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NASA Astronaut Arrested on Attempted Murder Charges; Jeffrey Dahmer-Adam Walsh Connection?; New Book Pins Cold Case on Dahmer

Aired February 06, 2007 - 15:00   ET

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


DON LEMON, CNN ANCHOR: Hello everyone. I'm Don Lemon, live at the CNN world headquarters in Atlanta.
BETTY NGUYEN, CNN CORRESPONDENT: And I'm Betty Nguyen, in for Kyra Phillips today.

Failure to launch -- will a NASA astronaut be permanently grounded after an alleged plot to kidnap a romantic rival? That story is still unfolding -- Lisa Nowak scheduled for another court hearing next hour. And we are talking to legal expert Jeffrey Toobin about today's top story.

LEMON: Plus, in a case -- in case you hadn't noticed, it's cold, bone-chilling, teeth-chattering, finger-numbing cold.

(LAUGHTER)

LEMON: In much of the U.S., all of the above. We have got updates and forecasts ahead from the Severe Weather Center.

You're watching the CNN NEWSROOM.

NGUYEN: Well, she soared above the Earth in a space shuttle last summer, but, today, astronaut Lisa Nowak is sitting in a Florida jail, accused of a bizarre kidnapping plot.

CNN's Kyung Lah joins me now from Orlando with the latest on this.

And bizarre may be putting it really nicely, because this one just keeps changing, and it's just one that has a lot of people shocked this afternoon.

KYUNG LAH, CNN CORRESPONDENT: Especially because you're talking about the people who are involved here. These are some of the finest in our society, who either serve in the military, and, in this case, in Lisa Nowak's case, serves in the military and is also launched into space on a space shuttle mission.

This is such an unusual case. She was about to released this afternoon, when the Orlando police -- about to be released on bail -- the Orlando police came in and said, we want to tack on a fourth charge -- that charge being attempted first-degree murder.

So, in about an hour, Lisa Nowak will once again appear in front of a judge, as she was earlier this -- earlier today. (BEGIN VIDEOTAPE)

LAH (voice-over): Astronaut Lisa Nowak stood in a jail jumpsuit, listening to the charges filed against her.

UNIDENTIFIED FEMALE: And does indicates a very well thought-out plan to kidnap and perhaps injure the victim.

LAH: Initially, it appeared Nowak would get out on bail. But then the Orlando Police Department said it was adding a charge of attempted first-degree murder, forcing authorities to keep the astronaut in custody, even after the defense attorney pointed out Nowak's clean history.

DONALD LYKKEBAK, DEFENSE ATTORNEY FOR LISA NOWAK: We have somebody here who is 43 years of age, has a -- an exemplary record of commitment to her career and to this country.

LAH: The police report says, Nowak had some form of a relationship with fellow astronaut Bill Oefelein, and went to Orlando to confront an apparent romantic rival, Colleen Shipman. According to the police report, the astronaut drove 900 miles, from Houston to Orlando, wearing diapers to avoid bathroom stops.

Police say Nowak pepper-sprayed Shipman inside her car in the parking lot of the Orlando airport. Shipman got away and called for help. Officers found Nowak with a trench coat, wig, B.B. pistol, steel mallet, folding knife, large garbage bags, and rubber tubing.

(END VIDEOTAPE)

LAH: Now, as far as the victim in this, Colleen Shipman, according to court documents, she did file a restraining order against Lisa Nowak just yesterday.

And, in about an hour, Betty, we do hope to learn much more about this case, if there is any more evidence that came forward would prompt the Orlando police to file these first -- attempted first- degree murder charges -- Betty.

NGUYEN: Yes, we're waiting on that. But, in the meantime -- you're on the ground there -- have you heard any more about this love triangle, the relationships that were going on here?

LAH: We haven't heard any more. The people who are involved have been very silent.

We did hear from the NASA colonels. Steve Lindsey, he did come out and say that this is a private matter, that, yes, there are criminal charges involved, and this is very serious, but this is something that is private and personal.

So, as -- as far as the three players, we have not heard any more about their direct relationship.

NGUYEN: All right. And, again, we're waiting on that court appearance to take place within about an hour from now. Here is a live look at the Orange County Correctional Center, Kyung, where you're standing in front of. Those attempted murder charges -- or that one attempted murder charge, which we are going to hear more about during the hearing -- and, of course, when it happens, we will take it live, right here on CNN.

Kyung, we appreciate your time.

LEMON: Yes.

And we are using our resources nationwide to try to follow this story.

David Waters is a space correspondent for Central Florida -- Central Florida News 13. He joined us earlier to discuss this strange case, along with CNN space correspondent Miles O'Brien.

Miles talked about the training and evaluations astronauts go through.

(BEGIN VIDEOTAPE)

MILES O'BRIEN, CNN SPACE CORRESPONDENT: An awful lot of training that it takes. A lot of hurdles you have to jump over, Don, of course, before you become an astronaut.

But just to give you a sense of the time frame here. She began her career as an astronaut in NASA in 1996, did not fly until this past summer. So there was ample opportunity all along the way for NASA to evaluate her and her performance.

I should say this, however, though. there is no -- at NASA, there is no routine psychological screening, per se. Astronauts on a yearly basis, annual -- have annual physicals, at which time they are given a physical type of test that you would normally expect, more rigorous than you and I would get, but nevertheless a typical physical.

But the people that do that, the so-called flight surgeons, are not trained mental health professionals. There are a lot of trained mental health professionals.

First of all, she as an active duty member of the United States Navy, a captain in the Navy, has a whole set of rules that are associated with that.

But as far as NASA goes, NASA has always had a hands-off, arms- length kind of approach to fraternization. And there's been, over the years, several couples that have gotten together inside the astronaut corps. And the only rule that has been in place up to date is that a married couple cannot fly together.

And so there is, really, kind of a laissez-faire attitude. And I wonder if this in some way prompt some rule-making changes at NASA, about that sort of fraternization between members of the astronaut corps. It remains to be seen, of course.

LEMON: And, Miles, what about the other two players in all this, Colleen Shipman and Bill Oefelein? You -- have you interviewed either of these people before?

O'BRIEN: Well, Bill Oefelein is somebody who I have met and talked to. Colleen Shipman not. Colleen Shipman is a captain in the United States Navy. She's assigned -- excuse me, United States Air Force. And she is assigned to Patrick Air Force Base, which is the Air Force base that -- there she is -- that is immediately next to the Kennedy Space Center, responsible for supporting shuttle missions as well as other launches. Haven't run into her.

Oefelein is also -- was a rookie who just flew on the space shuttle mission in December, part of the same astronaut class as Lisa Nowak.

DAVID WATERS, SPACE CORRESPONDENT: At this point, it looks like it's very bad news for Lisa Nowak, looks like she would never fly again, obviously, with these serious charges against her.

Of course, NASA's official line at this point is, she is still an active astronaut. And one other interesting thing is, she is assigned to support the next space shuttle mission scheduled to launch on March 15. Her job is to be capcom, the capsule communicator there in mission control, who relays all of the instructions between mission control and the space shuttle. NASA, at this point, will have figure out what to do with that.

(END VIDEOTAPE)

LEMON: And, of course, again, we are awaiting a live court appearance in the court at Orange County Correctional Center. It's expected to happen at 4:00 p.m.

As you know, Lisa Nowak was charged with attempted kidnapping. And then police there in Orlando later filed an attempted murder charge against her. And that is what she is going be going to court for at 4:00 p.m.

We will bring it to you live here when it happens on CNN -- Betty.

NGUYEN: In other news: death on the ground, remorse in the air -- friendly-fire in the early days of the Iraq war captured on cockpit video from a U.S. fighter jet.

The images and sound were under wraps for years, but, now, they're on the Web site of Britain's "Sun" tabloid. The jet was one of two that mistakenly fired on a British convoy in southern Iraq in 2003. A British soldier was killed.

Here are those fateful moments.

(BEGIN VIDEO CLIP) LIGHTENING 34: Roger, POPOV. Hey, be advised that, in the 3122 and 3222 group box, you have friendly armored in the area, yellow, small armored tanks. Just be advised.

POPOV35: Ah, (EXPLETIVE DELETED). Got a -- got a smoke.

LIGHTENING 34: Hey, POPOV34, abort your mission. You have got -- it looks like we may have a blue-on-blue situation.

POPOV35: (EXPLETIVE DELETED)

All right. POPOV35 has smoke. Let me know how those friendlies are right now, please.

MANILA 34: Roger. Standby.

We're getting an initial brief that there was one killed and one wounded. Over.

POPOV35: I'm going to be sick.

We're in jail, dude.

(END VIDEO CLIP)

NGUYEN: The U.S. military investigated and found no wrongdoing. But the British are still on this case.

And CNN confirms, the Pentagon will now release the video to the dead soldier's family and to a British coroner.

LEMON: Yes. We are going to get back to our top story.

So far, she is facing criminal charges, but could she also see military charges? Our legal analyst, Jeffrey Toobin, joins us next in the NEWSROOM with more on the strange story of NASA astronaut Lisa Nowak.

NGUYEN: And a Miami crime writer says he has cracked a notorious cold case. But what do the cops and the victim's now famous father have to say? That is ahead in the NEWSROOM. Did Jeffrey Dahmer kill Adam Walsh?

(COMMERCIAL BREAK)

NGUYEN: Talk about severe weather. Just take a look at this. I can't tell you how many inches that snow is piled up on, but several. You can just see it on the top of that building right there.

This is in Oswego, New York.

Let's turn to Jacqui Jeras now.

Do you know how much snow they have received? I mean, just looking at that, it's several inches.

JACQUI JERAS, CNN METEOROLOGIST: Yes, don't think inches, Betty. actually, think...

NGUYEN: Feet.

(LAUGHTER)

JERAS: ... feet.

(LAUGHTER)

JERAS: Exactly. Yes, there is a little city there called Mexico. And they have had just shy of five feet of snow.

NGUYEN: Oh, my.

JERAS: And this is from Saturday, of course.

This is right off of Lake Ontario. And we have had a strong westerly wind, so that cold arctic air that everybody has been experiencing, from the Midwest to the Great Lakes, that blows over the warmer lake water.

So, it picks up that moisture that's evaporated into the atmosphere. And then it condenses. And you get a little bit of what we call orographic lift once that moves over the land. And you have got the Tug Hill Plateau over there, which provides additional lift. And we get some hefty, hefty snowfall totals.

So, a pretty common thing, but it's a little late in the year. You know, especially Lake Erie usually freezes up by January. And that one is still wide open. So, this is day four where we have been dealing with really heavy snow bands. And these have been putting down between three to four inches per hour throughout the morning today.

So, on top of what you already have, we could be seeing another foot of snow, at least, in the next 24 hours.

Here is Mexico itself. Here is Oswego. They have had 44 inches of snowfall, and Parish, which is right here along I-81, 46 inches of snow since Saturday, and still coming down. But you can see that band has kind of shifted just a little farther on up to the north, so, maybe some of their neighbors could get a little snow.

Here is Lake Erie. Here is Buffalo. They're just getting in on some of the action, too. South of Buffalo is where we're getting some of the heaviest snowfall at this hour.

We don't expect this to be quite as bad as part of Lake Erie. It's frozen, not all of it, but part of it. So, we are still getting the lake-effect snows. We're going to see maybe an additional six inches on top of what you already have here.

So, the lake-effect snow warnings are in place, all the way just north of Syracuse, to the north of the Watertown area. It's going to be pretty rough here. We think this is going to continue for at least another 24 hours, heavy stuff, and then a little bit lighter later on in the week.

NGUYEN: So, many more feet of snow to go, is that what you're saying?

JERAS: Yes. I mean, yes, easily. We could definitely see another foot, maybe another two feet or so. So, when you put that in comparison what is going on today, say, in Indianapolis and Cincinnati, kind of a walk in the park, at least compared to what these guys are getting.

(LAUGHTER)

NGUYEN: Just put it all in perspective for us.

(LAUGHTER)

NGUYEN: Jacqui, thank you.

LEMON: All right.

Now back to our top story -- she is used -- she is used to wearing a bright orange spacesuit, but police in Florida say astronaut Lisa Nowak donned a very different look to confront a romantic rival, a dark wig, glasses, and a trench coat.

Now, let me read some of the affidavit that we just got hear. Nowak faces serious charges in an alleged attack. So, part of the affidavit -- and we're going to bring our Jeffrey Toobin in.

And, Jeffrey, I want to get your -- your response to this. But part of this affidavit that I am -- I want to ask you about is from the respondent here. She says: "She must have researched my information, either using her government contact or her computer, and found my flight information on February 7. And she traveled from Houston, Texas, to Orlando to physically confront and assault me."

This is military. Does it matter? Are -- are military rules at play here? Or is this just civilian courts or -- or legal proceedings here?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: This is almost certainly going to stay in the civilian system. This didn't really have anything to do with their military status. It didn't -- the crime didn't take place on a military base.

Oftentimes, the reason crimes are prosecuted in a military courtroom is that it involves the property of the military, where civilian police don't really have the right to go, under normal circumstances. This took place at the Orlando Airport.

There's nothing distinctively military about the nature of the accusation, so I can't imagine this will wind up in a military courtroom.

LEMON: Well, at first, it was just an attempted assault charge. And, then, police filed another charge of attempted first-degree murder. Why this? Is this -- will this stand? Is this just an attempt to hold her there until they can come up with more evidence?

TOOBIN: This certainly seems to be a bail negotiation device by the police, because, after the original set of charges, including attempted kidnapping, the initial -- the judge at the initial appearance said she could be released on -- I believe it's $15,000 bond...

LEMON: Right.

TOOBIN: ... which is really not that...

(CROSSTALK)

TOOBIN: ... not the much.

The police are unhappy about that. They are going to ratchet up the charges, they say, to attempted murder, which is the kind of crime where a defendant is less likely to get bail.

Obviously, I don't know what happened there. And the evidence, we're just starting get. But, based on the police officer's affidavit, which is a fairly detailed summary of what went on, it does seem rather difficult to sustain a charge of attempted murder, because the only direct contact between Nowak, the -- the accused astronaut, and Shipman, the alleged romantic rival, was pepper spray sprayed through the -- the window of the car.

Now, what the police will probably point to is the fact that, you know, she had a -- a B.B. gun, and -- which -- which is a potential instrument of attempted murder, in her car. Whether the mere possession of that could justify an attempted murder charge seems -- seems a little thin at this point.

(CROSSTALK)

TOOBIN: But, as I say, we don't know all of the evidence in the case.

LEMON: And, Jeffrey, I want to read another part of the affidavit, because it may -- the flight risk may come in here, even though she was supposed to wear a satellite tracking device.

"Ms. Nowak drove 900 miles, urinated in diapers, so she did not need to stop, stayed at a hotel, paid cash, stealthily followed the victim while in disguise, possessed multiple deadly weapons at a time she confronted the victim."

Even though she was going to wear a satellite tracking device, it that appears that they may have been using this, if you read the affidavit, to say that she might be some sort of flight risk, because she made such huge plans?

TOOBIN: You know, judges always look at two factors when they are deciding bail.

One is risk of flight. And the other is danger to the community. Nowak presents a peculiar combination of circumstances here, because, on the one hand, she's an astronaut. Who is more respected and admired and rooted in the community? And she is married with three children. So, that is someone who is obviously not someone ordinarily who would be a flight risk.

LEMON: Yes.

TOOBIN: However, if you look at the extremely bizarre circumstances under which she was arrested, including the disguise, including, you know, the unforgettable fact about this case, the diapers, you -- you think, this is a woman who does present some sort of risk of flight...

LEMON: Yes.

TOOBIN: ... and potentially a danger to the community. That's why it appears that the prosecutors are going back to the judge, saying, the first round of bail hearing was unsatisfactory to us. We want greater security. We want to keep her locked up.

LEMON: And...

TOOBIN: So, you know, we will see, at 4:00 Eastern, what -- what the judge does.

LEMON: And, Jeffrey, military law and civilian law are two different things sometimes with this. We're talking about two other people who are involved here, both of them in the military.

Do you have any idea? Can you shed light on what may happen to them and their careers as well?

TOOBIN: Well, Don, I'm going to go out on a limb and say this is not going to be good for anybody's career.

(LAUGHTER)

TOOBIN: But the -- whether anybody gets prosecuted is another -- another story.

LEMON: And, Jeffrey...

TOOBIN: I mean, certainly, Ms. Shipman, she doesn't seem to appear to have done anything wrong, as far as I'm aware. I mean, she seems to be purely a victim.

Now, one of the oddities about the military judicial system is that adultery is -- is an actual military criminal offense.

And it is sometimes...

LEMON: Well, the reason I ask you that...

(CROSSTALK)

TOOBIN: It is sometimes prosecuted. So, if, in fact, the man, the astronaut at -- at the center of the love triangle, really was having this affair, potentially, that could -- he could be prosecuted for that.

LEMON: The reason I ask you that is because our Miles O'Brien, who you know knows all things NASA, when it comes to space.

TOOBIN: Right.

LEMON: And he says there is sort of a lax rule when it comes to fraternization. So, I'm just wondering, you know, if the rules are that lax, then, there may not be any grounds for prosecution with any of this.

TOOBIN: Well, it is certainly rarely prosecuted.

And I am going to go out on a limb again and say it probably occurs a lot more than it is prosecuted. But one of the things we always know about high-profile cases is that the normal rules sometimes don't apply. There's going to be a lot of scrutiny to this situation, because of its bizarre facts.

LEMON: Yes.

TOOBIN: The military may feel more obligated to proceed than -- than -- than it would in normal circumstances.

But, obviously, everyone on all sides should take some time, do an investigation, see what really happened here, and see if any -- any -- any charges need to be filed.

LEMON: And, Jeffrey Toobin, we want you to come back off those limbs. They're really heavy today with all that...

(CROSSTALK)

TOOBIN: Yes, I know.

(CROSSTALK)

TOOBIN: I'm making some risky predictions here, Don.

(LAUGHTER)

LEMON: Jeffrey Toobin, thank you so much.

TOOBIN: OK.

(LAUGHTER)

NGUYEN: Well, in other news, looking for a few good men and -- what the heck -- maybe a few not-so-good ones. That's right. You heard me correctly -- military recruiters feeling the pinch and relaxing the rules. We will talk about that in the NEWSROOM.

(COMMERCIAL BREAK) NGUYEN: So, how snowy is it in Cincinnati, you ask? Well, just take a look at the left side of the screen there.

(LAUGHTER)

NGUYEN: I'm just looking at that, you can tell.

(CROSSTALK)

LEMON: And that's Cincinnati on the left, you said, Betty, right?

NGUYEN: On the left, right there.

LEMON: And that is live. And that is...

NGUYEN: It's coming down.

LEMON: It looks cold and there is no sun and there's no color.

NGUYEN: And it doesn't look like it's going to be clearing up any time soon, does it?

(CROSSTALK)

LEMON: And what is on the right side? Is that Indianapolis?

NGUYEN: That is Indianapolis. Folks on the roadways don't seem to be slipping and sliding . That is the good news there, but obviously coming down there, too.

LEMON: Hey, Jacqui, what are the temperatures in these two cities?

JERAS: Indianapolis is 12 above. Feels like three below.

NGUYEN: Oh, my.

JERAS: Cincinnati a little bit better at 16 and six -- so, yes, it's certainly very cold, you know, the snow coming down very heavy. We think there will be probably be a little more snow in Cincinnati, four to eight inches expected, possibly some local heavier amounts -- Indianapolis expecting to pick up three inches-plus, maybe as much as six there.

Same Alberta clipper system moving on through the region -- a lot of people probably trying to get home from work yet, and things are going to get worse before they get better. So, the earlier they leave, the better off they're going to be.

NGUYEN: Good advice.

Jacqui, thank you. We will be talking to you shortly.

JERAS: OK. NGUYEN: Well, he was named executive producer of "The Today Show" at the age of 26. Just think about that for a moment. Less than now two decades later, Jeff Zucker is taking over the network.

Yes, Susan Lisovicz is in the New York Stock Exchange with a look at this quick ascent to the top.

Susan, it is really remarkable.

SUSAN LISOVICZ, CNN CORRESPONDENT: Remarkable.

He was actually here at New York Stock Exchange last year when -- when "Will & Grace," their last night on the air. And he came with the cast, and seemed like a really nice guy. Of course, hey, what is wrong with being...

NGUYEN: Apparently, he's doing something right.

(LAUGHTER)

LISOVICZ: What's wrong with being Jeff Zucker these days?

NGUYEN: Nothing at all.

LISOVICZ: He is 41 years old. He is the new CEO of NBC Universal, succeeding Bob Wright.

Zucker joined NBC more than 20 years ago as a researcher for the network's Olympics coverage. From then, it was a quick ride to the top. He led NBC's biggest moneymaker, "The Today Show," during its most successful stretch. Zucker is also credited with signing Donald Trump for the reality series "The Apprentice," and squeezing extra years out of the cast of "Friends."

Most recently, Zucker served as chief of NBC's TV unit. Zucker once told "BusinessWeek" magazine that NBC is -- quote -- "like the New York Yankees. In the end, we're always on top."

And, now, that's something that Jeff Zucker can say about himself -- Betty.

NGUYEN: Absolutely.

I mean, he did a lot with Katie Couric. He did a lot with "The Today Show."

LISOVICZ: Exactly.

NGUYEN: But now NBC has lost some of those blockbusters, like "Friends, "The West Wing." So, Zucker has got some big challenges in prime time.

LISOVICZ: That's right.

And one of the reasons why I think that he has been appointed is not only his -- his resume, which is very impressive, by any standard, but his -- he's -- his youth. He understands this new digital age. His number-one priority is to boost ratings, especially in prime time.

After "Friends" went off the air a few years ago, NBC dropped from number one to last place among the four major broadcasters. With new shows like "The Office" and "Heroes," NBC is showing signs of life. But Zucker will have to keep that up.

And, of course, don't forget the digital world. In the age of YouTube, Internet content is increasingly important.

On Wall Street, well, early losses have been erased. We're talking about some modest gains. Checking the numbers, the Dow industrials are on the plus side in the final hour of trading. The Nasdaq composite, meanwhile, is up two points, very modest gains. But at least they are gains.

And that's the latest from Wall Street. I will be back in 30 minutes for the closing bell.

You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

LEMON: Hello everyone. I'm Don Lemon live in the CNN world headquarters in Atlanta.

NGUYEN: And I'm Betty Nguyen filling in for Kyra Phillips today.

Lisa Nowak practically had one foot out of jail, but then came a new charge and, soon, a second court hearing. We're keeping tabs on the astronaut accused of attempted first-degree murder. You're in the CNN NEWSROOM.

By now, you've probably heard about this story from space explorer to suspect. This is NASA astronaut Lisa Marie Nowak in happier times on the left and on the right, the man police say she was interested in, a fellow astronaut, Bill Oefelein.

Police say Nowak drove 900 miles from Houston to Orlando to confront a woman she believed was a rival for Oefelein's affection. And now Nowak is facing very serious charges, including attempted first degree murder, attempted kidnapping and battery. She appeared in a Florida courtroom earlier today. Nowak's supervisor at Johnson Space Center in Houston was there as well to offer support.

(BEGIN VIDEO CLIP)

COL. STEVE LINDSEY (RET.), NASA, CHIEF OF ASTRONAUT CORPS: We're here representing NASA and our primary concern is Lisa's health and well being, make sure that she's safe, make sure we get her through this and we get her back to a safe place with her family.

This is a private, personal matter. It's a legal matter that she and her family have to deal with. Our primary concern is, again, her health and well being and safety. And we're down here supporting her like we would any employee at NASA if they were to get into this situation. We're a close family, and we try to take care of our own. I can't comment on her status of NASA or the status of her legally. Those are ongoing things and we'll let the process work in those areas. So I don't really have any comments about that.

Our primary purpose is to take care of Lisa and deal with this matter.

QUESTION: Are you able to talk whether or not there were any kind of rules forbidding a relationship like this?

LINDSEY: I can't comment on any of the ongoing investigations. I don't have enough information to provide to you. It's my job, I knew her well, I've flown with her. She did a fantastic job on the mission. She's been a great astronaut for all of the years that I've known her. So, we want to deal with it and we want to take care of her.

QUESTION: Is it tough for you to see her in this position?

LINDSEY: Well, I mean, it's certainly a position that none of us want to be in. I know she doesn't want to be in it. I don't want to get too much more into it because, again, the primary focus is Lisa. I can't really comment about status with her.

QUESTION: Are these accusations characteristic of Lisa?

LINDSEY: Again, I don't want to comment on anything that's going on here I don't want to get give any more details. Let's let the process work.

QUESTION: Has NASA ever had to conduct their own investigation like this, anything criminal happening?

LINDSEY: I can't comment on that and not to my knowledge, so I don't know. She was a mission specialist on the flight, flight engineer. One of our primary robotic operators. She operated the robotic arm both on the shuttle and space station, also acted as flight engineer, assisting myself and the pilot in flying the vehicle.

I think that's all for now. Again, our primary focus is her health and well-being and taking care of her, keeping her safe, getting her with her family so they can deal with this very private and difficult matter. Thank you very much.

(END VIDEO CLIP)

LEMON: Well, do you have the right stuff? Does anybody have the right stuff? What does it take to fly into space? Well here's a check of what it takes to be an astronaut.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The standards are high. The competition, tough. Every two years, about 3,500 aspiring astronauts go head-to- head for about 20 slots as mission specialists or pilots. First, just to be selected as an astronaut candidate, you must be a U.S. citizen and you must have a bachelor's degree from an accredited institution in engineering, biological science, physical science or math. An advanced degree is desirable.

If your dream is to be a shuttle pilot, you must have at least 1,000 hours flying time in a jet aircraft. There's no specific age requirement, but the average age for astronauts selected in recent years has been 34.

NASA says candidates must be motivated team players and have the ability to adapt quickly to changing situations. Even if you're selected as an astronaut candidate, there is no guarantee you'll make the cut as an astronaut. You first must survive one to two years of rigorous training, including psychological training. Examples including swimming 75 meters in a flight suit and tennis shoes without stopping and tread water for 10 minutes.

There is a height requirement. No shorter than 4'8, no taller than 6'3. At present, a majority of astronauts are civilians. Civilians selected into the program become federal employees and are expected to serve for five years. As for pay, salaries for astronaut candidates range from about $56,000 to $104,000 a year.

(END VIDEO CLIP)

LEMON: Lisa Nowak has another court appearance today to face those charges -- an added charge of first-degree attempted murder in this case. That hearing is expected at 4:00 and we'll bring it to you right here on CNN.

NGUYEN: Well with wars in Iraq and Afghanistan and a presidential order for a bigger act of military, the Pentagon is pushing hard to meet its recruiting goals. Already it's had to make some concessions that had some Americans very worried. With more on that, let's go now to CNN's Randi Kaye in New York. Talk to us about these concessions, Randi.

RANDI KAYE, CNN CORRESPONDENT: Well Betty, we've been investigating this for months and what we found is criminals, including felons, are being allowed to serve in the military. Now the military acknowledges this is the case. In fact, a longtime Pentagon consultant told me last year alone, the army enlisted close to 1,000 people with felony records.

Citing evidence from 1995 which is the last time the Pentagon actually matched criminal records with personnel records, the consultant found soldiers with convictions were given clearance to work with classified and top-secret information, even with a nuclear missile team.

Now, none of these soldiers had their clearance revoked until years later. In our investigation, we looked closely at the case of Bob Gidding, an army reservist from California. He pleaded guilty to felony arson after dousing a man's car with gasoline and setting it on fire. He thought the man was having an affair with his wife. Gidding was sentenced to five months in prison and three years probation and was barred from owning or possessing a gun, but the judge actually allowed Gidding to ship out for active duty before serving his time in prison and the army reserve went along with it, even though getting told his officer he had been convicted of a felon of a felony.

(BEGIN VIDEO CLIP)

KAYE: So here you have a felon who's charged with upholding the law and given a gun to do so.

ROSE GIDDING, BOB GIDDING'S WIFE: Right.

KAYE: Did it concern you?

GIDDING: It concerned me a lot because he would tell me over the phone things about how he didn't like this person and he could shoot them there because they were in Kuwait and it was just desert and no one would know.

GEN. PAUL MONROE, FORMER HEAD, ARMY NAT'L GUARD: As soon as they discovered this guy is a felon, even if he's already in Iraq, they should have arrested him, packed his bags and sent him back.

(END VIDEO CLIP)

KAYE: Well instead, Gidding was called back to Iraq for a second tour and promoted to military police officer, a job that requires him to carry a gun.

It's not clear whether the judge waived his ban on Gidding possessing a gun. The army reserve declined comment on why Gidding was allowed to continue to serve, saying to do to would be illegal.

Now as you know, military discipline has long been credited with turning around troubled youngsters, but the military insists it is not a substitute for rehabilitation by the criminal justice system. But still, the Army says soldiers who commit a felony after they've enlisted can continue to serve if a military adjudicator lets them stay.

NGUYEN: So, what about background checks? Don't they do those? I mean, would that help avoid this problem?

KAYE: Well, you'd certainly think it would. But, actually, we talked with a Pentagon consultant, Eli Flyer (ph), who says he first recommended routine background checks 20 years ago. But he says the military still isn't doing them, except when reviewing security clearances or maybe considering a promotion.

NGUYEN: And What is Bob Gidding's status now with the Army Reserves?

KAYE: We check on that, Betty, and he is still an Army Reservist living in California and available for deployment.

NGUYEN: What an eye-opener here. Randi Kaye, of course we're going to learn much more story about this story on "ANDERSON COOPER 360".

We thank you for your time.

That show is at 10:00 p.m. Eastern. Don't miss it.

LEMON: A Miami crime writer says he's cracked a notorious cold case. But what do the cops and the victim's now famous father have to say about it? Ahead in the NEWSROOM: did Jeffrey Dahmer kill Adam Walsh?

(COMMERCIAL BREAK)

NGUYEN: He was a murderer, a monster with a long list of victims and a longer list of disgusting desires. Now 12 years after Jeffrey Dahmer's violent death and more than 25 years after Adam Walsh's, the two are being linked by a new book. Expanding on some reports we brought you yesterday, here is Patrick Fraser of CNN affiliate WSVN in Miami.

(BEGIN VIDEOTAPE)

PATRICK FRASER, WSVN CORRESPONDENT (voice-over): In July 1981, a little boy was kidnapped from a Hollywood mall. As south Florida searched for him, his family begged for him.

JOHN WALSH, ADAM'S FATHER: He's our only child, a beautiful little boy. We just want him back more than anything.

FRASER: But John Walsh never got Adam back. Six weeks later, Adam's head was found in a canal near the Florida turnpike. His body was never found.

Two years later, a miserable drifter named Ottis Toole twice confessed to killing Adam and twice bragged he made it up.

OTTIS TOOLE, CONVICTED MURDERER: That Adam Walsh case isn't -- ain't true.

UNIDENTIFIED MALE: What isn't true? Tell me.

TOOLE: I didn't do that case.

FRASER: Toole was never charged in Adam's murder. And for 26 years, the search has gone on for answers.

ARTHUR HARRIS, AUTHOR: I just spent a lot of time going through and seeing -- looking for mistakes, looking for clues.

FRASER: Crime reporter Art Harris has spent several years digging into the Adam Walsh case and has now come to a conclusion.

(on camera): Your conclusion? Who killed Adam Walsh?

HARRIS: I believe Adam Walsh's killer is Jeffrey Dahmer. FRASER (voice-over): Jeffrey Dahmer, one of the most infamous serial killers in American history, who admitted to murdering, beheading and eating many of his 17 victims.

(on camera): But all of Dahmer's victims were in Ohio or Wisconsin. Or were they?

You see, in 1981 Jeffrey Dahmer was living right here on Miami Beach off 174th Street, 20 minutes from the mall where Adam was kidnapped. In fact, Dahmer may have been at the mall at the exact moment Adam was grabbed.

What have you done that proves Jeffrey Dahmer could have been the killer?

HARRIS: It starts with the two witnesses at the Hollywood Mall.

WILLIS MORGAN, WITNESS: He looked at me. And when I didn't answer him, he got this crazed look on his face.

FRASER: One of those witnesses who says he saw Dahmer is Willis Morgan. He has never spoken on camera before about the person who confronted him as he stood in the Hollywood Mall the day Adam was kidnapped.

MORGAN: And then he came into the RadioShack and he came right up to me about arm's length. I could have reached out and touched him. And he repeated really loud, like he was standing 15 feet away or even more, "Hi there, nice day, isn't it?"

FRASER: When Willis ignored the man, he walked away. Willis was suspicious and followed him.

MORGAN: I followed him right to the toy department. I saw him walking into the toy department.

FRASER: The toy department at Sears was where Adam's mother had left him to play. Willis went to the Hollywood police to report his encounter, but they never interviewed him. And Willis didn't realize who he had seen for ten years, until he saw a newspaper story about a serial killer being captured.

MORGAN: I was freaking out. I could hardly function. I couldn't work for the rest of the night.

FRASER: The face from that paper was Jeffrey Dahmer, the guy who confronted Willis, the guy he followed into the toy department.

MORGAN: Because I knew this was the guy.

FRASER (on camera): That's the guy you saw at the mall?

MORGAN: Oh, yes, absolutely.

BILL BOWEN, WITNESS: That day, around noon, a little after. FRASER (voice-over): Bill Bowen was walking into Sears about the same time Willis saw Dahmer go in there. Bowen, who has also never spoken on camera, saw a man and a little boy struggling.

BOWEN: The little boy was saying, "I don't want to go. I'm not going." And he proceeded to take the little boy and literally throw him by one arm into a blue van and then he sped off.

FRASER: Bill assumed it was a man and his younger brother, but, like Willis, he reported what he saw that day to Hollywood police. However, nothing came of it until ten years later when, like Willis, he saw a man's face in the newspaper.

BOWEN: That Sunday in 1991 when the picture of Dahmer came out, it hit me like a baseball bat.

FRASER: Two witnesses who believe they saw Jeffrey Dahmer at the mall the day Adam was kidnapped.

And there's another link to Dahmer. The kidnapper left in a blue van. Dahmer worked at a sub shop where they made deliveries. Harris's research revealed a startling fact about one of the delivery vans.

HARRIS: I learned that there's -- that one of the delivery vehicles where Jeffrey Dahmer worked was a blue van.

FRASER: When Bill and Willis saw Dahmer's picture in 1991, they contacted Hollywood police. A detective went to Wisconsin and interviewed Jeffrey Dahmer, who denied killing Adam Walsh. Detectives believed him then and now.

CAPT. MARK SMITH, HOLLYWOOD POLICE: I'm convinced he didn't do it.

FRASER: Captain Mark Smith has reviewed every document in the Adam Walsh investigation and is not swayed by the two witnesses who told us they saw Dahmer that day.

SMITH: There are people that saw -- say they saw Jeffrey Dahmer. There's more people that say they Ottis Toole.

FRASER: But former FBI Agent Neil Purtell, who interviewed Jeffrey Dahmer about the Adam Walsh case, has a different conclusion.

NEIL PURTELL, FORMER FBI AGENT: I said, "Jeffrey, tell me the truth." He looked away and said, "Honest to God, Neil, I didn't do Adam."

FRASER: Purtell said his years of experience told him Dahmer was lying about murdering Adam Walsh.

PURTELL: In interviewing him I believe he's more than a possible suspect. He's much higher than this, probably responsible, in my mind. FRASER: John Walsh, Adam's father, thinks Ottis Toole is probably his son's killer, but he adds he now wants the investigators to go talk to the two witnesses who think they saw Dahmer at the mall that day.

WALSH: I think the ball is back in the Michael Satt's (ph) court, the Broward prosecutor's court to thoroughly look at this case. Even though it's a cold case, people have come forward who are claiming one thing, who are saying, "We weren't taken seriously back 25, 26 years ago." So I think that they have to look at this case.

FRASER: Who murdered Adam Walsh, the sickening Ottis Toole, the cannibal Jeffrey Dahmer, or someone else who's still you out there?

SMITH: I don't have a good answer for you.

FRASER (on camera): Will this case ever be solved?

SMITH: I'd like to think so.

FRASER (voice-over): Of course, there are two witnesses who will never forget what they saw the day Adam disappeared.

BOWEN: What looked like a very angry young man holding a boy up in the air violently and throwing him into the van and speeding off.

MORGAN: I'm more than convinced, Jeffrey Dahmer, definitely.

FRASER: But Even if Willis is right, it's too late for a conviction. Jeffrey Dahmer was murdered in prison.

HARRIS: It can be resolved. And it can be solved, too. But there won't ever be a trial because he's dead.

FRASER: Twenty-six years ago a wonderful little boy disappeared. Twenty-six years later all we keep discovering are more questions.

Did Dahmer do it?

(END VIDEOTAPE)

LEMON: Live coverage of the arraignment for Lisa Nowak coming up at the top of the hour.

In the meantime, more news straight ahead, right here in the CNN NEWSROOM.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I think we just accidentally kissed.

UNIDENTIFIED MALE: Quick, do something manly!

(END VIDEO CLIP) LEMON: Well, remember that ad from the Super Bowl the other night? Some people found it funny, others did not, including, Neil Giuliano, who is the president of Gay and Lesbian Alliance Against Defamation.

You asked that those ads be pulled and they were. You won't see them anymore. Why is that, Neil?

NEIL GIULIANO, PRESIDENT OF GLADD: Well, we -- it wasn't that ad as much, Don, as the whole series of ads that they had up on their ad campaign website, one of which had a version called "Wrench", where instead of ripping out their own chest hair, one man grabbed a wrench and started to bash the other man, who responded by slamming the hood of the car down on the head of the other guy, and then Mars was actually asking people to vote on which ending they liked the best.

LEMON: So you thought it promoted violence?

GIULIANO: It does promote violence. And it certainly is a portrayal that's not fair or accurate. And it's certainly no way to sell candy bars.

LEMON: Did you think it was homophobic?

GIULIANO: I don't know if it's homophobic as much as it promotes violence. And the whole campaign, we thought, was unnecessary from the standpoint of what they're really trying to do, which is to sell candy bars.

LEMON: There was also a quote that said that you thought -- that you were saddened that NFL players reacted somewhat in disgust when they looked at this.

GIULIANO: Well, obviously, they were playing characters. But it was surprising to me to see some NFL players, two from the Colts, three from the Bears, you know, in different versions of this ad all reacting with kind of in a range, "OK, this is kind of just funny," to verbal disgust and then, of course, the violence that was depicted.

LEMON: Now, what about people who say you can be too politically correct, that this is much ado about nothing. Where is it going to stop? Why would you have an ad like this pulled because it seemed to be just guys playing around and it was funny.

GIULIANO: Well, there are some folks who may find it funny. But there's a whole lot of folks who take it very seriously. And any kind of a portrayal that shows one person slamming a wrench into another person we don't think is very good and we think that's a negative portrayal. And, obviously, the company, you know, Master Foods USA, agreed because they have pulled the ad and the entire campaign.

LEMON: Neil Giuliano, president of the Gay and Lesbian Alliance Against Defamation, known as GLADD, thanks joining us today.

GIULIANO: You're welcome.

LEMON: A new development on that story: that ad has been pulled.

NGUYEN: It surely has.

Time now, though, to check in with CNN's Wolf Blitzer. He is standing by in the "SITUATION ROOM" to tell us what's coming up at the top of the hour.

Hi there, Wolf.

WOLF BLITZER, CNN ANCHOR: Hi, guys.

Thanks very much.

We're following that NASA astronaut at the center of an alleged love triangle. She's due to appear in court any moment now. She's accused of trying to kidnap and kill her romantic rival. We'll have the latest on this fast-developing story. That's coming up in a few moments.

Also, where's the money? That's what Democrats are asking the Bush administration's former top man in Iraq about billions of dollars that are unaccounted for.

And it seems like every day someone new joins the presidential race. The pool of potential GOP candidates is pretty full already, but are conservatives really happy with the choices so far? Maybe not.

And should young girls be required by law to get a vaccine to prevent cervical cancer? Find out why some are saying that goes too far.

All that coming up right here in the "SITUATION ROOM".

LEMON: And, Wolf, if any more people enter that race, that big wall behind you won't be big enough to hold all of the names.

BLITZER: We're going to expand the size of the "SITUATION ROOM".

LEMON: Thanks, Wolf.

NGUYEN: Well, the closing bell and a wrap of the action on Wall Street, that is straight ahead.

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