run for his money. paul coleburg struggled for 20 minutes trying to reel in that big fish. the shark dove deep, snapping his pole in half. afterwards colbert said it felt like he was pulling a semi truck. familiar, cuomo? >> nope. >> that is huge. my goodness. >> no interest in that. >> that's not the kind of fishing you like to do? >> no way. i only catch what i'm going to eat. some sharks you can eat. not for me. it stinks that he lost his pole. >> the risk you take on. let's get over to indra petersons with the latest this morning. >> points for the shark. that's all i'm saying. we're looking at the same front that moved through overnight last night over the northeast. still the remnants of it moving through new england. look at the unbelievable temperatures we saw yesterday if you were in d.c., philly or new york. 70s and even some upper 70s out

towards d.c. say we are going to see the temperatures back off thanks to the cooler air that will move through. still mild. still talking about upper 60s in the area the real story will be we have a series of those cold fronts continuing to make their way through. here's the first one that kind of moves through. tail end of it around the gulf and texas. the next one in the northeast saturday through sunday. it's the third one we'll start watching. it's this one way up here that's bringing cold air from even farther way up there. canada, all that cold air starts to dive down. we are going to see a change by the end of the weekend if you're in through minnesota, the northeast, that cool air will make its way in through next week. look at the difference. this is yesterday's highs. pay attention up here around minneapolis. notice how cold this air is. by the beginning of next week, they are down through the 40s. all that cold air eventually pushes into the northeast by next week. pretty big change. we'll start to see the cooler

air be the next pattern. as far as today, here's what you're looking at memphis 72, atlanta 73 and d.c. at 68. yesterday was not that bad. cloudy, drizzle, same thing for the weekend. >> okeydokey. >> coming up on "new day," what do we have. >> concerns a u.s. diplomat post in uganda could be the target of a terror attack similar to the one on that mall in kenya. a live report just ahead. this is bullying awareness month. we have a story in the news that shows just how bad bullying can get. there's also a law that may be coming that could change everything. we'll tell you all about it. start up like this...

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welcome back to "new day." did you know that october is

national bullying awareness month? well, it is. that's one of the reasons we're keeping you aware of this particular story. you're looking at rebecca sedgwick, 12-year-old girl. two teen girls have been charged with a felony in connection with her death. cnn is now identifying them because authorities are putting out their names as well. the more we learn about what happened here, the more senseless it gets. it may have started out being all about a boy. and he has decided to speak out. take a look. >> this shocked me, made me mad, you know. she should have told somebody. >> reporter: rebecca sedwick's exboyfriend also dated one of the girls arrested for bullying her to death. his relationship with sedwick may have been the reason the bullying started. >> just say something. >> reporter: this is the girl who reportedly also dated borgen. she and 12-year-old kaitlyn

roman were arrested and charged with aggravated stalking. when i interviewed guadalupe's parents, they said they didn't know about the boy trouble or bullying. >> did you know other kids were giving rebecca a hard time. >> there was a time one girl was bullying rebecca but she came to her for comfort and you know, my daughter was always there for her when rebecca needed her. >> they were friends at the beginning and then for whatever reason, you know, they stopped being friends. >> unfortunately they're just in absolute total denial. >> sheriff grady judd told "new day," if he determines he can hold the girl's criminally responsible, he will. >> this bullying has gone on since last november, both in person at school and over the cyberworld. there's a significant problem and it started at home. >> reporter: meanwhile, some lawmakers are pushing for a

provision in an education bill that would deal specifically with bullying. >> the measure calls on schools to report incidents of bullying to paul ryans and others. so that we can try and prevent such conduct in the future. >> families all across the country have called out for more laws, better ways to hold people accountable in these situations to help the problem stop. there may be a solution. let's bring in criminal defense attorney and cnn legal analyst, mr. mark o'mara. he's drafting a new law that would hold parents accountable for cyberbullying. >> great to be back. >> let's take one step sideways and use legal analysis. give us an idea of the legal land escape nationally, specifically in florida when this happened, when are parents criminally responsible for the actions of their children? >> we know for example in florida they're criminally responsible if a child gets to a gun and uses the gun, we hold the parents responsible.

there are statutes that have been interpreted to say if the child gets to a car and uses the car, the parents can be criminally responsible for that. in this case, i think there's a good reason to. >> why? make the case. you know the other side is kids will be kids, you can't control them. nature versus nurture, you lose when they get outside in the world. you can't hold parents responsible. what's the other side. >> the other side is we make sure that parents get their kids to school. parents can be held liable for that. we have other responsibilities that the parents have to do on behalf of their children. the reality is, that the internet is a wonderful thing but it's like a knife. it can be a scalpel, it can be a deadly weapon. this case, we look back and say this wasn't an isolated event. if the parents were not aware of what this child was doing, they should be and they should be held responsible. we now have an opportunity, an obligation to look at what our children are doing online and make sure they're doing it

responsibly. parents have the responsibility for their children that now extends to a brand new landscape, the internet. >> so what would the law be? what would the punishment be? >> i think we have to be realistic and like you say, kids will be kids and we have to look thethoat those cases and say th parents have acted in a negligent way. parents have a responsibility to be aware of their children's online presence. if it's a one isolated event, certainly that can't be held responsible. in a case like this where it happened for 11 months on various different landscapes or platforms of social media, the parents have to take on the responsibility. they can't just sit back and say, i'll close the desktop or take off the cell phone away from them. they have to look at it and be realistic that this can be a dangerous tool. this truly is an example of how it can be. this child did not have to die. >> absolutely true. let's push on the facts here.

the parents say, one, their daughter didn't do any of this, this facebook message that showed this gross indifference to the kid dying, allegedly, the teenage girl who's been charged, put a facebook post out that says what you read on the screen. they say she didn't send it, she was hacked, say they checked her facebook almost remarkablremark. if they're telling the truth, do you think they fit under cu culpability. >> i'm not sitting here saying we have a death, we have to have a responsibility. what i do know is that this case seems to be the poster child for a situation where this girl was able to get away with cyberbullying for 11 months and we have to look at those who are responsible. if it was happening in a classroom we would say to the teacher, how can you not know? if it was happening from the

gymnasium, we talk to the gym teacher. if it's happening at home or those areas where the parents have specific responsibility. the parents probably set up the facebook account for this child. we have to know the parents can be responsible for it. it's new and we understand there's going to be a learning curve but that learning curve should not have victims like it did have in this case. >> the sheriff says this happened in the real world as well. it happened at school, the kid had to be moved from school, they had to switch classes around. a lot of heavy allegations. why are you getting involved in this, mark? what pushed you to do this? >> a couple things, real quickly. i had started a justice outreach program to try and get to kids in the juvenile justice system. if you can get to kids at 10 and 12 we'll be able to change their direction or trajectory. that was a sensitivity. in this particular case, i think i was most incensed, i've had a bunch of cyberbullying cases. i think i was incensed by the fact this child, 14-year-old

guadalupe, after the death would be so desensitized that she would put something on facebook. what that told me was that this whole internet presence and the children's exposure to it is not just parents' responsibility for not watching their kids but we seem to be growing a generation of kids that are completely desensitized to the reality of causing death. there is not a reset button in rebecca's case. >> as we know, with this bullying, it's not going to change until the culture changes. that requires changes at all levels. we have to be intelligent about we don't want to swing the pendulum too far the other way, especially when kids are involved but we have to do things differently. mark o'mara, thanks for coming on the show, as always. read more about what mark's proposed law is by going to cnn.com. let us no he what you think. use #newday. an embassy on alert. u.s. officials warning of the possibility of another attack

similar to the kenyan mall massacre much more on that threat, ahead. plus, a join the prehistoric boulder pushed over in a national park pap high fives all around. but now these guys, the guys who did it are in pretty hot legal water right now. the details, coming up. >> yay! i'm angela, and i didn't think i could quit smoking

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>> announcer: you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. welcome back to "new day," everyone. it is friday, thank goodness, october 18th. coming up in the show, ted cruz is the texan who led the republican charge against obama care in the shutdown fight.

is he finished or is he only getting started? plus we keep telling you about bullying. this is bullying awareness month. it's a good time for facebook to loosen its limits on what teens can do? is this a good move for the company? we'll tell you about the policy and why they say they're doing it. first this morning, the u.s. embassy in kumpala, uganda, on high alert. nima elbagir is with us. >> reporter: the interception of the phone calls are being received by the westgate mall attackers, some of them were coming from uganda. it is that feeding into the broader fears that have spurred this terror alert from the u.s. embassy in kumpala. take a look, chris.

the alert is stark, the u.s. embassy in uganda continues to assess reports that a westgate-style attack may soon occur in kampala. at this time, there is no further information on timing and/or location on this attack. the attackers are relentless in this video obtain by cnn. watch as unaware shoppers suddenly run for their lives. a wounded man tries crawling to safety but the gunman returns. outside, helicopters circle and you can hear the gunfire that's coming from al shabaab attackers combing the hallways. civilians run and crawl to wherever they think they can to survive. in a supermarket, the massacre

continues. surveillance video shows the hostage roundup has begun. a mother and her two children push an injured child in a shopping cart, a bloody teenage girl follows, her hands in the air as the gunman points the way. hours later, they're released. the u.s. embassy in uganda is providing no specifics at this time but are asking american citizens to be careful. to give you a sense of how broad and entrenched this terror network really is, we also understand that the target of the failed u.s. navy s.e.a.l. gravitant in somalia, he's believed to be connected with the terror alert the u.s. embassy is raising in kampala. norwegian intelligence are currently here in kenya investigating that link, kate. >> seems like with the information that you have, good reason that the u.s. embassy is

on high alert at this moment. nima, thank you so much for that. i know we have the video that nima brought to us yesterday, it is so chilling to see the ruthless way that those men walk through that wall indiscriminately taking people out. >> it reminds for all the righteousness of the talk about the cause, they are armed men going after innocence and butchering them. there are no bravery, no righteousness to their actions. it is a horrible reminder. our thoughts and prayers go to the families of all those hit by these men. let's go to washington. a story we have been talking about all week. if you did not know senator ted cruz before the shutdown, you do now. he led the charge against obama care and shot into the national spotlight. even though many see the battle as a loss for republicans, could be a big win for at least ted cruz. cnn's athena jones is in washington and has more. failure has never looked so good. >> this is a terrible deal.

>> reporter: perhaps that's because senator ted cruz does not feel beaten. the day after cruz was defeated in his battle to defund obama care, he was out shaking the hands of world war ii veterans. >> the american people continue to rise up. we're going to turn this around. >> reporter: cruz has energized his base. a pugh research center poll released this week shows his popularity soaring among tea party republicans, jumping to 74% from 47% in july. >> out here in the real world, outside of new york and washington, d.c., these people think ted cruz is a hero. >> reporter: and donors are supporting him in a big way, to keep his fight going. cruz has reportedly raised $750,000 these last few weeks. the president may think he silenced cruz who famously spent 21 hours on the senate floor railing against obama care. >> do i not like green eggs and ham. >> reporter: cruz's obama care

fight has not been without a price. >> his colleagues in the senate look at him as an adversary, a troublemaker. as a problem child. not as somebody they want to cooperate with. >> reporter: his hometown newspaper sharply critical of his performance since their endorsement last year. the tea party vows to fight on. the damage for republicans is undeniable. >> he may end up leading a party, the question is, is it a party that can compete nationally either for control of congress or the president? >> reporter: the cruz factor giving late-night comedians plenty of fodder. >> president obama has said that the day after the budget deal is made he's going to concentrate on immigration. yes. he says he'll start by deporting ted cruz. >> reporter: athena jones, cnn, capitol hill. all right. time now for our latest headlines. a manhunt is under way in florida for two convicted killers, following a bizarre prison break. charles walker and joe jenkins were freed after prison officials received forged

documents stating that their respective sentences were reduced and granting them release. investigators say it's not clear who folked the signatures of a prosecutor an a judge. those inmates were serving life sentences for murder without the possibility of parole. we'll have more later in the show. attorneys say an ohio man who confessed to dui deserves a reduced sentence for fessing up. he admitted to causing a fatal wrong-way crash. he pleaded guilty last month. prosecutors are seeking the maximum, more than eight years in prison. sentencing is schedule for october 23rd. if you are driving a toyota, pay close attention. the carmaker announced a massive recall involving more than 800,0002012 and 2013 camrys, avalon and venza. officials say in some cases, the problems caused by spiders. the bug. an actual bug. . a good night's sleep can

clean your brain and slow down dementia. they conclude sleep gets rid of the gunk that builds up in our brains when we're awake and may be critical in the treatment of people with alzheimer's and other mind disorders. people who didn't get enough sleep had trouble with reaction time. >> thank you, michaela. >> you're welcome. check this out, a 200 million-year-old boulder at the center of a criminal investigation. three guys pushed over the boulder. an investigation is now under way. it starts like an ordinary tourist video, three boy scout leaders posing alongside a 200 million-year-old rock in utah. one of them starts to wiggle it. >> wiggle it just a little bit. [ laughter ] >> but it's no laughing matter. these men could face felony charges for toppling that ancient rock. the sand stone boulders date

back to the jurassic period and it is against the law to deface them. a park official calls the video disturbing, sad and hard to watch. >> we're very concerned and upset that somebody would come and destroy this natural wonder that took millions of years to be formed. >> it was pushed off. >> the accused vandals said they thought toppling the formation was a good thing. >> some little kid was about to walk down here and die and glenn saved his life by getting the boulder out of the way. >> they tould them the rock was unstable and he was afraid it would fall and harmed someone. >> that thing wobbled. i looked at the main path, and thought one gust of wind and a family is dead. i don't regret it one bit. >> would you go 'do it again? >> absolutely. absolutely. it's all about saving lives here

in goblin valley. >> the park's deputy director says in his 22 years no one has ever been hit by a falling goblin rock. authorities are still looking at this. they say these guys probably would not have gotten caught if they hadn't boasted and posted the video on facebook. >> there's the moral of the story here. come on, folks. >> you think that their defense is true. >> i'm concerned. i want to know if they knew, that these rocks are different posted that these rocks are different from other rocks. otherwise you have to give them a fair hearing on it. i'm not joking around. this is a felony couldn't. you better prove they knew what they were doing, otherwise -- >> they are investigating. >> why are they going so far down the road of explaining it. >> you have to have an opinion. i can see you're holding it back. >> i think they were out there horsing around. i don't think they were trying to save people.

i think they were horsing around and boasted about it on facebook and got busted. >> was their intent to vandalize? that's the key question. >> the intent. coming up on "new day," facebook is relaxing its privacy rules for teenagers. okay. national bullying awareness month. we keep hearing about how kids don't know how to use the new tools and parents can't keep up with it. is this a new idea? we'll lay it out for you. and melissa mccarthy is featured in "elle's" hollywood issue. this picture is creating all kinds of controversy. we'll talk about it. "parts unknown south africa" airs sunday at 9:00. here's a quick look. >> this friend of mine is a great travel rider who i admire a lot. said something i often refer to, the more i travel, the less i know.

i feel that particularly strongly here in south africa, a place i came in a state of near total ignorance leaded with preconceptions. and i can't say i'm leaving any smarter. i guess what i do think is it's a hell of a lot more complicated here than i thought it was going to be. i do feel very much that if things worked out here, the human race is capable of getting it right or even remotely close to right here, maybe there is hope for us all. but i just don't know. do you? waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day.

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bruce can make even the rain feel right. let's go over to indra petersons and see what's going on with the weather. >> because i'm getting teased right now because everyone is showing snow. i just want to remind everyone, i like snow when there are mountains. you can go snowboarding in this. this is denver. we've been talking about flurries falling overnight no the morning hours. yes, right on time they're getting their flurries. cheyenne, they got 5 inches of snow. the same system is still currently in place. we start to see the snow wind down thanks to a frontal system extending now really all the way back in through colorado exiting off to the east and drying out as it does so. the reason i talk about that cold front we have a series of them.

remember we had a little bit of drizzle in the northeast last night. that is the first one. i'll call this guy number one. that's exiting off the northeast, tail end bringing in showers down through texas and the gulf, especially, because a low spun off of it in the carolinas. a little bit of rain. we talked about the snow there. it is the third one, right here, that everyone will be focusing on as we go through the end of the weekend and in through next week. the reason for this, you'll start to feel the pattern change. the actual real cold air coming in from way up in canada will start to dive down. remember with each cold front that passes through we'll get a little bit cooler. third one in the line got the biggest umph to it, the most powerful one. this is what it looked like yesterday, upper 70s in d.c., 59 in minneapolis. i'll drop you all the way in through monday, the end of the weekend, notice the cool air that's in place after three cold fronts go through. down to the 40s in minneapolis, again, eventually, all that cold air spreads to the northeast by the end of next week. you'll feel the big difference

and the change in the pattern. today, though, enjoy it. beautiful start to the weekend. atlanta, 73. cool in denver. i think they're loving that, flurries and 46 degrees for the high. back to you guys. >> indra, thank you so much. of the many things that october marks it also marks the tenth anniversary of national cybersecurity awareness month. and cybersecurity more crucial than ever for social media, companies like facebook. the company raising eyebrows before over a recent announcement that they'll loosen privacy restrictions for young teens. let's bring in host of "techbytes" brett larson. we want to talk today about bullying, a lot of it starts on these social media websites. at first blush this seems like a terrible idea. >> it really does. a lot of privacy advocates and children's advocates are saying this isn't a good time to do that. it's not a good space to do it. basically what facebook is saying if you're 13 to 17 and using their site, you can post

things and they can be public. >> you mack a choice. >> it's a choice. it's not automatic. when you write your post you have to say, okay, i want this to be totally public. facebook says they'll warn these kids that this post will be made public which means everybody will see it. we're talking about teenagers. >> we were teens. we remember. >> i remember my lack of impulse control when i was 13 to 17. >> yes. >> is facebook explaining the reasoning behind it, not just the timing but why make this move? >> they're saying that it's to keep up with other social networking sites. >> really? >> twitter and the ask.com. they're open to all that sort of thing. and there's ad revenue based on this. >> one subject of parental control, can you control it? >> if you do control your child's account you do have parental control. >> what complicates the analysis

here is the age group. >> yes. >> because 13 to 17 -- >> vulnerable. >> it's going to get dicey. my kids are younger. younger kids you don't want them to have this discretion. as they get older it starts to become more their business. so it's going to -- it's a tough age range to monitor. it's they do. they are in complete control. and worse, they know how to hide all this stuff from their parents. we are definitely in the world now where the kids know more about the technology than their parents do. >> shocking, shocking statistic and sobering. and this was done out of britain. they're saying 87% of bullied teens were first targeted on facebook. that was a study done out of britain but points to the fact this is a place where they shouldn't be loosening restrictions. >> no, clamp down. facebook, it's a difficult thing for them to deal with, because if they lose these kids from 13 to 17, if they go somewhere where they have freedom, they're going to stay there. >> everything starts on facebook, because it's the

biggest site. >> they've got to counteract with other security. >> we always say, where does the responsibility of facebook -- it's a company, and the responsibility of the parents begin. >> what's interesting, though, why not -- why facebook doesn't launch a side site for the 13 to 17-year-olds where there is some level of safety, there is a higher wall and mormon torg in place. because you're absolutely right. bullying online is inhe is capable, worse than in the classroom. >> brett larson, tech bites, love it. coming up next on "new day," what do you think is wrong with this picture? not this, this picture. melissa mccarthy looks great on the cover of "elle" magazine, so why are so many people talking about it? we're going to talk about it

. welcome back to "new day". actress and comedian melissa mccarthy is responding to controversy over her magazine cover. what's going on? >> another day, another controversy. it's friday. i'm going to call this flip-flop friday. i have totally changed course on my opinion. everyone is up in arms about her on the cover of "elle" magazine. it's their women in hollywood issue, this month. look at her there. i think she looks gorgeous. she looks sexy, chic, the hair

is to us he willed, but the controversy is she shares with reese and penelope cruz. reese is in undress, not naked, but far less. penelope was pregnant at the time. critics are saying why is melissa mccarthy covered up? >> look at her. >> right. she was pregnant. my thing here, yes, we know hollywood has a fixation with weight. i don't think this is what it is here. i don't think you have to be, like, without any clothes on to look sexy. i think her cover is the most beautiful. >> i do want to buy that coat. >> thank you. i was thinking the same thing. i was like that's a bad coat. >> work with these actresses and movie stars to find the cover -- >> you saw that cover. >> yeah, you saw it. >> you're right, though. >> work with them to find a way they're comfortable. >> i would assume and hope that

melissa would have the signoff on what she wanted to wear. >> she didn't have to hide behind -- >> she did tell them. >> thank you, chris. no, she did. she spoke to my good friend kevin frazier at omg "insider" and said she grew up with "elle" magazine. she loved it, she was nervous, had never done anything like this and she thought it was amazing. we had this conversation yesterday, chris. if the person who is supposed to be offended is not offended, why are we offended? >> you know what we call that in the show? >> what's that? >> a nontroversy. >> friday fantastic. that's great. >> a nontroversy. it be has been ruled. >> can i create a controversy, though? >> in the break. >> it's this morning. you like the tigers, john berman likes the red sox and i am a st. louis cardinals fan. >> michelle is now not allowed on the set. >> tonight, folks, game six. let's do this. >> taking a break here so that everybody can fight.

when we return. speaking of fight, government workers shaking off the cob webs after a 16-day furlough. that's good. could they be off the job again come january? better not be. the latest from washington. plus, a pretty outageous prison break. guards walking two convicted killers to the front gates and letting them go. now a manhunt is under way and we'll tell you how it went down. d" ♪ ♪ so you can get out of your element.

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nothing has done more damage to america's credibility in the world than the spectacle that we

have seen these past several weeks. >> the battle ahead. the president looking to jump start immigration reform and budget talks, but just one day into the new normal, his new nominee for homeland security already drawing fire. prison break. two convicted murderers on the run after court orders called for their release. the twist, they forged the documents. creatures from the deep. what is with the bizarre sightings up and down the coast. this giant sea serpent, we're on the case. >> your "new day" continues right now. what you need to know -- >> not enough to know that he's free on the streets. it's frightening. >> what you just have to see. >> they seem kind of sea monsterish, so it catches a lot of attention. >> this is "new day" with chris cuomo, kate bolduan.

>> it's friday, october 18th, 8:00 in the east. coming up in the show, washington just went through a bruising and embarrassing battle over the government shutdown and the debt ceiling. but another one could be right on the way, just what you wanted to hear to start your weekend. the president is about to nominate a new homeland security secretary. so will congress let his nominee go through? what a story. this utah doctor on trial right now, accused of murdering his wife with an overdose of drugs. the motive? to be with his mistress. that's the prosecution theory. we're going to look at the twisted details with hln's nancy grace. the twil just getting started. she is live at the courthouse this morning. and a city on alert, the desperate search for a 14-year-old boy with autism has gripped new york city. police are using a unique way to try and track him down, using his mother's voice. details coming up. first this hour, with the government reopened, talk on capitol hill now turns to a new budget, the hope of a new budget. the house and senate conferees

getting to work on trying to avoid another government shutdown in just a few months. jim acosta live at the white house with more on this. another day, another battle on capitol hill, jim. >> what else is new, right, kate? everybody in washington was sort of anticipating that the president would strike a bipartisan tone in the hours after the shutdown ending. but instead, he gave republicans a stern lecture. that is an indication that while the shutdown is over, this white house is anticipating many more battles to come. >> it's wonderful -- >> listening to president obama, chatting with the italian prime minister, it sounded as if he was ready for a vacation in tusk tusca knee. >> you will not have to twist my arm to get me to come again in the near future. >> reporter: but the president has his sights on passing a new budget, immigration reform and farm bill in less than 90 days. >> and we could get them done by the end of the year. if our focus is on what's good for the american people. >> reporter: a task the

president may have made more difficult for himself after railing against republicans over the shutdown. >> you don't like a particular policy? or a particular president? then argue for your position. go out there and win an election. >> reporter: but he may get help from senate minority leader, mitch mcconnell who told the government newspaper, there will not be a government shutdown, i think we have acquainted members with what a losing strategy is. former gop paul ryan called for bipartisanship in upcoming budget negotiations. >> we want to look for ways to find common ground, to get a budget agreement. >> reporter: tell that to texas senator ted cruz, whose office told cnn he's not ruling out another shouutdown. the president could also have another fight on his hands over jay johnson, a former military lawyer and fund razise er said the day will come. >> we should no longer consider

ourselves in a traditional-armed conflict against al qaeda and affiliated groups. and i think benghazi is a prominent example of what i'm talking about. because you can't label the benghazi attack as something conducted by al qaeda and associated forces. it was more of a mixed bag. >> reporter: now, the president is scheduled to nominate jay johnson for the position of secretary of homeland security later on this afternoon. but already, a key republican senator on the senate judiciary committee, jeff sessions, has said he is concerned about johnson's nomination. said that johnson basically may not be ready for the job, and referred to the department of homeland security as perhaps the most mismanaged in the entire federal government. chris? >> well, jim, thank you for that. and thank you for teeing up what may be a window into the next set of controversy. so as jim acosta was reporting oh, president obama is set to nominate jay johnson to replace janet napolitano as secretary of

homeland security. may not scream as as controversy to you, but already, there are rumbles of opposition. why? barb ara star joins us. >> we know jay johnson oh very well over here at the pentagon served as general counsel, overseeing 10,000 attorneys around the world. no question about his legal capabilities, very experienced in counterterrorism. in the legal use of drones and targeted killings overseas. and as you saw in jim's piece, he's been making the case that the war on terrorism needs to shift from thinking about military operations more into intelligence and law enforcement. that's in line with president obama's thinking, of course. so that's where jay johnson comes from, with his pentagon background, his work as a federal prosecutor, also an obama loyalist. make no mistake about it. but what is he walking into? well, the department of homeland

security often criticized for its massive bureaucracy, he will be walking into the huge political firestorm, of course, about immigration reform, about border security, issues that people may decide to criticize him on for not having a lot of experience in. but also, as dhs secretary, he will be very important to americans if there is another natural disaster, earthquakes, floods, perhaps a domestic terrorism incident, because, of course, it is the department of homeland security that monitors and brings that federal assistance to people when it's most needed. chris? >> thank you very much, barbara, appreciate the reporting on that. i guess we'll have to watch. >> you're absolutely right. let's go to florida now. a manhunt in florida for two convicted killers mistakenly set free. joseph jenkins and charles walker were both serving life sentences for murder. how did they escape? by simply walking through the

prison guards. we're live in orlando with more on the story. unbelievable, john. >> reporter: yeah, kate. you and i and all the viewers know the great spy movies where someone walks into the back room of a neighborhood bookstore and gets a phony passport, phony identification. well, they kind of did that. they literally duped the department of corrections with forged documents into an early release. 9 years old. he was just 9 when roscoe pugh iii saw his father gunned down during a home invasion robbery. >> since i was 9 years old, i said my life would have been different if i wouldn't have seen it. >> reporter: now, 15 years later, roscoe is reliving the nightmare. on september 27th, this man, joseph jenkins, serving life for the murder of roscoe's dad, was mistakenly released from a prison in franklin county in the florida panhandle. for roscoe's mom, it's

impossible to comprehend. >> it seemed like my whole world came down on me. i thought i would not have to see them ever again in life, because they had life sentence plus 100 years. >> reporter: if one convicted murderer set free by accident isn't enough, there is more. a week and a half after jenkins went free, so did charles walker, convicted of second degree murder in a different case. and get this. walker walked out of the same florida prison. how is that possible? forged documents ordered the releases, and on them, the forged signature of orange county judge, belvin perry. >> so they even got letterhead. >> reporter: because he's a high-profile judge, perry says he sees how it's possible no one would question it. and he's not entirely surprised. >> people, particularly people with criminal minds, come up with ingenious ways to beat the system. they have nothing but time on their hands. >> reporter: the florida

department of law enforcement was only notified of the mistake a couple of days ago. corrections officials say they followed department policy and procedures. >> those inmates were released based on those court orders that we received. the orders were later determined to be fraudulent. >> reporter: it's a snafu that has residents of the area and the pugh family living in fear. >> and now to have to know that he's free on the streets is frightening. it's terrifying. >> reporter: so how did law enforcement find out these guys were out? well, they found out from the family of one of the victims. the family called the state attorney's office here in orlando and said, hey, how come this guy is out? the state attorney's office then calls the florida department of law enforcement and the department of corrections to tell them, and that's how this all unfolded. but they had already been on the lam for two or three weeks before the word comes down they're out. we don't know how the family

found out that the guy that had killed their father was out. but that's how the state found out. chris, kate? >> they have got a whole mess on their hands they need to figure out. and as you heard from the family, john, they're scared. these men are dangerous. and now they're out there. john zarrella, thank you so much. it was a week and a half between these two guys. they should have figured it out in a week. >> and john raises the interesting question. how did the family find out? luckily they communicated the information. thanks to john zarrella. a lot of other news. >> the headlines this morning. good morning to you. edward snowden breaking his silence, zero chance his top secret national security agency files fell into the hands of the russians or chinese. snowden is wanted in the u.s. for passing classified documents on to journalists. he has been granted temporary asylum in russian. fear of an attack in uganda issuing an alert this morning. officials are concerned about an

attack similar to the kenyan mall massacre. u.s. official telling cnn the threat is still being vetted to determine its authenticity. meanwhile, kenyan counter terror sources are investigating a norwegian citizen as a possible suspect in those nairobi mall shootings. the baggage handler accused of exploding bottles of dry ice at los angeles international airport pleads not guilty. 28-year-old di carlo bennett charged with two counts of setting off the blast for his own amusement in areas off limits to the public. he could face up to six years, if convicted. and here's a question. how far is too far when it comes to a halloween scare? well, i wonder if this might be it. an oklahoma family going all out this year, decorating their yard with ghosts, tombstones and two fake dead bodies in the driveway. one was positioned to look like it had its head crushed by the garage door. the other was placed under a car as if it had been run over.

apparently neighbors so frightened, one of them called 911. >> and captain sensitivity, this bothers you, because -- >> i don't do you think it bothers me? >> no question it bothers you. >> captain sensitivity. i will wear that! >> yeah -- >> own it and buy a cape. with an s on it. >> still wondering -- it's halloween! >> it is. it would scare the -- out of me. >> it is scary. definitely agree on that. >> what do you have for us? >> more snow. >> we have to show this again. come on. beautiful. this is literally live right now. looking at flurries falling just in time for the season. exactly the time of year they see it. they're only expecting an inch or two, if that. so just a couple flurries. we'll show what it actually looks like on the map. you can see, yes, it's falling, expected to dry out as it makes its way east. but we'll zoom out here, you can see it doesn't look like that much going on, maybe showers around the great lakes in that system we just showed you, but

there is still a weather story and it's going to be a series of cold fronts, just very moisture-starved so what you're seeing in denver is moisture getting out of this. first one we saw just a couple sprinkles in northeast last night. that's making its way offshore, so cold front number one. the second guy. if you're in the north east, med atlantic, look for pretty much the same story saturday night through sunday, maybe extra clouds, a few more sprinkles. but not really much in the way of rain. and notice the third one, way up here. and that is key. it is way up here by canada. well, all of this cold air is going to be diving down, and we are going to finally see that big change you expect to see in fall and switch up our weather pattern, at least for the end of this weekend in through next week, as all of that arctic air makes its way through. here's what it looked like yesterday. notice upper 70s around d.c. yesterday, 77 degrees. notice minneapolis, 59. by the time we get to next week, we're talking about some 40s. that cool air spreads into the northeast by the end of the week. not in the 40s, but still 50. so either way, the change for

fall is finally here. celebrate. >> thank you. >> autumnal. >> what? >> i like that. >> you taught it to me. >> no, i didn't. coming up next on "new day", did the wife of a doctor die of heart disease or was she murdered? her doctor is going to be taking the stand and nancy grace is joining us live. and can a mother's voice help police in new york city find an autistic teen who vanished more than two weeks ago? the high-tech new technique being tried by the nypd when we come back. ordered shoes from us online but they didn't fit. customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy. sales go up, i'm happy. i ordered another pair. i'm happy. (both) i'm happy. i'm happy. happy. happy. happy. happy. happy happy. i love logistics.

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we know what it means to serve. make my mark i wawith pride.ork. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars. welcome back to "new day." the trial of a prominent utah doctor is underway. martin mcneill charged with murdering his own wife during

opening statements thursday, prosecutors painted him as a liar who ruthlessly gave his wife a lethal cocktail of drugs. why? so he could be with his mistress. we're going to talk with hln's nancy grace about the case in a moment. she is out there watching it. but first, cnn's jeanne sessa sessairis has the story. >> reporter: a 911 operator is expected to be on the stand today in the murder trial of dr. martin macneil. >> she has drowned in the bathtub! >> who is in the bathtub? >> my wife! >> okay. is she conscience? >> she's -- >> reporter: neighbors who saw macneil's wife, michelle, that day, are also expected to testify. prosecutors said to bring a bathtub into the courtroom so they can explain exactly how she was found. macneill is charged with murder and obstruction of justice in the april 2007 death of his wife, michelle, who was found

unresponsive in her bathtub eight days after a face-lift. prosecutor, sam pede imitated his words on that day. >> why did she have the surgery? why did she take all those medications? i told her not to do it. i'm a doctor, she's dead. i have been a bishop, i pay tithing. and this is the way you repay me. >> reporter: in opening statements, pead also told jurors dr. martin macneill had the medical knowledge and motive to kill his wife. macneill, he said, was so determined to move forward with his murder plot, he forced his wife michelle to have a face-lift and consume too much medication. prosecutors say he poisoned his wife with an overdose of pills and made it look like an accident. all so he could carry on an

affair with his mistress, who quickly moved into the home as the children's nanny. >> he explained to a final witness that he can get away with things. and stated that one of the things he had gotten away with was killing his wife. that he was glad the bitch was dead. >> reporter: the defense attorney told the jury a very different story. she says the real cause of michelle's death was heart disease. she urged the jury not to believe anything macneill's daughter, alexis, may say on the witness stand. >> what alexis does, she will take something with a morsel of truth, and she'll exaggerate it. >> reporter: macneill, she concedes, may have made some poor choices in life, but he is not a murderer. jean casarez, cnn, provo, utah. >> our thanks to jean casarez. let's bring in nancy grace in provo, utah at the courthouse. nice coat, nancy grace. let me ask you something.

as you were sitting and listening to yesterday -- >> yes, easy for you to say, in your nice, warm studio in new york. provo is cold. >> i appreciate it. thank you for doing it for us, nancy. i appreciate it. gift to follow. but let me ask you. as you watch the opening statements, and heard the case get laid out, what jumps out at you as we begin this trial? >> wow. let me tell you something. i learned so much sitting in the opening statements yesterday. and in the -- they actually started with witnesses. this has been a long time coming. this case -- this is a problem for the state. i know you already know this. the case was first ruled natural causes. all right? but that medical examiner was not privy to the facts and information that we know now. sadly, that doctor passed away with breast cancer. she never got a chance to review her case in light of all the new evidence. but this woman's daughters never gave up. they've got eight children, four

natural, four adopted. and just as an aside, the doctor -- dr. macneill tried to give back some of his adopted children from the ukraine after his wife died. but that's neither here nor there. i'm just telling you, fyi. so here's what happened. she did not want a face-lift. she is a beauty queen, a legitimate beauty queen, ms. concord. he insisted after he started this most recent affair with gypsy willis that she get a face-lift. they went for a consult. the doctor said, your blood pressure is too high, you can't have the face-lift. she wanted to put it off. her husband, dr. macneill said no, i've already paid for it, we're going forward as planned. come on, please. so they have the face-lift. she became so afraid of what he was giving her, that she was trying to feel the pills -- she had bandages over her eyes, to find out what he was giving her. fast forward to the morning she

died. chris, they've got one of those -- i call them a deep dish bathtubs, those you have to straddle and time into. they had one of those. she was fully clothed, according to her 6-year-old daughter who found mommy dead, fully clothed in a bathtub, face up, hair going down the drain. dr. joshua perper says cause of death, drowning. what was she doing pumped full of all those meds. there was ambien, valium, finegrin, percocet. what was she doing in the bathtub, fully clothed, full of meds? that's not a heart attack. that's like me pushing you off the top of this parking garage and saying yeah, he had hardening of the arteries. >> and yet, nancy grace, you would in your demonstration -- your hypothetical there, you would have had to be there at the parking garage with me, a big factor in this case is going to be as unsavory as you may

find the doctor. the defense is, alibi. the latin adverb meaning in another place. they're going to argue he wasn't there the morning she died. >> throwing some latin on me this morning. all right. >> sounds compelling. >> i can take it. well, let me just punch a little hole in that really quickly and i don't even know all the facts yet, because they're coming out in the courtroom. >> that won't stop you. >> his office was two minutes from his home. his health fair that he went to, where he insisted everybody take his picture there, was three minutes from the home. and the child's daycare -- and the child's school was about four minutes from the home. so another thing on the alibi is that his own defense places him at the home, finding the body with his daughter within the window of the time of death. 11:24 to 11:44. and he was on the phone with 911 at 11:46.

he was there at the time they gave at the time of death. that's not helping. and remember, quit talking to me about his unsavory character. i don't care if he's a nun or a priest or a virgin. all i care about, is this murder. >> absolutely. the right question. and i have to tell you, nancy grace, this sets up as one of the most confounding stories of a trial we have seen in some time. because of all the factors of what was going on in the life and how his fingerprints are figuratively all over her life in the decisions she was making. and yet it comes down to this central question and whether they can prove it. interestingly, you just said you don't care, you know, who he is, or a priest or whatever. but -- the prosecutor's opening statement, he did. he was -- seemed to paraphrase some mormon theology there in setting out this idea of the case to the jury. what was that about? >> well, you know, everyone i've spoken to, because i'm extremely interested in the mormon

religion. everyone i've spoken to here, be it the taxi driver, the guy at the front desk of the hotel, the screener in the courthouse, everybody is mormon here. and i think that he was really focusing to his jury. that means he's a good lawyer. you know who your jury is, and you speak to them. and i think he did speak to them. and i just want to mention one more thing that i caught in the 911, and i haven't heard anybody point it out yet. he says -- he's a doctor. he says, "my wife is under the water, she's in the water! i'm doing cpr." you can't do cpr in a deep-dish bathtub while you're on the outside. he also pretended and told people he had cancer and ms. and he was too frail to lift her out. turns out, those cancer treatments were actually him going to tucson to meet up and sleep with his girlfriend. there was no cancer. >> nancy grace, this is really -- this is really some storyline.

this is going to be some trial. thank you -- >> come out here, cuomo! >> i would love to. >> you come out here and you sit with me in the 18-degree weather, okay? get out of that toasty studio. >> i will keep you warm, 220 pounds of blanket. thank you for laying out the facts this morning. this case is one to watch. i look forward to the coverage on this one, nancy grace. so much going on with this between, you know, the aspect of faith here and how it plays with that jury. the -- all of this intrigue about their marriage and how the drugs were there and administered. this is really going to be some prosecution to watch unfold. nancy grace will be covering it in depth weeknights on hln at 8:00 p.m. eastern time. kate, over to you. >> all right, chris, thanks so much. coming up next on "new day," the desperate search for a missing boy with autism in new york city. police hope his mother's voice -- her voice -- will help them locate her missing son. also ahead, mysterious sea creatures from the deep are showing up on our shores. what is going on? we are going to explore the possibilities. ♪

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welcome back to "new day," the 18th of october. time for the five things you need to know. number one, the u.s. government open and paying its bills, but the threat of another shutdown in 90 days is hanging over capitol hill. texas senator ted cruz refusing to rule it out. president obama will pick former pentagon attorney jay johnson. if confirmed, he will fill the vacancy left by janet thnapoli o napolitano. snowden fled u.s. prosecution to moscow.

he told the "new york times" he didn't take the files with him. a manhunt in florida for two convicted killers mistakenly set free. charles walker and joe jenkins were freed after prison officials received forged documents stating their respective sentences were reduced and granting their release. malala meets the queen. the british royals hosting the teenager for the commonwealth at buckingham palace. we always update those five things to know. be sure to go to newday.cnn for the latest. a desperate citywide search for a missing autistic boy. this is a 14-year-old, moments before he vanishes, walking out of his queens school, all alone. this isn't about the school doing the wrong thing, it's about finding the boy. there has been no sign of him since. police are putting their hopes in a new tool. his mother's voice. here's cnn's don lemon with more. >> reporter: inch by inch, street corner by street corner, seemingly everyone in new york

city looking for missing 14-year-old avante aquinndo. >> hi, it's mom. >> reporter: in queens, where the autistic boy was last seen, search vans hope he will recognize the voice and come to them. >> how did you come up with that message? >> that is something that i tell him when he comes home from school. i always say hi, avonte. sometimes he tells me, hi mom. >> this surveillance video, the last anyone has seen, he can't communicate verbally. investigators say that after approaching a security guard who didn't allow him to exit the school, avante found an unmonitored side door and vanished. >> he's not supposed to be running through the halls without supervision. he's not supposed to walk out the door and you're not stopping him. >> reporter: new york city

police commissioner, ray kelly, does not believe the security guard is at fault. >> we see the action of the security guard on film and also statements, security agent and other people that he believed that there wasn't any wrongdoing. >> reporter: a source close to the investigation tells cnn, searches are concentrating on a five-block area around the school with particular focus on a marshy landfill. thinking cameras don't show the child, so he may have headed to water. but his father believes he's elsewhere. >> i look at it as part of their job to do that. but i'm pretty sure he's not there. he didn't have an affinity towards large bodies of water. he wasn't about that. >> reporter: water, an ominous fear for these parents. for now, they're keeping positive, trying to find one young boy among millions. one family with an entire city

behind them. don lemon, cnn, new york. >> all right, don, thank you so much. that poor thing. >> we've been seeing the flyers all over new york city too. so everybody keep their eyes open if they're in this area. we'll stay on this story. a quick break now. coming up on "new day," sea creatures. that's what they're holding there. that's an 18-foot-long fish. they're supposed to lurk deep below the surface, but now we're seeing them more and more. why? we'll take a look. and bridget jones is back. but the newest book leaving some fans upset. why, oh, why? we're going to talk to the author about her decision to kill off a beloved character. stay tuned. >> what? my asthma's under control.

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♪ exactly how i want to enter into friday, with that song. welcome back to "new day,"

everyone. let's get over to elinda for our forecast. >> i'm happy, nothing major anyone needs to be worried about, just maybe milder weather. you barely see much on there. you see some flurries around denver, getting their first flurries really of the season right on time. and then if you look all the way to the northeast, you see that system exiting that brought scattered showers last night. that's pretty much it, except for when you look at the actually weather pattern itself, a series of coasts making their way across the country the next week or so. each is so dry, moisture-starved, not seeing a lot of rain, but you will see a temperature drop as each one is separately passing by. so that's the key and why we're talking about this pattern change. there is an exit off the northeast, still showers around texas, maybe the low that spun off bringing a couple showers through the carolinas. the one behind it, mid atlantic or northeast, look for pretty much the same picture as you saw last night as you go in through saturday and sunday. and here comes the third guy, and this is the one you really

want to pay attention to. because it's coming way from canada. i mean, way down, bringing all that cold air with it and this is going to have a bigger change or big jump. so a lot of the cool air will make its way into the northeast by the end of the week. next week, though. got time. >> but this week is great. >> yeah. >> perfect. stick around. this is a story you want to see. earlier this week, we told you about the giant ore fish, normally lives thousands of feet below the surface, turned up off the south coast of california. not the only sea creature to show up somewhere it normally wouldn't be. what's going on? casey wian explores. >> reporter: it started when a snorkler found it. >> it catches a lot of attention. and it's exciting for the scientists, too. >> reporter: normally found only in the deep ocean, this orr fish was in 15 feet of water off catalina island. two days later, this bizarre

looking animal washed ashore on venice beach, believed to be a rare sabretooth whale, almost unheard of in southern california. >> they're never seen around here. and to have something this unique wash up, once in a lifetime so far experience for me was a real treat. >> reporter: manhattan beach surfers are used to seeing great white sharks but not this many. >> i've been seeing an abnormally high quantity of great white sharks out here lately. so i figured i would take a stand-up paddle board out, put my go pro camera on my head and see if i could get some footage. >> reporter: did he ever. >> holy -- [ bleep ] he's sheeg checking me out. right on the board. oh, my god, look at that. i'm shaking like a leaf. >> reporter: so what's going on here? >> i would say something along the lines of global climate change. the temperatures are definitely changing up a bit. >> i don't know. it sounds scary, though, especially with the great

whites. i have four little kids out here and i tell them not to go in the water. >> sharks! >> reporter: scarier than any shark sighting for southern californians is a theory. a japanese legend that orr beach themselves to warn of an impending earthquake, and in fact, dozens did that in japan a year before the devastating fukushima quake and tsunami in 2011. >> usually there is some truth behind every legend and in that particular instance, i don't know, seems a little far-fetched. >> reporter: scientists don't know why this is happening. right now it has been dissected and cut in pieces and frozen so its skeleton can be reconstructed and mounted. wonder if that will keep the earthquakes away. casey wian, cnn los angeles. >> fascinating. clearly a lot of theories about what this means. global warming, earthquake, something else. what do you think? >> the one thing i took away right away was global warming, a lot of people disagree. you're talking about orr fish

like warm water, sharks like cold water so you can't have these be in the exact same place with two different water temperatures. >> about that fukushima thing about the fish that showed up there. >> yeah, exactly what i went into. i wanted to look at this legend and the year before that big tsunami and earthquake there, they actually had a dozen of these come on shore over the year. so kind of looked at what all these animals do. this is way deep in the water, right? so the theory is scientists believe they can feel the te tectonic plates moving and they scurry. who knows what you want to do with it. it intrigued me. so i went into what about whales? right before new zealand, 170 wheels beach 48 hours before that huge earthquake. they say their sinuses get affected by pressure changes and so they get disoriented and come ashore. what's left? sharks. is there any relationship? magnetic fields. that's how they find their food. so little change there, they look for it. what about a big change in magnetic fields? what does that mean for earthquakes in southern california? >> here i was thinking it was something to do with not global warming. i was thinking it might have to do with the fact a lot of our

waters are polluted. and you look at all of the debris from fukushima that has changed things in the specific ocean. i was thinking something like that. very interesting. >> does that mean an earthquake is coming? >> yeah. >> 170 years or so is about the average, we see a big one in southern california, the san andreas fault, 300 years overdue. >> great shakeout. >> favorite analogy, it's like a 15-month-old pregnant woman. that's the best i've heard. overdue. >> that's the understatement of overdue. >> hopefully the science suggestion is off. because we don't want to see anything happen. thank you for digging into that. >> hopefully we're wrong. >> fascinating. cool. >> got to pay more attention to your weather casts. a lot of science. shining the spotlight on the top ten cnn heroes of 2013 as you vote online. remember anderson told you how to do it? this week, a veteran whose hometown came together to thank him, and he paid it forward. here's cnn hero dale beatty.

>> there's thousands of veterans right here in our midst. people don't realize the need that's out there. i sat down with my battle buddy, john. and we decided to level the playing field. can help any service connected disabled veteran, regardless of their age or war. >> this is the young man, why we're all here today. >> just getting the community engaged, to get a ramp built, a home remodeled or entire house built from the ground up. >> narrow doorways i couldn't get through. i had had to crawl in on my hands and knees. to have them build a whole new bathroom was unbelievable. >> we want to make their life easier, safer, just better. and their emotions are being rehabbed, as well. >> i did three tours in vietnam. for 35 years, no one cared. purple heart home said welcome

home. it's great to be home after 40 years. >> regardless of when you served, we're all the same. they just need to know, somebody does care about them. >> amazing. right? everything he has given already and gives more. >> yep. that's absolutely right. >> so who will win the cnn hero of the year, the beautiful part you get to decide. go to cnnheroes.com online, and obviously, no losers in this group. >> yep. vote early, vote often. next up on "new day," the author of the bridget jones' novels, helen fielding. she is here. why did she decide to kill off one of the most beloved characters? readers up in arms. we're going to talk about it. ♪ when our little girl was born, we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school.

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♪ welcome back to "new day." she is one of the most prominent single women in the world of fiction and movies. singletons. we all thought she found her man, despite all her faults. >> i like you. very much. >> apart from the smoking and the drinking and the vulcan mother and the verbal diary. >> no, i like you very much. just as you are. >> didn't we all just fall in love with him, so very dreamy. yes, bridget jones settled down years ago, but a new book reveals some pretty major changes for the character that led her back into the dating scene. the new book is "bridget jones: mad about the boy" and the author is here with me this morning. what a delight to be with you. >> nice to see you too. >> 14 years. >> i can't believe it. >> why did you decide to give bridget yet another vad

adventure. >> more a question why not writing the same thing. >> sure, why not. >> obviously, the success of the first two books was a big surprise to me and there was a lot of pressure to keep churning them out. >> was the pressure too much? >> no, it's just i really care about her as a character. i'm very fondled of her, and it's about how we feel we're supposed to be and how we really are. so i just waited until i just really had a story to tell, and stuff i wanted to say. and i wrote it without telling anyone. i wrote the first one, no expectation. >> did you fell less pressure, because there was no expectation? >> no expectation, no pressure. nobody knew. i could just have thrown it away if i wanted to. and that allowed me to just be honest. >> well, and the 14-year gap gave you a chance to explore a very different world that bridget now finds herself in. and reentering -- well, we should back up.

we have to talk about mr. darcy. and this is a slight spoiler alert for those of you who need to know. what have you done to him? i'm panicking, because i'm in love with him. >> i know, i know. it was very sad. i had to call up colin firth himself and tell him -- >> you asked mr. darcy? >> he was dead. except, of course, it was a fictional character. but i did have to ask him if he was sitting down and had someone with him. >> did he? >> yes. >> so to that end, you wanted to give an opportunity for bridget as a single mother -- she is older and has children. but why not just get a divorce? please, you could have kept him alive. >> but mark darcy, even though he was wearing a reindeer sweater when she met him, is the quintessential gentleman. he's a decent man. and that's why everyone cares about him so much. he would never leave her with two small children. and so, as i said, his memory lives on in the new book. >> one of the things i think

many of us have related to and women have related to, this notion that bridget is struggling and in the new book is struggling to be a perfect mom yet struggles to be herself, maintain herself. and living up to the standards that other moms seemingly have created of this perfect image of mom. is that something that you struggled with, as well? >> yeah. i think that they -- the bar is pretty high for women. in all sorts of areas. in terms of what you look like, in terms of what you achieve. and in terms of parenting, as well. it's almost like -- it's not just loving the kids and them all hanging out. it's -- i've got this mother in the book, perfect nicolette, who bridge keeps calling nicorette. and bridget is always buying self-help books, easier, happier

parenting. talk in a voice mail voice for the children and go, come to the table, one, two, and then think what am i going to do when i get to three. >> come to the table! >> it's just -- it's not like -- >> it's not real. >> it's not real. and what they really like is just the real moments. >> yep. >> all right. so before we go, any chance we're going to see it on the big screen and more adventures of bridget, another book, another movie, what do you think? >> well, if it does make the big screen, and i don't know whether it will, we've got colin firth, the memory of mr. darcy. we've got daniel cleaver, a new love interest, a younger man called rockster, and yet another love interest who is a sort of bond-like figure called mr. wallacher, so there could be a perfect storm of really hot men there. and i want to be at the casting. >> would you invite me, as well? >> yes. >> all right. we've just decided. kate, we'll invite you along, as well. what a pleasure, helen fielding. the new book is out right now. >> yeah. >> kate, chris, over to you. >> i know a lot of people fell

in love with bridget jones, but i'm falling in love with helen fielding, so fabulous. >> good interview. really brought her out. >> good stuff. >> yeah, take a break here. coming up on "new day," we've heard a lot about the bad out of the shutdown. what about the good? there was some good, not from a politician, but someone like you. we'll tell you about it. ♪ hello? hey, i notice your car is not in the driveway. yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. sorry. you shoulda taken it to midas. get some of that midas touch. they tell you what stuff needs fixing, and what stuff can wait. next time i'm going to midas. high-five! arg! i did not see that coming. trust the midas touch. for brakes, tires, oil, everything. (whistling)

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all right. time for the good stuff. you ready? the shutdown hurt a lot of

americans, and our troops. one waitress in new hampshire determined to make sure they wouldn't get hurt. her name is sarah hoyedel. she was working her lunch shift, two national guard members sit down. take a listen. >> they were looking through the menu, and she mentioned something about the furlough, we're not getting paid. and it was like, oh, geez. i was thinking to myself, i'm going to buy their food today. good karma, do something nice for someone else. >> exactly. when the meal was over, instead of a check, hoyedel brought the soldiers a note, thanks to the government shutdown, people like you are not getting paid, i still am, lunch is on moi. and she is a single mother of a toddler and in the end said the soldiers' reaction made it worth it. >> i came out and they were out front waiting for me and they said sarah and hugged me and their reaction was worth everything. it was like i did this huge thing and it was like i just bought you lunch,