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News Choppers Crash; Allesed Rapist Released; Cheney's Procedure Successful; Italian Wildfires

Aired July 28, 2007 - 14:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: Signs of progress in Iraq, a top U.S. commander there expresses cautious optimism. We have an exclusive report.
News helicopters following a live police chase collide. Investigators are on the scene, we'll bring you the details.

Outrage in Maryland, after an alleged rapist walks free, the judge claims there wasn't an interpreter available. Our legal eagles weigh in. You're in the CNN NEWSROOM, where the news unfolds live this Saturday, July 28th. I'm Fredricka Whitfield. First up this hour, inspectors are on the scene of yesterday's midair collision in Phoenix. Teams from the FAA and the NTSB are looking into the crash of two TV news helicopters. All four people on board the choppers were killed. Investigators are trying to determine what went wrong.

(BEGIN VIDEO CLIP)

STEVE CHEALANDER, NTSB: The scene is actually very confined. We just came from a tour of the scene. We walked around it quite a bit and it's very confined in the park area itself. There is some scattered debris in some areas. We're very fortunate in that none of the debris injured anyone. There were no injuries outside the four fatalities. There was one close call where a piece of the -- a rotor blade came off of one of the helicopters and it hit a truck, it was a delivery truck. It hit the front windshield of the truck just in front of the driver, but then embedded itself in the asphalt, missed the driver and he was not injured.

(END OF VIDEO CLIP)

WHITFIELD: CNN's T.J. Holmes has more on the crash.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Saw a couple of helicopters hovering above and then heard the bang.

UNIDENTIFIED MALE: It was in the air and then boom, it was dust falling to the ground.

UNIDENTIFIED MALE: I saw two helicopters that were on fire, plummeting to the ground and a trail of smoke. That's all I saw and just the explosion, I can't believe it.

T.J. HOLMES, CNN ANCHOR (voice-over): Two helicopters from different TV news stations in Phoenix collided on Friday. There was smoke and flames in the downtown park where the choppers hit the ground. The two helicopters had been following a police chase of a stolen vehicle. Authorities say the suspect will probably face charges for the deaths in the crash. Killed in the collision, a photographer and pilot on both KNXV and KTVK TV's helicopters.

MAYOR PHIL GORDON, PHOENIX: In terms of the family members that have lost loved ones and to the media families that have lost colleagues and loved ones, our hearts, our prayers go out to everyone. The tragedy that we faced as a community is particularly strong and painful today.

(END OF VIDEOTAPE)

WHITFIELD: Both Phoenix news stations are allowing viewers to leave their condolences for the families of those victims. KTVK.com has a special look at their crew, Scott Bowerbank and Jim Cox. There is a similar tribute set up for Craig Smith and Rick Krolak, for that go to knxv.com.

Take a look at this video sent to us from an I-Reporter. Thomas Looper shot this just after the two choppers crashed in Phoenix. You can see some of the smoke about two blocks away from the crash site.

Signs of progress in Iraq? A top U.S. commander there expressing some cautious optimism in a CNN exclusive. Our Arwa Damon reports from Baghdad.

(BEGIN VIDEOTAPE)

ARWA DAMON, CNN CORRESPONDENT (on camera): The number two U.S. commander in Iraq, Lieutenant General Ray Odierno, said that based on initial signs of success of the U.S. surge and of ongoing combat operation, that U.S. troops in Iraq could begin drawing down as early as this spring.

LT. GEN. RAYMOND ODIERNO, U.S. ARMY: We're seeing some clear trends. What I have to understand, are those trends going to continue? We're seeing trends of IEDs going down, we're seeing trends of less violence, we're seeing trends of casualties going down. We're seeing trends of Iraqi security forces being able to do more operations. If those trends continue, I feel confident that we'll be able to do something in the spring.

DAMON: General Odierno did caution for the drawdown to be successful it would have to be done very deliberately.

ODIERNO: It depends on how fast we draw down. I think if we do it in a deliberate way, I think we'll be able to maintain what we have gained and turn it over to the Iraqi security forces in a very meaningful way. If we have to do it in a big hurry, I think there's some potential pratfalls with that and that has to do with al Qaeda trying to come back in, some sectarian violence, because we don't have the right forces there. So that's why I think it's important to do it deliberately. I think it's our role to tell everyone how we think we should do that. DAMON: That based on lessons learned by the U.S. military in the past where the trend has been that once they withdrew from a certain location, the insurgency simply moved back in. A large part of the current perceived success of the surge is largely due to the fact that the U.S. military now is working with Sunni tribal sheikhs. Now the U.S. military calls them tribal sheikhs, but the Iraqi government calls them Sunni militias. And there are concerns amongst the Iraqi government and amongst some members of the U.S. military, that the Americans might just be potentially arming the Sunni side for a future civil war. The Shias largely being armed by Iran. Arwa Damon, CNN, Baghdad.

(END OF VIDEOTAPE)

WHITFIELD: And now in this country, parts of east Texas are hoping for the best, but ready for the worst. Flash flood watches are in effect today as rain storms push towards Louisiana, given all the flooding the state has already endured, authorities prepositioned emergency teams in case they are needed.

Have you seen this dramatic rescue video? Well, there's the tragedy or near tragedy right there. A KPHO TV news crew covering flooding problems around Phoenix was rolling when that pickup truck hydroplaned and skidded off the road. The vehicle rolled over and landed upside down as you see right there in a drainage ditch. Two teenagers and two toddlers were trapped inside, but there you see the rescue taking place. Witnesses jumped in the water and after a few pretty terrifying moments there, they got the doors open and they were able to pull everyone out, one by one. You can see that toddler there being rescued. Police say the good news here is everyone was wearing seat belts, so no one was seriously hurt.

In the meantime, now take a look at this off the Florida coast. The power of nature on the open sea, this waterspout, one of several spotted near Boynton Beach. Waterspouts are actually tornadoes, but they're not counted in tornado records unless they do make landfall. On the water they can still cause some major damage to boats and ships who -- which may be nearby, and they are most commonly seen along the Florida coast. Always pretty frightening, but at the same time really remarkable site.

(WEATHER REPORT)

WHITFIELD: More than 2,000 people turned out in Connecticut today to remember a mother and two daughters killed in a brutal home invasion. Dr. William Pettit Jr. was the lone survivor of the attack that killed his wife and children. He thanked everyone for their support and urged them to honor the victims by spending time with their own families.

The man who was a heartbeat away has a new heartbeat monitor today. Vice President Dick Cheney had minor surgery at a Washington hospital this morning. Doctors replaced his 6-year-old defibrillator because it had a low battery. His spokeswoman said there were no complications. He left the hospital about two hours ago. Vice President Cheney will be a guest on CNN's "LARRY KING LIVE" on Tuesday, he's feeling so good. Hear what he has to say about the Iraq war, the war on terror, and much more. You can catch that Tuesday, 9:00 p.m. eastern.

So maybe your taste buds suspected it, if you're drinking Aquafina, guess what? You're drinking expensive tap water. Pepsi-Cola tells CNN it's changing the labels on the popular band to let folks know what they really are getting. The current label reads, quote, bottled at the source. The new one will acknowledge that the source is public. Dasani, by the way, is tap water as well. It too is bottled by a big cola manufacturer, Coca-Cola.

The U.S. Marine Corps in trouble with the law in White Plains, New York. Why? Well the city government there is threatening to auction off a marine corps recruiting car unless the corps pays more than $90,000 in parking ticket fines. The vehicle was impounded several months ago. In all, more than two dozen cars used by marine recruiters in White Plains have been ticketed in the last six years. A marine officer says the corps is determined to sort out this mess. Pretty embarrassing, too.

Well, this too can be pretty embarrassing, depending on who you ask. Young celebrities fighting very public battles with alleged substance abuse. How are drugs impacting other young Americans? We'll have a reality check.

Michael Vick faces a court date over dogfighting charges and now his pocketbook is feeling it. We'll discuss the latest developments with our legal eagles.

And later, overcoming public embarrassment of another kind, ouch. And we keep seeing it over and over again, but you know what, look at her, she gets up, she's going, the show must go on, all this and more when the NEWSROOM continues.

(COMMERCIAL BREAK)

WHITFIELD: A look now at some of the most popular stories on cnn.com. Federal aviation investigators head to Phoenix after a deadly aircraft collision. Two TV news helicopters collided and crashed while covering a police chase. All four people on board the helicopters were killed. Another deadly air collision, this one in Wisconsin, the pilot of a single-engine war plane collided with another plane during an air show. The other pilot had minor injuries. The two p-51 mustangs collided while trying to land.

And in Los Angeles, this is a little out of this world, Zsa Zsa Gabor's husband is making headlines again. Frederic Von Anhalt claims he was stripped, robbed and left naked in his Rolls-Royce. He says the culprits were three women. Earlier this year, he claimed to be the father of Anna Nicole Smith's baby.

Getting high and going to rehab, watching some Hollywood celebs, it seems like either a rite of passage or a lifelong commitment. But do starlets and teen idols reflect the habits of other young adults? Let's hope not. At least not these days. Josh Levs is here with a reality check. JOSHUA LEVS: And that's one thing you have to start to wonder, when you hear about so many young people who are famous getting into these situations, are they just averaging out the same as the generation? Or are they, because they're stuck in Hollywood, a little worse off? Most likely it is the latter, but let's take a look at the numbers in general. Here's the deal. You know when we hear about something like Lindsay, it certainly makes me want to think, ok, what's the news value that we can get that will apply to all Americans? Well families all over the country concerned about youth and drugs. So we started looking into the numbers, you might just find that some of these numbers are still a little bit higher than you expect.

(BEGIN VIDEOTAPE)

LEVS (voice-over): Lindsay Lohan says the cocaine authorities found in her possession did not belong to her. Whether that's true or not, it is a reminder of young people's access to drugs, which experts on drug abuse call one of the nation's most important challenges. A federal study in 2005 found the number of kids using drugs grows through the teen years. Among 16 and 17-year-olds, 17 percent said they are current users of illegal drugs. 18 to 20-year-olds reported the highest rate of any age group, 22 percent. By far, the most used drug, marijuana, followed by prescription drug abuse, including methamphetamine, inhalants, hallucinogens and cocaine. Around one percent of teens and two percent of young adults said they had used cocaine in the past month. The number of teens who have experimented with drugs is much higher. Last year the National Institute of Health found 42 percent of high school seniors have tried marijuana. 8.5 percent have tried cocaine. Federal statistics also break down drug use among teens of different races, and have found the highest rate among American Indians at 19 percent, followed by 11 percent of blacks, 10 percent of whites, 9 percent of Latinos, and 3 percent of Asians. Overall the rate of drug use among youths has dropped a bit since 2002.

JOHN WALTERS, DIR., OFFICE OF DRUG CONTROL POLICY: Rejecting a life of drug abuse has now become a nationwide movement among young people, just as unhealthy behavior with regard to substance abuse became a kind of movement almost three decades ago.

(END OF VIDEOTAPE)

LEVS: But a close look at the figures also shows that actually some have gone up, such as cocaine use among young adults. Authorities are now saying that the rise of the internet, Fred, has actually introduced some new challenges, because some kids are using the internet to get their hands on drugs.

WHITFIELD: Oh, so that means it's leveling the playing field if you are in the city versus if you're in the burbs or out there?

LES: Yes, it's actually one of the big reasons for that. Yeah they pointed to that. I was taking a look at that, cities versus rural areas, it's interesting you know, a lot of people assume more drugs in urban areas. Overall for drugs in general, you do find that in what the government calls metropolitan areas, there's more drugs among youths. However, when it comes to things that they're calling prescription medications used for non-prescription purposes, basically a lot of abuse in that department is pretty much the same, we're seeing the same numbers and that includes methamphetamines. For our kids in the burbs, kids out in rural areas and kids in big cities.

WHITFIELD: So any light at the end of the tunnel?

LEVS: Yeah, a little bit. I mean when you look at -- this is the most complex report I've ever seen. The government is really trying to investigate this and figure out what's going on. And so there are thousands of figures in here. I'm glad you asked that because sometimes you're going to hear pronouncements from the government that things are getting so much better or maybe not, it's because there's so many figures. You can spin them different ways. The fact is overall the teens doing drugs has gone down a bit, and that's something. But Fred, in these figures, it's also a couple steps forward, one step behind. So while you see some advancement then you have more young adults, 18 to 25, doing cocaine.

WHITFIELD: Yeah, and even if the numbers are getting lower when you see all these younger, kind of more notable figures who are getting in trouble, it makes a lot of people think that the problem is getting worse.

LEVS: And that's also a reminder, if people didn't know one of these stars was doing drugs, how many kids out there do you not even know are actually doing them.

WHITFIELD: All right, Josh Levs, thanks so much for the reality check.

LEVS: You got it.

WHITFIELD: All right, well coming next in the NEWSROOM, a CNN hero, helping others find a new life after gangs, a story you will only see on CNN.

(COMMERCIAL BREAK)

WHITFIELD: Every day at CNN we bring you stories that affect your lives, but all this year we're also sharing stories of people we hope will encourage you to become actively involved in the lives of other people. We are proud to call them CNN Heroes. Today we take you to the dangerous streets of El Salvador, where a former gang member is working to help others build better futures for themselves after gang life. Luis Ernesto Romero is today's "CNN Hero."

(BEGIN VIDEOTAPE)

LUIS ROMERO: I thought I was going to die at the age of 20 because somebody is going to shoot me. I was living as a gang member. In El Salvador kids get into the gangs because they don't have no other opportunities.

UNIDENTIFIFIED MALE: When you're on the street, every moment you live you live as if it were your last, because you never know how that day will end.

ROMERO: Something powerful came up when my daughter born. So I started like checking, hey, what am I doing? What I'm going to offer to my daughter. But then I founded Homies Unidos in 1997, so I started educating myself and now you know I help others. We teach them how to empower themselves, not in smoking weed, not in violence, not doing what they do. In El Salvador, the kids are much discriminated. If you have tattoos, if he's bald headed, but when he starts looking for a job, they don't give opportunities for him. We teach them how to do things in other ways.

[ Speaking foreign language ]

ROMERO: They never thought they would have a bakery of their own. Now they have a bakery and they're doing their own business.

UNIDENTIFIED MALE: We think different. We don't think going into environments and doing killings, we do other things. Homies is saving a lot of lives.

ROMERO: We come from gangs and now we are part of the solution, so it doesn't matter how much I got to spend, how much time I got to be on it, but I need to do it for my kids and for the other kids of San Salvador.

(END OF VIDEOTAPE)

WHITFIELD: So perhaps you would like to make a contribution to Louis Ernesto's work, or nominate your own hero for special recognition. You'll find more information on our web site at cnn.com/heroes. We also want to update you on a previous CNN hero. Remember Zach Hunter? You remember him. The 15-year-old working to end modern-day slavery, by collecting loose change. Well since CNN aired his story, at least two dozens students have contacted him to start their own loose change programs, and a record label executive has also pledged a portion of record sales to Zach's organization.

Court outrage, a judge lets an accused child rapist go free when an interpreter cannot be found. Ahead in the NEWSROOM, our legal eagles are ready to jump all over this story.

Wildfires in Italy, billions of dollars worth of damages. Were high summer temperatures the cause or was it arson? We'll take you there when CNN NEWSROOM continues.

(COMMERCIAL BREAK)

WHITFIELD: Time for a brief update on what's happening in the news right now. An investigation is under way into yesterday's collision over Phoenix involving two television news helicopters. All four people on board died.

And vice president Dick Cheney is out of the hospital after minor surgery to replace the device that monitors his heart. A spokeswoman says there were no complications. And Denver is drying out today from an evening of monstrous downpours. The mile high city got pummeled by torrential rains and lightening. A lightening strike is blamed for the death of a man in suburban Morrison. A power outage forced the postponement of a show by the pop group ABBA.

Jacqui Jeras in the weather center, and so seldom do we talk about that kind of flooding or deluge in Colorado.

(WEATHER REPORT)

JACQUI JERAS, AMS METEOROLOGIST: All right, let's get to our iReport for today. We've got a lot of great pictures that have come in the past coming week. This one we want to show you from Barry Krembs from Durand, Michigan. Incredible hail video, listen to this.

Wow, you can see all the leaves coming down along with that rain and that hail. He took that video on Thursday morning. He said the hail also damaged the windshield on his car and also his motorcycle. Thanks to Barry for sending that in from Michigan for us.

And sending in an iReport has never been easier, just click a picture on your cell phone and CNN.com/ireport. Send them on in, but keep yourself safe. Make sure you're in a shelter if you're going to take pictures like that. Barry said he was, that he was on his front porch, and covered up.

WHITFIELD: Good, glad to hear that. Fierce pictures, but you know what, you talk about folks who have been asking about the hurricane, clearly they don't live along the Atlantic coast because most folks along the coast are happy ...

JERAS: They will (ph).

WHITFIELD: ...happy to see no hurricanes thus far.

JERAS: This is true.

WHITFIELD: All right, Jacqui Jeras, thanks so much.

JERAS: OK.

WHITFIELD: All right, still weather, but of another sort, another place. In central and southern Italy, vast tracks of scenic countryside have gone up in smoke. And what troubles many Italians is that many of the ruinous wildfires were set on purpose, they believe.

Here's CNN's Alessio Vinci.

(BEGIN VIDEOTAPE)

ALESSIO VINCI, CNN CORRESPONDENT (voice-over): It used to be your ideal beach, if you believe the sign post. Now, the camping site in Via Samicola (ph) no longer exists, devastated by one of the many fires that ravaged southern Italy in recent days. "All the green areas are gone," says the owner. "The camping is gone, the apartments, the restaurants are all gone. Everything is gone," she says. "Our life is gone."

Authorities say it will take a year to clean up the damage and rebuild, but a decade to restore the natural habitat. Locals describe the fires as the worst in living memory. Country-wide, the damage to the farming and tourism industries is estimated at more than $5 billion. 3,000 tourists have been evacuated from this area alone. Most have returned home, but some are still here, despite the scare.

"We just managed to pack the most important documents and some money," he says, "then, we jumped in the water while the firestorm was passing over our heads."

It's still hot, after all, it's summer, but temperatures have now fallen below critical levels. Earlier this week, much of Italy was baking in temperatures above 40 degrees Celsius, 104 degrees Fahrenheit. The intense heat does not necessarily start a fire, but certainly makes it harder to put out. And the parched countryside provides the perfect conditions, emergency officials say, for arsonists, who they say are responsible for 90 percent of the fires.

GUIDO BERTOLASO, DIR., ITALIAN CIVIL PROTECTION: They know that the combination of heat and wind and very low humidity is the best situation, and they exploit that kind of days in order to start forest fires all over.

VINCI (on camera): So, why would anyone want to start a fire? The reasons are many, to clear land for pasture, criminal vendettas or even business rivalries. In the past, people would start them to provide land for construction, but then a law was adopted banning any building up to 20 years in burned-out areas.

(voice-over): The blame game has already started. Residents say emergency services were slow to intervene. Local newspapers suggest nothing has worked. Civil protection officials reject the accusation.

BERTOLASO: We have been able to be there in 40 minutes after we have got the first appeal. Forty minutes for an airplane or for helicopter are nothing.

VINCI: Other resorts in the area escaped major damage, and families quickly returned to the beach. It was frightening, many vacationers said, but after all, they also said vacation is vacation.

Alessio Vinci, CNN, Rome.

(END VIDEOTAPE)

WHITFIELD: In the Middle East, a new move by the Bush administration to counter Iran's growing influence. A senior administration official tells CNN the U.S. is putting together a proposed $20 billion arms deal for Saudi Arabia. The source says it's aimed at countering Iranian aggression in the Persian Gulf. Congress has to approve the arms package before it can move forward. NASA says it's investigating the stunning allegations of astronauts flying drunk. One of two purported cases involves a trip to the International Space Station aboard a Russian Soyuz (ph) spacecraft. And in a case involving the space shuttle program, officials were tipped after a canceled launch that someone on board had appeared to be intoxicated. NASA says the charges by an independent panel studying health concerns within the astronaut core have not yet been substantiated.

More on the astronaut scandal coming up later today in the CNN NEWSROOM. Rick Sanchez will ask the question: does America still need NASA? Tune in for that debate today at 5:00 Eastern right here in the NEWSROOM.

In today's Legal Briefs, NFL quarterback Michael Vick off the field and in the courtroom pleading not guilty to federal dogfighting charges in Richmond, Virginia.

And a case of outrage in Maryland where charges were dropped against an immigrant accused of child rape and molestation, the court unable to find an interpreter.

More now about that from Greta Kreuz with affiliate WJLA.

(BEGIN VIDEOTAPE)

GRETA KREUZ, WJLA REPORTER (voice-over): Montgomery County's top prosecutor said he's going to fight a judge's decision to dismiss rape charges against 23-year-old Mahamu Kanneh because the court couldn't find a suitable translator in time.

JOHN MCCARTHY, MONTGOMERY CO. STATE ATTORNEY: We believe that that decision to dismiss these charges was improper. We therefore have requested that an appeal be taken to reverse the court's order and to set this matter back in for trial.

KREUZ: Kanneh was charged with nine counts of rape and child sexual abuse involving two female relatives, one seven years old, the other only a year-and-a-half. He allegedly abused them repeatedly over the course of a year, between September 2003 and August 2004 while living in this Gaithersburg apartment. The older girl lived in this townhouse just a block or so away.

But Kanneh, who's from Liberia, speaks a rare doalect known as Vai, and the court could not find a translator in time. So three years later, the case was dismissed.

We just happened to meet Matthias Bannister, who speaks Vai outside the courthouse.

(on camera): Do you think it's that difficult to find a translator?

MATTHIAS BANNISTER, VAI SPEAKER: I don't think so, I don't think so. There are, as a matter of fact, there are a lot of Vaimenese (ph) out there. KREUZ (voice-over): Prosecutors had argued Kanneh didn't even need a translator since he went to high school here and attended Montgomery Community College. Kanneh now lives in this apartment building in Rockville, mere blocks from the courthouse. A relative who answered the door, said he was at work and declined comment.

(END VIDEOTAPE)

WHITFIELD: Oh boy. So let's turn it over to our legal experts, Avery Friedman, a civil rights attorney and law professor. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor as well now.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Thank you.

WHITFIELD: I got two professors here. Good to see you.

HERMAN: Thank you.

WHITFIELD: All right, well, a lot of folks are really outraged about this, particularly in the Maryland area.

FRIEDMAN: Yes.

WHITFIELD: And so Avery, let me begin with you. You know, that the courts say that they couldn't find an interpreter, and this went on for about three years.

FRIEDMAN: Yes.

WHITFIELD: The judge didn't even offer an opinion, right? So, on what grounds did the judge say, or the court say, case dismissed?

FRIEDMAN: Yes, and -- I'm not going to make your blood boil any less with this explanation, but Judge Catherine Savage (ph) said, well, you know what? The right of a speedy trial is the defendant's, it's Mr. Kanneh's. The problem here is that under the law that was used, it's 6-103-a, the judge is right, except she forget 6-103-b, which gives her the discretion, Fredricka, to keep the case going, and that ...

WHITFIELD: And what about just plain-old 101, which is, if he spoke English going to ...

FRIEDMAN: Yes.

WHITFIELD: ...a Montgomery County, Maryland high school, which is taught at mostly in English ...

FRIEDMAN: Right.

WHITFIELD: ...as well as Montgomery College, which is taught in English, why did he even need an interpreter?

FRIEDMAN: You got -- it makes no sense. The judge said -- the judge engaged a psychiatrist, not a linguist, and the psychiatrist said he needs an interpreter to really understand. It's ridiculous.

WHITFIELD: All right, Professor Richard?

HERMAN: Well, you know Fred, not only did he go to school -- high school and college, but when he was in high school, he didn't even take English as a second language. So, he didn't need to do that.

But, the court held a hearing, they appointed a court-appointed psychiatrist like Avery said, there were questions, there was analysis, and there was a recommendation that he have an interpreter. And the speedy trial act bound the judge. The judge did not have discretion here.

When a defendant gets charged, our society says that such a stigma to that, that they have the right to go to trial in 180 days, and here, the government, the prosecution, or the court, failed to comply with that. This case is over. They're not going to win the appeal.

WHITFIELD: Really?

HERMAN: It's over.

WHITFIELD: No appeal?

FRIEDMAN: Oh, come on.

WHITFIELD: You don't even think the district attorney says we're going forward, we're going to appeal this one?

HERMAN: Hey, Fred, whenever I lose a case ...

WHITFIELD: Moot point, you would say?

HERMAN: Fred, whenever I lose a case, of course, it's very rare, I always say I'm going to appeal the case. So, of course they're going to say that, but they're not going to win this one. Avery, they're not going to win it on appeal.

WHITFIELD: Really?

FRIEDMAN: Hey, hey -- 6-103-b will result in the reversal. You want to know why?

WHITFIELD: Why?

FRIEDMAN: Because this is a case where the defendant kept extending, extending, extending ...

HERMAN: Wrong. FRIEDMAN: The fact is the day the judge dismissed the case, listen to this. There was an interpreter in the courtroom ready to go.

WHITFIELD: Oh, boy. OK, well ...

HERMAN: Hey, Fred?

WHITFIELD: Oh yes, go ahead, real quick.

HERMAN: There was one, one request to have DNA analysis by the defense that extended it only one time.

WHITFIELD: Right (ph).

HERMAN: There were several court appearances after that, and each court appearance, the judge puts on the record whether or not the speedy trial time, the clock stopped. And it didn't.

WHITFIELD: Oh, all right.

Well, before we shift gears, because we are going to get to another case after the break, I got to know. The family members of this then one-and-a-half-year-old and 7-year-old, is this a case where they might pursue like a civil case? Not just against the defendant or the accused, but maybe even the court system as well?

FRIEDMAN: I hope so. And in fact, I think there are legal grounds -- in fact, I'm certain there are ...

WHITFIELD: Yes?

FRIEDMAN: ...civil grounds that can be exercised. And you want to know something?

WHITFIELD: Yes.

FRIEDMAN: If the prosecutor blew it -- I think Richard's wrong, but if he's right, there are civil remedies here, and doggone it, I hope the family takes advantage of that.

WHITFIELD: OK, Richard, last word, on that real quick, before we go?

HERMAN: You know, my last word on that is, you know, I just don't know if they can sue the government on that ...

WHITFIELD: Yes.

HERMAN: ...I really don't know ...

WHITFIELD: Yes.

HERMAN: ...but, they should be able to do. These are horrific charges.

FRIEDMAN: Absolutely.

WHITFIELD: OK, we're not done with you guys.

When the CNN NEWSROOM continues, dogfighting charges hound Michael Vick. He faces judgment inside and outside the courtroom. More from professors Avery and Richard.

(COMMERCIAL BREAK)

WHITFIELD: More now in our Legal segment.

It appears NFL quarterback Michael Vick won't make the season. He has a trial date in federal court November 26th. Vick pleaded not guilty to dogfighting charges this week in Virginia. His attornies are seeking a delay. But a check of court records suggests one of his three co-defendants is working a plea deal, and scheduled to go before a judge on Monday.

Meanwhile, Nike and Reebok are distancing themselves. Vick- endorsed products are being pulled from the shelves now.

Again, we put the case to our legal experts Avery Friedman and Richard Herman.

All right Richard, let me begin with you because didn't we all see this coming, that you know one of his buddies might strike a deal in exchange for testimony, no charges, no fines, something. You knew this was coming?

HERMAN: No prison, that's the big thing. Fred, Michael Vick is in a heap of trouble. He is in major, major trouble here. They can spin it any way they want it. He is in deep, deep trouble.

It's not just one of his co-defendants pled, it's the alleged ringleader that pled. And he is going to show there's a conspiracy charge here. All they have to do is show one overt act. Michael made a delivery of money, Michael purchased the house, knowing it was going to be used for this, Michael was consulted on one of the slayings of one of the dogs. One overt act here, it's over, he's going to be convicted.

WHITFIELD: Wow. Avery, is it as simple as that? I mean, that maybe this co-defendant will say, yes, you know, he also helped invite people to come over to watch these dogfights.

HERMAN: Exactly.

FRIEDMAN: Yes, well, it's actually easier than easy. And let me tell you why. The good government, unlike Montgomery County, whatever the heck happened over there, this is the United States, this is the U.S. attorney. This case was put together months before the indictment. They had four cooperating witnesses, and guess what? Starting on Monday at 9:00 in the morning ...

WHITFIELD: Yes. FRIEDMAN: ...we're going to have Tony Taylor (ph), one of the people charged, and he's turning into number five. So, this is a case where Michael Vick is finished.

WHITFIELD: So wait a minute, what about his defense team? Can his team say now, wait a minute, OK, I know he pled not guilty, but maybe we can strike a deal too, to at least avoid some jail time for him, given there's going to be a litany of associations to what was happening on his property?

FRIEDMAN: Yes. Talk to Richard about that one.

WHITFIELD: Richard?

HERMAN: Yes, Fred -- Fred, that's what -- that's -- Avery knows, because that's what's going on right now, I think today, this Saturday ...

WHITFIELD: Why wouldn't that have been going on already, I mean ...

HERMAN: You're right.

WHITFIELD: ...why wait until the, you know, indictment ...

FRIEDMAN: Well, yes.

HERMAN: You're so right, Fred. .

WHITFIELD: ...even if it's so ...

FRIEDMAN: Yes, yes, you're a professor, too.

HERMAN: You're so right. You are a professor.

FRIEDMAN: Yes.

HERMAN: I mean, you're so right, they should have done this, they should have prevented this spectacle here. This Michael Vick is too high-profile. Maybe the prosecutor just says I want another notch on my belt, and I want ...

WHITFIELD: Yes.

HERMAN: ...high-profile Michael Vick because it looks like -- it looks like, even though these are allegations ...

WHITFIELD: Yes.

HERMAN: ...it looks very bad for him.

FRIEDMAN: Well, there's another part of this that is very disturbing.

WHITFIELD: What? FRIEDMAN: I mean, the behavior, the criminal conduct involving this horrendous behavior stands by itself as horrible, but you know what? Michael Vick has been with the NFL and been with the Atlanta Falcons since 2001. The evidence in this case, Fredricka, goes back to even before that when he was at Virginia Tech.

The evidence in a case like this is overwhelming, and how in the world can the NFL and the Falcons explain away six, seven years of knowing what's going on here? They paid this man millions of dollars, and no one has done any intervention.

WHITFIELD: And so, this really could be the tip of the iceberg, too, depending on what happens with the federal case because might there also be some state charges that could come or statewide investigation that could follow this?

HERMAN: Yes.

FRIEDMAN: They're due in September. Those state charges are coming down in September.

WHITFIELD: Oh boy.

HERMAN: And the charges ...

FRIEDMAN: He's got as a rocket dockett 120 days, this federal court moves. This case is going to trial in November.

HERMAN: Yes, and unlike Mike Nifong down at Duke there, when the government ...

WHITFIELD: Uh-oh, I knew there was -- boy, you will not let that one go, will you?

FRIEDMAN: Yes, he's not going to let it go (ph).

HERMAN: I will never let that go.

WHITFIELD: I know.

FRIEDMAN: It happens (ph) every time.

HERMAN: But here, when the government -- when they indicted here, they were ready for trial, and they are ready.

WHITFIELD: Yes.

HERMAN: They're not doing investigations, they are ready for trial, they have their ducks in a row. Fred, I am telling you, Michael Vick is in deep, deep trouble on this case. He must make a plea deal here. He cannot because one or two, maybe you can ...

WHITFIELD: Yes.

HERMAN: ...you can affect your credibility of one or two witnesses, but when five, like Avery said, six, maybe seven by the time it goes to trial, it's overwhelming, it's overwhelming.

WHITFIELD: Man. All right, it is sad all the way around, it really is.

FRIEDMAN: Absolutely.

WHITFIELD: Avery Friedman, Richard Herman, thanks so much, I got two professors, two incredible law minds ...

HERMAN: And you.

WHITFIELD: ...with me on the weekend.

HERMAN: And you, Fred, too.

FRIEDMAN: And you too, now, that's right.

WHITFIELD: Shoot, I'm just learning from you guys.

FRIEDMAN: Nice to see you.

WHITFIELD: I appreciate it. Have a great weekend.

HERMAN: Have a good day.

WHITFIELD: Well, here's a perfect example of how not to drive, people. Take a look at this video. Recorded by the sheriff's department in Jacksonville, Florida, whoa, you can hear it, a suspected drunken driver veers in front of an officer. The officer gives chase, and after rounding a corner, here's what he found. The driver was pulled from the wreckage of his flaming SUV. He is now facing charges including driving under the influence and aggravated assault on a police officer.

In concert and out of step, Beyonce fall, becomes as big as Niagara Falls. But the singer's slip is just one of many famous flops. We'll take a look when the NEWSROOM continues.

(COMMERCIAL BREAK)

WHITFIELD: Catching a falling star and posting it online, so wrong. Beyonce's concert slip is just the latest YouTube tumble.

Our Jeanne Moos takes a look.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): When was the last time you fell on your face, or on your butt? Or off a stage?

KELSEY GRAMER, ACTOR: ...pretending I was a U.N. interpreter -- oh, God (INAUDIBLE). Oh, damn.

MOOS: It's bad enough when you're Kelsey Grammer, but imagine when you a diva takes a dive in front of thousands of fans, many armed with cameras. That's what happened to Beyonce. A spokesperson said her hem got caught in her shoe, and the moment was caught on YouTube, even though fans shooting home video of the Orlando, Florida concert reported that Beyonce asked good-naturedly ...

UNIDENTIFIED FEMALE: If any one of you got video of that, please don't put it on YouTube.

MOOS: Fat chance, and from YouTube, it spreads. Next thing you know, Beyonce hits the number one video on CNN.com, knocking "Giant Tumor" out of top spot. And it takes a lot to dislodge a 33-pound tumor.

Much was made of the fact that Beyonce bounced back, her hair bounced even more. Fans posted praise like, "Takes a lickin' and keeps on tickin'."

Lest you think we're reveling in Beyonce's misery, we're kind compared to the news anchor who couldn't stop laughing over a model who fell.

UNIDENTIFIED FEMALE: You try walking in those shoes.

MOOS: But hey, plenty of falling newspeople get plastered on YouTube, covering storms or stomping grapes, but don't believe every journalistic mis-steps you see on the Web ...

UNIDENTIFIED MALE: ...where last night, there was a robbery at about 3:30 in the morning. Now, police have -- oh God!

MOOS: Apparently, Chuck Storm (ph) is just a character dreamed up by the creator of the Web site. The Chuck Storm isn't so far from the reality of Al Roker. Al is featured on a Web site called Peoplefallingover.com. You have to love their logo.

And as if falling weren't bad enough, there are all those slow- motion replays. Cheer up, Beyonce, at least you didn't end up like Carrie Bradshaw.

UNIDENTIFIED MALE: Oh my God, she's fashion roadkill.

MOOS: It's not how far you fall, it's how fast you recover. And who says gallantry is dead. To the rescue.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: All right, we're going to tumble right into "The Special Investigations Unit," Ambush of the River of Secrets. Right now.

(COMMERCIAL BREAK)

WHITFIELD: Coming up in the NEWSROOM, signs of progress in Iraq. A top U.S. commander there expresses cautious optimism.

Plus, are your friends making you fat? They might be. Stick around and find out.

And one down, one to go. Could tonight be the night that Barry Bonds ties Hank Aaron's record?

We're live from San Francisco, but first, CNN SIU: Ambush at the River of Secrets right now.

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