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Bush Appointee Resigns

Aired April 28, 2007 - 22:00   ET

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


(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: No promises or claims directly or indirectly was ever made to a client.

(END VIDEO CLIP)

RICK SANCHEZ, CNN ANCHOR: He says it was just a massage. A big- name Bush appointee caught up in a brewing sex scandal.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Even if you have resources, no one should be above the law.

(END VIDEO CLIP)

SANCHEZ: So-called 'trigger-happy cops', now facing justice.

Did this mob chanting "death to the gringo" influence the fate of this jailed American? I fly to Nicaragua to investigate in this special report from the CNN NEWSROOM.

And hello again everybody, I'm Rick Sanchez. We're here in "B" control tonight, we -- you know, wouldn't you know. We prepare one newscast and suddenly something changes. There's breaking news. And there's something else we got to put at the top of this newscast. So let's get to that first.

I think we got some video coming in. This is going in, really in that border, you see the border right there? It's cascade locks between Washington and Oregon. This is some of the pictures that are coming in right now. And as we prepare, part of my microphone comes attached so I'm going to plug it right back on my jacket. Sorry about that, folks.

All right. Here's what we that's going on. Rescuers are on the scene where they believe that a climber has fallen 50 to 75 feet on this gorge. In fact, I think we've got some pictures. Can we go ahead? Let's put those up, if we can now. And you'll see what we're -- OK, you see that area there that we've highlighted? I think you might be able to see. OK, you see that little blue area at the bottom of the screen? All right, that's the hiker. That's the only picture we've been able to get of him so far.

And then if you look now at the other area that we've highlighted to the top, you'll be able to see where the rescuers are who are calling down to him, waiting for officials to get there to see if they can get him out of this precarious situation that he finds himself in. It's a tough, tough situation for this hiker and the rest of them. They say there's like 75 other hikers that are in the area.

And I understand now, I think, yes, we've got a reporter who's standing by. This is David Fradus. He's with CNN affiliate KPTV. He's joining us now from the scene. David, fill us in. What's the situation there?

DAVID FRADUS, KPTV NEWS CORRESPONDENT: Well, really, it's a race against time right now. It's about 7:00 Pacific Time and the sun is just setting. They really are desperately racing against the sun. They -- this all started about 3:00 this afternoon, when they got a 911 call from the hiker's friend. They were actually able to get a cell phone signal out of there and get rescuers up to this guy, but it's about three miles from where we are up the trail. So it's quite...

SANCHEZ: All right. Well, what's his exact situation? I mean, he's fallen. Has he broken some limbs? Can he not help himself in any way? And what they going to do to get him out?

FRADUS: Yes, I don't think they know his condition at this point. They -- his friends were not able to call to him, figure out his condition. As you said, he may have fallen 75 to 100 feet. Apparently, he just lost his footing and fell down this ravine.

As far as getting him out goes, they cannot do it by air because there are so many trees. As you know, we have thick forests in Oregon. So they're going to have to actually carry him out by hand, some three miles down the...

SANCHEZ: So essentially what you're saying is rescue guys are going to have to repel down there, and then repel back up with him in some kind of gurney or stretcher?

FRADUS: Yes, exactly. Because these are incredibly experienced technical rescuers. You know, remember that rescue we had on Mt. Hood back in December here in Oregon. This is the same exact guys. Guys incredibly used to doing very difficult rescues like this one.

SANCHEZ: Yes, that's unbelievable. Well, listen, hey, David, we thank you for bringing us up to date on this. We know it's a developing story. We kind of changed our routine just so we can bring the viewers the story. You're going to be sticking around, right?

FRADUS: Yes, I will.

SANCHEZ: All right. If anything changes, we'll try and make contact with you. And we'll be checking back with you throughout the course of this newscast. David Fradus, god enough to join us there and bring us up to date on this rescue that's going on as we speak. Anything goes on, we'll try and take you back there and let you see it. Maybe during this hour, we'll see if officials are able to get him out of there. Meanwhile, another big story that we're following. We want to tell you about this new development in this brewing Washington sex scandal. At the center of it is a State Department official. His name is Randall Tobias.

He's now resigned after admitting that he visited an escort service. He says, by the way, it was just a massage. Perhaps like you, when we first heard this story and the name, we thought, well it may bust e another Washington bureaucrat who made a mistake. But we've been digging into this story a lot deeper and have found out that Randy Tobias, as his friends refer to him we now learn, is a powerful and influential man.

Here's CNN's Fredricka Whitfield.

(BEGIN VIDEO)

WHITFIELD (voice-over): He is the first high-profile official to step down in connection with the alleged D.C. prostitution ring. The State Department's foreign assistance director, Randall Tobias, resigned Friday, a day after he told ABC News he was a client of Pamela Martin and Associates escort service.

His private cell number appears on a list of thousands handed over to ABC.

Tobias said he never had sex with any of the women. He says he called the company for a massage.

The company's owner, Deborah Palfrey, is charged with federal racketeering and money-laundering. She has pleaded not guilty.

Palfrey maintains every part of her business was legitimate and legal.

DEBORAH PALFREY, OWNER, D.C. ESCORT SERVICE: No promises or claims, directly or indirectly, was ever made to a client that he should expect the associate to perform illegal acts for hire.

WHITFIELD: Tobias is the latest and biggest name to be released in connection to Palfrey's business. The 65-year-old Indiana native is a former top business executive of AT&T and Eli Lilly, and is credited with turning the pharmaceutical company around in the 1990s.

He has received numerous awards. At Indiana University there is a foundation in his name for leadership and excellence. In 2003, President Bush nominated him to lead his global HIV/AIDS initiative.

White House spokesman Tony Fratto said, "We are sad and disappointed by this news. Randy was an extremely effective leader in the fight against HIV/AIDS in places like Africa, and at USAID."

Fredricka Whitfield, CNN, Atlanta.

(END VIDEO)

SANCHEZ: All right, so there's part of the story about who he is. Let's see if we can get you some more information now about Randy Tobias. We're going to reach out to people who cover him and people who know him and have worked with him. We've already got a couple of them lined up for you.

Let's take you now to Indianapolis. That's where Amos Brown of WTLC Radio is standing by. If you would, would you give us a sense of just how important and significant this man is in the city of Indianapolis?

AMOS BROWN, WTLC RADIO HOST: Well, Rick, any leader of any CEO of Eli Lilly is a major player in the Indianapolis community, not just as the head of a major employer, but they're are major player in terms of servant leader. Business leaders in Indianapolis view themselves as servants first, leaders second.

. So a Randy Tobias is someone that is consultant, someone that is involved in terms of civil leadership here in Indianapolis, in terms of providing advice and counsel, philanthropic ventures.

SANCHEZ: So...

BROWN: Corporate...

SANCHEZ: Suffice it to say in Indianapolis, he's huge, household word?

BROWN: I would say he's one of a number of people that were huge. He -- I don't want the audience to think he was first among giants. He was one of a number of men and women who are good civil citizens here.

SANCHEZ: Well, he ran Eli Lilly.

BROWN: Yes.

SANCHEZ: He ran IT&T. Apparently, big GOP donor, right?

BROWN: Yes, yes.

SANCHEZ: Do...

BROWN: And that's what makes it such a tragedy, what happened, because the reputation that Randy Tobias had here in Indianapolis was above reproach. He and his wife were great corporate citizens, were great philanthropic -- the -- Fredricka's package talked about his leadership institute that's part of the Indiana University School of Business.

And I think he was very serious about leadership. And makes me wonder whether the quickness of his resignation was because the servant in him, he didn't want to be an embarrassment to this administration. He didn't want to hang on. And he knew to get off the stage quickly.

SANCHEZ: Has he ever been in a situation like he's in now? Not necessarily prostitution, it seems to be the accusation now. But has he ever found himself having to explain an embarrassing situation in the past?

BROWN: Absolutely not, Rick. I mean, that's what makes this so sad for all of us here in Indianapolis that know him by reputation, that have had the honor of meeting him. This was just totally out of character.

SANCHEZ: Amos Brown, thanks so much for joining us. We appreciate that information.

This is a story that's obviously hitting hard in Washington. And tonight as we dig up information, it's going to be reaching circles there. So we're working that angle as well.

But I understand now that we've got somebody else -- we've got somebody else on the phone that we can talk to. He knows, in fact, Randy Tobias very well, John Mutz, the former lieutenant governor of the state of Indiana and former president of the Lilly Endowment, which is obviously part of Eli Lilly, one of the biggest corporations in the entire world that was run by him.

He's joining us now on the phone. I guess my first question, Mr. Mutz, to you is about whether he has ever been anything other than a public person? I mean, did he try to remain private? Or was he pretty well known? Was he out there?

JOHN MUTZ, FMR. LT. GOVERNOR, INDIANA: Randy has always been a person who has a very private life and he enjoys it. But because of the responsibilities that he has assumed, he has to be public. And if you run Eli Lilly or you're vice chairman of AT&T, you're in a number of situations where you are part of the public.

SANCHEZ: So he's not somebody who's tried to necessarily remain on the inside. You know, there's a lot of people in this country who run major corporations who you never see, you never even hear of them. He's out there. I mean, he does signings and other things in the public eye, correct?

MUTZ: Yes, he certainly does. And I'd have to say that of all the corporate people I have worked with over the years, he has more candor, more public candor behind him and in his work than most CEOs that I've come across.

SANCHEZ: How embarrassing is this for him, for his family, and for his business associates?

MUTZ: Well, I think it's doubtful that he did anything wrong. And I think, if you want to ask why did he resign? I think he resigned because he is results-oriented. And he knew that this would become a distraction from doing the work that he thinks is very important to do well.

SANCHEZ: Well, you know, the name's coming up and the cell phone records and all the things that are being dug up. It doesn't look good.

MUTZ: Well, I don't know what you mean by that. Of course, you know, you refer that his name wasn't associated with the accusations that are being made. But...

SANCHEZ: But something, you know, I got to ask you something because I'm listening to what you're telling me and I'm saying, you know, if this was an accusation made at me, and it was that serious, and it involved my ethics and my reputation, not to mention what my wife is going to be saying to me when I get home, I don't think that I would cop to it if I wasn't necessarily guilty. Would you?

MUTZ: Well, no, I wouldn't. But I don't think he did cop to it. I think he's decided, just as I said before, that to be effective in the position he holds, this kind of distraction is not something he can work with.

SANCHEZ: Mr. Mutz, we thank you, sir, for taking time to join us. This is obviously something that is going to be discussed in many circles as the media and people in Washington, unfortunately, continue to buzz about it. We thank you for your time, though, sir.

MUTZ: Thank you.

SANCHEZ: By the way, for many of you hearing all of this now, this reference to the D.C. Madame scandal may be a first. Perhaps you haven't heard before. But in our nation's capitol, this story has been captivating residents for quite some time, the revelation of a so-called madam with a list of johns she's willing to reveal has a lot of people there wondering and a lot of men nervous, as well, possibly powerful men. Who are they?

Well, Mike Allen is covering the beltway for political, has for quite some time. He and I caught up with each on. And here's his take on the scandal.

(BEGIN VIDEO CLIP)

MIKE ALLEN, POLITICO.COM: What she had been saying was that she had prominent people's cell phone numbers. And she said she had this large volume of phone records that she was going to sell to a news organization. And she was trying to use this as a bargaining chip with prosecutors.

They told her she could not sell it, but she provided it to ABC News, which has been combing through these cell phone numbers. And they certainly hit pay dirt with this one. We're told that on Thursday, they called Mr. Tobias. He acknowledged that he, as you said in your intro there, had gotten a massage.

(END VIDEO CLIP)

SANCHEZ: This is a story that's going to be growing legs as we speak. We're going to hear more from Mike, as we explore this topic and its link to other ethics snafus, some now under way like these. Alberto Gonzales accused by Republicans, of course, of being less than forthcoming. Then there's Paul Wolfowitz, accused of giving his own girlfriend a pay raise and promotion. These are serious topics. And we're preparing reports on all three controversies as we go along in this special newscast for you tonight. Also this. (BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Well, my message to the governor is stick it up your (bleep). That's my message to him, stick it up your (bleep).

(END VIDEO CLIP)

SANCHEZ: Oh, my goodness, all this over an argument over budget. Washington isn't the only place with political problems. That scene was playing out in Montana's legislature. What led the lawmaker to say that, that's coming up next.

Also, did this man have something to do with this, the outrageous beating of 101-year-old woman? We're going to be coming back with that.

And also, obviously, we're keeping you updated on the story that broke just before we went on the air, a guy -- show them some of this video, there it is. There's a developing story. Rescuers right now are trying to reach a hiker who fell some 75 feet on the Columbia River. We're hearing the hiker's alive, but they need to get to him as soon as they can. And we're going to be getting back to the reporter who's following it. Stay with us. A lot of news coming your way. Stay with us.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez. We're in the Epic center. I want to bring you in here, because this is where we get video that are coming in from all over. This one is wild. This is Montana. And the legislature there in Helena, Montana can't seem to be able to come to a compromise on a budget. Doesn't sound like an exciting story until one of those legislators stands up and says this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Well, my message to the governor is stick it up your (bleep). That's my message to him, stick it up your (bleep).

(END VIDEO CLIP)

SANCHEZ: Whoa, the governor's name is Schweitzer. He's saying, after looking at the video and the proceedings that took place, that he's describing this as 51 over the cuckoo's next. We'll keep tabs on that.

Now let's take you to Canton, Ohio. This is a person who's arrested by police. They believe that he's got drugs. They believe he's got a gun. They put him in the back seat. Little does he know that they also have a camera back there and they're recording him as he tries to call his girlfriend and make up an alibi so he can get away in a stolen car. Here it is.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Say you had a party, say you had a party at your house. You know what I'm saying? And your kids came up missing. That's all.

(END VIDEO CLIP)

SANCHEZ: So there you. He's giving her specific instructions on what to say on a made-up story the police say never really existed. The judge didn't buy it either. And that's why he's been convicted now to 17 years, gun possession, drug possession and trafficking in cocaine. Those are the changes.

Let's take you to Oklahoma. In Oklahoma, it's a fire that won't go out. And now we've been talking to officials there and they're telling us they're not going to even try to put it out. They say it is an old refinery anyway. They don't mind losing it. They say they'll lose more. It'll be more difficult to put it out. I asked about the environmental impact with all the smoke. They tell me most of the winds are pushing the smoke straight up as you can see in that picture. So they're probably going to let it burn, possibly for a couple of days.

Speaking of fires, there's also one in the southeast that we're going to be telling you about. And this is one that also will not go out. They're trying to figure out, in fact -- Jacqui Jeras is going to be joining us to tell us more about that. You are in the CNN NEWSROOM.

(COMMERCIAL BREAK)

SANCHEZ: All right, we welcome you back. We're here in "B" control, picking up some of the pictures that we've following on several developing stories, including the hiker who's in really a bad way down there. Anything happens on that story, by the way, we're going to take you right back to it. It's on the border between Oregon and Washington state.

Well, tonight, we're also learning that former senator and presidential candidate Carol Moseley-Braun has suffered a broken wrist after being mugged. Now the mugger made a grab for her purse sometime last night. It was right outside her Chicago home. You see her there.

She apparently fought back, kept her bag, but went down with her arm, which we're told is now in a cast tonight. Police say that a local college student helped her fight off the attacker. The mugger reportedly had a knife. Police say they're now looking for him.

Another alleged mugger to tell you about tonight. This might be one you recognize. See that man right there? You'll probably recall the shooting -- the shocking crime that he's accused of more than anything else.

Remember this tape? See, it shows a man, there it is, shows a man beating up and stealing from 101-year-old woman. Well, police now say the guy on the video is, in fact, the guy who did it, the one they have under arrest. Jack Rhodes is his name. The mugging outraged not only New Yorkers, but the entire country after we showed it to you. Rhodes was picked up on drug charges. Police officers immediately say they noticed the resemblance. He's being charged tonight with robbery and assault.

We're following some breaking news from Cascade Falls on the Oregon-Washington state line. We told you about this a little while ago. There's the shot of it, at least in terms of where it happened, but we've also now got a crew on the ground. This is desperate straits for this guy. Rescuers are trying to reach the hiker. He fell about 75 feet on the Columbia River gorge. We're hearing that he's alive and still conscious. They're trying to make contact with him. And rescuers have a steep climb ahead so they can try and somehow get him out of this difficult spot.

Again, we're going to be going live to the scene and bring you updates as they warrant. And every chance we get to get new information, we'll turn it around for you. Because again, this is one of those stories that's taking place as we're bringing you this newscast. It's dry, it's hot. We're now talking about the Iraqi desert. Take a look at this, a wildfire that simply will not go away. Were going to tell you where it is and why it won't go away.

Our Jacqui Jeras is following all of this for you and something else. Something big, some out West. See that look she's giving us? She agrees.

JACQUI JERAS, CNN METEOROLOGIST: Yes, big temperatures and big dust storms. We'll show you pictures and tell you how hot it's going to get. That's coming up with your forecast.

SANCHEZ: All right, we'll look forward it to. Thanks so much, Jacqui.

And we're also going to be telling you what's going on in some of America's major cities with shootings that affect perfectly innocent people. How does it happen? Why does it happen? What can be done about it? Those are questions. We'll try and get answers. This is the CNN NEWSROOM.

(COMMERCIAL BREAK)

SANCHEZ: I want to show you something that's, boy, as stubborn as it gets, it's a wildfire in Georgia. It's been burning now for nearly two weeks. It's been threatening the town of Waycross. That's near the Florida line, by the way, or not too far from it. Shifting winds are blowing the flames into the Okeefenokee swamp. Have you heard of that? I'm sure you have. Lots of gators, big ones. Firefighters expect the lake to burn intently for at least another week.

Jacqui Jeras joining us now. Jacqui, why can't they put that thing out?

JERAS: Well, the weather is so bad. It's so dry. You've got already dried-out vegetation because of the ongoing drought. And we've had gusty winds today, which really makes it very difficult.

In fact, I was just looking at a website incident meteorologist site. And it says that they're expecting now that the days that this will be contained, not until May 15th! Can you imagine, another two weeks? And this is already the largest wildfire in Georgia history.

Well, the weather conditions make things really critical today for fighting that fire, just with the very low relative humidity and gusty winds. The winds becoming a little bit variable now. And at times, we were able to see on doppler radar an actual smoke plume from this because the conditions were so dry. Doppler radar will see those ashes in the atmosphere and reflect a signal back. And that's why we were seeing that earlier today.

Well, it wasn't smoke in the air, but it was dust across parts of the southwest. There have been showers and thunderstorms here, which have been picking up some very strong gusts and blowing sand all over the place.

Our i-reporters were on top of it today. And we have a picture we want to show you from Todd Gunn in Phoenix. Mid afternoon, he says it was gorgeous day. And the next thing you knew, it was dark as night.

This picture taken from his backyard looking east at Squaw Peak. If you look really, really closely, you can kind of see the mountains there in the background. He says the dust left a huge mess as sand is in the bottom of his pool and all over his yard. A big clean-up for him there.

Still a few thunderstorms across the area. And the dust and the rain has cooled the temperatures down quite a bit. But today, for the first time this year, Phoenix hit the 100 degree mark. Average date is May 13th, so a bit on the early side.

We also had quite a few records across some parts of the southwest for today, particularly into California. Palm Springs hit 106. That was tying the record today. 103 in Thermal. 97 in Vegas. Bakersfield also at 97. And 90 degrees in Sacramento.

More record heat expected tomorrow from the southwest into the Rockies. Denver, 84 is your record high. So looks like we're going to meet it. Could possibly even beat it.

Look at all this warm air across the nation's midsection here, too. We've been kind of cool across parts of the northeastern quarter. A little trough of low pressure's swinging on through here, bringing some scattered showers and keeping you cool. But watch for this heat to be building across the East the next couple of days. Good for the people looking for a big warm-up, but not so good for fire-fighting efforts here in the southeast. Rick?.

SANCHEZ: All right, thanks so much, Jacqui.

Well, tonight, three Atlanta police officers find themselves indicted in the shooting death of a perfectly innocent elderly woman. How does something like that happen? Whether it's in Atlanta or whether it's in your own city, could there be more arrests in Atlanta? Well, the FBI says, yes.

(BEGIN VIDEO CLIP) GREGORY JONES, FBI SPECIAL AGENT IN CHARGE: The FBI will continue to pursue additional allegations of corruption and violations of civil rights, as we have learned through this investigation, that other Atlanta police officers may have engaged in similar conduct.

(END VIDEO CLIP)

SANCHEZ: Over the last 18 months, it's become an alarming trend, police officers winding up on the wrong side of the law. Atlanta's the latest. Chicago, New Orleans, New York, it's all happening.

(BEGIN VIDEOTAPE

UNIDENTIFIED FEMALE: They kicked her door in, talking about drugs. There are no drugs in that house. And they realize now they done the wrong house. They went and they killed her!

SANCHEZ: 92-year-old Katherine Johnson was shot at least six times in a hail of bullets, as narcotics agents served what's called a no-knock warrant at her Atlanta home last November.

UNIDENTIFIED MALE: And are you pleading guilty here today because you are, in fact, guilty?

UNIDENTIFIED MALE: Yes.

SANCHEZ: Two of the three have pleaded guilty to manslaughter. A third has plead not guilty and will stand trial on lesser charges. Chicago is another city where police officers are making headlines.

SUPT. PHIL CLINE, CHICAGO POLICE: Anthony Body has been arrested, criminally charged, stripped of his police powers, and we are moving to fire him.

SANCHEZ: In February, this 12-year veteran of the Chicago Police Department was charged with aggravated battery for allegedly beating a bartender while off-duty surveillance cameras caught it all on tape. Friday, Anthony Boddy he was slapped with 14 additional felony counts. He hasn't made a public comment yet.

UNIDENTIFIED FEMALE: Any apology to the bartender, sir?

SANCHEZ: And in New York.

AL SHARPTON: How many shots?

CROWD: Fifty.

SHARPTON: How many shots?

CROWD: Fifty.

SANCHEZ: Three undercover detectives have been indicted for killing Sean Bell on his wedding day and seriously wounding two of Bell's friends. What has surfaced since the shooting is that Bell and his friends were unarmed. The officers say they did nothing wrong. The family feels otherwise.

NICOLE PAULTRE, SEAN BELL'S FIANCE: Even if you're a police officer, no one should be above the law.

SANCHEZ: And in New Orleans, the so-called Dansinger seven. The officers have been indicted for attempted murder and some straight-out murder in a shooting that has left two men dead and four injured. They have plead not guilty to the charges. Colleagues are showing their support.

(END VIDEOTAPE)

SANCHEZ: There a lot of people watching this, so we wanted to get some reaction for you. Let's take to a police chief. This is Gil Kerlikowske. He's the police chief from the city of Seattle. People come up to you chief and say, you know, why do officers do things like this? What do you say to them?

CHIEF R. GIL KERLIKOWSKE, SEATTLE POLICE: They do. And I think what we want to do is to try and separate a couple of things. One, there are those kinds of incidents that we were talking about or that you showed in New York.

SANCHEZ: Right.

KERLIKOWSKE: The shooting incidents. Then the other is something that is just is so far outside the boundaries, the Atlanta case and the Chicago case. Now Phil Cline, the superintendent in Chicago, Richard Pennington, the chief in Atlanta, I mean, have national reputations for being exemplary in their integrity and their honesty.

SANCHEZ: But what do you tell your cops to make sure they understand that there's a whole lot of people in this country, and especially let me just be frank with you, OK, especially people who are minorities, people who live in the inner cities, people who are poor who feel like cops aren't there to serve them, in fact that sometimes they tend to be out there abusing them?

KERLIKOWSKE: Well, nobody needs the cooperation and the trust and the credibility more so than people in the inner city, more so than people of color, because, if you look at the victimization rates across this country, these are clearly the groups of people that are being victimized the most. So we, as law enforcement professionals, we depend on that trust and credibility.

SANCHEZ: Well...

KERLIKOWSKE: I think they understand very clearly that we hire from the human race. What we have to do is to make sure that we're going to move forward aggressively to fire those officers. And if there are criminal charges, they need to be prosecuted to the full extent of the law.

SANCHEZ: By the way, two quick things, training and recruitment. Are you training them right? And are you getting the right officers? Are you making sure that you aren't getting people who already have issues before they put the badge on? And I'm sorry to say you've got 30 seconds for that answer.

KERLIKOWSKE: Well, you look at today's hiring and the amount of screening that goes on, the background checks, the psychological screening, the polygraph, we do everything we can.

But remember, we hire from the human race.

SANCHEZ: Yes.

KERLIKOWSKE: Just like doctors and just like the priesthood. We do a huge amount of training, but training is labor-intensive and it is expensive. And we are doing our very best in every one of these departments to give our officers the best training possible.

SANCHEZ: Tough questions, straight-up answers. Gil Kerlikowske, we thank you, sir, for taking time to talk to us tonight.

KERLIKOWSKE: Thank you.

SANCHEZ: Now we're following some breaking news. This is coming out of Oregon, Washington, right on the state line, actually. It's a hiker. He's fallen 75 feet. Rescuers are rushing to try and save him. There's a rescue scene going on now.

Oh, here's some new pictures we haven't seen before. We're going to try and break these down for you. It looks like that's the hikers there -- the hiker, I should say. And it looks like rescue officials are on the scene, where he is. Looks like they're taking his vitals. We'll get more information from you and share it with you as it comes in. This is the CNN NEWSROOM. We'll be right back.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back to "B" control. Rick Sanchez here with you.

Two stories that we're following for you right now, both of them developing. First of all, let's go -- in fact, I think it's over here. Let's show them this picture right here. This is that Oklahoma refinery fire that we've been checking on. We're told by officials on the scene there is that don't expect this thing to go out any time soon. Could burn for another couple of days. They think it's more trouble than it's worth to go in there and try and put it out. So they're just going to let it burn.

They say because of the way the winds are blowing, it's not a health issue. It's also not environmental issue for the people who are living here.

Here's another story that we're following. This one, and let's see, Claude, if we can show -- OK, this is that picture that we got in just a little while ago. First time we've seen that. OK, you see the guy in his blue shirt with his arm rested as if on his back there? He took a long fall, 50 for 57 feet. Rescue officials have finally gotten to him. They're there. Looks like they are taking his vitals. We're trying to figure out what they're going to do to get him out of there, though. This is a story that's developing as we are on the air right now.

And yes, we can go to Joe English. Joe English, KATU, is a reporter for them. And I understand he can join us now to fill us in on what's going on.

Joe, are you there?

JOE ENGLISH, KATU NEWS CORRESPONDENT: Yes, I am here, Rick, at the Eagle Creek Trailhead, just a few miles from where this hiker slipped and fell. We're getting reports from other hikers on the trail, anywhere from 50 for 75 to 100 feet, he slipped down a pretty steep embankment.

The effort right now, they're trying to pull him up there. About ten rescue team members up there right now, putting him on a stretcher, pulling him up by ropes. They will take him to somewhere along the trail, where a Blackhawk helicopter from the National Guard can reach him, and pull him out of a pretty steep ravine out here.

We've heard that he may have a broken leg, may have some rib problems, possibly broken, have had -- he's had respiratory problems, may have gone into shock.

Here's a really interesting part of this story, though. On the trail today, three doctors, three separate hiking groups with three doctors in them. They all passed by this hiker, made their way down to him, helped stabilize him. And they are with him at this time, remaining there, oh for about three, three and a half hours now.

SANCHEZ: So this thing is three and a half hours old. He's still there and they haven't been able to move him since. Is that the situation?

ENGLISH: Yes. Happened about 3:00 our time so -- well, now it's even longer than.

SANCHEZ: So you know, I'm thinking, Joe, it's because it's so steep that they have to repel down there and it would be difficult, if not impossible to get him out unless they somehow injure him. So they're being real careful about how they do it, right?

ENGLISH: Absolutely. It's tough to get down to him and tough to get back up because the cliffs here, you know, the trails go through here. But if you get off the trail, you're going through trees, rocks, pretty heavy underbrush. You can't just pull somebody up.

SANCHEZ: All right.

ENGLISH: And so you really have to have half dozen people lift and walk slowly.

SANCHEZ: Joe, you're good, man, good explanation. We get it and well done. You've set the scene for us. We'll just cross our fingers and hope that they're able to get him out soon before there's any more danger to him. Thanks so much, Joe English.

ENGLISH: You're welcome.

SANCHEZ: Well, if you know him, you know what he thinks about the immigration crisis in the United States. And he makes an awful lot of sense. Lou Dobbs and I had a very, shall I say, heated but smart discussion on that very topic. Here's a taste.

(BEGIN VIDEO CLIP)

SANCHEZ: Should there not be a little bit of room for tolerance? Are we not judged by how we treat the least amongst us?

LOU DOBBS: I don't think you could find a more tolerant nation in the world, could you, Rick? This nation brings in lawfully more than two million immigrants a year. That is...

SANCHEZ: And that's what...

DOBBS: Let me finish.

SANCHEZ: Go ahead.

DOBBS: That is more than the rest of the world combined. And yet, I hear the effrontery that this is not a welcoming nation.

(END VIDEO CLIP)

SANCHEZ: Lou Dobbs, like you haven't seen him before. It's fun. You'll see much more on our Sunday spotlight of my colleague and myself having a heated, intelligent discussion. Tomorrow night at 10:00 Eastern right here.

And then Wednesday night, Lou Dobbs is live from Hazleton, Pennsylvania for a broken borders town hall meeting. CNN's primetime special Wednesday night right here. We're going to bring it to you at 8:00 Eastern. Nobody covers it like us.

Coming up, by the way, what did this American do to spark outrage across Nicaragua? We're going to tell you a story that's sending shockwaves all over the world. It's ahead in the NEWSROOM.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back to "B" control. We've got something special for you tonight. It's a story of an American who finds himself desperate to recover his life. Because right now, it's ruined. Is he a murderer? Is he a rapist? Or is he just the victim of mob justice?

This is a story that I traveled to Nicaragua to investigate, a story that has people in two nations stunned. Tonight, we want you to be the judge.

(BEGIN VIDEOTAPE) SANCHEZ (voice-over): It was like a lynch mob. Angry Nicaraguans had been waiting for this moment. And 27-year-old Eric Volz was at the white-hot center.

How he got here to this awful place is a story of whom do you believe? Great waves attract surfers to this sleepy seaside town of San Juan Del Sor. And that's what originally drew Volz here two years ago, but he was also starting a magazine El Puento, "The Bridge", a serious cultural magazine intended to improve relations between Nicaraguans and Americans.

Then last November, Doris Jimenez, just 25-years-old, is found dead. The murderer apparently strangled her with his own hands in the clothing store she owned here. By U.S. standards, the police response was casual. The murder draws bystanders who actually crowd in to look. In just minutes, evidence is critically tainted.

The murder of this beautiful young woman was a sensation. Police would quickly charge four men with the crime. One was American Eric Volz. He dated Jimenez, but they had broken up. Thousands of miles away in Tennessee, Eric's mother gets the news.

MAGGIE ANTHONY, VOLZ MOTHER: I got a phone call from a man that I had no idea who it was. So, I walked off the side and he told me that Eric had been arrested for Doris's murder.

SANCHEZ: For Volz's mother, it was the first step in what she considers the railroading of her son. His alibi rests entirely on this story, that he was two hours away from the victim at the time of the murder. And he provided testimony from witnesses who back him up.

(on camera): Keep in mind the court record indicates that the murder took place Tuesday at 11:45 a.m., just 15 minutes before noon. Yet there are ten different people who have signed affidavits saying they saw Eric here between 9:00 a.m. and 2:00 in the afternoon right here in his office.

RICARDO CASTILLO, NICARAGUAN JOURNALIST: We were in the same house, room, we had lunch.

SANCHEZ: The caretaker on the property says that he, too, saw Eric that morning and afternoon.

You can swear that he was here Tuesday at noon?

CARLOS PEREZ, CARETAKER (through translator): He was there, in his office, you say, you saw him, he was wearing shorts. He was wearing shorts. At noon.

SANCHEZ: Ten witnesses for him, no authentic forensic evidence against him. And yet, Volz had a sense of foreboding.

ERIC VOLZ: I'm worried that this is bigger than anybody really understands.

SANCHEZ: His premonition proved correct. (END VIDEOTAPE)

SANCHEZ: Yes, Volz is in jail. He's waiting for the trial. And then something happens outside that's just going to blow you away. His mother's in the U.S., anxiously awaiting for news. Watch this.

(BEGIN VIDEO CLIP)

ANTHONY: Every meal, I think of him and what he's not eating. Every ice cube, every cold glass of anything he doesn't have.

(END VIDEO CLIP)

SANCHEZ: He doesn't. When we come back, we're going to show you how the drama inside and outside the courthouse plays out. You'll hear the verdict and you'll hear the reaction and the gunfire on the streets.

It's wild, in three minutes.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez here in "B" control. I want to take you back now to my story out of Nicaragua, where we left you at the point where Eric Volz's story his fate is now in the hands of a Nicaraguan judge. Evidence seemed in his favor. Even his defense attorney felt confident that he'd be cleared of the rape and the murder of his ex-girlfriend, Doris Jimenez.

But the locals are outside and they're not convinced. Watch this.

(BEGIN VIDEOTAPE)

SANCHEZ: Outside, the chanting, viva Nicaragua and death to the gringo. Inside the courthouse, Volz's lawyers present witnesses to prove he was in his Managua office two hours away at the time of the murder. Ten of them.

His defense also provides cell phone records, even this time- stamped instant message conversation Eric says he had with a colleague in Atlanta. That's Volz's screen name, EPMagazineEric. He is swapping messages from about 9:00 a.m. to 2:00 in the afternoon, covering the time just before noon, when Jimenez was killed. His lawyer is convinced the alibis will win Eric his freedom.

RAMON ROJAS, DEFENSE ATTORNEY (through translator) : The evidence presented before the district judge in Rivas all coincide in showing his lack of participation and his innocence.

SANCHEZ: Outside, the mob is growing more agitated. Police fire rubber bullets to hold them back. Leading the mob, Jimenez's mother, Mercedes. Like prosecutors, she believes Eric Volz was obsessed with her daughter and jealous that she was dating others.

Tell me what evidence you think there is? MERCEDES ALVARADO, JIMENEZ MOTHER: (INAUDIBLE).

SANCHEZ: So, he had a big scratch on the back of his shoulder.

ALVARADO: Si.

SANCHEZ: Fingernails?

ALVARADO: Si.

Volz did have marks on his shoulder at the time of his arrest. This photograph was taken the day after Jimenez's funeral. Volz told police the marks came from carrying her coffin. And in fact, they do correspond to the correct shoulder.

But the prosecutor tells me she's certain the marks could only have come from fingernails. She also tells me Eric had blood under his fingernails when they arrested him two days after the murder. But she admits, they never proved it.

What about witnesses, I ask? Surely somebody in the busy town would have seen Eric if he was there. How's it possible that nobody saw him? Her answer: no, nobody saw him. Nobody, that is, except this man.

He is Nelson Dangla, who testified he saw Eric just after the time police believe Doris was murdered. But Dangla is also tainted. Why? Because he was originally also arrested for Jimenez's murder. And in exchange for testifying against the American, he receives full immunity. And that is why Eric is so worried, as he sits outside the courtroom waiting for the verdict.

VOLZ : I've been sitting in this room for almost 45 minutes a alone. There's a thin wall right here. And that's where the trial is. There's like four police outside my door with machine guns, so I'm just about to walk in the courtroom.

SANCHEZ: No one in Eric's family, is prepared for what comes next. This is Volz's mother, telling his father the outcome.

ANTHONY: It's a guilty verdict.

SANCHEZ: Eric was found guilty of murdering Doris Jimenez. He was, also, found guilty of raping her, even though police never concluded that she'd been raped. He was sentenced to 30 years in prison. And if that seems strange after what you've heard, listen to this. Another man was also convicted of the same crime by the same prosecutor and the same judge, even though the prosecution never connected him with Eric Volz.

CNN arranged to interview Volz in prison. In fact we got a Nicaraguan court order allowing us access to him. But when we arrived, we weren't allowed to see him.

(on camera): We have a signed document that was given to us by the presiding judge in this case, which is supposed to give us permission to go in and interview Eric Volz but the director of the prison is telling us that he's not going to let us in.

And we've been here now for the better part of five hours. And still, they're saying the document's not good enough and that we're not going to be allowed to talk to Mr. Volz.

(voice-over): We don't know why. Perhaps Nicaraguan authorities decided they don't want this story told worldwide. We'll never know. And until his appeal, his parents can only see him in prison.

ANTHONY: Every meal, I think of him and what he's not eating. Every ice cube, every cold glass of anything he doesn't have.

SANCHEZ: The U.S. embassy in Nicaragua is following the case. So for now, Eric Volz in prison for 30 years. And despite a formal trial, no one seems certain justice was served.

(END VIDEOTAPE)

SANCHEZ: So we're going to give you an update on this. Eric Volz's case has been forwarded to an appeals court now in Nicaragua. It's actually a three-judge panel. A new hearing is expected there in the next couple of weeks. They may come to a decision. As soon as they do, obviously, we're going to be reporting that.

For the latest on this story and a whole lot more, be sure to watch my friend and colleague Anderson Cooper on AC 360. That's where I file most of my original reporting.

Let's try and bring you up to date now on some of the big stories that we've followed for you. By far, the developing story that's been taking place on the border between Washington and Oregon. And it involves a hiker who has fallen about 75 feet. Let's go back to this picture now. This is the very latest picture that we got. It's where you can see the hiker. I know that there's a little bit of brush in front of him, but you can see the hiker now. He's the one wearing the blue shirt.

You can see one, two, three, four rescue officials that are there around him. The problem now is not just treating him and his injuries, but trying to get him out of there. It's very difficult. They got to repel down and then repel up. They say they're going to be using a helicopter to see if they can get out of there. And they say he's gone into shock. So obviously, that's a problem. We'll follow it for you. If there's any development on it, we'll bring it to you right away.

In the meantime, that's our news for this night. A lot more coming up when we bring you the very latest news throughout the world and here in the United States. I'm Rick Sanchez. And this is CNN, the most trusted name in news.

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