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Utah Mine Rescue Effort; Lead Paint, Loose Magnets; Michael Vick's Attorneys Negotiating Possible Plea
Aired August 14, 2007 - 14:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Toxic toys. What's in your child's play room?
DON LEMON, CNN ANCHOR: More than nine million toys from China pulled from the shelves.
PHILLIPS: And we've got the list.
Hello, everyone. I'm Kyra Phillips, from the CNN world headquarters in Atlanta.
LEMON: And I'm Don Lemon.
You're live in the CNN NEWSROOM.
Just about every parent and child knows the names Barbie, Polly Pocket, toy cars, usually a child's delight. Today a potential danger to your children.
Mattel is recalling about nine million Chinese-made toys. Some have magnets that can come loose and get swallowed. Others have hazardous levels of lead paint. Now, this is Mattel's second biggest recall -- or big recall of Chinese-made toys this month.
CNN went right to the top to find out why, and here's what Mattel's CEO told the NEWSROOM'S Heidi Collins.
(BEGIN VIDEO CLIP)
BOB ECKERT, CHAIRMAN & CEO, MATTEL: We continue to have the most rigorous standards in the industry. And in fact, every toy being made right now, as it relates to paint, as an example, the paint is being tested when it's made. Each manufacturing plan that uses that paint is re-testing it again. And then every batch of toys that's made is being tested before it's released.
So, we have rigorous testing.
HEIDI COLLINS, CNN ANCHOR: How could this happen then? Forgive me, but if you have some of the most rigorous testing in the business, how could there be millions and millions of toys recalled?
ECKERT: We've changed our procedures because it appears that there is a quantity of lead paint that has been used in toy making. So, instead of releasing products and doing regular testing, we're now testing every batch of toys that's made. And we're going to continue looking for this.
Nobody likes to have recalls, but we'll continue working very hard on the standards. And if we see more issues, we'll promptly notify people.
(END VIDEO CLIP)
LEMON: Among the toys being recalled, Barbie and Tanner play sets; Sarge toy jeeps; Polly Pocket dolls, Doggie Daycare play sets; also some Batman action figures.
You can read complete details about the toy recall at our Web site. Just click on CNN.com.
And toys are just a fraction of the story. If you want to know more, click on our special report, "Made in China". You won't believe what you'll see there. That address is CNN.com/madeinchina.
PHILLIPS: Slow, painstaking, laborious, that's how mining officials in Utah describe the rescue effort eight days after the Crandall Canyon Mine collapsed and trapped six miners. And today, mining company president Bob Murray showed us why.
He joins me now live from right there next to the mine.
Sir, thanks for being with me.
BOB MURRAY, PRESIDENT & CEO, MURRAY ENERGY CORP.: Thank you, Kyra.
PHILLIPS: Well, I want to ask you, Mr. Murray -- we are watching the videotape that you aired just a little while ago, and a lot of the parts within that video it was hard to hear you and understand what's going on. So, we've got the videotape now of you sort of giving us a play-by-play of these support systems on the roof and along the walls.
Tell us exactly what the rescue workers are doing right there underneath the mine to get through all of that to the miners.
MURRAY: Kyra, that tape of the rescue work underground and the tape of the drilling on the surface was prepared for the families of the trapped miners. I was in the mine all night last night. We wanted to give it to them right up currently as to how the activity is taking place. And so, we aired that to the families this morning to show them the efforts underground and on the surface.
Kyra, in answer to your question, we must proceed very slowly underground. The mining conditions have been some of the worst that I've seen in my 50 years in mining due to seismic activity underground. And all of those supports that you saw on the tape that I released to you are inserted, ma'am, to protect the rescue workers. We must do that.
Now, fortunately, the seismic activity, Kyra, that we encountered since the first shocks last Monday and continued most of last week has settled down. And while we're not changing our support system, we are able to advance faster now than we were before.
We're on the same plan that we had day one. We've had numerous experts and consultants in the government and universities look at the plan that we implemented last Monday, and they all believe that we've been on the same -- the best underground rescue plan underground. And all of that support that you saw in the tape, ma'am, is to protect the rescue workers.
PHILLIPS: OK. So basically, they are creating a safety net around them as they dig through. Am I understanding that correctly, trying to put it in simple terms?
MURRAY: Precisely so, ma'am.
PHILLIPS: OK. And you think that you -- you think you're about 1,200 feet from the miners at this point. Is that correct?
MURRAY: Yes. Our progress underground, Kyra, has gone extremely slow, very disappointing. Very disappointing and very frustrating.
We've only moved about 700 feet underground. We actually have been driven back twice. We advanced 360 feet, only to have aftershocks bring that -- those ribs, those outbursts back in on us, and we lost that twice and had to go back to square one. But now the activity has settled down, and we're about a third of the way to the miners. I believe that we can go at about double the pace we have been now, and the rest of the 1,300 feet.
PHILLIPS: All right. Mr. Murray, you mentioned one thing as you were explaining the conditions down there, and I know the number one focus for you and everybody on this rescue effort is to get to those miners. But I have to ask you a question, with all respect, sir.
You mentioned that the conditions down there are the worst you've ever seen due to all the years of seismic activity. So, my question to you is, did you have any idea that the conditions were this bad? Or are you just finding this out now?
MURRAY: No. The conditions got bad as a result of the seismic activity.
The mining conditions -- the roof conditions were perfect. In fact, in the video, you saw that the roof has not been disturbed at all. The wire mesh, the roof bolts are all in place.
The mining plan has been approved by a number of engineering firms and by the Federal Mine Safety and Health Administration.
No, the conditions got bad as a result of the seismic activity, which is very unusual, much higher on the Richter scale than we've ever had, and more frequent. So, the mining conditions were the best that I have virtually in any coal mine until these shock waves hit.
PHILLIPS: All right. So with that in mind, then, how do you feel from just the bottom of your head and your heart at this point, knowing and being confident, you say, in the condition of those walls and the roof, do you believe that those miners could still be alive if they made it to that one cavity where they would have room to comfortably sit?
MURRAY: Kyra, they absolutely could be alive. There are three reasons why, and I explained this to the families this morning. And remember, those families have been right at the top of our list of attention from day one. We've made every effort we can to ease their pain and their trauma.
The reasons they could be alive is, one, the roof has not been disturbed anywhere from the seismic activity. Only the ribs. So, that means they could be alive.
Number two, there could be air pockets in there where that would sustain them to this day, the eight days.
Number three, there's water in there, plenty of water. So, if the initial seismic activity and shocks did not injure them, Kyra, they could be very, very much alive.
PHILLIPS: Bob Murray...
MURRAY: And I'm hoping and praying they are.
PHILLIPS: As well as everybody throughout this nation right now, sir.
I appreciate your time very much. Bob Murray, we'll be talking again soon.
MURRAY: I thank you, Kyra, and I thank all Americans for their concern about these families and these trapped miners.
PHILLIPS: Absolutely.
LEMON: Now back to our other big story today, a big toy recall that's shaking up the toy industry. Concerns about lead paint and loose magnets on some nine million Chinese-made toys prompted Mattel to issue the recall.
Our Allan Chernoff is live in New York with details on what is a very lengthy list -- Allan.
ALLAN CHERNOFF, CNN SR. CORRESPONDENT: Absolutely, indeed. The recall involves 18 -- more than 18 million toys worldwide. As you mentioned, Don, more than nine million here in the U.S. And we've been reporting there are two different categories of recall here.
First of all, the types of toys that have little magnets that can come loose. And this includes, as we've said, Polly Pocket, Doggie Daycare, Barbie and Tanner -- Tanner being Barbie's doll. And would you believe it's Tanner's pooper scooper that has a magnet that actually can come loose? The danger here, of course, is that little children might actually ingest the magnets, and that could cause terrible intestinal trouble. Now, this is actually a design problem. Mattel is saying the magnets, basically, the way they were inserted into the toys, a very poor design. They say they've now improved that design so they don't come loose so quickly. But there had been a prior recall back in November of 2006, and following that one, Mattel went back, did further research, and saw, hey, this really involves many more toys.
The second recall issue deals with lead paint. I have the toy right here. This is Sarge, a jeep from the movie "Cars". The problem is, it's painted with lead paint.
Now, this, Mattel is saying, actually is a problem from China. A subcontractor of the company that was manufacturing this toy, the subcontractor used lead paint. It was not supposed to. And as the head of the Consumer Product Safety Commission pointed out earlier today, lead paint has been outlawed here for years.
(BEGIN VIDEO CLIP)
NANCY NORD, ACTING, CHAIRWOMAN, CPSC: There is absolutely no excuse for lead to be found in toys entering this country. It is totally unacceptable and it needs to stop. And this agency is going to take whatever action it needs to take to address that problem aggressively.
(END VIDEO CLIP)
CHERNOFF: Mattel says it has toughened its standards and it now is checking every batch of pain used on its toys in China -- Don.
LEMON: You just kind of go, "Hello?" when you hear this story, Allan. All right. Thank you very much for that update.
PHILLIPS: Let's get straight to the NEWSROOM. T.J. Holmes working details on a developing story.
T.J., what do you have for us?
T.J. HOLMES, CNN ANCHOR: Well, that story is that Michael Vick might not go to trial because he might cop a plea.
Yes, Michael Vick, who has been indicted on federal dogfighting charges, now reportedly by the "AJC," the "Atlanta Journal- Constitution" newspaper, reporting that he is, in fact -- he and his lawyers in negotiations, plea negotiations with prosecutors. There were four people named in this indictment along with Michael Vick. The other three appear to be on their way to plea deals.
One has entered a plea deal and agreed to cooperate with prosecutors. The other two are expected this week to enter their plea deals in court and also agree with prosecutors -- and also cooperate with prosecutors. So that would mean that his three co-defendants have essentially turned on him and are going to point the finger at him. So, right now, it appears, according to the "AJC," that Michael Vick, who is facing these federal dogfighting charges, could be entering a plea deal. Now, most legal experts -- or many experts, I should say, do not think he could avoid jail time even if he does enter a plea deal. He is facing five years in prison and $250,000 in fines if he is convicted on those charges. But right now, according to the "AJC," he has entered negotiations for a plea.
So a lot more to come on Michael Vick possibly this week -- Kyra.
PHILLIPS: All right. We'll track it. T.J., thanks.
HOLMES: All right.
LEMON: He says he doesn't touch little girls. He just likes to look at them. But can pedophiles truly control their urges?
Ahead, we'll talk to the man who's done time for that crime.
PHILLIPS: Bracing for the wind and rain, Hawaii prepares for a brush with Hurricane Flossie.
(COMMERCIAL BREAK)
PHILLIPS: 2:15 Eastern Time. Here are three of the stories that we're working on from the CNN NEWSROOM.
Check your child's toy chest. Mattel is recalling more than nine million Chinese-made toys either because of loose magnets or lead paint dangers. The toys include some Barbie play sets, along with Polly Pocket dolls, Batman action figures and Sarge toy cars.
New video from that collapsed mine in Utah where six miners have been trapped for eight days now. Mining company officials showed it to demonstrate how slow and painstaking the rescue process is. Meantime, crews are now drilling a third hole to try to make contact with the trapped men.
A settlement and a possible comeback. Fired radio host Don Imus has reached a settlement with CBS over his contract. No terms announced. Meantime, sources tell The Associated Press Imus is negotiating with WABC Radio in New York about getting back on the air.
LEMON: Hurricane Flossie is stirring up trouble in paradise. Take a look at this view from space. The eye of this Category 2 storm is expected to blow past Hawaii in a matter of hours, just to the south of the big island.
That's the view from space. See that? Amazing.
Well, with heavy winds and flooding rains expected, folks are emptying store shelves, emergency shelters are open, and all schools are closed there.
I bet the kids like that.
The last hurricane to hit the island was 15 years ago.
Chad Myers following the storm for us in the CNN severe weather center.
(WEATHER REPORT)
PHILLIPS: Well, baking still from Colorado to the Carolinas, and the heat wave is claiming more victims by the day. At least a dozen people in six states have died from the scorching temperatures, many of them elderly who were found in their homes with the windows shut, the air conditioner turned off. Public school systems are taking extra precautions, canceling outdoor recess and postponing football practices until dark.
LEMON: Her parents were casualties of war, but this baby escaped a similar fate -- for now. What happens next to baby Fatima?
That story ahead in the CNN NEWSROOM.
(COMMERCIAL BREAK)
PHILLIPS: Well, Mattel recalls more than 9.5 million Chinese- made toys in the U.S. And to talk about how that's affecting the company's stock, we're going to head over to Susan Lisovicz at the New York Stock Exchange.
(STOCK MARKET REPORT)
LEMON: Jack McClellan says he's sexually attracted to young girls but has never acted on his urges. Another man who's been convicted of pedophilia says he doesn't buy it. Insight on a disturbing story straight ahead in the NEWSROOM.
PHILLIPS: An illegal immigrant with an arrest record now charged in the killing of three New Jersey college students. Why was he out on the street? Let tell you.
(COMMERCIAL BREAK)
PHILLIPS: Hello, everyone. I'm Kyra Phillips live in CNN World Headquarters in Atlanta.
LEMON: I'm Don Lemon. Too close for comfort. California police arrest a man for getting too close to a daycare center.
PHILLIPS: Why are so many in an uproar over Jack McClellan? You're live in the CNN NEWSROOM.
LEMON: We'll get to that story in a moment.
First, bridges are a popular target for insurgents in Iraq and today is no exception. A suicide bomber blew up a fuel tanker on a bridge in the Taji area just north of Baghdad. At least eight people have been killed and 10 more wounded. The bridge partially collapsed.
Meantime, the U.S. military has announced the deaths of four more soldiers. One died in combat in Baghdad. The other three were killed in an explosion in northern Iraq. One of the major battlegrounds of the war is heating up even more. The U.S. military has launched another offensive against Al Qaeda-linked militants in Diyala Province near Baghdad. Operation Lightning Hammer has about 16,000 U.S. and Iraqi troops. They're going after militants who is fled the provincial capital, Baquba, because of previous offenses.
Meantime, in a string of Baghdad raids, coalition troops are taking on fighters linked to the militia of anti-American Cleric Muqtada al Sadr. The U.S. military says at least four insurgents have been killed and 20 arrested.
Orphaned by war, unofficially adopted by U.S. soldiers, a baby found in the deadly debris of war in Iraq. CNN's Arwa Damon has her story.
(BEGIN VIDEOTAPE)
ARWA DAMON, CNN CORRESPONDENT (on camera): In one of Baghdad's many sectarian killing fields, Iraqi police and the U.S. military have managed to save a tiny baby girl. Nine or 10 months old, Fatima Jaburi (ph), was found in a pile of garbage after her seven-year-old reportedly attracted the attention of the Iraqi police and the U.S. military after Fatima's mother and uncle were murdered by unknown gunmen. Her father had been killed earlier in the year.
SPEC. DESMOND CACCIOTTI, U.S. ARMY: She came to the hospital and she was diagnosed with malnutrition. She was very small for her size, only about eight pounds, less, give or take. Nowadays she's about 12 pounds.
DAMON Reporter: In "The New York Times," one soldier is reported to have said he's not quite sure if this is a happy ending for Fatima. She is alive, but where she's going to go next, and her future remain uncertain. Arwa Damon, CNN, Baghdad.
(END VIDEOTAPE)
PHILLIPS: The city of Newark, New Jersey's heart is with the families of free three friends murdered in a schoolyard, but it's Community Eye is now on the streets. Mayor Cory Booker is announcing a surveillance program called Community Eye. It's put about 100 cameras and audio devices that can recognize gunshots in the city's most crime ridden areas. All told, about eight square miles will be monitored.
Meantime, the search for shooting suspect Rodolfo Godinez has expanded beyond New Jersey. Police call him a principal player in the August 4th attack. They're also searching for his teenaged half brother, and another teen suspected in those killings. Three people are already in custody.
System fails: Outrage surrounds a suspect in the brutal killing of three college students. CNN's Jason Carroll reports.
(BEGIN VIDEOTAPE) JASON CARROLL, CNN CORRESPONDENT (voice over): Hundreds line the sidewalks, some hugging, others stood and cried. Three funerals for three college students gunned down, execution style last Saturday night. Not just a day of grief for Dashon Harvey's father. It was also one of anger, anger he still feels.
JAMES HARVEY, DASHON'S FATHER: I'm hurt, no doubt. But I got to speak out on the way I feel.
CARROLL: One of the suspects in his son's death is Jose Carranza. He's pleaded not guilty to the charges. What makes James Harvey so mad is Carranza is an illegal immigrant from Peru, with a rap sheet, out on bail. He was arrested three times since last October facing charges for from assault to raping a six-year-old girl. He was released each time, and twice his bail was reduced.
James Harvey believes Carranza thought laws didn't apply to him.
HARVEY: Why would you do such a thing? Needlessly, senselessly. Because you can? Because you're not -- you don't -- you're not governed by our laws? If you're not governed by our laws, and you don't want to live by our society rules, then you shouldn't be here.
CARROLL: In keeping them honest, we wanted to know why wasn't Carranza deported, or kept behind bars? A source in the Essex County prosecutor's office said they never asked Carranza's bail to be lowered. A spokesman for New Jersey's attorney general, which oversees the prosecutors' office, says, "We are looking into the specific facts of the case."
Newark's mayor says, "Clearly, the legal system did not work."
MAYOR CORY BOOKER, NEWARK, NEW JERSEY: I think everyone is frustrated. This gentleman -- excuse me -- this person should not have been on the streets, point plain. And mistakes, in my opinion, were made.
CARROLL: Former general counsel for the U.S. Immigration and Customs Enforcement, or ICE, says what didn't happen here points to a problem in the system.
VICTOR CERDA, FORMER ICE ATTORNEY: For some reason, there was no consultation coordination with ICE, Homeland Security. And as a result, not only did he commit one crime, heinous crime, but he then proceeded to commit another one.
CARROLL: A Newark councilman is proposing legislation requiring Newark law enforcement to contact federal officials as soon as an illegal immigrant is arrested. Right now, that doesn't typically happen until there's a conviction. Jose Carranza was still awaiting trial.
(On camera): So, what you're basically saying is you're not quite sure who's at fault at this point.
RONALD RICE, NEWARK COUNCILMAN: Absolutely. I think we all bear some responsibility, if not who's at fault. I think the better question is, how do we solve the problem?
CARROLL (voice over): James Harvey isn't sure who is to blame for not keeping Carranza off the streets. He's still trying to cope with life without his son.
HARVEY: When we raised our kids to come up and become someone, a part of society, in a positive light, and to have needlessly something happen to him out the blue.
CARROLL: For now, there simply aren't enough answers. Jason Carroll, CNN, Newark, New Jersey.
(END VIDEOTAPE)
LEMON: Jack McClellan says he's sexually attracted to young girls but has never acted on his urges. Another man who's been convicted of pedophilia says he's not buying it. Insight on a very disturbing story straight ahead from the CNN NEWSROOM.
(COMMERCIAL BREAK)
LEMON: Jack McClellan, a self-proclaimed pedophile now arrested twice in one day. You might remember him from our reports about his website where he blogged about the best places to watch young girls. McClellan was arrested twice yesterday on the UCLA campus, first on suspicion of violating a restraining order by getting too close to children, and then for trespassing. He remained on campus to do this interview.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: Are you attracted to children?
JACK MCCLELLAN, ADMITTED PEDOPHILE: Yeah, sure, girls. I've admitted that many times, but I've never done anything criminal.
UNIDENTIFIED MALE: After what you did today, though, why should you be allowed to walk around freely?
MCCLELLAN: Well, that wasn't my decision. That was the decision at the police department, and they just decided it wasn't that grave of a situation.
(END VIDEOTAPE)
LEMON: Joining us now with some unique insight into the McClellan controversy, convicted sex offender Jake Goldenflame, who is also the author of a book on how to protect your kids from molesters.
OK. We've been through this before. Very similar stories.
JAKE GOLDENFLAME, CONVICTED SEX OFFENDER: Yeah.
LEMON: So -- and you are self-professed pedophile, correct? Let's get that right.
GOLDENFLAME: I think you could say that accurately, yes.
LEMON: OK. Do you think this man should have been arrested, or should he be allowed to blog and videotape young girls, at schools, and places where children are hanging out?
GOLDENFLAME: Well, in the first place, you know, under the First Amendment, anybody can blog as long as you don't advocate violence against the government, or the commission of a crime. Likewise, if you're on a public street or sidewalk and you've got a camera, and you want to take pictures, you certainly have the right to do so.
This man's problem is that he is terrorizing the community by having made some outlandish claims. According to what I've been told and what I've read, he's claiming that it's perfectly permissible for a three-year-old girl to have a consensual -- he calls it -- sexual relationship with an adult. That sounds abhorrent. And he feels that he has the right to be involved with children without regard to whether their parents should be consulted first. And their parent should have the say over who their children should see.
I think that consciousness of his, that attitude, that he's free to go to children without their parents being involved, his attitude that children as young as three can consent to sexual relations, that makes him a danger.
LEMON: Well, Jake, his defense is that he says he's not breaking any laws just by watching and by blogging. And he's not breaking any laws. He hasn't done anything. Can this type of behavior, in your opinion, be controlled?
GOLDENFLAME: Well, it can be controlled if you get the proper treatment.
LEMON: But the chances are that it is controlled, I mean, the chances are slim.
GOLDENFLAME: Well, he sounds a lot to me like the recovering alcoholic who's going into the bar and sniffing the booze to see how close he can get to drinking without taking a drink.
LEMON: Well said. Only you can say that. So, he was arrested twice.
GOLDENFLAME: Yes.
LEMON: What do you think will phase him or stop him from doing this? Is it going to be an arrest? Can we keep him in jail long enough for him to stop doing this, or is this a case of someone maybe making headway in making this sort of behavior, of pedophilia, or possible pedophiles, more acceptable and mainstream?
GOLDENFLAME: I hear this guy is issuing what sounds like cries for help. As I read his statements, it sounds to me like he's saying help, help, everybody. I need help. This is what I think his true message is, because the things he's saying are too aberrant for a person who's just in recovery make trying to make their way back. LEMON: OK, Jake, before we run out of time, here's what I want to get to.
GOLDENFLAME: Sure.
LEMON: You said he's within his constitutional rights to be able to do this stuff.
GOLDENFLAME: Sure.
LEMON: Since you've written a book and you're a self-professed pedophile.
GOLDENFLAME: Yes.
LEMON: What should do be done in order to keep this type of behavior from happening?
GOLDENFLAME: I think that there should be a requirement in the law that at no time does anybody with a sexual attraction to children in any way say or do anything that is going to terrorize the public by alleging such things as the possibility of consensual sexual relations with children. That kind of talk by itself is the kind of inciting talk that I think should draw criminal penalty.
LEMON: Disgusting, you would describe it?
GOLDENFLAME: Yes.
LEMON: Swarmy?
GOLDENFLAME: Yeah. More than anything else, it's terrifying. Imagine as a parent, if you hear somebody is in your community and you've got a three-year-old daughter. And you hear some guy saying that I think it's OK for an adult to have sexual relationships with her if she consents, I would find that terrifying if I was the parent of a three-year-old child.
Of course, that's what you should feel if you're in recovery. You should have those emotions. He doesn't seem to have them.
LEMON: Jake Goldenflame, thank you.
GOLDENFLAME: Thank you, Don.
PHILLIPS: And this just in to CNN -- you may remember this woman. After spending a total of seven months in custody for fatally shooting her preacher husband, Mary Winkler has been released.
The 33-year-old mother of three was free from her mental health facility today. According to her lawyer, she's not going to talk to the news media because she continues to wage a bit of a legal battle to win custody of her three girls right now, and also faces a $2 million civil suit that's been filed by the parents of her slain husband, Matthew Winkler. She is likely, we are told, to return to work at the dry cleaners in McVindale (ph) Tennessee, where she had worked before that trial. She served about five months in a county jail as she awaited that trial. And was undergoing intense therapy at the Tennessee mental health facility, following her conviction for voluntary manslaughter.
You remember when this happened, too, she did not deny shooting her husband. He was a popular preacher at the Fourth Street Church of Christ in Selmer, that's about 80 miles east of Memphis. She spent time there in the mental health facility and was released today. We'll continue to follow what is next for Mary Winkler.
Straight ahead, wrestling with a mystery, Florida authorities are asking what caused the death of former wrestler Brian "Crush" Adams? We'll have that after the break.
(COMMERCIAL BREAK)
PHILLIPS: One of the most successful rock bands is trying to recapture its glory days. David Lee Roth is back with Van Halen. "Showbiz Tonight" A.J. Hammer here to tell us what we can expect from the new Van Halen.
A.J., I have to say, I'm excited. That was one of the concerts where I was right up there in front grabbing at the bandanas. I have to admit, I was a bit of a rocker.
A.J. HAMMER, CNN CORRESPONDENT: See, just looking at you, I knew that, Kyra. I had that in mind.
But you're right, Van Halen is indeed trying to bring back the glory days. Former lead singer David Lee Roth is reuniting with the band and they're heading out on tour which promises to be better than ever.
(BEGIN VIDEO CLIP)
DAVID LEE ROTH, VAN HALEN: Usually when a band comes back like us, it's rockers with walkers, and this is everything but. Meet us in the future, not the pasture.
(END VIDEO CLIP)
HAMMER: David Lee Roth certainly is one of a kind. The guys seem to be getting along great at the press conference, but while Van Halen is certainly known for huge hits, they're of course also known for some pretty bad breakups. So, we'll have to see how long it lasts this time around.
The new Van Halen is three 50-something-year-olds, Roth, Eddie Van Halen, and Eddie's brother, Alex, along with Eddie Van Halen's 16- year-old son, Wolfgang.
At the press conference, the point was made this is not simply a reunion tour. This is a whole new Van Halen. They expect to produce albums and stay together for a while. Of course, the Van Halen David Lee Roth soap opera has been going on for years. Roth left the band back in 1985. There was a brief reunion for a greatest hits album back in 1996, but neither Van Halen nor Roth have really ever been as successful apart as they have been together.
So, Kyra, this is perfect for you because you love your '80s rock, you got to be pretty excited. They'll be cranking out hits like "Jump," "Panama," "Running with the Devil." You know them all.
PHILLIPS: Yes, I do.
HAMMER: You sang them from the front row.
PHILLIPS: And I still have the cassette tapes. And by the way, it took me a second there to recognize -- just to see who was who with the short hair! Remember they used to have hair down to their shoulders. David Lee Roth looking pretty good, Eddie Van Halen good with the short hair. What do you think? Let's do a style check here.
HAMMER: Yeah, I think it's nice to see they don't look like they are pushing around walkers as David Lee Roth said. So you know --
PHILLIPS: Yeah, Don's wondering if they had a little botox. You know what, I don't care. They are looking good.
HAMMER: If they did, I'm not going to comment on it.
PHILLIPS: Exactly. I'll be excited to go to a concert.
All right, Don Imus trying to make a comeback. What's the news with him?
HAMMER: Yes, he's trying to get back on the air. We learned the fired radio DJ has finally reached an agreement with his old bosses at CBS Radio, and that should settle some contract issues that were floating around.
Imus was fired, as we all know, four months ago after making those racist remarks about the Rutgers women's basketball team on the air. Now, at the time he had just signed a five-year $40 million contract with CBS. So, he threatened to sue the network for more than 100 million bucks, for unpaid salary and other damages.
The terms of the settlement, big surprise, have not been revealed but the AP is reporting there is a non-disparagement agreement, and that should prevent both sides from making negative remarks about the other.
Some stories are circulating that Imus is looking to get back on the air as soon as possible and possibly negotiating a deal with WABC Radio in New York, where I am. We'll see if that, indeed, comes to pass.
PHILLIPS: New York lost a legendary figure last night. Brooke Astor passed away. HAMMER: This is a sad story. She was a legendary philanthropist and the first lady of New York society. The best part about this woman: Her life's motto, it was, "Money is like manure. It should be spread around." And she did just that with money, that is. Giving away almost $200 million to charities, museum, and centers for the arts, including Carnegie Hall and The Apollo Theater in Harlem.
Now, it's not sad in that she was 105 years old when she died Monday from pneumonia. At 105, nothing to complain about. But her death is expected to spark a battle between the heirs of her estate. As Astor's health deteriorated her son and grandson battled over her care, and there were charges her son had been looting her estate while letting her live in squalor.
So, I'm hoping, at least, they can exude some of the class with which Astor lived her life.
Coming up tonight -- amen to that. Coming up tonight on "Showbiz Tonight," a special report, Britney in crises. Why Britney Spears' child custody battle with Kevin Federline is not the only trouble she's facing.
Plus, you won't want to miss the startling comparisons between Britney and Anna Nicole Smith. All tonight on TV's most provocative entertainment news show, "Showbiz Tonight" found at 11:00 p.m. Eastern and Pacific on "Headline Prime." We look forward to being with us then -- Kyra.
PHILLIPS: Let me know if you get tickets to Van Halen.
HAMMER: Everyone is always hitting me up for tickets.
PHILLIPS: Come on, A.J., let's go to that one. The only time I've ever asked you.
HAMMER: All right.
PHILLIPS: OK, see you later.
LEMON: Another major toy recall announced today, the second in two weeks involving millions of toys made in China. Are some of them in your house? Well, we'll tell you what they are straight ahead in the CNN NEWSROOM.
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