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Rescue Efforts Continue for Trapped Miners; Endeavour Spacewalk; Newark Student Murders

Aired August 13, 2007 - 14:00   ET

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

(BEGIN VIDEO CLIP)
KARL ROVE, DEPUTY WHITE HOUSE CHIEF OF STAFF: I'm grateful to have been a witness to history. It has been the joy and the honor of a lifetime.

(END VIDEO CLIP)

KYRA PHILLIPS, CNN ANCHOR: The president's top political strategist leaving the White House. Will he be the chief architect of another presidential campaign?

T.J. HOLMES, CNN ANCHOR: Also, waiting and praying. Families of trapped miners desperate for any sign of life. We're live from Utah.

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

HOLMES: And I'm T.J. Holmes, in today for Don Lemon.

PHILLIPS: Well, we continue to await word out of Utah about a new attempt to locate six trapped miners. At last report, rescue workers had not yet begun to bore a planned third hole toward a chamber where the miners might have fled. Separate teams are digging toward the miners around the clock but making little apparent headway.

CNN's Brian Todd live once again from Huntington, Utah.

And Brian, I didn't get a chance to ask you this last time, but there's a lot of concern about the safety of those rescue workers, right? Because they're even feeling tremors while working down in that mine.

BRIAN TODD, CNN CORRESPONDENT: That's right, Kyra. These tremors, they call them bumps. It's when the earth essentially shifts and the floor of the mine shifts. Some of the pillars that are set up could be compromised, could even collapse. Some rubble shoots out. It's a very scary experience.

This happened a couple of times over the weekend. That has impeded progress greatly. So now what they're doing is, when they're -- this is the original digging point, where they're going in the main shaft after these miners -- and what they're doing is, about every two feet, they're putting in ribbing as they go to try to ensure the safety of the rescue teams going in that main area there. They've got to put beams across, they've got to put chains across just to ensure the roof -- to shore up the roof wall. So that's what they're doing.

And I just -- I talked to the mother of one of the rescue workers. She is confident, her son is confident that they're doing everything they can to shore up those areas as they go in, but the progress is very, very slow -- Kyra.

PHILLIPS: What about the families? Not a lot of people are talking, obviously, but we're trying to seek out how they're holding up, what they're doing with regard to just believing in the fact that these six miners are going to come out alive.

TODD: Well, the company officials have said all along -- Bob Murray, the head of the mining company, has said he believes that they really could be alive, that this is a survivable situation. The families, as you kind of talk to them day by day, you get the sense that they're getting a little bit more discouraged as the days go along. But they do say they're clinging to hope.

They really are -- you know, they're banking on every word that they're being told by these mining company official whence they meet. But progress is so slow at this point that they're getting discouraged, as well, and you kind of sense that in the tone.

PHILLIPS: All right. Brian Todd live from Huntington, Utah.

We'll continue to check in with you.

Straight ahead, the agony of waiting continues there in Huntington, Utah. For the families, a Mexican priest is now the major source of comfort and news about the missing miners. We're going to have that story straight ahead in the CNN NEWSROOM.

HOLMES: Well, for decades they seemed inseparable. Now President Bush's top strategist is mapping out a new strategy. Karl Rove is leaving the White House. He's been at George W. Bush's side since way back in the day when he first ran for Texas governor, and he remains a fierce loyalist to the end.

(BEGIN VIDEO CLIP)

ROVE: Today, I submitted my resignation as deputy chief of staff and senior adviser effective the end of the month.

Mr. President, I'm grateful for the opportunity you gave me to serve our nation and you. I'm grateful for being able to work with the extraordinary men and women that you've drawn into this administration. And I'm grateful to have been a witness to history. It has been the joy and the honor of a lifetime.

(END VIDEO CLIP)

HOLMES: Rove says he was not forced out. He says he wants to spend more time with his family, maybe write a book. White House spokesman Tony Snow says Rove does not intend to join a 2008 Republican presidential campaign, but that's not stopping the speculation that he may help unofficially.

Of course, he's been scrutinized, he's testified, he's never been charged, though. And for Karl Rove, that might be something to be proud of, so says former Education secretary and current CNN contributor Bill Bennett. Here's what he told "AMERICAN MORNING'S" Kiran Chetry from his radio show.

(BEGIN VIDEO CLIP)

BILL BENNETT, CNN CONTRIBUTOR: The headline should be "Rove Leaves Unindicted," and in some ways that's an achievement these days. You know, the political temperature is so hot. There were so many people after Karl Rove, the fact that he was able to leave and leave freely is a good thing.

(END VIDEO CLIP)

HOLMES: So, will Karl Rove now be a sitting duck once he leaves the relatively safe confines of the White House? Not so much.

We'll get more from our legal expert at the half hour.

PHILLIPS: And a longtime New Orleans city councilman pleaded guilty today to corruption charges. Oliver Thomas admitted in federal court accepting thousands of dollars in bribes. Thomas reportedly took illegal payments from a New Orleans businessman. Thomas apologized to residents and took full responsibility for his actions.

(BEGIN VIDEO CLIP)

OLIVER THOMAS, NEW ORLEANS CITY COUNCILMAN: Please know that whatever happens to me, and wherever I may be, I will be praying for and working towards the rebuilding of this city. In spite of my current situation or what may be following me in the future, I will continue to work for the city I love, and I have made peace with my god, and I will continue to love my city and all of you.

(END VIDEO CLIP)

PHILLIPS: Well, Thomas immediately resigned from city council, where he served as vice president. He had been considered a likely candidate for mayor in 2010.

HOLMES: Three murder charges have been filed today against a man accused of opening fire in a Missouri church, killing three people. Fifty-two-year-old Eiken Elam Saimon is from Micronesia, as is the church congregation. Witnesses say he burst in yesterday afternoon shouting, "Liars! Liars!" and purposefully targeted a deacon and two church elders.

It then turned into a hostage situation, with terrified people trying to escape as Saimon allegedly held police at bay.

(BEGIN VIDEO CLIP) CHIEF DAVE MCCRACKEN, NEOSHO, MISSOURI, POLICE: Due to the fact of the chaotic conditions there, some people escaping at the time of the incident, during the incident, or at the time of rescue, we know there are people that we have not been able to get in touch with yet, and we do not know if there's other victims.

(END VIDEO CLIP)

HOLMES: Saimon is being held on $5 million bond. Police say he's also a suspect in a weekend sexual assault of a 14-year-old relative.

PHILLIPS: So, how close close will Flossie get? The Category 4 hurricane is expected to brush south of Hawaii sometime tomorrow. By then it may have weakened considerably, but could still bring lots of wind, rain and heavy surf. It's been 15 years since a hurricane hit the islands.

(WEATHER REPORT)

HOLMES: Well, Endeavour astronauts are busy in space today while mission managers are busy on the ground. Two of the astronauts are now on a spacewalk swapping out a gyroscope on the International Space Station. NASA engineers may decide today if repairs are needed for a gash on the shuttle's protective thermal tiles.

Our space expert, chief technology correspondent, Miles O'Brien, going to join us here now with the latest.

Tell us what's happening up there.

MILES O'BRIEN, CNN SPACE CORRESPONDENT: Well, T.J., they're having a pretty successful spacewalk so far. As a matter of fact, they're right on the timeline. And what the spacewalkers are doing, Rick Mastracchio and Dave Williams, is replacing a gyroscope.

There are four of them in all outside the International Space Station which allows it to fly in specific orientation, or attitude. One of them had failed, and they're in the process of putting a new one on.

There you see pictures right now of the spacewalkers. That's Dave Williams right there, involved in his part of the timeline right now. So far so good, as they do that, and that is an important thing, because ultimately that saves NASA a rocket propellant. They can navigate by using the electrical power of the solar arrays, spinning those disks, as opposed to firing rocket thrusters, which, of course, is not a renewable source.

Now, while they're up there and things are going well, there are engineers huddled in Houston trying to figure out what to do about this. Take a look right in this area here as you see that kind of spray, if you will. That's on a loop, and what you're seeing is a softball-size piece of foam striking the bottom part of the underbelly of Endeavour 58 seconds after launch. And take another look at it, a different view. This comes from one of the solid rocket boosters looking down. I just want you to train your eye right along there, and you can pick out that little piece of foam.

As it went down, it struck in this area. It caused about four dings, one of them pretty serious.

Take a look at the other side of the solid rocket booster, another view of that. And then there you see what we're talking about here.

This was one of the pictures which the astronauts were able to get yesterday using some laser range-finding devices and a high- resolution camera. And the thing to look for here is right in there.

It's very likely that that is the aluminum skin of the space shuttle Endeavour. This particular part of the shuttle reaches 2,300 degrees during reentry. So they want to make sure that this is going to go well.

So, they've actually broken some tiles in a similar way on the ground, they're putting them in a blast furnace. They've run everything through a computer simulation, and then they'll make a decision on repairs. Three options on the table.

First of all -- well, actually, four options. One option could be to do nothing.

The three repair operations include this technique, which they've tried out in space. It's kind of a -- almost like shoe polish.

You see that on the end there, and they lacquer that stuff on. And it gives it a better heat-shedding capability. The other option would be to kind of fill that in with a bondo-like material, or cover it over with a metal plate.

NASA has had some experience with damage like this in the past, prior to the days -- prior to Columbia, before they ever looked. As a matter of fact, the first flight after the space shuttle Challenger, on Discovery, similar kind of damage, similar location, only worse.

Take a look at it here. This is a much bigger area, and as you look right in the center here, you can see it. It made it all the way down to the skin as well. Discovery came back safe and sound in that case. So, all of that will get kind of factored in to the decision making.

One of the things they consider, T.J., is any time you put an astronaut out near those fragile tiles doing -- trying to make it better, you always run the risk of making things worse.

HOLMES: Hey. And Miles, just real quick, how big is that hole that we were looking at on that...

O'BRIEN: This one, or -- the one on the current missions is two inches by three inches.

HOLMES: Two inches by three. All right.

O'BRIEN: This one is about six inches long.

HOLMES: OK. On the belly.

O'BRIEN: Yes.

HOLMES: All right. Just wanted some perspective there.

Miles O'Brien, thank you, as always, sir.

O'BRIEN: You're welcome, T.J.

PHILLIPS: Well, four college students were shot, three of them are dead, and Newark police say this man was involved. We'll have the latest on the manhunt in New Jersey.

HOLMES: Plus, Karl Rove says he's leaving Washington. Can the president's top adviser leave possible legal troubles behind as well? We'll get a lawyer's opinion.

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

(COMMERCIAL BREAK)

PHILLIPS: 2:15 Eastern Time. Here are three of the stories that we're working on in the CNN NEWSROOM.

With a hug for the boss, Karl Rove announces he's stepping down. President Bush's longtime top strategist is leaving the White House at the end of the month. There's speculation that Rove might join a GOP presidential campaign even though the White House says he doesn't intend to.

Three first-degree murder charges now filed against this man. He's accused of storming into a Missouri church yesterday and shooting three people to death. Police say he's also suspected of sexually assaulting a 14-year-old girl.

Rescue crews are gearing up to drill a third hole into a collapsed central Utah mine. It's another attempt to find six miners trapped for a week now. Previous drillings have made no contact with the men.

HOLMES: Just 15 years old but accused of murder. A detention hearing is being held today for a juvenile suspect in those execution- style killings of three college students in Newark, New Jersey.

Meanwhile, police are searching for a fourth suspect, Rodolfo Godinez. One of three suspects already in custody is Jose Carranza, an illegal immigrant. His bail was revoked today in connection with charges stemming from another assault case.

In wake of the killings, new legislation now being introduced today requiring police to contact immigration officials about the arrest of suspected felons who are here illegally. And Newark City Councilman Ronald Rice is introducing that bill. He joins us now from Newark.

Sir, thank you for being with us.

Explain to folks first how the system is set up now, that police aren't supposed to even ask, because you're a sanctuary city, not even supposed to ask people they arrest what their status is.

RONALD RICE, NEWARK CITY COUNCIL: We're trying -- part of what I'm trying to do with the resolution, T.J., is to get to the bottom as to exactly who is responsible for what -- the prosecutor's office, the Newark Police Department, and others. And so, I'm not trying to pretend that somehow my resolution answers all questions or gives out responsibilities to those who may not have those before.

What we're trying to do is to start the discussion about how was this gentleman out of jail when obviously he was charged with other things? And so, it's to begin that discussion. We want to bring it to the table, not only leaders in terms of law enforcement and city officials, but also illegal immigrant activists in our community as well.

HOLMES: But sir, how is this -- well, I guess, what's the point, then, of the legislation if it can't have a real effect and a real change? Like it sounds like you're saying there, again, a sanctuary city, the police can't even ask about someone's legal status. Your bill would require police to tell the illegal status to the feds.

So, they can't even ask the question. So, how does this legislation help?

RICE: Well, the legislation is actually proposing that the notification does, indeed, occur when someone who's an illegal immigrant does commit a felony.

HOLMES: But police can't even ask if they're an illegal immigrant.

RICE: I'm sorry. I could not hear you, T.J. I apologize.

HOLMES: But police can't even ask -- police can't even ask that question because you're a sanctuary city. So police can't ask if they're illegal. If you can't even ask if they're illegal, how can you then tell somebody, pass it along to the feds, if they can't ask the question in the first place?

RICE: Well, I think that's part -- that's part of what the discussion has to be going forward, T.J. The reality is, we have to bring everybody to the table just to find out if that's a policy that best serves the interests of the city.

My goal is to start having those kind of conversations honestly and openly to develop a kind of process that indeed works for everybody, that makes sure we take people who are convicted or accused of committing heinous crimes in our community off of the streets, but balancing the fact that we have illegal aliens in our community who are working towards citizenship, doing the right thing, indeed paying taxes in our town. We have to make sure that we address all, so that it's a balanced attack, to protect all citizens, no matter what your citizenship is in the United States and right here in the city of Newark.

HOLMES: Do you suggest at all -- and, of course, with this legislation, people hearing this, it might come across that this is some kind of a backlash against immigrants or against illegal immigrants. Do you believe illegal immigrants are a problem or a big problem of the violence that has happened and has been going on for some time now in your city?

RICE: Absolutely not. I'm somebody that's actually one of the more progressive members you'll find in any municipality.

I support illegal immigration amnesty. I support making the timeline for citizenship a lot simpler or a lot shorter. And so, I don't want this to be some sort of racial baiting thing that pits communities against each other.

I invite the illegal immigrant community in terms of activism who are fighting for their rights and for making -- and for making it better for those folks that are here working hard every day. I want them to be part of the discussion.

I've reached out to members of -- my colleagues, as well as people in the Newark Police Department, the prosecutor's office, so that we can come together with solutions that protects those who work hard but punishes those that seek to desecrate our community and indeed desecrate our way of life. We want all crimes solved and we want all people who commit crimes punished.

HOLMES: All right. Newark City Councilman Ronald Rice.

Sir, thank you for your time and good luck there to your city as you all try to recover. A lot of folks trying to get past what happened to those three college students. But good luck to you and your city.

RICE: Thank you.

PHILLIPS: Well, leaving the White House behind, but is Karl Rove also leaving the president's protection from possible subpoenas? Don't bet on it.

That's straight ahead in the NEWSROOM.

HOLMES: Also, an Iraqi news anchor accustomed to reading about the daily death toll. Well, what happened when the violence touched her family?

(COMMERCIAL BREAK)

(BUSINESS REPORT) HOLMES: Well, the crowded presidential field thinning a bit. Or at least by one. A Republican candidate bows out.

That's ahead in the NEWSROOM.

(COMMERCIAL BREAK)

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

HOLMES: And I'm T.J. Holmes, sitting in today for Don Lemon.

He's been called "The Architect" of President Bush's election. He's also been cloaked in controversy during much of the Bush presidency.

PHILLIPS: What's next for Karl Rove? And will he now be a sitting duck for prosecution?

Straight ahead in the CNN NEWSROOM.

Strategist, architect, right-hand man, Karl Rove was all those things during the decade he's spent at President Bush's side. But now he's quitting his White House job, will he end up a sitting duck? Not likely says civil rights attorney Avery Friedman.

Avery, does leaving the West Wing mean leaving your presidential protections behind?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Absolutely not, Kyra. A lot of people are assuming it. Actually that's the hot legal question of the day.

When he leaves in about two weeks, does that mean that the privilege evaporates, and the answer is that the privilege the governed by George W. Bush. So, whether Karl Rove is a private citizen, or if he's adviser to the president, as he is now, that privilege remains until his death, unless the president permits him to wave it.

PHILLIPS: Interesting, because people were wondering does he have fewer legal protections as a private citizen?

FRIEDMAN: Right.

PHILLIPS: Yet all of this happened while he was working for the president. So, the executive privilege doesn't completely evaporate?

FRIEDMAN: It doesn't evaporate at all, Kyra. In fact, what's happening right now is we're headed to a constitutional smackdown. The difficulty is that Congress has the right to find out what happened. They amended the Patriot Act in 2006, in the event that a U.S. attorney was killed during a terrorist attack, and the White House used it to fire U.S. attorneys, and replace them with interim U.S. attorneys. So it's a legitimate area of inquiry, Kyra. The problem is they don't know, and without Karl Rove, they're never going to know, and if they can compel that testimony, that's the only way they're going to get their answer.

PHILLIPS: If they subpoena him and he doesn't show up, could he be tried in contempt of Congress?

FRIEDMAN: There is a law passed by the Congress, which actually permits a contempt matter to be certified to the U.S. attorney. And an individual who's held in contempt, Kyra, can face up to a $100,000 fine, and up to 12 months in jail. So, there is a law on the books.

PHILLIPS: So, he says he's leaving, and he's apparently working on a book.

FRIEDMAN: Yeah.

PHILLIPS: So, how does that all play in? I mean, there are things -- what if -- what he says, what he doesn't say, how that plays in to all of this.

FRIEDMAN: Well, it's going to, but what's very interesting, in studying Title II, which is where the law is, if the Senate votes contempt, it has to be certified to the U.S. attorney. Well, you know who does that? The president of the Senate. You think Dick Cheney is going to certify it to the U.S. attorney?

PHILLIPS: I was going to say, it's all going back to this whole executive privilege issue.

FRIEDMAN: That's why I'm talking about a constitutional smackdown. In the history of America, Kyra, these issues are generally resolved between the two branches of government. Now, there is an example back in the early 1800s where a person held in contempt was actually held by the sergeant of arms, and detained in the basement of the capitol building.

I don't know that we're going to see that, but somebody's got to give somewhere because ultimately we don't know who's going to resolve it, the courts, the Congress, or the president.

PHILLIPS: That could be a whole interesting chapter in his book if that ever happened, Avery.

FRIEDMAN: That's exactly right.

PHILLIPS: Senator Leahy came forward, obviously, because he wants to subpoena him in order to get into the firings of these U.S. attorneys. He's got an investigation at hand.

He came forward and said, "There's a cloud over this White House and a gathering storm, a similar cloud envelopes Mr. Rove, even as he leaves the White House."

Let's read between the lines. What's the senator saying here? FRIEDMAN: Well, what the senator is saying is look it, we really want this information, please give it to us, because if you don't, we're going to have to back into this battle. And the truth is, Kyra, this is a very serious issue. It's not unique to George W. Bush. People, for example, such as Janet Reno faced contempt and William French Smith, a Republican attorney general. But this is about as high as it goes. And until somebody starts giving in this thing, nobody know what is the answer is going to be.

PHILLIPS: Avery Friedman, always good to see you.

FRIEDMAN: Take care.

HOLMES: The race for the Republican presidential nomination is out a Thompson, at least for now. GOP supporters still awaiting the expected entry of former Tennessee Senator Fred Thompson, former Bush Cabinet member, Tommy Thompson has bowed out. The former Wisconsin governor talked to reporters yesterday after placing a distant sixth in an Iowa straw poll.

(BEGIN VIDEO CLIP)

TOMMY THOMPSON, (R), FMR. PRESIDENTIAL CANDIDATE: I had my chance, and it didn't come out the way I thought it was going to, but that's life.

UNIDENTIFIED MALE: Let me make sure I'm hearing you correctly. You're out of the race.

THOMPSON: I'm out of the race. You know, I told everybody. You know, if I couldn't do first or second, I didn't want to prolong it. And I wanted to do what I do the best, and that's retail politics. I went all over the state. I worked -- as you know, you traveled with me. You know how hard I worked.

You know, that's life. Sometimes it pays off, and sometimes it doesn't. And this was one of those times, you know, that the votes weren't there but my ideas, I am positive, will continue.

(END VIDEO CLIP)

HOLMES: Well, Thompson hasn't said whether he'll back another candidate. His withdrawal leaves now just eight Republicans in the race. One of them being Mitt Romney, who finished first among Republicans who competed in Iowa's straw poll over the weekend. He won the straw poll, but maybe the biggest winner, Mike Huckabee.

That's him in the shades there, rocking out on the bass guitar. With Rudy Giuliani and John McCain choosing to skipped this contest, a lot of folks were keeping an eye out to see who would finish second, behind Romney, the answer they got, the bass-playing Huckabee.

(BEGIN VIDEO CLIP)

MIKE HUCKABEE (R), PRESIDENTIAL CANDIDATE: We've been at this campaign now and it's always been an inch at a time, but it's better to start at the bottom and begin working your way up, than it is to is start at the top and start slipping behind. We have good organizations in New Hampshire and South Carolina.

And I know, you know, I'm relatively unknown on the national scene. That's one of the reasons, frankly, it's encouraging knowing we haven't yet been one of those Republicans rejected by the national voters, because they don't know me. When they get to know me, we're confident they'll do exactly what the people of Iowa did, and that is, even without being given necessarily a whole closet of T-shirts, they're going to join in and become part of our movement.

(END VIDEO CLIP)

HOLMES: The former Arkansas governor also a Baptist minister. He is deeply conservative and he is perhaps best known to a lot of you for losing 100 pounds, then tour -- taking talks shows (sic) and promoting eating healthy.

PHILLIPS: Well, the Taliban has freed two of the 21 South Korean hostages it's been holding in Afghanistan. The women were handed over to Korean officials and were to get health check-ups and be flown home. They were part of an aid convoy kidnapped last month. The Taliban killed two of their colleagues and has threatened to execute the rest. It called today's release a gesture of good will. Negotiations continue among the Taliban, South Korean government, and the Afghan Red Crescent Society.

HOLMES: The head of the Chinese company at the center of a massive U.S. Toy recall commits suicide. He reportedly hanged himself in the company's warehouse over the weekend. Mattel was forced to recall nearly a million toys this month made by the Chinese company, including favorites such as Big Bird and Elmo.

Paint in the toys was found to have excessive amounts of lead. The head of that company was apparently sold a defective paint by his best friend.

PHILLIPS: An Iraqi woman thought her doctor husband was just caring for the casualties. Then her worse fears came true. CNN's Arwa Damon reports.

(BEGIN VIDEOTAPE)

ARWA DAMON, CNN INTL. CORRESPONDENT (voice over): Nahlah (ph) is a news reader, and every day she has to read the daily death toll.

UNIDENTIFIED FEMALE (through translator): You always think that you are exempt from the numbers.

DAMON: On April 14th, that changed. Nahlah's (ph) husband, Mohammed, was a doctor; the type of man who gave his own blood to help his patients. A man whose lust for life was contagious, doting on his autistic son, a six-year-old, Yusaid (ph), meaning, "Little Lion". That day in April, he never arrived to pick up his family.

UNIDENTIFIED FEMALE (through translator): One of my friends called and said there was an explosion on the Judvia (ph) Bridge.

DAMON: The bridge that Mohammed would have been crossing.

UNIDENTIFIED FEMALE (through translator): The worst thing that imagined is that since he's a doctor that maybe he was treating the wounded.

DAMON: She began searching hospitals.

UNIDENTIFIED FEMALE (through translator): It's completely different when you put your finger on the record and scan names. That's when it began to feel serious.

DAMON: Nahlah (ph) says she no longer lives in color. Now she feels like life is black and white.

UNIDENTIFIED FEMALE (through translator) I remember a blue- colored sheet covering something. At one end pigtails of a little girl with a red ribbon, at the other, a tiny white foot. The sheet drenched in blood. At the moment, I forgot why I was standing there. I was crying for those people, and then I remembered that I had to go into the morgue.

DAMON: There, 10 charred bodies, melted together. Nahlah (ph) couldn't bring herself to go inside.

UNIDENTIFIED FEMALE (through translator): My father-in-law took pictures of the teeth. The first picture I said this is him, absolutely. It was just the teeth and around the lips were scorched and the skull was scorched.

DAMON: The only marking left to identify Mohammed, a pin in his knee from an earlier accident.

UNIDENTIFIED FEMALE (through translator): Suddenly, the scorched thing is the same thing that used to be a beating heart with you in life, that a day before he had blood in his veins, that a day before you would hold his face.

DAMON: Nahlah (ph) she shows us the contents of what she calls the case of memories. Baby books, C.D.s to help with to help with Yusaid's (ph) autism, photographs.

UNIDENTIFIED FEMALE (through translator): Mohammed would write down his son's every movement as if he imagined that his son would need to know that he loved him, and that he wouldn't be around to tell him how much he loved him and cared for him.

DAMON: Little Yusaid (ph) thinks his father is traveling.

UNIDENTIFIED FEMALE (through translator): In this picture, Yusaid (ph) is four months old. He's asleep to his father's heartbeat, until the very end.

DAMON: In spite of her incredible strength, sometimes even for Nahlah (ph), it's more than she can bear. Arwa Damon, CNN, Baghdad. (END VIDEOTAPE)

HOLMES: He made stars. He made shows. And he made piles of money. The astonishing legacy of Merv Griffin. That's next here in the NEWSROOM.

(COMMERCIAL BREAK)

HOLMES: Three murder charges have been filed today against a man accused of opening fire in a Missouri church, killing three people. This is the new video just in to CNN of a 52 year-old Aiken Elam Simon, in court, pleading not guilty this afternoon.

Witnesses say he burst in yesterday afternoon shouting, "Liars, liars!" Then purposely targeted a deacon, and two church elders at that church. He then turned it into a hostage situation with terrified people trying to escape as Simon allegedly held police at bay.

(BEGIN VIDEO CLIP)

CHIEF DAVE MCCRACKEN, NEOSHO, MO., POLICE: Due to the fact of the chaotic conditions there, some people escaping at the time of the incident, during the incident, or at the time of rescue. We know there are people that we have not been able to get in touch with yet, and we do not know if there's other victims.

(END VIDEO CLIP)

HOLMES: Simon is being held on a $5 million bond. Police say he's also a suspect in a weekend sexual assault on a 14-year-old relative.

PHILLIPS: Freed by mistake and on the lamb, a manhunt is underway in Maryland for a suspected child rapist. John Palmo was arrested Thursday for allegedly sexually assaulting a nine-year-old girl at gunpoint.

He was accidentally released from the hospital after being treated for injuries he suffered while fleeing police.

Authorities say that Palmo knocked on the girl's door, asked to use the phone, and once inside attacked her. Police say he should be considered armed and dangerous, but say hopefully with his injuries, a broken arm, cracked rib, and dislocated shoulder he won't be able to go too far.

HOLMES: Jury selection is now under way in the case of Louisiana nursing home owners Mabel and Salvador Mangano. They're accused of 35 counts of negligent homicide during Hurricane Katrina. The two didn't evacuate nursing home residents the hurricane. The flood water inundated St. Bernard's Parish and their facility. And 35 residents died. The couple also faces 24 counts of cruelty to the elderly. The trial could last up to six weeks.

You know him, he made the stars, he made the shows, he made all that money. The astonishing legacy of Merv Griffin coming up next in the NEWSROOM.

A.J. HAMMER, CNN ANCHOR, SHOWBIZ TONIGHT: I'm A.J. Hammer in New York. Well, the marriage wasn't till death do us part, but maybe the court battles are. I'm going to tell you why one former Hollywood couple is still serving subpoenas in the middle of the night, even after they've finalized their divorce. That's coming up next in the NEWSROOM.

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HOLMES: He brought us "Jeopardy!" and "Wheel Of Fortune" and countless hours of entertainment. Former talk show host and Hollywood mogul Merv Griffin passed away over the weekend after a long battle with prostate cancer. He was 82 years old.

Griffin began his career as a big band singer and later created a game show empire. But he's perhaps best remembered for his long- running TV talk show. He interviewed an eclectic mix of people including Orson Welles and philosopher Bertrand Russell. After President Reagan was shot in 1981, it was to his longtime friend Merv Griffin that he gave his first on-camera interview.

CNN's Larry King talked to Larry King talked to Griffin about his career as a talk show host.

(BEGIN VIDEO CLIP)

LARRY KING, CNN ANCHOR, LARRY KING LIVE: Anyone you went after all those years you didn't get?

MERV GRIFFIN: Pope John Paul II turned me down. Of course, he didn't even answer the phone. No. I talked to everybody I wanted to talk to. There's some today I would like to.

KING: You did that mix, too. Do you miss it, by the way?

GRIFFIN: No.

KING: Don't miss it?

GRIFFIN: Uh-uh.

KING: Would don't it again?

GRIFFIN: No. I'd rather watch at home and watch people doing their interviews. No. I have now become America's guest. All those years, I never, ever had an opinion on the show, not political at all. Republicans would write to me and say damn Democrats, Democrats would say, oh, you're just a Republican. Nobody ever knew my politics. I thought it would intimidate the guests, if they knew my politics, so everybody became my best friend.

KING: How long was the show on?

GRIFFIN: It was 23 years. And it was interesting, in those days, because people really -- they'd say how did you get them to do that, Merv? And same thing you do. You lock eyes with them.

KING: Yeah.

GRIFFIN: And if they're comfortable with you, they will tell you anything.

(END VIDEO CLIP)

HOLMES: You can be sure to tune in for a special "Larry King Live" tonight. Merv Griffin is remembered by Nancy Reagan, Joan Rivers and California governor Arnold Schwarzenegger, as well as his son, Tony Griffin, that's tonight at 9:00 Eastern, right here on CNN.

PHILLIPS: Well, their marriage may be over but they're still tied together in the courtroom. Britney Spears and Kevin Federline are gearing up to go back to the judge. "Showbiz Tonight's" A.J. Hammer here to tell us what's going on in the legal battle between the two.

All right, A.J., what happened over the weekend?

HAMMER: Yeah, Kyra, a little excitement over the weekend. A member of Britney's inner circle learned, I guess, the hard way that going out on the town in Hollywood can land you on the witness stand in the pop princess' custody battle over her two boys.

Brit's ex, Kevin Federline had Spears former assistant served with a subpoena when she was leaving a party on Saturday night. Now, in full view of the paparazzi, who have posted some of that video online, Alley Sims, Britney's cousin/former assistant, tried to avoid the server, but to no avail. She was forced to take the paperwork that would make her testify in what Federline's attorney calls the Spears/Federline issue.

The speculation is that Sims is going to be forced to answer all kinds of questions about the pop star's partying and how she takes care of her kids. Sims has publicly defended her cousin as a good mother in the past.

Most people really have no idea who to root for, at this point, in this battle. On "Showbiz Tonight," we've heard from a lot of people who think, on the one hand, the pop star's lifestyle raises questions a lot of questions about her parenting skills. Then, of course, there are plenty of people think Federline is doing all this to get more money.

So, Kyra, we're just going to have to wait and see how it all plays out.

PHILLIPS: Oh, boy.

All right, well, Aretha Franklin, she was in the news over the weekend, as well. She doesn't like all this hot weather, does she?

HAMMER: No, she doesn't. As we all know, Aretha Franklin, certainly one cool lady but apparently not cool enough to handle performing in severe heat. Who can blame her? The Queen of Soul decided to cancel a hometown in Detroit, on Sunday night. Now the show was supposed to take place outdoors. Franklin said that after a string of sweltering outdoor shows on the East Coast, enough was enough. Franklin announced the cancellation late Saturday night saying that she was exhausted from the heat, and could not, quote, "tolerate heat in these extremely high numbers and being in concert simultaneously."

She did say she does hope to reschedule the concert at a later date and she will no doubt, Kyra, put on a spectacular show. As she always does for her hometown crowd.

PHILLIPS: She is pretty amazing in concert.

All right a lot of people beat the heat this weekend, by heading to the nice air conditioned movie theaters, right? Who were the winners at the box office?

HAMMER: Well, it was Jackie Chan and Chris Tucker. They took home the box office crown over the weekend. "Rush Hour 3" collected just over 50 million bucks this weekend, now that was around $17 million more than last week's box office champ, "The Bourne Ultimatum." The "Rush Hour" sequel comes six years after "Rush Hour 2" and this kind of opening means definitely mean, well, at least there will probably be a "Rush Hour 4."

Now, when "Rush Hour 2" came out, it set a record for the biggest opening ever in the month of August, a record that stood up until last weekend when it was beaten by "The Bourne Ultimatum's" haul of $70 million. Those numbers are exactly why studios love sequels.

Coming up tonight on "Showbiz Tonight," Mommy, Daddy Dearest. From Lindsay Lohan to Britney Spears, the sometimes disturbing stories of the troubled relationships some of Hollywood's biggest stars have with their mothers and fathers. Should their parents be blamed for all their troubles? This is a "Showbiz" special report, tonight on TV's most provocative entertainment news show. We'll look forward to seeing you at 11:00 p.m. Eastern and Pacific on "Showbiz Tonight."

PHILLIPS: All right. Great to see you, A.J. Thanks.

HAMMER: You too, Kyra.

HOLMES: We have some record breaking and some record baking going on. The heat still on across much of this country. Chad Myers has the triple-digit roundup ahead right here in the NEWSROOM.

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PHILLIPS: Pretty busy in orbit, but they will get even busier if they have to patch the gash. Shuttle astronauts are switching out a damaged gyroscope on the International Space Station today. Two more space walks are planned for later this week, meanwhile NASA could decide today if a space walk is needed to repair damaged tiles on the Shuttle Endeavour's heat shield.

Mission managers are weighing whether the three-inch gash could leave Endeavour's aluminum skin vulnerable during the heat of reentry. We'll have a live report from Miles O'Brien in just about 30 minutes.

Next hour of CNN NEWSROOM starts right now.

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