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U.S. Continues Push into Baquba; Woman Branded on Cheek

Aired June 23, 2007 - 14:00   ET

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

BRIANNA KEILAR, CNN ANCHOR: Straight ahead, a routine traffic stop turns into a close call for this deputy and it's all caught on camera.
Also CIA skeletons in the closet. One of the most secret institutions in the world is about to go public with its dirty laundry.

Plus...

(BEGIN VIDEO CLIP)

DAVID MATTINGLY, CNN CORRESPONDENT: Whoa! Oh, ouch. That hurt.

(END VIDEO CLIP)

KEILAR: Holy carp, is this an angler's dream or is it an ecological nightmare?

Hi there. I'm Brianna Keilar in for Fredricka Whitfield. Those stories coming up in the newsroom.

First, our top story, hitting al Qaeda militants in Iraq. A major U.S.-led offensive targets the insurgent stronghold of Baquba, that's north of Baghdad, and CNN's Hala Gorani has the latest.

HALA GORANI, CNN CORRESPONDENT: Here's the latest really on Operation Arrowhead Ripper. You mentioned that it is targeting insurgent bases in a province north and east of Baghdad. That is Diyala. And especially focusing on the capital of that Diyala province, Baquba, involving 10,000 U.S. troops.

Now this is taking U.S. troops closer to danger, closer to action on a house-to-house, block-to-block search for these insurgents, as well as factories that manufacture car bombs and IEDs. IEDs that are the biggest killer of American troops.

Now the question out there is, did some of these insurgent groups leave the area Baquba and Diyala province in anticipation of such an operation? General Odierno told reporters -- he's the number two commander of U.S. forces in Iraq, that that was a possibility. So that is a big question.

Also, is the insurgency, if it has indeed left some of these areas targeted by U.S. troops, relocating to other areas? So these are all big questions left up in the air as this operation enters its sixth day -- Brianna. KEILAR: And, Hala, you know, we're hearing that there are some new developments involving Iraq's parliament. What can you tell us about that?

GORANI: Well, parliament has essentially extended its session until the end of July. Now the reason given for that is to work on draft legislation -- work on voting on draft legislation that the U.S. considers essential to political reconciliation in Iraq.

One of those laws that the U.S. hopes to see passed is a law to share the revenue of oil in this country. Iraq is a very oil-rich country. And all sects are going to want to be able to share the revenues of this very important natural resource.

However, no draft laws have been presented essentially to parliament. So whether or not the extension of this session will mean anything with that regard is also an open question.

KEILAR: That was Hala Gorani for us there in Baghdad. And there's still some talk of bringing some U.S. troops home from Iraq by spring of next year. But the U.S. military warns the Iran factor may thwart those fans.

CNN Pentagon correspondent Barbara Starr explains.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): Even as combat operations continue, once again, a top U.S. commander is raising the prospect that some of the 160,000 U.S. troops now in Iraq could come home.

LT. GEN. RAYMOND ODIERNO, CMDR., MULTINATIONAL FORCE IRAQ: I think if everything goes the way it's going now, there's a potential that by the spring we would be able to reduce forces and Iraq's security forces could take over.

STARR: But it's a big if. First, Lieutenant General Raymond Odierno says, Iraqi troops must handle security in key areas of Baghdad, as well as Baquba and elsewhere in Diyala province, where U.S. troops are battling insurgents and al Qaeda. The upcoming September security assessment may be the first sign of whether a drawdown is feasible.

And there's more evidence that Iran has increased weapons shipments, training and support for extremist groups in Iraq over the last three months.

ODIERNO: I think maybe Iran decided to surge more money, conduct a bit more training and surge a few more weapons into Iraq.

STARR: The U.S. military expects to unveil new evidence in the days ahead but Odierno offered some initial details.

ODIERNO: We have found a few people that were Shia extremists that were connected to -- had some training in Iran. Those mostly being the mortar and rocket teams inside of Baghdad where they were trained in Iran and came in here to conduct attacks against not only coalition, Iraq security forces, but government of Iraq targets inside of the Green Zone.

STARR: In fact, U.S. forces attacked a site hiding Iranian rockets that were aimed at the Green Zone. Some of the rockets had already been fired.

(on camera): The combat operations in Baquba and other parts of Diyala province are part of the effort to cut off the flow of weapons from Iran. If it doesn't work, there's no prediction when there might be enough security for U.S. troops to begin coming home.

Barbara Starr, CNN, the Pentagon.

(END VIDEOTAPE)

KEILAR: CNN correspondents discuss the military offensive in Iraq on "THIS WEEK AT WAR." You can join host Jamie McIntyre tonight at 7:00 Eastern, for "THIS WEEK AT WAR."

And we've learned more today about the tragic fire that killed nine firemen in a Charleston, South Carolina furniture store on Monday. Investigators have completed their site investigation, and while they still aren't saying what started the fire, they are saying where it started.

(BEGIN VIDEO CLIP)

KEN CHISHOLM, ATF SPECIAL AGENT IN CHARGE: The local ATF office, SLED the sheriff's office, the police department, the fire department will continue the investigations to determine the cause of the fire. Our own scene investigation has shown that the area of origin for the fire is the loading dock area.

(END VIDEO CLIP)

KEILAR: You can help the families of the Charleston firefighters and other causes. Just take this opportunity to do something about the issues that matter to you. You can logon to cnn.com/impact, and with a click, you'll get the information you need to take action. You can be part of the solution, using the news on CNN to impact your world. Again, just go to cnn.com/impact.

Danger in the line of duty. A Wisconsin sheriff's deputy is recovering from a frightening ordeal. The incident, captured by the deputy's dash camera. Deputy Jennifer Mueller (ph) had stopped a motorist suspected of assaulting his girlfriend. The suspect hit the accelerator and drove off, dragging Mueller with him. He was later arrested and charged with assault and fleeing a police officer. And the deputy suffered scrapes and bruises.

Also a disturbing story out of Pennsylvania. A school crossing guard charged with more than 1,000 counts of alleged child molestation. Dale Hutchings was arrested Tuesday in Berwick, Pennsylvania, and he is charged with molesting seven children under the age of 13. Police say Hutchings allegedly took the kids to his home, which is within sight of the school.

And in Arizona, revenge taking a brutal turn. Tess Rafols of our affiliate KTVK has this story.

(BEGIN VIDEOTAPE)

TESS RAFOLS, KTVK REPORTER (voice-over): This apartment, police call it the site of a brutal crime. Neighbors say they always heard screaming, fighting, even cries for help coming from inside.

UNIDENTIFIED FEMALE: I always heard yelling and screaming. And you did this. You did that. And leave me alone. What did I do?

RAFOLS: Police say this is where a 38-year-old woman was kidnapped, beaten, and branded with a hot iron. The word "snitch" scorched into her cheek. Then blind-folded, driven and dropped in this nearby neighborhood.

SGT. CHUCK TRAPANI, MESA, ARIZONA, POLICE: I've been in law enforcement for close to 20 years. I mean, been homicides, ag assaults, but I've never seen anybody brand another person, especially in the facial area.

RAFOLS: According to police, this is how it happened. This couple looked for their victim for a year. She called police to report him beating her. Her kids were taken away. Last week, these men lured the victim to the apartment, probably promising drugs. And they called the couple, now accused of enacting their revenge.

TRAPANI: The suspects basically take chunks of her hair off her head. Her face is branded with the word "snitch." Apparently they brought a branding iron with the word "snitch" on it, and they had a propane torch that they heated the branding iron up and then they applied it to the victim's face.

RAFOLS: Neighbors didn't know anything like that was going on next door. But they're glad it won't happen again.

(END VIDEOTAPE)

KEILAR: That report was from Tess Rafols of our affiliate KTVK.

A horrifying accident, and now two amusement park companies, Six Flags and Cedar Fair Entertainment have shut down eight thrill rides in the U.S. and Canada. The rides are similar to one in Kentucky, where a cable broke, slicing off a teenage girl's feet. The Superman Tower of Power lifts passengers nearly 200 feet into the air and then it drops them straight down at more than 50 miles an hour. The Swiss company that makes this ride says it did not supply all of the parts. Before Thursday's accident, the ride in Kentucky had passed inspections.

And everyone has got their dirty laundry. But now the CIA is hanging some of it out to dry. As you'll see, some secrets aren't pretty.

And CNN is recognizing real-life heroes. Today, we spotlight a man from Africa who's fighting to protect a rare mountain gorilla.

But coming up next, it's gay pride weekend, and with that we ask, how many Americans are gay? The facts and figures are next.

(COMMERCIAL BREAK)

KEILAR: Here are a few of the most popular stories on cnn.com this Saturday. This Wisconsin woman insists she is not a monster. She and three roommates are accused of killing a woman, and police say they found the victim's 11-year-old son in a closet, bloodied and burned. Police describe the suspects as drifters.

Your Uncle Sam is getting even nosier. He's asking about sex. A government survey finds men have a median of seven sexual partners in a lifetime. Women, four. Interestingly, 4 percent of American adults, that's close to 9 million people, say they have never had sex.

And then there's this, Hollywood's snarkiest peddler of celebrity trash is getting trashed. Perez Hilton's Web site was yanked offline for a day this week. Paparazzi claim he's using their photos without permission. But Perez says, hey, it's just satire and he's back up on a new survey -- or server, rather.

Now gay and lesbian pride is being celebrated in many cities across the globe this week. But behind the show, a religious debate over acceptance divides congregations. In our series, "Uncovering America," CNN's Kara Finnstrom with a tale of two churches.

(BEGIN VIDEOTAPE)

KARA FINNSTROM, CNN CORRESPONDENT (voice-over): The Anglican Church, steeped in history, now bearing the blows of the latest culture war over gay and lesbian rights.

REV. MARK ASMAN, TRINITY EPISCOPAL CHURCH: Gay and lesbian people are full human beings. They should be entitled to all of the sacramental rights.

REV. BRIAN COX, CHRIST THE KING EPISCOPAL CHURCH: We have to find some way to be inclusive of gays and lesbians, but I think that the manner that we're going about it is inconsistent with what the scripture teaches.

FINNSTROM: Father Mark Asman and Father Brian Cox both lead American Episcopal congregations on opposite sides of town with opposite points of view. Decades ago, father Asman was tortured by his own sexuality.

ASMAN: And I did not believe I could be an openly gay priest, and felt that I had to deny my sexuality, discipline it. I even tried to heal it. And sadly enough, and I'm embarrassed to say, that even at one point I sought out exorcism.

FINNSTROM: Father Asman says he now accepts his sexuality, and openly blesses same-sex unions, like that between Carola Pisani and Shawn Carey. CAROLA PISANI, WORSHIPS AT TRINITY: More and more we feel comfortable and have a sense of belonging.

FINNSTROM: Pisani and Carey both grew up in the Catholic Church, but wanted to be openly blessed and supported as a couple.

SHAWN CAREY, WORSHIPS AT TRINITY: For me, it's just the example of Jesus, what his idea and philosophy and treatment of people who are more marginalized in the society of his time.

FINNSTROM: Much of Trinity's congregation is proud of what they see as their church's march towards equality, citing full rights for homosexuals as evidence of progress.

Many at Christ the King Church disagree.

COX: The interpretation that some liberal leaders are drawing at this time is inconsistent with how scripture has been interpreted throughout the time of history.

DOROTHEA PHELAN, WORSHIPS AT CHRIST THE KING: I don't wish anything bad for them. I just don't want them to be married with the blessings of the church, and I don't want them as spiritual leaders in my life. Anybody who has read the scriptures in St. Paul and in the Old Testament believe that the lord feels that the practice is an abomination.

FINNSTROM: The two rectors call themselves friends. Friends with differences based on sincerely-held, very different interpretations of scripture.

(on camera): But this isn't just a struggle between two churches in the coastal city of Santa Barbara. In the 150-church diocese of Los Angeles, four churches have felt so polarized that they've completely broken away from the American Episcopal Church.

BISHOP JON BRUNO, LOS ANGELES DIOCESE: We're an evolutionary church in the sense that we need to grow with the times.

FINNSTROM (voice-over): Bishop Jon Bruno oversees the L.A. diocese. He says he's saddened by the loss of the four churches which joined more conservative branches in other countries, essentially ending the dialogue.

LYNN BUNTING, WORSHIPS AT CHRIST THE KING: That, I think, is the part that gets -- breaks my heart the most, is that people leaving over this issue.

FINNSTROM: Kara Finnstrom for CNN, Santa Barbara.

(END VIDEOTAPE)

KEILAR: One year after adopting a more gay-friendly stance, Wal- Mart may be doing an about-face. Fortune magazine says the retail chain is curbing its support for gay organizations after criticism from conservatives. Now Wal-Mart denies there has been any retrenchment, but it confirms it is not planning new corporate level contributions to gay or lesbian groups.

And with gay pride celebrations going on this weekend, one of the most basic questions, how many people are there in America's gay community? And now we bring in CNN's Josh Levs. He is here with a "Reality Check."

So what's the word?

JOSHUA LEVS, CNN CORRESPONDENT: Yes, well, you know something? You know what I realized this week looking into this story?

KEILAR: What's that?

LEVS: Everyone in America has a theory on how many gay people there are in America.

KEILAR: So you would say that Kinsey study back in the day said 10 percent. But that was controversial and everyone has an opinion.

LEVS: I'm glad you said the 10 percent thing. Because that's a figure we're going to, in a way, take a look at. Here's what we did. You know, as I'm saying, more people -- more theories out there than there are people, really, if you want to look into how many gay people there are in America.

But it turns out there have been some government studies. So what I'm going to show you now is the closest thing we have to concrete figures.

(BEGIN VIDEOTAPE)

LEVS (voice-over): There's no question, America's gay population has gained prominence and become more outspoken in recent years. And some stars coming out have helped draw attention to it. How many Americans are gay? There's no way to know for sure, but a study by the Centers for Disease Control and Prevention in 2002 asked people confidentially about their sexuality.

Among men aged 18 to 44, 90 percent said they were heterosexual. About 2 percent said they were homosexual. Another 2 percent said they were bisexual. Six percent did not identify with any of those groups. Among women, the numbers were similar, 90 percent said they are heterosexual. One percent said they are homosexual. About 3 percent said they are bisexual. And 6 percent did not identify. So overall, 4 percent of men and women called themselves gay or bisexual and 6 percent left their sexuality unclear.

Is the gay population growing? The CDC points to a study 10 years earlier by the University of Chicago in which 97 percent of men and 98 percent of women identified themselves as being heterosexual.

But that study was different and included an older sample of people. The CDC also points out that its figures have slight margins of error, less than 1 percent. Researchers say there is no proof of whether America's gay population is growing or shrinking. Also, keep in mind, the surveys depend on people being honest. (END VIDEOTAPE)

KEILAR: You know, and that brings up a very important point, because some people say when you have these self-reporting studies, are you sure it's accurate? I mean, what did the government do here to ensure that there was confidentiality?

LEVS: Exactly. You know what they did in this case? They actually put people alone in a room with a computer and they said, look, no one will ever know what your answer is because people all over the country are taking part in this same survey. No one will be able to go back and say, you're the one who put this amount of information in there.

So they really tried to siphon it off so people would feel confident. Even still, the researchers say they know some people are not going to be honest, some people will hold back and in some cases people might not even be honest with themselves about the whole picture of their sexuality.

KEILAR: It makes you wonder if we'll ever really get an accurate -- you know, the statistics will ever truly be accurate.

LEVS: I know. As a "Reality Check" guy, I can't stand that. It's like you've always got to have the hard facts.

KEILAR: Hang in there. Hang in there, Josh.

LEVS: I'll give it a shot.

KEILAR: All right. Thank you so much for that. And you know, you can get more on "Uncovering America" at cnn.com. And our special report examines the state of gay and lesbian life in the U.S. So what do you think? Is American society accepting of homosexuality? How accepting? Logon to cnn.com/uncoveringamerica, and let us know.

And this just in to CNN, police in Illinois have made an arrest in the murders of a wife and her three children. According to The Chicago Tribune, the suspect is the woman's husband. The paper reporting that police arrested Christopher Vaughan (ph) just a short time ago. Nine days ago, Kimberly Vaughan (ph) was found shot to death along with her 12- and 11-year-old daughters, and her 8-year-old son. Their bodies were found in the family's SUV about 50 miles outside of Chicago. The children's father was shot in the thigh and he survived. Funerals for the family members are being held today and police are talking to reporters about their investigation right now. And we're going to bring you more updates as soon as we get them.

KEILAR: The dark secrets of America's intelligence past.

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BRIAN TODD, CNN CORRESPONDENT: CIA Director Michael Hayden says next week he will declassify and make public more than 700 pages of old internal documents called the "family jewels."

KEILAR: A preview of what's in those documents, and who. That's coming up in 10 minutes.

And he's dedicated to his -- or he has dedicated his life, rather, to saving an endangered species. And that makes him a "CNN Hero." His story, next in the NEWSROOM.

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KEILAR: One man taking a stand to save lives in Africa. The lives of rare mountain gorillas. His work makes him a "CNN Hero." Here's his story, in his own words.

(BEGIN VIDEOTAPE)

EUGENE RUTAGARAMA, "DEFENDING THE PLANET": When you approach a group of gorillas, the first feeling that you are approaching a relative, a human being.

In this region, we have been able to bring conservationists from the three governments together to sign an agreement to protect these mountain gorillas.

Having rangers to cover the park with their patrol means that we keep the poaching at the lowest level. But the poaching is still there.

My name is Eugene Rutagamara. My work is to protect mountain gorillas in their habitats.

When I come back from Burundi, Rwanda was devastated by the genocide. You would see the bodies of dead people, of thousands of people. The whole country had to resume from scratch. My attention went to the national park.

If these parks were not protected, it means that we have lost the mountain gorillas, which is a hobby for many tourists. It brings foreign currency for this country, which helps to conserve this park.

Gorillas can't really do much if a human being has decided to decimate or to kill the gorillas. They need to be defended. They need to be protected by human beings.

(END VIDEOTAPE)

KEILAR: If you'd like to help protect the mountain gorillas, you'll find all the information you need at cnn.com/heroes.

How much are a pair of pants worth, 50 bucks? Maybe even 150? Well, how about $54 million? The lost pants lawsuit ahead in the NEWSROOM.

And speaking of laundry, the CIA airs out some of its dirty laundry. Deep, dark secrets next in the NEWSROOM.

(COMMERCIAL BREAK)

KEILAR: Let's update a breaking news story now. Authorities in Illinois have filed murder charges against a father accused of killing his wife and three young children. That's according to the "Chicago Tribune" newspaper, and the Associated Press.

The newspaper reports that Christopher Vaughan (ph) was arrested earlier today, and now faces eight counts of first degree murder. Nine days ago, Kimberly Vaughan (ph) was found shot to death along with her 12 and 11-year-old daughters and also her 8-year-old son. Their bodies were found in the family's SUV about 50 miles outside of Chicago.

Funerals for the family members are being held today in nearby Saint Charles, Missouri. And that's where authorities arrested Vaughan. They're now working to extradite him to Illinois.

And the CIA critics often accuse the agency of crossing the line in the fight against terror. Well, upcoming documents suggest spies have always gotten their hands dirty on the job.

Here's CNN's Brian Todd.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice-over): Wiretapping, surveillance, break-ins, opening mail, infiltrating dissident groups. The CIA is prohibited from those operations domestically, but did so anyway in the 1960s. CIA Director Michael Hayden says next week, he will declassify and make public more than 700 pages of old, internal documents called the "Family Jewels."

TOM BLANTON, NATIONAL SECURITY ARCHIVES: This is the CIA's internal assessment, written by the senior CIA officers of what might have been illegal, what crossed the line, what was over the edge, what was outside the charter.

TODD: Among the activities they found, wiretapping and surveillance of several journalists, including Brit Hume in 1972, when he was a researcher for Investigative Reporter Jack Anderson.

PETER EARNEST, INTERNATIONAL SPY MUSEUM: They use the phone, they see people, they travel about, they drive their cars. So, at any given time, they're exposed to circumstances in which their phones could be tapped, their movements monitored.

TODD: Other illegal activities exposed in the documents? The infiltration of anti-war groups, opening mail to Americans from the Soviet Union and China, including four letters to Jane Fonda.

EARNEST: It was doing what it believed to be -- what it was being directed to do, by the executive office. And by that, I mean the White House.

TODD: A front page story in 1974 on eavesdropping prompted an internal review by the CIA director at the time. But the agency kept the lid on the "Family Jewels" for 30 years.

Then, National Security Adviser and Secretary of State Henry Kissinger argued in a 1975 meeting, "If they come out, blood will flow. For example, Robert Kennedy personally managed the operation on the assassination of Castro." The plot never came to fruition, and political assassinations are now counter to U.S. policy.

(on camera): Current CIA Director Michael Hayden says he is working to make the agency as open as possible. Today, there is far more oversight from Congress, and the debate over privacy versus intelligence, is more public. But as these documents show, it is just as controversial as it was decades ago.

Brian Todd, CNN, Washington.

(END VIDEOTAPE)

KEILAR: Senate Democratic Leader Harry Reid promises an investigation of Vice President Cheney for Cheney's refusal to cooperate with a government office. That office collects national security data from the executive branch. But Cheney says his office is not part of that branch. Critics call that assertion silly. And they also claim that Cheney has tried to abolish the office that's trying to collect the data, a claim Cheney aides will neither confirm nor deny.

Well, it would make a really bad B-movie, "Attack of the Fish." But lately, fish are flying all over the place. That story 15 minutes away.

But coming up next, our legal guys for a look at one of the most unique and maybe absurd court cases that you've ever heard about.

You're watching CNN.

(COMMERCIAL BREAK)

KEILAR: Disgraced and disbarred, former Durham D.A. Mike Nifong on notice. He could face criminal charges in North Carolina, and attorneys for three Duke students falsely accused of rape have asked a judge to hold Nifong in criminal contempt of court. The charges carry a 30-day sentence and a $500 fine. The State Bar found that Nifong's relentless pursuit of the students during his election campaign was politically motivated.

Now, let's see what our legal experts have to say. Richard Herman is actually -- OK, Richard Herman is a New York criminal defense attorney and law professor. And we're also joined by Avery Friedman who's a law professor and a civil rights attorney.

Hi, guys. Thanks for joining us, we really appreciate it.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Brianna.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hey, B.K.

KEILAR: Now, I want to ask you about this -- what do you think is likely to happen? Let's start with Avery. FRIEDMAN: Well, I think the fact is that there is an entire transcript, Brianna, that Judge Osman Smith (ph) is going to look at. And I don't think there's any question but that he's going to make a finding of criminal contempt. The question is what is the nature of the remedy? What's he going to do to Michael Nifong?

KEILAR: The question being really, what is the sentencing? Is there going to be time in jail? Is there going to be a fine? I mean, what would you guys expect -- Richard?

HERMAN: Brianna, I think what's going to happen here is, I think the judge is going to order a hearing on this issue. Avery's right, I mean the guilt is overwhelming. Clear and convincing in this case, for the criminal contempt. But not for criminal contempt, for civil contempt.

However, I think what's going to happen is there's going to be an assessment as to how much moneys the defendants expended in assessing and putting together the exculpatory DNA evidence, and the lawyers will testify to their billing rates and their hours, and there's going to be a monetary sum arrived at, and that amount is what I believe this judge is going to assess against Nifong.

KEILAR: And that's really the issue. Some people saying obviously, these three young men saying that there was this evidence that could have exonerated them to a certain degree, and he just didn't show it to them.

So, you know, let's take the opposite side here. You know, some people might say, look, he's been disbarred. He's resigned. Is this revenge? Are these three guys taking this too far? Or is this justice? They obviously spent a lot of money and maybe they deserve to get it back.

HERMAN: Well -- Avery.

FRIEDMAN: Well, I think -- I think we -- the understanding here is that up to $3 million, Brianna, was spent on the defense. That part of the hearing, the evidence is that Nifong lied to Judge Smith at two hearings, and then we have the issue of the time expended for DNA.

Bottom line, is that the judge is going to have to tailor some kind of remedy to achieve the integrity or re-establish the integrity of the system. So I think in some respect, there's going to be assessment. Now, some raise the question of whether or not Michael Nifong may be facing incarceration as a result of this. And you know what? The opinions are split. We really don't know. But there is a possibility of that.

HERMAN: Brianna, I don't think there's going to be incarceration here. But when you ask is this vindictiveness by these guys? Please, this corrupt prosecutor committed fraud. He is a criminal. He is going to get prosecuted criminally, this guy.

This is the beginning of the tidal wave against Michael Nifong. It began with his disbarment and it's still coming. It's going to come in waves. There's going to be civil litigation brought against him. This contempt proceeding is the first salvo. There's going to be civil litigation. I believe there's going to be criminal prosecution against this guy. And they have to go after him for every single possible way they can. They must go after this guy, because we cannot allow these corrupt prosecutors to exist in our society.

KEILAR: But let's talk about that. You said $3 million estimated on the defense. Can they really -- would they be able to get that? Is Nifong going to have that kind of money?

FRIEDMAN: Well, actually, I disagree on the issue of civil liability. I think the law is clear. What's unprecedented here, Brianna, is that the first time in American jurisprudential history, we have a record of a pattern and practice of prosecutorial abuse. The courts have never considered that kind of evidence.

So, whether a suit against Michael Nifong, a civil suit, will be prosecuted for civil damages remains to be seen. The present state of the law, no liability. But we may be looking at a new chapter in American law.

HERMAN: Hey Brianna, here's the issue: whether Nifong acted within the scope of his authority as a district attorney. If he did, then if there's an award of damages, it will be imputive, I believe, to the state as well. However, if it's proved that he acted outside the scope of his authority, which I think is pretty clear here, then that civil assessment will be against him individually. He will not be able to pay it. He will try to file bankruptcy. He will not be able to discharge this fraudulent conviction in bankruptcy.

This Nifong, he's got himself -- he's gotten it, he's going to get exactly what he asked for, he's an outrage. He's a disgrace. Avery, you're wrong. They're going to sue him civilly. He's going to have liability. He's not going to be protected.

KEILAR: OK, guys, I want to make a turn here, I want to get on to another pressing issue, pun intended there. This is about the $54 million pair of pants. That's how much this one guy wants from dry cleaners for losing his pants. And did we mention, Avery and Richard, I know you guys know this, this man is a judge. I want to know what you make of this, because he's a D.C. law judge. Are you surprised that he is so litigious, and that this even made it to trial?

HERMAN: You know, Brianna, this is -- I wanted to ...

FRIEDMAN: Well, Brianna, I've lost -- I've lost your sound. But ...

They actually have a Judge Judy deciding this case. Judge Judith Bartnoff (ph), and she was supposed to render a decision yesterday. What we're going to see, you know, if Ray Pearson (ph) isn't careful, he's going to make a lot of lawyers look bad. But, the truth is, I think the judge will do justice. I think he's looking at about a $10 victory. That's it. HERMAN: Brianna, this is outrageous. The fact that this guy is a city administrative law judge, and why -- can you imagine if you brought a case and had this guy determining your fate? I mean, he's clearly divorced from reality.

He's having an emotional meltdown in front of the public. He cried in his opening. The guy had a $10.50 alteration. The pants weren't there that day. A week later, they were brought to him. He claims they're not his pants. $67.3 million lawsuit, then reduce it to $54 million because there was a sign that said "same-day service" and "satisfaction guaranteed" and there's some consumer protection statute.

FRIEDMAN: He reduced it at trial to $2 million, part of which is $500,000 in legal fees. He wants his lawyer paid. Except, his lawyer was him.

KEILAR: OK, but let me ask you ...

FRIEDMAN: Judge Bartnoff tipped us off. She said, Brianna, that we don't want to see misuse of statutes, and that's what this is. Expect a very low verdict.

KEILAR: OK, but let me ask you this, because, the Korean immigrant who owns this shop, this cleaning shop, says that they have lost their family's savings because of defending this lawsuit. So why go through this whole thing? Why does the judge allow this whole thing to go through when we're talking about someone who's losing their life savings?

HERMAN: You know, Brianna, apparently he's made a (INAUDIBLE) showing so he's entitled to his day in court. But this is truly -- this is an outrage what's going on here. It's an abomination. Any jurisprudence, anybody looking at this thing, it's pathetic. And you know, this guy has a history of being almost sanctioned by the Virginia Appeals Court in his matrimonial proceeding for serving like 250 interogatories (ph) against his wife.

FRIEDMAN: Well, you know, the truth is -- wait ...

HERMAN: It's pathetic.

FRIEDMAN: ...Richard, in all fairness, I think we can solve this. I think we can solve it, because here it is.

(LAUGHTER)

HERMAN: Yes, there's his pants.

FRIEDMAN: I think we got the judge's -- we got the judge's pants right here. That should put ...

HERMAN: You have them, Avery, you have them.

FRIEDMAN: You're right, his behavior is outrageous. He's dead man shopping. This case is going to turn into nothing of a verdict, and there may very well be sanctions that he'll face.

HERMAN: I hope there are.

KEILAR: And you know -- you know what else is really interesting, too, is this. He may have had run-ins with people questioning his conduct before. But he's also had run-ins before with this same dry cleaners and yet they actually -- they barred him from the shop, they brought him back in. I thought that was pretty interesting, but ...

HERMAN: Hey Brianna, they offered him $12,000 to settle this case for a pair of pants and he said no. I mean, he broke down crying in his opening. This guy is finished, he's a mental case. It's horrible.

FRIEDMAN: Well, yes, he broke down in trial.

KEILAR: You guys -- you guys -- you guys think he's going to -- you think he'll lose his job?

FRIEDMAN: He broke down in trial based on the memory of his pants, apparently. I'm not exactly sure why he did.

But this is really a terrible case. It makes the justice system look terrible. It makes lawyers and judges look terrible. I'm disappointed. We were expecting Judge Judy, and that's really her name, to render the decision by yesterday. So we'll have to wait 'til next week.

KEILAR: So, do you think, though, obviously you think there's going to be a small settlement or small in the end ...

HERMAN: Judgment.

FRIEDMAN: Verdict.

KEILAR: ...small judgement. Is he going to lose his job? What's going to happen to this guy?

HERMAN: I think clearly, Brianna, his job is history. This guy may be facing disciplinary proceedings for this. I mean, he's got himself major, major -- and I think, it's more than that. This guy has emotional problems.

FRIEDMAN: Brianna, how would you like this guy deciding your case? This guy does not belong in a position of an administrative law judge. They've got to get rid of this guy.

HERMAN: He's unfit, he's unfit, Brianna. This guy's got some major problems.

FRIEDMAN: Right.

KEILAR: All right, well that's the final word. Thank you, gentlemen so much for joining us. Avery Friedman, of course, a law professor and civil rights attorney, and Richard Herman, a law professor and New York criminal defense attorney. Thanks, guys.

HERMAN: Thank you, Brianna.

FRIEDMAN: Nice to see you, take care.

KEILAR: Well, they're big and they're mean and they live in the rivers of the United States.

(BEGIN VIDEO CLIP)

DAVID MATTINGLY, CNN CORRESPONDENT: That hurt! That knocked the breath out of me.

(END VIDEO CLIP)

KEILAR: The lighter side of getting attacked by a fish. That's coming up later.

But next, it's a strange whodunit, or perhaps a what done it. A beautiful lake in the Andes Mountains and it's gone. We're going to take a look, later in the NEWSROOM.

(COMMERCIAL BREAK)

KEILAR: It's a mystery for sure. But can anyone solve it? Chile is missing a lake. That's right, missing a lake, and this isn't a little lake, either. This is what it looked like as recently as March. It was a five-acre glacial lake in the southern Andes. Now you see it, and now you don't.

Well, here -- now, you don't.

So, this is what it looks like now, it's basically a 100-foot hole in the ground and nobody seems to know where the lake went. One theory is that the water disappeared into underground fissures. But some say that really seems like a lot to swallow.

So let's take a check of the weather now, with Bonnie Schneider. I don't know, what is your thought on this, Bonnie?

BONNIE SCHNEIDER, AMS METEOROLOGIST: Well, I have to investigate a little more. But that does look like a mystery for sure.

KEILAR: Sure.

(WEATHER REPORT)

KEILAR: All right, you know, when people and fish meet, people usually win. So why are these fish so eager to jump up and meet someone? Attack of the flying fish is next, in the NEWSROOM.

(COMMERCIAL BREAK)

KEILAR: Never going to happen. That's what it means when you say when pigs fly. So what about when fish fly? Not only is it going to happen, but somebody, perhaps somebody from CNN, is going to get hurt.

Our Jeanne Moos has the pictures to prove it.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): 'Tis the season for flying fish.

UNIDENTIFIED MALE: Oh, that was a close one. Whoa!

MOOS: Trouble is, they don't just fly. They land.

MATTINGLY: Whoa!

MOOS: And they landed on CNN's David Mattingly, repeatedly. Grazed once on the leg. Whacked on the arm.

MATTINGLY: Whoa!

MOOS: And slammed in the chest. The chest hit left a bruise the size of a tennis ball. And all of this fish smacking was caught from several angles. You didn't have to be an angler to appreciate it.

MATTINGLY: That hurt. Knocked the breath out of me.

MOOS: It seems like flying fish are getting a lot of coverage.

DIANE SAWYER: ...holy carp (ph), Asian carp.

MOOS: Sure, getting smacked by a fish is funny. Take Monty Python's fish-slapping dance. But getting smacked can also be serious. This Florida woman lost one finger and had three reattached after she got hit by a flying sturgeon while on a jet ski.

UNIDENTIFIED FEMALE: A Mac truck hit me.

MOOS: Flying fish, flying anything can be dangerous. Remember when Fabio got hit in the face by a bird while riding a roller coaster? So it cuts both ways. It was no feather in his cap, but pitcher Randy Johnson (ph) struck a bird instead of throwing a strike. And birds can drop a bomb even on the president. Watch the sleeve screen right.

But bird droppings are to be expected. Fish aren't supposed to fly. This guy doubled over after getting hit by a fish in the privates.

UNIDENTIFIED MALE: Right in the mommy-daddy button.

MOOS: Boat engine vibrations tend to get them jumping. So does this device that delivers a small electric shock.

MATTINGLY: Holy cow!

MOOS: Sometimes used by biologists to stun fish so they can be gathered for study. (on camera): And you know that expression shooting fish in a barrel? Well with flying fish, who needs a barrel?

(voice-over): Here on the Illinois River, an outfit called "Bracket Outdoors" specializes in extreme bow fishing. A thousand bucks for four people, the arrows are attached with line.

UNIDENTIFIED MALE: Oh, yes!

MOOS: They even do it at night with illuminated arrows. Some wear helmets or shield themselves with garbage can lids. But fearless David Mattingly was unprotected.

MATTINGLY: Oh, did you get that?

MOOS: Oh, he got it. At least "fish magnet" Mattingly looked better than the fish did.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

KEILAR: I'm Brianna Keilar, and NEWSROOM returns one hour from now.

But coming up next, so you don't think you could be a victim of identity theft? See how brazen thieves are at stealing your good name in order to steal from banks and credit card companies.

CNN's "Special Investigations Unit: How to Rob a Bank." That starts now.

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