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Afghan Challenger May Pull Out of Run Off; President Obama Weighs His Next Military Move in Afghanistan; Charter Bus Carrying Morehouse College Members in Accident; H1N1 Vaccines Short of What's Needed

Aired October 31, 2009 - 12:00   ET

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

FREDRICKA WHTIFIELD, CNN ANCHOR: We begin in Afghanistan, with a fledgling democracy growing more imperiled by the day. Not so much by the Taliban, but by one of the country's would be leaders, a week before the scheduled presidential election. This as President Obama weighs America's next military move there.

We have team coverage this hour, with Elaine Quijano at the White House. Let's get the latest from Kabul, where Nima Elbagir joins us live. What is the sticking point right now for next Saturday's run off?

NIMA ELBAGIR, CNN CORRESPONDENT: Well, we're at 8:30 on the day that Dr. Abdullah, the presidential candidate, gave as hid deadline for a series of demands to be met. Of those demands was a dismissal of the head of the independent electoral commission, who was appointed by the incumbent president, and Dr. Abdullah's opponent, Hamid Karzai. As well as the dismissal of three cabinet ministers who campaigned on behalf of President Hamid Karzai.

And the dismantling of what Dr. Abdullah's team are calling the infrastructure of fraud, the taking off of polling stations, so-called ghost polling stations, who are found to not actually exist in reality, but returned a majority of ballots for the incumbent, President Hamid Karzai.

So far, Hamid Karzai's government has refused to acquiesce to any of Dr. Abdullah's demands.

WHITFIELD: All right, Nima, thanks so much, from Kabul. Appreciate that. A canceled run off in Afghanistan would complicate things for President Obama, as he weighs his next military move there. CNN's Elaine Quijano is live from Washington. Elaine, any reaction so far to a possible boycott?

ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: There is some reaction, Fredricka, not from the White House, but from Secretary of State Hillary Clinton, who is traveling in the Mideast right now. She was asked about this very possibility that there might not be two candidates in the Afghanistan run-off election. She said, look, that would not be an unprecedented situation, by any means.

Here is what she said.

(BEGIN VIDEO CLIP) HILLARY CLINTON, SECRETARY OF STATE: Other countries have faced this, where one candidate decides not to go forward. We have seen that happen in our own country, where, for whatever combination of reasons, one of the candidates decides not to go forward. I don't think it has anything to do with the legitimacy of the election. It's a personal choice that may or may not be made.

(END VIDEO CLIP)

QUIJANO: As the political situation continues to unfold, in the meantime, President Obama got a chance to hear from the military's top brass yesterday. He and his senior advisers sat down with the Joint Chiefs of Staff. This certainly is significant. Again, the Joint Chiefs are the heads of the military services. They are the ones ultimately responsible for providing U.S. troops for the fight in Afghanistan.

The U.S. has some 68,000 troops there right now. General Stanley McChrystal, the top US commander, would like an additional 40,000 troops. But there are concerns about that. It could put added strain on U.S. forces. Also, more U.S. troops could certainly fuel more violence in Afghanistan.

And, something to consider as well, the price tag for the requested troops could top 500,000 dollars per soldier. So, Fredricka, those are just some of the very weighty concerns that the president and his team are grappling with as they move ahead on their Afghanistan strategy review.

WHITFIELD: If there are to be more U.S. troops sent to Afghanistan, is there any specificity about how they would be used?

QUIJANO: There is some. In fact, our Barbara Starr over at the Pentagon has some information from military and Pentagon sources, who say these troops would mostly be going to the south. General McChrystal's plan calls for sending most of the forces to the south. They would be there mainly to reinforce Kandahar and Helmand Provinces, and the region of Kabul, which is the seat of Afghanistan's government.

Officials say the general also wants to reserve a number of forces in order to train Afghan troops. As you know, Fredricka, part of the overall strategy there would be to try to boost those numbers of Afghan troops and police officers as well.

WHITFIELD: Elaine Quijano, thanks so much, from the White House. Appreciate that.

More now on this breaking story we have been following this morning. A charter bus carrying 39 members of the Morehouse College overturned off I-75 south of Atlanta this morning. Among them, members of the marching band on their way to a football game. We're told up to four students were taken to the hospital with non-life threatening injuries. Police say a vehicle may have cut in front of the bus, causing the driver to lose control and go off the road, in what's been a very rainy day. Health officials with the Centers for Disease Control say the H1N1 Virus is now widespread in all but two states. Even though more than 26 million doses of the vaccine have been distributed, that's far short of what's actually needed.

Earlier, we spoke to Health and Human Services Secretary Kathleen Sebelius, who said the vaccine will soon be available to everyone, but for now, the focus is on those who need it the most.

(BEGIN VIDEO CLIP)

KATHLEEN SEBELIUS, HHS SECRETARY: We have a vaccine that works. In the meantime, believe me, I can fully understand the anxiety of parents who are really worried about their kids. I'm a mom. I share that. I know how frustrating it is to stand in line for hours, and maybe not get what you came for in the first place. That's infuriating.

We really want to remind people that there are some people who will likely get very ill and could potentially die, who are in much more priority situations.

(END VIDEO CLIP)

WHITFIELD: For the latest on the H1N1 Virus, as well as answers to some of your questions, go to CNNhealth.com.

President Barack Obama says there is evidence the economy is moving in the right direction. During his weekly radio address, he pointed to a government report showing the first sign of economic growth in a year. The president warned more job cuts may lie ahead, however. But he said the steps his administration is taking is making a difference.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: The economy grew for the first time in more than a year, and faster than at any point in the previous two years. While we have a long way to go before we return to prosperity, and there will be ups and downs along the road, it's also true that we have come a long way.

It's easy to forget that it was only several months ago that the economy was shrinking rapidly, and many economists feared another Great Depression.

(END VIDEO CLIP)

WHITFIELD: News that the economy grew 3.5 percent last quarter had the bulls dancing on Wall Street, Thursday. But Friday, analysts took another look and reconsidered.

Senior correspondent Allan Chernoff looks at some of what's been driving this wild party.

(BEGIN VIDEOTAPE) ALLAN CHERNOFF, CNN SENIOR CORRESPONDENT: Wasn't it just a little while ago that we were saying the economy was the worst since the Great Depression? Have a look at the last four quarters of economic misery. Then, all of a sudden, growth of 3.5 percent, at an annual rate, during the third quart. That's July, August, September. That's above average growth.

How is it possible? What's been happening is that Uncle Sam has been throwing a party, taking out the punch bowl, and that's what's stimulating the economy.

Remember the stimulus plan? It's been working. Let's see what's in that punch bowl mix.

First of all, the Cash for Clunkers program definitely has revived the auto industry. As a matter of fact, believe it or not, one-third of economic growth during the most recent quarter came out of the auto industry. Astounding.

First time home buyers, they are getting an 8,000 dollar credit for buying a home. That's gotten housing off its back.

The bailout, don't forget the bailout -- how can we? We're spending so much on it. But for banks, insurance companies and those auto companies, as well, they are doing OK thanks to that federal money.

Finally, thanks to the Federal Reserve, very low interest rates. That makes it easier for consumers to buy products, including homes and autos.

So all together, this punch bowl has the economy cooking. But, you know, it's pretty expensive to throw a party. And at some point, Uncle Sam is going to say goodbye to the punch bowl.

The question is, for economists, politicians and everybody, all of us, can the party continue without the punch bowl?

(END VIDEOTAPE)

WHITFIELD: The punch bowl is already running low. Reports Friday showed consumer spending plunging in September. That would reflect the end of the Cash for Clunkers program. Add to that, reports showing wages remain flat. People are simply not spending. The unemployment rate is expected to surge more than 10 percent.

So, when the charge is rape, what is the charge for those who may have just stood by and actually cheered? This one gives new meaning to crime watch. You can bet our legal guys are ready to discuss this case.

(COMMERCIAL BREAK)

(WEATHER REPORT)

WHITFIELD: This was very real-life scary. And it's brought new developments in that barbaric gang rape case in Richmond, California. Of the six suspects arrested by police, one apparently will not be charged. Police say they don't have enough evidence against the 21- year-old man. Police are looking for others.

Here now is our Dan Simon.

(BEGIN VIDEOTAPE)

DAN SIMON, CNN CORRESPONDENT (voice-over): For two and a half hours, police say she was repeatedly raped and beaten. Two and a half hours. It happened right under the noses of police officers, teachers, school administrators, and other adults hired to make sure Richmond High School's Homecoming Dance went off without incident.

What happened? How could everyone have missed a gang rape happening on school grounds on their watch?

(on camera): As far as you know, nobody walked around outside of the school to see what's happening?

CHARLES RAMSEY, W. CONTRA COSTA SCHOOL BOARD: Obviously, they didn't, because the student was gang raped from two and a half hours, from 9:30 to midnight. So I'm certain of that, that there was no surveillance done.

SIMON: Here is what we know. The dance took place inside the high school gym, and the victim left around 9:00 p.m. to be picked up by her father. Instead, a friend asked her to walk with him towards a back alley on the other side of school. That's apparently where they were greeted by others with alcohol.

You can still see the remnants of some crime scene tape. This is where the people involved would have gained access to this area. Normally, this fence right here is closed. We are told everybody would have had to jump the fence. This is where the alleged rape took place, back in this area where you see those picnic tables.

(voice-over): The area has no lights, no surveillance cameras either. They have been ordered but not installed yet.

RAMSEY: As the duly elected officials, I'm going to share in the responsibility and say that we probably could have done better.

SIMON: If what happened here couldn't get any more troubling, listen to this.

LT. MARK GAGAN, RICHMOND POLICE DEPT.: What we also know is that during the two and a half hours that this crime was going on, several people came, saw what was going on, and either left or didn't report it to the police or stayed and observed, and in some cases, participated in her gang rape.

SIMON: The victim, found unconscious, was hospitalized with non- life threatening injuries, as a community wonders how a high school homecoming could have turned into such madness.

Dan Simon, CNN, Richmond, California.

(END VIDEOTAPE)

WHITFIELD: This case has shocked so many people. It's why we are calling the 4:00 Eastern hour today "Silent Witnesses." We're focusing the entire hour on this gang rape that took place at Richmond High School, and what could have been done to prevent it, and where do we go from this point? How is it that so many people could be there and watch it and be silent for two and a half hours?

Already, we are starting to hear from so many of you on my blog, as well as Facebook. We also -- on my blog, when you go to that page, you'll see that you can also answer the question at this moment: it doesn't look like the bystanders will be charged; do you think they should be? We are taking a poll, an unscientific poll. We will read some of the results.

Already, Gail is saying, "castration of those found guilty would be the only true justice."

Lisa says, "this was so unspeakable, it's hard to comment. The best I can muster up is that these animals, in a perfect world, would never see the outside of a prison cell."

Let's bring in our legal guys, because it does brings up a whole lot of different legal questions about how this case should be handled and where we go from here. Avery Friedman is a civil rights attorney and law professor. Richard Herman is a New York criminal defense attorney and law professor. Both of you, thanks so much.

This is so frightening, so horrible, and it has left so many people aghast at how this could indeed happen. We have asked people the question about the bystanders, those who were not arrested thus far, but who simply stood there silently, did nothing. Richard, could there be charges ultimately imposed on them?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Fred, none of those bystanders can be charged with any crime. They have not committed a crime. California has a law saying that it's unlawful for anyone to view a minor being -- having a crime committed against them. Here -- and a minor was defined as 14 and under. Here, this young woman was 15 years old. Incredibly, none of the bystanders are going to be charged?

WHITFIELD: Do you agree with that, Avery?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: No, I don't.

WHITFIELD: No one could be held accountable.

FRIEDMAN: I do not, Fredricka. I think we need further information, further facts to find out about the extend to which these bystanders participated. If there's some evidence, for example, that they were goading or encouraging people, there may be an aiding and abetting opportunity. This is a very, very difficult case. The other question is, because there were no perimeter checks by school officials or law enforcement, the question is, to what extend others may be involved. Those others are not going to be charged. But from a civil perspective, Fredricka, this has very, very profound consequences.

WHITFIELD: You're talking of because of the lack of perimeter checks, which -- I don't know, I kind of feel like that's a rarity in any school district.

FRIEDMAN: No, I think it's quite the opposite.

WHITFIELD: So you think then the school district could be held accountable, to some degree, that perhaps they were not able to fully protect the safety of all the children invited to the school for a public school event?

(CROSSTALK)

HERMAN: Avery is absolutely right, Fred. There is going to be multi-million dollar lawsuits filed against this school system for failing to supervise this event. They had nobody walking around, no monitors. It's alleged that when the police finally arrived, after two and a half hours of torture, she was still being tortured. It's incredible.

FRIEDMAN: The other part of it -- let me just mention this very quickly, that it is very common to coordinate school administration and law enforcement. Look, this is a troubled area, Fredricka. There's no excuse for not having that kind of surveillance. I'm in agreement with Richard. The school district is in a world of trouble.

WHITFIELD: We heard that from a lot of students and even teachers as well, during the week after this incident happened. It's something we're going to focus more on in the 4:00 Eastern hour.

Let's talk about this other case. This is every parents, I guess, nightmare, whose child plays baseball. In the case of this young man, Brandon Patch (ph), 18-year-old, he actually died when hit in the head by a line drive. Now, his family was able to take the matter to court and successfully actually get a settlement because of this aluminum bat. I guess the company is being held culpable. How is that, Avery?

FRIEDMAN: Well, I don't know. I actually think that the result of the jury verdict this week is really up for grabs. Louisville Slugger, who is the defendant -- the owners of Louisville Slugger are going to the Court of Appeals. I think there's a real question if this verdict is going to stand, because the jury came back with inconstant determinations.

They held that there was nothing inherently dangerous about this, but, at the same time, said there should have been warning notices on the bat. I think the verdicts is in real, real trouble.

WHITFIELD: Richard, are we going to see warning labels now on athletic equipment, from baseballs to bats?

HERMAN: Yes. Here is the thing, Fred. Avery is right. The conviction was based on a failure to warn, not on any defect in the bat. The reality of it is, had there been a warning that balls jump off aluminum bats faster, and it's a higher risk of injury, this child still would have been playing baseball. Everybody would have been on that field. But here, that's how they got this product liability award, based on failure to warn.

Yes, Fred, a simple line on the packaging, on the equipment, warning properly was going to do away with this. I think the verdict is going to hold.

FRIEDMAN: There are other cases pending around the country on aluminum bats. This is still way up in the air, I tell you.

WHITFIELD: OK. We have about 45 seconds to get to the last case. It's really interesting, because we are talking about Ed Ates (ph) is charged with killing his ex-son in law. His attorney says he couldn't have done it, because simply he's overweight. He's too large to have moved this fast to commit this crime. Really? Avery?

FRIEDMAN: Yes. His doctor got on the stand and said, because he's so fat, going up the stairs, when he had the gun, he was so shook up, he couldn't shoot straight. What a terrible argument. Creative, but it's going down the tube. The evidence I think is overwhelming in this case. Look for a conviction here.

WHITFIELD: This is right in your backyard, Richard.

HERMAN: Yes, but we have seen the Twinkie defenses. We've seen battered woman's syndrome. It's a creative way to go at this one. He's already lost 60 pounds in prison. He's not going to make that compelling figure when he walks in the court during the trial. I don't know. Doesn't look too good.

FRIEDMAN: Going down.

WHITFIELD: We have other cases we want to delve into, very spooky, especially as it pertains to a World Series case. I know, Richard, the baseball fan that you are, you can't wait to dig into this one.

HERMAN: Yankees, three more games.

FRIEDMAN: We'll see.

WHITFIELD: OK, we'll talk to you in a minute. Thanks so much.

Let's take look at some top stories right now. Police are searching for a killer, after finding six bodies inside a house in Cleveland. The suspect is convicted rapist Anthony Sowell (ph). He recently served 15 years in prison. Police say the bodies were discovered after the Swat team went to Sowell's house on Thursday to arrest him for another rape. Rewards offering 12,000 dollars are being offered for his capture now. A challenger's threat to pull out of Afghanistan's presidential election is calling into question the legitimacy of the vote. Representatives for Afghan President Hamid Karzai and candidate Abdullah Abdullah held talks today. The meeting comes amid reports that Abdullah plans to boycott next week's run-off vote, which was set up after allegations of widespread voter fraud.

And a massive search and rescue mission continues today for nine people in the frigid Pacific. They were aboard a Coast Guard plane and a Marine helicopter that collided about 18 miles off the coast of San Diego Thursday night. We'll get another check of the top stories in about 20 minutes from now.

(COMMERCIAL BREAK)

WHITFIELD: Just when you think you have it all down, you have mastered navigating the Internet, now a major change is coming. It has to do with the way millions of people actually search the web.

CNN.com's Errol Barnett shows us what it's all about.

(BEGIN VIDEOTAPE)

ERROL BARNETT, CNN INTERNATIONAL I-REPORT CORRESPONDENT (voice- over): For about half of the world's 1.6 billion Internet users, web surfing is about to get easier. People who speak Arabic, for example, will no longer need to use Latin script domain names, like dot com or dot net.

WAEL GHANIM, GOOGLE: There are over 40 million users in the Arab world. This number is expected to increase in the coming days, which, in turn, makes the Arabic language one of the strategic languages through which a lot of companies, for instance Google, are interested in.

BARNETT: However, some worry this could lead to greater worldwide miscommunication.

CHANG YONG-WOONG, INTERNET USER: If Korean is used during the international communication, foreigners won't be able to understand and won't be able to read it well enough. There could be some problems in communication.

BARNETT: While others see the change opening up the Internet to a much broader population.

UNIDENTIFIED MALE: If they can make this technology work and people can use their own language to enter in addresses, I think that would really expand the practical applications of the Internet. People from different walks of life and different age groups can get more engaged with it.

BARNETT (on camera): One lingering question is how will people in the west, using Latin script keyboard like this, access websites in Korean, Hindi or in Arabic? Well, officials at ICAN, that's the Internet Corporation for Assigned Names and Numbers, say they think technology will come along to save the problem.

Errol Barnett, CNN, Atlanta.

(END VIDEOTAPE)

WHITFIELD: A last minute election shocker. The battle over the Republican party claims its first victim in New York.

(COMMERCIAL BREAK)

WHITFIELD: The alleged gang rape of a teenage girl after a high school dance in Richmond, California has left people across the country wondering how could witnesses stand by and not report such a heinous crime. Today, in our 4 o'clock Eastern Hour, we're looking at that and answering your questions.

Josh Levs is following some of those questions for us already. We're calling that hour silent witness because sadly they were too many.

JOSH LEVS, CNN CORRESPONDENT: Fred, it's amazing. What people are looking at here is so powerful and so many people saying things that express their anger. Obviously, a lot of frustration, a lot of anger, and a lot of people pointing fingers in different directions. As you know, what we wanted to do today in our 4 o'clock hour is kind of broaden up the discussion about responsibilities, legal responsibilities, even psychology, and here is how you can send us your questions and comments about this.

You have Fred's page there, cnn.com/fredricka. It gets you right to our blog post, which is your way to go ahead and weigh in with your thoughts, your comments and your questions for our panel experts, and the next thing you have in mind. I'm open at everything. You got cnn.com/josh, Facebook and Twitter josh.cnn. All those lines are open.

Fred, they are coming in quickly. I'll show you a couple examples then we can tell everyone some of our guests are going to be today. This is called "Silent Witness", you'll see it there.

This from Dennis who talks about adult that allowed the school system to get into this kind of shape. He says where drugs and gangs run the schools. People talking about the influence of those over on Facebook. They were talking about parents with the school district as well, they are the ones that let this happen with no security in place.

Like what you were talking about our legal guys about there, but I know that we have a lot of people who are wondering, how does someone stand there, if this did happen and not make a call, not go get an authority, not do something. And, that's what we are going to talk to our guests about.

WHITFIELD: Yes, it's the unthinkable. It's hard to imagine and Sandy even said this on my blog, what a tragic and disturbing story to hear. Imagine how painful and debilitating this incident was for the poor, young victim. We're going to once again have a friend of the victim who's going to be joining us to talk about how her friend is doing and how the other members of the student body are trying to digest all that has happened.

LEVS: And, experts on laws, psychology holds a bunch of voices, they will take part on that.

WHITFIELD: Yes, all right, Josh. Thanks so much. Appreciate it.

This surprise announcement from New York's Republican candidate for Congress, pressure from the right forces Dede Scozzafava to drop out.

Paul Steinhauser has joined us now from Virginia and I know Paul you're in Virginia. You're covering the governor's race there which is getting a lot of attention as it should. We'll talk more about that a little bit later on this afternoon.

But, let's talk right now about New York's 23rd district and what happened. How is it that this candidate just simply said, "I'm out"?

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Yes, this is a wild story that really has some national implications. We're talking about a district in northern New York state up by the Canadian border. It's been in the Republican hands for generations, going back to the 1800s, but really now it becomes a plight for the future of the Republican party.

They think, as you mentioned Scozzafava, a moderate Republican to run for this open seat. Those on the right did not like it. They didn't like where she stood on some of the social issues and physical issues. They put their own person up there.

They've put a conservative party candidate up there and a lot of people started backing the conservative, Sarah Palin, the Tea Party, Tim Palente(ph), a lot of people on the right. You know what happened? Today, because of the support for the woman on the right, the Republicans dropped out. Really, Fred, it's kind of a representation of the battle for the future of the Republican party, moderates versus conservatives.

WHITFIELD: Yes, I wonder if people are feeling like they're watching this race, the evolution of this race particularly as it pertains to the Republicans and wondering if they're going to see a little bit more of this across the country.

STEINHAUSER: Yes, this could be a sign of things to come. It could be next year when you're going to have a lot of Republican parties primaries across the country for a lot of different races. So, this struggle between the moderates and the conservatives of the Republican party, we can see it play out throughout the year next year.

WHITFIELD: OK, thanks so much, Paul Steinhauser. Thanks so much, and you know we had a written statement up there. Can you pull that up one more time so I can read that? That's actually coming from Scozzafava. Can you pull that up again, Joe?

Right there, it is increasingly clear that pressure is mounting on many of my supporters to shift their support. This comment coming from Dede Scozzafava as she decided to drop out of the race. So, those are her words saying that she's responding to a lot of pressure. We'll have a little more on this topic and other things in politics with Paul Steinhouse on the 2 o'clock Eastern Hour as well.

Meantime, a father upset with his daughter's western ways. Now, accused of running her over. He is now in custody after being denied entry into England.

(COMMERCIAL BREAK)

WHITFIELD: All right, checking the top stories right now.

Health and Human Services Secretary, Kathleen Sebelius, tells CNN how frustrated she is by delays in producing an H1N1 vaccine. Millions more doses are on the way. Forty-eight states report wide widespread out breaks of the swine flu.

Afghanistan's presidential run off set for next Saturday may not happen after all. The challenger to incumbent President Hamid Karzai is crying foul over Afghan election official that he said are biased against him. If Abdullah Abdullah withdraws from the race, some question of legitimacy of another Karzai presidential term.

Storm weary Filipinos are weathering their fourth typhoon in as many weeks. The latest word offshore early this morning, at least seven people are dead. The typhoon has weakened to a tropical storm as it moves toward Vietnam.

More top stories in about 20 minutes.

We have brought back our legal guys because we got some more cases that are just really interesting. Just a tip of the iceberg of the all the incredible legal cases that we're going to dealt into. Avery Friedman is a Civil Rights Attorney-in-Law Professor and Richard HERMAN is a New York Criminal Offense Attorney and Law Professor.

All right, gentlemen. So, the image that we just saw that was the image of Faleh Hassan Almaleki. Now, he's an Iraqi-American. He is being charged with running over his daughter because allegedly he felt his daughter had become too westernized. Now, here was an extradition. He was in London. He made it back to the States. He's now, in Atlanta but it's Arizona, correct Richard, that wants to prosecute him.

HERMAN: It's Arizona who wants to and who will prosecute him. I mean, I thought the message of religion was peace and love? How this guy tried to kill his own daughter? It's beyond any kind of () that I could do or any jury in the United States can pardon. This guy is in big trouble. This is animalistic behavior and we don't tolerate it in the United States.

WHITFIELD: And because of that, Avery, it sounds like it's going to be a tough one in which to defend, or will it be? What about the evidence?

FRIEDMAN: Well, I think it will be virtually impossible to defend. The argument of course is that culturally, this is essentially an honor killing or at least attempted one. I don't know how he is going to get around it. He was mad at his daughter because she disregarded a prearranged wedding. She's now living with her boyfriend, which enraged Mr. Almaleki so I think, from a defense perspective, this guy is in a big bowl of trouble.

WHITFIELD: Wow, let's talk about Alabama. We thought this former judge ...

FRIEDMAN: Yes.

WHITFIELD: ...Herman Thomas was in a big bowl of trouble, but things turned around for him, didn't they? I mean, Richard, I remember our discussions talking about the allegations of getting some of the inmates to have personal time with him, there was spanking involved, there was sex allegedly and now, apparently, he has been found not guilty.

HERMAN: Twenty-one count indictment against this judge. The jury came back convicted him on seven. They had no verdict on the other 14. The judge ruled as a directed verdict, as a matter of law, dismissed the other 14 charges. You know, all the testimony was done by convicted felons, but I'm telling you, Fred, they have to hire a special prosecutor to look at this case, look at the prosecutor, look at the judge handling the case ...

FRIEDMAN: Well, that's not going to happen. That's not going to happen, Richard.

WHITFIELD: This should not be over? There should be yet another investigation to even get to this point, how did this case become the subject of a trial?

HERMAN: Yes, it's unbelievable and the jurors are coming back with conflicting statements on what went on when the jury ...

FRIEDMAN: ...affidavits that's the point. I mean, if they did, I would agree with Richard. Look, this case isn't over because remember, Herman Thomas still has been -- lost his license. Now, he's going to try to get his license back and the standard which the BAR association uses by the way is not the same standard as in a criminal case. I'm not sure that Mr. Thomas is going to be permitted to get his license back and I'm not sure he's going to be able to practice law.

WHITFIELD: OK, let's talk about something that was really scary, right? Are we ready? Are we ready to play a little Halloween now? Edward, do you have your prop?

UNIDENTIFIED MALE: I have no prop. I don't know what you're talking about. You set me up.

WHITFIELD: OK, I'm feeling good for Halloween. We'll let's talk about -- Richard that kills me.

HERMAN: Well, look, I changed my mind, I'm going to be political for you guys. I'm going to be my favorite presidential advisor, David Axelrod. Is it okay?

WHITFIELD: Oh, very good. Sneaky.

HERMAN: There you are.

WHITFIELD: While we are in costume, let's talk about this last very scary case. We're talking about this woman who says she allegedly is willing to trade sex for World Series tickets. It's hard for anyone to take it seriously right now, but Richard, you are the big baseball fan. What in the world is going on?

FRIEDMAN: Let's do this with dignity, Richard.

HERMAN: We know this girl, Fred, we know her from the island. She's okay. Look, she didn't place this ad in the right section on Craig's list. She didn't place it in the sex section. She just wanted to get tickets to go see my beautiful Yankees win the World Series. You can't blame her for trying to be creative.

FRIEDMAN: She didn't want to see the Yankees, Richard. She wants to see the Phili. She is a Phili fanatic. That's what she's saying here.

HERMAN: That's what she's saying, man. Avery, I don't believe that, brother. She wants to see the Yankees win.

WHITFIELD: Oh, no, you did not.

FRIEDMAN: You're hilarious.

WHITFIELD: You all are great. Well, thank you for having a sense of humor about it all. Have a great Halloween.

FRIEDMAN: Through this entire segment and we have done that, I think, haven't we?

WHITFIELD: I know, I know. All right, thanks so much. You all have a great Halloween.

FRIEDMAN: You too.

WHITFIELD: A nice spooky, fun time and ...

HERMAN: Be safe, Fred, be safe.

WHITFIELD: And safe -- I'll be safe trick or treating this evening. I really am going to do it, but it's because of my son. I'm not going to collect the candies.

HERMAN: Yes sure, you'll eat all the candies is what you're going to do.

WHITFIELD: All right, Richard, thanks so much. Happy Halloween.

All right, well this story of inspiration and fortitude, I better not do this. A veteran and a cancer survivor prove it's never too late to get a degree.

(COMMERCIAL BREAK)

WHITFIELD: It is Halloween. So, we want to know, is it going to rain or pour or will we have at least a moonlight something tonight?

REYNOLDS WOLF, CNN METEOROLOGIST: You want to know if it's going to be a trick or a treating terms for the forecast.

WHITFIELD: Is it what?

WOLF: You want to know if it's going to be a trick or treat?

WHITFIELD: I want to know

WOLF: All right, it's going to a trick for people along the eastern, rain is going to be the forecast. It's not going to be a total wash out. You'll going to have some sporadic rain showers. It could be a little bit heavier along the outer banks of North Carolina () if we make our way across the nation's mid-section, we're going to see some drier air, but it's also going to be a bit cooler with temperatures mainly in the 30s, 40s and 50s.

For people going out for a trick or treat out to California, very dry for you. Temperatures mainly in the 50s and 60s, but when you get north of say, Portland to about Seattle, expect some scattered showers there and few thunderstorms. That is what we're going to be seeing there.

Now, something else that you are going to see in just a few moments is the story of a college graduate. The guy is in school, one of 70 million students around the country that's going to be off to school and he has got some big dreams. He also happens to be 77 years old. Check this out.

(BEGIN VIDEOTAPE)

WOLF: Seventy-seven year old, Edward Gasp, may look like a professor, but the Navy Veteran and cancer survivor is actually a student.

EDWARD GASP: This is the one for tonight.

UNIDENTIFIED MALE: English Comp.

GASP: English Comp.

WOLF: Gasp is attending Strayer University in North Charleston, South Carolina working toward a degree in marketing.

UNIDENTIFIED FEMALE: What feels your passion? What motivates you? What drives you? WOLF: For Gasp that question is like fuel stoking fires of a dream that began more than a generation ago. Married with four sons, Gasp retired from the Navy after 21 years of service and started college at the age of 42. He reached his Junior year, but had to stop taking classes.

GASP: I wanted to finish up what I've started several - about 25-26 years ago, and I decided now is the time.

WOLF: So, in December of 2011, at the ripe age of 80, Gasp will obtain his degree. That decision has made him a source of inspiration.

UNIDENTIFIED MALE: You're a father, you're a grandfather, you're a great-grandfather and you're also a roll model for all these people in your family.

GASP: I sure hope so.

WOLF: Especially, the younger ones, what do you hope that they can take from your experience?

GASP: That it is possible to obtain a college degree, if you want to.

WOLF: His wife of 57 years, agrees.

WIFE: I thought it was a great idea because if he's doing something, he's not driving me crazy.

WOLF: But, Ed isn't driving his schoolmates and teachers nuts. In fact, he's the big man on campus and he's the oldest among Strayer's 50,000 students nationwide.

UNIDENTIFIED MALE: Is it kind of an inspirational thing to see someone who is 77-year-old who some people would say should be fishing, maybe on the golf course, maybe doing something else besides being in school?

UNIDENTIFIED MALE: It's incredibly inspirational. In classes that I have taught, I have had students in their late 50s. I haven't had anyone as old as Ed, but it's just a very exciting aspect of what we do to realize we are that relevant to people throughout their whole lives.

WOLF: Proving that you are never too old to learn.

UNIDENTIFED MALE: What do you hope to achieve long term?

GASP: I hope to be alive to get my degree.

(END VIDEOTAPE)

WHITFIELD: He has a great sense of humor. I love him.

WOLF: He does. He's the kind of guy you would want as a neighbor, you'd certainly want him as your friend. But, to be honest, to be a teacher and have him as a student, I would think it will be kind of intimidating because the guy knows everything. He really does. I mean, he's a brilliant, brilliant person. I think he's going to get that degree with no problem at all.

WHITFIELD: Oh, he's awesome.

WOLF: Yes, he is.

WHITFIELD: Great inspiration. I love it. It just simply says it is never too late.

All right, Reynolds Wolf. Thank so much. Top stories right after this.

(COMMERCIAL BREAK)

WHITFIELD: One of the many top stories that we are following, a manhunt ends in Ohio. Police have arrested convicted rapist, Anthony Sowell who is suspected of killing six people. The decomposing bodies were found in or near his Cleveland home. He's also accused of new rape charges. Sowell served 15 years in prison for a rape conviction back in 1989.

Pakistan's military is counting the success of its offensive against Taliban rebels in the Swat Valley. The rugged, remote area of northwest Pakistan is also the setting of another pitched battle. This one between the Taliban and a different kind of resistance fighter.

Reza Sayah explains.

(BEGIN VIDEOTAPE)

REZA SAYAH, CNN INTERNATIONAL CORRESPONDENT: DJ Siasi (ph) calls herself a Pakistani warrior. Her weapon is her FM radio show, her enemy, the Taliban.

UNIDENTIFIED MALE (through translator): This is why the Taliban were after me, because of what I was able to do.

SAYAH: Five nights a week, DJ Siasi broadcasts dance music on FM 96 in shops and homes throughout Pakistan's Swat Valley.

UNIDENTIFIED MALE: In my heart, I'm singing and dancing, inside.

UNIDENTIFIED MALE (through translator): People like dance music because they just want to have fun and relax.

SAYAH: There wasn't much dancing in Swat less than a year ago. That's when Swat and its radio air waves were dominated by Taliban leader, Maulan Fazlullah.

UNIDENTIFIED MALE: He had access in the entire radio of the valley. SAYAH: FM 96 manager, Akhil Malik (ph) says at one point, Fazlullah and the Taliban had more than 110 illegal fm stations, with radio sermons they spread their message of violent jihad and threatened to kill anyone who stood in their way.

If you want to establish Allah's will on earth, you can't do it without Jihad, Fazlullah said in this radio message. It requires blood. Earlier this year, the Pakistani government had an idea. Start a radio station and give listeners a choice. Most of all, give them music.

AKHIL MALIK, FM96 MANAGER: Under that, I used my studio as a bunker. I will fight a battle with Taliban.

SAYAH: Malik says he gave DJ Siasi a 7 p.m. time slot to go head to head with Maulana Fazlullah. Within months, he says FM 96 became the most listened to station in Swat. Malik knew that Taliban were listening, too, when they started playing music on their shows.

MALIK: It was quite surprising for me that he would play the same fast music which was played in my program.

SAYAH: Even though FM 96 Swat has become the number one radio station here in Swat and all its surrounding districts, many people here have no idea the headquarters of the station is nowhere near this place. FM 96 is in () says this man unaware it broadcasts five hours away out of a secret location in Islamabad for security reasons. These days, Maulana Fazlullah no longer control swat. After a three- month offensive, the army declared victory over the Taliban in July.

UNIDENTIFIED MALE: We all have been satisfied after winning this battle of heart and mind.

SAYAH: DJ Siasi says she'll never forget all the Taliban threats she received on radio.

TRANSLATOR: The exact threat was, we'll cut you to pieces.

SAYAH: But, the result of the radio war was clear. She's still on the air, the Taliban are not.

Reza Sayah, CNN, the Swat Valley.

(END VIDEOTAPE)

WHITFIELD: In this country, the gang rape at Richmond High School is the topic of our 4:00 p.m. eastern hour. We're asking you to weigh in about why so many people simply stood by and did nothing. If you go to my blog, we're actually asking the questions about those bystander.

Should they be charged as well, and already people are weighing, and Mike says they are as guilty as the rapists. Be part of the conversation today at 4:00 eastern time. "Silent Witnesses" is what we're calling it and join us throughout the day for the latest breaking news. I'm Fredricka Whitfield. "YOUR MONEY" starts right now.