Return to Transcripts main page

CNN Live Today

Two Escaped Alabama Inmates Captured; Georgia Hostage Standoff Ends; Nagin Speaks Out Again; Investigation Into School Shooting; 2- year-old Faces Deportation; Golden Globe Award Winners

Aired January 17, 2006 - 10:00   ET

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

DARYN KAGAN, CNN ANCHOR: Good morning to you.
We actually have two developing stories here in the south involving law enforcement authorities that have been resolved. So this just in to CNN, as Miles was mentioning. On the left hand of your screen, from Statesboro, Georgia, the standoff where a man and a woman went into a public defender's office and held him hostage since yesterday. They have surrendered.

And you can see Rusty Dornin on the right side. There's been a search for two escaped inmates. And according to Rusty, they have found those two men. Let's go live right now the Rusty in Phenix City, Alabama -- Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Daryn, apparently about five minutes ago, law enforcement officials burst into a motel in Columbus, Georgia, and found the two suspects. The suspected murders that did escape on Saturday night. We're here with Sheriff Tommy Boswell who can tell us a little bit more.

How did this happen? How did you get this tip?

SHERIFF TOMMY BOSWELL, RUSSELL COUNTY, ALABAMA: The commander of the task force just called me said that they had received information that the individuals fitting their descriptions were staying in a motel in Columbus. They sent a detachment (ph) over there and hit the motel and found them.

DORNIN: And you and I had been talking earlier. The investigators did not think they were together.

BOSWELL: No, but they were.

DORNIN: Were they -- what were they wearing at the time?

BOSWELL: I don't know any of the details. I haven't heard back from them, but it is confirmed from the commander of the task force that it is them.

DORNIN: Now, did you -- I understand, too, that you received some tips following your appearance on "Anderson Cooper" last night. Was it anything from those tips that led to their capture?

BOSWELL: It's hard to determine whether or not that particular tip came from that particular show, but we got a lot of information last night following the publicity that we got. And this was one of the tips that we got.

DORNIN: Was there any kind of violence do you know or any -- did they resist arrest or anything like that so far?

BOSWELL: I don't have any of the details.

DORNIN: OK. And was it anything also that the other prisoner might have told you that lead you to . . .

BOSWELL: I don't have any of the details.

DORNIN: OK. All right. Well, at least we've got the news then that they were arrested.

BOSWELL: That's right.

DORNIN: That's Sheriff Tommy Boswell here in Russell County. Very good news, of course, because both of these men are suspected of and charged with murder and have been awaiting their court trials here. They have been apprehended in Columbus, Georgia, and now are on their way to -- Sheriff?

BOSWELL: They'll go to Columbus, Georgia, first, to be processed and then transported back over here.

DORNIN: OK. So an ending to the -- a good ending to -- resolution to this story here.

Daryn.

KAGAN: Rusty, before you let the sheriff go, a couple of questions for him. First of all, how far between Phenix City, Alabama, where you are, and Columbus, Georgia?

DORNIN: Well, Phenix City, Alabama, and Columbus, Georgia, as I've been talking to the sheriff, you're pretty much just neighbor. You treat each other as the same city, right?

BOSWELL: That's right. Exactly.

DORNIN: So you had said earlier, you think -- did they go back and forth, you had thought?

BOSWELL: Yes, we felt like -- they don't know where the state line is. They go back and forth.

DORNIN: And the state line is actually the Chattahoochee River, is that correct?

BOSWELL: Correct.

DORNIN: OK.

KAGAN: So it's just the other side of the river. But because they are in another state, will there have to be extradition proceedings? DORNIN: There will not be any extradition proceedings, will there be for them, because they're on the other side of the river in a different state?

BOSWELL: There will have to be some type of proceeding over there. It may be just to take the form of signing a waiver, or it may be the form of going before a judge or something. But that will all have to take place before they come back here.

DORNIN: OK. Sheriff Boswell just told us he does have to leave, Daryn, unfortunately. He can hear your questions. So he's going to step out.

KAGAN: All right. We'll let him go then.

DORNIN: But they did get some tips last night of people that claimed that they had seen them in convenient stores or also walking down the street. Also, a top enforcement official in Russell County told us that when the three men did escape Saturday morning, they came upon a homeless encampment where there was a lot of clothing strewn around.

They apparently did change their clothes and sheriff's deputy ended up finding a homeless man later who had one of the white coveralls from the jail. He was wearing them. So they did know that they were able to get rid of their prison garb fairly early.

Daryn.

KAGAN: Rusty Dornin live from Phenix City, Alabama. We'll look forward to seeing how the next chapter unfolds as they try to get those escaped inmates back there to Phenix City.

Now as we were mentioning the other developing story that we've been following, the standoff in Statesboro, Georgia, in the southeast part of the state. Those two suspects have surrendered as well. Just a little while ago the chief of Statesboro, Chief Stan York, held a news conference and talked about how that situation came to an end. Let's listen in to that.

(BEGIN VIDEO CLIP)

CHIEF STAN YORK, STATESBORO, GEORGIA, POLICE: Ladies and gentlemen, I'd like to report to you, we have successfully resolved the hostage situation. The three are all safe. No one was injured. The Browers are in custody. Mr. Hostilo will soon be with his family. The Browers are being charged with one count of kidnapping at this point in the investigation.

We are now processing the scene. The bomb techs are now securing the area. I'd like to thank all the parties that were involved in this situation, in this incident. The locals, with my staff, our department, the Bulloch County Sheriff's Department, all the state agencies and federal agencies that were involved in this that brought this to a successful resolution.

(END VIDEO CLIP)

KAGAN: Once again, that was the Chief Stan York from Statesboro, Georgia. The situation there since yesterday, a man identified as Robert Eugene Brower, 43-years-old, went into the office of the attorney that represented him in a previous criminal matter and apparently Brower was upset about a criminal conviction that he received in that case and wanted to draw attention to what he thought was an injustice. And so that hostage situation has been going on since yesterday morning. As you heard the chief say, that's been resolved. Nobody in the end was hurt as that was resolved.

Let's go to Florida now. A third teenager has been arrested for his alleged part in a brutal attack on a homeless man. It's one of a series of attacks which -- one of which was caught on a surveillance tape. Eighteen-year-old William Ammons is now behind bars on a $5,000 bond, charged with aggravated battery, causing bodily harm.

Two other teens face murder charges in the beating death of a 45- year-old transient and aggravated battery charges in the beating of another man. Authorities are investigating the possibility of yet another suspect involved in the attacks.

And since we started with all that breaking news, let's go ahead and take a look at what else is going on right "Now in the News." Doctors say that former President Gerald Ford is doing well in his recovery from pneumonia. Ford was admitted to the hospital on Saturday in Rancho Mirage, California, but it was only announced yesterday. The 92-year-old could be released as early as tomorrow after being treated with intravenous antibiotics.

In California this morning, a condemned killer was put to death just moments after turning 76 years old. Charles Allen was convicted of arranging a triple murder from prison 25 years ago. His attorneys had argued that executing a frail old man violated the Constitution by qualifying as cruel and unusual punishment.

Earlier today, Vice President Dick Cheney met with Egyptian President Hosni Mubarak. Mr. Cheney is seeking support in referring Iran to the U.N. Security Council over its nuclear program. A similar discussion is expected on the next stop when meets with Saudi Arabia's King Abdullah. By the way, Egypt's government later chastised the U.S. for ignoring Arab concerns about Israel's nuclear program.

The first lawsuits are being filed today against the Bush administration for its domestic spying program. The American Civil Liberty's Union claims in its suit that spying on Americans without approval from Congress or a judge is unconstitutional. The suit also contends that by authorizing the program, President Bush has exceed his constitutional authority.

A second group, The Center for Constitutional Rights, reportedly is also filing suit against the NSA program. The president has said he has the right to authorize the secret surveillance because the power granted to him by Congress after 9/11.

And "The New York Times" reporting today that the domestic spying program had critics inside the FBI. "The Times" says that the National Security Agency sent thousands of tips a month after the FBI -- to the FBI after 9/11, swamping agents with unfiltered information. "The Times" quotes current and former officials as saying virtually all the tips led to dead ends or innocent Americans. "The Times" note said the NSA routinely collects large amounts of information that may only results in a few bits of information.

And Al Gore calling the domestic spying program a gross and excessive power grab by the Bush administration. The former vice president blames both members, members of both parties, for not protesting the NSA program. Gore made his comments to The Liberty Coalition, that is a bipartisan group concerned with civil liberties and privacy issues.

(BEGIN VIDEO CLIP)

AL GORE, FORMER VICE PRESIDENT: What we do know about this pervasive wiretapping virtually compels the conclusion that the president of the United States has been breaking the law repeatedly and insistently.

(END VIDEO CLIP)

KAGAN: Attorney General Alberto Gonzalez defended the domestic spying program during an interview on CNN's "LARRY KING LIVE."

(BEGIN VIDEO CLIP)

LARRY KING, CNN ANCHOR: General, doesn't the idea of spying run against the grain of Americans?

ALBERTO GONZALES, ATTORNEY GENERAL: I think, Larry, people need to understand that this is a very targeted and limited program the president has authorized. And we have to put this in context. Of course, we're talking about the most horrific attack on our soil in the history of this country, 3,000 lives lost on September 11th. The president pledged to the American people that he would do whatever he could within the Constitution to protect this country.

It has always been the case, since we've had electronic communication, that in a time of war, this country engages in an electronic surveillance in order to get information about the enemy. We need to know who the enemy is. We need to know what the enemy is thinking.

We need to know where the enemy is thinking about striking us again. And so absolutely this president is going to utilize all the tools that are available to him to protect this country. And I think the American people expect that of the president of the United States who is the only public official charged not only with the authority but with the duty of protecting all Americans.

(END VIDEO CLIP)

KAGAN: And in response to Al Gore's attack, Gonzalez says the Clinton administration publicly took the position that a president has the authority to authorize even physical searches without a warrant if national security is at stake.

CNN's "LARRY KING LIVE" airs weeknight at 9:00 p.m. Eastern.

Let's get back to one of our breaking stories that we led our newscast with, and that was the situation in Statesboro, Georgia. A hostage situation that went on for almost 24 hours. It resolved itself just moments ago. Let's bring in reporter Rachel Kim. She's with our affiliate WSB and she is in Southeast Georgia this morning.

Rachel, what can you tell us?

RACHEL KIM, WSB REPORTER: Well, Soledad, the Statesboro police chief just wrapped up a press conference telling us that this hostage situation came to an end within the past hour. Now the great news is that no one has been injured in this whole incident. The hostage takers, we are told, Robert and Connie Brower, are now in custody. And the hostage, Michael Hostilo, an attorney here in town, is now being reunited with his family.

We understand that the hostage takers, the Browers, at this time are being charged with one count of kidnapping and right now investigators are still on the scene, bomb techs are securing the area because we understand that there are improvised explosive devices in the area.

Now, all along Robert Brower, one of the hostage takers, has been seeking justice, what he calls justice, and asking for another trial to clear his name. We understand Brower has an extensive criminal record. And we're told that the hostage, Michael Hostilo, actually represented Brower in the past. So it turns out that Robert Brower will certainly get his days in court. Soledad, back to you.

KAGAN: Rachel Kim, live from Statesboro, Georgia, thank you.

And then our other developing story that took place not that far away from there, Phenix City, Alabama. Well, very close to there, Columbus, Georgia, just across the state line, these two escaped inmates were captured this morning.

Johnny Earl Jones, who was 17, and Lamar Benton, they had overpowered a guard early Saturday stabbing him 15 times in the back with a shank. They were found after a tipster notified officials. They were together and they were in a local motel in Columbus, Georgia. So they soon will be extradited and sent back to face now additional charges in Alabama.

And then this breaking news out of the U.S. Supreme Court having to do with Oregon's assisted suicide law. With a six to three vote, the Supreme Court has upheld that law, Oregon's assisted suicide law. It's a one-of-a-kind law. Oregon is the only one that has it. That would then reject a Bush administration claim attempting to punish doctors who carried out and helped sick patients, terminally ill patients, die under the assisted suicide law.

That was a big state's right issues. We'll talk to one of our legal expert a little bit later. But once again, the Supreme Court upholding Oregon's assisted suicide law. That had been voted on not once but twice by the voters of Oregon.

So, a different type of politics. Did you hear -- have you heard so far what New Orleans Mayor Ray Nagin said yesterday? Here's a little bit.

(BEGIN VIDEO CLIP)

MAYOR RAY NAGIN, NEW ORLEANS: This city will be chocolate at the end of the day.

(END VIDEO CLIP)

KAGAN: What exactly did he mean by that? The mayor clarifies when CNN LIVE TODAY returns.

Also, new questions about the fatal shooting of a teenager by police inside his school. Plus, a close look at the type of weapon that he was carrying.

And a two-year-old girl caught in the middle of an immigration battle. Handed over to her American father by U.S. border patrol agents, she's being told to leave the country.

(COMMERCIAL BREAK)

KAGAN: New Orleans Mayor Ray Nagin is not known for mincing his words. And, once again, he is saying exactly what's on his mind. During the MLK festivities yesterday, Nagin said the hurricanes that devastated his city were a result of God's anger with America. He also declared New Orleans would once again be a majority African- American city saying "that's the way God wants it to be." Listen for yourself.

(BEGIN VIDEO CLIP)

NAGIN: It's time for us to come together. It's time for us to rebuild a New Orleans, the one that should be a chocolate New Orleans. And I don't care what people are saying uptown or wherever they are, this city will be chocolate at the end of the day. This city will be a majority African-American city. It's the way God wants it to be. You can't have New Orleans no other way. It wouldn't be New Orleans.

(END VIDEO CLIP)

KAGAN: Reporter Ed Reams from our affiliate WDSU talked with Mayor Nagin who says he was simply promoting his idea of a racially diverse city.

(BEGIN VIDEOTAPE)

ED REAMS, WDSU REPORTER: Let's talk about the comments that you made about being a chocolate city and how God wants it that way. Do you think that's a bit divisive, though, on MLK Day?

NAGIN: Do you know anything about chocolate?

REAMS: I'm asking you.

NAGIN: I'm asking you. Do you know anything about chocolate? How do you make chocolate? You take dark chocolate, you mix it with white milk and it become as delicious drink. That's the chocolate I'm talking about.

REAMS: The mayor says his comments refer to a racially diverse city made of up of many different kinds of people.

NAGIN: New Orleans was a chocolate city before Katrina. It's going to be a chocolate city after. How is that divisive. It's white and black working together, coming together and making something special.

REAMS: The mayor says he continues to be frustrated with talk about changing the city.

NAGIN: It's a reality. It's something that everybody needs to come to grips with, you know? And I'm responding to a lot of different discussions that I've heard since Katrina about, you know, who should come back. This one shouldn't come back.

And if these people come back, then we won't come back. And I'm just tired of it. And I'm just laying it out for everybody to understand. This is the city we're going to build. It's going to be a racially diverse city. It's going to be a city that works better than prior to Katrina. And, you know, for the most part, you know, we just need to move on.

(END VIDEOTAPE)

KAGAN: Well, what do you think? Were Mayor Nagin's comments on the target or were they off the mark? Send us an e-mail, livetoday@cnn.com and we just might read your comments later on CNN LIVE TODAY.

Tell us what you think about the weather. Jacqui has an opinion on that and the information on which you can base your opinion. Jacqui, hello.

(WEATHER REPORT)

KAGAN: Well, even all that snow is on the way, we know Christmas is over. Well, apparently not everybody got that message. Ahead on CNN LIVE TODAY, a woman apparently trying to play Santa Claus, oh, not a good idea. Do not try this at home. We'll tell you that story.

And the morning after in Hollywood. We'll look at the winners and some of the losers. A number of surprises at the Golden Globe Awards. We're back after this.

(COMMERCIAL BREAK)

KAGAN: The markets have been open close to an hour. Not a great day on Wall Street. You can see the Dow is down 44 points. The NASDAQ also inching its way downward. It is down 15 points. Right now we head to Florida. There are new questions being raised in the fatal police shooting of a boy there. The teenager was gunned down after brandishing what police said was a very real looking gun at his middle school. Now his father says he told authorities that the weapon was really just a pellet gun. CNN's J.J. Ramberg has the story.

(BEGIN VIDEOTAPE)

J.J. RAMBERG, CNN CORRESPONDENT, (voice-over): Eleven-year-old Shane Crawford (ph) passed a card around his neighborhood. The same neighborhood where Christopher Penley lived for most of his life.

UNIDENTIFIED MALE: Mr. Penley, I am sorry about Chris and I know how you feel.

RAMBERG: As neighbors and friends mourn the loss of the 15-year- old Chris Penley, many of them are questioning how he died. On Friday, according to the Seminole County Sheriff's Department, Chris Penley brought what looked like a nine millimeter handgun to his school in suburban Orlando. He used it to scare fellow students and, as they fled, threaten at least one of them.

MAURICE COTEY, PENLEY CLASSMATE: He told me to get up against the blackboard and I did and he put the gun to my back and then I told him, please, don't shoot me. Please, don't shoot me.

RAMBERG: After a scuffle, Maurice Cotey got away. By the time the SWAT team arrived, the school had issued a code red and locked the students in their classroom with the lights turned off. At one point during this incident, the precise timing isn't exactly clear, Chris Penley's father, according to his lawyer, told authorities his son was not a danger.

MARK NATION, PENLEY FAMILY LAWYER: He explained to the deputy that he was on the phone with that his son did not have a real gun. They don't own any guns in the house. And that he had a black or a pellet gun that he had painted black.

RAMBERG: Ralph Penley was desperately racing to his son's school.

NATION: He was at the school within 15 minutes. He was not allowed to then enter the school property for another 30 minutes. And at that point, he was told that his son had been shot.

RAMBERG: The police had chased Chris Penley into a deserted restroom. It's not clear whether any of the officers on the scene ever got a message about the gun. The sheriff says officers ordered the eighth grader to drop his weapon. Instead, they say, he took aim at them and Lieutenant Mike Wiper (ph), a 16 year veteran of the SWAT team, shot Penley.

LOU PALUMBO, SECURITY EXPERT: The SWAT teams are trained to take a position, number one. Secondly, continuously assess the situation. And when the situation so deteriorates that they do not have an option other than the implementation of deadly, physical force, take it.

RAMBERG: We now know the gun was a pellet gun painted, police say, to look just like a real fire arm, the gun Ralph Penley said he described to authorities on the phone.

UNIDENTIFIED MALE: This is the actual firearm that was held by the subject, inside of the one that I'm holding, during the incident. And as you can see, it looks almost identical to the one that Zach Dolley (ph) is holding, which is the actual, real nine millimeter handgun.

TANIA CRAWFORD, NEIGHBOR: I think everybody's shocked because he was, I understand he's 15 years old, but that's somebody's baby. And that's -- that's -- that's what . . .

RAMBERG: Chris is described by most friends and neighbors as a quiet, normal teenager. He played video games, liked to work out and he had typical teenage problems. The question is, what set him off on January 13? His close friend P.J. Lafferty has one theory.

PATRICK LAFFERTY, NEIGHBOR: His girlfriend -- it was over his girlfriend and that he was going to get jumped. He was dating a girl and she ended up kissing another guy while she was dating him and then she broke up with him the next day.

RAMBERG: Authority will have to determine whether it was, in fact, a failed romance that drove Chris Penley to bring a weapon to school. Another important part of the investigation will focus on whether there was a failure in the chain of communications. A failure that cost a 15-year-old boy his life.

(END VIDEOTAPE)

KAGAN: And that was CNN's J.J. Ramberg reporting. You can see "Anderson Cooper 360" weeknights at 10:00 Eastern, 7:00 Pacific right here on CNN.

Let's get back to a break news story that you first heard right here at CNN at the top of the hour. And that is the capture -- oh, actually, yes, that is -- that is, OK. That is the capture of two escaped inmates. They were captured across the Alabama-Georgia line.

They had escaped from Phenix City, Alabama. Those are the two inmates, Johnny Jones and Lamar Benton. Our Rusty Dornin broke the story and had a chance to talk with the sheriff there in Phenix City, Alabama. Let's hear what she had to say.

(BEGIN VIDEO CLIP)

DORNIN: We're here with Sheriff Tommy Boswell who can tell us a little bit more.

How did this happen? How did you get this tip?

BOSWELL: The commander of the task force just called me said that they had received information that the individuals fitting their descriptions were staying in a motel in Columbus. They sent a detachment over there and hit the motel and found them.

DORNIN: And you and I had been talking earlier. The investigators did not think they were together.

BOSWELL: No, but they were.

DORNIN: Were they -- what were they wearing at the time?

BOSWELL: I don't know any of the details. I haven't heard back from them, but it is confirmed from the commander of the task force that it is them.

DORNIN: Now did you -- I understand, too, that you received some tips following your parents on "ANDERSON COOPER" last night. Was it anything from those tips that led to there capture?

BOSWELL: It's hard to determine whether or not that particular tip came from that particular show, but we got a lot of information last night following the publicity that we got, and this was one of the tips that we got.

DORNIN: Was there any kind of violence, do you know, or any -- did they resist arrest? Or...

BOSWELL: I don't have any of the details.

DORNIN: OK. Was there anything else, sir, that the other prisoner might have told you that led to...

BOSWELL: I don't have any of the details.

DORNIN: OK, all right. Well, at least we've got the news then that they were arrested. So Sheriff Tommy Boswell here in Russell County. Very good news, of course, because both of these men are suspected of and charged with murder, and have been awaiting their court trials here. They have been apprehended in Columbus, Georgia, and now are on their way to -- sheriff.

BOSWELL: They'll go to Columbus, Georgia first to be processed and then transported back over here.

DORNIN: OK, so an ending to...

(END VIDEOTAPE)

KAGAN: And so while that story wraps up in Phenix City, Alabama and Columbus, Georgia, not that far away in Statesboro, Georgia, a hostage situation also resolved itself about the same time.

A man, Robert Eugene Brower, had gone into his former attorney's office, apparently upset about a previous criminal matter and criminal conviction, and held that attorney hostage for almost 24 hours. But officials there saying that Brower and his wife gave them themselves up not that long ago, within the last hour, and that one resolved without anybody being hurt.

(NEWSBREAK)

KAGAN: And when CNN's LIVE returns, caught in the middle, a 2- year-old girl facing deportation. But her dad is fighting to keep her here in the U.S.

(COMMERCIAL BREAK)

KAGAN: Right now in Washington D.C., as we look at live pictures, Secretary of State Condoleezza Rice joins Homeland Security Secretary Michael Chertoff. They are announcing a new border security program. The plan aims to improve border security, while also making travel easier by streamlining the process.

On any given day, there are about 20 million illegal immigrants here in the U.S. Most are in plain view. But few receive the attention of the 2-year-old girl you're about to meet. She's being taken from her home and her father, because the innocence of youth means nothing in immigration law.

CNN's Rick Sanchez has the story, which was first seen on "ANDERSON COOPER 360."

(BEGIN VIDEOTAPE)

RICK SANCHEZ, CNN CORRESPONDENT (voice-over): She's only two, here with her father and attorney. She can't possibly understand why she's in court in Atlanta. Little Anett Maldonado's story happens at the emotional epicenter of immigration policy in this country.

It would be crushing for anyone, yet it all came to rest squarely on Anett's fragile shoulders.

EDGAR MALDONADO, ANETT'S FATHER: My little baby is innocent. Because that's like, she can't make -- she can hardly speak.

SANCHEZ: Twenty years ago, Anett's father, Edgar Maldonado, arrived with his parents from Guatemala. Edgar would become a legal U.S. resident, play high school football, graduate and start a construction business in suburban Atlanta.

A few years ago, a new business venture meant he also had to spend time in Honduras.

(on camera): Edgar Maldonado was living in two places: here in Austell, Georgia; and also in Central America. It is there, he was starting a new business and it is there he met the woman who would become his wife.

(voice-over): Soon, Anett was born. And for her father, business was booming in Georgia, so he stopped the Honduras business and planned to bring his wife and daughter to join him in Georgia.

Your plan was to have your wife come here legally.

MALDONADO: Legally. With my daughter. She flies here, flies with my daughter like normal, what would normally be. SANCHEZ: But Edgar says his wife grew inpatient. A year ago, she was caught with Anett illegally crossing the border into Texas.

You had nothing to do with that?

MALDONADO: I had nothing to do with that.

SANCHEZ: Maldonado says a customs agent called him to say they had his wife and daughter. But then, gave him a peculiar choice. Though his wife had to go back, the officer handed him his daughter.

The immigration official said you can take your daughter?

MALDONADO: You know what, it sounds so harsh, but all they did was say, here.

SANCHEZ: Anett Maldonado ended up on immigration court because she was here illegally. Her lawyer agrees. But Attorney Robert Beer argues she's an innocent. And asks, can't the law be tempered with mercy?

ROBERT BEER, MALDONADO'S IMMIGRATION ATTORNEY: What sweat is it off the United States government to have this little girl stay? She's not a criminal. She's not the one that decided to break the law.

SANCHEZ: The judge says the law is clear and he had no choice, but to order Anett be deported within 120 days. After repeated requests from CNN, no one from the Department of Homeland Security would go on camera.

But a DHS spokesperson emphasized Anett was here illegally, and the case was clear cut, nothing out of the ordinary. Anett's lawyer questions the government's priorities, wondering why the government is going after a 2-year-old, while ignoring hundreds of illegal aliens in Atlanta area jails.

BEER: It embarrasses me as a native-born American, that the government would do this. It makes no sense to me.

SANCHEZ: So Anett could not possibly understand how she finds herself in the middle of a black and white, if not heartless policy. Could not understand why she will have to leave this spring, before her father has a chance to legally bring her mother, his wife, home to Georgia.

You've become very attached to her?

MALDONADO: And in such a great way.

SANCHEZ: Rick Sanchez, CNN, Atlanta.

(END VIDEOTAPE)

KAGAN: And be sure to tune into "ANDERSON COOPER 360" weeknights, 10:00 Eastern, 7:00 Pacific, right here on CNN. Talk about finding yourself in a jam. Up next, a night one woman won't soon forget. Trapped for hours in her own chimney. Was she a burglar, or did she just forget her keys?

And summoned for jury duty. This little girl might have to hitch a ride to the courthouse. Clearly not old enough to drive. We'll tell you her story just ahead.

(COMMERCIAL BREAK)

(MARKET REPORT)

(NEWSBREAK)

KAGAN: There are fewer bragging rights on Wisteria Lane this morning. The women of "Desperate Housewives" were dealt a surprise at last night's Golden Globes. Sibila Vargas is live in L.A. with a recap.

Sibila, hello.

SIBILA VARGAS, CNN ENTERTAINMENT CORRESPONDENT: Hey, Daryn.

That's right, the real life drama continues for the women of Wisteria Lane. So who's feeling not so desperate this morning? I'll have the surprising answer when CNN LIVE TODAY continues.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

REESE WITHERSPOON, GOLDEN GLOBE WINNER: I just want to also say that this film is really important to me. It's about where I grew up. It's about the music I grew up listening to. So it's very meaningful, and I just want to thank people who created this opportunity for me.

(END VIDEO CLIP)

KAGAN: Actress Reese Witherspoon could be practicing for the Oscars if her Golden Globe for "Walk the Line" is any indication. Last night's award ceremony honored several films that broke out of the mainstream of the Hollywood mindset. And let's not forget, they honored TV winners as well.

Our entertainment correspondent Sibila Vargas was there, and she has all the details.

VARGAS: That's right, Daryn, Hollywood came out to party and receive some at last night's 63rd Annual Golden Globes. There were a few surprises, some fashion hit and misses. And in the end, lassoing in the most statues was an unconventional love story.

(BEGIN VIDEOTAPE)

VARGAS: The big winner of the night, "Brokeback Mountain." The film about two gay cowboys took the Golden Globe Awards in four of the seven categories in which it received nominations, including best dramatic picture.

JAMES SHAMUS, PRODUCER, "BROKEBACK MOUNTAIN": We are stunned in thanks to the Hollywood Foreign Press.

VARGAS: Also stunned, Hoffman and Huffman, the winning actors in the dramatic film category. Philip Seymour Hoffman won for his portrayal of novelist Truman Capote in "Capote." And Felicity Huffman for her role as a transsexual in "Transamerica."

FELICITY HUFFMAN, ACTRESS: I would like to salute the men and women who brave ostracism, alienation and a life lived on the margins to become who they really are.

VARGAS: In the musical or comedy film category, "Walk the Line" won top honors for best picture. While costars Reese Witherspoon and Joaquin Phoenix took home best actor and best actress awards in a musical or comedy for their portrayal of Johnny and June Carter Cash.

JOAQUIN PHOENIX, ACTOR: To John and June for sharing their life with all of us.

VARGAS: George Clooney, who had three individual nominations in three different categories, including best supporting actor in a drama for "Syriana," was the first award of the night.

GEORGE CLOONEY, ACTOR: This is early. I haven't had a drink yet.

VARGAS: British actress Rachel Weisz earned the prize for best supporting actress in a drama for "The Constant Gardener."

The winners in the Golden Globe film categories are closely watched as leading contenders for Academy Award in two months. Meanwhile, ABC was television's big winner of the evening. The thriller, "Lost," won best TV drama. While fan favorite "Desperate Housewives" won for best comedy or musical TV show. The best comedic actress award went to "Weeds" star Mary Louise Parker.

MARY LOUISE PARKER, ACTRESS: I thought we were all kind of desperate housewives, so mine was just a little bit more desperate than theirs were.

VARGAS: Best actor in a TV comedy went to Steve Carell for "The Office." His acceptance speech, he said, was written by his wife.

STEVE CARELL, ACTOR: I would also like to thank my wife, Nancy.

VARGAS: And "Commander in Chief" star Geena Davis won best actress in a TV drama for her portrayal as the first female U.S. president.

GEENA DAVIS, ACTRESS: This is really wonderful for a fledgling little show like ours.

VARGAS: A golden night for all the golden globe winners.

(END VIDEOTAPE)

VARGAS: Of course, many of the winners in the film category expected to become big contenders come Oscar time. So don't be surprised to hear "Brokeback Mountain," "Walk the Line," Philip Seymour Hoffman, Felicity Huffman, Reese Witherspoon and Joaquin Phoenix's name being called at the Oscar nominations later this month. Already on to the next award, Daryn.

KAGAN: Well, but before we do, Sibila. You were there live. I would like to get your take on fashion, because I got to say, sitting at home, I was very underwhelmed with the dresses this year.

VARGAS: Yes, it didn't seem like women were taking many risks.

KAGAN: Or they took the wrong risks. Who looked great in person?

VARGAS: Who look great -- I would say Keira Knightly. Yes, absolutely fabulous. She had this beautiful white Valentino dress on. She so charming to speak to on the red carpet. I think it's just everything, just the whole look. Strapless was a fashion trend that we saw a lot of yesterday.

But I think you're right, I mean, some of the colors, though. I mean, there were a lot of -- green was in for some reason, and I think the person who wore it the least best would be Drew Barrymore. Look at her right there. I mean, I don't know what she was thinking. And they have to kind of pan up, because she wasn't -- seemed like she wasn't wearing a bra, Daryn.

KAGAN: Yes, she was not thinking undergarments, we can say that.

VARGAS: She wasn't. And it just -- it didn't look right. I think that was pretty much unanimous.

KAGAN: And I'm a big fan of Drew Barrymore. So she'll get it back together.

VARGAS: Yes, I'm sure she will.

KAGAN: All right, Sibila, get some sleep, long night for you.

VARGAS: Thank you.

KAGAN: There's other news coming out of New Orleans today, Mayor Nagin saying in an MLK speech the city will once again be a "chocolate city," that it will once again be majority African-American. We've been asking for your opinion and e-mail. We will read some of those just ahead. Our address, livetoday@CNN.com.

(COMMERCIAL BREAK)

KAGAN:: So we've been talking this morning about New Orleans Mayor Ray Nagin and his comments about the type of city he wants and why he thinks Hurricane Katrina happened in the first place. Ahead we'll go live to New Orleans. We'll also look to outer space and NASA's probe to Pluto. We'll get to that in a moment.

First, though, let's talk about what Mayor Nagin had to say and his comments that New Orleans will once again be a chocolate city, a majority African-American city. We were asking for your e-mail on that, and what you had to say.

A couple of good ones here, this one from Court (ph) in San Diego. He said, "It should not be acceptable to make comments like that. If someone were to say it were to be a 'white chocolate city,' all hell would break loose. Mayor Nagin would be putting that person down at the first opportunity."

And this one from K. Patterson who says that, They agree with the mayor. "We, as a country, are on a moral decline, even though we claim to be a country of profound faith." This decline can be seen no matter what faith you measure it again, except paganism or the like."

And that had to do with the part of mayor Nagin's comment where he said God was punishing New Orleans and punishing America for the war in Iraq, and that's why Katrina hit.

(NEWSBREAK)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com