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Detectives Acquitted in Groom's Slaying; Iran Accused of Stepping up Support of U.S. Enemies

Aired April 25, 2008 - 10:00   ET

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

DEBORAH FEYERICK, CNN CORRESPONDENT: You can see the officers here. and just, if you go - if you look back here, this is where -- there was supposed to be a press conference there. That's how it has been organized. Reverend Sharpton, the families, they would come out, they would speak, they would address. The fact that they said nothing after this was all over really speaks volumes. The indication that they are as shocked by this verdict really as anyone is.
Now, I want to tell you that one of the things the judge said when he came out, he said that the officers really did have a sense of a perceived threat, that when they began firing, one of the officers saw one of the people in the car reach for what appeared to be a weapon. And that was probably critical. Also critical was the fact that the judge simply did not believe that some of the testimony of those who were there, specifically the two men in the car. Now, clearly, the detectives in all of these, clearly a sense of relief. Michael Oliver who fired 31 shots, he was quoted saying he didn't even remember firing his first clip when he reloaded. He thought there was a problem with his gun that it had jammed and that's why he switched.

BETTY NGUYEN, CNN ANCHOR: But hold on Deborah. I don't know if can you hear me. But as you talk about Officer Oliver, yes, 31 shots. Was with this the first time that he had fired his gun?

FEYERICK: Absolutely. The judge most likely took that into consideration. None of these officers had really been involved in anything like this. And this is George Lerner who was inside the court. And I want George to talk about the demeanor of the police officers. Because it was striking, the difference between Michael Oliver who fired the 31 shots and Gescard Isnora who is an African- American who fired 11 of the shots, who really sort of began this.

GEORGER LERNER, CNN PRODUCER: It was striking. These men were either facing the same charges, manslaughter in the first degree, manslaughter in the second degree. Very serious charges with up to 25 years in prison. Yet, Michael Oliver came out and looked almost casual. Calm. Collected. Talking casually with his attorney. Whereas, Gescard Isnora had his head in his hand, very sullen, a grave demeanor. Their difference has been striking throughout the case.

FEYERICK: And that's particularly interesting because, obviously, this is not over. The federal authorities are going to start looking at this case and see whether there were civil rights violations. The head of the NAACP did come out. They had a group of people here, very calm, waiting for word. The head of the NAACP did come out earlier to say just how terrible this verdict was on their behalf.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This case is not about justice. It is about the police officers having the right to act above the law. If the law is in effect and if the judge followed the law truly these officers would have been found guilty. If you look in the New York state penal laws, justification, must be a threat to oneself or someone else. That threat was never proven in this court. We failed to understand how a judge would sit on a bench and come back with an acquittal verdict when none of the elements of justice was met in this court.

(END VIDEO CLIP)

FEYERICK: The judge made it very clear when he was reading the verdict that this was not about condemning the behavior of the families and not about them. That this is really about the three detectives and what had happened, what had transpired on that night. The detectives had stayed very quiet about this, choosing instead that the spokesman from the endowment association. Today, the PDA spokesman decided to step up to the mike and give his side of the verdict.

(BEGIN VIDEO CLIP)

PATRICK LYNCH, NYC PATROLMEN'S BENEVOLENT ASSN.: Today we are grateful that this court ruled on the evidence presented in this case. But with this case, there's no winners. There's no losers. We still have a death that occurred. We still have police officers that have to live with the fact that there was a death involved in their case. But nonetheless, this sends a message to New York city police officers that when you were in that position, when you are in front of a courthouse, when you are in front of that court bench, that you will get fairness.

(END VIDEO CLIP)

FEYERICK: Now, Nicole Bell the fiancee of the man who was shot and killed the driver of that car, she has fired a wrongful death lawsuit against the city. That would stay pending the outcome of this trial, whether in fact that will impact how they perceive, but again, the federal authorities will look into see whether there have been any civil rights violation. Betty.

NGUYEN: Yes. There's much more to come on this case. Deborah Feyerick joins s live from the ground there, outside the courthouse. Deborah, thank you.

TONY HARRIS, CNN ANCHOR: CNN producer Sarah Holbrooke is on the phone with us. She is actually walking with Reverend Sharpton's group right now. Nicole Bell, a part of the group. William Bell, Sean Bell's father, is with the group also. Boy, sir, if you would, has Reverend Sharpton or Nicole Bell, have either of them said anything at this point?

VOICE OF SARAH HOLBROOKE, CNN PRODUCER: No, they haven't aid anything. They just have been walking in a big crowd of people. It has been very orderly until about 30 seconds ago. When it looks like a fistfight broke out between some supporters and I'm not sure who else. Now they have gotten in a car in a Navigator, a black Navigator and driving up the street very slowly, pass all the (cordion) and it seems like they are getting out of here in a safe manner at this point. Although about 30 seconds ago I thought we were all done for. It was pretty scary.

HARRIS: What do you mean you thought you were all done for? What was going on?

HOLBROOKE: I'm telling you there was a huge crowd of people moving. At some point they were held back by flanks of police that were holding elbows and then the police ran out because the people kept moving forward. And there just weren't enough police bodies in that area to keep everybody safe. Or to keep the police line going.

So, at that point it was Reverend Al and all of the people who had been involved in the court case just moving freely along the street on the other side of all of the crew vans that are lined up against the curb. And then, of course, with all these supporters marching and shouting and chanting and saying - police officers who were around. It is an angry crowd at this point. At one point, right in the very center of where the crowd was, with the Reverend Al, a few people started scuffling and it became quite a -- it was like maybe three rugby games all together.

ROBERTS: Sarah, who was fighting whom? What was this? Was the anger and vitriol and was it being directed to the police officers? Was it being directed to some other group that was applauding the acquittal? I'm trying to understand who was against who here?

HOLBROOKE: I can't begin to tell you. I didn't see anyone in uniform fighting. Frankly, it just seemed like a big group of people. Just people who are in regular street attire, that sort of thing. That the person in the center, if it was police officer I can't tell you because we couldn't see that.

HARRIS: Got you. Got you.

HOLBROOKE: So the density of bodies here is just incredible.

HARRIS: Sarah, where are they going?

HOLBROOKE: They drove on Queen boulevard. I'm not sure where they are going from here but that definitely away from the courthouse.

HARRIS: All right. Sarah Holbrooke, our CNN producer. Sarah, appreciate it. Thank you. A lot of legal questions to soar through here in the Sean Bell verdict.

Legal analyst Sunny Hostin with us from New York to walk us through all of this. and Sunny, I want to come back to some points I think we both understood this was no slam dunk. If folks thought that this would be an easy conviction to win for the prosecution. I never really saw it that way. And I'm sure you didn't see it that way. But I do need to know more about the judge's considerations in all of this. When we talk about demeanor of the witnesses on the witness stand. What's the judge saying there? Were they high? Were they drunk? What was -- what as the problem? Did the prosecution -- again, prepare these witnesses for what was a very serious, very somber proceeding?

SUNNY HOSTIN, LEGAL ANALYST: You absolutely prepare your witnesses. And I'm sure that the prosecutors met with these witnesses not once, not twice but probably upwards to five to ten times. But you never know how someone is going to react on the witness stand. And then quite frankly as a prosecutor you're going to conduct the direct examination but you don't know what the cross-examination is going to be like. And you don't know how your witness is going to react to it. I think when the judge says I was looking at the demeanor of the witness and I didn't believe it, again, that's a credibility determination the judge has got to make and when you do that, Tony, you are going to also be looking at whether or not they are sweating, whether or not they are fidgeting, that sort of thing.

HARRIS: But that's -- how can that ultimately be determined? ,This is a court. This is high pressure. I know it can be weighed as a factor. I'm just a little dubious on that. And go ahead, Sunny.

HOSTIN: And let me say this. When it is a jury trial, jurors are asked to not forget their common sense and the tools that they use in every day life. To sort of, you know, determine whether or not they believe someone. This is a judge that's going to be 76 years old in 2009. He's an older judge. He has been around before. And this is not his first high-profile police sort of brutality case. And he held against the police in one case. And so this is a judge that has a very good reputation for being fair and right down the line. And so, when he says I was looking at this person's demeanor and I didn't believe him, I think that's something that, you know, people should take at face value.

HARRIS: So, when the judge says I don't believe you. Joseph Guzman, he's essentially saying the officers did identify themselves. You could have complied more or better and you didn't.

HOSTIN: It could be and again we don't know exactly what he meant at this point when he says - you know.

HARRIS: That has to be part of it.

HOSTIN: I think so. I think so. And you know, again, when I reviewed the transcript from when Guzman testified. He was very combative. He said things to the questioning attorney like this. It should happen to you family. And when the judge look at that sort of thing and also prior history, prior convictions. I mean, if this person was someone that, was a crack dealer or a drug dealer. He has a different type of history.

HARRIS: I have lived a - Sunny, I have lived a horrible life. I have done a lot of bad things but guess what on that night, I didn't do anything to deserve getting shot. HOSTIN: And that may have been his testimony but again the judge is going to look at him and determine do I believe that? But the trial fact I should say, it could have been a jury, do I believe this person? Even with that history, I remember as a prosecutor, I sometimes have to put on witnesses that had really unsavory backgrounds because birds of the same feather, sometimes flock together and so witnesses that are out late at night for certain crimes do have unsavory past. But you know what, a lot of juries believe them. So, really it depends on the persona nd this judge said, I don't believe this.

HARRIS: And I would not want to put myself. Let me be clear about it. I wouldn't want to put myself in the position of those officers having to make that decision at night.

HOSTIN: This is a terrible case for everyone. And the other thing that I want to mention. I sort of been on blackberry with the former first detective from Queen and he said this thing, you know, this thing probably happened in less than two minutes. And he said, I could fire off my weapon in a case like this in 20 to 30 seconds. So, this is the type of case that this was. This is not something that happened a long time. These are judgments that are made, for better or for worse, very, very quickly. This is not a good outcome for anyone. These officers lives are changed horribly forever.

HARRIS: And those officers have families. And look. Let me say it again before the e-mail start flying in here. I would not want to be in the position of those officers. Am I clear? Am in on the record on that, Sunny.

HOSTIN: Same here. I mean, this is a terrible case for everyone.

HARRIS: Sonny, good to talk to you. Stick around.

NGUYEN: Terrible case all around without a doubt. But you know, at the center of this deadly shooting is one question -

Did the police follow proper procedure?

Mike Brooks is our law enforcement veteran. He serves as our security analyst and Michael, let's take our viewers back to that night, all right.

MIKE BROOKS, SECURITY ANALYST: Sure.

NGUYEN: So, Sean Bell comes out of the club, his bachelor party and there's a bit of an argument and one of the guys, Guzman, his friend, Joseph Guzman, said yo, I'm going to go get a gun. OK. Is that cause enough for the officer to start following them and really keep an eye on them/

BROOKS: Absolutely. If someone says they have a gun --

NGUYEN: You don't see anything. It's all talk. BROOKS: That's OK. That's OK. For Brado, I'm telling you, somebody says I'm going plainclothes working undercover and there is an argument. Them or with someone else and they say I'm going to go get my gun. I'm a police officer. You are not supposed to have a gun in the city of New York unless you are a police officer or licensed to carry one. They follow them outside. And then that's when everything started.

NGUYEN: OK. Yes.

BROOKS: Did they identify themselves?

NGUYEN: Right. And that's what I want to get to. OK. So, they're in the car, these three guys, Sean Bell, Joseph Guzman and the other friend in the backseat in this vehicle. An officer comes up gun, his gun is right there in the open. He's headed toward the care. The question is did he tell them I'm an officer?

BROOKS: They said they identified themselves as officers. Now...

NGUYEN: That's what the police officer said.

BROOKS: That's exactly right. But you know, then you've got three other stories. You got Sean. He's not telling any story right now because he is dead. But you've got the other witnesses and what the judge said is apparently, he believed the officers, the detectives. I want to make that distinction because you just don't- you're not just given a gold shield in New York City. You have to work your way up to that. This means experience, knowledge, skills, abilities.

So, these are three detectives now. It's their word against the other two witnesses. The judge said hey, I believe these detectives and their story and they seem to be more credible than the other witnesses. So that's what it came down to. And I have to agree with Sunny. She was talking to a detective in law enforcement for 27 years. And you can fire off that many rounds extremely quickly. Extremely quickly. I can take my glock. I carry glocks, and depending on what model hey have, you can have up to 19 rounds in one magazine.

NGUYEN: All right. We will get into the shooting in just a second. But here is what prompted that. Sean Bell see this guy plainclothes, coming up to his car with a gun, he hits the gas, he's getting out of here. I man, any person in their right mind would if you didn't know that was an officer, right?

BROOKS: Right. As soon as he drew the weapon, me, if I was drawing my weapon and I think somebody has a gun I'm going say please, put your hands where I can see them. That kind of thing. Then go from there. And then maybe they didn't hear him, maybe there could have other hollering and screaming going on. And maybe he didn't believe that he was a cop. You know, so then...

NGUYEN: OK, then the shoot-out occurs. We've got one officer, Officer Oliver who unloads 31 shots. Then -- actually, during that time he has time to, you know, release all of that and then reload again.

BROOKS: That takes a second, not even a second --

NGUYEN: But what is procedure when it comes to shooting at a potential suspect if have you not seen any kind of gun pointing at you.

BROOKS: If that officer, those detectives told those people to put their hands where they can see them and they did not -- did not do what they told them to do and they thought that the officers feared, the detective feared his life was in danger, maybe someone reaching down under the seat, he has the right, if he decides to go ahead and use deadly force. If he thinks his life or the lives of his fellow detectives are in danger.

NGUYEN: Is it a case of contagious gunfire?

BROOKS: I don't think so. I don't think so. I think that when -- you get down to weapons discipline, it is called. And the detectives, you are taught not -- if somebody fires, you want to make sure that you think that you are endangered and if they thought that once of those people have a gun. It's very, very close quarters, Betty. And it's just split second decision. they thought one of those people had a gun, it is very close quarters. Split-second decision.

NGUYEN: But Michael Oliver never fired his gun before.

BROOKS: That's true.

NGUYEN: That is another thing that came into question. So, if you are not seeing bullets coming your way, you're not hearing them come your way, you can still continue to fire under law, under procedure.

BROOKS: Well, that's the whole thing. And that's the -- what's probably at -- very, very important in this case. Did you say your life was in danger? One of the other officers, I don't know the exact positions around the cars that those officers were. Could one of the officers been thought they were being fired at from one of his fellow detectives? That's a possibility. You shoot until your target is neutralized. And they did that.

NGUYEN: All right.

BROOKS: Again, just -- you know, at the end of the day, there are no winners here. There are no losers. There is still a dead person. And a woman who is grieving over her fiancee.

NGUYEN: No doubt. All right. Michael Brooks, we do appreciate your information here.

BROOKS: Thank you, Betty. NGUYEN: Of course, we are going to have so much more on this. And we do want to let you know that if you have any information, the i-report, anything additional, do send that to cnn.com. Because we are going to continue to follow this. I fact, if you want to see more information, you can always watch it here and also go to cnn.com/ireport for additional information on this case.

So, here is the question for a lot of folks watching this. Who was Sean Bell? I want to give you a closer look at that. He was 23 years old when he was killed. He was unarmed at the time of the shooting. That day was November 25, 2006. The shooting took place just hours before his wedding. He leaves behind a fiancee and two daughters.

HARRIS: And also making news this morning, Iran being accused today of stepping up its support of U.S. enemies, specifically Iraqi insurgents and militants in Afghanistan. The latest on this now from our Jamie McIntyre following the story from the Pentagon.

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT: Good morning, Tony. You know, Iran has publicly pledged to stem the flow of arms across the border into Iraq. But today the chairman of the Joint Chiefs said that there's no evidence that Iran is following up on that promise. In fact, specifically he cited the influence of Iran in the recent Iraqi government offensive in Basra where Iran was supplying and training some of the Shia militias down there in the south. And he also cited the recent discovery of new armed shipments into Iran, from Iran into Iraq with weapons that were dated, showing they were recently manufactured. Showing they just came into the country. Now, Admiral Mike Mullen says that he still thinks the U.S. should use the financial, economic, international pressure to try to combat the problem. He also said that military options are still on the table.

(BEGIN VIDEO CLIP)

ADM. MIKE MULLEN, CHAMN, JOINT CHIEFS OF STAFF: I have no expectation that, you know, that we are going to get into a conflict with Iran and in the immediate future. But I am concerned over time just in these last couple of years, you know, the tensions continue to rise. Iran does not respond. And in fact, they seem to be ratcheting it up in terms of their support for terrorism. And I am concerned about where that goes in the long term.

(END VIDEO CLIP)

MCINTYRE: You got the Joint Chiefs Chairman comments coming the same week that the Defense Secretary Robert Gates put it very starkly. He said quote, "Iranians are killing American servicemen and women in Iraq. Point blank. And that's the problem."

Later, next week and the weeks to come we are expecting General David Petraeus in Iraq will lay out more evidence of further Iranian involvement in Iraq. But what's not clear at the moment is what more the U.S. can do about it.

HARRIS: Boy, Jamie, I was struck by that comment, too in that news conference. Boy, nothing unclear or muddied about that statement from the Secretary of Defense. Jamie McIntyre at the Pentagon for us. Jamie, thank you.

NGUYEN: You know what, you can never underestimate the value of knowledge. We know you have questions specifically about your money. Gerri Willis has the answers for you. She reads you e-mails.

(COMMERCIAL BREAK)

HARRIS: And good morning again, everyone. You are in the CNN NEWSROOM. I'm Tony Harris. Leaving home, more buses on the highway, more heartbreak in San Angelo.

(COMMERCIAL BREAK)

NGUYEN: Reaction coming into the verdict in the Sean Bell case where all three officers have been acquitted on all accounts. In fact, we are getting reaction from Mayor Michael Bloomberg. Let me read you a bit of a statement that sent out "There are no winners in a trial like this. An innocent man lost his life, a bride lost her groom. Two daughters lost their father. And a mother and a father have lost their son. It goes on to say the Judge Cooperman's responsibility, however, was to decide the case based on the evidence presented in the courtroom. America is a nation of laws and though not everyone will agree with the verdict and opinions issued by the court, we accept their authority."

So, that reaction coming from New York Mayor Michael Bloomberg. And I know you have reaction of your own as you've been watching this. If do you, you want to express that if you want and just read some of the reactions from others that have been watching today. Here is what you do, you go to cnn.com/ireport.

HARRIS: What do you say, we take everyone to the New York Stock Exchange right now. Betty and take a look at the big board. Boy, that's flat. That's a flat day. What's the volume? What's that look like? How many shares being traded? Like I would know whether that's busy or not so busy. As you can see, the Dow is in plus territory now. On the rise here at three points. The Nasdaq at last check was down about 15, 16. We are following the markets with Susan Lisovicz throughout the morning here at the CNN NEWSROOM.

Gas prices while you were sleeping, they shot up another two cents overnight. We are paying nearly 14 cents more than we were in the beginning of the week, people. The week. AAA reporting a gallon of regular unleaded now averaging nearly $3.58 a gallon. Premium goes for $3.93. And diesel off the charts at $4.23.

NGUYEN: Well, credit scores. We'll talk about them for a second because hydrogen fuel cars, and the upcoming IRS rebate checks, you know these are a number of things that matter to you. In fact, you have a question about many of them. So, here to answer the e-mails,, CNN's personal finance editor Gerri Willis. All right, Gerri. Let's get straight to it shall we.

GERRI WILLIS, CNN, PERSONAL FINANCE EDITOR: OK. Let's go. NGUYEN: First up, technique in Texas. If you are currently on a payment plan with the IRS and all payments are current, will the IRS keep your stimulus check?

WILLIS: You know, the IRS says if you owe taxes to the federal government the money will be used to cover your debt even though you are current on your payments. Hey, you still owe money to the government. If you are delinquent on student loan debt, and if you've been delinquent on student loans, death, mistrials, support payments or you owe back taxes, you probably won't see your stimulus check either. If the amount you owe is more than the rebate check. If you have any questions or you want more info on the stimulus check, contact the IRS at 1800-8291040. Hey, don't forget, you know those checks are going to come out sooner than expected. The President just announced that today. If you have direct deposit you could get your check as early as Monday. Some good news.

NGUYEN: Yes, if you need to spend it which the president is hoping a lot people will. Although, Gerri, as you know, people have a lot of bills to pay off.

WILLIS: I think that's the better way to go.

NGUYEN: Yes. That's what you would advise, isn't. All right let's get to Charles because Charles writes this "I just got a small settlement and it will pay off my credit card in full. However, my FICO is 734. I want to increase that. Do i pay it off or just pay some of the balance and put the rest in savings?

WILLIS: 734 is nothing to sneeze at. That's a great credit score. If you want to improve it even more put the money towards paying off the credit card. Your Credit card interest rate is higher than what you would make if you put your money into a savings account. Once you paid off the debt your next priority has to be boosting your savings. Define high yield banking accounts, bankrate.com and get great advice there.

NGUYEN: We have been talking about gas prices for months now. They keep going up. A lot of people getting rid of their SUVs. Some people taking bikes. Tony was talking about that the other day. Trading in his minivan for a bike, but there's a question from AF in New York.

WILLIS: Can we bring a camera to that?

NGUYEN: Exactly.

HARRIS: Can you back up to the mini can. Right.

NGUYEN: I've asked him if he could give me a pump to work a few days of the week. Anyway, here is a question from AF in New work and he says how do hydrogen fueled cars differ from hybrids?

WILLIS: Well, OK. I feel like the World Book Encyclopedia today. Hybrids use both an electric motor and a traditional gas motor. On the other hand, hydrogen fuel cell cars use hydrogen as fuel. That hydrogen then produces electricity that powers the car and fuel cell car. There are no emission which is is not true with the hybrid. However, there are only a few prototypes of hydrogen fuel cell cars out there and they could take another ten years to get a full rollout of the hydrogen fuel stations. And as the gas prices continue to hit record highs, our viewers. Hey they are weighing in with their own tips.

This one is from Michael of San Diego. He writes - I'm quoting him. "saving gas is a matter of proper behavior behind the wheel. Increase your following distance and use your brakes only when necessary."

Pretty good stuff. We have such smart viewers. And of course, if you have any questions or you have a few tips you want to share with everybody, send them to us, send an e-mail to cnn.com. We love hearing from you. We answer those e-mails right here every Friday.

NGUYEN: And you know, Gerri, we always love hearing from you because you have some great information. In fact, you have "Open House" coming up this weekend. What's going to be the topic?

WILLIS: That's right. What to about rising gas prices. There is no bigger story for consumers out there. And going green to make green. We will tell you thousand do it. That's Saturday morning, right here on CNN at 9:30.

NGUYEN: I'll be watching. Thank you, Gerri.

WILLIS: Thank you.

HARRIS: You know, you have you seen the sound bite over and over. Now you get to hear Reverend Jeremiah Wright's explanation. Barack Obama's former pastor in his first TV interview.

(COMMERCIAL BREAK)

ANNOUNCER: You're watching CNN NEWSROOM on CNN, the most trusted name in news.

NGUYEN: Well, hello, everybody, and happy Friday. You are in the CNN NEWSROOM.

Boy, it's been a busy day already.

HARRIS: Thank you for reminding me that it is Friday.

NGUYEN: Yes.

HARRIS: Good morning, everyone. I'm Tony Harris.

NGUYEN: And I'm Betty Nguyen.

HARRIS: More children, the top story for us this morning, from that Texas polygamist ranch expected to be bussed off to group homes today.

CNN's Susan Roesgen is in San Angelo, Texas for you -- for us morning.

Susan, good morning.

SUSAN ROESGEN, CNN CORRESPONDENT: Good morning, Tony. More buses are rolling. More children are on the move. Eventually, probably by the end of the day today, all of the children who remain here in the San Angelo Coliseum who've been here since the raid on the ranch three weeks ago will be sent to 16 different group homes all across the state of Texas.

Now many mothers were staying with their children inside the coliseum but no longer. The women are being sent one way and the children are being sent another.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Separating women from children is always a difficult thing. There were tears by the children, by the women, and by some of our caseworkers as well. It's not easy to do and no one was untouched. However, it was in the best interest of the children.

(END VIDEO CLIP)

ROESGEN: Now the women, Tony, there were 47 women here yesterday. Seven of them went back to the ranch but 40 of them agreed to go on buses to what the Child Protective Services agency calls safe houses. Now we don't know why they were sent to this safe house, this safe shelter. But apparently, they did agree to go there instead of going back to the ranch.

Whether that means they'll never go back to the ranch or not, whether it means even perhaps that they are leaving the group, we don't know. But we do know that they have agreed to go to a different shelter that has nothing to do with the different group homes where their children are being sent -- Tony?

HARRIS: You know, as I listen to you explain this situation, Susan, and follow your reporting over the last week, I -- what are we going to get -- maybe just (INAUDIBLE) frustrated there -- when are we going to get an arraignment, something so that we can get more information on the charges here?

ROESGEN: Well, actually, there aren't any charges yet. And I think that is really true, Tony. This is what people are forgetting. This is a huge, right now, child custody case. It is not a criminal case. There have been no criminal charges filed yet.

HARRIS: That's a great point.

ROESGEN: The state of Texas can hold these children -- the state of Texas can hold these children for two months and then there could be an extension. In the meantime, though, what we're hearing from the district attorney's office here is that they are proceeding perhaps beginning to put together a criminal case but that, Tony, is going to depend in large part on the results of the DNA tests and that won't be back for a month. HARRIS: Yes.

ROESGEN: So, again, the children are in protective custody by the state of Texas, although there are no criminal charges yet filed against anybody in this case.

HARRIS: Isn't that amazing? I have been following this with you for weeks. And even I was sort of under the impression that we had a case beyond a child custody case. But you're right, all allegations at this point.

Susan Roesgen for us, thank you for that, in San Angelo, Texas.

NGUYEN: Senators Barack Obama and Hillary Clinton, they are doing battle in two critical states, Indiana and North Carolina, which hold primaries in less than two weeks.

Senator Clinton is speaking to voters in Jacksonville, North Carolina this morning and her focus, military and veteran issues. She then heads to Indiana to attend two events dubbed Solutions for the American Economy.

Meanwhile, Senator Obama, well, he's in Indiana today hoping to cut in to Clinton's support among whites, blue-collar workers. He's scheduled to speak at a town hall meeting in Kokomo, Indiana tonight.

And focusing only on the November race, the presumptive presidential nominee, John McCain. Today he is speaking to college students in Little Rock, Arkansas. McCain is also scheduled to meet up with a formal rival, one-time presidential hopeful Mike Huckabee.

Breaking his silence. Reverend Jeremiah Wright, Senator Barack Obama's former pastor, his fiery sermon has been seen over and over again on the Internet and television. Well, now for the first time he is addressing that controversy and the political firestorm that it unleashed.

Wright tells PBS's Bill Moyers those snippets of his sermon where he's heard condemning the U.S., well, that they were taken out of context.

(BEGIN VIDEO CLIP)

WRIGHT: When something is taken like a sound bite for a political purpose and put constantly over and over again, looped in the face of the public, that's not a failure to communicate. Those who are doing that are communicating exactly what they want to do which is to paint me as some sort of a fanatic or as the learned journalist from "The New York Times" called me a whackadoodle.

MOYERS: What do you think they want to communicate?

WRIGHT: I think they want to communicate that I am unpatriotic, that I'm un-American, that I'm -- filled with hate speech, that I have a cult at Trinity United Church of Christ.

And by the way, guess who goes to his church? Hint, hint, hint.

(END VIDEO CLIP)

NGUYEN: Reverend Wright was also asked about Senator Obama's political opinion.

(BEGIN VIDEO CLIP)

MOYERS: In the 20 years since you've been his pastor, have you ever heard him repeat any of your...

WRIGHT: No.

MOYERS: ...controversial statements as his opinion.

WRIGHT: No. No. No. Absolutely not. I don't talk to him about politics. And so here in a political event he goes out as a politician and says what he has to say as a politician. I continue to be a pastor who speaks to the people of God about the things of God.

(END VIDEO CLIP)

NGUYEN: Well, Wright says that he is used to being at odds with the establishment but he says the outcry over his sermons preached years ago has been, quote, "unsettling."

HARRIS: A whole lot from nuclear allegations as the U.S. offers these pictures as proof of a reactor in Syria tied to North Korea. The story next.

(COMMERCIAL BREAK)

HARRIS: Strong reaction to nuclear allegations. The head of the United Nations atomic watchdog agency slams the U.S. for withholding evidence of what it says was a Syrian nuclear reactor secretly built with North Korea's help.

The White House offered these pictures as proof of the reactor. It comes seven months after Israel bombed the site. The U.N. nuclear chief blasts Israel for its unilateral use of force saying it undermined his agency's job of verifying such allegations.

Syria's ambassador to the U.S. gives CNN his own take on why the information was withheld.

(BEGIN VIDEO CLIP)

IMAD MOUSTAPHA, SYRIAN AMBASSADOR TO THE U.S.: If they were there to present the evidence to the IAEA, the International Atomic Energy commission, it will be a mockery -- for the U.S. delegation because it's just photographs of a vacant building. This will be a major embarrassment to the U.S. administration for the second time but prior to that they lied about the Iraqi WMDs and they think they can do it again.

(END VIDEO CLIP) HARRIS: U.S. intelligence officials say Israel destroyed the reactor within weeks of it going operational. Israel has not commented.

NGUYEN: All right. It's a Friday. A lot of folks looking forward to the weekend.

HARRIS: Yes.

NGUYEN: But not when it comes to the Midwest and the Plains, especially not today, Rob. What do they have on their hands today, Rob?

MARCIANO: Wrong remote.

HARRIS: Take your time, Rob.

(WEATHER REPORT)

HARRIS: Boy, I thought we would grab that shot of Atlanta. It looks great.

MARCIANO: Oh yes, I forgot about it.

NGUYEN: It's nice.

HARRIS: Forgot a moment. Yes. Look at that.

NGUYEN: Probably bring us a little bit of good news, Rob.

MARCIANO: Yes, 71 degrees. Partly cloudy. WSB. How about a little G this afternoon, don't we?

HARRIS: I'm with you, doctor. You ready?

MARCIANO: Let me see.

HARRIS: OK.

MARCIANO: I want to shake out of here if we can.

NGUYEN: Neither of you sound too confident about it.

HARRIS: See you a little later.

NGUYEN: All right.

HARRIS: He's playing great. Thanks, Rob.

Gas inching closer to $4 a gallon. So who would dare sell it for $5.40?

(BEGIN VIDEO CLIP)

HELEN MCGRAIL, TRAVELER: I'm shocked. I can't believe it. $5.40. This must be the most expensive gas in the country, is it? (END VIDEO CLIP)

HARRIS: Friday fuming in the NEWSROOM.

(COMMERCIAL BREAK)

NGUYEN: We have a little good news for you on this Friday. Those stimulus checks, they are arriving five days early. And some retailers are competing to get you to spend your check at their store.

Susan Lisovicz is at the New York Stock Exchange with the details on all of this. It's all about the money these days and a lot of people want their hands on your money, Susan.

SUSAN LISOVICZ, CNN CORRESPONDENT: No question about it, Betty. Well, the checks -- we can't say the checks are in the mail but they're close to being in the mail.

President Bush says the stimulus checks are going out about a week earlier than planned. He hopes Americans will spend the money but the president also acknowledged some of it will go to the gas pumps.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: This money is going to help Americans offset the high prices we're seeing at the gas pump and the grocery store. And it will also give our economy a boost to help us pull out of this economic slowdown.

(END VIDEO CLIP)

LISOVICZ: Retailers are hoping some of it ends up in their coffers. Here are some offers out there. Supervalu, Kroger and Sears, 10 percent bonus on your stimulus check. Staples, well, off -- $50 off purchases of $500 or more. Home Depot wants to you invest in the environment, special offers on CFL light bulbs. Lots of retailers hurting, too, Betty, and they want some stimulus of their own.

NGUYEN: No doubt. But -- honestly, though, and realistically, isn't it better for people not to spend that money at the stores and instead use it to pay off some of their debt?

LISOVICZ: You know, and we've already seen almost daily signs of how consumers are cutting back and, you know, they are especially gun shy when it comes to big purchases, putting things off like car purchases.

A poll by RBC says that 60 percent of those surveyed say they are uncomfortable about making a big ticket item purchase. That's up nearly 50 percent from just a year ago. Americans are also focusing on needs, not wants. Case in point, laser eye surgery. "The New York Times" says it's predicting a 17 percent drop for this year. And surgery not covered by insurance, well, could cost up to $3,000 per eye. So that's understandable. Also some discretionary items like plastic surgery also expected to take a hit. Also taking a hit today on Wall Street, consumer confidence, which sunk to a 26-year low this month. The University of Michigan index came in worse than expected. Microsoft shares taking a hit as well. They are down 6 percent.

Disappointed Wall Street not with its quarterly earnings. They were solid, but with a weak near-term outlook.

And Microsoft is weighing heavily on the tech sector. That's for sure. But we're seeing a modest sell-off at this hour. The Dow Jones Industrials are down 42 points or a third of a percent. The NASDAQ is down 20 percent.

Quick look of what's happening from Wall Street.

Betty and Tony, back to you.

NGUYEN: All right, Susan, and we do thank you.

LISOVICZ: You're welcome.

HARRIS: Now the verdict is in. Three New York City detectives hearing from the judge not guilty in the death of an unarmed man on his wedding day. Reaction swift.

(COMMERCIAL BREAK)

HARRIS: Rising gas prices trigger a massive rush along the New Jersey turnpike. Prices there go up just once a week. So yesterday motorists lined up to fill up on what may have been the cheapest gas in the country. Just $3.17 a gallon. Today and for the next week it will cost you 22 cents more a gallon along the state's toll ways. $3.39 a gallon.

You know, this might make your hair stand on end. It did mine. $5.40 for a gallon of gas. That's what some people are paying in California.

Our Chris Lawrence checks it out.

(BEGIN VIDEOTAPE)

CHRIS LAWRENCE, CNN CORRESPONDENT (voice over): The picturesque drive along the Pacific Coast Highway stopped a lot of drivers in their tracks. But this time it's not the playful seals, the sweeping coastline or even the soaring mountains. It's a gas station charging $5.40 a gallon.

MCGRAIL: I'm shocked. I can't believe it. $5.40, this must be the most expensive gas in the country, is it?

LAWRENCE: It may well be. We thought we'd seen the nation's highest prices in San Francisco. Then we hit the road, driving south along Highway 1. After a couple hundred miles winding around the mountains you hit Gorda, the only gas station for miles. (On camera): What's your first thought when you see how much gas costs here?

ANN MACHACEK, TRAVELER: Wow.

LAWRENCE (voice over): Ann Machacek was driving north from L.A. when this sign stopped her.

MACHACEK: I think we are getting ripped off right here because they know if you need gas to get to the next town you're going to pay it.

LAWRENCE: Not only that, there's no sign warning drivers what they are about to pay.

JANICE LINGLEY, TRAVELER: I didn't even notice that it was $5.50 a gallon but I just knew that I needed gas and I didn't know when I was going to get it again.

LAWRENCE: So is the station gouging drivers? Not quite.

UNIDENTIFIED MALE: Hello. How much for you guys?

LAWRENCE: It's in the middle of nowhere. And the station, motel and diner all rely on a generator for power. Every day that generator uses 100 gallons of diesel fuel.

LEO FLORES, MANAGER: So just to run this town cost like $4,000 a day.

LAWRENCE: Station manager Leo Flores says he's not making a dime off the gas. In fact, $5.40 barely keeps the electricity on.

FLORES: I think I have to raise it more. So maybe when you leave I'm going to raise it another 20 cents.

LAWRENCE: (INAUDIBLE) to say if you don't like it, consider the gas free. You're paying for the view.

Chris Lawrence, CNN, Gorda, California.

(END VIDEOTAPE)

NGUYEN: OK. So you think we have it bad? Get a load of this. Europeans sometimes scoff when Americans complain about the high price of gasoline. Here is why.

Take a look at prices across the globe. In the United Kingdom and France they're paying more than $8 a gallon, while Germans paying nearly that much. And in India, gasoline is just under $5 a gallon, while in China it's only $2.81. Sounds like a bargain especially if you look at Japan where they're paying $5.48.

Makes prices here at home seem -- OK, I won't go that far.

HARRIS: No. NGUYEN: But some might call it a bargain. But hey, if you're paying at the pump...

HARRIS: Right.

NGUYEN: ...you're not calling it a bargain.

HARRIS: And you will drive 10 miles for five cents off on the price that you're paying. That's just Betty.

NGUYEN: Across state lines. Whatever it takes, you know.

HARRIS: Whatever it takes.

And still to come in the NEWSROOM this morning, a story to tug at your heart.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Last time I touched her she was just that little baby. I just can't believe this is happening after all these years.

(END VIDEO CLIP)

HARRIS: Abandoned baby, guardian angel. Together again.

(COMMERCIAL BREAK)

NGUYEN: Well, good morning, everybody on this Friday, you are in the CNN NEWSROOM. I'm Betty Nguyen in for Heidi Collins.

HARRIS: And I'm Tony Harris. Stay informed all day in the CNN NEWSROOM.

Here's what's on the rundown.

Breaking news. Three New York City detectives, hear the verdicts. A crowd reacts with anger and disbelief. Not guilty in the death of an unarmed man on his wedding day.

NGUYEN: Barack Obama's preacher firing back at his critics. We're going to tell you what he said about his controversial sermons in a PBS interview.