Return to Transcripts main page
CNN Newsroom
Terror Suspect Arrives in New York; Jobs Report Becomes Political Football; Lab Scandal Threatens Boston Criminal Cases; Two Tunisians Detained For Libya Attack; Turkish Soldiers Return Syrian Fire; Obama, Romney Push Ahead; Woman Fails Personality Test and Sues
Aired October 06, 2012 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RANDI KAYE, CNN ANCHOR: CNN NEWSROOM continues with Fredricka Whitfield. Watch your body language today.
FREDRICKA WHITFIELD, CNN ANCHOR: I know. I should be more animated.
KAYE: Don't blink a lot. The viewers will know you're stressed.
WHITFIELD: I'll have to look back and evaluate.
KAYE: Fascinating stuff.
WHITFIELD: I love all that body language chitchat. All right, my body language says have a great day.
KAYE: Mine says bye-bye.
WHITFIELD: All right, have a good one. Thanks very much, Randi. Appreciate that.
All right, let's begin. With the arrival of a wanted terror suspect, arrival right here in the U.S. Radical cleric, Abu Hamza Al-Masri is now in New York. He is one of five men extradited from the U.K. today on terror charges.
Our Dan Rivers takes a look at what the suspects are accused of.
(BEGIN VIDEO CLIP)
DAN RIVERS, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): He is wanted on 11 terrorist charges in the United States including on trying to set up a terrorist training camp at this ranch in Oregon in 1999.
He's accused of masterminding the kidnapping of 16 western tourists in Yemen in 1998 including two Americans. As well Abu Hamza four other men are being extradited to the U.S.
Two Babar Ahmad and Tala Asan are accused of fundraising for the Taliban and rebels online. Two others, Khalid Alfawaz and Adelbari for their involvement in 1998 East African embassy bombings, which left 265 people dead.
(END VIDEO CLIP) WHITFIELD: All right, that was Dan Rivers reporting. Senior U.N. correspondent Richard Roth joining me live now from New York. So, Richard, Al-Masri is scheduled to be in court today. What's the latest we're hearing about that?
RICHARD ROTH, CNN SENIOR U.N. CORRESPONDENT: Well, it's supposed to be his first proceeding through the legal system, timing not known yet. This is in downtown Manhattan not far from the scene of 9/11 and the defendant has been praise worthy of what occurred on September 11th, 2001.
And he's also been accused as Dan Rivers talked about on those 11 terror-related charges in the U.K. of inciting violence and terrorism. He did not want to come here.
Neither did the four other men who flew in on two planes at 2:30 in the morning Eastern Time. They feared conditions in prison here in the United States, his attorneys in the U.K. said he's not well, he's got very physical and emotional other issues -- Fredricka.
WHITFIELD: Meantime one of the other suspects, the father of that other suspect says that his son is innocent. Just take a listen to what he had to tell CNN earlier.
(BEGIN VIDEO CLIP)
ASHFAQ AHMAD, TERROR SUSPECT BABAR AHMAD'S FATHER: I'm disappointed because I thought we lived in a democratic country and we have got the best legal system in the world. I thought that I would get a fair chance and bar would get a fair trial. I'm very disappointed.
(END VIDEO CLIP)
WHITFIELD: So, wait a minute. Two possible hearings in one day, there was an earlier hearing?
ROTH: That's right. The son of that man has already pled not guilty in a Connecticut court along with another suspect both referred to by Dan Rivers. They were wanted on terrorism charges, crimes committed through the internet.
According to a law enforcement source, both men in the Connecticut case appeared in their United Kingdom prison jump suits, then they were handcuffed and being led in and standard practice the handcuffs were taken off for the legal proceeding. They will also, of course, face more legal proceedings down the road -- Fredricka.
WHITFIELD: All right, Richard Roth in New York, thanks so much.
All right, now to some other very pressing domestic matters. The new jobs report, it's become a political football with the election just a month away. The Labor Department says 114,000 jobs were created in September with the unemployment rate coming in at 7.8 percent now. That's a drop of 3/10 of a percent from August.
No surprise that in this season there's different views of the same numbers. Allen B. Krugar, the chairman of the Council of Economic Advisers said, the report, quote, "provides further evidence that the U.S. economy is continuing to heal from the wounds inflicted by the worst downturn since the great depression," end quote.
But the former CEO of General Electric, Jack Welch, tweeted this, quote, "Unbelievable jobs numbers, these Chicago guys will do anything, can't debate so change the numbers," end quote. And the partisan pushing continues this morning.
(BEGIN VIDEOTAPE)
BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: On Friday, we learned that the unemployment rate is now at its lowest level since I took office.
REINCE PRIEBUS, RNC CHAIRMAN: Friday's jobs report shows America still desperately needs jobs. Yet the president's central and sole proposal would mean fewer jobs.
PRESIDENT OBAMA: Republicans in Congress need to stop trying to relaxing fight the battles of the past few years and finally start doing something to actually help the middle class get ahead.
PRIEBUS: We can't afford four more years like the last four, falling incomes, rising prices, 23 million Americans struggling for work.
PRESIDENT OBAMA: Congress needs to step up and pass my plan to create a veterans job corps to help our returning heroes find work as cops, firefighters, and park rangers in communities across the country.
A few weeks ago Republicans in the Senate voted that plan down. Ask them why someone who fights for this country abroad should fight for a job when they come home.
PRIEBUS: Understand that the president must campaign, but he also has a job to do. While Barack Obama enjoys being president, he doesn't seem to enjoy the work required of being a great president.
PRESIDENT OBAMA: If we're going to keep this economy moving forward, there's no time for political games even in a political season.
(END VIDEOTAPE)
WHITFIELD: All right, now with one debate behind them, President Barack Obama and Mitt Romney are gearing up for their next face off later on in the month. The president is laying low at the White House today with no public events scheduled. He spent yesterday rallying supporters in Ohio.
Mr. Romney who rallied in Virginia Friday, spent today in Florida preparing for the next debate, which is October 16th moderated by our Candy Crowley. Romney will also hold a debate victory rally this evening.
September proved to be a lucrative month for the president's re- election campaign. Democrats raised $181 million. That's a record and in the last month of the campaign that cash could prove crucial especially for ad buys in toss up states.
Thousands of criminal cases are now in jeopardy and some people say they may have been wrongfully convicted because of a scandal uncovered in Boston. How could it happen?
(COMMERCIAL BREAK)
WHITFIELD: Boston's legal system faces a potential nightmare. Thousands of cases dating back nearly a decade could be jeopardized by a lab worker who allegedly tampered with evidence. Hundreds of convicted felons could go free. Here's Susan Candiotti.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: It was refreshing because I didn't think it was real.
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): But it was real. Until last week, Mylazia Johnson was doing about three years in prison on a drug conviction. Then she was suddenly set free.
(on camera): What is it like to be out of prison?
MYLAZIA JOHNSON, SENTENCE VACATED: Free now. I can breathe.
CANDIOTTI (voice-over): Free because of the bizarre alleged actions of this woman, former Massachusetts chemist, Annie Duken.
UNIDENTIFIED MALE: Can you tell us what happened?
CANDIOTTI: The state of Massachusetts is accusing Duken of tampering with drug evidence that could call into question at least 34,000 cases going back to 2003, 34,000.
At the moment, she faces only three charges. However, in Boston alone, the D.A. estimates as many as 500 convicted felons could be set free.
(on camera): How big of a mess is this?
LISA HEWITT, MASSACHUSETTS COMMITTEE FOR PUBLIC COUNSEL: At this point, Susan, we don't know.
CANDIOTTI: At this lab, now closed by the state, Duken allegedly mishandled drugs seized by police for evidence at trial. She allegedly estimated the amount of drugs at times by simply looking at them, and certified some drugs as cocaine that are now testing negative.
(voice-over): She didn't just write down the wrong thing. Prosecutors accuse her of doctoring evidence to change test results.
UNIDENTIFIED MALE: She would take known cocaine from an area that she knew was cocaine and actually add them to the sample to make it cocaine.
CANDIOTTI: Duken is also charged with lying on the witness stand about the credentials on her resume, including a master's degree in chemistry she never received, but the question is why.
Was Duken trying to help police? Was she trying to make herself look good? So far, it's a mystery. The only thing we know is what's in this court document, where investigators say at first, Duken denied doing anything wrong.
But they say she later admitted quote, "I screwed up big-time. I messed up. I messed up bad. It's my fault." In some cases, Duken alleged tampering may have destroyed solid police work. In others, it may have wrongfully convicted the innocent.
HEWITT: This is the most egregious situation because this is government tainted evidence that has been presented against these individuals.
CANDIOTTI (on camera): How can something like this happen?
HEWITT: I don't have the answer for that. The community has no confidence right now in the justice system because they're being told that the scientific evidence, which we're all supposed to depend on, in the year 2012, is faulty.
CANDIOTTI (voice-over): We tried unsuccessfully for two days to reach Duken's attorney. Duken's free on bail, wearing a court monitor. Judges are in the process of staying sentences and setting felons free on bail until everything is sorted out. Making moms like Stephanie Cooper nervous.
UNIDENTIFIED FEMALE: I do worry for my safety, you know, and my son also.
CANDIOTTI: Community organizer, Michael Kozu is worried about what will happen to this Boston neighborhood.
MICHAEL KOZU, PROJECT RIGHT: We're concerned about people letting get back out, that it's going to go back to what it used to be.
CANDIOTTI: Mylazia Johnson insists she was wrongfully convicted of intent to sell crack on the street. After serving about half her sentence, she's free for good, and plans to challenge her conviction down the road. What she cannot get back are the nearly two years she lost with her daughter, born eight weeks before she was sent to prison.
JOHNSON: I lost my child. I lost custody of my child and I don't know how I'm going to fix that.
CANDIOTTI (on camera): What do you think of the chemist who is now accused of --
JOHNSON: She destroyed my life, but I forgive her. As long as I have my daughter, that's all I care about.
CANDIOTTI (voice-over): Susan Candiotti, CNN, Boston.
(END VIDEOTAPE) WHITFIELD: And Susan Candiotti will join us in the 3:00 Eastern hour for more on that story.
All right, this is shaping up to be a historic weekend for NASA. The Mars rover "Curiosity" will try something that's never been done on the red planet before. We'll show you some of the latest pictures from Mars.
(COMMERCIAL BREAK)
WHITFIELD: NASA could make history on Mars this weekend. It will order its rover "Curiosity" to scoop up some Martian dirt by activating its robotic arm. The rover will then analyze the soils makeup. Specifically "Curiosity" is looking for minerals using x-ray defraction. This process has never been done on Mars before.
Baseball's National League Wild Card Playoff Friday was wild. Atlanta lost to the St. Louis Cardinals and fans littered the field afterward right there. A in-field fly call in the eighth inning is why with one out and runners on first and second, the Braves hit a pop up to shallow left field.
You see right there, the ball drops, though and the players didn't throw out any of the runners. The umpire called the batter out. Had he not, bases would have been loaded. The in-field fly rule is used to fielders from letting a catchable ball drop in order to get two outs inside of one had they caught the ball. The Braves manager protested, but was overruled.
A 220-pound gym teacher claims he was beaten up by a first grader and now he's suing. We'll get schooled on this case with our legal guys.
(COMMERCIAL BREAK)
WHITFIELD: In Massachusetts, a convicted rapist wants visitation rights for the child he fathered from the crime. The victim was 14 at the time. Now four years later, she says she doesn't want her rapist anywhere near her child.
Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.
WHITFIELD: Hello, and Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.
WHITFIELD: All right, gentlemen, two things really standing out in this case. Richard, you know, you first. How unusual is it for a convicted rapist to be held to visitation as well as to payment, child support?
HERMAN: Well, Fred, in 34 states this happens, 34 states allow this, 16 states say no. The criminal sentencing judge in this particular case directed the case to go to family court and directed him instead to make restitution, to make child support payments.
So he says listen, if I'm making child support payments, I want to be a father to my child, I want to have a say in education, in upbringing, and as long as I'm paying child support, I'm going to do this.
Now one issue is can a criminal court judge direct a case to family court? That's a big issue here. But having said that it's in family court right now and he's going to get his visitation, absolutely.
WHITFIELD: Well, Avery this kind of an arrangement seems to undermine a whole rape conviction because now we're saying or at least the court is saying that there's a relationship established between the biological parents of this child even though it came as a result of rape.
FRIEDMAN: Well, there is no relationship. There's no legal relationship. This is often what we see men trying avoid child support, trying to get away from that responsibility.
As far as I'm concerned he doesn't get visitation. They can absolutely do that. You want to know something? I think the victim, she was in eighth grade when she was raped by this man should go after him for civil damages, for civil assault, for civil battery.
And you want to know let's see how responsible this guy is in paying up on that. I don't think this guy has any right to visitation. I think the order if it entered should be challenged. It's way out of line.
Typical example of a man trying to get out of responsibility by saying child support, I get to raise the kid. He's got no interest.
WHITFIELD: Wouldn't he be a registered sex offender especially since, you know, this young lady was 14 at the time, you know, he was 17. So now he would want visitation of the child. Why would the court, you know, appease that request that he would have visitation of the child?
HERMAN: Right. The thing is he was 17. She was 14. It was statutory rape. They were friends. They met in church. They were close. The judge fashioned a remedy here.
There are different levels on that sex offender registry, Fred. I don't know what level if any level he received probation. He did not go to prison. The prosecutor was looking for three to five years in prison.
He got no prison. The judge let him off very easy here and directed him to make child support payments. He's not looking to evade anything he's making child support payments.
FRIEDMAN: Terrible.
WHITFIELD: And now wanting to maintain a relationship with the visitation. It's definitely odd.
OK, all right, let's go on to another case. This is kind of an odd case too. This one in New York, in Queens, it involves a gym teacher who says his ankle was broken, his knee injured after saying a first grader who was all of 50 pounds or so, who apparently assaulted him.
And now he, the gym teacher right here who is a good 220 pounds and 5'10" says he wants compensation for medical costs of $10,000. He wants that from the school district, and these are the two, the gym teacher and the child actually pleading their case. Let's listen first.
(BEGIN VIDEO CLIP)
JOHN WEBSTER, TEACHER: He was very strong, he was kicking me. He was using the heel of his feet to kick me in my legs. He spun around, belted me directly in my right knee. And I was trying to move back away, but I was by the stairs and stuff I heard a big pop to my knee.
UNIDENTIFIED MALE: You asked him --
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: Did you kick the man? What did he say?
JOSEFA MARCIA DA SILVA, STUDENT'S MOTHER: He said no mommy.
UNIDENTIFIED MALE: Did you kick him?
UNIDENTIFIED CHILD: I don't know. I forgot.
(END VIDEO CLIP)
WHITFIELD: Gosh, this is so awkward. Richard, you first. Where do we begin on this one? I mean, I'm sure John Webster, the gym teacher he was in a tough situation. He can't physically, I guess, intervene to stop this little kid because then he may be facing some assault charges, but he says he got injured.
HERMAN: That's the problem, Fred. You know, my mother, my sister are teachers. They can't bring glocks to school with them. They are in these environments. Some students are insane.
The teachers, if they lay a hand on a student they will get prosecuted and lose their jobs. It's a tough situation to be in. But this guy is, he's not 220, he's 240 from that picture there.
And for him to tell his friends to sit around and say some 6-year-old kid beat me up and bullied me can you imagine that? The key, Fred, is that this child had a propensity to act up and fight with administration and other students.
The school knew that and he's saying the school did nothing about that. They allowed the condition to continue and as a result of that he himself got injured. He's not only suing for meds, he's suing for damages too, Fred. This is a big case. WHITFIELD: So Avery, the school, you know, Mr. Webster says is complicit so to speak for not having done something to intervene with this kid who has a reputation of being a troublemaker.
FRIEDMAN: Well, a troublemaker because he needed medication. They now have him on medication. Let me tell you something. I don't think this is a bad case. I think it's bad journalism.
What I mean by that "New York Post" headline, 6-year-old beats up 220- pound gym teacher. That's misleading. That's septic journalism. The fact is, it is workplace injury. It's basically a worker's compensation case.
Take the kid to the principal's office. Kid by the way started monkeying around with the principal and the safety officer too. But the teacher got kicked in the knee. It's absolutely legitimate worker's comp case. It's bad journalism. I think it's a good case.
WHITFIELD: OK, we're going to see you again in 15 minutes because we have two more very good cases, but we can't wait to hear your take on them.
One involving -- they are all good cases, one involving your cell phone and the location, the data collected by investigators. Is that right?
Is that unreasonable search and seizure? All that good stuff, Supreme Court and the Obama administration are battling over that very issue. We'll see Avery and Richard back in a few minutes.
Some young people have to grow up way too soon. At a time when they should be enjoying their childhood, they are forced by circumstances to care for others. You'll meet a "CNN Hero" who is determined to help those kids.
(COMMERCIAL BREAK)
WHITFIELD: We're shining a spotlight on the Top Ten "CNN Heroes of 2012" as you vote for the one who inspired you the most. This week's honoree is bringing a hidden population out of the shadows, children who care for ill or aging loved ones.
By giving these young people support and understanding, Connie helps them stay in school and hold on to their childhood.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: Here let me help you.
My mom has been sick for as long as I can remember. We need more methadone. Helping her out is a bigger priority than going school because I don't know what I would do if something happened her. I wouldn't be able to live.
CONNIE SISKOWSKI, CHAMPIONING CHILDREN: In the United States, there are at least 1.3 million children caring for someone who is ill, injured or elderly or disabled. They can become isolated. There are physical effects. The stresses and worry.
But these children press on silently. People don't know they exist. I am Connie Siskowski. I am bringing this precious population into the light to transform their lives so that they can stay in school. I offer each child a home visit.
Has it been helpful in? We look at what we can provide to meet the need. We go into the schools with a peer support group, and we offer out of school activities that give the child a break.
UNIDENTIFIED CHILD: This is so relaxing.
SISKOWSKI: So that they know they are not alone. We give them hope for their future.
UNIDENTIFIED MALE: Now I'm getting As and Bs, and feeling more confident.
SISKOWSKI: We have a long way to go. There are so many children that really need this help and support.
(END VIDEOTAPE)
WHITFIELD: And I'll get a chance to speak with Connie Siskowski in our 3:00 Eastern Hour and she's just one of our top ten honorees. You can help us decide who will be this year's "Hero Of The Year." Cast your vote on cnnheroes.com. The winner will receive $250,000.
(COMMERCIAL BREAK)
WHITFIELD: Now an update on that deadly attack last month in Libya in which the U.S. ambassador and three other Americans were killed. Two Tunisians are being detained in Turkey in connection with the fire that destroyed the U.S. Consulate in Benghazi.
The men had been on a watch list provided by the U.S. to Turkish authorities. FBI investigators have not talked to them yet, but a U.S. official says they hope to do so soon.
The fighting in Syria is spilling across the borders. Turkish soldiers are returning fire after a shell from Syria landed near a border village. It's been four days since clashes began between the two countries.
Our Nick Paton Walsh joins us now from Beirut. So, Nick, we're hearing that the shelling was aimed at the Syrian opposition groups not at Turkey. What's the latest?
NICK PATON WALSH, CNN INTERNATIONAL CORRESPONDENT: Well, that's what a local Turkish official said. The rebels were in operation around the Syrian border and they think the shell may have been aimed at them.
But over shot landing inside Turkey near a village not hurting anybody but, again, for the fourth consecutive day prompting the Turkish Army to shoot back at Syrian oppositions, couldn't really be more troubling here. Two militaries, increasingly fraught position now, with four days in a row this happening -- Fredricka.
WHITFIELD: So were these isolated attacks? Is there a fear now that this might be a regional or growing into a regional conflict?
WALSH: Well, it's not a regional war or conflict at this stage. Turkey made it clear it doesn't want a war. Syria was offering an open apology and expressed its deepest condolences and try to shift the blame to terrorist groups or rebels operating in the area and firing these particular shells.
But this is increasingly looking like it's no longer in control of the politicians trying to talk their way out of it. We had diplomatic moves as I said.
Turkey saying it doesn't a war and Syria offering their condolences, but we haven't seen it translate to a calming on the ground. Many worry the fog of war the uncertainty may cause to it escalate -- Fredricka.
WHITFIELD: All right, Nick Paton Walsh in Beirut, thanks so much for that update.
One down two debates to go in this country, we'll check on what's next for the two men at the top of the presidential ticket.
(COMMERCIAL BREAK)
WHITFIELD: Round two for President Barack Obama and former Massachusetts Governor Mitt Romney. Ten days away now as CNN's political editor, Paul Steinhauser, is here to tell us what both camps are doing to get ready for the next big showdown.
PAUL STEINHAUSER, CNN POLITICAL EDITOR: Hi, Fred. With the first presidential debate and September jobs report now in the rear view mirror, the next big event in the race for the White House focuses on the running mates.
Vice President Joe Biden and Congressman Paul Ryan face off in Thursday in their only debate. The showdown will be held in Danville, Kentucky. And both will spend much of the days leading up to the debate preparing.
Meanwhile, President Obama out on the campaign trail is showing some of the energy he didn't show at the first presidential debate in Denver.
(BEGIN VIDEO CLIP)
PRESIDENT OBAMA: Now, my opponent is doing a little tap dance at the debate the other night trying to wiggle out of stuff he's been saying for a year. Doing like, it was like a "Dancing with the Stars" or maybe it was "Extreme Makeover," debate edition.
(END VIDEO CLIP)
STEINHAUSER: Expect to see a more aggressive debater when the president and Mitt Romney face off again in a week and a half. For Romney, the debate offered a chance to question the president's priorities.
(BEGIN VIDEO CLIP)
MITT ROMNEY (R), PRESIDENTIAL NOMINEE: I thought it was a good chance for us to ask each other questions. I asked the president some of the questions I know people across America have wanted to ask him.
I asked him, for instance, why with 23 million Americans that were looking for work and wanted president that would focus on getting the economy going, he instead spent his first two years fighting for Obamacare.
(END VIDEO CLIP)
STEINHAUSER: By the way, the moderator of the next presidential debate is our chief political correspondent, CNN's "STATE OF THE UNION" anchor, Candy Crowley -- Fred.
WHITFIELD: All right, thanks so much, Paul. We look forward to that October 16th presidential debate.
All right, you don't want to miss the warm up to the next Obama/Romney faceoff. As Paul has just said, it's a much anticipated vice presidential debate. Joe Biden, Paul Ryan going at it Thursday, October 11th. Our coverage begins 7:00 p.m. Eastern Time.
All right, have you ever taken a personality test to get a job? A woman who took one claims it actually cost her the job and now she's suing. Our legal guys full of personality all the time will be weighing in on this case.
(COMMERCIAL BREAK)
WHITFIELD: It's not unusual these days that employers use personality tests to screen potential employees. In 2007, Vicky Sandy, who is hearing impaired took a 50-question exam while applying for a job at a West Virginia Kroger. She was turned down for a cashier job and she claims the test of the discriminatory.
She's not suing Kroger. She is suing the company that designed the test. Our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas.
All right, gentlemen, so what was in this test or not in the test that she is alleging trim discriminates her -- Avery.
FRIEDMAN: Well, EEOC which is the federal agency that enforces the laws against discrimination has regulations, has policies that say there has to be a connection between qualifications and the job.
You may remember some time back we covered a case involving a guy that owned a strip club that required the employees to have a college degree. Well that didn't make any sense. In the Sandy case, what was going on here is the requirement was someone had to listen carefully. You know your mother used to tell you that. The question is you can't require everyone to listen carefully.
So if it bears more heavily on handicapped disabled people, it may very well be against the law. That's where the test is. We don't have a ruling yet but it really will be cutting-edge once we find out the answer to that question.
WHITFIELD: Interesting. So potentially, Richard, it may conclude that there has to be different kinds of personality tests based on what applicants might be eligible or looking into employment?
HERMAN: Yes. Fred, I think the sole criteria here will be whether or not this test disadvantages hearing impaired or speech impaired. That's the issue.
Whether disadvantages this group of people because if I want does not disadvantage them and the person is crying sour grapes because they didn't get the job these tests are going to be permissible, they are allowed to be used.
It's tough economic times right now and employers can use a vast array of criteria to determine, which employees they think will be best suited for their jobs.
And this is one criteria for them to use. It's legitimate. I think this is going to be legitimate and I think this case will get thrown out -- Fred.
WHITFIELD: Interesting. OK, well, you know, we did reach out to both Kroger even though Vicky Sandy is filing this discrimination case against Cronos. We reached out to Cronos as well, the ones who designed the test. Again, Richard, no call back.
FRIEDMAN: They didn't call you back again? What's going on here?
WHITFIELD: No comment.
FRIEDMAN: I always call you back.
WHITFIELD: I appreciate that.
FRIEDMAN: We would call you back.
WHITFIELD: We did in all fairness reach out to both and we wanted to hear their comments.
All right, let's move on to another case, this is in New Orleans. The Justice Department will tell federal judges that warrantless tracking of the location of Americans mobile devices is legal.
This sounds very familiar and we had another case that kind of put the cell phone tracking devices on the hot seat. So why does the Justice Department want to be able to track you from your phone, Richard? HERMAN: Well, Fred, it's a great method to help solve crimes. I mean, let's face it, if law enforcement can retrieve data that is supplied by your cell phone and get that information they can track you for a period of time.
Now they wanted it for 60 days. They said we should be entitled to do this without getting a warrant for 60 days. That's a sufficient period of time to help us. Then after that we have to go to court to get a warrant.
But the courts and when circuits get split and decisions like this, Fred, 28 days was held unconstitutional when a device was put on a car without a warrant. So, therefore, they are arguing this can't be constitutional. It's got to be a fourth amendment violation. This case is en route to Washington, D.C. -- Fred.
WHITFIELD: So Avery, does there have to be probable cause? Do you have to be suspect of something? This isn't arbitrarily anyone can be tracked, right?
FRIEDMAN: That's actually the point. If there's probable cause go get your warrant. I actually think this is the -- or one of the hottest privacy issues right now in contemporary America.
The fact is one federal appeals court up in this part of the country, in the Midwest ruled 2-1 it doesn't violate a reasonable expectation of privacy, the GPS tracking, and the court success asked for the entire court to hear it.
Other federal courts ruled otherwise. That case was argued this week in front of a federal three judge panel in New Orleans. I'm in agreement with Richard. This case ultimately is headed to the highest court in America.
And given what Justice Scalia who wrote the opinion earlier this year said I think there's a legitimate privacy issue and it's going a battle, a real showdown.
HERMAN: But as argued, Avery in the courts up in your area. There they say look you volunteered this information to your phone company therefore you have no reasonable expectation of privacy.
FRIEDMAN: That's right.
HERMAN: That was the argument, but it's going D.C. We'll see what happens.
WHITFIELD: This is fascinating, an agreement to punctuate.
FRIEDMAN: Yes, we agreed.
WHITFIELD: It happens sometimes.
HERMAN: Finally happened.
WHITFIELD: Rarely, but it does happen sometimes. All right, we like it either way. Avery, Richard thanks so much. Good to see both of you. Appreciate it. Have a great rest of the weekend.
The legal guys are here every Saturday at this time to give us their take on the most intriguing legal cases. You don't want to miss it, any weekend, any time.
All right, it is one of the most beautiful times the year, everyone in agreement on that. Fall foliage creating a dazzling display of color. We'll take you on a trip to tantalize the eyes.
(COMMERCIAL BREAK)
WHITFIELD: Have you been feeling energized from the cooler temperatures that come with fall. Many places that means leaf season, leaf peeping is here, and Holly Firfer shows us how to make the most of it.
(BEGIN VIDEOTAPE)
HOLLY FIRFER, CNN CORRESPONDENT (voice-over): Bursts of red, orange and gold, nature's annual fall show is getting under way.
UNIDENTIFIED FEMALE: Fall is a beautiful time to travel, the summer greens are giving way to brilliant colors and incredible foliage so it's a great time to consider a road trip or just an opportunity to get outside and see the beautiful landscape.
FIRFER: Before you head out, go to the Chamber of Commerce or Visitor's Bureau website for the place you're planning to explore.
UNIDENTIFIED FEMALE: There are so many ways to take in the beautiful fall foliage. In many destinations, you can do a hot air balloon ride, which is an unexpected way to see the incredible colors. There's also great hiking and biking opportunities.
FIRFER: Make sure to also take in harvest festivals and apple picking. Visit pickyourown.org to find the best local spots. Don't wait too long. You may miss the best of the season, which has already started to peek in the northern states.
UNIDENTIFIED FEMALE: Colors start to change as early as late September and go through the end of November. If the trees have changed where you are consider is going to lower elevation or a more southern spot.
FIRFER: Holly Firfer, CNN.
(END VIDEOTAPE)
WHITFIELD: All right, lots of cool stuff there. We have more great ideas 2:00 Eastern Hour. Great places to see those leaves.
(COMMERCIAL BREAK)
WHITFIELD: Hospital workers in Colorado are being told to get a flu shot by the end of the year or be fired. It is part of a state program requiring 60 percent of health care workers to get the vaccination. But some hospitals made it mandatory for everyone. If an employee refuses, they could be suspended and eventually fired. Some say it violates their rights.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: To me it's against your civil rights. I don't want to get the flu shot. And to me it seems like I'm being forced into putting a virus in my body that I object to.
STEVEN SUMMER, PRESIDENT AND CEO, COLORADO HOSPITAL ASSOCIATION: We need to have a workforce available when the public needs fit they are sick and people choose to work in a hospital.
(END VIDEO CLIP)
WHITFIELD: If workers have a medical condition that prevents them from getting the shot, they have to wear a mask.
All right, the unemployment rate fell in September. More people returned to the labor force and hiring was steady. In this week's, "Smart is the New Rich," meet one guy who took a big risk to make a career change in a brightening job market. Here's Christine Romans.
(BEGIN VIDEOTAPE)
CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): Olatunde Kamson wanted to switch careers from operations in I.T. to marketing and big data. In a slow jobs market that takes training and risk.
OLATUNDE KAMSON, WENT BACK TO GRADUATE SCHOOL FULL TIME: I decided to go back to business school and I went part time and realized that I needed even more training so I left my full time position and gained internship at CBS.
And that was a great gateway. So the internship plus the MBA, I was able to fortunately land at Met Life. Looking at the data more on the marketing end and helping with making strategic decisions.
ROMANS: The switch took time and money, $80,000 in student loans.
(on camera): Is it worth the investment to retrain in your career, take on all those student loans?
KAMSON: Yes, it's worth investment.
ROMANS (voice-over): The degree alone doesn't open doors. He also worked with a job coach.
CAROLINE CENIZA-LEVINE, CAREER COACH, SIXFIGURESTART: We really worked with him on interviewing and networking because let's face it as a career changer, his resume speaks to what he did before. In order to get people to think of him in a different way he had to talk to people, tell them his story.
ROMANS: Not all career switches require an MBA or 80 grand in debt. Consider community colleges or free online courses in your new field.
LEVINE: A career changer can't seem like a career changer. People will ask about experience if you're not demonstrating enough expertise or a skill set. You have to show the people who are already in that job, in that industry that I can do this too and it's just a question of getting hired.
ROMANS: Remember, an employer typically scan as resume for ten seconds or less.
LEVINE: Too many job-seekers will suspend the rest of their search hoping for the perfect resume that want nets noticed. It's irrelevant. What matters is networking and interviewing. You want to get in front much as many people and tell them their story. He talked to people who had those jobs. He didn't know them but reach out.
KAMSON: It was 2-1/2 year journey to get the job I wanted, but definitely worth it and paying off now. This is my dream job.
ROMANS: Christine Romans, CNN, New York.
(END VIDEOTAPE)
WHITFIELD: And a deadly disease is killing people across the started and it all started after patients were injected with these bottles of infected medicines. We'll have the details for you.
(COMMERCIAL BREAK)
WHITFIELD: A look at some of the top stories right now. This hour, radical cleric Abu Hamza Al-Masri is now in New York. He's one of five men extradited from the U.K. today on terror charges. He is scheduled to be in court today and will be arraigned Tuesday.
Five people are dead as a deadly disease sweeps through the country. The Centers for Disease Control and Prevention say it is fungal meningitis and 47 people in seven states are now sick.
The CDC says they contracted the infection from a contaminated steroid injection. Now physicians in 23 states are checking patient records to see how many people received those injections.
The Israeli Air Force shot down an unmanned drone over Southern Israel this morning. They say the craft had entered Israeli airspace. Israeli soldiers are searching the area for remains of the drone. It's not yet clear where the drone originated.
Coming up in the CNN NEWSROOM at 2:00, politics of numbers, how the latest jobs report is being spun by both Democrats and Republicans.
Also meet the 1969 James Bond, George Lazenby. Only did one Bond movie. I'll ask him why he never did another. That's at 3:00 Eastern Time today.
And then check out this bird's eye view of the world, filmmakers put cameras on birds for this documentary, "Winged Planet." You don't want to miss it. It is extraordinary.
Find out how they did that at 4:00 Eastern Time. I'm Fredricka Whitfield.
"YOUR MONEY" starts right now.
