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Anderson Cooper 360 Degrees

New Details on Fetus-Stealing Case; Holiday Travelers Face Winter Worries; Was a Disguised Suicide Bomber Responsible for Mosul Massacre? How to Catch a Cheater Online

Aired December 23, 2004 - 19:00   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.


KYRA PHILLIPS, HOST: Good evening from Atlanta. I'm Kyra Phillips.
Was a woman's instinct for motherhood too strong?

360 starts right now.

A 360 exclusive, new details emerging about the life of the woman accused of killing Bobbie Jo Stinnett and snatching her baby. Could a custody battle at home have led to her alleged crime?

Winter weather wreaking havoc on holiday travelers. What you need to know before heading out the door.

The mess-hall massacre. The Pentagon points its finger to a suicide bomber wearing an Iraqi military uniform. Details on how the enemy infiltrated a U.S. base.

Do you suspect your partner is cybercheating? Tonight, how you can catch a cheater online.

And say it ain't so. No more gossip about Paris Hilton? Find out why one tabloid's columnist is saying, No mas, to the saucy socialite.

ANNOUNCER: This is ANDERSON COOPER 360.

PHILLIPS: Good evening. Anderson's off tonight.

Exactly one week ago, we first heard of the unspeakable crime Lisa Montgomery was accused of committing. Today, seven days after she allegedly stole a baby from her murdered mother's womb, Montgomery appeared for the final time in a Kansas court. Now this horrific case moves back to the state where two lives were taken.

CNN's Jonathan Freed reports.

(BEGIN VIDEOTAPE)

JONATHAN FREED, CNN CORRESPONDENT (voice-over): It took less than 15 minutes for Lisa Montgomery's case to be transferred from court in Kansas, where she was arrested, to Missouri, where she's facing the federal charge of kidnapping resulting in death. Montgomery is accused of strangling Bobbie Jo Stinnett at her home in Skidmore, Missouri, last Thursday, cutting her unborn child from her womb and taking her baby girl.

Investigators are still trying to determine a motive for the crime. They've said Montgomery claimed she had a miscarriage, but her ex-husband, Carl Bowman (ph), with whom she had four children, strongly disputes that.

CARL BOWMAN, MONTGOMERY'S EX-HUSBAND: She never was pregnant. Anything they are saying in the media that, you know, she had lost a baby within the last six months, she had a miscarriage, or she delivered, anything, is all a lie.

FREED: A week before Stinnett was killed, Bowman went to court seeking custody of two of his children. In the filing, Bowman says the two teenagers asked to live with him, adding, "The children are having difficulty with the natural mother."

DR. JOHN WISNER, FORENSIC PSYCHIATRIST: It could. It's possible.

FREED: Dr. John Wisner is a forensic psychiatrist in Kansas City. He hasn't treated Montgomery but explains that violent action could be triggered by something like a custody battle. But he adds that until you really climb inside the mind of an accused person and analyze the details of a crime, it is tougher to draw a conclusion.

WISNER: I think even if someone were very deeply disturbed, just that one thing, a petition to take over custody, wouldn't necessarily be the trigger. There doesn't always have to be a straw that breaks the camel's back.

FREED: A Kansas judge awarded Bowman temporary custody of the two children after Montgomery was charged.

(END VIDEOTAPE)

FREED: Now, Montgomery's initial court hearing in Missouri is at this point set, Kyra, for Tuesday afternoon.

PHILLIPS: Jonathan Freed, thank you very much.

And coming up in just a bit, an exclusive interview with the attorney for Lisa Montgomery's ex-husband. You'll see it here only on CNN.

For the families of those who died or were injured in Mosul, Iraq, on Tuesday, the reality of what happened is hard to bear. And after the reality sinks in of whether a loved one was killed, wounded, or narrowly escaped, comes the questions.

From Maine tonight, CNN's Alina Cho.

(BEGIN VIDEOTAPE) ALINA CHO, CNN CORRESPONDENT (voice-over): Days after the bombing in Mosul, military families are asking questions, parents like Dennis and Jayline Wing, whose 20-year-old son, Ryan, was in the mess hall and survived the attack.

JAYLINE WING, SOLDIER'S MOTHER: If they're protecting us, then they should have as much protection as possible, you know? And so that they feel secure fighting, you know, for our freedom.

CHO: Jayline Wing says Ryan knew the dining tent was unsafe. He and his buddies made a makeshift kitchen to avoid going there. He just happened to be there on that day, the same day a bombing killed 18 Americans, including two soldiers from Ryan's battalion.

Twenty-year-old Tommy Dostie was one of them. Michael Dusty is his father.

MICHAEL DOSTIE, FATHER OF FALLEN SOLDIER: We'll always wonder that, I guess, you know, what if it was a better building? We've heard all these stories, you know, they should have had it built, they should have done this, they should have done that. But we really don't know. We went into this war fast.

CHO: Others wonder how their sons will be able to trust the person standing next to them.

DENNIS WING, SOLDIER'S FATHER: You can have buildings built with concrete four feet thick, but if there's a gap in security for whatever reason...

CHO (on camera): Infiltrator.

DENNIS WING: That's right. And you -- it doesn't matter what your buildings are made out of. And that's a brand-new scare.

CHO: So this is where Jessie grew up.

(voice-over): Barbara Daniel' son Jessie is also part of Maine's 133rd Engineer Battalion. She believes National Guardsmen, like those in the 133, should not be fighting a war.

BARBARA DANIEL, SOLDIER'S MOTHER: There's not enough soldiers. Isn't that obviously why our guardsmen are there? You know, and our guard is not soldiers. Our guardmens are not soldiers, you know, they're for -- they're natural disaster people, like FEMA.

CHO: The Wings' son, Ryan, came home for Thanksgiving.

DENNIS WING: Oh, I just wanted, oh, (UNINTELLIGIBLE)...

JAYLINE WING: We're glad he's safe.

CHO: With a new mess hall on the way, they pray Ryan will be home for good by March.

Alina Cho, CNN, Augusta, Maine. (END VIDEOTAPE)

PHILLIPS: For the Pentagon, the reality of what happened raises another question that is hard to answer as well. In a troubled land, how to tell friend from foe?

Here's CNN's Kathleen Koch.

(BEGIN VIDEOTAPE)

KATHLEEN KOCH, CNN CORRESPONDENT (voice-over): The top U.S. general in the Mosul region made a surprising revelation about what the suicide bomber at Camp Marez (ph) was likely wearing.

BRIG. GEN. CARTER HAM, COMMANDER, TASK FORCE OLYMPIA IN MOSUL: What we think is likely, but certainly not certain, is that an individual in an Iraqi military uniform, possibly with a vest-worn explosive device, was inside the facility...

KOCH: A spokesman for the multinational force who says after the explosion, investigators discovered the remains of a torso wearing the uniform in the mess hall, and believe it to be the bomber. But the Lieutenant Colonel Steven Boylan (ph) insists they don't know if the bomber was actually a member of the Iraqi military, or someone who stole the uniform, got it from a deserter, or bought it on the black market.

The military also believes the bomber had help.

HAM: It is very difficult to conceive that this would be the act of a lone individual. It would seem to me reasonable to assume that this was a mission perhaps some time in the planning, days perhaps.

KOCH: There's no word yet on whether any Iraqi national guardsmen are missing, one military official explaining there's no reliable tracking system to keep count of Iraqi soldiers. And U.S. military can't yet say how many Iraqi civilians work at Camp Mare, or whether any of them were unaccounted for.

Senior Pentagon officials defend the increasing practice of hiring foreign nationals like Iraqis to do nonmilitary chores on bases. They say it improves not just the economic status of average Iraqis, but their attitude toward Americans and the push for democracy.

(END VIDEOTAPE)

KOCH: But at the same time, it does introduce risk. So the Pentagon right now is reevaluating security at every U.S. military installation in Iraq. Top brass very concerned that the effectiveness of Tuesday's attack could prompt suicide copycats, Kyra.

PHILLIPS: Kathleen Koch, live from the Pentagon. Thank you.

The thieves responsible for Northern Ireland's biggest bank heist might have trouble spending the loot. That tops our look at global stories in the unlink.

Luck of the Irish? Police say no. An expert on money laundering calls the $42 million of stolen cash toilet paper. That's because a chunk of the currency, which is produced in Northern Ireland, can only be spent there, since the rest of the world doesn't recognize it.

Kinshasa, Congo, the U.N.'s fired up. It's demanding the punishment of 78 Congolese soldiers accused of taking part in a mass rape of 119 women and girls. The rapes took place a year ago following an army mutiny. U.N. soldiers and staff are also facing allegations of sexual abuse.

Moscow, Russia, jail time on home turf. The Kremlin says the two Russian secret service agents responsible for this bomb attack in Qatar back in February will serve out their jail terms in Russia. The men assassinated a Chechan rebel leader and were sentenced to life in prison.

Havana, Cuba, President Fidel Castro puts this nasty fall two months ago behind him. He was seen today walking in public for the first time since shattering his knee.

That's tonight's unlink.

A Palestinian living on the West Bank doesn't have many opportunities for recreation. Golf courses and bowling alleys are few and far between. Which isn't to say that Palestinian leaders, in particular the late Yasser Arafat, weren't investing in such things.

CNN's Mary Snow reports.

(BEGIN VIDEOTAPE)

MARY SNOW, CNN CORRESPONDENT (voice-over): (audio interrupt) on the bowling pins and parties in this trendy New York spot was money linked to former Palestinian leader Yasser Arafat. The owner says he's shocked.

UNIDENTIFIED MALE: We don't choose to be affiliated with any political-based organization, especially one that, you know, may or may not have ties to things that we find absolutely abhorrent.

SNOW: Thomas Shannon says he's been working with his lawyer since Bloomberg News broke the story. He says he's returning $1.3 million invested in his business by a company which is part funded by the Palestine Commercial Services Company.

UNIDENTIFIED MALE: Not only do we have a lot of customers that are Jewish, we do a lot of charitable work with Jewish organizations.

SNOW: Bowman (ph) boasts of celebrity visits that include one from former New York City mayor Rudy Giuliani, who once barred Yasser Arafat from New York City's Lincoln Center.

Rachel Ehrenfeld, author of "Funding Evil: How Terrorism Is Financed and How to Stop It," says Arafat's investments are coming to light because of questions asked by donor groups.

RACHEL EHRENFELD, AUTHOR, "FUNDING EVIL": Arafat controlled the money. Arafat controlled where the money was going. He employed people in order to invest the money. And, of course, not one bank account was under his name.

SNOW: The question is, how did the money wind up in a New York bowling alley that hosts Bar Mitzvah parties? Shannon says the money came from a private investment company called Silver Haze. He says he went to school with the firm's founder.

Silver Haze declined to say whether it had invested in Bowman, but told CNN, "The Palestinian National Authority, like all governments worldwide, invests money on behalf of their people in a broad spectrum of businesses. Mischaracterizing this prices to exploit complex political sensitivities serves no one."

Our efforts to reach the Palestine Investment Fund and the Palestinian finance minister were unsuccessful. The Palestinian mission to the U.N. says it has no comment on the story.

Mary Snow, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: 360 next, the ultimate copycat. A custom-made kitty? Wait till you hear the price tag for these whiskers.

Plus, winter woes, just in time for your holiday travels. The weather outside is frightful in many parts of the country.

And a CNN exclusive, stolen from the womb. Did the accused woman fake pregnancies before? An interview you'll see only here, with her ex-husband's attorney.

But first, your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COLLINS: The old song has got it just about right. The weather outside is frightful. Snow as far south as Texas and Tennessee, motorists stranded in more than a few places. Icy roads in Mississippi, air traffic delays along the East Coast. In hard-hit Indiana, one official has found exactly the right word to describe things, mess.

More now from CNN's Sarah Dorsey.

(BEGIN VIDEOTAPE)

SARAH DORSEY, CNN CORRESPONDENT (voice-over): Let it snow, let it snow, and snow it did, bucket loads across the Midwest from a storm system causing problems as far south as Nashville and Dallas, Texas.

Some nondrivers welcomed winter's wonders, but anyone who had to get behind the wheel had a very different perspective.

Interstate 64 in Indiana was closed in several spots, leaving motorists like Michelle Bugg (ph) and her seven children stranded in their van for seven hours.

UNIDENTIFIED FEMALE: We had water and a few snacks. So, yes, they were content. So, and they -- after a while, they fell asleep, and we were able to get some sleep too.

DORSEY: The Indiana National Guard was called in to help get the stranded to shelter. Many on the roadways were stuck for hours. Some made it in on their own.

UNIDENTIFIED FEMALE: We were going to try to shoot straight through to enjoy as much as Florida as we could, and now we're in Indiana in a snowstorm. The roads are impassible. And here we are. This is our honeymoon.

DORSEY: Ice made roads treacherous in Nashville. Parts of Ohio were buried under more than two feet of snow. There were delays for holiday airline travelers across the region, waiting for airport workers to de-ice planes.

A white Christmas indeed, arriving just in time to mess up holiday travel as cars slipped and slid all over the place. At least one person found a good way to get around. May not get you there by Christmas, but this Missouri rider is getting much further than many drivers.

Sarah Dorsey, CNN, Atlanta.

(BEGIN VIDEOTAPE)

PHILLIPS: We're following several other stories tonight cross- country.

Seattle, Washington, according to the AMP, the winner in the state's disputed governor's race is Democrat Christine Gregoire. She won by just a whopping 130 votes after a hand recount. The Republican candidate had the lead in two previous recounts and could challenge the results.

Houston, Texas, two men convicted for their role in a deadly human smuggling effort. Nineteen illegal immigrants were killed when they were crammed into an unventilated tracer trailer. The men will be sentenced in March.

Hartford, Connecticut, former governor turned convicted felon, John Rowland, who resigned back in July, has pleaded guilty to a federal corruption charge. He admits accepting gifts, including home renovations, from state contractors and others. He faces prison time when he's sentenced in March.

Polk (ph) County, Florida, happy Festivus. The fake holiday featured in the TV show "Seinfeld" got a nod outside a county office. That's after a church group put up a nativity scene and opened the door for other displays. Tonight, we hear the Festivus sign is gone, but the nativity and a display honoring the religion Zoroastrianism are still there.

That's a look at stories cross-country tonight.

Well, kittens are cute and cuddly and cherished by their owners. They're mostly low cost too, if you not actually see it up for grabs for nothing at all. Unless, that is, the kitten in question is the first one ever cloned to order, in which case it will set you back as much as a Mercedes.

The story from CNN's Jason Bellini.

(BEGIN VIDEOTAPE)

JASON BELLINI, CNN CORRESPONDENT (voice-over): Little Nickey (ph) was born nine weeks ago. The company Genetic Savings and Clone claims its scientists created the first cloned pet. Little Nickey's owner, this woman, who won't disclose her name, paid $50,000 for the clone of the original Nickey. Before her 17-year-old cat died, she banked its DNA.

Genetic Savings and Clone says its advanced cloning technique transfers the donor's genetic material to a surrogate egg. Another cat gives birth to the clone.

UNIDENTIFIED FEMALE: He looks like Dana Cole (ph). His personality's extremely similar. The original Nickey knew 11 commands, and the little Nickey is already starting to learn commands, and he's only been with me for 12 days.

BELLINI: Bioethicists say the science of cloning is still experimental. Cloned animals are more prone to disease. And cloning isn't like bringing a dead pet back to life.

ART KAPLAN, CENTER FOR BIOETHICS: A cloned animal is not the reincarnation, the resurrection, of the pet that went before. It's very similar. It will look very similar. But it doesn't mean the behavior, the emotions, the personality are the same.

BELLINI: Genetic Savings and Clone says it's working on five more orders from customers who've already put down the $50,000 fee.

UNIDENTIFIED FEMALE: It is where I've decided to spend my money. And I'm very happy with that decision.

BELLINI (on camera): Genetic Savings and Clone company didn't return our calls today. The Associated Press says the company plans to create 50 cloned cats by the end of next year. In 2005, they also plan to offer dog cloning as well.

Jason Bellini, CNN, Atlanta.

(END VIDEOTAPE)

PHILLIPS: 360 next, how to catch a cheat. A look at the ways suspicious minds get the dirt.

Plus, Rudy's future. Will the fall of Bernard Kerik cost him a job in Washington?

And a little later, accused baby snatcher and murderer, her ex- husband's lawyer talks. Will her past come back to haunt her? A CNN exclusive.

(COMMERCIAL BREAK)

COLLINS: Till death do us part. For some spouses, those five words constitute a vow easily broken. Roving eyes and cheating hearts are as old as the hills.

But we live in the age of the Internet. It's easier to cheat, and easier for a spouse who is suspicious to find out.

As part of our special series on infidelity, Anderson looks at how to collect evidence online. Then he talks to two guests about other ways to dig around, and the legality of it all.

(BEGIN VIDEOTAPE)

ANDERSON COOPER, CNN (voice-over): In the movies, catching a cheating spouse often looks like this. But the reality today often looks more like this.

There are now dozens of Web sites promising to help you catch a loved one fooling around online.

JOHN LASAGE, CATCHCHEATERS.COM: I created the Web site after my wife left the country for someone she met on the Internet.

COOPER: John Lasage sells software that can record every keystroke typed on a computer.

LASAGE: Yes, you install it, and it runs in a stealth mode. So it's very difficult to find out that it's on the machine. And then when you're ready, you type in a password, and it pops up everything they did.

COOPER: The software is cheap and easy to find. Web sites have names like CatchCheaters.com and CheatingHusbands.com.

Some concerned spouses resort to hidden cameras or recording calls. There are even GPS trackers that can be placed on cars. Online monitoring technology was originally created to help parents track their children's Internet use, but tracking cheaters is increasingly popular.

LASAGE: It is sad that you would have to monitor your spouse, but in some cases, it must be done.

COOPER: Lawyers and counselors say that online affairs are now one of the leading causes of divorce, and the best way to track it may be to go online yourself. (on camera): And when doing it yourself isn't enough, you can always call a private (UNINTELLIGIBLE), investigator, Jeanne Holloway, who tracks down cheaters for a living. She joins us from Houston. And we're joined here by Court TV anchor Lisa Bloom with her thoughts on catching a cheat and the question that's getting a lot of you riled up, is cybersex really cheating?

Welcome to both of you.

Jeanne, let me start off with you. You offer some of this software on your own Web site. How popular is it?

JEANNE HOLLOWAY, PRIVATE INVESTIGATOR: It is very popular, Anderson. Thanks for having me. We have found that there has been a increased number of sales for this computer spy program, and it's very beneficial to us in our investigative work.

COOPER: All right, now, Lisa, is, I mean, is this legal, for a spouse to basically spy on their spouse?

LISA BLOOM, COURT TV ANCHOR: Well, of course the law varies from state to state, the safe answer. But generally it is. If you're doing something within your own marriage, you're bugging your own computer, you're putting a GPS on your own car, generally you're OK. If you're going into your divorced partner's home, you're trespassing, then you're on shaky legal ground. But I think what she's doing, for the most part, is fine.

COOPER: Jeanne, what's best way you have found to track down, you know, infidelities? I mean, is it, I understand you even have people rout through people's garbage.

HOLLOWAY: Oh, yes, that's very popular these days. The garbage collection that we do provides us with leads, especially if you have a spouse that has gone out of town for the weekend. It leaves the other spouse at home, and of course they try and discard everything, so we go through the trash (UNINTELLIGIBLE)...

COOPER: What else? Cell phone records, I guess, credit cards?

HOLLOWAY: Cell phone, exactly. Exactly. Even drug use, sex paraphernalia. It's amazing what we can find.

COOPER: Lisa, routing through garbage, that's OK? It's all?

BLOOM: There's got to be a certain humiliation factor here, right? I mean, you're going through your spouse's garbage. You got to ask yourself about the level of trust and respect in your own relationship. What the heck are you doing when you're digging through the garbage?

COOPER: I mean, I know in a lot of courts now, I mean, there are no-fault divorces, doesn't matter whether or not you were carrying on an affair...

BLOOM: Well, that's right... COOPER: ... but, but online cheating, I mean, do some courts consider it cheating?

BLOOM: For the most part, it's not going to help you in court. You're not going to get more money in a divorce settlement. Things are going to be split up 50-50, for the most part. Child custody isn't going to be affected. So you're really just doing this for your own peace of mind, or lack thereof.

COOPER: Jeanne, when clients come to you, I mean, what are signs that they say and that you tell them they should look for, for someone who may be cheating?

HOLLOWAY: Well, there's lying, there's uncountable time, there's mood swings, there's a change in their physical appearance, changing financial status. Some of them revert back to their youth.

COOPER: It's, it's, it's, it's, I mean, I guess it's sad that it's come to this. Jeanne, do you get depressed, I mean, in the work you do? Do you distrust people?

HOLLOWAY: Absolutely not. This is reality. There is cheating 24/7/365. And it just secures my job, and my job (UNINTELLIGIBLE) investigations. We're here. We're going to stay.

COOPER: Has the law caught up with all the ways there are to cheat? I mean, are, do you, do, you know...

BLOOM: Well, you know, it's a good question. The law looks at a reasonable expectation of privacy. You can go through garbage because we don't expect any privacy in our garbage.

But, you know, I wonder, Jeanne, if I may ask you, do you tell people, Look, what are you doing spending all this money looking for your cheating spouse? If you're suspicious, they probably are cheating. Why don't you just move on?

HOLLOWAY: Well, because it not only provides proof that some courts will recognize in situations, depending on which state. Sometimes it's not always split 50-50. Sometimes if you can prove infidelity, the adultery, then the assets are split up, like, 75-25, instead of just 50-50.

COOPER: Jeanne, have you been on a case where a spouse thought their loved one was cheating and it turns out they weren't? Or are they pretty much always right?

HOLLOWAY: No, we have. And that, that is one thing, one reward of our job. We would love to be able to go back to all of our clients and say, I'm sorry, but your spouse is not cheating. We have followed him for days. We've checked out the computer spy programs. And there's nothing that they're doing wrong. But unfortunately we can't.

BLOOM: But Anderson, there's also people who go the other way. Look at Clara Harris in Texas, who ended up running over her husband, who she found out was cheating from a private investigator. Some people completely snap and lose it, and there's actually violence as a result.

COOPER: Yes, certainly is. All right, it's fascinating discussion. Lisa Bloom, thanks very much. Jeanne Holloway, thanks very much.

HOLLOWAY: Thank you, Anderson.

(END VIDEOTAPE)

PHILLIPS: A 360 exclusive, new details emerging about the life of the woman accused of killing Bobbie Jo Stinnett and snatching her baby. Could a custody battle at home have led to her alleged crime?

And say it ain't so. No more gossip about Paris Hilton? Find out why one tabloid columnist is saying, No mas, to the saucy socialite.

360 continues.

(COMMERCIAL BREAK)

KYRA PHILLIPS, CNN ANCHOR: Did a custody battle for her own kids lead the accused fetus snatcher to commit her heinous crime?

(COMMERCIAL BREAK)

PHILLIPS: In the next half-hour, 360, a CNN exclusive. The accused baby snatcher. Did she fake a pregnancy in the past? We'll talk to her ex-husband's lawyer. Plus Rudy Giuliani, he lobbied for Bernard Kerik to become homeland security chief. Now that Kerik has fallen from grace, will Giuliani face the same fate in "Raw Politics"? First, let's check "The Reset."

It will be a very wet and icy and dangerous Christmas for many people. Today a huge storm pounded parts of the Midwest and South. The weather is being blamed for at least 12 traffic related fatalities. Ice and snow is creating a nightmare for holiday travelers and last minute shoppers.

Off limits for airport pat-downs today. The Transportation Security(sic) Administration says screeners will not be allowed to pat down a passenger's breast. Why? Complaints. Hundreds of them. Mostly from female travelers.

Pledging money to Sudan. Today President Bush signed into law legislation that authorizes $200 million to help victims in the war- torn African nation. The bill provides another $100 million to provide incentives for peace talks.

And the Pardonator gives a trio of inmates getting free pass. Today California Governor Arnold Schwarzenegger pardoned three men convicted of drug crimes. They are the first unconditional releases issued by a California governor in nearly six years. That's a look at tonight's "Reset."

Before Lisa Montgomery allegedly stole a baby from another woman's womb, police say she told a lot of people that she was pregnant. That's strange to us but not to her ex-husband. Carl Boman, who was with Lisa Montgomery for a dozen years, told a TV station she faked pregnancies in the past. Joining me from Burlington, Kansas for this exclusive interview is Boman's attorney, James Campbell. Thank you for being with us, sir.

JAMES CAMPBELL, ATTORNEY: Thank you.

PHILLIPS: She faked pregnancies according to her ex-husband. Why?

CAMPBELL: He thought as much as anything it was for attention. That she was desirous of attaining attention and certainly you never know. You're speculating.

PHILLIPS: Did he feel -- did she ever say to him she wasn't getting enough attention from him? And she has four kids I understand with him. A 17 year old, 16 year old, 15 year old and 14 year old. Was she just not getting enough attention from her family?

CAMPBELL: I don't know. Certainly Mr. Boman was talking about the situations that he dealt with in the early '90s. That was his guess from my conversations with him. He certainly didn't know for sure.

PHILLIPS: How is the relationship between mom and the four kids?

CAMPBELL: The children had been with their mother up to the time of these incidents. We know little more about it than that. They have been with her for a period of time.

PHILLIPS: Was your client concerned about Lisa Montgomery's mental health?

CAMPBELL: Yes, he was. He approached me originally in the spring was when I met with Mr. Boman and at that time we talked about several issues including the custody of the children. From those discussions and other things occurred, we had filed to change custody based upon the desires of the children. My client did express to me the concerns he had about Ms. Montgomery.

PHILLIPS: What were the concerns exactly?

CAMPBELL: He didn't list them other than to say that she could be a little unstable at times and he felt it would be in the children's better interest perhaps to be with him. He wasn't willing to push that. He wanted the desires of the children; he still wants the desires of the children to be first and foremost. The main thing that he wants and is concerned with now is his children and he certainly loves his children and wants what's best for them.

PHILLIPS: Why did he get divorced from Lisa Montgomery?

CAMPBELL: There were difficulties obviously. They were divorced twice. They were married - I believe, and I don't have my notes in front of me -- but they were married once, were together a number of years and then they divorced in Oklahoma. Mr. Boman, in that divorce, was granted custody of the children. He moved to Arkansas. Ms. Montgomery came over approximately four months later. They were remarried and then about four years after that, I believe, again I may not be correct on the dates, but a number of years later they divorced a second time in New Mexico. He said the first time was because of some difficulties between he and Ms. Montgomery. Part of which was actions she had undertaken.

PHILLIPS: Was she able to have more kids? Why would she fake this pregnancy?

CAMPBELL: My client doesn't know for sure. After their last child was born, she had her tubes tied when they were in California and he was aware of that and knew that she wasn't capable of having children then.

PHILLIPS: James Campbell. Thanks for your time today.

CAMPBELL: Thank you.

PHILLIPS: Helping us cover all angles this disturbing case in "Justice Served" tonight is our senior legal analyst Jeffrey Toobin from Miami and a defense attorney Jayne Weintraub. Thank you both for being with us. Listening to what James Campbell had to say, did he say anything that could hurt or help Lisa Montgomery? Jeffrey?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, the thing that jumped out at me was that he said that she had had a sterilization procedure. So, remember that one of the excuses, explanations, put forward for this horrendous act was that she said she had suffered a miscarriage recently and was upset about it. Well, if she had this operation, she couldn't have had a miscarriage so in a funny way, if she's going plead insanity that seems likely, that could help her because such an irrational act suggests that she's out of touch with reality.

PHILLIPS: Jayne, how do you defend a Lisa Montgomery?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: Well, the first thing that has to happen is she has to have psychiatrists evaluate her that have terrific credentials because obviously there's a mental illness here. There are many legal hurdles here. The first one is just because she faked a pregnancy before doesn't mean she committed a murder. Number two, I agree with what Jeffrey said and that she might be so out of touch with reality that she believed she was pregnant or thought they would get away with saying she was pregnant and third of all, when it comes to direct evidence that's involved in the case here, we have a confession or statement that she gave. We don't know if that was voluntarily or knowingly given with her right mind. So there are many hurdles to overcome. The first is psychiatrist.

PHILLIPS: Jeffrey, what about the charges? Murder? Kidnapping of the fetus?

TOOBIN: You know, that is the likely charge and it is eligible for death penalty under federal law. Remember also, that under federal law the insanity defense has been restricted in recent years. After John Hinckley was acquitted of trying to kill President Reagan by reason of insanity, Congress tightened the insanity defense so most people that claim they are insane, not guilty by reason of insanity, lose. It is a very hard defense to win successfully so Lisa Montgomery obviously has legal problems as well as mental health problems that she simply may not be able to overcome.

PHILLIPS: Jayne, Really quickly, I want to ask you about her husband, Kevin. Allegedly they were seen together showing people this new baby of theirs. How could he be held liable? Could he be brought into this, as well?

WEINTRAUB: Well, we don't know what his complicity, if any, or his liability if any, is. We don't know what he did, if anything. I find it extremely odd that he didn't know that she was not pregnant. I find it odd that he didn't feel the baby, see the baby, go to a doctor's appointment, go any of those lengths to share his wife's pregnancy. But you know, by the same token I want to pick up something that Jeff said a few moments ago. And that is the fact she had her tubes tied says to me that she didn't want anymore children so I really wonder what was going on here.

PHILLIPS: Jayne Weintraub, Jeffrey Toobin, thank you both.

TOOBIN: See you, Kyra.

WEINTRAUB: Thank you.

PHILLIPS: You bet. When a ship is sinking it is abandoned and the same can happen to a person that falls from grace. Take Bernard Kerik. His career is in a nose dive. And even Rudy Giuliani who lobbied President Bush to nominate Kerik as secretary of homeland security is pushing away from him. It's a case of "Raw Politics."

(BEGIN VIDEO TAPE)

PHILLIPS (VOICE OVER): For years Bernard Kerik remained on Rudy Giuliani's side, first as his bodyguard and then the top cop in New York City. That's where Bernard Kerik was during 9/11.

RUDY GIULIANI, FORMER NYC MAYOR: I grabbed the arm of then police commissioner Bernard Kerik and I said, Bernie, thank God George Bush is our president.

PHILLIPS: So when George Bush tapped Bernard Kerik to be homeland security a month ago ...

GEORGE W. BUSH, U.S. PRESIDENT: As Mayor Rudy Giuliani's police commissioner, he had great success in reducing crime in New York City.

PHILLIPS: Many people saw it as a political consecration for Giuliani.

BAY BUCHANAN, CNN CONTRIBUTOR: It showed that he was able to reach the White House and let them know that the man they should put(ph) for one of the most important jobs in this country is his best friend and buddy, his partner. PHILLIPS: Some even suggested that Giuliani was on track to be GOP hopeful for 2008 but then came Kerikgate.

KERIK: Last evening I contacted the White House and requested that my name be withdrawn.

PHILLIPS: Rumors swirled around. Words of illegal gifts, connections with shady business, and there were reports of extramarital affairs and the love nest overlooking Ground Zero. Who got splashed by this explosion of dirt? Well, Rudy the Rock, who had to apologize to the president.

GIULIANI: He was very understanding. He understands what happened ...

PHILLIPS: It is too soon to tell how Giuliani's future will be affected by the Kerikgate. Recent polls show that Rudy Giuliani remains a serious contender against Hillary Clinton in the Senate race in 2006 and for the Republican presidential primary in 2008.

BUCHANAN: If you are interested in being involved in a political campaign in the near future, the last thing you want is to have nationally known that you have been associated as a business partner with somebody that has some questionable behavior.

PHILLIPS: Proving once more that in the world of "Raw Politics," you can be guilty by association.

(END VIDEO TAPE)

PHILLIPS (ON CAMERA): 360 next, Paris Hilton banned from a gossip column? Say it ain't so. Then again, she's overkill. Plus cell phones are everywhere. They're loud. They may be driving you crazy. Forget road rage. What about cell rage? The authors of a survival guide have some tips to reclaim that peace and quiet.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: My pet peeve? When people talk on their cell phones and they neglect to pay attention to their children.

UNIDENTIFIED FEMALE: I hate when people talk on their cell phones and driving and they're not paying attention.

UNIDENTIFIED MALE: Just after bad day having someone sit on the train going over their life experience, especially when they call everyone they know, telling them the same story over and over.

UNIDENTIFIED FEMALE: Turn it off, get a life.

(END VIDEO TAPE)

PHILLIPS: All right. I know all of you can relate to those people. If you think they couldn't possibly be talking about you, well think again. Survey after survey shows that while most cell phone users think they're being very considerate they think other cell phone users are not. And with last week's announcement that the FCC might lift the ban on cell phones on airplanes and we at 360 say help is on the way. Joining us now in Philadelphia are Barbara Pachter and Susan Magee, they are the authors of "The Jerk with the Cell Phone: A Survival Guide for the Rest of Us." Ladies, great to see you.

BARBARA PACHTER, AUTHOR: Hi Kyra.

SUSAN MAGEE, AUTHOR: Nice to be with you.

PHILLIPS: All right, Susan, I know you have some pretty funny stories. Horror stories, I guess you should say, about cell phones. You have got to tell our viewers about these.

MAGEE: We have a lot of horror stories in our book. Most of them are very funny. We tried to pick the funny ones. One of my favorites is about a woman that left her baby on a bus because she was having a cell phone conversation and was distracted. Now, all is well that ends well with this story but that's pretty bad.

PACHTER: Then there's the story of the cell phone in the coffin because the undertaker forgot to empty the man's pocket.

PHILLIPS: You sure that wasn't God calling to say, "OK, it's not your time."

PACHTER: It might have been.

PHILLIPS: There you go. Barbara, you're the etiquette one here, how do you confront somebody that's being loud on a cell phone? And are they really a jerk? Come on, we're all out on cell phones but we're not jerks, right?

PACHTER: Most people aren't jerks. They just forget how their behavior affects others. And there are a couple of steps you can do if you want to confront someone. The key thing is don't be a jerk yourself. And then follow some key points. One is, when you do say something to a cell phone jerk, use the word "please." Our mothers were right. Use the word "please."

MAGEE: No shouting and grabbing by the neck and throttling. That's a bad idea.

PHILLIPS: Punches are out of the question.

MAGEE: Punches are bad.

PACHTER: Someone else's bad behavior is no excuse for your own.

PHILLIPS: Don't use a harsh tone.

PACHTER: Don't use a harsh tone. Voice your request as a question. It's a much softer way of asserting yourself. And then tell the person why you're asking. If you said to most people, if you said the them, "Hi, could you please lower your voice we can hear your whole conversation," most people would comply.

MAGEE: You could say I don't want to hear about your sex life because it is a lot more interesting than mine.

PHILLIPS: I don't know. Sometimes that could be interesting. But anyway, on airplanes what do you think? I want you both to respond to this. Susan, do we want -- Yes? No?

MAGEE: I think it is inevitable but I think it is a mistake if they do it without issuing guidelines. You know when their doing this for emergency exits I think they should do this, too. Because there's already a lot of airline rage. Now it is just going to get worse

PACHTER: And if they handout a list etiquette guidelines that would help a lot.

PHILLIPS: Cell phone section maybe?

PACHTER: There's not enough room, I don't think.

MAGEE: Well, they used to do it with smoking section, so ...

PHILLIPS: Put the smokers and the cell phones and the crying babies all in one section. That's perfect.

"The Jerk with the Cell Phone: A Survival Guide for the Rest of Us." Ladies, thank you so much. Great stories in there. We didn't get to touch on hardly any of them. That's why everyone has to buy the book.

MAGEE: Yes. Definitely. A good stocking stuffer.

PACHTER: Thank you very much.

PHILLIPS: Very good. There's lot more interesting stories to tell you about tonight on PAULA ZAHN NOW and NEWSNIGHT WITH AARON BROWN. Let's get a preview. Aaron joins me from our studios in New York as does Soledad, who is filling in for Paula Zahn tonight. Soledad, let's begin with you.

SOLEDAD O'BRIEN: Hey Kyra. Good evening to you. Tonight a tale of soldiers. One back home for the holidays for a brief respite from the fighting in Iraq and the other off to war again after a precious early Christmas with his family. Their stories go to very the heart of the holiday season. We'll have that for you. Also you mentioned something called Festivus, you know, the holiday for the rest of us. Well, that fake holiday is actually catching on. We're going to have the low down on that. Grab your aluminum pole and have a happy Festivus, Kyra.

PHILLIPS: All right, Soledad. Thank you very much. And Aaron, deep thoughts with Aaron tonight. What are you going to be talking about?

BROWN: I don't know about deep thoughts but three more Americans died in Falluja today. The Battle of Falluja last month produced the deadliest month of the war. And also some of the most compelling war reporting ever done. Tonight we look back on it. The work of the ITN's Lindsey Hilsum, Michael Ware of "Time Magazine," Jane Arraf of CNN, the photography shot by Bob Loomis(PH) of the "LA Times". A look back at the Battle of Falluja in a special edition of NEWSNIGHT.

PHILLIPS: Aaron Brown, Soledad O'Brien, thank you so much. 360 next. Is this the end of Paris? A woman famous for being famous is facing her cruelest fate. No more press. We'll see why she's ripe for "Overkill" next.

(COMMERCIAL BREAK)

PHILLIPS: We'll always have Paris. That's what Rick famously whispered to Ilsa in the great movie, "Casablanca" and for the rest of us, it feels like we always have Paris, too. Paris Hilton. She's everywhere. But now one gossip columnist is staging a campaign to keep Paris out of the papers. He says she's "Overkill." We agree.

(BEGIN VIDEO TAPE)

PHILLIPS (VOICE OVER): She's been music to the ears of gossip mongers everywhere. So why is one tattler telling the "Today" show he's taking a pass on Paris?

LLOYD GROVE, "NEW YORK DAILY NEWS": For me it was sort of a crisis of the soul: "What am I doing writing about this flibbertigibbet?"

PHILLIPS: And if you think that's bad, here is what Lloyd Grove, formerly with the "Washington Post," now with "The New York Daily News" had to say in today's column.

"Over the past five years, without any discernible talent, education, scruples, manners, modesty or underpants, the pretty blonde great-granddaughter of hotel magnate Conrad Hilton has waged a terrifying campaign for world domination."

Well, at least he said she was pretty. Why oh why would a man that makes living off the bad behavior of the glitterati ban the best of the worst?

GROVE: I just think that it is time to go cold turkey and get off that celebrity crack pipe.

PHILLIPS: According to Grove it won't be just one thing that Paris pass, he lists a litany of transgressions. The infamous sex tapes, taste in men he describes as distressing and he also cites her dissing of the Arkansas couple kind enough to host her on some "Simple Life" jaunt while Grove swears she's gone from his pages for good, he did leave a light on in the window just in case.

GROVE: I'm not going to be unreasonable if she discovers a cure if cancer or wins the Nobel Peace Prize. I'll be glad to revisit the issue.

PHILLIPS: So little chance then that Paris will grace Grove's pages any time soon. Sorry exile for a publicity hungry hotel heiress turned "Overkill."

(END VIDEO TAPE)

PHILLIPS (ON CAMERA): Monday on 360, the gloves come off. The best, bloodies and ugliest political battles of the year. All in the CROSSFIRE. We'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Well, before we say goodnight we just want to tell you that CNN's New Year's Eve blast, Anderson will be right in Times Square in New York for the big ball drop starting at 11 p.m. Eastern to the wee hours of the morning but he will need your help. That's right, it's the second annual invite CNN to a New Year's Eve party contest and if you are having a shindig on New Year's Eve or going to one, go to CNN.com/360, tell us why we should send a TV camera to your party. Anderson and New Year's goes together, as you know, like tranquilized bears and trampolines.

No bears harmed in the making of this promo. I promise. I'm Kyra Phillips filling in for Anderson Cooper. Thanks for watching 360. We'll be back Monday. Happy Holidays. CNN's live programming continues now with PAULA ZAHN NOW. Filling in for Paula, Soledad O'Brien. Hi, Soledad.

O'BRIEN: Hey. Thanks, Kyra.

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


Aired December 23, 2004 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, HOST: Good evening from Atlanta. I'm Kyra Phillips.
Was a woman's instinct for motherhood too strong?

360 starts right now.

A 360 exclusive, new details emerging about the life of the woman accused of killing Bobbie Jo Stinnett and snatching her baby. Could a custody battle at home have led to her alleged crime?

Winter weather wreaking havoc on holiday travelers. What you need to know before heading out the door.

The mess-hall massacre. The Pentagon points its finger to a suicide bomber wearing an Iraqi military uniform. Details on how the enemy infiltrated a U.S. base.

Do you suspect your partner is cybercheating? Tonight, how you can catch a cheater online.

And say it ain't so. No more gossip about Paris Hilton? Find out why one tabloid's columnist is saying, No mas, to the saucy socialite.

ANNOUNCER: This is ANDERSON COOPER 360.

PHILLIPS: Good evening. Anderson's off tonight.

Exactly one week ago, we first heard of the unspeakable crime Lisa Montgomery was accused of committing. Today, seven days after she allegedly stole a baby from her murdered mother's womb, Montgomery appeared for the final time in a Kansas court. Now this horrific case moves back to the state where two lives were taken.

CNN's Jonathan Freed reports.

(BEGIN VIDEOTAPE)

JONATHAN FREED, CNN CORRESPONDENT (voice-over): It took less than 15 minutes for Lisa Montgomery's case to be transferred from court in Kansas, where she was arrested, to Missouri, where she's facing the federal charge of kidnapping resulting in death. Montgomery is accused of strangling Bobbie Jo Stinnett at her home in Skidmore, Missouri, last Thursday, cutting her unborn child from her womb and taking her baby girl.

Investigators are still trying to determine a motive for the crime. They've said Montgomery claimed she had a miscarriage, but her ex-husband, Carl Bowman (ph), with whom she had four children, strongly disputes that.

CARL BOWMAN, MONTGOMERY'S EX-HUSBAND: She never was pregnant. Anything they are saying in the media that, you know, she had lost a baby within the last six months, she had a miscarriage, or she delivered, anything, is all a lie.

FREED: A week before Stinnett was killed, Bowman went to court seeking custody of two of his children. In the filing, Bowman says the two teenagers asked to live with him, adding, "The children are having difficulty with the natural mother."

DR. JOHN WISNER, FORENSIC PSYCHIATRIST: It could. It's possible.

FREED: Dr. John Wisner is a forensic psychiatrist in Kansas City. He hasn't treated Montgomery but explains that violent action could be triggered by something like a custody battle. But he adds that until you really climb inside the mind of an accused person and analyze the details of a crime, it is tougher to draw a conclusion.

WISNER: I think even if someone were very deeply disturbed, just that one thing, a petition to take over custody, wouldn't necessarily be the trigger. There doesn't always have to be a straw that breaks the camel's back.

FREED: A Kansas judge awarded Bowman temporary custody of the two children after Montgomery was charged.

(END VIDEOTAPE)

FREED: Now, Montgomery's initial court hearing in Missouri is at this point set, Kyra, for Tuesday afternoon.

PHILLIPS: Jonathan Freed, thank you very much.

And coming up in just a bit, an exclusive interview with the attorney for Lisa Montgomery's ex-husband. You'll see it here only on CNN.

For the families of those who died or were injured in Mosul, Iraq, on Tuesday, the reality of what happened is hard to bear. And after the reality sinks in of whether a loved one was killed, wounded, or narrowly escaped, comes the questions.

From Maine tonight, CNN's Alina Cho.

(BEGIN VIDEOTAPE) ALINA CHO, CNN CORRESPONDENT (voice-over): Days after the bombing in Mosul, military families are asking questions, parents like Dennis and Jayline Wing, whose 20-year-old son, Ryan, was in the mess hall and survived the attack.

JAYLINE WING, SOLDIER'S MOTHER: If they're protecting us, then they should have as much protection as possible, you know? And so that they feel secure fighting, you know, for our freedom.

CHO: Jayline Wing says Ryan knew the dining tent was unsafe. He and his buddies made a makeshift kitchen to avoid going there. He just happened to be there on that day, the same day a bombing killed 18 Americans, including two soldiers from Ryan's battalion.

Twenty-year-old Tommy Dostie was one of them. Michael Dusty is his father.

MICHAEL DOSTIE, FATHER OF FALLEN SOLDIER: We'll always wonder that, I guess, you know, what if it was a better building? We've heard all these stories, you know, they should have had it built, they should have done this, they should have done that. But we really don't know. We went into this war fast.

CHO: Others wonder how their sons will be able to trust the person standing next to them.

DENNIS WING, SOLDIER'S FATHER: You can have buildings built with concrete four feet thick, but if there's a gap in security for whatever reason...

CHO (on camera): Infiltrator.

DENNIS WING: That's right. And you -- it doesn't matter what your buildings are made out of. And that's a brand-new scare.

CHO: So this is where Jessie grew up.

(voice-over): Barbara Daniel' son Jessie is also part of Maine's 133rd Engineer Battalion. She believes National Guardsmen, like those in the 133, should not be fighting a war.

BARBARA DANIEL, SOLDIER'S MOTHER: There's not enough soldiers. Isn't that obviously why our guardsmen are there? You know, and our guard is not soldiers. Our guardmens are not soldiers, you know, they're for -- they're natural disaster people, like FEMA.

CHO: The Wings' son, Ryan, came home for Thanksgiving.

DENNIS WING: Oh, I just wanted, oh, (UNINTELLIGIBLE)...

JAYLINE WING: We're glad he's safe.

CHO: With a new mess hall on the way, they pray Ryan will be home for good by March.

Alina Cho, CNN, Augusta, Maine. (END VIDEOTAPE)

PHILLIPS: For the Pentagon, the reality of what happened raises another question that is hard to answer as well. In a troubled land, how to tell friend from foe?

Here's CNN's Kathleen Koch.

(BEGIN VIDEOTAPE)

KATHLEEN KOCH, CNN CORRESPONDENT (voice-over): The top U.S. general in the Mosul region made a surprising revelation about what the suicide bomber at Camp Marez (ph) was likely wearing.

BRIG. GEN. CARTER HAM, COMMANDER, TASK FORCE OLYMPIA IN MOSUL: What we think is likely, but certainly not certain, is that an individual in an Iraqi military uniform, possibly with a vest-worn explosive device, was inside the facility...

KOCH: A spokesman for the multinational force who says after the explosion, investigators discovered the remains of a torso wearing the uniform in the mess hall, and believe it to be the bomber. But the Lieutenant Colonel Steven Boylan (ph) insists they don't know if the bomber was actually a member of the Iraqi military, or someone who stole the uniform, got it from a deserter, or bought it on the black market.

The military also believes the bomber had help.

HAM: It is very difficult to conceive that this would be the act of a lone individual. It would seem to me reasonable to assume that this was a mission perhaps some time in the planning, days perhaps.

KOCH: There's no word yet on whether any Iraqi national guardsmen are missing, one military official explaining there's no reliable tracking system to keep count of Iraqi soldiers. And U.S. military can't yet say how many Iraqi civilians work at Camp Mare, or whether any of them were unaccounted for.

Senior Pentagon officials defend the increasing practice of hiring foreign nationals like Iraqis to do nonmilitary chores on bases. They say it improves not just the economic status of average Iraqis, but their attitude toward Americans and the push for democracy.

(END VIDEOTAPE)

KOCH: But at the same time, it does introduce risk. So the Pentagon right now is reevaluating security at every U.S. military installation in Iraq. Top brass very concerned that the effectiveness of Tuesday's attack could prompt suicide copycats, Kyra.

PHILLIPS: Kathleen Koch, live from the Pentagon. Thank you.

The thieves responsible for Northern Ireland's biggest bank heist might have trouble spending the loot. That tops our look at global stories in the unlink.

Luck of the Irish? Police say no. An expert on money laundering calls the $42 million of stolen cash toilet paper. That's because a chunk of the currency, which is produced in Northern Ireland, can only be spent there, since the rest of the world doesn't recognize it.

Kinshasa, Congo, the U.N.'s fired up. It's demanding the punishment of 78 Congolese soldiers accused of taking part in a mass rape of 119 women and girls. The rapes took place a year ago following an army mutiny. U.N. soldiers and staff are also facing allegations of sexual abuse.

Moscow, Russia, jail time on home turf. The Kremlin says the two Russian secret service agents responsible for this bomb attack in Qatar back in February will serve out their jail terms in Russia. The men assassinated a Chechan rebel leader and were sentenced to life in prison.

Havana, Cuba, President Fidel Castro puts this nasty fall two months ago behind him. He was seen today walking in public for the first time since shattering his knee.

That's tonight's unlink.

A Palestinian living on the West Bank doesn't have many opportunities for recreation. Golf courses and bowling alleys are few and far between. Which isn't to say that Palestinian leaders, in particular the late Yasser Arafat, weren't investing in such things.

CNN's Mary Snow reports.

(BEGIN VIDEOTAPE)

MARY SNOW, CNN CORRESPONDENT (voice-over): (audio interrupt) on the bowling pins and parties in this trendy New York spot was money linked to former Palestinian leader Yasser Arafat. The owner says he's shocked.

UNIDENTIFIED MALE: We don't choose to be affiliated with any political-based organization, especially one that, you know, may or may not have ties to things that we find absolutely abhorrent.

SNOW: Thomas Shannon says he's been working with his lawyer since Bloomberg News broke the story. He says he's returning $1.3 million invested in his business by a company which is part funded by the Palestine Commercial Services Company.

UNIDENTIFIED MALE: Not only do we have a lot of customers that are Jewish, we do a lot of charitable work with Jewish organizations.

SNOW: Bowman (ph) boasts of celebrity visits that include one from former New York City mayor Rudy Giuliani, who once barred Yasser Arafat from New York City's Lincoln Center.

Rachel Ehrenfeld, author of "Funding Evil: How Terrorism Is Financed and How to Stop It," says Arafat's investments are coming to light because of questions asked by donor groups.

RACHEL EHRENFELD, AUTHOR, "FUNDING EVIL": Arafat controlled the money. Arafat controlled where the money was going. He employed people in order to invest the money. And, of course, not one bank account was under his name.

SNOW: The question is, how did the money wind up in a New York bowling alley that hosts Bar Mitzvah parties? Shannon says the money came from a private investment company called Silver Haze. He says he went to school with the firm's founder.

Silver Haze declined to say whether it had invested in Bowman, but told CNN, "The Palestinian National Authority, like all governments worldwide, invests money on behalf of their people in a broad spectrum of businesses. Mischaracterizing this prices to exploit complex political sensitivities serves no one."

Our efforts to reach the Palestine Investment Fund and the Palestinian finance minister were unsuccessful. The Palestinian mission to the U.N. says it has no comment on the story.

Mary Snow, CNN, New York.

(END VIDEOTAPE)

PHILLIPS: 360 next, the ultimate copycat. A custom-made kitty? Wait till you hear the price tag for these whiskers.

Plus, winter woes, just in time for your holiday travels. The weather outside is frightful in many parts of the country.

And a CNN exclusive, stolen from the womb. Did the accused woman fake pregnancies before? An interview you'll see only here, with her ex-husband's attorney.

But first, your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COLLINS: The old song has got it just about right. The weather outside is frightful. Snow as far south as Texas and Tennessee, motorists stranded in more than a few places. Icy roads in Mississippi, air traffic delays along the East Coast. In hard-hit Indiana, one official has found exactly the right word to describe things, mess.

More now from CNN's Sarah Dorsey.

(BEGIN VIDEOTAPE)

SARAH DORSEY, CNN CORRESPONDENT (voice-over): Let it snow, let it snow, and snow it did, bucket loads across the Midwest from a storm system causing problems as far south as Nashville and Dallas, Texas.

Some nondrivers welcomed winter's wonders, but anyone who had to get behind the wheel had a very different perspective.

Interstate 64 in Indiana was closed in several spots, leaving motorists like Michelle Bugg (ph) and her seven children stranded in their van for seven hours.

UNIDENTIFIED FEMALE: We had water and a few snacks. So, yes, they were content. So, and they -- after a while, they fell asleep, and we were able to get some sleep too.

DORSEY: The Indiana National Guard was called in to help get the stranded to shelter. Many on the roadways were stuck for hours. Some made it in on their own.

UNIDENTIFIED FEMALE: We were going to try to shoot straight through to enjoy as much as Florida as we could, and now we're in Indiana in a snowstorm. The roads are impassible. And here we are. This is our honeymoon.

DORSEY: Ice made roads treacherous in Nashville. Parts of Ohio were buried under more than two feet of snow. There were delays for holiday airline travelers across the region, waiting for airport workers to de-ice planes.

A white Christmas indeed, arriving just in time to mess up holiday travel as cars slipped and slid all over the place. At least one person found a good way to get around. May not get you there by Christmas, but this Missouri rider is getting much further than many drivers.

Sarah Dorsey, CNN, Atlanta.

(BEGIN VIDEOTAPE)

PHILLIPS: We're following several other stories tonight cross- country.

Seattle, Washington, according to the AMP, the winner in the state's disputed governor's race is Democrat Christine Gregoire. She won by just a whopping 130 votes after a hand recount. The Republican candidate had the lead in two previous recounts and could challenge the results.

Houston, Texas, two men convicted for their role in a deadly human smuggling effort. Nineteen illegal immigrants were killed when they were crammed into an unventilated tracer trailer. The men will be sentenced in March.

Hartford, Connecticut, former governor turned convicted felon, John Rowland, who resigned back in July, has pleaded guilty to a federal corruption charge. He admits accepting gifts, including home renovations, from state contractors and others. He faces prison time when he's sentenced in March.

Polk (ph) County, Florida, happy Festivus. The fake holiday featured in the TV show "Seinfeld" got a nod outside a county office. That's after a church group put up a nativity scene and opened the door for other displays. Tonight, we hear the Festivus sign is gone, but the nativity and a display honoring the religion Zoroastrianism are still there.

That's a look at stories cross-country tonight.

Well, kittens are cute and cuddly and cherished by their owners. They're mostly low cost too, if you not actually see it up for grabs for nothing at all. Unless, that is, the kitten in question is the first one ever cloned to order, in which case it will set you back as much as a Mercedes.

The story from CNN's Jason Bellini.

(BEGIN VIDEOTAPE)

JASON BELLINI, CNN CORRESPONDENT (voice-over): Little Nickey (ph) was born nine weeks ago. The company Genetic Savings and Clone claims its scientists created the first cloned pet. Little Nickey's owner, this woman, who won't disclose her name, paid $50,000 for the clone of the original Nickey. Before her 17-year-old cat died, she banked its DNA.

Genetic Savings and Clone says its advanced cloning technique transfers the donor's genetic material to a surrogate egg. Another cat gives birth to the clone.

UNIDENTIFIED FEMALE: He looks like Dana Cole (ph). His personality's extremely similar. The original Nickey knew 11 commands, and the little Nickey is already starting to learn commands, and he's only been with me for 12 days.

BELLINI: Bioethicists say the science of cloning is still experimental. Cloned animals are more prone to disease. And cloning isn't like bringing a dead pet back to life.

ART KAPLAN, CENTER FOR BIOETHICS: A cloned animal is not the reincarnation, the resurrection, of the pet that went before. It's very similar. It will look very similar. But it doesn't mean the behavior, the emotions, the personality are the same.

BELLINI: Genetic Savings and Clone says it's working on five more orders from customers who've already put down the $50,000 fee.

UNIDENTIFIED FEMALE: It is where I've decided to spend my money. And I'm very happy with that decision.

BELLINI (on camera): Genetic Savings and Clone company didn't return our calls today. The Associated Press says the company plans to create 50 cloned cats by the end of next year. In 2005, they also plan to offer dog cloning as well.

Jason Bellini, CNN, Atlanta.

(END VIDEOTAPE)

PHILLIPS: 360 next, how to catch a cheat. A look at the ways suspicious minds get the dirt.

Plus, Rudy's future. Will the fall of Bernard Kerik cost him a job in Washington?

And a little later, accused baby snatcher and murderer, her ex- husband's lawyer talks. Will her past come back to haunt her? A CNN exclusive.

(COMMERCIAL BREAK)

COLLINS: Till death do us part. For some spouses, those five words constitute a vow easily broken. Roving eyes and cheating hearts are as old as the hills.

But we live in the age of the Internet. It's easier to cheat, and easier for a spouse who is suspicious to find out.

As part of our special series on infidelity, Anderson looks at how to collect evidence online. Then he talks to two guests about other ways to dig around, and the legality of it all.

(BEGIN VIDEOTAPE)

ANDERSON COOPER, CNN (voice-over): In the movies, catching a cheating spouse often looks like this. But the reality today often looks more like this.

There are now dozens of Web sites promising to help you catch a loved one fooling around online.

JOHN LASAGE, CATCHCHEATERS.COM: I created the Web site after my wife left the country for someone she met on the Internet.

COOPER: John Lasage sells software that can record every keystroke typed on a computer.

LASAGE: Yes, you install it, and it runs in a stealth mode. So it's very difficult to find out that it's on the machine. And then when you're ready, you type in a password, and it pops up everything they did.

COOPER: The software is cheap and easy to find. Web sites have names like CatchCheaters.com and CheatingHusbands.com.

Some concerned spouses resort to hidden cameras or recording calls. There are even GPS trackers that can be placed on cars. Online monitoring technology was originally created to help parents track their children's Internet use, but tracking cheaters is increasingly popular.

LASAGE: It is sad that you would have to monitor your spouse, but in some cases, it must be done.

COOPER: Lawyers and counselors say that online affairs are now one of the leading causes of divorce, and the best way to track it may be to go online yourself. (on camera): And when doing it yourself isn't enough, you can always call a private (UNINTELLIGIBLE), investigator, Jeanne Holloway, who tracks down cheaters for a living. She joins us from Houston. And we're joined here by Court TV anchor Lisa Bloom with her thoughts on catching a cheat and the question that's getting a lot of you riled up, is cybersex really cheating?

Welcome to both of you.

Jeanne, let me start off with you. You offer some of this software on your own Web site. How popular is it?

JEANNE HOLLOWAY, PRIVATE INVESTIGATOR: It is very popular, Anderson. Thanks for having me. We have found that there has been a increased number of sales for this computer spy program, and it's very beneficial to us in our investigative work.

COOPER: All right, now, Lisa, is, I mean, is this legal, for a spouse to basically spy on their spouse?

LISA BLOOM, COURT TV ANCHOR: Well, of course the law varies from state to state, the safe answer. But generally it is. If you're doing something within your own marriage, you're bugging your own computer, you're putting a GPS on your own car, generally you're OK. If you're going into your divorced partner's home, you're trespassing, then you're on shaky legal ground. But I think what she's doing, for the most part, is fine.

COOPER: Jeanne, what's best way you have found to track down, you know, infidelities? I mean, is it, I understand you even have people rout through people's garbage.

HOLLOWAY: Oh, yes, that's very popular these days. The garbage collection that we do provides us with leads, especially if you have a spouse that has gone out of town for the weekend. It leaves the other spouse at home, and of course they try and discard everything, so we go through the trash (UNINTELLIGIBLE)...

COOPER: What else? Cell phone records, I guess, credit cards?

HOLLOWAY: Cell phone, exactly. Exactly. Even drug use, sex paraphernalia. It's amazing what we can find.

COOPER: Lisa, routing through garbage, that's OK? It's all?

BLOOM: There's got to be a certain humiliation factor here, right? I mean, you're going through your spouse's garbage. You got to ask yourself about the level of trust and respect in your own relationship. What the heck are you doing when you're digging through the garbage?

COOPER: I mean, I know in a lot of courts now, I mean, there are no-fault divorces, doesn't matter whether or not you were carrying on an affair...

BLOOM: Well, that's right... COOPER: ... but, but online cheating, I mean, do some courts consider it cheating?

BLOOM: For the most part, it's not going to help you in court. You're not going to get more money in a divorce settlement. Things are going to be split up 50-50, for the most part. Child custody isn't going to be affected. So you're really just doing this for your own peace of mind, or lack thereof.

COOPER: Jeanne, when clients come to you, I mean, what are signs that they say and that you tell them they should look for, for someone who may be cheating?

HOLLOWAY: Well, there's lying, there's uncountable time, there's mood swings, there's a change in their physical appearance, changing financial status. Some of them revert back to their youth.

COOPER: It's, it's, it's, it's, I mean, I guess it's sad that it's come to this. Jeanne, do you get depressed, I mean, in the work you do? Do you distrust people?

HOLLOWAY: Absolutely not. This is reality. There is cheating 24/7/365. And it just secures my job, and my job (UNINTELLIGIBLE) investigations. We're here. We're going to stay.

COOPER: Has the law caught up with all the ways there are to cheat? I mean, are, do you, do, you know...

BLOOM: Well, you know, it's a good question. The law looks at a reasonable expectation of privacy. You can go through garbage because we don't expect any privacy in our garbage.

But, you know, I wonder, Jeanne, if I may ask you, do you tell people, Look, what are you doing spending all this money looking for your cheating spouse? If you're suspicious, they probably are cheating. Why don't you just move on?

HOLLOWAY: Well, because it not only provides proof that some courts will recognize in situations, depending on which state. Sometimes it's not always split 50-50. Sometimes if you can prove infidelity, the adultery, then the assets are split up, like, 75-25, instead of just 50-50.

COOPER: Jeanne, have you been on a case where a spouse thought their loved one was cheating and it turns out they weren't? Or are they pretty much always right?

HOLLOWAY: No, we have. And that, that is one thing, one reward of our job. We would love to be able to go back to all of our clients and say, I'm sorry, but your spouse is not cheating. We have followed him for days. We've checked out the computer spy programs. And there's nothing that they're doing wrong. But unfortunately we can't.

BLOOM: But Anderson, there's also people who go the other way. Look at Clara Harris in Texas, who ended up running over her husband, who she found out was cheating from a private investigator. Some people completely snap and lose it, and there's actually violence as a result.

COOPER: Yes, certainly is. All right, it's fascinating discussion. Lisa Bloom, thanks very much. Jeanne Holloway, thanks very much.

HOLLOWAY: Thank you, Anderson.

(END VIDEOTAPE)

PHILLIPS: A 360 exclusive, new details emerging about the life of the woman accused of killing Bobbie Jo Stinnett and snatching her baby. Could a custody battle at home have led to her alleged crime?

And say it ain't so. No more gossip about Paris Hilton? Find out why one tabloid columnist is saying, No mas, to the saucy socialite.

360 continues.

(COMMERCIAL BREAK)

KYRA PHILLIPS, CNN ANCHOR: Did a custody battle for her own kids lead the accused fetus snatcher to commit her heinous crime?

(COMMERCIAL BREAK)

PHILLIPS: In the next half-hour, 360, a CNN exclusive. The accused baby snatcher. Did she fake a pregnancy in the past? We'll talk to her ex-husband's lawyer. Plus Rudy Giuliani, he lobbied for Bernard Kerik to become homeland security chief. Now that Kerik has fallen from grace, will Giuliani face the same fate in "Raw Politics"? First, let's check "The Reset."

It will be a very wet and icy and dangerous Christmas for many people. Today a huge storm pounded parts of the Midwest and South. The weather is being blamed for at least 12 traffic related fatalities. Ice and snow is creating a nightmare for holiday travelers and last minute shoppers.

Off limits for airport pat-downs today. The Transportation Security(sic) Administration says screeners will not be allowed to pat down a passenger's breast. Why? Complaints. Hundreds of them. Mostly from female travelers.

Pledging money to Sudan. Today President Bush signed into law legislation that authorizes $200 million to help victims in the war- torn African nation. The bill provides another $100 million to provide incentives for peace talks.

And the Pardonator gives a trio of inmates getting free pass. Today California Governor Arnold Schwarzenegger pardoned three men convicted of drug crimes. They are the first unconditional releases issued by a California governor in nearly six years. That's a look at tonight's "Reset."

Before Lisa Montgomery allegedly stole a baby from another woman's womb, police say she told a lot of people that she was pregnant. That's strange to us but not to her ex-husband. Carl Boman, who was with Lisa Montgomery for a dozen years, told a TV station she faked pregnancies in the past. Joining me from Burlington, Kansas for this exclusive interview is Boman's attorney, James Campbell. Thank you for being with us, sir.

JAMES CAMPBELL, ATTORNEY: Thank you.

PHILLIPS: She faked pregnancies according to her ex-husband. Why?

CAMPBELL: He thought as much as anything it was for attention. That she was desirous of attaining attention and certainly you never know. You're speculating.

PHILLIPS: Did he feel -- did she ever say to him she wasn't getting enough attention from him? And she has four kids I understand with him. A 17 year old, 16 year old, 15 year old and 14 year old. Was she just not getting enough attention from her family?

CAMPBELL: I don't know. Certainly Mr. Boman was talking about the situations that he dealt with in the early '90s. That was his guess from my conversations with him. He certainly didn't know for sure.

PHILLIPS: How is the relationship between mom and the four kids?

CAMPBELL: The children had been with their mother up to the time of these incidents. We know little more about it than that. They have been with her for a period of time.

PHILLIPS: Was your client concerned about Lisa Montgomery's mental health?

CAMPBELL: Yes, he was. He approached me originally in the spring was when I met with Mr. Boman and at that time we talked about several issues including the custody of the children. From those discussions and other things occurred, we had filed to change custody based upon the desires of the children. My client did express to me the concerns he had about Ms. Montgomery.

PHILLIPS: What were the concerns exactly?

CAMPBELL: He didn't list them other than to say that she could be a little unstable at times and he felt it would be in the children's better interest perhaps to be with him. He wasn't willing to push that. He wanted the desires of the children; he still wants the desires of the children to be first and foremost. The main thing that he wants and is concerned with now is his children and he certainly loves his children and wants what's best for them.

PHILLIPS: Why did he get divorced from Lisa Montgomery?

CAMPBELL: There were difficulties obviously. They were divorced twice. They were married - I believe, and I don't have my notes in front of me -- but they were married once, were together a number of years and then they divorced in Oklahoma. Mr. Boman, in that divorce, was granted custody of the children. He moved to Arkansas. Ms. Montgomery came over approximately four months later. They were remarried and then about four years after that, I believe, again I may not be correct on the dates, but a number of years later they divorced a second time in New Mexico. He said the first time was because of some difficulties between he and Ms. Montgomery. Part of which was actions she had undertaken.

PHILLIPS: Was she able to have more kids? Why would she fake this pregnancy?

CAMPBELL: My client doesn't know for sure. After their last child was born, she had her tubes tied when they were in California and he was aware of that and knew that she wasn't capable of having children then.

PHILLIPS: James Campbell. Thanks for your time today.

CAMPBELL: Thank you.

PHILLIPS: Helping us cover all angles this disturbing case in "Justice Served" tonight is our senior legal analyst Jeffrey Toobin from Miami and a defense attorney Jayne Weintraub. Thank you both for being with us. Listening to what James Campbell had to say, did he say anything that could hurt or help Lisa Montgomery? Jeffrey?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, the thing that jumped out at me was that he said that she had had a sterilization procedure. So, remember that one of the excuses, explanations, put forward for this horrendous act was that she said she had suffered a miscarriage recently and was upset about it. Well, if she had this operation, she couldn't have had a miscarriage so in a funny way, if she's going plead insanity that seems likely, that could help her because such an irrational act suggests that she's out of touch with reality.

PHILLIPS: Jayne, how do you defend a Lisa Montgomery?

JAYNE WEINTRAUB, DEFENSE ATTORNEY: Well, the first thing that has to happen is she has to have psychiatrists evaluate her that have terrific credentials because obviously there's a mental illness here. There are many legal hurdles here. The first one is just because she faked a pregnancy before doesn't mean she committed a murder. Number two, I agree with what Jeffrey said and that she might be so out of touch with reality that she believed she was pregnant or thought they would get away with saying she was pregnant and third of all, when it comes to direct evidence that's involved in the case here, we have a confession or statement that she gave. We don't know if that was voluntarily or knowingly given with her right mind. So there are many hurdles to overcome. The first is psychiatrist.

PHILLIPS: Jeffrey, what about the charges? Murder? Kidnapping of the fetus?

TOOBIN: You know, that is the likely charge and it is eligible for death penalty under federal law. Remember also, that under federal law the insanity defense has been restricted in recent years. After John Hinckley was acquitted of trying to kill President Reagan by reason of insanity, Congress tightened the insanity defense so most people that claim they are insane, not guilty by reason of insanity, lose. It is a very hard defense to win successfully so Lisa Montgomery obviously has legal problems as well as mental health problems that she simply may not be able to overcome.

PHILLIPS: Jayne, Really quickly, I want to ask you about her husband, Kevin. Allegedly they were seen together showing people this new baby of theirs. How could he be held liable? Could he be brought into this, as well?

WEINTRAUB: Well, we don't know what his complicity, if any, or his liability if any, is. We don't know what he did, if anything. I find it extremely odd that he didn't know that she was not pregnant. I find it odd that he didn't feel the baby, see the baby, go to a doctor's appointment, go any of those lengths to share his wife's pregnancy. But you know, by the same token I want to pick up something that Jeff said a few moments ago. And that is the fact she had her tubes tied says to me that she didn't want anymore children so I really wonder what was going on here.

PHILLIPS: Jayne Weintraub, Jeffrey Toobin, thank you both.

TOOBIN: See you, Kyra.

WEINTRAUB: Thank you.

PHILLIPS: You bet. When a ship is sinking it is abandoned and the same can happen to a person that falls from grace. Take Bernard Kerik. His career is in a nose dive. And even Rudy Giuliani who lobbied President Bush to nominate Kerik as secretary of homeland security is pushing away from him. It's a case of "Raw Politics."

(BEGIN VIDEO TAPE)

PHILLIPS (VOICE OVER): For years Bernard Kerik remained on Rudy Giuliani's side, first as his bodyguard and then the top cop in New York City. That's where Bernard Kerik was during 9/11.

RUDY GIULIANI, FORMER NYC MAYOR: I grabbed the arm of then police commissioner Bernard Kerik and I said, Bernie, thank God George Bush is our president.

PHILLIPS: So when George Bush tapped Bernard Kerik to be homeland security a month ago ...

GEORGE W. BUSH, U.S. PRESIDENT: As Mayor Rudy Giuliani's police commissioner, he had great success in reducing crime in New York City.

PHILLIPS: Many people saw it as a political consecration for Giuliani.

BAY BUCHANAN, CNN CONTRIBUTOR: It showed that he was able to reach the White House and let them know that the man they should put(ph) for one of the most important jobs in this country is his best friend and buddy, his partner. PHILLIPS: Some even suggested that Giuliani was on track to be GOP hopeful for 2008 but then came Kerikgate.

KERIK: Last evening I contacted the White House and requested that my name be withdrawn.

PHILLIPS: Rumors swirled around. Words of illegal gifts, connections with shady business, and there were reports of extramarital affairs and the love nest overlooking Ground Zero. Who got splashed by this explosion of dirt? Well, Rudy the Rock, who had to apologize to the president.

GIULIANI: He was very understanding. He understands what happened ...

PHILLIPS: It is too soon to tell how Giuliani's future will be affected by the Kerikgate. Recent polls show that Rudy Giuliani remains a serious contender against Hillary Clinton in the Senate race in 2006 and for the Republican presidential primary in 2008.

BUCHANAN: If you are interested in being involved in a political campaign in the near future, the last thing you want is to have nationally known that you have been associated as a business partner with somebody that has some questionable behavior.

PHILLIPS: Proving once more that in the world of "Raw Politics," you can be guilty by association.

(END VIDEO TAPE)

PHILLIPS (ON CAMERA): 360 next, Paris Hilton banned from a gossip column? Say it ain't so. Then again, she's overkill. Plus cell phones are everywhere. They're loud. They may be driving you crazy. Forget road rage. What about cell rage? The authors of a survival guide have some tips to reclaim that peace and quiet.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: My pet peeve? When people talk on their cell phones and they neglect to pay attention to their children.

UNIDENTIFIED FEMALE: I hate when people talk on their cell phones and driving and they're not paying attention.

UNIDENTIFIED MALE: Just after bad day having someone sit on the train going over their life experience, especially when they call everyone they know, telling them the same story over and over.

UNIDENTIFIED FEMALE: Turn it off, get a life.

(END VIDEO TAPE)

PHILLIPS: All right. I know all of you can relate to those people. If you think they couldn't possibly be talking about you, well think again. Survey after survey shows that while most cell phone users think they're being very considerate they think other cell phone users are not. And with last week's announcement that the FCC might lift the ban on cell phones on airplanes and we at 360 say help is on the way. Joining us now in Philadelphia are Barbara Pachter and Susan Magee, they are the authors of "The Jerk with the Cell Phone: A Survival Guide for the Rest of Us." Ladies, great to see you.

BARBARA PACHTER, AUTHOR: Hi Kyra.

SUSAN MAGEE, AUTHOR: Nice to be with you.

PHILLIPS: All right, Susan, I know you have some pretty funny stories. Horror stories, I guess you should say, about cell phones. You have got to tell our viewers about these.

MAGEE: We have a lot of horror stories in our book. Most of them are very funny. We tried to pick the funny ones. One of my favorites is about a woman that left her baby on a bus because she was having a cell phone conversation and was distracted. Now, all is well that ends well with this story but that's pretty bad.

PACHTER: Then there's the story of the cell phone in the coffin because the undertaker forgot to empty the man's pocket.

PHILLIPS: You sure that wasn't God calling to say, "OK, it's not your time."

PACHTER: It might have been.

PHILLIPS: There you go. Barbara, you're the etiquette one here, how do you confront somebody that's being loud on a cell phone? And are they really a jerk? Come on, we're all out on cell phones but we're not jerks, right?

PACHTER: Most people aren't jerks. They just forget how their behavior affects others. And there are a couple of steps you can do if you want to confront someone. The key thing is don't be a jerk yourself. And then follow some key points. One is, when you do say something to a cell phone jerk, use the word "please." Our mothers were right. Use the word "please."

MAGEE: No shouting and grabbing by the neck and throttling. That's a bad idea.

PHILLIPS: Punches are out of the question.

MAGEE: Punches are bad.

PACHTER: Someone else's bad behavior is no excuse for your own.

PHILLIPS: Don't use a harsh tone.

PACHTER: Don't use a harsh tone. Voice your request as a question. It's a much softer way of asserting yourself. And then tell the person why you're asking. If you said to most people, if you said the them, "Hi, could you please lower your voice we can hear your whole conversation," most people would comply.

MAGEE: You could say I don't want to hear about your sex life because it is a lot more interesting than mine.

PHILLIPS: I don't know. Sometimes that could be interesting. But anyway, on airplanes what do you think? I want you both to respond to this. Susan, do we want -- Yes? No?

MAGEE: I think it is inevitable but I think it is a mistake if they do it without issuing guidelines. You know when their doing this for emergency exits I think they should do this, too. Because there's already a lot of airline rage. Now it is just going to get worse

PACHTER: And if they handout a list etiquette guidelines that would help a lot.

PHILLIPS: Cell phone section maybe?

PACHTER: There's not enough room, I don't think.

MAGEE: Well, they used to do it with smoking section, so ...

PHILLIPS: Put the smokers and the cell phones and the crying babies all in one section. That's perfect.

"The Jerk with the Cell Phone: A Survival Guide for the Rest of Us." Ladies, thank you so much. Great stories in there. We didn't get to touch on hardly any of them. That's why everyone has to buy the book.

MAGEE: Yes. Definitely. A good stocking stuffer.

PACHTER: Thank you very much.

PHILLIPS: Very good. There's lot more interesting stories to tell you about tonight on PAULA ZAHN NOW and NEWSNIGHT WITH AARON BROWN. Let's get a preview. Aaron joins me from our studios in New York as does Soledad, who is filling in for Paula Zahn tonight. Soledad, let's begin with you.

SOLEDAD O'BRIEN: Hey Kyra. Good evening to you. Tonight a tale of soldiers. One back home for the holidays for a brief respite from the fighting in Iraq and the other off to war again after a precious early Christmas with his family. Their stories go to very the heart of the holiday season. We'll have that for you. Also you mentioned something called Festivus, you know, the holiday for the rest of us. Well, that fake holiday is actually catching on. We're going to have the low down on that. Grab your aluminum pole and have a happy Festivus, Kyra.

PHILLIPS: All right, Soledad. Thank you very much. And Aaron, deep thoughts with Aaron tonight. What are you going to be talking about?

BROWN: I don't know about deep thoughts but three more Americans died in Falluja today. The Battle of Falluja last month produced the deadliest month of the war. And also some of the most compelling war reporting ever done. Tonight we look back on it. The work of the ITN's Lindsey Hilsum, Michael Ware of "Time Magazine," Jane Arraf of CNN, the photography shot by Bob Loomis(PH) of the "LA Times". A look back at the Battle of Falluja in a special edition of NEWSNIGHT.

PHILLIPS: Aaron Brown, Soledad O'Brien, thank you so much. 360 next. Is this the end of Paris? A woman famous for being famous is facing her cruelest fate. No more press. We'll see why she's ripe for "Overkill" next.

(COMMERCIAL BREAK)

PHILLIPS: We'll always have Paris. That's what Rick famously whispered to Ilsa in the great movie, "Casablanca" and for the rest of us, it feels like we always have Paris, too. Paris Hilton. She's everywhere. But now one gossip columnist is staging a campaign to keep Paris out of the papers. He says she's "Overkill." We agree.

(BEGIN VIDEO TAPE)

PHILLIPS (VOICE OVER): She's been music to the ears of gossip mongers everywhere. So why is one tattler telling the "Today" show he's taking a pass on Paris?

LLOYD GROVE, "NEW YORK DAILY NEWS": For me it was sort of a crisis of the soul: "What am I doing writing about this flibbertigibbet?"

PHILLIPS: And if you think that's bad, here is what Lloyd Grove, formerly with the "Washington Post," now with "The New York Daily News" had to say in today's column.

"Over the past five years, without any discernible talent, education, scruples, manners, modesty or underpants, the pretty blonde great-granddaughter of hotel magnate Conrad Hilton has waged a terrifying campaign for world domination."

Well, at least he said she was pretty. Why oh why would a man that makes living off the bad behavior of the glitterati ban the best of the worst?

GROVE: I just think that it is time to go cold turkey and get off that celebrity crack pipe.

PHILLIPS: According to Grove it won't be just one thing that Paris pass, he lists a litany of transgressions. The infamous sex tapes, taste in men he describes as distressing and he also cites her dissing of the Arkansas couple kind enough to host her on some "Simple Life" jaunt while Grove swears she's gone from his pages for good, he did leave a light on in the window just in case.

GROVE: I'm not going to be unreasonable if she discovers a cure if cancer or wins the Nobel Peace Prize. I'll be glad to revisit the issue.

PHILLIPS: So little chance then that Paris will grace Grove's pages any time soon. Sorry exile for a publicity hungry hotel heiress turned "Overkill."

(END VIDEO TAPE)

PHILLIPS (ON CAMERA): Monday on 360, the gloves come off. The best, bloodies and ugliest political battles of the year. All in the CROSSFIRE. We'll be right back.

(COMMERCIAL BREAK)

PHILLIPS: Well, before we say goodnight we just want to tell you that CNN's New Year's Eve blast, Anderson will be right in Times Square in New York for the big ball drop starting at 11 p.m. Eastern to the wee hours of the morning but he will need your help. That's right, it's the second annual invite CNN to a New Year's Eve party contest and if you are having a shindig on New Year's Eve or going to one, go to CNN.com/360, tell us why we should send a TV camera to your party. Anderson and New Year's goes together, as you know, like tranquilized bears and trampolines.

No bears harmed in the making of this promo. I promise. I'm Kyra Phillips filling in for Anderson Cooper. Thanks for watching 360. We'll be back Monday. Happy Holidays. CNN's live programming continues now with PAULA ZAHN NOW. Filling in for Paula, Soledad O'Brien. Hi, Soledad.

O'BRIEN: Hey. Thanks, Kyra.

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