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American Morning

Accused Killer Freed by FBI Fingerprint Glitch; Doctors Monitor Recovered Coma Victim

Aired May 05, 2005 - 09:30   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.


BILL HEMMER, CNN ANCHOR: Also this story. The amazing recovery of a man with severe brain damage. Donald Herbert started speaking this weekend, after almost ten years of silence. Reaction from his doctor coming up in a few moments, how he's doing. And also, a lot of concern, too, whether or not he falls back into his old ways, too. So not out of the woods yet, but there is hope for his family.
SOLEDAD O'BRIEN: Let's go to the headlines with Carol Costello this morning. Hey, Carol, good morning again.

HEMMER: Hello.

CAROL COSTELLO, CNN ANCHOR: Good morning. Good morning to all of you.

"Now in the News," a CNN security watch this morning. Police are investigating a pair of explosions outside of the building that houses the British consulate here in New York. The blast shattered some windows, but did not cause any injuries. The incident coinciding with the national elections in Britain. New York City officials stress that it's not clear if there is any connection, though.

(BEGIN VIDEO CLIP)

MAYOR MICHAEL BLOOMBERG, NEW YORK: There is, at the moment, nobody claiming credit for this. There are no -- there were no calls saying why the explosion, who the target was. We do not know the motivation. We are investigating. But there is absolutely no reason to jump to the conclusion that any one floor of that building was a particular target at this time.

(END VIDEO CLIP)

COSTELLO: Stay with CNN day and night for the most reliable news about your security.

As we just mentioned, the polls are open in Great Britain today. Voters deciding on Blair's political fate, as in Tony Blair. He's expected to win a third term, but not by a landslide. The war in Iraq has hurt his public image, and may cost him some seats in the House of Commons.

Another string of attacks in Iraq. Insurgents targeting Iraqi security forces in Baghdad, killing nearly two dozen people. One of the attacks at an Army recruitment center. That follows Wednesday's explosion at a recruiting center in Northern Iraq, which left about 60 people dead.

A big break for police investigating the precious doe case. Remember this? Authorities in Kansas City, Missouri, believe they may now have the 4-year-old case solved. She was the little girl found decapitated in a wooded area. Nobody knew who she was. Well, she's now been identified as Erica Green. The suspect now believed to be the girl's mother. We're expecting an official update from police in the next two hours.

And a California defense is getting its turn in the Michael Jackson trial. The prosecution wrapped Wednesday after two months of testimony. Sources say actor Macaulay Culkin and two other witnesses prosecutors claim were molested by Jackson will be among the first to take the stand for the defense. Proceedings expected to get underway in just about two hours. Everyone will be watching for Macaulay Culkin arriving at the courthouse.

HEMMER: Thank you, Carol.

At the FBI, a technology mix-up that's believed to have led to deadly consequences. There's a loophole in the FBI fingerprint software, apparently, that may have allowed a killer to go free.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): He was in custody in Georgia for a minor crime, public indecency. He told investigators his name was John Paul Chapman. To make sure he wasn't wanted for anything worse, the sheriff's office ran his fingerprints through the FBI's computer system, and it was then the saga began.

The computer missed something very important. This wasn't Chapman, but Jeremy Jones, and he was wanted, in Oklahoma, for sexual assault. It's rare, but the FBI computer sometimes fails to match new fingerprints with those already in the system, and this was one of those times.

STAN COPELAND, DOUGLAS COUNTY CHIEF SHERIFF'S DEPUTY: I know for a fact that this system works, much, much more than it fails. So, you know, when you have humans, humans design these computers, you know, things are going to happen.

ARENA: A new computer file was created and, from then on, Jeremy Jones was officially John Paul Chapman, fingerprints and all. Georgia officials released him, but he didn't avoid run-ins with the law and was arrested twice after that, once for criminal trespassing, and again for drug possession, his fake alias and computer file allowing him to bail out and get released each time.

COPELAND: Nothing seemed amiss. He gave the information that we needed -- Social Security number, date of birth, things like that. He was fingerprinted promptly. Those were submitted. They came back clear. So there was no reason -- we book, in and out, approximately 12,000 people a year, so he was just one of the many that came through here for charges similar to that. ARENA: The FBI and local officials say it was a technical, not human, error, but prosecutors say the glitch allowed Jones to go on a murder spree. Less than a month after he was released for the second time, police in New Orleans discovered the body of Katherine Collins (ph). She had been raped and brutally beaten. A month later, 16- year-old Amanda Greenwell (ph) disappeared, only to turn up dead in the woods not far from his home. Jones has been charged with both murders, and he told investigators that he killed a third person, Patrice Endres (ph). Her body is still missing. Her husband says he doesn't buy the FBI's explanation.

ROB ENDRES, VICTIM'S HUSBAND: I don't believe it is technological. It is human as well or protocol or SOP's, however they want to term them, they didn't do their job appropriately. To me, it's as simple as that.

ARENA: In a statement, the FBI says it regrets the "incident" and is conducting "regular audits to avoid a repeat." Officials realize nothing they say can change what happen, but want the public to know that it's computer successfully I.D.s thousands of fugitives each month. Endres says it would have been nice if he'd heard that in person.

ENDRES: Once they realized that they have this problem in the system that ultimately caused the death of four women, why wouldn't they have contacted the husbands and the parents and the daughters of the people involved?

ARENA: Jones' true identity was not discovered until September of 2004 after being taken into custody in Alabama in connection to the rape and murder of Lisa Nichols.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

HEMMER: With me now this morning, Jennifer Murphy and Amber Nichols. Police say Jeremy Jones killed their mother months after his release from custody. Good morning and my best to both of you. Thank you for your time today.

Jennifer, knowing what you know now, how do you respond to what appears to be a massive failure?

JENNIFER MURPHY, MURDER VICTIM'S DAUGHTER: It's kind of a shock, how something like this can happen, but it did. We do not -- we're not pointing the finger and blaming anyone. The only person we do blame is the person who is currently in custody. Our questions are, how did it happen, and what is the FBI going to do to prevent it from happening again?

HEMMER: I think those are excellent questions. Amber, how did you hear about the mistake?

AMBER NICHOLS, MURDER VICTIM'S DAUGHTER: We actually heard about it from the news. It would have been nice if the FBI could have contacted us and let us know, but we found out about it in the media.

HEMMER: So you're saying no one called you from the FBI?

NICHOLS: No, sir.

HEMMER: Have they contacted you since?

NICHOLS: No, sir.

HEMMER: You have not heard from anyone at the FBI, is what you're saying?

NICHOLS: Yes, sir.

HEMMER: Now your sister is saying she doesn't blame anyone at the agency. On a personal level, do you?

NICHOLS: I don't -- I don't know. I mean, I don't necessarily blame them. I'm just really, really aggravated and disappointed. These are the people who are supposed to protect us. And they let somebody like him go.

HEMMER: Jennifer, would it make a difference? I mean, your mom's gone, but would it make a difference if you had contact from the agency at this point?

MURPHY: I don't think so. An apology is an apology. It's not going to bring her back and it's not going to ease the pain that we feel. But we don't have any hate towards the FBI or any law enforcement agency that has been involved. Evidently, there are still tweaks in the system and they need to work those tweaks out, because something like this could -- it possibly could happen again. And that's what...

HEMMER: This tweak took away your mother.

MURPHY: Exactly. And not only our mother, but it took away other family members of other families. I mean, there's other victims. It goes -- but it goes far beyond just what the FBI did. He had an extensive criminal record in Oklahoma. What happened there? Why was he ever out on any type of bond in those charges? How did he use a false identification for four years and never got caught? He walked into Alabama's driver's license division, got an Alabama driver's license by having a birth certificate and a Social Security card. You have to have more identification to put a child in public school in Alabama than do you to obtain a driver's license.

HEMMER: You're exactly right about that.

MURPHY: Something's wrong there.

HEMMER: If he's convicted for the death of your mother, what's the appropriate punishment, do you believe?

MURPHY: We're seeking the death penalty.

HEMMER: Tell me about your mom. It's Mother's Day this weekend.

MURPHY: It's going to be different. It's going to be a very emotional day. Of course, any holiday that has came since her death took place, it's a new routine that we are having to learn. Routinely on holidays, we get our children, we go to our mother's house, we spend the day with her, or she comes to our house and spends the day with us. Well now we don't have that, so now we're establishing a new routine and we have a permanent void in our life because of this tragedy.

HEMMER: Amber, how do you want people to remember your mother?

NICHOLS: As just the loving, crazy person she was. You know, just -- she always had a smile on her face. She was always happy, no matter what happened, no matter how bad things were, she was always in high spirits.

HEMMER; You're saying crazy good, aren't you?

NICHOLS: Yes. Yes, sir.

HEMMER: Thanks, Amber. Thanks, Jennifer. Best of luck to both of you.

MURPHY: Thank you.

NICHOLS: Thank you.

HEMMER: All right -- Soledad.

O'BRIEN: It's nearly 20 minutes before the hour.

(WEATHER REPORT)

O'BRIEN: Well, Fox is defending its hit show "American Idol" after ABC's expose about Paula Abdul last night. Fox says the "Primetime Live" report was filled with rumor and with speculation, and says it's committed to the fairness of the show's competition.

"American Idol" finalists showered Paula Abdul with flowers last night as she battles allegations from this guy, Corey Clark. He's a former contestant. Clark said on the "Primetime Live" special that the two had an affair. He says Abdul took him under her wing, coached him on how to win, and then seduced him. Well, he didn't win. Abdul denies it all. Clark, she says, is a big old liar. Fox says it's looking into all of those charges right now.

Meanwhile, "American Idol" is down to its final four. Judges voted off R&B balladeer Scott Savol last night.

HEMMER: You got to think ABC gave Fox a whole lot of publicity, don't you think?

O'BRIEN: It only is good for Fox's ratings.

HEMMER: We'll see how many tune into the "Primetime Live" also. O'BRIEN: More than...

(CROSSTALK)

HEMMER: In a moment here, Andy's back "Minding Your Business." Word today of the biggest U.S. oil discovery in three decades, all happening in a rather unusual spot. We'll tell you where in a moment.

O'BRIEN: Plus, we've got some new details on the brain-damaged firefighter who finally spoke after nearly 10 years of silence. What kind of progress is he making right now? His doctor joins us, up next on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Earlier in the week, we told you about that injured firefighter who suddenly started speaking again after almost 10 years of near total silence. Since Saturday, startling developments. Donald Herbert has had only moments of awareness, but his family not giving up hope. His wife saying that Herbert's a fighter, and she says, the 14 hours to that he snapped out of his silence meant the world to his family.

(BEGIN VIDEO CLIP)

LINDA HERBERT, WIFE OF DONALD HERBERT: When John spoke, he was under the impression he was only away for three months. He was very surprised to find out it was nine-and-a-half years. My son, Nicholas, who had just turned four at the time of the accident, is just thrilled to have his father call him by name, hug him, and speak with him.

(END VIDEO CLIP)

HEMMER: Dr. Eileen Riley is Donald Herbert's attending physician. Good morning to you, doctor.

DR. EILEEN RILEY, FIREFIGHTER'S ATTENDING PHYSICIAN: Good morning.

HEMMER: This man's wife has said that he has had moments of lucidity. What does that mean?

RILEY: Well, basically, since Monday, when I first saw Don after this huge change, he has periods when he's more verbal. He will answer questions. Yesterday for about two hours he was actually speaking in some sentences, and it's very different than from his baseline, even a month ago.

HEMMER: What is the quality of his speech?

RILEY: You know, it's excellent, actually. I can understand everything he's saying. It's slow. He has a bit of a slow response time to questions, you know. He has to think to get the words out, but we understand everything. It's very clear.

HEMMER: Could anyone understand him, or is there effort that is needed?

RILEY: Oh, I think anyone can understand him.

HEMMER: What is the likelihood that he would stop speaking again?

RILEY: Well, it's so hard to say. I think this is such unchartered territory. You know, for the last several days, he's continued to show this improvement and have speech, so hopefully it will continue and get even better.

HEMMER: One of his doctors, Jamil Ahmed (ph), told us here at CNN, he said about three months ago he changed his medication. Did that have anything to do with what we're experiencing now?

RILEY: Well, you have to think it may have. I mean, that was the goal, that was the hope, and it might have. I mean, it's so hard to say. It's so dramatic. To me, it was such a dramatic change over the weekend, and he was on these medications since roughly December/January, so it's hard to say.

HEMMER: Even if he is speaking again, I understand there are large gaps on his memory. Can you explain that to us...

RILEY: There are.

HEMMER: ... as to why? What he remembers and what he does not?

RILEY: Well, one thing, you know, he's not aware, he was aware at first that he was gone for 10 years. Ten years have lapsed. He thought he was asleep for about three months. And from what I understand, he has never referred to any accident, any fire. He has no recollection of that at all.

You know, his youngest son was three or four at the time of his accident. He remembered him as a baby. And so when he got on the phone with him, he said no, that's not him, he's a baby, he can't talk.

So there's a huge lapse, but you know, he does have some memory now. He recognizes the voices of nurses who have been taking care of him. He knows them by name. He can hear their voice, turn towards them and say hello and greet them by name.

So there is some memory deficit, but he seems to remember the long-term memory, you know. It seems to be intact.

HEMMER: It is amazing to listen to your reports, and good luck to you, and the medical time and Don and his family up there in Buffalo, Dr. Eileen Riley.

RILEY: Thanks so much. Thanks for having me.

HEMMER: Sure.

O'BRIEN: Well, "CNN LIVE TODAY" is coming up next. Let's get right to Daryn Kagan.

Hey, Daryn. Good morning. What are you working on?

DARYN KAGAN, CNN ANCHOR: Good morning to you, Soledad.

A little early for you, but coming up at the top of the hour, we're going to talk about where is the best place to spend your golden years, tips on where to retire.

Also, police spent the last four years trying to identify this little girl, and find her killer. Now the sad case of "Precious Doe" may have finally been solved.

And we'll take you inside a police manhunt, show you how the cops catch the bad guys. It's all ahead on "CNN LIVE TODAY." We have a few good guys showing up as well.

Now back to you in New York City.

O'BRIEN: All right, Daryn, thanks.

Well, a tiny oil company snaps up a huge deal. Ahead, Andy's "Minding Your Business" with details on the biggest onshore oil discovery in 30 years, and it was found in a very unlikely place.

Stay with us. You're watching AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: A big change in management at Merck, and striking oil in the U.S. With those stories, plus a check on Wall Street, Andy Serwer is "Minding Your Business" this morning. Good morning.

ANDY SERWER, "FORTUNE" MAGAZINE: Good morning, Soledad. All kinds of news.

Let's go to the markets, first of all. And we've been dancing around, so I got to look at the board myself here. Up seven points on the Dow Industrials. Merck is the big news maker this morning. Ray Gilmartin, CEO, is out. A new man is in. Richard Clark succeeds him. He's a company insider. The stock is down a bit. Merck says in no way did we push Gilmartin out. Maybe he wanted to spend more time with his family.

A couple of addendums to my coffee report. First of all, that Starbucks Bruce Springsteen story is in "Newsweek." You should look at it there. Second of all, Soledad spilled the coffee from that Wolfgang Puck coffee little doo-dad there. Not her bad. It says don't pour.

O'BRIEN: Ah, I feel so much better.

SERWER: Don't pour it. So that was my fault. I should have told you, drink it straight out of the thing. That's how you're supposed to do it. Now, let's turn to the oil patch. The biggest discovery in the United States onshore in 30 years just occurred in Utah. Wolverine Oil and Gas, 130 miles south of Salt Lake. That's right, it's in Utah. And there it is. One billion barrels of oil apparently in this field. Now, that sounds great, but it's only enough oil to provide us with oil for 45 days. So it sounds like a lot. For instance, ANWR, which we're talking about opening up drilling there, is ten times that size. Still, a significant find. And this company, Wolverine Gas and Oil, very small company, and they're probably very, very excited over there right now.

O'BRIEN: I'll bet they -- and suddenly very rich.

SERWER: Yes, exactly.

O'BRIEN: All right, Andy, thanks.

SERWER: You're welcome.

O'BRIEN: J.C. has M.J. this morning. "Question of the Day."

JACK CAFFERTY, CNN ANCHOR: It's all about the alphabet. Did the prosecution in the Michael Jackson trial prove its case?

Laura writes: "I don't think they did. Seems the prosecution skated on the periphery of the truth, whatever that may be, and the ambiguity will probably be just enough for Jackson to walk."

Dave writes from Nevada: "For those who feel poor Michael was unjustly accused of seducing young boys, I ask them to name one young female he ever had an overnighter with."

And John in Connecticut writes: "You know, I'm angry. Michael Jackson would not be in the position he's in if he hadn't been exposed to sexually suggestive cheerleading when he was young. I think every cheerleader should be held accountable for the damage they've done to our great nation."

O'BRIEN: Put them on the witness stand. Why not? Because everybody else is going to be on the witness stand today when the defense takes over. Thank you, Jack.

O'BRIEN: Coming up tomorrow on AMERICAN MORNING, we're going to wrap our special series "Battle Fatigue." We're going to take a look at the toll that military service can take on marriage right here at home. Special steps the Army's taking, too, to help couples cope. That's tomorrow, 7:00 a.m. Eastern. We are back in just a moment.

(COMMERCIAL BREAK)

O'BRIEN: Here's Aaron Brown with a preview of what's coming up tonight on "NEWSNIGHT."

(BEGIN VIDEO CLIP)

AARON BROWN, CNN ANCHOR: Thank you, Soledad. Tonight on "NEWSNIGHT," from lost at sea to buried alive, to Tom DeLay. Stories of survival, some of them hard to believe, every one of them true. Those stories, plus all the day's other news, morning papers and everything else that makes "NEWSNIGHT," "NEWSNIGHT." CNN tonight, 10:00 p.m. Eastern -- Soledad?

(END VIDEO CLIP)

O'BRIEN: All right, Aaron, thanks. I love when he says that. Everything that makes "NEWSNIGHT," "NEWSNIGHT."

HEMMER: And tomorrow, everything that makes AMERICAN MORNING, AMERICAN MORNING.

O'BRIEN: We love stealing that line.

SERWER: On Friday.

O'BRIEN: That's it. We're out of time, guys. We'll see you back here tomorrow. Let's get right to Daryn Kagan. She's at the CNN Center. Good morning, Daryn.

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 May 5, 2005 - 09:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Also this story. The amazing recovery of a man with severe brain damage. Donald Herbert started speaking this weekend, after almost ten years of silence. Reaction from his doctor coming up in a few moments, how he's doing. And also, a lot of concern, too, whether or not he falls back into his old ways, too. So not out of the woods yet, but there is hope for his family.
SOLEDAD O'BRIEN: Let's go to the headlines with Carol Costello this morning. Hey, Carol, good morning again.

HEMMER: Hello.

CAROL COSTELLO, CNN ANCHOR: Good morning. Good morning to all of you.

"Now in the News," a CNN security watch this morning. Police are investigating a pair of explosions outside of the building that houses the British consulate here in New York. The blast shattered some windows, but did not cause any injuries. The incident coinciding with the national elections in Britain. New York City officials stress that it's not clear if there is any connection, though.

(BEGIN VIDEO CLIP)

MAYOR MICHAEL BLOOMBERG, NEW YORK: There is, at the moment, nobody claiming credit for this. There are no -- there were no calls saying why the explosion, who the target was. We do not know the motivation. We are investigating. But there is absolutely no reason to jump to the conclusion that any one floor of that building was a particular target at this time.

(END VIDEO CLIP)

COSTELLO: Stay with CNN day and night for the most reliable news about your security.

As we just mentioned, the polls are open in Great Britain today. Voters deciding on Blair's political fate, as in Tony Blair. He's expected to win a third term, but not by a landslide. The war in Iraq has hurt his public image, and may cost him some seats in the House of Commons.

Another string of attacks in Iraq. Insurgents targeting Iraqi security forces in Baghdad, killing nearly two dozen people. One of the attacks at an Army recruitment center. That follows Wednesday's explosion at a recruiting center in Northern Iraq, which left about 60 people dead.

A big break for police investigating the precious doe case. Remember this? Authorities in Kansas City, Missouri, believe they may now have the 4-year-old case solved. She was the little girl found decapitated in a wooded area. Nobody knew who she was. Well, she's now been identified as Erica Green. The suspect now believed to be the girl's mother. We're expecting an official update from police in the next two hours.

And a California defense is getting its turn in the Michael Jackson trial. The prosecution wrapped Wednesday after two months of testimony. Sources say actor Macaulay Culkin and two other witnesses prosecutors claim were molested by Jackson will be among the first to take the stand for the defense. Proceedings expected to get underway in just about two hours. Everyone will be watching for Macaulay Culkin arriving at the courthouse.

HEMMER: Thank you, Carol.

At the FBI, a technology mix-up that's believed to have led to deadly consequences. There's a loophole in the FBI fingerprint software, apparently, that may have allowed a killer to go free.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): He was in custody in Georgia for a minor crime, public indecency. He told investigators his name was John Paul Chapman. To make sure he wasn't wanted for anything worse, the sheriff's office ran his fingerprints through the FBI's computer system, and it was then the saga began.

The computer missed something very important. This wasn't Chapman, but Jeremy Jones, and he was wanted, in Oklahoma, for sexual assault. It's rare, but the FBI computer sometimes fails to match new fingerprints with those already in the system, and this was one of those times.

STAN COPELAND, DOUGLAS COUNTY CHIEF SHERIFF'S DEPUTY: I know for a fact that this system works, much, much more than it fails. So, you know, when you have humans, humans design these computers, you know, things are going to happen.

ARENA: A new computer file was created and, from then on, Jeremy Jones was officially John Paul Chapman, fingerprints and all. Georgia officials released him, but he didn't avoid run-ins with the law and was arrested twice after that, once for criminal trespassing, and again for drug possession, his fake alias and computer file allowing him to bail out and get released each time.

COPELAND: Nothing seemed amiss. He gave the information that we needed -- Social Security number, date of birth, things like that. He was fingerprinted promptly. Those were submitted. They came back clear. So there was no reason -- we book, in and out, approximately 12,000 people a year, so he was just one of the many that came through here for charges similar to that. ARENA: The FBI and local officials say it was a technical, not human, error, but prosecutors say the glitch allowed Jones to go on a murder spree. Less than a month after he was released for the second time, police in New Orleans discovered the body of Katherine Collins (ph). She had been raped and brutally beaten. A month later, 16- year-old Amanda Greenwell (ph) disappeared, only to turn up dead in the woods not far from his home. Jones has been charged with both murders, and he told investigators that he killed a third person, Patrice Endres (ph). Her body is still missing. Her husband says he doesn't buy the FBI's explanation.

ROB ENDRES, VICTIM'S HUSBAND: I don't believe it is technological. It is human as well or protocol or SOP's, however they want to term them, they didn't do their job appropriately. To me, it's as simple as that.

ARENA: In a statement, the FBI says it regrets the "incident" and is conducting "regular audits to avoid a repeat." Officials realize nothing they say can change what happen, but want the public to know that it's computer successfully I.D.s thousands of fugitives each month. Endres says it would have been nice if he'd heard that in person.

ENDRES: Once they realized that they have this problem in the system that ultimately caused the death of four women, why wouldn't they have contacted the husbands and the parents and the daughters of the people involved?

ARENA: Jones' true identity was not discovered until September of 2004 after being taken into custody in Alabama in connection to the rape and murder of Lisa Nichols.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

HEMMER: With me now this morning, Jennifer Murphy and Amber Nichols. Police say Jeremy Jones killed their mother months after his release from custody. Good morning and my best to both of you. Thank you for your time today.

Jennifer, knowing what you know now, how do you respond to what appears to be a massive failure?

JENNIFER MURPHY, MURDER VICTIM'S DAUGHTER: It's kind of a shock, how something like this can happen, but it did. We do not -- we're not pointing the finger and blaming anyone. The only person we do blame is the person who is currently in custody. Our questions are, how did it happen, and what is the FBI going to do to prevent it from happening again?

HEMMER: I think those are excellent questions. Amber, how did you hear about the mistake?

AMBER NICHOLS, MURDER VICTIM'S DAUGHTER: We actually heard about it from the news. It would have been nice if the FBI could have contacted us and let us know, but we found out about it in the media.

HEMMER: So you're saying no one called you from the FBI?

NICHOLS: No, sir.

HEMMER: Have they contacted you since?

NICHOLS: No, sir.

HEMMER: You have not heard from anyone at the FBI, is what you're saying?

NICHOLS: Yes, sir.

HEMMER: Now your sister is saying she doesn't blame anyone at the agency. On a personal level, do you?

NICHOLS: I don't -- I don't know. I mean, I don't necessarily blame them. I'm just really, really aggravated and disappointed. These are the people who are supposed to protect us. And they let somebody like him go.

HEMMER: Jennifer, would it make a difference? I mean, your mom's gone, but would it make a difference if you had contact from the agency at this point?

MURPHY: I don't think so. An apology is an apology. It's not going to bring her back and it's not going to ease the pain that we feel. But we don't have any hate towards the FBI or any law enforcement agency that has been involved. Evidently, there are still tweaks in the system and they need to work those tweaks out, because something like this could -- it possibly could happen again. And that's what...

HEMMER: This tweak took away your mother.

MURPHY: Exactly. And not only our mother, but it took away other family members of other families. I mean, there's other victims. It goes -- but it goes far beyond just what the FBI did. He had an extensive criminal record in Oklahoma. What happened there? Why was he ever out on any type of bond in those charges? How did he use a false identification for four years and never got caught? He walked into Alabama's driver's license division, got an Alabama driver's license by having a birth certificate and a Social Security card. You have to have more identification to put a child in public school in Alabama than do you to obtain a driver's license.

HEMMER: You're exactly right about that.

MURPHY: Something's wrong there.

HEMMER: If he's convicted for the death of your mother, what's the appropriate punishment, do you believe?

MURPHY: We're seeking the death penalty.

HEMMER: Tell me about your mom. It's Mother's Day this weekend.

MURPHY: It's going to be different. It's going to be a very emotional day. Of course, any holiday that has came since her death took place, it's a new routine that we are having to learn. Routinely on holidays, we get our children, we go to our mother's house, we spend the day with her, or she comes to our house and spends the day with us. Well now we don't have that, so now we're establishing a new routine and we have a permanent void in our life because of this tragedy.

HEMMER: Amber, how do you want people to remember your mother?

NICHOLS: As just the loving, crazy person she was. You know, just -- she always had a smile on her face. She was always happy, no matter what happened, no matter how bad things were, she was always in high spirits.

HEMMER; You're saying crazy good, aren't you?

NICHOLS: Yes. Yes, sir.

HEMMER: Thanks, Amber. Thanks, Jennifer. Best of luck to both of you.

MURPHY: Thank you.

NICHOLS: Thank you.

HEMMER: All right -- Soledad.

O'BRIEN: It's nearly 20 minutes before the hour.

(WEATHER REPORT)

O'BRIEN: Well, Fox is defending its hit show "American Idol" after ABC's expose about Paula Abdul last night. Fox says the "Primetime Live" report was filled with rumor and with speculation, and says it's committed to the fairness of the show's competition.

"American Idol" finalists showered Paula Abdul with flowers last night as she battles allegations from this guy, Corey Clark. He's a former contestant. Clark said on the "Primetime Live" special that the two had an affair. He says Abdul took him under her wing, coached him on how to win, and then seduced him. Well, he didn't win. Abdul denies it all. Clark, she says, is a big old liar. Fox says it's looking into all of those charges right now.

Meanwhile, "American Idol" is down to its final four. Judges voted off R&B balladeer Scott Savol last night.

HEMMER: You got to think ABC gave Fox a whole lot of publicity, don't you think?

O'BRIEN: It only is good for Fox's ratings.

HEMMER: We'll see how many tune into the "Primetime Live" also. O'BRIEN: More than...

(CROSSTALK)

HEMMER: In a moment here, Andy's back "Minding Your Business." Word today of the biggest U.S. oil discovery in three decades, all happening in a rather unusual spot. We'll tell you where in a moment.

O'BRIEN: Plus, we've got some new details on the brain-damaged firefighter who finally spoke after nearly 10 years of silence. What kind of progress is he making right now? His doctor joins us, up next on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Earlier in the week, we told you about that injured firefighter who suddenly started speaking again after almost 10 years of near total silence. Since Saturday, startling developments. Donald Herbert has had only moments of awareness, but his family not giving up hope. His wife saying that Herbert's a fighter, and she says, the 14 hours to that he snapped out of his silence meant the world to his family.

(BEGIN VIDEO CLIP)

LINDA HERBERT, WIFE OF DONALD HERBERT: When John spoke, he was under the impression he was only away for three months. He was very surprised to find out it was nine-and-a-half years. My son, Nicholas, who had just turned four at the time of the accident, is just thrilled to have his father call him by name, hug him, and speak with him.

(END VIDEO CLIP)

HEMMER: Dr. Eileen Riley is Donald Herbert's attending physician. Good morning to you, doctor.

DR. EILEEN RILEY, FIREFIGHTER'S ATTENDING PHYSICIAN: Good morning.

HEMMER: This man's wife has said that he has had moments of lucidity. What does that mean?

RILEY: Well, basically, since Monday, when I first saw Don after this huge change, he has periods when he's more verbal. He will answer questions. Yesterday for about two hours he was actually speaking in some sentences, and it's very different than from his baseline, even a month ago.

HEMMER: What is the quality of his speech?

RILEY: You know, it's excellent, actually. I can understand everything he's saying. It's slow. He has a bit of a slow response time to questions, you know. He has to think to get the words out, but we understand everything. It's very clear.

HEMMER: Could anyone understand him, or is there effort that is needed?

RILEY: Oh, I think anyone can understand him.

HEMMER: What is the likelihood that he would stop speaking again?

RILEY: Well, it's so hard to say. I think this is such unchartered territory. You know, for the last several days, he's continued to show this improvement and have speech, so hopefully it will continue and get even better.

HEMMER: One of his doctors, Jamil Ahmed (ph), told us here at CNN, he said about three months ago he changed his medication. Did that have anything to do with what we're experiencing now?

RILEY: Well, you have to think it may have. I mean, that was the goal, that was the hope, and it might have. I mean, it's so hard to say. It's so dramatic. To me, it was such a dramatic change over the weekend, and he was on these medications since roughly December/January, so it's hard to say.

HEMMER: Even if he is speaking again, I understand there are large gaps on his memory. Can you explain that to us...

RILEY: There are.

HEMMER: ... as to why? What he remembers and what he does not?

RILEY: Well, one thing, you know, he's not aware, he was aware at first that he was gone for 10 years. Ten years have lapsed. He thought he was asleep for about three months. And from what I understand, he has never referred to any accident, any fire. He has no recollection of that at all.

You know, his youngest son was three or four at the time of his accident. He remembered him as a baby. And so when he got on the phone with him, he said no, that's not him, he's a baby, he can't talk.

So there's a huge lapse, but you know, he does have some memory now. He recognizes the voices of nurses who have been taking care of him. He knows them by name. He can hear their voice, turn towards them and say hello and greet them by name.

So there is some memory deficit, but he seems to remember the long-term memory, you know. It seems to be intact.

HEMMER: It is amazing to listen to your reports, and good luck to you, and the medical time and Don and his family up there in Buffalo, Dr. Eileen Riley.

RILEY: Thanks so much. Thanks for having me.

HEMMER: Sure.

O'BRIEN: Well, "CNN LIVE TODAY" is coming up next. Let's get right to Daryn Kagan.

Hey, Daryn. Good morning. What are you working on?

DARYN KAGAN, CNN ANCHOR: Good morning to you, Soledad.

A little early for you, but coming up at the top of the hour, we're going to talk about where is the best place to spend your golden years, tips on where to retire.

Also, police spent the last four years trying to identify this little girl, and find her killer. Now the sad case of "Precious Doe" may have finally been solved.

And we'll take you inside a police manhunt, show you how the cops catch the bad guys. It's all ahead on "CNN LIVE TODAY." We have a few good guys showing up as well.

Now back to you in New York City.

O'BRIEN: All right, Daryn, thanks.

Well, a tiny oil company snaps up a huge deal. Ahead, Andy's "Minding Your Business" with details on the biggest onshore oil discovery in 30 years, and it was found in a very unlikely place.

Stay with us. You're watching AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: A big change in management at Merck, and striking oil in the U.S. With those stories, plus a check on Wall Street, Andy Serwer is "Minding Your Business" this morning. Good morning.

ANDY SERWER, "FORTUNE" MAGAZINE: Good morning, Soledad. All kinds of news.

Let's go to the markets, first of all. And we've been dancing around, so I got to look at the board myself here. Up seven points on the Dow Industrials. Merck is the big news maker this morning. Ray Gilmartin, CEO, is out. A new man is in. Richard Clark succeeds him. He's a company insider. The stock is down a bit. Merck says in no way did we push Gilmartin out. Maybe he wanted to spend more time with his family.

A couple of addendums to my coffee report. First of all, that Starbucks Bruce Springsteen story is in "Newsweek." You should look at it there. Second of all, Soledad spilled the coffee from that Wolfgang Puck coffee little doo-dad there. Not her bad. It says don't pour.

O'BRIEN: Ah, I feel so much better.

SERWER: Don't pour it. So that was my fault. I should have told you, drink it straight out of the thing. That's how you're supposed to do it. Now, let's turn to the oil patch. The biggest discovery in the United States onshore in 30 years just occurred in Utah. Wolverine Oil and Gas, 130 miles south of Salt Lake. That's right, it's in Utah. And there it is. One billion barrels of oil apparently in this field. Now, that sounds great, but it's only enough oil to provide us with oil for 45 days. So it sounds like a lot. For instance, ANWR, which we're talking about opening up drilling there, is ten times that size. Still, a significant find. And this company, Wolverine Gas and Oil, very small company, and they're probably very, very excited over there right now.

O'BRIEN: I'll bet they -- and suddenly very rich.

SERWER: Yes, exactly.

O'BRIEN: All right, Andy, thanks.

SERWER: You're welcome.

O'BRIEN: J.C. has M.J. this morning. "Question of the Day."

JACK CAFFERTY, CNN ANCHOR: It's all about the alphabet. Did the prosecution in the Michael Jackson trial prove its case?

Laura writes: "I don't think they did. Seems the prosecution skated on the periphery of the truth, whatever that may be, and the ambiguity will probably be just enough for Jackson to walk."

Dave writes from Nevada: "For those who feel poor Michael was unjustly accused of seducing young boys, I ask them to name one young female he ever had an overnighter with."

And John in Connecticut writes: "You know, I'm angry. Michael Jackson would not be in the position he's in if he hadn't been exposed to sexually suggestive cheerleading when he was young. I think every cheerleader should be held accountable for the damage they've done to our great nation."

O'BRIEN: Put them on the witness stand. Why not? Because everybody else is going to be on the witness stand today when the defense takes over. Thank you, Jack.

O'BRIEN: Coming up tomorrow on AMERICAN MORNING, we're going to wrap our special series "Battle Fatigue." We're going to take a look at the toll that military service can take on marriage right here at home. Special steps the Army's taking, too, to help couples cope. That's tomorrow, 7:00 a.m. Eastern. We are back in just a moment.

(COMMERCIAL BREAK)

O'BRIEN: Here's Aaron Brown with a preview of what's coming up tonight on "NEWSNIGHT."

(BEGIN VIDEO CLIP)

AARON BROWN, CNN ANCHOR: Thank you, Soledad. Tonight on "NEWSNIGHT," from lost at sea to buried alive, to Tom DeLay. Stories of survival, some of them hard to believe, every one of them true. Those stories, plus all the day's other news, morning papers and everything else that makes "NEWSNIGHT," "NEWSNIGHT." CNN tonight, 10:00 p.m. Eastern -- Soledad?

(END VIDEO CLIP)

O'BRIEN: All right, Aaron, thanks. I love when he says that. Everything that makes "NEWSNIGHT," "NEWSNIGHT."

HEMMER: And tomorrow, everything that makes AMERICAN MORNING, AMERICAN MORNING.

O'BRIEN: We love stealing that line.

SERWER: On Friday.

O'BRIEN: That's it. We're out of time, guys. We'll see you back here tomorrow. Let's get right to Daryn Kagan. She's at the CNN Center. Good morning, Daryn.

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