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Paris Hilton in Courtroom for Hearing on Sentence; General Peter Pace to Be Replaced as Joints Chiefs Chairman; Mary Winkler to be Sentenced; Fight in Alabama State Senate

Aired June 08, 2007 - 14:00   ET

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

T.J. HOLMES, CNN ANCHOR: Hello there, everybody. I'm T.J. Holmes, sitting in for Don Lemon. And boy, Don is missing a heck of a news day today, isn't he?
BETTY NGUYEN, CNN ANCHOR: Oh, what a day for us sitting in for Don and Kyra.

HOLMES: Yes.

NGUYEN: I'm Betty Nguyen today, sitting in for Kyra Phillips.

One violated probation for reckless driving and may serve out her jail term after all, all 23 days of it.

HOLMES: While the other is charged with bribery, fraud, racketeering, corruption, and could get 200 years.

Paris, the heiress and William "Dollar Bill" -- court dates in the CNN NEWSROOM.

Did you get a look at the picture? If not, check it out. Paris Hilton in handcuffs. You see her with her hands behind her back right there.

Hilton is now reportedly in court. Just a short time ago the L.A. socialite was cuffed by police and got inside a squad car for a 20-mile trip to court.

And CNN's Sibila Vargas joins us now. She has been watching all of this unfold.

What a saga this has been.

SIBILA VARGAS, CNN ENTERTAINMENT CORRESPONDENT: It certainly has been a saga. And, you know, it's interesting that she is in court. That's what they're saying, because earlier today she was expected there, a lot earlier than now, and then all of a sudden they said, no, no, she could actually do a phone interview or she could at least be listening during the phone.

And the Michael Sauer -- this is the same judge who sentenced her to 45 days in jail initially back on May 4th -- he said, no, you know what, Paris? You need to show up. I need to see you here.

So, it should be interesting. Lots of fireworks about to go down.

And we also have a reporter inside. So, I can't wait to get the play by play of actually what's going to go on inside.

But again, it's going to be Michael Sauer, the same judge who sentenced her to the 45 days. This is a guy who, when he spoke to her the first time -- most people didn't expect Paris Hilton, first of all, to be sentenced to 45 days in jail.

In fact, I was out there with the media that day. None of the media members -- and there were hundreds of us -- expected Paris Hilton to get that sentence. And I've got to tell you, there was a lot of happiness and applause that finally a celebrity that has done something wrong was going to get, you know, what was due.

This is a man that tore into her during that proceeding. He basically -- she was trying to blame everything apparently on her publicist, basically saying that he was the one who kind of steered her wrong, basically told her that she could drive, violating her probation.

And also, there was a question as to why aren't -- you know, weren't you reading certain things? Didn't a police officer pull you over and tell you basically that you were not allowed to drive and make you sign something?

And she had this -- her defense was basically, I sign things, I don't necessarily read everything I sign, and I don't necessarily open all of my mail. Michael Sauer, the judge, wasn't buying it. He was very angry with her at the time and he said, you know what? You're getting 45 days in jail, this is absolutely ridiculous.

He even at one point compared her publicist, Elliot Mintz, to Cyrano de Bergerac falling on the sword for his client. He just thought it was all ridiculous, and he did give her the 45 days in jail.

He also -- part of the terms of the conditions were that she was not to serve house detention. So it was very interesting that, you know, the L.A. County Sheriff's Department decided to give her that house detention. And that's why they're here today.

NGUYEN: Yes, Sibila, it's also going to be very interesting to see what the judge thinks about the sheriff's department, and if it will be held in contempt, because the sheriff's department is the area in which Paris was allowed. It was under their control and which she was sent home for home confinement, and that was something the judge initially said that he did not want to be done.

So of course we're going to see how that plays out not only with Paris, but with the sheriff's department as well. And we'll be following it, we'll be speaking with you shortly.

Thank you, Sibila.

VARGAS: OK. HOLMES: Congressman William Jefferson says he will sell every stick of furniture in his home if necessary to fight his federal corruption indictment. The Louisiana Democrat pleaded not guilty today to soliciting bribes, wire fraud, racketeering, money laundering, obstruction of justice, and conspiracy.

(BEGIN VIDEO CLIP)

REP. WILLIAM JEFFERSON (D), LOUISIANA: The alleged facts in the indictment were contrived merely as part of a sting, and all of the allegations are misleading and all of the allegations are untrue.

Did I make a mistake in judgment along the way? Yes, I did, that I deeply regret. But did I sell my office or conduct official acts for money? Absolutely not.

(END VIDEO CLIP)

HOLMES: And Jefferson's trial is scheduled to begin next January.

NGUYEN: General Peter Pace is on his way out. Yes. Admiral Michael Mullen apparently on his way in as chairman of the Joint Chiefs of Staff. That surprise announcement today from Defense Secretary Robert Gates.

CNN Pentagon Correspondent Barbara Starr is standing by.

We've watched a lot of things happen today, but this was especially surprising, because it seems like it has some political overtones here.

STARR: That's right, Betty. Just about an hour ago, Defense Secretary Robert Gates came out with this announcement that they were making a switch. But what is perhaps most interesting, as you say, is the political emphasis that was put on why this decision was made.

Listen to the secretary.

(BEGIN VIDEO CLIP)

ROBERT GATES, DEFENSE SECRETARY: It had been my intention from early in my tenure to recommend to the president that General Pace be renominated for another two-year term as chairman. However, after consultations over the course of several weeks with both Republican and Democratic senators, I concluded that because General Pace has served as chairman and vice chairman of the Joint Chiefs of Staff for the last six years, the focus of his confirmation process would have been on the past rather than the future.

(END VIDEO CLIP)

STARR: So, Betty, clearly just a very forthright admission from Secretary Gates that he didn't want to take the political heat of having a confirmation hearing in public that would be a discussion about the conduct of the war. It's a little hard to understand how that's going to be avoided now, of course, even with Admiral Michael Mullen coming in as the next proposed chairman of the Joint Chiefs. Admiral Mullen will have a confirmation hearing. Secretary Gates testifies before Congress all the time.

I think it's fairly unlikely that Congress is not going to take every opportunity, Democrat and Republican, to continue to question Bush administration officials about the conduct of the war. But Secretary Gates making it clear here that he just wasn't willing to go down that road. And he said it was his decision.

He didn't really mention President Bush extensively, saying it was his decision. But what we do know, what we have confirmed, is up until a few days ago, there was every intention to nominate General Pace as chairman yet again.

The nomination papers were done. They were complete. They were sitting on Secretary Gates' desk, we are told. Secretary Gates deciding, however, not to go ahead with it -- Betty.

NGUYEN: So, would you agree that this is symbolic, then, of Secretary Gates perhaps trying to distance himself from the war?

STARR: I think most people that -- especial the reporters that cover the Pentagon, most people that have watched Secretary Gates' tenure so far, he has tried very hard to say that he is sort of the new chapter since Secretary Rumsfeld, of course. He will often answer questions saying, well, that was in the past, that was before I got here, that's before I became secretary of defense.

There is some thought already emerging that this was partly an effort to close that loop, to start with a fresh team, people that were not here over the last several years. General Pace had been here for six years.

But of course now Secretary Gates also genuinely loses someone, General Pace, with a great deal of institutional knowledge about what has transpired in the war, what has transpired in policy and in military decision-making. So, there's going to be an upside that Secretary Gates sees, but there may also well be a downside.

And make no mistake, Admiral Mullen is a man with very strong opinions, very strong views himself. He has a lot of experience in command. He is someone that knows the Middle East well. He keeps a close eye on Iran. Admiral Mullen, the new proposed chairman, is likely to be an equally tough customer -- Betty.

NGUYEN: Well, we'll be watching to see if he gets the nod.

Barbara Starr joining us live.

Thank you, Barbara.

HOLMES: Mary Winkler sits in a Selmer, Tennessee, courtroom waiting to hear how long she might spend in prison for killing her minister husband. Winkler was convicted in April of voluntary manslaughter after testifying to what she said were years of emotional and physical abuse.

Today, she told his family how sorry she is and that she prays every night for them to find peace. People who knew the Winklers also addressed the court, including the victim's mother, who directed her comments directly to her daughter-in-law.

(BEGIN VIDEO CLIP)

DIANE WINKLER, MOTHER OF VICTIM: Not only did you kill him physically, you killed his character. You've murdered him all over again. And that is so sad.

Help was out there for you, Mary, if you just would have sought it. But you made a decision, you made a choice. It can't be taken back. But with choices and decisions we make there are always consequences, and you're no exception to the rule.

(END VIDEO CLIP)

HOLMES: And Mary Winkler's lawyers are expected to ask for probation. You're taking a live picture of the courtroom there in Tennessee. I believe this is one of her lawyers actually speaking right now. Legal experts say they doubt she'll spend more than a year and a half in prison.

As soon as we see the sentence being handed down, we will let you know. We're keeping an eye on this live picture of that courtroom.

NGUYEN: Well, is this a kidnapper? Is it a killer? This is Edwin Hall, 26 years old, facing a judge by closed-circuit video yesterday in Kansas. He is accused of snatching a teenager from a store parking lot last weekend, a young woman whose body was found two days ago.

Now, we just learned today exactly how 18-year-old Kelsey Smith died. The Johnson County District Attorney's Office says Smith was strangled by some sort of rope or cord.

She's no longer missing, but Danielle Erica Cramer still has a few mysteries to clear up. Police were surprised to find the 15-year- old Connecticut girl two days ago in a small room beneath a staircase in this house.

Three adults who live there are all under arrest while police get to the bottom of the story. Was Danielle kidnapped? Did she run away? Was it a little bit of both?

(BEGIN VIDEO CLIP)

JENNIFER HESSE, DANIELLE CRAMER'S MOTHER: We're really not sure at this point why. She's always been a very good child. She's always had really high marks in school, perfect attendance. We're not clear as to why she decided to leave.

(END VIDEO CLIP)

NGUYEN: Danielle is in custody of a state agency that'll decide whether and when she is returned to her parents.

HOLMES: All right. And still we're keeping an eye on the Paris Hilton saga.

Of course, she's expected -- or we're told she is in court right now finding out her fate, to see if she will be sent back to prison, back to jail, to see if she will serve out the rest of that 23-day sentence that she got. Of course she got out of jail after only three days because of a mysterious medical condition.

The judge wanted to hear about that. He's called this hearing, sent sheriff's deputies to her home to pick her up, bring her to the courthouse. Understand she's in the courtroom right now.

As soon as we get word, we will bring that to you, about exactly what her fate will be.

Well, there may be no better legal analyst on this case than you, the viewer. So, please, let us hear from you. Paris Hilton, justice served?

Please e-mail us at cnnnewsroom@cnn.com. Again, that's cnnnewsroom@cnn.com.

We're going to read your responses throughout the afternoon here in our NEWSROOM.

And that should be fun, Betty.

NGUYEN: Keyboards are fired up. We're going to get them coming in. I just can't wait.

(COMMERCIAL BREAK)

NGUYEN: Well, it is 2:15 Eastern, and here are three of the stories that we are working on in the CNN NEWSROOM.

We're waiting to see Paris Hilton, and so is a judge. In fact, we've been told that she is in a courtroom right now.

As soon as we get more on that, we'll bring that to you. But as you know, she's been ordered to attend court in person and not by phone for a hearing on whether she should go back to jail and serve the rest of her sentence.

And a surprise announcement from Defense Secretary Robert Gates. Joint Chiefs Chairman Peter Pace will retire. To succeed him, Gates plans to nominate Admiral Mike Mullen, the chief of naval operations.

And a Kansas D.A. says Kelsey Smith was strangled. The 18-year- old was kidnapped almost a week ago from a parking lot near Kansas City. Her alleged attacker is charged with first-degree murder.

And we also are following another court situation in Selmer, Tennessee.

You may remember this court case, Mary Winkler. She is going to be sentenced today on a voluntary manslaughter conviction in the shotgun slaying of her minister husband.

A little bit earlier she was standing in a courtroom and addressed her husband's family, saying, "I understand you're angry with me," but she said that she prays for them every night to have peace. And she's asked a judge to let her go home and be with her children, but also said whatever sentence she receives will never be enough punishment for her.

Again, Mary Winkler's sentencing hearing is today, and we should know momentarily what kind of sentence will be handed down to this mother who has been convicted of killing her husband. And we'll see what the judge says.

Well, another dead end for immigration reform, but is it really dead? The Senate proved last night it's just as divided as the rest of America on guest workers, border controls, and the millions of immigrants now in the country illegally. A procedural vote went down to defeat, foiling a compromise backed by top Democrats, some Republicans, and President Bush. Supporters say the battle is not over yet.

(BEGIN VIDEO CLIP)

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: This morning, I'm reminded of the 1967 Boston Red Sox team. The impossible dream team that was behind for a good part of the season but came roaring back and grabbed victory out of the jaws of defeat. And that is what we intend to do with the immigration bill.

We are not giving up. We are not giving in.

(END VIDEO CLIP)

HOLMES: Meanwhile, on CNN's "AMERICAN MORNING," Republican senator John Cornyn was asked whether immigration reform is dead.

(BEGIN VIDEO CLIP)

SEN. JOHN CORNYN (R), TEXAS: I hope not. This is the single most important domestic issue confronting our country today. And, you know, I really regret that the Democrat majority leaders squandered an opportunity.

We were very close, I think within a matter of days, of being able to complete this bill. And while I may not have been able to vote for it in the end, I do think it's important to get it down the road to the House so we can get a conference committee together and get a border security solution on the president's desk.

(END VIDEO CLIP)

HOLMES: White House counselor Dan Bartlett says the president is disappointed by the Senate vote but still sees a chance the bill could move forward.

NGUYEN: President Bush is in Poland this hour and feeling better, we're told, than he felt earlier today in Germany. An upset stomach forced him to skip some final meetings at the G8 conference.

There is the president -- wheels down in the Baltic town of Gerada (ph). We're going to get you that video.

He and Poland's president have a day of talks in front of them. Poland is one of NATO's newest members and has several hundred troops deployed to Iraq. The Bush administration is also considering Poland as a possible location for part of a European missile shield.

HOLMES: Well, you could say the main goal of the G8 meeting was accomplished. Although the leaders agree there is great value in a regular face-to-face meeting. They also made headway on the two dominant agenda items, the environment and a strongly-worded document calling for big cuts in so-called greenhouse gas emissions.

And yesterday, the eight leaders pledged $60 billion to combat AIDS and other diseases on the African continent.

NGUYEN: Well, we're going to get you more on that developing story, Paris Hilton in court today.

She was arrested at her home, driven by a sheriff's vehicle to the courthouse. Here's a live look at that courthouse.

The judge wants to know why she was let out early, what is this medical condition, and if the sheriff's department is going to be held in contempt of letting Paris go home, violating what the judge originally ordered as 23 days behind jail.

No sentencing at the house, nothing with an ankle bracelet. You have to do your time in jail.

We'll see how that plays out in court today and we'll bring you the latest.

(COMMERCIAL BREAK)

NGUYEN: Taking a live look there in Los Angeles, outside the courtroom there, where we understand Paris Hilton is inside speaking with the judge. The sheriff's department also there. At least members of that department there.

And the judge wants to know exactly what is this illness that allowed Paris out of jail and reassigned to home confinement with an electronic monitoring bracelet. That is something the judge really did not want.

Judge Michael Sauer said that he wanted her to spend 23 days in jail, spending it in home confinement was not an option. But apparently she was at home today, and a sheriff's deputy had to go and get her and bring her to court.

So we'll see how that plays out. And as soon as we get word, we are will bring it to you.

In the meantime, we have been reporting for some time that there is a severe drought in parts of the U.S., but this time we're not talking about bone-dry brush. No. We are talking about parched throats due to a beer shortage?

Susan Lisovicz is at the New York Stock Exchange.

(BUSINESS REPORT)

HOLMES: All right. Paris Hilton here. Her get out of jail card could be about to be revoked. I don't think that was proper English, but you knew what I was saying.

Paris Hilton goes back to court. Will she end up back behind bars?

We'll check in with Harvey Levin at TMZ.com.

The latest ahead in the NEWSROOM.

(COMMERCIAL BREAK)

NGUYEN: Hello, everybody. I'm Betty Nguyen live at CNN world headquarters here in Atlanta. Kyra Phillips is off today.

HOLMES: Don Lemon off, as well. I'm T.J. Holmes sitting in for him. And, boy, those two missed a heck of a news day because Paris is all over the place. She's checking in at the courthouse. No, not checking in at the Hilton Hotel this time.

NGUYEN: But the burning question: will she be headed back to the big house? And have they let her out of those handcuffs just yet? You're in the CNN NEWSROOM. We have the latest for you. And we're following things abroad as well.

We'll take you live now to Poland and President Bush. Feeling a little bit better. He was in Germany earlier and not feeling so well, a little bit under the weather. But today he is speaking in Poland, just finished that speech, indeed, as we look at this live picture. He was talking about Poland's contribution to the efforts in Iraq and Afghanistan. As soon as we get that sound in, we'll bring it straight to you. T.J.?

HOLMES: Meanwhile, we want to get back to Paris Hilton, if you will allow us. Harvey Levin, Managing Editor of celebrity Web site, TMZ.com has been all this story and I know you've been watching today. Harvey, good to see you again, sir. What do you think about what we've been watching today?

HARVEY LEVIN, MANAGING EDITOR TMZ.COM: Well, you know, I was a reporter in L.A. when the O.J. Simpson thing happened, and it really does kind of remind me of that. I mean, it's this fascination that goes way beyond the case itself. It's just kind of an event to watch. It's interesting. One of the things that we found out was the reason this hearing was delayed for two hours is because the sheriff's department and the judge were having a standoff. The judge ordered the sheriff's department to pick her up and the sheriff's department said we're not going to do it. We are not going to follow any of your orders because you don't order us around. We decide where prisoners stay, when they move, you don't. And they had a fight for two hours and the sheriff's department finally caved.

HOLMES: Now, it looked like -- we were watching these pictures. And it looked like this is a picture I haven't seen here yet. I guess this was today. Do you have a screen there. This is her in that police car, looks like she's pretty upset.

LEVIN: She was sobbing. She was absolutely sobbing. We've got that up on the site too. She knows that she's in for a rough road today. I think ultimately she's going to be OK, she's not going to have to go back, but I think the judge is going to order her back to jail. This judge is out for blood here. And I think if she wins she's going to win on appeal.

HOLMES: Now, why do you say out for blood on this judge's case? She did violate her probation two times, not once, but twice, reckless driving indeed, after she failed a sobriety test, so it wasn't a DUI but reckless driving, and she did violate her probation twice. Why do you say the judge is out for blood here?

LEVIN: You have to look at comparability. When you look at what somebody gets for an offense like that, they get two or three days in jail, period. If that. And she got 45 days. I'm just telling you, I mean, I'm a lawyer, I've been in L.A. for a long time. There's no sense you can make of that kind of a ruling. It's just so out of whack with reality. And she ended up serving about what anybody would serve because the sheriff would have sprung anybody free.

In this case, he sprung her free for medical reasons, and that's why everybody's taking -- the sheriff is taking so much heat right now. I have a feeling that an appeals court might save her, but the judge is probably going to order her back.

HOLMES: And Harvey, what is the medical condition? What else do you know? What do we know about what's wrong with her?

LEVIN: Well, I can tell you what happened. On Wednesday, Dr. Charles Sofie, a shrink, went to see her in the jail.

HOLMES: Whose shrink is that, by the way? Do we know?

LEVIN: It's her personal shrink. In fact, he had gone into court on a different case two weeks before, telling the judge in that case that she was fragile. But basically, he said, look, she's on the verge of having a nervous breakdown. The sheriff's -- the jailers then took it to the medical staff at the county facility and they signed off on it. The sheriff himself then signed off, and that's what allowed her to be, "reassigned."

HOLMES: And is that how that usually works? You can bring in your own shrink to evaluate you?

LEVIN: Well, if you can afford it you can bring in your own shrink. And do people who can't afford it get as much of a break? No, of course they don't. It's the way it works. But, you know, they're not prohibited from bringing a shrink in. She could afford it, brought hers in and that shrink supposedly convinced medical staff at the jail.

HOLMES: Yes, why should they take her shrink's word? Shouldn't the shrink -- I mean, he could be speaking on her behalf and tell them whatever she wants the police to know and then they take her shrink's word for it.

LEVIN: Well, they listen. The medical staff listened and then evaluated it and then concurred. So, this was not saying here's what's going on, rubber stamp it. The medical staff had to say yes to it.

HOLMES: What do you know about how she's holding up? We see that picture. She looks pretty broken up there and pretty upset. What do we know about how she has been holding up the past day or so?

LEVIN: I'm told not well. I mean, she knew this was going to be a problem and it's now a huge problem for her and realistically she could go back to jail. Now that she knows what jail is like it's even worse for her, and she now faces a tough time potentially unless this appeal court saves her. But she's not doing real great.

HOLMES: And Harvey, oftentimes people say any press is good press, and she's certainly had a number of stories that have been derogatory about her. She always bounces back, seems to be popular still among a lot of folks. Is this one story still, its out there and it's a lot, a lot, of press, is this bad press and is this going to hurt her?

LEVIN: No. I mean listen, what celebrities want most is to be relevant. And what they hate is when is, you know, when they walk a red carpet and nobody takes a picture. It's just the way they roll. And in this case, I mean, look at what attention this woman is getting. I mean, it's hilarious. And, you know, you guys had a helicopter up. There were paparazzi on the ground. Your are covering -- how much time have you guys spent covering it today? I mean, she loves that. Any celebrity would relish something like this.

HOLMES: Yes, and as you say, Harvey, this is one of the longest interview segments I have done in quite some time.

LEVIN: I'm sorry.

HOLMES: Talking about Paris Hilton. Not your fault, man. Not your fault at all. There is some interest and people are curious. We still had to put this all in prospective. But at the same time, you're right.

Harvey Levin, you've been all over this thing at TMZ.com. We appreciate you. I'm sure you and I will be speaking again soon. LEVIN: Absolutely. See you.

NGUYEN: Let's get you to some other news now, shall we? The president has just wrapped up a speech in Poland. He's there today speaking with the Polish president. He's also talking about the topic of Poland contributing to the efforts in Iraq and Afghanistan, and we do have that sound in now. We're going to take it to you. Here is the president speaking.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, U.S. PRESIDENT: I thank you and I thank the people of Poland for the sacrifices being made so that others may live in a free society. You've deployed nearly 900 troops in Iraq, troops that are helping the helping Iraqi people, defend their young democracy against extremists, radicals who murder in the name of an ideology to deny people to the right to live in a free society.

I thank you for the leadership, appreciate the fact that you've made the decision to extend the deployment through 2007. That is a bold and hard decision, I know. The people of Iraq will never forget it.

(END VIDEO CLIP)

NGUYEN: The president speaking in Poland. I'm just hearing word right now that the president has departed Poland and he's flying on to Rome. But while there in Poland, the president was speaking with the Polish president and dealing with another issue, too, considering Poland as a possible location for part of a European missile shield, speaking not only on the issue of Iraq but that as well.

Of course, we're following all of this and we'll bring you the news as it relates to the president once he touch downs in Rome. T.J.?

HOLMES: All right, Betty. And of course we're keeping your eye on the Paris Hilton saga, expected right now or believed right now she is in a courtroom there in Los Angeles talking to a judge about what exactly the circumstances were that allowed her to leave jail early. Getting out of jail three days into her 23-day sentence for violating probation on a reckless driving charge. Expect she's in that hearing now, hope to get more information about what exactly her medical condition was, and why the sheriff thought the best thing to do was to send her home with that ankle bracelet for that home arrest, house arrest, and to be monitored there and not to spend her time in jail.

The judge was a bit upset about how things went down, so he's getting information about that now. When we find out what happens to her, a possibility she could be going back to jail, we will bring that to you as soon as we get word.

Meanwhile, got some fighting words to tell you about -- kind of, sort of.

(BEGIN VIDEO CLIP) UNIDENTIFIED MALE: And he called me a son of (INAUDIBLE). Where I grew up, that's somebody talking bad about your mother.

(END VIDEO CLIP)

HOLMES: Oh, don't -- don't you be talking about my mama. You don't -- you talk about my mama!

NGUYEN: That's what happens when you do, right?

HOLMES: Do not talk about my mama. This is politics, that's a spectator sport, at the Alabama Senate. We'll take you ringside, next in the NEWSROOM.

NGUYEN: Ouch.

(COMMERCIAL BREAK)

NGUYEN: All right, here's another live look. We are on Hilton watch this afternoon, outside the courtroom there. We have a reporter inside as well. So, we'll get that news just as soon as it's available.

Paris Hilton back in court today. The judge has ordered her to be there in person. In fact, there was some word that she was going to do this via phone, but the judge said oh, no, no, you will show up. In fact, he sent a sheriff's deputy out there to pick her up at her home.

She spent just about what -- three days in jail this week and was let out early on home confinement with an electronic monitoring bracelet under the assumption that she had some kind of illness that prevented her from serving her sentence in jail. The judge of course, is going to find out indeed what that illness is. And as soon as we learn more about the case, we will bring it straight to you.

HOLMES: All right, we are of course getting a lot of e-mails in response to this particular story.

NGUYEN: Oh, yes.

HOLMES: Betty.

NGUYEN: And we're not sure what upsets you more, Paris getting out of jail or the fact that we're even covering this story. Sometimes, yes, we scratch our heads about it, too, but let me just tell you this.

Mike writes, "I am sick of hearing about Paris Hilton. She should be serving her jail time in the general jail population like any other prisoner. I want to hear about our heroes serving in the military not about a spoiled rich brat!"

HOLMES: All right, and a lot of folks agree with B, who writes to us. "Why are you participating in making Paris Hilton a celebrity for doing absolutely nothing but breathing? Get over yourselves" -- I think talking to us, Betty, me, me and you ...

NGUYEN: We're just doing our jobs, we're just doing what we're being told.

HOLMES: "Get over yourselves and stop making a fool of this ridiculous person as well as yourselves" -- again, me and you, Betty. "Nobody beyond puberty cares."

NGUYEN: Well, Dan had some fun with it, and he says this, "If Paris Hilton does in fact serve her time under house arrest, maybe the judge should take her passport. If not, she might end up being Michael Jackson's roommate in Bahrain!"

I can't believe what people are saying.

All right, keep those e-mails coming. We hear you, we hear you, but we're still covering it because this is news today, and of course we will keep you up to date on what is happening inside that courtroom because there are a lot of implications.

In fact, we have some more guests coming up dealing with the legal ramifications of all of this.

HOLMES: All right, well, we will turn from Paris Hilton now to some politics, a fight in politics. A physical fight in politics. Story of a state senator who put the bam in Alabama. Tensions boiled over during a final day of this year's legislative session.

And Eileen Jones of CNN affiliate WSFA has the blow by blow.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: ...giving a little, it's our way or the highway.

EILEEN JONES, WSFA REPORTER (voice-over): The dispute between the minority group that's made up mostly of Republicans and the majority group, of 18 Democrats continues through this, the last day of the regular session.

UNIDENTIFIED MALE: I really -- I get tired of getting damn run over. Then I get unreasonable.

UNIDENTIFIED MALE: Hey, we need to cut that kind of talk out, fellas. You know better than that.

JONES: So senators could regroup, they voted to take a recess, but that's when emotions flared.

CHARLES BISHOP, (R) ALABAMA STATE SENATE: And he called me a son of a (INAUDIBLE). Where I grew up, that's somebody talking bad about your mother. And when he did, I responded with my right hand. And from that point on, I don't know what happened because people grabbed me and I turned around and walked off.

JONES: And this is what happened. The two seemed to be in a heated discussion when Bishop hauled off and hit Barron. Security and other senators rushed in and pulled Bishop away. And afterwards, Bishop had only one regret.

BISHOP: No, I'm not apologizing for that at all. I'll apologize for it happening out here.

JONES (on camera): But you're not apologizing -- I'm sorry. What is it you're not apologizing?

BISHOP: I'm not apologizing -- if he calls me that again, it'll happen again.

JONES (voice-over): Senator Barron says Bishop hit him on the neck and he says it was a hard punch.

LOWELL BARRON, (D) ALABAMA STATE SENATE: He used real provocative language at me and I did not call him what he said I did.

JONES: The Democratic senators then asked the Senate to expel Bishop for the rest of the session.

VIVIAN FIGURES, (D) ALABAMA STATE SENATE: I do fear for my safety here in this body. And I should feel safe when I come here.

HANK SANDERS, (D) ALABAMA STATE SENATE: We are removing him from this floor so he won't hit anybody else. We are removing him from this floor so we won't have another incident that embarrasses all of us.

HANK ERWIN, (R) ALABAMA STATE SENATE: I am not going to lay all of the blame on Senator Bishop because it's been going on on both sides. And there has been in the backs of people -- backstabbing. There has been what I call abusive language on both sides.

BISHOP: I love every one of you. Most of all, I love this chamber. I'm going home. And y'all have a good day.

(END VIDEOTAPE)

HOLMES: All right, the Democrat didn't hit him back. I mean, they say Democrats are weak on defense but that was ridiculous.

NGUYEN: Oh, come on, T.J.

HOLMES: OK, that was Eileen Jones of CNN affiliate WSFA. May not be the end of this incident, actually. The senator who was hit has not ruled out filing charges, and again, he was the Democrat. I'm just saying what they say.

NGUYEN: I hear what you're saying, but we're going to move on to this story.

HOLMES: All right, we're letting that go.

NGUYEN: Yes, we are, for your sake. Mary Winkler's sentencing is under way in Selmer, Tennessee. She is the mother of three who is convicted of voluntary manslaughter in the shotgun slaying of her minister husband. We want to take a listen to the sentencing as it's taking place right now.

(JOINED IN PROGRESS)

UNIDENTIFIED MALE: ...spousal abuse. Thus, the defendant contends this factor should imply to the sentencing, both at trial and at this hearing, the defendant presented testimony regarding her mental condition at the time of the commission of the offense. This court has considered the extensive testimony presented by the Dr. Saiger (ph) at trial and additional testimony and argument offered by counsel at sentencing hearing and finds this factor should apply.

However, this court finds to give some credit to the testimony of Dr. Saiger at trial. Dr. Sager indicated both at trial and at sentencing that she found the defendant suffers from a mental illness and is in need of treatment. Thus, this court has considered the defendant's condition in its sentencing determination.

The next consideration for mitigation is whether the defendant held a sustained intent to violate the law for the circumstances of this offense are such that it is unlikely that the defendant was motivated by a sustained intent to violate the law.

Additionally, the court finds the defendant has had no prior criminal history. Therefore, the court finds the lack of criminal history or record and gives great weight to this mitigating factor. The court finds the defendant has complied with the rules of her release status and gives weight to this mitigating factor as well. The defendant's supervising probation officer has testified that she's been fully compliant, has met with her at all appropriate times and has maintained decorum.

Thus the court finds that the presence of these two enhancing factors, the crime involved the use of a firearm and the defendant has a history of criminal behavior two mitigating factors, those being that the defendant has had prior criminal history and the defendant complied with conditions of release.

Therefore, upon weighing the enhancement and mitigating factors, the court finds that the appropriate sentence is to be within the range of three years.

With regard to judicial diversion, the defendant seeks judicial diversion for code annotated 4035-313. After reviewing the defendant's request, arguments of counsel and testimony presented at trial, this court does not find the defendant to be a suitable candidate for judicial diversion. According to law, a person is eligible for judicial diversion if he or she is found guilty or pleads guilty to a class C, D, or E felony and has not been previously convicted of a prior felony or class A misdemeanor.

Thus it appears preliminary that the defendant meets the statutory criteria to be considered eligible for diversion. However, it is within the trial court's ...

NGUYEN: All right, we're going to have to break away from this just momentarily as he continues to read through the list there because Mary Winkler has not been sentenced as of yet. We're getting to it and as soon as it happens, of course, we'll bring it to you.

But Mary Winkler again sentenced on -- convicted of voluntary manslaughter. Her sentence taking place right now. And as soon as we get word of that, of course, CNN will bring it to you. We'll have much more to come. You are in the CNN NEWSROOM.

(BEGIN VIDEO CLIP)

HOLMES: Taking you back to Los Angeles. Live picture at the courthouse where Paris Hilton is in there, we assume, trying to explain why she had a medical condition that convinced the sheriff's department to let her out three days into her 23-day sentence. We've been watching this really spectacle for some time this afternoon.

The judge sent sheriff's department authorities to her house to pick her up. There she is in handcuffs, being picked up by sherrif's authorities. Taken to a hearing that she wasn't scheduled to appear at, was just going to phone in. The judge said that wasn't going to work.

This is one of the latest pictures we have there, certainly a distraught Paris Hilton being driven on the courthouse. But the hearing is going on now. We're keeping an eye on the hearing waiting to see if, in fact, she will be sent back to jail to finish out that sentence. When we get word, we'll bring it to you.

NGUYEN: We are watching another hearing today in Tennessee, that one of Mary Winkler. A sentencing hearing is taking place as we speak. You're looking at a live picture right now. Mary Winkler has a voluntary manslaughter conviction in the shotgun slaying of her minister husband. We will find out what that sentence is shortly. When we do, of course, we'll bring it back to you.

I just want to tell you one other thing about today's hearing. Mary Winkler did address her husband's family, saying, quote, I understand you're angry with me but saying she prays for them every night to have peace. She has also asked the judge to let her go home today and be with her children but has said whatever sentence she receives will never punish her enough. So, as soon as we get word of that sentence, we will bring it to you live here on CNN. You are in the NEWSROOM. Don't go anywhere. We are following a lot of stories today and you don't want to miss them.

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