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Natalee Holloway Case: New Evidence; Holiday Shopping Starts; Political Crisis in Lebanon

Aired November 23, 2007 - 14:00   ET

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


DON LEMON, CNN ANCHOR: She disappeared nearly two and a half years ago in a tropical paradise.
KYRA PHILLIPS, CNN ANCHOR: Now new evidence in the Natalee Holloway case has two brothers facing a judge this afternoon.

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

LEMON: And I'm Don Lemon.

You're in the CNN NEWSROOM.

PHILLIPS: CNN has learned that evidence tied to the disappearance of Natalee Holloway is being re-analyzed right now and court appearances are under way in the case. At this hour it remains unclear whether that is the trigger for the re-arrest of three suspects.

Let's go live to Aruba now with more and CNN's Susan Candiotti -- Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Hi, Kyra.

What we can tell you is that the first of separate appearances for the Kalpoe brothers is believed to be over with. That one was held for Deepak Kalpoe at a local jail.

The same judge then left that jail and went over to another one where Satish Kalpoe is believed to be appearing before that same judge at this very hour. And then within the next hour we should find out what the decision is.

Now, here is what is at issue. The judge is hearing for the first time what the police say is new incriminating evidence, evidence that is enough information to compel authorities to force the judge to hold these -- the Kalpoe brothers, as well as Joran van der Sloot in jail for another eight days while the investigation continues.

If the judge disagrees, they can be set free. If not, then they have to remain in jail while the authorities continue to investigate.

Now, Joran van der Sloot at this hour is en route from the Netherlands, where he was extradited and is coming here to Aruba. His appearance before the very same judge won't take place until Monday. Now, these -- all of these men were arrested on Wednesday of this week, re-arrested on new charges. The new charge is suspicion of voluntary manslaughter in connection with the disappearance of Natalee Holloway and causing bodily harm that resulted in her death.

Now, because the hearing is closed to the public, we don't know precisely what this new information is, and the prosecutor says the court rules prevent him from revealing what it is, nor can defense lawyers talk about it. Naturally, we'll continue to find out what it is.

However, the chief prosecutor did tell me in a conversation today that some of the evidence originally gathered in this case was improperly analyzed, and he also went on to say that a new team of Dutch investigators are using new technology to re-analyze some information such as text phone messages and cell phone calls that were made between Joran van der Sloot and the Kalpoe brothers the night that Natalee Holloway disappeared. You will remember she was last seen in their company when they all left a bar back in May of 2005.

So we will wait to see what the court ruling will be. It will be announced later this afternoon, and we'll let you know what it is -- Kyra.

PHILLIPS: All right. Our Susan Candiotti live in Aruba.

Thanks, Susan.

LEMON: It once was the murder capital of America. Now New York City appears to be on track to have its lowest murder rate in more than 40 years.

"The New York Times" says 428 murders have been recorded in the city as of Sunday, and if the trend continues, New York will have fewer than 500 homicides this year. In 1940, New York reached an -- 1990, I should say, New York reached an all-time high with 2,245 murders.

An update now on the search for Stacy Peterson. According to her husband's attorney, Drew Peterson has given police an unsigned he received that describes a recent sighting of his missing wife at a grocery store. Peterson has been named a suspect in his wife's disappearance. A friend of Stacy Peterson tells the AP that a lot of sightings have been reported, but she doubts the letter is legitimate.

PHILLIPS: The FBI has joined the search for a missing woman in Mississippi. Jackson State University student Latasha Norman hasn't been seen since she attended a class on campus 10 days ago. In recent weeks, Norman had reported that her tires were slashed and her license plate was stolen. And just last week an ex-boyfriend was charged with hitting her during an incident last month.

Police have questioned both her current and former boyfriends. As of now they have no suspect.

LEMON: Well, the shopping may be tough, but the tough are going shopping. Americans are mobbing shopping malls and stores, some of which opened before dawn, as retailers offer special bargains to jump- start the holiday season.

Our senior correspondent Allan Chernoff is in the trenches at a mall outside of New York City.

Are you in Jersey? Where are you?

ALLAN CHERNOFF, CNN SR. CORRESPONDENT: We're actually in Garden City, New York, which is on Long Island, Don, and over here shopping is serious business. And that means Santa is a very, very busy man.

Kids of all ages have been over there. And right now he's got, as you can see, just a little infant.

That's a little bit of relief to the parents, because Santa was telling me earlier that the kids are asking for Nintendo Wiis, they are asking for the Apple iPod, fancy toys, you know. But let's find out what some of the less expensive hot toys are.

We're joined now by Doreen of KB Toys.

Doreen, you've got a few toys for the young ones

DOREEN ROGAN, KB TOYS: Yes I do. Right now today we have Elmo.

CHERNOFF: Elmo. And you tickle him. Elmo is happy to sing for us

ROGAN: Absolutely.

We also have the Webkinz.

CHERNOFF: The Webkinz. And that we go online to sign them up to adopt them.

ROGAN: Absolutely, and very popular.

CHERNOFF: OK.

Hannah Montana as well. Very popular?

ROGAN: Hannah Montana is very popular again for the girls this age.

CHERNOFF: Now, Don, as you know, the whole idea with Hannah Montana is basically the kids like to act as if they are Hannah Montana, so you've got the microphone, you've got a whole dress-up kit. And of course you also have the Hannah Montana wig.

I don't think -- I don't think it actually is going to fit me. No.

LEMON: Allan...

CHERNOFF: My head is a little too big for Hannah Montana, but... LEMON: Allan -- Allan...

CHERNOFF: Yes, Don? Don, I think it maybe fits me better than it would fit you, at least.

LEMON: Let's see that again. Since you did it, we may as well see the whole nine yards.

Go ahead. Put it on.

CHERNOFF: All right. Let's see if it actually does work.

Well, that's about as good as we're going to do, Don. But this is the hot item for the little girls. And let's not forget the boys, because for the boys it's all about seeking and destroying, and so the hot item is the XPV.

And Doreen, what does XPV stand for? Extreme...

ROGAN: Extreme Power Vehicle.

CHERNOFF: Extreme Power Vehicle. So, you know, the boys are into the power. The girls, you know, they are into the singing thing -- Don.

LEMON: Oh, boy.

PHILLIPS: And Allan is apparently into cross-dressing. All right.

LEMON: I'm glad Kyra said it.

Allan, the girls are into one thing, boys are into another.

And Allan can hang with both of them.

CHERNOFF: Well, Don, I've got two girls, so I have to know what the girls are into.

LEMON: OK. All right. We'll believe it this time.

Thanks very much, Allan.

Need help with your shopping? From gift ideas to toy safety tips for parents, CNN.com is your best bet before you hit the stores. Check it out. Check out our special holiday shopping page, CNN.com/shopping.

(WEATHER REPORT)

PHILLIPS: Well, Lebanon without a president? Let's go live to Brent Sadler. He's live in Beirut to tell us more about this stalemate.

Brent, bring us up to date. What's going on? BRENT SADLER, CNN BEIRUT BUREAU CHIEF: Yes, Kyra, Lebanon's pro- Syrian president, Emile Lahoud, leaves office in just a few hours from now. The statement that came out a short time ago, he stopped short of declaring a state of emergency but handed power to try to fill a presidential void to the military.

That means Lebanon is going to have two powerful power bases, if you like. One, the army, and the other, it seems most likely, a continuation of the western-backed government of Fouad Siniora, the prime minister. So Lebanon is going to remain on the political knife edge. The military now having a more responsible role, and the president leaving office with the country reeling from uncertainty, and particularly concern that this vacuum, this void that's now facing the country, could sooner or later lead to a violent backlash -- Kyra.

PHILLIPS: Brent, could we see what happened just within the last year or so? Is it that type of backlash that you're talking about?

SADLER: Well, certainly the expectations were that the president might deliver some sort of preemptive political bombshell against the coalition that rules the country here backed by the United States and others. And that's not quite happened, so it does seem that the politicians here will freeze the situation in terms of political hostilities, giving themselves another week to find a compromise candidate. But certainly with reports of arms still coming to this country, certainly with people still concerned about possible continuation of political assassinations, which many accuse, blame Syria of being involved in, this country is entering once again another realm of deep uncertainty and political crisis -- Kyra.

PHILLIPS: We'll follow it with you.

Brent Sadler out of Beirut.

Thank you.

LEMON: Snooping without a warrant. Should the federal government be tracking suspected criminals by their cell phones without probable cause being shown? We'll check in with civil rights attorney Avery Friedman.

PHILLIPS: Up from the ashes. A California family loses everything in a big wildfire but still finds reason to be thankful.

LEMON: And one year later and still no arrests in the poisoning death in Britain of a Russian defector and former KGB officer. A lot of fingers are still pointing at the Kremlin.

You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

(NEWSBREAK)

PHILLIPS: A dangerous past and the fires are out, but the scars remain from last month's blazes that scorched southern California. Our Thelma Gutierrez recently visited a family that volunteered to help others, only to find their own lives had changed forever.

(BEGIN VIDEOTAPE)

THELMA GUTIERREZ, CNN CORRESPONDENT (voice over): We first met Kelsey Perry back in October at Qualcomm Stadium. She had volunteered to help the evacuees from the catastrophic San Diego fires. What they didn't know was that this 14-year-old helper was an evacuee herself about to learn the fate of her home. We went with the Perrys to Ramona, California.

UNIDENTIFIED FEMALE: Oh gosh.

GUTIERREZ: The home that Hobby Perry built with his own hands had been reduced to ashes.

JULIE PERRY, HOME DESTROYED BY WILDFIRE: I got married here on the property, and our kids were born in San Diego and they have been raised in this house.

GUTIERREZ: All of it gone.

PERRY: This right here is a nativity scene that my mom had given us.

GUTIERREZ: Out of the ashes these precious keepsakes that somehow survived.

UNIDENTIFIED FEMALE: This one, the promise ring that my dad gave to my mom. I always used to wear it because I really, really liked it. And that was in here, too.

GUTIERREZ: One month after the fire we checked back with the Perrys.

PERRY: This right here is our wedding cake knife from our wedding. It's -- you can still see what it says, "Hobby and Julie."

GUTIERREZ: Julie and Hobby say they're still dealing with FEMA, their insurance company and the heartbreak.

PERRY: We're in a one bedroom with no kitchen, and a bathroom. So it's hard.

GUTIERREZ (on camera): What has been like to try to rebuild?

PERRY: It's hard. You know, we're going to be OK and rebuild.

GUTIERREZ (voice over): The Perrys have already cleared away the rubble that was their home. Making plans for the huge task of rebuilding, Kelsey has come up with a plan.

KELSEY PERRY, HOME DESTROYED BY WILDFIRE: The garage, which is going to be right over there, and the entry which will be, like, right here. GUTIERREZ: Through it all, on this Thanksgiving holiday, the Perrys say they still have a lot to be thankful for.

HOBBY PERRY, HOME DESTROYED BY WILDFIRE: I'm very thankful for everybody that has helped out, everybody that's come to our aid

K. PERRY: I'm also thankful that we still have our family, you know, and we're going to be together and help each other through this

UNIDENTIFIED MALE: I have my family.

H. PERRY: I love you.

GUTIERREZ: Thelma Gutierrez, CNN, Ramona, California.

(END VIDEOTAPE)

LEMON: Check this out. This tourist cruise ship is in trouble, big trouble. It is going down, and maybe in the worst place in the world for a rescue.

The status report straight ahead.

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(NEWSBREAK)

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PHILLIPS: Medicine, fresh water, shelter, all are desperately needed in Bangladesh right now more than a week after a ferocious cyclone wiped out villages. Its military is heading up the relief effort and has accepted America's offer to help. U.S. Marines are on ground, ships anchored just off shore, and two more ships on the way.

Admiral Timothy Keating, commander of the U.S. Pacific Fleet, has just left Bangladesh. He joins us now by phone.

Admiral, thanks for being with us. As soon as you hit ground, tell me what you saw. And how did it make an impact on you?

ADM. TIMOTHY KEATING, COMMANDER, U.S. PACIFIC FLEET: Good morning, Kyra.

Well, we were flying back home after a day in Baghdad. We stopped in Bangladesh. It was dark as we flew over the affected area, so we couldn't see much.

We landed and had discussions with Bangladesh leaders, including their chief of defense staff and our head -- the head of our embassy there. They described the devastation in the southern part of the country. They described grievous injuries suffered by folks who weren't getting medical care. They described folks who were confronted with terrible problems first, and hunger. And we can help with all of those. PHILLIPS: And you have helped with a tremendous amount of assets into that area now. Let's start with the ships. And tell me how that is helping in this relief effort.

KEATING: The USS Kearsarge, our government sent Kearsarge from the Central Command AOR, Admiral Fallon's area of responsibility, our way. They left the Arabian Sea prior to the Bangladesh official request for assistance. We anticipated this and got the shipping moving.

On board Kearsarge is a marine expeditionary unit with heavy-lift helicopters, medium-lift helicopters, and you'll remember, Kyra, that on board these ships also is a significant medical detachment with doctors and nurses and dentists, so USS Kearsarge is off the southern coast with General Carol Pottenger on board working for General Ron Bailey, who will be our officer in charge of shores.

So we've got a general and an admiral overseeing this effort, and there is a significant capability set resident on Kearsarge and we also have a replenishment ship, the United States ship Concord getting into the area soon and of course Concord bristles with food and water and replacement parts.

PHILLIPS: Admiral, is security a concern at all? We know how criminal activity festers in areas like this. They look for those in areas that are not able to care for themselves. Is this an opportunity for any of those concerns right now with terrorism throughout the country?

KEATING: That's a great question, Kyra. Bangladesh is a predominantly Muslim country and it's a moderate Muslim country. They have no more stomach for violent extremism than the rest of us and so our team on the ground, our assessment team has been there for about four, five days, did a careful evaluation, found no need for concern for violent extremists. There is a criminal element though. Those folks tend to come out as you say when times are tough, but the marines will be fine.

PHILLIPS: Finally, these medical team, admiral. It is pretty amazing to watch them work off these ships. Are they basically bringing the victims of that cyclone on board and treating them and helping to save lives? We already have reported a high number of deaths that have already taken place.

KEATING: That could go either way, Kyra. The teams will come ashore and do the assessments and someone on the ship, of course, are hospital-like facilities with emergency operating rooms of world class, so depending on the extent of the injury, we can helicopter or land a craft if the patient is not stable.

Our medical folks, men and women, can get these patients out to the Kearsarge and keep them there as long as necessary for recovery and then transport them back home or conduct the medical treatment right there in the villages and in the fields in southern Bangladesh where the cyclone hit.

PHILLIPS: Admiral Timothy Keating, commander of the U.S. Pacific Fleet, sure appreciate your time, sir.

KEATING: Thanks, Kyra, happy Thanksgiving to you.

PHILLIPS: Thank you.

LEMON: Uncle Sam is secretly keeping track of criminal suspects through their cell phones, in some cases reportedly without showing probable cause. The issue is raising new concerns among privacy advocates. And a traffic stop leads to allegations of racial profiling in Chicago. We'll hear from the congressman. That's right, the congressman driving the car.

(COMMERCIAL BREAK)

PHILLIPS: For privacy advocates, a troubling new report. Federal officials are routinely asking courts to order cell phone companies to provide tracking information on criminal suspects. And in some cases, judges are granting the requests without probable cause being shown. That's according to the "Washington Post." Civil rights attorney Avery Friedman joins us now live from Cleveland, Ohio. Avery, great to see you.

AVERY FRIEDMAN, ATTORNEY: Nice to see you, Kyra.

PHILLIPS: So, is it legal?

FRIEDMAN: Well you know, that's a wonderful question and we have a dilemma. We have this zooming technology which deals with enhanced tracking information. We have 250 million Americans who are walking around with cell phones, but you know what, Kyra, no one is really giving a lot of thought to the fact that you're carrying around a GPS, a location tracking device so law enforcement thinking we're going to have a better tool to get our hands on law enforcement are simply going to the communications, the carriers and saying give me all your records.

PHILLIPS: So do you still have to have probable cause to do this, right, or is there something other than probable cause?

FRIEDMAN: Well, that's a very good question because that's where the dilemma is. Under our bill of rights, under the fourth amendment, before anyone, law enforcement can engage in the search and the seizure, pick up your cell phone information, you're supposed to have probable cause.

But you know what? Congress passed two laws that said, well, maybe you don't have to have that highest standard. So you know what's happening is that some federal courts are granting law enforcement to pick up these cell phone information and this tracking information without probable cause so the cellular companies don't know what to do, the law enforcement agencies don't know what to do and for those people that are carrying around cell phones are thinking, I don't want the government tracking me, I haven't done anything wrong.

PHILLIPS: So does that mean yet we need to see more legislation enacted to try and clear this up because of all the differences within the law?

FRIEDMAN: Well, you know, that's exactly the point. What's going to have to happen is because we now seem to have two different standards, a constitutional one, probable cause, and a lesser standard under some federal laws. Ultimately what we're going to need right now is Congress to consider the issue on what is going to be required before law enforcement gets a hold of your personal tracking system and your cell phone.

PHILLIPS: Do we know if this is even working? I mean, are they getting these high-value targets, these tough criminals, these fugitives by doing this? Is it successful?

FRIEDMAN: Well it's hard to say because when law enforcement goes in to get its warrant, its order, Kyra, that's generally sealed, so there's no way, there's no information gathering where we can evaluate this. One thing we know for sure is that different federal judges are doing different things, and that tells us we need some uniformity in how these matters are being handled.

PHILLIPS: I don't want to confuse this any more, but are the laws the same, different, cell phones versus hard lines?

FRIEDMAN: Well, yes because the technology we're dealing with is related to emergency services. All the cell phones now are getting a hold of people like you, Kyra and everybody else saying if you want to keep track, if you're meeting somebody at the mall or you're trying to keep track of your kids, then we have this new service. Well, that doesn't exist on hard line, it exists in cell phones and that's where Congress has to pay attention.

PHILLIPS: I mean could this eventually - I mean, obviously you and I are not fugitives, so we hope.

FRIEDMAN: I don't think so.

PHILLIPS: Exactly. Not that I know of recently. Could this affect us, the average person, the non-criminal, or maybe less offenses or lesser, lower.

FRIEDMAN: I think ultimately the question is if law enforcement thinks that Kyra Phillips is doing something wrong, they should be responsible to prove to a federal judge that there's probable cause.

If not, there's total chaos. The whole protection against search and seizure and privacy advocates and everyday citizens that make the argument are going to be affected by it and it's therefore time for Congress to now take a look at this.

PHILLIPS: That will be interesting to follow this. Civil rights attorney Avery Friedman, always great to talk to you Avery, thanks.

FRIEDMAN: Nice to see you, take care, Kyra.

LEMON: Chicago police say a member of Congress got a ticket for swerving his car, but the representative whose name is Danny Davis, HE says his only offense was driving while black. He spoke this morning with CNN's Tony Harris.

(BEGIN VIDEO CLIP)

REP. DANNY DAVIS (D), ILLINOIS: They said that I was weaving and that I drove left of center. But then, of course, I was not weaving and I was not driving left of center and so I couldn't figure any reason to be stopped.

All of the equipment on my car was working. I was not speeding or anything close to it and I had to just ultimately figure out that there was some other reason that I was stopped beyond anything that was legal.

(END VIDEO CLIP)

LEMON: Chicago police issued a statement saying "The Chicago Police Department does not encourage, tolerate or condone racial profiling on any level. Congressman Davis was stopped on probable cause and issued a citation for violating a traffic law." Davis says he'll contest the ticket, which carries a $75 fine. Police say they are investigating his claim of racial profiling.

Well a strange turn of events in a small town in south Texas. The mayor of Poteet is a registered sex offender and he could be arrested if he shows up at city hall. As part of a deal, he pleaded guilty last month to indecency charges involving two girls but received deferred adjudication and not a conviction.

The law requires him to stay more than 1,000 feet from places children congregate. The trouble is there's a youth center next to city hall. Because he actually wasn't convicted, the mayor can't be forced from office.

A teenager kills herself after getting cruel messages on the Internet. Now Megan Meier's hometown tries to make sure it doesn't happen again. City officials in Dardenne Prairie, Missouri, have passed a law making online harassment a crime. Authorities say the teenager hanged herself after getting mean messages on MySpace from a boy. The boy turned out to be fake created by the mother and father. Her daughter and Meier had stopped being friends.

PHILLIPS: This woman wants answers. A full year after her husband's mysterious death, she's taking on the Kremlin in his name.

(COMMERCIAL BREAK)

LEMON: He was a Russian intelligence agent, some say a spy, Alexander Litvinenko. He died last fall slowly and painfully after someone poisoned him in London. Today on the one-year anniversary of his death, his wife and family are nowhere close to learning the whose and whys. CNN's Paula Hancocks reports.

(BEGIN VIDEOTAPE)

PAULA HANCOCKS, CNN CORRESPONDENT (voice-over): The poisoning of this man, Alexander Litvinenko, sparked a diplomatic crisis reminiscent of the Cold War. One year after his death, the family and friends of the former Russian KGB agent gathered outside the London hospital where he died. His wife Marina listens once again to her late husband's death bed statement.

ALEX GOLDFARB, FRIEND OF LITVINENKO: You may succeed in silencing one man but the howls of protest from around the world will reverberate. Mr. Putin, in your ears, to the rest of your life.

HANCOCKS: Those gathered here are adamant Russian President Vladimir Putin was behind the murder and used this man, former KGB agent, Andrei Lugovoi, to administer the radioactive poisoning Polonium 210. Both deny any involvement, but British authorities maintain Lugovoi is the prime suspect and must stand trial in the U.K. Russia refuses to extradite him.

ANDREI LUGOVOI, MURDER SUSPECT (through translator): Both myself and the Russian law enforcement authorities have officially requested that the British show the evidence against me several times already, but they still have not provided anything. One can therefore suppose that they do not have any evidence.

HANCOCKS: Marina Litvinenko is taking the case to the European Court of Human Rights. Her lawyer claims to have evidence of poison used in the murder originated from a Russian state-controlled plant.

MARINA LITVINENKO, POISONED AGENT'S WIDOW: I promise one day definitely we'll know who is responsible for this because without this knowledge, we just can't feel we are safe.

HANCOCKS: Poison thought to have been administered in a cup of tea in a London hotel led to radioactive traces in more than a dozen other London addresses, including airplanes on the London/Moscow route. An individual murder quickly spiraled into an international scandal. Litvinenko's father says this has to be a warning to the world.

WALTER LITVINENKO, POISONED AGENT'S FATHER (through translator): I would like all of this to become a wake-up call for the people and the government of Europe and the U.S., to the real nature of Putin's regime.

HANCOCKS: Litvinenko's friends and family say they will come back here every year to the hospital where Alexander died and read his death bed statement. They say that Mr. Putin can rest assured this will not go away. Paula Hancocks, CNN, London.

(END VIDEOTAPE)

PHILLIPS: An update now on the mystery surrounding the death of a British college student in Italy. A German court ruled today that suspect Rudy Hermann Guede will remain in custody until he's extradited to Italy. Italian police have issued an arrest warrant for Guede in connection with the sexual assault and stabbing death of Meredith Kercher. Police say a DNA test confirms that he had sex with Kercher the night that she was killed. The German prosecutor says that Guede has quote denied taking part in that crime. Kercher's American roommate Amanda Knox has also been jailed, along with Knox's Italian boyfriend. Both have denied any wrongdoing.

LEMON: It could end the political debate over stem cell research, but patients will have to wait before they see any benefits. We'll hear from a lead researcher behind this week's major medical breakthrough.

PHILLIPS: And Chad Myers wants to hear from you. Chad, it's like a commercial. The news keeps coming and we keep bringing it to you.

(COMMERCIAL BREAK)

PHILLIPS: For CNN Headline News anchor Nancy Grace and her husband, a big reason to be thankful this Thanksgiving weekend. They've taken their son John David home from the hospital. Their baby daughter Lucy Elizabeth is still there. Grace gave birth to the twins earlier this month and it was early delivery because of pulmonary edema Grace developed during her pregnancy. We wish Nancy Grace and her family the best of luck.

LEMON: We have some breaking news out of Aruba when it comes to the Natalee Holloway case. Our Susan Candiotti joins us now with the very latest. Susan, what do you have?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hi Don, well at this hour, the judge has made a decision. Both jail house appearances for the Kalpoe brothers are over. And the judge has decided that they will have to remain in jail, stay in jail at least another eight days while police interrogations continue.

The Kalpoe brothers as well as Joran van der Sloot, they're all friends with each other, were re-arrested last Wednesday on new charges of voluntary manslaughter and suspicion of causing serious bodily harm that resulted in death.

That's the technical language, the death of Natalee Holloway. As you know, she has never been found. All three suspects deny that they know what happened to the girl after they were last seen with her in May of 2005. This remains the Kalpoe brothers have to remain in jail. An appearance before a judge will take place on Monday for the third man, Joran van der Sloot, who at this hour is making his way, being under police escort from the Netherlands to Aruba. Don?

LEMON: Susan Candiotti with breaking news from Aruba. We'll check back. Thank you, Susan.

PHILLIPS: A drug meant to reduce physical pain, now the cause of emotional distress for thousands of families. How can it be happening? CNN's David Mattingly is keeping them honest.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): It's up to 100 times more potent than morphine and it could kill you. The pain medication Fentanyl often delivers in a medical patch, comes with pages and pages of warnings. DR. ROBERT ZOROWITZ, VILLAGE NURSING HOME: The patch cannot get too warm. A heating pad or hot water or direct sunlight that causes the temperature to go up will cause the medication to be delivered at a much higher rate.

MATTINGLY: Fentanyl patches originally marketed under the name of Duragesic by Johnson & Johnson were created as a pain killer of last resort for patients in constant pain or with terminal cancer, who have already built up a tolerance to weaker pain medications. But in spite of government warnings and packaging, experts say this drug continues to be misused with fatal consequences.

MICHEAL COHEN, INST. FOR SAFE MED. PRACTICES: The number one problem that we see is it's misprescribed. It's given to patients who should never receive the drug.

MATTINGLY: You're about to see one of those tragic cases. It's a man who died after using just one patch prescribed after surgery, and you won't believe what that surgery was for.

DEANA KINAMON, VICTIM'S SISTER: They went in and cut the uvula off the back of his through.

MATTINGLY: The little thing in the back of his throat, that's what he had cut out.

KINAMON: Yes.

MATTINGLY: And he did this so he could sleep better?

KINAMON: Yes.

MATTINGLY: Bud Kinamon went to a military hospital in 2005 for surgery to cure sleep apnea. When doctors sent him home with a patch to recover, he went to sleep and never woke up.

KINAMON: So I called 911, and even at that point I said I think my brother is dead.

MATTINGLY: A coroner's report determined Kinamon died of acute Fentynal intoxication. Just three months earlier, the Food and Drug Administration issued a fentanyl patch warning following deaths due to incorrect use. And the U.S. military forwarded that warning to all its facilities. Fentanyl patches should not be used to treat short- term pain, pain that is not constant or pain after an operation.

KINTAMON: It was prescribed in complete violation of its warnings.

MATTINGLY: From 1998 to 2005, 3,545 deaths were reported to the FDA that had been linked to Fentanyl overdoses. While it's not known what percentage of the deaths were due to misprescribed fentanyl patches versus abuse of the drug, Michael Cohen of the Institute for Safe Medication Practices maintained misprescribing is the major issue and that there could be thousands more deaths going unreported.

Where is the responsibility for all these deaths lie? Is it with the patient, is it with the doctor, the pharmacist?

COHEN: Well, I think that's a good question. I think a lot of it is on the company and working with the Food and Drug Administration, we need a much better warning system with these drugs. We need more alerts, we need the physicians to be more aware of them.

MATTINGLY: Keeping them honest we went to Johnson & Johnson with questions on his Fentanyl warnings could be improved. They sent us to a subsidiary called Ortho McNeil here in northern New Jersey, but no one here would talk to us on camera. But a company spokesman told us in writing that they communicate consistently with health care professionals and patients and they continue to support a risk management program working closely with the FDA. Not enough, according to Michael Cohen.

COHEN: So I would like to see much stronger warnings on the wrapper that these individual patches come in.

MATTINGLY: The drug became available to generic manufacturers in 2005, making it cheaper and more available to patients than ever. David Mattingly, CNN, New York.

(END VIDEOTAPE)

LEMON: And listen up. If you're taking Chantix, the Food and Drug Administration is looking into that popular quit smoking drug for signs that it may send some users over the edge.

Since the drug was approved a year and a half ago, 100 people have reported it made them depressed, caused severe mood swings and even gave them suicidal thoughts. If you're worried, talk to your doctor.

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