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"Endeavour" Takes Its Final Trip; Police Find Missing Colorado Girl's Body; Pakistani Teen Activist Fights For Her Life; Shot Fired At Obama Campaign Office; ACLU Sues Because Kids Can't Read; Questions And Revealing Answers; Election Day Just 24 Days Away; Woman Sues Over Meningitis Outbreak; Being Smart About Your Stocks

Aired October 13, 2012 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


FREDRICKA WHITFIELD, CNN ANCHOR: All right, let's talk about something Randi's been showing you all morning long. We're going to show you the latest stop on the route for a shuttle that has traveled 122 miles on the street and now to the shuttle "Endeavour" logging its last few miles on the streets of L.A.

Huge crowds are turning out to see the retiring spacecraft winding its way through the city to its final resting place, the California Science Center.

John Zarrella and Casey Wian are covering this story from different vantage points. We'll start with you, John. You're at a staging area where the shuttle is stopping for a public ceremony.

Some might argue that it seemed like it was at a standstill, going just 2 miles per hour. But now it really has stopped, putting the brakes on for this ceremony. What will take place?

JOHN ZARRELLA, CNN CORRESPONDENT: Yes, absolutely. In fact, they got here quite a bit early today, ahead of schedule so they've been sitting here a lot longer than they had anticipated and expected.

We are at the Old Forum where the Los Angeles Lakers used to play a little basketball back in the day before they moved. And you know, it gave an opportunity for thousands of people in the Englewood area to come out and see the space shuttle.

They had a marching band here. They've had music playing. "Endeavour" has been sitting there for the better part of an hour. A lot longer than we had anticipated, Fredricka, and I am joined by Stephanie Stilson who works for NASA and has been in charge of preparing all three of the space shuttle orbiters for their retirement. And Stephanie, just a great reception from the people in Los Angeles, right?

STEPHANIE STILSON, NASA: Absolutely. From the minute we got here, prior to offloading, before the "Endeavour" even got here, great support from the folks at Los Angeles International Airport and the surrounding communities. So it's been very welcoming.

ZARRELLA: Now from your perspective, you know, the shuttle retiring like this, there had been concerns because of the close quarters. There are areas where there's not much clearance.

STILSON: Very true. In fact, in some cases it's about an inch from wing tip to wall along the way. That's why we're using these special motorized transporters along the way.

It allows precise movement, very slow. We won't go more than 2 miles per hour anywhere along the route and much slower in these tight areas, but we've done very well.

In fact, the lowest clearance we've gone through already. It was 59 feet, a power line across, a tag line. We're at 56 feet at the top of the vertical stabilizer. Cleared it no problem, but we were watching and going slowly along that route.

ZARRELLA: I bet you were. Stephanie and I are going to be watching it all day, as it moves from here, Fredricka, about six more miles to go until they get to the California Science Center.

Once they leave there, they are going to go to a local area mall where there's another big celebration plan and then on. But what an amazing, amazing couple of days and opportunity the folks in the Los Angeles area have had to see the spacecraft going down the streets of L.A. and really an outpouring here from the people that none of us really expected, just tremendous outpouring from these folks.

WHITFIELD: Yes, incredible sight and folks are there, you know, with their cameras, with their phones snapping off pictures left and right. Thanks so much, John Zarrella. Keep us posted throughout the afternoon.

Casey Wian also out there in Los Angeles awaiting the arrival of the space shuttle where another vantage point for folks to see it up close and personal -- Casey.

CASEY WIAN, CNN CORRESPONDENT: Fredricka, this is about as close as you are going to get.

WHITFIELD: There you are. You're actually right there.

WIAN: To move the shuttle --

WHITFIELD: No. All right, we're going to have to try this again when we have another signal. Another shot at a better signal to get Casey Wian who is -- OK, let's try it again, Casey.

OK, well, we're not able to hear him. You can see him. He really is in the shadow of the space shuttle "Endeavour." What an incredible sight and vantage point.

We'll try to re-establish a connection with him about this historic movement for the space shuttle, of course it's parked right now. But it will be continuing to move its 2 miles per hour in order to make it to the California Science Museum.

It's travelled in all, 122 million miles in space and now making yet another trek before it meets its final resting stop. Of course, you can continue to watch the progress of the shuttle. We're going to keep a little shot right there on the bottom of your screen there to follow the shuttle's movements. Of course, you can also watch it on cnn.com live stream as well throughout the afternoon.

All right, Colorado now. There's a manhunt on for a killer of a 10- year-old girl. Police say they have found the body of Jessica Ridgeway. She was reported missing a week ago.

Jessica was last seen leaving school -- leaving for school, that is. An FBI spokesperson says they will not rest until Jessica's killer is caught. As for the community, they will come together for a balloon release later on this afternoon to celebrate young Jessica's life.

And then on to Pakistan now, three more suspects are under arrest in connection with the shooting of a teen activist. Already over 100 people have been detained in that attack.

The young girl is now fighting for her life in a hospital. Shot by Taliban for speaking out for her right to go to school, supporters gathered all over Pakistan to pray for her recovery.

All right, back in the U.S. now, a troubling incident at President Barack Obama's campaign office in Denver. Police say a shot was fired at the office yesterday, shattering the window.

People were inside the building at the time, but luckily no one was hurt. Police say they don't have a suspect yet, but they are investigating a possible suspicious car last seen at the scene.

All right, the ACLU says some students in a Michigan School District are not reading at grade level. So that group is now suing the state and education leaders. Our legal guys will have an opinion or two on this one.

(COMMERCIAL BREAK)

WHITFIELD: All right, this is the only place you can see it. Right now live pictures of the space shuttle "Endeavour." We're talking about a shuttle that flew to space 25 times, now making its final journey, a 12-mile trek through the streets of Los Angeles.

Right now, it's parked for a special ceremony taking place. But people of all shapes and sizes have come out with their cameras to take a quick picture of the space shuttle as it makes its way to the California Science Center.

It is stopped now, but when it does get moving it only travels about 2 miles per hour. It took all of these flights between 1992 and 2011 and now making its way to the final resting stop at the California Science Center.

You can watch it, of course, at the bottom of your screen. We're going to have a little box there that will show you the action or lack thereof throughout the afternoon and cnn.com as well. Keep a close watch on that. All right, now on to Michigan where Highland Park, near Detroit, used to be a vibrant community, but now the former home of Chrysler where unemployment is 27 percent, more than 40 percent of residents live below the poverty line.

When it comes to education, the children are being short changed. It is so bad that one school district, Highland Park, is being sued by the ACLU. Poppy Harlow explains.

(BEGIN VIDEOTAPE)

POPPY HARLOW, CNNMONEY.COM CORRESPONDENT (voice-over): Woodward Avenue, home of the Model T and once the pride of Highland Park, Michigan, now home to one of the worst performing school districts in the state.

UNIDENTIFIED FEMALE: Everybody is pointing their fingers at everybody else and nobody wants to take responsibility.

HARLOW: The ACLU of Michigan is suing. Claiming the district hasn't delivered on what state law require, special assistance for students not reading up to grade level.

KARY MOSS, EXECUTIVE DIRECTOR, ACLU MICHIGAN: We felt that at this point given the dire conditions that a lawsuit was going to be the only route that would get everybody who needs to be at the table at the table, working together.

HARLOW: So we went to see for ourselves.

UNIDENTIFIED FEMALE: -- starting from the basics. That way nobody will be behind.

HARLOW (on camera): Just 25 percent of seventh graders in this district met state standards for reading last year and only 7 percent for math. It gets worse. In 11th grade, only 10 percent scored proficiently in reading and less than 5 percent in math. What do these kids deserve?

UNIDENTIFIED FEMALE: Equality, fairness.

HARLOW: Are they getting that?

UNIDENTIFIED FEMALE: No.

HARLOW (voice-over): Theodosia Gulley taught sixth through eighth grade in Highland Park for years. She said last year, 65 percent of her students had fallen behind academically.

THEODOSIA GULLEY, FORMER HIGHLAND PARK TEACHER: Some of their performances were a low grade level and the means were not there to bring them up to grade level, such as counseling, intervention. This didn't just happen yesterday.

HARLOW: The lost opportunities bring her to tears. GULLEY: Every child can and will learn if they're provided with the right opportunities. I just don't think they get that. I don't think it's fair.

HARLOW: No plaintiffs in the lawsuit were willing to be interviewed. And few families with failing children would talk to us, but then we met a frustrated grandmother.

DOLORES STEPHEN-GRIFFIN, GRANDMOTHER OF HIGHLAND PARK STUDENT: I went to the school. They told us he was reading at a third grade level, but they're steady passing him on, still passing him on.

HARLOW: Her grandson, freshman Garrick Lee Steven loves football and wants to be a Marine.

(on camera): What's your message to the schools?

UNIDENTIFIED MALE: Teach kids more education.

HARLOW (voice-over): Because Garrick has a learning disorder, the ACLU lawsuit would not apply to him.

UNIDENTIFIED FEMALE: From an academic perspective, there have been deficiencies.

HARLOW: Like zero percent college readiness on the ACT, despite funding of more than $14,000 per student, among the highest in the state. Joyce Parker is tasked with improving the district.

(on camera): Where does the money go? I know there aren't enough books for all the kids to take home their books.

JOYCE PARKER, EMERGENCY FINANCIAL MANAGER, HIGHLAND PARK SCHOOL DISTRICT: In terms of overall administration, the district was not managed properly.

HARLOW (voice-over): She hired charter school operator, the Leona Group, to try to fix things.

PAMELA WILLIAMS, SUPT., HIGHLAND PARK RENAISSANCE ACADEMY: What they can expect from us is student achievement. They can see, expect to see student growth.

HARLOW: But none of the Michigan schools operated by the Leona Group rank in the top 50 percent state wide. The Leona Group has only just taken over this system, which has been ailing for years.

(on camera): Are kids getting sold short here?

UNIDENTIFIED MALE: Definitely.

HARLOW (voice-over): The 1997 graduate Keith Hollingshed blames the district for leaving him unprepared for the University of Michigan.

KEITH HOLLINGSHED, HIGHLAND PARK HIGH SCHOOL GRADUATE: I didn't have the core concepts in place to achieve in math or to write a great paper. It continuously breeds a population of people that are unprepared for the world.

HARLOW: The state of Michigan has moved to be dismissed from the lawsuit, acknowledging the school district is in terrible shape. But arguing a lawsuit is not a path to literacy. Poppy Harlow, CNN, Highland Park, Michigan.

(END VIDEOTAPE)

WHITFIELD: We're going talk much more about this case with our great legal minds, Avery and Richard. They're on standby, ready to go on this one. We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right, before the break, we were talking about the ACLU suing a Michigan School District for failing to teach most kids to read at their grade level.

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: Hello, Fredricka.

WHITFIELD: Hello, and Richard Herman in 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, Fredricka.

WHITFIELD: All right, this is heartbreaking, isn't it? Especially to hear the testimony of young kids who say they feel like the school district failed them.

So we're talking about Highland Park School District being under fire for having too many kids not meet literacy standards. So I wonder, Avery, how will the ACLU try to establish if there is intent or wilful negligence as it pertains to these kids not being able to read more proficiently?

FRIEDMAN: Well, I love this case, Fredricka. This is such a creative piece of litigation and they're basically saying there's a constitutional right to literacy.

And they derive that by saying if the government provides for public education that assumes that when you send children to school that there will be research-based teaching. There will be objective standards and measuring for literacy.

So the brilliance of this lawsuit is recognizing that the state hasn't done it. What they'll have to do. It's not a matter of money in Highland Park, Fredricka, they play $14,000 to $16,000 a student, a pupil, which is among the highest expenditures in the state.

So what the ACLU wants is for the court to say, yes, there's a constitutional right to literacy. Let's use science. Let's use objective standards. That should make a difference. That's the assumption that the case makes.

WHITFIELD: And so Richard, so it's not an issue of money. It's not an issue of the state of economics, but is there intent or will the ACLU try to establish that there is intent? There is an effort that this school district is making to fail its students?

HERMAN: I think the ACLU is going to establish how utterly incredibly devastating this program is. These students are getting annihilated, Fred. I like how the school district says we're going to move for dismissal.

We recognize there's a problem, but the courts aren't the way to solve it. The courts, unfortunately, are the only way to solve it right now because nobody's standing up there and nobody is doing the right thing.

When less than 10 percent of your students in middle school and high school graduate on proficient levels, I mean, come on. These students are not going to get into colleges.

If they do get into colleges they're not going to be able to handle the workload there. Avery talks about amount per student they spend.

FRIEDMAN: You need objective standards. You can't just say, well, that's the way it is, it's terrible. It's not money. It's idea of creating science-based teaching, a wonderful idea, to make people accountable. That's what the power of this lawsuit is all about. It's an extraordinary thing and a wonderful thing to happen.

HERMAN: Fred, it will open up --

FRIEDMAN: The state school board hasn't done it. There's no alternative to this.

WHITFIELD: OK, meantime, the state of Michigan has moved to be dismissed from this lawsuit, acknowledging that the school district is in, quote, "terrible shape," but arguing that, quote, "a lawsuit is not a path to literacy."

So it will be interesting to see where this goes, especially without the state's participation in all of this, gentlemen.

HERMAN: That's not going to be dismissed, Fred. It's not going to be dismissed.

WHITFIELD: You don't see the court accepting that motion?

HERMAN: That's right.

WHITFIELD: All right, let's move on to another case. I know you all can tackle this one. This involving a Chicago mother, her football playing son and taking on the Chicago public schools.

Darrien Boone, a quarterback for the high school football team has a frightening brush with death being held up near his school. His mother, Beverly Boone says I'm taking my kid out of this school, moving him to a vocational school.

And hoping that he can continue to play football, but the Chicago School District says he's ineligible to play. For how long would he be ineligible, Richard, or is there something wrong with that decision by the Chicago School District?

HERMAN: You know, Fred, high school football's gotten so big and what's happened is sometimes students are changing schools in order to get a starting position at a particular high school. They're shopping, high school shopping for football.

That is a problem prevalent throughout the United States. So these school districts enact these laws that require the students when they transfer in the same school district area, they have to sit out a year. That's usually what it is.

It's like that way all over the country. Here, this young man transferred two different high schools in that jurisdiction and school says, look, you can't play. There are hardship appeals that can be filed.

The schools do not compete against each other. He left it because he was held at gunpoint. What better reason to leave a school? So I think in the end, he's going to be able to play.

WHITFIELD: Avery?

FRIEDMAN: There's a missing piece here. How come mom simply didn't go to the district and say, we face this life-altering violence so we have to change. In other words, petition the school district before you unilaterally make the decision to move.

Look, as of yesterday, by the way, the Chicago public schools have a brilliant new superintendent, Barbara Bird Bennett. She's fabulous. I think a superintendent in the district will take a look at this.

They're facing a potential temporary restraining order. I actually think that the family has a chance at getting this transfer approved, but Richard's right. The fact is some kids transfer just to increase opportunities for football opportunities. This is a legitimate one. I think the Boone family will prevail in the case.

WHITFIELD: This constitutes that hardship appeal. All right, gentlemen, thanks so much.

FRIEDMAN: Yes.

WHITFIELD: More from you in about 20 minutes. The Maryland McDonald's worker who insisted that she won that mega millions jackpot, but that she lost her ticket. Well, her co-workers haven't forgotten this case. They have a beef with her that they want to set until court now. We'll see you in 20.

Five years ago this month, a Montana father lost his daughter to a drunk driver. Well, now he has set out on a mission to protect all children of his community from the same fate. Meet "CNN Hero" Leo McCarthy.

(BEGIN VIDEOTAPE)

LEO MCCARTHY, COMMUNITY CRUSADER: October 27, 2007, was a beautiful autumn day. Mariah was with her two friends. I didn't know the last time I kissed her would be the last time.

Later that night, they were walking down this path, when an underage drunk driver swerved off the road and hit them. Mariah landed here. She died that night. They were only a block away from my house.

Mariah was only 14, and I'm thinking how did this happen? It's so preventable. My name is Leo McCarthy. I give kids tools to stay away from drinking.

Our state has been notoriously top five in drinking and driving fatalities in the country. The drinking culture, it's a cyclical disease that we allow to continue.

Mariah's challenge is to be the first generation of kids to not drink. In the eulogy, I said if you stick with me for four years, don't use alcohol, don't use illicit drugs, I'll be there with a bunch of other people to give you money to go to secondary school.

UNIDENTIFIED FEMALE: I promise not to drink until I am 21.

UNIDENTIFIED FEMALE: I promise not to get into a car with on someone who has been drinking.

UNIDENTIFIED MALE: I promise to give back to my community.

MCCARTHY: I think Mariah's challenge is something that makes people think a little bit more, to say we can be better. Mariah is forever 14. I can't get her back, but I can help other parents keep their kids safe. If we save one child, we save a generation.

(END VIDEOTAPE)

WHITFIELD: Incredible. I'll be talking to Leroy McCarthy about his mission in our 3:00 Eastern hour. He's one of our top ten honorees eligible to become "CNN Hero of the Year." Cast your vote at cnnheroes.com. The winner will receive $250,000.

The two men running for the White House have answered questions about taxes, foreign policy, but they answered some pretty unconventional and revealing questions as well to "Reader's Digest." We'll have the scoop on that.

If you're leaving the house right now, just a reminder, you can continue watching CNN from your mobile phone or from your laptop. Just go to cnn.com/tv.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back to the NEWSROOM. It's half past the hour. Shuttle "Endeavour" making its way through 12 miles of Los Angeles except right now, it's kind of at a standstill as it eventually makes its final journey to the California Science Center for all to see.

Folks are out there taking pictures, enjoying the sights of this incredible shuttle that's traveled over 100 million miles in space. You can continue to watch it at the bottom of our screen as you watch us or you can go to cnn.com/live as well.

All right, so what's President Obama's favorite word? And what's Mitt Romney's best joke? Well, these are just kinds -- some of the offbeat questions that "Reader's Digest" editor, Liz Vaccariello, asked each of the candidates as they sat down for an unconventional kind of interview.

I asked Liz what was the most surprising thing she learned about each of the men running for president.

(BEGIN VIDEOTAPE)

LIZ VACCARIELLO, EDITOR, "READER'S DIGEST": I was surprised at the president. First of all, we conducted the interview in the oval office. Here he is at the apex of the world and he takes half an hour out of his day and was in the moment and revealing and warm and engaging and able and willing to tell very revealing stories about his emotion and his memories.

And then Governor Romney by the same token, I thought he'd be a little more stiff and guarded. While some of his answers were shorter, he also was very -- he would light up. There was a glint in his eye whenever he talked about his family.

His wife or his 18 grand children, there's a twinkle there in the eye that you cannot fake. So that was surprising and interesting to me.

WHITFIELD: So what was that all about? You even asked him about what mission he would set forth and if he would be thinking about his grand children if he had to make a decision as president about whether the country should go to war.

VACCARIELLO: Right.

WHITFIELD: Did you feel like that was, you know, something close to his heart, that he would be thinking about his family members, thinking about his kids, the gravity of it all?

VACCARIELLO: He would. I asked both men that question. I asked President Obama what did you say to Malia and Sasha the night Osama Bin Laden was killed. He answered it in terms of how his children understood what the families of the victims had gone through.

So he was able to sort of turn that experience and that evening at dinner with his children towards what it meant for the families. When I talked to Governor Romney about it, I said how would you explain the role of a president and how you have to make life and death decisions.

You have to kill people when you're president. How would you explain that to your grand children? He went right to the place of, you know, it's a very high bar before I make that decision. You have to be sure of what you're getting into, what you're going to do, how you're going to succeed and get out. So his answer was a little less personal than President Obama's.

WHITFIELD: You went into this interview, revealing to them this would be less about policy and issues and your platform and more about who you are as an individual.

VACCARIELLO: Right.

WHITFIELD: And both were, you know, equally, I guess eager to reveal themselves in that way?

VACCARIELLO: They were. The questions -- one question is a good example. I said "Reader's Digest" has a favorite column called word power. I said what's your favorite word in any language?

President Obama thought for a brief moment and said grace. And he talked about life's graceful moments, the grace that we find within us. And it was just a lovely, you know, minute or two.

I asked Governor Romney what his favorite word is. He didn't miss a beat and gave me a one word answer, indominable. So that just shows you there's a difference in the way they chose to answer that question.

So I think it's an interesting juxtaposition, hearing the same questions answered by two different men in two different settings.

WHITFIELD: You were able to get them to laugh a little bit.

VACCARIELLO: Yes.

WHITFIELD: And try to remember or reveal kind of the latest joke. I wouldn't be able to remember one if you put me on the spot like that. Both of them came up with some good material.

VACCARIELLO: They did. I said laughter's the best medicine. What's your favorite joke and tell it to me now. We have both jokes on the "Reader's Digest" site and people can vote on them on which is funnier.

You don't know who said what. So joke number one is I walked into a campaign rally of supporters and I turned to my wife and said did you ever imagine in your wildest dreams that I would be running for public office?

And my wife turned to me and said, honey, you were never in my wildest dreams. So that's joke number one. Joke number two is a 4-year-old walks into a room, sees a picture of the president on wall and the parent says, son, do you know who that is and what they do? The child looks and says, he approves this message?

WHITFIELD: That's really great stuff.

(END VIDEOTAPE) WHITFIELD: Liz Vaccariello there with "Reader's Digest." You can read the full interview starting October 16th when that issue hits newsstands. If you want to guess which candidate told which joke, you need to go to rd.com.

All right, a woman who says she received a tainted shot is suing over the meningitis outbreak even though she's not sure she has the fungal meningitis illness. Our legal guys are standing by to weigh in on that case.

(COMMERCIAL BREAK)

WHITFIELD: All right, can you believe it's 24 days until Election Day? Both candidates are busy this weekend prepping for the next big debate, Tuesday night.

Our CNN political reporter, Shannon Travis, joining us live from Washington. So Shannon, you know, the pressure is on President Obama in particular to put on a strong performance next week after last week's critical debate reviews. How is he preparing?

SHANNON TRAVIS, CNN POLITICAL REPORTER: Well, he's preparing by not taking anything to chance. It's not to say he did that in the last debate, of course. But his team is certainly aware that this time that they will have to come more passionately, harder, a little bit stronger in terms of making points, in terms of rebutting Governor Romney.

The president is going to be hunkered down today. No public events, Fred, in Williamsburg, Virginia, obviously a battleground state that he hopes to win. He won it in 2008.

So you won't see him today at all. On the other hand, Mitt Romney, you will see a little bit from him in two public events from him in Ohio. In between that we're hearing he's having debate preps, too -- Fred.

WHITFIELD: OK, so this is a big weekend for Obama and Romney to prep as much as they can. Are we talking about kind of mock debate type of setups?

TRAVIS: Yes. I mean, most of the debate preps that we have been hearing about have involved these very real life-like situations where they're actually sitting, you know, in the same kind of setup they will be sitting in the debate itself, with a mock moderator, with questions, obviously.

So we anticipate that there will be more of that this weekend for both men. Advisers tell us that, you know, having those re-creating those natural settings makes them in the forum, in the arena, if you will, so they are comfortable with how they answer stylistically, substance wise as well -- Fred.

WHITFIELD: OK, pressure's on. Shannon Travis, thanks so much. Not the pressure on you, but the pressure's on them.

TRAVIS: Pressure is always on.

WHITFIELD: Thanks so much, Shannon.

All right, a group has a beef with a co-worker who they say cooked up a scheme and made off with their lottery winnings. Our legal guys will be weighing in on that one.

(COMMERCIAL BREAK)

WHITFIELD: A woman in Minnesota is believed to be the first to file a lawsuit in connection with that meningitis outbreak that killed 14 people.

Our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas. Sorry about that. Good to see you guys again.

All right, so in this suit, Barbie Perot alleges that in September she was injected with the tainted batch of the steroids from that Massachusetts-based New England Compounding Center.

And even though she doesn't have fungal meningitis, she's not tested positive for it. She is suing pre-emptively and so is this a plausible case, Richard?

HERMAN: Well, she's trying to put a class-action together, Fred and to that extent, I think it is a plausible case. Fourteen people are dead, 170 people are being treated as recipients of this tainted meningitis.

In a case like this, Fred, you know, the plaintiffs' attorneys stand up in summation and they ask the jury, we need to send a message to these pharmaceutical companies will be more cautious and treat their materials effectively.

I mean, this is just an unbelievable situation. I don't know how these drugs could be tainted with meningitis which kills. So I think she's -- class will be certified and I think this pharmaceutical company, the future does not look very bright for them.

WHITFIELD: What's interesting, too, Avery, is that the symptoms according to the CDC are very slow to reveal themselves.

FRIEDMAN: That's right.

WHITFIELD: So in a case like this where, you know, she is essentially awaiting result, she does say that she was one of the 14,000 people forced to undergo a spinal tap and provide blood work.

FRIEDMAN: Right.

WHITFIELD: And she's still awaiting the results of that, yet she has filed this suit, like Richard said, in hopes that others will be part of this kind of class-action suit. Is this a smart legal move to make?

FRIEDMAN: I think, not only is it a smart legal move, Fredricka, I think it demonstrates that in a free society, the importance of the role of lawyers and the legal system when you have a cataclysmic case like this where you have 14 people dead.

You have countless numbers of people month are now going to have to get painful spinal taps in order to test out whether or not that contaminated steroid is affecting them, potentially 12,000 people, this is a products liability case, a very important case.

I think the best of what lawyers do in protecting the public. And so I think the class will be certified by the united district judge. We're going to see more federal lawsuits this coming week, Fredricka. I think ultimately there will be a national class-action addressing the issue.

Some of the ex-employees, believe it or not, are now surfacing. Some are saying, look, we did it right. Others were saying there were problems in how we manufactured and distributed.

So that's going to be important evidence in the case. We'll see as the case now moves forward in a class-action.

WHITFIELD: Yes, and we did reach out to the New England Compounding Center and it said, quote, "We will refrain from commenting at this time."

All right, meantime, let's move on to another case. This one it Maryland, perhaps you all remember a Maryland McDonald's employee who says, you know, she had the winning lottery ticket, Mega Millions ticket of $656 million.

But instead of, I guess, carrying through a company pact where she and her other fellow employees at McDonald's were to claim the winnings she made a deal with three other educators but it went back and forth, she didn't make the deal, et cetera.

Now those McDonald's fellow employees have filed a suit saying we want our money. I think we first have to resolve, did she have the winning ticket, Richard, or not?

HERMAN: Baltimore. That's where it took place, Fred. They're a city of dreamers because the Yankees ended that dream yesterday for them.

WHITFIELD: Watch it.

HERMAN: Right. I'm from New York, obviously.

WHITFIELD: I'm from Maryland. Watch it.

FRIEDMAN: You're in Vegas.

HERMAN: I just flew in yesterday. They are dreamers. They don't have any proof that she had the ticket. She certainly didn't cash it herself. Nobody has seen the ticket. You know, it's a great idea but you can make all these allegations for $130, anybody can file a lawsuit and make these allegations. You have to prove it. It's what you can prove. This group, they're disgruntled, they wish she had it. They can't prove it. If all of a sudden her lifestyle changes because she appointed nominees to cash in the ticket, obviously there will be an investigation and continuing lawsuit. Right now, this case is going nowhere.

WHITFIELD: Really? So Avery, the attorneys --

HERMAN: Like the Orioles, it's over.

WHITFIELD: You know, the attorneys representing the other McDonald's employees are asking for bank records. They're not so convinced. They want to see she didn't deposit great sums of money into her accounts as well as these other educators.

FRIEDMAN: Well, on top of that, you know, I told you how proud I am of the profession in the first case. This is awful. This is a case where all they have to do is go to the lottery commission. The lottery has indicated three public school teachers have prevailed.

They're saying that Wilson made a secret deal with the teachers to pay them 1 million bucks so she can keep the dough. The lottery commission said, look, we have the records. We show the money's been paid to the teachers.

Really, this is the kind of case that may very well be sanctionable if they can't show anything. I think this case is very problematic. I don't know where Ms. Wilson is coming from. She never had the ticket in the first place. Now she's a defendant with these other workers. What a mess.

WHITFIELD: What a mess indeed. It's a terrible mess. All right, gentlemen, thanks so much.

HERMAN: Absolutely.

WHITFIELD: Always good to see you. We're going to see you again for an encore performance later on in the day, in the 4:00 Eastern hour so folks need to tune in for that.

HERMAN: Looking forward to it. It will be great.

WHITFIELD: We have a bonus case you can tackle.

HERMAN: Right.

FRIEDMAN: I want you to know I'm getting boy vibes with you.

WHITFIELD: Are you feeling the boy thing?

FRIEDMAN: I'm feeling the boy thing.

WHITFIELD: We'll see. We'll see.

FRIEDMAN: We'll see. WHITFIELD: All right, the forever tom boy in me, you know, it could happen. All right, Richard, Avery, thank you so much. Good to see you guys and see you again in a few hours.

And we'll be right with much more of the NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: Is it time to scale back on stocks? Wall Street has had a pretty good year, but no one wants to fall off a fiscal cliff come January 1. Christine Romans has this week's "Smart is the New Rich."

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): In the stock market, there are bulls, bears and scaredy cats. Stocks are up this year, big time. The Federal Reserve is stimulating the economy, keeping interest rates super low.

Riskier assets like stocks and commodities have been rising. Is the rally for stocks over? CNN Money surveyed 37 investment advisers. Most see the S&P 500 ending the year right here. What's the problem?

STACY FRANCIS, CEO, FRANCIS FINANCIAL: We've got some big, dark clouds ahead of us.

ROMANS: America's fiscal cliff, Europe's mess, China's slowdown. It's been a good ride, time for a pause.

FRANCIS: We expect somewhat of a flat year from here on out.

ROMANS (on camera): Next year?

FRANCIS: In next year, the growth we're going to see is nowhere near this.

ROMANS: If you're a more conservative investor should you be considering not having so much in stocks in your 401(k)?

FRANCIS: Well, actually now could be a good time to change your overall profile and overall risk tolerance and become a more conservative investor.

ROMANS (voice-over): But bulls say pause now and you're a fool.

NED RILEY, CHAIRMAN, RILEY ASSET MANAGEMENT: I'm definitely a bull in this market today, next year and the year after.

UNIDENTIFIED MALE: I think the economics will change dramatically in about nine months. This should be a time where people should be buying, increasing risk tolerance, increasing exposure to the stock market itself.

ROMANS: And for the scaredy cats out there, you can expect virtually no return on your money sitting in the bank or in bonds. RILEY: For the longer term, the average investor will need a much better return than the zero percent or 1 percent or 2 percent they might get in bonds.

ROMANS: Whatever you do bulls and bears agree.

FRANCIS: Don't let the headlines drive you for your choices about how you invest. It's more about the long term and where you want to go and what type of portfolio you need to support you to get there.

ROMANS: You won't get there if you don't know the login to your 401(k). Christine Romans, CNN, New York.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: It's on the move again after being parked for quite a bit of time. We're talking about the space shuttle "Endeavour" now making its way through 12 miles of Los Angeles as it makes its way to the California Science Center Museum where it will enjoy its retirement.

And it will be on permanent display beginning October 30th. Just some stats that you might appreciate, this shuttle is 78 feet wide and it's five stories high at its tail, making it the largest object ever to move through Los Angeles.

Remember a number of trees had to be cut down in order to make room for this spacecraft to make its journey there through 12 miles of Los Angeles.

Casey Wian has the best vantage point or has had one of the best vantage points. He's joining us right now on the phone. Why was it parked so long -- Casey.

WIAN (via telephone): Well, the short answer, Fredricka, if you get politicians in front of cameras. There were a lot of speeches here at Englewood, California, people trying to talk about the importance of the space shuttle to their community and using this as an opportunity to celebrate.

It just took a little bit longer with the speeches than organizers inspected. The shuttle is moving again on the last 5 miles or so of its journey towards the California Science Center.

WHITFIELD: Wow, last 5 miles. It's moving 2 miles per hour or so. Along that remaining 5 miles, people are lined up to get their close- up, personal views?

WIAN: By the thousands and thousands. Tens of thousands of people, you know, throughout this 12-mile stretch, have been out. That's probably being conservative, watching the shuttle. We got out here at 5:00 this morning local time.

The streets were lined at that time. They're lined right now. Everyone seemingly has a camera, taking pictures of the shuttle. It's a truly once in a lifetime experience, Fredricka.

WHITFIELD: Fantastic, all right, Casey Wian, thanks so much. Later on today, 2:00 Eastern hour, we're going to talk with shuttle astronaut, Leroy Chow. He actually spent some time on "Endeavour." And he is calling today kind of bitter sweet, all and that more straight ahead. I'm Fredricka Whitfield. "YOUR MONEY" starts right now.