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Weather Causing Havoc for Holiday Traveling; Last-Minute Shopping: Do You Really Know What's Inside the Box?; A Murder Conviction Overturned; Busy on the Campaign Trail

Aired December 22, 2007 - 11:00   ET

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

T.J. HOLMES, CNN ANCHOR: Hey there, folks. You are in the CNN NEWSROOM. It is unfolding live on this Saturday, December 22nd. Hey there, I'm T.J. Holmes.
RANDI KAYE, CNN ANCHOR: And I'm Randi Kaye in for Betty Nguyen.

Snow, sleet, ice and rain are crossing the Midwest. That could make for a pretty hectic day at the nation's airports.

HOLMES: Last-minute shopping as well. Your kids want video games. Do you really know what's inside the box?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Why wasn't there any measures taken to safeguard his life? And I was told that he never asked for any protection.

(END OF VIDEO CLIP)

KAYE: A story that may have you thinking of "The Sopranos." A man sees a murder but doesn't get any protection from police. You are in the NEWSROOM.

HOLMES: All right, but first here -- are we there yet? That's the question of the day as families from all over America head to destinations all over America. Airports and airplanes are jammed with pre-Christmas travelers. So far the FAA is reporting only two real trouble spots. They're both at very busy airports, Chicago O'Hare and Newark International.

KAYE: Only going to get uglier, I have a feeling.

(WEATHER REPORT)

KAYE: Folks who aren't in a plane, on a train or in a car today are probably out shopping. CNN's Jim Acosta is keeping tabs on those last-minute shoppers at Macy's in New York. Jim, are you one of those last-minute shoppers?

JIM ACOSTA, CNN CORRESPONDENT: I am one of those last minute shoppers, but I don't want to talk about that right now because some of my family members might be watching and I would be busted as it were at this moment. But, yes, the last-minute shoppers are afoot down here on 34th street in Manhattan, we're right outside of Macy's, which is the perfect place to be this time of year if you are doing your last- minute shopping. Because this department store, believe it or not, is open 24 hours. Because of the weakness in the economy, people aren't exactly being scrooges this year but they are making their dollars stretch as much as possible.

You know, according to the National Retail Federation, spending is only expected to go up four percent this year. The 10-year average is like five percent. Because of that slight decrease in expectations, you know, people are worried about the nature of this economy because of a variety of reasons. So because this holiday shopping season is now upon us, the retailers are saying this is a critical time for their bottom line.

(BEGIN VIDEO CLIP)

SCOTT KRUGMAN, VICE PRES., NATL. RETAIL FED.: The reason for the slowdown, we're seeing a more conservative consumer. Clearly the housing market, the credit crunch, rising energy costs, and inflation is certainly taking its toll.

(END OF VIDEO CLIP)

ACOSTA: And I just mentioned that we're standing out in front of this Macy's department store, which believe it or not, is open 24 hours, which is just unbelievable. I'm now joining some shoppers who are standing out here in the cold bundled up. The question is -- will you be spending a bundle this Christmas? How are things going for you are you finished with your shopping?

UNIDENTIFIED FEMALE: Almost, I'm almost finished.

ACOSTA: Yeah, what's on your list?

UNIDENTIFIED FEMALE: Something for my husband.

ACOSTA: OK. I guess you don't want to disclose what that would be at this moment.

UNIDENTIFIED FEMALE: Not yet.

ACOSTA: How is your shopping doing this year? How are you spending this year versus in years past? Are you holding back a little bit, spending a little bit more?

UNIDENTIFIED FEMALE: I think I'm spending more carefully.

ACOSTA: You are. Because?

UNIDENTIFIED FEMALE: Well, things are tough. I mean, gasoline prices are high, and gas and oil prices are high. So, yeah, we're watching our budget.

ACOSTA: But it's nothing like being in New York this time of year.

UNIDENTIFIED FEMALE: Oh, no.

ACOSTA: You could have a ball if you're not shopping, just walking around the streets. The windows are all dressed up for the holidays. It's a great time of the year. But it's a little chilly, it's a little cold.

UNIDENTIFIED FEMALE: We came here from West Virginia to do shopping in New York.

ACOSTA: You came all the way from West Virginia to do your shopping in New York. They don't have department stores in West Virginia?

UNIDENTIFIED FEMALE: Well, yes, but not like this.

ACOSTA: Not like this. That's true. The entertainment is all around us. It's not just in the stores. But yes, you know, this is the time of year, we're in the nitty-gritty for those last-minute procrastinators like my friend right here and like myself. It's time to get busy -- Randi?

KAYE: Jim, we better let you run so you can get your shopping done.

ACOSTA: OK, will do.

KAYE: All right, thanks again.

ACOSTA: Take care.

HOLMES: American Eric Volz has left Nicaragua and gone into hiding after a Nicaraguan court overturned his murder conviction. Volz had been found guilty of murdering his girlfriend despite witness testimony that he was elsewhere when the slaying occurred. Some 10 witnesses came forward and testified that he was somewhere else. Some Nicaraguans are outraged by the release, claiming Volz got special treatment because he's an American.

Volz's mother spoke with us last night after she returned from Nicaragua.

(BEGIN VIDEO CLIP)

MAGGIE ANTHONY, MOTHER OF ERIC VOLZ: You know, it hasn't hit me yet. We have been living on the edge for over a year now, and I just haven't had time to just digest. I'm sure the minute I go home and I fall into my husband's arms and I see my daughter, it will hit me. It's just going to be incredible. We are so, so thankful for this gift.

(END OF VIDEO CLIP)

HOLMES: The State Department says the U.S. is pleased with the court's decision. KAYE: Two Georgia men are enjoying their first full day of freedom today after serving more than three years in prison in a case that drew national attention. Ryan Barnwell and Cortez Robinson were released from prison yesterday. They were sent to jail as part of the case involving then 17 year old Genarlow Wilson who had consensual oral sex with a 15-year-old.

Barnwell and Robinson pleaded guilty two child molestation charges stemming from the 2003 party. Wilson, who is now 21, was freed in October. That's after the Georgia Supreme Court ruled his sentence was cruel and unusual punishment. Georgia has now changed its law and made such cases a misdemeanor when they involve teens close in age.

HOLMES: A jury in Long Island, New York, is deliberating at this hour in the trial of a black father accused of killing a white teenager. The shooting happened during a racially charged confrontation that started with an entry on a MySpace Internet page.

Jason Carroll has the story from Riverhead, New York.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): It started with a sick joke. It came from Aaron White's MySpace account, a threat sent to a teenage girl at his high school. White testified he didn't write it. Another friend did, using his screen name.

UNIDENTIFIED FEMALE: All of those kids believed that this was real.

CARROLL: Even White's friend, Daniel Cicciaro believed it was real.

JOANNE CICCIARO, MOTHER: The thing is that night, Daniel believed that Aaron threatened to rape a girl who was like his little sister.

CARROLL: Cicciaro's parents say Daniel just wanted to protect the girl when she spotted Aaron at a party last year. The defense says racial slurs were used after white was kicked out. White testified a group of teenage boys called him on his cell saying get back to this party, you [ bleep ].

UNIDENTIFIED MALE: You had this group of young white men who felt that they were going to defend this young white woman from the black man who said these things about her and that they felt justified to do so because of his race.

CARROLL: Cicciaro rallied a group of his friends and headed to White's home in Long Island, New York. Aaron White said they called him again, saying they were coming to his house to kill him. That's when Aaron's father, John White, got involved, known as a quiet, dedicated man, he grabbed his handgun, a 32 caliber berretta, and waited for the teens. DANIEL CICCIARO, SR., FATHER: He had 20 minutes to gather his thoughts, to call the police, to defuse the situation, to find out why they were coming over. And he didn't take any of those precautionary steps.

CARROLL: The defense says White was thinking of his family's past in the south where the Ku Klux Klan attacked them at home one night. Once Cicciaro and the teens arrived in his driveway, there was an argument. White says his gun accidentally went off and Cicciaro was shot in the face. "I didn't mean to shoot this young man," White told the court. This young man was another child of God. Cicciaro's parents don't believe him.

J. CICCIARO: They never called, the Whites, none of them, never called 911 even after they shot Daniel, but they did call their attorney.

CARROLL: White's attorney pointed to a 911 call Daniel's friend made moments after the shooting.

UNIDENTIFIED MALE: (EXPLETIVE DELETED) I'll get them for you Dano.

CARROLL: Daniel died that night.

J. CICCIARO: I saw the shot, the hole in his cheek. I got to tell him that I loved him. I saw his eyes blank, straight open, staring at the ceiling.

CARROLL (on camera): White is charged with manslaughter. A jury is deciding whether he will lose his freedom. The Cicciaro family says regardless of the verdict they have already lost what was most important to them.

Jason Carroll, CNN, Riverhead, New York.

(END OF VIDEOTAPE)

KAYE: Now we want you to look closely at this next story. You're looking at surveillance tape from the Los Angeles area. It shows a young man trying to abduct a 4-year-old girl. Look closely. You can see he drops the girl when a small boy chases after him. Police want to catch this guy before he strikes again. Here is a police sketch of the suspect. Police believe he's linked to at least four other attacks in the North Hills area of L.A.

HOLMES: Well, stay here with us, folks. We're going to take a quick break. We're going to tell you about coming up a family that's really in a battle to save their daughter's life. What happened here, they say the decision was made by the insurance company that caused her death actually. That's sparking a lot of debate. We're going to hear both sides of it.

KAYE: Plus, also coming up in this hour -- the campaign is heating up and so is the campaign trail. Presidential candidates are out in full force as we begin the caucus countdown. (COMMERCIAL BREAK)

KAYE: From the Bush administration, rare criticism of one of the republican presidential candidates. Mike Huckabee recently accused the administration of having a go it alone bunker mentality on foreign policy. Secretary of State Condoleezza Rice begs to differ.

(BEGIN VIDEO CLIP)

CONDOLEEZZA RICE, SECRETARY OF STATE: The idea that somehow this is a go it alone policy is just simply ludicrous and one would only have to be not observing the facts, let me say that, to say that this is now a go it alone foreign policy.

(END OF VIDEO CLIP)

KAYE: Huckabee has been advocating a new course for U.S. foreign policy. CNN's Dana Bash is following the Huckabee campaign in Iowa and joins us now live.

Good morning, Dana.

DANA BASH, CNN CORRESPONDENT: Good morning.

Well, that was certainly some rare criticism, as you said, about Mike Huckabee. He told CNN yesterday that he has great respect for the secretary of state, but Randi, it's interesting he's making it very clear that he's not going to back down from the concept of what he is saying, that he simply thinks that the approach that the president, his own republican president, has had towards foreign policy, particularly the way he executed the Iraq war is not the way he would do it. He makes that clear on the campaign trail.

(BEGIN VIDEOTAPE)

BASH (voice-over): At an Iowa town hall, a Mike Huckabee supporter asks what to tell friends concerned he's not ready to be commander in chief.

MIKE HUCKABEE, (R) PRESIDENTIAL CANDIDATE: The question is, foreign policy experience, as a governor for 10-1/2 years, I made numerous trade trips, I also was involved in a number of meetings where we not only brought businesses from the international community to our state --

BASH: With GOP voters, Huckabee avoids his controversial arrogant bunker mentality phrase to describe the president's foreign policy, but pointedly calls for a more open-minded post-Bush era.

HUCKABEE: Never, ever yielding one ounce of U.S. sovereignty to anybody but also being a nation that recognizes and respects that there are other people in the neighborhood.

BASH: He says this about Iraq.

HUCKABEE: We made major mistakes on how we executed the war. BASH: His approach to war.

HUCKABEE: I subscribe to the Powell Schwarzkopf(ph) philosophy that says first you have the kind of military that is so incredibly strong that nobody on this planet even thinks about wanting to engage it in a battle.

BASH: On the stump, this Republican takes controversial positions that have not gotten much attention. He preaches a populous message weary of free trade and calls for cutting ties with Saudi Arabia.

HUCKABEE: Tell the Saudis, keep your oil. We don't need it any more than we need your sand. We're not going to allow you to manipulate our world, our economy and force us to pay both sides on the war on terror. Our tax dollars paying for the military and our oil dollars paying for the side of the terrorists and the funding of them.

BASH: Tough talk some call out of the mainstream.

MICHAEL O'HANLON, BROOKINGS INSTITUTION: The idea that we can get into a name game of insulting the Saudis doesn't really fit with any tradition in modern republican or democratic politics.

(END OF VIDEOTAPE)

BASH: Now Huckabee has been pounded by his rivals for those comments about the president's foreign policy. They simply say that his world view is naive, again trying to hit him on the fact that he doesn't necessarily have the experience as a former governor from Arkansas to be commander in chief.

But it's interesting Randi the way he tries to turn that to his advantage when he's talking to Iowa Republicans. He says it's simply the Washington establishment that doesn't like him and he tries to tell these Iowa voters that he has their interest at heart both at home and abroad -- Randi?

KAYE: Dana, what have we been able to learn if anything about Rudy Giuliani's health after being in the hospital?

BASH: Well, we learned late last night is that Rudy Giuliani actually did have a follow-up visit with his physician yesterday in New York City. This is something that CNN was told after getting this information from a couple of Republican sources earlier in the day and asking repeatedly the Giuliani campaign for confirmation.

Again, it was not until late last night that Giuliani's campaign spokeswoman went to the mayor and asked that she did confirm that he did have a follow-up visit with his physician. Now, this is interesting because it is still a little bit of a mystery what exactly Giuliani had done when he was in the hospital.

Remember, he was in the hospital in St. Louis a couple of days ago. It was a dramatic thing because they had to turn his plane around because they said he had flu-like symptoms. They released him from the hospital on Thursday. But we still don't know what tests he had done to make doctors confident that he was OK. But it is noteworthy that he did go back to the doctor yesterday. His campaign had said that he was doing some errands but part of those errands was to go back to the doctor.

Also Randi, they said that he is not taking prescription medication and that he is feeling fine. We should see him on the campaign trail later this afternoon in New Hampshire.

KAYE: All right, Dana Bash, thanks for clearing that up for us. Appreciate it.

BASH: Thank you.

HOLMES: Democrat Hillary Clinton is in New Hampshire today. Just a couple of hours ago she made an appearance in Manchester with her mother, Dorothy Rodham, and talked about family issues.

(BEGIN VIDEO CLIP)

SEN. HILLARY CLINTON, (D) PRESIDENTIAL CANIDATE: You know, when I was a young lawyer and also a mom, I learned how difficult it was for a lot of the other women who worked in the law firm, the secretaries, the paralegals. At 3:00 everyday they'd all be on the phone whispering to make sure their children were there safely. They were at home. They were at their grandmother's. They were at the after-school program. And it was just such a time of tension and concern to make sure their children got home.

Well, one of the things we tried to do during the '90s was to create a network of after-school programs. The Bush administration has slowly and steadily dismantled those programs. Some of them, a lot of them used to be at YW's and YMCA's all over the country. Then we tried to do more to, you know, help with preschool, early head start. Kind of supporting families.

And again, we've had to really push against a very hard brick wall to break through to get more help. Well, when I'm president, we're not going to have to work so hard to help families be able to take care of their children and their parents while they work.

(END VIDEO CLIP)

HOLMES: The latest CNN WMUR poll already shows Clinton with a strong advantage among women, New Hampshire women favor Clinton over rival Barack Obama by a 42 to 25 percent margin.

KAYE: Are you heading out for the holidays? Well, you are not alone.

HOLMES: Certainly not. You've got millions and millions of your friends out there to keep you company, people on planes, also in cars. Holiday travel in full swing. We're keeping you updated on how things are going out there.

(COMMERCIAL BREAK)

HOLMES: A 17-year-old California girl has died after years of fighting leukemia. But her parents say that her fight with an insurance company, not with a disease, was what finally led to her death.

CNN's Kara Finnstrom has the story now for us from L.A.

(BEGIN VIDEOTAPE)

KARA FINNSTROM, CNN CORRESPONDENT (voice-over): The girl's grieving family now says it will fight the insurance company who at first refused to pay for their daughter's liver transplant.

KRIKOR SARKISYAN, NATALINE'S FATHER: These Cigna people, they cannot make people's decision if they're going to live or die. Doctors can do it. Doctors, they all signed the papers. They sent to the Cigna, Cigna denied it two times.

FINNSTROM: 17-year-old Nataline Sarkisyan had been fighting leukemia for three years. She received a bone marrow transplant from her brother, but there were complications and her liver failed. On December 11th, Cigna responded to a letter from doctors at UCLA Medical Center who had requested a liver transplant. Cigna vetoed the procedure, calling it experimental in Nataline's case.

That same day doctors at UCLA Medical Center asked Cigna to reconsider, saying patients in situations similar to Nataline's who undergo transplants have a six-month survival rate of about 65 percent. On Thursday, about 150 people including nurses rallied outside Cigna's offices and learned of a dramatic change of heart.

UNIDENTIFIED FEMALE: Time is ticking and Cigna is so wrong. k, Cigna just approved us.

FINNSTROM: Cigna said, despite a lack of medical evidence showing the procedure would work, they would make an exception in this rare and unusual case. But by that time, doctors said her condition had worsened.

SARKISYAN: I just got a phone call from hospital. She is not doing good and we are heading there right now.

FINNSTROM: On doctor's advice, the family made the decision to take Nataline off life support. A short while later, she died.

SARKISYAN: I'm sorry I don't have her again here with me right now, but I have her pictures. I love her. My family loves her.

FINNSTROM: The family is now taking legal action and has hired high-profile lawyer Mark Geragos.

MARK GERAGOS, SARKISYAN FAMILY ATTORNEY: We believe that they single-handedly decided that they wanted to have her die and wait so that they would not have to take the after-care coverage and pay for that. FINNSTROM: Geragos will also ask the district attorney to consider manslaughter or murder charges against Cigna. Cigna has not responded to our requests for an interview but issued a statement saying that they, "... deeply hope that the output of concern and love that are being expressed for Nataline's family help them at this time."

(On camera): The California nurse's association says Nataline's death is a horrific tragedy that shows the stranglehold the insurance companies have on health care. Now this girl's fight for life has become a test of whether insurance companies have too much control over life and death.

Kara Finnstrom for CNN, Los Angeles.

(END OF VIDEOTAPE)

(WEATHER REPORT)

HOLMES: Also, Christmas in Iraq. A soldier on the front lines joins us to talk about his holiday away from home.

(COMMERCIAL BREAK)

HOLMES: 11:30 here for us now. Happening now across the world and across this country, of course, Americans are packing planes and airports today heading home for Christmas. Weather problems, of course, causing some delays in those trips.

(WEATHER REPORT)

KAYE: Move on to Iowa, the Iowa caucuses are just around the corner, followed quickly by test votes in New Hampshire, Michigan, Nevada, South Carolina and Florida.

HOLMES: This early contests will begin the process of separating the viable candidates from the others who just wish they were president. Josh Levs here keeping it real for us this morning. Good morning, Mr. Reality.

JOSH LEVS, CNN CORRESPONDENT: Good morning to you both. So good to have you here. Ma'am, you liking it?

KAYE: I am. I don't know how you work with this guy ...

LEVS: Let's skip that part. So how about if I get my single shot now.

So here's the deal. I want to tell you, we're fixating really on three states these days, right? I mean if you follow political coverage, you keep hearing about three states where the candidates are really focusing as make or break contests -- you have Iowa, New Hampshire and South Carolina. So that's where the major campaigning is going on.

Now, it turns out even when you put those states together, it's just a tiny group of Americans doing the deciding.

(BEGIN VIDEOTAPE)

HUCKABEE: I want to say thanks so much for coming. This is incredible.

LEVS (voice-over): We know why the candidates fight so hard in the early states. So many Americans follow their lead and early victory in these states can lead to the nomination. But you may not know how few voters actually determines who wins the early states. Keep in mind we're a nation of 300 million people. Now here are the numbers.

In 2004, the democratic caucuses in Iowa drew a whopping 124,000 people, a fraction of the state's voting age population. And that was considered big.

UNIDENTIFIED MALE: We had had a record turnout in Iowa, the biggest in the history of the state.

LEVS: The last big republican contest was in 2000 when Bush won the Iowa caucuses. 87,000 people took part. No one knows how many will take part this time around with open races on both sides, but a few hundred thousand would be huge.

New Hampshire in 2004 when the big race was on the democratic side, nearly 300,000 people total voted. Four years earlier, when the bigger contest was among republicans, nearly 400,000. And the third earlier state getting a lot of attention ...

OPRAH WINFREY, TALK SHOW HOST: South Carolina!

LEVS: Nearly 300,000 democrats took part in the 2004 primary, nearly twice that number took part in the republican primary in 2000. So when we put these three states together, how many people are the candidates clamoring for? The total number is sure to be less than one percent of the U.S. population.

(END OF VIDEOTAPE)

LEVS: But, of course, it's a very powerful and influential fraction of one percent. Now, I'll tell you there have been debates over the idea of a national primary date, but there's been no movement in that direction. So guys, for now, we can expect this same process to repeat itself really every four years with these early states leading the way.

KAYE: All right, Josh Levs, thanks so much.

HOLMES: Well, the holidays of course such a busy time with all the last-minute running around.

KAYE: We wondered what our troops are doing in Iraq for the holidays. From Iraq, Army warrant officer Jesse Birch joins us live to talk about the job he is going to be doing on this Christmas day.

Good morning to you.

WARRANT OFFICER JESSE BIRCH: Good morning, ma'am.

KAYE: How will this Christmas be for you compared to Christmas past? How long have you been there, is this your first Christmas there?

J. BIRCH: This is my first Christmas in Iraq. I did spend a Christmas in Kuwait before. This Christmas I'm going to be taking guard duty for a few soldiers so they can have a break off and let the officers take care of business for them for the day.

HOLMES: All right, well, sir, we certainly see stories and hear from the troops. It's always tough to be away from family anyway. We hear about some long deployments and whatnot. How much tougher is it around holiday time?

J. BIRCH: It's a little bit more hard because I definitely miss my wife, who I love very much, but we all have our job to do to take care of business and to make sure everything stays safe. So it is a little bit hard though, I must admit.

KAYE: How often do you get to talk to your wife?

J. BIRCH: I get to talk to her fairly often. E-mail almost every day, write her letters all the time. She writes me some letters as well. I get to talk to her enough that we can keep in touch, keep base. That way it's not going to be as hard when we get reunited to get to know each other a little bit again.

HOLMES: We understand you wrote a Christmas letter as well. I know several troops did this, but you wrote a Christmas letter. I think we have an excerpt from it. Let's put it up on the screen here so we can -- "For Christmas I would like, this is you writing, help acquiring some of the things needed for the nursery. Specifically, I will be working to finish building a nursery, securing the kitchen... instead of spending time with my sweet wife."

Now this was, you are expecting your first child. Is that right?

J. BIRCH: Well, our first child, unfortunately, was miscarried. But we are expecting this child to go full-term, no real complications. Just can't wait for the opportunity to hold my baby in my arms and know that it was created with my wonderful wife. Just really looking forward to going home for that.

KAYE: Well, we know that your wife is looking forward to it as well. The reason we know that is because your wife Erin is actually live with us today. We invited her in to say hello to you and wish you a happy, Merry Christmas, an early Merry Christmas. Erin, would you like to say hello to your husband?

ERIN BIRCH, WIFE: Hello, beloved.

J. BIRCH: Hello, my love.

HOLMES: Oh, that's so cute the way they're talking to each other.

KAYE: I know you're nervous. This is, of course, you know, live television. Is there anything you'd like to say to each other as we approach Christmas this year?

J. BIRCH: Absolutely. Erin, as I say all the time, I love you so much, and I'm coming home to you. I'm coming to you, baby.

E. BIRCH: I love you so much, my Jesse.

HOLMES: Well, I know, sir, you can't see. I don't think you have a monitor to see her, but I believe, ma'am, you can see your husband right now.

E. BIRCH: Yes.

HOLMES: I know you don't get to see him that often. I know you talk on the phone, but I don't know if you all get to do that video conferencing over the Internet. What's it like to see him live, if you will? You can see your hubby.

E. BIRCH: It's good. I miss him a lot.

HOLMES: How does he look to you?

E. BIRCH: Good.

KAYE: Now, when you get home, are you going to have any time with each other, or are you just going to focus on getting this nursery in order?

E. BIRCH: Well, we have to ...

J. BIRCH: I think we're going to spend a lot of time bonding and taking care of business, but there will be some time in the nursery.

KAYE: What will you be doing exactly on Christmas, then?

E. BIRCH: I'm actually up here in the Washington area visiting my family up here for a couple of weeks for the holidays. I'll see my parents and also I'll see the in-laws. They live in Virginia. So everybody's pretty close.

HOLMES: Well, guys, we are glad we could put you all together here, but we're going to have to -- we can't just leave it up and let you all keep going all day. We wish we could, but we will let you all have your last private moment here. We'll tune out for a second and let you all say good-bye to each other here this Saturday.

KAYE: All right, well, thanks so much, both of you, for joining us. Have a great holiday.

J. BIRCH: Thank you. Thank you so much.

E. BIRCH: Thank you.

KAYE: Witnesses putting their lives on the line for justice but get no protection. We will keep them honest.

(COMMERCIAL BREAK)

KAYE: No protection for star witnesses. States letting them fend for themselves despite threats against them. Sound hard to believe? It's happening across the country. We saw it firsthand in Colorado. We're keeping them honest.

(BEGIN VIDEOTAPE)

KAYE (voice-over): Javad Fields was a good kid, a recent college grad who never had trouble with the law. He planned to marry and move east. But on July 4, 2004, something Javad saw ended that dream. He witnessed his best friend's murder and decided to testify against these men, two were serving multiple life sentences for other crimes. All pleaded not guilty in this case. His mother says the men threatened her son repeatedly. Colorado prosecutors have filed more than 2,000 felony witness intimidation cases since 1998.

Still, Javad's mother says prosecutors did nothing to protect her son. Before he ever took the stand, Javad was murdered. The gunman fired 11 shots as he drove along this suburban road. In a flash, Javad and his fiancee, Vivian Wolf, both 22, were dead.

(On camera): Whoever killed Javad Fields had staked out his house and confronted him twice the day before he was murdered. One of those confrontations took place here at this sports bar. His mother says one of the suspects approached him, told him he was a marked man and told him he better watch his back.

Was your son ever told there was a witness protection program or a relocation program for him?

UNIDENTIFIED FEMALE: No. He was not told. There was no notification to my son at all.

KAYE: After Javad was killed, his mother confronted prosecutors.

RHONDA FIELDS, JAVAD'S MOTHER: I asked them, what happened, why wasn't there any measures to safeguard his life? And I was told that he never asked for any protection.

KAYE: Do you think it was your son's job to ask for protection?

FIELDS: No. I think it's the authorities' responsibility to notify witnesses of the dangers involved with being a witness.

KAYE: Prosecutors understood the danger. In June 2004, the D.A.'s office filed this order for protection, requesting Javad's personal information be kept secret. But it wasn't signed by a judge until one year later, after defense lawyers had already given the suspects this information along with other trial documents. Does that anger you that something so important to saving your son's life could just fall through the cracks like that?

FIELDS: I felt like the D.A.'s office used my son in a way to win their case, but did not take the proper measures to safeguard his life.

KAYE: Keeping them honest, we asked district attorney Carol Chambers why the ball was dropped on the protection order.

CAROL CHAMBERS, COLORADO DISTRICT ATTORNEY: The case itself changed hands, and the follow-up was not done.

KAYE: Chambers says that won't happen again and prosecutors now attach a notice about witness protection to every subpoena. But even that didn't start until two years after Javad's murder. Witnesses have been getting killed, though, for years so why wait until 2007?

CHAMBERS: It was rare.

FIELDS: It really saddens me.

KAYE: If Javad Fields had been relocated, his mother is convinced he'd be alive today. How many more, she wonders, will die before the program is fixed?

FIELDS: If we cannot protect witnesses, then we're really -- our whole government and justice system is just going to collapse. I mean, we're just going to have anarchy because no one is going to be able to -- people will just be able to do what they want to do.

KAYE: And witnesses will remain the prime target.

Randi Kaye, CNN, Denver, Colorado.

(END OF VIDEOTAPE)

HOLMES: All right, we will turn back to the holiday shopping season. If you're shopping for kids this holiday, then probably have video games on that list.

KAYE: For sure. Or for T.J. I know you love those games. But can you tell which games are right for your children or your co-anchor by just looking at the box? It is information you need to know and it's up next in the NEWSROOM.

(COMMERCIAL BREAK)

KAYE: Last-minute shoppers, listen up.

HOLMES: Yes, no doubt somebody on your list wants a video game. If you put off buying because you're just not sure which games are right, which ages, well our Fredricka Whitfield, yes you, I didn't mean to scare you like that. You're coming up next. But for now, she has some answers in this story.

(BEGIN VIDEOTAPE)

UNIDENTIFIED PERSON: Have a lovely holiday.

FREDRICKA WHTIFIELD, CNN ANCHOR (voice-over): Flying off the shelves, PlayStation, Wii, and halo. When you buy any one of the hottest items on America's holiday wish list.

UNIDENTIFIED PERSON: The orange box game.

UNIDENTIFIED PERSON: Halo and the heavenly game.

UNIDENTIFIED PERSON: It's the Mario.

UNIDENTIFIED PERSON: I don't remember the names. I just know it's something, something rabbit.

WHITFIELD: Is it clear to you the images and the messages on these video games before the purchase?

It's pretty overwhelming, yes?

UNIDENTIFIED FEMALE: Oh, yes. Especially for us.

WHITFIELD: Why is that?

UNIDENTIFIED FEMALE: Well we don't play video games.

UNIDENTIFIED MALE: That's why they have the ratings and stuff like that I guess so you know what to get.

UNIDENTIFIED FEMALE: When I purchase a game, I'll either let my brother or their dad watch the game, actually, or they'll play the game first to make sure it's not x-rated or anything.

WHITFIELD: A national poll indicates 72 percent of parents don't know what's inside the packaging of these games. Fingers firmly on the controller, 12-year-old Reginald Miller along with his 9-year-old sister Diamond are hooked. The reason? Shockingly clear. Tell me about this game. Why do you like it?

REGINALD MILLER, 12-YEAR-OLD GAMER: Because you get to kill people.

WHITFIELD: Speaking of making a killing, this is an $8 billion a year industry, outpacing the movie business. Game editor for Paste Magazine, Jason Killingsworth, no kidding, Killingsworth, says this is hugely popular among all ages.

JASON KILLINGSWORTH, PASTE MAGAZINE: Entertainment software association did a demographic test a little while back and they found that the average gamer age is 33. The people who are making these games are, you know, older and they're -- you get the sense that they're making them for their peers, you know. That they're not necessarily making them for their younger nephew per se.

WHITFIELD: He showed me. All right, this is video gaming for the novice one that would be me. Why it's all so in demand.

KILLINGSWORTH: Some of these games are so realistic it's incredible.

WHITFIELD: Oh, my. KILLINGSWORTH: Yeah.

WHITFIELD: That was rough.

KILLINGSWORTH: You can learn a lot just by looking at the rating on the game.

WHITFIELD: Oh, yeah? Labels mostly on front marked E for everybody, M for mature and T for teens, sounds simple enough.

KILLINGSWORTH: In some of the games you can actually turn the gore on and off. A lot of parents, you know, probably don't realize that. With Assassin's Creed, you know this is probably the most popular game this holiday season, you can actually turn the blood off.

WHITFIELD: But you won't know that until you make the purchase and open the package.

KILLINGSWORTH: Right. I mean, it's true. It's not advertised.

WHITFIELD: Despite some of the fail safes, there are still a few kinks to work out. But for now, choosey consumers can still deliver this holiday without anyone calling them a video killjoy.

(END VIDEOTAPE)

WHITFIELD: All right, video gaming. Are you guys into it?

KAYE: Love it.

HOLMES: Don't have time for it. Like it.

WHITFIELD: You do? OK, well then you're in the majority because the average age, as you saw in the piece, age 33, which is pretty remarkable. And even more remarkable, I guess more shocking to me, was that 25 percent of the market is over 50. So, of course, if your market is mostly the mature audience, then obviously most of the games available are for the mature audience. So that's why, if you're shopping for a young person, you've got to be wary of all of that.

Of course, all the young ins want what the big brother and big sister and parents want. And of course it is a big gift to get this holiday season, but you may want to wait until after the holidays. Because apparently according to some economists anything electronic, big, huge after-Christmas sales.

HOLMES: OK.

WHITFIELD: You may want to wait on that.

HOLMES: I will wait.

WHITFIELD: All right. And we're going to have that economist in the noon hour. We're going to be talking about shopping and deals throughout the day. Then also in the noon hour, secret Santa. Everybody has heard of at least one secret Santa, someone who is handing out $100 or perhaps even $2,400. Well, a special secret Santa gave out $1 million over the years.

HOLMES: Wow.

WHITFIELD: A reporter, Donna McGuire, talks about this secret Santa. While he died last year, his legacy lives on and so does the giving. Or at least the inspiration of his giving. So we're going to be talking with her.

HOLMES: That's a sweet story. He used to do it every year and he was sick last year actually but they kept it going. Sad story, but it's a good Christmas story.

WHITFIELD: Did I say happy holidays to both of you?

HOLMES: You didn't, you just went right into business.

WHITFIELD: Sorry, happy holidays.

KAYE: Thank you, Fred, you too.

WHITFIELD: Back at you.

KAYE: Don't tase me, bro. By far one of the most memorable stories of the year.

HOLMES: I just like to hear you say it, can you do it one more time?

KAYE: Oh no, you give it.

HOLMES: But where does that phrase, don't tase me, bro, fall in the top 10 quotes of the year?

(COMMERCIAL BREAK)

KAYE: With just over one week left in 2007, hard to believe isn't it? This is the time of year when people like to make up lists.

HOLMES: Yes, the most noteworthy people, the best and worst movies, most important events, blah, blah, blah, blah. Well our Jim Clancy has been making a list as well, of the most memorable quotes.

(BEGIN VIDEOTAPE)

JIM CLANCY, CNN INTERNATIONAL ANCHOR (voice-over): Number five, Alberto Gonzales, I don't recall --

ALBERTO GONZALES: Senator, I don't recall. Senator I don't recall. I do not recall. I don't recall.

CLANCY: Number four -- Don Imus, nappy headed what?

DON IMUS: That's some nappy headed hoes right there, I'll tell you right now. Ooh.

CLANCY: Number three, Iran's President Mahmoud Ahmadinejad, "We don't have homosexuals."

MAHMOUD AHMADINEJAD, PRESIDENT OF IRAN: In Iran we don't have homosexuals like in your country.

CLANCY: Number two, Miss Teen USA contestant. Don't have maps.

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