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Trapped Chilean Miners Fan Hope With Emotional Messages; Jon Benet Ramsey Case Reopened; Judge Buys Stripper Girlfriend Cocaine from Undercover Officer; Dora the Explorer Sues Nickelodeon?; NRA Backing Many Incumbent Dems in Midterms; Military Funeral Protests

Aired October 09, 2010 - 12:00   ET

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

T.J. HOLMES, CNN ANCHOR: And of course for all the latest political news you know where to go, our Web site, CNNpolitics.com.

Hi, Randi, how are you? Things well?

RANDI KAYE, CNN NEWS ANCHOR: Things are great.

HOLMES: Good to see you. This is not usually how I hand off to Fredricka, but hi.

KAYE: Well, you haven't seen me in a while.

HOLMES: It's been awhile. It's good to have you here. But, please, have a wonderful show. I'll be watching.

KAYE: All right. And you have a wonderful rest of the day, T.J. Good to see you.

Across Chile, bells are ringing and people are cheering. In the words of our own Patrick Oppmann, "it was an explosion of happiness this morning" when a rescue drill broke through to that mine where 33 miners are trapped.

(BEGIN VIDEOTAPE)

PATRICK OPPMANN, CNN ALL PLATFORM JOURNALIST: There were scenes of celebration and joy at the mine site where 33 trapped miners have been stuck underground now for almost two months. A drill bit broke through early Saturday morning to the men it's going to open up the way for them to be rescued. For the drill team that pulled off this feat, it was a tough assignment, as tough as any they've ever encountered. But they described the moment of impact and what it meant to them.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There's a team of engineers and drillers from many different companies that came together and while the job is done, the hole is down there. And I think that now's time for the rescuers to come in and do their job.

(END VIDEO CLIP) OPPMANN: Although an important step has been taken toward rescuing these men, they are by no means out of danger. Officials still need to formalize a plan that will pull them to the surface. In many ways, the most precarious part of the rescue operation. Once officials feel certain that the drill hole is solid enough to lower a rescue capsule down, two rescue workers, one a paramedic, the other an experienced mine rescue worker will be sent down and begin the mine rescue operation.

The men will be pulled up one at a time. First some of the men most who are the most fit, most capable, most technical savvy, so if there are any problems they'll be able to work through it. Then the next men to be sent up will be the men who sick, unwell, suffering from claustrophobia after so much time underground. Then men who are mentally stable enough, who are strong enough that when they see their colleagues leaving them after so long underground they will be OK with that, they won't break down under these trying hours. And then finally the shift foreman, Louise Orsoa (ph), has asked to be the last to leave the mine. Officials say they are still weighing his request.

Patrick Oppmann, CNN, Copiapo, Chile.

(END VIDEOTAPE)

KAYE: And CNN's Chad Myers with us now.

You've been on top of this rescue effort since the very beginning. Lots of folks celebrating aboveground. What's the scene underground?

CHAD MYERS, CNN NEWS CORRESPONDENT: Well, the scene underground is a mess because when they break through you lose a lot of stone, mess, drilling, all kinds of things, dust, mud come down from the top. You know, especially if they went through layers of water. There could have been something coming down. All kinds of thing. When that drill was close, the miners could hear it. all right, they knew it was close. What amazes me still, even thinking about this, and I know they have been at this a long time, these guys were professionals. They were 2,000 feet up and they drilled down and they hit a box, underground.

KAYE: It is incredible.

MYERS: It is incredible they drilled a half a mile. OK, I understand they did this and they drilled the relief well in the Gulf of Mexico, and they hit another well, which is also very incredible. But these guys were just going as fast as they possibly can where the relief well was taking a foot at a time, checking, checking, and pull the bit out, check, check, check, check. These guys, boom and found it. It's like, wow, you guys are awesome.

But, now, they can't take them out today. They would love to. But the mine shaft that they just drilled. The drill shaft they just made is irregular and it's not straight up. That would be great if it's an elevator and this tube they are going to put them in -- literally, it's a 21 inch tube could go straight up and not hit the top. Not going to happen. It's going to go like this, bounce up and down, bounce off the sides as it goes up. Well, you can't bounce off the sides, lose rock in the process and then jam a cage between the cage, rock and hole. Otherwise the guy's going to be stuck in there, can't go up, can't go down. So they're going to have to put this casing inside.

And I saw pictures of casing. There's a semi picture on one of our pictures that I just saw coming up. That right there. See those metal pipes? They look like random things, all part of what will be down. They will push pieces down into the mine and line the hole to make the hole smooth so when this thing comes up, it will come up on a smooth surface rather than bounce off the side of the mine, this shaft, of this drill bit.

You think of a drill and you're drilling through a two-by-four with a wood bit and you go straight through and it's a nice smooth bit. You can't drill through rock and make a nice smooth, it just, it bounces off the side. You go though granite for awhile, you go thought sandstone, you go through whatever random stone, shale, even sand at times. So now, all this stuff is literally falling in on them now. We're going to get this out of the way, get some guys down there. And it's taken a long time. Two more days, three more days, they don't care.

KAYE: Before they even start and then I think what, about an hour per guy, right? One at a time.

MYERS: They're going to go about six inches per second. Still pretty fast when you're thinking about it. It's not elevator speed, but they're be all the way up. It's going to take about an hour.

KAYE: All right. Thank you, Chad. Check in with me a little bit later.

MYERS: All right, sure.

KAYE: Being stuck a half mile underground for more two months can take a serious toll on your health. In just a few minutes we'll talk to a doctor about what medical complications those miners we were speaking of might face.

And a tragic end to a rescue attempt in Afghanistan. Officials say a British aid worker kidnapped last month in the eastern province of Kunar was killed by her Taliban captors during a rescue mission last night. Britain's foreign secretary identifies the worker as 36-year- old Linda Norgrove. He says NATO and Afghan forces launched the rescue attempt after receiving a tip about where Norgrove was being held. An Afghan official says Norgrove's two Taliban capitulators were killed in the raid.

Twenty-four days and counting. The midterm elections on November 2 could usher in big political changes in America and they could radically alter President Obama's agenda. We've interesting new numbers to tell you about.

In a CNN/Opinion Research poll, 47 percent say Barack Obama has been a better president, 45 percent say former President George W. Bush. Last year Mr. Obama led the former president 57 percent to 34 percent.

Which party gets the nod from likely voters in our poll? Republicans lead with 52 percent to 45 percent for Democrats.

Republicans have a big lead among Independent voters, 62 percent support the GOP, 31 percent back the Democrats.

Pennsylvania is a pivotal state in American politics and it will get a lot of attention come Election Day. Our deputy political director Paul Steinhauser is back with us from Harrisburg.

Paul, a lot of people will be watching this Pennsylvania Senate race.

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Oh, a lot. And you know, Randi, if the Republicans, and they need 10 seats to do that, if they win back the Senate, one of the places they're going to do it is right here in Pennsylvania, that's why we brought the CNN Election Express to Harrisburg, the state capital.

You've got a seat that is right now held by the Democrats, Arlen Specter, the Republican turned Democrat, but he lost in the primary to Congressman Sestak, who was the former Navy admiral. And Sestak is trying to hold onto the seat, keep his party.

Polls suggest, right now, though that a former congressman, Pat Toomey, is right now with a single point advantage over Sestak. Toomey, he's not a -- I don't know if you can really say he's officially a Tea Party candidate, but he enjoys support among the Tea Party movement, and one of the reasons is because he is a very fiscal conservative, somebody who really wants to balance the budget and lower taxes and that is really ringing true with a lot of voters here in Pennsylvania.

This is also a state, Randi, where Republicans thinks if they win back to the House, one of the places they could do it is right here. Republicans, they hope that they could win back maybe four to six House seats currently held by Democrats. That's why we are in Pennsylvania today. And you know, tomorrow, of course, the president is coming to Pennsylvania.

KAYE: So, give me an idea, what about the political breakdown in Pennsylvania? Why is it such a microcosm of the country?

STEINHAUSER: It really is in so many places. Let's start east in Philadelphia. That's an area that is dominated by Democrats. That's why tomorrow the president, the vice president will be in northwest Philadelphia at a school there having a rally. The whole idea is to motivate Democrats, the base voters there to get out and vote.

But, the Philadelphia suburbs are an area they can swing back and forth. The last two election cycles they have swung for Democrats. This year maybe not. We're here in the center of the state. And this is much more dominated by Republicans this is more of a rural and suburban area rather than urban area. And then out west you've got Pittsburgh and that is considered still, to a degree, a union town where Democrats dominate. So, you've got a lot of everything in the state from urban areas to about as country as you can get.

KAYE: Thanks so much. I know you'll check in with voters a little bit later on to find out what their most important issues are. And at 2:00 Eastern we'll talk to you again when you have that for us.

The Republican Party and the National Rifle Association have been close allies. But this year there is some friction. We'll tell you why.

(COMMERCIAL BREAK)

KAYE: A big breakthrough in the rescue mission at that mine in Chile. As we mentioned earlier, a drill pierced the mine roof today. Crews now need to widen the 28-inch hole and possibly encase the tunnel before bringing the 33 miners out. Once above the ground the men will undergo a series of very important medical checks.

Joining me now to talk about what medical problems the miners might face, Dr. Kimberly Manning with Emory University Medical Center.

Good to see you. So, what kind of impact has this type of confinement , do you think, had on these men? I mean, they are living in basically the size of a dorm room all this time.

DR KIMBERLY MANNING, EMORY UNIVERSITY MEDICAL CTR: It's really remarkable. And I think really the first thing to do is just think about the scenario that we're talking about here. We're talking about a mine in one of the driest deserts in the world, 2,300 feet below ground and in a space, like you said, that's like the size of a dorm room and so there's a lot of confinement, there and with that you can't move very well. You can't see very well, and then there's on top of that infection, dehydration and quite a few things that will have a big impact.

KAYE: From what I understand even in the first 17 days or so, before anyone even knew they were alive, they had like one or two ounces of milk, maybe a teaspoon of tuna. I think that was it for the whole day. Now they have been getting some more supplies. But talk about the dehydration a little more. I mean, how dangerous has that been, do you think, for them?

MANNING: So, the demand on the body for these miners is great. It's already about 85 degrees in that space. And so the body already needs more fluid. In fact, they should be getting about four liters of water a day. Now, in the first 17 days they only got one to two ounces of fluid each. And so, what can happen when the body gets dehydrated, for starters, you get a little bit weak, right. But then as things get worse it starts to put a demand on the kidneys and lead to some severe kidney injury. That's a concern with dehydration. Now that they are getting more fluids they should be trying to drink about four liters per day, but if you compound the depression, the disorientation, the overall exhaustion, it's very difficult for someone to drink that much water. And if you think about it, it's hard for us to drink four liters of water and we're not confined. KAYE: Sure, and the sanitary conditions must just be awful.

MANNING: Absolutely. There's no running water there. They are actually all using one little small corridor as the latrine. And so if you think about what could happen with infection, that's a huge possible medical complication. If there is an infection that is, in effectual contamination, for example, some kind of diarrheal illness, it could be a catastrophe. It would quickly spread amongst all 33 of the miners. And most of those illness that are carried in the feces, they leading to diarrhea which could lead to more dehydration.

KAYE: Just looking at the video that they made of themselves that they sent up to the relatives and to those who are trying to help them, it's so dark down there and so depressing and so hot. So when they come up to the surface, which hopefully will be within the next few days or at least starting on Tuesday, maybe, aren't they going to need some type of protection for their eyes and even just the fresh air?

MANNING: Well, I think the biggest deal, I think what you're referring to is the rescue is not the only part of this. Once they come out, there's going to be a lot of rehabilitation that needs to take place. I think the biggest thing with the dark is the alteration in the circadian rhythm. We need light for a good sleep-wake cycle and how the body functions really relies upon that. You know, fortunately, here recently they sent light and so they've been having periods of light and then periods of darkness, which is supposed to help with that.

KAYE: Trying to get them back on track.

MANNING: Yes, but it can be very, very difficult. And depending upon if people have underlying medical conditions, it can definitely make it much more difficult...

(CROSSTALK)

KAYE: I know these specials from the wraparound sunglasses that a lot of the skiers wear to try and help them acclimate when they get up above ground. All right, Dr. Kimberly Manning, thank you, very, very interesting.

MANNING: Thank you.

KAYE: Testing the limits of free speech. Grieving families versus protesters at military funerals. It's one of the more prominent cases before the Supreme Court and now our legal guys.

(COMMERCIAL BREAK)

KAYE: Top stories now, rescue crews in Chile have pierced through the roof of that underground mine where 33 men are trapped. Now they need to widen the hole so a rescue capsule can fit cleanly inside the tunnel. The rescues can begin in three to four days we're told and it could take longer if they encase the tube with steel tubing to prevent a collapse. The wife of the new Nobel Peace Prize winner is believed to be on her way to visit her husband, jailed Chinese dissonant Liu Xiaobo. Liu won the prize for fighting to bring political and human rights reforms to China. He was sentenced to 11 years in prison last year for inciting subversion. Liu's wife said yesterday police officers were taking her to Liu prison, east of Beijing, so she could tell him that he had won the Nobel.

All Bank of America home foreclosure sales have come to a screeching halt. The bank announced its stopping the sales in all 50 states as part of a widening investigation into flaws in the process. The announcement comes amid increasing concerns as the largest banks and other lenders have seized homes without proper documentation. Foreclosure freeze is expected to last several weeks.

Are those protests at military funerals free speech or possibly an invasion of privacy? The Supreme Court is looking into it along, of course, with our legal guys, civil rights attorney and law professors, Avery Friedman, is in Cleveland and criminal defense attorney and law professor Richard Herman is in Las Vegas.

Good to see both of you guys.

RICHARD HERMAN, CRIMINAL DEFENSE ATTY: Hi Randi.

AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Hi, Randi, good to see you, too.

Thank you, so let's start with this first case, this is the case out of Kansas where you have protests taking place at military funerals. Is this freedom of speech?

HERMAN: Well, Randi, it's going to be held ultimately to be freedom of speech to the dismay of the family of the soldiers who bury their heroes. This Baptist church -- and just remember, last week we talked about the Baptist minister in Georgia with his four boyfriends. Now we have a Baptist church who comes to these funerals, takes advantage of like a photo opportunity, brings signs that say "God hates the USA," "Thank God for 9/11." "Thank God for dead soldiers." What is up with the Baptist movement? Where is love and honor, respect? What is going on here?

KAYE: They think killing is immoral, apparently. Right, Avery?

FRIEDMAN: Wait a minute. This has nothing to do with Baptist in terms of faith. This is Fred Phelps. I've dealt with that guy for decades. He's in Topeka, Kansas. It comes out of Kansas. You're exactly right, Randi. This is a case testing the limits of free speech, because on your lower instinct you want to deck a guy like that for things that, in terms of making this family already suffering because of the loss of their son in Iraq. The question that the Supreme Court was wrestling with this year, and it was fascinating to watch, was will the court look at it simply as a private, unique funeral, which three of the justices looked at. But I think the majority is saying, look at, this guy no matter how repugnant his speech was standing on a sidewalk 1,000 feet away, the family didn't see it. I think a lot of people are going to be angry about this, but I think the Supreme Court will throw it out against this Baptist minister.

KAYE: All right, let's move on to the second case I want to talk with you guys about, the case of the Connecticut home invasion. Steven Hayes was convicted and now he is facing the death penalty. He's the first defendant to go on trial in this case. I'm sure you're familiar with it, the gruesome home invasion in Connecticut.

Facing the death penalty now. His defense attorney actually had another client who he was able to get off from the death penalty, also a very brutal murder. Got sympathy from the jury because he had been on drugs, and had a terrible upbringing. Is this going to play here as well -- Richard.

HERMAN: Well, Randi, this case is probably the most gruesome one I've read and seen. I'm sure Avery as well. There has been one person put to death in Connecticut in the last 50 years, Randi. But, I tell you, if there was ever a case ripe for it, this one is it. The mitigation phase begins October 18 where the defense attorney will try to show this jury, the same jury that came back less than four hours after getting the case on a 17-count indictment, Randi, they will make a determination whether there are any redeeming factors to save this person's life. I say it's not doing to happen. This man is going to get put to death, Randi.

KAYE: What does -- go ahead, Avery.

FRIEDMAN: I was going to say, actually, I'm in agreement with that. What's very interesting is that the Connecticut legislature almost abolished the death penalty this year. If it weren't forth Governor Well's veto, in fact, the legislature even heard from Dr. Petit, the victim who lost his family. What we're going to see starting on the 18th will be the same scenario, opening statements, evidence, closing arguments. But Richard is right. It's going to be the same jury making the decision. This guy is facing the death penalty, no question about it.

HERMAN: Randi, the defense will argue he has remorse, he tempted suicide in prison. He's being tortured living with this, that he was coerced by the other defendant in the case and he was slightly intoxicated at the time of these events. These are not defense but they are mitigators. And that's what's going to control the mitigation of the phase of this case. It's not going to be enough. This attorney succeed before, the jury is not going to buy it.

FRIEDMAN: No way.

KAYE: OK, let me just ask you real quickly, because we only have a few seconds left, here. This federal judge who's saying that prosecutors cannot use a crucial witness and testimony from a crucial witness in the first trial of this Guantanamo Bay detainee. This can really have an impact on these military tribunal versus civil cases. What, this is somebody who testified that he acatuuly sold the guy the TNT which he used to blow up -- allegedly used to blow up the two embassies, U.S. Embassies. How critical is that that they won't be able to use this testimony?

HERMAN: Well, it's critical, Randi.

(CROSSTALK)

HERMAN: Go ahead, Avery.

FRIEDMAN: I think it's significant only because it is important evidence. There's enough evidence to convict him in this case, but it does highlight exactly what you just said, Randi, the question of military tribunals versus civil courts. You've got 218 quicks in federal court, four in military tribunals. I think that tells you the story.

KAYE: OK, Richard, the last word.

HERMAN: Randi, the information about this man was derived from overseas, secret jails operated by the CIA where individuals were allegedly being tortured. This judge, Kaplan, in the southern district of New York was not going to tolerate that. He precluded the government from using that witness. This was a leadoff witness, Randi, this is an important witness. They can't use him, they're claiming they can still get the conviction, but that might be just bravado. This was a critical witness and this hurts.

KAYE: And they say that they had given up the name of this witness through torture. All right, both of you, thank you, Avery and Richard. We'll talk to you in just a bit. We have plenty more cases to get through today. Thanks so much.

FRIEDMAN: We've got Dora coming up, don't we?

KAYE: Yeah, we do. Don't forget that one, Dora, of course, our favorite of the day.

Messages from the trapped miners. One miner's wife shares what's been going through her husband's mind.

(COMMERCIAL BREAK)

KAYE: In Chile, sirens blared and the rejoicing began.

This morning a rescue drill pierced the roof of the mine where 33 men are trapped. Their rescue could be just days away. The miners have been trapped a half mile underground now for 65 days. At first, it was thought they would not be rescued until Christmas.

Days after the world learned the 33 trapped miners were alive, their families started getting messages from them. One note at a time sent through a very small tube lowered down to them.

CNN's Karl Penhaul has one miner's message.

(BEGIN VIDEOTAPE)

KARL PENHAUL, CNN CORRESPONDENT (voice-over): From the bowels of the earth, this message from the miner to his wife to say, against all the odds, he was still alive. "Dear Lila: I'm OK, thanks to God. I hope to get out soon. Be patient, have faith. God is great. We will make it out."

He writes, "Give a lot of kisses to my daughters and my grandchildren. I love them. Stay calm. And to you with all my love, I love you so much, and we will be happy forever with our family. We will see one another again soon. Good-bye my darling. A kiss, Mario."

At 63 Mario Gomez is the most experienced of the 33 miners trapped in northern Chile. His note was almost shredded as it came to the surface taped to the probe rescuers were using to try and locate the men. Authorities had feared the miners were surely dead.

But Gomez's wife, Lila, built a shrine near the collapsed mine and never gave up hope. Each man listed by name.

"I gave strength to other relatives. I told them, cry, if you want to, but don't imagine the worst because our men are still alive," she says.

Gomez has been working in Chile's copper pits since he was 12. His father was a miner before him. Once he's finally rescued, his family is determined he'll never go underground again.

"I don't want to hear anything more about mining after this, because he would have to choose between the mine, or his wife," she says.

These are the first images of the survivors when a camera was lowered into the mine Sunday. When a micro phone was sent down the next day the miners sang the Chilean anthem.

(On camera): Up on this barren hillside, relatives have plant add flag for each of the miners trapped underground; 32 Chilean flag, one Bolivian flag. As long as it takes, the Chilean government is vowing to bring each one of them home alive.

(voice-over): As day fades, families stoke the fires in the camp where they have been living since the cave-in. And wave good-bye to some of the workers that have helped in the rescue effort. It may still take time, but they now seem sure they will get their happy ending.

Karl Penhaul, CNN.

(END VIDEOTAPE)

KAYE: What an incredible story that is. Want to go now to Reynolds Wolf.

Reynolds, isn't that something, just to see all the celebrations there?

REYNOLDS WOLF, AMS METEOROLOGIST: Amazing story. Amazing story. Something that we needed. No question about it. Very happy story. It's not over yet. So let's certainly keep our good thoughts for all our good friends in that part of the world. (WEATHER REPORT)

KAYE: She was the voice of Dora The Explorer until Nickelodeon decided, well, she no longer sounded so right. Now, she is suing. It is a talker for our legal guys.

(COMMERCIAL BREAK)

KAYE: Investigators are taking a new look at the 1996 Jon Benet Ramsey murder. Let's bring our legal guys back into the discussion. Civil rights attorney and law professor Avery Friedman in Cleveland with us today and criminal defense attorney law professor Richard Herman is in Las Vegas.

Richard, let's start with you on this one. Interviews under way involving the killing of this little girl; she would have been 20 years old today. What do you think they are looking for? Do you think they are trying to jog some memories here?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: You know, Randi, I think it came as a result of certain revelations by her brother who was apparently in the house at the time. He was nine years old. I know when I was nine years old I hit a ball so far, playing baseball, it could have gone out of Yankees Stadium, but in reality it couldn't. So, I don't know what the revelations are.

It is pathetic what happened with this case here. The police force blew the investigation. They are going to try to use the latest technology in DNA to try to resurrect some sort of evidence here. I think it's blown. I think the case is a dead case and it's not going anywhere.

KAYE: Desperate attempt here, Avery?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Yes, but good for law enforcement.

By the way, that was you in Yankee Stadium, Richard. I thought that was you.

I think it's a desperate attempt, I agree. But you know what, keep pushing. Sooner or later in cold cases, there's going to be a crack, something will happen. Keep pushing it. Doing the right thing.

KAYE: All right, Avery also on this one. There is this long-time federal judge in Georgia charged with buying cocaine for a stripper with whom he allegedly had an affair. His lawyer is saying, you know, what, this has nothing to do with him being a judge. It's more about him being a husband. Avery, your thoughts?

FRIEDMAN: Ah, it kills me. Look, you know, I hold federal judge, Randi, federal judges in absolute the highest esteem. And I don't care who made the appointment. They are generally the best of the best. I think that's a proper perspective. Coke, two guns, felons, strippers. I mean, this is bizarre. He's what, 67 years old. Mandatory federal gun would be five years max, anyhow, a big bowl of trouble. I'm trying to pretend it's not a federal judge. Best I can do for you.

KAYE: Richard, what about you? Can you pretend also?

HERMAN: No, I can't pretend. When federal judges, or any judges, act like lunatics the entire legal system takes it in the stomach. It's just horrible.

FRIEDMAN: Yes.

HERMAN: There is no credibility left when things like this happen. This guy has unregistered handguns in his car. He's going to get convicted of that. He's got major problems. Cocaine possession, buying with an undercover. It's really bad for this guy. This, by the way, is a judge who was law and order, any kind of drug convictions, give maximum sentences to drug dealers. It's unbelievable, Randi, the hypocrisy is just horrendous here.

KAYE: Well, let's continue.

FRIEDMAN: Watch a flurry of motions for defendants that have been convicted by him, too. You'll see.

KAYE: That's right.

Let's talk about this -- we'll continue the lunacy here and talk about the judge in Mississippi who jailed a lawyer, held him in contempt for refusing to recite the Pledge of Allegiance. Avery, I know you're pretty hot on this. What are your thoughts on this?

FRIEDMAN: What heck? I mean, you know what, the Supreme Court addressed that issue back in 1943. Remember the name Talmadge Little John. This guy is going to go into American constitutional infamy. Nothing worse. This guy is terrible. Should be removed from the bench. Bring a federal case, get an injunction, report him to the bar association, get rid of this guy.

KAYE: Richard, the lawyer who was jailed said he's an American and he doesn't have to say it.

HERMAN: Not only is it that, Randi, this guy is a pro constitutional attorney who fights free speech cases. He's got all the briefs in his office, on his computer. He's going to level a massive lawsuit against this judge who has he had run-ins before in the past. Just abhorrent behavior by this judge. It's again, Randi, a blow right to the gut for anybody involved in the legal system when judges act like lunatics.

KAYE: All right. Let's talk about, I know this is your favorite story of the day here. The case of Dora the Explorer. She's suing Nickelodeon. She says she was cheated out of millions of dollars. She had 22 minutes or so to sign a contract. Didn't have good legal representation.

What do you make of this case, Avery?

FRIEDMAN: She had no legal representation. One of the things people in television and entertainment do, instead of looking to get legal advice, they rely on agents. I'm going to get in trouble for saying this. The truth is she did have representation, it was a talent agent, wasn't a lawyer. Twenty-two minutes, not unreasonable. I actually don't think her case is going anywhere, Randi. I think she is out.

KAYE: Richard, what do you think? She was paid $40 a day or so to travel around the country. Now she's 14 years old and suing. Meanwhile, all the toys and DVDs, it's racked up billions of dollars.

HERMAN: She was a minor at the time she signed the contract. Maybe it was not ratified by a court, maybe it didn't have to be ratified by the court. I don't know who her guardians were at the time she oversaw this.

But you know, 22 minutes, she had more than that, Randi, she didn't have to sign the contract. She could have walked away. She could have said, I need two days, I need to get a lawyer. I need to have it reviewed by other people.

No, she wanted to be in show business. You know, meeting of the minds. The document is all-inclusive. The writing in that document will control. I'm sure those provisions are in there. She's going nowhere, Randi.

KAYE: You guys are tough.

FREIDMAN: Dora is going down.

KAYE: Dora is going down. Wow, that's sad. You guys are tough today.

HERMAN: I know you watch Dora. Randi, I know you watch Dora, come on.

KAYE: That's right. I do. I admit it.

All right, guys, thank you. Avery, Richard, always a pleasure. That was fun.

Listen to this, the National Rifle Association is backing some Democrats. That's right, Democrats. Brian Todd is on that story when we come back.

(COMMERCIAL BREAK)

KAYE: It's now just 24 days until the midterm elections. We're keeping an eye on all the latest headlines at CNNPolitics.com. Here is what's crossing the Ticker right now.

California gubernatorial candidate Jerry Brown gets an important endorsement. The state's National Organization for Women announced they will back the attorney general in his race against former eBay CEO Meg Whitman. This, right after a rude comment about rival Meg Whitman by a Brown staffer was revealed. Former President Bill Clinton is heading out on the campaign trail next week. He'll be in West Virginia to support Democratic Governor Joe Manchin. Manchin is in a tight battle to fill the Senate seat left vacant by the death of Senator Robert Byrd.

In another endorsement news, the National Rifle Association is backing candidates from both sides. They are supporting 200 Republicans for Congress and 64 Democrats. But some of those Dems are in vulnerable districts, the GOP thought they could capture. More on that story now from CNN's Brian Todd.

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CHARLTON HESTON, FMR. PRESIDENT, NATIONAL RIFLE ASSOCIATION: From my cold dead hands.

BRIAN TODD, CNN CORRESPONDENT (voice-over): The iconic image of NRA, Hollywood maverick, the late Charlton Heston, brandishes a musket, a legendary portrait of the gun lobby's tight relationship with conservatives. But huh? Harry Reid?

The Democratic Senate majority leader shown here in a campaign video has been endorsed by the NRA in the past. Not this year, he backed Supreme Court nominations of Justice Sotomayor and Kagan, who the NRA believes don't support gun rights.

But the group is backing 64 Democrats running for House seats this election cycle, most of them incumbents, including several running for seats viewed as crucial for winning the majority in the midterms.

TOM DAVIS, FMR. REPUBLICAN CONGRESSMAN: They are an interest group like any other interest group. They want to advance their interests.

TODD: Former GOP Congressman Tom Davis was once chairman of the National Republican Congressional Committee, the party's arm that pushes House campaigns.

(On camera): Why is it in the NRA's interest to push incumbent Democrats this year?

DAVIS: Well, incumbent Democrats have stood with the NRA on a very tough votes. You have to reward people that are voting for you or they're not going to vote for you in the future.

TODD: It was a group of House Democrats who go the Obama administration to back away from reinstituting a ban on assault weapons.

(On camera): Despite their traditional linkage with the Republican Party, officials here at the NRA insist to us they are not a partisan organization. One official said, if you're a candidate and you are sincere about fighting for the Second Amendment, the right to bear arms, you'll get the NRA's support. But he also said flat-out, if you don't, we'll go after you.

(voice-over): If two opponents have earned the same rating, the NRA favors the incumbent even if it is a Democrat.

(On camera): If you are a Democrat does the NRA's backing kind of inoculate you from some criticism?

MARK PRESTON, CNN SENIOR POLITICAL EDITOR: Republicans are going to go out and try to label all these Democrats, Nancy Pelosi's Democrats. If you have the NRA backing, you can say, I'm not a Nancy Pelosi Democrat. I'm a Democrat that represents you.

TODD (voice-over): The NRA brings considerable financial backing when it endorses. An NRA official told me they will spend $15 to $20 million this election cycle. Tom Davis says it's not the money the NRA brings that's so crucial. It's the fact they have people in virtually every district in the country who can pound the beat in favor of, or against, any candidate. Brian Todd, CNN, Fairfax, Virginia.

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KAYE: It is a story so horrific you may actually remember it, from 20 years ago. A father seemingly condemns his infant son to death by injecting him with the AIDS virus. Today that baby is alive and well.

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BRYAN JACKSON, AIDES SURVIVOR & ADVOCATE: We can have a testimony and we can have a bright future, or we can continue to let the past control us.

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KAYE: He says he is living proof of the power of faith. His story right after the break.

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KAYE: At just five months old Bryan Jackson made national headlines after his father did the unthinkable, intentionally injecting his son with HIV. Two decades later Bryan believes faith and forgiveness are the main reasons he's still alive.

Reporter Melanie Moon of CNN affiliate KPLR has the story from St. Louis.

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MELANIE MOON, KPLR REPORTER (voice-over): It was a story that shocked the nation. In 1992, when Bryan Jackson was 11-months-old, his lab technician father injected him with HIV tainted blood to avoid paying child support. His father was sentenced to life in prison and Bryan was left to fight a disease that at the time was considered fatal.

BRYAN JACKSON: When I was five I was diagnosed with full-blown AIDS.

MOON: As a child Bryan's daily routine involved 22 oral medications and two injections. One of those medications affected his hearing and his speech.

JACKSON: I think it's about 70 percent, 60 percent.

MOON: Time and again he defied the odds, today is a college freshman, has a girlfriend and loving family and has gone from AIDS victim to activist.

JACKSON: We can have a testimony and we can have a bright future, or we can continue to let the past control us, let the past control the family, control the environment. You can stay there forever. You can be a prisoner to that. Or you can let it go, give it to God, and then you can rise above it. You're part of something that is greater.

MOON: In 2009 he reclaimed the acronym HIV for his own nonprofit organization, Hope Is Vital, which spreads awareness and education about HIV and AIDS. He speaks at schools and other public events like Lorenzo Jackson Foundation's Night of Giving last week in University City.

JACKSON: People tend to put HIV and AIDS inside a box. People tend to say, hey, let's not talk about that.

MOON: Since Bryan was a teenager he has lobbied on Capitol Hill for AIDS funding and has received numerous awards for his activism, including Nickelodeon's Halo Award presented last September by entertainer Nick Cannon.

JACKSON: Who is deserving of a Halo Award? You are.

MOON: But it Bryan's heart that gets the most attention. Through his faith, Bryan has forgiven his father.

JACKSON: I pray for him. I hope the best for him. I hope I can transform his heart somehow. I pray that he knows that I forgive him.

MOON: Bryan says right after he decided to forgive his father, his health began improving. His AIDS virus is undetectable in his blood. And he's gone from dozens of pills a day to just four.

JACKSON: Given (UNINTELLIGIBLE) chance of passing on the virus, so you know, hopefully God will bless me with the opportunity to have kids of my own, and show them, I want to be the father that I never had, to them.

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KAYE: A final look now at our top story.

Rescue crews in Chile pierced through the roof of that underground mine where 33 men are trapped. Now they need to widen the hole so a rescue capsule can fit cleanly inside the tunnel. The rescues could begin three or four days. It could take longer if mine engineers decide they need to encase the shaft with steel tubing to prevent a collapse.

The trapped miners physical well-being, well that is priority number one, but their mental state is also a concern. At 2:00 p.m. Eastern we'll talk to an expert about what emotional challenges those miners might face.

Then at 3:00 o'clock, the financial fears of women. We'll tell you what they are an, of course, how to conquer them.

Plus a series of brutal anti-gay hate crimes in New York City. We'll bring you the latest on the investigation. "YOUR $$$$$" starts right now.