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American Morning

Duke University Rape Case; 26-Year-Old Man Accused of Murdering 10-Year-Old Girl First Court Appearance Today

Aired April 17, 2006 - 07:00   ET

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

ALINA CHO, CNN CORRESPONDENT: I'm Alina Cho in Durham, North Carolina, where we could see the first indictments today in the Duke University rape case. I'll have that story coming up.
ED LAVANDERA, CNN CORRESPONDENT: I'm Ed Lavandera in Purcell, Oklahoma. The 26-year-old man accused of murdering a 10-year-old girl makes his first court appearance here today. I'll have that story coming up.

ANEESH RAMAN, CNN CORRESPONDENT: I'm Aneesh Raman in Baghdad.

Saddam Hussein's trial resumed this morning. At issue, was it really his signature on documents presented to the court? That story coming up.

BETTY NGUYEN, CNN CORRESPONDENT: And a high-profile Hollywood crime played out on the big screen. How is the film playing in court, though? That's the question. The celluloid case of Jesse James Hollywood. That's ahead, right here on AMERICAN MORNING.

MILES O'BRIEN, CNN ANCHOR: Good morning to you. I'm Miles O'Brien.

Good morning to you. Welcome.

NGUYEN: Good morning, Miles. Good to see you again.

O'BRIEN: Good to have you here.

NGUYEN: I'm Betty Nguyen, sitting in for Soledad today.

O'BRIEN: Let's get right to it. No letup in the controversy over Donald Rumsfeld. Four retired generals backing the defense secretary, today's "Wall Street Journal." That after the Pentagon released a memo with talking points on how to counter criticism of Rumsfeld.

Barbara Starr is live at the Pentagon.

Barbara, it's been a remarkable story to see this kind of open skirmish between these retired generals.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Absolutely, Miles.

And if you want to think about it this way, Operation Defend Don Rumsfeld is absolutely now in full swing. That memo on Friday coming out of the government Pentagon press office here, offering talking points and facts, the Pentagon says, to those who want to defend the secretary. One of his staunchest supporters, not surprisingly, is General Richard Myers, who is recently retired as chairman of the Joints Chiefs of Staffs. General Myers repeatedly making public appearances, saying very strongly, in his view, it's not the job of retired generals to criticize the administration.

(BEGIN VIDEO CLIP)

GEN. RICHARD MYERS, (RET.) FMR. CHAIRMAN OF JOINT CHIEFS OF STAFF: Our job is for the best military advice. Shame on us if we don't do that. It would be an absolute crime, in my view. I should be shot if I didn't provide my best advice.

(END VIDEO CLIP)

STARR: But the criticism, Miles, is continuing to stick, if you will, on a very crucial point, the decisions that the Bush administration made, that Secretary Rumsfeld made, about the level of troops needed for the war in Iraq. General James Marks, retired, was the chief of intelligence for the ground combat force in the run-up to the war.

(BEGIN VIDEO CLIP)

GEN. JAMES MARKS, (RET.) U.S. ARMY: We requested the First Calvary Division. That was denied. At a very critical point in the war, I might say. The metric that was established then was success against the Republican Guard and Saddam's forces. We clearly -- the desired in state was what's going to happen after those forces have been dealt with. And what do you do when you've got this military presence in Iraq?

(END VIDEO CLIP)

STARR: So what is really remarkable here is even the generals who are not calling for the secretary's resignation, even those who say it's not their job to get involved that political food fight, many of them now openly coming out speaking publicly about the mistakes that they do feel were made -- Miles.

O'BRIEN: Yes, It's Interesting, in some cases, it seems to be damning with praise. But, Barbara, let's talk about this talking points memo that came out. How unusual is that in the first place? Secondly, the fact that it's been so widely circulated, fully publicized. Is that unusual?

STARR: Well, I think the publicizing of it probably is. Let's explain, there are a group of retired officers, military personnel, that regularly are analysts on television broadcasts, in the newspapers, and what the Pentagon does is meet with them regularly and provide them with what the Pentagon says are facts about certain situations so they can be fully informed and go out there. They've not had to do that in the case of defending the secretary. Usually it's facts about the war. But wait up, Miles, because now, on Friday, they have called a meeting of all of those analysts for Tuesday. They are expected here in the Pentagon, and they will meet with the secretary and are expected to speak to them about this entire situation.

O'BRIEN: We'll be reporting back to you on that. That is for sure. Barbara, thank you very much. Barbara Starr at the Pentagon. As you saw in her report, Retired General Spider Marks is speaking out. We will talk with him liver here in the next hour.

We're following a developing story out of Israel meanwhile: an explosion at the Central Bus Station in Tel Aviv. Authorities are telling CNN at least 30 have been injured. So far we have no reports of any deaths. The Associated Press is saying the blast occurred when a Palestinian suicide bomber blew himself up at the bus station. We'll keep you updated on this one and give you more as it develops -- Betty.

NGUYEN: And speaking of violence, Miles, it's not letting up in Iraq. Four U.S. Marines killed in two separate incidents over the weekend, and today a roadside bomb killed a civilian and injures three others.

Aneesh Raman is live in Baghdad with the latest on all of this.

Good morning to you, Aneesh.

RAMAN: Betty, good morning to you. At least four Iraqis now killed in variety of attack in the capital this morning. As you mentioned, one civilian killed after a roadside bomb was detonated just as an Iraqi army patrol was passing by this morning. Three other wounded. And in the Sunni area part of Adamia (ph), a part of Baghdad, an ongoing gun battle this morning that has now ended, left three civilians killed there.

This, as you mentioned, as the U.S. military says that on Saturday, four U.S. Marines were killed in two separate incidents in the volatile Al-Anbar province of western Iraq. It brings to 48 the number of U.S. troops that have been killed so far in April. That number greater than all of March, which we see a record low number of casualties, just 31 U.S. troops killed in March in Iraq.

But the big question today in Iraq, that is, when will Iraq's government form? The parliament was supposed to meet today. It canceled the meeting, a sign of the political crisis that has crippled the country continues. It's over who will be the country's prime minister, and there's no answer in sight -- Betty.

NGUYEN: Well, here's another question for you, Aneesh. Saddam Hussein and his codefendants back in court today. Any fireworks this time around?

RAMAN: It was Very sedate. I was in the courtroom. The session lasted just over an hour. The chief judge read transcripts from expert witnesses, handwriting analysts, that said that on some nine documents that the court had, they did verify the signature was that of Saddam on one of them, codefendants on others. The prosecution, though, said we have more documents of Saddam, including a signed execution order, that analysts didn't look at. So the court is going to resume on Wednesday to rule on that -- Betty.

NGUYEN: Aneesh Raman in Baghdad. Aneesh, thank you.

O'BRIEN: The man accused of killing a 10-year-old neighbor in a small Oklahoma community goes to court today. Police believe Kevin Ray Underwood harbored notions of cannibalism.

Ed Lavandera live from the courthouse in Purcell, Oklahoma.

Good morning, Ed.

LAVANDERA: Miles, it's been a gruesome crime that many people in this town of 5,000 are still struggling to come to terms with. And what's worse is that while hundreds of people were looking for 10- year-old Jamie Rose Bolin last week, police say she might have already been dead, even before they knew she was missing.

(BEGIN VIDEOTAPE)

LAVANDERA (voice-over): The people of Purcell are trying to come to terms with the brutal murder of 10-year-old Jamie Rose Bolin at this apartment complex just yards from her front door. Police say Kevin Ray Underwood, who lived on the floor below, confessed to the girl's murder soon after the arrest on Friday. Telling FBI agents, "Go ahead and arrest me. She's in there."

Investigators say that earlier in the week, Jamie Rose has used Underwood's phone to order pizza. And on Wednesday she appears to have entered his apartment voluntarily.

CHIEF DAVID TOMPKINS, PURCELL POLICE: It does not appear that this crime was a spur of the murder crime of opportunity, but appears that this was a well thought out, premeditated act.

LAVANDERA: An online diary that Underwood appears to have kept for several years reveals a man frequently depressed, angry, and with violent thoughts. In a question posted prominently on the blog he asked, "If you were a cannibal, what would you wear to dinner?" In February of this year, he wrote about anti-depressants he was taking saying, "I've been really bad again lately. I need to have the doctor write me a prescription for more Lexapro or something, and start taking that again."

But perhaps most disturbing is and entry from late in 2004: "My fantasies are getting weirder and weirder. Dangerously weird. If people knew the kinds of things I think about anymore, I'd probably be locked away."

The 26-year-old seems to have a few friends. A coworker at this hamburger restaurant where he recently worked says he was quiet and reserved.

BILL BERDAN, SUSPECT'S FMR. CO-WORKER: He wasn't a happy person. You could see it, you know. He just -- it was hard to get him to smile but, you know, other than that, he was all right.

LAVANDERA: At Easter services, members of the Mission Assembly of God Church remembered young Jamie Rose Bolin. The Reverend Duane Elmore said his congregation is struggling to understand how something so evil could happen so close to home.

REV. DUANE ELMORE, MISSION ASSEMBLY OF GOD CHURCH: It's very painful, and I think there's probably a lot of people, teachers and everybody, we all probably have a question of what could we have done and how can -- you know? Did I do enough? That's, you know -- that's tough.

(END VIDEOTAPE)

LAVANDERA: Kevin Ray Underwood is expected to be here in court, in this courthouse right behind me later on today, where prosecutors say they'll file first-degree murder charges against him and they do plan on seeking the death penalty. Prosecutors also say they're looking into filing other charges against him, as well -- Miles.

O'BRIEN: Ed Lavandera, a horrifying story. Thank you very much.

Overseas this morning, some breaking news: A bomb attack in central Tel Aviv near the bus station. Upwards of 35 people injured.

CNN's John Vause on the line with more.

John, what can you tell us?

JOHN VAUSE, CNN CORRESPONDENT: Miles, it now appears that there are a number of fatalities in the suicide bombing in the Old Central Bus Station in Tel Aviv. according to Israeli media reports, between four and six people have been killed in this blast. It happened at the Old Central Bus Station, which has been a frequent target of the past of Palestinian suicide bombers, and it comes after the Islamic Jihad militant group swore that there would be an increase, indeed in (INAUDIBLE), the response to the shelling of the Gaza Strip carried out by Israeli artillery over the last week. That shelling of the Gaza Strip by the Israelis has been a response to the continual launch of Kessam rockets by Palestinian militants.

Just to put it in a bit of context here, from what we hear, dozens have been wounded. That according to Israeli ambulance (ph) sources, and according to Israeli media, at least six so far have been killed in this blast -- Miles.

O'BRIEN: The concern, of course, John, is that we're seeing an escalating tit-for-tat cycle that's resuming here.

VAUSE: What we are seeing is, in particular, Islamic Jihad, which was not part of the cease-fire arrangement between the Palestinians and militant groups, and certainly stepping up the attacks on Israeli targets and Israel stepping up with its response to those attacks. The efforts of Israeli intelligence officials that there have been as many 70 warnings over the last couple of weeks put out, attempts by Palestinian militant groups to carry out some kind of attacks within Israel. So the Israelis are saying that the militant groups have been trying their best to carry out these kinds of attacks. They had been stopping most of them. They didn't succeed today.

O'BRIEN: CNN's John Vause joining us on the line from Jerusalem. We'll get back with him with as soon as we get more. Once again, between four and six dead, upwards of injured after a bomb attack near the old bus station in the central part of Tel Aviv. We'll keep you posted -- Betty.

NGUYEN: Back here in the U.S., we may learn today who the Durham district attorney really thinks is responsible in the Duke lacrosse rape investigation. A grand jury meeting this morning is expected to hear his case.

AMERICAN MORNING's Alina Cho live in Durham, North Carolina with the latest on this.

Good morning to you, Alina.

CHO: Betty, good morning to you.

I think it's safe to say the Durham community is collectively holding its breath today, waiting to see what will happen. As you mentioned, the grand jury will be meeting in just a couple of hours, and we could see the first indictments in this case.

(BEGIN VIDEOTAPE)

CHO (voice-over): Eighteen anonymous jurors will listen as prosecutors present their case. What they won't hear is anything from the defense attorneys. Lawyers for Duke lacrosse players call it an one-sided process, one that more often than not results in an indictment.

BILL THOMAS, DEFENSE ATTORNEY: That is a very frightful process for these young men who would have to suffer and endure through a charge and a trial.

CHO: The alleged victim is a 27-year-old mother of two and student at North Carolina Central University. On the night of March 13th, she and another woman were hired as strippers by Duke lacrosse players. She then accused three players of raping her in a bathroom.

Last week, lawyers for the players announced no DNA match linking any of the 46 players tested to the accuser. The D.A. is waiting for more test results, and says even without DNA, he still has a case.

MICHAEL NIFONG, DURHAM DISTRICT ATTORNEY: It doesn't mean nothing happened. It just means nothing was left behind.

CHO: Late last weekend, according to the university, Durham police went to the dorm rooms of some of the players without a search warrant, and tried unsuccessfully to interview them. One defense attorney said he was shocked police would try to speak to the students without notifying their attorney. With feelings on both sides running high, about 50 members of a local church turned out Sunday at the house where the alleged rape occurred to pray for justice.

(END VIDEOTAPE)

CHO: The grand jury will be convening in less than two hours. And if at least 12 of the 18 jurors find probable cause, the D.A. will move forward with criminal charges. There will be arrest warrants issued. It certainly will mark a turning point. And, Betty, if this happened, and it is widely expected it will happen, it will be the first time that names and faces are attached to this case.

NGUYEN: OK. On a related note, Jesse Jackson has come out to support the alleged victim, offering to pay the tuition of the victim. What can you tell us about this?

CHO: That's absolutely right. Through a spokesman, we are told that Jackson spoke to someone very close to the family, Betty. He apparently said he doesn't want the woman, a 27-year-old mother of two, to have to work as a stripper in order to support her family, in order to go to school. It is unclear if the woman has accepted the offer, but certainly it is out there on the table -- Betty.

NGUYEN: CNN's Alina Cho in Durham, North Carolina. Thank you, Alina.

(WEATHER REPORT)

NGUYEN: Well coming up, what should be so controversial about the White House Easter Egg roll? Hmm? Well, it seems quite a bit. When same-sex parents and their kids are waiting to get in. We'll go live to the White House for a look at that.

O'BRIEN: Also results of the latest round of car crash safety tests are. We'll find out who's in, and who passed and who didn't do so well.

NGUYEN: And later, a prison program that rewards good behavior with things like, oh, CD players, video games. Are convicted criminals being coddled?

Stay with us. We'll answer that.

(COMMERCIAL BREAK)

O'BRIEN: Oh, gosh! Let's crash cars. This wouldn't be a bad job to do this all day. Another round of crash tests from the Insurance Institute for Highway Safety. They found a couple of top picks. Among them, the Kia Sedona there. Minivans normally don't do so well in these tests. And the Subaru Impreza. Who names these things? What's an Impreza?

Anyway. And one thing for sure in these tests, if you have the optional side airbags, that's good. It increases the safety ratings in every models, including the Toyota Prius hybrid, which got top marks when it had those side airbags. It's the first time the hybrid phenom was tested like that.

(MARKET REPORT)

O'BRIEN: The world would better off if folks were a lot less rude, but have New York City's politeness police gone too far? We'll explain. They have politeness police here? That would explain a lot of things.

And later, the legal battle over a movie based on a real life crime, why the film could be pulled from theaters, and get a California prosecutor in some bigtime trouble.

Stay with us.

(COMMERCIAL BREAK)

NGUYEN: Well, I may be visiting from Atlanta, but one thing that I know for sure about New Yorkers, um, well, they don't always have that Southern charm that we're known for down in the south. Now, there are new laws, though, that are making the Big Apple an example of courtesy and decorum. And other cities, they're taking notice.

Carol Costello is live in the newsroom with all of this. Really? Courteous New Yorkers? I like the sound of that.

CAROL COSTELLO, CNN ANCHOR: There are many of them.

NGUYEN: Yes, there are. I want to see more of 'em.

COSTELLO: That's true. You heard of Big Brother. Well, enter big mother. You know, how mom told you never to put your feet up on furniture. Well, apparently not many New Yorkers are listening. How do you get them to listen to mom's advice? Well, you fine them. Enter big mother. Take a look.

These are examples out of "The New York Times." New York has placed tighter restrictions on sports fans. So if someone runs on the field, or throws something on to the field at Shea or Yankee Stadium, not only are you kicked out of the game, you are arrested.

There are also tighter restrictions on car alarms. If you're car alarm goes off longer than three minutes, well, you'll get fined between $500 and $5,000. Those car alarms, some of them have been banned in the city of New York.

If you're on a subway and you put your feet up on the seats, it's a $50 fine.

If bring a cell phone into a movie, a concert or a Broadway show, $50 fine, if it goes off, of course. If you own a building in the city of New York and you come out to find it covered in graffiti, it's your responsibility to clean the graffiti off. If not, you are fined $300, and then there is this proposal. We call it parenting 101. Children under the age of 10 not allowed in movie theaters after 10:00 p.m., Because they're raucous, and actually they should be in bed, shouldn't they? Other cities really love this idea and following New York's lead. Example, in Chicago, they really like the idea of the fans being arrested if they run on to the field or throw something on to the field. In Boston and San Francisco, they love this cell phone idea. Fine them if the cell phone goes off in movie theaters or play houses. And in Toronto and Washington D.C., they love the idea of building owners having to clean up graffiti or being fined.

Even Lettitia Baldridge, and a former White House social secretary is weighing in, she also loves this idea. Here's the quote. She says, "Most people just seem to ignore common sense and common courtesy, so it does have to be legislated. To have this happen in New York is going to inspire a lot of other people. I can not applaud it enough. My hands are tired from clapping."

But as you might expect, civil libertarians aren't so happy about some of this stuff, especially, you know, forcing children out of the theaters after 10:00 p.m. They say that's an infringement on their civil rights, they say.

NGUYEN: Well, I'll I tell you, between possibly being arrested or fined up to $5,000, that will make just about anyone polite, don't you think?

COSTELLO: The car alarm thing, if your car alarm goes off longer than three minutes, I'm all for fining them $5,000.

NGUYEN: I'm done with the car. How about that?

Thanks, Carol.

O'BRIEN: Coming up on the program, we'll bring you up to date on the situation in Tel Aviv. Upwards of six people dead, more than 30 injured after a bombing in the central part of that city. We'll have an update for you after a break. Stay with us.

(COMMERCIAL BREAK)

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