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Elizabeth Smart Kidnapper Guilty; FAA Missing Owner Info On Planes: Detroit's Steps To Recovery; Fighting Concussions Head-On; Palin Goes to Haiti; Tax Deal Makes Strange Bedfellows; Newark Mayor Cory Booker on JKUSA; Original "Rules of Basketball" For Sale
Aired December 10, 2010 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ALI VELSHI, CNN ANCHOR: Thanks, so much, for the great coverage of this. We'll continue it from here.
Waiting to hear what the jury decided about Brian David Mitchell. This is a man who Elizabeth smart, who's now 23 years old, testified in this trial. Told her that her marriage was - to him, was preordained and that she would be by his side as he took seven times, seven wives and successfully battled the antichrist. That they would hold exhalative positions in god's new kingdom.
So, the issue here is, did he know what he was saying? Does he believe he is the antichrist? Does he believe he was - that he was meant to battle the antichrist? Does that man you are seeing on the screen know what he was doing? Did he know, at the time, that what he was doing was wrong?
He has had - his defense has brought up experts who have said he did not know what he was doing, he was so mentally at the time - mentally ill at the time, that he kidnapped Elizabeth Smart, he did not know right from wrong. He has been described as delusional and psychotic. One diagnosed him as a paranoid schizophrenic.
So, the issue here is, have they met the fairly high legal bar that is set to determine whether somebody is insane or not mentally liable for what they have actually done? That is going to be what this hinges on. We know the jury has come to a decision on that and we are waiting to hear what that decision is.
In the meantime, B.J. Bernstein joins me. Criminal defense attorney, B.J. Bernstein, joins me now on the phone.
B.J., in some cases, the establishment of insanity is left to a jury. In some cases, it's left to a judge. Tell me a bit about this process.
B.J. BERNSTEIN, CRIMINAL DEFENSE ATTORNEY (via telephone): Well, actually, in this case, what happened is the judge, in this case, actually determined the first threshold of the defense, incompetency, could this man, Mr. Mitchell even stand trial because he was - was he able to help his lawyers? Was he able to be able to handle himself in the courtroom such that he could even have a trial?
And this federal judge said, yes, he could. Although, a year earlier a state court judge in Utah said, no, he couldn't. So the fact that we're even at this second, you know, trial, so to speak, in a way, of his mental health issues, puts it unique.
Now we're at the stage where the jury is kind of deciding that next threshold, not can he just help himself at trial, but at the time of the offense, at the time he went into that house and kidnapped Elizabeth Smart, did he know the difference from right or wrong? And that's the part that the jury has to decide which so far no one has had to deal with until now.
VELSHI: All right. What kind of things have to be determined for the jury to make this decision? What kind of things have to be proved? Because, I mean, could they decide that he's sane and really did belief he was getting messages from god to fight the antichrist?
BERNSTEIN: Well, that really - that can happen. I mean, again, this is the magic, or the peril of a jury in, that it's not an expert opinion. Both sides, both the government and defendant's lawyers put up dueling experts. Psychiatrists saying that he could understand what he was doing and then the exact opposite. And yet, now we're asking 12 laypeople to come in and say, which one do you believe? And that's why the insanity defense is always difficult. It rarely works because people have those concerns that you are just trying to get away with something. And that would be that, you know, the deciding factor for this jury.
VELSHI: B.J., what is the implication of this jury determining he was either sane at the time of the crimes or insane?
BERNSTEIN: If they find that he is -- if they find he's sane they're going to find him guilty. Just like any other defendant. He would face a lengthy, lengthy prison sentence and doubtful he would see the light of day any time soon. If they find him not guilty by reason of insanity then it's not necessarily that Mitchell will be out on the streets of Utah, but rather will be hospitalized for at least a period of time until he could be determined to be safe for society and that would constantly reoccur in the courts where you would go back, have to go to court. The Smarts would have to live with years of making sure that he is not deemed sane at some point and be released.
VELSHI: If he is deemed not responsible by reason of insanity, can that trial ever come back to him? In other words, is that it? Is that over?
BERNSTEIN: It really should be over. I mean, it's not something that the government could appeal. It would stay, you know, to that point, and he would not be re-trialed on - you know, retried on this point on the issue of insanity or sanity.
VELSHI: All right. Given the evidence, this one of those things - you made the interesting point that a jury of lay people is going to have to parse the words of experts on both sides, on the defense side, on the prosecution side as to Brian David Mitchell's sanity. What are the pitfalls of having them do that and what are the legal repercussions of having them do that? In other words, once they do that, what happens if they just didn't read the evidence correctly? BERNSTEIN: You know, we live with jury decisions, whatever they are. Now, if he is found guilty and not insane then he can expect a lengthy period of appeals where the defense will appeal to the higher courts and they will have a lot of issues to fight about, because what's unique here - my goodness, this young woman went through this hellish experience, maybe years ago, why are we just now having a trial now? That's because a state trial in Utah was attempted, but the judges found him incompetent and so then the federal government took over. The federal prosecutors took the case and had to march forward. That's why we're so long down the road to even knowing what's going to happen to this man.
VELSHI: All right, we are getting verdicts in as we speak right now. He is guilty on count one and guilty on count two. At the moment, my producer is giving me this information right now. Brian David Mitchell found guilty on count one and two. I will tell you momentarily what those counts are and whether or not this determines - and I don't know if you know this, B.J., whether or not the finding of guilt means they have determined that he is mentally responsible?
BERNSTEIN: That's correct. If he has been found guilty then he - the insanity defense did not work. This man has been held criminally responsible. What the smart family has wanted ever since this case started. They have really received today which is a guilty verdict.
VELSHI: All right. So, this is what they wanted. This means the attempt to have him declared not guilty by reason of insanity has failed. What are the - what are the logical outcomes of that? What happens? Does he have appeal rights now?
BERNSTEIN: Yes. The next phase will be the sentencing by the judge. That - because we're in federal court, that will not happen today. There will be a period of time, in a couple months, where he will actually be sentenced and then after that you can expect an appeal to a federal appellate court.
VELSHI: And those - when you say it won't happen today, that's because there are sentencing guidelines. The judge will call for submissions on what sort of sentence should be imposed?
BERNSTEIN: Exactly. The Federal courts are different from state courts in that there's a requirement of the probation department doing a special report for the judge recommending what the sentence should be within the federal guidelines which is a system of grids where you look at the offense, the person's background, how serious it is and decide what the sentence should be. And that is not something that's done at first.
VELSHI: B.J., you're still, are you not?
BERNSTEIN: I am still here.
VELSHI: I have a dial tone in my ear. That's not you. We're working on getting Ted Rowlands and Paul Buchanan (ph), who is our reporter and producer on the site on to the phone. They were in the courtroom for this. They are getting to us to bring us the detail on this.
But what we know is that the effort by Mitchell's attorneys to have him declared not guilty by reason of insanity or have him declared not mentally responsible, at the time of the crimes, has failed. And the jury has found Brian David Mitchell guilty on two counts which means that he is now going to move toward the sentencing stage.
Obviously, B.J., when we think about an appeal, is this an area on which they can appeal? In other words, can they say, you came to the wrong conclusion about his sanity?
BERNSTEIN: That will be part of the appeal and then, also, part of the appeal will be the fact that this trial even occurred when a state court judge found him incompetent and then it was elected to go to federal court. You're going to see fights down the road about that.
VELSHI: We should tell you that Mitchell's legal wife brokered a deal with state and federal prosecutors this year. She was sentenced to 15 years in prison in exchange for testimony against her husband.
BERNSTEIN: She actually testified for him.
VELSHI: Yes.
BERNSTEIN: During the trial of the case. That was what was so, so bizarre is she wasn't called by the state or the government. She, in fact, was called by her husband to testify, and they got to cross examine him. So, it was a little weird in that the deal was cut and they use --
VELSHI: B.J., stand by a second. Let's go to the courtroom. Ted Rowlands is standing by. Ted, what have you got?
TED ROWLANDS, CNN CORRESPONDENT: Well, Ali, I just left the courtroom and heard the reading of this verdict. He was guilty on both counts. Elizabeth smart was in the front row with her family. Immediately after the first verdict was read she smiled from ear to ear, well, for her it was ear to ear, and her little sister smiled and her mother and her father smiled during the reading of both of the verdicts.
VELSHI: Ted, this - the big discussion here, of course, was whether or not they were going to find him guilty or not guilty by reason of insanity. What was your sense of how that was going with the jury?
ROWLANDS: Well, I'll be honest with you, sitting through the closing arguments yesterday, and the fact this jury deliberated five hours, it was clear they were going to come back with a guilty verdict, especially, if you look at the makeup of this jury. Prosecutors did a very good job of articulating their view and Brian David Mitchell was a manipulator and actor and had been all of his life and changed his demeanor when it suited him or when he was in trouble, or potentially in trouble, he became a different person. So, the idea that he was a raving lunatic that didn't understand what he was doing, the prosecution said was just completely nonsense and this jury, definitely, believed them.
Mitchell did sing throughout this whole proceeding. In fact, today during the reading of the verdict, he was singing during the entire proceeding, which was odd, but the jury's used to it and so is everybody in that court.
VELSHI: And given he believes that he's - or at least he was claiming he was sent by god to battle the antichrist, was it singing - was it scriptural or just, sort of, music?
ROWLAND: Today - well, throughout the six-week trial, he's gone in a lot of different modes. He was on a Christmas carol bent for a long time, in fact, that went all the way until yesterday. Today when he came out he was singing a scriptured-based song talking about the prophet and - I wasn't familiar with the song, but it was a religious- based song, and he, sort of, sang it at a very low tone. Normally - or in a lot of cases, he was very boisterous and loud so the judge pulled him out of the court immediately.
Today he was singing at a little bit lower volume level so they let him stay. I think they wouldn't let him stay, anyway, no matter what, through this one. And it actually wasn't very disruptive because you could hear everything going on fine even with him singing along. He didn't open his eyes, really. He would just sit there with his eyes closed which, basically, is what he was doing throughout the trial.
VELSHI: At one point, he was taken out, we have video on the screen, of him being taken out on a stretcher with oxygen given to him. There - he was unwell. Apparently, they - the defense said he suffered a seizure. We've got him getting into an ambulance here. Did he seem to be in good health?
ROWLAND: He's frail. He spent the last eight years in prison, but you know, he's in relative good health, I guess. He looked - he looks fairly sickly. He's in his late 60s now.
So you know, this is a man that prosecutors say was spending his life, basically, with different types of characters that suited him. And then what they said what fueled this kidnapping was just pure lust. It had nothing to do with anything else, and that he was after this young woman - this young girl, 14-year-old girl, because he was a pedophile. It's simple as that, they said. And the jury, obviously, given the fact after six weeks of testimony, came to a verdict in just five hours, they believed the prosecution.
VELSHI: Ted, one last night. B.J. Bernstein was telling us sentencing won't take place today, the judge will be soliciting information about sentencing. Any sense yet being convicted of the two counts? What the sentence is likely to be, or what the range is likely to be?
ROWLAND: Well, the range could go all the way to life in prison with the kidnapping and the - or both kidnapping charges, one taking a minor across state lines for the purpose of sexual conduct - or misconduct. The top end of this is life in prison. And given his age it's a safe bet that he will likely spend the rest of his life in federal prison.
One thing to note here, Ali, is the state courts did rule that Brian David Mitchell was incompetent to stand trial and that's why we're in federal court in the first place. And that's why almost eight years later there hasn't been justice in this case in the eyes of the Smarts. Today it appears they got it, at least, looking at their reaction in the courtroom.
VELSHI: Okay, Ted, we'll get back to you as soon as there's a new development. We'll stand by for comment from the families and from the defense.
Ted Rowlands, thanks very much for this. Brian David Mitchell found guilty on both counts in the Elizabeth Smart trial and sentencing is still to come.
We'll stay on top of this for you. We're taking a quick break. We'll be right back.
(COMMERCIAL BREAK)
VELSHI: The breaking news is that that man you are looking at, Brian David Mitchell, has been convicted on two counts. He's been found guilty of two counts in the kidnapping of Elizabeth Smart.
His defense had tried to have a determination made that he was not responsible by virtue of insanity. They had people testifying to that extent. But the prosecution said otherwise and the jury has decided that he is criminally responsible, that he knew what he was doing back when he kidnapped Elizabeth Smart when she was only 14 years old.
She's 23 years old now. She and her parents were in the front row of the court. Ted Rowlands is on top of that story. He just came out of court with the ruling. And we will go back to him in a little while. We'll also monitor for comments from Elizabeth Smart and/or her family or lawyers.
But at this point, Brian David Mitchell has been found guilty. The judge will make a determination over the course of the next few weeks as to what his punishment for that will be. Could be up to life in prison.
OK. Another story I want to tell you about. Talk about off the radar. Turns out that one of three planes registered to fly in the United States may not be registered at all. At least not properly. And that means at any given moment, the FAA may not be able to match tens of thousands of planes, big and small, with their legal owners.
If you're thinking, so what? Think about your car. Every state keeps track of vehicle ownership for tax and insurance reasons. For airplanes, there are tax issues, landing fees, safety notices and the really big concerns, terrorism and crime. Planes with bogus tail numbers can and have been used to smuggle drugs. And if you want to lose sleep tonight, I'm sure you could think of a much more sinister scenario than that.
Here's the picture. Three hundred and fifty-seven thousand private and commercial aircraft in America's skies, and the FAA figures 119,000 of those are questionable. They are missing. They're inaccurate. They've been revoked.
So what are the feds going to? Cancel everybody's registrations, make them refile and make them renew those registrations every three years. And thus we hit two (ph) at the top. Chris Dancy is with Aircraft Owners and Pilots Association. He joins me on the phone from Washington.
Chris, what do you think of this?
CHRIS DANCY, AIRCRAFT OWNERS AND PILOTS ASSOCIATION: Well, I tell you, Ali, it's important to understand, when this notice first came out three years ago when they said that they were going to do this, you know, we said, OK, the database needs to be updated, but it's -- the security issue is not the aircraft, it's the pilots intent. And pilots are all known. Every pilot is vetted -- has been vetted and is continually vetted against the terrorist watch lists.
Now, while we understand that not knowing the information, not being able to pinpoint may be of concern to security agencies. You know, to call this a security problem is probably not accurate. Now, again, the database needs to be corrected.
VELSHI: Right.
DANCY: But to --
VELSHI: Right. So we've had reports of planes where there are active numbers but the plane's been junked or the plane's been retired from service. Chad Myers was just earlier checking -- he, you know, he saw a tail number of a plain that was in the sky, checked it out, and, you know, says that these tail numbers are reassigned to other airplanes. Sounds like it just needs to be fixed.
DANCY: It truly does. It's -- you know, but this -- you have to remember that the registration system, as it currently exists, dates back to a much simpler time, a paper-based time, and it, you know, pilots only had to reregister when they sold the aircraft.
VELSHI: Right.
DANCY: So if a pilot moved and for whatever reason that particular branch, the aircraft registry perhaps or the FAA didn't get the message, they lost track of the plane.
VELSHI: Yes.
DANCY: It didn't mean that anything was wrong with it, it's just they lost track of it.
VELSHI: Right. Is this --
DANCY: So you have --
VELSHI: Is this something, Chris, is this something that can be done relatively easily? I mean I assume in today's day of digital registration for everything, this doesn't have to be an onerous process for plane owners and pilots?
DANCY: The FAA has created an online component. Basically what they're going to do is, each year for the next three years, cancel the registration for a third of the fleet and the pilots will have to register. That will, at the end of three years, create a rolling situation where you have to register every three years.
It's a little bit more burdensome for the people whose registration is being canceled this year because they have so little time to get it done. But, you know, it is a process that needs to be taken care of. The registry needs to be brought up to date. They have added an online components. So, you know, it is a bit of a burden. We're hoping that it will become less burdensome over time. But it should be something that can be done relatively easily.
VELSHI: OK, Chris, thanks for keeping us posted on this. We appreciate it.
Chris Dancy with the Airplane Owner and Pilots Association.
Well, with WikiLeaks backing attackers websites -- WikiLeaks backers attacking websites, like Amazon, Visa, PaPal, you might be wondering whether your money is safe. Well, we have the answer from a top U.S. official who's responsible for protecting your cash in just a minute.
(COMMERCIAL BREAK)
VELSHI: Breaking news, a Utah jury has just convicted Brian David Mitchell of kidnapping Elizabeth Smart and taking her across state lines for sexual purposes. We learned the verdict just moments ago.
Mitchell's defense tried to argue he was legally insane when he snatched the 14-year-old girl at knife point from her bedroom in 2002. Elizabeth Smart, you see her there, now 23 years old, testified that she was raped daily.
Well, with all the talk about WikiLeaks' related hacking and cyber security, a lot of you are asking if your money is safe. And, remember, a couple of years ago, Wiki -- a couple of weeks ago, WikiLeaks founder Julian Assange said he'll have some information in the new year that could take down a bank or two.
So I asked the head of the Federal Deposit Insurance Corporation, the woman really at the heart of regulating our banking system, what she thought about it. Here's chairman Sheila Bair's answer. A CNN exclusive for my weekend show, "YOUR $$$$$."
(BEGIN VIDEO CLIP) VELSHI: One of the things that you've gained a lot of acclaim for through the worst of the financial crisis is when we didn't think that everybody really had a handle on what was going on. You certainly had your finger on the pulse of banks in this country.
SHEILA BAIR, CHAIRMAN, FDIC: Right.
VELSHI: So I assume that you and your colleagues have the best sense of what's going on in banks. Have you lost any sleep over Julian Assange and WikiLeaks talking about having enough information to bring down a bank or two?
BAIR: Oh. Well, yes. Well, you know, listen, I think it's always important for everybody to understand deposit insurance and understand that if you're fully insured at your bank you have nothing to worry about. And we have a special website, myfdicinsurance.gov, that explains our rules. The basic rule is $250,000 per depositor per bank, but you can get more than that through structuring your accounts. And our website will help people walk through that.
I think if you want to learn more about banks, there are reliable sources of information. Our website, our call reports have a lot of financial information about banks. There are credible analysts out there. So I would look for reliable information about the banking sector and understand that if you're below our deposit insurance limit, you're fully insured no matter what.
VELSHI: You think it's likely that there's information about banks that you don't know?
BAIR: No, I don't. And I said this before. I can't imagine what could be out there that they think would have such a big impact. It sounds like it's old information, whatever it is.
VELSHI: Right.
BAIR: So, you know, I've got to tell you, I just ignore that kind of thing. I think people are just trying to stir up trouble and scare people. That's not particularly constructive. And so I ignore it and I would hope other people would do the same. Look for credible sources of information if you're interested.
VELSHI: Sheila Bair, always a pleasure to talk to you. Thank you for being with us.
BAIR: Nice to talk to you, Ali.
(END VIDEO CLIP)
VELSHI: More of that interview on "Your Money" this Saturday at a special time, just this Saturday, 2:00 p.m. Eastern, not 1:00 p.m., 2:00 p.m. Eastern, Sunday at 3:00 Eastern. Christine Romans, my co- host on that show, is also the author of "Smart Is The New Rich," which you can get on bookshelves now.
OK, we're going to take you to Detroit, home of the big three U.S. automaker, GM, Ford and Chrysler. They are the city's lifeline. So when the financial crisis sent car sales tumbling, thousands of jobs there went down with it.
But Detroit is starting to recover. CNN's Chris Welch went to a place that gives a little bit of hope to autoworkers.
(BEGIN VIDEOTAPE)
CHRIS WELCH, CNN CORRESPONDENT (voice-over): That's the sound of doors opening on a job fair in a city that could sure use one -- Detroit. And this kind of career open house is a particularly rare breed because this isn't several businesses collecting resumes. It's one company that's looking to hire 400 new employees.
JOHN HOWANIEC, TATA TECHNOLOGIES: It's a significant jump, and it really represents a turning point, we believe, in the manufacturing industry here in Michigan.
WELCH: Tata Technologies is looking for designers, engineers, all kinds of technical professionals.
UNIDENTIFIED FEMALE: And what kind of a position are you looking for?
UNIDENTIFIED MALE: Engineering supervision.
WELCH: It's part of India-based Tata Group. They may not have a household name, but their clients sure do. Tata works with nearly every major automobile company in the city.
JOHN GIBSON, PROJECTS GROUP MANAGER, TATA TECHNOLOGIES: New vehicle developments is ongoing and obviously that creates the demand in our domain for engineering and design services.
WELCH: That new demand means for John Kloian it's the chance to get back into a career he loved before he was laid off.
JOHN KLOIAN, FORMER FORD EMPLOYEE: I worked for Chrysler, General Motors, in the last 20 years I was with Ford Motor. The reason I came here today is because this was one company, instead of out of the job fairs there are like maybe 30, 40, 50 companies and I didn't think they were too productive.
UNIDENTIFIED MALE: I've only heard of it.
WELCH: William Hall (ph): is a recent graduate looking for a job in computer simulations. He barely received two callbacks from potential employers all summer. So, for him, meeting people face to face was a welcome change. But it also came with a fair amount of jitters.
WILLIAM HALL: I'm sorry, I'm a little nervous.
WELCH: Nervous, yes, but then relieved as he moved to round two of interviews.
HALL: I apologize if I smile. I'm quite excited to hear good news for once.
WELCH: A smile in a year that, for Hall and many others, has no doubt seen its share of frowns.
Chris Welch, CNN, Detroit.
(END VIDEOTAPE)
VELSHI: Let's go right to Salt Lake City, outside the federal court. That is Becca Woodridge, the stepdaughter of Brian David Mitchell, who has been found guilty on two counts.
REBECCA WOODRIDGE, BRIAN DAVID MITCHELL'S STEPDAUGHTER: I don't hate anybody though. No matter what they do. It's not my place.
QUESTION: What do you think should have happened in court today?
WOODRIDGE: I think he should have been found not guilty by reason of insanity and sent somewhere to be further evaluated and looked at, you know, to try and figure out why he's doing the things he's doing.
QUESTION: Why do you have this connection to him, still, you know, after years of abuse?
WOODRIDGE: I hadn't seen him in over 22 years and it was actually a statement that I heard on the news from Ed Smart. I can't recall the exact statement, but it set me flaming and I came down to court the next day during the competency hearing and I've been here since. They just -- if I could remember it, I would tell you. But it was something that was said that got me so upset.
VELSHI: OK. We'll keep watching that. That is Rebecca Woodridge, Brian David Mitchell's stepdaughter, who was at the federal, at the federal court outside of the court where Brian David Mitchell was just found guilty by a jury of two counts of kidnapping in the case of Elizabeth Smart, who was 14 years old when she was kidnapped.
We are continuing to monitor everybody coming out of that court. We will bring you various comments as they become available.
We're taking a quick break, we'll be right back.
(COMMERCIAL BREAK)
VELSHI: Let's go back to Salt Lake City outside federal court. This is someone speaking on behalf of Elizabeth Smart's family.
Let's listen in.
(JOINED IN PROGRESS)
CARLIE CHRISTENSEN, PROSECUTOR: -- and Alicia Cook (ph), who is with the district attorney's office from Salt Lake County and brought particularized expertise and experience to this.
But the beginning and the end of this story is attributable to a woman with extraordinary courage and extraordinary determination, and that's Elizabeth Smart. That young woman had the ability and the willingness to recall the graphic details of her nine-month captivity, and she did it with candor and clarity and a truthfulness that I think moved all of us and gave a very powerful and credible story. She is a remarkable young woman, and again, the beginning and the end of this story.
I will take a few questions or we can pose a few questions to our prosecutors. As Miss Writoff (ph) indicated, we do plan to have a media availability this afternoon at 1:15 at our office.
QUESTION: Maybe we can start with the prosecutors in regards to just your reaction to your verdict here and your thoughts and feelings at this time?
CHRISTENSEN: Go ahead.
UNIDENTIFIED MALE: All of us are very satisfied, that's all I can say.
We're very pleased that the jury came back with the verdict it did, and as you heard Mr. Christensen say, it was a reflection of I think miss Smart's testimony and all the other evidence that was produced at trial.
So we're very, very pleased.
QUESTION: Was there anything there, a key piece of evidence that you felt like just took it over the top?
UNIDENTIFIED MALE: Elizabeth Smart's testimony.
QUESTION: What was the biggest challenge in bringing this case?
CHRISTENSEN: Do you want me to address it?
I think the biggest challenge comes with the amount of time that had transpired between the time Elizabeth was kidnapped and the time the case came to the federal system. It was almost six years, and that's a long time to go back and put a case together.
The second big challenge, of course, is there were determinations by the state court that had the potential to affect the determinations regarding Mr. Mitchell's mental health.
So those were two very significant challenges.
You guys want to add to that?
QUESTION: Can we hear from you?
UNIDENTIFIED FEMALE: What do you want to hear?
QUESTION: What's your reaction to the verdict?
UNIDENTIFIED FEMALE: I'm very pleased. I admire Elizabeth Smart so much. Her courage, her willingness to come in and testify about what she went through and just the person she is.
And I'm so glad that this verdict has brought closure to her and to her family.
QUESTION: Talk a little bit about the challenges, the months and months this took to get to this point? I mean, eight years in the making here.
UNIDENTIFIED FEMALE: It has been a very difficult last two years. We've all worked very, very hard and we're very satisfied with the outcome.
QUESTION: Talk about sentencing now. You look forward -- what are you hoping to see?
CHRISTENSEN: Sentencing is set for May 25th. The process provides that there will be a report prepared by the probation service, pretrial -- the -- retrial services will prepare the report. The judge will take that into consideration at the time of sentencing.
And obviously, there are statutory provisions that set forth the sentence, the potential sentence, the maximum sentence. And then there's a guideline matrix, which any of you who are familiar with covering federal courts, there's a sentencing guideline matrix that the judge will also utilize in making a sentencing determination.
QUESTION: So bottom line here, how long can he face in prison and where could he possibly go?
QUESTION: What's the maximum?
UNIDENTIFIED FEMALE: Life in prison.
CHRISTENSEN: Life in prison is the maximum.
QUESTION: Carlie, is it possible that Mr. Mitchell will go to the same place that he would be if he were, say, found not guilty by reason of insanity? He would still go to Springfield, the federal prison hospital?
CHRISTENSEN: Well, he will be held by the bureau prisons in federal custody. Whether or not the bureau of prisons or the pretrial services makes a recommendation for treatment, that's something we'll just have to wait and see.
QUESTION: But is it possible he could still go to the same place -- (OFF-MIKE)?
CHRISTENSEN: If he had been found not guilty by reason of insanity, he most likely would not have been in a prison system. He would have been in a treatment facility. By being found guilty, he will be in a prison facility.
QUESTION: So there's no option for him, even in the presentence report (OFF-MIKE)?
CHRISTENSEN: A non -- he will be sent to a penal institution.
QUESTION: Where is he held between now and May?
CHRISTENSEN: He's in the adult detention center, isn't he?
QUESTION: So he's going to stay in the Salt Lake County Jail until May?
CHRISTENSEN: Correct.
QUESTION: (INAUDIBLE) -- did you say anything to Elizabeth, did she say anything to you, anything you're willing to talk about?
CHRISTENSEN: Thank you.
UNIDENTIFIED FEMALE: Thank you.
UNIDENTIFIED MALE: Thank you.
VELSHI: That was acting U.S. attorney Carlie Christensen, she was the lead person taking comments there along with the team of prosecutors. She announced that the sentencing is scheduled for May 25th for Brian David Mitchell having been found guilty of two counts of kidnapping in the trial about his kidnapping of Elizabeth Smart when she was just 14 years old. She's now 23 years old.
This court, of course, took place -- this trial took place in federal court, not state court because of a number of issues including the fact an earlier court and judge at a lower level, a state level, determined Brian David Mitchell was not of sane mind.
This court has decided, this jury decided that he was, in fact, guilty. They had the option of finding him not guilty by reason of insanity, but they did find him guilty and he has been sentenced. As they said, the trial -- the sentencing will take place May 25th, if all goes as expected, and he could face up to life in prison.
All right, we'll stay on top of that story.
Reducing the risk of football conditions could be as easy as strapping on the right helmet. We're going to check out an innovative design aimed at stopping head trauma. That's up next on "Big I."
(COMMERCIAL BREAK)
VELSHI: Continuing our breaking news coverage. A Utah jury has just convicted Brian David Mitchell of kidnapping Elizabeth Smart and taking her across state lines for sexual purposes. We learned the verdict just moments ago.
Mitchell's defense tried to argue he was legally insane when he snatched the 14-year-old girl at knife point from her bedroom in 2002. Smart, now 23, testified that she was raped daily. Brian David Mitchell will be sentenced on May 25th.
Gay rights groups are rallying on Capitol Hill. They're trying to urge lawmakers to repeal "Don't Ask, Don't Tell" before this lame duck session ends. Senate Democrats failed to get enough votes yesterday to open debate on the policy that bans gays from serving openly in the military.
A Milwaukee interstate reopened after a six-hour long police standoff this morning. Our affiliate, WTMJ, reports deputies used a robot to break a window and smoke out two suspects in a stolen SUV on I-94 after trying to negotiate with them. Both of them are now in custody.
Well, in today's "Big I," a possible solution to a serious problem right now. Hard hits are on the rise in the NFL and on football fields across the country. According to the NFL, there are more than 100 documented concussions every season, and 20 percent of high school football players will suffer concussions or a concussion this year alone.
The long-term effects of just one concussion can be devastating, and one company wants to tackle this problem head-on by getting players better helmets.
Joining me now is Vin Ferrara, he is the founder and CEO of Xenith, and he joins me from Brookline, Massachusetts.
Vin, you have very literally designed a better helmet.
VIN FERRARA, FOUNDER & CEO, XENITH: Well, I appreciate that.
And you know, the helmet is one part of an overall strategy. There's a number of things that need to get done in order to address the problem of concussive episodes and head protection is one piece of that.
VELSHI: What's different about the helmet that you've designed?
FERRARA: The helmet we designed is called the Xenith X1 football helmet, and two real differences in the way the helmet works.
First is the way the helmet fits. Our helmet actually relies on a snug fit system so the player can pull on the chin straps and it snugs the helmet around the player's head, which h improves the hit, actually improves how the helmets stay on during the impact.
Number two, instead of using traditional padding, we're actually using an air cell shock absorber concept. So essentially taking the airbag in the car concept and moving it into helmets.
I've got one here if you'd like to see it.
VELSHI: Yes, please show us. Hold it up high so we can see it.
FERRARA: Sure. Great. Can you see that?
VELSHI: Yep.
FERRARA: Good. So, you know, from the outside it looks like a football helmet, and we made this one with a clear shell so you could see right through.
This helmet has a strapping system, so the player can actually pull on the chin straps and it snugs right around the player's head. And you can see inside, the air cell shock absorber concept.
Really, what you're trying to do with the air shell shock absorber concept is literally reduce how suddenly the head moves during an impact. It's really the sudden motion of the head leads to sudden motion of the brain inside the skull. So much like an airbag in a car that makes the driver and the driver's head come to a more gradual halt, the air cell shock absorber is designed to make the head move less suddenly during an impact.
It's also designed to try and adapt to the different types of impact the players may receive. Whether they're low energy, medium energy, high energy, different directions, it really requires, essentially, an intelligent response.
The helmet is not concussion proof. It's -- (INAUDIBLE)
(CROSSTALK)
VELSHI: When you were at Harvard, you were a quarterback and you -- you actually had a concussion, which sort of helped you come up with this idea. How much do these costs, as related to normal helmets? And you've been talking to the NFL about it, too.
FERRARA: Sure, to address the first question, I had one diagnosed concussion in seventh grade that caused me to miss essentially an entire season and then four or five other hits throughout the course of my career that, you know, I call them the hits that players don't tell anyone about.
So, you know, I do have experience with the issue. The helmets range from, you know, $300 at the varsity level to $200 at the youth level. We're also launching a second product called the X-2 that will retail for about $200 at high school varsity level and about $100 at the youth level.
So it's fairly competitively priced especially when you think of it over the course of a four-year career for a high school football player, $200 to $300, you know, over the course of that time. Parents will spend more on cleats during that time period than the helmet.
VELSHI: Vin, good to talk to you. Thanks so much for bringing the helmet and showing us how it works. We hope it will save a lot of people from concussions and for damage that comes from them. Ferrara is the founder and CEO of Xenith joining us from Massachusetts.
For more information on Xenith helmets, go to my blog CNN.com/ali. There's a link to Vin's web site on the web site.
All right, Sarah Palin is teaming up with an evangelical relief organization where she's headed and what she's planning to do with them, I'll tell you about in my next -- when I come back from the break.
(COMMERCIAL BREAK)
VELSHI: Time now for a CNN Political Update. Sarah Palin headed out of the country this weekend, but not to places that were widely reported yesterday. Our chief national correspondent John King is live in Washington with the details. John --
JOHN KING, HOST, JOHN KING, USA: Ali, good to see you, my friend. Happy Friday. That overseas trip you're talking about may be to the United Kingdom to see Margaret Thatcher, things like that, that was down the future.
This weekend, the former Alaska governor is heading to Haiti with the Reverend Franklin Graham. Graham runs a charitable organization called Samaritans First and Governor Palin says she wants to go to try help out the victims of cholera and other post earthquake hardships in Haiti. We'll watch that high profile trip by the possible, possible presidential candidate down the road.
Here's a good headline for you. Tax compromise makes strange bedfellows. The tax cut deal President Obama cut with the Republicans has a lot of people mad at Washington. We've talked a lot about the anger of House liberals and liberals across the Democratic spectrum.
A lot of people on the right are upset, too, Ali. Conservative activist Michele Bachmann, the Tea Party Patriots, the Club for Growth, they say, you know what? This deal doesn't pay for those unemployment benefits that are added on. It would add to the deficit in the long run so anger on both ends of the spectrum.
And as we talk about all the fiscal problems in Washington, Ali, you cover from time to time, every state, California has a crisis, Colorado has a crisis, New Jersey has a crisis.
Tonight on "JOHN KING, USA" we're going to sit down with the Newark New Jersey Mayor Cory Booker. He just laid off about 15 percent of his police department because he doesn't have the money to pay them and they wouldn't cut a new deal for a contract. That is one piece of across country fiscal troubles for cities and states.
VELSHI: For a lot who think the worst is behind us because we're a year and a half away from the end of this recession, the reality is it's downloaded to states and to cities who don't get as much money, don't have the same revenues and nobody in cities want to lose services.
KING: Amen and no more stimulus money coming from Washington. A lot of states cutting aid to local governments so it's trickle-down effect.
VELSHI: Absolutely, John. We'll look forward to that interview. Thanks very much, John King. Your next political update from the Best Political Team On Television is just one hour away. Well, two pieces of paper about basketball are expected to net $2 million today at auction. What makes them so special? They were written by the guy who invented the game. That's up next.
(COMMERCIAL BREAK)
VELSHI: OK. That's a camera in front of the federal courthouse in Salt Lake City where we have been hearing -- we heard the prosecutors and the U.S. attorney come out to speak about the trial.
We are now expecting Elizabeth Smart and her family to come out. We don't know that Elizabeth Smart or her family will speak, but we are ready there if they do speak obviously, a lot of people wanting to hear what their response was.
Ted Rowlands who was in the court said that they smiled at each other when the verdict came down in some relief that the jury didn't find him guilty -- or not guilty by reason of insanity. They did convict Bryan David Mitchell on two counts of kidnapping.
He'll be sentenced on May the 25th. So we'll keep an eye on that camera position and when someone comes out to speak we'll bring it to you live.
(COMMERCIAL BREAK)
VELSHI: In just a few moments, the hammer drops on a huge sports auction at Sotheby's. Up for sale the founding rules of basketball, the original two pages penned by James Naismith that once hung on his gymnasium wall.
They're expected to go down in the record book as the most expensive sports documents ever sold. Just as impressive, the proceeds are going to charity.
CNN's Richard Roth scored some great details on all of this. He joins us now. Richard, I wouldn't have guessed in a trivia competition that those would be the most expensive sports documents ever sold, pretty interesting thing.
RICHARD ROTH, CNN SENIOR U.N. CORRESPONDENT: You know, those rules are going to be up for auction as you mentioned in a few minutes across town on the east side at Sotheby's.
A man who just wanted to keep the kids busy in the wintertime developed a sport that made Bird, Magic, Kobe, Lebron, who chose Miami over Cleveland, famous.
(BEGIN VIDEOTAPE)
ROTH (voice-over): Basketball is one of the world's biggest sports. The stars of the NBA earn mega millions. All thanks to this man that didn't have a jump shot, educator Dr. James Naismith. At this Massachusetts gymnasium in 1891, Naismith invented basketball.
SELBY KIFFER, SENIOR VICE PRESIDENT, SOTHEBY'S BOOKS: It's the only sport where we can look at a couple of sheets of paper and say this is it. This is the birth certificate. It all started right here.
ROTH: Here at Sotheby's auction house in New York where the historic 13 rules of basketball go to the highest rebounder, bidder.
IAN NAISMITH, JAMES NAISMITH'S GRANDSON: My grandfather said you don't make money out of my baby referring to the game of basketball, but he said you're the caretaker of the next generation so I'm considered the caretaker.
UNIDENTIFIED MALE: Do you know the rules of basketball?
ROTH (on camera): Madison Square Garden is a little louder than Sotheby's auction house. To see if this generation appreciates what the original Dr. J. created, we invited Sotheby's to bring the original rules of the game to the Knicks/Bobcats contest.
UNIDENTIFIED MALE: These are the original rules.
ROTH (voice-over): The only coach to win an NBA and college championship was in awe.
UNIDENTIFIED MALE: This is incredible.
ROTH (on camera): It's valued at $2 million at least. What's it worth to you?
LARRY BROWN, COACH, CHARLOTTE BOBCATS: Well, it's a game that's been awful good to me and a lot of other people. So, I mean, it's pretty special.
ROTH (voice-over): The original rules did not call for dribbling. How do you think the game would have evolved without it?
UNIDENTIFIED MALE: It's probably had been better without dribbling. We overdribble most of the time.
ROTH: Another rule says no pushing or striking an opponent. Tell that to President Obama. Rules where the Harlem Globetrotters go, there are no rules.
UNIDENTIFIED MALE: Change the rules of basketball? We're going to do it again!
ROTH: The entertaining Globetrotters are now launching a new four-point shot.
ROTH (on camera): Do you think he would understand that someone saying I'm taking my talents to South Beach?
UNIDENTIFIED MALE: I'm sure he would definitely be proud. You know, who would have thought in 120 years the game of basketball would come as far as it has.
ROTH (voice-over): Naismith invented basketball because he was searching for a way to give kids something to do indoors during winter.
(on camera): If you could tell Dr. James Naismith something what would you tell him now?
UNIDENTIFIED FEMALE: Thank you for inventing this great game. It gives kids, parents and families opportunities to enjoy it night in and night out.
(END VIDEOTAPE)
ROTH: I wouldn't be surprised if the winning bidder is someone in the sport of basketball, maybe even a player or coach. We'll have to see. Ali, back to you.
VELSHI: You've neglected the most relevant part of this conversation to me.
ROTH: Which is?
VELSHI: James Naismith was Canadian.
ROTH: Yes, he was Canadian. We won't hold that against him.
VELSHI: You seemed unmoved by the pursuits and accomplishments of my countrymen. Thank you, Richard. We'll see you on the show again sometime in 2011.
ROTH: Then he moved to Kansas.
VELSHI: And then he moved to Kansas, that's right. And he founded the University of Kansas basketball team --
ROTH: Hopefully.
VELSHI: And, in fact, when he first founded basketball, it was in Massachusetts. So I'm just taking credit for where he was born.
Good to see you, my friend.
ROTH: Did you ever play the game?
VELSHI: I've never played basketball. I have no particular skills. But thank you for asking.
All right. Richard Roth.
Unmoved by my countrymen once again.
