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CNN NEWSROOM

Lead Investigator in Pistorius Case Faces Charges; Wal Mart Reports High 2012 Earnings; Gearing Up for the Oscars; Affleck's Amazing Hollywood Comeback

Aired February 21, 2013 - 09:00   ET

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


(BEGIN VIDEOTAPE)

CAROL COSTELLO, CNN ANCHOR (voice-over): Happening now in the NEWSROOM: Shocker in South Africa, the lead investigator in the Oscar Pistorius case facing seven attempted murder charges.

Unbelievable new details coming out of court while Reeva's family is speaking out to CNN.

KIM MARTIN, COUSIN OF REEVA STEENKAMP: Reeva was, she was exceptional.

COSTELLO: Also breaking overnight: a massive winter blast. Snow, ice, tornadoes, all from one system.

CHAD MYERS, AMS METEOROLOGIST: Think of an inch of ice coating everything. Power lines coming down, trees coming down.

COSTELLO: We're tracking the storm's every move, live in Wichita.

ERIN MCPIKE, CNN CORRESPONDENT: You're right. It is coming down very hard and very fast.

COSTELLO: Plus, fast food nation: A revealing look at what we eat and how much.

And the road to Oscar.

UNIDENTIFIED MALE: You have a better bad idea than this?

UNIDENTIFIED MALE: This is the best bad idea we have, sir.

COSTELLO: Ben Affleck in "Argo".

BEN AFFLECK, ACTOR/DIRECTOR: I'm thrilled, I never thought I would get to this place in my career.

Our Nischelle Turner and the race to the red carpet. You're live in the CNN NEWSROOM.

(END VIDEOTAPE)

(MUSIC)

COSTELLO (on-camera): Good morning, thank you so much for being with me. I'm Carol Costello. Two bombshells in the Oscar Pistorius case.

Just minutes ago, the judge announcing he will not make a ruling on bail today. His decision comes on the third day of hearing during final arguments. We'll have more on today's proceedings in just a minute, but first, that shocker involving the lead investigator in the case.

CNN's Nic Robertson has that story from Pretoria.

(BEGIN VIDEOTAPE)

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Even before the court begins, a bombshell: South African police announce the lead investigator, Hilton Botha, faces seven counts of attempted murder himself. It stems from an incident when he and other officers allegedly fired shots at a van carrying seven people. They were also charged with using firearms while under the influence of alcohol. The charges had been dropped but were reinstated days before the Pistorius case broke out.

Inside the hot, stuffy courtroom, the judge called for Botha to appear to grill him about his handling of the case against the Olympic athlete, asking him, "Did you request records from Reeva Steenkamp's cell phone?" "Did she receive text messages between 2:00 and 3:00 a.m.?" Botha's response, "I don't know."

When final arguments got underway in the bail hearing, the defense insisted the evidence shows Oscar Pistorius did not commit murder, saying if Pistorius really wanted to kill his girlfriend, he would have done it in the bedroom; that her empty bladder is consistent with someone simply getting up and going to the restroom in the middle of the night. They say that Steenkamp probably locked the door frantically as she heard Pistorius shouting at a burglar and insists Pistorius carried her downstairs to take her to the hospital desperate to save her life.

The defense argues for a lesser charge and that Oscar Pistorius should be allowed to stay out on bail.

(END VIDEOTAPE)

COSTELLO: Nic Robertson joins us live now. And a question, why did the judge decide to put off his decision on bail?

ROBERTSON: It seems because neither the prosecution or the defense are ready to rest their appeals for either no bail or for bail to be enforced, so it seems to be very much there's still more to play out in the courtroom. We've just heard from the prosecutor really digging back into the details again, asking how there were two cell phones and a pistol on the floor in the bathroom, which is where Reeva Steenkamp died. What was the reason for that? Why didn't he call out to Steenkamp? Why didn't Pistorius call out to Steenkamp? So we've seen the prosecutor raise that as an issue even in the closing minutes.

The courtroom adjourned now for the day. We're seeing the magistrate ask some very pointed questions about, well, perhaps Steenkamp's bladder was empty because when she was shot, that's when her bladder emptied. There was no indication she had naturally gone to the bathroom or anything other than perhaps hiding there. The magistrate also talked about his concerns about Pistorius' alleged previous violent incidents where a pistol went off in a restaurant and another situation where he apparently threatened somebody with injury.

So it does seem, really, the defense and the prosecution here and the magistrate digging very, very deep, Carol.

COSTELLO: Nic Robertson reporting live from South Africa this morning.

Reeva's family says the entire ordeal has been surreal, her cousin telling CNN's Piers Morgan how mothering Reeva was everyone in her life.

(BEGIN VIDEO CLIP)

MARTIN: Reeva was, she was exceptional. I mean, you've heard in the media what an amazing person she was, but she really was. I mean, from a young age, there was something magical about her. She had this kind, nurturing soul, and doesn't matter if you were 20 years older than her or 20 years younger than her, you always felt like she was mothering you and looking after you..

(END VIDEO CLIP)

COSTELLO: Her half brother told CNN's Jake Tapper that they never heard anything bad about her relationship with Pistorius and that, by all accounts, Reeva seemed very happy with him.

In the meantime, Nike has suspended its contract with Pistorius. In a statement, the company said, quote, "We believe Oscar Pistorius should be afforded due process and we will continue to monitor the situation closely."

Turning to your money, U.S. stock markets are poised to open lower this morning.

(BELL RINGING)

That's after stocks plunged ahead of Wednesday's opening bell, the Dow Jones dropping more than 100 points on worries the Federal Reserve might scale back its bond buying program. The S&P and NASDAQ also closed lower.

It's a different story, though, for Wal-Mart this morning. The mega retailer reporting a bigger than expected profit last quarter, and the stock is heading higher in premarket trading. But Wal-Mart is tampering that optimism and pointing out consumers are growing more cautious.

Christine Romans joins us now from New York and we had heard that Wal- Mart's earnings were going to be down.

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: Look, we know that things were good for Wal-Mart in the last part of last year, good holiday season, but Carol, the most important thing is what's happening in the first part of this year, and Wal-Mart confirming it is worried. Specifically the paycheck to paycheck customer is showing signs of strain, and sales are slowing in February.

So what's happening at the beginning part of this year that's troublesome for consumers? Well, the delay in income tax refunds, that's something hurting the Wal-Mart shopper. Rising gas prices - you know, Caro, gas prices are up 47 cents in just 35 days. The payroll tax holiday is gone; that means people have less money in their pockets. I mean, how much less? If you make $30,000 a year, a prime Wal-Mart shopper, you're seeing $50 less each month. That's less money that you're going to spend at places like Wal-Mart, and so they're noticing it in the sales, Carol.

COSTELLO: Understood. Christine Romans reporting live from New York this morning.

In Kansas City, Missouri, we're getting a new look at a gas explosion that killed one person. Take a look. This video was taken across the street Tuesday as the gas line exploded inside a popular restaurant. Fifteen people were hurt. There it is, you see it there. Wow. A subcontractor reported hitting a gas line about an hour before the explosion.

And in Eastern Georgia, investigators are trying to figure out why a small plane crashed after landing, killing five people. The FAA says the plane ran off the runway last night outside of Augusta following a flight from Nashville. Two people on board did survive.

Thirty million people across the country are waking up to scenes like this in Kansas today, the storm affecting 800,000 square miles in 18 states. Check out what happened at the World Golf Championships in Arizona. In just a matter of hours, the fairway getting covered in two inches of snow, and that means playing was suspended.

In San Bernardino, California, cars crashing into one another. Oh, wow. Yes, they were. The storm causing a traffic nightmare from the West Coast to the Central Plains.

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UNIDENTIFIED MALE: Side roads, once you get off the middle of the road, on the sides where they haven't plowed, yes, it's getting pretty slick there.

UNIDENTIFIED MALE: My daughter's at Columbia and she got stuck in the mud. She slid off the road. I can't get to her. It's a mess everywhere. So highway 49 is actually blocked right now.

(END VIDEO CLIP)

COSTELLO: Erin McPike is in Wichita, Kansas, and meteorologist Jennifer Delgado is here at the CNN Weather Center. We start with you Erin, because, oh, it stopped snowing for a little while at least right? ERIN MCPIKE, CNN CORRESPONDENT: It looks like it has stopped, yes. However, the governor of Kansas, Sam Brownback, did declare a state of emergency here because we have seen a lot of snow pile up in the last four hours or so. We've got somewhere between 6 to 8 inches.

And if you can check out over here a little bit, obviously you can't see the road, but also we've seen snowplows go by all morning long , at least eight to ten times, and it's making a median, big heaps of snow there in the middle. That's going to be a huge mess.

Now, Carol, one of the very interesting things about this snowstorm is that it's thunder snow. So we have some video from earlier this morning of lightning and thunder with that snow. We'll play that here for a second. I guess you can see it.

And because of this snow, so much of the state is shut down today. Most of the universities are closed, lots of public schools. The government, for the most part, is shut down. So we want to see people stay off the roads today and stay home and play, Carol.

COSTELLO: That is so strange to listen to it thundering while it's snowing. Weird. OK ,well, you stay safe out there and try to stay warm. Erin McPike, thank you so much.

This isn't the only storm threatening the United States right now. Jennifer Delgado is at the CNN Weather center to tell us more.

JENNIFER DELGADO, AMS METEOROLOGIST: Hi there, Carol. You're right. We are watching this big storm system because this is what we're calling our triple threat. We're dealing with the snow, the ice, as well as the severe storms.

We start off right now, again focusing on what's happening there, the snow. And in Wichita they're getting a break from the heavier snowfall but it is pounding parts of Kansas City. You can see where the wintry mix is through southern parts of Arkansas as well as into parts of Missouri. Now, what we're going to see is potentially 12 to 18 inches of snowfall, and the heaviest is certainly going to be to the north of Interstate 70 and across parts of Kansas.

Now, the other part of this was the freezing rain; we're going to see this ice accumulating in some locations up to three-quarters of an inch. Of course, this is going to cause problems with trees, power lines coming down, so certainly that is the other part of the story.

But let's follow what's happening down in Texas. Stronger storms moving through, you can see that line of storms, and the convection with this storm system is what is causing that thunder snow that Erin is enjoying right now. I have to tell you, I'm a little bit jealous with us that.

But the other thing that we're watching is the flood potential. With the storm system, it's not going to be done just today and tomorrow; it's going to move across the East. It's going to bring potentially six inches of rainfall across parts of the south -- and, notice, Atlanta, Georgia, is right there, too. Carol, you don't like that, do you?

COSTELLO: No, I forgot my umbrella.

DELGADO: Would you rather have six inches of snow or rain?

COSTELLO: OK, point taken. I'll take the rain.

DELGADO: All right, pick your evil.

COSTELLO: Exactly. Thank you, Jennifer.

Just ahead, our Nischelle Turner gives us an inside look at the rise and fall and rise again of Ben Affleck.

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: Yes, Carol. Who knew a Best Director Oscar snub would lead to award season success? Ben Affleck's second act, when we come back.

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COSTELLO: It is 15 minutes past the hour. Time to check our top stories.

An alliance of medical societies says 90 medical tests and procedures are overused, not always necessary, and could even harm the patient. Today, the ABIM Foundation is releasing its recommendations. They include not giving certain medicines to older diabetic patients. The list intended to help patients talk to their doctor to ensure that a medical test is actually necessary.

Drew Peterson could be sentenced today in the murder of his third wife, if a judge throws out his bid for a new trial. In September, an Illinois jury convicted the ex-cop. His third wife's death was once ruled an accident but later changed to homicide after his fourth wife disappeared. Peterson could face up to 60 years behind bars.

A northern Arizona road remains closed after a section of pavement collapsed. The Arizona Department of Transportation says a geologic event may be to blame. Drivers have to take a 45-mile detour while engineers try to figure out how to fix this thing.

President Obama opens up about his golf game with Tiger Woods. The two partnered Sunday in Florida. President Obama telling CNN affiliate KGO "Tiger has nothing to worry about."

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: He plays a different game than I do. He's on another planet.

INTERVIEWER: Is he more nervous because he's playing with you or you more nervous because you're playing with Tiger Woods?

OBAMA: You know, I don't think either party was nervous. You know, he knew that I wasn't a big threat to his world ranking, and I knew that I better keep my day job. (END VIDEO CLIP)

COSTELLO: Woods says he and the president beat Democratic donor Jim Crane and U.S. trade representative Ron Kirk during their golf game.

They may have been making a fake movie but "Argo" has a chance at taking home Oscar on Sunday.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I got an idea.

UNIDENTIFIED MALE: They're a Canadian film crew for a science fiction movie.

UNIDENTIFIED MALE: I fly to Tehran.

UNIDENTIFIED MALE: We fly out as a film crew.

I need you to help me make a fake movie.

UNIDENTIFIED MALE: You want to come to Hollywood and act like a big shot without actually doing anything?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: You'll fit right in.

(END VIDEO CLIP)

COSTELLO: I must see this movie.

While the film could take home best picture, it definitely won't win for best director because while Ben Affleck has been taken home top prizes at other award shows, he was not nominated for an Oscar for director.

Nischelle Turner joins us from Los Angeles with more on the biggest snub in Hollywood.

Good morning.

TURNER: Carol, did you just say I must see this movie?

COSTELLO: Yes, I can't believe I haven't seen it -- and it's the kind of movie I love.

TURNER: I'm about to walk out of this booth right now.

Carol, run to the theater before Sunday and see this movie. It is just that good.

You know, I was there that morning at the Oscar nominations with the best director category came up. There were a couple of names that everyone expected to hear, right? But when the list was read, no Ben Affleck. It was almost like the needle scratching the record. You could you see people actually mouthing, no Ben Affleck?

Well, little did we know, this snub would become just another scene in what he's now dubbed his second act.

(BEGIN VIDEOTAPE)

BEN AFFLECK, ACTOR/DIRECTOR: I'm thrilled, I never thought I would get to this place in my career at this point.

TURNER (voice-over): And what a career it's been for "Argo" director Ben Affleck. Fifteen years ago, he and fellow Boston buddy Matt Damon took home screenwriting Oscars for "Goodwill Hunting."

AFFLECK: Thank you so much.

TURNER: He quickly became one of Hollywood's hottest young stars. But after early success came a series of flops like "Jersey Girl" and "Gigli."

AFFLECK: Hello.

TURNER: Both co-starring Jennifer Lopez to whom Affleck was once engaged.

The couple dominated tabloid headlines throughout their relationship which ended in 2004.

AFFLECK: I have some stuff work and stuff didn't, I ran afoul of the press a little bit and became overexposed, causing me to kind of turn around and question, what did I want to do in the industry?

TURNER: What he did was become a director, starting with "Gone Baby Gone" in 2007, followed by "The Town", considered one of the best films of 2010. George Clooney, co-producer on "Argo", credits Affleck's move mind the camera.

GEORGE CLOONEY, ACTOR: He was in actor jail for a couple of years. We've all done it. He directed his way out of this.

TURNER: Which brings to us "Argo", widely regarded as Ben's best directing project. It's been a box office success and was an early contender heading into awards season. Then, last month came the snub heard round Hollywood, when Affleck was not nominated for best director at the Academy Awards, despite "Argo" getting a best picture nod.

That snub hasn't hurt him in the awards circuit, quite the opposite actually. Golden Globes, Directors Guild, BAFTAs, you name the award, Affleck has won it for directing "Argo." The drama is a front-runner in the Oscar best picture race.

Whether Affleck will once again be the toast of the Oscars remains to be seen. But according to long time pal Matt Damon, a lot has changed since their big night 15 years ago. (on camera): When we first kind of saw you and Affleck, you were the kids about town in Hollywood.

MATT DAMON, ACTOR: In one respect, it feels like yesterday and then I look at, you know, we're both, we're married, we've got these beautiful children. We've lived a lot of life.

(END VIDEOTAPE)

TURNER: Yes, they have.

You know, Ben Affleck was nominated as a producer for the film, and he's been publicly saying how proud he is of the film's seven nominations, as he should be.

But "Argo" is being considered a front-runner for best picture, which is really odd because usually when a director is not nominated for best director, the movie doesn't win best picture, but with all of the "Argo" momentum right now this year, that could change.

But, you know, Carol, the thing I like about Ben Affleck, he always ends everything with a laugh or a joke when people ask him about the snub. He always says, why isn't anyone saying I was snubbed in the best actor category? Hmm.

COSTELLO: Hey. And now he can say, I told you so, without having to say "I told you so".

Nischelle Turner, thanks so much.

TURNER: He definitely could be doing that Sunday night. Sure.

COSTELLO: Yes. Thanks, Nischelle.

TURNER: You can catch CNN Oscar coverage this Sunday night. Our red carpet special "The Road to Gold" starts at 6:00 Eastern Time.

And this bit of news just in to CNN, former First Lady Laura Bush is asking to be removed from the new same-sex marriage ad that's out now.

(BEGIN VIDEO CLIP)

AD NARRATOR: None of us would want to be told we can't marry the person we life. That's why a growing majority of Americans believe it's time to allow marriage for gay and lesbian couples.

LAURA BUSH, FORMER FIRST LADY: When couples are admitted, they ought to have the same rights that everyone has.

COLIN POWELL, FORMER SECRETARY OF STATE: Allowing them to live together with the protection of law seems to me is --

(END VIDEO CLIP)

COSTELLO: According to Laura Bush's spokeswoman, this is a quote, "Mrs. Bush did not approve of her inclusion in this advertisement nor is she associated in any way with the group that made the ad. When she became aware of the advertisement Tuesday night, we requested that the group remove her from it."

The ad was produced by the group the Respect for Marriage Coalition. We're going to talk more much about this topic on a new talk back show that comes your way at 10:30 Eastern time.

Talk back question for this hour: who is to blame for forced spending cuts? You know, what Washington calls sequestration, the massive forced budget cuts are just days away now. Facebook.com/CarolCNN or tweet me @carolCNN.

(COMMERCIAL BREAK)

COSTELLO: Now is your chance to talk back on the big stories of the day. The question for you this morning: who is to blame for forced spending cuts? You know, sequestration? It's exhausting. Imagine playing the blame game day after day after day.

(BEGIN VIDEO CLIP)

SEN. RAND PAUL (R), KENTUCKY: I'm not really willing to discuss it in the framework that he's made up for himself. I mean, for goodness' sakes, it was his proposal. You know, he proposed the sequester. It was his idea. He signed it into law, and now he's going to tell us that, oh, it's all our fault?

(END VIDEO CLIP)

COSTELLO: Yes, he's talking about the president. But does Senator Rand Paul realize according to "The Atlantic" the Senate has not passed major legislation in 952 days?

Allow me to let that sink in -- 952 days of nothin' much. Seriously, who really cares who's to blame?

In eight days, if Congress doesn't act, $1.2 trillion worth of spending cuts will begin. And according to the Congressional Budget Office, if that happens, 750,000 jobs will be lost over the next seven months and the economy will slow again and won't that be fun?

As for the president, he's sitting down with local news anchors to urge Congress to act while his men continue to play the exhausting blame game.

(BEGIN VIDEO CLIP)

DAN PFEIFFER, SR. ADVISOR TO PRESIDENT OBAMA: We can't do anything without the House Republicans doing something and their view is these cuts should happen. They've made a political decision that these automatic cuts should go into effect, which means that there are Americans working today who will lose their jobs. That's a choice they're making.

(END VIDEO CLIP)

COSTELLO: Whatever. Just do something.

So, the talk back question for you today, who is to blame for forced spending cuts? Facebook.com/CarolCNN, Facebook.com/CarolCNN, or tweet me @carolCNN.

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