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CNN Live Today

Immigration Reform Bill; Train Service Disrupted in Northeast; Outwitting a Predator

Aired May 25, 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: We are jam packed with this news hour. Here's what we are watching.
On Capitol Hill, the Senate tackling the contentious immigration bill. It includes a path to citizenship for illegals.

We are also keeping an eye on a Senate Foreign Relations hearing. There is the U.S. ambassador to the U.N., John Bolton, testifying live. Iran and its nuclear threat is expected to dominate the discussion as he testifies.

And how prepared are we for a possible flu pandemic. Health and Human Services Secretary Michael Leavitt is answering that question this hour.

Meanwhile, keeping an eye on this. Not much moving in terms of train service. It is a major power outage and it has stranded thousands of rush hour commuters between New York and Washington, D.C. This includes five trains that are stuck inside of tunnels and that means that people on board those trains were told to get out and start walking to the nearest station. Amtrak trying to use perhaps diesel locomotives to remove the trains. Trying to restore power along the route. This outage happened around 8:00 a.m. along Amtrak northeast corridor lines, affecting trains from Washington all the way through New York, through Queens. So, obviously, that's going to be developing as our couple of hours together moves on. We will get back to that story as they work on the power outage.

Meanwhile, your lawmakers are set to take a stand on immigration today. Senators are expected to pass a landmark bill to overhaul the nation's immigration law. As we look at live pictures from Capitol Hill. Now the Senate bill includes a controversial guest worker program. That would mean work visas for up to 3 million illegal immigrants. The bill doubles the number of border patrol agents to 12,000. It pays for 370 miles of triple layered fencing along the Mexican border. And finally, it levies $3,200 in fees and fines on immigrants who want to become legal.

A measure that passed in the House focuses on border security. The negotiators expect a tough time when they sit down to hammer out a compromise between the House and the Senate. Our Congressional Correspondent Dana Bash on Capitol Hill following the comings and goings.

Good morning. DANA BASH, CNN CORRESPONDENT: Good morning, Daryn.

Well, you really just lays out what the issue is here on The Hill. Of course, the focus today will be primarily on the Senate, the fact that they are going to pass this bill. But it really is afatacomple (ph) at this point and where the real rub is, as we've been talking about for quite a long time is, how and if senators will be able to find compromise with House Republicans who are still making it very clear that they -- many of them -- think no matter what the president says, no matter what senators here say, that what they are passing when it comes to the temporary worker program is, in their view, amnesty. And that is really going to be the heart of what the difficulty will be in terms of negotiations between the House and the Senate.

Daryn.

KAGAN: Dana, let's get to this story about Representative William Jefferson out of Louisiana. Of course a search of his office has caused some ruffled feathers from both parties on Capitol Hill. But now it appears there might be a compromise between congressional leaders and the justice department over what happens to what was taken from Congressman Jefferson's office.

BASH: You know, that is certainly what they are hoping for. They are looking for some kind of compromise on those documents. It is unclear if they're going to find it.

But I can tell you, Daryn, the politics on this story keep getting weirder and weirder. You just talked about the fact that Democrats and Republicans, the House leader, the speaker of the House, and the Democratic leader came out with a joint statement yesterday saying that they want the Justice Department to return these documents, the documents that were taken in the weekend raid of Congressman Jefferson's office. That was really a very rare event. And certainly from the Democrats, we're used to them questioning the Bush administration's tactics, but it really did escalate a show-down between Republicans here on The Hill and the Bush White House, and it's going to be interesting to see how that plays out.

Daryn.

KAGAN: You know, Dana, based on what? Because I think to a lot of Americans they think, well, hey, they had the search warrant. If the FBI suspected something from my office, they could come and get it. What makes Congress so special?

BASH: That's a great question. They say that two things, and both are constitutional issues. They say, first of all, that the Constitution stays that there is a separation of powers, and, in their view, that means that they can't -- that the executive branch can't basically intimidate the legislative branch. And that is, in their view, what happened with this search.

And then there's another -- not to get too technical here with legalese, but there's another clause called the Speech and Debate Clause in the Constitution, which they believe protects members of Congress from anything like this when it comes to their actual work on Capitol Hill. Worried about the fact that they have oversight over the executive branch and if executive officers, if you will, or members of the executive branch, like the FBI, come and rummage through their offices, who knows what they'll find. That's sort of the idea.

But I can tell you that there is at least one Republican senator, we found one, from Congressman Jefferson's home state of Louisiana, who says, you know, essentially that's hogwash. That members of Congress should be treated just like the regular American people. And if that means that the FBI has to come into their office here, if they think there's evidence here, then they should do it.

KAGAN: Dana Bash on Capitol Hill, thank you.

Washington is watching the story that has effected the northeast corridor. A big power outage stopping a number of trains between Washington, D.C. and New York City. Our Allen Chernoff is at Penn Station with the latest on that.

Allen.

ALLEN CHERNOFF, CNN CORRESPONDENT: Good morning, Daryn.

Things are pretty much at a stand still here at Penn Station. I'm in the main waiting room for Amtrak at Penn Station. And a board in front of me says delayed for about a dozen trains. Nothing at all coming in or out of Penn Station for Amtrak and also for New Jersey transit trains which share rail and electricity with Amtrak going in and out of Penn Station. According to wire reports, there were four trains that were actually stuck in a tunnel between Manhattan and New Jersey and Amtrak is going to be using diesel trains to get those passenger trains out of the tunnel. I myself was diverted. I live in New Jersey and I had to take a New Jersey transit train to Hoboken and from there we took the path (ph) train that travel up from lower Manhattan. So that's how people are getting into Manhattan from New Jersey.

But right now no activity in terms of trains for Amtrak or New Jersey transit in and out of Penn Station. The Long Island Railroad, I should mention, is continuing to operate. It has a separate rail and electricity system.

KAGAN: Allen, any idea what's causing the problem?

CHERNOFF: Apparently some circuit breakers tripped and the power is out all the way from Washington up to New York City. But as far as Amtrak and we have been able to find out, they just don't know exactly the cause of this just yet.

KAGAN: And we're just talking to the rail service. It's not an entire power outage along this whole corridor?

CHERNOFF: Right. Here we're talking about the power to the actual train line. KAGAN: Got it.

CHERNOFF: They do operate on electricity in this corridor, Washington to New York.

KAGAN: All right, Allen, glad you finally -- well, you're getting closer to making it to work. Thank you. Allen CHernoff reporting from Penn Station on this power outage affecting so many trains and commuters. Thousands of commuters between New York and Washington D.C. this morning.

Let's head west to Minot, North Dakota. An Amber Alert and so far a futile search for three-year-old Reachelle Smith. Three-year-old Reachelle Smith disappeared from her bed the night of May 16th. Police suspect she was abducted by her guardian's live-in boyfriend. He has been found dead of an apparent suicide, but there is no trace of Reachelle.

(BEGIN VIDEO CLIP)

STEPHANIE SMITH, RAECHELLE'S GUARDIAN: I must stress that Reachelle does have asthma and on occasion will need a nebulizer treatment. She will know them as treatments. Reachelle has never been away from us this long before, ever. So if someone does have her, please return her as soon as possible. We all miss her very much. She is our peanut.

(END VIDEO CLIP)

KAGAN: Police in Minot say they have not ruled out the possibility that other suspects might be involved.

And here in Georgia, police say this was no accident. A Georgia toddler hit by a car has now died. Forty-six-year-old Lanny Barnes now faces a charge of murder with malice. That's in addition to aggravated assault and battery. Barnes is accused of running down five people Tuesday at a McDonald's parking lot. Witnesses say he had a smile on his face. Barnes is being held without bail until a mental evaluation is complete.

She was a victim and then she took control.

(BEGIN VIDEO CLIP)

LT. LAURENCE RYAN, SAN JOSE POLICE: For her to come forward and provide us with all the information, it was something I've never seen before and probably will never see again.

(END VIDEO CLIP)

KAGAN: What amazing, she was only nine years old. Now she goes back to the scene of her rescue and we go along with her.

They're married, for better or worse, over war. The American and British leaders discuss their Iraq strategy. A live report from the White House on LIVE TODAY.

And gone fishing. Divers go deep to restock the New Orleans' aquarium. It's full and it's ready to reopen. We're going to go there. You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

KAGAN: Not the kind of Thursday morning commute folks in the northeast corridor planned on. Certainly not if they were on a train. A major power outage is stranding thousands of rush hour commuters between New York and Washington, D.C., stopping at least five trains inside tunnels, forcing a lot of passengers to just get off and walk to the nearest station. Amtrak doing what it can to move the trains and restore power along the route. We are staying on that story. Stay with us for the latest on that transportation challenge.

Also challenging today for the Ohio River Valley. Some nasty weather out there. Chad Myers is watching that for us.

Chad.

(WEATHER REPORT)

KAGAN: Still ahead, an incredible story of a girl who somehow kept her wits about her even though she was being held captive and feared for her life. A nine-year-old girl had the courage and presence of mine to survive and bring a predator to justice. CNN's Kareen Wynter has her story. Her report from "Paula Zahn Now."

(BEGIN VIDEOTAPE)

KAREEN WYNTER, CNN CORRESPONDENT, (voice over): The last time 12-year-old Jeannette Tamayo walked up to this northern California liquor store was nearly three years ago at the end of an ordeal that no child should ever have to suffer.

JEANNETTE TAMAYO, SURVIVOR: I remember being dropped off, just crying.

WYNTER: It's painful, but Jeannette needed to come back.

TAMAYO: I'm sorry. I feel like throwing up.

WYNTER: Her story began in this San Jose house on a quiet summer afternoon in 2003. She was alone. A neighbor's grainy surveillance video captured Jeannette coming home from school. Moments later, the same video shows a stranger approaching the house. He forced his way in and raped Jeannette. The video also shows the attacker about to drive off with Jeannette when her mother and older brother, Pablo, came home. That's when he attacked them.

TAMAYO: I saw him beating my brother and then I heard my brother yelling, please don't kill me. And I said, please, leave my brother alone. It's me that you want.

WYNTER: The stranger used a frying pan to beat Jeannette's mother.

TAMAYO: And he got into the car and I saw blood on his face and I said, did you kill my mom? And he started to laugh. And then the man grabbed a screwdriver and started stabbing me on my forehead and on my neck and on my chest. And then that's when I slid down and I said to myself, there's no way I'm going to get out of here alive.

WYNTER: With Jeannette in his car, the attacker fled. He took her to a home that turned out to be just a few blocks away.

TAMAYO: And he grabs me. He takes me upstairs to a room where you have to have a key in order to get in and out of.

911 OPERATOR: San Jose Emergency. What are you reporting?

NEIGHBOR: Can you please send cops over here cause something happened to my neighbor's daughter.

WYNTER: Over the next two days, her abductor sometimes let Jeannette watch television. That's how she found out there was an intense police search underway. She saw her own missing poster on the news.

TAMAYO: When I saw my brother and my mom, I said they're OK, I can make it out of here.

WYNTER: The fourth grader's survival instincts kicked in. Jeannette found a way to slip in and out of her handcuffs.

TAMAYO: I started getting his trust and we started talking and when I started asking for things, he would go downstairs. And when he was downstairs, I would grab evidence. And then when I would hear him come back up the stairs, I would put the handcuffs back on me and lay back in bed.

WYNTER: Jeannette hid evidence, like the man's watch and play dough she'd been given to play with, in various places around the house, including this pizza box. She made marks on the wall to prove she was there. Jeannette says her abductor tried suffocating her several times with a pillow, but she convinced him to stop.

TAMAYO: They feed on fear. So it's just a matter of staying calm and communicating with him.

WYNTER: And eventually on the third day she talked him into letter her go.

TAMAYO: And he dropped me off at a liquor store and he said to me, if you tell anyone this, he grabbed my by my hair and he's like, if you tell anyone about this, I will come back for you.

WYNTER: As incredible as it seems, as that crucial moment, Jeannette remembered the need for evidence.

TAMAYO: I asked him for money and that's how I got his fingerprints. LT. LAURENCE RYAN, SAN JOSE POLICE: For her to come forward and provide us with all the information, it was something I've never seen before and probably will never see again.

WYNTER: It wasn't enough for Jeannette to simply describe the horror of what happened. She wanted to lead police back to the scene of the crime and her attacker who was still there hiding in the attic.

RYAN: And as we got close to the residence where she was held, she started getting more visibly upset and more excited.

WYNTER: Her abductor turned out to be 23-year-old David Cruz (ph), an illegal immigrant. He was convicted of kidnapping and sexual assault and sentenced to life in prison.

TAMAYO: I remembered everything. I wanted to get that man in jail for what he had done. So I stopped being nervous and helped them find him. I didn't want him out so he can hurt other children.

WYNTER: In court, prosecutors used some of the evidence Jeannette collected during her captivity. Jeannette Tamayo is a seventh grader now and says she wants to be a detective.

TAMAYO: This happened for a reason. I'm pretty much moving on, but I'm going to take care of many children that need my help.

WYNTER: For three years Jeannette has wanted to thank the people who helped her find her way home. A homeless man, Larry, who stood guard by the door where she was left by her attacker.

TAMAYO: I want to say thank you.

LARRY: You're welcome. And thank you. (INAUDIBLE). I'd do it again for you, OK.

WYNTER: And the store clerk, Esa (ph), who comforted her and called the police for help. This reunion is a reminder of those horrible three days, but it's helping Jeannette start to think about a future that's full of possibilities.

Kareen Wynter, CNN, San Jose, California.

(END VIDEOTAPE)

KAGAN: And you'll find more stories of courage on "Paula Zahn Now," you can watch weeknights at 8:00 Eastern, 5:00 Pacific.

Well, we've been following the story out of the northeast corridor. A power outage along the rail line stranding a number of commuters, in fact thousands of commuters, between New York and Washington, D.C. We have with us one of those commuters on the phone. Richard Herskovitz (ph) going on the Amtrak train south of Newark.

Richard, good morning.

RICHARD HERSKOVITZ, COMMUTER: Good morning.

KAGAN: A little bit of a frustrating one, I would imagine.

HERSKOVITZ: A little frustrating, yes, but I think for everybody.

KAGAN: Tell me about your commute.

HERSKOVITZ: Well, we started in Philadelphia on the 738 and we stopped about 8:15 it turns out south of Trenton by about a third of a mile.

KAGAN: And when the train came to a stop, what did you think?

HERSKOVITZ: Well, we thought maybe it's a short thing, maybe it's a long thing. But then it turned out in about 10 minutes they told us that it's going to be -- it's a larger issue. And then we found out about every 10 minutes that the -- everything was stopped. And I actually called CNN and asked what they knew.

KAGAN: Here to serve.

HERSKOVITZ: Yes. We found the same thing. We found out all the same things. We just were -- we just detrained by ladder and have walked about a 15-minute walk up to the station. And now we're at the station. There are no buses, there are no trains, there's just sort of nowhere to go and there's no sort of direction as yet. The police are very nice, everybody's very nice, but I guess we have to try and rent a car or get somebody to pick us up and that's where we are right now.

KAGAN: Because the way you figure it, what, you're about halfway between home and work or a little closer to work?

HERSKOVITZ: Well, yes, was trying to be at work in New York City. But my problem is, are we ever going to get out of New York City tonight if we go in.

KAGAN: Well, that's true.

HERSKOVITZ: And so that's our problem. That's our dilemma. So I think we're going to probably head south instead of going north at this point. And if we can get a car or a cab or get somebody to pick us up.

KAGAN: Have people remained pretty calm?

HERSKOVITZ: Everybody's been in very good spirits. Nobody's been screaming, yelling, crying. Nobody got hurt that we could see. And everybody's been helpful with older people and people with kids. The staff was very good. It's just nothing's working, that's all.

KAGAN: Except the human spirit. That appears to be working.

HERSKOVITZ: Exactly. Exactly. No, it seems to be pretty good. And thank goodness everybody has cell phones and computers that connect and everybody's sort of been working and doing their job.

KAGAN: Speaking of which, did you call work?

HERSKOVITZ: Oh, yes. Oh, yes.

KAGAN: And all they have to do is turn on CNN, they know you're not giving them some excuse about the train that just stopped.

HERSKOVITZ: That's right. I even picked up a railroad -- one of those big nails that hold the track down to prove I was on the tracks.

KAGAN: So you have physical evidence.

HERSKOVITZ: I have physical evidence, yes.

KAGAN: OK. Well, keep the good humor and the good spirit going. And whether you decide to try to make it into work or back home, good luck with that.

HERSKOVITZ: Thank you very much.

KAGAN: Richard Herskovitz, one of the commuters who got stuck onboard one of the many trains that the victim of a power outage this morning between New York and Washington, D.C.

Gerri Willis made it into work.

GERRI WILLIS, CNN CORRESPONDENT: I did indeed, Daryn.

KAGAN: Yes.

WILLIS: Good to see you.

KAGAN: And you were talking a different type of travel.

WILLIS: That's right. We're talking about driving your car this holiday weekend. What do you need to know before you pull out of the driveway. That's coming up.

(COMMERCIAL BREAK)

KAGAN: Markets have been open almost an hour. A bit of a relief rally continues. The Dow is up 32 points. And the Nasdaq also in positive territory. It is up about 10 points.

Top down and pedal to the floor, it is road trip time. It's that time of year indeed. And before we head out, Gerri has a checklist for you. Could save you money or even your life. Here's Gerri Willis with that.

Hi, Ger.

WILLIS: That's right.

Pedal to the floor, Daryn? Pedal to the floor? I don't know about that. That's probably not a good idea. KAGAN: That might not be saving your life. No, maybe that's tip number one a, no pedal to the floor.

WILLIS: No pedal to the floor.

OK, tip number one is though, make sure that you inflate your tires properly. Because if you don't, it leads to blowouts. And that caused 660 deaths according to the National Highway Traffic Safety Administration. And guess what, it's likely that right now your tires are under inflated because of the change in seasons. You want to find the correct pressure for your tires. It's on the label inside the driver's door frame or your owners manual. And make sure you test this when your tires are cold rather than after you've been driving for a while.

KAGAN: Such a bummer to go out to your car and find a dead battery, Gerri.

WILLIS: I'm telling you. Well, and then go out with no warning, you know. You need to change that battery every three to four years. And, really, summer is more brutal on batteries because heat can cause battery fluid to evaporate. Now if you don't know how old your battery is, it can't hurt to replace it. They're not that expensive. Remember, a car battery today is even more important than ever because of all the electrical components in your car.

KAGAN: You're trying to fit all the kids and all the stuff and the dog in the car, so sometimes people put the stuff on top of the roof. Is that a good or a bad idea?

WILLIS: I've got to tell you, you know, lighten up. Because, at the end of the day, you're going to cost yourself a ton of money in gas and it's just not that safe. So keep your luggage off the roof. It's safer. You'll get better gas mileage. Cars are aerodynamic. They're meant to move without resistance. And if you screw that up, then your gas mileage will be terrible.

KAGAN: What about keeping your cool and keeping your cars cool?

WILLIS: You want to make sure you have enough coolant before you leave. You can buy premixed coolant at your local auto parts store. Remember, especially during the summer months, your car is in danger of overheating if you're hauling a heavy load or you're idling in traffic and that's going to happen this weekend, let me tell you.

KAGAN: And what about roadside assistance?

WILLIS: Well, you want it. Roadside assistance is great to have. Check your policy, your insurance policy. They're general included with the manufacturer's warranty. To see what's covered, you can go to your manufacturer's website. And if you're in need for help, you may be able to negotiate extras, like transportation home which is critical if you have a problem on the road.

Don't forget, we want to hear from you. Send us your questions at 5tips@cnn.com and we will answer them right on the show. KAGAN: Very good.

Now it might be the holiday weekend, but you still have your "Open House" show.

WILLIS: Yes, we're still working at 9:30 a.m. Saturday on CNN. We've got some great topics for the weekend. Weekend projects for the whole show. Getting rid of mold. This is a big problem. Very dangerous for people. Backup power. Should you buy a generator and how do you have a safe generator? Container gardening. One of my favorite topics. And that's 9:30 Eastern, Saturday morning, CNN "Open House," join us then.

KAGAN: Amtrak could have used a little backup power this morning.

WILLIS: Yeah, baby. I don't know if there's a big enough generator for that.

KAGAN: Gerri, thank you.

WILLIS: You're welcome.

KAGAN: Actually, well speaking of the Amtrak situation, our Allen Chernoff, I think, is still at Penn Station. Yes, that's where he is, following the story.

Oh, there are you, Allen. Before we just had you on the phone, now we get to see your shining face. Good morning.

CHERNOFF: Good morning again, Daryn.

Penn Station behind me, actually very quiet. A lot of people waiting for trains, but nothing coming in and out of Penn Station for Amtrak and also for New Jersey transit trains. The reason, the power out all the way from Washington up to New York. And according to customer service here, there are absolutely no trains running between Boston all the way down to Washington because of this power outage.

Amtrak still has not figured out what the cause of it. One of the customer service folks told me we need to know the beginning, and we simply can't fix anything until we know what the beginning is.

So, for now, lots of trains sitting still. I am told, however, that trains that had been stopped in tunnels between Manhattan and New Jersey have been pulled out by diesel trains. Remember, most of the Amtrak trains operate on electricity, and that's why those trains are sitting still right now.

What's happening to people who want to have other means of transportation, of course, they have to walk up about 10 blocks to the Port Authority bus terminal and they can catch buses in and out of New York City there. Also Long Island railroad trains are still operating if anybody here does need to get to Long Island. But between Boston and Washington, if you want to take the train, you're out of luck. And what customer service is doing, they're handing out these little pamphlets that basically say a power outage occurred between Washington and New York, and you can use these papers to get a refund or to get an exchange of your ticket -- Daryn.

KAGAN: Yes, you just can't use it to get home or to work, which is what people really want right now.

CHERNOFF: Precisley.

KAGAN: All right, Allen, thank you. We'll check back with you.

Tanks are full and spirits are high. It is a grand reopening for the New Orleans Aquarium. We will tell you what it took. We're getting a -- oh, come on. How could you not stay tuned for that picture? Look at the penguins. They're so happy to be home.

There's also the serious side of Katrina to talk about. Nine months later, and the wounds have not healed.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: That's the thing that upsets you, that they didn't care. They -- in a week, these people will be able to talk to their mothers again.

(END VIDEO CLIP)

KAGAN: A New Orleans hospital accused in patients' deaths. That story is ahead. You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

KAGAN: Some encouraging news from Amtrak. We've been watching and following a power outage all up and down the northeast corridor today. And a number of trains and thousands of commuters have been stuck between New York and Washington, D.C. Well, now we're hearing from Amtrak that very shortly, they expect all power to be restored to those lines, and hopefully, within time, get some service back going as people try to get either to work or later today to get back home.

Broken trust and lives lost in New Orleans. Families say that a hospital did not have a plan for Hurricane Katrina, and didn't care.

CNN's Drew Griffin has the story from "A.C. 360."

(BEGIN VIDEOTAPE)

DREW GRIFFIN, CNN CORRESPONDENT (voice-over): For Elvira LeBlanc, hurricanes were nothing new.

MARK LEBLANC, SON OF ELVIRA LEBLANC: Oh, yes. We went through Betsy and all of them, really.

GRIFFIN: She rode out Katrina at one of the city's largest hospitals, Memorial Medical Center, owned by Tenet Health System. SANDY LEBLANC, DAUGHTER-IN-LAW OF ELVIRA LEBLANC: She felt safe in the building she was in. She was on the seventh floor.

GRIFFIN (on camera): And you felt safe leaving her there?

S. LEBLANC: Yes, we felt very comfortable. They told us they had plans. They said they had supplies, they had extra staff, they had a generator. We asked them if we needed to be concerned about trying to evacuate her. They said we did not need to evacuate from the hospital. There was no need. That she would be fine, that she would be OK.

GRIFFIN (voice-over): That was Sunday before the storm. Mark LeBlanc (ph) kissed his mom good-bye. They had hired a certified nursing assistant, or CNA, with a cell phone to sit with her, 24/7. The next day, soon after Katrina struck, that assistant sounded nervous.

S. LEBLANC: She had fright in her voice. And I asked her, well, what are they telling you all? Are they saying they're going to evacuate you all or what? She said, they're not telling us anything. Then she said, but I can see out the window. I said, well what do you see when you look out the window? And she said, I can see the water coming up around -- you know, I can see water on the ground around the hospital.

GRIFFIN: Three days after Mark and his wife, Sandy, left his mom, the LeBlancs borrowed a boat to get back to that hospital.

(On camera): What did you find?

M. LEBLANC: Her laying in sweat and muck and yuck and everybody on the seventh floor, chaotic because they didn't know what was going.

S. LEBLANC: She was dehydrated. Her skin was very clammy. She was very, very pale. She had no I.V. fluids going. She had been without any air conditioning for two days.

M. LEBLANC: Since Monday morning.

GRIFFIN (voice-over): He was appalled and got his mother out.

M. LEBLANC: So we carried out through all the patients with the doctors yelling at us. We grabbed her file that they said we couldn't take. We stuck it under her, walked out.

There's a window broken, you'll see in that picture. We just shoved her out the window, onto the air boat and said we're going.

GRIFFIN: With a promise they'd return to help the rest, they put his mom in an ambulance to Baton Rouge. And the next day, Mark and his wife, Sandy, went back and found CNAs going the other way.

S. LEBLANC: And I told him, I said when we come back tomorrow, these people won't be here. They'll be dead. And when we got back Thursday, the CNAs came out. They were from the life care. And we saw them. And I said, what happened to the patients? And they said, they all died. And they all died.

GRIFFIN: Four days after leaving Memorial, Elvira LeBlanc died. Her son says she never recovered from days with no fluids.

(On camera): You're telling me your mom basically died because some hospital didn't have enough fluid on hand?

M. LEBLANC: That's exactly right, and didn't have any plan, didn't even care about not having -- that's the thing that upsets you, that they didn't care. They, in a week, these people would be able to talk to -- excuse me. I'm sorry.

GRIFFIN (voice-over): Chris Bruno is an attorney representing seven families, including the LeBlancs, who have filed suit, claiming the hospital failed his clients when it failed to follow its own hurricane plan.

Are you telling me that this major corporation, this huge health care provider in the United States had all these plans that should have been implemented if a hurricane struck and catastrophe happened here in New Orleans, and that in the end, that just turned out to be a piece of paper? Nobody in that hospital knew what they were doing?

CHRIS BRUNO, ATTORNEY: That's exactly what we're saying. There's a flood evacuation policy in place for things to do. And yet they did nothing. It was pandemonium. And I think it was from corporate level that this occurred. It wasn't from the doctors. The doctors were there trying to save lives. It was this corporation who failed these patients, these staff people, and the family members who remained at that facility.

GRIFFIN: New Orleans Attorney Kurt Blakenship is defending the hospital. He says the hospital did nothing wrong, that there was a plan, and that the evidence will show the hospital did follow its plan under extraordinary circumstances. That is, until the levees failed.

KURT BLAKENSHIP, MEMORIAL HOSPITAL ATTORNEY: The plan contemplates that access to the hospital will be possible. That is, even if floodwaters came in, floodwaters would go down, ambulances could get in and out. And transportation would be available to get patients out.

GRIFFIN: Blakenship says even in the wake of the disaster, Memorial's doctors, nurses and staff risked everything to save their patients.

BLAKENSHIP: There was a concerted effort to top off fuel tanks, top off the water tanks, make sure that the adequate supplies of food and medicine were on hand. And I think the evidence is going to show that all of that was in place. Once the hurricane hit, though, we were faced with what turned out to be just an unprecedented disaster.

GRIFFIN: The LeBlancs say they just don't buy that. After all, they made it through the flood. Back to the hospital to rescue Mark's mother.

S. LEBLANC: And the thing is, Tenet was her hospital. She had been going there since Mark was born -- 40-some odd years. She trusted the hospital. She felt comfortable with us leaving her there. We trusted them. That corporation owed it to their people, to their staff, to the patients to be there.

(END VIDEOTAPE)

KAGAN: And Drew Griffin joins me now to talk now more about this story. So has the hospital changed any kind of evacuation plan?

GRIFFIN: All the hospitals really changed after Katrina, and we saw that in Rita. The nursing homes all evacuated in wake of Rita and the hospitals did.

There are ongoing discussions in the state of Louisiana about how to handle this in a more governmental, regulated fashion.

But again, the hospital says, look, we followed our plan up until the point that those levees failed, and we had no control over that and should not be held accountable.

KAGAN: Meanwhile this hospital, Memorial, isn't this the one where they're having an investigation about the alleged euthanasia taking place? What's up with that criminal investigation?

GRIFFIN: That investigation is ongoing and becoming even more intense. We're told possibly three people are the focus of that investigation, and it may even go beyond that, according to our sources. But this is the allegation that doctors and nurses in Memorial Hospital killed patients in order to hasten the evacuation, and that investigation is ongoing by the attorney general.

KAGAN: And you've been following it since day one. Drew Griffin. Drew, thank you.

Anderson Cooper keeping an eye on New Orleans as a new storm season nears. Join "AC 360" weeknights at 10:00 Eastern.

On a much lighter note and a happier note out of New Orleans, look at these residents happy to get back to their original swimming place. The penguins, the fish, they're back, and the New Orleans Aquarium is about to reopen. We're getting a sneak peek just ahead.

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KAGAN: And we are going under the sea. It's a fish story with a happy ending. Nine months after Katrina, the New Orleans Aquarium opens tomorrow. It took a lot of hands from all around the country to get a lot of work done. Ron Forman is in New Orleans to tell us about it. He is the president and CEO of the Audobon Nature Institute which runs the aquarium.

Good morning.

RON FORMAN, PRES., AUDOBON NATURE INST.: Good morning. It's great to talk to you this morning.

KAGAN: I bet it is, a happy occasion.

Let's talk the good news first. The animals that have been hanging out elsewhere and the big help you got from aquariums and zoos all around the country that have now been able to come home.

FORMAN: We were here hit with the worst natural disaster. We lost about 4,000 fish. We had to close down for nine months. We took her staff from 800 to 150. But we're coming back, the city of New Orleans is coming back.

And what we've had is tremendous cooperation from all over the country, zoos and aquariums. It first began two days after the hurricane collecting money to save the Audobon animals. Then they rescued animals out of here and brought them to the Monterey Aquarium, the Houston Zoo, to save the animals so they could survive. Nine month later they're coming back. FedEx brought in our penguins, our sea otters. Others zoos and aquariums and sending animals. The entire country is working with New Orleans to help us come back. It's for our economic development, to bring tourists to town, to bring jobs to town. It's also to bring our families home. Our families need something to celebrate.

KAGAN: In the end, how many fish do you think you lost?

FORMAN: We lost about 4,000 fish. What happened, a hurricane hits. We were in pretty good shape after the hurricane, but then we could see the levees break, and the water started flowing toward the aquarium. We lost our power. We went on generator power for about three or four days, but after a long enough period of time, we lost power. The life support system starting to go down, and we lost about 4,000 of our fish. A couple thousand survived, and again, we rescued animals out of here.

It was a devastating time for our city, not only for its people, but for its animals, its museums, its cultural institutions.

But I want to get on the good side. We're opening. The city of New Orleans is coming back. We see the French Quarter looking beautiful today. Restaurants are opening up each and every day. The number one, two and three family attractions, the aquarium, the zoo, the IMAX theater will be opening beginning this weekend.

KAGAN: Ron, let me ask you this. I'm interested how were you able to restock all of those fish? Where'd the new fish come from?

FORMAN: It came -- all zoos and aquariums said, what can we do to help? They felt the pain of New Orleans. They sent animals to us. They sent staff to us. They sent money to us. They wanted to be part of the recovery, and then we sent our divers out to the Caribbean to collect animals, and we just worked with the Shed (ph) Aquarium, the New England Aquarium, the Atlanta Aquarium. I want to be careful naming aquariums, because everyone said we want to help New Orleans come back, and they did. We're opening up this weekend. It's an exciting time for our community. KAGAN: Are enough folks coming to New Orleans for tourism to support your aquarium?

FORMAN: It's coming back. We opened the zoo on Thanksgiving weekend thinking nobody was in town, and about 65,000 people came. And you know, the interesting thing when they came, they didn't come to see the animals; they came and hugged each other. There were a lot of tears, crying, and families coming together again. People are hurting. They're trying to fix their homes. They're trying to come back. They need that relief. We believe that we'll have about...

KAGAN: Real quickly -- I'm sorry, because our time is short. Real quickly, lessons learned, what have you done differently this time so that if a major hurricane hits again, you won't have as much damage, especially to all the fish?

FORMAN: Well, we know originally we thought we'd be out of power for three or four days; we have to count on being out of power for three or four months. We're having the Coast Guard move into the aquarium, as they station for the Coast Guard. We can put backup generators to the backup generator to make sure we have two or three life-support systems. We're going to put extra fuel in fuel tanks. We're going to have extra staff staying in town. And then we're going to ask zoos and aquariums across the country, as we start recovering, come right away and work with us, give our support to the (INAUDIBLE) our staff. The entire city is going to do things differently.

But you know what, it wasn't the hurricane; it was the loss of those levees that flooded our city for days and days, and days, and we know that can happen again, and we have to be better prepared.

KAGAN: Absolutely. We wish you well, and all of the fish and critters as well.

FORMAN: And we want everyone to come to New Orleans. And the way you can help is come visit and have a good time in our city.

KAGAN: The invitation has been issued right here on CNN.

Thank you, Ron.

FORMAN: Thank you. Great talking to you.

KAGAN: And the winner is: Taylor Hicks. he's the newest American Idol. We'll have all of the details, plus lots of idol talk with Headline's entertainment reporter Adrianna Costa coming up on LIVE TODAY.

And America's newest "Idol" and "Idol" runner-up take your calls on CNN. Tomorrow night at 9:00 p.m., they are Larry's guest -- guests, actually. Guest host Ryan Seacrest.

(COMMERCIAL BREAK)

KAGAN: United in war. They are paying a heavy political price for taking their stand. President Bush's chief ally, British Prime Minister Tony Blair, heads to Washington today. So what to expect?

Let's check in with our man at the White House, Ed Henry. Hi, Ed.

ED HENRY, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn.

That's right, you know, these two leaders were riding high together at the beginning of the war, but now they're struggling together, battered by these allegations that they somehow fixed the intelligence to bolster the case for war. So what we can expect tonight is they will try to use some of the recent good news coming out of Iraq in order to try to rebuild their credibility and their popularity as well.

KAGAN: And so what will you be actually listening for at this news conference?

HENRY: For one thing, there has been a lot of talk in Iraq. The new prime minister basically saying that he thinks that by the end of 2007, he thinks his own army can take over the security in the country. But Tony Snow just a few minutes ago telling reporters once again, do not expect some major announcement of U.S. and British troop cuts coming out of all ths.

Instead, what we can expect is just Prime Minister Blair and President Bush talking about trying to find a way over time for U.S. and British troops to be taking more of a support role. But in the words of Tony Snow, don't expect tomorrow for people to be kissing each other in Times Square, is the way he put it. The troops are not coming home, Daryn.

KAGAN: All right. Well, not right now, anyway. Eventually, hopefully. Ed Henry, at the White House. Thank you.

Well,special live coverage of the Bush/Blair news conference. Wolf Blitzer will be in "THE SITUATION ROOM" at 7:00 Eastern. The leaders meet reporters at 7:30 p.m. Eastern. Complete coverage right here on CNN.

(END VIDEOTAPE)

KAGAN: Congressional offices. Are they a no search zone? The FBI controversial Capitol Hill raid. New developments to tell you about today. Stay with CNN, the most trusted name in news.

Bird flu fears. A family tragedy in Indonesia causes concern for scientists worldwide. That story in the next hour of LIVE TODAY.

(COMMERCIAL BREAK)

KAGAN: A high-stakes political gamble. The Palestinian president, Mahmoud Abbas, is the man making it today. He has given the Hamas-led government ten days to accept a plan that recognizes Israel. The plan calls for a Palestinian state comprised of areas captured by Israel in the 1967 war. That includes the West Bank, Gaza, and East Jerusalem. Abbas is vowing to call for a national referendum on the issue if Hamas does not agree to the plan. Several Hamas leaders say they like the referendum idea.

And these are scenes from East Timor, near Indonesia. Gun battles, new fighting between the military and rebels, has left six people dead and the nation on edge. A hundred and 30 Australian commandos arrived there today. They're the first international troops on the ground. More help is on the way. New Zealand, Portugal and Malaysia say they are sending in forces, and the United Nations says that it's setting up a refugee camp for people forced to flee the fighting. The U.S. is among several governments evacuating some of their embassy workers.

Lots to get to this hour and thank you for joining us in the second hour of CNN LIVE TODAY. I'm Daryn Kagan.

We are looking at a number of pictures at once. Thad Allen is being sworn in as the new commandant of the U.S. Coast Guard. And, of course, it's the day after a new "American Idol" captured the 2006 title. We're going to have all of that and more right here on LIVE TODAY. CNN is the most trusted name in news.

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