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Deflategate Report; Nick Loeb Speaks Out About Embryo Battle. Aired 8:30-9a ET

Aired May 7, 2015 - 08:30   ET

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


[08:32:07] MICHAELA PEREIRA, CNN ANCHOR: All right, time for the five things you need to know for your NEW DAY.

At number one, damage is being assessed this morning after 46 tornadoes moved through Oklahoma, Kansas and Nebraska. The first flash flood emergency in Oklahoma City history was declared. We should let you know, all flights in and out have been canceled.

Gunman Elton Simpson was under FBI surveillance since last year. This according to "The New York Times." But somehow was still able to pull off the attack on a Prophet Mohammed cartoon contest in Texas without raising suspicion.

Voters in the U.K. have eight and a half hours left to cast their ballots in today's election. David Cameron trying for a second term as prime minister, looking to fend off a challenge from Ed Miliband.

Baltimore's mayor is urging a full scale justice investigation into the city's police department in the wake of Freddie Gray's death. The action comes the police investigation challenges the state's attorney's case.

Deflate gate. The NFL's report on it implicates the New England Patriots and quarterback Tom Brady. The question now is, will the Patriots' superstar face league discipline?

For more on the five things to know, be sure to go to newdaycnn.com for the latest.

Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: OK, Michaela.

Well, Sophia Vergara's ex-fiance is seeking custody of their frozen embryos. Perhaps you've heard about this story. A lot of people talking about it today. Why doesn't he just move on? We will speak to Nick Loeb to get his side of the story. That's coming up.

(COMMERCIAL BREAK)

[08:37:07] (BEGIN VIDEO CLIP)

TOM BRADY, NEW ENGLAND PATRIOTS QUARTERBACK: I didn't alter the ball in any way. When I picked those balls out, at that point, you know, to me, they're perfect. I don't want anyone touching the balls after that. I don't want anyone rubbing them, you know, putting any air in them, taking any air out. I would never do anything outside of the - the rules of play.

(END VIDEO CLIP)

PEREIRA: Well, that was New England Patriots' quarterback Tom Brady, what, January 22nd denying any wrongdoing in the deflate gate scandal. But now - now a new NFL report claims that Brady was aware that his game balls were being intentionally deflated. Is the NFL Super Bowl champ really a cheater? (INAUDIBLE).

CHRIS CUOMO, CNN ANCHOR: Let's bring in Christine Brennan, CNN Sports analyst and sports columnist for "USA Today," and Mr. Coy Wire, CNN sports correspondent and nine year NFL veteran.

So we've got two questions here.

PEREIRA: We have so many.

CUOMO: Did they deflate the balls -

PEREIRA: Yes.

CUOMO: And is he responsible in some way for the deflation of the balls? Christine, what do you see on these two counts?

CHRISTINE BRENNAN, CNN SPORTS ANALYST: Yes, I think he's responsible. If, again, it's probable. We don't - we'll never know for sure, but this is not a court of law, this is the NFL and it's doing business. And I think this is bad. I think this is bad for Brady and his image. And I think they - that the Patriots were involved in this. And, once again, the Patriots, spy gate in 2007, here we are again. So I do think that this report, 243 pages, is serious. And while, Chris, we were kind of chuckling and laughing about this in January, maybe we're laughing about it now, it goes to the integrity of the game, and that is a very big deal for the NFL, especially now post Ray Rice video.

PEREIRA: What about you, Coy, do you feel the same way? And how big of deal is the whole thing all together to you?

COY WIRE, CNN SPORTS CORRESPONDENT: Well, here's the thing, it doesn't matter what I think. Ted Wells said that this probably happened, right. And I also wanted to get some perspective from a current NFL quarterback. So I texted a guy who is a starter in the league now and I asked, I said, is it safe for me to say that quarterbacks in the leagues all have their one equipment guy who knows how they like their footballs to be and that that equipment guy is going to make sure that their footballs are exactly the way the quarterback likes them? He said 100 percent correct. Also, the equipment guys would never do anything to alter the footballs on their own, zero chance. So there you have it.

And then to answer your question about, you know, is this a big deal. I also talked to a Hall of Fame player and he was livid about this. First of all he said Tom Brady doesn't have to cheat he's so good, but this is a bad look for Tom Brady. He went so far as to say that the Patriots should have their super Bowl title stripped from them.

PEREIRA: Hmm.

WIRE: Now, I don't know if I would go that far, guys, but those are big, strong words from a prominent player in the NFL.

CUOMO: So what do you do? I mean Mic and I have been debating this all morning -

PEREIRA: All morning.

CUOMO: Because she's all about the rules and all that stuff and I'm a lawyer so it's like (INAUDIBLE). But, Christine, you know, if what Coy's saying is true, which is that this is something that quarterbacks do, whether they like it a little bit more or roughed up or, you know, how they like their ball, how do you punish this guy for this? what is appropriate?

[08:40:10] BRENNAN: You know, you don't catch all the bank robbers, but you try to catch - the ones you catch you do punish. Same with steroids. I've covered the Olympics for many years, Chris, and, you know, it's - you don't catch all the people cheating.

CUOMO: But is this anything like steroids?

BRENNAN: Well - well, it is to the integrity of the game and what do you believe in terms of what you're watching, what you're paying for, the consumer. When you turn on the television, when you buy the product. So, yes, I do think it - it's not the same, but it's to the same issue of, can you believe what you're watching, and that's what everything is about with fans and with a league and to the NFL's integrity and the importance moving forward. So my answer to you is, you know, absolutely, you catch the people you can catch. And if every quarterback's doing it, well my sense will be, every quarterback will not be doing it after Tom Brady gets a one or two game suspension.

PEREIRA: that's a good point. That's a good point. This is putting people on notice. It - depending on how the NFL reacts.

Christine keeps throwing around the word integrity, which matters to me. It matters to all of us, right. So, Coy, I look at Belichick, because this is going to be the second time that he's been embroiled in a brouhaha here. What happens there and how can this not be another massive black scar on his organization?

WIRE: Well, I think it is. You know, you look at - back what happened with spy gate and Belichick was fined $500,000, the organization was fined $250,000, they lost a first round draft pick. So the precedent had been set, how Goodell feels about cheating. So now you have a second instance, the same organization under the tenure of the same head coach.

PEREIRA: Same organization.

WIRE: Guys, I think it has to be at least what it was before because you have 31 other owners around the NFL watching, and all those players watching to see what Goodell is going to do to this organization and to the player who were involved yet again in a cheating scandal. Guys, this is not a good look for the organization. I think he's going to bring down the hammer.

PEREIRA: What about legacy? I mean that's the other thing that you and I have been talking about. I know John Berman's been talking about it as well and thinking about it.

Christine, in terms of the legacy for Tom Brady, I mean, this - he doesn't have a lot of playing years left in him. For - to have this at the end of his career?

BRENNAN: Not good. Not good, Michaela, at all. I mean here he is, Mr. Clean, the boy next door.

PEREIRA: Right.

BRENNAN: We believe him. People cheer for him. One of the greatest quarterbacks of all time. One of the greatest post-season quarterbacks ever. Maybe the greatest ever. And - and now this. It's bad. This will always be a part of his legacy and his resume. It will be in the second or third paragraph of every bio and maybe the first paragraph, and that's bad. And, again, this is something Brady is - to your point, he's at the end of his career. He's 37 years old. So you don't want things like this ever. You certainly don't want things like this at the end of your career.

CUOMO: Well, the timing isn't good. That's for sure. But let me - let me push to the other side a little bit here just to the interest of balance and being a Jets fan I should be loving all this, but it's about more than, you know, fandom. So, OK, you don't have a great case against the guy. It's something that Coy says that this is something that's common among -

PEREIRA: Still doesn't make it right.

CUOMO: Among quarterbacks. True.

PEREIRA: Still doesn't make it right.

CUOMO: Did not affect the outcome of that game.

PEREIRA: No, it clearly wouldn't (ph).

CUOMO: It doesn't seem to be really relevant to the guy's ability to throw the ball. It's not like if he didn't have the balls like this, people are saying he would suck. And then you have the NFL. And that, to me, is the biggest point of this.

PEREIRA: Yes.

CUOMO: That, Christine, with all the things that they have let go, of all the processes that they have just poisoned in terms of doing the right thing, is this the case for them to put the big flag in the sand -

PEREIRA: Particularly in domestic violence.

CUOMO: And say we're going to take a harsh stand? Is this the right one?

BRENNAN: Well, I think it's the right one. And, of course, the National Football League is doing a lot more than they were doing. In fact, I could make the case, Chris, the NFL is leading the way worldwide on domestic violence now, 10 game suspension to Greg Hardy. We've never seen that for any league, any sport, anywhere nationally or internationally. So - so the NFL deserved all the criticism back in September, but they're actually doing more. So I think the get-tough NFL, this is absolutely completely in keeping with what they're doing now, whether it be Tom Brady or Greg Hardy on domestic violence.

PEREIRA: All right, Christine Brennan, Coy Wire, always great to have conversations with you both. Thanks so much. We'll be watching.

BRENNAN: Thank you.

PEREIRA: Alisyn.

CAMEROTA: OK, guys, actress Sophia Vergara embroiled in an embryo battle with her former fiance Nick Loeb. Coming up, we talk to Loeb about why he says he cannot move on.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

[08:47:50] HOWARD STERN, RADIO TALK SHOW HOST: You guys break up. And you say, look, I don't want to have a baby with you. I am not involved with you anymore?

SOFIA VERGARA, ACTRESS: Can you blame me?

STERN: I can't blame you. By the way, a child needs a mother.

VERGARA: A mother. And a loving - More than a mother, it needs a loving relationship of parents, you know, that get along, that don't hate each other.

ROBIN QUIVERS, RADIO TALK SHOW CO-HOST: You hate each other now?

VERGARA: I don't hate him, but obviously he has a problem with me.

(END AUDIO CLIP)

CAMEROTA: That was Sofia Vergara, the star of the hit ABC show "Modern Family," talking about her ex-fiance Nick Loeb, which whom she is currently embroiled in a custody battle over their two frozen embryos.

Nick Loeb joins us now speaking out today for the first time in this cable news exclusive.

Nick, nice to see you.

NICK LOEB, SOFIA VERGARA'S EX-FIANCE: Thank you for having me, Alisyn.

CAMEROTA: What is it like when you hear your ex-fiance, Sofia there, talking to Howard Stern and sort of joking about what's going on with you?

LOEB: I respect Sofia immensely, you know, she has been very successful in her career and very hard-working, and I am happy that she has moved on with her life, but this is a serious issue that we are dealing with that has moral and ethical implications.

CAMEROTA: You two started a relationship and you became engaged. What were those conversations like when you talked about having children together?

LOEB: She knew right from the beginning I always wanted to be a father, and it was a thing I wanted my entire life.

CAMEROTA: Did you start by trying naturally or did you always decide that you were going to use fertility treatment?

LOEB: She always wanted to do this with a surrogate. She never wanted to carry a child herself.

CAMEROTA: Why was that?

LOEB: Well, I think those are personal issues for her to address on why. But that was a sort of private personal decision she wanted to make.

We first initially created embryos, two female embryos, we implanted one into the surrogate, it didn't work. We then went through the process again where we implanted the second one into the surrogate. Again, it didn't work.

Then we had to go through the process again of creating new lives. When that happened, two more female lives were created again.

CAMEROTA: You use the term creating lives. Not everyone believes that embryos are lives. Why do you believe that you've already created a life?

LOEB: I have always believed that life begins at conception. How else would I define what two embryos are that happened to be female?

[08:50:07] I can't say these are female property. They are lives. They are on a journey and a pathway to being born.

CAMEROTA: Here's the crux of the matter. You want to use those two frozen embryos, she does not want to use those two frozen embryos. And some people online have suggested that you are doing this to stick it to Sofia somehow, that you are not quite over her and you're doing this to sort of hang on.

LOEB: I have always said that I am very super happy that she has now found somebody that she loves and wants to move forward. She has moved forward with her life and I have moved forward with my life. These are -- unfortunately, we've left these two embryos behind.

CAMEROTA: Legally, this is complicated, as you know. You both signed an agreement with the fertility center, and that agreement basically said that you had to make a decision in tandem, and the contract says "...any and all changes must be mutually agreed to between both named partners. One person cannot use the Cryopreserved Materials," meaning the frozen embryos, " to create a child whether or not he or she intends to rear that child without explicit written consent of the other person..."

She is not giving you her consent and one person can't make a decision.

LOEB: Absolutely. So when we actually first signed the documents, this happened actually even before we went through the second cycle of creating new lives. We had talked about it, and we had the decisions that we made together was to take that life through the process of surrogacy to be born.

CAMEROTA: Right, but it changed. Things change.

LOEB: Right.

CAMEROTA: She changed her mind.

LOEB: And unfortunately, I didn't know that she was going to change her mind within the process. I believed that this was something she always wanted to do. She had said it to me over and over again, she had always told me her positions on life, so I believed that she would want to take this --

CAMEROTA: So in the contract, it talks about death, and if one of you died, then the embryos would be destroyed,.

LOEB: Correct.

CAMEROTA: But it doesn't mention anything about splitting up.

LOEB: Correct.

CAMEROTA: What can be done? I mean, Sofia has said that she is comfortable keeping them frozen forever.

LOEB: Frozen forever, I don't even know what that really means. Is it, you know, one day they won't be able to be usable, they may ultimately die? And that is sort of destroying two lives that we have created.

CAMEROTA: I know this is such an emotional topic. Have you felt alone?

LOEB: Yes, it has been tough. This is -- I always have wanted children and always wanted to be a father. I didn't create lives lightly. This was very, very important to me to the point where we thought when we created these lives and we were going to put them into a surrogate, we were coming up with names for our children, and so to do anything besides continue their journey towards life and through birth, you know, to me is tantamount to destruction.

CAMEROTA: There are people who question your motives and who question what you're doing. Here is one.

"I wouldn't destroy them, but I think it's time to move on, meet somebody else, have your own baby with the woman you love."

I see this a lot. There are a lot of people out there who say you are a good-looking guy, you are a catch, move on, go find a love in your life.

LOEB: Of course. And I would like to. Obviously, easier said than done. You don't go out the next day and just meet somebody. Hopefully one day I will meet somebody and we will fall in love and have a child, but that doesn't mean I should just give up the two lives that I have created.

CAMEROTA: But if you fell in love with somebody right now and you started a relationship, would all this be over and would you let those embryos go?

LOEB: No, you know, unfortunately, again, their lives are created. That means somebody would have to accept me, that I have two other children. No different if I have two children that are born.

CAMEROTA: Wow. So you plan to have these regardless of what - I mean, you would like to. You would like to, if you could win this lawsuit, have these regardless of what happens in your future.

LOEB: Right. Again, these are lives that have already been created. I can't see any other way.

CAMEROTA: If you lose, then what does your life look like?

LOEB: Well, you know, unfortunately if we lose then, you know, two lives will be destroyed and I will be torn apart and it will be horrible.

CAMEROTA: Well Nick, we know how emotional this is for you and we appreciate you coming on CNN and sharing your story. And best of luck to you in every avenue of your future. Thank you so much for coming on. Let's go back to Chris.

CUOMO: What a conversation. It's going to be tough for him legally, as you know, Alisyn. And it's also interesting if one of them had died, they agreed that the embryos would be destroyed, but if the break up, now he wants to keep them.

What do you think? What do you think about Nick Loeb and the entire situation? The bigger issue about when life begins and what these embryos actually are. Tweet us using the #newdayCNN or go to Facebook.com/newday.

Another story for you. A highly decorated Vietnam vet loses all of his medals. Out of luck? Nope. And that's why it's "The Good Stuff."

[08:55:02] Stay with us.

(COMMERCIAL BREAK)

(CROSSTALK)

CUOMO: There it is. Not their song, but well played. "The Good Stuff" today, Fred Schultz (ph), city employee in Guthrie, Oklahoma. 50 years ago, he was a heavily decorated soldier earning a stack of medals and ribbons for his service in Vietnam. Sadly, he lost them all in a move awhile back. You would be surprised how often this happens, but the way. Anyway, what matters here is a fellow city employee, Justin Hyde (ph), heard the story and spent months looking for the same types of medals and ribbons that Fred lost, like a dozen different ones, and then -

(BEGIN VIDEO CLIP)

JUSTIN HYDE, FOUND MILITARY RIBBONS AND MEDALS FOR FRED SCHULTZ: We were able to purchase them on base and through an army surplus store to be able to find them all.

(END VIDEO CLIP)

CUOMO: Found them all.

PEREIRA: That's stellar.

CUOMO: Justin calls a bogus employee meeting and exactly 51 years to the day that Freddy enlisted, reunited with what he earned.

(BEGIN VIDEO CLIP)

(APPLAUSE)

FRED SCHULTZ, VETERN WHO LOST SERVICE RIBBONS AND MEDALS: I was in shock. I wasn't expecting that.

[08:59:59] UNIDENTIFIED MALE: Every veteran deserves a thank you and a pat on the back for what they did.

(END VIDEO CLIP)

PEREIRA: Yes, they do.

CUOMO: They weren't the originals, but now they may even mean more.

PEREIRA: Incredible.

CAMEROTA: That's so great.

PEREIRA: Time for "NEWSROOM" with Carol Costello.