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CNN Live At Daybreak

Will a Legal Loophole Leave a Chilling Confession Out of the Courtroom?

Aired June 30, 2005 - 06:00   ET

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

CAROL COSTELLO, CNN ANCHOR: It is Thursday, June 30.
Will a legal loophole leave a chilling confession out of the courtroom? Straight ahead on DAYBREAK, three simple words throw a wrench into the once solid case of John Couey. He's accused in the kidnapping and killing of a little girl in Florida.

A crackdown in airport security and it targets your wallet. We'll tell you about some big time fines you could face.

Plus, some former American hostages have questions for the new president of Iran. They say he took part in the storming of the U.S. Embassy back in '79.

ANNOUNCER: From the Time Warner Center in New York, this is DAYBREAK with Carol Costello and Chad Myers.

COSTELLO: And good morning to you.

We'll have more on that alleged confession in the Jessica Lunsford case in just a moment.

Also ahead, making things easier for so-called military brats. We'll tell you about one group's push for education.

Plus, can you say payback? A critic of the Supreme Court's decision on eminent domain says turnabout is fair play. Wait until you hear what he is suggesting.

But first, now in the news, day two of clashes between Israeli troops and Hezbollah fighters. A gun battle erupted today along the Israeli-Lebanon border. Both sides are fighting over an area the United Nations says actually belongs to Syria.

The ninth interest rate increase of the year is expected today from the Fed chair, Alan Greenspan. He's meeting with policymakers in Washington. Analysts widely expect yet another boost in key short- term interest rates.

And in southwestern Minnesota, this is one of several funnel clouds that accompanied severe weather. This looks nasty -- Chad.

CHAD MYERS, CNN METEOROLOGIST: It does. About a dozen tornadoes there yesterday. A couple across what we call Tail End Charlie down in Kansas, as well. And one confirmed tornado in the Berkshires, a small F0 there in the Berkshires. But that is a pretty impressive storm and the guy who's taking those pictures, or ladies who are taking those pictures, way too close. And so if you're out there, you need to be a little bit more careful than that, because around that storm there could certainly have been some huge hail if it had that much energy to make that kind of a tornado.

(WEATHER REPORT)

COSTELLO: And remember, you can view more CNN reports online. Just visit cnn.com, click onto "watch" and check out some of the most popular stories.

In the news this morning, there could be a legal loophole in the case against John Couey. Florida police say Couey confessed to killing Jessica Lunsford back in March. Now, the convicted sex offender's confession may never be heard by a jury.

Authorities say Couey confessed to the crime after taking a polygraph on March 18. Last week, Citrus County police said Couey gave them a chilling account of how he kidnapped, raped and then buried the 9-year-old girl alive.

At issue is an audiotape of the police interrogation the day before Couey's alleged confession.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: John, would you take a lie detector test for us?

JOHN COUEY: I guess. I want a lawyer. (INAUDIBLE)

UNIDENTIFIED MALE: I'm just asking. I'm just asking. Would you? I'm not saying do it now, I'm just saying would you?

COUEY: I would -- I just want to talk to a lawyer. I want a lawyer here present. I want to talk to a lawyer. I mean if people are trying to accuse me of doing something I didn't do -- I didn't do it -- I ain't, you know, (INAUDIBLE) -- I want to talk to a lawyer.

UNIDENTIFIED MALE: OK. Hang on. Hang on. Hang on. So if we were to do a lie detector test, you would want to get a lawyer for that?

COUEY: I want to talk to a lawyer.

UNIDENTIFIED MALE: You want to talk to a lawyer?

COUEY: Yes.

UNIDENTIFIED MALE: But are you OK with talking to us right now about stuff?

COUEY: Yes, sir. I need to talk to a lawyer because I'm just saying, I mean, you know -- I'm trying to be honest with you. I'm trying to tell you -- you asked me about my past and I'm trying to tell you all that. I had nothing to do with this. (END VIDEO CLIP)

COSTELLO: The problem is investigators did not provide Couey a lawyer at that time. So the question this morning -- why did investigators take a chance at bungling this case, especially when they knew it involved a child and sensational media coverage?

Let's head live to Miami and our legal analyst, Kendall Coffey -- good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.

COSTELLO: OK, we heard Couey on that tape asking for an attorney. He asked for a lawyer seven times.

What are the rules?

COFFEY: The rules are that if you make an unequivocally, clear cut request for a lawyer, the interrogation is supposed to stop. You're supposed to have access to a lawyer. That's Criminal Law 101.

COSTELLO: So the very first time someone asks for a lawyer, you are to provide a lawyer?

COFFEY: The interrogation is to cease as long as it is a clear request. Of course, one of the many arguments the prosecution is apparently going to make, Carol, is that he wasn't necessarily asking for a lawyer for all purposes of the interrogation, but just with respect to a lie detector test. It sounds like hair splitting, but believe me, the prosecutor is going to look for every argument they can to try to get that confession before a jury.

COSTELLO: Oh, you're probably -- you know, this is a man who confessed to raping a little girl over several days, burying her alive. I mean you don't want to make a mistake.

Were police under so much pressure to get someone, maybe they ignored the rules because of it?

COFFEY: Get someone, but also to find out what was the status of Jessica. Was she still alive? And I think one of the arguments that prosecutors might make is at the time this questioning took place, it wasn't just a question about a murder months after the fact. There was still some hope that she might be alive and I think prosecutors will argue that this was still, from the perspective of questioners, potential a life threatening emergency, try to find her before it was too late. It might justify some reduction of the normal rules that apply with Miranda warnings.

COSTELLO: You know, I guess I'm always amazed that these kinds of mistakes are made, especially when investigators know a tape is rolling.

They do know that, right?

COFFEY: Of course they do. They're the ones that are initiating the tape. But, as you say, there's a huge amount of pressure and they also are trying to do everything they can to make it successful. For example, the next day when the questioning resumes and you get this absolutely blood chilling confession, all the details, burying her, the stuffed animal and everything that's so horrifying, they gave her -- they gave him the Miranda warnings three or four times and attempted to establish on the tape that it was Couey who had initiated the desire to resume the interrogation, even after the day before he had, in effect, asked for a lawyer.

If they can convince the judge that it was Couey who had a change of mind rather than the police that changed his mind for him about resuming the interrogation, they've got a real shot at allowing the confession to get in front of the jury.

COSTELLO: We'll see what happens in court.

Kendall Coffey live from Miami this morning.

Thank you.

In another high profile child murder case, a jury in Fresno, California has recommended the death penalty. Marcus Wesson was convicted in the murders of nine of his own children. Prosecutors say he ordered the killings during a two day stand-off with police. Wesson fathered some of the youngest children with his own daughters and nieces. Sentencing is set for July 27.

It has now been a month since Natalee Holloway disappeared. Holloway's mother says she is devastated by the release of Judge Paul van der Sloot. Aruba's chief prosecutor says van der Sloot counseled his son and two brothers still in custody. The attorney general, Karen Janssen, tells CNN that the judge told them there is no case if no body is found. In fact, the father -- that's what they're alleging -- the father told the son and his two friends that there's no case unless a body is found.

Of course, we don't know how this will play out. Of course, we'll keep following this story. Natalee Holloway remains missing.

In the meantime, a former party boat D.J. who had been held for 10 days in the Holloway case has been released. But those other three suspects are still in custody. Police say there wasn't enough evidence to hold Steve Croes.

He told our Paula Zahn he initially lied to investigators, telling them he saw Natalee Holloway being dropped off at her hotel.

(BEGIN VIDEO CLIP FROM CNN'S "PAULA ZAHN NOW")

STEVE CROES, FORMER SUSPECT: Well, what I hear that night, that night or afternoon, sorry, at the Internet cafe was like the story that everybody knows here on the island, which is the one that they dropped the girl at the Holiday Inn, at the lobby, that she fell on the floor and then one of them tried to help her and she refused and then they still helped her and dropped her to the lobby and then they left. That is the story that I know.

(END VIDEO CLIP)

COSTELLO: Back home in Alabama, Natalee Holloway's aunt is launching a letter writing campaign. Marsha Twitty is asking supporters to send letters and e-mails to the Dutch ambassador in Washington asking for government assistance.

In other "Stories Across America" this Thursday, a lightning -- lightning sparked wildfires in central Arizona. Those wildfires have now grown to nearly 173,000 acres. At least three communities are threatened by the blaze. Across the Western United States, there are 22 active large fires that have burned some 900,000 acres.

In Florida, one child was killed and two others were seriously injured when a church day care van crashed. Police say the van overturned on a rural road, and, of course, they are investigating.

The Windy City is sure getting pricey. The sales tax in Chicago is rising to 9 percent for most goods. That makes it the highest rate among major U.S. cities.

Still to come this hour on DAYBREAK, if you're looking to move, we'll tell you where everybody else is going.

At 15 minutes past, the fastest growing cities in the nation.

And at 24 past the hour, if you're not careful, it may cost you more to get there. We'll tell you about some new fines you could face at the airport.

And if your travel plans include this coming holiday weekend, we'll tell you where you'll get stuck in traffic. The worst bottlenecks at 35 minutes past.

But first, here's a look at what else is making news this Thursday.

(COMMERCIAL BREAK)

COSTELLO: Here's a follow-up on a story we told you about a while back.

It looks like Amtrak will get the money it needs to take you where you want to go. The House approved more than $1 billion for the train company. Lawmakers defied the Bush administration by releasing that money. Amtrak had threatened a shutdown of the national rail system.

Your news, money, weather and sports.

It is 6:14 Eastern.

Here's what's all new this morning. More than an hour ago, the Israeli Army declared the entire Gaza Strip a military zone, effectively closing it off. That's to prevent more hard-liners from joining the settlers opposed to being removed.

In money news, DaimlerChrysler may try to copy a successful General Motors marketing ploy. The "Detroit News" reports that Chrysler is considering offering its own employee discount pricing plan. G.M.'s deal expires next week.

In culture, from the silver screen to Broadway, Phil Collins is working on the new Disney musical "Tarzan." Collins has already penned several songs for the stage version, which is scheduled to open next spring.

In sports, Texas Rangers pitcher Kenny Rogers faces certain suspension after he physically attacked a local news photographer in Dallas. The cameraman was taken to the hospital after complaining of arm and leg pain. Police are now investigating. Ooh, here it comes -- Chad.

MYERS: And he did it with the camera rolling. I mean...

COSTELLO: Not smart.

MYERS: No, he really -- it's hard to go to the court and say I didn't do it.

Good morning, everybody.

(WEATHER REPORT)

COSTELLO: That's a look at the latest headlines for you this morning.

It seems like more and more people are moving to the burbs. At least that's what the latest Census numbers show. Gilbert, Arizona tops the list of fastest growing communities. Gilbert is a suburb of Phoenix. Suburbs around Fort Lauderdale, Florida and Las Vegas also top the list.

As for those big cities, Detroit has lost the most people. And Detroit is followed by Cincinnati and New Orleans. Interesting.

Still to come on DAYBREAK, trains, planes and automobiles -- everybody has got someplace to go this summer. Carrie Lee tells us how to get there without going broke.

And wait until you hear how the TSA reportedly spent millions of dollars after 9/11.

But first, we want to say good morning to Philadelphia, where it doesn't look like it's a great day. But hopefully things will improve.

We'll be right back.

(COMMERCIAL BREAK)

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE (voice-over): The top business stories of CNN's first 25 years.

We asked the editors at "Money" magazine to come up with a list.

At number 10, the rise of the 401K. Companies shifting the burden of retirement to workers.

Number nine, it changed the way we work, play and live -- the personal computer.

A dark day for the world is at number eight -- September 11, 2001.

ELLEN MCGIRT, SENIOR WRITER, "MONEY" MAGAZINE: I think it would be impossible to overstate the impact that September 11 had on the attitudes and psyches and actions of Americans; really, people around the world.

UNIDENTIFIED MALE: Number seven, the rise of the individual investor. Wall Street meets Main Street. Stock trading becomes America's new craze.

And number six, U.S. home prices have boomed recently. But is a bust on the horizon?

Stay tuned as we count down to number one.

(END VIDEO TAPE)

COSTELLO: Time now for a very patriotic "Business Buzz."

"Star Wars" "Episode Three: Revenge of the Sith" continues breaking box office records around the world. For U.S. patrons, from July 1 to the 4th, when you buy three tickets to see "Episode Three," you'll get a fourth ticket for free, but only at participating theaters.

And Bruegger's Bakeries marks the 4th of July by honoring our troops. Bruegger's will donate a portion of red, white and blue bagel sales to Operation Home Front. That's a non-profit organization created to provide support to families of troops deployed overseas.

If you're hitting the road this holiday weekend, you are certainly -- well, you'll certainly not be alone. You'd better bring along your wallet, though.

Carrie Lee tells us prices for everything are up.

CARRIE LEE, CNN CORRESPONDENT: That's right. We're going up and that is the way it's been, because demand has been so strong. An estimated 40.3 million Americans are expected to travel over 50 miles from home this holiday weekend, according to AAA. And that would make it the busiest holiday weekend ever, passing even Thanksgiving, which usually tops that list.

43.9 million Americans will travel by car despite gas prices just a few cents below the all time high and up 16 percent over last year. 4.6 million people will fly on a plane. Air fares are also on the rise. In some cases, airlines have raised prices by as much as $50 a ticket to battle higher oil costs, all while cutting services like meals and even pillows on some flights.

And when you get to your destination, things won't be any cheaper. Hotel prices up between 1 and 5 percent compared to last year. And that's on top of the normal increases hotels charge above their regular rates for holiday weekends.

And, if you're renting a car when you reach your destination, AAA says car rental rates are up 13 percent since last year. Budget says its rates have increased by $100 a day over last year for SUVs. Almost hard to believe.

So why are all these prices going up?

Well, because we're willing to pay more. As I said, demand is up. I think everyone was so pent up after 9/11, not traveling, that everyone's trying to make up, maybe, for lost time.

COSTELLO: I would think more people would stay home because of gas prices.

LEE: Well, I guess it's a matter of priorities. You know, people just want to get out and do things. So they're putting this into their budget, making travel a priority in this country.

COSTELLO: They certainly are.

LEE: A patriotic weekend so you make it a major priority.

COSTELLO: It certainly is.

A quick look at the futures?

LEE: Yes, we're not seeing too much early action this morning. Pretty much everyone on Wall Street is on Fed watch today. We're wrapping up the two day Federal Reserve meeting. Wall Street pretty much unanimously expecting another 1/4 point hike. We will get the decision at 2:15 Eastern. I'll be back in about 20 minutes.

COSTELLO: And you're going to have more for us on travel.

LEE: That's right. Some crazy things, some quirky things companies are doing to entice you to travel and come to their hotel and other spots.

COSTELLO: Can't wait.

LEE: OK.

COSTELLO: Thank you, Carrie. Still on the travel theme, if you forget you have that Swiss Army knife on your keychain and you try to get it through airport security, you could face a hefty fine, maybe. For example, 700 fines were handed out in Manchester, New Hampshire while there were only 35 in Seattle. The numbers are surprising when you consider that Seattle handled 12 million more passengers. And here in New York, there was also a wide disparity. It's part of the continuing confusion over airport rules and fines.

"USA Today" travel reporter and our contributor, Ben Mutzabaugh, here to try to sort it all out for us. BEN MUTZABAUGH, "USA TODAY" TRAVEL WRITER: Good morning, Carol.

COSTELLO: Good morning, Ben.

Let's start with what's been confiscated from passengers across the country.

MUTZABAUGH: Sure. Well, first of all, Carol, you know, this is -- the TSA says that these rules are being enforced uniformly across the country. Can't you tell by those numbers?

COSTELLO: Yes. Well, let's put up the graphic, because we do have numbers for you. Seven million items seized -- 81,600 guns, explosives, knives and box -- actually, that amazes me. 81,000 guns, explosives, knives box cutters have been confiscated?

MUTZABAUGH: Well, it makes you wonder, in this day of post-9/11 airport security and all the news around that, who is bringing these things to the airport?

COSTELLO: I don't know. That's crazy. But this is the thing, fewer than 14,000 fines were levied.

MUTZABAUGH: Right. And, you know, it's really -- they can range anywhere from $250 to $10,000 depending on how egregious your violation is, whether it's an accidental incident or whether you're trying to -- a Pennsylvania Supreme Court justice actually tried to go through security two or three times with a pocket knife and he, of course, got a fine just because of his persistence at trying to sneak through security.

But the airport screeners really have a lot of leeway in deciding whether they're going to give you a fine or not. And a lot of what goes into that is how contrite you are about bringing something in. Most times, unless you bring a loaded gun or something that's just really unforgivable to an airport security, they're going to let you off with a slap on the wrist if you say oh my gosh, I'm really sorry, I forgot I had this in here, what can I do to make this better?

COSTELLO: That's interesting. Well, you know what? I don't think most people know you can be fined for taking prohibited items through security. So let's run down the fines just so people know.

MUTZABAUGH: Yes, there are all kinds of reasons that you could be fined. It's anything from interfering with a security agent. If you try to hinder the process they can -- the minimum fine is $250, but even from that, they often will reduce that. But, you know, it's physical contact with an agent is $1,500 to $5,000. Anything that's non-physical, you're just trying to intimidate them, it's $500 to $1,500. If you make false threats, or like maybe, say, there's a bomb so that you can create chaos and get through, that could get you up to a $2,000 fine. And you don't want to sneak around security. That can bring you up to a $3,000 fine. Or don't tamper with the machines or the security belts. They can fine you up to $6,000 for that. And you'll probably get a criminal record.

COSTELLO: Yes. And for prohibited items, if you -- let's say if you try to bring a firearm, a loaded firearm, through, $3,000 to $7,500 fine plus you could face criminal charges.

MUTZABAUGH: Right.

COSTELLO: Disabling chemicals, $250 to $1,500 fine.

The thing is is that some airports levy the fines, others do not.

Why can't it be consistent across the country?

MUTZABAUGH: Well, and that's where the critics are really coming out. I think everyone is going to say well, if it's the same way at LaGuardia as it is at Seattle as it is in Manchester, New Hampshire, that's fine. We all have a standard set of rules that we can live with. But clearly from what you can see by the numbers, that's not what's happening. And so in the "Wall Street Journal" article, it was interesting, they talked to a couple of different spokespeople for the Transportation Security Administration. One person actually said the excuse was well, you know, there are certain areas of the country where we have more outdoorsman and outdoorswomen and they're bringing fishing rods or guns. So there are more incidents because of that.

That seems a little suspect to me. I can see maybe a little blip here or there. But I think the more realistic answer may be, another spokesperson told the "Wall Street Journal," that spokeswoman said well, we have 160 airport directors across the country. They all have varying degrees of what they're willing to enforce and what they think is a big deal. And so you don't necessarily get the same enforcement effort from the West Coast to the East, or the North to the South.

COSTELLO: I understand.

Ben Mutzabaugh, thanks for joining us this morning.

MUTZABAUGH: Good to be here.

COSTELLO: There is much more travel news coming up here on DAYBREAK. We'll look at the problems you may face due to the overcrowding on the 4th of July and tell you how to avoid pre-holiday fireworks.

Also ahead, we'll examine what some former U.S. hostages have to say about Iran's newest president-elect.

More on that when DAYBREAK continues.

(COMMERCIAL BREAK)

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