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CNN Wolf Blitzer Reports

Ninth Circuit Overturns 100 Death Sentences; 3 More U.S. Soldiers Killed in Iraq; U.S. Military Engaged in Fighting in Afghanistan

Aired September 02, 2003 - 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: Death row denied, at this hour more than 100 inmates in America have new reason to believe they'll escape the death penalty. Stand by for hard news on WOLF BLITZER REPORTS.
(BEGIN VIDEOTAPE)

BLITZER (voice-over): Terror in Iraq, four car bombings in four weeks.

PAUL BREMER, U.S. ADMINISTRATOR IN IRAQ: We will stop them. We shall combat them and we shall overcome them.

BLITZER: But, as U.S. casualties mount is it time for Iraqis to look out for themselves?

AHMED CHALABI, IRAQI NATIONAL CONGRESS: We want to move forward to take care of security.

BLITZER: Bank robber or hostage who rigged the bomb that took his life? Baffled investigators are asking for help.

UNIDENTIFIED MALE: Someone may have or may recognize the instrument, the metal, the locking material that's used to secure it to the neck.

BLITZER: One murdered a playmate when he was 12. One sold out his country to an ally. Are they paying too high a price?

The case against Scott Peterson, you were supposed to hear it next week. We'll tell you why you won't.

(END VIDEOTAPE)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS, live from the nation's capital with correspondents from around the world. WOLF BLITZER REPORTS starts now.

BLITZER: It's Tuesday, September 02, 2003. Hello from Washington, I'm Wolf Blitzer reporting.

(BREAKING NEWS)

BLITZER: And, we begin with breaking news. A sweeping ruling from the Ninth Circuit Court of Appeals, the justices are overturning about 100 death sentences in three western states, a huge potential setback for the death penalty.

Our national correspondent Frank Buckley is in Los Angeles. He's joining us now live with details. Frank, tell us all about it.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Well, Wolf, the ruling means that at least 89 people on Arizona's death row and others on death row in Idaho, that's 17 people, five people on death row in Montana, will have their death sentences commuted to sentences of life in prison.

This decision comes from the Ninth Circuit Court of Appeals. It follows a decision last year by the U.S. Supreme Court that said juries, not judges, should sentence people to death.

A question that remained open was whether the new rules could apply retroactively to inmates who were awaiting their executions. The three states where the ruling will have an immediate impact Arizona, Idaho, and Montana are within the Ninth Circuit.

Two other states also allowed judges to impose death sentences. They are Nebraska and Colorado but they are covered by other federal appeals courts that have not yet ruled on this question of retroactivity.

This ruling comes in the murder of Brenna Bailey who was a delinquent accounts investigator. She was killed in 1981. Warren Summerlin was convicted of her death and is on Arizona's death row but, because of this ruling, his death sentence is now life in prison. Legal experts say it's very likely that today's ruling will be appealed -- Wolf.

BLITZER: All right, Frank Buckley thanks very much for that information.

Let's get a little bit more on this potentially extremely significant story. I'm joined now by Ken Murray of the Federal Public Defender's Office in Phoenix.

What do you make, first of all, Mr. Murray, of this decision?

KEN MURRAY, FEDERAL PUBLIC DEFENDER'S OFFICE: Well, thanks for having me on first. What we make of the decision is that the Ninth Circuit saw that the right to a jury trial was the most fundamental basic right to our criminal justice system that, especially in capital cases, could not be allowed to be extinguished by a statute or any other procedures that were involved.

BLITZER: So, what happens next? There are suggestions that this decision will be appealed.

MURRAY: Well, I don't know. I can't speak for the state whether they will appeal it. I'm sure it's a very lengthy opinion and that everybody would have to look at it in detail before making such a decision but there's a very good likelihood that it could be appealed and, if so, then we will be prepared to defend the position of the Ninth Circuit. BLITZER: You have had a chance to review the decision by this Court of Appeal. What was their main concern why these defendants needed a jury to convict them as opposed to just letting a judge do it?

MURRAY: Well, I'm not sure that there is a single main concern but overall what they seem to be saying is that the right to a jury trial is fundamental to our system and they went through lengthy analysis of different legal technical aspects.

But, in the end, I think what they just said is it's so important that, especially in capital cases, we can't let somebody be executed without them having the right to a jury trial because it would enhance the accuracy and it will reflect the community values and their moral values and views on the death penalty as they evolve so they thought that was very important.

BLITZER: Ken Murray of the Federal Public Defender's Office in Phoenix thanks very much for that analysis.

And this note to our viewers, we'll hear from the other side in the case tonight when the Arizona Attorney General Terry Goddard joins Paula Zahn on "LIVE FROM THE HEADLINES." That's at 8:00 p.m. Eastern, 5:00 Pacific, only here on CNN.

Now to terror in Iraq, there doesn't seem to be an end in sight. There also doesn't seem to be an end in sight to the U.S. casualty count. It climbed once again today.

The U.S. military announced the deaths of three more soldiers. One was killed in a so-called non-hostile helicopter crash. The others died yesterday in clearly hostile action when an explosion ripped through their convoy. Meantime, Iraqis bore the brunt of the latest terror bombing.

CNN's Rym Brahimi reports from Baghdad.

(BEGIN VIDEOTAPE)

RYM BRAHIMI, CNN CORRESPONDENT (voice-over): The fourth car bomb in Iraq in four weeks, the target this time a police station, the casualties at least one person killed and, according to a hospital that took in the wounded, at least 18 people injured.

UNIDENTIFIED MALE (through translator): Flying debris, glass, iron everything flying. It was a big explosion.

BRAHIMI: Having heard of the explosion this woman came frantically looking for her son who works there. The police said a thick wall between the building and the car park where the bomb went off prevented this latest attack from doing more damage. The bomb exploded in the morning on a day when former Iraqi policemen come to collect their salaries and look for jobs with the new Iraqi police force.

UNIDENTIFIED MALE (through translator): Those targeted were the police and, in general, the police came not to serve a certain person but the country. They're not serving the Americans or a certain group or a party. They're serving Iraq.

BRAHIMI (on camera): In a country where unemployment is high, getting trained as a policemen is a job but policemen have been threatened by militants but they're calling on Iraqis to kill them as so-called collaborators saying they're traitors for working with coalition forces.

(voice-over): Speaking to reporters, the U.S. Administrator in Iraq Paul Bremer said the coalition would continue to fight terrorists in Iraq with the help, he said, of the Iraqi people.

BREMER: As twice before in the past month the terrorists have taken innocent lives. Once again the terrorists have shown they will stop at nothing in the pursuit of their aims but they shall be stopped. We will stop them. We shall combat them and we shall overcome them.

BRAHIMI: This latest car bomb comes only four days after two simultaneous car bombs killed at least 83 people in the holy city of Najaf.

Rym Brahimi, CNN, Baghdad.

(END VIDEOTAPE)

BLITZER: In a tremendous outpouring of grief literally hundreds of thousands of Shiite Muslims converged on their holy city to mourn a senior cleric killed in last week's bloody terror attack.

CNN's Ben Wedeman reports from Najaf.

(BEGIN VIDEOTAPE)

BEN WEDEMAN, CNN CORRESPONDENT (voice-over): They beat their chests in grief and anger chanting their loyalty to a leader blown apart in last Friday's massive car bombing.

The followers of Ayatollah Mohammed Baqir al-Hakim descended upon the holy city of Najaf from all over Shiite Iraq for this massive funeral march, their pain made graphically clear as they ritually (unintelligible) themselves, an ancient Shiite custom symbolizing a deep respect for those who have given their lives for the cause of Islam, a custom strictly forbidden by Saddam Hussein's regime which brutally oppressed the Shiites.

While many here blame the U.S.-led coalition for failing to stabilize post-war Iraq many also accuse remnants of the old regime for the bombing.

"We believe that Ba'athists and foreign hands were behind this attack" says this Hakim follower, an opinion shared by the current head of the coalition appointed governing council.

CHALABI: I am sure the trail leads back to Saddam and the remnants of his party and their new allies, the foreigners who come from across the border in the neighboring countries.

WEDEMAN: Despite the massive crowd, this was a symbolic funeral. There is no body to bury. No remains of the assassinated ayatollah have yet to be identified only his ring, his wristwatch and his turban have been found.

Despite the shock of the bombing, the Shiites of Iraq seem determined to exercise their new found power, overcoming a legacy of oppression and alienation.

(on camera): In the days of Saddam Hussein, such manifestations of Shiite identity would have been unthinkable. Now, at a time of Shiite resurgence, such manifestations seem unstoppable.

Ben Wedeman CNN, Najaf, Southern Iraq.

(END VIDEOTAPE)

BLITZER: Iraq isn't the only place where American forces have their hands full. American soldiers continue to be killed in Afghanistan almost two years after the U.S. invasion aimed at overthrowing the Taliban and capturing Osama bin Laden.

Our senior Pentagon correspondent Jamie McIntyre is joining us now live from the Pentagon with the latest on this hot spot -- Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Wolf, for the last two weeks the U.S. military, along with its Afghan allies, has been engaged in some pretty tough fighting in the rugged mountains in southern and southeastern Afghanistan.

In fact, just this past Sunday, two soldiers from the 10th Mountain Division died during a firefight with suspected Taliban fighters. Two other U.S. troops have also died in accidents since Friday, one from a fast roping incident and another from a vehicle accident.

The current operation is called Mountain Viper. It's aimed at rooting out several hundred Taliban fighters who have regrouped in the border area near -- between Afghanistan and Pakistan. They've been attacking Afghan forces in the area.

The United States has moved some troops in. It won't say how many but it says as many as 67 enemy fighters have been killed in a series of operations in which U.S. warplanes have also been called in to provide close air support.

This is the area, by the way, where Osama bin Laden is believed to be and, also possibly, Mullah Omar, the leader of the Taliban but Pentagon sources say these operations are not based on any specific location or specific information about their locations. At last report the United States have overrun three Taliban positions in the mountain and are said to have some fighters trapped in a cave -- Wolf.

BLITZER: Jamie McIntyre at the Pentagon thanks very much, Jamie, for that. He hasn't been seen in public since 1987 when he began serving a life sentence for passing U.S. secrets to Israel but former intelligence analyst Jonathan J. Pollard appeared in a Washington courtroom just a couple hours ago seeking ultimately his freedom.

Let's turn to our National Security Correspondent David Ensor who was there inside the courtroom. Tell us what happened, David.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Wolf, lawyers for Jonathan Pollard pleaded with the judge to allow them access to a top secret memo written at the time the convicted spy for Israel was sentenced to life imprisonment and they argued that Pollard's lawyers back then made a "horrible mistake" by not appealing the life sentence. The sentence was too long for spying for an ally, they said, and the defendant's lawyers were not competent.

Looking pale, Pollard watched. He was wearing a green prison jumpsuit and on his head a white and gold yarmulke. His lawyers are hoping to get Pollard's sentence reduced or to get a pardon from President Bush and they're asking for the court to help gather information for that effort.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The Jonathan Pollard case is a stain on the American legal system and until we get the facts developed, until we get to the truth that stain will not go away. Jonathan Pollard was deprived of an effective assistance of counsel. He was deprived of a fundamental constitutional right.

(END VIDEO CLIP)

ENSOR: Now, lawyers for the U.S. government argued against Pollard's petitions on legal and procedural grounds and said his lawyers 18 years ago did an excellent job but lost anyway. They declined to speak to reporters after the hearing but national security experts do argue that some of the secrets Pollard gave Israel may have ended up in Soviet hands. They say the damage Pollard did to this country was very serious.

Chief Judge Thomas Hogan asked some pointed questions of both sides today in the courtroom but especially of Pollard's lawyers. He gave no indication of how he'll rule or when. He said he'll review the record carefully first -- Wolf.

BLITZER: All right, we'll be watching that very closely. Thanks for that good report, David Ensor.

And here's your chance to weigh in on this story. Our web question of the day is this: "Should convicted spy Jonathan Pollard receive a reduced sentence?" You can vote right now at cnn.com/wolf. We'll have the results later in this broadcast.

And, we'll also hear from a U.S. Congressman and a former Pentagon intelligence analyst who are at odds over Pollard's fate. Also, while you're online send me your comments. I'll try to read some of them on the air each day at the end of this program and that's also, of course, where you can read my daily online column, cnn.com/wolf.

A strange display and an appeal for help, what investigators are finding out from these devices on a pizza delivery man before his death in a bomb blast and what they say they need to solve the case.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If you can hear me over there, stand by. We'll be on our way with an emergency crew just shortly. Stand by.

(END VIDEO CLIP)

BLITZER: A dramatic scene in Indiana, find out what happened when rescuers tried to pull a stranded motorist from raging floodwaters.

And, the first person to be executed for anti-abortion violence in the United States, he likely has just one day left. Is he repentant?

(BEGIN VIDEO CLIP)

PAUL HILL, CONVICTED MURDERER: People might say, might question me and say well would you do it again and if I were put in similar circumstances...

(END VIDEO CLIP)

BLITZER: Find out what Paul Hill says of his crime and his sentence. That's just ahead.

(COMMERCIAL BREAK)

BLITZER: How might Kobe Bryant's attorneys go after his accuser, coming up, the latest legal move that could provide the answer?

(COMMERCIAL BREAK)

BLITZER: Torrential rainstorms triggered deadly flooding in parts of Indiana over Labor Day. A resident of Indianapolis summed up the feelings of many when he said: "We're not afraid we're just astonished." A record 7.2 inches of rain fell on the city yesterday.

At one point in Indianapolis, rescue teams worked frantically to try to save a motorist who was swept away while attempting to cross a swollen creek, Roger Harvey of our affiliate WTHR reports.

(BEGIN VIDEOTAPE)

ROGER HARVEY, WTHR CORRESPONDENT (voice-over): Here in the darkness if you look closely you can see the person in need of help, a dome light inside of what appears to be a pickup truck served as a beacon for rescuers.

UNIDENTIFIED MALE: If you can hear me over there stand by. We'll be on our way with an emergency crew just shortly. Stand by.

HARVEY: The victim waved a sun reflector in an effort to guide emergency crews through the fast-moving current.

UNIDENTIFIED MALE: Fire department's here hold on.

HARVEY: A firefighter connected to a safety line tried to get to the victim but, within minutes, the rescuer came back. Then crews used boats and even a jet ski to find the motorist. The water moved too fast. They couldn't find the victim. In the daylight it's clear what the biggest challenge is to emergency crews.

SGT. TERRY HALL, IPD DIVE TEAM: The current is moving so fast that it could actually snap a person's leg if it got him in between a tree. This current is the type of current that takes kayakers and puts their kayak against a tree and actually bends it in half.

HARVEY: And to further complicate the search the dive teams needs to make their way back behind these trees where two river channels meet.

SCOTT MCDANIEL, INDIANA CONSERVATION OFFICER: Based upon the fact that the area that we want to search is basically in that wooded line we're just experiencing some logistical difficulties trying to get there now.

(END VIDEOTAPE)

BLITZER: That was Roger Harvey of our affiliate WTHR reporting.

In Kansas, meanwhile, the bodies of two people missing in flash floods have been found. One of the victims was with her husband and four children Saturday when their vehicle was swept off an interstate. The children, all under the age of ten, were killed. The husband survived. Another victim was a man from Texas.

The man who tried to kill President Reagan back in court today, we'll tell you what John Hinckley asked for and the judge's response. That's just ahead.

Kobe Bryant's attorneys want something too and it may have a big impact on his case, we'll tell you what that is.

And, when will we start to see movement in the Laci Peterson case? There's a new development on that and some controversial remarks from Laci's mother-in-law, those stories just ahead.

First, let's check some stories making headlines around the world.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Terrorism trial, a court in Indonesia convicted radical Muslim cleric Abu Bakar Bashir of inciting others to overthrow the country. He was sentenced to four years in prison; however, the court acquitted Bashir of leading a terror group linked to al Qaeda.

Milosevic rejected. A U.N. war crimes tribunal denied a request by former Yugoslav President Slobodan Milosevic to be released from detention for two years to prepare his defense. Milosevic is on trial in the Netherlands on charges of carrying out crimes against humanity in the Balkans in the 1990s.

France burns, three firefighters have been killed in raging forest fires near the Riviera resort of San Tropez. Two thousand firefighters are battling the latest forest fire to hit France's southern coast this summer.

Headed for earth, American astronomers warn that a giant asteroid could hit earth in the year 2014 but don't run for the hills just yet. The chances of a catastrophic collision are just one in 999,000.

Epic climb, an American paraplegic is attempting to climb Mt. Fugi, Japan's highest mountain. Keegan Riley (ph) is pulling himself up the slopes using a custom made device resembling a mountain bike. He hopes to reach the summit Thursday. The 22-year-old lost the use of both legs in a car accident seven years ago.

Taking it off, the new movie "Calendar Girls" premiered in London amid a lot of buzz that it's a surefire box office hit. It's based on members of the British women's group who notoriously strip for a charity calendar, and that's our look around the world.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

BLITZER: Welcome back. In Florida, a former minister who killed an abortion provider and a security escort scheduled to be executed tomorrow but he says given the chance he'd probably do it all over again.

Paul Hill was convicted of the 1994 murders of Dr. John Britton and James Barrett. In a jailhouse interview today Hill said he doesn't feel any remorse and he expects, and I'm quoting now, "a great reward in heaven."

(BEGIN VIDEO CLIP)

HILL: Right prior to my -- them putting me in the cruiser, a little crowd had gathered and I spontaneously said one thing's for sure, no innocent people will be killed in that clinic today and that was the case.

(END VIDEO CLIP)

BLITZER: Hill suggested he's a martyr for the anti-abortion movement. Several Florida officials connected with the case have received threatening letters accompanied by rifle bullets. Also in Florida, defense lawyers are appealing a life sentence for a convicted killer who was just 12 years old at the time of his crime. Lionel Tate is 16 years old now. He was convicted of killing a six-year-old girl his mother was babysitting and in 2001 he was sentenced to life without parole.

Today his lawyers argued the punishment is cruel and unusual, citing what they say was Tate's immaturity at the time. There's no timeline for when the appeals court will rule.

The Erie mystery, in Erie, Pennsylvania, it's taking on a new twist.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We feel that this device was made uniquely for the incident at hand.

(END VIDEO CLIP)

BLITZER: Police show pictures of a deadly collar a bank robber said he was forced to wear just before the bomb attached to it exploded. Will it help them solve the case?

Kobe Bryant's lawyers subpoena some records, what does it tell us about their defense strategy? We'll talk with a legal expert.

And, he says the United States is going in the wrong direction, what are his ideas about a new direction for America?

(COMMERCIAL BREAK)

BLITZER: A change in the case against Scott Peterson, that story coming up on WOLF BLITZER REPORTS.

(COMMERCIAL BREAK)

BLITZER: Welcome back to CNN. In just a moment new information about the deadly collar in Erie, Pennsylvania; first though, let's take a look at the latest headlines.

(NEWSBREAK)

BLITZER: Investigators in Pennsylvania are struggling to come up with answers in a bizarre bank robbery bombing case. A pizza delivery man was killed Thursday by a bomb attached to his neck after he held up a bank in Erie. The FBI today released pictures of the collar used to secure the bomb to the man's neck.

CNN's Mike Brooks has more.

(BEGIN VIDEOTAPE)

MIKE BROOKS, CNN CORRESPONDENT (voice-over): The lock that held a deadly bomb around the neck of pizza man turned bank robber Brian Wells was homemade, the FBI says. Handcrafted for this purpose alone. BOB RUDGE, FBI: As far as the locking mechanism, it was unique and it was sophisticated.

BROOKS: The FBI showed the public this picture.

RUDGE: And you can see a sequence of four locks and also a dial combination lock above.

BROOKS: The locking collar had been sent to the FBI's lab in Quantico, Virginia.

RUDGE: Part of the testing that is ongoing will be certainly for fingerprints.

BROOKS: The handwritten note Wells gave the bank teller is also at the lab.

RUDGE: Being examined for hairs, fibers, fingerprints, handwriting and every test that you can imagine.

BROOKS: All to answer this one question -- Did Brian Wells act alone or was he indeed the pawn of an unknown mastermind behind this robbery and his death in the bomb blast?

Investigators still do not know what to make of the curious death of pizza co-worker Robert Pinetti this weekend. They said an autopsy did find evidence of methadone and a valium-type drug.

BRADLEY FOULK, DISTRICT ATTORNEY: In combination, those types of drugs could lead to respiratory depression, which could result in an accidental or intentional drug overdose.

BROOKS: So is there someone else, a Machiavellian mind, still out there unseen and uncaught?

RUDGE: Well, you know, we really don't know the answer to that. All what we can do is address the matter at hand and pursue it as vigorously as we humanly can. And that's what we are doing.

(END VIDEOTAPE)

BROOKS: Law enforcement sources tell CNN that the improvised explosive device around Wells' neck was, in fact, a pipe bomb that was not very sophisticated -- Wolf.

BLITZER: Mike Brooks reporting from the CNN Center in Atlanta. Thanks, Mike, very much.

And joining us live on the phone from Erie, Pennsylvania is Reme (p) -- Renee, excuse me, DeCamillo, a reporter for WJET. She was on hand when the bomb exploded and killed Brian Wells.

Renee, once again, thanks for joining us. What else are you hearing from your sources out there on the scene about this investigation? RENEE DECAMILLO, WJET-TV REPORTER: Well, today there was a second news conference, and they released information about Wells' autopsy. They did say that the wound to his chest was about the size of a postcard. It was a superficial wound. So it wasn't very deep. There was blunt force to his heart and lungs. So the bomb itself wasn't very forceful, but, again, it was enough to kill him.

BLITZER: And what about the connection with the death of this other delivery pizza man? What, if anything, -- what other connection possibly could there be?

DECAMILLO: Well, they are saying that there is no way to link Panetti yet to this bomb. There could just still be someone out there.

Panetti's autopsy results were released. They say he may -- preliminary autopsy reports say he may have overdosed. There was methadone and a Valium type drug found in his system.

BLITZER: It looks like this collar was very, very unique and Mike Brooks telling me earlier in the day he'd never seen anything like this before. Are investigators on the scene saying that they have evidence, they've seen this kind of collar used in other crimes?

DECAMILLO: No. They say they have never seen anything like this before. It wrapped around his neck. So they say this was specifically made for this incident. It had four key locks and a combination lock. So, I mean, this person, whoever did this, whether it was Wells, Panetti or someone still out there, seems like, you know, that he meant business.

BLITZER: Is it their sense that this collar, that it was -- are they leaning towards the notion this was some sort of suicide or are they leaning towards the notion this was murder, this was homicide?

DECAMILLO: Well, they are investigating it as a homicide. But that's the extent that they will tell us at this time. Again, they still think that someone could still be out there. They are still searching the avenue that Wells acted alone, perhaps he had something to do with it or maybe he was a complete victim in this, possibly abducted and held hostage.

BLITZER: Finally, Renee, how are people in Erie and the area reacting to all of this?

DECAMILLO: Well, people are shocked. I talked to people on the street and they said, what if this person is still out there? It's a scary feeling. Erie is not a big town.

BLITZER: Erie's not a big town at all. I know it quite well, having grown up not far away in Buffalo, New York. Renee DeCamillo of our affiliate, thanks very much -- WJET. Once again joining us from Erie.

Do Kobe Bryant's lawyers plan to turn the tables on the woman accusing the basketball star of sexual assault? Court documents give us a glimpse of their possible -- repeat -- possible, strategy.

And Scott Peterson gets what he wants in a California courtroom today. But his parents are still upset. We'll tell you why.

And does this convicted spy deserve to get out of prison or spend the rest of his life there? We'll hear two very different assessments.

Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back. More now on the Jonathan Pollard spy case. He's the former U.S. intelligence analyst who was convicted of spying for Israel. In 1987, he was sentenced to life in prison.

Pollard was back in a federal courtroom today, trying to get his case reopened and his sentence reduced. This note: I interviewed Jonathan Pollard twice in 1986 at the federal penitentiary in Petersburg, Virginia, while he was awaiting his sentence. I also interviewed all the key U.S. and Israeli officials involved in this case in 1989. I wrote a book called "Territory of Lies" on the case.

Now, many years later, there are still so many unanswered questions. Does Jonathan Pollard's punishment, for example, fit the crime? He passed America's secrets to one of America's closest allies, but some say the damage was greater than that. Should Pollard go free or should he spend the rest of his life in prison?

Joining me now, two guests, Congressman Anthony Weiner of New York, a member of the House Judiciary Committee, and retired U.S. Army Colonel Pat Lang, a former chief Middle East analyst over at the Pentagon's Defense Intelligence Agency. He worked at the Pentagon when Pollard worked for the Navy as well. Thanks to both of you for joining us. Congressman, why do you believe Pollard should be released after 18 years?

REP. ANTHONY WEINER (D-NY), JUDICIARY COMMITTEE: Well, Pollard committed a serious crime. There's no doubt about it. But in many ways he's also been the victim. He's been the victim of bad lawyering. He had a lawyer who didn't even go through the trouble of filing a one-page appeal that he should have filed. He's a victim of bad faith on the part of the government. Government offered him a plea bargain, said we're not going to ask for life imprisonment, and then essentially changed their mind at the last minute. And finally, he's the victim of bad timing. I mean, frankly, getting caught up in the year of the spy, which is what they called the year that he was caught, because there were so many spies caught on behalf of Russia. He got caught up clearly.

And he also got -- he's caught up now in the embers of the scandal around Bill Clinton's pardons. The bottom line is, no one has ever served 18 years in prison for the crime that he pleaded guilty to. No one.

BLITZER: Let me let Pat Lang weigh in. The intelligence community, they hate this guy, they think he committed treason, he should rot in prison the rest of his life. Why are they so angry at him?

COL. PATRICK LANG (RET.), U.S. ARMY: Well, in part what the congressman says is right. I mean, there was a really bad patch there in which a number of people, Walker and these other people, were unmasked and people were very, very upset about this kind of thing. And in addition, it was also the fact that the Israeli government at the time was in liaison, intelligence liaison with the major American intelligence agencies and were being very well taken care of. And people were extremely upset and angered over the fact that that wasn't good enough, that in fact they had to go and root around in our backyard, using one of our own citizens to try to get whatever it was that they weren't being given. And that upset people.

BLITZER: That's a fair point, because the Reagan administration at that time was very pro-Israel, very supportive of Israel, and yet the Israeli government at that time had this espionage ring here in Washington.

WEINER: That is fair. It was a serious crime. Some of it, as you point out in your book, was guided by Pollard's misguided ideology about what Israel should or should not have access to.

BLITZER: He did take money from the Israelis, as well.

WEINER: That's exactly. He took about $50,000. By the standards of some of these cases, it wasn't a huge amount. It is fair enough. The question is, is 18 years enough? When you consider that he pleaded guilty to one count of conspiracy to commit espionage, which generally gets if you look at the history of these cases, in the neighborhood of five years, sometimes as much as 10 years tops. The fact that they offered him a plea bargain in exchange for cooperation, and the government broke that plea bargain. It's a question of fairness, not whether he (UNINTELLIGIBLE).

BLITZER: Pat, you want to weight in?

LANG: Well, the thing about the money I think is of no real importance. I have to say that in ordinary circumstances, in espionage operations, the operating agency always tries to get their agents to take money to establish an employer/employee relationship. This is a normal thing. So I'm sure they pressed him to take money, and he was foolish enough to do that, which corrupts his position in many ways, which is what they always had in mind.

BLITZER: But you blame the Israeli government in this case, Pat, more than you blame even Jonathan Pollard.

LANG: I certainly do. In fact, when you look at the way he was handled, in that they sent him in as kind of errand boy to bring out particular documents by title and serial number, and that kind of thing, he clearly was a kind of pawn in this. And as many espionage agents are, in fact, kind of neurotic and weak personality.

BLITZER: Congressman, you know that U.S. officials still don't believe the Israeli government has come clean. They want the Israelis to make available to them those Israeli handlers who ran Pollard. They want the documents, the actual documents back, and they say if the Israelis were willing to do that, that could help Pollard. But the Israelis aren't willing to do that.

WEINER: Well, it isn't clear what kind of conversations have gone on between President Clinton and then Prime Minister Netanyahu at Wye River and other things where this has come up. One thing is clear, is that Jonathan Pollard is quite literally caught in the middle here. He is not someone that I think anyone believes still poses a threat to anyone.

BLITZER: Well, there are people who believe he still has sensitive information in his head which could compromise U.S. security.

WEINER: Well, you know, it's interesting, you know, government sources have said alternatively, well, we can't give the documents that he wants to see to his lawyers because they are so old there's no need to have them. Then they say he might have this encyclopedic knowledge of all of these things. Let's just say that a lot of the information he has, and I'm one of the people that's been able to see it, and I'm quite positive...

BLITZER: Have you read the Weinberger affidavit?

WEINER: I have seen the documents that have been ...

(CROSSTALK)

BLITZER: The Weinberger affidavit, have you read that?

WEINER: Yes.

BLITZER: And you say what when you...

WEINER: I'm not going to characterize the document in the redacted portion. I will characterize the part that...

BLITZER: Did you read the redacted or the original?

WEINER: Yes, I read the redacted version.

BLITZER: Well, the redacted I read too, because that's in my book. The question is, whether there's something that...

WEINER: No, no, I'm saying there's a portion that was redacted. I've read both, the parts that are public and is not. And what I will say is this: The part that is public, the Pollard Caspar Weinberger accuses -- accuses Pollard of treason, which is something prosecutors never did. When he says in the year of the spy, this was the worst case. Clearly it wasn't the case. This was a mischaracterization on the part of Weinberger that clearly swayed the court to throw out a plea bargain.

BLITZER: Pat -- let me get Pat the last word. LANG: Well, I think, you know, that this man has spent 18 years in prison for this crime. And he's clearly a broken person. You look at him on television. You know, I think that he doesn't deserve clemency, but personally, I'd just as soon see him released to go finish his days in Israel, where he wants to be. For the Israelis to want him back, I find amazing, because in fact, you know, look at what they are admitting about the fact that they ran an operation against us. Not just for stuff on the Middle East, but for stuff that -- on the Soviet Union and places like that as well. You know, this is a serious matter. But you know, the quality of mercy is not strained.

BLITZER: All right. We'll see what happens. George Tenet, as you both know, threatened to resign if Bill Clinton were going to release Jonathan Pollard.

WEINER: Not to be too cheap about it, but I highly recommend people read your book to get a full picture of this case.

BLITZER: You don't have to promote my book. Thanks, anyhow. Thanks to both of you for joining us. Congressman, Pat Lang, always good to have you on the show.

WEINER: Thank you.

BLITZER: Once again, our Web question of the day is this -- should convicted spy Jonathan Pollard receive a reduced sentence? You can vote right now, cnn.com/wolf. We'll have the results later in this broadcast.

New developments in two of the country's most watched legal cases. A delay in the Laci Peterson murder trial. Is this a victory for the defense, the prosecution, or both?

Also, the Kobe Bryant case. Court documents indicate one possible line of defense strategy. We'll talk about both these cases with our legal experts. Stay with us.

(COMMERCIAL BREAK)

community in Denver will be more racially diverse. But on the other hand, if the case were to go to Denver, it goes to Denver with that sort of legacy. I might stay there and fight it in a town where the victim is and make use of any and all information about that victim to try to seek acquittal of my client.

BLITZER: Mitch, I'll give you the last word. What do you say?

MITCHELSON: Well, I think that the judge is going to do his best to try to hold the case where it is. If I were the state, I'd want this case tried in the county where the offense was committed.

BLITZER: All right. Mitch Mitchelson, and Pam Bethel, thanks to both of you for joining us.

BETHEL: Thank you. BLITZER: It was the ride of a lifetime. A truck driver clinging to a stolen vehicle as it races down a Houston highway. Hear his story, in his own words. That's coming up right after this quick break.

(COMMERCIAL BREAK)

BLITZER: It was the ride of a lifetime, and one Texas truck driver doesn't ever want to do it again. He was filling up at a Houston gas station when he saw a thief stealing his truck. The driver jumped on the side platform and his terrifying adventure began.

(BEGIN VIDEOTAPE)

BOBBY MURRY, TRUCK DRIVER: All I could hear was the wind in my -- my ear, and my eyes were running water and my throat was dry, and I was angry and scared.

BLITZER (voice-over): Bobby Murry got much more than he bargained for when he tried to stop a thief from stealing his truck. Racing down Houston roads and highways at speeds up to 70 miles an hour, Murry started preparing for the worst.

MURRY: I was praying to the Lord to forgive me all my sins because I don't know what's going to happen on this trip.

BLITZER: Murry says he tried to break the window with his cell phone, hoping to stop the driver. That didn't work. And neither did reason.

MURRY: He started talking crazy, things out his head, I don't know what he was saying. But he kept asking me was the police behind him, and I kept telling him, yeah, they're behind you, they're not going to stop. They're not going to stop. So it was terrifying.

BLITZER: And about to get even more so, as the thief comes up to traffic and rams into a pickup truck. He careens off the road and comes to a stop, giving Murry a chance to escape. The chase continues, coming to a violent end a few minutes later as the truck moves to a crowded intersection and rams one vehicle, then another, and finally is wedged in.

Police move in and make their arrest. And Murry is left to explain why he just didn't jump off.

MURRY: By the time he got it fired up, I couldn't get off. We were going too fast. So it was just a ride I just had to take.

(END VIDEOTAPE)

BLITZER: It's not recommended you do this if it ever happens to you. Stay away from that kind of a situation. Police, by the way, say at least six vehicles were damaged in the chase and some of the people inside suffered minor injuries. Thank God everything turned out OK, relatively speaking. Our hot Web question of the day is this -- should the U.S. ask for international peacekeepers to help secure Iraq? Go ahead and vote right now. Cnn.com/wolf. The results for you when we come back.

(COMMERCIAL BREAK)

BLITZER: Now here's how you're weighing in on our Web question of the day. Should the U.S. ask for international peacekeepers to help secure Iraq? Look at this, 94 percent of you say yes, 6 percent say no. As always, this is not a scientific poll.

Let's get to your e-mail. This from Martin. "The controversial Alabama monument depicting the Ten Commandments is not so much a religious symbol as it is a display of universal moral ethics, strongly needed in this country."

Paulina writes: "Judge Moore is just another demagogue and Bible merchant. If he really is in tune with his religion, then he should know his God is omnipresent. He does not need a monument to remind him of that. The courthouse is not a house of worship. It is a secular building that belongs to the state."

And Jane: "Don't expect God to continue to bless a country that finds his Ten Commandments offensive."

A reminder. We're on twice a day always Monday through Friday, 5:00 p.m. Eastern, on WOLF BLITZER REPORTS, noon Eastern as well. This Sunday I'll see you on "LATE EDITION," the last word in Sunday talk. Among my guests, the Democratic presidential candidate Howard Dean. Until then, thanks very much for joining us. I'm Wolf Blitzer in Washington. "LOU DOBBS TONIGHT" starts right now.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Soldiers Killed in Iraq; U.S. Military Engaged in Fighting in Afghanistan>


Aired September 2, 2003 - 17:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN ANCHOR: Death row denied, at this hour more than 100 inmates in America have new reason to believe they'll escape the death penalty. Stand by for hard news on WOLF BLITZER REPORTS.
(BEGIN VIDEOTAPE)

BLITZER (voice-over): Terror in Iraq, four car bombings in four weeks.

PAUL BREMER, U.S. ADMINISTRATOR IN IRAQ: We will stop them. We shall combat them and we shall overcome them.

BLITZER: But, as U.S. casualties mount is it time for Iraqis to look out for themselves?

AHMED CHALABI, IRAQI NATIONAL CONGRESS: We want to move forward to take care of security.

BLITZER: Bank robber or hostage who rigged the bomb that took his life? Baffled investigators are asking for help.

UNIDENTIFIED MALE: Someone may have or may recognize the instrument, the metal, the locking material that's used to secure it to the neck.

BLITZER: One murdered a playmate when he was 12. One sold out his country to an ally. Are they paying too high a price?

The case against Scott Peterson, you were supposed to hear it next week. We'll tell you why you won't.

(END VIDEOTAPE)

ANNOUNCER: CNN live this hour, WOLF BLITZER REPORTS, live from the nation's capital with correspondents from around the world. WOLF BLITZER REPORTS starts now.

BLITZER: It's Tuesday, September 02, 2003. Hello from Washington, I'm Wolf Blitzer reporting.

(BREAKING NEWS)

BLITZER: And, we begin with breaking news. A sweeping ruling from the Ninth Circuit Court of Appeals, the justices are overturning about 100 death sentences in three western states, a huge potential setback for the death penalty.

Our national correspondent Frank Buckley is in Los Angeles. He's joining us now live with details. Frank, tell us all about it.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Well, Wolf, the ruling means that at least 89 people on Arizona's death row and others on death row in Idaho, that's 17 people, five people on death row in Montana, will have their death sentences commuted to sentences of life in prison.

This decision comes from the Ninth Circuit Court of Appeals. It follows a decision last year by the U.S. Supreme Court that said juries, not judges, should sentence people to death.

A question that remained open was whether the new rules could apply retroactively to inmates who were awaiting their executions. The three states where the ruling will have an immediate impact Arizona, Idaho, and Montana are within the Ninth Circuit.

Two other states also allowed judges to impose death sentences. They are Nebraska and Colorado but they are covered by other federal appeals courts that have not yet ruled on this question of retroactivity.

This ruling comes in the murder of Brenna Bailey who was a delinquent accounts investigator. She was killed in 1981. Warren Summerlin was convicted of her death and is on Arizona's death row but, because of this ruling, his death sentence is now life in prison. Legal experts say it's very likely that today's ruling will be appealed -- Wolf.

BLITZER: All right, Frank Buckley thanks very much for that information.

Let's get a little bit more on this potentially extremely significant story. I'm joined now by Ken Murray of the Federal Public Defender's Office in Phoenix.

What do you make, first of all, Mr. Murray, of this decision?

KEN MURRAY, FEDERAL PUBLIC DEFENDER'S OFFICE: Well, thanks for having me on first. What we make of the decision is that the Ninth Circuit saw that the right to a jury trial was the most fundamental basic right to our criminal justice system that, especially in capital cases, could not be allowed to be extinguished by a statute or any other procedures that were involved.

BLITZER: So, what happens next? There are suggestions that this decision will be appealed.

MURRAY: Well, I don't know. I can't speak for the state whether they will appeal it. I'm sure it's a very lengthy opinion and that everybody would have to look at it in detail before making such a decision but there's a very good likelihood that it could be appealed and, if so, then we will be prepared to defend the position of the Ninth Circuit. BLITZER: You have had a chance to review the decision by this Court of Appeal. What was their main concern why these defendants needed a jury to convict them as opposed to just letting a judge do it?

MURRAY: Well, I'm not sure that there is a single main concern but overall what they seem to be saying is that the right to a jury trial is fundamental to our system and they went through lengthy analysis of different legal technical aspects.

But, in the end, I think what they just said is it's so important that, especially in capital cases, we can't let somebody be executed without them having the right to a jury trial because it would enhance the accuracy and it will reflect the community values and their moral values and views on the death penalty as they evolve so they thought that was very important.

BLITZER: Ken Murray of the Federal Public Defender's Office in Phoenix thanks very much for that analysis.

And this note to our viewers, we'll hear from the other side in the case tonight when the Arizona Attorney General Terry Goddard joins Paula Zahn on "LIVE FROM THE HEADLINES." That's at 8:00 p.m. Eastern, 5:00 Pacific, only here on CNN.

Now to terror in Iraq, there doesn't seem to be an end in sight. There also doesn't seem to be an end in sight to the U.S. casualty count. It climbed once again today.

The U.S. military announced the deaths of three more soldiers. One was killed in a so-called non-hostile helicopter crash. The others died yesterday in clearly hostile action when an explosion ripped through their convoy. Meantime, Iraqis bore the brunt of the latest terror bombing.

CNN's Rym Brahimi reports from Baghdad.

(BEGIN VIDEOTAPE)

RYM BRAHIMI, CNN CORRESPONDENT (voice-over): The fourth car bomb in Iraq in four weeks, the target this time a police station, the casualties at least one person killed and, according to a hospital that took in the wounded, at least 18 people injured.

UNIDENTIFIED MALE (through translator): Flying debris, glass, iron everything flying. It was a big explosion.

BRAHIMI: Having heard of the explosion this woman came frantically looking for her son who works there. The police said a thick wall between the building and the car park where the bomb went off prevented this latest attack from doing more damage. The bomb exploded in the morning on a day when former Iraqi policemen come to collect their salaries and look for jobs with the new Iraqi police force.

UNIDENTIFIED MALE (through translator): Those targeted were the police and, in general, the police came not to serve a certain person but the country. They're not serving the Americans or a certain group or a party. They're serving Iraq.

BRAHIMI (on camera): In a country where unemployment is high, getting trained as a policemen is a job but policemen have been threatened by militants but they're calling on Iraqis to kill them as so-called collaborators saying they're traitors for working with coalition forces.

(voice-over): Speaking to reporters, the U.S. Administrator in Iraq Paul Bremer said the coalition would continue to fight terrorists in Iraq with the help, he said, of the Iraqi people.

BREMER: As twice before in the past month the terrorists have taken innocent lives. Once again the terrorists have shown they will stop at nothing in the pursuit of their aims but they shall be stopped. We will stop them. We shall combat them and we shall overcome them.

BRAHIMI: This latest car bomb comes only four days after two simultaneous car bombs killed at least 83 people in the holy city of Najaf.

Rym Brahimi, CNN, Baghdad.

(END VIDEOTAPE)

BLITZER: In a tremendous outpouring of grief literally hundreds of thousands of Shiite Muslims converged on their holy city to mourn a senior cleric killed in last week's bloody terror attack.

CNN's Ben Wedeman reports from Najaf.

(BEGIN VIDEOTAPE)

BEN WEDEMAN, CNN CORRESPONDENT (voice-over): They beat their chests in grief and anger chanting their loyalty to a leader blown apart in last Friday's massive car bombing.

The followers of Ayatollah Mohammed Baqir al-Hakim descended upon the holy city of Najaf from all over Shiite Iraq for this massive funeral march, their pain made graphically clear as they ritually (unintelligible) themselves, an ancient Shiite custom symbolizing a deep respect for those who have given their lives for the cause of Islam, a custom strictly forbidden by Saddam Hussein's regime which brutally oppressed the Shiites.

While many here blame the U.S.-led coalition for failing to stabilize post-war Iraq many also accuse remnants of the old regime for the bombing.

"We believe that Ba'athists and foreign hands were behind this attack" says this Hakim follower, an opinion shared by the current head of the coalition appointed governing council.

CHALABI: I am sure the trail leads back to Saddam and the remnants of his party and their new allies, the foreigners who come from across the border in the neighboring countries.

WEDEMAN: Despite the massive crowd, this was a symbolic funeral. There is no body to bury. No remains of the assassinated ayatollah have yet to be identified only his ring, his wristwatch and his turban have been found.

Despite the shock of the bombing, the Shiites of Iraq seem determined to exercise their new found power, overcoming a legacy of oppression and alienation.

(on camera): In the days of Saddam Hussein, such manifestations of Shiite identity would have been unthinkable. Now, at a time of Shiite resurgence, such manifestations seem unstoppable.

Ben Wedeman CNN, Najaf, Southern Iraq.

(END VIDEOTAPE)

BLITZER: Iraq isn't the only place where American forces have their hands full. American soldiers continue to be killed in Afghanistan almost two years after the U.S. invasion aimed at overthrowing the Taliban and capturing Osama bin Laden.

Our senior Pentagon correspondent Jamie McIntyre is joining us now live from the Pentagon with the latest on this hot spot -- Jamie.

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT: Well, Wolf, for the last two weeks the U.S. military, along with its Afghan allies, has been engaged in some pretty tough fighting in the rugged mountains in southern and southeastern Afghanistan.

In fact, just this past Sunday, two soldiers from the 10th Mountain Division died during a firefight with suspected Taliban fighters. Two other U.S. troops have also died in accidents since Friday, one from a fast roping incident and another from a vehicle accident.

The current operation is called Mountain Viper. It's aimed at rooting out several hundred Taliban fighters who have regrouped in the border area near -- between Afghanistan and Pakistan. They've been attacking Afghan forces in the area.

The United States has moved some troops in. It won't say how many but it says as many as 67 enemy fighters have been killed in a series of operations in which U.S. warplanes have also been called in to provide close air support.

This is the area, by the way, where Osama bin Laden is believed to be and, also possibly, Mullah Omar, the leader of the Taliban but Pentagon sources say these operations are not based on any specific location or specific information about their locations. At last report the United States have overrun three Taliban positions in the mountain and are said to have some fighters trapped in a cave -- Wolf.

BLITZER: Jamie McIntyre at the Pentagon thanks very much, Jamie, for that. He hasn't been seen in public since 1987 when he began serving a life sentence for passing U.S. secrets to Israel but former intelligence analyst Jonathan J. Pollard appeared in a Washington courtroom just a couple hours ago seeking ultimately his freedom.

Let's turn to our National Security Correspondent David Ensor who was there inside the courtroom. Tell us what happened, David.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Wolf, lawyers for Jonathan Pollard pleaded with the judge to allow them access to a top secret memo written at the time the convicted spy for Israel was sentenced to life imprisonment and they argued that Pollard's lawyers back then made a "horrible mistake" by not appealing the life sentence. The sentence was too long for spying for an ally, they said, and the defendant's lawyers were not competent.

Looking pale, Pollard watched. He was wearing a green prison jumpsuit and on his head a white and gold yarmulke. His lawyers are hoping to get Pollard's sentence reduced or to get a pardon from President Bush and they're asking for the court to help gather information for that effort.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The Jonathan Pollard case is a stain on the American legal system and until we get the facts developed, until we get to the truth that stain will not go away. Jonathan Pollard was deprived of an effective assistance of counsel. He was deprived of a fundamental constitutional right.

(END VIDEO CLIP)

ENSOR: Now, lawyers for the U.S. government argued against Pollard's petitions on legal and procedural grounds and said his lawyers 18 years ago did an excellent job but lost anyway. They declined to speak to reporters after the hearing but national security experts do argue that some of the secrets Pollard gave Israel may have ended up in Soviet hands. They say the damage Pollard did to this country was very serious.

Chief Judge Thomas Hogan asked some pointed questions of both sides today in the courtroom but especially of Pollard's lawyers. He gave no indication of how he'll rule or when. He said he'll review the record carefully first -- Wolf.

BLITZER: All right, we'll be watching that very closely. Thanks for that good report, David Ensor.

And here's your chance to weigh in on this story. Our web question of the day is this: "Should convicted spy Jonathan Pollard receive a reduced sentence?" You can vote right now at cnn.com/wolf. We'll have the results later in this broadcast.

And, we'll also hear from a U.S. Congressman and a former Pentagon intelligence analyst who are at odds over Pollard's fate. Also, while you're online send me your comments. I'll try to read some of them on the air each day at the end of this program and that's also, of course, where you can read my daily online column, cnn.com/wolf.

A strange display and an appeal for help, what investigators are finding out from these devices on a pizza delivery man before his death in a bomb blast and what they say they need to solve the case.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If you can hear me over there, stand by. We'll be on our way with an emergency crew just shortly. Stand by.

(END VIDEO CLIP)

BLITZER: A dramatic scene in Indiana, find out what happened when rescuers tried to pull a stranded motorist from raging floodwaters.

And, the first person to be executed for anti-abortion violence in the United States, he likely has just one day left. Is he repentant?

(BEGIN VIDEO CLIP)

PAUL HILL, CONVICTED MURDERER: People might say, might question me and say well would you do it again and if I were put in similar circumstances...

(END VIDEO CLIP)

BLITZER: Find out what Paul Hill says of his crime and his sentence. That's just ahead.

(COMMERCIAL BREAK)

BLITZER: How might Kobe Bryant's attorneys go after his accuser, coming up, the latest legal move that could provide the answer?

(COMMERCIAL BREAK)

BLITZER: Torrential rainstorms triggered deadly flooding in parts of Indiana over Labor Day. A resident of Indianapolis summed up the feelings of many when he said: "We're not afraid we're just astonished." A record 7.2 inches of rain fell on the city yesterday.

At one point in Indianapolis, rescue teams worked frantically to try to save a motorist who was swept away while attempting to cross a swollen creek, Roger Harvey of our affiliate WTHR reports.

(BEGIN VIDEOTAPE)

ROGER HARVEY, WTHR CORRESPONDENT (voice-over): Here in the darkness if you look closely you can see the person in need of help, a dome light inside of what appears to be a pickup truck served as a beacon for rescuers.

UNIDENTIFIED MALE: If you can hear me over there stand by. We'll be on our way with an emergency crew just shortly. Stand by.

HARVEY: The victim waved a sun reflector in an effort to guide emergency crews through the fast-moving current.

UNIDENTIFIED MALE: Fire department's here hold on.

HARVEY: A firefighter connected to a safety line tried to get to the victim but, within minutes, the rescuer came back. Then crews used boats and even a jet ski to find the motorist. The water moved too fast. They couldn't find the victim. In the daylight it's clear what the biggest challenge is to emergency crews.

SGT. TERRY HALL, IPD DIVE TEAM: The current is moving so fast that it could actually snap a person's leg if it got him in between a tree. This current is the type of current that takes kayakers and puts their kayak against a tree and actually bends it in half.

HARVEY: And to further complicate the search the dive teams needs to make their way back behind these trees where two river channels meet.

SCOTT MCDANIEL, INDIANA CONSERVATION OFFICER: Based upon the fact that the area that we want to search is basically in that wooded line we're just experiencing some logistical difficulties trying to get there now.

(END VIDEOTAPE)

BLITZER: That was Roger Harvey of our affiliate WTHR reporting.

In Kansas, meanwhile, the bodies of two people missing in flash floods have been found. One of the victims was with her husband and four children Saturday when their vehicle was swept off an interstate. The children, all under the age of ten, were killed. The husband survived. Another victim was a man from Texas.

The man who tried to kill President Reagan back in court today, we'll tell you what John Hinckley asked for and the judge's response. That's just ahead.

Kobe Bryant's attorneys want something too and it may have a big impact on his case, we'll tell you what that is.

And, when will we start to see movement in the Laci Peterson case? There's a new development on that and some controversial remarks from Laci's mother-in-law, those stories just ahead.

First, let's check some stories making headlines around the world.

(BEGIN VIDEOTAPE)

BLITZER (voice-over): Terrorism trial, a court in Indonesia convicted radical Muslim cleric Abu Bakar Bashir of inciting others to overthrow the country. He was sentenced to four years in prison; however, the court acquitted Bashir of leading a terror group linked to al Qaeda.

Milosevic rejected. A U.N. war crimes tribunal denied a request by former Yugoslav President Slobodan Milosevic to be released from detention for two years to prepare his defense. Milosevic is on trial in the Netherlands on charges of carrying out crimes against humanity in the Balkans in the 1990s.

France burns, three firefighters have been killed in raging forest fires near the Riviera resort of San Tropez. Two thousand firefighters are battling the latest forest fire to hit France's southern coast this summer.

Headed for earth, American astronomers warn that a giant asteroid could hit earth in the year 2014 but don't run for the hills just yet. The chances of a catastrophic collision are just one in 999,000.

Epic climb, an American paraplegic is attempting to climb Mt. Fugi, Japan's highest mountain. Keegan Riley (ph) is pulling himself up the slopes using a custom made device resembling a mountain bike. He hopes to reach the summit Thursday. The 22-year-old lost the use of both legs in a car accident seven years ago.

Taking it off, the new movie "Calendar Girls" premiered in London amid a lot of buzz that it's a surefire box office hit. It's based on members of the British women's group who notoriously strip for a charity calendar, and that's our look around the world.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

BLITZER: Welcome back. In Florida, a former minister who killed an abortion provider and a security escort scheduled to be executed tomorrow but he says given the chance he'd probably do it all over again.

Paul Hill was convicted of the 1994 murders of Dr. John Britton and James Barrett. In a jailhouse interview today Hill said he doesn't feel any remorse and he expects, and I'm quoting now, "a great reward in heaven."

(BEGIN VIDEO CLIP)

HILL: Right prior to my -- them putting me in the cruiser, a little crowd had gathered and I spontaneously said one thing's for sure, no innocent people will be killed in that clinic today and that was the case.

(END VIDEO CLIP)

BLITZER: Hill suggested he's a martyr for the anti-abortion movement. Several Florida officials connected with the case have received threatening letters accompanied by rifle bullets. Also in Florida, defense lawyers are appealing a life sentence for a convicted killer who was just 12 years old at the time of his crime. Lionel Tate is 16 years old now. He was convicted of killing a six-year-old girl his mother was babysitting and in 2001 he was sentenced to life without parole.

Today his lawyers argued the punishment is cruel and unusual, citing what they say was Tate's immaturity at the time. There's no timeline for when the appeals court will rule.

The Erie mystery, in Erie, Pennsylvania, it's taking on a new twist.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We feel that this device was made uniquely for the incident at hand.

(END VIDEO CLIP)

BLITZER: Police show pictures of a deadly collar a bank robber said he was forced to wear just before the bomb attached to it exploded. Will it help them solve the case?

Kobe Bryant's lawyers subpoena some records, what does it tell us about their defense strategy? We'll talk with a legal expert.

And, he says the United States is going in the wrong direction, what are his ideas about a new direction for America?

(COMMERCIAL BREAK)

BLITZER: A change in the case against Scott Peterson, that story coming up on WOLF BLITZER REPORTS.

(COMMERCIAL BREAK)

BLITZER: Welcome back to CNN. In just a moment new information about the deadly collar in Erie, Pennsylvania; first though, let's take a look at the latest headlines.

(NEWSBREAK)

BLITZER: Investigators in Pennsylvania are struggling to come up with answers in a bizarre bank robbery bombing case. A pizza delivery man was killed Thursday by a bomb attached to his neck after he held up a bank in Erie. The FBI today released pictures of the collar used to secure the bomb to the man's neck.

CNN's Mike Brooks has more.

(BEGIN VIDEOTAPE)

MIKE BROOKS, CNN CORRESPONDENT (voice-over): The lock that held a deadly bomb around the neck of pizza man turned bank robber Brian Wells was homemade, the FBI says. Handcrafted for this purpose alone. BOB RUDGE, FBI: As far as the locking mechanism, it was unique and it was sophisticated.

BROOKS: The FBI showed the public this picture.

RUDGE: And you can see a sequence of four locks and also a dial combination lock above.

BROOKS: The locking collar had been sent to the FBI's lab in Quantico, Virginia.

RUDGE: Part of the testing that is ongoing will be certainly for fingerprints.

BROOKS: The handwritten note Wells gave the bank teller is also at the lab.

RUDGE: Being examined for hairs, fibers, fingerprints, handwriting and every test that you can imagine.

BROOKS: All to answer this one question -- Did Brian Wells act alone or was he indeed the pawn of an unknown mastermind behind this robbery and his death in the bomb blast?

Investigators still do not know what to make of the curious death of pizza co-worker Robert Pinetti this weekend. They said an autopsy did find evidence of methadone and a valium-type drug.

BRADLEY FOULK, DISTRICT ATTORNEY: In combination, those types of drugs could lead to respiratory depression, which could result in an accidental or intentional drug overdose.

BROOKS: So is there someone else, a Machiavellian mind, still out there unseen and uncaught?

RUDGE: Well, you know, we really don't know the answer to that. All what we can do is address the matter at hand and pursue it as vigorously as we humanly can. And that's what we are doing.

(END VIDEOTAPE)

BROOKS: Law enforcement sources tell CNN that the improvised explosive device around Wells' neck was, in fact, a pipe bomb that was not very sophisticated -- Wolf.

BLITZER: Mike Brooks reporting from the CNN Center in Atlanta. Thanks, Mike, very much.

And joining us live on the phone from Erie, Pennsylvania is Reme (p) -- Renee, excuse me, DeCamillo, a reporter for WJET. She was on hand when the bomb exploded and killed Brian Wells.

Renee, once again, thanks for joining us. What else are you hearing from your sources out there on the scene about this investigation? RENEE DECAMILLO, WJET-TV REPORTER: Well, today there was a second news conference, and they released information about Wells' autopsy. They did say that the wound to his chest was about the size of a postcard. It was a superficial wound. So it wasn't very deep. There was blunt force to his heart and lungs. So the bomb itself wasn't very forceful, but, again, it was enough to kill him.

BLITZER: And what about the connection with the death of this other delivery pizza man? What, if anything, -- what other connection possibly could there be?

DECAMILLO: Well, they are saying that there is no way to link Panetti yet to this bomb. There could just still be someone out there.

Panetti's autopsy results were released. They say he may -- preliminary autopsy reports say he may have overdosed. There was methadone and a Valium type drug found in his system.

BLITZER: It looks like this collar was very, very unique and Mike Brooks telling me earlier in the day he'd never seen anything like this before. Are investigators on the scene saying that they have evidence, they've seen this kind of collar used in other crimes?

DECAMILLO: No. They say they have never seen anything like this before. It wrapped around his neck. So they say this was specifically made for this incident. It had four key locks and a combination lock. So, I mean, this person, whoever did this, whether it was Wells, Panetti or someone still out there, seems like, you know, that he meant business.

BLITZER: Is it their sense that this collar, that it was -- are they leaning towards the notion this was some sort of suicide or are they leaning towards the notion this was murder, this was homicide?

DECAMILLO: Well, they are investigating it as a homicide. But that's the extent that they will tell us at this time. Again, they still think that someone could still be out there. They are still searching the avenue that Wells acted alone, perhaps he had something to do with it or maybe he was a complete victim in this, possibly abducted and held hostage.

BLITZER: Finally, Renee, how are people in Erie and the area reacting to all of this?

DECAMILLO: Well, people are shocked. I talked to people on the street and they said, what if this person is still out there? It's a scary feeling. Erie is not a big town.

BLITZER: Erie's not a big town at all. I know it quite well, having grown up not far away in Buffalo, New York. Renee DeCamillo of our affiliate, thanks very much -- WJET. Once again joining us from Erie.

Do Kobe Bryant's lawyers plan to turn the tables on the woman accusing the basketball star of sexual assault? Court documents give us a glimpse of their possible -- repeat -- possible, strategy.

And Scott Peterson gets what he wants in a California courtroom today. But his parents are still upset. We'll tell you why.

And does this convicted spy deserve to get out of prison or spend the rest of his life there? We'll hear two very different assessments.

Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back. More now on the Jonathan Pollard spy case. He's the former U.S. intelligence analyst who was convicted of spying for Israel. In 1987, he was sentenced to life in prison.

Pollard was back in a federal courtroom today, trying to get his case reopened and his sentence reduced. This note: I interviewed Jonathan Pollard twice in 1986 at the federal penitentiary in Petersburg, Virginia, while he was awaiting his sentence. I also interviewed all the key U.S. and Israeli officials involved in this case in 1989. I wrote a book called "Territory of Lies" on the case.

Now, many years later, there are still so many unanswered questions. Does Jonathan Pollard's punishment, for example, fit the crime? He passed America's secrets to one of America's closest allies, but some say the damage was greater than that. Should Pollard go free or should he spend the rest of his life in prison?

Joining me now, two guests, Congressman Anthony Weiner of New York, a member of the House Judiciary Committee, and retired U.S. Army Colonel Pat Lang, a former chief Middle East analyst over at the Pentagon's Defense Intelligence Agency. He worked at the Pentagon when Pollard worked for the Navy as well. Thanks to both of you for joining us. Congressman, why do you believe Pollard should be released after 18 years?

REP. ANTHONY WEINER (D-NY), JUDICIARY COMMITTEE: Well, Pollard committed a serious crime. There's no doubt about it. But in many ways he's also been the victim. He's been the victim of bad lawyering. He had a lawyer who didn't even go through the trouble of filing a one-page appeal that he should have filed. He's a victim of bad faith on the part of the government. Government offered him a plea bargain, said we're not going to ask for life imprisonment, and then essentially changed their mind at the last minute. And finally, he's the victim of bad timing. I mean, frankly, getting caught up in the year of the spy, which is what they called the year that he was caught, because there were so many spies caught on behalf of Russia. He got caught up clearly.

And he also got -- he's caught up now in the embers of the scandal around Bill Clinton's pardons. The bottom line is, no one has ever served 18 years in prison for the crime that he pleaded guilty to. No one.

BLITZER: Let me let Pat Lang weigh in. The intelligence community, they hate this guy, they think he committed treason, he should rot in prison the rest of his life. Why are they so angry at him?

COL. PATRICK LANG (RET.), U.S. ARMY: Well, in part what the congressman says is right. I mean, there was a really bad patch there in which a number of people, Walker and these other people, were unmasked and people were very, very upset about this kind of thing. And in addition, it was also the fact that the Israeli government at the time was in liaison, intelligence liaison with the major American intelligence agencies and were being very well taken care of. And people were extremely upset and angered over the fact that that wasn't good enough, that in fact they had to go and root around in our backyard, using one of our own citizens to try to get whatever it was that they weren't being given. And that upset people.

BLITZER: That's a fair point, because the Reagan administration at that time was very pro-Israel, very supportive of Israel, and yet the Israeli government at that time had this espionage ring here in Washington.

WEINER: That is fair. It was a serious crime. Some of it, as you point out in your book, was guided by Pollard's misguided ideology about what Israel should or should not have access to.

BLITZER: He did take money from the Israelis, as well.

WEINER: That's exactly. He took about $50,000. By the standards of some of these cases, it wasn't a huge amount. It is fair enough. The question is, is 18 years enough? When you consider that he pleaded guilty to one count of conspiracy to commit espionage, which generally gets if you look at the history of these cases, in the neighborhood of five years, sometimes as much as 10 years tops. The fact that they offered him a plea bargain in exchange for cooperation, and the government broke that plea bargain. It's a question of fairness, not whether he (UNINTELLIGIBLE).

BLITZER: Pat, you want to weight in?

LANG: Well, the thing about the money I think is of no real importance. I have to say that in ordinary circumstances, in espionage operations, the operating agency always tries to get their agents to take money to establish an employer/employee relationship. This is a normal thing. So I'm sure they pressed him to take money, and he was foolish enough to do that, which corrupts his position in many ways, which is what they always had in mind.

BLITZER: But you blame the Israeli government in this case, Pat, more than you blame even Jonathan Pollard.

LANG: I certainly do. In fact, when you look at the way he was handled, in that they sent him in as kind of errand boy to bring out particular documents by title and serial number, and that kind of thing, he clearly was a kind of pawn in this. And as many espionage agents are, in fact, kind of neurotic and weak personality.

BLITZER: Congressman, you know that U.S. officials still don't believe the Israeli government has come clean. They want the Israelis to make available to them those Israeli handlers who ran Pollard. They want the documents, the actual documents back, and they say if the Israelis were willing to do that, that could help Pollard. But the Israelis aren't willing to do that.

WEINER: Well, it isn't clear what kind of conversations have gone on between President Clinton and then Prime Minister Netanyahu at Wye River and other things where this has come up. One thing is clear, is that Jonathan Pollard is quite literally caught in the middle here. He is not someone that I think anyone believes still poses a threat to anyone.

BLITZER: Well, there are people who believe he still has sensitive information in his head which could compromise U.S. security.

WEINER: Well, you know, it's interesting, you know, government sources have said alternatively, well, we can't give the documents that he wants to see to his lawyers because they are so old there's no need to have them. Then they say he might have this encyclopedic knowledge of all of these things. Let's just say that a lot of the information he has, and I'm one of the people that's been able to see it, and I'm quite positive...

BLITZER: Have you read the Weinberger affidavit?

WEINER: I have seen the documents that have been ...

(CROSSTALK)

BLITZER: The Weinberger affidavit, have you read that?

WEINER: Yes.

BLITZER: And you say what when you...

WEINER: I'm not going to characterize the document in the redacted portion. I will characterize the part that...

BLITZER: Did you read the redacted or the original?

WEINER: Yes, I read the redacted version.

BLITZER: Well, the redacted I read too, because that's in my book. The question is, whether there's something that...

WEINER: No, no, I'm saying there's a portion that was redacted. I've read both, the parts that are public and is not. And what I will say is this: The part that is public, the Pollard Caspar Weinberger accuses -- accuses Pollard of treason, which is something prosecutors never did. When he says in the year of the spy, this was the worst case. Clearly it wasn't the case. This was a mischaracterization on the part of Weinberger that clearly swayed the court to throw out a plea bargain.

BLITZER: Pat -- let me get Pat the last word. LANG: Well, I think, you know, that this man has spent 18 years in prison for this crime. And he's clearly a broken person. You look at him on television. You know, I think that he doesn't deserve clemency, but personally, I'd just as soon see him released to go finish his days in Israel, where he wants to be. For the Israelis to want him back, I find amazing, because in fact, you know, look at what they are admitting about the fact that they ran an operation against us. Not just for stuff on the Middle East, but for stuff that -- on the Soviet Union and places like that as well. You know, this is a serious matter. But you know, the quality of mercy is not strained.

BLITZER: All right. We'll see what happens. George Tenet, as you both know, threatened to resign if Bill Clinton were going to release Jonathan Pollard.

WEINER: Not to be too cheap about it, but I highly recommend people read your book to get a full picture of this case.

BLITZER: You don't have to promote my book. Thanks, anyhow. Thanks to both of you for joining us. Congressman, Pat Lang, always good to have you on the show.

WEINER: Thank you.

BLITZER: Once again, our Web question of the day is this -- should convicted spy Jonathan Pollard receive a reduced sentence? You can vote right now, cnn.com/wolf. We'll have the results later in this broadcast.

New developments in two of the country's most watched legal cases. A delay in the Laci Peterson murder trial. Is this a victory for the defense, the prosecution, or both?

Also, the Kobe Bryant case. Court documents indicate one possible line of defense strategy. We'll talk about both these cases with our legal experts. Stay with us.

(COMMERCIAL BREAK)

community in Denver will be more racially diverse. But on the other hand, if the case were to go to Denver, it goes to Denver with that sort of legacy. I might stay there and fight it in a town where the victim is and make use of any and all information about that victim to try to seek acquittal of my client.

BLITZER: Mitch, I'll give you the last word. What do you say?

MITCHELSON: Well, I think that the judge is going to do his best to try to hold the case where it is. If I were the state, I'd want this case tried in the county where the offense was committed.

BLITZER: All right. Mitch Mitchelson, and Pam Bethel, thanks to both of you for joining us.

BETHEL: Thank you. BLITZER: It was the ride of a lifetime. A truck driver clinging to a stolen vehicle as it races down a Houston highway. Hear his story, in his own words. That's coming up right after this quick break.

(COMMERCIAL BREAK)

BLITZER: It was the ride of a lifetime, and one Texas truck driver doesn't ever want to do it again. He was filling up at a Houston gas station when he saw a thief stealing his truck. The driver jumped on the side platform and his terrifying adventure began.

(BEGIN VIDEOTAPE)

BOBBY MURRY, TRUCK DRIVER: All I could hear was the wind in my -- my ear, and my eyes were running water and my throat was dry, and I was angry and scared.

BLITZER (voice-over): Bobby Murry got much more than he bargained for when he tried to stop a thief from stealing his truck. Racing down Houston roads and highways at speeds up to 70 miles an hour, Murry started preparing for the worst.

MURRY: I was praying to the Lord to forgive me all my sins because I don't know what's going to happen on this trip.

BLITZER: Murry says he tried to break the window with his cell phone, hoping to stop the driver. That didn't work. And neither did reason.

MURRY: He started talking crazy, things out his head, I don't know what he was saying. But he kept asking me was the police behind him, and I kept telling him, yeah, they're behind you, they're not going to stop. They're not going to stop. So it was terrifying.

BLITZER: And about to get even more so, as the thief comes up to traffic and rams into a pickup truck. He careens off the road and comes to a stop, giving Murry a chance to escape. The chase continues, coming to a violent end a few minutes later as the truck moves to a crowded intersection and rams one vehicle, then another, and finally is wedged in.

Police move in and make their arrest. And Murry is left to explain why he just didn't jump off.

MURRY: By the time he got it fired up, I couldn't get off. We were going too fast. So it was just a ride I just had to take.

(END VIDEOTAPE)

BLITZER: It's not recommended you do this if it ever happens to you. Stay away from that kind of a situation. Police, by the way, say at least six vehicles were damaged in the chase and some of the people inside suffered minor injuries. Thank God everything turned out OK, relatively speaking. Our hot Web question of the day is this -- should the U.S. ask for international peacekeepers to help secure Iraq? Go ahead and vote right now. Cnn.com/wolf. The results for you when we come back.

(COMMERCIAL BREAK)

BLITZER: Now here's how you're weighing in on our Web question of the day. Should the U.S. ask for international peacekeepers to help secure Iraq? Look at this, 94 percent of you say yes, 6 percent say no. As always, this is not a scientific poll.

Let's get to your e-mail. This from Martin. "The controversial Alabama monument depicting the Ten Commandments is not so much a religious symbol as it is a display of universal moral ethics, strongly needed in this country."

Paulina writes: "Judge Moore is just another demagogue and Bible merchant. If he really is in tune with his religion, then he should know his God is omnipresent. He does not need a monument to remind him of that. The courthouse is not a house of worship. It is a secular building that belongs to the state."

And Jane: "Don't expect God to continue to bless a country that finds his Ten Commandments offensive."

A reminder. We're on twice a day always Monday through Friday, 5:00 p.m. Eastern, on WOLF BLITZER REPORTS, noon Eastern as well. This Sunday I'll see you on "LATE EDITION," the last word in Sunday talk. Among my guests, the Democratic presidential candidate Howard Dean. Until then, thanks very much for joining us. I'm Wolf Blitzer in Washington. "LOU DOBBS TONIGHT" starts right now.

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Soldiers Killed in Iraq; U.S. Military Engaged in Fighting in Afghanistan>