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Families Celebrate Boys' Return; Ice Storm Causing Severe Problems Across Oklahoma; 2,000 Children Reported Missing Every Day in U.S.; North Carolina State Attorney General's Office Holding Press Conference About Duke Case

Aired January 13, 2007 - 14:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: "Now in the News," never give up hope. That's the word from the parents of a 15-year-old Missouri boy who disappeared more than four years ago. Police found Shawn Hornbeck and another missing boy yesterday at a suburban St. Louis apartment. Both are in good health. A suspect is in custody charged with kidnapping.
A deadly ice storm grips the nation's midsection. The Associated Press reports at least six deaths in traffic accidents on icy roads in Oklahoma and Missouri. Thousands of people are without power.

In the Middle East, Condoleezza Rice is urging Israel and the Palestinians to seek a political solution to their conflict. Before meetings with officials on both sides, Rice told reporters that the Bush administration will not "pull the plug" on the Iraq war.

Meantime, in Iraq, Prime Minister Nuri al-Maliki finally speaks out in favor of President Bush's new Iraq policy. In a belated reaction to Wednesday's speech, the prime minister says the plan represents a "common vision and mutual understanding" between the two governments.

Two relieved families celebrate the release of their kidnapped sons. What might be some of the legal ramifications surrounding these cases? Our legal experts weigh in on the challenges authorities may face.

Also, we'll get the latest from our severe weather center on how long this weekend's stormy winter weather will last.

And another new development in the case against several Duke lacrosse players. The North Carolina Attorney General's Office is scheduled to hold a press conference this hour. We'll take you there.

You're in the NEWSROOM, where the news unfolds live this Saturday, the 13th day of January.

I'm Fredricka Whitfield.

We begin with an amazing story unfolding all day here in the NEWSROOM.

Against the odds, two missing Missouri boys are found alive, and their families are now talking. Forty-one-year-old Michael Devlin is behind bars charged with kidnapping. Investigators combed through his apartment last night in suburban St. Louis. They say Devlin could face more charges. He will be arraigned next week.

Shawn Hornbeck was just 11 when he disappeared more than four years ago. Euphoria and relief both evident at the news conferences held by his family, and also by the family of 13-year-old Ben Ownby, this boy, who vanished on Monday. Both boys were found at the suspect's apartment.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Our focus is just, now that we got our son back, we're going to think about him.

QUESTION: What are Amanda's thoughts, his sister?

UNIDENTIFIED FEMALE: I'm just really glad to have Ben back.

QUESTION: How grateful are you Mitchell?

UNIDENTIFIED FEMALE: Oh, man. What a great kid. We haven't had a chance to talk to him or anything yet. So, yes, he's owed a great big hug from all of us.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

PAM AKERS, SHAWN HORNBECK'S MOTHER: I also, too, just want to thank everybody for everything that you have done. I do want to give the other family members out there hope that their child can come home also.

Shawn is miracle here. We're glad to have him home. I still feel like I'm in a dream, only this time it's a good dream.

It's not my nightmare that I've lived for four-and-a-half years. We've got a lot of catching up to do. He's grown up on me, that's for sure.

(END VIDEO CLIP)

WHITFIELD: Our Jonathan Freed is on the phone with us from Union, Missouri.

And so, Jonathan, it would seem a lot of credit is begin given not just to good police work, but a lot of community involvement as well.

JONATHAN FREED, CNN CORRESPONDENT: Absolutely, Fredricka. And the Franklin County Sheriff's Department is known for leaning very heavily on the public's support is trying to get the word out as soon as they can and as often as they can. They will go out there, and we know this from last fall, when we were down here dealing with Sheriff Gary Toelke and his deputies about the case of missing Baby Abby, who was recovered in a couple of days. They strongly believe, as so many police departments do, that the public's help, in particular in the early days of an investigation, is really key.

WHITFIELD: And in this case, you know, there was a lot of community involvement over the four-year span that Shawn Hornbeck was missing, meaning there were photographs that were dispensed, there were vigils held, et cetera. And then when Ben Ownby went missing, again the community stepped up, and it was a vigilant observer who noticed this vehicle that police had given details about, a vehicle that may be associated with Ben Ownby's disappearance.

FREED: That's right. And I know from having worked with the sheriff and this department before that he is somebody that has been in the department for -- he's extremely well respected by his own deputies. And when we were chatting with him last time, they were talking about how they really want to go all out for him.

And I know that they have a very good relationship with the FBI office here. They have been dealing with the Missing Children's Network. This is very much a replay of the type of ground assault that they made last fall with the case of Baby Abby.

Now, we have a statement from Bob Chapel (ph), which is a funeral home where the suspect, Devlin, read at one point. I can read it to you.

And it says here, "Mr. Devlin worked at Bob Chapel for less than a year. His job title was Overnight Telephone Attendant, and he worked Sunday and Tuesday nights from 10:00 p.m. until 7:00 p.m., and he was very prompt, well-mannered, and efficient in receiving calls. Bob Chapel joins everyone in their relief and joy in the safe return of Shawn and Ben."

And again, that comes from Bob Chapel.

WHITFIELD: Jonathan Freed, thanks so much, from Union, Missouri.

Of course, we'll be learning over the next few days a little bit more about the suspect and, of course, more about the ordeal these kids have been through.

Also straight ahead in the NEWSROOM, the father of kidnapped murder victim Polly Klaas. He's joining us live. There you see him there from San Francisco to talk about what the parents of the two Missouri boys may have been going through and what you can do to perhaps protect your children.

Meantime, weather a big problem across the country. A big winter storm paralyzing a big part of the nation's midsection this weekend.

Icy conditions stretch from North Texas to Illinois. Thousands of people shivering in the dark today. At least six deaths, too, are being blamed on the storm.

Icy roads causing some pretty severe problems across Oklahoma. The first wave of the winter storm pushed across the state yesterday. The storm also stranded passengers at airports and even bus stations, and before the weekend is over things could get even worse.

Reggi Aqui is keeping track of all that's happening there out of Oklahoma City -- Reggi.

REGGI AQUI, CNN CORRESPONDENT: Hi, Fredricka.

And "wave" is the right term to use in this, because it's coming in waves. It will be a lot of precipitation, then a long break, and then back to the precipitation again.

When you look at this, it sort of looks like probably on TV that this is a nice little snowstorm, you can build a snowman out of it, but it's not. Come down here with me.

It's solid ice. I can't pick up any of it. So you just slide any time you walk on it, and cars are especially treacherous out there, if they are daring to go on the highways.

Take a look. We saw a lot of accidents along the roadways. We're particularly talking about some of the major thoroughfares that go between, let's say, Dallas and Oklahoma City, or Oklahoma City and St. Louis. That's where you're seeing some of these accidents.

And as Fredricka mentioned, published reports say that there are at least six deaths so far because of this storm, because of the accidents that we're seeing. And it's not just on the roadways that people are being inconvenienced. We're talking about a major problem in the air.

That's because we're seeing airports not just in Oklahoma City and in Tulsa, but also DFW, Dallas-Fort Worth airport, they're seeing some big cancellations there. They usually have a thousand departures every day. Now they are seeing 300 of those, almost a third of them, canceled because of the weather.

And that's where American Airlines is based. Of course, one you have a problem at one of their hubs, then you have a problem systemwide.

So it's causing problems for people all over the country. This is a big storm. We're talking about people in Illinois, all the way down to Dallas, being affected by the weather.

Look up here though. This is what the good sign is so far.

You see? There's no ice forming on any of these branches, yet. As we talked about the waves before, well, there's going to be another wave of weather coming in tonight, and that's what has some of the folks around here worried.

So far, the most updated numbers here in Oklahoma, 40,000 people without power. That number has been steadily climbing all day long. They are hoping it doesn't go any higher than that. They already have 100,000-plus in the St. Louis area, Fredricka, who don't have any lights there.

WHITFIELD: Oh, boy, that's a bad situation.

Reggi Aqui, thank you so much.

Bonnie Schneider is in the weather center watching the conditions from there.

(WEATHER REPORT)

WHITFIELD: Straight ahead, we'll hear more form the families of two boys freed in Missouri.

GARY NURENBERG, CNN CORRESPONDENT: From that happy news, Fredricka, to a sobering statistic. Two thousand new reports of missing children in America every day.

Inside the National Center for Missing and Exploited Children when we come back.

(COMMERCIAL BREAK)

WHITFIELD: New developments in the case against three Duke lacrosse players. The district attorney has now asked to be removed from the case.

We expect a news conference this hour by the North Carolina Attorney General's Office. We'll carry that live right here from the NEWSROOM.

And now we're also learning more today about two missing Missouri boys found in an apartment outside St. Louis. One of them, Shawn Hornbeck, had been missing for more than four years. The other, Ben Ownby, disappeared Monday.

Their families are talking and offering hope to the families of other missing children.

(BEGIN VIDEO CLIP)

PAMELA AKERS, MOTHER: And I just really want to thank everybody, everybody that has been out there that helped search for Shawn, everybody that's been out there to help us search for other missing kids, everybody that has searched for other missing kids that were not even found. And most likely -- I want to give hat hope to the families, to the families that their kids can come home.

It may be years later, it may be days later, it may be weeks later, but they can come home safe. And just always keep that faith and hope.

Thank you.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We're just estactic. Don't want to let him go or out of our sight. He doesn't want us to hold on to him, but we have.

(END VIDEO CLIP)

WHITFIELD: The government says more than 2,000 children are reported missing every day in the U.S.

Gary Nurenberg joins us from the National Center for Missing and Exploited Children in Alexandria, Virginia -- Gary.

NURENBERG: Fredricka, we're in the call center for the National Missing Children's Hotline, 1-800-THE-LOST. It's just one way that the National Center for Missing and Exploited Children reaches out to the public to try to get folks involved in reuniting missing kids and their families.

It also uses a Web site, missingkids.com, where you can find images and the details surrounding the cases of missing children. When you take that Web site, missingkids.com, focus on the images there, which are then sent out in the mail, on milk cartons, to grocery stores, on your company bulletin board, the national center says that outreach effort with those images is responsible for one of every six kids that is recovered. And the national hotline helps, too.

(BEGIN VIDEOTAPE)

NURENBERG (voice over): The National Missing Children's Hotline, 1-800-THE-LOST, is staffed day and night and fields about 700 calls a day. It received 319 leads about Shawn Hornbeck since he was entered into the database when he disappeared nearly four-and-a-half years ago. It includes the details of his disappearance and age progression technology to show he has grown older and might look different at 15 than he did at 11.

UNIDENTIFIED FEMALE: Children change rapidly. If a child disappears at 5, and now they're 10, that growth period is huge. So it's very critical that, you know, we get somewhat of a vision of what they might look like.

NURENBERG: Ben Ownby, missing only since Monday, was part of the database, too. The call center received 20 tips about him. His poster provided information about a white pickup truck seen in the area when Ben disappeared.

UNIDENTIFIED FEMALE: And basically it says that -- "Nissan" was written on the upper right-hand side of the tailgate. It was very damaged. It was very rusted. It also had a trailer on the back.

So this pickup truck was not your basic, you know, clean-cut white pickup truck. So that type of information is critical when you're trying to find a missing child.

NURENBERG: That information was critical in Ben's case and was provided by a fellow student on Ben's school bus.

UNIDENTIFIED MALE: That boy is a hero, and our message is that every day, average people doing average things are accomplishing great things in saving lives just by paying attention.

(END VIDEOTAPE)

NURENBERG: They would like you to pay attention by going to missingkids.com, and really feel the public plays a big role in leading to the happy ending like the one, Fredricka, we saw in Missouri.

WHITFIELD: And we saw that in this case. Certainly very evident.

Gary Nurenberg, thanks so much.

Well, my next guest also knows too well the anguish a parent, a family endures when something terrible happens to their child. Twelve-year-old Polly Klaas was kidnapped and brutally murdered back in 1983. Ever since, her father, Marc Klaas, has been an active advocate of increasing education and awareness to help protect our young people.

He joins us live from San Francisco.

Good to see you.

MARC KLAAS, KLAASKIDS: Hi.

WHITFIELD: So, a happy ending like this for these two families. Does this increase your hope or perhaps the hope of many families out there whose children are missing? Do they recover?

KLAAS: Oh, there's no question about it, Fredricka. First of all, I think that the national center has given themselves far too much credit for what's going on here, because...

WHITFIELD: What do you mean?

KLAAS: Well, you know, this is all about partnerships between law enforcement and media and the public, and these are -- these are protocols that have been evolving for years and years and years now. We have a much greater understanding of the issue than we ever did before.

The technology has advanced tremendously. Law enforcement understands the integral components here and how working together we can really start making a change. And as a result of that and as a result of legislation that has been passed over the course of the last 12 or 13 years, we're seeing more and more of these children recovered much more quickly than they ever have in the past. And, you k now, that's a testament to people like Craig Akers and to people like me and to people like Ed Smart and to the families and to the law enforcement and to the legislators. And we're all a part of this -- this evolution.

No one entity should ever give themselves too much credit for something that is a holistic -- a holistic solution like this.

WHITFIELD: And that's a great point, because we heard Mr. Akers say during the press conference that for a long time people expected their neighbors or other community members to kind of turn a blind eye. And this case really did involve community members who were paying attention and took that to the next level.

So do you feel like as a result of so many cases, or perhaps because of public education, that people are much more apt to say something when they see something out of the ordinary, get involved?

KLAAS: Yes. There's no question about that at all.

Mr. Akers was -- he was really very dead on everything he said. And I think something else he said that we should consider as well, that after a couple of weeks people forget and they turn their backs and things go back to status quo. But this really is an opportunity to learn some very, very important lessons that both of these cases point out.

WHITFIELD: So we're all learning lessons out of this one, too. And maybe, too, if you could advise a lot of parents, what is a lesson to be learned here, perhaps even about the dialogue that a parent now has with their child?

We're at another level now, you know, where a lot of kids are being informed, whether it be in their school or even at home, that there are predators out there. But now perhaps it's a time to have a dialogue about what to do once you are in the company of an abductor?

KLAAS: Absolutely, but we can't put the burden of the issue on the shoulders of the kids. And I think that's something that we failed to realize in the past.

You get a little boy like Ben -- I mean, look at this little guy. He's a cute, little, sweet little kid who knew that he shouldn't have gotten into the car with that predator, but something occurred and he did. And I think the same thing can be said for Shawn. He knew he shouldn't have done that, but something happened and he did, and he somehow was maintained for a number of years.

Here's what I would suggest. People should understand that, number one, they should never give up hope.

Number two, law enforcement should never turn their back on a lead, no matter how insignificant it is, because you don't know what little piece of information is going to change the world.

And number three -- listen, this is very important, I believe -- what we know is that 57.2 percent of children are abducted within a quarter mile of their home. A good 35 percent of them are abducted or have initial contact within 199 feet of their home.

WHITFIELD: Wow.

KLAAS: And huge numbers of children are taken either going to the school bus or returning from the school bus. Therefore, with that piece of knowledge, if we had an adult at every school bus stop when the school bus leaves and returns in the morning, we could completely eliminate children being kidnapped at school buses.

WHITFIELD: Fantastic advice.

KLAAS: That is the lesson.

WHITFIELD: That is -- great lessons, grace advice. Marc Klaas, of the Polly Klaas Foundation.

Thank you so much for your time.

KLAAS: KlaasKids.

Thank you.

WHITFIELD: Straight ahead in the NEWSROOM, more on the miracle in Missouri, it's being called. Two missing boys reunited with their families.

(BEGIN VIDEO CLIP)

CRAIG AKERS, STEPFATHER: This is just one of those rare, rare things. I mean, you know, to have one missing child found is just extraordinary. To have two found at the same time is just one of those things that I don't even know if you ever even read about things like that.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: Back now to our top story.

Two families have been reunited following the rescue of two teenaged boys from a suburban St. Louis apartment. One of the boys had been missing since Monday. The other had been missing since 2002. Police have charged 41-year-old Michael Devlin with first-degree kidnapping, and more charges are expected.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: As a result of the interview with Mr. Devlin, we went back to the apartment and located both children in the apartment. And one interesting point I wanted to make is, when our agents entered the apartment, young Ben, as he was sitting there, he looked up at one of our agents and said, "Are you going to take me home?" And the agent looked over at Shawn Hornbeck and asked Shawn to identify himself, to which Shawn said, "Yes, I am Shawn Hornbeck."

So after that it was quite euphoric, obviously, and we're very pleased at the outcome.

(END VIDEO CLIP)

WHITFIELD: Shawn Hornbeck's parents say they came out publicly today with their long-lost son to give hope to other parents of missing children.

One such parent, Jeff Skemp, he joins me on the phone now from Forest Park, Illinois. His daughter Rachel Mellon disappeared 11 years ago.

Mr. Skemp, do these reunions provide more hope for you in the ongoing search for your daughter?

JEFF SKEMP, DAUGHTER RACHEL MISSING: Oh, absolutely. I can't begin to express the joy that I feel for Craig and Pam Akers, and for Ben's family. It gives me a lot of hope. You know, it's been 11 years, but it's never ceases to remind me that miracles happens.

WHITFIELD: And because it has been 11 years, have there been moments in the course of that 11 years where you have thought, I'm not going to get this kind of outcome that I'm hoping for?

SKEMP: Oh, absolutely. I mean, it's been so long. You know, you go through a lot of periods of doubt. And we have a lot of bad days.

These are the good days when somebody is reunited. There's so many missing kids out there. And I've actually had the opportunity to meet Craig Akers, and he and his foundation have been up here searching for Rachel.

WHITFIELD: And so, banding together, your family, as well as families of children missing, just like you said of Mr. Akers, of Shawn Hornbeck, how helpful, how needed is that for families enduring the same sorts of obstacles to band together like this?

SKEMP: There's no way we could make it through without the love and support of so many people. For the last 11 years I've just been overwhelmed by the love and support not only of my family, but of the families of other missing children, people who I don't even know who have reached out to me. It's what keeps us going, and it keeps us determined to keep our children's names out there so that at some point we can get this miracle reunion.

WHITFIELD: Jeff Skemp, thank you so much, with the ongoing search for your daughter, Rachel Mellon now, after 11 years. And we hope all the best for you and your family as well.

SKEMP: Thank you so much, Fredricka, for caring.

WHITFIELD: Well, there are some legal challenges potentially to be considered in this case. What might they be? We're going to talk to our legal experts who will weigh in and give us some perspective.

And we're following new developments in the case against three Duke lacrosse players. We expect a news conference this hour by the North Carolina's attorney general office. We'll have live coverage in the NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: Here's what's happening right "Now In The News." Two missing boys enjoy their first full day back with their families. One boy had been missing since Monday, the other since October of 2002. They were rescued from a suburban St. Louis apartment yesterday. A suspect is in custody.

A winter storm crippling the nation's mid-section -- snow and freezing rain, icy roads, power outages, all of that. The Associated Press reports at least six deaths on ice-covered roads in Oklahoma and Missouri, all the result of traffic accidents. Air travel is also seriously affected and more icy weather is expected.

U.S. Secretary of State Condoleezza Rice is in Jerusalem. It's the first stop on a Middle East tour to push the Israeli-Palestinian peace process, and to persuade governments in the region to support President Bush's plan to send more U.S. troops to Iraq.

President Bush has been talking with Republican congressional leaders at Camp David this weekend. In his weekly radio address the president acknowledged congressional skepticism about his plan to increase troop levels in Iraq. He said those who criticize the plan should come up with a better idea.

And you're looking at live pictures right now out of North Carolina where we're awaiting a press conference to begin involving the North Carolina State Attorney General's Office, all involving the Duke lacrosse case -- that very controversial case.

We've heard recently that the prosecutor is asking to recuse himself from the case. Perhaps we'll hear some answers today from the state attorney's office -- State Attorney General's Office on that request.

From Texas to Illinois, a big winter storm has much of the U.S. mid-section in its icy grips. I've been telling you about that. Look at some of the pictures that we're seeing now out of Missouri. The first wave of the storm moved through. Ice-coated roads and power lines are causing some pretty big problems, and thousands of people across the region lost power when the storm blew in.

Pretty similar situation in Oklahoma. Look at those pictures. Work crews are out in force this weekend trying to keep the highways passable. The power went out in parts of that state as ice-coated trees and power lines came tumbling down.

And in Austin, Texas, liquid trouble of a different sort -- so much rain lately, rivers and streams there are on the rise.

Let's check in with Bonnie Schneider who is keeping a close tab on all of that -- Bonnie.

(WEATHER REPORT)

WHITFIELD: All right, thank you so much, Bonnie.

Meantime, we want to take you straight to North Carolina there, where the North Carolina State Attorney General's Office is holding a press conference as it relates to the lacrosse -- the Duke team.

ROY COOPER, N.C. STATE ATTORNEY GENERAL: Thank you very much. Today I've directed our prosecutors in the Attorney General's Office to accept the request of the Durham district attorney to take over the three Durham cases. What this means is that our office will now serve as the prosecutor for the state of North Carolina in these three cases.

This work will be handled by our special prosecutions section here in the Attorney General's Office. This section is available to all district attorneys in the state when there's a conflict or when there are other issues that prevent district attorneys from handling a case. Next week we'll transfer all of the files and documents in this case from the Durham District Attorney's Office to our office.

Our prosecutors, as we always do, will conduct a fair, impartial and thorough review of these matters. Agreeing to accept the prosecution of these cases doesn't guarantee a trial, nor does it suggest a dismissal. It simply promises a fresh and thorough review of the facts and a decision on the best way to handle these cases.

During the review it's possible that we would need to request additional information to conduct further investigation or recheck information that's already been included in the court file. I anticipate that our prosecutors will seek to meet with witnesses, with investigators and with defense attorneys.

Now I wish I could tell you that this case would be resolved quickly, but it's my understanding that there are numerous documents and other information in the district attorney's files and in the court record.

Since we have not been involved in the investigation or the prosecution of these cases, all of the information will be new to our office. Any case with such serious criminal charges requires a careful and deliberate review.

Now, our goal is to seek justice and truth while respecting the rights of everyone involved. We accept these cases with our eyes wide open to the evidence but with blinders on to all other distractions. In the final analysis the path that these cases travel will be lighted by the law and the evidence alone.

Now, as with any criminal case, except during the court proceedings, we cannot discuss the details of this case or any of these cases, nor can we comment on the process that has brought the cases to this point. What I can do is I will try to answer your questions now about how the process will go forward. So we'll go ahead and begin with those questions. I'll be glad to take them.

QUESTION: Lisa Morrison (ph) with "People" magazine. Have you selected the special prosecutor or prosecutors who are going to handle the case, and are they going to hold similar inquiries (INAUDIBLE).

COOPER: I have requested that Jim Coeman (ph), who is the head of our prosecution section along with Mary Winstead (ph), who is also a prosecutor in our special prosecution section, to be the primary attorneys to handle these cases. I believe that other attorneys could be involved in the process, but right now I've assigned those two attorneys to handle these cases.

It's too early to tell about the February hearing. We are just getting the information over. Clearly it's important that we take time to review matters thoroughly. Of course, it's up to Judge Smith to schedule hearing dates, but I would assume that as soon as we gather the information and have a chance to look it over, we will want to shortly meet with Judge Smith to discuss scheduling issues and other issues as we proceed.

QUESTION: In submitting his request for a special prosecutor, what did Durham district attorney Mike Nifong say about why he wanted that and what about the way he handled things will help guide your office in the way you'll handle the cases?

COOPER: Well, we'll handle the cases the way we handle all of these cases. Our special prosecution section often gets tough cases, cases that district attorneys are finding too hot to handle or cases where they have conflicts. We will handle it the same way where we will review the evidence impartially, and we will move forward.

It was only just yesterday that the Durham district attorney called Mr. Coeman in our office and then sent his request that we take over the case. We have quickly considered it because we think it's important to go ahead and move quickly in this case, and we have accepted the case.

QUESTION: Did he say why though, why he wanted to...

WHITFIELD: You've been listening to the North Carolina State Attorney General Roy Cooper say that they have accepted the request coming from the Durham prosecutor, Mike Nifong, to be recused from the Duke lacrosse case.

Our legal guys, Avery Friedman, a civil rights attorney and law professor joining us from Cleveland, and Richard Herman, New York criminal defense attorney, joining us from New York.

Good to see both of you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Nice to see you, Fredricka.

WHITFIELD: All right, Richard, I want to begin with you because I know you've had some very strong opinions about Mike Nifong and the job that he's been doing. Did you see this coming or does it still come as much of a surprise that he would request being recused when all along he was quite adamant that he felt strongly about where he was going with the case?

HERMAN: Fred, he's obviously sought some independent counsel who is halfway intelligent who advised him that based upon the ethics -- alleged ethics violations and those proceedings, he really has a major conflict and he's really taken away the focus of the case and put it on himself as opposed to the case.

So he really -- this is probably, you know, the most intelligent thing he's done since he's gotten this case from the inception but like John Mellencamp said, that song "And the Walls Come Tumbling Down," this is the beginning of the end for this guy. I'm telling you, Fred, this guy is in big trouble and this case is over. There is no way it's going to trial.

WHITFIELD: Really. OK, so the ripple effect. You think the case is over.

So, Richard, do you see this -- I'm sorry, Avery, do you see this the same way? Is it a precursor for dropping the charges altogether?

FRIEDMAN: I actually think that's what's going to happen, Fredricka. But I think -- I love the idea where you have an independent body talking about the path of justice being lighted by the law.

Obviously, they took time to prepare this for the press conference -- for the briefing, but the truth is when prosecutors, at least from a prosecutorial perspective, talk about a fresh analysis, they are going to look at everything, and I think Roy Cooper was very clear.

This doesn't mean a dismissal. It doesn't mean a prosecution, so from the standpoint of really doing justice, whether or not this case goes away -- and I think it probably will -- the idea that the government protecting the rights of the public will examine the facts anew, and I think that really restores faith in the integrity of the process.

WHITFIELD: So I wonder, Avery, if one reads between the lines, while the attorney general said it doesn't necessarily mean that we're ending the case nor does it mean we're advancing the case, at the same time does it sort of say that, you know what? We as a body have made some serious mistakes and this is our opportunity to try to correct them now and that, too, might be rather damaging in terms of public opinion there?

FRIEDMAN: Well, that has no reflection on the attorney general's office. I mean, Mike Nifong has messed this case up. No one really disputes that. No one seriously challenges that. I think what's very healthy here is that as Americans when we look to the process and we look for due process and fairness, the fact is there's a fallback, and in this case, North Carolina law provides that a local district attorney can go to the attorney general's office.

That's what's happening, so I think any discouragement about how people look at system is really neutralized by the involvement of the attorney general.

HERMAN: Fred.

WHITFIELD: Yes, go ahead.

HERMAN: Fred, I think that the attorney general gave us insight into this when he said we're going to determine this case based on the law and the evidence.

FRIEDMAN: Yes.

HERMAN: And if they truly are going to do that, Fred, this case will be dismissed.

WHITFIELD: Really? Even though he did say there were files that none of his prosecutors had had their hands on yet, it will be new to them?

HERMAN: Fred, this is not a sophisticated case. It's really pretty open and shut. Once they read the 168 different versions of what the alleged victim said, I mean, the case is over. There's no evidence at all, Fred, zero evidence here that's credible.

WHITFIELD: All right.

FRIEDMAN: One point -- one quick point.

WHITFIELD: OK, real quick.

FRIEDMAN: The point is that this is the first time we've heard that a prosecutor will actually meet with defense counsel. That's a big deal, and that's what good prosecutors do.

WHITFIELD: All right.

Avery and Richard, thanks so much. You're not going anywhere though because one case that is now fairly new when you're dealing about prosecution, what challenges might prosecutors face as they make their case against this man accused of kidnapping two Missouri boys? Our legal experts will be right back.

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WHITFIELD: Authorities are not revealing many details about this unfolding case of two Missouri boys found and reunited with their families. We do know the suspect's name and that he faces a kidnapping charge, but is it that clear-cut? Let's get our legal experts to weigh in, Avery Friedman, a civil rights attorney general and law professor joining us again from Cleveland, and Richard Herman, a New York criminal defense attorney live from New York. All right, gentlemen.

So, Avery, let me begin with you. Are cases like this when you're dealing with minors, sensitive materials, a lot more difficult for law enforcement and prosecutors to tread, given the sensitivities of this case?

At the same time, does it mean that a lot more errors can be made in this which could jeopardize everything, like we saw in, say, the Florida Richard Couey case?

FRIEDMAN: The Couey case, right. Actually, you nailed the point. Law enforcement, typical police officers, get very excited when they zero in and that's where the caution is important. Law enforcement has to make sure that the constitutional rights of the suspect are protected and also -- and this is really what happened as a result of I think what happened in Duke.

You noticed that Robert Parks, who is the Franklin County prosecutor in Missouri, was very careful saying under our ethical rules we really can't talk too much about things and I thought oh, my goodness we're going to see the ripple effect of Nifong all over America and that's a good thing.

So the bottom line to answer the question is, yes, it has to be approached with care, making sure the constitutional rights of the suspect are protected, but at the same time vigorous, aggressive law enforcement to get that conviction.

WHITFIELD: And so, Richard, when you're dealing with a highly publicized case like this, and people's opinions are clearly being influenced by what they are seeing, you know, live unfolding on their television sets and even in their newspapers, does this even give a defendant a chance for a good defense?

HERMAN: Well, Fred, it's tough, you know, when it's publicized like this and there's young children like this involved. It's a gut- wrenching case, you know. We go from the Duke debacle to the Missouri miracle.

And this young man, this Mitchell Holtz (ph), who had a fascination with motor vehicles and observed this truck that day and gave his information to law enforcement, which led to an investigation, which led finding that vehicle, which led to a search warrant and an interview with this Michael Devlin, you know, the wheels went in motion here.

They seemed to have worked but like we heard earlier, there was an interview with Devlin and after that interview they went to his house. We haven't seen pictures of Devlin after that interview. I don't know if he requested an attorney. I don't think he had an attorney present. There may be constitutional issues with respect to that interview. WHITFIELD: Oh boy. Oh boy. And that's exactly what happened in that...

HERMAN: In John Couey.

WHITFIELD: Yes, John Couey case. All right, well, we know that there are some kidnapping charges that have already been lobbied. Might there be others?

HERMAN: Oh, Fred, I -- you know, please. You know there's going to be others coming here. Once they have a chance to debrief these young men, you know -- unfortunately, you really have to have a high confidence level, there's going to be a series of charges. There may even be federal charges.

I heard the FBI agent say there may be federal charges brought here, and the message from the FBI was we take these cases very serious and we pursue them to our fullest extent, so that's the message from the FBI. I think you're going to see federal charges.

WHITFIELD: And, Avery, sometimes prosecuting in cases like this is difficult when you're dealing with minors who have to be questioned, minors who may be asked to testify, and oftentimes minors whose identities we don't know but since this is so highly publicized we are learning about these young kids involved. Can you kind of walk us through what makes this rather delicate for any prosecutor to tread?

FRIEDMAN: Well, remember that in Shawn's case, Fredricka, he's been away, involved with Devlin for almost four years.

WHITFIELD: Yes.

FRIEDMAN: So we don't even know what kind of psychological state he's in. He hasn't gone to school. He's been isolated. In Ben's case, he was taken away, you know, three, four days ago, so you've got a one-two punch here. You've got both individuals but it's still a careful, delicate team of psychologists, law enforcement, doctors and, of course, a loving family.

WHITFIELD: All right, Avery and Richard, thanks so much. We're out of time. We appreciate it.

FRIEDMAN: Sure. See you soon.

HERMAN: Have a good day.

WHITFIELD: All right, you too.

Well, after a quick break we'll get an update on the impact of this weekend's winter storm, followed by "CNN PRESENTS: COMBAT HOSPITAL."

And then at 4:00 p.m. Eastern, a reality check on how to protect your child from potential kidnappers. A check of the day's headlines also next. Then, then "CNN PRESENTS." (WEATHER REPORT)

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