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Driver Found in Gov. Corzine Accident; Increasing Signs of Strain in Army; How Close Are We To a Draft?; Is Don Imus Singled Out Unfairly?; Michael Nifong Could Be Sued by Duke Players; Custody Battle Over Dannielynn

Aired April 14, 2007 - 14:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: Tornadoes moving through the south right now. Find out where they may hit next. Also, has the U.S. military hit its breaking point? Is reinstating the draft the answer? Plus, Anna Nicole Smith's baby girl, will grandma get custody?
Hello, I'm Fredricka Whitfield and you are in the CNN NEWSROOM. A tornado warning is in effect in Alabama as a dangerous storm system moves into the southeast. The storm is blamed for five deaths so far. It crossed through northern Texas last night downing trees and power lines and destroying a church in the Dallas/Ft. Worth area. And take a look at this i-Report video from Saginaw, Texas, also in the Dallas/Ft. Worth area right there, someone taking those images right outside their home.

Lee Bendix took these dramatic pictures. You can hear the tornado sirens wailing and hail, you can see right there, about golf ball size. Hail hitting the ground and the cars and the houses. Jacqui Jeras in the Severe Weather Center. A whole lot of bad weather within the past 24 hours, something tells me it's not over.

(WEATHER CENTER)

WHITFIELD: Out Of New Jersey now, new details are coming out in the crash that left the state governor Jon Corzine in critical condition. The "Associated Press" says police say they have found the driver involved in that accident. Our Jim Acosta joins us from New York with the very latest. Jim?

JIM ACOSTA, CNN CORRESPONDENT: Good afternoon, Fredricka. It turns out that there might be even more than one vehicle involved in that accident with Governor Jim Corzine. We had heard so much about the red pickup truck. Investigators in New Jersey thought that red pickup truck that as being sought was actually the cause of that accident or crashed into Governor Corzine's vehicle and fled the scene.

Well now it turns out state police have tracked down the driver of that vehicle, that red pickup truck saying the driver of that vehicle will not be charged. Apparently the driver is identified according to the "Associated Press" as a special needs motorist, somebody who works at a nearby Atlantic City casino.

And that red pickup truck was driving erratically down the Garden State Parkway when another vehicle, a third vehicle, involved in this accident, according to the "Associated Press," swerved to avoid the red pickup truck and then clipped Governor Corzine's vehicle, leading to that very terrible accident.

Now, we also have heard more about Governor Corzine's condition. Doctors down in Camden, New Jersey held a press conference just a short while ago saying that Governor Corzine is recovering well, doing better than expected. He underwent one of two scheduled surgeries today. The other surgery is scheduled for Monday. But at this point, doctors are encouraged that he is doing well - Fredricka?

WHITFIELD: And, Jim, those doctors say that he is slowly improving even though he remains in intensive care and stable condition. What about his family members? We know they have been there at the hospital. People in the community have been saying their prayers for the governor. What's the latest how friends and family are coping?

ACOSTA: Well, the family is very worried. They saw how Governor Corzine is really in a terrible state right now. He is apparently not really responding very well in terms of being able to talk or communicate.

He is essentially unaware of what's going on because he is so heavily medicated at this point. But doctors feel like that is part of this process of recovery, that he should come out of that period of recovery and then be able to communicate better perhaps in the early part of next week.

He has another surgery scheduled for Monday, and that point heading forward they should know more about his prognosis. But they feel like he's going to make a full of recovery. It's just going to take weeks, perhaps months for him to get there, Fredricka.

WHITFIELD: All right, very encouraging. And the investigation continues. Thanks so much, Jim Acosta out of New York.

Meantime, turning now to Iraq where dozens more are dead. A car bomb ripped through a crowded shopping area in Karbala this morning killing at least 43 people and then in Baghdad, a car bomb killed at least 10 people there on a bridge. Meanwhile, Senate democratic leader Harry Reid accused President Bush of using a failed strategy in Iraq. He was responding to the president's weekly radio address which attacked Democrats.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I recognize that Republicans and Democrats in Washington have differences over the best course in Iraq. And we should vigorously debate those differences.

But our troops should not be trapped in the middle. They have been waiting for this money long enough. Congress must now work quickly and pass a clean bill that funds our troops. Without artificial timelines for withdrawal, without handcuffing our generals on the ground, and without extraneous domestic spending. (END VIDEO CLIP)

WHITFIELD: The decision by the Pentagon to extend combat tours for active duty soldiers to 15 months is now raising some questions about how much can really be asked of an already stressed out army. The army insists it is not broken, but there are increasing signs of strain. CNN's Jamie McIntyre reports.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN PENTAGON CORRESPONDENT (voice-over): No one in the Pentagon disputes that lengthening combat tours in Iraq and Afghanistan will put more stress on already war weary soldier and their long-suffering families. But critics, including many Democrats in Congress, fear the breaking point is near.

SEN. JIM WEBB (D), VIRGINIA: I think there are limits to human endurance. And there are limits to what families can put up with.

MCINTYRE: The army likes to point to the latest recruiting and retention numbers, which show both the active duty and National Guard are exceeding goals.

GEN. JAMES LOVELACE, ARMY DEPUTY CHIEF OF STAFF: That's an overall great picture for the health of the force.

MCINTYRE: But there are other more ominous trends. Take the number of West Point graduates who are voting with their feet after their five-year commitment is up. Forty-six percent from the class of 2001 decided to get out and 54 percent of the class of 2000.

That's up significantly from the average of 10 to 30 percent. And it amounts to a brain drain of captains, many who have served multiple combat tours and may have burned out.

GEN. GEORGE CASEY, ARMY CHIEF OF STAFF: Clearly it will be something that we'll have to keep a very close eye on. I've watched units be extended for 90 to 120 days. It has not had an adverse affect -- a noticeable affect on a unit.

MCINTYRE: But even strong supporters of the all volunteer force are worried. Senator John Warner issued a warning about the longer tours saying, quote, "We must carefully monitor the possible risks to that system that these extensions may generate."

(END VIDEOTAPE)

MCINTYRE: The army's long-term solution is to get bigger which it's doing by attracting more volunteers, even though most of them know they'll likely go directly to the war zone. One fix that is not being considered is any return to the draft. Jamie McIntyre, CNN, the Pentagon.

WHITFIELD: And we asked one of our CNN military analysts about the possibility of a military draft.

(BEGIN VIDEO CLIP)

DAVID GRANGE, RETIRED BRIGADIER GENERAL (on phone): i don't think the draft politically would be acceptable. Or would it be acceptable to the American people right now.

At least the draft in the old sense of what it looked like. In other words, the old draft, and I remember that from Vietnam, though it goes across section of society, there are loopholes in there, where some people don't have to serve.

It wasn't fair. And I don't think that you can employ a draft. I do think you can employ something like a national service that has people do some kind of citizenry responsibility for at least a year sometime during their younger years. But it's for not just the military, but other public service needs which the whole country could use anyway.

(END VIDEO CLIP)

WHITFIELD: So, what do you think? Express your opinion on a military draft at CNN.com. Cast a quick vote and we'll share some of the results on.

Kathleen Koch at the White House for us today. Kathleen, the military clearly needs more men and women in uniform. So how close are we to a draft?

KATHLEEN KOCH, CNN CORRESPONDENT: Well, according to the White House Bush administration at least for is part, it has long been opposed to bringing back the draft.

A spokesperson i talked with this afternoon says that that position has not changed. I think it's important to look a bit more closely at something that Jamie McIntyre brought up in his report and that's the military saying we are meeting, exceeding our recruiting goals, therefore we're not worried. But it's important to look at what cost.

Last year in 2006 the army had to spend $736 million on retention bonuses to keep soldiers from leaving. That's nearly nine times what it had to spend just in a few years ago, in 2003. Also, it's been forced to at least the army, lower its standards, it's accepting a larger number of recruits who scored low on aptitude tests, didn't have high school degrees or history of drug use or criminal records, Fredricka.

WHITFIELD: Meantime Kathleen, let's talk about something else that the White House is grappling with and that is trying to explain the case of missing e-mails, millions of them seemingly vanished. How could that happen?

KOCH: Fredricka, that's a question and that's what they're trying going to be trying to find out in coming days. There had already been this concern that top presidential advisors had improperly used the service at the Republican National Committee. Just had e-mails that it disappeared, then it turned out that a liberal watchdog group is alleging that starting in March of 2003, over a two-year period, White House e-mail traffic for hundreds of days have also apparently vanished.

It is possible if that did happen that would be a violation of federal law, the presidential records acts. The White House says it is investigating the allegations.

(BEGIN VIDEO CLIP)

DANA PERINO, DEPUTY WHITE HOUSE PRESS SECRETARY: There are allegations there could be days, whole days missing. What I'm saying is we're looking into that, but I would caution people from breaking any broad conclusions about that for the reasons I've stated, which is there's no indication that that would have been intentional. And there are ways that you can find missing e-mails. And that's one of the ways they do that. I'm not a technical expert, but they have the expertise on that.

(END VIDEO CLIP)

KOCH: To that end, Perino did say that White House counsel Fred Fielding called the top lawmakers yesterday on the Senate Judiciary Committee Friday to agree to that committee's request to have input into picking this independent computer expert to figure out what may have happened to those e-mails.

Hill and White House staffers will begin meeting on that early in the week. As to why it's so important to find and preserve these e- mails, it's important for not only historical reasons but also in the case of investigations.

For instance, the recent firing of the eight U.S. attorneys and also the CIA leak case involving Scooter Libby. In fact, it was the special prosecutor in that case, Patrick Fitzgerald, who disclosed himself last year that he had found some White House e-mails from 2003 were not saved as standard procedure required.

Democrats, Fredricka, obviously have a lot of questions about it and are worried that something very important to these investigations may have been lost.

WHITFIELD: All right, thanks so much, Kathleen Koch at the White House.

KOCH: You bet.

WHITFIELD: The debate over Don Imus. How does the country feel about the man and the words that got him fired? A new CNN poll just might surprise you.

Also, hip hop, plenty of people say it degrades women. Producers call it art. Is there a double standard? We take a closer look in the NEWSROOM.

(COMMERCIAL BREAK) WHITFIELD: Happening now, flash floods kill at least 27 people in Thailand. Rushing waters poured from the tops of at least two waterfalls and pools below were filled with tourists. Many of them swept away.

Jurors hearing Saturday testimony in the Mary Winkler murder trial. She is charged with shooting her husband, a Tennessee preacher. Winkler's oldest child expected on the stand today.

And former chess grandmaster Gary Kasparov arrested today as he tried to lead an anti-government march in Moscow. Kasparov in recent months he has been a vocal critic of Russian President Vladimir Putin.

Don Imus is banished from both television and radio at least for now. But that hasn't stopped people from talking about him or his comments about the Rutgers University women's basketball team. In a new CNN/Opinion Research Corporation poll there was condemnation across racial lines, 55 percent of whites and 68 percent of blacks called the remarks offensive. 28 percent of whites and 17 percent of blacks simply called them inappropriate.

Only six percent of whites and seven percent of blacks said there was nothing wrong with what Imus said. The Imus controversy is getting some play on the presidential campaign trail as well. Earlier this week, Democratic presidential candidate Barack Obama criticized Imus for the offensive comments about black women.

Now he says he is also concerned about similar lyrics in rap music. Meanwhile, Republican presidential candidate Mike Huckabee says Imus was wrong. But the former Arkansas governor suggested if Imus deserves to be fired, others do, too.

(BEGIN VIDEO CLIP)

MIKE HUCKABEE, REPUBLICAN PRESIDENTIAL CANDIDATE: That was a decision that the networks had to make. I think if Imus is going to get fired than there's a lot of other people that need to go out the door. Rosie probably has got to go. Bill Maher has to go. Gosh, half of talk radio and television has to go.

(END VIDEO CLIP)

WHITFIELD: One other comment worth noting, not from a presidential candidate but from this woman. One of the most prominent black women in this country and powerful in the world, Secretary of State Condoleezza Rice called Imus's remarks disgusting and she said she is glad there was some consequence.

So is Don Imus being singled out unfairly? Let's take a closer look at one of the issues that is being raised. The charge that some hip-hop music lyrics and videos demean black women. Here is CNN's Tom Foreman.

(BEGIN VIDEOTAPE)

DON IMUS, TALK RADIO HOST: If they're going to go in and clean out --

TOM FOREMAN, CNN CORRESPONDENT (voice over): If you were disturbed by what Imus said, cover your ears.

UNIDENTIFIED MALE: Going to back that thing up or should I push --

FOREMAN: Top-selling rap artists use the same words all the time, glorifying violence, drugs, promiscuity, and denigrating women. Imus was fired, but listen to what people close to the hip-hop world are saying about rappers.

CORY "COCO BROTHER" CONDREY, HOST OF SPIRIT OF HIP HOP RADIO ONE: I think what has to happen is we've got to actually stand with them, you know, not beat them upside the head, not judge them, but just stand with them and actually walk with them.

FOREMAN: Russell Simmons the legendary music producer, issued this statement "Hip-hop is a worldwide cultural phenomenon that transcends race and doesn't engage in racial slurs. We are concerned about the false comparisons between Don Imus and hip-hop. Hip-hop artists rap about what they see, hear, and feel around them."

But researchers say rappers are also shaping their world. A study by the Prevention Research Center, which studies health issues, found that young fans of rap and hip-hop are more likely to have problems with alcohol, drugs, and violence. And the black youth project at the University of Chicago found that African-American kids themselves overwhelmingly say rap songs portray black women in offensive ways. So others are now asking, should Imus be the only one held accountable for airing such words?

MICHAEL HARRISON, "TALKERS" MAGAZINE: Why don't we fire all the executives at all the record companies who have been signing and promoting all of these rap artists who have been saying these insulting words about African-Americans and women for all these years?

PAUL PORTER, INDUSTRYEARS.COM: No doubt about it, we should hold everybody accountable. And most of the times, the thing that gets overlooked is the corporations. I mean, corporations are the ones who are profiting from this.

FOREMAN: If the issue was Don Imus and a few ill-chosen words, the story is done. But if the issue is many others saying the same words and worse to much bigger audiences, the story is just beginning.

Tom Foreman, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: On our Web site, let's talk about some of the most popular stories. Prince William, come back and find out why.

And our Reynolds Wolf is in a sea of robots. What's that all about, Reynolds? REYNOLDS WOLF, CNN METEOROLOGIST: It's about a lot of things. It's a little bit crazy. It's a whole lot interesting and even kind of bizarre. We're talking at the 2007 first robotics competition here at the Georgia dome in Atlanta. It's a wonderful event. We're going to tell you all about it coming up in just a few moments.

(COMMERCIAL BREAK)

WHITFIELD: So here are a few of the popular stories on CNN.com. Splitsville for Wills and Kate? Well, it could be. A British tabloid says the prince and Kate Middleton are going their separate ways after four years. The glare of the spotlight and William's military commitment apparently said to be taking heavy tolls on love.

Go ahead, soup up his ride. California Governor Arnold Schwarzenegger appearing on an Earth Day edition of the MTV show this month. A '65 Chevy is rehabbed to run on alternative fuels and the governator says a green car is not a girly car.

And look at what some Chicago area parents got in the mail. Maybe you don't want to look. It's a DVD showing their elementary school principal taking part in extracurricular activities with a teacher. The tape gets much racier than this. Both have since resigned and police are trying to figure out if the two can be charged with a crime.

You may want to take a look into the future. In Atlanta today, thousands of students from around the world are actually in town showing off their prized robots. Our Reynolds Wolf is there. He's covering the competition and you have seen it all. OK, now we have seen it all. What you got going on there?

WOLF: Give me your honest opinion, what do you think of the hat?

WHITFIELD: It's really.

WOLF: Do you really? Striking? It is very orange. It just a sample of some of the things we've seen. We've seen creative costumes from a lot of the kids here, but also seen many creative robots.

That's what this is about. It's 2007 first robotics competition where you have kids from not just across the United States, but across the world that six weeks ago began with just a can of tools and some great ideas and a lot of ingenuity and a lot of teamwork and they put their robots together and they are competing them right here at the Georgia Dome.

It's been a wonderful event and a very colorful event, too. It really has been. We've been lucky to have the opportunity to speak to so many great kids from across this great land. We have a couple of them right here with us. They're from Rochester, New York. What's your name?

MEREDITH EMERSON, STUDENT: Meredith.

WOLF: OK Meredith, and your name is? CASEY SUKHAVONG, STUDENT: Casey.

WOLF: And tell me, where do you go to school?

SUKHAVONG: We go to Joseph C. Wilson magnet high school in Rochester, New York.

WOLF: Tell me about your robot. I've seen so many great robots out here. What's special about yours?

EMERSON: Well, we acquire ringers, which are inner tubes, and we can score them on all three levels of the rack. So we're a power house pretty much. We like to call ourselves that at least.

WOLF: I'm sure you do. Have you had the chance to make a lot of friends since you've been here?

EMERSON: Oh, definitely. You can't help but get caught up in the spirit and meet new people from everywhere, even different countries across the world.

WOLF: What do you like most about this competition?

SUKHAVONG: Well, the atmosphere, the people, it's so spirited. We're all graciously professional. Like if we lose, well, we'll cheer on the winning team and we don't mind if we lose or win. It us doesn't matter. It's all about the people and the experiences we gain.

WOLF: Thanks, guys, so much. Congratulations on all the great things today and all the friends you've made. That's really a big part of this competition, is not the winning, the losing, it's the teamwork and really good showmanship and it's just a great event.

It's still going on. This is going to conclude this afternoon around 5:00 local time and we're going to have the winners for you. So you're going to want to sit tight and we'll bring all that to you.

WHITFIELD: I'd like to see that.

WOLF: Without the hat this time.

WHITFIELD: Oh, OK. Well, it was cute, kind of Dr. Seuss-like.

WOLF: Good question, good question.

WHITFIELD: All right.

WOLF: I'll bring this back for you, Fred.

WHITFIELD: OK, I can't wait. Folks are being really inventive out there and we applaud them for that, Reynolds. And we applaud you, too, for being brave enough to wear that hat. All right, thanks a lot.

All right, well here's something we're going to tackle after the break. Are the legal issues over in the Duke rape case? And in the Anna Nicole Smith custody smith case as well? That's our legal discussion straight ahead in the NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: Don't you love this time of year? It is cherry blossom time in the nation's capital. And here's a look at today's parade where Washington's Cherry Blossom Festival is now ending this weekend.

And perhaps not a minute too soon because a storm system that dumped rain, hail and snow on the plains is now heading east. Likely to knock all those petals off the cherry blossoms around the basin. Temperatures could dip into the 30s late tomorrow as well.

Jacqui Jeras in the Weather Center. Have you had a chance to see the cherry blossoms in the tidal basin there in Washington ever before?

JACQUI JERAS, AMS METEOROLOGIST: I've seen pictures but I've never been able to be there in person during the festival.

WHITFIELD: It's so beautiful. You've got to do it at least once.

JERAS: The pictures alone are breathtaking. Aren't they?

WHITFIELD: Yes, they really are.

(WEATHER REPORT)

WHITFIELD: Well for more than a year, three young men lived a nightmare. They said so, facing up to 30 years in prison for a crime they didn't commit. Our legal experts will be here in a moment to discuss the case.

But first, CNN's Jason Carroll brings us up to date.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): The three former Duke lacrosse players along with their families, finally heard what they had insisted from the beginning, was the truth.

ROY COOPER, NORTH CAROLINA ATTORNEY GENERAL: Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges.

CARROLL: During an emotional news conference, the three players described what it feels like to be publicly vindicated.

DAVE EVANS, FMR. DUKE UNIV. LACROSSE PLAYER: It's been 395 days since this nightmare began. And finally today, it's come to a closure. COLLIN FINNERTY, FMR. DUKE UNIV. LACROSSE PLAYER: Knowing I had the truth on my side was really the most comforting thing of all throughout the past year.

CARROLL: Colin Finnerty, Dave Evans, and Reade Seligmann never wavered from their original statements to police that they had not raped an exotic dancer hired to perform at a team party last spring.

READE SELIGMANN, FMR. DUKE UNIV. LACROSSE PLAYER: This entire experience has opened my eyes up to a tragic world of injustice I never knew existed.

CARROLL: The rape charges had already been dropped but in a dramatic news conference, Attorney General Roy Cooper said he was also dismissing the remaining kidnapping and assault charges.

COOPER: We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations.

CARROLL: Cooper called Michael Nifong, the Durham district attorney who originally brought the case a rogue prosecutor who had over-reached his authority.

COOPER: The Durham district attorney pushed forward unchecked. There were many points in this case where caution would have served justice better than bravado. And in the rush to condemn, a community and a state, lost the ability to see clearly.

CARROLL: Defense attorneys also criticized how the media initially covered the case.

JIM COONEY, ATTORNEY FOR READE SELIGMANN: If they had done what journalists are supposed to do and spoken truth to power, they could have slowed this train down.

CARROLL: But the harshest criticism was leveled against Nifong who had publicly criticized the players for months. But then when the allegations began unraveling, asked the attorney general to take over the case. Nifong now faces ethics charges on allegations he mishandled the case and kept exculpatory evidence from the defense. Nifong hasn't publicly responded to those allegations.

Reade Seligmann says Nifong didn't do enough to uphold the moral obligations of his office.

SELIGMANN: If police officers and a district attorney can systematically railroad us with absolutely no evidence whatsoever, I can't imagine what they'll do to people who do not have the resources to defend themselves.

CARROLL: Defense attorneys say the final act of justice should be to remove Nifong from office and have him disbarred.

Jason Carroll, CNN, Raleigh, North Carolina.

(END VIDEOTAPE) WHITFIELD: And the day after the three young men were exonerated, District Attorney Mike Nifong issued a carefully-worded apology to them. He also took issue with some of the criticism that he has been facing. And as we just reported, Nifong now faces ethics charges and possible legal action from the former Duke lacrosse players. Let's see what our legal experts have to say about this high-profile case.

Avery Freeman is a civil rights attorney and law professor, good to see you, Avery.

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

WHITFIELD: And Richard Herman is a New York criminal defense attorney and law professor. Good to see you as well, Richard.

RICHARD HERMAN, LAW PROFESSOR: Hi, Fred.

WHITFIELD: I know you guys are chomping at the bit because if my memory serves me right, both of you were in unison on this saying that these criminal charges will not only be dropped but there will be ethics charges that will be pursued against the district attorney.

So, Richard, why don't I begin with you. And give us an idea of just how and why these ethics charges will move forward.

HERMAN: Fred, his lawyers made a motion to dismiss the ethics charges which were summarily dismissed by the grievance committee down there. This man is going to get convicted of ethics charges, he's going to get sued civilly and rightfully so, and he's going to get hammered with punitive damages, hopefully millions of dollars in punitive and he should be -- he should be pursued criminally.

This is a criminal. This prosecutor is an animal. He went unchecked. You heard the dialogue from the attorney general. You heard him say, this was a carefully worded speech, Fred. He said this was a rogue prosecutor. And he didn't say, well, we don't have enough evidence, we have insufficient evidence. He said there was no evidence of any crime! It's unbelievable!

WHITFIELD: Wow! Richard, you are fired up about this. Well, what about you, Avery, are you just as --

HERMAN: It's outrageous!

WHITFIELD: Richard, are you just as fired up because Nifong said that he did have DNA evidence, something like more than 18,000 pages worth of evidence. So is this simply a mistake or really was there intent to railroad these guys just as, you know, Dave Evans, one of the lacrosse players or Duke students who put it just that way?

FRIEDMAN: Well, it's certainly more than a mistake. But let's take a look at what the state of the law is. I'm not unsympathetic to many lawyers like Richard who start frothing about it. But the truth is that if you look at what the U.S. Supreme Court has said about rogue prosecutors. A decision was made exactly a year ago in April of 2006, and basically there's been additional case law that will basically hold that if Michael Nifong is sued, it is likely he will be immune.

WHITFIELD: Yes, because aren't there protections when you are a civil servant, when you're working for a candidate or a state?

FRIEDMAN: Yes.

WHITFIELD: Aren't there measures put in place that those individuals cannot be sued?

FRIEDMAN: And that's exactly, Fredricka, what the Supreme Court said. The reality is that there's not going to be a civil remedy. I have great faith in the New York -- in the North Carolina state bar. They're going to do the right thing.

And you know what, Michael Nifong is not going to be disbarred but he may very well be removed from office. And there are going to be serious censures, serious sanctions. But that's going to be it.

So no matter how emotional the issues are, the fact is there's not going to be any civil liability. And there's going to be ethics conviction but it will not result in his disbarment.

HERMAN: Wrong.

WHITFIELD: So then, wait a minute Richard, so he's not disbarred, that means he can work again perhaps just not in this capacity. The North Carolina Bar Association is not intended on putting him out of work completely -- that's not what I'm hearing.

HERMAN: Well, Avery says he's not going to be disbarred. I say he's absolutely going to be disbarred and he's going to be sued civilly because the immunity that Avery is talking about is a qualified immunity and it's based on applicable performance as a prosecutor.

What he did, it does not protect him and provide immunity for suppressing evidence, for -- by lewding police procedures or for violating potential people's civil rights.

FRIEDMAN: That's not what the Supreme Court said.

HERMAN: The 14th amendment, it does not provide protection for that. He did not do that as a prosecutor.

FRIEDMAN: ...resolve this issue. I'm perfectly respectful of the anger that many lawyers feel about the behavior of this prosecutor. But when we look to what the courts have said -- in fact, you know what, since the Nimitz (ph) decision in April, the U.S. Court of Appeals for the 4th circuit involving a North Carolina prosecutor who was a rogue prosecutor was essentially the case against it was thrown out because of not qualified, absolute immunity.

WHITFIELD: So we do know that it's going to be an up hill battle for Nifong. But when you talk about the three Duke -- former Duke, players, talk about trying to pursue them, I would think after 395 days as they put it, of a nightmare, that they may want to just say, you know what, forget it. Let's just move on with our lives, forget with even trying to pursue any kind of suit.

HERMAN: I agree.

FRIEDMAN: I think you're exactly right. I think that's right.

HERMAN: Fred, they're not going to forget about it. They were wrongfully accused with zero evidence. This man -- this animal prosecutor is going to pay the price for this. You do a Google search on these guys for the rest of their lives, there they are: rapist, it's right there. It's going to follow them.

WHITFIELD: Even though they were exonerated.

FRIEDMAN: First class kids and they're going to be physically fine.

HERMAN: This guy had no evidence, zero evidence of any crime. And he went after them. He's going to pay the price for this. And he does not have immunity. He has immunity for being a prosecutor. He's not going to benefit himself and win an election.

FRIEDMAN: He'll lose the election but he'll still have a right to prosecute.

WHITFIELD: Time-out, time-out, time-out. OK, Avery and Richard, I know we are going to talk about this case again.

HERMAN: We're not done.

WHITFIELD: I know we're not done because we've got other cases that we want to talk about, too. That involving Anna Nicole Smith's baby now that Larry Birkhead, it has been proven through DNA evidence, that he is indeed the dad. But you know what, the custody battle is not over. So Avery and Richard will be tackling that and hopefully it won't be as heated. We don't want anybody to get hurt here.

All right. We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right, our legal guys are back to discuss now the custody case over Anna Nicole Smith's baby. They are still riled up. And we like that. They are passionate about what they do.

Once again, Avery Friedman and Richard Herman. All right, gentlemen, let's begin with this case and this question, we now know that Larry Birkhead through DNA evidence is indeed the father of Dannielynn. But somehow the custody case is not resolved that easily, so quickly. Avery, why?

FRIEDMAN: Because Virgie Arthur, the grandmother, has come up with some kind of concocted theory that she is entitled to the custody of this infant. It is preposterous but you know what, the judge actually came up with a real good idea yesterday. He said both parties out of court, and he said, sit down, get it worked out. And you know what, Fredricka, that's exactly what's going to happen.

WHITFIELD: But then, Richard, here we go again with we've got U.S. law, we've got Bahamian law, the baby is in the Bahamas. And the law there a little different in that just because there is this DNA evidence, it doesn't necessarily mean that you hand the baby over to this guy who lives in the states, right?

HERMAN: Fred, here's what's going to happen here. This Virgie "mommy dearest" Arthur is just --

WHITFIELD: Oh, watch it buddy.

HERMAN: ...getting horrendous legal advice all across the board. Her lawyer just got sued by Howard Stern for defamation which could be quite interesting. But anyway, in the Bahamas, it's a farce in the Bahamas, it's a farce.

Remember, she's the one that stopped the hearse when it was going to the burial site, had to bake in the sun for a few hours because she was in court that day. And now this -- this should have been resolved yesterday. It appears that Birkhead is absolutely going to get his daughter and he's going to go back to California.

Whatever happens in the Bahamas, any kind of joint custody or visitation order that gets issued in the Bahamas, once Birkhead goes to California, that order, that piece of paper is worthless, it's meaningless. California will never adhere to it.

WHITFIELD: All right, well let's talk about Howard K. Stern. He's not done yet either, Avery, apparently. He's saying, wait a minute, I've got a problem with some choice of words that Virgie's attorney used, and so thereby, I am suing. Might he win this?

FRIEDMAN: You know what, this is wild.

WHITFIELD: It is wild.

FRIEDMAN: John O'Quinn (ph) who represents Virgie Arthur goes on national television and in a very irresponsible way, not on our network, and talks about the likelihood of Howard K. Stern murdering Anna Nicole -- or Danny. I mean, this is crazy.

And so all I can say is, Mr. O'Quinn better have his professional liability insurance paid up because I think there was malice. I think he knew that there was no basis for it. And you know what, this guy, if you remember, Fredricka, fainted in the courtroom. This time he's got a real good reason to faint. He's in trouble.

WHITFIELD: Oh, my gosh, all right. Custody, money, all of it the bottom line in this never-ending saga.

Richard and Avery, we appreciate your time. And certainly appreciate your passion, too. FRIEDMAN: Nice to see you, Fredricka.

HERMAN: My pleasure.

WHITFIELD: All things right and wrong in law. All right, have a great weekend.

All right. So how about this? Is there a secret to living long? Dr. Sanjay Gupta takes a look.

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DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: On the Nicoya peninsula in Costa Rica, families are close. Hard work is the norm, and there's no such thing as retirement.

(END VIDEO CLIP)

WHITFIELD: So, do those things make them live longer, in fact? That story when we come right back.

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WHITFIELD: So hope you've been watching, because all week our chief medical correspondent Dr. Sanjay Gupta has been reporting on decisions that we make every day that may add or subtract healthy years from our lives. It's the focus of his new book as well called "Chasing Life." Along with a special, that is, airing this weekend here on CNN. Well, today, he takes a look at what you could call longevity hot spots.

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SANJAY GUPTA, CNN MEDICAL CORREPSONDENT (voice-over): On the Nacoya Peninsula in Costa Rica families are close, hard work is the norm and there's no such thing as retirement. Take this man, he's 80 and still wakes at 4:30 every morning to work on this ranch.

UNIDENTIFIED MALE: This 80-year-old has the vigor of a 40-year- old.

GUPTA: Dan Butner (ph) and his research team are looking at this man like Evincio (ph) They're comparing Costa Rican men over age 60 to American and European men over 60. And they found that the Costa Ricans are four times more likely to reach age 100. That's why Butner (ph) he calls Costa Rica a blue zone.

DAN BUTNE (ph): Because most of longevity is dictated by our lifestyle as opposed to our genes. We believe that by going to these blue zones and methodically looking at what these people do, we can distill out a de facto formula for longevity.

GUPTA: Costa Ricans on the Nacoya Peninsula eat a healthy diet -- plenty of vegetables and fruits. The tortillas they eat are made using a special process that takes the husk off the corn and puts more calcium into it, helping to keep bones strong into old age. Butner's team has also studied why people live long and healthy lives in Sardinia, Italy. Okinawa, Japan, and Loma Linda, California. So far Butner says his blue zone studies show how to add eight good years to your life.

BUTNER: Eat a plant-based diet, mostly plants. Number two, regular low intensity exercise. And then, number three, invest in family and friends.

GUPTA: Butner hopes the blue zones will ultimately teach people how to extend their golden years.

Dr. Sanjay Gupta, CNN, reporting.

(END VIDEOTAPE)

WHITFIELD: And you can catch all of Sanjay's hour-long CNN special "Chasing Life," that's tonight and tomorrow, at 8:00 p.m. Eastern right here on CNN.

And to win a free autographed copy of Sanjay's book, go to CNN.com/chasinglife.

Our Jacqui Jeras is in the weather center. And she's tracking the longevity of these storms.

(WEATHER REPORT)

WHITFIELD: Whoa, that's serious warning. All right thanks so much, Jacqui.

Well, coming up at the top of the hour, Christiane Amanpour hosts CNN's special investigations unit, "The War Within."

And then coming up at 4:00 Eastern IN THE NEWSROOM, two U.S. cities competing to host the Olympics in 2016. Which will join a global list of bidding cities? We'll bring you the announcement live.

And we'll also check the headlines right after this.

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