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CNN Wolf Blitzer Reports

Missing California Girl Presumed Dead; How Far Will U.S. Go to Seek Justice for Daniel Pearl Murder?

Aired February 25, 2002 - 17:00   ET

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


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: Now on WOLF BLITZER REPORTS: They held out hope that authorities searched for their daughter. Now, police say hope is gone.

(BEGIN VIDEO CLIP)

PAUL PFINGST, SAN DIEGO COUNTY DISTRICT ATTORNEY: I must conclude that Danielle van Dam is no longer living and was killed.

(END VIDEO CLIP)

BLITZER: Justice delayed for Daniel Pearl's suspected kidnappers. How far will the U.S. go so justice won't be denied?

Signs of life from Osama bin Laden. But are there signs of his whereabouts?

A former NBA star surrenders.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And it will be clear that Mr. Williams is innocent of recklessness and innocent of any criminal conduct.

(END VIDEO CLIP)

BLITZER: And a former first lady comes to a convicted killer's defense.

(BEGIN VIDEO CLIP)

ROSALYNN CARTER, FORMER FIRST LADY: It would be a tragedy if he's executed.

(END VIDEO CLIP)

BLITZER: My interview with Rosalynn Carter.

Hello, I'm Wolf Blitzer in Washington. Topping our "News Alert", a tragic conclusion in the case of a missing 7-year-old girl.

The man accused of kidnapping Danielle van Dam is charged with her murder, even though the 7-year-old's body has not yet been found. The district attorney says he will pursue a special circumstance charge that will carry a potential death penalty or life sentence for the 49-year-old, David Westerfield. He faces arraignment tomorrow. We will have much more on this development coming up in just a moment.

The United States wants to extradite the top suspect in the kidnapping of reporter Daniel Pearl, and says the sooner the better. While prosecutors here work on bringing criminal charges against Ahmed Omar Saeed Shaykh, he makes a court appearance in Pakistan, where the judge orders him to remain behind bars for two weeks as the investigation continues.

Former NBA star Jayson Williams has been charged with reckless manslaughter in the fatal shooting of a limousine driver at his New Jersey estate. Williams was freed on $250,000 bail after turning himself in today. Williams' attorney says that the death was a tragic accident and that his client will be found innocent.

Israeli police say they have arrested one of the two gunmen who opened fire at a bus stop today in east Jerusalem. Authorities say at least 10 people were wounded in the attack, two seriously. Police are looking for the other gunman, who got away. The military wing of Yasser Arafat's Fatah movement has claimed responsibility for the shooting.

And now back to the case of Danielle van Dam and the man suspected of kidnapping and murdering her. The San Diego district attorney says he has no choice but to conclude the child is dead. There has been no sign of her since she disappeared from her home more than three weeks ago. CNN's Thelma Gutierrez has the latest on the case.

(BEGIN VIDEOTAPE)

PFINGST: I must conclude that Danielle van Dam is no longer living and was killed by her abductor.

THELMA GUTIERREZ, CNN CORRESPONDENT (voice-over): It was a confirmation of the worst kind, one that ended all hope of finding 7- year-old Danielle van Dam alive. The accused abductor is David Westerfield, who was arrested on Friday. Today, on the eve of his arraignment on a kidnapping charge, San Diego county district attorney Paul Pfingst made a last minute announcement.

PFINGST: My office will file one count of murder against David Westerfield for abducting and killing 7-year-old Danielle van Dam.

GUTIERREZ: The DA is adding a special circumstance allegation to the murder charge.

PFINGST: The special circumstance filed against David Westerfield is murder during a kidnapping. This charge, carries with it a potential death penalty sentence or a sentence of life without parole.

GUTIERREZ: For three weeks, Brenda and Damon van Dam prayed their daughter would be found alive, but then traces of her blood were allegedly found on Westerfield's clothes and in his motor home. This weekend, the van Dams met with investigators and the district attorney.

PFINGST: I informed them that it was my intention to file a murder charge and they cried, and it was very difficult for them.

GUTIERREZ: This morning, the van Dams met with volunteers who say they won't stop looking for Danielle.

(END VIDEOTAPE)

BLITZER: That was Thelma Gutierrez reporting for us in San Diego.

And for some legal insight into this case and the DA's decision to file a murder charge even though the body has not been found, I am joined by Avery Friedman. He's a civil rights attorney and law professor. Mr. Friedman, thanks for joining us.

The fact that they have not found a body, how difficult of a case will that be for the prosecution?

AVERY FRIEDMAN, PUBLIC INTEREST ATTORNEY: Well, Wolf, it's the question that lawyers are being asked all over America. And the answer is, yes, the prosecution can proceed even though there is no body. And again, the prosecution has to meet its burden of proof beyond a reasonable doubt. American criminal annals are filled with cases similar to this.

BLITZER: Is the burden that they have to show that the blood, the DNA evidence, the traces of blood on his clothes, in the automobile, in the vehicle, that was her blood. Is that enough to make this kind of a convict stick?

FRIEDMAN: Oh, I think it's enough to make the conviction stick because in many murder trials, Wolf, cases are proved with circumstantial evidence. And also, keep in mind too that time is on the side of the prosecutor because the prosecutor still is investigating. There are fiber issues. There are dog issues. The dogs will be used. There is DNA testing. So there are a multitude of ways that the prosecution can proceed with circumstantial evidence in getting its conviction.

BLITZER: What will the defense presumably argue in this case, his attorneys?

FRIEDMAN: Well, if I were defending the case, obviously, you are going to endeavor to appeal to the jury by saying no body, no crime. And in fact, that has been a defense, basically not used because of the absence of a body, but rather because the burden of proof is beyond a reasonable doubt. And they are going to argue no body, no conviction, and the prosecution cannot meet its burden.

BLITZER: Would they have to give some rational explanation why her blood, traces of her blood, were on his clothes or in the vehicle? FRIEDMAN: Yes, you nailed it, Wolf. What is going to happen here is once that evidence gets in for the prosecution, the burden is going to shift to counsel for the defendant to show some explanation for that. And I think the defendant, frankly, is in a lot of trouble with that kind of evidence.

BLITZER: Because of, presumably, that is not an easy, simple explanation to explain why her blood may have been found on his clothes, for example. Let's talk about what the DA is suggesting, special circumstances. Explain to our viewers precisely what that means.

FRIEDMAN: What that means in special circumstances is they are coupling criminal charges. They have a murder case, but they are coupling it with kidnapping. And when you can couple those charges, you have special circumstances. If you have special circumstances, then you can ask for the death penalty. So that is why this is extremely important in Danielle's case.

BLITZER: And if they ask for the death penalty, the jury would have to obviously agree to that, but the jury could decide to give this suspect life without the possibility of parole.

FRIEDMAN: That is exactly right. The choices are going to be with the jury. And there is a substantial amount of evidence which the jury will consider. But again, that is after the conviction. So there's a long way to go, in this case, Wolf.

BLITZER: Is there any pressure whatsoever on the DA, in this particular case, to seek some sort of plea agreement with the suspect? It seems, at least on the surface as we're looking at, it seems like they have presumably a pretty good case?

FRIEDMAN: Well, not really, because again, you have got a defense lawyer who is going to argue no body, no crime. I agree. I think the prosecution's case is a strong one. And there will be pressure. There will be discussion among the attorneys to see if there is going to be a plea bargain. That is most commonly how cases like this are resolved. But this is an unusual case with extremely heinous circumstances or results, I should say. And as a result of that, there is going to be pressure on the prosecution not to accept a plea bargain here or offer one.

BLITZER: All right. Avery Friedman in Cleveland, thanks for your explanation, for your insight. Appreciate it very much.

FRIEDMAN: Nice to be with you.

BLITZER: Thank you very much.

And there were developments today in another kidnapping case. A Pakistani judge has ordered the main suspect in the abduction of Daniel Pearl to remain in custody for at least two more weeks while police build their case. But, the White House wants Ahmed Omar Saeed Shaykh extradited to the United States. Our national correspondent, Susan Candiotti, joins us now with details -- Susan. SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Hello, Wolf. The White House is pressing and pressing hard for the prosecution of suspected terrorist Omar Saeed Shaykh in the U.S.

(BEGIN VIDEO CLIP)

ARI FLEISCHER, WHITE HOUSE PRESS SECRETARY: I can't predict what Pakistan will decide to do. They are a sovereign nation. The United States has made clear to Pakistan our position, that we would be interested in having him sent to the United States -- Shaykh Omar to the United States and the others who are responsible for the killing.

(END VIDEO CLIP)

CANDIOTTI: Saeed Shaykh is a suspected ringleader in the kidnapping of "Wall Street Journal" reporter Daniel Pearl. His decapitated body was videotaped by his captors. That tape is being analyzed by the FBI for any clues about where and when Pearl was murdered.

In early January, the U.S. ambassador to Pakistan told the foreign minister Shaykh was the subject of a secret U.S. indictment. The case involved a 1994 kidnapping of tourists, including an American, in India. Two weeks later, Pearl was kidnapped. The next day, the FBI director met with Pakistani President Musharraf to press for Shaykh's arrest and to discuss Pearl's kidnapping. It was not until February 12 that Saeed Shaykh was taken into custody. Last week, Pearl's death was confirmed.

Today, a Pakistani judge gave prosecutors there two more weeks to keep Saeed Shaykh and two other suspects in custody while more evidence is sought. Through his attorney, Saeed Shaykh claims he was made to sign blank papers for investigators. And a judge says Saeed Shaykh's alleged confession cannot be used because it was not made under oath. The question remains, Wolf, who will get to prosecute Saeed Shaykh first, the U.S. or Pakistan? And remember, he has not yet been charged in the U.S. in the Pearl case.

BLITZER: Susan, are you getting any hints whatsoever from administration sources about the government of Pakistan, President Pervez Musharraf and his likely response, his reaction to this request?

CANDIOTTI: Well, at least publicly. President Bush has said that he has the fullest confidence that President Musharraf will bring to justice these responsible for Pearl's murder.

As to whether he will be extradited to the United States, we are hearing from many different sources who -- some of who feel that Pearl's alleged murderers will not be brought to justice here; that he they will be tried in Pakistan so that the president there can show that his government, his judicial system is working.

But there are many people here, naturally, in the Justice Department and in the White House who would like to see Saeed Sheikh and others brought here to the United States. BLITZER: And as you and our viewers -- many of our viewers, no doubt, remember, Susan, there have been other high profile cases where the Pakistanis have extradited suspects tot he United States -- terrorist suspects.

Thanks Susan Candiotti for that report.

Later this hour, we'll talk yet -- about yet another kidnapping, someone who was a guest on this program last month. Ingrid Betancourt is running for president of Colombia, and she's now missing. You can read some of the details of her disappearance in my on-line column today at CNN.com/wolf.

And while you're there, let me know what you're thinking. There's a "click here" icon on the left side of the Web page. Send me your comments. I'll read all of them. Some of them I'll even read on the air each day at the end of this program.

Meanwhile, the U.S. Central Command hosted a briefing today on the operations in Afghanistan. Our military affairs correspondent Jamie McIntyre covered the briefing. He joins us now live with more.

Jamie, what was the headline?

JAMIE MCINTYRE, CNN MILITARY AFFAIRS CORRESPONDENT: Well Wolf, a vigorous defense from General Tommy Franks, the U.S. central commander, to any implication that there was a mistake made in that January raid in which the U.S. forces captured 27 people who subsequently had to be released, and killed 16 others.

Today General Franks denied that this was any kind of intelligence failure, and said the U.S. troops did nothing wrong.

(BEGIN VIDEO CLIP)

GEN. TOMMY FRANKS, U.S. CENTRAL COMMAND: The one mistake that I know was made was when people shot at American forces doing their job on the ground in Afghanistan.

(END VIDEO CLIP)

MCINTYRE: Franks admitted that this was -- that the raid was based on incomplete intelligence. But he said that's why a decision was made not to bomb the site, but to send troops on the ground to inspect it.

He said the mistake was for those troops to challenge the U.S. troops by firing at them. They essentially took their life in their hands by doing that.

He called the deaths unfortunate. He said that the -- he's satisfied with the professionalism of the U.S. troops, and he anticipates no disciplinary action -- Wolf.

BLITZER: What about Osama bin Laden? I know that he was questioned on that front -- the whereabouts; whether, in fact, Osama bin Laden is even still alive. What did we learn, if anything, from General Franks on that front?

MCINTYRE: Well, same old question, same old answer. Again General Franks said that the assumption is Osama bin Laden is alive simply because they don't have any evidence that he is dead.

The search for him continues. And there is a concentration in that area of southern Afghanistan near the Pakistani border.

Today General Franks cited some 120 sites of interest, he called them -- of special interest to the U.S. About half of those are suspected weapons of mass destruction sites. But the other half, another 60 or so, are places where bin Laden is suspected of having used in the past, and are part of the search for him now.

BLITZER: All right. Jamie McIntyre at the Pentagon, thank you very much.

And over the weekend, other U.S. officials, including the Defense Secretary Donald Rumsfeld, acknowledged that the whereabouts of Osama bin Laden remain very much a mystery. The U.S. government has offered a $25 million reward for the al Qaeda leader.

Joining us now is Mike Swetnam. He's the co-author of "Osama bin Laden's al Qaeda: Profile of a Terrorist Network."

Mike, thanks for joining us.

So what do you make of all this speculation that he's alive, that he's still somewhere, perhaps, along the border between Afghanistan and Pakistan?

MIKE SWETNAM, AUTHOR: It's all speculation. The fact is that the U.S. government and our allies don't know. Our intelligence has failed in this aspect.

But I would surmise, and many of us have said for quite a while that he has probably departed the area if he's still alive. He is a man of means; a mean with a network; a man with a lot of friends in the area. Certainly he wouldn't sit around in Afghanistan or the border region, where they think he is, waiting for us to come get him.

BLITZER: Let's look a look at the map and show that region where the U.S. was engaged in very heavy bombing not that long ago up here -- the whole Tora Bora area. If we can get this thing to work, which we can't, unfortunately.

SWETNAM: Modern technology.

BLITZER: But you can see the Tora Bora, it's marked -- that area. But that's a pretty difficult area. Speculation -- there are still hundreds of caves that the U.S. and its coalition partners and Afghan forces close to the U.S. have not even gone into.

SWETNAM: That's correct. It's an area littered with caves. But it's also a very desolate, very cold area. The caves, we believe, were improved -- or showed some signs of improvement in the Tora Bora area and in other areas we have gone into.

The remaining caves are very isolated, very desolate. I think that it's unlikely that he would sit in a cold, isolated cave without heat or without any amenities when, in fact, the locals trust him more than they do us. He is able to buy his way out of situations where us buying intelligence in that area have been very poor.

I suspect that this man of means has probably escaped a long time ago. The odds that he's sitting in a cold, dark cave waiting for us are very, very low.

BLITZER: And Pakistani intelligence, at least as provided to the U.S. on the Daniel Pearl case -- all the speculation that he was alive and that he was about to be released proved out (sic) to be, obviously, very, very false.

How reliable is that information that the U.S. is getting from Pakistani intelligence?

SWETNAM: Not reliable at all from the ISI, the Pakistani intelligence service and the other services in the area. Our intelligence community is relying on them very heavily for information on the whereabouts, because we don't have those kinds of resources on the ground.

Remember, however, that the ISI and the others...

BLITZER: Interservice Intelligence agency of Pakistan.

SWETNAM: It's like their CIA.

Remember that up until just a couple months ago they were supporters of the Taliban. And they were supporting Osama bin Laden's support network. That it was only after September the 11th that Musharraf forced out their leader and forced the intelligence service to cooperate with us instead of cooperating with them -- with the Taliban.

To expect that the entire ISI has all of a sudden turned over its leaf and is supportive now of the United States is probably to expect way too much.

BLITZER: There was some speculation, some reports over the weekend -- you probably saw them -- that Osama bin Laden may, in fact, be still with Mullah Omar, the former Taliban leader who's obviously still at large right now himself.

Do you believe that's possible?

SWETNAM: I expect that that's very possible. Osama bin Laden's network included many of his lieutenants that are probably still with him as well. Mullah Omar and many of his close associates, when their government fell, only had Osama bin Laden's network to fall back on for protection.

So the likelihood that he is with Osama bin Laden is probably very high. And, once again, the likelihood is that if they haven't escaped the area, they're planning to in short order.

BLITZER: One more question before I let you go, and on a different subject -- related -- Iran and Iran's role in western Afghanistan. A lot of concern among U.S. officials that the Iranians are up to no good and perhaps trying to destabilize Hamid Karzai's regime even as Hamid Karzai visits Iran.

Is that credible in your opinion?

SWETNAM: Oh, absolutely. Absolutely. Even if we hadn't seen the reports, I would expect that kind of activity by Iran. It is very much in their interest to make sure that a Western, Democratic government does not rise on the their border in Afghanistan. They will do everything they can to defeat Karzai's government.

BLITZER: OK. Mike Swetnam,he's the co-author with Yonah Alexander. Let me make sure I pronounce the book right -- the right name of the book: "Osama bin Laden's al Qaeda.

SWETNAM: Thank you.

BLITZER: Thanks for joining us.

SWETNAM: Appreciate it.

BLITZER: And you'll have more assessment on the war in Afghanistan at 7:00 p.m. Eastern tonight here in the CNN war room. I'll be joined by our terrorism analyst Peter Bergen. We'll join (sic) about, among other things, Iran's role in the war on terrorism. That's at 7:00 Eastern, 4:00 Pacific.

More blood was shed today in the Middle East. Gunmen opened fire on a bus stop in east Jerusalem, wounding seven -- several people. In another incident, two pregnant women, one Palestinian and one Israeli, gave birth after being shot in separate West Bank incidents.

Our Jerusalem bureau chief Mike Hanna has more.

(BEGIN VIDEOTAPE)

MIKE HANNA, CNN JERUSALEM BUREAU CHIEF (voice-over): An attack in Eastern Jerusalem. Palestinian gunmen opened fire on a group of Israelis waiting at a bus stop. At least 10 people are wounded.

One of the gunmen is arrested at the scene. The second, police say, managed to escape.

This, the latest example, say Israelis, of Palestinian aggression.

Earlier, Mayson Hayek (ph) takes her newly born baby in her arms. Both survived an Israeli shooting at a West Bank checkpoint.

"I looked at my husband and saw he was unconscious." So was my father-in-law," she says. "I started screaming, There's a baby! There's a baby!" Her husband Mohammed (ph) was killed in the incident, her father- in-law seriously wounded.

On Sunday, Shadia Khalid (ph) was also shot at the same roadblock outside Nablus. She, too, was heavily pregnant and on the way to hospital. Her baby was delivered safely, and she is in a stable condition.

But, say Palestinians, yet another example of Israeli aggression.

HANAN ASHRAWI, PALESTINIAN COUNCIL MEMBER: There is still a trigger-happy situation where the soldiers continue to use lethal force and live ammunition against the Palestinians, who continue to be besieged.

RA'ANAN GISSIN, SHARON SPOKESMAN: They're not trigger-happy. But they face hair-trigger situations where in two or three seconds, they have to decide whether a car that drives by very quickly is a suicide bomber, or a car bomb, or just an innocent driver with pregnant women.

HANNA: Also in the course of the day, two Israelis killed and one wounded in a Palestinian gun attack in the West Bank. Again, the wounded Israeli was a pregnant woman. The baby delivered safely.

Earlier Israeli tanks were withdrawn from their positions around Yasser Arafat's compound in Ramallah. But the Palestinian leader remains confined to the West Bank city in terms of an Israeli Cabinet decision Sunday.

The European Union representative on a renewed cease-fire mission to the region has sharply criticized the decision. But also a subject of potential discussion in his talks with Israelis: reports of an unprecedented proposal by Saudi Arabia. The reported plan suggests Arab recognition of Israel, should it withdraw from the occupied territories to the pre-1967 borders.

SHIMON PERES, ISRAELI FOREIGN MINISTER: We would welcome a direct negotiation with the Saudis, undoubtedly, so we don't make any conditions. We are trying to clarify the Saudi position and their readiness via different channels, some of them clear, some of them confidential. And we shall see the results.

HANNA: And the Israeli president, Moshe Katsav, has issued a formal invitation to Saudi crown prince Abdullah to visit Jerusalem and discuss the initiative.

(on camera): At this stage the Saudi plan has not been formally outlined, but scattered reports of the mere existence of the idea have stirred interest in Washington, as well as in the Middle East. All parties eager to grasp at any straw that offers any solution to this interminable conflict.

Mike Hanna, CNN, Jerusalem.

(END VIDEOTAPE) BLITZER: The flying public puts its trust in the Federal Aviation Administration. Coming up: one man's reason to question that trust.

And later: A former NBA star's uncertain future. Does the state have a case against Jayson Williams?

And why is former First Lady Rosalynn Carter coming to the defense of a man on death row?

Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back. Let's check some stories on today's "Newswire."

President Bush was presented with a memento from one of the most memorable scenes in the aftermath of September 11. He received the bullhorn he used to rally rescue workers at Ground Zero three days after the terrorist attacks in New York. The president said the bullhorn will be sent to his father's presidential library at Texas A&M University for a father-son exhibit.

Homeland security director Tom Ridge is pushing a Trusted Flyers program for air travelers. It would provide speedier security screening lines for passengers who are frequent flyers. Officials with the Transportation Security Administration support the idea with reservations. Some fear a member of a terrorist sleeper cell could obtain a Trusted Traveler status situation.

Trusted Travelers aside, our next story asks: Should travelers trust federal regulators? The Transportation Department is investigating some disturbing claims by an FAA whistle-blower. He says his supervisors suppressed information about airport security and manipulated data to cover up problems. That's according to a letter obtained by CNN.

Joining us now from Arlington, Virginia, is Blake Morrison. He wrote the article about the whistle-blower for "USA Today."

Blake, thanks for joining us.

And briefly summarize this gist of what your whistle-blower told you, and the time frame when he alleges all this stuff was happening.

BLAKE MORRISON, "USA TODAY": Well, Special Agent Dzakovic was with the FAA's Red Team pretty much from its inception, from 1995 on. And during that time what he did was conduct undercover investigations at airports, trying to pass simulated devices through airport security checkpoints and explosive detection machines.

Almost throughout his entire time with the Red Team what he saw were just atrocious success rates at getting those things through. Screeners were not catching them. The machines either were not working right, or were being misinterpreted. And he went to his supervisors with it, filed the reports with it, and basically was never sent back to any of those airports to check and see if it got better.

Also, he was told never to file a report on one particular airport in Puerto Rico because the security was so atrocious his supervisor said, Don't tell anybody.

BLITZER: I don't know if you've seen the statement that was just released by the FAA. But I'll read it to you and to our viewers, and get your reaction to what they're saying. This is in reaction to your front-page article in "USA Today":

"The Federal Aviation Administration's Red Team security testing was designed to identify vulnerabilities in the system so they could be corrected. Weaknesses detected by Red Team members have been addressed. The new Transportation Security Administration has taken over airport security, and will employee better-trained, better- supervised screeners as federal employees. The TSA" -- the Transportation Security Administration -- "is working to improve every aspect of aviation and transportation security."

That's their reaction to your article. What does that reaction say to you?

MORRISON: Well, I don't really know what it says, because when I asked them last week to respond to these allegations, they offered me no such assurances.

I think the real question is Special Agent Dzakovic says that over the course of time, before the September 11 attacks, time and again the Red Team exposed security deficiencies. And he says it wasn't that the government or the FAA was asleep at the wheel; he says they were wide awake, they saw these things, they just ignored them.

BLITZER: And let me read a few excepts from the article you had in "USA Today." One is this: FAA official were, quote, "fully aware of the vulnerabilities in civil aviation security, and of the terrorist threat, but took no meaningful action."

Dzakovic obviously makes a very serious allegation there.

MORRISON: In 1998 he wrote a memo that went to Jane Garvey, the administrator of the FAA. And when she puts these things together he says, listen, the terrorist threat is out there. It is only going to grow more pronounced as air travel increases. And listen, I'm telling you about all of these security problems at myriad airports; you're asking us to test it. Now you're telling us we essentially have to announce our test before we come, which skews the results. Terrorists don't announce their tests.

And that's what his point was: Why should we? We want to go down there and test these things, find out where the problems are, and then, by gosh, let's go down there and fix it.

BLITZER: And another point he makes -- the whistle-blower makes this point: "FAA supervisor skewed the results of investigations by announcing in advance that agents planned to test airport checkpoints."

Obviously that would undermine the whole purpose, if that allegation is correct.

MORRISON: The Red Team was essentially created in order to go down and do surreptitious testing. Just like a terrorist, you're not going to say when you're coming. So the Red Team would go down and essentially do these tests.

The test results were so bad that Special Agent Dzakovic says his supervisors then said, let's tell field agents that we're coming down. When they did that, they found that the test results were the inverse of what they had been before. In other words, they would catch 90 percent of all of the devices they put through in the announced tests, whereas before they would only catch 10 percent.

What Special Agent Dzakovic then did is decided not to announce the tests, to go down himself and do it. And basically the same abysmal success rates that they had with the unannounced tests resurfaced.

Essentially, it wasn't better at all, it was just announced.

BLITZER: And the third -- a very serious allegation he makes is this: "Supervisors instructed agents not to return to airports that tested poorly."

Why on earth would they not want agents to return to those airports that tested poorly?

MORRISON: That's what he couldn't figure out. And he went to the inspector general. He went to the General Accounting Office. He went to some members of Congress. He tried to go through the system to share these results, he says. And nobody seemed willing to listen.

And that is what I wonder about that FAA response today. His point is, if they did fix them, we in the FAA did not know they did.

BLITZER: Blake Morrison, thanks for your reporting. Thanks for joining us.

MORRISON: Sure. Thanks, Wolf.

BLITZER: And hoping to identify the bodies, family members give blood samples: the latest in the Georgia crematory investigation when we return. Plus, a former NBA star known for his antics and humor now faces charges in the death of his limo driver: a live report coming up.

(COMMERCIAL BREAK)

BLITZER: Let's check our "News Alert": Israeli authorities say two Palestinian gunmen opened fire today on a bus stop in East Jerusalem, injuring 10. Israeli police returned fire, seriously injuring one of the gunmen. They are hunting for the other. Three police officers are among the wounded.

Checking on the North Georgia crematory case: Distraught families began giving blood today for DNA samples. Authorities hope to use DNA to cross-type and identify some of the 319 bodies recovered from a crematory in Noble, Georgia. So far, only 69 people have been identified.

San Diego authorities say they believe 7-year-old Danielle van Dam is dead. And the district attorney's office is now charging suspect David Westerfield with murder. Police arrested Westerfield Friday after finding traces of the girl's blood on his clothing and in his motor home.

The second week of testimony in the Andrea Yates murder trial opened today. Prosecutors cross-examined the psychiatrist who interviewed Yates just after she was arrested for drowning her five children. The psychiatrist said Yates thought about drowning the children the night before she carried out the act.

Former NBA basketball player Jayson Williams surrendered to New Jersey authorities today. The 34-year-old ex-player faces manslaughter charges in the shooting death of a limo driver.

CNN's Deborah Feyerick is following the case. She joins us now live from Kingwood, New Jersey with details -- Deborah.

DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Wolf, 10 days after the early morning Valentine's Day shooting, Jayson Williams surrendering, turning in his passports, handing over whatever guns he had. He is out on $250,000 bail. Prosecutors say 55-year-old Costas Christofi was shot in the chest, a 12-gauge shotgun found right next to him in Williams' master bedroom.

Now, initially, witnesses had told investigators that Christofi may have committed suicide -- detectives, on further investigation, saying, no, that was not the case -- one witness then saying that that night Williams was handling the gun recklessly and that he was the only one near the driver when it went off -- now, prosecutors saying that the death of Costas Christofi, known as Gus to his friends, happened very, very quickly. The prosecutors also says there is no reason to believe that Mr. Williams intended to cause Mr. Christofi's death.

(BEGIN VIDEO CLIP)

STEVEN LEMBER, PROSECUTOR: I also wanted to assure myself that the conduct of the defendant, given all of the circumstances present at the time, demonstrated recklessness on his part.

(END VIDEO CLIP)

FEYERICK: Williams has been charged with second-degree manslaughter. Prosecutors say he that did act with reckless endangerment, meaning that he was well aware of what could happen if that gun went off. Williams' lawyer says they will show otherwise.

(BEGIN VIDEO CLIP)

JOSEPH HAYDEN, WILLIAMS' ATTORNEY: We are very confident that, after a full, fair and thorough exploration of all of the facts, that it will be clear that Mr. Williams is innocent of recklessness and innocent of any criminal conduct, and the matter will be deemed to be a tragic accident.

(END VIDEO CLIP)

FEYERICK: The acting prosecutor saying that they are waiting for a blood alcohol test to come back from a lab.

Initially, some of the people in the house had said that it may have been a suicide. However, prosecutors are saying that they want everyone who was there that night to come forward. Not everybody has been telling the truth, according to the prosecutors. This now goes to a grand jury, and they will decide what do from there -- Wolf.

BLITZER: And Jayson Williams, in the meantime, what happens to him?

FEYERICK: Well, he is out on bond. So he can go about -- his lawyer will begin putting together his case. Again, they are convinced that this is not reckless endangerment, that it was an accident. But, again, we are hearing two sides, the prosecutors very sure that they can bring actual charges against him once this goes before the grand jury.

BLITZER: Deborah Feyerick in Kingwood, New Jersey, thanks for that report.

And does an underground tunnel spell trouble for a U.S. Embassy? Coming up, a possible security risk in Rome. And my conversation only last month with a Colombian presidential candidate.

Listen to what she said then:

(BEGIN VIDEO CLIP)

INGRID BETANCOURT, COLOMBIAN SENATOR, PRESIDENTIAL CANDIDATE: I'm the only presidential candidate that doesn't have all I need for my security.

(END VIDEO CLIP)

BLITZER: Now, after that conversation, her fears, unfortunately, for her safety have come true.

(COMMERCIAL BREAK)

BLITZER: Welcome back.

The investigation into what Italian police are calling a security threat involving the U.S. Embassy in Rome is moving forward.

Our Rome bureau chief, Alessio Vinci, has more. (BEGIN VIDEOTAPE)

ALESSIO VINCI, CNN CORRESPONDENT: U.S. Embassy officials here say the Italian police are investigating under the assumption that there was a security threat against the U.S. Embassy here. However, they say there is no clear evidence at this time substantiating earlier reports that the attack was imminent.

A U.S. Embassy official earlier today said, "At this stage, it would have been difficult in the extreme to cause damage to the embassy." However, U.S. Embassy officials are also saying that they are taking threats against the Embassy extremely seriously, especially after the September 11 attacks, especially also after the discovery of a hole in a utility tunnel near the U.S. Embassy in downtown Rome.

U.S. Embassy officials describe that hole as large enough to get -- to let one small person through it. However, they also said that no water or gas pipes had been reached. State Department security agents are also expected to investigate the tunnel as early as Tuesday.

The discovery of this hole in the utility tunnel also follows a series of arrests last week by the Italian police. Eight Moroccan nationals have been arrested. And during the police raid, the investigators had found maps, utility maps, and also a tourist map, with the location of the U.S. Embassy clearly circled. Also, a large quantity of a cyanide compound was found during the raid.

However, U.S. Embassy officials and Italian investigators so far have said that there is no link between the arrests and the hole found near the U.S. Embassy. Meanwhile, defense lawyers for the eight Moroccan suspects say that their clients are denying the charges leveled against them. And they are also saying that the clients are saying they are not terrorists -- Wolf.

(END VIDEOTAPE)

BLITZER: Alessio Vinci, thank you very much.

And checking other international stories we're following: Officials from Iraq and the United Nations will meet March 7 to discuss resuming weapons inspections and other U.N. restrictions put in place after Iraq invaded Kuwait. Those talks will be in New York.

The Saudi crown prince is shopping around a peace proposal that he hopes could end the stalemate in the Middle East. And Israel has invited the prince to Jerusalem to present his ideas. Among them: Israel pulls back to the 1967 boundary lines, creating a Palestinian state.

The perils of public office are certainly great in Colombia. Last month, I spoke with presidential hopeful Ingrid Betancourt about her run for Colombia's highest office. At the time, I asked her about the very real dangers faced by politicians in that war-torn South American country. She responded with a plea for more security. And Saturday, during a trip through Southwestern Colombia, she disappeared.

Here is an except from that conversation I had with her on January 7.

(BEGIN VIDEOTAPE)

BLITZER: How do you live with this terrorism, this corruption, this drug smuggling at a time when you are trying to run for the presidency of your country?

BETANCOURT: Well, we cannot live in this situation. This is why we have to change it. And my purpose is to clean the system. I think that we have to understand that, if we allow this alliance between politics and drug traffickers, we are allowing terrorism, not only in Colombia, but also in the world.

BLITZER: Now, you are under death threat for some of the positions you have taken over these past several years as a senator. When you go out and campaign, how many security guards are surrounding you?

BETANCOURT: Well, I have 20 security bodyguards, but I lack the principal security, which would be a bullet-proof car. So I think this is kind of a fanfare, not only for me -- because I'm the only presidential candidate that doesn't have all I need for my security -- but it's also unfair for the people that are risking their lives to protect me, because they don't have the tools to protect me as they should have.

(END VIDEOTAPE)

BLITZER: Colombia's presidential election is set for May 26. But joining me now for more on these troubles in Colombia is Ingrid Vaicius from the Center for International Policy here in Washington.

What do make of this kidnapping of Senator Betancourt?

INGRID VAICIUS, CENTER FOR INTERNATIONAL POLICY: It is a particularly worrisome event, especially after the breakdown of the peace process. I think it puts Colombia in a very complicated, more complicated situation than it has already been in.

BLITZER: Who do you suspect is behind the kidnapping?

VAICIUS: The FARC, definitely.

BLITZER: The FARC is the major rebel group fighting the government.

VAICIUS: Yes, it's the largest guerrilla movement. It's got about 17,000 members and 70 fronts throughout Colombia. It is largely peasant based. And it has increased its numbers in the last couple of years dramatically.

BLITZER: She was warned by the government, Senator Betancourt, not to go to that particular area. But she went anyway. Why? VAICIUS: I think she wanted -- my understanding of it is, she wanted to be in the area, wanted to be one of the first people who was in the area when the government took over the demilitarized zone, which is where the peace process talks was taking place between the FARC and the Colombian government, despite the fact that she was warned by the presidency and by the government not to go there by land.

BLITZER: Was this a ploy in her bid to become the president in this campaign that is going on, to show that she was willing to take that kind of kind of courageous, some might say reckless, decision?

VAICIUS: I think it was a move of her part just to be there, show support for the people of the demilitarized zone, which might be under heavy threat by the paramilitary forces and the rebels and the armed forces. It's just a very volatile situation in this area. So she might have wanted to be there in support for these people.

BLITZER: You know the situation in Colombia well. How much of a -- how much was she threatened more than other politicians in Colombia?

VAICIUS: I think being a politician in Colombia, for the most part, is threatening. In and of this case, I don't consider it be more or less than anybody. I think any politician in Colombia is in a particularly worrisome point -- in any point in their candidacy.

Right now, the FARC has at least five legislators in their control after being kidnapped. So anywhere -- not only her, but any political candidate in Colombia is under immense threat.

BLITZER: So what usually is the track record? What happens to these politicians who are kidnapped by the rebels?

VAICIUS: Many of them are kept. Many of them are killed. It depends on the situation and it depends on if it was a unified move from the FARC command, which sometimes is the case. But, in the most part, we have to see and wait and see what their demands are. So far, there is a lot of skepticism. And we will see what happens. They say that it is maybe a move to create an exchange of -- a prisoner exchange.

BLITZER: The United States, as you know, has been spending hundreds of millions of dollars trying to deal with the problem of narco-terrorism in South America. The new White House budget goes up from $379 million to $439 million.

Is there anything the United States can do in this war on illegal drugs, especially in Colombia right now, that might help Senator Betancourt?

VAICIUS: I think we need to understand that there needs to be a move away from the military component. The U.S. needs to back -- or you needed to back a negotiated settlement. Right now there is no peace process, but I think the United States should play more of a role in supporting a negotiated solution, knowing that this is probably the only way that Colombia will see an end to its conflict.

BLITZER: If you saw the interview -- and some of our viewers probably remember the one I had last month with Senator Betancourt, I asked her about a well known fact. She, some six years ago, sent her children to live outside of Colombia because she was so worried they might be kidnapped. Now, obviously, she has been kidnapped. So she was fully aware of the dangers that she faced in her bid for the presidency.

VAICIUS: Yes, definitely. Anyone who does politics in Colombia knows the risks they are taking doing such a deed.

BLITZER: Ingrid Vaicius, thanks for joining us.

VAICIUS: No problem.

BLITZER: Appreciate it very much.

VAICIUS: Thank you.

BLITZER: We will have you back.

VAICIUS: Thank you.

BLITZER: Thank you.

Stand by, before you leave...

VAICIUS: Sorry.

(LAUGHTER)

BLITZER: A man on Georgia's death row has the support of an unusual person. Coming up: why the former first lady Rosalynn Carter wants to spare the killer's life.

And off the coast of Maryland: what didn't go down with a sinking ship.

Stay with us.

(COMMERCIAL BREAK)

BLITZER: Now checking these stories on today's "Newswire": The U.S. Coast Guard is still looking for survivors after an early morning collision of three vessels on Maryland's Elk River. Authorities say two tugboats were towing dredging equipment when they collided with a freighter. One tugboat sank and the other vessels ran aground. The incident is under investigation.

A misunderstanding led a sheriff's deputy to shoot and kill one Army soldier and wound another during a traffic stop in North Carolina. Authorities say the soldiers believed the deputy was part of a special forces training exercise. But the deputy was unaware of the exercise and feared the soldiers were going to kill him, shot them when they tried to disarm him. The sheriff's department says it was never notified about the training exercise.

Georgia's Board of Pardons and Paroles has commuted the death sentence of 33-year-old Alexander Williams, who had been facing lethal execution for the murder of a 16-year-old girl. The decision came after the board heard from a panel three psychiatrists who had examined Williams. He has been diagnosed with schizophrenia. And advocates for the mentally ill have protested his impending execution.

The mother of Alexander Williams' victim says he has lived 16 years longer than her daughter and he deserves to die. But her view was not shared by the European Union and the National Mental Health Association, which were among those opposing the execution.

Last week I spoke with former first lady Rosalynn Carter, another opponent. And I asked her about the case.

(BEGIN VIDEOTAPE)

BLITZER: Mrs. Carter, thank you so much for joining us.

And I know you have been very interested in capital punishment lately, in particular the case of a man named Alexander Williams, 33 years old, whose execution was stayed only the other day. Why are you so interested in this particular case?

ROSALYNN CARTER, FORMER FIRST LADY: Well, I have been interested in the case of mentally ill people being executed for a very long time. And this case is right here at home.

It will be a tragedy if he is executed, because he is so sick. And not only is he so sick, he was a juvenile when he committed his crime. He had been through horrible abuse at home as a child. And none of that was brought out in his trial. And I just think that it is wrong, in the first place, to execute somebody who is mentally ill. But, with all of these extra circumstances, it would be a tragedy to see him put to death.

BLITZER: He was 17 years old in 1986 when he raped and brutally murdered a 16-year-old girl. Her mother, only the other day when she heard of the stay in the execution, she told reporters this. She said: "I don't think he deserves to live anymore. He's lived 16 years longer than" Aleta, her daughter, "lived."

What do you say to a mother who is so angry over what this man did to her daughter?

CARTER: I would say to this mother that he is very sick. He should get good treatment. He should be punished for his crime. He should be in jail for the rest of his life, but not put to death.

I'm against capital punishment in the first place. But for somebody who is mentally ill, has no conception, oftentimes, of what they are doing, they should not be put to jail. People who are mentally ill have delusions, hallucinations. And they suffer terribly. And this young man was abused by his mother and his stepfather when he was growing up, all the time he was growing up. And he just -- it just is not right to execute mentally ill people. It is not right to execute children for crimes they commit. And our country is one of...

BLITZER: I was going to say, Mrs. Carter -- excuse me for interrupting -- but you are totally opposed to all capital punishment. Isn't that right?

CARTER: Absolutely.

BLITZER: So...

CARTER: I'm opposed to all capital punishment, but particularly for mentally ill people and children.

I am working very hard for a moratorium on capital punishment, because there are so many people who are executed who are innocent. And I have studied this for a very long time. And I have been working on indigent defense, trying to get good defense for people who can't pay for it, because the judicial -- the system is just unfair.

When this young man, for instance -- Alexander Williams' trial, nothing was brought up in his trial. And, to my understanding, it lasted 15 minutes in a courtroom. And that is not fair. He should have had a good defense.

BLITZER: But there is really no dispute that he did rape this young girl and he did brutally murder her.

CARTER: That's right. And he should be punished for it. But he should be in prison for life without a chance of being paroled. But he should not be put to death.

BLITZER: Mrs. Carter, I want to thank you for joining us. Appreciate your views. And thank your husband as well, of course.

CARTER: I will. Thank you, Wolf.

(END VIDEOTAPE)

BLITZER: Let's go to New York now and get a preview of "LOU DOBBS MONEYLINE." That begins right at the top of the hour -- Lou.

LOU DOBBS, "LOU DOBBS MONEYLINE": Wolf, thank you.

Tonight, we have a lot of good news. We will tell you what was behind Wall Street's 177-point rally on the Dow today. And for investors looking for credible information in the wake of the Enron scandal, we will have a special five-part series beginning tonight: "Who Can You Trust?" Tonight, we focus on the power of ratings agencies and what they can tell you about the health of a company. We will tell you the effect immigrants are having on home sales, which are skyrocketing. And the corporate race for Olympic gold: Who will be making all that money? All of that and more coming up at the top of the hour.

Please join us -- now back to you, Wolf. Thanks.

BLITZER: Thank you very much, Lou. We will be watching, as we do every night.

And, in just a moment, we will have your chance to weigh in on the news of the day.

Stay with us.

(COMMERCIAL BREAK)

BLITZER: Checking our e-mail, Lawrence from Cape Girardeau, Missouri writes this: "Every day, thousands of decent, innocent people are tortured and brutally murdered, and no one, except their immediate family, mourns or even is aware of their passing. Both the media and the nation at large engage in selective compassion."

Ellen from New York City writes: "CNN and other networks should televise the trial of Slobodan Milosevic. I think that is a good opportunity to show the Muslim world that Americans do fight for justice."

And Kontraros from Athens, Greece had these thoughts on the Andrea Yates trial: "There is no doubt that what she did was awful. But I wonder if anyone who has not suffered from depression has any idea of the distorted thinking that goes on in the brain. Sometimes one can fight it, and other times, as in this case, tragedy occurs."

I'll be back in an hour with more coverage from here in the CNN "War Room." Among my guests: CNN terrorism analyst Peter Bergen.

Until then, thanks very much for watching. I'm Wolf Blitzer in Washington. "LOU DOBBS MONEYLINE" begins right now.

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