Return to Transcripts main page
CNN Newsroom
Arson Investigated in California Wildfires; Court Orders Release of Genarlow Wilson; Fire Survivor Describes Blaze; Evacuees Return to Burned Out Neighborhoods; NYC Student Dies of Drug-Resistant Infection
Aired October 26, 2007 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: And they're heroes. It's amazing what they've done.
(END VIDEO CLIP)
DON LEMON, CNN ANCHOR: The long trip home. Californians going back to what's left, while some fires still rage on.
FREDRICKA WHITFIELD, CNN ANCHOR: And the super bug. A seventh- grader in Brooklyn dies from staph. Is the bug spreading faster than once believed?
LEMON: And he's become a symbol for the fight for justice. Genarlow Wilson in prison for years for underaged oral sex. Now word he may be released this afternoon. We're following developments right here in the CNN NEWSROOM.
Hello, everyone. I'm Don Lemon live at the CNN world headquarters in Atlanta.
WHITFIELD: And I'm Fredricka Whitfield, in for Kyra Phillips, on assignment. You're in the NEWSROOM
LEMON: The wildfire situation in Southern California is still serious but improving. Here's what we know right now.
More than half of the 23 fires in the region are fully contained. Lighter winds and cloud cover are making the battle easier. Seven deaths are a direct result of the fires.
Arson investigations are under way in at least three counties. In Orange County, the reward in the Santiago fire investigation has ballooned to a quarter of a million dollars.
Across the region, at least five people have been arrested in connection with arson, but right now those arrests are not believed to be linked to any of the major fires.
In San Diego County, a sign of progress: Qualcomm Stadium is shutting down today as a shelter. At the peak of the evacuations, it housed 11,000 people. WHITFIELD: It's one of the most infuriating aspects of the California wildfires. There is evidence now that some of these devastating blazes were actually started deliberately.
CNN's John Zarrella joins us with the latest on the arson investigation -- John.
JOHN ZARRELLA, CNN CORRESPONDENT: Fredricka, here in Orange County the Santiago fire investigation certainly continuing at full throttle here.
And that reward of $250,000, it was hoped, certainly, would help to shake the trees and get some more tips coming in. And authorities have told me today that, in fact, that's the case. They're getting lots of tips pouring in. And hopefully, one of those tips will lead them to something.
But so far they have not made any arrests. No search warrants served. They're really in the beginning phases of this investigation.
The scene out there yesterday, when we visited the site where -- one of the two sites where that Santiago fire was -- was deliberately set, according to authorities, you could see it's just an absolute wasteland out there for miles in all directions: up the sides of the canyon walls, down in the valleys. Just scorched earth everywhere.
Now, the Alcohol, Tobacco and Firearms officials told us earlier this morning here that they are putting every resource possible into resolving and finding whoever did this.
(BEGIN VIDEO CLIP)
CARL VASILKO, ATF NATIONAL RESPONSE TEAM: Methodically, medically processing the arson scene; locating what evidence you can find in the scene; tips, interviews that you conduct; all those investigative efforts, hopefully, will lead you where you want to go.
(END VIDEO CLIP)
ZARRELLA: And sources told me earlier today that, in fact, Alcohol, Tobacco and Firearms agents, along with other agencies, arson specialists, are back out on the scene today at the origination point of this fire, looking, again, for any more evidence that they might find.
And of course, at this point they're not telling us exactly what they found so far, Fredricka, but they're back at it today, searching for more clues -- Fredricka.
WHITFIELD: All right, John, thanks so much for that update.
LEMON: We'll get back to our fire coverage in just a minute. But first, we have some developing news here in the CNN NEWSROOM.
He was sent to prison for 10 years for having sex with a teenage girl while he, too, was a teenager. But Genarlow Wilson will soon be a free man. The George Supreme Court today ordered that Wilson be set free, calling his 10-year prison sentence cruel and unusual punishment.
Wilson has already spent more than two years in prison.
Joining me now by phone is his attorney, B.J. Bernstein.
B.J., where do we stand now? Where do things stand?
B.J. BERNSTEIN, GENARLOW WILSON'S ATTORNEY: I just received the order from Judge Thomas Wilson. When the Supreme Court ordered his release it required another court order. That order has occurred, and it is being driven to the Department of Corrections right now.
Once we get word from the Department of Corrections, his mother and his little sister and I are going to go down and get him. And I have been driving around since June with new clothes for Genarlow in my car. And I think he's about to get to wear them and walk out with his mom.
LEMON: Yes. This must be exciting for you, as well as the family, because I remember back this summer. I think it was May, B.J. -- correct me if I'm wrong -- when you got an order. And you thought he was going to get out of jail. Very exciting. And then all of a sudden it did not happen.
BERNSTEIN: Exactly. And the difference now is we're now talking the Georgia Supreme Court. That was a lower court judge who has affirmed Judge Wilson -- no relation -- was correct in his order that Genarlow should be released. And now we heard from the Georgia Supreme Court.
So I'll believe it when I 100 percent get him out of the prison and walk and see his mom and his little sister and him. And hopefully, by tonight he will be at home with his family.
LEMON: You answered my next question. So by tonight. We're looking at possibly five to seven hours or so before he gets out?
BERNSTEIN: I hope so. I hope sooner. I literally am sitting here by the phone. Other than talking to you, I've been talking to the attorney general's office. It's been very cooperative...
LEMON: Yes.
BERNSTEIN: ... in trying to get this done and get the child out.
LEMON: Yes. And we know that you need to go and work on that. So we're going to let you go, B.J. Any other updates, further updates in this, please let us know here on CNN.
BERNSTEIN: Absolutely. I look forward to you all seeing him walk out.
LEMON: Thank you, B.J.
BERNSTEIN: Thanks.
WHITFIELD: We're going to get back to the fires in Southern California now, where firefighters are still battling flames in the Lake Arrowhead area of -- east of Los Angeles.
CNN's Ted Rowlands is there.
And Ted, what does it look like?
TED ROWLANDS, CNN CORRESPONDENT: Well, Fredricka, there are still active fires, some of it behind us here, but they have been hammering away all morning and yesterday with air drops, and they're making a huge dent in this.
Great news from the fire lines. One of the fires -- there are two in this region -- is 70 percent contained, the other up now to 15 percent and growing by the hour.
Mother Nature really helping out the last couple days. The skies are clear for the first time, allowing the flights to continue, basically, randomly hitting every few minutes. We've been up here this morning, and they have just been hammering away at the fronts of this fire.
Some of the evacuees are being allowed in today, a real change from this massive firestorm.
Meanwhile, not everybody up here evacuated. Can't imagine it, but some people decided that they were going to go it alone and try to fight this fire themselves. They did it at their own risk.
We met one of those people yesterday, and here is his story.
(BEGIN VIDEOTAPE)
ROWLANDS (voice-over): What kind of person would stay when a fire like this is coming at you?
SCOTT GARETT, REFUSED TO EVACUATE: You could hear it coming. You could see it coming. And the roar, it sounded like a jet.
ROWLANDS: Scott Garett is a self-described survivalist living in the San Bernardino Mountains. He stayed behind with his next-door neighbor as others evacuated and says the fire was like nothing he'd ever experienced or even imagined.
GARETT: And all the embers then started raining down, and it was like roofing and stuffing from furniture and all of this flaming debris was coming down.
ROWLANDS: Garett says he and his neighbor used simple garden hoses, buckets with water and shovels throwing dirt to fight the flames, and they saved several homes. He says they battled for more than 12 hours.
(on camera) You could have been killed. GARETT: No. No.
ROWLANDS (voice-over): Garett says he and his neighbor had an exit plan and could have escaped at the last second, saying they had been planning this for two years.
Dozens of people around him did evacuate and ended up losing their homes. Fire officials say what Garett and his neighbor did was foolish and that they absolutely could have been killed. A downed power line, a wind shift, even an ember can easily kill or injure. After going through it, even Garett acknowledges staying behind was more dangerous than he thought.
(on camera) Would you advise other people to do what you did?
GARETT: Absolutely not. No.
(END VIDEOTAPE)
GARETT: Now, those two weren't the only ones that toughed it out. And according to fire officials, a handful of other people did it, and as far as they know everybody survived. And they're hoping that is the case.
Of course, there have been some bodies found. And the first fatality in all of the fires, up in Malibu, was a man who tried to save his house. So, they emphatically say what these guys did was the wrong decision, and they're lucky today. And even they admit that they were a bit in over their head at times -- Fredricka.
WHITFIELD: All right. That is extraordinary. Ted Rowlands, thank you so much.
Meantime, dense smoke is still a major concern now in Southern California, and it's being pushed in a very different direction. Meteorologist Jacqui Jeras joins us now from the CNN weather center with some new satellite photos to show us.
And so, while folks for a second were thinking the winds were dying down, we're saying they're kicking up or at least changing direction. That makes it much more unpredictable for the fire potential still?
JACQUI JERAS, CNN METEOROLOGIST: Well, the winds have changed direction a little bit; they're more variable. But the good news is that they're very light. So that helps things out.
Now the satellite image you're looking at behind me, this is from Tuesday when we had the strong off-shore wind. They were blowing towards the ocean. You can see very clearly where the fires were, where the smoke plumes were going and how they were going over the ocean.
Now, this is a new picture. SnowstormCenter.com, by the way, gave us that first picture. This one is from NASA. Same thing, though, and really tells a completely different story. This is from yesterday morning. Look how different it is.
This that you're seeing over the ocean here, that's not smoke, my friend. That's what we call the marine layer, a very shallow layer of some very moist air. And so that is clouds and moisture.
Now as you get closer to the shoreline, you see this stuff. That's the smoke and it's still out there, but it's just not dispersed the way it was before. It's kind of stuck. The air is a little bit more stagnant. So you feel that smoke in the air. It's not blowing out into the ocean very much any longer.
Also want to show you what those onshore winds are doing, in addition to bringing in the moisture. Look at the difference in the direction of where some of these smoke plumes are going. There you can see a fire signature right there, and notice the larger plume that goes back towards the mountainous areas. So, the winds have changed direction, helping to bring in that moisture and really improving things.
But we are a little bit concerned, guys, that we could see those winds change direction once again, Sunday night and into Monday, offshore again, which means those hot, drier winds could be returning, as strong as maybe 30-plus miles per hour.
WHITFIELD: Oh, boy. Looks like it's going to be a nasty season all the way around. Jacqui, thanks so much.
LEMON: Residents of Rancho Bernardo have been allowed to return home, or in many cases, what's left of their homes.
CNN's Reggi Aqui joins us now live.
Reggi, we saw -- we witnessed yesterday one family coming back, and I imagine you've been doing that, witnessing that today and yesterday, as well.
REGGI AQUI, CNN CORRESPONDENT: Oh, yes. After I saw it yesterday, it became like a completely different neighborhood, because everyone started to come from the shelters and from their friends' homes back home, including the guy we're going to meet right here, Dave Lyons.
And he's doing something incredible. We had to show you this, because they're already starting to tear down his house and start constructing a new one.
So tell me, this is pretty fast, isn't it? I mean, you just came home yesterday.
DAVE LYONS, HOMEOWNER: Yes. We got here about 2 in the afternoon yesterday, my wife and I. We checked the house out, and my father-in-law came up here about 3, and he's a general contractor, Tony Garsinsky (ph). And he said, "I got a Bobcat and two trash cans for you tomorrow, and we're going to start."
And it's incredible. We're going to have a clear pad today. So you know? We're going to be ready to go.
AQUI: You're telling me that it was sort of difficult for you to hear that, because you didn't have time to even have all this sink in, that your house is gone.
LYONS: Yes. We were -- I was like, "Tony, can we like, you know, grieve a little bit here?" But then on the flip side, there's, like -- there's going to be a lot of people that are going to want to rush and rebuild, so we got -- we got an upper leg. We're doing it right now.
AQUI: Your wife is getting the permits as we speak?
LYONS: She's down -- she got a 10:30 appointment in San Diego to get the plans for our house that were original, and we're going to try to go on the same pad and build a house.
AQUI: We watched earlier as your chimney was being knocked down by the -- by the little Caterpillar thing there. And any feelings when you're watching that?
LYONS: You know, I don't know if it's -- if it's really sunk in. It's just -- we're going to -- you know, I know in the long run we're going to have a beautiful home. This neighborhood is just going to be beautiful from the homes. Not that it wasn't before.
But so, I'm looking forward; we're positive. And that's all we can do. We're alive.
AQUI: Yes, you are.
And actually, Don, they're very lucky to be alive, because he told me they had about 10 minutes to get out of here. The teenager who lives next door was yelling at them, "Everything is on fire. Get out, get out." And they did with only the stuff that they're wearing here and very little else.
LEMON: Yes.
AQUI: Don, I thought that you'd appreciate seeing that.
LEMON: Yes. That was the -- that's the important part. They still have their lives.
OK, Reggi Aqui, we appreciate your reporting. Thank you.
WHITFIELD: Straight ahead, he was sentenced to 10 years in prison for having consensual teen sex. Well, today the Georgia Supreme Court weighs in on the matter. The latest on the Genarlow Wilson case, coming up.
LEMON: And the so-called super bug. Well, it claims another life, this time a 12-year-old boy. What you need to know to protect yourself. That's ahead in the NEWSROOM.
KYRA PHILLIPS, CNN ANCHOR: And I'm Kyra Phillips live on the flight line right at Gillespie Field in San Diego, California. Marine pilots right now studying the aviation map, getting ready to launch in their Chinooks and Sea Stallions to help with those water drops over these wildfires, the Witch and Harris wildfires in the San Diego area.
We're also going to take you inside those water drops, up in a Black Hawk with the California National Guard.
We're also going to talk live to inmates who have been fighting these fires, and a battalion chief that just got off the fire lines after no sleep for two days.
That's all coming up in the next couple hours, right here on the CNN NEWSROOM.
(COMMERCIAL BREAK)
LEMON: Fifteen past the hour, coming up on 16 past. Here are three of the stories we're working on for you in the CNN NEWSROOM.
New Turkish bombing raids over northern Iraq aimed at Kurdish rebels who have been using that area as a sanctuary. There are fears that Kurdish ground troops will cross the border to begin an all-out assault. Iraqi officials are trying to keep that from happening. They're meeting with Turkish officials in Ankara.
Georgia Supreme Court has ordered freedom for Genarlow Wilson, serving a 10-year prison term for having consensual oral sex with a 15-year-old girl. Wilson was only 17 at the time, and the court says the punishment was excessive. Georgia's attorney general does not plan an appeal.
Astronauts have completed today's space walk outside the International Space Station. They helped attach a new chamber that will expand the space station's living and working area by 2,500 cubic feet.
WHITFIELD: A child in the New York City public school system has apparently died of drug-resistant staph infection. Health department officials say the so-called super bug was the likely cause of the death for seventh-grader Omar Rivera right there.
The case is coming to light as schools across the country are looking to ways to head off potential outbreaks.
With more from New York now, CNN's Jim Acosta -- Jim.
JIM ACOSTA, CNN CORRESPONDENT: Good afternoon, Fredricka.
And yes, you may want to think about packing some Purell in Johnny's lunch box before you send him off to school. The super bug has struck again, and this time the victim is a 12-year-old boy who went to this junior high school here in Brooklyn, a 14- -- excuse me -- a 12-year-old boy named Omar Rivera.
He died on October 14, but just yesterday school officials handed out letters to parents, telling them, informing them, of Omar Rivera's death. And, while it's not clear exactly when the school system knew about this and what exactly they did know, Omar's classmates have known for some time that their friend was very sick.
(BEGIN VIDEO CLIP)
ANDREW MCKENZIE, FRIEND OF VICTIM: I was at lunch, and he had told me 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)
ACOSTA: And in the meantime, the principal of this school is trying to keep people here from going into a panic. From what we understand from talking to the teachers' union in New York, some of the teachers at this school did not show up for work this morning.
And in the meantime, the principal is advising parents, teachers, students, anybody going inside the school, to wash their hands thoroughly and practice good hygiene.
That raises the question, well, where was that advice for the last 12 days or so since this student died?
But in the meantime, the health commissioner here in New York City is trying to keep the public from being alarmed, saying that the risk of this infection spreading is small.
(BEGIN VIDEO CLIP)
DR. THOMAS FRIEDEN, NYC HEALTH COMMISSIONER: There's often no way to know how an individual person got the infection, but resistant staph is becoming increasingly common, especially in hospitals, but increasingly in the community.
But an infection like this in a child is extremely rare: fatal infections in children on the order of one in a million. It's a terrible tragedy, and our hearts go out to the family.
(END VIDEO CLIP)
ACOSTA: And the community out here is still devastated by this loss. And as you can see, the electronic bulletin board that stands in front of this school is now bearing the message, "Our hearts go out to our young angel."
So obviously, this is not something that happens at a junior high school every day. And parents are becoming increasingly alarmed by reports of the super bug.
And while health officials caution that, in many cases, what happens is not all that major in terms of what happens to these kids when they get these infections, there are those rare cases when something like this can be fatal. So in the meantime, people at this school are being urged to be very careful, practice good hygiene until they get to the bottom of this -- Fredricka.
WHITFIELD: Yes. It is alarming, and it's frightening. All right. Thanks so much, Jim.
LEMON: They're not just firefighters; they're flyer fighters, dousing the California flames where trucks fear to tread. We're live with the chopper crews. That's ahead right here in the CNN NEWSROOM.
(COMMERCIAL BREAK)
WHITFIELD: Well, this story we continue to follow here. This, in New York, the Mexican consulate is the picture you see right now, where an investigation is underway because of a small explosive device that was not considered to be very sophisticated, according to police officials, but was nonetheless thrown into the main entrance of the consulate at about 4:20 this morning.
It did break a few panes of glass. No injuries. There was some broken glass as a result of the impact from this explosive device. But still trying to piece together, investigators are, who's responsible for this and why.
This taking place in New York. We're going to continue to follow it.
LEMON: Absolutely, Fred.
It's bone dry in the fire zone, and until it rains, the only water hitting much of the burning brush is falling one bucket at a time. The NEWSROOM's Kyra Phillips is live at El Cajon, where the flying firefighters have set up shop.
And Kyra, you went up, as well, didn't you?
PHILLIPS: That's right. We're actually right here on the flight line, and most of the helicopters are already up and running. But I can tell you, it's a combination of assets that are here to help try and fight these fires.
In the back, you actually see the Marine aircraft, and they're getting ready to take off. You have two different types of aircraft.
And the pilots are actually over here. They've been taking a look at the aviation map, getting ready to find out exactly what their orders are.
I just want to talk to Jason real quickly, U.S. Marine Corps Captain Jason Wellahan (ph).
Tell me what you're waiting for. What are you waiting for right now?
UNIDENTIFIED MALE: We're waiting on the National Guard to arrive right now. They're going to provide further guidance for us to come in and go out and fight the fires. They're going to be, basically, our eyes in the sky today.
PHILLIPS: All right. I know you're the Marines. You're working well with the Army boys. OK, that's really good.
And you are actually going to be flying in the Super Stallion. How many gallons of water do you hold?
UNIDENTIFIED MALE: We've got a 2,000-gallon bucket underneath the aircraft today, ma'am.
PHILLIPS: Unbelievable. You're ready to go?
UNIDENTIFIED MALE: Yes, ma'am.
PHILLIPS: Jason, thanks so much.
Thanks you, guys.
And as you heard Jason mention, the Black Hawks are -- those are the guys that are coming in now, that are -- those are the assets being brought in from the California National Guard. And that's who we had a chance to go up with yesterday and actually be a part of a water drop. Here's a look, Don.
(BEGIN VIDEOTAPE)
SCOTT WATSON, CAL FIRE BATTALION CHIEF: Well, start looking for Woodson Mountain, which is the one that will have all the repeaters on. It's one of the priorities on the fire.
PHILLIPS (voice-over): Cal Fire Battalion Chief Scott Watson knows what it takes to fight fires: a battle plan.
WATSON: I'm going to immediately try to roll over and request permission to come on into the Lake Poway area.
PHILLIPS: And it takes soldiers like Lieutenant Colonel Myles Williams and Lieutenant Michael Fish to execute it.
These Black Hawk helicopters have a weapon that every firefighter wants: a bucket, fully loaded.
UNIDENTIFIED MALE: (UNINTELLIGIBLE) those frequencies. Provide (ph) initial contact.
PHILLIPS: We're airborne and over the fire lines with the California National Guard.
(on camera) These Black Hawk buckets hold about 670 gallons of water. And right now they are scooping the water out of Lake Poway. And within two hours they'll make about 20 drops on the Harris and Witch fires right here in San Diego.
(voice-over) And it happens fast. Low-level flying, with unpredictable wind force. Constant communications with ground and air crews. Buckets fill up, and pilots make their drops, all in less than a minute.
LT. MICHAEL FISH, CALIFORNIA NATIONAL GUARD: So with the radios talking as much as they are and how many aircraft are coming into a small, confined area, normally the drop site, you're really doing a mental gymnastics on who's where, what we have to do and what we have to accomplish.
PHILLIPS (on camera): We're about 250 feet above the wildfire. And the smoke is intense. You can even smell the burning brush. But we're also seeing first-hand how these water drops are helping firefighters on the ground fight these flames.
(voice-over) These drops help slow down the fires, sometimes even extinguishing them. Just one more tool in a firefighter's arsenal and one more reason to keep pilots like Lieutenant Colonel Miles Williams coming back.
(on camera) When you actually see that water drop and you know it's making it right on the flames, does your heart start beating?
LT. COL. MYLES WILLIAMS, CALIFORNIA NATIONAL GUARD: It's when the crew say, "Hey, that's a good drop. Then you know, hey, we're doing -- we're doing the right thing. We've got our right headings, and as we're following them in (ph). And let's keep doing it again. Because you're really there for them.
(END VIDEOTAPE)
PHILLIPS: And that is how pilots like Myles Williams gets organized and gets off the ground and works out those missions. He comes here to this trailer right on the flight line and gets briefed every morning with all the other pilots.
And you can see here how they've got the crash rescue operation; their emergency rescue plan; all of the operations for the daily briefing here, Don; the aviation map. This is how they figure out where all the hot spots are, all the priority spots on where they're going to dump that water.
It gets even more detailed right here with the forest service. They've got their map out. Everybody knows the -- you know, the areas by color and where they're going to have to go and where they're going to have to fly.
Now this, of course, is the operation -- operational center for all the aviation assets to help fight those fires. But coming up in the next couple of hours, you're going to hear from the ground forces, not only the firefighters and the battalion chiefs who are just getting off the fire lines. You're going to hear from them.
I also had a chance to talk with inmates, actual convicts who -- they call them convict crews, actually, that have been out there helping those firefighters. I'm going to tell you how they build this trust with firefighters and also what they're doing to try and save structures and, of course, homes and livelihood.
LEMON: And as if you're not doing enough already, Kyra, you're not covering enough stories, I understand you're blogging, as well. Right?
PHILLIPS: I'm attempting to, my producer, Simon Houston (ph) and I. I think last night we attempted that around 1 a.m. Not sure how coherent it was. But yes, we are blogging and writing things for CNN.com.
LEMON: I've done that before, and the editors for CNN.com get back to you and you're like, "Did I write this? Well, it looks good."
All right. Nice work out there, Kyra. We look forward to talk to you in the coming hours here in the NEWSROOM. OK?
PHILLIPS: Sounds good.
WHITFIELD: Well, you've seen it all week: a lot of bittersweet stories coming from Southern California.
Teddy is back where he belongs. I know you want to hear all about that story. Oh, look! Straight ahead in the NEWSROOM, a happy reunion for a San Diego family and the dog that was stolen after their house burned down.
LEMON: Oh. Aww! That's a baby.
WHITFIELD: Sweet.
(COMMERCIAL BREAK)
LEMON: Live pictures from California. This is Lake Arrowhead, as a matter of fact. You can see the smoke billowing there. They are trying to fight those fires but pretty much they say they gained control over them. 14 of the 23 wildfires fully contained here.
Here is the reason why. Moments ago we got pictures of this, the flame retardant substance they put on the fires to put them out. There they go. That's what they have been doing all week. Since the winds got down low enough for fixed wing aircraft to get in there, they started doing that. They are dropping water as well on those flames. There you go, Lake Arrowhead, smoke billowing, 14 of 23 wildfires contained.
Fires burned about 765 square miles, Fredricka, and lighter winds and lower temperatures and the humidity are going to help. And residents are going to be able to go back to their homes or what's left of them as Qualcomm is going to be closed. They will open up smaller shelters. Things appear to be getting back to normal as it can be.
WHITFIELD: It was a great safe haven, with a lot of comfort.
LEMON: Yes. WHITFIELD: Besides food and great amenities, you could even get a massage if you wanted to. Nice. Go California. And yoga. That's right.
We're going to change gears a little bit to business news. Kind of big business news, really. Oil prices are back in record territory, and $100 a barrel may not be that far off.
Susan Lisovicz is at the New York Stock Exchange with a look at that. Over $90, we were aghast at over $60 last fall, I thought.
SUSAN LISOVICZ, CNN CORRESPONDENT: And Fredricka to rub it in, oil was actually trading below $50 a barrel earlier this year, so to give you an idea of the kind of skyrocketing prices we've seen in crude. We're going to feel it. It wasn't that long ago that the thought of $100 a barrel oil was absurd.
That's not the case anymore with crude now trading above $91 a barrel, briefly topped $92 earlier today. One trader I talked to says $93 is considered a resistance level. If it goes above that, well, then you have to reset it higher. Prices have jumped seven percent this week alone, largely because of increasing conflict and drama in the Middle East. Oil prices up nearly 49 percent this year.
Yesterday, I'm sure many of our viewers recall the U.S. tightened sanctions against Iran in hopes of curtailing that country's nuclear program. Iran is the fourth largest oil exporter so tensions continue, supplies could tighten.
Also, Lebanon's military fired on Israeli warplanes. Those two countries don't produce oil but a mid east conflict could draw in some of their oil with neighbors like Iran or Saudi Arabia.
Meanwhile, conflict between Turkish troops and Kurdish rebels in northern Iraq continues. The jump in oil prices not yet affecting gas prices, not yet anyway. The average price for a gallon of gas increased a penny in the past month but the $3 a gallon average will return.
The good news, stocks are rallying, Fredricka. Investors choose to focus on strong earnings to Microsoft. Microsoft shares right now are up 9 percent. The Dow Industrials not quite that much, up 80 points or about a half a percent. The NASDAQ composite is you up 1.5 percent -- Fredricka.
WHITFIELD: You know, a tiny bright light. I was going to say you are really depressing me this Friday. We're talking about we're going to spend more at the pump, likely, and even our heating oil. Then now you're going to depress me further by talking about higher tax bills. But for whom?
LISOVICZ: Well, for a lot of us, Fred. Many mutual fund companies are starting to estimate this year's taxable distributions which they usually pay out in November, which is fast approaching, or December. If you're invested in mutual funds as so many millions of us are, you probably are going to pay more than you did last year in capital gains. Last year's tax bill came to nearly $24 billion.
One example, T. Rowe price funds are expected to have capital gain distributions 40 percent higher than last year. Why? Let's recall this summer's volatility. Fund managers traded more frequently, cashing in gains that they have to pass along to investors. So, buy and hold, well, that really wasn't happening this summer so much and we're -- we'll all be paying a little more as a result.
Coming up next hour, the nation's largest mortgage lender posts its first quarterly loss in 25 years. I'll tell you why the stock is soaring, an interesting reaction on Wall Street.
Fred and Don, back to you.
WHITFIELD: All right. Thanks so much, Susan. See you in a bit.
LEMON: Sentenced to 10 years in prison for teen sex, now the Georgia Supreme Court weighs in on the Genarlow Wilson case. He could get out of prison as soon as today. The latest straight ahead here in the CNN NEWSROOM.
(COMMERCIAL BREAK)
LEMON: He was sent to prison for 10 years for having sex with a teenage girl while he, too, was a teenager. But Genarlow Wilson will soon be a free man. The Georgia Supreme Court ordered that Wilson be set free calling his 10 year prison sentence cruel and unusual punishment. Wilson has already spent more than two years in prison.
His attorney, B.J. Bernstein, tells us that Wilson could be home by this evening.
(BEGIN VIDEO CLIP)
B.J. BERNSTEIN, GENARLOW WILSON'S ATTORNEY: Just received the order from Judge Thomas Wilson. When the Supreme Court ordered his release it required another court order. That order has now occurred and it is being driven to the Department of Corrections right now. Once we get word from the Department of Corrections, his mother his little sister and I are going to go down and get him and I have been driving around since June with new clothes for Genarlow in my car. I think he's about to get to wear them and walk out with his mom.
(END VIDEO CLIP)
LEMON: Genarlow Wilson who was 17 at the time was sentenced under a Georgia law that has since been amended. Back then the law required a mandatory 10-year sentence -- Fred.
WHITFIELD: This is the day Genarlow and his family have been waiting for. They thought his release would happen before now of course.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He's out?
(END VIDEO CLIP)
WHITFIELD: Perhaps you remember this moment. This was back in June when a Georgia judge ruled in Wilson's favor. And his attorney right there in the center, and the mother right there, all celebrating. Well, the state appealed which brings us to today's order, that he be set free. Genarlow Wilson free. It has been a long road for that young man.
Here is background now from CNN's Rick Sanchez.
(BEGIN VIDEOTAPE)
RICK SANCHEZ, CNN CORRESPONDENT: Genarlow Wilson is a convicted felon. He's a prisoner, despite being a good son, a good athlete, high school student with a 3.2 GPA, with no criminal past. He was a track and football star, being recruited by several universities. He was a school's homecoming king. He was the boy who seemed to have it all.
GENARLOW WILSON, CONVICTED SEX OFFENDER: I was somewhat popular, maybe too much in the spotlight for my own good.
SANCHEZ: Imagine going from that to this. Living behind bars for a minimum of 10 years for something he did some may consider immoral, maybe stupid, maybe even criminal, but 10 years in prison? "The New York Times" in an editorial is calling for his release. Web sites are dedicated to freeing him. Even conservative talk show host Neal Boortz has taken on Genarlow's cause.
NEAL BOORTZ, RADIO TALK SHOW HOST: The kid broke a ridiculous law passed by the general assembly that did not can we use the phrase, grade on a curve.
UNIDENTIFIED MALE: You lost your freedom. What's that like to lose your freedom?
WILSON: It's real hard because I started off, it was like I had everything one day and the next day nothing.
SANCHEZ: Where and when did this all begin? Right here, that the Days Inn in suburban Atlanta. December 31, 2003, Genarlow and some friends decided they would come here, rent a room, and ring in the New Year. That night several girls showed up at the hotel room. One of them was 15. She appears to start having consensual oral sex with Genarlow, who is 17. One of the boys videotaped it. And that's how it became evidence at his trial.
UNIDENTIFIED MALE: At no time did you tell that young lady that she had to give you oral sex.
WILSON: No, sir.
SANCHEZ: Eddie Barker who prosecuted Genarlow shows us the tape that he used to prove his case. He says he never used any force, that he didn't force the girl. Is he telling the truth?
EDDIE BARKER, ASSISTANT DISTRICT ATTORNEY: From what we've seen on the videotape and heard from the victim herself, we do not believe there was any physical force used.
(END VIDEOTAPE)
WHITFIELD: So today's Georgia Supreme Court decision to free Genarlow Wilson came on a 4-3 vote. The majority noted that the law used to convict Wilson has since been changed, reducing the sentence to no more than a year in prison.
LEMON: Breathing an airborne toxic soup. CNN medical correspondent, Elizabeth Cohen, checks out some masks.
(BEGIN VIDEO CLIP)
ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: This one I got to tell you feels so flimsy. Is this going to do me any good?
(END VIDEO CLIP)
LEMON: Trying to stay healthy in the smoky haze. We're looking for answers you might want to know.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: "Money Magazine" takes on the windy city as one of its top five best places to live after work. The traffic, the construction, with so much to offer, Chicago may be an ideal place to live after work if it wasn't for all of the noise. "Money Magazine" found a way for you to enjoy the city life without living in the middle of the hustle and bustle.
UNIDENTIFIED FEMALE: It's a wonderful vibrant city.
UNIDENTIFIED MALE: It's always happening, always something to do.
UNIDENTIFIED FEMALE: Chicago's south loop once abandoned warehouses is now full of trendy lofts. The area is also home to the Chicago Bears Soldier Field as well as several museums. With a 15- minute bus ride you're shopping and dining on Michigan Avenue.
UNIDENTIFIED FEMALE: We have beautiful parks, we have wonderful museums, theater, opera.
UNIDENTIFIED FEMALE: I love the restaurants, I love Michigan Avenue. Just a great city.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
WHITFIELD: No surprise why you're seeing people in southern California wearing masks. But they are keeping out all of the particles from these fires, aren't they?
CNN medical correspondent Elizabeth Cohen looks into it.
(BEGIN VIDEOTAPE)
COHEN: Look at this. It's not just smoke. It's an airborne toxic soup full of carbon monoxide, soot, ash, and formaldehyde. If you breathe this in you could get sick. Not surprisingly, there's been a run on masks around San Diego. They are not easy to find. It took us hours to find a place that had them, and finally we found masks at this Home Depot in Poway, a suburb of San Diego. They just received a fresh shipment.
Do any of these masks actually work? The sad reality according to experts is most masks simply will not keep out the junk that's abundant in the unhealthy air in parts of southern California. Kim Prather is an environmental chemist at the University of San Diego.
This one, I've got to tell you, it feels so flimsy. Is this going to do me any good?
KIM PRATHER, UNIV. OF CALIFORNIA-SAN DIEGO: You can see this is the main sealing. There's gaps all around the sides and so the air is going to go right through.
COHEN: The problem with masks like these, big particles bill bounce off, but little particles can seep right through. And it's the little particles that you have to worry about. They can lodge in your lungs and make you sick. How about these?
What about the n-95 mask considered one of the best.
PRATHER: They have a little bit of sealing on them but really they still have the open gap.
CHOSEN: Prather says if you get a good mask with a good fit it will work but it's almost impossible to get a good fit on anyone.
They are too big on me. They are way too big on a kid.
PRATHER: Right. That is a problem. I mean you have to think about who you want to protect the most with these masks. It's the elderly, people with respiratory problems and the kids. These are not designed for children's faces.
COHEN: Now this one she liked because of the seal.
PRATHER: That one feels good. That is actually sealing much better.
COHEN: But even this is not perfect. PRATHER: It's not going to block out the organic such as formaldehyde and things like carbon monoxide. The gases will not be removed at all.
COHEN: Your data shows the gases are there. For that you need this, a hepa filter mask to filter out particles and gases. This mask isn't comfortable and can be hard to find. Probably explains why you don't see people wearing them. Instead you see people wearing masks that might make them feel better but masks that likely are not keeping out some of the most toxic stuff lingering in the air they breathe.
Elizabeth Cohen, CNN, Poway, California.
(END VIDEOTAPE)
LEMON: This just into the CNN NEWSROOM and it's about a disturbing story. Remember Bobbie Jo Stinnett? That was the mother who had her baby cut out of her, and then the woman showed off the newborn as her own in the next town in a neighboring town.
Well, the woman who did it, her name is Lisa Montgomery, that was back in December of 2004. A jury has recommended the death penalty to Lisa Montgomery for killing that woman and for taking her baby. Decided the woman convicted of killing the expectant mother and cutting her baby out of the womb should receive the death penalty. The jury deliberated more than five hours before recommending that sentence for Lisa Montgomery.
Montgomery was convicted on Monday of killing Bobbie Jo Stinnett December 16, 2004 in the victim's home in northwest Missouri in the town called Skidmore. She was arrested the next day in Melbourne, Kansas where she was showing off the newborn as her own. Lisa Montgomery, possibly will face the death penalty. That's what the jury recommended. CNN NEWSROOM continues.
(COMMERCIAL BREAK)
WHITFIELD: The first their home burned down, then their dog was stolen. Double trauma for a family in San Diego. Now they celebrate.
Reporter Lena Lewis with our affiliate KUSI has the story.
(BEGIN VIDEOTAPE)
NANETTE WIER, EVACUEE: I don't know if they just wanted him in which case I hope they give him back because he is part of a family that loves him. And really needs him right now.
LENA LEWIS, SAN DIEGO: Nanette devastated and exhausted made a plea for the safe return of her dog Teddy who was taken from the back of her parent's side while they were in an insurance office.
WIER: When they came out somebody had cut the leash and taken the dog.
GEROME WIER, EVACUEE: It's bad enough that my house burned down. I lost my real estate. And losing my dog on top of that is another blow. Sometimes when they come in bunches like that it's hard to take.
LEWIS: Signs are posted hoping that someone would spot Teddy and bring him back to his family. And somebody did.
WIER: OK.
LEWIS: Hours after the plea another family found Teddy and brought him home.
WIER: It feels like the family is together again. The house doesn't matter and I didn't have to tell my son he was missing. I found him before I had to tell him.
LEWIS: Though this family is now homeless they find joy in comfort in the fact that their beloved dog is safe and sound. All the rest, they say, can be worked out.
MICHAEL WIER, EVACUEE: My mom and dad lost their house, they are in their 80s and 90s. My sister lost her house. And my nephew lost his dog but the dog came back and the family's back together. Everything's going to be all right.
RANDY READY, RETURNED DOG TO FAMILY: I found him. Teddy bear. I didn't know his name was Teddy. He just looked like a big bear to me.
LEWIS: The heroes of the day, former Padre and current coach Randy Ready and his family. They came across Teddy and pout two and two together.
READY: We started talking about it. Did we just see something, down there with the guy? No way it's the same dog. That was awesome. I'm glad it came together.
LEWIS: So is the Wier family and if Teddy could talk he would agree, too.
Lena Lewis, KUSI News.
(END VIDEOTAPE)
WHITFIELD: My gosh.
LEMON: OK. I have no idea what happened to the story. We were just going oh.
WHITFIELD: The dog is precious. I'm glad that family is reunited.
LEMON: Isn't that nice. A little ice cream.
WHITFIELD: Your dog, cat, part of the family.
LEMON: You're going to talk to the man helping out. WHITFIELD: Yes. And helping to connect a lot of these lost pets, you know, pets who have found by somebody else, with their rightful owners as a result of this fire. Lots of stories like that one.
LEMON: Coming up in the next hour of the NEWSROOM.
(COMMERCIAL BREAK)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.voxant.com
