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Michael Devlin to be Arraigned on Kidnapping Charges; Another Day of Violence in Iraq; Winter Storm Frigid Menace in Parts of the South
Aired January 18, 2007 - 09:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
TONY HARRIS, CNN ANCHOR: And good morning, everyone. You are in the CNN NEWSROOM.
I'm Tony Harris.
HEIDI COLLINS, CNN ANCHOR: And I'm Heidi Collins.
For the next three hours watch events as they come in to the NEWSROOM live on this Thursday, the 18th day of January.
Here's what's on the rundown.
Accused child kidnapper Michael Devlin arraigned in Missouri this hour. We'll have live coverage coming up in just minutes. Plus, new details on the police investigation.
HARRIS: Bush administration about-face. No more eavesdropping on Americans without a warrant. The attorney general spelling out the change live this hour.
COLLINS: Los Angeles subway incident: accident or a dry run for terror? Searching for the mercury man in the NEWSROOM.
New charges, new developments in the case of the Missouri kidnappings. Within minutes, Michael Devlin appears before a judge. Prosecutors have now formally charged him in the abductions of both boys discovered in his apartment. Now we have learned authorities are looking at similarities between these abductions and a 1991 kidnapping.
Let's get the very latest now from CNN's Keith Oppenheim.
Keith, tell us, what exactly is going to be happening this morning?
KEITH OPPENHEIM, CNN CORRESPONDENT: Heidi, it's going to be mostly procedural stuff at this arraignment this morning. And formally, Michael Devlin will face one count of kidnapping 13-year-old Ben Ownby last week.
In fact, Michael Devlin is not going to be at the courthouse. He's going to be arraigned remotely. And we can show you a live picture of the booth from the Franklin County Jail into which Michael Devlin will sit. He will sit in front of a camera, and it will be from there he will be arraigned. Law enforcement often likes that kind of arrangement because it's good for security.
Yesterday, Michael Devlin was hit with two additional charges in neighboring Washington County. One for kidnapping 15-year-old Shawn Hornbeck four years ago, and also for using a gun to force Shawn Hornbeck to go with him.
At one point at a news conference yesterday, though, a Washington County attorney got pretty adamant, shooting down rumors that Shawn Hornbeck was either avoiding escape or trying to cooperate with Devlin in any way.
(BEGIN VIDEO CLIP)
JOHN RUPP, WASHINGTON COUNTY PROSECUTOR: We categorically deny that. If these charges do not clear that up, I don't know what else we can do to clear that up. Shawn was abducted against his will, period, end of the story.
(END VIDEO CLIP)
OPPENHEIM: Heidi, this is a multi-jurisdictional case. It can be a little confusing, because Michael Devlin is facing charges in now two different counties, and it's also possible that the federal government would file charges as well. But simply, today Michael Devlin is facing one count of kidnapping, and it's the count that has the maximum penalty so far, that of a maximum sentence of life in prison.
Back to you, Heidi.
COLLINS: OK, understood. But what about the other two missing child cases that authorities are now investigating, as we said, 1991?
OPPENHEIM: In nearby Lincoln County, investigators are saying that Devlin could be a lead in two other cases. There's an 11-year- old boy, Arlin Henderson, who was missing 16 years ago. And there's a lot of similarities between the way Henderson was abducted and Shawn Hornbeck was abducted.
Basically, two kids on a rural road on a bicycle. So, all they're saying is there are similarities between the cases, and they're looking at Devlin as a lead in that case.
And the other one is about a 13-year-old girl by the name of Bianca Piper, missing in Lincoln County two years ago. And the weird thing is, is that authorities are saying they think it's possible that Devlin was participating in the search for the girl. Again, that's just possible. And the idea is that he was trying to get a better understanding of police techniques to allude authorities later on.
That's all a maybe.
COLLINS: Wow. All right. Well, a lot more to be learned in those cases, for sure.
Keith Oppenheim for us this morning in Union, Missouri. Keith, thank you.
HARRIS: And let's take a closer look at this case through the eyes of Jeffrey Toobin, CNN senior legal analyst. He joins us this morning from New York.
Jeffrey, great to see you.
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Hi, Tony.
HARRIS: How do most of these arraignments work, Jeffrey? This is pretty straightforward stuff, isn't it?
TOOBIN: Absolutely. This is the beginning of what is likely to be a long legal process. And what happens in an arraignment is the defendant is informed of the charges against him and bail is set.
Now, it doesn't take a genius to realize that this -- that Mr. Devlin is not getting out on bail. Bail was set for $3 million. He's certainly not going to make that. But basically what this does is starts the legal process. And there are now two cases against him, the Shawn Hornbeck case and the Ben Ownby case. After that, we'll see if there's anything else.
HARRIS: Do you expect him to say anything today?
TOOBIN: Absolutely not. I mean, he'll say he pleads not guilty or words to that effect, he understands the charges against him.
But, Tony, let me just raise one issue here.
HARRIS: Sure. Sure.
TOOBIN: This case, certainly to me, I suspect to most people, looks like an open and shut case. I mean, he was -- he was found with these two boys who were kidnapped. But, you know, he does have one peculiar advantage as this case goes forward, which is that no one wants a trial in this case.
These kids have been through enough. It is going to be difficult enough for them to reintegrate into normal life, especially Shawn Hornbeck after four years. Imagine what it would be like for them to have to testify in court about what they went through, to go through cross-examination.
Again, Shawn Hornbeck would have to talk about, you know, why didn't you leave?
HARRIS: Yes.
TOOBIN: Why didn't you make a phone call during all those four years?
No one wants to see that happen. So, when plea negotiations start, if they start, Devlin's lawyers are going to be able to say, look, you give me this deal or we'll force this case to trial. That's a real advantage.
HARRIS: Yes. And what's interesting is that you -- you still as a prosecutor have to build this case, which means at some point, you have to interview these children.
TOOBIN: Absolutely.
HARRIS: Which sounds like a process you're describing that no one wants to take part in.
TOOBIN: Right. And that's just the police interviewing them under controlled circumstances...
HARRIS: Yes.
TOOBIN: ... in their home, and a place where they're comfortable. If there's a trial, you know, they will be faced with defense attorneys who want to discredit them in some way. And that's no rap against defense attorneys. That's what they're supposed to do.
So, I think clearly everyone wants to avoid that.
HARRIS: Right.
TOOBIN: And basically, I imagine, if there are plea negotiations, Devlin will be looking for some sort of arrangement where he gets out of prison some day, where he doesn't have a life sentence.
HARRIS: And -- great. And Jeffrey, you're back a little later to talk about domestic surveillance, right?
TOOBIN: An entirely separate subject.
HARRIS: All right, Jeffrey.
TOOBIN: But we'll talk again.
HARRIS: Good to see you.
TOOBIN: All right.
HARRIS: And of course we will take you back to Union, Missouri -- that's in Franklin County -- when the arraignment begins. And we will bring that to you live.
COLLINS: Tough talk from Iraq's prime minister. He says Iraqis can control the violence in his country with more guns and money from the U.S.. But on the ground in Iraq, another day of violence.
CNN's Arwa Damon reports from Baghdad.
(BEGIN VIDEOTAPE)
ARWA DAMON, CNN CORRESPONDENT: The latest round of violence in the capital saw five car bombs explode in a span of just three hours. The deadliest of those attacks coming during a triple bombing at one of Baghdad's open air marketplaces where farmers come to sell fresh produce every morning. That attack left at least 10 Iraqis dead and wounded another 30.
Earlier in the morning, during rush hour in the capital, another car bomb. This time targeting an Iraqi police patrol, exploding on a busy commercial street. At least four Iraqis were killed in that attack, another 10 were wounded.
This is the violence that resonates with the Iraq people. Not any sort of plans that are being put forward by the American and Iraqi governments.
However, we did hear tough talk from Iraq's prime minister, Nuri al-Maliki, during a press briefing he gave to print journalists earlier. In that, he said that if the United States provided the Iraqi security forces with adequate training and weapons, that they would be able to take over security in the next three to six months.
We have, however, heard this sort of talk from Iraq's prime minister in the past, as recently as the end of October, when he gave a very similar statement to another news agency. But when it comes down to reality on the ground, the Iraqi security forces themselves do tell us that they prefer to conduct operations alongside their American counterpart. They are still very much reliant on U.S. military guidance from the lowest, all the way up to the highest levels, in terms of military operations.
Arwa Damon, CNN, Baghdad.
(END VIDEOTAPE)
COLLINS: Kidnapped and forced into the violence in Iraq.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (through translator): They said he was screaming the whole time, "I am booby-trapped! I am booby-trapped!"
(END VIDEO CLIP)
COLLINS: Innocent Iraqis become unwilling suicide bombers. But one man's actions may have saved lives. The chilling story from CNN's Arwa Damon a little later in the NEWSROOM.
HARRIS: No doubt about it, winter is here, and it is hanging on for a while, even in places where snow is seldom seen.
Heidi, take a look at Malibu. Malibu.
COLLINS: Of course. It looks just like it.
HARRIS: Of course? A fast-moving storm drops snow in the mountains and hail in the city. Residents grab their cameras and take pictures of this rare sight, snowing instead of surfing.
Dude!
And snow in ice forced officials to close Interstate 5 north of Los Angeles.
In Texas, a winter blast shut down the Alamo and a 300-mile stretch of Interstate 10 from Fort Stockton to San Antonio.
And in hard-hit Oklahoma, thousands of people still don't have power.
The winter weather has been treacherous and deadly. At least 65 storm-related deaths have been reported in nine states since Friday.
COLLINS: The winter storm is also a frigid menace in parts of the South. Traffic accidents, school closings, plenty of problems in North Carolina.
Alex Reed of CNN affiliate WCNC is live in Morrisville. That's in Wake County.
Tell us what you're seeing there, Alex.
ALEX REED, REPORTER, WCNC: Well, right now just a slight drizzle falling from the sky. I'm here in Morrisville, just about 30 minutes North of Charlotte, North Carolina.
It's about 30 degrees out, and you can see the rain which fell earlier today has frozen on this park bench, creating a nice layer of ice here. And that's exactly what's happening to our roadways.
This is what I'm talking about. All of the snow you see in the video here is now freezing.
It's not the accumulation we're worried about in the Carolinas, though. It's the ice. We've already seen a 12-car pileup which shut down Interstate 77. We're told that highway is just now reopening.
The ice also caused schools in several counties to cancel classes for the day. And the weather is to blame for this water main break in central Charlotte. You can see here hundreds of gallons of water pouring out into that parking lot.
And now back here in Morrisville, you're taking a look at the roadways. You can see they're still a little wet. Bridges and overpasses, we're told, are the primary concern. And for that water main break, also a main concern is containing that before that water starts to freeze and creates a very dangerous situation -- Heidi.
COLLINS: Yes. I would imagine, too, Alex, that one of the concerns is, how many sanding trucks and things like that are available in places like North Carolina?
REED: Absolutely. They had a few trucks on reserve for this weather today. They sent them out earlier this morning to lay down some salt and take care of the roadways before they started icing over. But like we said, we've seen a lot of accidents, and there are still more accidents reported every minute here.
COLLINS: All right. Best to just stay inside, I guess, if you can swing it.
All right, Alex. We appreciate your time here this morning.
Thanks so much.
HARRIS: And over to the severe weather center now, and Reynolds Wolf in this morning for Chad Myers.
And Reynolds, hey, good morning. Good to see you.
Where do you want to start in telling everyone about this weather story?
REYNOLDS WOLF, CNN METEOROLOGIST: Why don't we start with this big ugly mass right behind me.
(WEATHER REPORT)
COLLINS: Thank you, Reynolds.
WOLF: Any time.
COLLINS: The word no one wants to hear.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You know you're in trouble when a doctor grabs the chair by the bottom and scoots up and puts his arms and his legs and gives you that look. You're like, no, not good, not good. And in that soft voice he goes, "John, you have cancer."
(END VIDEO CLIP)
COLLINS: Man. But a cancer diagnosis is not a death sentence. Find out what you can do to beat the odds.
HARRIS: Domestic spying, eavesdropping on suspected terrorists, now with court approval. Legal analyst Jeffrey Toobin briefs us on the Bush administration's change of heart. He's coming up again in the NEWSROOM.
COLLINS: A clumsy commuter or a man training for terror? A bizarre episode inside an L.A. subway station. It's only on CNN.
HARRIS: Police say he stole a car and led them on a high speed chase. And he's only 9 years old. But that is not the end of the story. Find out what happened when he got to the airport.
You're in the NEWSROOM.
(COMMERCIAL BREAK)
COLLINS: We are looking at a live shot right here. It looks very desolate and empty right now, but shortly we will be seeing the arraignment done by videotape here -- video conference, I should say -- of 41-year-old Michael Devlin.
As you know, he is being charged in two kidnapping cases. The first one in 2002, and the other one just four days, prior to the recovery of the young boy, Ben Ownby and the other one, Shawn Hornbeck.
We're going to be watching this proceeding. It should be fairly quick, but we will bring it to you just as soon as it happens in Missouri.
Wiretaps with warrants. The Bush administration reverses course on its domestic eavesdropping program that targets terror suspects. A special court will now approve or reject requests for warrants.
Attorney General Alberto Gonzales in front of a Senate committee this hour to answer questions about the program.
White House Correspondent Ed Henry has more on the administration's turnabout.
(BEGIN VIDEOTAPE)
ED HENRY, CNN WHITE HOUSE CORRESPONDENT (voice-over): A sharp reversal for President Bush on the issue of warrantless wiretapping, even though Press Secretary Tony Snow tried to portray it as a situation where the Justice Department has no problem with an independent court monitoring the administration's controversial domestic spying.
TONY SNOW, WHITE HOUSE PRESS SECRETARY: The foreign intelligence surveillance court has put together its guidelines and its rules. And those have met administration concerns about speed and agility.
HENRY: A far cry from what the president has repeatedly asserted that he need special powers because the 1978 FISA law was outdated.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: And I looked, I said, look, is it possible to conduct this program under the old law? And people said it doesn't work in order to be able to do the job we expect this to do.
HENRY: Democrats who have long charged the president's terrorist surveillance program may have been illegal and unconstitutional declared it was about time the president came around.
SEN. PATRICK LEAHY (D), VERMONT: They don't have to follow the law. They can step outside of the law. They don't have to follow the checks and balances that I'd say all Americans, no matter what your political beliefs might be, all Americans ought to ask, why are they doing this?
Why are they doing this? Because it doesn't -- in the long run it does not protect us, not if we take away our liberties. HENRY: New Senate Judiciary Chairman Patrick Leahy was planning aggressive questioning of Attorney General Alberto Gonzales on Thursday, but the White House denied any effort to preempt that.
SNOW: It's the FISA court, which is the Foreign Intelligence Surveillance Court which has done this. What you're doing is you're accusing that court of engaging in political activity to, what, bail out the Bush administration? I don't think so.
(END VIDEOTAPE)
COLLINS: Ed Henry joining us now with more on this story.
How big of a reversal is this? The president did state from the beginning that it seemed like, to him, anyway, that the 1978 federal law needed some updating.
HENRY: A major reversal. It's clear why. In large part, it's because the Congress has changed hands, Democrats now running it.
Not just this hearing today, but in the weeks ahead they were planning not just aggressive oversight, but potentially legislation to try to force this anyway. So the administration is just trying to get ahead of the parade.
And I bet they're going to get a lot of other tough questions, not just about FISA, not just about this decision on wiretapping, but also the War Powers Act, for example, in Iraq. Even though Alberto Gonzales doesn't normally handle foreign policy, as the nation's chief law enforcement he's going to be asked about the War Powers Act.
Democratic senator Edward Kennedy now trying to stop the president from sending more troops to Iraq, contending that the congressional authorization back in 2002 is now outdated because the mission has changed so much. You can bet Gonzales is going to get a whole host of questions, a grilling on that and many other issues -- Heidi.
COLLINS: All right. Ed Henry watching it for us. And we will be watching it, too, in about, oh, eight minutes or so.
Thanks so much, Ed.
HENRY: Thank you.
HARRIS: You know, it occurs to me we don't know a lot about the secret court that is set up to handle domestic wiretaps or how it operates. And joining us now to talk about it more is our CNN senior legal analyst, Jeffrey Toobin.
Jeffrey, how does this court even operate?
COLLINS: It's a secret.
HARRIS: It's secret. TOOBIN: It's a very peculiar situation because not only is it secret, there's only one party that ever appears in front of it. You know, all -- we're used to seeing court proceedings with a plaintiff and a defendant or the government and a defendant.
This is a court that solely operates -- it's got a secret suite within the Justice Department building in Washington, and there are, I believe, eight judges on it, and they're all federal district court judges from around the country. And the government goes to them and says, we want to wiretap the following phones, the following locations for foreign intelligence purposes.
In the history of the court -- they release general figures about the court -- they have never turned down a single wiretap. So it's not like this is a big hurdle that the administration now has to go through, that they're going to suddenly be paralyzed in their war on terror.
This court has mostly functioned as a rubber stamp. They occasionally tell the government, go back, change your application, you know, give us better reasons.
COLLINS: Sure.
TOOBIN: But they never say no. So, in fact, I don't think is going to make much of a difference, although it is some check on the administration that didn't exist previously.
COLLINS: Jeff, should it be run differently? I mean, when we're talking about surveillance, it seems like you do need to keep some of it secret, do you not?
TOOBIN: Absolutely. And, you know, what this was -- this was created in 1978 in reaction to the news that the FBI and CIA had basically been wiretapping without any sort of government oversight.
So this was kind of a compromise. So obviously you can't tell someone they're going to be wiretapped because that destroys the element of secrecy. So this was perceived as a compromise that worked pretty well for a long time, saying, look, the government has to persuade these judges what they're doing is legitimate, but the targets of the surveillance are never going to learn about it.
HARRIS: Right. Hey, Jeffrey, without this change of heart from the administration, was the potential there for a constitutional crisis over this issue?
TOOBIN: Well, I don't know about a crisis, but, this certainly was going to be a challenge from the now Democratic Congress. And I think you just need to -- you need to put this in the broader perspective of what's gone on with the legal position of the administration's war on terror.
Repeatedly, the Supreme Court has said that the Bush administration has pushed too far on its treatment of the people in Guantanamo, on issues of whether they're allowed to go to court to challenge their incarceration. Here you have, apparently, as Ed Henry said, a reaction to the Congress, the Congress pushing back on the issue of domestic surveillance. So, you know, the system of checks and balances does appear to be working here, that the Bush administration, in several areas, appears to have pushed too far and the other branches are pushing back.
COLLINS: Hey, Jeff, real quickly, before we let you go here, the War Powers Act, should this be looked at in conjunction with this law? I mean, that you have more or different power when you are fighting a war on terror?
TOOBIN: You know, this is one of the sort of peculiarities of how the Constitution has evolved.
The last declared war the United States was in was World War II. You know, Congress's declaring war power -- I mean, Vietnam wasn't declared, Korea wasn't declared. You know, our efforts in Kosovo under Clinton wasn't declared, the Gulf War and the Iraq war were not declared. So, the issue is, how does Congress exert its power over the president when it comes to the military?
This is really a political issue more than -- more than a legal issue. It all depends on how much the Congress really wants to challenge the president. Obviously, it's very different now than it was before November with the Democratic control, but still is a long way from the Congress stopping this war.
COLLINS: All right. Very good.
Jeff Toobin, we appreciate your thoughts here.
CNN legal analyst.
And we're going to be watching it in about three minutes now, the countdown.
Thank you, Jeff.
HARRIS: And just another reminder that CNN "Security Watch" keeps you up to date on safety.
Stay tuned day and night for the most reliable news about your security.
COLLINS: Police say he stole a car and led them on a high-speed chase. But look at him. He's 9 years old.
That's not the end of the story either. Find out what happened when he got to the airport.
Stick around right here in the NEWSROOM.
Also, Seattle to Phoenix, to San Antonio, as we say, this fourth grader talking his way on to two planes. We told you there was more to the story. We're not going to tell it all, though.
So stick around. After the break we will.
(COMMERCIAL BREAK)
HARRIS: And let's take you now to Union, Missouri. Forty-one- year-old Michael Devlin being arraigned this morning.
Let's listen in to the proceedings.
(JOINED IN PROGRESS)
UNIDENTIFIED MALE: I'm going to explain to you the charge against you and explain certain rights that you have. At the end, if you have any questions or any statements you wish to make, you may certainly do so.
You're here because you are charged with the Class A felony of child kidnapping. The state has charged that on or about January the 8th of this year, here in Franklin County, you were not related to a person whose initials are W.O. by blood or marriage, knowingly and unlawfully removed that person, W.O., a child under the age of 14, from 836 Wild Rose Lane (ph).
Do you understand what you're accused of?
MICHAEL DEVLIN, DEFENDANT: Yes.
UNIDENTIFIED MALE: The range of punishment, sir, for a Class A felony is 10 to 30 years in the penitentiary, or life in prison. Do you understand that, sir?
DEVLIN: Yes.
UNIDENTIFIED MALE: Now, Mr. Devlin, you have certain rights under the Constitution. One of those rights is the right to an attorney. You have -- I have two attorneys here in the courtroom, Mr. Kielty and Mr. Corlija. Are they your attorneys?
DEVLIN: Yes, they are.
UNIDENTIFIED MALE: You also have the right to remain silent. Anything you say may be used against you later on in a court of law. Do you understand you have that right?
DEVLIN: Yes, I do.
UNIDENTIFIED MALE: At this time, I'm going to suggest you not make any statements. I'm sure your attorneys will tell you the same.
You also have the right to have the preliminary hearing before you can be forced to face a jury trial in this matter. At this time, I would propose to set the matter for preliminary hearing.
UNIDENTIFIED MALE: Your honor, at this time, I believe a plea needs to be entered for the defendant.
UNIDENTIFIED MALE: Mr. Devlin, how do you wish to plead to this matter? Mr. Devlin?
DEVLIN: I'm not guilty.
UNIDENTIFIED MALE: OK. I would propose to set this matter for hearing, either on March the 8th, or March the 15th.
UNIDENTIFIED MALE: March the 15th, please, your honor.
UNIDENTIFIED MALE: Is that acceptable to you, gentlemen?
UNIDENTIFIED MALE: I think it's acceptable, your honor, yes.
UNIDENTIFIED MALE: We'll set it at 10:30 on the morning of March 15th.
Mr. Devlin, your next court appearance in this courtroom will be March 15th. Do you understand that, sir?
DEVLIN: Yes.
UNIDENTIFIED MALE: OK. Do you have any questions at this time?
DEVLIN: No, I don't.
UNIDENTIFIED MALE: Any comments or questions from counsel?
UNIDENTIFIED MALE: Nothing on behalf of the defendant, your honor.
UNIDENTIFIED MALE: Nothing for the state, your honor.
UNIDENTIFIED MALE: That will conclude matters for now. Thank you very much, gentlemen.
UNIDENTIFIED MALE: Thank you very much, Judge.
UNIDENTIFIED MALE: Mr. Devlin, we'll see you on March 15th.
(END LIVE FEED)
HEIDI COLLINS, CNN ANCHOR, CNN NEWSROOM: We have just seen the arraignment of 41-year-old Michael Devlin, coming to us out of Missouri. You may have heard there, when the judge asked him his plea, it seemed like he didn't hear him the first time. The second time, however, he did plead not guilty.
The next court proceeding, as you heard the judge say, will be March 15th, all of it done by video link because of humongous security concerns that the judge has been very worried about. We'll go ahead and get to Keith Oppenheim, who is outside that courthouse in Union, Missouri. And will tell us a little bit more about what he noticed.
Keith, what can you tell us from where you are?
KEITH OPPENHEIM, CNN CORRESPONDENT, AMERICAN MORNING: Well, I think an important thing to understand about what just happened during that arraignment is that Michael Devlin was charged with a Class A felony of child abduction.
He was also charged yesterday in nearby Washington County with kidnapping and for using a gun in that kidnapping. But the charges here, in Franklin County, carry a greater sentence. That's because in the last couple of years, Missouri passed a child abduction law, which carries a maximum penalty of life in prison.
That's what he's being charged with today. So, this proceeding here, in Franklin County, at this point, in terms of the charges that Michael Devlin could face, has the heaviest penalty so far, Heidi.
COLLINS: All right, what will we see, Keith, happen then, on March 15th?
OPPENHEIM: That will be the next hearing. Again, these are sometimes very legal procedural things, where they start to look at evidence. They look at a trial date. They lay out charges, if it gets that far. One thing that our legal analyst, Jeffrey Toobin, was pointing out in a case like this, is that this case sort of screams for the possibility of there being a plea arrangement, largely because many parties involved would like to avoid a trial, so these two young men don't have to go through that trauma.
But assuming that a prelim happens, and that we go towards trial, then it goes through the regular steps of the legal system of laying out evidence and setting a trial date.
COLLINS: You bring up a great point about the different charges. Because in Washington County, I believe, it will not be Class A kidnapping, correct?
OPPENHEIM: That's exactly right. In Washington County, it's not, that's because when 15-year-old Shawn Hornbeck was abducted, just four years ago, that law didn't exist in Missouri, it was just a general kidnapping charge. And that carries, I believe, it's five- to 15-year guidelines for a penalty.
COLLINS: Yes, five to 15.
OPPENHEIM: Five to 15, so that doesn't sound like much perhaps to many people but those are the penalty guidelines that the authorities in that county will have to follow.
So, if you ask the question, which proceeding would come first, probably the Franklin County charge, with Ben Ownby, even though Ben Ownby was only held for four days, and Shawn Hornbeck was held for more than four years.
COLLINS: Because of the possible sentence, if found guilty, of life in prison.
OPPENHEIM: Right, exactly.
COLLINS: All right. Thank you very much for breaking it down for us, Keith Oppenheim in Union, Missouri today.
TONY HARRIS, CNN ANCHOR, CNN NEWSROOM: Back to New York City and our Senior Legal Analyst Jeffrey Toobin.
Jeffrey, anything surprise you in what you just heard?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST, CNN NEWSROOM: Not a bit. I wouldn't be certain that the March hearing that the judge announced would actually take place.
HARRIS: March 15, yes.
TOOBIN: This is a legally complicated situation because he is at this point charged in two separate counties. Those two counties are going to have to coordinate, as Keith was saying, who goes first, which evidence is stronger, how they want to proceed.
Also, there is a looming possibility of federal involvement. Does the federal government preempt and do some sort of federal kidnapping prosecution? All these battles and they sometimes are turf battles among prosecutors need to be worked out. Usually they're worked out, you know, peaceably, without any public dispute.
But that tends to take time. The legal system, as you know, sometimes works rather slowly. I imagine it will be many months before we know exactly how Devlin will be dealt with in the legal system.
HARRIS: Jeffrey, do you think federal charges in this case are likely?
TOOBIN: I don't -- I don't really know. It's certainly possible. It makes a certain amount of sense because kidnapping has been something, since the Lindbergh case -- that the federal government has taken an interest in. That's how the FBI first became famous, is prosecuting kidnapping cases, that's something they can do.
This one does seem fairly straightforward. But since you have two counties involved, it may makes sense to consolidate them before the federal government. I just don't know how that will go at this point.
HARRIS: Hey, Jeffrey, I guess we expected the attorneys to enter the plea for Devlin. Are you surprised he said anything at all?
TOOBIN: No. That's just a -- you know, different courts have different customs whether the attorney says it, or defendant says it. I don't think there is much significance to that.
HARRIS: CNN's Senior Legal Analyst Jeffrey Toobin, for us in New York. Jeffrey, great to see you.
TOOBIN: All right, Tony.
COLLINS: Waiting on a train or practicing a terror attack? What this man drops on a subway platform and how authorities responded. We'll tell you the story, ahead, right here in the NEWSROOM.
(COMMERCIAL BREAK)
We want to take you quickly back to Missouri, the same story we were just mentioning. This is the prosecutor in the case against Michael Devlin, Robert Parks, let's listen in for a moment.
(BEGIN LIVE FEED, IN PROGRESS)
ROBERT PARKS, PROSECUTING ATTORNEY: Which will probably negate the need for the preliminary hearing. We are still waiting for all the reports and everything from the investigating agencies. I do not have any information, more than what has already been said. We did have a few copies of the complaint and the probable cause statement.
At this time, I will answer any questions, however, I will not go into any details of the case, if you have any questions.
QUESTION: Can you summarize your probable cause statements, specifically your claim that the defendant confessed?
PARKS: Basically, when Mr. Devlin was taken into custody, he did confess that he had kidnapped Ben Ownby from Franklin County.
QUESTION: Yesterday, we heard that Hornbeck was taken by use of a gun? Was there any weapon involved in this apprehension, and if so, will you now file charges on?
PARKS: That will be something that at a later date could be presented to the grand jury. At this time, like I said, we are still waiting for all the written reports and everything to come in. I'm expecting boxes of reports and information by the time we get through with all this.
QUESTION: Is there any word yet on federal charges?
PARKS: There is no word yet. We did have a meeting with all the prosecutors and the -- Katherine Hanaway (ph), the U.S. attorney in this case. They will be reviewing it, as soon as they get all the reports, too. I do not know what, or when, or if they will be filing federal charges in this case.
QUESTION: When you said Mr. Devlin confessed, can you go into a little bit more detail on that? How detailed a confession did he give?
PARKS: All I know is he admitted that he did take Ben, and that's the only information I have at this time.
(CROSS TALK)
PARKS: No, I don't have any --
QUESTION: Did you say that he made that confession Friday night?
PARKS: I do not know exactly when it was. I'm not even sure what day it is today.
QUESTION: Who did he confess to?
PARKS: I'm not sure. Are there any other questions?
QUESTION: Yes, how are you going to work out your case with Washington County, as far as the timing of the hearings and things of that nature?
PARKS: We've got him. He's mine. So, we're going to take first crack at him.
QUESTION: Can you describe his situation in the jail at this point in time? Is he being held apart from other people? Is there a special watch on him?
PARKS: I honestly do not know. Sheriff Toelke, do you know?
SHERIFF GARY TOELKE, FRANKLIN CO. MISSOURI: Yes. --
QUESTION: Can you come to the microphone, sir.
TOELKE: Yes.
QUESTION: Thank you, Sheriff.
TOELKE: As of yesterday, he is being kept in a holding cell. He's not necessarily on suicide watch. He hasn't made any comments in that direction, but just due to the magnitude of the case, and the circumstances, we are keeping a closer eye on him, obviously.
QUESTION: Sheriff, (OFF MIC) general population?
TOELKE: I don't really know. It just depends on the jail's assessment of his demeanor, and behavior, as the days go on.
QUESTION: How is he doing?
TOELKE: As far as we know, all right. He's quiet. Doesn't really say much, keeps to himself. He does have some medical problems, nothing serious or uncommon. We're able to address those at this point. So, right now everything is just kind of status quo.
QUESTION: Is that why he's wearing a band on his right arm?
TOELKE: I don't know. I don't know if they maybe took a blood test or something. I'm not really sure.
QUESTION: Has anyone been to visit him?
TOELKE: I know his attorneys have. I'm not sure about family?
QUESTION: How many other prisoners do you have in your jail right now?
TOELKE: It varies. We usually average around 100, sometimes 130, sometimes 150, depending what's going on.
QUESTION: Have you talked to the Lincoln County officials about the cases up there and whether there is any connection? TOELKE: We're not really commenting on any further investigations at this point.
(END LIVE FEED, IN PROGRESS)
COLLINS: I want to show you on the right hand side of your screen, now this is the defense attorneys, the two of them, there, for Michael Devlin. Let's listen in to what they have to say after this first proceeding.
(BEGIN LIVE FEED, IN PROGRESS)
ETHAN CORLIJA, DEFENSE ATTORNEY: ... before Judge David Tobin, that followed, he made that plea, having been read the charge, the sole count of kidnapping, child abduction, a Class A felony. After being read the charge, informed of formally of the charge, he entered that plea pursuant to advice of counsel, and also as a procedural matter.
Thank you.
UNIDENTIFIED MALE: Thank you.
QUESTION: How did he react when you told him he was charged with the second kidnapping and the use of a weapon in that kidnapping?
CORLIJA: We have no comment on that.
QUESTION: There have been public reports that your client has confessed. How do you react to that?
CORLIJA: Mike, I'm sorry. We just can't speak to that. We can't comment on that.
QUESTION: If he has confessed, does that make your job harder?
CORLIJA: Well, obviously, any time you have a defendant who has been charged with a crime and there's purportedly a confession, whether it is either written, verbal, videotaped, audio taped, it certainly makes the job of defense counsel much harder.
QUESTION: How is Michael Devlin? Can you describe his demeanor?
UNIDENTIFIED MALE: No comment.
QUESTION: How is Michael Devlin? Have you spoke to him? What is his demeanor?
UNIDENTIFIED MALE: We won't comment on that.
QUESTION: Now, he's charged with abducting two different boys. You can't tell us whether --
UNIDENTIFIED MALE: Well, I can tell you this much, we met with him yesterday. OK? After we met with the prosecuting attorney, Mr. Parks, we visited with Michael Devlin. And he seemed calm. He understood exactly what proceedings were to take place this morning. He's on pretty solid -- he has a solid understanding and is on solid footing as far as what would have happened and what did happen today.
QUESTION: How disappointed are you he didn't have a courtroom appearance?
MICHAEL KIELTY, DEFENSE ATTORNEY: I don't think that's a major issue considering some of the motions we have filed. We did not taken up the fact that we did want him to appear in court in anything other than street clothes. Due to the fact we hadn't had time to argue that motion, since we've just entered, I think it's probably better that he appear on closed-circuit TV, so as not to prejudice a potential jury pool.
This case has gotten just blitzkrieg of information from the media -- or attention from the media. I'd say it's going to be next to impossible, if not impossible to get a -- if we do, in fact, try this case, there's no way we can get a fair trial, in this county, due to the amount of attention it has gotten.
QUESTION: The sheriff has said your client is being held in some sort of isolation, not on suicide watch, in his words. Where is he being held now and are you satisfied with the conditions he's being held in?
CORLIJA: I'll answer that. Mike, he is being held in isolation at the Franklin County Detention Center, obviously. It is a preventative step. Now, that status may in fact change either later today or later on this week, where he will be taken out of that isolation situation. But that is a preventative measure. There's been no indicia whatsoever he poses a threat to anyone else while confined, or himself, for that matter.
(CROSS TALK)
QUESTION: ...additional charges?
KIELTY: That's always a concern, a consideration. However, we have taken the opportunity to speak with the prosecuting attorney, the judge, and as well as some of the jailers in this case, as well as our client, and we feel confident he should be safe in this facility. In the event that something did happen, at that point, we would have legal remedies to treat that.
QUESTION: What are they doing to ensure his safety?
KIELTY: What are they doing?
QUESTION: Yes.
KIELTY: Up to this point, he's been in solitary confinement.
QUESTION: When you talk about a change of venue, would you go and find a jury, or you would not be in this county at all?
KIELTY: Well, that would be up to the judge, Christi (ph). QUESTION: But your preference?
KIELTY: Again, I'm not going to tell the judge how to do his job. As long as I get a fair jury, I really don't care where we are.
QUESTION: Can you give us any idea of what is the basis for a not guilty plea, if in fact it is true, as the prosecutor's papers say, that on this day the defendant confessed to kidnapping, what then is the basis for a not guilty plea?
CORLIJA: Well, it is a procedural matter. Judge David Tobin is an associate circuit judge. He has neither the jurisdiction, nor the authority, under state law, to accept a client's plea of guilty, even if that is what he intended to do. We're by no stretch of the imagination asserting that's what he ever intended to do. But it would just legally be -- it's not feasible legally. He doesn't have the authority or jurisdiction to accept a any plea of guilty on a felony matter.
KIELTY: Moreover, moreover, there is a presumption of innocence. Again, this isn't Mr. Corlija or Mr. Kielty saying our client is innocent, the United States and the Missouri Constitution saying there is a presumption of innocence.
Now we filed our first request for discovery. However, the state has not given us any discovery yet. We don't know what the facts are. It would be premature for us not to -- how can you enter a plea of guilty if you haven't been given any of the information. We prepare every case as if we're going to trial.
So when we get all the information, after we prepared everything, after we have done our investigation, after we have interviewed all the witnesses, after we have deposed the witnesses, after we've done everything we can do -- and our client has been presented with all the evidence against him, or potentially for him, at that point, we'll make a decision whether we're going to try the case or we're going to plea the case.
But I'll reiterate, Mr. Corlija and myself, we will prepare any case as if it will go to trial. We don't have any more evidence than you have. In fact, y'all might have more evidence than we do.
QUESTION: Are you going to waive arraignment in Washington County?
CORLIJA: No, we've not discussed that. But I can tell you there are no plans to waive the formal arraignment in Washington County.
QUESTION: To what extend is he being investigated by the federal authorities? Or have you already spoke to that?
CORLIJA: We have no knowledge. We understand there may be an investigation in place, but we have no knowledge as to specifics of that investigation.
QUESTION: You mentioned the concern about trying him in this county, but what about anywhere in the state? This is a national story, that has received tons of coverage. Is it possible, in your opinion, to get a fair trial anywhere here?
KIELTY: I don't know about -- I don't know. We aren't there yet. I know in this county, it's a relatively small county, it is a close-knit community. The purported victim here is a member of that community, as is his family. I think it really hits home.
When you have a couple hundred news people down here, and they're hearing about it day in and day out, in the local, metropolitan, national, and international news, I think it would make it next to impossible to have a fair trial in this county.
QUESTION: How is his family holding up?
KIELTY: No comment on that.
QUESTION: Have any of Devlin's family members visited him?
KIELTY: No comment on that.
QUESTION: How is he holding up?
KIELTY: Mr. Corlija alluded to this earlier, that he's holding up relatively well, all things considered.
QUESTION: Could you comment again on the grand jury and whether that's good or bad for you?
CORLIJA: Well, it's neither. There must be a finding of probable cause for the state to proceed on the sole count here. Now more charges may be forthcoming. It is our understanding that that will probably come to head at some point later.
But I can tell you this. Whether it was presented to a grand jury or at a preliminary hearing, there are logistical concerns and that is a decision that will be made purely by the state. We anticipate it will be presented to a grand jury, which would mean on the March -- is the 13th?
KIELTY: The 15th.
CORLIJA: March 15th date, there will be no preliminary hearing, the indictment should be presented before then. But again, I don't want to comment too much on what the state will choose to do.
QUESTION: Can you comment on the statement that Mr. Parks made about a confession by your client.
CORLIJA: I'm sorry, I cannot comment on that.
QUESTION: Have you ever in your past represented a client on charges such as this?
KIELTY: Similar?
QUESTION: Yeah.
KIELTY: Yeah.
QUESTION: How many times?
KIELTY: As far as child kidnapping, I would have to go back and check my records. I don't keep statistics like a baseball player.
CORLIJA: Many.
QUESTION: But not a gigantic case like this, with all the attention?
KIELTY: No, the largest cases that we've had, are just, you know, we've had some manslaughters, and some other large scales, maybe some other cases involving kids.
CORLIJA: I think the type of media coverage is really an issue of first impression around this area.
QUESTION: Stranger abduction or family abduction?
KIELTY: What's that?
QUESTION: Was it a stranger abduction case of was it a family?
KIELTY: No, family, family.
We're going to conclude this. We have to get back and have a lot of work to do for Mr. Devlin.
CORLIJA: All right, thank you guys. Thank you.
(END LIVE FEED)
COLLINS: We have just heard from the defense attorneys for 41- year-old Michael Devlin. And those names, Michael Kielty and Ethan Calija, talking very quickly about a possible change of venue, kind of getting ahead of themselves, but being asked those questions by the press. Because they have no idea if this case is actually going to go to trial. But, of course, the charges today, there, in Franklin County.
Want to clear this up and mention it quickly, again, because it is a little bit complicated now. Devlin is charged with a Class A felony kidnapping charge in Ben Ownby's case, even though he was the one that was held for four days, opposed to four and a half years, as in the case of Shawn Hornbeck.
The sentence could be, if found guilty, much stricter, I should say, because of a new child abduction law there in Franklin County, which very different than what the sentence could turn out to be in Washington County.
That sentence, only five to 15 years because of a Class B felony. So, his attorneys coming straight to the microphones, immediately after the proceedings today. We'll continue to follow that one for you, as it goes on.
HARRIS: And Heidi, we have just learned from CNN's Kyra Phillips that humorist, columnist Art Buchwald has died.
As you know he has been sick for a while now. He refused dialysis treatments on his ailing kidneys last year and was expected to die within weeks of moving into a hospice. That was in February, but he lived on. Lived to leave the hospice, returned to his home, he even wrote a book about his experiences.
But we are learning this morning from CNN's Kyra Phillips that Art Buchwald has passed, at the age of 81. Here's Kyra now with more on the life of Art Buchwald.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: Welcome back.
ART BUCHWALD, HUMORIST, AUTHOR: Thank you. Is there any messages?
KYRAN PHILLIPS, CNN CORRESPONDENT (voice over): It was one of the last times I saw him, back in October.
(On camera): So, Art, I've known you for 20 years. Where do we start?
BUCHWALD: Where do you start? We start at a heck of a place. It's a hospice.
(LAUGHTER)
PHILLIPS: He was in a hospice, and laughing about it.
BUCHWALD: I remember the first month, all my buddies showed up, all of them. It was like Radio City Music Hall. They used to say at the beginning, have you seen the Lincoln Memorial and Art Buchwald? Hold over (ph).
PHILLIPS: It's true. When Art decided he'd had it with dialysis, his doctors told him he had less than three weeks to live, so he checked into hospice. Everyone came to say good-bye, Mike Wallace, Ethel Kennedy, Tom Brokaw, Ben Bradley, Walter Cronkite, the Queen of Swaziland, and, yes, me.
No, I'm not one of Art's famous friends. I mean, look at his life. Betty Bacall and Humphrey Bogart persuaded Art's wife, Ann, to marry him. Lucille Ball brought her kids over to visit. Hanging out with Paul Newman, Duke Ellington, and Eddie Fischer, was just another day in the life of Artie.
But I was one very lucky college student given a pretty challenging assignment, interview Art Buchwald, and live to tell about it. The year, 1989, my headline: "Columnist Buchwald: The laughs started here".
BUCHWALD: It was very nice. I hope you gotten an A in it.
PHILLIPS: I may not have received an A on that article, but I did earn something far more invaluable, a friendship, a pen pal, a mentor, and a man that continues to teach me life lessons.
BUCHWALD: I want USC to win a game once in a while. Thank you.
PHILLIPS (on camera): Give me a fight on, Artie.
BUCHWALD: Fight on for USC, ta-da ta-da.
PHILLIPS (voice over): And there he was, in a hospice, a place where people go to die.
BUCHWALD: I find it funny, about all the things that have happened to me since I've been there. It's an unbelievable experience, because after two and a half months, I've had a chance to say good-bye to everybody in my life, everybody. And everyone from my being an orphan, to the salad days, to the Marine Corps, to USC, to Paris, to today, and I've gotten between 3,00 or 4,000 letters now from people.
PHILLIPS: At 81, Art told me, he was having the time of his life, which always included giving everyone he loved a hard time, even his nurses.
(on camera): What do you love the most about him?
UNIDENTIFIED FEMALE: His sense of humor. His sense of humor.
PHILLIPS: Art, what do you love the most about your favorite nurse?
BUCHWALD: She beats me up.
PHILLIPS: You beat him up?
BUCHWALD: Yes. She doesn't give me breakfast and she beats me up.
PHILLIPS: Is that true?
UNIDENTIFIED FEMALE: If you call giving him a good bath beating him up, yeah. Doesn't he look good?
PHILLIPS (voice over): Growing up an orphan, Art used humor to cope. He never imagined it would define his career. He joined the Marines to become a man. He went to USC to become a writer. Then Art bought his one way ticket to Paris to become famous. It worked.
In the next half century, there would be more than 8,000 newspaper columns, more than 30 books, and a Pulitzer Prize. Art checked out of hospice in June, kept writing his column, and wrote one more book, "Art Buchwald, Too Soon To Say Good-Bye." It's still too soon for me, but now, it's time. Good-bye, Artie.
(END VIDEOTAPE) COLLINS: What a great piece. Great memories for the whole country.
HARRIS: Got home late last night, Washington home, at the age of 81.
COLLINS: Good place to go. I'm sure that's where he would have wanted it.
Another story we're watching this half hour, Attorney General Alberto Gonzales in front of the Senate Judiciary Committee, sure to face questions about the Bush administration's sudden reversal on eavesdropping. We'll have a live report coming up in the NEWSROOM
HARRIS: Waiting on a train, or practicing a terror attack? What this man dropped on a subway platform and how authorities responded. That's ahead in the NEWSROOM.
COLLINS: The Missouri kidnapping suspect, before the judge, and now under intensifying scrutiny. Does he hold answers to a 1991 disappearance? A closer look at that, coming up in the NEWSROOM.
(COMMERCIAL BREAK)
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