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CNN Live Sunday

Aceh Province Begins Slow Rebuilding Process; Retirement Rumors Surround Justice William Rehquist

Aired June 26, 2005 - 18:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CAROL LIN, CNN ANCHOR: Good evening from the CNN center in Atlanta. I'm Carol Lin. Our top story in just a moment. But first, stories making news right now.
A small earthquake rattled the mountains of Northern California and Nevada this morning. But there are no immediate reports of damage or injuries. The quake had a preliminary magnitude of 4.8. The epicenter was 20 miles southwest of Reno, Nevada.

Tens of thousands are in Flushing, New York, at the last night of Billy Graham's final crusade. Crowds of the faithful have gathered the past three nights to hear the 86-year-old evangelist speak. We are going to have live coverage in just a moment.

In the meantime, gas prices are on the rise, reversing a two- month decline. The Lundberg Survey says the average price of a gallon of self-serve regular jumped eight cents to $2.21, and that is just seven cents below the all-time high set back in April.

But right now this is our top story. We are going to begin with new developments in the case of an Alabama teen missing in Aruba. This just in to CNN. The father of the Dutch suspect held in connection with the disappearance of Natalee Holloway is being released, and another one of the suspects will soon join him. Our Karl Penhaul is in Palm Beach, Aruba, with more details.

Karl, why the releases?

KARL PENHAUL, CNN CORRESPONDENT: Well, Carol, the police commissioner Jan Van der Straten has told us literally in the last few minutes that Paul Van der Sloot, he's a judge here in Aruba and also the father of 17-year-old Joran van Der Sloot, also a suspect in this case -- well, the police commissioner has told us that the father, Paul Van der Sloot, will be released. And that on the orders of a judge.

Because today all five suspects went before a judge. It was initially thought that the judge had ordered the release of just one of those suspects, Steve Croes, a deejay on the party boat. Here the judge ordered his release because of lack of evidence.

It wasn't known at that stage he'd ordered a second release. But as I say in the last few moments, the police commissioner has told us that the release of Paul Van der Sloot will go ahead sometime this afternoon or sometime this early evening. The police commissioner wasn't aware of why the judge had taken this decision, but typically, it will be because there isn't enough evidence to continue holding him.

This, of course means that now, we're back to three original suspects in this case: Joran Van der Sloot, Satish and Deepak Kalpoe. Those are the three young men who were last seen in Natalee Holloway's company, leaving Carlos 'n Charlie's bar almost exactly four weeks now, Carol.

LIN: Karl, let's just talk a little bit more about the judge's release. I mean, on the one hand there may not be enough evidence against him on the disappearance. On the other hand, what if there was a strategy to put pressure on the judge's son to reveal more information? Couldn't it be that they're releasing the judge because mission accomplished. Maybe the younger Van der Sloot is going to start giving up some information now?

PENHAUL: Interesting you should say that Carol, because there had, as you suggest, been speculation that the arrest of Paul Van der Sloot was a tactic to pressure his son, Joran, who was detained and now more than two weeks ago.

And then we did hear a lawyer for Joran Van der Sloot as he went into court this morning, saying that Joran had been shocked by news of his father's arrest. That said, unclear whether Joran Van der Sloot has started to cooperate any more with authorities as a result of this that we may get some more information on that in the coming hours, Carol.

LIN: Karl, you've been on this story from the very beginning. Give me your gut feeling. Do you feel there's going to be a major development this week?

PENHAUL: Well, the prosecution had been telling us that they were advancing now very quickly on this case. Certainly Natalee's family who are here in Aruba said that they saw some very rapid developments in this case. They also took heart from the arrest of Judge Paul Van der Sloot on Thursday. I haven't had any official reaction from them just yet, but I'm sure that they will see the release now of Paul Van der Sloot as a setback in their terms.

And as I say, we're now back to the three suspects who have been arrested now for more than two weeks. And we know that, in their case, although law enforcement sources say there are cracks in their story, they certainly haven't told the full story yet, because there's still no sign of what happened to Natalee, Carol.

LIN: All right. Karl Penhaul, thank you very much. Karl is going to be on the story as soon as it breaks. We'll bring it to you.

In the meantime, a string of suicide bombings have left at least two dozen people dead in Iraq today. Hardest hit was the city of Mosul. The most recent attack was on a hospital.

U.S. military officials say a suicide bomber walked into the emergency room and blew himself up, killing five police officers. Earlier a bomb hidden on a watermelon truck exploded outside a police station and at least four police officers and a civilian were killed. Now in Baghdad, a roadside bomb killed a U.S. soldier today while two others were wounded. A mortar round exploded at a house in the capital city, killing a woman and her two kids.

Now in just a couple of days, we are going to find out how President Bush is going to go forward in Iraq, in his prime-time speech. Two of the military -- those top brass hit the Sunday talk show circuit to explain that they think there has been progress. And they also talked about a report that U.S. officials are holding talks with insurgents.

CNN's Elaine Quijano is following all of this from the White House. Elaine, good evening.

ELAINE QUIJANO, CNN CORRESPONDENT: Good evening to you, Carol.

That's right. Now, this is all part of a concerted effort by the Bush administration to get its message on Iraq out to the American people. And of course that message continuing to be that progress is being made. But critics contend that the insurgency is not abating. And they say the administration's portrayal is an unrealistic one.

(BEGIN VIDEOTAPE)

QUIJANO (voice-over): As insurgents attacks persist in parts of Iraq, a report in "The Sunday Times" of London is raising questions about the U.S.'s approach. The report says a small group of insurgent commanders recently held talks with several Americans in Iraq. The Bush administration is not denying the report, but officials insist they are not negotiating with terrorists.

GEN. JOHN ABIZAID, U.S. CENTRAL COMMAND: I'm not sure that I would characterize it as a dialogue between U.S. officials and insurgents. I would say that U.S. officials and Iraqi officials are looking for the right people in the Sunni community to talk to in order to ensure that the Sunni Arab community becomes part of the political process.

QUIJANO: Here at home, as the Bush administration is trying to shore up support for the Iraq war, critics continue to charge that officials are painting too optimistic a picture. They point to rising casualty numbers, the result of daily insurgent attacks against Iraqis and coalition forces.

SEN. CARL LEVIN, (D) MICHIGAN: It's not the kind of dynamic which I think we ought to say is acceptable. And the status quo to me is just simply not working. And we've got to change the current dynamic in a number of ways.

QUIJANO: But Defense Secretary Donald Rumsfeld says if history is any guide, defeating the insurgents could take years.

DONALD RUMSFELD, SECRETARY OF DEFENSE: The insurgency will be put down by the Iraqi people, over time. It won't be won by the coalition forces. Foreigners don't win -- defeat insurgents. What will happen is, at a certain moment, it will be on a level that the Iraqi security force can handle it.

(END VIDEOTAPE)

QUIJANO: As for President Bush on Tuesday, as you mentioned, the president will be delivering a prime-time address on Iraq. He'll be doing that from Ft. Bragg in North Carolina. And that date, a significant one, marking the one-year anniversary since the coalition government handed over power to the interim Iraqi government -- Carol.

LIN: Elaine Quijano live at the White House, thank you.

Well, the sandy white beaches along the Florida panhandle are back open, but few people are venturing into the water after a deadly shark attack. A 14-year-old girl was killed yesterday in Destin.

Reporter Dan Thomas from CNN affiliate WEAR joins me now from nearby Miramar Beach.

Dan, are people even thinking about going back into the water again today?

DAN THOMAS, WEAR CORRESPONDENT: Well, a few are going into the water but not going as far out as where this incident happened. If you look behind me here, you can see that there are quite a few people enjoying the nearby shore, they're frolicking in the surf as it crashes right onto the shore here.

This incident yesterday happened about 200 yards out from the shore in what locals refer to as the second sandbar out there. They're actually standing up in the water. We talked to a kid who was with her earlier, another 14-year-old who says it all happened in a matter of seconds. She was just dragged right under the water. The next thing he knows, a surf he was coming in to save her.

We talked that-to-that surfer earlier today as well. This is the story he told us.

(BEGIN VIDEO CLIP)

TIM DICUS, TRIED TO SAVE SHARK VICTIM: She was unconscious when I got to the blood pool. So I pulled her from the water, tried to pull her from the water. The shark had made an attack during, when I was trying to get her out of the water. But it gave me enough time to get her onto the board, once he had to come back around to make another attack.

So, I got her onto the board and he proceeded to continue to attack all the way from the outer bar to the beach.

(END VIDEO CLIP)

THOMAS: And today, the sheriff's office has doubled the amount of patrol out here. Of course, there no lifeguards employed by Walton County, but they do say that their sheriff's deputies are trained in water rescue. They also do have a flag system out here, right now that flag system is at its lowest level, it's a green flag day -- Fredricka (sic).

LIN: All right, a green flag day meaning calm surf. We did see some earlier video, though of something in the water. There were aerials taken earlier today. And I saw a black object quickly moving its way through the water. Have you seen sharks offshore today?

THOMAS: I, personally, have not seen a shark. But like you said, there are several black objects in the water out here. No question, there are sharks out there.

We've had stories from locals today, several stories of shark sightings out there. We even saw some home video of what residents say is without question a shark. They evacuated the water. It actually up came just onshore -- about five feet offshore, which the sheriff's office says is extremely unusual. Most of the sharks stay farther out, where this incident happened. Of course, that video tells a much different story.

LIN: All right. Dan Thomas, thank you very much for reporting for us.

Tim Dicus, you saw him in the piece, he was the surfer who is risked his life to save the girl. You are going to hear his entire story tonight. You're not going to believe it, as the shark continued to attack him and the girl as he tried to make his way to shore. You are going to hear his own story, that on CNN SUNDAY NIGHT at 10:00 Eastern, 7:00 Pacific.

In the meantime, six months ago today a devastating tsunami roared across south Asia. How is the region getting back on its feet?

Will this man make a decision this week that could create an opening and leave the land's highest court?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What I'm willing to go to jail for is not just this client but all clients. And the total foundational principle of the field is that in order to be able to do therapy with any sort of integrity, it has to be confidential.

(END VIDEO CLIP)

LIN: A judge is trying to force a rape counselor to choose between guarding her patient's privacy or going to jail.

(COMMERCIAL BREAK)

LIN: Today marks a somber milestone for survivors in Southeast Asia and people around the world. Exactly six months ago on the day after Christmas last year, the tsunami struck. 178,000 people died. Another 50,000 are still missing.

When the wall of water subsided, some 2.2 million survivors were left homeless. And yet rebuilding, still is daunting, especially in the hard-hit area of Banda Aceh in Indonesia. Our Atika Shubert talks to the man in charge of recovery efforts there about the challenges he faces.

(BEGIN VIDEOTAPE)

ATIKA SHUBERT, CNN CORRESPONDENT (voice-over): Dancing amid the ruins to mark six months since the tsunami struck. Their linked arms form a wave, but the song calls for strength in the face of adversity.

The message is not lost on Kuntoro Mangkusubroto, the man responsible for rebuilding Aceh. Appointed little more than a month ago, he now has the massive task of reconstructing more than 173,000 hectares of land.

(on camera): Progress has been slow. Six months after the disaster, many are still living in tents. Hopes are high that Kuntoro will be able to deliver aid and begin building houses here as soon as possible before another six months go by.

(voice-over): Kuntoro's first priority, housing. More than 500,000 are homeless. Kuntoro makes daily field visits to hear their complaints, from leaky tents to fears of corruption. Something survivors have in common with donors: Indonesia is ranked among the top five most corrupt nations in the world, according to Transparency International. With more than $7 billion pledged to Aceh from international donors, it is Kuntoro's job to make sure that none of it gets into the wrong hands.

KUNTORO MANGKUSUBROTO, AGENCY FOR RECONSTRUCTION: Corruption is our No. 1 enemy. We have to eradicate that. We have to be accountable for those who donated the money.

SHUBERT: And accountable to those who need it most. Saiful lost his mother, and everything he owned in the tsunami. He now lives with three others in this tent, determined to rebuild on his land. He is hopeful, but wary that Kuntoro can deliver.

"He seems sincere," Saiful says. "But he can only promise. He says he will help, but he doesn't say when. And all we can do is wait."

Kuntoro is promising Aceh not just a return to normal, but to a better life. He has moved his family here and become an Aech resident. His mission should last four years. But he says he won't leave until the job is done.

MANGKUSUBROTO: We have to build it back up better, such that we have a stronger foundation for the people of Aceh to be at on par with other communities in Indonesia, as well as the world.

SHUBERT: Words that Aceh wants to hear and hopes will come true.

Atika Shubert, CNN, Banda Aceh.

(END VIDEOTAPE) LIN: Time now for news from around the world. Officials in Afghanistan are setting a string of massive bonfires to destroy some 60 tons of stockpiled drugs across the nation. The largest in Kabul torched 13 tons of opium, nine tons of hashish, two tons of heroin and six tons of other narcotics.

A deadly day on the job at one Ukrainian coal mine. Officials say a methane gas explosion some 1,800 feet below the ground killed five miners were killed, and seriously injured three others. Ukrainian coal mines are considered among the most dangerous in the world. Nearly 4,300 deaths have been reported in Ukrainian coal mines since the 1991 Soviet collapse.

And an Israel newspaper reports Israel is confiscating key parts of unmanned drone aircraft in China in an attempt to diffuse U.S. anger over an arms deal. China sent the parts to Israel last year for routine maintenance, but Washington says China really wants an important technological upgrade to the aircraft sold to China by Israel in the 1990s.

Well, if your trying to lose weight with diet food could you be setting up to fail? I'll bust the five most common diet myths with "Health" magazine.

And it's the final night of his final U.S. crusade. You'll see a live report from New York on the Reverend Billy Graham's last night on stage.

(COMMERCIAL BREAK)

LIN: He dedicated his life to preaching the gospel around the world. Now evangelist Billy Graham is down to the final hours of his last crusade in the U.S. Our Alina Cho is in New York with a look at what the reverend had to say about the emotional milestone -- Alina.

ALINA CHO, CNN CORRESPONDENT: Carol, extraordinary really, Billy Graham's career has spanned six decades. And ever the professional, he did not shed a tear tonight.

He did, actually, spend some time thanking long-time associates. And he said, with all his heart, he loves New York. And with God's help, he will be back.

New York certainly loves Billy Graham. Early estimates from organizers, 90,000 people here today for his final sermon in New York, in America. He says this will be his last crusade in America, but he is considering an invitation to preach in London this fall.

(BEGIN VIDEO CLIP)

REV. BILLY GRAHAM, EVANGELIST: Sitting up here on the platform is a long time friend, Richard Beaus, whose the minister -- has been a minister for many years of a great Anglican Church in London. And we're going to talk about going to London possibly for a crusade. After being here, he may decide he doesn't want us. But we love London. We love the people in London. And I've held many crusades in that area, and in Great Britain. And so we'll talk to him after awhile.

(END VIDEO CLIP)

CHO: Graham has preached to more than 210 million people in more than 185 countries. This is his eighth trip to New York, and his first since 1991.

Carol, as you know, I've been covering this revival all weekend long. It's been a combination of prayers, sermon and song. At times, it seemed less like a revival and more like a rock concert.

We spoke to several people this weekend, and I asked many of them, will there ever be another Billy Graham. And consistently, time and time again, people said no, they will miss him. But God will raise up others eventually to follow him -- Carol.

LIN: Yes, very large shoes to fill indeed. Let's hope we do hear and see him preach in London this fall. Thanks very much, Alina. Alina Cho reporting live in New York.

Tonight, at 7:00 Eastern, "PEOPLE IN THE NEWS" takes an in-depth look at the life and ministry of Billy Graham. That program begins in about 35 minutes, so stay right with us.

In the meantime, its decisions affect every American's life. Is the U.S. Supreme Court about to lose its most powerful member? There may be a decision this week.

And should a judge force a rape counselor to give up confidential files on a cadet whose search for justice is on hold?

(COMMERCIAL BREAK)

LIN: Good evening. Here's a quick look at what's happening in the news.

In Aruba, the Associated Press says a judge who is the father of a suspect in the disappearance of Natalee Holloway has been released from jail. And another suspect, disc jockey Steve Croes will be freed due to a lack of evidence.

In Iraq, four suicide bombers struck within 18 hours in and around Mosul. At least 19 people were killed and more than two dozen wounded. One blast occurred at the entrance of a hospital emergency room.

Beaches in northwest Florida are open again, but most swimmers are staying away because of yesterday's fatal shark attack near Destin. The 14-year-old victim and a friend were swimming and using boogie boards when the shark pulled the girl under.

And this was the scene today after a twin engine plane with a pilot and five passengers on board crashed into Lake Huron off Michigan. All six were rescued from the plane, which ended up about 200 feet from shore. The pilot was the only one reported injured.

And be sure to check out CNN's most popular video of the day at CNN.com. All you have to do is click on the video link at our Web site.

The U.S. Supreme Court will wrap up its term tomorrow with several high-profile cases still pending on the docket. But those legal issues have paled in comparison recently to the ultimate high court mystery. Will any of the justices be calling it quits? Kimberly Osias has more from the U.S. Supreme Court -- Kimberly.

KIMBERLY OSIAS, CNN CORRESPONDENT: Well Carol, it's certainly the buzz inside the beltway. There's that old expression that those in the know really aren't saying and those that are saying, don't know.

There's still some big decisions to be handed down tomorrow, among them, one on Internet file swapping another on the power of domestic restraining orders. And then one, probably the most anticipated decision, is that of the ten commandments. A high court hasn't ruled on that since 1980. But all of that may well be eclipsed if the chief justice steps down.

(BEGIN VIDEOTAPE)

OSIAS (voice-over): He's been on the bench since March, following months of cancer treatment. Last week was no different. The 80-year-old chief justice leaned on a cane, but walked to the high court on his own.

Trachea tube in place, the chief justice has been weighing in on final court opinions. Although nothing publicly has been said, speculation swirls around whether he'll stay or go.

Court insiders say it all boils down to his health.

TOM GOLDSTEIN, SUPREME COURT ANALYST: The chief justice definitely will stay, I think, as well as his health will permit. He likes his job. Liberals, conservatives, everybody agree he's incredibly good at his job. The question is will his health permit him to stay?

OSIAS: Little is known publicly about his thyroid cancer, whether it's in remission or whether it's more aggressive. But those close to the White House say the president isn't waiting for a vacancy. In fact, the list may be a short one, with about five possibilities.

GOLDSTEIN: I think this president likes to make clear that he's decisive. And so I expect that he would follow the model of his father, who had two appointments to the Supreme Court, both named within a couple of days.

So, if the chief justice is to retire relatively early in the week, it would surprise me if we went beyond the end of the week before we had a named nominee. OSIAS: With several possible court openings during the president's second term, the White House has been gatherings dossiers and vetting potential candidates for years. The replacement of Rehnquist with another conservative justice won't likely change the ideological makeup of the high court, but with hot button issues like gay marriage, abortion and affirmative action, the drumbeat over a possible vacancy is starting. Some lawmakers going on the record.

SEN. EDWARD KENNEDY, (D) MASSACHUSETTS: Those who want the Senate to be a rubber stamp for a White House nominee to the Supreme Court will undoubtedly try to rush us through our duty. But if we are to do our job for the American people in good faith, the process of considering a Supreme Court nominee cannot be rushed.

(END VIDEOTAPE)

OSIAS: A retirement announcement could have come from the bench tomorrow. However, court insiders don't believe that's going to happen. Primarily because Rehnquist is intensely private. And also this is a man that is very concerned with the happenings of the court and wouldn't want to detract from the important business at hand -- Carol.

LIN: So, Kimberly, what kind of public turnout are you expecting, given this last week and how important it is?

OSIAS: Well, of course it's quiet here right now. We expect a dramatically different feel tomorrow. There should be a lot of protesters primarily here for a very hot button issue -- the ten commandments issue. And there will be attorneys and members of the public just watching and waiting. Big day tomorrow here.

LIN: All right, and the ten commandment issue is the issue of whether the ten commandments can be posted in public places.

OSIAS: That's exactly right, outside courthouses in particular and government property.

LIN: All right. Kimberly Osias, it's going to be a big week. Thank you very much.

A bipartisan group of lawmakers says conditions are improving at the U.S. military lockup in Guantanamo Bay, Cuba, but more needs to be done. In fact, members of congress toured the facility yesterday. And during their visit, they witnessed interrogations, toured cell blocks and ate the same lunch given to detainees. And just in case you wondered what they were eating? Orange chicken within rice and okra, choice two of fruits, too.

The trip comes amid serious allegations of prisoner mistreatment and calls to close the facility. Two lawmakers on yesterday's tour are adding their voices to the debate.

(BEGIN VIDEO CLIP)

REP. MARSHA BLACKBURN, (R) TENNESSEE: We know the people are there for a reason. An enemy combatant is a person who has been or has ties to the Taliban, to al Qaeda. They are people that are trying to harm our country. They're people that are trying to harm our men and women in uniform.

REP. SHEILA JACKSON-LEE, (D) TEXAS: We should have the opportunity for charges to be pressed, if you will, indictments to be had, trials to be had and convictions. And if they are convicted, and then they are sentenced, that is appropriate. But what we have now is the indefiniteness and it is a potential threat, if you will, to the security and safety of our men and women on the front lines.

(END VIDEO CLIP)

LIN: Well, two advocacy groups are accusing the Justice Department of violating detainees' rights. The ACLU and Human Rights Watch are releasing a report tomorrow. It claims that the U.S. misused the material witness statute to indefinitely keep terrorism suspects in custody. Now, that law allows the government to arrest people needed as witnesses who might flee before testifying.

Well, he's accused of raping a female classmate while at a cadet at the Air Force Academy, but may not have to face charges after all. A military judge has shelved the rape case, because the accuser's rape counselor refuses to turn over confidential therapy records. And now the counselor may actually face jail time. Randi Kaye reports.

(BEGIN VIDEOTAPE)

RANDI KAYE, CNN CORRESPONDENT (voice-over): She is a rape counselor, but in the eyes of the federal government, Jennifer Bier belongs in jail.

JENNIFER BIER, RAPE COUNSELOR: I just had the sense of wow, you know, some mistake is being made here and somebody's confused.

KAYE: Bier is caught in the middle of a rape case involving two former cadets from the United States Air Force Academy in Colorado Springs. She faces a terrible choice, betray her client's most private conversations as the military judge and this courtroom demands, or disobey and possibly go to jail.

DAVID SHELDON, DEFENSE ATTORNEY: The military judge in this case has ruled. He has ordered her to produce these records pursuant to federal law. She is not above the law.

KAYE: Do you consider yourself above the law?

BIER: No, absolutely not.

KAYE: But her case will likely make law, about how far the military can reach into civilian counseling files. Jessica Brakey claims she was raped in the fall of 2000 when she was a first year Air Force Cadet. It was at a wilderness campground, she says, at night, during basic training. And, she adds, it took two years to gain the courage confront her alleged attacker. Now a first lieutenant, Joseph Harding is facing a court-martial. JESSICA BRAKEY, FORMER USAF ACADEMY CADET: When I eventually came forward to report the rape, it was after I had been meeting with other fellow rape victims and a group therapy-type setting.

KAYE: Her case, just one of 140 alleged sexual assaults at the Air Force Academy in the last decade. Allegations that have led to sweeping changes in policies and administration.

BRAKEY: A lot of the girls are being pushed out of the system. There was a lot of retribution, there was a lot of intimidation and there was a lot of fear.

KAYE: After the alleged assault, Brakey sought out Jennifer Bier, a civilian counselor with no ties to the Air Force. But the military court now wants to find out what was discussed during that one on one counseling. The judge subpoenaed all Bier's records of those sessions, citing patient/counselor confidentiality, Bier refuses to turn them over.

You're not looking for special treatment?

BIER: No, I'm just looking for clarification, which has always been granted to therapists in terms of privilege. And why the military thinks they can take that away.

KAYE (on camera): And so for that, you, yourself, are willing to go to jail?

BIER: What I'm willing to go to jail for is not just this client, but all clients. And the total foundational principle of the field is that in order to be able to do therapy with any sort of integrity, it has to be confidential.

KAYE: Colorado law prohibits therapists from releasing counseling records without permission from their clients.

BIER: So I sent off this nice little letter saying I'm sorry, I can't comply with the subpoena. Here's the statutes which protect client/patient privilege. Have a nice day.

KAYE: But because the case is being heard in this military court, the defense says military rules of justice apply. And so far, the appeals court has agreed that in a court-martial, all therapy records are subject to subpoena. After the military judge reviews them, he decides whether to turn them over to the defense.

(on camera): What could happen to your client?

SHELDON: He could go to jail for the rest of his life.

KAYE (voice-over): Lawyer David Sheldon is defending First Lieutenant Harding, the accused rapist.

(on camera): What is it, do you think, in those records? What's so important to you and your client? SHELDON: There's always an issue with a witness, as to whether the person can recall, retell and perceive of events, to the extent that any witness makes inconsistent statements, those statements, if they're material to the defense, those should be discovered.

KAYE: If she doesn't turn them over do you think she should go to jail?

SHELDON: Yes, yes, absolutely. Anyone who finds themselves ordered by a court and is, in essence in contempt of court and not following a lawful court, should be held in contempt.

KAYE: I mean, we're not just talking about you spending a few days in jail. We're talking about you losing what you've worked for, losing your career, losing an income for your family.

BIER: Right.

KAYE: And that's still OK with you?

BIER: Well, it's not OK with me, but it's demanded of me. Because the flipside of it is, for me to give up everything that I believe in. I don't know how to be the therapist that says yes, come, talk to me. We'll work things out, and then I say to you, but, if it gets too tough for me, and I have to make a decision, sorry, you lose.

KAYE: What would you want to ask the lawyer for the defendant in this case?

BIER: I would ask him, are you really telling me that you can't do your job without violating this woman again?

KAYTE: Bier is concerned the military's practice of going after private records sets back the healing process for victims.

BIER: Private thoughts, intimate details, deeply painful information does not need to be shared. It's completely unacceptable. It's another intrusion. It's another violation.

KAYE: But the defense says keeping the records sealed means an officer facing life in prison may not be able to fully defend himself.

SHELDON: So to do my job, we need access to those records.

KAYE: Bier says turning over those records inadvertently sends another message to future victims: you can choose justice, or you can choose healing. But if the military gains access to your private files, you may not be able to have both. Which is why she says she's choosing jail. Randi Kaye, CNN, Colorado Springs, Colorado.

(END VIDEOTAPE)

LIN: Well the judge has put the rape charge against Harding on hold. He says the case will not go forward unless Jennifer Bier gives up the therapy records. Prosecutors are appealing that ruling. Harding still faces indecent assault charges against another cadet. Well, here are some stories making news across America. More hot and dry weather is making it tough on hundreds of firefighters in Southwestern Utah. Lightning apparently ignited a string of fires on Wednesday. The largest has burned about 60,000 acres and forced some evacuations from the town of Gunlock.

And police in Arizona are searching for this man, seen leaving a neighborhood where six people were later found shot to death in a home in Yuma. The victims include a man, woman and four children. The children were between 6 and 12-years-old. It's not clear if all the victims were related.

In West Virginia, here's a highway from heaven or at least an answer to the pilot's prayers. He spotted Interstate 77 just after his newly-purchased plane lost power. He managed to land safely and escape injury. Emergency crews then escorted the plane and pilot to safety.

Another tragedy narrowly averted in Ohio. This helicopter crash landed on an airport runway only about a quarter mile from the Grand Prix of Cleveland. Moments later -- well actually, moments earlier the chopper had flown over the crowded grandstands on the airport ground. The pilot was the only person on board and walked away from the crash.

Well, even a hero needs a little help then And Now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is Specialist Mattier, this is the guy that up armored my side of the vehicle before I got blown up. This is one of my heroes right here.

(END VIDEO CLIP)

LIN: Still to come, how one man's ingenuity helped his friend help save others in the line of fire.

And up next, are carbohydrates really to blame for America's expanding waist line? You know what, we're going to debunk some diet myths, next.

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LIN: It's been a part of the Charlotte, North Carolina, skyline for three decades, but it took just 14 seconds to destroy it. This morning, workers used 2,300 sticks of dynamite to implode the old Charlotte Convention Center. The building will be replaced by a mega entertainment complex, complete with movie theaters, restaurants, and a 53-story residential tower. There it goes.

OK. We go from one implosion to another. Only this one is of a diet-conscious kind. If you're a chronic carb counter or fat watcher, you may have fallen victim to some diet myths. So, what should you be eating? Well, in our regular "Fountain of Youth" segment Samantha Heller now of "Health" magazine joins me with some food for though -- or some slimming thoughts.

Hey there, Samantha.

SAMANTHA HELLER, HEALTH MAGAZINE: Hi.

LIN: Let's attack what we consider to be the five major myths, OK. And you can just help us get to the bottom line.

HELLER: Sure.

LIN: When it comes to cutting carbohydrates helps you lose weight. What do you think? It is the prevailing thought out there.

HELLER: Well, the good news is the carbophobia is finally dying down.

LIN: I love that, carbophobia, because I love pasta.

HELLER: We all love pasta. There are good carbs and there are carbs that aren't so good. The ones we want to stay away from are sweets and candies and sodas and white bread and white rice and white pasta. But the carbs we want to have in our diet, whole wheat bread, whole wheat pasta, kenwa (ph), which is a great grain people have heard of, oats, barley. You know, whole grains are what we really want to have. And, of course, carbohydrates are in fruits and vegetables. So we do want to include those as often and as much as we can.

LIN: All right. Here is a myth that makes sense. Diet foods help you drop pounds. You go to the store, you see on the label, no fat, low fat. That would make sense that it would help me lose weight.

HELLER: It might make sense if you didn't look at the label. One of my favorite examples of this is the reduced or low-fat peanut butters. If you look at the label, they're the exact same calories for the same amount of regular peanut butter. And what they did is they took out the healthy unsaturated fat in the peanut butter and they added sugar. So, you're better off with the regular version.

Also something can say low sugar and still be 300 calories or low fat and still have added sugar and be calories. So a calorie counts.

LIN: You know what, you're right. Especially in some juice labeling right, because it'll says half the calories, but that's a good point. I usually don't go beyond that label.

HELLER: And it depends on how much you're going to eat. And remember, you know, the last decade we had the sugar-free cookies that everyone went crazy for -- I'm sorry, the fat-free cookies. And people would eat the whole box. And gain weight.

LIN: Yeah. So, another myth then, the more you cut calories, the more weight you're going to lose. Once again that seems to make sense to me. HELLER: Well, technically that's true. If you don't eat you will lose weight. But if you're restricting your diet really drastically over time, your body which is designed to survive, is going to slow down and conserve, because it doesn't know when your next meal is going to run by.

LIN: So, what's the minimum number of calories that you should consume on a diet?

HELLER: Well, for weight loss, we're really looking at about 1200 to 1500 calories. You don't want to go below that. You don't want to lose weight quickly. And frankly, what you want to do, is create a lifestyle of healthy food and diet and exercise that you can maintain forever. And not just cut calories drastically for a short period of time.

LIN: OK. Well, some people, you know, they like to eliminate categories. That's an easy way to diet. And dairy is a quick one. So myth, dairy makes you fat.

HELLER: Well technically, again, eating too much of anything, whether it's healthy or not, can help you gain weight or lose weight if you're eating less of it. But dairy will not make you fat in and of itself.

What we want to stay away from are the whole, full fat dairy products, like milk, cheese, cottage cheese, yogurt, ice cream. But we do want the low fat or no fat versions of those food, because we want the calcium, the vitamin D.

LIN: OK. All right. We covered the white foods. Let's cover the the brown foods. You don't like to eat brown like, you know, brown bread. I think lots of grain. So myth, brown equals whole grain. It doesn't?

HELLER: That's right. It doesn't necessarily. What you have to look for on the label is the word whole: whole wheat, oats, whole grain. It's going to believe on the label or in the ingredient list. You'll have to bring your glasses, the print is usually small. And sometimes it's a mix of whole and refined grains.

But that's what we're looking for, something can say multigrain unbleached wheat flour. But if the word whole is not on the package, it's not a whole grain.

LIN: All right. Ten seconds. Salmon, fish, what's the word on that?

HELLER: Salmon, fish -- fish is really good. It does have those omega 3 fat acids. It's a great, lean source of protein. But you want to vary the fish you eat, because of some of the pollutants and the mercury in our waters.

LIN: Good advice. Thanks very much Samantha Heller, "Health" magazine.

HELLER: My pleasure.

LIN: Well, the first time since World War II, a member of Oregon's National Guard has received a Silver Star. How did Sergeant Matthew Zedwick do it? His story of courage under fire, next.

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LIN: Every week, we like to bring you the more personal stories from the front lines. And today we bring you the story of Sergeant Matthew Zedwick. The Oregon National Guardsman is alive and back home now thanks to a twist of fate and a self-less attitude. Kitty Pilgrim has his story. .

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UNIDENTIFIED MALE: This is Specialist Mattier (ph). This is the guy that up armored my side of the vehicle before I got blown up. This is one of my heroes right here, helped me out that day.

PILGRIM: Sergeant Matthew Zedwick holds a special place here at the Oregon National Guard Armory in Corvallis, he's the recipient of the Oregon guard's first Silver Star since World War II. Zedwick nearly lost his life driving in a convoy when a car bomb exploded, tossing the lightly armored humvees into the air like toys.

Zedwick wasn't supposed to drive that day, but a last minute detail forced a switch. The back of his vehicle, where he usually rode, was destroyed, and a soldier lost his life. But his driver's side survived, thanks to the improvised armor his buddy installed.

SGT. MATTHEW ZEDWICK, OREGON NATIONAL GUARD: He up armored the inside the vehicle with the cap, he put extra Kevlar and plates under the seat and stuff like that.

PILGRIM: Surviving the blast, Zedwick braved a hail of bullets to see if his buddies were OK. As he was dragging a fellow soldier to safety, a second blast.

ZEDWICK: That was right after I pulled Sergeant Davis (ph) out of the vehicle and had the door open. So the door was like between us and the blast. I just pulled him out, and I was kind of hunkered over him. PILGRIM: Zedwick saved the soldier's life. After pulling him to safety, Zedwick then continued to fight, ignoring the shrapnel that had pierced his wrist.

ZEDWICK: My lieutenant came up and, you know, asked me if I was all right. And I was like, I just -- just have a dead arm, you know. He checks it out, and I have like three pieces of shrapnel in my arm, and a chunk in my wrist.

PILGRIM: Battered and bruised, he returned to duty the next day, impressing a fellow soldier who served in Vietnam and Iraq.

SGT. RILEY KING, OREGON NATIONAL GUARD: It's an incredible honor to have deployed with Sergeant Zedwick. And he represents the new generation that stepped up to the plate and has served courageously and honorably.

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LIN: For more personal stories, catch "WOLF BLITZER BEHIND THE LINES." That special report airs next Sunday, July 3 at 1:00 p.m. Eastern.

And that's all the time we have for this hour. Coming up next, "PEOPLE IN THE NEWS" takes an in-depth look at the life of Reverend Billy Graham.

At 8:00, "CNN PRESENTS: Melting Point," an hour-long look at the debate over global warming.

At 9:00 Eastern, it's an encore presentation of Larry King's interview with Billy Graham.

And I'll be back at 10:00 Eastern. In fact, I'm going to be speaking with the man who tried to help the victim of this weekend's deadly shark attack off the Florida coast.

The hour's headlines when I come back. And then "PEOPLE IN THE NEWS"

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