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Bobby Cutts Stands Trial; End of Writers Strike?

Aired February 11, 2008 - 15:00   ET

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

BOBBY CUTTS, ON TRIAL FOR KILLING PREGNANT GIRLFRIEND: Yes, he gets there. And he's...
QUESTION: OK. And what was your observation and interpretation as it related to Sergeant Weisburn?

CUTTS: He wouldn't asking me what I knew. He was -- he was looking at me like, you did something.

QUESTION: He interviewed you?

CUTTS: Yes.

QUESTION: How many times that day?

CUTTS: Twice, the first time at Jessie house. And I didn't tell him the truth because of the way that he -- when he got there, the way that he responded towards me.

And then he said, can the crime lab look at your truck? And I said,, yes, fine. Go ahead. Look at my truck. And then he said, I want to meet -- I want you and Patty ...

BRIANNA KEILAR, CNN ANCHOR: You're in the CNN NEWSROOM. And I'm Brianna Keilar.

And, right now, you are listening to testimony from Bobby Cutts Jr. He's a former Canton, Ohio, police officer who has been charged in the murder of his former lover, his pregnant lover, and also the mother of his 2-and-a-half-year-old son.

You may recall this happened back in June. Jessie Davis -- you see her picture there on the your screen -- went missing when she was very pregnant. And eyes turned to her lover, Bobby Cutts Jr. And at the time, as you may recall, Jessie Davis' mother discovered the couple's young son in the house where Jessie Davis had gone missing from. It was about a week later when they discovered Jessie Davis' body.

Police were led to her body by Bobby Cutts Jr. We're hearing him testify right now. And we're going to try to get some commentary coming up here in a little bit from attorney and law professor Avery Friedman. We're efforting to get him on the phone. But let's listen now again to some of this testimony.

QUESTION: .. the 15th, on Friday, right? CUTTS: Yes. I told him that I picked Myisha up and that I brought her to my house and she was supposed to watch Blake. But I didn't tell him all that other stuff, because I didn't think I could tell him anything.

When I called Myisha and I told her, I said, they know that Jessie is missing. And I don't want you to get in trouble. Until I decide what to do., just tell them that I brought you straight back to my house, because I didn't want her to be in trouble. So, I told her that.

QUESTION: Did you and Myisha speak anymore for the rest of that evening?

CUTTS: I don't...

QUESTION: To the best of your recollection.

CUTTS: I don't think so.

QUESTIONS: OK. Did you have any more dealings with the authorities for the rest of that evening?

CUTTS: No. But then the news media starts showing up outside of our house.

QUESTION: Is this also on the 15th?

CUTTS: Yes.

QUESTION: OK. Take us to the morning of the 16th, Bobby.

CUTTS: I hadn't talked to my family. They came by. They saw it on the news, and just everybody started calling me. They kept calling me and calling me and calling me. I didn't sleep?

I called Myisha in the morning, and I checked on her to see if she was OK. And I called her again to see if she was OK. And she said yes. And she -- she said that she would come by. I had to come pick her up. And I didn't pick her up. I didn't drive anywhere. After that, after I got home, I didn't drive anywhere. I didn't drive anywhere else.

QUESTION: At some point in time, did your cousin go pick her up?

CUTTS: My cousin Larry (ph). He came by. And he's friends with Myisha, and he went and picked her up.

QUESTION: And Myisha comes back to your home. Is that correct?

CUTTS: Yes.

QUESTION: And what was the purpose of that visit?

CUTTS: She came by to see if I was OK. That's why she came by. And I got a call from Weisburn asking me if I knew where Myisha was at. I said, yes, she's at my house. You can come talk to her. I had already assumed that he talked to her prior to that. I didn't know that he didn't talk to her.

QUESTION: OK. OK. Myisha leaves your home?

CUTTS: Yes. She left.

QUESTION: Did you have any further communication with Myisha?

CUTTS: She left and talked to Weisburn and I had Larry bring her back, and she was there with my -- and my mom was there. Everybody -- there was a lot of people at my house. But she was there. I don't even remember when she left, but she left.

QUESTION: OK. Did you have any further conversation with the sheriff's department, Sergeant Weisburn or the authorities on Saturday, June 16th?

CUTTS: Yes. I talked to Weisburn.

UNIDENTIFIED MALE: OK.

CUTTS: Because my mom wanted to go talk to Jessie's mom. She wanted to go and talk to her. So, she went and she talked to her. And then she came back and she said, while I was over there, Jessie's dad called, and he said he's going to kill you.

UNIDENTIFIED MALE: Objection.

UNIDENTIFIED MALE: Counsel.

KEILAR: You were listening right there to testimony of Bobby Cutts Jr. He's a former Canton, Ohio, police officer who is accused of killing his pregnant lover and also -- she was -- Jessie Davis there on the left of your screen -- she was also the mother of his young son.

You just heard him there, tearfully -- you just heard him there, obviously, a very tearful testimony. He had told the jury at this murder trial that what happened was, he went into the home. He was trying to pick up his son. He was telling Jessie Davis to hurry up, and he said that I guess that she grabbed him. He said that he got his arm free from her and swung his elbow and struck her in the throat.

Now, this happened back in June of last year. And Jessie Davis was missing for about a week. A lot of people in the Canton, Ohio, area on the hunt for her at that time out there searching for her. And it was ultimately Bobby Cutts Jr. who led authorities to her body. Now, at this point, though, he's pleading not guilty.

And we want to check in with Avery Friedman.

Now, I want to ask you, Avery, about the defense strategy, but, first, I just want to say, are you convinced, looking at this testimony, obviously very emotional, but is it believable? AVERY FRIEDMAN, LAW PROFESSOR: Brianna, not only is it believable, but he has basically testified that this murder has been committed beyond a reasonable doubt. This might be the most bizarre and revulsive testimony I have ever heard in decades of being involved in criminal trials and certainly doing commentary on criminal trials.

KEILAR: So, he is saying -- and he's pleaded not guilty to aggravated murder. So, what kind of defense strategy is it? I mean, basically, you're saying, what kind of defense strategy is it to get up there on the stand and, in short, admit to aggravated murder, right?

FRIEDMAN: Yes. Let me answer the question. The defense strategy is stupidity. What is overwhelming here is, I guess, the lawyers thought that Bobby Cutts might engender some kind of sympathy by taking the stand and trying to explain what in the world happened here.

But I think the strategy, as poorly thought out as it is, Brianna, has backfired in the worst possible way for this defendant. And let's listen back in for just a moment, Avery. Hang there with me. We're going to come back and talk to you about what Bobby Cutts Jr. is testifying to. But this is happening right now live. Let's listen in to this testimony.

CUTTS: And I told him the general idea of where she was at. I didn't know specifically where she was at. I just knew a general idea. And they said that I could stay back and they would go and find her. And I wanted them to find her. I wanted this all to be over. I wanted her family to have some closure.

QUESTION: Why did it take so long, Bobby? Why did it take eight days, nine days?

CUTTS: Because I still couldn't explain it. It wouldn't end. There was other things that happened that week.

QUESTION: Did you, in fact, take the authorities ultimately to Jessie's body?

CUTTS: Yes. But I was getting frustrated while we were going there because I couldn't remember where she was at. I just knew that it was the third row in a horseshoe and it was (INAUDIBLE) in the park. And we went, and we were searching, and I didn't remember exactly where it was at. Finally, we come over this hill, I see a dirt road. I'm like, there it is.

QUESTION: Did you have any idea, when you left Jessie there, that her body would decompose to the extent that it did?

CUTTS: No. There is no way I ever thought that her body would do that. I don't know. I mean, I'm not a doctor or anything. I don't know how fast a body breaks down, but I didn't think it would look like that. One of the reasons why -- another reason besides the closure, I wanted to prove that I did not kill her, that I didn't do what they were saying, aggravated murder. I didn't try to kill anyone.

QUESTION: Did you ever question express to anyone that you wanted to see Jessie gone because of this child-to-be?

UNIDENTIFIED MALE: Objection.

UNIDENTIFIED MALE: I will withdraw it, Judge.

UNIDENTIFIED MALE: Thank you very much.

UNIDENTIFIED MALE: Judge, if I may take one moment.

UNIDENTIFIED MALE: Take your time.

KEILAR: All right. We want to listen -- let's talk again to Avery Friedman, attorney and law professor, about this testimony here.

Now, you basically -- you just said to us, Avery, that you felt that this was sort of a defense of stupidity, because basically you have Bobby Cutts Jr., who is accused here of murdering his former pregnant lover, the mother of his 2-and-a-half-year-old son.

And I wonder how does the defense think that really they're going to inspire sympathy in the jury when they're basically -- they're asking him, why did it take you eight to nine days to tell police where Davis' body was, even talking about the decomposition of the body? Is this a smart strategy?

FRIEDMAN: Brianna, I can't image a worse strategy. This is just stunning. The testimony is appalling. He's disjointed. Recall in the earlier testimony, after the body was buried, he went home to take a shower. Then, after that, he decided maybe a little bit of basketball coaching, and then went to work.

It is just utterly appalling. It's revulsive. And how the defense team ever would think that this would somehow engender sympathy by this jury is frankly mind-boggling. But that's apparently what they're trying to do here.

KEILAR: And what would an alternative -- what type of alternative strategy do you think that the defense should be pursuing instead of this?

FRIEDMAN: Well, this is a very difficult case for the defense. The fact is that the evidence is overwhelming and on behalf of the prosecution.

DON LEMON, CNN ANCHOR: Avery, the attorney just gave the final question there. We are going to try to get it. Sorry. I didn't mean to cut you off.

FRIEDMAN: That's OK.

LEMON: We wanted to get the final question from the attorney in this hearing or this trial. And it looks like they're wrapping up here. I'm going to let you guys continue questioning, but I wanted to get the last question in, so the viewers could hear it. But, sorry. Go ahead.

KEILAR: Yes, it does appear that they have been wrapping up. So, if you can just continue, Avery, about an alternative strategy, you think, what would be a more successful strategy?

FRIEDMAN: Well, anything than what we have seen here. Obviously, remember that the standard rule in any criminal proceeding, that the burden is on the government to prove their case beyond a reasonable doubt. And, indeed, it looked very clear that they were going to meet that burden.

So, apparently, what the defense lawyers thought they were going to do is put this fellow on the stand to somehow trigger sympathy, and, frankly, it was the worst thing they could have done. In fact, to be honest with you, this case is going to go on to the court of appeals and a new defense...

LEMON: Hey, Avery, we want to listen in. There's cross- examination. Stand by, Avery, OK?

CUTTS: After I dumped her body, yes, I did, correct.

QUESTION: After? You knew Jessie lived in Lake Township, right? Yes?

CUTTS: Yes.

QUESTION: Yes? You have to answer, please.

CUTTS: Yes.

QUESTION: So, your experience with the Canton Police Department has nothing to do with this, because the Canton Police Department wouldn't have investigated this case. Is that correct?

CUTTS: That's correct.

QUESTION: You knew that, didn't you?

CUTTS: Yes.

QUESTION: Now, football at GlenOak had started the week before. In fact, you had actually been there a couple of times, right?

CUTTS: Yes.

QUESTION: But you said conveniently this time you forgot about it when Jessie called and said, watch Blake.

CUTTS: It just started.

QUESTION: The week before; yes or no?

CUTTS: Yes, it...

QUESTION: OK. Thank you. And you understand, sir, what is at stake here, don't you?

CUTTS: Yes.

QUESTION: And you had just agreed to play semi-pro football again?

CUTTS: Yes.

QUESTION: You work out quite a bit?

CUTTS: In the past.

QUESTION: How much do you bench-press, Bobby?

CUTTS: I don't bench-press.

QUESTION: You don't? You don't lift weights?

CUTTS: I lift weights, but I don't bench press.

QUESTION: How do you build up your muscles?

CUTTS: Well, I don't bench-press because of my shoulder, so I use the dumbbells.

QUESTION: Well, how much do you use when you bench with a dumbbell?

CUTTS: It all depends, 50, 60 pounds.

QUESTION: Now, I'm confused about something you said. Were all of your affairs when you were separated?

CUTTS: If you're -- no.

QUESTION: So, there were times when you saw Jessie that you were not separated?

CUTTS: That's correct.

QUESTION: And there were times when you saw Jill Butler that you were not separated?

CUTTS: That's not correct.

QUESTION: How about Stephanie (ph)?

CUTTS: No.

QUESTION: How about Denise (ph)?

CUTTS: There might have been a time I was still with Kelly (ph).

QUESTION: And Jennifer Sprout?

UNIDENTIFIED MALE: ... objection. UNIDENTIFIED MALE: Noted for the record.

CUTTS: Separated.

QUESTION: Now, you said Jessie sent you a text on June 10th. Is that 2007?

CUTTS: Yes.

QUESTION: About, what are you doing, right?

CUTTS: Yes.

QUESTION: And she said, you might have to take me to the hospital?

CUTTS: No. She said, I might have to get Blake because she had to go to the hospital.

QUESTION: OK. That's right. OK. But you heard her doctor testify that on June 11th she was happy, healthy without any complications or problems whatsoever, right?

CUTTS: That's correct.

QUESTION: So, that has nothing to do with why you went over there on June the 13th, that text message?

CUTTS: I didn't go over there on the 13th.

QUESTION: Or -- excuse me -- the 14th in the early morning hours?

CUTTS: That was so I could get my son, so she could go to work.

QUESTION: So, the text had nothing to do with it that you got on the 10th? That text message had nothing to do with why you went there in the early morning hours of the 14th, right?

CUTTS: That had nothing to do with the reason why I went to pick my son up in the morning.

KEILAR: You are listening to the testimony of Bobby Cutts Jr., the former Canton police officer -- Canton, Ohio, that is -- accused of killing his pregnant lover Jessie Davis -- Jessie Davis there on the left of your screen -- also the mother -- was the mother of his 2- and-a-half-year-old son.

Now, we heard Bobby Cutts Jr. testifying basically that this was an accident. And at this point, this is cross-examination going on right now. This is the prosecution asking question of Bobby Cutts.

One of the first questions they asked was, do you have a cold? Because I really don't see any tears. We had heard Bobby Cutts sniffling a lot. And this prosecutor also pointing out the skeletons, I guess, in Cutts' closet, pointing out that he had had -- had he had affairs, because Cutts has several children by multiple mothers.

Let's go now to attorney and law professor Avery Friedman.

And just before we move on from this story, Avery, I want to ask you, because we have learned the jury here is all white. Obviously, Bobby Cutts Jr. is black. The woman he is accused of killing is white. How do you expect that that would play out in this case?

FRIEDMAN: Well, interestingly enough, the defense team, Brianna, raised that issue. The trial judge decided to limit the jury pool to voter registrants. The defense team had asked to use a license registrations, which would broaden the base in order to increase diversity. That motion by the defense team, Brianna, was rejected. So, it will be one issue when this case goes to the court of appeals.

KEILAR: All right. Do you think that would be -- give them room for appeal, room for Bobby Cutts Jr. to appeal?

FRIEDMAN: Well, understand that anyone can appeal. They're going to raise the issue of a jury which is not representative of the greater population. I frankly think it's a weak argument, but it's an argument, nonetheless. But you also raise, which I think is very important, literally, within the first two minutes of cross- examination, the prosecution zeroed in on, you know, how he dumped the body, the kind of weights that he uses to -- used to prepare for semi- pro ball, the laundry list of affairs, having children out of wedlock, in wedlock.

They are painting this guy in the worst possible way. But, again, understand, that the second you take the stand is the second that you're subject to cross-examination. The defense team had to know it, but they're letting their client go forward anyhow.

KEILAR: All right, Avery Friedman, attorney and law professor, thanks for your insight on this case. We appreciate it.

FRIEDMAN: Sure.

KEILAR: And, for more crime news, you can check out CNN.com/crime. Our Web site has teamed up with truTV to bring you the best crime coverage on the Web. So, go inside behind the police tape and into the courtroom like never before at CNN.com/crime.

LEMON: And also we're going to have the very latest on those six co-conspirators, those terror suspects now being charged with the death penalty by the Justice Department.

You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

LEMON: Twenty-four past the hour. Three of the stories we're working on for you right here in the CNN NEWSROOM, a 19-year-old student is in critical condition. Another is in custody after a shooting today at a Memphis, Tennessee, high school. It happened during a phys-ed class. Police and school officials say an earlier gang-related dispute outside school may have started it all. It's the second school shooting in Memphis in a week.

McCartney vs. Mills, round two. Former Beatle Paul McCartney and his estranged wife, Heather Mills, are back in a London court for more divorce proceedings. It's estimated the case could bring the biggest divorce payout in British legal history.

And add-on in space, less than an hour to go before today's space walk is scheduled to end at the International Space Station. Two astronauts are now working to help attach a new European laboratory.

KEILAR: Writer Bruce Vilanch has come up with zingers for the Academy Awards show since the 1980s. Well, he's going to join us live to talk about the writers strike, the Oscars and beyond.

That's ahead in the CNN NEWSROOM

LEMON: Wave, Bruce. Hi.

(COMMERCIAL BREAK)

LEMON: All right, here is the question. Will Hollywood writers get back to work this week? Will it be in time to -- in time to salvage the rest of the TV season and of course the Academy Awards show.

Comedian and writer Bruce Vilanch has written for dozens of award shows, including the Oscars. He's been writing for the Oscars, you know, since -- I won't say how long. I will let him explain for you.

(LAUGHTER)

LEMON: He joins us now live from Las Vegas, where he's been writing zingers for Bette Midler's stage show premiering later this month.

What is it? Did you write for "The Divine Miss M" when that was a stage show?

BRUCE VILANCH, WRITER/COMEDIAN: I have been writing for her since the dawn of time.

LEMON: You have?

(LAUGHTER)

VILANCH: Thirty-seven years...

LEMON: Oh, my gosh, longer than you have been alive.

VILANCH: ... which is difficult, because she's only 32.

LEMON: Hey, listen, is this a done deal? Is this strike over?

VILANCH: Yes. Yes. It's over.

If it weren't, the wind would be blowing through my hair from the top of this building here in Vegas.

(LAUGHTER)

VILANCH: It's pretty much a done deal, yes.

The members of the guild have to ratify the thing.

LEMON: OK.

VILANCH: And what we're voting on tomorrow is whether to keep the strike going while everybody reads the deal, but I think that nobody wants to keep it going.

(CROSSTALK)

LEMON: OK, explain to us what everybody wanted. This had to do with sort of Internet stuff, right, technology stuff.

VILANCH: Basically.

LEMON: What everyone wanted and what everyone is going to get, what they were fighting for.

VILANCH: We were fighting for a piece of what they call the new media, which is Internet, which is every time you go online and something, some programming media gets streamed into your face, nobody has been getting any money off of that. And the people who created the content wanted the money.

And it's just like anything else. The studios resisted giving people money when television came in.

LEMON: OK. So, who gave -- did any one side give in, or was it a compromise? Are you going to get that?

VILANCH: This is a compromise, which it was always intended to be. It just took a while to get there.

LEMON: Yes.

Do you think you lost some folks, Bruce, with all of this? Because get really attached to their shows, to the characters, to their routines. Do you think you ticked off any people...

(CROSSTALK)

VILANCH: I'm sure millions. You never make up what you lose in a strike.

The last writers strike 20 years ago ushered in reality television. If you're sick of watching "Are You Smarter Than a Fifth Grader?" you have the last writers strike to thank, because that opened the door for all of that kind of stuff.

LEMON: That's what I was going to ask you, because I have been seeing premiers for shows. It was one I saw last night I saw about -- it was just -- I won't say, but it was just ridiculous. I'm like, what is this coming to?

VILANCH: You weren't watching the Grammys? Shame on you.

(CROSSTALK)

LEMON: It could have been a -- I was watching CNN programming, my friend.

VILANCH: Oh, I see. I didn't know you were on last night.

(LAUGHTER)

LEMON: No.

(CROSSTALK)

VILANCH: I thought everybody went down for the Grammys.

(CROSSTALK)

LEMON: I did see the Grammys.

But if you missed that great special on James Brown, you really missed a good one. But let me tell you -- and it ran on CNN last night.

Let me tell you this, though. Watching some of the promos that are coming up, these reality shows, I mean, it just seems like they were getting to the bottom of the barrel. How far were they going to go?

VILANCH: I know.

When they start picking things up off of cable, you know, if you see "Bridezilla" showing up about nightmare brides.

LEMON: Right.

VILANCH: But the best part is that CBS picked up "Dexter" off of Showtime.

LEMON: That's a great show.

VILANCH: And "Dexter" is about a serial killer. And we really watch him kill, serially.

(LAUGHTER)

VILANCH: So, I'm curious to see how they clean that one up for network broadcast.

LEMON: Yes, how are they going to put that on broadcast television?

VILANCH: Yes. So, they were borrowing stuff from -- from each other. But, fortunately, I think that is at an end and I think it's -- part of the reason that people wanted this deal so badly this week was not just the Academy Awards, but because they want there to be the end of a season. They want to see what happens to the "Desperate Housewives"...

LEMON: Yes.

VILANCH: ... and what happens to the people on the island. And they want Jack Bauer back.

LEMON: I've got to ask you this real quick. Do you think, respect-wise, that you get -- the writers get more respect from the producers and from the distributors than the people they write for, do you think?

Did you end up winning, do you think, in the end?

VILANCH: No. No. You never get respect from those people because they -- you know, it's like Lou Wasserman said years ago, do I pay my plumber every time I flush the toilet? It's the same thing. It's like do I pay you every time one of your shows is on the air? You put the show on, now why do I have to give you a residual?

LEMON: Yes.

VILANCH: So, no, you never get any real respect. And the reason that the writers strike drags on is because it takes forever for us to shut things down.

LEMON: OK, Bruce...

VILANCH: The directors never walk because they shut things down right away.

LEMON: OK. On a lighter moment here, I have to say that...

VILANCH: Lighter?

LEMON: Lighter. Well, I'm just saying, you know, you were talking about respect but...

VILANCH: Yes.

LEMON: Your t-shirts are a little crazy sometimes.

VILANCH: Yes.

LEMON: Can I say that? Yes?

VILANCH: Sure.

LEMON: OK. And then you've been known to dress up not like a man.

VILANCH: Well, I was in "Hairspray."

LEMON: Yes. VILANCH: In the part that John Travolta took in the movie...

LEMON: Right.

VILANCH: ... you know, where he look like Kirstie Alley before she cashed the Jenny Craig money.

LEMON: Right. Well, yes, we had...

VILANCH: I did that on Broadway...

(LAUGHTER)

VILANCH: And on the road for a year. So -- and I shaved for it and I -- I'll never go back.

LEMON: Which one is you? I can't tell. We have a picture up. I can't tell which one is you and which one is Joan Rivers.

VILANCH: I can't -- I can't see it. Which one is me and which one is who?

(LAUGHTER)

LEMON: Joan Rivers. I'm kidding.

VILANCH: Joan Rivers. It's usually Michael Moore that I'm mistaken for or Shelley Winters. That was then.

LEMON: Hey, Bruce Vilanch, we appreciate you joining us.

VILANCH: Thank you.

LEMON: And for folks who didn't know, besides the center square, you've done a lot of TV writing and -- years and years.

VILANCH: This is my 16th Oscar show, February 24th.

LEMON: Yes --

VILANCH: How about that?

LEMON: There you are, the center square. I asked you if you were. If you, you know, felt bad that the center square was no longer.

VILANCH: Well, the center square is now on "The View". It was Whoopi Goldberg. I was like left of center.

(LAUGHTER)

VILANCH: You know, if you thought you -- it couldn't get crazier than Whoopi, they just moved the camera over to me and I took up her slack.

(LAUGHTER)

LEMON: Hey, listen, give our regards to Bette Midler will you?

VILANCH: I will do that.

LEMON: It's always a pleasure. Thank you.

VILANCH: The show girl must go on.

(LAUGHTER)

LEMON: Thank you, Bruce Vilanch.

KEILAR: Well, help is on the way for many homeowners. Countrywide Financial is teaming up with a consumer advocacy group to help people stay in their homes.

And Susan Lisovicz is at the New York Stock Exchange with the details and also a look at the markets -- hi, Susan.

LISOVICZ: Hi, Brianna. I'm going to borrow from Bruce Vilanch's t-shirt and say this is a big deal. Countrywide is expanding its existing $16 billion initiative. It's open to borrowers who are current and late on payments. It's open to those with a troublesome fixed rate or not -- I shouldn't say fixed rate, but the ARM loans that have gotten so many people into trouble.

Terms depend on individual circumstances overall. Some options will be to refinance into prime rate loans, freeze the rate before the reset for another five years, reduce rates and develop short-term repayment plans. Last year, foreclosures surged 75 percent, as the biggest lender in the nation, Countrywide, got hit hard. They had to write-down millions of dollars of loans gone bad. Countrywide saw seven percent of its nine million loans delinquent at the end of last year. It was a crisis for everyone, including the company obviously -- Brianna.

KEILAR: But, also, Countrywide facing a big image problem, because a lot of homeowners who lost homes in Katrina say that Countrywide really let them down. So is this a goodwill effort or does Countrywide stand to benefit at all?

LISOVICZ: Well, it does stand to benefit in the sense that it needs to keep people in their homes. I mean think about it. If Countrywide foreclosed on all these homes, it would end up with a lot of unsold properties. The company's earnings have already been hit. Many jobs have been cut. Its shares declined nearly 80 percent last year. It recently agreed to be bought by Bank of America. It's nothing short of a crisis for Countrywide. And, in fact, its shares are up 2 percent. So there may be a lot of goodwill, but the fact is it needs to do this.

(STOCK MARKET REPORT)

LISOVICZ: One other thing is that we just got in the last few minutes that the price of a first class postage stamp is going up another penny starting May 12th. So it'll be 42 cents. I'm just kind of still dealing with the 39 cents, but that -- in May, you're going to have to change it again.

And in the next 20 minutes, if we have time, we're going to talk about McIdol. You know about "American Idol." We're going to talk about McIdol, Brianna. It's very entertaining.

KEILAR: McIdol. Very interesting. And on the stamps, what a bumper. I just bought, of course, a book of stamps.

LISOVICZ: Right. And they're -- that's why they have those forever stamps, right, that are timeless if you --

KEILAR: My -- I didn't -- of course I didn't buy forever stamps. No.

LISOVICZ: Neither did I.

KEILAR: No I bought the...

LISOVICZ: Neither did I.

KEILAR: ... whatever, the full price.

LEMON: Can you still do it, though?

KEILAR: Yes, you just add one cent. But, still, what a pain. All right. OK.

Susan Lisovicz, always good to see you. Thanks a lot.

LISOVICZ: Likewise, Brianna.

LEMON: Selling secrets -- details of espionage involving China.

You're watching CNN -- the most trusted name in news.

(COMMERCIAL BREAK)

LEMON: Different cases with alarming similarities -- the government is pursuing two spy cases -- one on the East Coast, the other on the West. Both involve military secrets. Both involve China. Let's sort all of this out now with CNN's homeland security correspondent, Jeanne Meserve.

Jeanne, you've got two big cases to cover here today.

JEANNE MESERVE, HOMELAND SECURITY CORRESPONDENT: That's right, Don. And both cases illustrations, officials say, of China's intense interest in gathering U.S. government and industry secrets by whatever means necessary.

(BEGIN VIDEO CLIP)

KENNETH WAINSTEIN, ASSISTANT ATTORNEY GENERAL: Two espionage conspiracies that reflect two very different schemes and approaches. One is the classic espionage network, complete with traditional elements of spy tradecraft, including four handlers, payoffs, cutout couriers and a compromised government employee -- all of which resulted in the penetration of our government's information security system and the passage of national defense information. The other is an effort to give intelligence taskings to an aerospace engineer who had a position in American industry that afforded him access to sensitive trade secrets on our military and aerospace programs.

(END VIDEO CLIP)

MESERVE: In the California case, an aerospace engineer who had worked for Rockwell and Boeing is charged with passing to China trade secrets related to the space shuttle -- the Delta 4 rocket and the C17 military transport aircraft. The indictment says that Dongfan Chung of Orange, California, a naturalized U.S. citizen, felt loyalty to China and wanted to make a contribution. Prosecutors also say he got some money for the information.

In the second case, too, money did change hands. Greg Bergersen, a weapons system policy analyst with the Defense Secretary Cooperation Agency, within the Department of Defense, is accused of passing secrets involving U.S. weapon sales to Taiwan to a Chinese American businessman. All these people accused appearing in court this afternoon -- Don.

LEMON: OK. All right, Jeanne, I've got to ask you, both involving military secrets, both involving China. So how far did they get? How much damage did these cases do?

MESERVE: Prosecutors refuse to quantify it. They said this is sort of a moving target, it's something they'll continue to evaluate. But it is very clear that espionage from China is a major problem. Some analysts are saying it has reached cold war levels now -- a big problem for the U.S.

LEMON: All right. CNN's Homeland Security Council, Jeanne Meserve. Thank you, Jeanne.

MESERVE: You bet.

KEILAR: All right, now, Bobby Cutts, Jr. -- this is a story that we've been following now for months. He is the former Canton, Ohio police officer who stands accused of killing Jessie Davis, the mother of his two-and-a-half -year-old son. Jessie Davis was pregnant with the couple's baby when she was killed last summer.

Let's listen to some of the testimony.

CUTTS: I was like, you know, this isn't real. It isn't happening. I can call Jessie and everything will be all right. I call her phone. I called her on phone.

(CRYING)

QUESTION: What did you do after you called her phone?

CUTTS: I left a message. I don't remember what I said now. But it didn't end. I was hoping that if I called her phone she would answer and this whole thing would be over. And it wasn't.

QUESTION: What did you do with the rest of your evening?

CUTTS: I couldn't be alone anymore. I was going crazy. I couldn't be alone anymore. So I decided to go coach. And I went and coached. And normally I would leave. I didn't leave. I stayed there. I stayed at basketball and I ran the clock for the second game. I knew I had to go to work. I didn't care about going to sleep. I just wanted this to be over.

QUESTION: Did you call Kelly?

CUTTS: Once I got home.

KEILAR: Now a long time friend of Bobby Cutts, Jr. testified for the prosecution last week that she went with him to a park where he dumped Davis' body. Now, coming up tonight, more on "NANCY GRACE". That's on "HEADLINE PRIME" at 8:00 p.m. for the very latest on this story.

(COMMERCIAL BREAK)

LEMON: The Dow in the plus zone right now. But falling stock prices and talk of recession have some people looking for different ways to invest. In this week's "Right On Your Money," well, we hear from a man who turned his love of super heroes and monsters into big bucks.

(BEGIN VIDEOTAPE)

STEPHEN FISHLER, PRESIDENT METROPOLIS COLLECTIBLES: My name is Stephen Fishler. I own Metropolis Collectibles in New York City.

CHRISTINE ROMANS, CNN CORRESPONDENT (voice-over): Fifty years ago, they sold for loose change. Now, comic books, movie posters and other vintage collectibles are big business.

FISHLER: This is worth about $75,000.

ROMANS: But Fishler didn't just suddenly cash in on this hot trend -- it's a lifelong investment.

FISHLER: I started collecting comic books when I was about 4 or 5 years old, and in the early '80s, I turned it into a business.

ROMANS: It's a business that could be a solid investing alternative to the Wall Street weary.

FISHLER: There are people who may have been burned by the stock market and they feel that they want to diversify. Rare comics and vintage movie posters are certainly options for them.

ROMANS: Fishler says some rare blue chip comics have outperformed blue chip stocks. The first-ever comic book featuring Batman sold for 10 cents in 1939. A mint condition copy today is worth $485,000. FISHLER: This is called our comic vault. There's probably about 200,000 books in this room.

ROMANS: But keep in mind, only a handful of these comic books can fill your bank account faster than a speeding bullet.

FISHLER: If people were to get into the buying and selling and investing comic books today, I would not suggest to jump into the market. I would take six months to a year to sort of bring yourself up to speed. My secondary advice is buy what you like. Buy what you appreciate. Buy what you enjoy. And if it turns out to be an investment, so much the better.

ROMANS: Christine Romans, CNN, New York.

(END VIDEOTAPE)

KEILAR: Americans are coming back into the country and they're giving up all of their personal information.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He said even if you deny to log me in, I will force you to log in. And, you know, so I had no choice.

(END VIDEO CLIP)

KEILAR: Could you be cyber searched at the border?

(COMMERCIAL BREAK)

LEMON: All right, you see the big CNN.com sign, right? We're going to check and see what's clicking at CNN.com for all the dot- comers -- some of our most viewed videos.

Artificial sweeteners meant to cut calories, well, they may be making us fatter instead. A new study suggests they may somehow make us overeat or trick our body's digestive system.

Memphis seeing its second school shooting in a week. A 19-year- old is in critical condition after another student opened fire on him in gym class.

And a different kind of foreclosure fallout in Denver. A woman's home is flooded after the pipes burst in the foreclosed vacant home next door. You can link to all of these top 10 lists from the front page of CNN.com.

KEILAR: Well, the next time you go through Customs, you might want to think about this -- agents can seize your laptop and there's really not much you can do about it.

Here's CNN's Jeanne Meserve with more.

(BEGIN VIDEOTAPE) MESERVE (voice over): Computers are Amir Khan's business. The Pakistani-born U.S. citizen is an I.T. consultant and always travels with at least one. But on five occasions, he says Customs and Border Protection agents searched his computer when he returned to the U.S. from overseas. He says they even forced him to give them access to confidential company data.

AMIR KHAN, I.T. CONSULTANT: He said even if you deny me to log me in, I will force you to log in. And, you know, so I had no choice. So I said, you know, can you at least show me what you're doing. But he didn't -- you know, he just didn't listen to me and he just turned the laptop to -- so in a direction that I can't see.

MESERVE: Other travelers tell similar stories. Some even had electronic devices confiscated and never returned -- laptops, cell phone, BlackBerries -- often chockfull of highly sensitive or personal information.

DAVID COLE, GEORGETOWN UNIVERSITY LAW CENTER: Is it really like the same thing as opening someone's luggage or bag and rifling through to see whether there's any contraband in it or is it more like a strip search?

MESERVE: To search your house, the police need probable cause to believe you have committed a crime. Not so with Customs and Border Protection searches of computers. A spokeswoman says the agency has "broad search authority at the borders to determine admissibility or look for anything that may be a violation of criminal law." She insists the agency does not racially profile, but will not say how it picks which electronic devices to search or what is done with the information inside. Some civil liberties groups are suing for answers.

MARCIA HOFFMAN, ELECTRONIC FRONTIER FOUNDATION: Who they share it with, whether it's ever destroyed, whether citizens have any ability to get that information back.

MESERVE: Amir Khan wants those answers too because traveling without a laptop is simply not an option.

KHAN: And it's like -- like a wallet, right? You need your wallet everywhere you go.

MESERVE (on camera): While the balance between security and civil liberties is sorted out in the courts, the American Association of Corporate Travel Executives recommends that you keep as little personal and proprietary information as possible on any computer you travel with, if, like Amir Khan, you can't leave home without it.

Jeanne Meserve, CNN, Dulles International Airport.

(END VIDEOTAPE)

LEMON: And look at that. You want a song with that? McIdol. That's what McIdol is. And the closing bell is straight ahead.

(COMMERCIAL BREAK) LEMON: It's not quite the top of the hour, but we'll check in with CNN's Wolf Blitzer.

KEILAR: That's right. He's standing by in "THE SITUATION ROOM" live from New York today to tell us what's coming up at the top of the hour.

Hi, Wolf.

WOLF BLITZER, CNN ANCHOR: Hi, guys. Thanks very much.

Coming up, one day before the Potomac primaries -- Virginia, D.C. and Maryland -- they're all heading to the polls. Our guests include the governor of Maryland, Martin O'Malley, and the former governor, Doug wilder. They'll tell us why they're each supporting a different Democratic presidential candidate. Mike Huckabee compares Republicans in Washington State -- at least the Republican Party leadership -- to the Soviet Union. What he said and why he's so angry about the vote count there.

And it could happen to you -- airline passengers are suing after the government searched and confiscated some laptops iPods, BlackBerries and a lot more. All that, guys, coming up right at the top of the hour here in "THE SITUATION ROOM."

LEMON: All right, Wolf.

KEILAR: All right, thank you, Wolf.

And the closing bell is about to ring on Wall Street.

LEMON: That means Susan Lisovicz is standing by with a final look at this trading day for us.

Hey, Susan.

LISOVICZ: Hi. Before we get to the numbers, let's talk about the numbers behind something that we're calling McIdol. It's technically called the Voice of McDonald's. But it is a contest that McDonald's has put out to all of its 1.6 million workers worldwide for the best singing voice. And we actually have a few of the American finalists, if we can hear them sing.

UNIDENTIFIED FEMALE (SINGING): ... fall to pieces.

LEMON: Wow!

UNIDENTIFIED FEMALE (SINGING): How can I ...

UNIDENTIFIED MALE (SINGING): Darling, stand by me, oh stand by me...

LISOVICZ: "Stand By Me," always a favorite. And those are the three Americans of the 14 finalists. There were 3,600 singing McDonald's worker, guys...

LEMON: Some of those...

LISOVICZ: ... who submitted video. This is not bad, right?

KEILAR: No.

LEMON: Some of these people should not be working at McDonald's.

(LAUGHTER)

KEILAR: Certainly.

LEMON: They should be singing.

LISOVICZ: I think that's the idea.

LEMON: Yes.

LISOVICZ: There's a $25,000 prize and the winner will be picked at the McDonald's convention in April in Orlando. So maybe they'll be working at Disneyworld (INAUDIBLE).

LEMON: Is a lot of cash involved?

LISOVICZ: Twenty-five thousand.

LEMON: Twenty-five thousand smackaroonies.

KEILAR: Twenty-five grand.

LISOVICZ: Yes. So that's not too bad.

LEMON: That'll buy a lot of Big Macs.

(LAUGHTER)

LISOVICZ: It will make a very happy meal.

(STOCK MARKET REPORT)

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