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CNN LIVE SATURDAY

Sole Survivor of West Virginia Mine Disaster Returning to Home State; Tom DeLay Relinquishes Post as House Majority Leader; Virginia Governor May Authorize DNA Testing for Executed Man;

Aired January 7, 2006 - 18:00   ET

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

(BEGIN VIDEO TAPE)
RICHARD SHANNON, M.D., ALLEGHENY GENERAL HOSPITAL: which was very severe is resolving, and continues to resolve. It is not normal, but it is clearly getting better and has gotten consistently better over the course of the three days here at Allegheny general.

Mr. McCloy's liver function has also consistently gotten better over the last three days. His liver functions are not normal, but they are clearly better and every indication is that they will continue on the way to recover. Mr. McCloy's heart function has continued to get better.

His heart ejection fraction by echo is 35 percent, which is not normal but better than the 20 percent ejection fraction that had three days ago and his cardiac output and blood pressure and heart rate have been absolutely normal.

So from a cardiac point of view, we believe that he is better and stable, but not normal. The bleeding problem that we had temporarily has resolved entirely and has not recurred.

So I think that problem is behind us. We've talked a lot about the issues with respect to his lung and in particular the inflammation that involved his left lung.

That inflammation appears to be resolving, as evidenced by the significant reduction in the oxygen requirements over the course of the last day. We think the combination of hemodialysis and perhaps the steroids may have helped reduce some of that inflammation and resulted in an improvement in his pulmonary function, but Mr. McCloy remains on a ventilator.

He continues to require significant support from that ventilator, and so it's important to recognize that while he is improving, he has a long way to go with respect to the issues surrounding his lung.

As a result of the muscle injury, Mr. McCloy suffered kidney injury, and that kidney injury is requiring intermittent dialysis, every one to two maybe as infrequent as every three days.

The injury called rabdomyalasis (ph) is known to cause renal failure. Oftentimes that can be reversed as the muscle injury abates. But it is too early at this point to know whether his kidney function will reverse and at the present time he will remain on dialysis as needed for the unforeseeable future,

And finally, his neurological status, as we reported to you, the day after Mr. McCloy arrived, there was evidence of white matter injury with small hemorrhage and some edema in the white matter. The hemorrhages persist but have not gotten worse, they're stable.

And the edema, the swelling, appears to be better, likely as a result of the steroids. Now, the clinical neurological exam as we've discussed extensively is confounded by the use of heavy doses of sedation, which are essential to continuing to manage his circumstance.

So while we have made progress, there are still many issues in his medical condition that will have to be addressed. Most of his organ systems are recovering, but they are not yet normal, but I would anticipate that things like the muscle injury and his liver will continue to recover.

His heart has shown significant improvement. His lungs significant improvement, but not yet out of the woods. Now, three days ago at the request of our colleagues at West Virginia University, we were asked to perform a specialized function here, hyperbaric oxygen treatments in an attempt to afford this extraordinary young man every possible opportunity at neurological recovery.

We are happy to say we've been complete three treatments. We believe that probably constitutes the best effort with respect to the adjuvant treatment and feel at this point that the ongoing treatments do not necessarily convince us there would be any additional benefit.

So with that, and, really, at the request of the critical care team in West Virginia, we will prepare to transfer Mr. McCloy back to Ruby Memorial Hospital, West Virginia University, this evening. And I really appreciate your careful attention to all the details while we've been here, and I guess, Tom, if you want, I can answer just a few questions, but there are probably some other issues that you folks want to be about.

QUESTION: Do you personally support transporting Mr. McCloy tonight in a helicopter in low cloud cover under his current state of affairs?

SHANNON: You know, Chris, you've learned I'm not a music buff and I'm not a helicopter pilot. We've been told by our colleagues at West Virginia University that their transportation folks feel confident in doing this tonight.

UNIDENTIFIED MALE: I would like to reinforce our light flight team believes the weather are conducive to flying as well.

UNIDENTIFIED MALE: I'm not asking about flying conditions. I'm asking also about the need to move him at this point. I understand the families wishes and the wishes in West Virginia, but it seems like a rush.

SHANNON: Sure. I do feel comfortable with his clinical condition tonight so that he can move. I think, again, my colleagues in West Virginia feel that they are standing at the ready to pick up the care of Mr. McCloy.

I think there's a lot of personal interest in Mr. McCloy getting back to West Virginia, and please rest assured, if I did not believe that he was clinically stable, I know my colleagues in West Virginia would honor my opinion. So we've reached this agreement, we've had the discussion -- should we do it tonight, so we do it tomorrow? They believe that they are ready and on the standby to do this tonight, and we will think that he is clinically stable to go.

UNIDENTIFIED FEMALE: Is he out of the woods completely?

SHANNON: No, he not out of the woods. Let me emphasize this. You know, this has been a long three days, and we were very happy this morning and I continue to be very satisfied and happy that he has made improvements, but there are still issues.

This is going to be a long recovery. Now, many organ systems have been involved here. Some of them have shown dramatic improvement and are nearly normal. Others are continuing to recover, but are not yet so.

I just mentioned he will still need dialysis for the foreseeable future, he will still require the ventilator for the foreseeable future and his neurological status, as we've discussed for three days remains uncertain.

But I think that with respect to some of the other organ systems, he has clearly shown improvement and I think that is a good sign. Those all are things that will help in his recovery.

UNIDENTIFIED FEMALE: But is his life still threatened by any of (ph).

SHANNON: Sure. Anyone on a ventilator requiring dialysis with a neurological injury is a critically ill patient. Mr. McCloy is clearly that. But is he better? Yes.

But we started with a lot of things gone wrong. Some of them are better. Others are continuing to get better. Others are them continue to be a problem, and it's going to require ongoing care. Our colleagues at West Virginia University are highly competent critical care physicians.

They saved this man's life. I want to remind you of that, when he was pulled from this mine, both in the initial triage and then in the transfer to Ruby Memorial Hospital, initiated dialysis that night in the face of life threatening hyperkalemia clearly allowed us an opportunity to try a specialized therapy to see if we could play some role in healing him.

I think it's now at their request, time to return him to West Virginia and we do so recognizing that we are willing to participate in whatever way necessary as are so many other health care providers across this country in helping this guy recover.

UNIDENTIFED MALE: But he's still categorized as is in critical condition, but stable.

SHANNON: He is still in critical condition, but stable.

UNIDENTIFIED MALE: I think that's -- when on that note we can start working about these logistics, because I do want to start (ph) -- thank you.

FREDRICKA, ANCHOR, CNN: You've been listening to Dr. Richard Shannon at the Allegheny General Hospital in Pittsburgh talking about the sole survivor, Randy McCloy, the sole survivor of the Sago mine disaster.

The headline here saying that McCloy is stable but critical, but certainly not normal, according to the doctor. They will, however, still move Mr. McCloy tonight to be closer to home to go back to the Ruby Memorial Hospital in West Virginia, and the doctor says they wouldn't do so if he didn't believe that his medical condition would be able to be addressed at that hospital, but the doctor says lots of, quote, "lots of personal interest" is involved as to why Mr. McCloy is being moved back to West Virginia.

WHITFIELD: Meantime, we want to keep a close watch on the grass fires that continue to pop up in Oklahoma, Texas and now New Mexico. You're looking as live pictures out of Edmund, Oklahoma, where unseasonably high temperatures and high winds are being blamed to further fan the flames.

Meantime, the governor of Oklahoma, Brad Henry is urging Oklahomans to observe a statewide day of prayer tomorrow, the governor underscoring the fact that the grass fires have been devastating to property but at the same time have also been deadly. Two people have been killed, and the fires have burned more than 363,000 acres and destroyed more than 220 homes and businesses since the beginning of November.

WHITFIELD: On to politics now. Texas republican Congressman Tom Delay had abandoned efforts to regain his post as house majority leader. For years Delay has been one of the most powerful men in Congress but he left his leadership post last fall after he was indicted on campaign finance violations and recent events in Washington have complicated his plan for a comeback. CNN's Elaine Quijano has been following the story of Delay's downfall. She joins me now from the White House. We talked, Elaine, about some of the most recent on goings in Washington. Talking about the lobbyist, Abramoff who has recently offered a plea deal.

ELAINE QUIJANO, CORRESPONDENT, WHITE HOUSE: Exactly. Factoring in to all of this, President Bush in the past has called Congressman Tom DeLay, an effective leader for his ability to push through the president's agenda items. Well now, as you mentioned, Tom DeLay, the former house majority leader has announced he will not seek to resume his position.

Wounded by two political scandals, Congressman Tom DeLay decided the time had come for him to step aside for good as house majority leader.

(BEGIN VIDEOTAPE)

REPRESENTATIVE TOM DELAY, (R), TEXAS: It has been a really great honor these last three years, but the job of majority leader is too important to be hamstrung by personal distractions.

QUIJANO: It was last fall when Congressman DeLay first stepped down from his post as majority leader in what he thought would be a temporary move after being indicted on charges in Texas relating to a campaign finance case. As late as Friday night, DeLay, through his spokesman, insisted he would return to his position.

But the political evironment changed dramatically this week after the once powerful lobbyist, Jack Abramoff pled guilty to three charges including conspiracy to bribe public officials. Republicans in general and DeLay in particular were rocked by the news as well as Abramoff's agreement to testify against lawmakers and staffers.

NORMAN ORNSTEIN, AMERICAN ENTERPRISE INSTITUTE: The way the Congress has operated in the last several years has left them prone to a kind of institutional corruption that's starting to emerge now. It's not all one party, but when one party's in charge, they'll bear the brunt of it.

QUIJANO: House Democratic leader Nancy Pelosi said DeLay stepping down is not enough to clean up a, quote, "culture of corruption." Still on the Texas charges DeLay has steadfastly maintained his innocence.

DELAY: In the 21 years I have been in Congress, I have always acted in an ethical manner, within the rules of the House and the laws of our land, and time, once again will bear out that truth.

(END VIDEOTAPE)

QUIJANO: As for the White House, today a spokeswoman said the administration respects Congressman DeLay's decision to, quote, "put the interests of the American people, the House of Representatives, and the Republican party first." Now, that's a shift from last month when President Bush said he believed Tom DeLay was innocent and also said he hoped DeLay would return at house majority leader.

Fredricka?

WHITFIELD: Elaine at the White House. Thank you so much.

Well, Tom DeLay's decision comes as public support for the Republican controlled Congress declines. A new poll finds that Americans by a 13-point margin would prefer the Democrats to take control of Congress and only about one third of those surveyed approved of the job Congress is doing overall.

WHITFIELD: More doubt cast on the Bush administration's reasons for spying on U.S. residents. Two congressional advisors issued a report saying it's impossible to fully investigate the legal grounds for the spying program because so much of it is classified. But secret or not, Americans feel strongly about domestic spying. A new poll asked if the government should have a warrant before monitoring the phone and Internet traffic of U.S. citizens. Just over 50 percent believe that a warrant is necessary.

Another new report is fueling the argument that U.S. troops in Iraq are not safely equipped. The "New York Times" published a secret Pentagon report that says at least 80 percent of U.S. Marine fatalities from upper body wounds in Iraq would not have happened if they had been wearing adequate body armor. It's reportedly the first study to tabulate lives lost due to vulnerable safety equipment.

Lawmakers from both parties have long urged the Pentagon to address allegations that deployed troops are not suitably armored. Indiana Democratic Senator Evan Bayh spoke to CNN's Betty Nguyen earlier and said the time for someone to be accountable is now.

(BEGIN VIDEO CLIP)

SENATOR EVAN BAYN, (D), INDIANA: We moral obligation to give our troops the equipment he need to fulfill their mission and to protect their live in doing so. And Betty, if that's not done, someone should be fired and shouldn't be a buck private. It should be somebody up the chain of brass than that.

(END VIDEO CLIP)

WHITFIELD: And we have a lot more ahead this hour. Katrina costs dozens of states want to know, where's the money? Some say FEMA is passing the buck on aid and you and I might be paying for it. CNN investigation straight ahead.

Plus, did Virginia execute an innocent man? You may find out the answer to that in just days and its impact could be historic. And a little later, tired of counting calories, counting those carbs? Well, the Sonoma diet could be your answer. You're watching CNN Live Saturday.

WHITFIELD: We turn now to the Middle East, and the condition of Israeli Prime Minister Ariel Sharon. Doctors say Mr. Sharon's status remains critical but there have been some signs of slight improvement. Let's get an update now from CNN's John Vause. He's standing by outside Hadassah Hospital in Jerusalem. John?

JOHN VAUSE, CORRESPONDENT, CNN: Fredricka, the last CT scan shows there had been that very slight improvement of pressure in the brain of Ariel Sharon. Doctors here also say that it appears the left side of the brain has not been damaged by that massive stroke, which Ariel Sharon suffered on Wednesday night.

That's important because the left side of the brain control functions like speech. Doctors here also say the prime minister's vital signs are stable. They've managed to drain most of the blood clots but he remains in a medically induced coma and he is still clinging to life.

(BEGIN VIDEO CLIP) TRANSLATOR: We as people, are optimists. But I cannot say that he's out of danger. I can say that his condition is still serious, because there are very slight signs of improvement. The situation is still difficult.

VAUSE: And among those close to the prime minister, the family and friends, the close associates maintaining a vigil here at Hadassah hospital, they've seen for the first time the mood of guarded optimism.

RA'ANAN GISSIN, SHARON ADVISOR: Every day is another battle. The man is fighting for his life, but that's not the first time he's been doing it. That's why I think most of the advisors, people who are close to him believe he is going to pull through.

(END VIDEO CLIP)

VAUSE: And there will be more in the coming hours when another CT scan is being performed and the results of that will be examined by the medical team, which is attending to Ariel Sharon.

Based on the results they may decide the time straight to revive the prime minister from the coma which he's been in for the last three days. If they take that course of action, it could take 48 hours to wean his body off the drugs which have kept him in a coma and then after that, as he slowly awakens, they'll monitors brain activity and that is when they say they should have a better idea of the full extent of the damage cause to his brain by that stroke. Fredricka?

WHITFIELD: All right. John Vause outside Hadassah Hospital in Jerusalem. Thank you so much.

Now, in this country, we're keeping it close on the grassfires that keep popping up in Oklahoma. You're looking at fires right now in North Edmund, Oklahoma, and with the division of forestry Bill Beebe is on the line with us. Bill, how serious is this fire?

BILL BEEBE, OKLHOMA DIVISION OF FORESTRY: Today, Fredricka, the fires are pretty serious. We've had extremely dry weather for the several weeks. Today was dry, windy and warm. So, things are pretty serious here in Oklahoma.

WHITFIELD: What's the proximity of this fire to any properties

BEEBE: That fire, I think, is north of Oklahoma City -- this office is not working on that particular fire that's being dealt with by the local fire department.

WHITFIELD: While we know that since November 1st, something like 220 homes and businesses had been burned by these various fires. Are you looking at any fires today that are encroaching upon any businesses or homes?

BEEBE: We've had 20 fires today, Fredricka.

WHITFIELD: Twenty-five structures that have been threatened or 25 fires?

BEEBE: Twenty two new fires today.

WHITFIELD: Wow.

BEEBE: And some are them were inside pretty close to city limits one of them was right outside Shawnee, where our instant command post is at. Others were near Stillwater. Some of them are as big as 1,000 acres right now. So things are pretty serious in Oklahoma. There are rural communities and rural houses spread out. So all these fires have the potential to threaten structures, but we haven't heard of anything yet.

WHITFIELD: Well, very serious indeed and further complicating matters for all you to try to fight some of these fires is the kinds of wind that we are seeing.

We are seeing these plumes of smoke being pushed aside which I imagine makes it a little difficult for any of your aerial apparatus to do any kind of water drops, does it?

BEEBE: Yes, it does. When the wind speed gets up to 30-35 miles an hour we have to watch our aerial operations fairly closely. So far we haven't had to ground anything today that I'm aware of because of that, but that is an issue we've had to pay close attention to.

WHITFIELD: All right. Public information officer Bill Beebe of the Oklahoma division of forestry. Thanks so much. And continue to luck and best wishes to you all in fighting these now more 20 blazes just today alone in Oklahoma.

Straight ahead, thousands of Katrina victims are still living out of state, but who is paying the tab. A new controversy in the aftermath, next.

WHITFIELD: Carnival, the season leading up to Mardi Gras is under way. They're celebrating in New Orleans, even though things are different -- quite different because of Hurricane Katrina. Still no electricity any some parts of the town which is forcing partiers to shift their celebrations in some cases and fewer parades are scheduled for this year.

Another sign of the new normal in New Orleans -- re-enacters returned to the Chalmette battlefield today. It's the 191st anniversary of Andrew Jackson's victory in the battle of New Orleans. It's the first time the battlefield has been open since it was flooded by Katrina.

And more than 46,000 New Orleans families may finally get housing help from FEMA. The agency supplied thousands of trailer for families left homeless by Katrina, but Mayor Ray Nagin and members of city council couldn't agree on where to put them. Louisiana's governor brought in a mediator to work things out.

(BEGIN VIDEO CLIP) GOVERNOR KATHLEEN BLANCO, (D), LOUISANA: We're bringing all the groups together, and now we know what our missions, we're to attack the problems.

(BEGIN VIDEO CLIP)

RAY NAGIN, MAYOR, (D), NEW ORLEANS: We're all working as hard as we can to bring people back.

You know, the governor got us focused on this issue.

CYNTHIA WILLARD-LEWIS, NEW ORLEANS CITY COUNCIL: We've done the math, set some manageable goals with an executable time line and we're going to be monitoring it and holding folks accountable.

(END VIDEO CLIP)

WHITFIELD: Could you soon be footing the bill for many of Katrina's survivors? At some point Washington will be likely pulling the plug on certain benefits that helped Katrina evacuees survive victims in 44 states. CNN's Rich Sanchez investigated for "Anderson Cooper 360"

(BEGIN VIDEOTAPE)

RICH SANCHEZ, CORRESPONDENT, CNN: Call it a population shift. Call it a wave. But don't call it cheap. Because for the states taking in those pushed out by Katrina, it's anything but cheap.

SHIRLEY FRANKLIN, MAYOR, ATLANTA: We need six, seven, eight more months of funding at some level from the federal government. For housing. For job training. For resettlement.

SANCHEZ: That's just in Atlanta. The number displaced by Katrina is still having an impact on an unprecedented 44 states. 400,000 in the state of Texas. Fifty five thousand new residents in Arkansas. And in state of Georgia, 44,000 new residents as well.

DUBOSE PORTER, GEORGIA STATE HOUSE: We're going to take care of the people because it's the humanitarian right thing to do and Georgia has the right and heart to the do that.

SANCHEZ: How big does Georgia's heart have to be? Porter says big enough to come up with $100 million for the schooling and medical needs of its newest residents. At the state legislature, some lawmakers say Georgians should not be fooled into thinking the federal government will pick up the entire tab.

PORTER: What is wrong is for them to falsely tell the people that this is going to be paid for by someone else. There is simply not enough money to do that

SANCHEZ: In Texas the cost of housing, schooling and treating its newest residents is estimated at a whopping $550 million, says Matt Fellowes with the Brookings Institute.

MATT FELLOWES, BROOKINGS INSTITUTION RESEARCH: There is no question that the burden placed on Texas financially is unprecedented.

SANCHEZ: So what is FEMA's end of the bargain? FEMA says it's this -- to reimburse the states with up to five months of medical insurance per resident, and according to the department of education, up to a year in education costs per student. After that, the states are on their own. Which should be fine, if all new residents find jobs, get absorbed into the communities and pay their share of taxes. But some experts say that's unlikely because many of those displaced have long-term needs, such as those with disabilities and the elderly.

FELLOWES: There's no doubt, though, that the needs created by Katrina are severe and that going forward that's going that there will need to be sizable federal investments for some years to come.

SANCHEZ: But the federal government reports its already spent $40 billion on Katrina and it's appropriated another $60 billion beyond that on everything, including levee repairs. That may sound like a lot of money, but experts say it's nothing more than a down payment, and if the federal government doesn't ante up, the states eventually will. That means in years to come, none of us will get by on the cheap when it comes to taking care of those affected by Katrina. Rick Sanchez, CNN, Atlanta.

(END VIDEOTAPE)

WHITFIELD: Much more ahead on CNN Live Saturday. Up next, crime and punishment. Did Virginia execute an innocent man? New tests are underway now and it could change the course of history.

Plus, new year's resolutions. Most of them, for most of us, seem to be about health. We'll show you how other people.

(COMMERCIAL BREAK)

WHITFIELD: Our top stories, Republican Congressman Tom DeLay has announced he is permanently giving up his post as House majority leader. DeLay temporarily stepped down in September after he was indicted on campaign finance charges in his home state of Texas. He says he's done nothing wrong.

Doctor in Jerusalem say the swelling in Prime Minister Ariel Sharon's brain has decreased but he's still in critical condition. Sharon has undergone three rounds of brain surgery after suffering a major stroke Wednesday night.

The World Health Organization now says three people who died of bird flu in Turkey were infected with the h5n1 strain of the virus. Officials say the deaths this week marked the first time that particular bird flu strain killed humans outside China and Southeast Asia.

The latest gadgets and gizmos are on display at the consumer electronics show in Las Vegas. Many, many factories unveiled digital music players in hopes of ending the dominance of Apple computer's iPods. Welcome back. While the tragedy at the Sago mine reverberated across the United States, nowhere was it more deeply felt than in the heart of coal country. CNN's Gary Nuremberg is in West Virginia where they are expecting the sole survivor of the mine accident to arrive this evening. Gary?

GARY NUREMBERG, CNN CORRESPONDENT: Fredricka, there is some excitement among the friends and family of Randy McCloy. Now being told that the helicopter has arrived in Pittsburgh in the last few minutes to pick him up and bring him back home, what could be about a 30 minute flight, sometime after 8:00 tonight so he can recuperate here at a local hospital.

Federal officials told CNN the venting process continues, but think it may be several days before enough gas is out of the mine in order for inspectors to safely go inside. As residents here await answers to a seemingly endless list of questions about how this could happen, also this weekend, they're honoring those who died.

(BEGIN VIDEOTAPE)

MAYOR DORIS MUNDI, PHILIPPI, WEST VIRGINIA: Pretty hard. It could be my son. Could be both of them there. I just want to pray for the families to get over this grief.

NUREMBERG (voice over): She is the mayor of Philippi, West Virginia, where an impromptu memorial to the four men from her county who died in the mine now sits on the courthouse lawn.

MUNDI: I was proud of the county for putting it up. Because it expresses the feelings of all of us.

NUREMBERG: It's a close-knit community where ties are strong. High School teacher Tammy Martin remembers one of her students, David Lewis.

TAMMY MARTIN, HIGH SCHOOL TEACHER: He was a very good student. Quiet, and I think he was the kind of guy that would do anything for anybody, and it just touched our hearts here in Barbour County because here he gave his life for his family. You know, he did this so his family could be well supported, and he was a good father.

The picture there that's on the cross there, it just tells it all. It show he was a good father. His little girl right beside him.

NUREMBERG: The mayor comes from a mining family. Her grandfather, her uncles, all in the mines.

MUNDI: This is my father. He worked in the mines and had a fall and broke his back.

NUREMBERG: And her children.

MUNDI: My oldest one is in the mines. My youngest son has worked in the mines from Kentucky to Northern Panhandle, West Virginia. And he's a state mine inspector now. He's been on the job for over a year.

NUMERBERG: A close call for her son last year.

MUNDI: The roof fell and came in and hit him on the side.

NUMERBERG (on camera): End up in the hospital?

MUNDI: Yes, about three days.

NUERMBERG (voice over): Now a new generation.

MUNDI: I've got nine grandchildren.

NUREMBERG (on camera): And how many of them do you think will end up in the mining business?

MUNDI: I hope none of them.

(END VIDEOTAPE)

NUREMBERG: The mayor said she worries about her 48-year-old son who mines low coal. That means he is bent over double for hours at a time. Sometimes in spaces that are more than four feet high and she doesn't know how he does it. The she added something that caught some of our crew by surprise, echoing has generations have heard for years. The mine business she said, Fredricka, is a good business.

WHITFIELD: And in some cases it's really the only business, the most lucrative one in some of those communities, which is why so many resort to it.

NUREMBERG: Certainly true.

Based on what we've been told, here's what likely happened early Monday morning. Twelve minors traveled the two miles deep in to the Sago mine. An explosion behind them killed a man working nearby. The 12 made their way to the deepest part of the mine, put up a protective curtain, as they're trained to do, and waited.

It would be some 40 hours later before they were found. "CNN PRESENTS" a special program on the horrible events that unfolded below ground last Monday. At 8:00 eastern, tune in for "Hope and Heartbreak: Inside the Sago Mine Tragedy." You'll hear from the families of those killed and those who will go back to work inside that mine again.

Mahalia Jackson sang there, so did James Cleland, now Chicago's historic Pilgrim Baptist Church lies in ruins gutted by fire. Friday, fire swept through the 115-year-old church that played a major role in the development of gospel music.

Investigators in Texas are trying to find out whether arson is to blame for fires that burned 250,000 acres since the day after Christmas. Governor Rick Perry ordered the probe after the state's forest service estimated 70 fires were arson. At least three people were killed by the blazes. In New Jersey, hundreds paid tribute to a police officer killed on Christmas night when his vehicle fell from an open drawbridge. The Buddhist ceremony for Robert Ngyuen was held a block from where he attended High School.

CNN has learned Virginia's governor is preparing to order new DNA tests to see if the state executed an innocent man. Roger Coleman was put to death in 1992 for crimes he said he didn't commit. CNN's Brian Todd has that story.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice over): An official in Virginia Governor Mark Warner's office confirms to CNN the governor is preparing to sign an order for new DNA tests that could exonerate a man executed in 1992. If these tests are done and do exonerate Roger Coleman, death penalty opponents say it would be the first time an executed convict is scientifically proven innocent since the death penalty was reinstated in the U.S. in 1976.

But officials in the governor's office stress the evidence could also further implicate Coleman in the crime. Coleman was convicted of the 1981 rape and murder of his sister-in-law, Wanda McCloy. He maintained his innocence until the very end, claiming he was elsewhere when the crime occurred.

ROGER COLEMAN, EXECUTED IN 1992: I'm innocent. I did not kill Wanda McCoy and I did not rape Wanda McCoy. I will try to prove me innocent until I am either free or dead.

TODD: Officials in the governor's office say the evidence that would be tested is now in the hands of a California doctor who was hired by the defendant, and they are working out final details where a third more objective party, a forensics lab, would do the testing. Governor Warner's aides say he hopes to sign the order for the DNA testing before he leaves office on January 14th.

Brian Todd, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: Ahead on CNN LIVE SATURDAY, rain, fire, floods and more. Why are we getting all of this at once across the country? One single thing is to blame.

Plus, it's the diet in demand and it's sweeping the country. The Sonoma Diet. Stay with us.

(COMMERCIAL BREAK)

WHITFIELD: A somber memorial today in La Conchita, California. People gathered to remember the ten residents of the seaside town who died in last year's devastating mudslides. One year ago Monday, several blocks of this small town north of Los Angeles were engulfed by tons of rocks and mud.

Residents are still battling state officials over what safety measures should be put into place to prevent future disasters.

(WEATHER REPORT)

Well you probably heard that the Mediterranean diet is healthful, and you may also know that folks in Northern California are known for their love of good food. Now, there's a diet that combines the best of both of those places.

Connie Gutterson is author of "The Sonoma Diet" which is designed to allow you to enjoy food that's good and good for you as well. Connie, good to see you. Happy new year.

CONNIE GUTTERSON, AUTHOR, "THE SONOMA DIET": Happy new year. It's great to be here.

WHITFIELD: A lot of times when people pick their diets, not only do they want to enjoy good food, but they want the results to be that they feel good and they look good. So what is it about those folks in the Mediterranean and Sonoma that comprise all of those things?

GUTTERSON: The Sonoma diet and the Mediterranean is a fabulous lifestyle. It's a way of eating where meals are enjoyed, often with a glass of wine. The Sonoma diet shares this reflection but it also adds a weight-loss component so that it keeps in mind flavor is part of health and certainly part of losing weight.

WHITFIELD: So certainly when you hear the title, "Sonoma Diet," it conjures up images of drinking wine all the time. Tell me why that's not exactly the case?

GUTTERSON: It's not the case. What's really important here is, a glass of wine, we know from the scientific literature, is going to help you live longer, protect your heart, prevent diabetes, maybe even alzheimer's. But having a glass of wine while you enjoy your meal is also important. You're going eat slower, savor your food. It compliments the flavors. Don't be surprised if you're eating less and a lot more relaxed when you leave the table.

WHITFIELD:: Let's talk about the fundamental of your diet means really easing in to it. You have it broken down into waves.

What do you mean?

GUTTERSON: There are three waves to The Sonoma Diet. It's a celebration of food, and this is part of weight-loss. Wave one is ten days. During these ten days, the target is to lose those extra pounds that are around your waist. You know, those are the ones that are related to heart disease, diabetes, even alzheimer's.

What happens in wave one also is you're going to target that vicious cycle of craving sugary foods, hunger. When you're losing weight and satisfied with delicious foods, it's easy to stay motivated and continue on.

WHITFIELD: Sounds like -- sorry. Sounds like you're also talking about diet that, once you've gotten off the program, you will be able to maintain this kind of lifestyle. That's what happens a lot of times with these fad diets. You want to go back to eating what you used to eat.

GUTTERSON: Sure. You're counting the days on the diet until it's over so you can do that. With The Sonoma Diet, it's a lifestyle, it's a way of eating that you don't want to go back to what were you doing before, that's what happens in Wave two.

You stay on this until you reach your target weight and you'll find you're eating a wide variety of foods, you're being more aware of what's on your plate, because that's the whole fundamental purpose of The Sonoma Diet is to get you to be aware and follow that easy plate and bowl concept.

By the time you get to Wave three, you're living The Sonoma Diet lifestyle. Your choices, the amounts of foods, it becomes natural. It's already established and you'll find you also lose the cravings for the foods you thought you couldn't live without, like the greasy nachos, they just don't taste the same. It really, truly is a way of eating that become as lifestyle.

WHITFIELD: And you say there is some power foods that people really will enjoy, and maybe these are the things you'll be craving once you've gone through this diet. Let's talk about what some of them are, beginning with almonds and ending with whole grains.

GUTTERSON: The power foods of The Sonoma Diet are a core of foods that you can always go back to. The more you eat the better. They range from olive oil, to almonds, these are your healthy fats, to blueberries and strawberries and grapes, to the flavorful vegetables: bell peppers, tomatoes, spinach, broccoli and, of course, whole grains.

These are flavorful foods packed with nutrients. The Sonoma Diet teaches you, from their many plans, how to incorporate these every day in easy, quick recipe, but, again that taste delicious.

WHITFIELD: Wow. They taste good and most are very mineral rich. Connie Gutterson of The Sonoma Diet, thanks so much.

GUTTERSON: Thanks.

WHITFIELD: And happy new year.

GUTTERSON: Happy new year to you.

WHITFIELD: Thanks a lot.

Dieting no doubt tops the list of many people's new year's resolutions. Does it yours? Up next, we're going to tell you how to keep those promises that you make to yourself. But first, here's a look at what's ahead at 7:00 eastern on CNN's "ON THE STORY."

ALI VELSHI, CNN ANCHOR: We are "ON THE STORY" at the George Washington University in the heart of the nation's capital. From Jerusalem to the coal fields of West Virginia, our correspondents have the inside word on what they're covering.

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WHITFIELD: There's something about the start of a new year that makes us assess our lives and try to make a few changes. The trouble is, many of us set ourselves up for failure by setting unrealistic goals.

Libby Gill is the author of "Traveling Hopefully: How to Lose Your Family Baggage and Jump-Start Your Life." CNN's Carol Lin recently talked with her about new year's resolutions.

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LIBBY GILL, AUTHOR, "TRAVELING HOPEFULLY": We thing New year's is a pretty arbitrary time to set resolutions. I much prefer they happen year-round. But in my work it's about helping people find that intersection between personal passions and professional ambitions, and it's really about setting measurable and specific goals, not just big, fuzzy new year's resolutions but goals you can measure. You know when you'll achieve them.

CAROL LIN, CNN ANCHOR: Let's say one of the big ones I hear a lot is, I'm going to lose weight this year. All right. I'm going to lose weight, and I'm going to find love in my life. I'm going to find a partner that's going to be a lasting relationship?

GILL: Those are exactly the two that I hear all the time. First of all when you set a new year's resolution, most frame it as a negative. It's about stopping something, quitting something, losing something. Which is such a not so subtle way of beating up on yourself, of finding fault, of looking and focusing on your shortcomings.

LIN: This is what I didn't do last year and what I have to change.

GILL: This is what I've been doing wrong all these years, now I've got to fix it and here's how. It's not setting you up for success, it's setting you up for failure and reminding you about how flawed you are as human being.

LIN: What do up do? Go ahead.

GILL: I pick a theme. I don't pick a resolution. I pick a theme instead. So my theme is, what I want to really address for the year in a much broader scope. My theme for the year is, I invite abundance.

That may seem like a no-brainer. Who does not want abundant health and wealth and all the good things in life, but for me, it's really a sense of -- it's a message to myself that I don't have to make everything happen. I don't have to push so hard. I can allow some things to flow. I can let things come to me.

LIN: If there are specifics goal, Libby, like losing weight, getting married, what do you tell those people?

GILL: If you're going to have your specific goals then ask yourself two questions. First question, are you passionate about that goal? Is it deeply meaningful? Does it really fit you? Do you care about it?

LIN: It's not a task. Not just a task or check list.

GILL: Right. And is it important? For years I thought, I'm going to run marathon. When I realized I couldn't run 26 blocks let alone 26 miles, I had no interest in that, I wasn't passionate. So I switched my fitness goals and found something that addressed that idea of fitness, but in a way that was meaningful to me. That's the first test.

The second goal-setting test is ask yourself, is it within my power to accomplish? Can I make this goal happen? So if you say, I want to win the Lottery. I want to marry a millionaire. Maybe that one is within your goal, but -- it has to be within your power. You have to be able to make it happen.

Go back to your fitness goal, when people say, I want to lose 20 pounds. Maybe you can make that happen. And maybe you can't, but if you reframe it as a specific and measurable step that's within your power, you can say, I'm going to exercise. I'm going to get on the treadmill for one hour three time as week. That is absolutely --

LIN: That's manageable. I get. Libby, Happy New Year. Thanks so much.

GILL: Thank you.

(END VIDEOTAPE)

WHITFIELD: Grounding your resolutions. Still lots more ahead on CNN tonight. Up next at 7:00 eastern, "ON THE STORY." At 8:00, CNN PRESENTS "Hope and Heartbreak: The Sago Mine Tragedy." And at 9:00 Larry King, Larry's guest tonight, psychics James Van Prau and Sylvia brown.

I'll be back at 10:00 Eastern tonight. The Oklahoma fire, the race to save their homes will be our focus. A check of the hour's headlines next, and then "ON THE STORY."

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