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American Morning
Law in Aruba; "Gimme a Minute"
Aired June 10, 2005 - 08:30 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.
(WEATHER REPORT)
BILL HEMMER, CNN ANCHOR: First to the headlines again. Here's Valerie Morris with those today. Hey, Val.
VALERIE MORRIS, CNN ANCHOR: Hello again. And good morning, everyone. "Now in the News."
There's been an explosion in northern Spain. At least one projectile exploded near a small airport in Saragosa. Government officials say it took place after the group ETA placed a warning call. The airport was evacuated before the explosion and there were no reports of injuries.
A new government report says the FBI botched at least five chances to nab two of the 9/11 hijackers. The report from the Justice Department's inspector general also adds new significant details about the systemic failures at the FBI. The FBI says that it has taken substantial steps to address the issues in the report.
In Illinois, a not guilty plea entered on behalf of the suspect in the Zion killings. An arraignment was held on Thursday for Jerry Hobbs. He's the man accused of stabbing his young daughter and her best friend to death on Mother's Day. The next court date is set for next month.
An Italian aid worker held hostage in Afghanistan is expected to arrive back in Italy this morning. Clementina Cantoni was released Thursday, more than 20 days after she was kidnapped in Kabul. The 32- year-old was there helping Afghan widows.
Aruba police have arrested five suspects. Let's go to Bill Hemmer. We have that story.
HEMMER: Valerie, thanks. Want to go back to Aruba right now. Those five suspects have been arrested in the disappearance of Natalee Holloway. None has been charged, though, with a crime. And in fact, they don't have to be for months, according to law in Aruba. Law in Aruba is pegged to the Dutch system, and there are some significant differences with U.S. law.
We thought it would be interesting to pick apart about five of these and talk about it with criminal defense attorney Ted Simon. He's an expert in international law. He's live in Philly today. Ted, good morning to you.
THEODORE SIMON, INTERNATIONAL LAW EXPERT: Good morning to you.
HEMMER: Thanks for coming on here. Number one, the first point, these five can be held by officials in Aruba without any formal charges.
SIMON: That's correct.
HEMMER: Which is different from this country. How does that work, Ted?
SIMON: Yes, decidedly different from this country. In our country and under our constitution, a person cannot be arrested unless there's probable cause. And probable cause has been defined as facts and circumstances based on reasonably trustworthy information that would warrant a prudent person into believing a crime was committed and the person to be arrested committed it.
In Aruba, it's completely different. All you need is some indication that the person may have been involved, and then you can be arrested and held for a substantial period of time.
HEMMER: And you could be held for, what, 116 days without formal charges?
SIMON: Well, it's even more than that. Initially, the police can hold someone for two days. They're not required to bring them before a magistrate until 72 hours. And the initial two can be extended for eight days and then two more periods of eight days. So that's about 26 days. And then another four months. So you're up to 146 days.
HEMMER: So if we jump ahead in this case -- if there's a trial -- let's hope there's not, let's hope this young woman is found and located and she's doing OK. If not a jury trial, who handles it?
SIMON: That's true. And you hit the nail right on the head. There's a question here, is there a crime? All we know is this woman is missing, sadly, terribly, that she's missing. But there's a real question whether or not there's a crime. As to your other question, true, there is no jury trial in Aruba, unlike the United States.
In fact, if they're charged, they'll appear in front of a single judge and be tried. If convicted, they have the right to a trial de novo, which, in effect, means a do over, and have a trial in front of a three judge panel. However, that may seem helpful to the defense. On the other hand, if they are acquitted at the single judge trial, the government can appeal -- something that could not happen here.
HEMMER: Well, this is pretty -- before we get too far down the line, you're saying judges have a lot of power in Aruba, don't they?
SIMON: Absolutely.
HEMMER; And also, if you're going to go ahead for a second trial, though, are you saying essentially you can be tried twice for the same crime, which is what we call, what, double jeopardy here in the U.S.?
SIMON: Right. We have double jeopardy protections, and they do too in certain limited instances. But their system operates differently. And now we shouldn't pre-judge theirs as being worse or better than ours, it's just different. And their system, as I said, they do not have jury trials. They do not have trials, as we know them.
But a person, if charged, will appear in front of a single judge. They will still have the same standard of being proven beyond a reasonable doubt as to all the elements. But a single judge will render judgment of guilt or non-guilt. However, if the person is found guilty, they can then ask for a new trial, in fact, a do over. On the other hand, the government can ask for a do over.
HEMMER: Yes, if there's an acquittal, the government can go back, we want to do it again. I think that's very interesting and a big difference from our law here in the U.S.
SIMON: That's a big difference. And after that three-judge trial, either party could appeal to the Hague in the Netherlands for questions of law.
HEMMER: Which is essentially the U.S. Supreme Court there.
SIMON: Similar, yes.
HEMMER: Fifth point. You have a right not to incriminate yourself, similar to the fifth amendment here.
SIMON: Yes. That is similar to down there. Both in our country and in Aruba, there's the right to be free from self incriminating oneself. And that applies both in the investigative stage -- so where they're held now, they can stand on their quote, unquote, fifth amendment rights, which is, of course, not the fifth amendment down there, but their rights to be free from self incrimination and not necessarily cooperate or speak to the police.
HEMMER: One final point...
SIMON: If they are charged...
HEMMER: Go ahead, I'm sorry.
SIMON: ... they cannot be required to be -- to testify against themselves. And if they don't testify, no adverse inference can be drawn.
HEMMER: I apologize. I thought you were finished with your point here.
SIMON: That's OK.
HEMMER: I'm really pressed for time, but I want to get to this final point. Based on your position there in Philly, as you watch the criminal proceedings continue down there in Aruba, are they doing everything right?
SIMON: Well, I think you should expect very shortly, even though they're being detained, the lawyers will move to be -- to have their clients relieved of that detention and have it suspended and seek some kind of release on conditions because, as I said, there's an open question whether or not there is even a crime.
I mean, ask yourself. You have the three young men that were first questioned and released. Then you have the two security guards who were later arrested. There's no necessary connection between these two groups. And what's the likelihood that all of them have been involved in this, if, in fact, it is a crime?
HEMMER: You've got to figure somebody's getting pressure down there right now, too. Very interesting. Thanks, Ted.
SIMON: You're welcome.
HEMMER: Ted Simon, criminal defense attorney, expert in international law down in Philadelphia. Here's Carol.
CAROL COSTELLO, CNN ANCHOR: Bit of health news for you this morning. Millions of people are searching for that million dollar smile. Teeth whitening has become a huge industry. But as Dr. Sanjay Gupta tells us, keeping the pearly whites can have a dark side.
(BEGIN VIDEOTAPE)
DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT (voice-over): Meet Jessica Neff. She calls herself a teeth whitening junkie.
UNIDENTIFIED FEMALE: Whiter teeth after just three days. Full results in seven.
GUPTA: Sure, they promise sparkling white smiles, but for a growing number of consumers, teeth whitening has become an obsession.
JESSICA NEFF, TEETH WHITENING ENTHUSIAST: I've tried tray and gel systems over the counter. I've tried the tray and gel systems in office. I've done the Rembrandt gel and toothpaste. I've done the Crest white strips. I've just tried the new Oral B white strips and the paint on brush that you use.
GUPTA (on camera): But here's the thing. 99 percent of Americans still simply brush their teeth. But there's no denying that these teeth whitening treatments, once administered only by dentists, have been transformed now by all these relatively easy to use products into a safe and effective beauty regimen for millions of Americans.
(voice-over): In fact, according to the American Academy of Cosmetic Dentistry, Americans spent more than $336 million in teeth whitening products just last year. But abusing these products can cause gum irritation and oversensitivity, symptoms that Jessica has experienced in the past.
DR. JONATHAN LEVINE, AESTHETIC DENTIST: The manufacturer says use it for two weeks, morning and night, twice a day, or ten days every day. That doesn't mean doubling up on it and use it for three months. You're breaking down the structural integrity of the tooth.
GUPTA: Ironically, excessive bleaching can turn pearly whites into an unnatural translucent blue. So what is the safest way to whiten at home? The experts say it's important to know the strength of those bleaching agents.
So we consulted Dr. Peter Vanstrom, an aesthetic dentist, who told us it's safest to stick with hydrogen peroxide concentrations of 6 percent or lower. But knowing the concentration of a product at the drug store isn't easy.
DR. PETER VANSTROM, AESTHETIC DENTIST: One of the frustrations in the over-the-counter market is we don't have labeled on any of these exactly what the concentration is.
GUPTA: Which is part of the reason why the American Dental Association only gives the seal of acceptance to four at home bleaching products, all gel and tray systems, all available only from dentists.
VANSTROM: That is the probably the safest means of whitening your teeth. It just takes longer.
GUPTA: These products are considered safer, but are much more expensive, ranging from $200 to $500, making their over the counter versions much more attractive. The safest bet, if you're going to use teeth whiteners from the drug store, follow their instructions, especially length and frequency of use, don't buy off the Internet and talk to your dentist beforehand.
As far as Jessica goes, she's still obsessed with white teeth, but she does check with her dentist regularly and together, they keep that smile sparkling.
Dr. Sanjay Gupta, CNN.
(END VIDEOTAPE)
COSTELLO: CNN did contact the makers of most of the products mentioned in Sanjay's story and those that responded say their products are safe when used as directed.
HEMMER: 20 minutes before the hour. One of the largest class action settlements in corporate history. Andy has details, "Minding Your Business" in a moment here.
COSTELLO: Also ahead, our "Gimme a Minute" panel weighs in on whether the U.S. should close its controversial prison at Guantanamo Bay. Back in a moment, on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: It is Friday. Time for our "Gimme a Minute," gang getting the last word on the week's biggest stories. They're all in New York today. Republican consultant Tara Setmayer.
Tara, good morning. Welcome back.
TARA SETMAYER, REPUBLICAN CONSULTANT: Thank you.
HEMMER: Rachel Maddow of Air America Radio. You guys keep your distance over there, too. You're not sitting too far from each other.
Comedy writer Mike Givens back with us, too. Hey, Mike, what's happening? Good morning to you also.
MIKE GIVENS, COMEDY WRITER: Not much. Good morning.
HEMMER: All right, Tara, President Carter says Gitmo should be phased out. Donald Rumsfeld says you can forget about that. What's the future for that prison in Cuba?
SETMAYER: Well, I think we need to take into consideration that we're not dealing with innocent civilians here, we're dealing with terrorists, people who want to destroy, they're hellbent on destroying America's way of life. And what President Carter says is coming from a failed president who's had more foreign policy gaps than Howard Dean one-liners. And I think that the administration is going to do what's right. They need to contain them, and whatever alternatives need to happen will happen.
HEMMER: We'll get to Howard Dean in a moment. Who do you think, Rachel?
RACHEL MADDOW, AIR AMERICA RADIO: I think if these people weren't innocent, if these people are convictable, then we shouldn't be taking four years just keeping them in limbo. It's kind of un- American to keep people indefinitely detained, not charge them, not bring them up to trial, not give them lawyers? I think this has become a huge embarrassment. I think Carter's right.
HEMMER: All right. Well, the White House says it's exploring alternatives, too. Do you have any, Mike?
GIVENS: I don't, but you know Rumsfeld, inspired by Carter, he loves these habitats for inhumanity. And So I think it's par for the course for Rumsfeld.
HEMMER: You don't think they're building homes together on the weekend then, right? Second topic, Rachel, Howard Dean says Republicans are a white Christian party. Yesterday Dean was front and center at a photo-op of Democratic leaders. What do you believe is his future?
MADDOW: I think the idea that Howard Dean is on his way out or that he stuck his foot in his mouth one too many times is kind of a Republican -- is kind of made up by the Republicans. The Democrats knew what they were getting when we elected Howard Dean to be chair of the Democratic party. I mean, he's not a focus group kind of guy. He's a blunt guy, and he's not actually saying stuff that isn't true. He's just saying stuff in a blunt way that he's always said. This is what Howard does.
HEMMER: Do you think he's a good leader, Tara, for the Democrats?
SETMAYER: Well, the Democrat leadership knew exactly what they were getting, which is why they never supported Howard Dean's chairmanship. He's been relegated to a voice, and not the spokesman for the party, and that's ridiculous. Since when is the chairman of the DNC not the spokesman of the party. And blunt is a sure word for it. He's a blunt trauma force to the party.
HEMMER: I wonder what he's going to say next.
SETMAYER: That's right, we love it. Keep it coming.
GIVENS: No, but I mean, I think he'll get a job maybe stating the obvious. I mean, the Republicans call themselves 82 percent white and Christian. It's like a Jimmy Buffett concert. It's so obvious.
HEMMER: Nothing wrong with a parrot head, though, right, Mike?
GIVENS: Right.
HEMMER: All right, serve it up, frozen with salt.
Third topic, Tara, Mark Felt, the man formerly known as Deep Throat, his family signed with a talent firm out in California. If they get a book deal, whose book will you read first, Felt's or Bob Woodward's?
SETMAYER: Well, this is no surprise. It's obvious opportunism. I would read Bob Woodward's book first. I've read his works before, and I think Mark Felt's money is just trying to make money on this. And I don't think he's a hero. I mean, there's nothing worse than a corrupt politician, but maybe a corrupt bureaucrat that has a badge and arrest powers. So it would be Bob Woodward all the way.
What book are you brining to the beach there, Rachel?
MADDOW: I'm a really big nerd and I read everything, so I'll probably read both.
HEMMER: Oh, you're conciliatory.
(CROSSTALK)
MADDOW: But, you know, I'm happy that Mark Felt's family is going to tell his side of the story on this one. I have to say, though, I kind of liked it better when we didn't know. I would kind of rather imagine Hal Holbrook. I'd also rather imagine Robert Redford than Bob Woodward, but that's mostly based on looks.
HEMMER: I got you.
Where's you're book marker, Mike, on this one.
GIVENS: I'm going to wait for the book on tape, which will be in a hushed whisper in a dark garage.
HEMMER: Follow the money.
Under the radar, what did we miss this past week? Let's start with Rachel this time.
MADDOW: You know, there is a land deal that has gone down in Florida that puts Whitewater to shame. The Bush administration tried to overpay a Republican campaign donor family by $80 million for some of their land. The kicker is the government probably already owned the land anyway. It's this thing that was admitted to by the Interior Department this year, but it has just sunk without a trace.
HEMMER: Teapot dome coming back? We'll let that one go.
MADDOW: Oh, me. Teapot dome.
HEMMER: That's OK. Wyoming, like, I don't know, like years ago.
Hey, Tara, what did you miss?
SETMAYER: Oh, well, another U.N. embarrassment. U.N. alert this week that they seem to have lost a nuclear manual that is a comprehensive manual on how to build atomic bombs. Two years ago, a racketeering ring was uncovered by a Pakistani scientists who is the grandfather of the Islamic atomic bomb, and the IAEA has no idea where it is. It could be on the black market, and this needs to be, you know - it's unbelievable. We need to elect John Bolton.
HEMMER: I got you.
OK, Mike, what's on your mind?
GIVENS: There's a lot of them, but here's the real one. Today is Jack Cafferty's last day on AMERICAN MORNING, and you guys aren't covering it. You're burying the lead. Come on now. This is big news.
Jack, Godspeed.
HEMMER: We've got an hour and 12 minutes left. We haven't given up on him yet, OK, Mike?
GIVENS: All right, sorry to spoil it.
HEMMER: Thanks, guys.
Tara, Rachel, Mike, "Gimme a Minute" panel on a Friday.
Have a good weekend, OK -- Carol.
COSTELLO: Speaking of Jack, who is your favorite TV dad? It can't be Jack. Anyway, Jack has the top 10 that made the cut. That's ahead in the "Cafferty File" on AMERICAN MORNING.
(COMMERCIAL BREAK) HEMMER: Ladies and gentlemen, Jack Cafferty.
JACK CAFFERTY, CNN ANCHOR: Enron investors settle with Citigroup, $2 billion. Plus, place your bets on the future of Social Security. All that and a look at the markets. Andy Serwer is here, "Minding Your Business."
ANDY SERWER, "FORTUNE" MAGAZINE: Money, money, money, money.
Yes, let's talk about Citigroup this morning, first of all, Jack. This just crossing the tape. Citigroup paying $2 billion -- billion with a B -- to settle an Enron class action lawsuit. This relates to the work that the giant bank did with Enron before it went bankrupt. It's just a whole lot of money, especially considering last year they paid $2.6 billion to settle the same kind of litigation with regard to WorldCom. Wow.
Now, let's talk about Social Security reform. You think we're going to get Social Security reform? Want to bet? Well, you can, if you go to this InTrade (ph) Web Site that's run out of Dublin, Ireland, where you can bet on almost anything.
Here's what's going on. The Web site is suggesting that the chance of Social Security private accounts coming into effect by the end of this year is nine percent. By the end of the following year, 21 percent, 27 percent. So it doesn't look like the betters, the people who are really putting their money on the line, think we're going to get private accounts, Social Security. I guess not a big surprise.
CAFFERTY: Well, after 2006, President Bush is very much a lame duck then, after the off year elections. So probably if it doesn't happen between now and then, it ain't going to happen.
SERWER: This InTrade Web site, by the way, is -- it's so much fun to look at. Here, listen to the things you can bet on. Outcome of the Jackson trial. OK. Conviction about 50 percent. Hillary Clinton nominated 2008, about 48 percent. Palestinian state, only 4.2 percent. Bolton confirmation. Zarqawi capture. "Mr. And Mrs. Smith" grossing over $40 million the first weekend, 25 percent chance. I could just look at this site all day. It is so funny. I haven't actually wagered, though, I must say. Isn't it cool stuff?
CAFFERTY: Get your money down.
SERWER: I will. I like this.
CAFFERTY: How are the markets doing today?
SERWER: Let's do that. Yesterday an up day for the markets. A bit of a surprise after Alan Greenspan was on Capitol Hill warning about the housing bubble, warning about the trade deficit, suggesting perhaps higher rates are in the opping (ph). He did say, however, the economy was on firm footing, and I think that was enough to boost stocks. Meanwhile this morning, we're watching hurricane -- not hurricane, excuse me -- Tropical Storm Arlene as it mosies into the Gulf of Mexico near those giant oil rigs and that's making oil prices go up this morning -- Jack.
CAFFERTY: Thanks, Andy.
SERWER: You're welcome.
CAFFERTY: Time for "The File."
Two senior U.S. lawmakers want to probe, an investigation, into charges the White House doctored government reports on global warming. Wednesday, "The Times" reported a White House official and former oil industry lobbyist with no scientific training edited government climate reports to play down the links between greenhouse gas emissions and global warming.
According to internal documents obtained by "The New York Times," in one instance, this guy -- Philip Cooney is his name -- added qualifiers like significant and fundamental before the word uncertainties to give the impression of considerable doubt about the findings. Representative Henry Waxman (ph) and Senator John Kerry wanted an investigation. If that's true, that's -- well, it's just.
Just because a politician's cheeks are worth pinching doesn't mean they're worth voting for. A study in today's "Journal of Science" suggests a baby face is a losing look for candidates. Voters often pick the candidates with more mature looks and those that exude confidence, over those with a round face, big eyes, small nose, small chin, a baby face. The study found that quick one second look at a candidate's photograph created an initial impression that often did not change.
Finally, Father's Day is on the way. TV viewers have weighed in with their favorite television dads. Survey done by TiVo, the top 25 dads include these. Number 10, Danny Tanner from "Full House." Number nine, the Reverend Eric Camden from "Seventh Heaven." Eight is Tim the Toolman Taylor from "Home Improvement." At number seven, Mike Brady.
SERWER: Yes!
CAFFERTY: Six, Jim Anderson of "Father Knows Best." The top five are these. Ward Cleaver. Howard Cunningham from "Happy Days." Pa Ingalls...
SERWER: Ingalls, yes.
CAFFERTY: I've never heard of some of these people. Pa Ingalls from "little House on the Prairie."
SERWER: "Little House"!
CAFFERTY: Sheriff Andy Taylor. And the number one TV dad is Cliff Huxtable, aka Bill Cosby. Mafia dad Tony Soprano barely made the list. He came in 24th out of 25.
HEMMER: You'd vote for him.
CAFFERTY: Absolutely.
COSTELLO: Yes. I could -- I can't imagine.
SERWER: Is that a New Jersey thing, right?
HEMMER: Unanimous.
CAFFERTY: That's my guy.
COSTELLO: You never watched the "Little House on the Prairie."
CAFFERTY: That's correct.
SERWER: No, that's a...
CAFFERTY: I don't watch "DAYBREAK," either.
SERWER: I can't see him watching that.
CAFFERTY: I'm just kidding.
COSTELLO: Do I deserve that?
CAFFERTY: I really didn't ever watch "Little House on the Prairie." Too syrupy for me.
SERWER: Yes, it's a little girls kind of thing, isn't it, Jack?
CAFFERTY: I guess, I don't like it.
HEMMER: It's a Friday. Think we'll get a verdict in Jackson today? A lot of people think Friday, getaway day.
CAFFERTY: Well, maybe. That sometimes...
HEMMER: What do you think? You think yes? You think yes?
COSTELLO: I think there's going to be a hung jury.
SERWER: I think there's a 26 percent. Go to InTrade.
HEMMER: Hit that Web Site.
CAFFERTY: He's going down, whenever it comes in.
SERWER: Yes, one of seven counts gets...
HEMMER: We will get to the deliberations in a moment here. Entering a sixth day out in California. And Anne Bremner's watching. She has a prediction, as well. We'll talk to her after this on AMERICAN MORNING.
(COMMERCIAL BREAK)
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Aired June 10, 2005 - 08:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(WEATHER REPORT)
BILL HEMMER, CNN ANCHOR: First to the headlines again. Here's Valerie Morris with those today. Hey, Val.
VALERIE MORRIS, CNN ANCHOR: Hello again. And good morning, everyone. "Now in the News."
There's been an explosion in northern Spain. At least one projectile exploded near a small airport in Saragosa. Government officials say it took place after the group ETA placed a warning call. The airport was evacuated before the explosion and there were no reports of injuries.
A new government report says the FBI botched at least five chances to nab two of the 9/11 hijackers. The report from the Justice Department's inspector general also adds new significant details about the systemic failures at the FBI. The FBI says that it has taken substantial steps to address the issues in the report.
In Illinois, a not guilty plea entered on behalf of the suspect in the Zion killings. An arraignment was held on Thursday for Jerry Hobbs. He's the man accused of stabbing his young daughter and her best friend to death on Mother's Day. The next court date is set for next month.
An Italian aid worker held hostage in Afghanistan is expected to arrive back in Italy this morning. Clementina Cantoni was released Thursday, more than 20 days after she was kidnapped in Kabul. The 32- year-old was there helping Afghan widows.
Aruba police have arrested five suspects. Let's go to Bill Hemmer. We have that story.
HEMMER: Valerie, thanks. Want to go back to Aruba right now. Those five suspects have been arrested in the disappearance of Natalee Holloway. None has been charged, though, with a crime. And in fact, they don't have to be for months, according to law in Aruba. Law in Aruba is pegged to the Dutch system, and there are some significant differences with U.S. law.
We thought it would be interesting to pick apart about five of these and talk about it with criminal defense attorney Ted Simon. He's an expert in international law. He's live in Philly today. Ted, good morning to you.
THEODORE SIMON, INTERNATIONAL LAW EXPERT: Good morning to you.
HEMMER: Thanks for coming on here. Number one, the first point, these five can be held by officials in Aruba without any formal charges.
SIMON: That's correct.
HEMMER: Which is different from this country. How does that work, Ted?
SIMON: Yes, decidedly different from this country. In our country and under our constitution, a person cannot be arrested unless there's probable cause. And probable cause has been defined as facts and circumstances based on reasonably trustworthy information that would warrant a prudent person into believing a crime was committed and the person to be arrested committed it.
In Aruba, it's completely different. All you need is some indication that the person may have been involved, and then you can be arrested and held for a substantial period of time.
HEMMER: And you could be held for, what, 116 days without formal charges?
SIMON: Well, it's even more than that. Initially, the police can hold someone for two days. They're not required to bring them before a magistrate until 72 hours. And the initial two can be extended for eight days and then two more periods of eight days. So that's about 26 days. And then another four months. So you're up to 146 days.
HEMMER: So if we jump ahead in this case -- if there's a trial -- let's hope there's not, let's hope this young woman is found and located and she's doing OK. If not a jury trial, who handles it?
SIMON: That's true. And you hit the nail right on the head. There's a question here, is there a crime? All we know is this woman is missing, sadly, terribly, that she's missing. But there's a real question whether or not there's a crime. As to your other question, true, there is no jury trial in Aruba, unlike the United States.
In fact, if they're charged, they'll appear in front of a single judge and be tried. If convicted, they have the right to a trial de novo, which, in effect, means a do over, and have a trial in front of a three judge panel. However, that may seem helpful to the defense. On the other hand, if they are acquitted at the single judge trial, the government can appeal -- something that could not happen here.
HEMMER: Well, this is pretty -- before we get too far down the line, you're saying judges have a lot of power in Aruba, don't they?
SIMON: Absolutely.
HEMMER; And also, if you're going to go ahead for a second trial, though, are you saying essentially you can be tried twice for the same crime, which is what we call, what, double jeopardy here in the U.S.?
SIMON: Right. We have double jeopardy protections, and they do too in certain limited instances. But their system operates differently. And now we shouldn't pre-judge theirs as being worse or better than ours, it's just different. And their system, as I said, they do not have jury trials. They do not have trials, as we know them.
But a person, if charged, will appear in front of a single judge. They will still have the same standard of being proven beyond a reasonable doubt as to all the elements. But a single judge will render judgment of guilt or non-guilt. However, if the person is found guilty, they can then ask for a new trial, in fact, a do over. On the other hand, the government can ask for a do over.
HEMMER: Yes, if there's an acquittal, the government can go back, we want to do it again. I think that's very interesting and a big difference from our law here in the U.S.
SIMON: That's a big difference. And after that three-judge trial, either party could appeal to the Hague in the Netherlands for questions of law.
HEMMER: Which is essentially the U.S. Supreme Court there.
SIMON: Similar, yes.
HEMMER: Fifth point. You have a right not to incriminate yourself, similar to the fifth amendment here.
SIMON: Yes. That is similar to down there. Both in our country and in Aruba, there's the right to be free from self incriminating oneself. And that applies both in the investigative stage -- so where they're held now, they can stand on their quote, unquote, fifth amendment rights, which is, of course, not the fifth amendment down there, but their rights to be free from self incrimination and not necessarily cooperate or speak to the police.
HEMMER: One final point...
SIMON: If they are charged...
HEMMER: Go ahead, I'm sorry.
SIMON: ... they cannot be required to be -- to testify against themselves. And if they don't testify, no adverse inference can be drawn.
HEMMER: I apologize. I thought you were finished with your point here.
SIMON: That's OK.
HEMMER: I'm really pressed for time, but I want to get to this final point. Based on your position there in Philly, as you watch the criminal proceedings continue down there in Aruba, are they doing everything right?
SIMON: Well, I think you should expect very shortly, even though they're being detained, the lawyers will move to be -- to have their clients relieved of that detention and have it suspended and seek some kind of release on conditions because, as I said, there's an open question whether or not there is even a crime.
I mean, ask yourself. You have the three young men that were first questioned and released. Then you have the two security guards who were later arrested. There's no necessary connection between these two groups. And what's the likelihood that all of them have been involved in this, if, in fact, it is a crime?
HEMMER: You've got to figure somebody's getting pressure down there right now, too. Very interesting. Thanks, Ted.
SIMON: You're welcome.
HEMMER: Ted Simon, criminal defense attorney, expert in international law down in Philadelphia. Here's Carol.
CAROL COSTELLO, CNN ANCHOR: Bit of health news for you this morning. Millions of people are searching for that million dollar smile. Teeth whitening has become a huge industry. But as Dr. Sanjay Gupta tells us, keeping the pearly whites can have a dark side.
(BEGIN VIDEOTAPE)
DR. SANJAY GUPTA, CNN SR. MEDICAL CORRESPONDENT (voice-over): Meet Jessica Neff. She calls herself a teeth whitening junkie.
UNIDENTIFIED FEMALE: Whiter teeth after just three days. Full results in seven.
GUPTA: Sure, they promise sparkling white smiles, but for a growing number of consumers, teeth whitening has become an obsession.
JESSICA NEFF, TEETH WHITENING ENTHUSIAST: I've tried tray and gel systems over the counter. I've tried the tray and gel systems in office. I've done the Rembrandt gel and toothpaste. I've done the Crest white strips. I've just tried the new Oral B white strips and the paint on brush that you use.
GUPTA (on camera): But here's the thing. 99 percent of Americans still simply brush their teeth. But there's no denying that these teeth whitening treatments, once administered only by dentists, have been transformed now by all these relatively easy to use products into a safe and effective beauty regimen for millions of Americans.
(voice-over): In fact, according to the American Academy of Cosmetic Dentistry, Americans spent more than $336 million in teeth whitening products just last year. But abusing these products can cause gum irritation and oversensitivity, symptoms that Jessica has experienced in the past.
DR. JONATHAN LEVINE, AESTHETIC DENTIST: The manufacturer says use it for two weeks, morning and night, twice a day, or ten days every day. That doesn't mean doubling up on it and use it for three months. You're breaking down the structural integrity of the tooth.
GUPTA: Ironically, excessive bleaching can turn pearly whites into an unnatural translucent blue. So what is the safest way to whiten at home? The experts say it's important to know the strength of those bleaching agents.
So we consulted Dr. Peter Vanstrom, an aesthetic dentist, who told us it's safest to stick with hydrogen peroxide concentrations of 6 percent or lower. But knowing the concentration of a product at the drug store isn't easy.
DR. PETER VANSTROM, AESTHETIC DENTIST: One of the frustrations in the over-the-counter market is we don't have labeled on any of these exactly what the concentration is.
GUPTA: Which is part of the reason why the American Dental Association only gives the seal of acceptance to four at home bleaching products, all gel and tray systems, all available only from dentists.
VANSTROM: That is the probably the safest means of whitening your teeth. It just takes longer.
GUPTA: These products are considered safer, but are much more expensive, ranging from $200 to $500, making their over the counter versions much more attractive. The safest bet, if you're going to use teeth whiteners from the drug store, follow their instructions, especially length and frequency of use, don't buy off the Internet and talk to your dentist beforehand.
As far as Jessica goes, she's still obsessed with white teeth, but she does check with her dentist regularly and together, they keep that smile sparkling.
Dr. Sanjay Gupta, CNN.
(END VIDEOTAPE)
COSTELLO: CNN did contact the makers of most of the products mentioned in Sanjay's story and those that responded say their products are safe when used as directed.
HEMMER: 20 minutes before the hour. One of the largest class action settlements in corporate history. Andy has details, "Minding Your Business" in a moment here.
COSTELLO: Also ahead, our "Gimme a Minute" panel weighs in on whether the U.S. should close its controversial prison at Guantanamo Bay. Back in a moment, on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: It is Friday. Time for our "Gimme a Minute," gang getting the last word on the week's biggest stories. They're all in New York today. Republican consultant Tara Setmayer.
Tara, good morning. Welcome back.
TARA SETMAYER, REPUBLICAN CONSULTANT: Thank you.
HEMMER: Rachel Maddow of Air America Radio. You guys keep your distance over there, too. You're not sitting too far from each other.
Comedy writer Mike Givens back with us, too. Hey, Mike, what's happening? Good morning to you also.
MIKE GIVENS, COMEDY WRITER: Not much. Good morning.
HEMMER: All right, Tara, President Carter says Gitmo should be phased out. Donald Rumsfeld says you can forget about that. What's the future for that prison in Cuba?
SETMAYER: Well, I think we need to take into consideration that we're not dealing with innocent civilians here, we're dealing with terrorists, people who want to destroy, they're hellbent on destroying America's way of life. And what President Carter says is coming from a failed president who's had more foreign policy gaps than Howard Dean one-liners. And I think that the administration is going to do what's right. They need to contain them, and whatever alternatives need to happen will happen.
HEMMER: We'll get to Howard Dean in a moment. Who do you think, Rachel?
RACHEL MADDOW, AIR AMERICA RADIO: I think if these people weren't innocent, if these people are convictable, then we shouldn't be taking four years just keeping them in limbo. It's kind of un- American to keep people indefinitely detained, not charge them, not bring them up to trial, not give them lawyers? I think this has become a huge embarrassment. I think Carter's right.
HEMMER: All right. Well, the White House says it's exploring alternatives, too. Do you have any, Mike?
GIVENS: I don't, but you know Rumsfeld, inspired by Carter, he loves these habitats for inhumanity. And So I think it's par for the course for Rumsfeld.
HEMMER: You don't think they're building homes together on the weekend then, right? Second topic, Rachel, Howard Dean says Republicans are a white Christian party. Yesterday Dean was front and center at a photo-op of Democratic leaders. What do you believe is his future?
MADDOW: I think the idea that Howard Dean is on his way out or that he stuck his foot in his mouth one too many times is kind of a Republican -- is kind of made up by the Republicans. The Democrats knew what they were getting when we elected Howard Dean to be chair of the Democratic party. I mean, he's not a focus group kind of guy. He's a blunt guy, and he's not actually saying stuff that isn't true. He's just saying stuff in a blunt way that he's always said. This is what Howard does.
HEMMER: Do you think he's a good leader, Tara, for the Democrats?
SETMAYER: Well, the Democrat leadership knew exactly what they were getting, which is why they never supported Howard Dean's chairmanship. He's been relegated to a voice, and not the spokesman for the party, and that's ridiculous. Since when is the chairman of the DNC not the spokesman of the party. And blunt is a sure word for it. He's a blunt trauma force to the party.
HEMMER: I wonder what he's going to say next.
SETMAYER: That's right, we love it. Keep it coming.
GIVENS: No, but I mean, I think he'll get a job maybe stating the obvious. I mean, the Republicans call themselves 82 percent white and Christian. It's like a Jimmy Buffett concert. It's so obvious.
HEMMER: Nothing wrong with a parrot head, though, right, Mike?
GIVENS: Right.
HEMMER: All right, serve it up, frozen with salt.
Third topic, Tara, Mark Felt, the man formerly known as Deep Throat, his family signed with a talent firm out in California. If they get a book deal, whose book will you read first, Felt's or Bob Woodward's?
SETMAYER: Well, this is no surprise. It's obvious opportunism. I would read Bob Woodward's book first. I've read his works before, and I think Mark Felt's money is just trying to make money on this. And I don't think he's a hero. I mean, there's nothing worse than a corrupt politician, but maybe a corrupt bureaucrat that has a badge and arrest powers. So it would be Bob Woodward all the way.
What book are you brining to the beach there, Rachel?
MADDOW: I'm a really big nerd and I read everything, so I'll probably read both.
HEMMER: Oh, you're conciliatory.
(CROSSTALK)
MADDOW: But, you know, I'm happy that Mark Felt's family is going to tell his side of the story on this one. I have to say, though, I kind of liked it better when we didn't know. I would kind of rather imagine Hal Holbrook. I'd also rather imagine Robert Redford than Bob Woodward, but that's mostly based on looks.
HEMMER: I got you.
Where's you're book marker, Mike, on this one.
GIVENS: I'm going to wait for the book on tape, which will be in a hushed whisper in a dark garage.
HEMMER: Follow the money.
Under the radar, what did we miss this past week? Let's start with Rachel this time.
MADDOW: You know, there is a land deal that has gone down in Florida that puts Whitewater to shame. The Bush administration tried to overpay a Republican campaign donor family by $80 million for some of their land. The kicker is the government probably already owned the land anyway. It's this thing that was admitted to by the Interior Department this year, but it has just sunk without a trace.
HEMMER: Teapot dome coming back? We'll let that one go.
MADDOW: Oh, me. Teapot dome.
HEMMER: That's OK. Wyoming, like, I don't know, like years ago.
Hey, Tara, what did you miss?
SETMAYER: Oh, well, another U.N. embarrassment. U.N. alert this week that they seem to have lost a nuclear manual that is a comprehensive manual on how to build atomic bombs. Two years ago, a racketeering ring was uncovered by a Pakistani scientists who is the grandfather of the Islamic atomic bomb, and the IAEA has no idea where it is. It could be on the black market, and this needs to be, you know - it's unbelievable. We need to elect John Bolton.
HEMMER: I got you.
OK, Mike, what's on your mind?
GIVENS: There's a lot of them, but here's the real one. Today is Jack Cafferty's last day on AMERICAN MORNING, and you guys aren't covering it. You're burying the lead. Come on now. This is big news.
Jack, Godspeed.
HEMMER: We've got an hour and 12 minutes left. We haven't given up on him yet, OK, Mike?
GIVENS: All right, sorry to spoil it.
HEMMER: Thanks, guys.
Tara, Rachel, Mike, "Gimme a Minute" panel on a Friday.
Have a good weekend, OK -- Carol.
COSTELLO: Speaking of Jack, who is your favorite TV dad? It can't be Jack. Anyway, Jack has the top 10 that made the cut. That's ahead in the "Cafferty File" on AMERICAN MORNING.
(COMMERCIAL BREAK) HEMMER: Ladies and gentlemen, Jack Cafferty.
JACK CAFFERTY, CNN ANCHOR: Enron investors settle with Citigroup, $2 billion. Plus, place your bets on the future of Social Security. All that and a look at the markets. Andy Serwer is here, "Minding Your Business."
ANDY SERWER, "FORTUNE" MAGAZINE: Money, money, money, money.
Yes, let's talk about Citigroup this morning, first of all, Jack. This just crossing the tape. Citigroup paying $2 billion -- billion with a B -- to settle an Enron class action lawsuit. This relates to the work that the giant bank did with Enron before it went bankrupt. It's just a whole lot of money, especially considering last year they paid $2.6 billion to settle the same kind of litigation with regard to WorldCom. Wow.
Now, let's talk about Social Security reform. You think we're going to get Social Security reform? Want to bet? Well, you can, if you go to this InTrade (ph) Web Site that's run out of Dublin, Ireland, where you can bet on almost anything.
Here's what's going on. The Web site is suggesting that the chance of Social Security private accounts coming into effect by the end of this year is nine percent. By the end of the following year, 21 percent, 27 percent. So it doesn't look like the betters, the people who are really putting their money on the line, think we're going to get private accounts, Social Security. I guess not a big surprise.
CAFFERTY: Well, after 2006, President Bush is very much a lame duck then, after the off year elections. So probably if it doesn't happen between now and then, it ain't going to happen.
SERWER: This InTrade Web site, by the way, is -- it's so much fun to look at. Here, listen to the things you can bet on. Outcome of the Jackson trial. OK. Conviction about 50 percent. Hillary Clinton nominated 2008, about 48 percent. Palestinian state, only 4.2 percent. Bolton confirmation. Zarqawi capture. "Mr. And Mrs. Smith" grossing over $40 million the first weekend, 25 percent chance. I could just look at this site all day. It is so funny. I haven't actually wagered, though, I must say. Isn't it cool stuff?
CAFFERTY: Get your money down.
SERWER: I will. I like this.
CAFFERTY: How are the markets doing today?
SERWER: Let's do that. Yesterday an up day for the markets. A bit of a surprise after Alan Greenspan was on Capitol Hill warning about the housing bubble, warning about the trade deficit, suggesting perhaps higher rates are in the opping (ph). He did say, however, the economy was on firm footing, and I think that was enough to boost stocks. Meanwhile this morning, we're watching hurricane -- not hurricane, excuse me -- Tropical Storm Arlene as it mosies into the Gulf of Mexico near those giant oil rigs and that's making oil prices go up this morning -- Jack.
CAFFERTY: Thanks, Andy.
SERWER: You're welcome.
CAFFERTY: Time for "The File."
Two senior U.S. lawmakers want to probe, an investigation, into charges the White House doctored government reports on global warming. Wednesday, "The Times" reported a White House official and former oil industry lobbyist with no scientific training edited government climate reports to play down the links between greenhouse gas emissions and global warming.
According to internal documents obtained by "The New York Times," in one instance, this guy -- Philip Cooney is his name -- added qualifiers like significant and fundamental before the word uncertainties to give the impression of considerable doubt about the findings. Representative Henry Waxman (ph) and Senator John Kerry wanted an investigation. If that's true, that's -- well, it's just.
Just because a politician's cheeks are worth pinching doesn't mean they're worth voting for. A study in today's "Journal of Science" suggests a baby face is a losing look for candidates. Voters often pick the candidates with more mature looks and those that exude confidence, over those with a round face, big eyes, small nose, small chin, a baby face. The study found that quick one second look at a candidate's photograph created an initial impression that often did not change.
Finally, Father's Day is on the way. TV viewers have weighed in with their favorite television dads. Survey done by TiVo, the top 25 dads include these. Number 10, Danny Tanner from "Full House." Number nine, the Reverend Eric Camden from "Seventh Heaven." Eight is Tim the Toolman Taylor from "Home Improvement." At number seven, Mike Brady.
SERWER: Yes!
CAFFERTY: Six, Jim Anderson of "Father Knows Best." The top five are these. Ward Cleaver. Howard Cunningham from "Happy Days." Pa Ingalls...
SERWER: Ingalls, yes.
CAFFERTY: I've never heard of some of these people. Pa Ingalls from "little House on the Prairie."
SERWER: "Little House"!
CAFFERTY: Sheriff Andy Taylor. And the number one TV dad is Cliff Huxtable, aka Bill Cosby. Mafia dad Tony Soprano barely made the list. He came in 24th out of 25.
HEMMER: You'd vote for him.
CAFFERTY: Absolutely.
COSTELLO: Yes. I could -- I can't imagine.
SERWER: Is that a New Jersey thing, right?
HEMMER: Unanimous.
CAFFERTY: That's my guy.
COSTELLO: You never watched the "Little House on the Prairie."
CAFFERTY: That's correct.
SERWER: No, that's a...
CAFFERTY: I don't watch "DAYBREAK," either.
SERWER: I can't see him watching that.
CAFFERTY: I'm just kidding.
COSTELLO: Do I deserve that?
CAFFERTY: I really didn't ever watch "Little House on the Prairie." Too syrupy for me.
SERWER: Yes, it's a little girls kind of thing, isn't it, Jack?
CAFFERTY: I guess, I don't like it.
HEMMER: It's a Friday. Think we'll get a verdict in Jackson today? A lot of people think Friday, getaway day.
CAFFERTY: Well, maybe. That sometimes...
HEMMER: What do you think? You think yes? You think yes?
COSTELLO: I think there's going to be a hung jury.
SERWER: I think there's a 26 percent. Go to InTrade.
HEMMER: Hit that Web Site.
CAFFERTY: He's going down, whenever it comes in.
SERWER: Yes, one of seven counts gets...
HEMMER: We will get to the deliberations in a moment here. Entering a sixth day out in California. And Anne Bremner's watching. She has a prediction, as well. We'll talk to her after this on AMERICAN MORNING.
(COMMERCIAL BREAK)
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