Return to Transcripts main page

CNN Newsroom

Five Arson Arrests in California Fires; Searching for Clues; Suspected Staph Death

Aired October 26, 2007 - 09:00   ET

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

TONY HARRIS, CNN ANCHOR: Good morning, everyone. You are in the CNN NEWSROOM.
I'm Tony Harris.

HEIDI COLLINS, CNN ANCHOR: Hi there everybody.

I'm Heidi Collins.

Watch events come in to the NEWSROOM live on this Friday morning.

It's October 26th and here's what's on the rundown.

Searching for a suspect amid the ashes. Arson investigations under way in some southern California wildfires. One reward reaches $225,000.

HARRIS: Superbug death. A seventh grader's death linked to a possible staph infection. What you should know about the drug- resistant bacteria.

COLLINS: And space station home improvement. Astronauts operate in harmony, in the NEWSROOM.

HARRIS: At the top this hour in southern California, conquering the beast. Most of the state's 23 wildfires now contained. Evacuees are streaming back home. Crews made a lot of progress yesterday as those hot, dry Santa Ana winds faded and temperatures cooled.

The toll, however, boy, staggering -- 765 square miles burned, more than 1,600 homes lost, and six more bodies have been found. Now investigators turn their attention to the cause of the fire. So far, five people have been arrested. Fire officials say arson is to blame for the Santiago Fire, which burned some 26,000 acres.

COLLINS: It's just unbelievable.

Let's begin with that investigation, though, first off this morning.

CNN's Keith Oppenheim is on the scene in Orange County, California, now.

Keith, tell us the latest from what you know.

KEITH OPPENHEIM, CNN CORRESPONDENT: Hi, Heidi. And local authorities are working with the ATF and the FBI. And what they're telling us, Heidi, is that they have found two remote locations where they are quite sure that this fire was set on Sunday night.

They are collecting evidence at these two locations, but they don't have any suspects yet. They're just working the crime scene and they're trying to get people to call in with any tips.

Now, you talked about the size of this fire. There are more than 1,000 firefighters still on the line trying to protect 3,000 homes, and already 14 homes have gone down in the Santiago Fire.

Earlier, I talked to Carl Vasilko of ATF, and I asked him, why would someone think about committing this kind of a crime?

(BEGIN VIDEO CLIP)

CARL VASILKO, ATF NATIONAL RESPONSE TEAM: Irregardless of what their motive was, it's just a despicable act to set a fire. You don't know where that fire is going to go. And under the conditions you all had here, the way those fires were going to travel, to set this intentionally, at the very least, if nobody was hurt, you know, to pull those fire suppression resources away from other efforts to fight another fire, you know, that alone is despicable.

(END VIDEO CLIP)

OPPENHEIM: There's a big reward, Heidi, for information that would lead to an arrest in this case. It's $225,000, a lot more than it was yesterday, in part because a California radio station added to the pot with another $100,000. And the thinking here is that if you put a lot of reward money out there, that there is someone out there, someone who knows something, according to authorities, and they're trying to reach people like that and see if they will come forward and get that money and give information that will -- that will break this case.

Back to you.

COLLINS: Yes. Keith, and it might be too early to ask you this, but I do wonder, now that we've had -- we've seen the human toll in all of this -- I'm talking about fatalities and injuries, of course -- forget about all of the homes that we have seen go up in flames, you could be talking about some type of murder charges here alongside the arson charges, correct?

OPPENHEIM: That's certainly a possibility. In this specific fire yet, there are no fatalities that we know of at this time. But, you know, this is changing situation. This fire is still very active. If someone were to die as a result of this fire, that is certainly a possibility, that the charges could be upped from arson.

COLLINS: All right. Very good.

CNN's Keith Oppenheim has been working this story all along for us.

Thanks so much, Keith.

HARRIS: Searching for arson clues, you know, it's like an episode of "CSI". Battalion Fire Chief Doug Lannon showed CNN's Anderson Cooper what they are looking for.

(BEGIN VIDEOTAPE)

BATTALION CHIEF DOUG LANNON, CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION: We're going to walk over to this fence here. And one of the things that I might use to indicate the direction, as I look at vegetation, we have got vegetation that is burned on both sides.

So, I come up and I will just pick a -- pick a spot in the fence, and I will rub my finger on it. And I don't have a whole lot of soot there. There's a little bit. But I will go on the backside, and you have soot.

(CROSSTALK)

LANNON: And, so, that tells me that the fire came from that way, came through the fence here. And we -- and I will -- I will do it at a number of places.

Let's just use a different finger and do it on this side, a little bit, just a little bit of soot. But, on the backside of that, see what I mean? So -- and you also have a similar on the back end of this fence post, and we will have some soot on the backside of that, too.

Sometimes, I will look at areas like this. Now, this bend, they make fence -- fence poles out of aluminum now, so they do bend when kids climb over the fence polls. But, sometimes, if there is enough vegetation down at the base, if it heats up, it can actually cause this to kind of warp and move into the direction that the fire came from.

ANDERSON COOPER, CNN CORRESPONDENT: Oh, really? So -- because, normally, I would think that this would be bending away from the fire, but this actually might bend into the fire?

LANNON: Yes. No, it actually bends in.

And, sometimes, when the fire -- and that's one of the -- the ways we can kind of get back to where the fire is less intense. Sometimes, the grass heads will -- as the fire kind of just moves in, the grass heads will just kind of fall and point in the direction that the fire came from, if it's a less intense fire.

OK, I will use sometimes non-native vegetation. I will use maybe something that is solid that was on the ground. And you will see that this pipe here, we have some major charring, and we have some charring that goes up both sides. So -- and -- and, if we look back to where we figured the fire was coming from, it is kind of right in line. And, actually, you see the char pattern on both sides there?

But there is more char from here to here. And, actually, the pipe has melted there. You look back up here, and it is somewhat protected.

That would also tell me that the fire came from this direction and damaged the pipe.

COOPER: More intense here melting.

LANNON: More intense there where it hit. And then it continued on. And the lee -- the lee side of it there has very little damage.

COOPER: It's fascinating. It is amazing. I mean, it's really like a crime scene. It really tells a story.

LANNON: Yes. Exactly, yes. It's forensics.

COOPER: Right.

LANNON: You know, we -- we go to the, you know, similar schools for those kinds of things. And, you know, indicators and signs and things like that are real helpful for us to do our job.

(END VIDEOTAPE)

HARRIS: OK. Let's -- maybe it's a good time to take a step back and take a closer look at the fires and the devastation left behind.

Fourteen people have died, 61 injured, including 28 firefighters. There are now 23 fires, 14 of them contained. The fires have blackened almost 490,000 acres, or 765 square miles.

Heidi, we said yesterday, what, two and a half times the size of New York City?

COLLINS: New York City, yes.

HARRIS: One thousand six hundred thirty-five homes have been destroyed. There have been five arson arrests, two in San Bernardino County, two in San Diego County, and one in Los Angeles County.

COLLINS: Well, if you are moved by what you see and have seen over the last several days, you may want to take action. In fact, you can help the victims of the California wildfires through our Impact Your World initiative.

Just go to CNN.com/impact to see how you might be able to help.

(WEATHER REPORT)

HARRIS: OK. A health alert for parents and for you students this morning after a death of a seventh grader in Brooklyn. It is believed the boy died of a drug-resistant form of a staph infection. The disease already blamed for the death of a 17-year-old in Virginia.

CNN's Alina Cho is monitoring developments from New York.

Alina, good to see you. I understand this latest case right there in your back yard.

ALINA CHO, CNN CORRESPONDENT: And that's absolutely right, Tony.

You know, this latest victim, we're hearing, was a seventh grader, a 12-year-old from Brooklyn. His identity hasn't been officially released, but CNN has confirmed his name is Omar Rivera (ph). Again, a 12-year-old boy, a seventh grader. It is believed he died after contracting the dangerous and drug-resistant staph infection also known as MRSA, or the superbug.

A classmate talked about how he knew something was wrong.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I was at lunch and he had told me something about something about something that was on his leg. And he had like a whole bunch of stuff on his back. So then I didn't know what to do. So I just sent him to the nurse. And from then I never saw him again.

(END VIDEO CLIP)

CHO: Imagine how scary that must be for the kids there.

You know, the New York school where this happened, Tony, is back open today. That's because health officials don't believe any other children are at risk.

HARRIS: Alina, why are we talking about this so much it seems over the last two or three weeks? I know there was a study out I guess about a week or so ago. We have been talking about drug- resistant bacteria for over 10 years now.

CHO: That's right. You know, this so-called "superbug" has been around for years, Tony. You're absolutely right. But it recently gained national attention after a 17-year-old student, a Virginia student, died earlier this month. There have been several cases popping up across the country, including a 5-year-old girl in Tennessee who, this morning, is still in critical condition.

Now, the staph infection was historically found in places like jails, gyms, hospitals, even nursing homes. It's transmitted mainly through contact with human hands -- Tony.

HARRIS: OK. So let's do some good here. What can we do to avoid getting it? It sounds like -- let's start with washing your hands.

CHO: Yes, that's absolutely right. I mean, listen, cleanliness is the key to prevention in this case.

Take a look at your screen there. The best way to avoid getting this staph infection, wash your hands thoroughly with soap and water, not just water, or use a hand sanitizer if you can't do anything else. If not, this bacteria will spread very fast.

Make sure you cover cuts and scrapes. Avoid contact with other people's bandages as well. That's some good advice. And finally, avoid sharing towels, razors and other personal items.

Now, as for whether -- why this is getting so much attention now, Tony, it's hard to say. I mean, it's hard to say whether there are simply more cases being reported, or whether all this media attention is simply creating more awareness. But certainly this is a problem.

Remember, cleanliness is the key to prevention.

HARRIS: Yes.

CHO: And right now, we should mention that there is a bill making the way through Congress. It has passed the Senate. It would provide federal funding to help schools deal with this problem by creating awareness, perhaps, but that bill, according to Democrats, is in threat of a presidential veto.

HARRIS: OK.

Alina Cho for us in New York City.

Alina, have a great weekend. Thank you.

CHO: You bet. You, too.

HARRIS: Let's take a closer look now at staph infections and the drug-resistant form known as MRSA.

Staph is short for staphylococcus aureus, the bacteria commonly found on the skin and in the noses of healthy people. MRSA is a strain of staph bacteria that does not respond to penicillin or related antibiotics. It can be treated with some other drugs.

The infection can spread through skin-to-skin contact or through sharing an item with an infected person. That could include, as Alina just mentioned a moment ago, items like towels or sports equipment found in gyms and in locker rooms.

COLLINS: A mother takes drastic actions to stop her 13-year-old daughter from having sex, and mom ends up in court.

(COMMERCIAL BREAK)

HARRIS: So it's Friday. Good Friday to you. Time to recognize the newsmakers who have helped shape the week.

I mean, this is easy. Come on. Dominating the headlines, the firefighters, of course, who have gained the upper hand on the California wildfires.

More than two dozen of them have been injured in the grueling conditions, hot, dry Santa Ana winds. More than 7,000 firefighters were fanned out across the region. It is impossible to guess how many homes they -- and lives, actually -- they saved over the past six days. Making their mark, the firefighters in southern California.

COLLINS: That being said, there are homecomings and a lot of heartbreak. Thousands of evacuees are heading home now. Many will find the challenge is only now beginning in southern California.

CNN Senior Correspondent Allan Chernoff is in Escondido this morning with the very latest from there.

Allan, I imagine you've been able to talk to a few people. How does everybody seem to be feeling?

ALLAN CHERNOFF, CNN SR. CORRESPONDENT: Oh, my goodness, the emotions just vary so much. Just imagine the absolute nightmare of being woken up in the middle of the night by fire. Your home on fire, and you literally are running for your life. Forget about your valuables.

This happened to hundreds of families here in southern California. We met one family, late yesterday afternoon that was woken up in the middle of the night, they ran for it, forget about their valuables. Yesterday, they came back and found their home absolutely destroyed. The only thing left was a fireproof safe.

It was burned. In fact, the lock was burned off.

We called the San Diego Fire Department, and they came over with their chainsaws, with their crowbars, and they were at it for more than 20 minutes trying to open this safe.

Jim Noyes, the father of the family, boy, he was watching so carefully. Very, very concerned, because inside of that safe were not only the family's key documents, but his most valued possession, a letter that his mother had written to his father on their wedding day. And finally, the firefighters were able to get that safe open. And boy, was Jim ever grateful.

(BEGIN VIDEO CLIP)

JIM NOYES, LOST HIS HOME: Thank you. Yes, that's what I wanted right there.

That was from my mom in 1958. She gave that to my dad on their wedding day. And it said, "Take this and coin and hold on to it and it will never be broken."

I never thought I would see that again. That's the most important thing to me, is that envelope right there.

(END VIDEO CLIP)

CHERNOFF: And that letter, part of that letter, stated, "I'll always love you, my husband. Hold the silver dollar, always keep it, and will never be completely broke." That was written in August of 1958.

His mother recently passed away. So you can certainly understand why that was just so valuable to him. And he was so, so grateful to the fire department.

COLLINS: Well, Allan, you've got me all choked up here.

HARRIS: Yes.

COLLINS: That's a great, great story. And so many other stories like that out there.

This is just one of them. And what a terrific ending. And some of the things the firefighters should really pat themselves on the back for as well.

Allan Chernoff, thanks so much for the story.

HARRIS: Yes.

Well, this next one will bring you back to reality quickly here. A Florida mom acquitted, found not guilty of aggravated child abuse after having her 13-year-old daughter's genitalia pierced.

The woman said she did it as a last resort to curb the teen's sexual activity. She also had the girl's head shaved, supposedly to make her unattractive.

Prosecutors suggested revenge was involved. They say one of the teen's sex partners was the mom's boyfriend. There is a warrant out for him. And the person who did the piercing gets jail time.

COLLINS: And an update now on this taser incident that I'm sure you remember.

(BEGIN VIDEO CLIP)

ANDREW MEYER, STUDENT: Help! Help! I didn't do anything!

Don't tase me, bro! Don't tase me!

(END VIDEO CLIP)

COLLINS: Many people questioned this use of force by University of Florida police, but state investigators now say the police were justified in tasering this student, Andrew Meyer. Oftentimes we don't know all of the circumstances involved until a little bit later.

In fact, he had refused to stop questioning Senator John Kerry during an appearance last year. The report says police were trying to escort Meyer from the auditorium, but he refused to follow orders. The state attorney's office plans to decide next week whether to file formal charges against Meyer.

HARRIS: "Don't tase me, bro."

As Allan just showed us a moment ago, a lot of fire survivors are leaving with nothing but memories.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My bed was like right here. Pretty much that now. My guitar was right next to my bed. I think that is my guitar. My computer, my desk was right there.

(END VIDEO CLIP)

HARRIS: And we're right there as one family makes a long trip home.

(COMMERCIAL BREAK)

HARRIS: Welcome back, everyone, to the CNN NEWSROOM.

Two astronauts more than three hours into a spacewalk now, 250 miles above Earth. You know, they removed a broken antenna from the International Space Station. Now they're working to attach the new Harmony module.

What is the Harmony module: Well, thank you for the question. It's a live-in compartment the size of a school bus. A robotic arm will transfer Harmony from the shuttle to the station.

Look for the spacewalk to wrap up around 12:30 Eastern Time. And we'll keep you posted.

COLLINS: Going home, but to what? That's the question for many California families this morning.

CNN's Thelma Gutierrez reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Oh my gosh.

THELMA GUTIERREZ, CNN CORRESPONDENT (voice over): For the Perry family, it was a long ride home.

UNIDENTIFIED FEMALE: There was a beautiful home right there on the left.

GUTIERREZ: Past charred oak trees and burnt houses.

They walked up a long driveway...

UNIDENTIFIED FEMALE: Oh, gosh.

GUTIERREZ: ... and saw their home. An unspeakable loss. The home that Hobby Perry built with his own hands, reduced to ashes.

JULIE PERRY, EVACUEE: And I got married here on the property. And our kids were born in San Diego and they've been raised in this house.

GUTIERREZ: It was the only home 14-year-old Kelsey Perry (ph) has ever known.

KELSEY PERRY, EVACUEE: I got it from my grandma. It was a porcelain elephant.

GUTIERREZ: Kelsey showed me her bedroom.

K. PERRY: My bed was like right here. Pretty much that now.

GUTIERREZ (on camera): Right.

K. PERRY: My guitar was right next to my bed. I think that thing is my guitar.

My computer, my desk was right there. My closet was right there. And then my mom and dad's bed was all the way on the other side.

GUTIERREZ (voice over): The Perrys built their home in Ramona in 1988. Julie says every square inch was her husband's labor of love.

J. PERRY: He was in high school. He designed it out of cardboard, each room, how -- and he built it exactly the way it was on there. And him and his dad and friends, they all built it with their hands.

GUTIERREZ: Julie and Hobby hope to grow old here. All their dreams dashed on Sunday night when the Ramona Fire roared through their neighborhood, sending the Perrys fleeing for their lives with just a photo album and the clothes on their backs.

HOBBY PERRY, EVACUEE: One of my best memories is probably these guys over there. And they're still alive. So that's what counts. I stuck around for a little bit to try to think I could fight this, but there's no way.

GUTIERREZ: Amidst all this devastation, a small orange tree survived.

J. PERRY: My dad passed away. And he loved oranges, and we planted that for him.

GUTIERREZ: Kelsey says she and her brother Ryan may have lost everything they have, but the fire can't destroy a lifetime of memories.

Thelma Gutierrez, CNN, Ramona, California.

(END VIDEOTAPE)

HARRIS: A violin instrumental in saving a little boy. Meet the kid who may have cheated death thanks to his music.

We're back in 60 seconds.

(COMMERCIAL BREAK)

HARRIS: Lead-up applause. Lead-up applause. Lead-up to the moment. You know what the moment is, when we get the sounding of the opening bell to get the trading day started on a Friday -- getaway day.

(BELL RINGING)

COLLINS: Now we can start the day.

HARRIS: And I think our producer actually gets some kind of award, some extra coins in the pay envelope, something like that for...

COLLINS: No, I think it's a little dinky smiley face. But I can't tell you how hard he worked for it. It is really, really means something to him.

HARRIS: So, we're off to the races. OK. So, let's get it going here. The DOW starts the day at 13,671 after wrapping up, pretty much, a flat trading day yesterday. The story we're watching today is just a price for a barrel of oil. It cost $92 a barrel in Asia overnight, so we'll watch and engage what kind of impact it has on the U.S. markets. Susan Lisovicz is with us throughout the morning right here in the CNN NEWSROOM.

COLLINS: California wildfires and the search for a fire starter.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If you want my true, true feelings, I'd like to have 15 minutes with the guy - alone.

(END VIDEO CLIP)

COLLINS: Pretty understandable for many people. Anger in Southern California as an arson investigation heats up. An update coming your way 90 seconds from now.

(COMMERCIAL BREAK)

COLLINS: Live in the CNN NEWSROOM with Tony Harris and Heidi Collins.

HARRIS: Welcome back, everyone, to the CNN NEWSROOM. Good morning, I'm Tony Harris.

COLLINS: Hi, everybody, I'm Heidi Collins.

We want to go ahead and get you up to date now on the Southern California wildfires. Lighter winds, lower humidity continuing to help firefighters today. Sounds pretty good, doesn't it? But there are now 23 fires, most of them fully contained. The fires have burned almost 500,000 acres. That's about two-thirds of the size of Rhode Island. About a million people had to leave their homes this week alone. Many of them are now returning. The bad side of the story, 14 deaths are being blamed on the wildfires. More than 60 people injured. And perhaps, the worst of it all, five people have been arrested in arson investigations. HARRIS: Arson is suspected in some of those fires. A $250,000 reward is being offered for leads. CNN's John Zarrella has the latest on the arson investigation.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT: The fire started here Sunday where the Santiago and Silverado Canyons meet. The burned-out land is now marked by crime scene tape. Federal, alcohol, tobacco, and fire arms agent say, this is one of two places where the Santiago Canyon fire was set and there's no question investigators say, it was arson. Orange County fire officials who got to the scene on Sunday first say that within minutes, it had spread miles.

CHIP PRATHER, ORANGE COUNTY FIRE AUTHORITY: The person or persons who did this either are exceptionally lucky or they have some knowledge about where you might want to do the most damage when you set a fire.

ZARRELLA: The investigation is just in its initial stage. No arrests have been made, no search warrants issued. And investigators won't say what evidence they've collected. Many residents who live here spend their time at the bottom of the canyon road waiting. They want only two things. To be allowed home and to get their hands on whoever did this.

MIKE THOMPSON, RESIDENT: I can't believe that anybody would actually do something like that to people they don't even know. If you want my true, true feelings, I'd like to have 15 minutes with the guy -- alone.

ZARRELLA: Others, like John Cunningham, are so angry, they don't even want to talk about it.

QUESTION: How do you feel, knowing now that somebody did this on purpose?

JOHN CUNNINGHAM, RESIDENT: I'm not even prepared to go there right now. So, bigger concerns right now. The family is safe. I believe the house is OK. And I believe that the professionals are on it.

ZARRELLA: The Santiago Canyon fire has burned at least 25,000 acres, forced thousands from their homes and as difficult as it may be to comprehend, this ay not be the only one of the California fires caused by arson. So far, charges have been filed against at least five people suspected of arson. Wednesday, one man was arrested in Los Angeles County after police say witnesses said they saw him lighting a fire on a hillside in the west hills.

That same day, another man was arrested in San Bernardino County, after police say he was spotted squatting on the side of the road setting a fire. A third man was arrested on charges of setting a fire, although police aren't saying where and when it allegedly happened. Also, San Diego County officials say that a juvenile and another man were arrested after they were seen starting a fire that was quickly extinguished before it did damage to nearby buildings. John Zarrella, CNN, Orange County, California.

(END VIDEOTAPE)

COLLINS: Quickly, some Breaking News. We want to get straight to you right now Regarding Genarlow Wilson. You may remember that name. Apparently, let me give you the headline here. Georgia Supreme Court has upheld a ruling that he has 10-year prison sentence for having consensual oral sex with a fellow teenager is cruel and unusual. He is apparently going to be released now. That's what at all means. Quite a bit of detail to give you here.

You may remember this was a 2005 conviction of aggravated child molestation. Again, he was -- said that he had been engaging in consensual oral sex with a 15-year-old girl when he was 17. We had followed this story very carefully here. You see pictures of him on your screen now. But apparently that 10-year prison sentence has been ruled as constituting cruel and unusual punishment and he will be released. We are hoping a little bit later to be hearing from his attorney, B.J. Bernstein, in all of this. She has sat down with us many times before and given us more details on the case. So perfect news now.

Also, Rusty Dornin, our correspondent, has followed this story. She will join us as well to tell us what this means. I'm sure his family is very happy at this moment.

HARRIS: And until we round up our troops. Let's get the latest on the weather. Jacqui Jeras is in the severe weather center talking about kind of a dramatic change in wind directions that really has provided the opportunity for firefighters to get the upper hand on the Southern California wildfires. Good morning, Jacqui.

(WEATHER REPORT)

COLLINS: A search for answer now this morning and a warning for parents, too. This after another suspected Staph infection death. It's believed 12-year-old Omar Rivera died of a drug resistant form of the bacteria. Health Officials are at the Seventh Grader's School today. They say, there is no reason to believe other children or school employees are at risk. The disease is blamed for the death of a 17-year-old Virginia high school student. We told you the story here. He died earlier this month. CDC has found more than 90,000 Americans get potentially deadly Staph infections every year.

Quickly, we want to take a closer look at Staph infections and the drug resistant form known as MRSA. Staph is short for staphylococcus aureus. It's a bacteria commonly found on the skin and in the noses of healthy people. MRSA is a strain that Staph bacteria that just doesn't respond to penicillin or related antibiotics but can be treated though with some other drugs. The infection can spread through the skin-to-skin contact or through sharing an item with an infection person. In fact, it could include items like towels or sports equipment that are found in gyms and locker rooms.

HARRIS: Time to check your kid's toy box again. There is another recall we'll tell you about. Mattel is pulling 38,000 Go Diego Go toy boats. The reason excessive levels of lead and the paint those boats sold nationwide. Also, being recalled, jewelry, sold as very cute expressions and sassy and chic and children's toy gardening tools. Sold at Joan's stores. The toys, the jewelry, all with the made in china label.

Breaking news we're following right now in the CNN NEWSROOM. The Georgia Supreme Court has upheld a ruling that Genarlow Wilson, that his 10-year prison sentence for having consensual oral sex with a fellow teenager, that sentence, that conviction, that punishment is cruel and unusual. The Georgia Supreme Court has ordered him released from prison.

You may recall that Genarlow Wilson was prosecuted and convicted under a law in Georgia that has since been changed under the law at the time. The crime was punishable by a minimum mandatory sentence of ten years in prison with no chance of parole. That law changed in July of 2006 and in the 48-page opinion, it was a split decision, by the way, 4-3. Chief Justice Lea Ward Sears wrote for the majority saying that the law, the change in the law represents a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants.

So, once again, the Georgia Supreme Court in a ruling 4-3, a split decision, has decided that Genarlow Wilson should be freed from prison. CNN's Rusty Dornin, who has been covering this story extensively, will be joining us in just a moment. We're back in the NEWSROOM after a break.

(COMMERCIAL BREAK)

HARRIS: At the breaking news this hour, that the Georgia Supreme Court has upheld a ruling that Genarlow Wilson, that his ten-year prison sentence for having consensual oral sex with a fellow teenager is cruel and unusual. And Rusty Dornin, the Georgia Supreme Court in a split decision 4-3 has ordered this young man be freed.

RUSTY DORNIN, CNN CORRESPONDENT: We were expecting them to come out with a decision sometime this month but I just spoke to his attorney, B.J. Bernstein the night and she is throwing up her shoulder saying, you know, this could take a couple of months. This may not come out until December.

HARRIS: Because it doesn't normally happen as quickly. Certainly is the attorney and Genarlow and his family would like. This is usually a time-consuming process here.

DORNIN: Right. And it's been such a case with so many twists and turns. I mean, you know, he was put into jail. His case was put into the spotlight.

HARRIS: Yes.

DORNIN: Then the Georgia legislature changes the law.

HARRIS: After he was convicted. DORNIN: After he was convicted of this felony and made a sex offender at the age of 17 for receiving oral sex at a party. Consensual oral sex at a party.

HARRIS: And it was taped and it was scandalous. It was a party. It was taped. It was clearly consensual. I guess the young girl said it was consensual. I know the mom at some point.

DORNIN: Stepped in.

HARRIS: Stepped in and tried to say, hey, hold on a second, this wasn't what you think.

DORNIN: But then in July of 2006, more than a year ago, the Georgia legislature changed it so he would not have been a sex offender. It would only been a misdemeanor. And they -- so his attorney took it back to court, B.J. Bernstein and that judge ruled it was cruel and unusual and ruled that he would be free then of course they stepped in.

HARRIS: Well, you talk about the law change and the prosecutor at the time. Said there is no retroactive feature to this law so the conviction stands and he must serve this minimum mandatory sentence.

DORNIN: And of course, that started a lot of controversy, a lot of the civil rights groups...

HARRIS: Yes.

DORNIN: Especially in Atlanta came forth and protested and that sort of thing. So, it's really been up in the air.

HARRIS: Yes.

DORNIN: Over the last couple of months. Of course, the feeling has been that certainly justice would be served and this young man would be released but we -- no was sure and it was a 4-3 split.

HARRIS: Right and we remember the decision coming down over few months ago now when the Monroe County judge ruled that essentially the same thing this is cruel and unusual and punishment and this young man should be freed. And remind me and all of us of what happened then? Was it the prosecutor who decided to appeal this? That decision to the Georgia Supreme Court?

DORNIN: Yes. That's right.

HARRIS: OK.

DORNIN: And I'm just saying that it was not -- under the law, he should stay in jail. Excuse me. The retroactive law did not apply to him.

HARRIS: OK.

DORNIN: Also, applied for bond and they actually ruled on that as well. And apparently, he was properly denied bond. I mean, they did rule that he should have been released from jail while this process was going on. While his case was being appealed, he should not have been released from jail.

HARRIS: And we can certainly imagine, it was a couple of months ago when the decision came down from the Monroe County, Georgia judge in favor of Genarlow Wilson. And we're digging up the tape, as a matter of fact, of that because there were cameras in the B.J.'s office of the time, when the fax came over and the news and the celebration and then as you mention, there was the appeal by the prosecutor. Interesting here, and do you want to read a piece of this or should I read a piece of this from the Chief Justice Leah Ward Sears?

DORNIN: Well, society is a significant interest in protecting children from premature sexual activity. We must acknowledge that Wilson's crime does not rise to the level of capability of adults who prey on children and for the law to punish Wilson as it would in adult with the extraordinarily harsh punishment of ten years in prison without the possibility of probation or parole appears grossly disproportionate to his crime.

HARRIS: And this bid, and then I know, Rick Sanchez is on the line and, Heidi, will be talking to Rick in just a moment. The Chief Justice also saying that the change in the law that we just talked about a moment ago, represents a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants. So, I can't wait to hear from B.J. Bernstein. I know you've got calls out to her and the minute you get her on the phone. Would you please give us a heads-up and then will get you back up here and on the air as quickly as we can.

DORNIN: Great.

HARRIS: Good to see you, Rusty. Thanks.

COLLINS: And we want to get a little bit more information in this story. Now, you may remember our Rick Sanchez is on the phone. He was actually in the room when this seemed to have happened. The first time around, alongside B.J. Bernstein who is the Chief Counsel and Attorney for Genarlow Wilson. So, Rick, I'm not sure if you can hear me but it feels a little bit like we've been here before.

RICK SANCHEZ, CNN CORRESPONDENT: What I find amazing in this ruling by this Supreme Court is much of what we have been presenting, when we have been following this story for the last couple of months. When I first went to prison to visit Genarlow in his cell and talk about what his predicament was. And that is, And I think what Tony just mentioned a moment ago, Heidi, and that is what the court is saying, it seems to me, is that if the people of the state of Georgia decided that this law is so outdated, so ridiculous, that they should get rid of it, then why in the world should this young man continue to be punished for that ridiculous outdated law?

That is what the Supreme Court seems to be saying in this case. And it's only common sense. If you decide, that two teenagers having sex is something that should not be held, an assault which seems to be with the law was originally saying, then this young man should not stay in jail for that reason. And I think that goes to the heart of the matter here. And I think that is what the Supreme Court seems to be saying. I think it's a fascinating ruling.

COLLINS: Yes. Did you have a chance to speak with B.J. Bernstein? What is she telling you abut all of this? Are those her sentiments?

SANCHEZ: I haven't. I mean, I've had so many conversations in the past with B.J. about this. And I know what her concerns are. And you know, there is something that our viewers need to keep in mind as we follow this case. And that is that, Genarlow could have walked out of that prison a long time ago. Because the prosecutors have offered him all kinds of deals where they essentially said, look, just do a year in prison. You know what? We'll get you out if you decide that you're going to do -- and apparently there were others in this case who took those deals.

But on principle -- and this is what is so fascinating about this, Genarlow told me, when I asked him, I said, look, man, why don't you do a deal with these guys? Just, you know, cop to something? He says, I'm not a sexual offender and I don't want to spend my life as a sexual offender. I don't want to have to talk to my grandchildren one day, as somebody that they know was a sexual offender. I don't want to be denied jobs because a sexual offender. I was 17 and I had a sexual act, albeit perhaps using bad judgment, using not good discretion, but I had a sexual act with a 15-year-old and I'm not going to carry that label for the rest of my life.

And that is the reason that he decided to stay in prison and fight this thing no matter how painful it was going to be for him, until it got to the Supreme Court and I guess he has finally gotten his day and they've made that ruling. But you know that is an interesting part of this, because there is a lot of principle in that young man. And I know it's been a tough call for him but that is the decision he made, that is the one he explained to me and that's the one that B.J. held all the time.

COLLINS: Yes, I just wonder that when he might actually walk out of prison.

SANCHEZ: Well, last time I talked to B.J. about this, when we were in a similar -- remember, when I was in her office the day the original decision came down from the appeals court? We thought that he would be able to get out within a 24 to 48-hour period. I mean, originally, B.J. said, I think we might be able to get him out sometime this afternoon and then that looked more like the next day.

COLLINS: Yes, I'm not sure if you can' hear all of that in the background, Rick, but this is when, as I mentioned when it first tossed out to you, feels like we've been here once before because we had that ruling before the appeal came back that, yes, he would be let out. Everybody is very, very happy. His mother is there and B.J. in the background. Thrilled. There you are. This was June 11th, though. This was a long time ago. He has been in prison this whole time and now we get this really again. That's why I ask the question, when on earth he might actually be able to walk out.

We're just getting some word here that apparently B.J. is on the phone right now with the people at the prison trying to, quote, you know, work out the deal, the logistics, the details behind all of that. So, I imagine we'll find out a little bit more, a little bit later on. We're coming up against a break here, Rick. Thanks so much. We'll talk again.

HARRIS: And we'll do that. We'll take a break. Maybe get back to Rick in just a couple of moments. More on our breaking story in just a moment. You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

HARRIS: And once again, let's give you a quick update on the breaking news this hour, right here in the CNN NEWSROOM. The Georgia Supreme Court has upheld a ruling from a judge in Monroe County, Georgia, that ruling coming down in June, that Genarlow Wilson's ten- year prison sentence for having consensual oral sex with a fellow teenager is cruel and unusual punishment. And the Georgia Supreme Court has ordered him released from prison. Genarlow Wilson is 21 years old now. When will he be released? That is still an open question. We're back after a break.

(COMMERCIAL BREAK)

HARRIS: And top of the hour. Welcome back, everyone, to the CNN NEWSROOM. I'm Tony Harris.

COLLINS: Hi, everybody, I'm Heidi Collins. Following breaking news right now and the story that we have been following here for quite some time.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.voxant.com