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Vatican Slams Media Reports As "Gossip"; Winter Storm Hitting New England; Pistorius Free Until Next Court Date; Push For New Trial In Levy Case; Sandusky Files Another Appeal; Enjoy The Wonders of Greece; Six Nuclear Tanks Leaking; Danica Prepares For Daytona 500; Working Multiple Jobs

Aired February 23, 2013 - 12:00   ET

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


FREDRICKA WHITFIELD, CNN ANCHOR: Of course, we're going to elaborating on something you've been reporting on all day. This is involving the Vatican, angry response coming from the Vatican to salacious media reports about homosexuality inside the priesthood.

Two Italian publications allege Pope Benedict XVI decided to step down the same day he received an explosive dossier on gay priests. CNN's senior international correspondent Ben Wedeman joining us live now from Rome.

So Ben, the Vatican denying the existence of this dossier for starters?

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Not necessarily denying the existence of the dossier. They haven't sort of confirmed or denied that. What they are blasting in uncharacteristically strong terms, Fredricka, are these reports.

Reports that appeared in a daily newspaper, "La Republica" and a weekly magazine "Panorama," which suggests that, indeed, this group of three cardinals who were assigned by Pope Benedict to look into wrongdoing in the Vatican found or allegedly uncovered, according to these publications a network of gay priests within the Vatican who were being blackmailed according to these reports by a network of male prostitutes in Rome.

Now, the Vatican is roundly denying these reports taking place, accusing the Italian media of trying to influence the conclave, that group of 116 cardinals who will be meeting in the next few weeks in Rome or rather in the Vatican City, to elect the next pope -- Fredricka?

WHITFIELD: And in general, Ben, are people taking this report seriously throughout Rome, or is there some reticence to really embrace it?

WEDEMAN: Well, that depends who you speak to. Now some of the so- called "Vaticanisti," these are veteran Vatican watchers are somewhat skeptical about these reports, but many other people are taking them seriously. They've been picked up not only by these two publications but really they're appearing in all the Italian media. We've had in the past just three years ago there were reports that were backed up by video and still pictures of rather gay priests within the Vatican. And so there is a historical precedent to that. So many people, in fact, do take these reports very seriously despite the vigorous denials from the Vatican -- Fredricka.

WHITFIELD: Ben Wedeman, thanks so much, from Rome. Keep us posted.

Meantime, a cardinal who will vote for a new pope is tied up in a messy legal deposition today here in the states. Cardinal Roger Mahony, one of the most powerful Catholic leaders in the U.S., must answer questions about pedophile priests in the Los Angeles diocese during his leadership.

Church documents seem to show that Mahony was aware of priests abusing children, but went out of his way to shield them from prosecution. The deposition gets under way this afternoon.

And weather-wise, more snow for New England this weekend, barely two weeks after that huge blizzard. The same weather system brought record snowfall across the Midwest. The roof of this dance school right there near Kansas City simply caved in. No one thankfully was hurt.

Karen Maginnis is in the CNN Weather Center. So Karen, here we go again, especially for the New Englanders.

KAREN MAGINNIS, AMS METEOROLOGIST: Yes, and we're watching Boston in particular, Fredricka, because Boston this month alone has seen 32 inches of snow. We've got this live view of Boston. It is overcast, and we're looking at that snow to develop later on this afternoon, probably into the late afternoon, 5:00, 6:00. We'll keep the overcast skies.

It may start out as kind of a mix with rain, snow, could be a little built of sleet in there. I don't think the winds will be a problem. They may be gustier tomorrow, but Boston, I'll show you what's happening. Area of low pressure develops off the mid-Atlantic coast, moves towards the northeast. This is a nor'easter.

It's just not as powerful as the last one that we saw. On the backside of this we'll see some snow, interior sections of New England, more snow, higher up, more snow elevation. But right around Boston it has been so, so tricky because the computer models are saying all kinds of different things, a couple of inches of snow, a lot of snow.

It's kind of been compacted down to about 2 to 4 inches, but definitely New England is kind of in the firing line for that next weather system, the Mid-Atlantic and the southeast where you're looking at the potential for very heavy rainfall, and I do mean very heavy.

Here's that forecast as I was telling you about, the accumulation in the north eastern New England. We do have flood watches, flood warnings, and that flood warning out across south eastern Alabama, watch out. Those roads are going to be slick.

And as we go into the forecast 4 to 6 inches of rain the next five days, and yes, Fredricka, that includes Daytona, 60 percent chance.

WHITFIELD: My goodness, OK, hopefully they can kind of dodge those rain drops. All right, thanks so much.

All right, Oscar Pistorius, he'll be back in court June 4th, but this weekend the Olympic hero is staying at his uncle's house. He was released on $112,000 bail, but, of course, there are conditions. Pistorius can't return to his house. He must report twice a week to a police station. He must surrender his passport. He can't even go near an airport and no alcohol.

Senior international correspondent Nic Robertson is live for us now in Johannesburg, South Africa. So much relief, might it be temporary, though, for Oscar Pistorius, who gets a chance to stay at a relative's home?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes, a little relief for his family. We've heard from his uncle, the man whose house he's staying in at the moment. It's a house in a wealthy neighborhood in Pretoria. There are high walls around it, big gates around it.

Parole officers turned up there early this morning. What the family is saying is it's good to have him back at home. There is relief. It's brought them together as a family. They never thought they would have to go through anything like this, but they all recognize that their lives are changed irreversibly at this stage.

They've sent flowers and a card to Reeva Steenkamp's family. Her family at this time, though, seem a little bit perhaps frustrated that he's been able to get bail. They say they just want to see justice done.

(BEGIN VIDEO CLIP)

NICOLAS VAN EDEN, STEENKAMP SPOKESPERSON: Not sure what to feel in the case. They just want to know the truth, and whatever happens, it's not going to bring her back, you know? They just want justice and the truth.

(END VIDEO CLIP)

ROBERTSON: Well, one of the country's Africans newspapers here has quoted Reeva Steenkamp's father as saying that if Oscar Pistorius is lying or has caused his legal team to lie so far, then he's going to have to live with this on his conscience forever.

He also said that if he's telling the truth, then he said maybe one day I can forgive him. But these are changed times now, the whole Pistorius family and the Steenkamp family and the nation watching attentively -- Fredricka.

WHITFIELD: So Nic, it was an interesting day in court. The magistrate took about two hours before finally announcing the decision on bail, et cetera. But along the way, the magistrate had some very harsh words for the investigation process. One has to wonder how that might influence decisions along the way during this legal process. Will it be the same magistrate the whole way through, potentially?

ROBERTSON: It doesn't appear to be so. And the police investigation team has changed or at least the head of the investigation has changed. The defense and prosecution, state prosecution, those lawyers will likely stay the same as what we understand.

But it does seem there's a lot for the state to do to prove this case. The magistrate was really quite harsh on the police investigation, contaminating the crime scene, not following up on key evidence, you know, had phone calls been made from the cell phones that were found in the bathroom near Reeva Steenkamp's body.

So a lot of very big questions outstanding there. But I think one of the reasons the magistrate went so long, there's been, you know, so degree of pressure to keep Pistorius in jail, and I think he felt that wasn't right.

But he wanted to lay out very clearly so no one could come back later and accuse him of sort of, just because Pistorius is a star, of letting him get an easy path. He wanted to lay down legally thoroughly why he made the decision -- Fredricka.

WHITFIELD: Nic Robertson, thanks so much, from Johannesburg.

Coming up, we're going to talk more about Oscar Pistorius and what lies ahead for him. Very different legal proceedings there in South Africa than what we're accustomed to in the United States. We'll give you an idea what some of those differences are.

And it was the story, the murder case that captured the nation. An intern, an alleged affair with a congressman, and then ultimately found dead, murdered. Find out why the man sentenced for killing Chandra Levy wants the investigation reopened, all of that straight ahead in the NEWSROOM.

(COMMERCIAL BREAK)

WHITFIELD: He's spending his first full day out of a South African jail. Oscar Pistorius is now free on bail until his next court appearance on June 4th. But here are the conditions of his bail. He can't go to his home where the shooting occurred. He must report to police twice a week. He is to steer clear of all witnesses in the case and hand over his guns and passport, and he can't use drugs or even drink alcohol.

I'm joined now by Dell Kelly Phelps. She teaches law at the University of Cape Town in South Africa. Good to see you. You're joining us via Skype. Hopefully we have a signal. If not, hopefully we'll at least be able to hear you if not see you ultimately. So, now that Pistorius is out on bond, how do you see that influencing the legal proceeding for him?

KELLY PHELPS, UNIVERSITY OF CAPE TOWN LAW FACULTY: Well, it's very significant for him because he will have much more ample opportunity to engage with his defense team. And invariably that will put him in a far better position.

It will also put less pressure on his defense team to expedite the trial, the start of the trial, as he won't be spending the time before the trial in prison. So they definitely have got an easier road ahead in terms of their trial plan.

WHITFIELD: Is he getting special treatment, in your view?

PHELPS: I don't believe so. There were some very senior government ministers who went on camera yesterday claiming that he was getting special treatment. I would vehemently disagree with that.

I think that the magistrate's very long and reasoned decision that he issued showed the extent to which he considered both the relevant law and also both parties' arguments that had been put forward.

He applied the law in a fair and impartial manner and reached in my view the right decision. And I think anyone in his position, whether they were famous or not, should correctly have ended up in the same position.

WHITFIELD: So help me understand what to expect. There would be no jury once trial were to begin, correct? It would be one judge that would consider everything, hear and see all evidence?

PHELPS: Yes. It's possible and perhaps likely that the judge would request two assessors to sit with him or her. Assessors are essentially lay people that the judge can request to join the bench for the trial because they have either extensive knowledge of legal matters or because they have specialized knowledge in a particular area.

So if the judge wanted to do that, they could request to have two assessors sit with them, but that's correct, in South Africa we don't follow the jury system. So there's never the opportunity of a jury.

WHITFIELD: You know, there's a lot of distrust of the police work there in South Africa as a whole. How about in the court system? Is it respected? Is it trusted?

PHELPS: Well, I'd say it's trusted to a certain extent, meaning the --

WHITFIELD: We were afraid something like that would happen. It looks like we've lost audio as well. So if, indeed, we're able to get audio back with Kelly Phelps out of Cape Town, we'll try to resume that.

Kelly, can you hear me? No. All right, looks like we've lost that interview, but learned a lot nonetheless. If we're table to reconnect with her, we will try to bring that to you.

All right, meantime, a disgraced and jailed former Penn State football coach, Jerry Sandusky, says he wants a new trial. Find out why.

And if you're in need of an amazing getaway, who isn't, we have a location for you. You'll never forget it. We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: Officials say they caught a father they say has been running away from his parental responsibilities for years. The deadbeat dad, as the New York man is being called, has been evading child support for over a decade and his total tab now over a million dollars. Robert Sand owes all that money to his two former wives and his three kids.

Former Illinois Police Sergeant Drew Peterson says he plans to appeal his 38-year sentence for murder. He received that sentence this week for the killing of his third ex-wife, Kathleen Savio. The judge also denied Peterson's attempt to get a new trial. Peterson was transferred yesterday to a maximum-security prison.

Savio was found dead in her bathtub back in March of 2004. The defense claimed that she fell, hit her head, and drowned. The case didn't grab headlines until Peterson's fourth wife, Stacy, disappeared about three years later. Stacy still has not been found.

And now to a murder case that fascinated the nation a decade ago. You'll remember 24-year-old congressional intern, Chandra Levy, disappeared back in 2001 amid allegations of an affair with California Congressman Gary Condit.

Well, police focused their investigation almost exclusively on Condit, potentially overlooking other possible suspects. Levy's body was found more than a year after her disappearance in a ravine in Washington's Rock Creek Park.

Well, the case went cold for almost a decade until March of 2009 when police arrested Salvadoran immigrant Igmar Guatenik, who was already serving time for assaulting two women in the same park where Chandra Levy's body was found. He was convicted back in 2010 of her murder and is currently serving a 60-year sentence.

Well, now he says his prosecution was, quote, "predicated on a lie" and he wants a new trial. Let's bring in our legal guys, Avery Friedman, good to see you, civil rights attorney and law professor in Cleveland. This is like a reunion for here us.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: My goodness, how wonderful to see you. Wow.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining me from Las Vegas. Good to see you guys.

RICHARD HERMAN, NEW YORK CRIMINAL DEFENSE ATTORNEY: Hi, Fred. Welcome back.

WHITFIELD: Thank you.

FRIEDMAN: Look great.

WHITFIELD: Thanks so much.

FRIEDMAN: So happy to have you back.

WHITFIELD: It's great to be back. Great to be talking with you guys. This is a fascinating case, has been all the while. And now we're talking about documents from the case that will -- that have been unsealed. So Avery, what did these documents reveal?

FRIEDMAN: Well, it's a thermonuclear development, Fredricka. This week two transcripts were released -- and remember, this is three years after the conviction. The prosecution has been fighting to keep the transcripts secret. The argument is that someone could be killed if it comes public, but because of media and the defense team it surfaced.

The information relates to whether or not there was evidence, which would have impeached a key witness. Which witness we don't know. We think it's Armando Morales, who was the jailhouse informant in this case, but we don't know the answer.

So there's going to be a hearing coming up on the 11th of April. We're going to see more information coming up, and it may result in a new trial.

WHITFIELD: This is incredible, because, you know, Richard, for a very long time it was, you know, unsolved, and then it was sort of solved, and now questions still surround it. So are we talking act potentially reopening this case top to bottom?

HERMAN: Yes, top to bottom, Fred. You know, they focus entirely on Gary Condit. That was their target. He was in the bull's-eye. They didn't look at any other possibilities. Then when that went dry, they slapped together this conviction based on, based on a jailhouse informant snitch. His testimony was the one did it. Nothing else --

WHITFIELD: And that was the primary piece of evidence?

HERMAN: That was it. No DNA, nothing, just this jailhouse snitch trying to get out of prison. And now apparently, as Avery said, there's some bombshell information that undermines it, the defense says that the prosecution knew about this for at least a year, didn't disclose it. That's unethical, sounds right, sounds like there's going to be a new trial here -- Fred.

WHITFIELD: All right, so we may be reliving this all over again. All right, next case here, former Penn State assistant football coach Jerry Sandusky, now, he's appealing his conviction.

Again, the move comes less than a month after a judge denied his motion for a new trial. This time around, Sandusky, well, he's serving a 30- to 60-year sentence for sexually abusing ten boys over a 15-year period. Richard, do his attorneys have new reasons now to pursue this appeal?

HERMAN: No. They don't have any new reasons, Fred. They already filed their post conviction briefs. The judge who tried the case made his decision on those. He denied everything. And now it goes up to the appellate division, to the appellate judges in Pennsylvania. The same arguments will be made about they should not have allowed some hearsay testimony, that the jury instructions were faulty, that the defense did not have enough time to prepare the case, all that's going nowhere. The jury came back on a flash verdict.

I think 45 out of 48 counts conviction. And, you know, he's fourth and 99 1/2, trying to throw a bomb. Not going to happen. This guy will probably die in prison.

WHITFIELD: So Avery, does it make a difference if the appeal is a made to a different judge, a different court all together?

FRIEDMAN: Well, that's the process, but what's intriguing is the underlying legal reasoning. The argument by Joe Amendola, the lawyer for Sandusky, is look, under the sixth amendment, there has to be a fair trial. There were 9,500 roughly documents involved.

I didn't have enough time to prepare. I think it's a terribly weak argument. There was a 28-page opinion written by the judge who tried the case. Now they're arguing again we didn't have enough time to prepare. It didn't violate --

WHITFIELD: Does this argument ever work after the fact, not enough time to prepare, like once the verdict is in? Isn't that the argument you make before you get that to that juncture?

FRIEDMAN: Yes.

WHITFIELD: Does it ever work?

FRIEDMAN: Basically, that's it.

HERMAN: Fred, you throw everything up against the wall and hope something sticks. But he's being criticized for ineffective assistance of counsel, 30 to 60 years. He'll die in prison.

WHITFIELD: All right, we're going to talk to you again. We're not done with you guys. Another set of cases to delve into in about 20 minutes --

HERMAN: And pictures.

WHITFIELD: Yes, and pictures, got to share. OK, this and we're going to be talking about particularly one case. It's involving a face-off between witches and prison lawyers. They're at odds over the freedom of religion. First amendment fight that everybody at home, you've got to tune in it for it. Listen to see how Avery and Richard see it.

Also coming up, cops are baffled about the case of a young woman found dead in a hotel water tank. But it's not the first time bizarre and frightening things have occurred at the Cecil Hotel. It's got a very twisted history.

And we've all seen first lady Michelle Obama dancing with the president, right? Have you ever seen her hit the dance floor like this before? Not showing you yet. You have to tune in to see. All right, first, you're perhaps looking for a sun-splashed island to go to along with a dose of ancient history. Greece has all of that. Holly Firfer shows us how you can enjoy this amazing country even as it deals with its own financial crisis.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN CORRESPONDENT (voice-over): Greece really wants tourism dollars, and that's great for travelers.

AMY FARLEY, "TRAVEL & LEISURE": One of the great things about travel to Greece right now, especially during the economic crisis, are hungry for travelers to come visit the country. So you can find a lot of great deals and discounts in Greece right now.

FIRFER: There are a few must-see stops.

FARLEY: You definitely want to start in Athens. That's where the acropolis is and the national archaeological museum. From Athens, you can visit the Peloponnesian Peninsula, where there's lots of great sites of antiquity there. The Temple of Apollo is there. It's a great place to explore.

And of course, if you're heading to Greece, you have to hit the islands. The Siquity Islands are the ones that people dream of when they're thinking of Greece. This is Santorini, but there are also the quieter islands, the (inaudible) islands on the other side of Greece.

FIRFER: The financial situation in Greece is still a little uncertain. So buses, ferries, trains, and museums could be operating with reduced hours. So make sure you get travel insurance in case of strikes or delays.

FARLEY: You just have to be aware that things may change and things may not operate exactly according to schedule so, just bring your patience and a sense of adventure.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: Hello. Welcome back. I'm Fredricka Whitfield. If you're just tuning, thanks so much for joining us. These are the top stories that we're following for you in the CNN NEWSROOM.

The Vatican is slamming media reports in Italy about why Pope Benedict decided to resign. Two publications say it happened the same day the pope received a bombshell of 300-page Vatican dossier documenting homosexuality in the priesthood. A Vatican spokesman calls the report gossip intended to influence the upcoming vote for a new pope.

And we now know the identity of another victim of that deadly shooting and car crash on the Las Vegas strip. Our affiliate KOMO reports Sandra Sutton was the passenger in that taxi and it burst into flames after a Maserati crashed into it.

The crash also killed the taxi driver. Someone in a black Range Rover opened fire on the Maserati early Thursday, killing the driver of the Maserati, and he has been identified as aspiring rapper Kenneth Cherry. Police are hunting for the occupants of the Range Rover.

In Washington State, six underground tanks at the sprawling Hanford Nuclear Complex are leaking radioactive waste. The governor insists there is no immediate public health risk, but he says it is disturbing.

All right, now to that bizarre discovery of a woman's dead body found in a water tank at the Cecil Hotel in Los Angeles, police are searching for answers after 21-year-old Elisa Lam's body was found. She was a Canadian tourist reported missing in late January. Her death is another strange tale in this hotel's dark past.

(BEGIN VIDEOTAPE)

NICK VALENCIA, CNN CORRESPONDENT (voice-over): In a city of the famous and those who would be famous, the Cecil Hotel is best known for its infamy. Founded in the 1920s, the hotel sits in downtown Los Angeles, just a stone's throw from skid row.

The neighborhood around the Cecil has changed over the decades, but despite the city's best efforts to gentrify it, the hotel remains a symbol of the area's dark past.

UNIDENTIFIED FEMALE: Thank you for calling the European-style Cecil Hotel, the best affordable hotel in downtown Los Angeles.

VALENCIA: Calling itself the premier choice of downtown hotel, it attracts mostly low-income residents. In the '50s and '60s, it was known as a place where those at the end of their rope would end their life.

In 1985, it was the choice hideout for serial killer Richard Ramirez, convicted of killing at least 13 people throughout Los Angeles. Ramirez reportedly lived at the hotel for months. An Austrian serial killer also found comfort there.

Jack Unterweger may have even killed some of his prostitute victims there. It's even rumored that the actress known as "Black Dahlia" hung out in the hotel before her brutal murder in 1947.

And now this, the decomposing body of a Canadian tourist found in one of the hotel's water tanks. Guests were noticeably upset.

UNIDENTIFIED FEMALE: Wouldn't you be if there was dead body in the water you were using and drinking?

VALENCIA: Canadian tourist Elisa Lam chose the hotel despite it seedy past. Her body may have been there for weeks.

SABINA BAUGH, HOTEL GUEST: The pressure in the water was terrible. The shower was awful and when you turn the tap on, the water was coming black first. VALENCIA: The 21-year-old's death just the latest mystery for a hotel with a haunted past.

(END VIDEOTAPE)

WHITFIELD: All right, that was Nick Valencia's voice that you were hearing. Here he is live now. So, you know, Nick, investigators, are they any closer to solving this case?

VALENCIA: Good afternoon, Fred. The short answer is no. There was an autopsy earlier this week that proved to be inconclusive so officials still aren't able to determine whether she died accidentally or perhaps was the victim of something more sinister.

They are waiting on toxicology reports. That, of course, though, could take weeks and her family and others will have to wait a little longer to find out why and how Elisa Lam died.

WHITFIELD: What about other surveillance tape? We keep looking at that tape of her in the elevator where it doesn't really look like she's evading someone, hiding, et cetera. Are there any other cameras somewhere around the building that investigators or L.A. police are saying that they are looking into?

VALENCIA: Yes, she's acting very bizarre, isn't she, in this tape that was released by the Los Angeles Police Department. So far that is the only surveillance tape that's been released of her. We just don't know why she was there.

In fact, one of her high school classmates spoke to CTV, which is one of our Canadian affiliates, and said that Elisa Lam was on holiday on vacation in Southern California with her eventual destination being about five hours north in Santa Cruz.

She was reported missing in late January. And, Fred, if you can believe this, she could have been in there in that water tank as many as 19 days.

WHITFIELD: It is gruesome. All right, thanks so much, Nick Valencia.

All right, these are the stories trending. Let's take a look. They are very familiar, are they not? Justin Timberlake, Jay-Z, well, guess what, not only were they teaming up during the Grammys, but they're teaming up now for a big concert tour. A 12-stop event called the "Legends of the Summer." It's going to begin in July. It will start in Toronto and wind up in hot Miami.

Also, New York City thieves are stealing more smartphones and tablets than ever, and it seems Apple products are the most in demand. The problem has gotten so bad, apparently, that the NYPD has assigned some officers specifically to hunt these devices down.

And first lady Michelle Obama has some new dance moves up her sleeve. There she is with Jimmy Fallon, grooving on the show last night. He apparently got -- no, Jimmy Fallon not looking familiar to you. But doing a little sprinkler move right there, dressed up as a mom in what they're calling the evolution of mom dancing. Go, girls.

Already, drivers, start your engines and lady drivers, as well, Danica Patrick in pole position to make racing history. We are taking you to Daytona as the NEWSROOM continues.

(COMMERCIAL BREAK)

WHITFIELD: NASCAR driver, Danica Patrick, can say she is the first woman to win the pole position at the Daytona 500 and then, of course, come tomorrow no doubt she wants to be able to say she's the first woman in history to win the race.

Joe Carter is kicking off our "Bleacher Report" from Daytona. You are there. You are excited about it, just like all the fans. So how is she kind of, you know, relaxing, if she can, you know, getting that inner spirit ohm before the big race tomorrow?

JOE CARTER, CNN SPORTS CORRESPONDENT: Yes. She hasn't had much time to relax. I can tell you that much, Fredricka. She's been very busy doing lots and lots of interviews, obviously.

And, you know, the approach for Team Patrick this week has really been about preserving the car. On Sunday, of course, she came out as the fastest car among the other 42 drivers so they looked at it as, we don't want to wreck this car, we don't want to give ourselves less of a chance of winning the Daytona 500 on Sunday, so she preserved the car tactic.

She had the option to race today during a practice session. She decided to keep her car in the garage. She is going to race, though, in the nationwide race, which is going to start in about 30 minutes. So she will be running, but it will be in a different car, her nationwide car.

So the tactic is save the fastest car in the field for the biggest race in this sport, which, of course, is tomorrow, Fredricka.

WHITFIELD: Wow. Trevor made his history last year at Daytona and, well, she's already made some history. Has she expressed whether she feels a tremendous amount of pressure, you know, to stay out in front tomorrow or is that going to be pressure coming from within anyway? She wants to win, of course.

CARTER: That's what she said yesterday in her final press conference is she puts, you know, her own pressure on herself, that she doesn't have to worry about what the media says or what fans say or even her competitors. That she puts enough pressure on herself already and she expects to win this race.

She is a rookie. This is her first full season at NASCAR's top level, but she says she expects to win this race and expects to compete and beat the 42 other men out in the field. You know, we expect her to do well tomorrow. She's obviously off to a great start.

They couldn't have scripted a better start this week, obviously compared to last year when she crashed in qualifying and crashed in the second lap of the Daytona 500. She's off to a great start, but we'll see what happens tomorrow when she fires it up.

WHITFIELD: I like some of the other drivers are trying to refrain from being too envious, Jeff Gordon saying, I'm the fastest guy, since he gets to be, you know, number two. All right, we'll see, you know, how cordial everyone is once drivers start their engines tomorrow.

All right, Joe Carter, thanks so much. Keep us posted throughout the afternoon from Daytona.

CARTER: Thank you.

WHITFIELD: All right, prison inmates, will they have the right to see clergy while incarcerated, right? But what about inmate who is follow witchcraft? Should they get their own chaplain? That debate straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: A lot of us worked multiple jobs when in college, right? Working six different jobs when you are in the prime of your career, that's a different story. In today's "Smart is the New Rich" report, Christine Romans introduces us to a woman who was forced by the recession to piece together a new way to make a living.

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): Charmaine Dacosta is a caterer, a pastor, office manager.

CHARMAIN DACOSTA, WORKING SIX JOBS AND LOVING IT: My next guest arrives --

ROMANS: Host for Air B&B.

DACOSTA: When they travel, people appreciate some place clean.

ROMANS: English language tutor, professor, and a singer-songwriter.

DACOSTA: I'm busy.

ROMANS: In 2007, Dacosta left her job as an executive assistant to pursue singing full-time. Then the recession hit.

DACOSTA: The bottom fell out.

ROMANS: Forcing Dacosta to get creative to make ends meet.

DACOSTA: Took music jobs, catering jobs, administrative work, any job that would actually pay me and was legal. The economy is forcing people to use their hidden talents.

ROMANS: And redefining traditional careers, from 9:00 to 5:00 to 24/7.

DACOSTA: The office manager and the pastor jobs actually pay the same. The catering jobs vary, and then there's Air B&B, which actually is the bomb. I can make in one week at Air B&B what I make in two weeks at my other jobs.

ROMANS: "Can" being the operative word here. Six jobs don't equal six figures.

DACOSTA: Now I'm off to the Baptist Church where I do my other things. It's not the life that most people would choose, I'm sure. The con is I'm never quite sure when the mortgage is going to be made, what bills are going to be paid and when. I don't have security of planning next year.

ROMANS: While Dacosta says she thinks she could find a full-time job again she chooses not to.

DACOSTA: I'm the happiest I've ever been. Bar none. No time in my life have I been this happy.

ROMANS: Christine Romans, CNN, New York.

(END VIDEOTAPE)

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WHITFIELD: All right, if you smoke in your car and young kids are riding with you, you could get smoked with a ticket. That's what drivers in Connecticut will be hit with if a proposed ban goes into effect.

Our legal guys are back, Avery Friedman in Cleveland, Richard Herman in Las Vegas. Good to see you, guys, again. OK, so one state lawmaker is behind the wheel on this ban. He claims it's a case of government butting into other people's lives.

But says it's just like other safety requirements such as seat belts, cell phones, child restraint seats, children wearing helmets. It makes sense. It's common sense, the right thing to do.

What do you guys think? Is this a government overreach? Will it stay in park or drive? Avery, you first.

FRIEDMAN: Well, that's exactly the issue. I mean, is it too much -- and, you know, I grew up choking on my mother's cigarettes. I get this issue. But the question here, is it overreach or is it the function, the proper function, of government to really look into the science of what's going on?

There are legislative hearings going on in Connecticut right now on this very question, and you know what, I think it's likely that you'll see this law enacted because the science supports the detrimental effect of cigarette smoking in a car even if the windows are open.

And believe it or not, Fredricka, this is not the first time. There are six other states that actually have similar legislation. I think you're going to see more and more of this at the state level.

WHITFIELD: Really, there's no argument here about the dangers of second hand smoke. It is a case of where you may practice this or where you may decide, you know, to do your own thing, Richard. So this isn't the only state that's trying to do this.

There have been other states that have tackled it and have come up with bans of smoking in cars. You're looking at the map here, Arkansas, California, Louisiana, HAWAII, MAINE, and Maryland. Why would it be any different for Connecticut to get on board?

HERMAN: It won't be different. The question is should states legislate parental responsibility? Seat belts, cell phones, that's different. But when you say this is how to be a better parent for the safety of your children, is this what we want states to do? That's the issue.

I think it's going to pass like Avery, I grew up in the '60s. Those windows were shut. Sheila, there was a lot of smoke in the car. I made it, I'm here. But it's a disgusting habit. They're not going to pull people over and say you're smoking, there appears to be a child in the car.

It's 7 years and younger. And if you get pulled over for something else and you happen to be smoking with a child in the car, you'll get a ticket for that. That's how it's going to be implemented.

WHITFIELD: Let's shift gears so, to speak, face-off between witches and lawyers, a federal appeals court in California have to decide if Wiccan inmates deserve their own chaplain. The followers worship nature and are also involved often in witchcraft.

A group of Wiccan, you know, prisoners say that they deserve a full- time chaplain just like followers of all other major faiths, a trial court judge has dismissed Wiccans' lawsuit, but the appeals court brought it back this week.

Avery, you say, you know, there are a number of Wiccans in prison and I guess that's what is at the core here as to whether they will get their way, right?

FRIEDMAN: Well, that's exactly right. In terms of the constitutional cases of the week, I think this is number one, because it deals with the first amendment and the so-called establishment clause meaning government can't establish religion, force religion.

They're arguing the Wiccan practitioners, look, there are chaplains for Catholics and property assistants and Muslims, mainstream. How about us? They're arguing there are more Wiccans than many mainstream prisoners. What's going to happen?

It goes back to the trial court. The California Penal Institution has to do the survey. And if they're right, if they're right, then the Wiccan practitioners will actually get their full-time chaplain. We'll see. We don't know the answer right now.

WHITFIELD: So Richard, do you agree with that? If there are a lot of Wiccans, this won't be a tough argument?

HERMAN: Well, it's a legitimate argument, and the initial judge who heard the case said, listen, I'm not going to preclude you from practicing your Wiccan whatever it is, you can do that, but we're not going to follow a full-time chaplain for you.

You can get part-time chaplains to come in and see them, but we're not going to spend money in the state of California, which is already bankrupt, to hire more Wiccan chaplains for their prisons.

Now on review, the standard, the constitutional standard and the legal argument is sound, Fred. So I think you're going to see a Wiccan chaplain hired full-time for these prisoners.

FRIEDMAN: We'll see.

WHITFIELD: We will see. I can't say, you know, how great it is. I can't say it enough how great it is to be back with you guys after almost three months being away. But I have to say thanks for all the love that you've showered me with.

FRIEDMAN: My goodness, of course.

WHITFIELD: And viewers, as well. This is in large part why I've been away. These two little people right here. This is Nola and Gilbert. They're now almost 3 months old as of next week.

FRIEDMAN: My goodness.

WHITFIELD: They're really sweet -- very kind to mama and dada.

HERMAN: Getting sleep -- taking after mom.

WHITFIELD: Why I said they've been so kind to us. They're great sleepers.

HERMAN: Wow.

WHITFIELD: They've been very tolerant of us, which is why I'm able to be back at work.

FRIEDMAN: Look at that. Wonderful.

WHITFIELD: Thanks to all the love you have showered them. Thank you, Richard and Avery.

HERMAN: Congratulations, Fred. So happy we're back. I'm getting text messages from your fans how beautiful you look and your outfit and everything.

WHITFIELD: That's nice.

FRIEDMAN: Lighting up the screen, absolutely right.

WHITFIELD: Thanks so much. Glad to be back. Thanks for having me back in your homes as well. I appreciate it. Avery, Richard, good to see you. We'll see you again next week, because it's always a date here at the noon Eastern hour.

All right, we'll have much more right after this.

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WHITFIELD: All right, straight ahead this afternoon, we'll have the latest on Danica-mania in Daytona and beyond. We'll take you inside the Oscars as well. And those looming forced budget cuts just days away now. How will it affect you and your family? We'll have the answer.

Next, Ali Velshi sits down with Facebook's original friend founder Mark Zuckerberg at the very special "YOUR MONEY."

I'm Fredricka Whitfield. "YOUR MONEY" starts right now.