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Sentencing Hearing Held in Jessica Lunsford Case; Reports Says al Qaeda Gaining Strength; Dems to Hold Overnight Session to Debate Iraq; Dow Breaks 14,000 Mark; Al Qaeda Operative Killed in Iraq

Aired July 17, 2007 - 13:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: Jessica Lunsford, she'd be 11 years old, just another kid savoring her summer vacation with her dad and grandparents in Florida.
T.J. HOLMES, CNN ANCHOR: Well, Jessie Lunsford died a monstrous death in 2005, and today her father tells the man who killed her why she deserves to die.

PHILLIPS: Hello, everyone. I'm Kyra Phillips at the CNN world headquarters in Atlanta.

HOLMES: And I'm T.J. Holmes, sitting in today for Don Lemon. And you are in the CNN NEWSROOM.

PHILLIPS: The father of a murdered girl, face to face with the man who kidnapped, raped, and buried her alive. Happening right now in a Florida courtroom. The moment Mark Lunsford has been waiting for every day, more than two painful years, that chance to talk directly to his daughter, Jessica's, killer.

John Couey's pre-sentencing hearing is starting this hour. He just entered the courtroom. And for him, it's a matter of life or death.

CNN's John Zarrella watching it all from our Miami bureau -- John.

JOHN ZARRELLA, CNN CORRESPONDENT: Kyra, that's exactly right. The hearing beginning in just a few minutes. We're getting shots from inside the courtroom. We can see John Evander Couey sitting there right now. A shot of Mark Lunsford, Jessica Lunsford's father, just a few minutes ago.

What's going to happen today is that, as we know, in March, Johnny Evander Couey was convicted of kidnapping, rape, and murder of Jessica Lunsford. A jury in Miami -- there was a change of venue in the case -- finding him guilty and also recommending 10-2 that he be sentenced to death. That was the recommendation to the judge.

Now, part of the hearing today, the judge now coming into the chambers, will allow Mark Lunsford the opportunity to confront Johnny Evander Couey and also to talk in court about why he believes that Couey should be executed.

Also part of the hearing today, the defense is going to argue that Couey's mentally incompetent, that he should not be put to death and that, rather, he should spend the rest of his life in prison.

The judge in Florida has to weigh the evidence heavily or has to weigh the recommendation of the jury heavily, but he could go against their recommendation of death. We do not expect a decision today. Expect another hearing sometime in august, where the judge will make the final determination, Kyra, as to whether John Couey lives or dies for the heinous crime -- Kyra.

PHILLIPS: All right. We'll continue to follow that hearing, John. Thanks so much. When Mark Lunsford starts to speak, we will take that live.

HOLMES: Meanwhile, a suicide bomb blast in Pakistan's capital has killed at least 12 people and wounded many, many more. It rocked the site of a rally that was called to support the country's suspended chief justice.

President Pervez Musharraf removed his earlier this year for allegedly misconduct. Opposition parties say the judge was targeted because he challenged the government on several controversial issues.

Al Qaeda, it's regrouping, rebuilding, and it might be ready to attack the U.S. again. Stark conclusion from the National Intelligence Estimate, a sweeping report from the nation's 16 spy agencies. And a public version is now just that; it's public.

We're going to take a closer look at it now with CNN's Brianna Keilar who's in Washington, who's got the nuts and bolts for us.

Brianna, hello.

BRIANNA KEILAR, CNN CORRESPONDENT: Hi, there, T.J.

And this is the crux of this report here. This is a look into the future a few years. This National Intelligence Estimate says that the United States will face a persistent and changing terrorist threat over the next three years. That's really the thesis of this first ever NIE to focus on terror threats here within the U.S.

And the NIE says the main threat to the U.S. is al Qaeda. No surprise there. But it says in the last few years, al Qaeda has become stronger, in part because it's found a safe haven in the Pakistan-Afghanistan border area -- T.J.

HOLMES: Anything jump off the page? It seems like maybe some folks will look at this and say a lot of it, well, that's obvious.

KEILAR: Yes, there is some of it that really isn't surprising. But there's one thing in particular, and it has to do with al Qaeda in Iraq. It says, and I quote, "We assess that al Qaeda will probably seek to leverage the contacts and capabilities of al Qaeda in Iraq" -- that's AQI -- "and its most visible and capable affiliate and the only one known to have expressed a desire to attack the homeland.

"In addition, we assess that its association with AQI helps al Qaeda to energize the broader Sunni extremist community, raise resources and to recruit and indoctrinate operatives, including for homeland attacks."

Now, experts have warned this could happen, but this NIE confirms that U.S. intelligence agencies believe al Qaeda in Iraq could pose a threat, not only to Americans there in Iraq, but also Americans here in the U.S., T.J.

HOLMES: And, of course, Brianna, the debate goes on in Congress between Democrats and Republicans, but also a lot of it, the Congress and the president. Well, the president has always said that he has al Qaeda on the run. We have the terrorists on the run.

Does this report now change the debate any and change how the president is going to go about his strategy on Iraq?

KEILAR: Well, each side here pulls what they want from this report. Critics of the president's Iraq strategy will take this particular finding, for instance, about al Qaeda in Iraq, and they'll run with that. They'll say the war in Iraq has made the U.S. less safe.

But the White House insists that isn't true. They're pointing to another part of this report to demonstrate progress in the war on terror. That's the section that says ramped-up counterterrorism efforts over the past several years have constrained the ability of al Qaeda to carry out an attack on U.S. soil.

And here is what the president's national security adviser, Fran Townsend, said.

(BEGIN VIDEO CLIP)

FRAN TOWNSEND, NATIONAL SECURITY ADVISER: We should be clear that, despite a resurgent al Qaeda threat in some of their capabilities, they are weaker today than they would have been if we had not taken strong action against them over the last 5 1/2 years.

(END VIDEO CLIP)

KEILAR: Of course, White House officials have long held that it's no accident there hasn't been an attack on U.S. soil since 9/11. And they're saying that the NIE backs up that claim, T.J.

HOLMES: All right. Our Brianna Keilar for us in Washington. Brianna, thank you so much.

PHILLIPS: Well, an all-nighter on Iraq, rollaway beds and all. The Senate plans a marathon session, aimed at pressuring opponents of the troop pullout. Those opponents call it theater.

CNN congressional correspondent Andrea Koppel on the Hill, following it all for us -- Andrea.

ANDREA KOPPEL, CNN CORRESPONDENT: Kyra, that's right.

Republicans are calling it political theater, but Democrats say it is an important symbol, one complete with rollaway cots. (BEGIN VIDEOTAPE)

SEN. DICK DURBIN (D), ILLINOIS: I don't think a sleepless night is a stunt. It's certainly not a stunt for our soldiers and their families. Many of them spend sleepless nights in combat or worrying about the safety of their soldiers. For us to spend one sleepless night isn't a stunt. This is what the Senate rules require when the Republicans throw a filibuster at us to try to stop the debate.

(END VIDEO CLIP)

KOPPEL: Now, the Democratic leader, Harry Reid, had hoped to have a simple majority vote, an up-or-down vote, just over 50 votes, but Republicans raised the bar, and this is on a measure that would bring U.S. troops home by next spring.

Republicans insisting on meeting a 60-vote threshold, which is effectively a filibuster. And what Democrats are doing here, Kyra, is they're really calling Republicans' bluff. They're saying, "OK, you want a filibuster? Let's say here all night" -- Kyra.

PHILLIPS: All right. We'll be following it, of course, throughout the day and night. Thanks, Andrea.

HOLMES: We want to head now to our Susan Lisovicz at the New York Stock Exchange. We're keeping an eye on the big board. It has been teasing and tickling us all day with this 14,000 number.

Where are we? And I guess the key is to close above 14,000. Is that right?

SUSAN LISOVICZ, CNN CORRESPONDENT: That's right, T.J. But it got there. The Dow Industrials topped the 14,000 mark for the first time ever today, just before 10 a.m. Eastern. The blue chip average plowed past the milestone before pulling back.

It's made its way back up there a few times since then. It's not unusual to see this kind of -- yes. There we 're looking at the board from earlier today when the blue chips first got to 14,001.

But as you can see, it's very easy for the blue chips to pull back. There's a little bit of resistance when you get to these big round numbers, whether we stay there at 4 p.m., at closing bell, is another story.

But we have a lot of information for the bulls to feed upon today. And at the open, we got a generally tame report on wholesale inflation. After the open, we got a better than expected read on industrial production.

We also got some solid numbers from Johnson and Johnson. That's one of the Dow 30 companies, as well as Coca-Cola and also from the big investment brokerage firm Merrill Lynch.

As you see, the Dow is -- it's teasing us again. But we've got a nice rally going on. And that's what it's all about. The blue chips up 12 percent year-to-date.

Back to you and we'll be back later on in the program with more details, and more numbers for you, T.J.

HOLMES: More numbers for us. All right. We're keeping an eye on it. And I know you will, as well. Susan, thank you so much.

LISOVICZ: You're welcome.

HOLMES: Pro wrestler Chris Benoit killed his family last month and then killed himself. A report coming out today could provide a window into his medical state and state of mind. Steroids were found in the wrestler's home. And today, a toxicology report will show whether Benoit had steroids or any other drugs in his system.

The Georgia Bureau of Investigations releases its findings next hour. We will bring you that news conference live.

PHILLIPS: Happening right now in a Florida courtroom, live pictures. The moment Mark Lunsford has been waiting for every day for more than two extremely painful years. He's going to have the chance to talk directly to the man who killed his daughter.

We're talking about the pre-sentencing hearing right now for John Couey. We will take Mark Lunsford live once he steps up to the mic.

Also straight ahead, target acquired, objective achieved.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (UNINTELLIGIBLE)

(END VIDEO CLIP)

PHILLIPS: Straight ahead in the NEWSROOM, details on how a top al Qaeda operative in Iraq met his end.

HOLMES: And also, going inside the O.R. Dr. Sanjay Gupta is going to join us from Colorado with details on today's lung surgery for that guy you see there on the left, the TB traveler.

PHILLIPS: And can therapy change your sexual orientation? Fresh debate as the American Psychological Association reviews its stance.

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

(COMMERCIAL BREAK)

HOLMES: We're coming up on a quarter after 1 here in the CNN NEWSROOM. Here are three of the stories we're working on.

A pre-sentencing hearing underway right now in Florida for John Couey. He was convicted in March of raping and killing 9-year-old Jessica Lunsford back in 2005. And for the first time today, Jessica's dad is going to be able to address his daughter's killer. Also, a high level resignation in the Bush administration. Veterans Affairs Secretary Jim Nicholson has announced he is leaving. The V.A. came under fire during his tenure after the discovery of shoddy conditions at the Walter Reid military hospital in Washington.

And Bob Hope Airport in Burbank, California, back to normal after a security scare. The airport was shut down for more than a half hour and the terminal evacuated after someone entered through an exit.

PHILLIPS: The U.S. military in Iraq calls him a thug, a high- value target. Now he's a dead thug.

The military says al Qaeda operative Abu Jurah was killed in an airborne attack. He's blamed for many roadside bomb attacks against U.S. forces and the downing of this U.S. helicopter.

You may remember the two pilots who were rescued in this dramatic operation. That's one of them, right there on the wing of that helo (ph). They told us what happened just before they went down in an exclusive appearance right here in the CNN NEWSROOM.

(BEGIN VIDEO CLIP)

CWO STEVEN CIANFRINI, U.S. ARMY: The aircraft took pretty substantial damage, and at that point, the whole world just opened up on us. I believe we were taking -- at least from two other positions we were being shot at.

(END VIDEO CLIP)

PHILLIPS: Now that we have the final end to that operation, the man behind the attack that took out Abu Jurah, that al Qaeda operative that tried to take down both those helos, Colonel Terry Ferrell, joins us, commanding officer of the 3rd Infantry Division, 2nd Brigade Combat Team. He's live from Baghdad.

Colonel, just looking back at that interview and actually seeing the gun camera of those pilots that were rescued on that second helo, knowing that you took out the man that took out the initial helicopter, how does that feel?

COL. TERRY FERRELL, 3RD INFANTRY DIVISION COMMANDER: It's great, Kyra. It's fantastic we're able to take out the military amir (ph), an individual that not only was responsible for that helicopter but for many military operations -- roadside bombs and small arms attacks -- that was impacting our soldiers and not only our soldiers but innocent civilians throughout the area of operations that we're currently conducting operations in.

PHILLIPS: And, Colonel, how did you confirm -- we're actually looking at the tape right now that shows the actual target and explosion. How did you confirm his location?

FERRELL: Working through multiple sources and multiple informants, working with the people. We've had great, great success recently of having people come out and tell us where the operatives are working, where al Qaeda is working within our area of operations, and in their homes. And they told us that there was a meeting going on, that he was in the house. And we were able to confirm that and able to conduct this operation.

PHILLIPS: And how big of a player was he, Colonel? We know that he was behind the attacks of that military helicopter that was shot down. As you mentioned, a number of IEDs. How is this going to impact al Qaeda's activities, specifically in the area where you got him and surrounding areas in Iraq?

FERRELL: Well, we see that this is a significant impact for our specific area of operations. He was responsible for the military operations in Ara Jabour (ph), where the 2nd Brigade is conducting operations in relationship to Marne Torch (ph) for the 3rd Infantry Division, Task Force Marne.

It will be huge in the aspect of how they go about conducting their military operations in relationship to us. So currently, I think it's a great success, and we're trying to take advantage of that as we speak.

PHILLIPS: And, Colonel, when I was in Iraq not too long ago, I had a chance to talk with General Petraeus, your boss. And he talked about the fact, just like you said, that Iraqi civilians were coming more comfortable in giving intelligence about where al Qaeda was hiding out and operating.

But he also talked a lot about how tribal sheikhs are getting on board and helping you take out al Qaeda operatives. Are you experiencing that? Are you seeing the tribal leaders working well with you, in addition to the Iraqi civilians helping you?

FERRELL: Yes. We see a lot of people. The sheikhs are starting to work in our area.

We've only been here now for about 32 days, and in that short period of time, as a surge brigade, we've had numerous contacts come out and engagements that have allowed to us make contacts with these sheikhs. And they have worked with us on a day in and day out basis to bring and show us where the enemy are located, where IEDs are located and bring people out to help us, to root out the enemy, root out the insurgents.

And it is only growing. Every day we make new contacts. And we owe that to the sheikhs as we make new contacts with them.

PHILLIPS: As you make progress, obviously, we've talked a lot about the growth of al Qaeda in Iraq. A big challenge for the U.S. military right now.

I want to ask you about the new National Intelligence Estimate that came out today, warning that al Qaeda will use its capabilities and contacts in Iraq to attack on the U.S. soil. Have you witnessed that? And are you concerned about that? FERRELL: Right now, I'm concerned about the fight that we have here in Ara Jabour (ph) and the al Qaeda actions that we're countering. I believe that we're getting at that, and if we can defeat that threat here, then that is the issues we're going to take to hand.

We can take the al Qaeda operatives that we're dealing with and deal with the threat here. Then that's less threat that we have to deal with anywhere with al Qaeda. And that's why we're getting after it every day.

PHILLIPS: And as you chase down those members of al Qaeda, you feel like you're not only making progress there, but you do think this is going to make -- for example, taking out someone like an Abu Jurah, is that going to make a big enough impact to where here in the United States we may worry less about al Qaeda attacks and operations that are happening in Iraq that could affect the U.S.?

FERRELL: Any threat -- any al Qaeda threat that we can reduce reduces the threat. Each and every al Qaeda operative and insurgent that we deal with is one less that is able to conduct an attack anywhere.

PHILLIPS: Brigade Commander, Colonel Terry Ferrell, appreciate your time today from Baghdad, sir.

FERRELL: Thank you, ma'am.

HOLMES: Well, today was almost Troy Davis' last day, but the state of Georgia put his planned execution on hold. Ahead in the NEWSROOM, details on what earned him a rare reprieve.

Also, will it be death for John Couey? Father of his victim set to speak in this courtroom. We'll bring it to you live when we hear Mark Lunsford's testimony begin.

You are watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

HOLMES: Well, word just into us here that Andrew Speaker is out of surgery. The tuberculosis patient spoke out here on CNN hours before an operation to remove part of his lung.

Speaker, of course, as you remember, touched off an international health scare traveling to Europe for his wedding after health officials in Georgia say they told him don't go. In an exclusive interview with CNN's Dr. Sanjay Gupta, Speaker talked about choosing surgery over other treatment options.

(BEGIN VIDEO CLIP)

ANDREW SPEAKER, TB PATIENT: Any time you have TB, if it becomes active, if you're developing TB, even after your treatment it can come back. With the amount of treatment I'm going to be on, the doctor said if you go ahead and have the surgery, you don't have to worry ten years from now or 20 years from now or 30 years from now, if it's ever going to come back. And that's worth a peace of mind to me.

Before it was a necessity to save my life. Now it's do you want to worry about this for the rest of your life or not?

DR. SANJAY GUPTA, CNN CORRESPONDENT: Will you be cured of it then?

SPEAKER: I'll be -- by the time I'm done with the treatment, I'll be cured of the TB, from what I understand. It doesn't mean that 10 or 20 years from now, it couldn't come back. Whereas if they go in with the surgery and they just take it all out, then I don't have to worry about that.

(END VIDEO CLIP)

HOLMES: Well, aside from his medical concerns, the Atlanta attorney also faces a legal fight now. Speaker is being sued by eight people who shared a flight with him. They're among the hundreds who had to undergo TB testing once they returned home.

(BEGIN VIDEO CLIP)

SPEAKER: This should have been approached from an educational standpoint. Instead it was -- it was a fear and scare tactic from the start.

The first message out for all these people should have been there has never been a single reported case of active TB transported on an airplane, ever in history. And that should have been the first thing to calm these people's fears.

Then they should have talked about the fact I'm asymptomatic. That I am -- as far as anyone knew before I left, I was no threat.

And then one of the people on the plane that's actually suing me got back a positive test result, from what I've been told, six days after the flight, which means that he had TB before he got on the airplane. And, again, it's just -- it's a matter of education.

(END VIDEO CLIP)

HOLMES: And our Dr. Sanjay Gupta was in the operating room for Andrew Speaker's surgery. He's going to join us a little later in the NEWSROOM to tell us about that. And tonight, he'll have a complete report on CNN's "ANDERSON COOPER 360".

PHILLIPS: Well, just 57 trading days after Dow 13,000, another milestone on Wall Street. Susan Lisovicz at the New York Stock Exchange with today's big number.

Hey, Susan.

LISOVICZ: Hey, Kyra.

You know, I was on vacation for the big rally in July, much -- you know, the last two weeks, I thought I missed it. But, hey, the bulls still have some life in them. No question about it.

The Dow soaring to levels never seen before. The blue chip average first crossed the 14,000 milestone within the first 30 minutes of trading. The blue chips have pulled back a bit since then. It's not unusual to see resistance as the index approaches these big round numbers.

We'll be watching to see whether the Dow can close above 14,000. But even if it doesn't, its recent run has still been impressive. The Dow has logged more than 50 record closes since October and is up nearly 30 percent over the past 52 weeks.

Right now, the Dow is off session highs of 37 points at 13,988. Certainly within striking distance.

The NASDAQ composite, meanwhile, is up eight points. The S&P 500 is flat.

We should mention the S&P 500, too, because even though everyone talks about the Dow, the S&P 500 is a much broader index. What mutual fund managers often look at as a better indication of the stock market, and that hit an all-time high just Friday.

So things are looking pretty good on Wall Street -- Kyra.

PHILLIPS: Well, there's another Dow making news today, right?

LISOVICZ: There is. And we're talking about Dow Jones, the company that actually maintains the Dow Jones Industrial Average. It may be one step closer by taken over by media giant News Corp.

"The Wall Street Journal", which is also owned by Dow Jones, reports the two companies have agreed in principal to News Corp's $5 billion takeover offer. It's not a done deal yet. It still has to be approved by the company's board and the Bancroft family, which has long controlled the voting power at Dow Jones.

The Bancrofts reportedly remain divided about selling to Rupert Murdoch's company. The worry all along is that Murdoch, the businessman, would assert too much editorial control over the bible of business news.

Dow Jones, News Corp, the Bancrofts, no comment to CNN on the latest developments, but the timing would be very good for Rupert Murdoch, because he's planning to launch a business channel in just a few months.

OK. When we return in the next hour, back to school sales expected to surge this year. You might be surprised to find out what counts as a school supply these days. I'll explain in the next hour. In the meantime, Kyra, back to you.

PHILLIPS: I wonder how many CNN employees Murdoch is going to be able to steal for that new network.

LISOVICZ: Well, there's a lot of talent, as you know, here. So you know.

PHILLIPS: We'll be watching.

LISOVICZ: I'm talking about my colleagues.

PHILLIPS: Of course. You better not leave us. All right, Susan Lisovicz. We'll talk to you in a little bit.

HOLMES: Well, just out of surgery. The TB patient, Andrew Speaker, and our Sanjay Gupta was in the O.R.

GUPTA: We're out of the O.R. That's right. T.J., we just got out of the operating room. It's been a long journey for Andrew Speaker. You know, since January, he's had problems. First person that was ever quarantined. We'll get full results on what happened in the operating room in just a couple of minutes.

PHILLIPS: And the father of a murdered girl. We are waiting, actually, for him to come face to face with the man who kidnapped, raped, and buried his little girl alive. We're talking about the pre- sentencing hearing for John Couey. And Mark Lunsford stepping up to tell him exactly how he feels about him. We'll take it live as soon as it happens.

(COMMERCIAL BREAK)

PHILLIPS: Hello, everyone. I'm Kyra Phillips live in CNN World headquarters in Atlanta.

HOLMES: And I'm T.J. Holmes sitting in today for Don Lemon. The surgery was intricate, the precautions elaborate.

PHILLIPS: Our own Dr. Sanjay Gupta just out of a Colorado OR, where surgeons removed a TB infected section of Andrew Speaker's lung. You're live in the CNN NEWSROOM.

Live to Valley Center, Kansas, just outside Wichita. Live pictures coming to us from our affiliate KSNW. Hundreds of people evacuated in this Wichita area town, after explosion at a solvents plant. The mandatory evacuation of this two-mile area happened around 10:30 this morning. Not quite sure how exactly it happened. It's under investigation right now.

We're told that people in the area are being advised to stay on the first floors of their homes and shut off their air conditioners. We're going to continue to follow up on how this happened and the status of that explosion.

HOLMES: Well, Andrew Speaker is out of surgery. The Atlanta attorney and drug-resistant tuberculosis patient had part of a lung removed this morning. And, CNN's Dr. Sanjay Gupta was in the operating room. He's now outside of the University of Colorado Hospital in Aurora.

Did you have to resist the urge to pick up a tool and do some cutting? I know you were actually participating just observing. So, tell me, how did it go?

DR. SANJAY GUPTA, CNN CORRESPONDENT: It was a pretty amazing thing. Certainly I had never seen anything quite like this, actually performing surgery for tuberculosis. Just the preparation alone. I think I'll show you some images here, trying to get prepped for this sort of thing. You have to get the masks -- these special masks that are actually fitted just perfectly.

They actually put this hood over me as well, to make sure that the mask works. That's all part of the testing before you can even get into the operating room. Going into the operating room -- sort of a remarkable thing, they're actually doing the operation. You may be able to see here through some videoscope.

So, they had the monitors up in the room actually removing part of the lung. And you can see -- or at least we could see when we're in the operating room just how diseased that lung was. What tuberculosis actually does to the lung. The hard part of the operation really is to be able to get the lung out through the small little whole.

And, we're going to about that tonight on Anderson Cooper 360. It was a challenge, but everything went well. Andrew Speaker is recovering very well at this hour.

HOLMES: What kind of recovery is he looking at Dr. Gupta? How long?

GUPTA: Well, I think he's going to be groggy probably for another day or so just from the anesthesia and just from some of the pain medications. He's going to continue his antibiotics to treat the tuberculosis for at least another couple of weeks. But, he might actually be able to leave Colorado and head back to his home in Atlanta within the next two to four weeks.

HOLMES: All right. Well, I guess that means it went well and that's an all clear. Well, Dr. Gupta, if I ever have to have surgery, I would like to know that you're just standing around, hanging in the room as well.

GUPTA: I'm going to put on the gloves on for you, T.J.

HOLMES: All right. Dr. Gupta good to see you as always, kind sir. Remind you folks that yes, Dr. Gupta will bring us a complete report on Speaker's surgery tonight on CNN's Anderson Cooper 360 and that will be at 10:00 eastern and at 7:00 on the west coast.

PHILLIPS: Back live to the Florida courtroom. Not quite sure who this is on the stand. So, I don't want you to get confused, this is not Mark Lunsford, the father of the murdered girl Jessica Lunsford. This is actually the pre-sentencing hearing. A number of people getting up and speaking at the microphone.

But, we're waiting for the father of this little girl. Because, for the first time in two years, he's going to be able to talk directly to his daughter Jessica's killer. It's been more than two years. He's going to have a chance to confront him. We're following that. As soon as Mark Lunsford speaks, we'll take it live.

(COMMERCIAL BREAK)

PHILLIPS: Talking directly to his daughter's killer, it's what Mark Lunsford has been waiting more than two years to do, and he'll get his chance this afternoon in a Florida courtroom. A pre- sentencing hearing is underway this hour for John Couey who kidnapped, raped and murdered nine-year-old Jessica Lunsford in 2005.

In March of this year, a jury convicted Couey and recommended death, but his lawyer is fighting to keep him alive.

CNN's John Zarrella has the background.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Every day, nearly every moment of every waking day, Mark Lunsford lives with the pain.

MARK LUNSFORD, VICTIM'S FATHER: You get up, you brush it off and keep going.

ZARRELLA: Now Lunsford gets to confront John Evander Couey, the man who caused his pain, the man who raped and murdered his nine-year- old daughter Jessica. As part of the sentencing process, Lunsford will have the opportunity to address Couey during proceedings in a Citrus County courtroom. Couey was convicted of the murder on March 7th. A week later, the jury recommended he die.

UNIDENTIFIED FEMALE: A majority of the jury, by a vote of 10 to two, advise and recommend to the court that it impose the death penalty upon Johnny Evander Couey for the murder of Jessica Marie Lunsford.

ZARRELLA: Jessica disappeared February 2005. Her body was found three weeks later, in a shallow grave outside a mobile home, about 100 yards from where she lived.

A convicted sex offender, Couey, who was staying with his half sister in the trailer at the time, confessed. He kidnapped the girl from her bedroom and later buried her alive.

VOICE OF JOHNNY EVANDER COUEY: I went out there one night and dug a hole and put her in it. Buried her.

ZARRELLA: The repulsiveness of the crime and the background of the man who did it led Florida to adopt the Jessica Lunsford Act which imposed tough penalties for crimes against children, including minimum mandatory sentences and requiring sex offenders and predators to register twice a year in person.

In Citrus County, police now go to schools and teach children how to fend off attackers. If they know not to panic, their attacker may get scared off, says one former prosecutor.

TRUDY NOVICKI, FORMER PROSECUTOR: Maybe with a five-year-old child, they're going to feel very comfortable. But as soon as that child starts making a commotion, as soon as people start noticing what's going on, they are going to leave.

ZARRELLA: But is Jessica's law enough?

LUNSFORD: Jesse's law is just a stepping stone. That's, that's -- it doesn't end there. That's just the very beginning. That's the very beginning. And more needs to be done and I mean tougher penalties need to be added to Jesse's law.

ZARRELLA: For Mark Lunsford, there is satisfaction in the new laws. It helps ease the pain, pain he knows will never go away.

John Zarrella, CNN, Miami.

(END VIDEOTAPE)

PHILLIPS: And Mark Lunsford was in Austin, Texas, yesterday. You see him right here with Governor Rick Perry, who's signing a version of Jessica's Law. It brings the death penalty into play for a second aggravated offense on a child under the age of 14. Thirty-one states have now enacted versions of Jessica's Law.

HOLMES: Troy Davis (ph) already had bid his family good-bye and was under death watch when word came his execution set for tonight was on hold. The Georgia Parole Board granted Davis a 90-day stay so it can weigh the evidence presented at yesterday clemency hearing. Davis was convicted of killing a Savannah police officer 18 years ago, and most of the witnesses who testified against him have since changed their stories. Investigators are still convinced they arrested the right man.

PHILLIPS: Tighter than usual security today at Colorado's State Capitol. Yesterday, a man brandishing a gun and calling himself "the emperor" was shot and killed by a state trooper outside the office of Governor Bill Ritter.

Our Ed Lavandera has the details.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT: The state Capitol here in Denver, Colorado, has reopened. But getting inside won't be as easy as it was just one day ago.

Monday afternoon, state troopers shot and killed a gunman who had walked into the governor's office here and proclaimed that he was the emperor and that he was here to take over state government. The governor of Colorado, Bill Ritter, says that because of this incident, they will re-evaluate the security measures here at the state Capitol.

GOV. BILL RITTER, COLORADO: There's certainly going to be discussions going forward about how we achieve that right balance between security and keeping it open. I think what you'll see without us saying any more in the way of details is a little bit of heightened security over the next few days while we have that discussion. LAVANDERA: For the time being, security measures will change slightly here at the state Capitol. There will only be one entrance open into the building, and that'll be on the north side where there will be security guards manning a metal detectors, which isn't an uncommon sight here at the State Capitol. Shortly after 9/11, metal detectors were placed at all of the entrances, but within the year, lawmakers decided that they didn't want those around. They wanted to keep this Capitol building open to all people to walk through freely.

Ed Lavandera, CNN, Denver, Colorado.

(END VIDEOTAPE)

HOLMES: Can therapy change your sexual orientation? New attention on an old debate. The American Psychological Association reconsiders its stance on counseling gays and lesbians. Up next, a closer look at this controversy.

(COMMERCIAL BREAK)

PHILLIPS: Can a person change their sexuality? Can a gay person become straight? That question is at the heart of a discussion today among members of the American Psychological Association. They're asking a psychologist should do so-called preparative or conversion therapy on gay patients?

Joining me to talk about it, psychologist Warren Throckmorton in Pittsburgh and psychiatrist Dr. Benjamin McCommom from New York.

Gentlemen, thanks so much.

Dr. Throckmorton, I'd like to start with you. What do you think about this conversion therapy?

WARREN THROCKMORTON, GROVE CITY COLLEGE: Well, I think that the research on the subject is mixed. Some research shows that the effort to change one's sexual orientation, even if not successful, can have benefit for the person seeking it. Other research has suggested that those efforts are harmful. So, I would say that we need more research about the subject.

But the point really of the research is there's two focuses here. Is one, does the person benefit from the attempt? And two, does the person actually change? Both of those questions require, in my opinion, a good bit more research before we could say for certainty what the answer is for most people.

PHILLIPS: Well, let's take a listen. Sean O'Donnell -- he actually lived in a group home that did this type of therapy, he did the conversion therapy for a number of years. Here's what he had to say about it.

(BEGIN VIDEO CLIP)

SEAN O'DONNELL, UNDERWENT "GAY THERAPY": God, if anybody tried to do this, I tried -- I mean, I did pray so many hours and sweat so many tears and, you know, the picture I get is Jesus at the garden of Gethsemene when he sweat blood. You know, if I could have sweat blood.

UNIDENTIFIED MALE: You talk to people who tell us they are heterosexual. They love their wife, they find their wife sexually attractive and they have been cured.

O'DONNELL: Right.

UNIDENTIFIED MALE: You don't believe that?

O'DONNELL: No, not one bit. Not one bit.

UNIDENTIFIED MALE: Do you think programs like Exodus can work for some people?

O'DONNELL: No.

(END VIDEO CLIP)

PHILLIPS: Now Gary, you mentioned the group Exodus and they obviously have these ministries that do this conversion therapy. Dr. McCommon, can this type of therapy be potentially dangerous? I mean, you heard what this man said. He tried so hard to do it, but he knows he's gay, and he's got to face the fact that he's gay.

DR. BENJAMIN MCCOMMON, PSYCHIATRIST: There have been very concerning reports that this type of therapy can be harmful. That many people who participate in this therapy are motivated to try to change their orientation and when they find that they're not able to, often they feel blame or they feel blame from their therapists and they -- in not succeeding, are subject to risks of being depressed, being anxious, even suicidal.

Some people who go through this therapy actually try quite hard and they become married, they have children and then they're faced with -- that their sexual orientation hasn't changed. And what do you do then? It can often be a tragic situation.

PHILLIPS: And Dr. Throckmorton, what do you find to be the route of this confusion? Do individuals come in and usually every time say it's about religious and social pressures, that they're gay, but they don't want to be gay because of all these pressures?

THROCKMORTON: Well, I think the root of the confusion is already evident in this spot. You've mentioned conversion therapy, and then Sean O'Donnell talked about what he experienced.

The truth is that there are many different types of -- many different approaches to this issue of bringing your behavior in line with your beliefs or your values, and the research that we have so far find that some of those approaches lead to harm, as in his case. Other research suggests that there are other approaches that lead to benefit. What we don't have is a good handle on what leads to benefit and what leads to harm. PHILLIPS: Now the American Psychological Association and the American Psychiatric Association, both organizations say that homosexuality is not a mental disorder and it's not a choice. They also, both organizations, oppose reparative and conversion therapy.

So, Dr. McCommon, do you ever -- are you ever working with a man or a woman who -- where you just say, look, you're gay. Embrace it. This is who you are?

MCCOMMON: Well, I think that it's important to recognize that for some people that's not easy. It's not the role of a psychiatrist to tell somebody what to do. I think it's our role to give them the best information that we can. For instance, we know that it's very hard to change sexual orientation, by which I mean desires for same- sex desires or same-sex romantic attractions, that's going to very hard to change.

It might be possible for some people to change their sexual behavior, although most people find even that to be quite difficult.

I would be interested in exploring with the patient why it is they want to do so, and seeing if it might be possible to help them find ways to lead a life that's more in congruence ens with their sexual orientation.

PHILLIPS: Dr. Throckmorton, is that how you would handle a patient as well?

THROCKMORTON: It's very similar. I would certainly want to ask the individual their reasons for wanting to explore change. I think the concept of congruence mentioned by Dr. McCommon is a good one. The congruence for some clients will be with their sexuality. The congruence for others will be with their religious beliefs.

Clearly, some people feel that the most core aspect of them is their sexuality.

Others, on the other hand, believe that their religious values and religious beliefs are most core, and they would rather explore congruence of their behavior with those beliefs and values.

PHILLIPS: Dr. Warren Throckmorton, Dr. Benjamin McCommon, we'll follow the decisions that's made toady. Thanks for talking with me about it.

(COMMERCIAL BREAK)

(WEATHER REPORT)

PHILLIPS: Call it the YouTube factor. It's the power to make or break a political candidate.

And CNN's Internet reporter, Jacki Schechner has more.

(BEGIN VIDEOTAPE)

GEORGE ALLEN (R), FMR. VIRGINIA SENATOR: This fellow here over here with the yellow shirt, "macaca" or whatever his name is.

JACKI SCHECHNER, CNN INTERNET REPORTER (voice-over): It was one of the most talked about moments in last year's campaign, Senator George Allen's controversial remark to a young campaign aide working for his opponent. It was caught on camera and it was a hit on YouTube and Allen lost his seat in the pivotal Virginia race that helped Democrats win control of the Senate.

MARK PRESTON, CNN POLITICAL ANALYST: If it wasn't for YouTube, it's conceivable that today George Allen would be one of the front runners for the Republican presidential nomination.

SCHECHNER: The presidential campaign has had it's own share of YouTube hits.

SEN. JOSEPH BIDEN (D-DE), PRESIDENTIAL CANDIDATE: You cannot got to a 7-Eleven or Dunkin' Donuts unless you have a slight Indian accent. I'm not joking.

SEN. JOHN MCCAIN (R-AZ), PRESIDENTIAL CANDIDATE: That old Beach Boys song, "Bomb Iran"? Bomb, bomb, bomb...

SCHECHNER: And YouTube is forcing presidential hopefuls to explain past positions by giving old debate clips new life.

MITT ROMNEY (R), PRESIDENTIAL CANDIDATE: I believe that abortion should be safe and legal in this country.

UNIDENTIFIED MALE: Mr. Thompson, do you support or oppose laws that prohibit abortions for convenience?

FRED THOMPSON (R), PRESIDENTIAL CANDIDATE: I do not believe that the federal government ought to be involved in that process.

AMY WALTER, HOTLINE: Has it had an impact? Of course. But I think, to me, what's more interesting is from the strategists' point of view, which is when to react and when not to react to YouTube.

SCHECHNER: Candidates are also learning how to harness the power of YouTube.

SEN. HILLARY CLINTON (D-NY), PRESIDENTIAL CANDIDATE: I won't sing it in public.

SCHECHNER: The site spotlights one candidate each week and they can ask anything they want.

CLINTON: What do you think our campaign song should be?

SCHECHNER (on camera): YouTube is empowering average Americans to impact the political process like never before. Candidates no longer have total control over their message, and that's forcing them to change the way they campaign.

Jacki Schechner, CNN, Washington.

(END VIDEOTAPE)

PHILLIPS: Can't wait for the CNN YouTube debate on July 23rd, well, you can join us tonight for a preview. Find out what's on America's mind when Paula Zahn reveals some of the possible video questions for the candidates. That's tonight and every night this week at 8:00 Eastern only on CNN. The next hour of CNN's NEWSROOM starts right now.

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