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American Morning

Consulate Blast in NYC; Defense Takes Over; Abu Ghraib Mistrial

Aired May 05, 2005 - 09:01   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: We have a CNN "Security Watch" at this hour. Explosions outside the New York building where the British Consulate is located, just as the British were going to the polls in London.
Also, 23 dead, a series of attacks again today in Iraq. Insurgents have now claimed well over 200 lives in a week of increasing violence there.

And we may hear from the runaway bride today. Criminal charges under consideration. Will an apology, though, make it all go away? We'll have it this hour on AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome back, everybody.

Michael Jackson's lawyer is going to begin his defense today. Many people feel the case against him won't hold up. But we're also going to hear why the prosecution may have proved its point.

HEMMER: Also, a simple software glitch turned out to be a deadly mistake. A problem with the FBI's fingerprint system allowed a very dangerous man to remain free. He's now suspected in three different murders.

O'BRIEN: It's a terrible story. We'll get on that.

HEMMER: Yes.

O'BRIEN: Jack, good morning.

JACK CAFFERTY, CNN ANCHOR: Good morning.

Back to Michael Jackson. Do you think the prosecution proved its case that he is, in fact, a child molester? AM@CNN.com is the e-mail address.

O'BRIEN: All right. Mr. Cafferty, thank you very much.

Our top story this morning is two small explosions earlier in front of that building that houses the British Consulate in New York City. Investigators -- authorities, rather, are investigating now whether those blasts are connected in any way to today's election in Great Britain. It is the focus of our CNN "Security Watch" this morning , and Jason Carroll is on the scene live for us.

Jason, good morning. Let's start with what you've learned so far about these blasts.

JASON CARROLL, CNN CORRESPONDENT: Well, New York City's mayor, Michael Bloomberg, before we even start talking about the blast, is asking the public not to draw any conclusions about who did this or why. Having said that, though, investigators did give us more information about these improvised explosive devices, two of them, which were found in front of the building.

They were found, actually, stashed inside one of 12 concrete planters in front of the building which happens to house the British -- the British Consulate. They've described these devices as looking like novelty grenades or toy grenades, if you will. In fact, police commissioner Ray Kelly gave just a few more details about exactly what these devices looked like and what was inside them.

(BEGIN VIDEO CLIP)

RAY KELLY, NYPD COMMISSIONER: We believe these to be two to novelty-type grenades.

UNIDENTIFIED FEMALE: What do you mean by that?

KELLY: World War II type. In other words, the type that people might have on their desk.

UNIDENTIFIED FEMALE: Were they real or fake?

KELLY: No, they were, as I say, novelty. We believe they're fake grenades, not active hand grenades. But we believe that they were packed with some powder, perhaps black powder put inside the body of these two novelty grenades.

(END VIDEO CLIP)

CARROLL: Of course, the big question here, Soledad, is motive. Who did this and why? And investigators at this point are saying that there were no previous threats or phone calls before the explosion took place, or after.

It was a relatively small explosion. There was some minor damage done to a glass panel on the first floor of the building. So far, no one has reported seeing anything. This according to investigators, who will be reviewing security cameras of the various buildings to see if they can get any clues from there.

They'll also be interviewing security guards and doormen from the various areas as well. Once again, the police commissioner, as well as New York City Mayor Michael Bloomberg, asking everyone not to draw any conclusions about who did this. And, in fact, they're hoping to open up the building later today -- Soledad.

O'BRIEN: And the investigation. Jason Carroll for us, just a couple of blocks away in Midtown. Jason, thanks. And you'll want to stay tuned to CNN day and night for the most reliable news about your security.

Time to get a check on the other headline this morning with Carol Costello.

Good morning.

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

"Now in the News," while investigators look into that Consulate blast here in New York, as we just mentioned the polls are open in Britain. Voters are expected to give British Prime Minister Tony Blair a third term in office despite heavy criticism over the Iraq war. First results could begin coming in at about 7:30 p.m. Eastern Time.

Insurgents targeting Iraqi security forces once again in Iraq. At least 23 people have been killed this morning in a series of attacks in Baghdad. One of the strikes was at an Iraqi army recruitment center.

A story that is unfolding right now. Police in Kansas City, Missouri, believe they may now have the 4-year-old Precious Doe case solved. Do you remember this?

This was the little girl found decapitated in a wooded area back in 2001. No one was able to identify her. Well, she's now been identified as Erica Green.

The suspect? Guess who? Believed to be the girl's mother. We're expecting an official update from police in the next two hours.

And President Bush is marking this National Day of Prayer. You're looking at live pictures. There it is.

The president will be delivering remarks shortly in the East Room of the White House. Religious leaders among the 150 people attending this event. Mr. Bush later meets with Nigeria's president, and he leaves tomorrow for a trip to Europe -- Bill.

HEMMER: Carol, thanks.

We'll get you live to the East Room when that program begins there from the White House.

But first, the people versus Michael Jackson this morning. And after more than two months and more than 80 witnesses, the prosecution rested.

More from you from CNN's Rusty Dornin in California.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): The 87th and final witness for the prosecution was expected to be a blockbuster. But according to some legal analysts, appeared to fall short. Prosecutors hoped Rudy Provencio would tie Jackson to conspiracy charges involving the family.

JIM MORET, LEGAL ANALYST: This witness did not connect Michael Jackson to any criminal activity. This witness is basically folding on the stand. Nothing that he says is linking up to anything that he said before.

DORNIN: Provencio claims he took notes about conversations he overheard between Jackson's close advisers. Notes that Provencio later admitted on cross-examination he just found in a storage unit last month.

Provencio claimed Debbie Rowe, Jackson's ex-wife, was coached during a tape she made defending Jackson. During the taped session, Provencio claims Rowe was asked to "cry better next time," and that contradicts what Provencio told police earlier when he characterized Rowe's taped appearance as honest and sincere.

Provencio also gave conflicting testimony as to whether Jackson was really in charge and whether the pop star knew what was going on at Neverland.

TRENT COPELAND, LEGAL ANALYST: All of these things seem to suggest to this jury, and they have to at this point, because literally, this is the prosecution's last witness, and all of these things will clearly suggest to this jury that Michael Jackson didn't know what was going on. And if this is the essence, if this is the heart of the prosecution's conspiracy case against Michael Jackson, then this woman has almost single-handedly come in and completely dismantled it.

DORNIN: Now it's the defense's turn. At least three young men are expected to take the stand, including former child star Macaulay Culkin. All are expected to deny they were molested, something the prosecution and several of its witnesses claim.

(on camera): But first, the defense will ask for a mistrial in one motion and an acquittal in another. If both are turned down, the defense will begin calling its first witnesses.

Rusty Dornin, CNN, Santa Maria, California.

(END VIDEOTAPE)

HEMMER: So then, where do we stand this morning? Legal analyst Jeffrey Toobin is back with me.

Good morning. You say the prosecution ended on a relatively strong note.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well...

HEMMER: Relative to what? TOOBIN: Relative to the rest of their case. I mean, their -- this witness did create the impression that there was sinister activity going on in terms of pressuring the victim's family, the alleged victim's family, to participate in this rebuttal video to the Martin Bashir documentary.

However, the big problem with the testimony is that it's the people around Jackson who appear to be making the threats, not Jackson himself. And he didn't have any real evidence pointing to Jackson, who is, after all, the defendant here, orchestrating this conspiracy.

HEMMER: But as they -- as they wrapped up, their focus on the conspiracy theory. But this trial is about molestation.

TOOBIN: You know, that has been such a big problem in this case, is that this conspiracy count, the proof is pathetically weak. The -- but they spent a tremendous amount of time on it. The molestation count is certainly stronger. I don't know how strong it is, but it is stronger. But they diffused the effect of their case because of spending so much time on the conspiracy.

HEMMER: Get back to this whole idea about the timing of the accusations. Why do you think that is so critical? And how much did we really learn about that in the past two months?

TOOBIN: You know, we -- it came up in the beginning of the trial, but it is such an important part of this case. And you can expect a lot of it on the defense summation.

Remember the facts, undisputed facts here. Jackson and the accuser knew each other for about two years, spent a lot of time together on and off. Then the Bashir doubt documentary takes place, February 2003, then there's all this attention on what their relationship was like, did, you know, investigations start -- that's when these films are out.

OK. The prosecution claims that Jackson started molesting this boy after the documentary. He had access to him all this time, but it's only when the whole country is wondering whether he's a child molester that's when he starts molesting the boy?

HEMMER: That could be significant there.

TOOBIN: That -- it's just -- I mean, it's conceivable that it happened, but it's just not very plausible. And if you add that to all the other problems in the case, I mean, I'm telling you, it seems like a weak case.

HEMMER: Go to the defense now. Macaulay Culkin, say he takes the stand. Say he's first up. What does he say?

TOOBIN: He says, "Michael Jackson never molested me."

HEMMER: What does Tom Sneddon come back and say?

TOOBIN: Good question. I'd be very interested to find out. I don't know.

He says, well, you know, isn't it -- isn't it true that, you know, it's embarrassing to be accused of being molested? To point out that even victims don't always tell the truth.

But here you are. I mean, you know, you, the prosecutor, are trying to show a pattern of behavior, and the alleged victim's coming in and saying, "It didn't happen." I don't know what he's going to say. I mean, I think it's a big problem.

HEMMER: How long does the defense go? The prosecution goes two months. Ten weeks, how long?

TOOBIN: Always less than you think. Defense cases always last a short time. I would say less than two weeks.

HEMMER: Yes. And I'm wondering...

TOOBIN: How long do they have to go? I mean, here we are, we're talking about all the problems in the prosecution's case. Defense hasn't even started it.

HEMMER: Do you remember six weeks ago we had this report that jurors were laughing at some of the testimony? If that is true, I'm wondering if this verdict comes back, and if Michael Jackson walks, I'm wondering if that is a key event in this trial that we'll look back on based on how the jurors are reacting to this testimony.

TOOBIN: Absolutely. And that was one of the alleged victims of his abuse, is when they were supposedly laughing. When he said, "Michael Jackson tickled me," and the jurors, according to some witnesses, were sort of laughing, oh, poor me, Michael Jackson tickled -- I mean, it's...

HEMMER: We don't have a vote in this, by the way.

TOOBIN: We certainly don't.

HEMMER: Thank the jurors. Thank you, Jeff. Jeff Toobin.

TOOBIN: All right.

HEMMER: Soledad.

O'BRIEN: Well, the case of former Abu Ghraib prison guard Lynndie England is suddenly back to square one. Just how did that case unravel? Here's CNN's Susan Candiotti from Ft. Hood, Texas.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): In the beginning, Lynndie England told Army investigators what happened at Abu Ghraib was done just for fun. In the end, it was her court- martial that turned into a carnival.

England arrived in court with a secret deal already set, a shorter sentence promised for her guilty pleas. Her mother came too, holding England's new baby boy in her arms.

Then, convicted guard Charles Graner, reported to be the father of her son and the man who made her the poster child of the prison scandal, got her in trouble again. Testifying to try to help England, Graner said she was following his orders when she posed with a prisoner on a leash. He called this a training picture.

The judge erupted. He reminded England she had admitted she knew what she did was wrong. He told her lawyers, "You cannot have it both ways." The judge threw out her guilty plea on that count, threw out her deal with the government, threw out the promise of a limit on her sentence, and declared a mistrial.

UNIDENTIFIED MALE: Do you think you made the mistake or the government made the mistake, sir?

CANDIOTTI: Military law experts say it won't be long before England is back in court.

EUGENE FIDELL, MILITARY LAW EXPERT: The charges are serious charges. The country is not about to walk away. The United States government is not about to walk away from these charges.

UNIDENTIFIED FEMALE: This is ridiculous. Get out of the way!

CANDIOTTI: England left, her legal team bristling at reporters.

UNIDENTIFIED MALE: Will you stop, please?

UNIDENTIFIED FEMALE: Get away!

CANDIOTTI: A woman once again very much in the eye of a storm.

(END VIDEOTAPE)

CANDIOTTI: It's not known when the Army will make its next move. Some military law experts predict it may just be a few weeks before prosecutors re-file charges against Lynndie England. If that happens, it could allow her defense attorneys to try to re-negotiate a plea deal, which some say might not be as generous as the last time -- Soledad.

O'BRIEN: Susan Candiotti for us this morning. Susan, thanks -- Bill.

HEMMER: A check of the weather right now.

(WEATHER REPORT)

O'BRIEN: In just a moment, the latest on that remarkable story out of Buffalo. The brain-damaged firefighter who finally spoke after 10 years of silence. Well, his doctor tells us what the future now holds for him.

HEMMER: Also, the runaway bride in Georgia ready to release a statement. Her lawyer says she is sorry. Will that be enough to keep her out of more trouble?

Back in a moment here after this on the Thursday edition of AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Jennifer Wilbanks, the so-called runaway bride in Georgia, expected to issue a statement later today in her home state. Her lawyer says Wilbanks is now seeking professional help, and is in no condition to talk. And she says Wilbanks is sorry.

(BEGIN VIDEOTAPE)

LYDIA SARTAIN, JENNIFER WILBANKS' ATTORNEY: She deeply regrets the inconvenience and the pain that she has caused people. So she very, very definitely is apologetic.

HEMMER (voice-over): Speaking through her attorney, runaway bride Jennifer Wilbanks explains why she faked her own kidnapping just days before her wedding. The Georgia woman's disappearance set off a nationwide search. She resurfaced four days later in Albuquerque, New Mexico. Her lawyer says Wilbanks had not planned to skip town, even though she had bought a bus ticket in advance.

SARTAIN: And it's true she bought the ticket a few days earlier, and just sort of as a safety precaution. And she was feeling that if she couldn't get through the day and the days to come, that she would have that, that she could leave on the bus. And in her mind, she used that ticket at the last -- you know, at the last time that she could.

HEMMER: Wilbanks' fiance says he wants her back. But neighbors in Duluth, Georgia, who frantically searched after Wilbanks went missing, are less forgiving.

UNIDENTIFIED FEMALE: She took off without considering anybody, her family included. And caused a great deal of -- you know, of trouble and pain to this community.

UNIDENTIFIED MALE: She should pay some type of a penalty.

HEMMER: Wilbanks could still face criminal and civil charges. Her attorney hopes a statement of apology will be enough to heal everyone's pain.

SARTAIN: What she really is, is a very troubled young woman who got caught up in something that she just was not able to adequately manage. Understandably, she knows she -- there are consequences to her action, and there are a variety of ways that she will suffer those consequences. But I do not believe that a criminal prosecution would be appropriate or serve any purpose.

(END VIDEOTAPE)

HEMMER: So here is what we believe to know. Later today, the statement from Wilbanks will be released at a news conference to at 4:00 Eastern, 1:00 on the West Coast. And certainly we will have live coverage for the next shoe to fall in this story -- Soledad.

O'BRIEN: And coming up in just a moment, the computer glitch that let a suspected serial killer go free. Two sisters say their mother died because of that mistake. Their story ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody. The "Question of the Day" involves Michael Jackson and the trial.

CAFFERTY: Yes, it does. Thanks, Soledad.

The prosecution rested, but they may have come up short. Ten weeks of testimony, and a lot of people don't think they got the job done, that Tom Sneddon and his gang did not prove that Michael Jackson is a child molester.

Witness after witness fell apart on the stand. The alleged victim contradicted himself, even admitted to lying. His mother wasn't much better. Jackson's ex-wife, Debbie Rowe, spent most of the time on the stand talking about what a great husband and father Michael Jackson is.

Unbelievable. The question is this: did the prosecution in the Michael Jackson trial prove its case?

D.W. writes from California, "There didn't seem to be any damning evidence, but I'm not sure that matters. Lately, I've gotten the impression that juries vote guilty or not guilty based on their personal like or dislike of the defendant. Trials seem to end up as popularity contests."

Michelle in New York, "We all said the same thing about the Scott Peterson case. All circumstantial, no evidence except a hair found in some pliers. And that jury connected. Let's just hope the jury in this case is just as bright."

Juan writes, "I truly think he's guilty, but the prosecution has done nothing to prove beyond a reasonable doubt that this strange man- woman, black-white individual has done what they are accusing him of."

And Ian writes from Rhode Island, "They got him on that new law, three tykes and you're out."

O'BRIEN: Oh.

HEMMER: Oh, man.

O'BRIEN: Oh, that's not even funny. What I don't understand is, the prosecution, witness after witness imploded on the stand.

HEMMER: It seemed like everybody had a double-edged sword.

O'BRIEN: Everybody.

HEMMER: Especially the critical witnesses, too.

O'BRIEN: Yes, everybody -- you know, everyone they based the case on.

HEMMER: And the thing we were talking about with Toobin, though, you remember six weeks ago where there was a report about these jurors were laughing at some of the testimony and making jokes about it?

O'BRIEN: That's a bad sign.

HEMMER: If that is true, that is not a good sign for the prosecution.

O'BRIEN: Laughing, always a bad sign.

HEMMER: Jack, thanks for that.

Last night, ABC's heavily hyped expose about "American Idol" aired finally. "Idol" producers now firing back, a shot of their own this morning. We'll get to that after a break on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: You're listening to President Bush in the East Room of the White House, where a National Day of Prayer is just getting under way. The president greeting about 150 folks who represent various denominations, religious denominations in the Christian community, and rabbis and Muslims who have come to join in this National Day of Prayer.

They hope to be respected more fully by millions around the country who will go to public places of worship to also pray. It's an event that actually dates back to 1775.

Welcome back. It's almost exactly half past the hour on this AMERICAN MORNING.

A suspected serial killer may have been freed to kill because of a computer mistake. This morning we're going to hear about a software problem with the FBI's fingerprint system. We'll also talk to the daughters of one of the alleged victims.

HEMMER: Such a tragic story, too.

O'BRIEN: Yes.

HEMMER: Also, this story, the amazing recovery of a man with severe brain damage. Donald Herbert started speaking this weekend after almost 10 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.

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 - 09:01   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: We have a CNN "Security Watch" at this hour. Explosions outside the New York building where the British Consulate is located, just as the British were going to the polls in London.
Also, 23 dead, a series of attacks again today in Iraq. Insurgents have now claimed well over 200 lives in a week of increasing violence there.

And we may hear from the runaway bride today. Criminal charges under consideration. Will an apology, though, make it all go away? We'll have it this hour on AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Bill Hemmer and Soledad O'Brien.

SOLEDAD O'BRIEN, CNN ANCHOR: Good morning. Welcome back, everybody.

Michael Jackson's lawyer is going to begin his defense today. Many people feel the case against him won't hold up. But we're also going to hear why the prosecution may have proved its point.

HEMMER: Also, a simple software glitch turned out to be a deadly mistake. A problem with the FBI's fingerprint system allowed a very dangerous man to remain free. He's now suspected in three different murders.

O'BRIEN: It's a terrible story. We'll get on that.

HEMMER: Yes.

O'BRIEN: Jack, good morning.

JACK CAFFERTY, CNN ANCHOR: Good morning.

Back to Michael Jackson. Do you think the prosecution proved its case that he is, in fact, a child molester? AM@CNN.com is the e-mail address.

O'BRIEN: All right. Mr. Cafferty, thank you very much.

Our top story this morning is two small explosions earlier in front of that building that houses the British Consulate in New York City. Investigators -- authorities, rather, are investigating now whether those blasts are connected in any way to today's election in Great Britain. It is the focus of our CNN "Security Watch" this morning , and Jason Carroll is on the scene live for us.

Jason, good morning. Let's start with what you've learned so far about these blasts.

JASON CARROLL, CNN CORRESPONDENT: Well, New York City's mayor, Michael Bloomberg, before we even start talking about the blast, is asking the public not to draw any conclusions about who did this or why. Having said that, though, investigators did give us more information about these improvised explosive devices, two of them, which were found in front of the building.

They were found, actually, stashed inside one of 12 concrete planters in front of the building which happens to house the British -- the British Consulate. They've described these devices as looking like novelty grenades or toy grenades, if you will. In fact, police commissioner Ray Kelly gave just a few more details about exactly what these devices looked like and what was inside them.

(BEGIN VIDEO CLIP)

RAY KELLY, NYPD COMMISSIONER: We believe these to be two to novelty-type grenades.

UNIDENTIFIED FEMALE: What do you mean by that?

KELLY: World War II type. In other words, the type that people might have on their desk.

UNIDENTIFIED FEMALE: Were they real or fake?

KELLY: No, they were, as I say, novelty. We believe they're fake grenades, not active hand grenades. But we believe that they were packed with some powder, perhaps black powder put inside the body of these two novelty grenades.

(END VIDEO CLIP)

CARROLL: Of course, the big question here, Soledad, is motive. Who did this and why? And investigators at this point are saying that there were no previous threats or phone calls before the explosion took place, or after.

It was a relatively small explosion. There was some minor damage done to a glass panel on the first floor of the building. So far, no one has reported seeing anything. This according to investigators, who will be reviewing security cameras of the various buildings to see if they can get any clues from there.

They'll also be interviewing security guards and doormen from the various areas as well. Once again, the police commissioner, as well as New York City Mayor Michael Bloomberg, asking everyone not to draw any conclusions about who did this. And, in fact, they're hoping to open up the building later today -- Soledad.

O'BRIEN: And the investigation. Jason Carroll for us, just a couple of blocks away in Midtown. Jason, thanks. And you'll want to stay tuned to CNN day and night for the most reliable news about your security.

Time to get a check on the other headline this morning with Carol Costello.

Good morning.

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

"Now in the News," while investigators look into that Consulate blast here in New York, as we just mentioned the polls are open in Britain. Voters are expected to give British Prime Minister Tony Blair a third term in office despite heavy criticism over the Iraq war. First results could begin coming in at about 7:30 p.m. Eastern Time.

Insurgents targeting Iraqi security forces once again in Iraq. At least 23 people have been killed this morning in a series of attacks in Baghdad. One of the strikes was at an Iraqi army recruitment center.

A story that is unfolding right now. Police in Kansas City, Missouri, believe they may now have the 4-year-old Precious Doe case solved. Do you remember this?

This was the little girl found decapitated in a wooded area back in 2001. No one was able to identify her. Well, she's now been identified as Erica Green.

The suspect? Guess who? Believed to be the girl's mother. We're expecting an official update from police in the next two hours.

And President Bush is marking this National Day of Prayer. You're looking at live pictures. There it is.

The president will be delivering remarks shortly in the East Room of the White House. Religious leaders among the 150 people attending this event. Mr. Bush later meets with Nigeria's president, and he leaves tomorrow for a trip to Europe -- Bill.

HEMMER: Carol, thanks.

We'll get you live to the East Room when that program begins there from the White House.

But first, the people versus Michael Jackson this morning. And after more than two months and more than 80 witnesses, the prosecution rested.

More from you from CNN's Rusty Dornin in California.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): The 87th and final witness for the prosecution was expected to be a blockbuster. But according to some legal analysts, appeared to fall short. Prosecutors hoped Rudy Provencio would tie Jackson to conspiracy charges involving the family.

JIM MORET, LEGAL ANALYST: This witness did not connect Michael Jackson to any criminal activity. This witness is basically folding on the stand. Nothing that he says is linking up to anything that he said before.

DORNIN: Provencio claims he took notes about conversations he overheard between Jackson's close advisers. Notes that Provencio later admitted on cross-examination he just found in a storage unit last month.

Provencio claimed Debbie Rowe, Jackson's ex-wife, was coached during a tape she made defending Jackson. During the taped session, Provencio claims Rowe was asked to "cry better next time," and that contradicts what Provencio told police earlier when he characterized Rowe's taped appearance as honest and sincere.

Provencio also gave conflicting testimony as to whether Jackson was really in charge and whether the pop star knew what was going on at Neverland.

TRENT COPELAND, LEGAL ANALYST: All of these things seem to suggest to this jury, and they have to at this point, because literally, this is the prosecution's last witness, and all of these things will clearly suggest to this jury that Michael Jackson didn't know what was going on. And if this is the essence, if this is the heart of the prosecution's conspiracy case against Michael Jackson, then this woman has almost single-handedly come in and completely dismantled it.

DORNIN: Now it's the defense's turn. At least three young men are expected to take the stand, including former child star Macaulay Culkin. All are expected to deny they were molested, something the prosecution and several of its witnesses claim.

(on camera): But first, the defense will ask for a mistrial in one motion and an acquittal in another. If both are turned down, the defense will begin calling its first witnesses.

Rusty Dornin, CNN, Santa Maria, California.

(END VIDEOTAPE)

HEMMER: So then, where do we stand this morning? Legal analyst Jeffrey Toobin is back with me.

Good morning. You say the prosecution ended on a relatively strong note.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Well...

HEMMER: Relative to what? TOOBIN: Relative to the rest of their case. I mean, their -- this witness did create the impression that there was sinister activity going on in terms of pressuring the victim's family, the alleged victim's family, to participate in this rebuttal video to the Martin Bashir documentary.

However, the big problem with the testimony is that it's the people around Jackson who appear to be making the threats, not Jackson himself. And he didn't have any real evidence pointing to Jackson, who is, after all, the defendant here, orchestrating this conspiracy.

HEMMER: But as they -- as they wrapped up, their focus on the conspiracy theory. But this trial is about molestation.

TOOBIN: You know, that has been such a big problem in this case, is that this conspiracy count, the proof is pathetically weak. The -- but they spent a tremendous amount of time on it. The molestation count is certainly stronger. I don't know how strong it is, but it is stronger. But they diffused the effect of their case because of spending so much time on the conspiracy.

HEMMER: Get back to this whole idea about the timing of the accusations. Why do you think that is so critical? And how much did we really learn about that in the past two months?

TOOBIN: You know, we -- it came up in the beginning of the trial, but it is such an important part of this case. And you can expect a lot of it on the defense summation.

Remember the facts, undisputed facts here. Jackson and the accuser knew each other for about two years, spent a lot of time together on and off. Then the Bashir doubt documentary takes place, February 2003, then there's all this attention on what their relationship was like, did, you know, investigations start -- that's when these films are out.

OK. The prosecution claims that Jackson started molesting this boy after the documentary. He had access to him all this time, but it's only when the whole country is wondering whether he's a child molester that's when he starts molesting the boy?

HEMMER: That could be significant there.

TOOBIN: That -- it's just -- I mean, it's conceivable that it happened, but it's just not very plausible. And if you add that to all the other problems in the case, I mean, I'm telling you, it seems like a weak case.

HEMMER: Go to the defense now. Macaulay Culkin, say he takes the stand. Say he's first up. What does he say?

TOOBIN: He says, "Michael Jackson never molested me."

HEMMER: What does Tom Sneddon come back and say?

TOOBIN: Good question. I'd be very interested to find out. I don't know.

He says, well, you know, isn't it -- isn't it true that, you know, it's embarrassing to be accused of being molested? To point out that even victims don't always tell the truth.

But here you are. I mean, you know, you, the prosecutor, are trying to show a pattern of behavior, and the alleged victim's coming in and saying, "It didn't happen." I don't know what he's going to say. I mean, I think it's a big problem.

HEMMER: How long does the defense go? The prosecution goes two months. Ten weeks, how long?

TOOBIN: Always less than you think. Defense cases always last a short time. I would say less than two weeks.

HEMMER: Yes. And I'm wondering...

TOOBIN: How long do they have to go? I mean, here we are, we're talking about all the problems in the prosecution's case. Defense hasn't even started it.

HEMMER: Do you remember six weeks ago we had this report that jurors were laughing at some of the testimony? If that is true, I'm wondering if this verdict comes back, and if Michael Jackson walks, I'm wondering if that is a key event in this trial that we'll look back on based on how the jurors are reacting to this testimony.

TOOBIN: Absolutely. And that was one of the alleged victims of his abuse, is when they were supposedly laughing. When he said, "Michael Jackson tickled me," and the jurors, according to some witnesses, were sort of laughing, oh, poor me, Michael Jackson tickled -- I mean, it's...

HEMMER: We don't have a vote in this, by the way.

TOOBIN: We certainly don't.

HEMMER: Thank the jurors. Thank you, Jeff. Jeff Toobin.

TOOBIN: All right.

HEMMER: Soledad.

O'BRIEN: Well, the case of former Abu Ghraib prison guard Lynndie England is suddenly back to square one. Just how did that case unravel? Here's CNN's Susan Candiotti from Ft. Hood, Texas.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): In the beginning, Lynndie England told Army investigators what happened at Abu Ghraib was done just for fun. In the end, it was her court- martial that turned into a carnival.

England arrived in court with a secret deal already set, a shorter sentence promised for her guilty pleas. Her mother came too, holding England's new baby boy in her arms.

Then, convicted guard Charles Graner, reported to be the father of her son and the man who made her the poster child of the prison scandal, got her in trouble again. Testifying to try to help England, Graner said she was following his orders when she posed with a prisoner on a leash. He called this a training picture.

The judge erupted. He reminded England she had admitted she knew what she did was wrong. He told her lawyers, "You cannot have it both ways." The judge threw out her guilty plea on that count, threw out her deal with the government, threw out the promise of a limit on her sentence, and declared a mistrial.

UNIDENTIFIED MALE: Do you think you made the mistake or the government made the mistake, sir?

CANDIOTTI: Military law experts say it won't be long before England is back in court.

EUGENE FIDELL, MILITARY LAW EXPERT: The charges are serious charges. The country is not about to walk away. The United States government is not about to walk away from these charges.

UNIDENTIFIED FEMALE: This is ridiculous. Get out of the way!

CANDIOTTI: England left, her legal team bristling at reporters.

UNIDENTIFIED MALE: Will you stop, please?

UNIDENTIFIED FEMALE: Get away!

CANDIOTTI: A woman once again very much in the eye of a storm.

(END VIDEOTAPE)

CANDIOTTI: It's not known when the Army will make its next move. Some military law experts predict it may just be a few weeks before prosecutors re-file charges against Lynndie England. If that happens, it could allow her defense attorneys to try to re-negotiate a plea deal, which some say might not be as generous as the last time -- Soledad.

O'BRIEN: Susan Candiotti for us this morning. Susan, thanks -- Bill.

HEMMER: A check of the weather right now.

(WEATHER REPORT)

O'BRIEN: In just a moment, the latest on that remarkable story out of Buffalo. The brain-damaged firefighter who finally spoke after 10 years of silence. Well, his doctor tells us what the future now holds for him.

HEMMER: Also, the runaway bride in Georgia ready to release a statement. Her lawyer says she is sorry. Will that be enough to keep her out of more trouble?

Back in a moment here after this on the Thursday edition of AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Jennifer Wilbanks, the so-called runaway bride in Georgia, expected to issue a statement later today in her home state. Her lawyer says Wilbanks is now seeking professional help, and is in no condition to talk. And she says Wilbanks is sorry.

(BEGIN VIDEOTAPE)

LYDIA SARTAIN, JENNIFER WILBANKS' ATTORNEY: She deeply regrets the inconvenience and the pain that she has caused people. So she very, very definitely is apologetic.

HEMMER (voice-over): Speaking through her attorney, runaway bride Jennifer Wilbanks explains why she faked her own kidnapping just days before her wedding. The Georgia woman's disappearance set off a nationwide search. She resurfaced four days later in Albuquerque, New Mexico. Her lawyer says Wilbanks had not planned to skip town, even though she had bought a bus ticket in advance.

SARTAIN: And it's true she bought the ticket a few days earlier, and just sort of as a safety precaution. And she was feeling that if she couldn't get through the day and the days to come, that she would have that, that she could leave on the bus. And in her mind, she used that ticket at the last -- you know, at the last time that she could.

HEMMER: Wilbanks' fiance says he wants her back. But neighbors in Duluth, Georgia, who frantically searched after Wilbanks went missing, are less forgiving.

UNIDENTIFIED FEMALE: She took off without considering anybody, her family included. And caused a great deal of -- you know, of trouble and pain to this community.

UNIDENTIFIED MALE: She should pay some type of a penalty.

HEMMER: Wilbanks could still face criminal and civil charges. Her attorney hopes a statement of apology will be enough to heal everyone's pain.

SARTAIN: What she really is, is a very troubled young woman who got caught up in something that she just was not able to adequately manage. Understandably, she knows she -- there are consequences to her action, and there are a variety of ways that she will suffer those consequences. But I do not believe that a criminal prosecution would be appropriate or serve any purpose.

(END VIDEOTAPE)

HEMMER: So here is what we believe to know. Later today, the statement from Wilbanks will be released at a news conference to at 4:00 Eastern, 1:00 on the West Coast. And certainly we will have live coverage for the next shoe to fall in this story -- Soledad.

O'BRIEN: And coming up in just a moment, the computer glitch that let a suspected serial killer go free. Two sisters say their mother died because of that mistake. Their story ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody. The "Question of the Day" involves Michael Jackson and the trial.

CAFFERTY: Yes, it does. Thanks, Soledad.

The prosecution rested, but they may have come up short. Ten weeks of testimony, and a lot of people don't think they got the job done, that Tom Sneddon and his gang did not prove that Michael Jackson is a child molester.

Witness after witness fell apart on the stand. The alleged victim contradicted himself, even admitted to lying. His mother wasn't much better. Jackson's ex-wife, Debbie Rowe, spent most of the time on the stand talking about what a great husband and father Michael Jackson is.

Unbelievable. The question is this: did the prosecution in the Michael Jackson trial prove its case?

D.W. writes from California, "There didn't seem to be any damning evidence, but I'm not sure that matters. Lately, I've gotten the impression that juries vote guilty or not guilty based on their personal like or dislike of the defendant. Trials seem to end up as popularity contests."

Michelle in New York, "We all said the same thing about the Scott Peterson case. All circumstantial, no evidence except a hair found in some pliers. And that jury connected. Let's just hope the jury in this case is just as bright."

Juan writes, "I truly think he's guilty, but the prosecution has done nothing to prove beyond a reasonable doubt that this strange man- woman, black-white individual has done what they are accusing him of."

And Ian writes from Rhode Island, "They got him on that new law, three tykes and you're out."

O'BRIEN: Oh.

HEMMER: Oh, man.

O'BRIEN: Oh, that's not even funny. What I don't understand is, the prosecution, witness after witness imploded on the stand.

HEMMER: It seemed like everybody had a double-edged sword.

O'BRIEN: Everybody.

HEMMER: Especially the critical witnesses, too.

O'BRIEN: Yes, everybody -- you know, everyone they based the case on.

HEMMER: And the thing we were talking about with Toobin, though, you remember six weeks ago where there was a report about these jurors were laughing at some of the testimony and making jokes about it?

O'BRIEN: That's a bad sign.

HEMMER: If that is true, that is not a good sign for the prosecution.

O'BRIEN: Laughing, always a bad sign.

HEMMER: Jack, thanks for that.

Last night, ABC's heavily hyped expose about "American Idol" aired finally. "Idol" producers now firing back, a shot of their own this morning. We'll get to that after a break on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: You're listening to President Bush in the East Room of the White House, where a National Day of Prayer is just getting under way. The president greeting about 150 folks who represent various denominations, religious denominations in the Christian community, and rabbis and Muslims who have come to join in this National Day of Prayer.

They hope to be respected more fully by millions around the country who will go to public places of worship to also pray. It's an event that actually dates back to 1775.

Welcome back. It's almost exactly half past the hour on this AMERICAN MORNING.

A suspected serial killer may have been freed to kill because of a computer mistake. This morning we're going to hear about a software problem with the FBI's fingerprint system. We'll also talk to the daughters of one of the alleged victims.

HEMMER: Such a tragic story, too.

O'BRIEN: Yes.

HEMMER: Also, this story, the amazing recovery of a man with severe brain damage. Donald Herbert started speaking this weekend after almost 10 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.

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