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Teen Seen With Suspect In Idaho; Obama: More Help To Wounded Vets; Helping Expectant Mothers Get Health Care; Usher Keeps The Kids; Dufner Soars To Lead At PGA Championship; Kidnapping Happy Ending Was False; Accused Fort Hood Shooter's Defense; New Charges In Boston Bombing

Aired August 10, 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: Hello, everyone. Welcome to the CNN NEWSROOM. I'm Fredricka Whitfield. A look at our top stories right here in the NEWSROOM, new developments on the story of the two missing California children. The teenager has been spotted with her alleged kidnapper in Idaho.

And destructive floods in parts of the U.S., one person is dead after being washed away by the rapid waters.

Also, President Barack Obama speaking to hundreds of disabled vets in Orlando this hour. We'll have more on that and other stories straight ahead.

Let's begin right now in Idaho, more information perhaps on the missing teen, Hannah Anderson, who has been spotted by eyewitnesses with alleged kidnapper in Idaho. Also, new information involving the second body found in the Anderson family's burned out house in California, it has been identified as that of Hannah's brother, Ethan.

Miguel Marquez joining us live now from Cascade, Idaho, where a press conference is about to get underway hopefully with new developments on the ongoing search for the 16-year-old -- Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Exactly. We expect briefers to come up momentarily and tell us what they're planning for the day. We know they've just held a long briefing with all the investigators who are pouring in to this area. The level of intensity is incredible. They have been able to block off this large area of this wilderness area and blocking off the roads in order to monitor traffic going in and out.

And today, this thing starts in earnest. They're going to get hundreds of agents in there, agents that could handle any situation, lethal or otherwise. The concern is that Hannah may be a hostage. This is Andrea Dearden of the sheriff's office. We're going to listen to her.

ANDREA DEARDEN, PIO, VALLEY COUNTY, IDAHO SHERIFF: -- public information officer here for this incident in Valley County along with me is Special Agent Jason Pack, FBI, so he is here to answer those specifics that you may have about the role that the federal agency is playing in this investigation and at this point, of course, it is a large one.

To get you up to speed what happened overnight, as we told last night, we had crews come in from San Diego, dozens of people from across the country that are with the federal agencies. These are teams that are trained to handle these kinds of searches and investigations. They are now here in Valley County and are working on getting in place and really right now, what is happening is the detectives from Sa Diego, they are right now moving toward the vehicle and are going to process that Nissan, the Versa they found on Friday morning. They're going to process that car for evidence.

As we talked about last night, they are going to be, it's a meticulous process that they will go through to make sure we do not miss any information and any evidence that may be inside or around that car. Based on what they are able to find during the initial search of that vehicle, they will then plan what the next step is in the search.

We talked about the area that we are searching. It is rugged terrain, wilderness country. This is back country, and so, the traditional search and rescue walking the grid pattern isn't going to work here, so we are really relying on any lead possible to make sure that we are moving in the right direction. We make sure we focus our efforts and attention in the right places. That's what we will do for the rest of the day.

The teams will move into this wilderness area and begin to search for DiMaggio and Anderson. The top priority is the safety of the teams on the ground. We're going to put every resource possible into this. Safety is a huge priority for us and our goal is to bring Hannah home safely. Questions?

We have about 150, more on their way, on their way here. And we expect most, a majority of those to be out in the field, you know, throughout the day and of course, we work in shifts to make sure those officers are safe and that we are you know, we're in contact with them and doing the right thing.

UNIDENTIFIED MALE: Because of the size of the area and the danger here, this is not just a search and rescue operation, this is something you guys assume to be dangerous and armed. How does that complicate things? How do you then pinpoint where you go in?

DEARDEN: Of course, there is any case like this. We have teams that are highly trained. That's why they're here. They are the best of the best and so, they will take every precaution they can to make sure that they are safe and also to protect anyone else that may be in this area. And so, they're going to take all of those things into account. They are also having to manage the terrain, that is, you know, that's what they have to do.

UNIDENTIFIED MALE: How are they getting around? Horseback, ATV?

DEARDEN: We're using horseback, air support to get them into the area. They're on foot or on horseback.

UNIDENTIFIED MALE: And when you guys said there were no explosives in the car last night, was that a visual check or did you have to go through it more to figure out if there was something in the trunk, under the hood?

DEARDEN: We have an explosives team we talked about last night from the police department that came in. Those are experts in handling explosive devices. They did go through the car. During the initial search, did not find any explosives.

UNIDENTIFIED FEMALE: Do you have any method of communication do you know?

DEARDEN: I can't speak to any method of communication they may have.

UNIDENTIFIED MALE: You referred to her as Hannah yesterday. Any new evidence come to light, an issue --

DEARDEN: No, we do not have any new information. We have not had any other reported sightings of this pair. Of course, anyone with information, anyone who sees anyone matching the description, we want to know about that. Call the tip line. We want any information you have out there. They think they saw the car or the pair, we are very hopeful we find these two and we hope they are right where we are looking and we can bring Hannah home safely. Yesterday, we had heavy smoke. The ash was in the air, much clearer. We have seen a shift in the weather, so that's helping. Certainly helping with visibility and that helps with the air crews.

UNIDENTIFIED MALE: Were you able to get infrared helicopters up last night?

DEARDEN: Not going to speak to any specific investigative tools. We're going to use every resource we can in this search.

UNIDENTIFIED FEMALE: How are you -- crossed through the search area and how are you keeping tabs on all of the potential -- Highway 21 and the river?

DEARDEN: We have people that are stationed in any of the possible areas in and out of this area. But now remember, there are many trails. You asked how many trails in this area. That is what this area is designed for. This is a wilderness area that is protected. You cannot drive into the area so multiple trail, multiple back country areas that you can access. The river and also access lakes in that area, so we are monitoring that as much as possible to make sure that we have a good idea of who is coming in and out of that area.

UNIDENTIFIED MALE: Do you have a sense now, are there logging cabins, hunting cabins, mining cabins, clearly, there's water that they can survive off, but are there structures where they can take shelter?

DEARDEN: There are cabins and of course, that would be part of our search.

UNIDENTIFIED FEMALE: Missing camping gear, vehicles?

DEARDEN: At this point, we have not had any reports of missing vehicles or missing gear or anything abnormal. But remember, this area does not, it is a remote area and so, communication, cell phone coverage is not something that people have there, so at this point, we do not have any reports of that, but of course, that can change as people come out of the back country and go back to their vehicle or back to those areas. Again, anything that seems unusual to anyone, please call that tip line. We want to know about it.

UNIDENTIFIED MALE: About 300 square miles or so --

DEARDEN: That is the area we're looking at same area, haven't changed the search.

UNIDENTIFIED FEMALE: Need a voter's permit --

DEARDEN: We don't know exactly how many other than just the surveying we've done and our crews have done on the ground.

UNIDENTIFIED FEMALE: How much did it reveal?

DEARDEN: There are dozens of people that are there now. Camping or on the river floating, things like that.

UNIDENTIFIED FEMALE: Been through the -- officers.

DEARDEN: At this point, nothing that we have learned from the people begin, no reported sightings of anyone matching the descriptions. Don't have any new information.

UNIDENTIFIED FEMALE: Have you seen any sign -- tracking --

DEARDEN: I'm not going to speak to any specifics that we've been able to uncover only to say that we haven't had any reported sightings of them.

We have right now, about 150 people on the ground. We expect that number to be at about 200 because we have more teams coming in. They're coming from all over the country and we will work them into the search area and make sure that we allow for them to come out when they need to and have the rest they need and you know, if this is the process that is planned, it is a process that we are coordinating.

All of these agencies, it is an extensive area the search. Also, these are highly trained teams with a lot of equipment and a lot of resources and so, all of that is being managed and coordinated. Partnerships you know, with multiple agencies and so, but, it's awesome to see these come together and like I said, to have these resources. What? They vary, but they are operating in teams.

UNIDENTIFIED FEMALE: Federal agencies or --

DEARDEN: We have county agencies here. Right now, all of the state agencies are from Idaho.

UNIDENTIFIED FEMALE: Is there any possibility of getting the -- motorized lifted for search of this nature?

DEARDEN: I have not heard any talk of lifting any of those.

UNIDENTIFIED MALE: And how many helicopters, how many airplanes, are there any drones in use?

DEARDEN: I do not have this specifics on the types of resources used or how many. I just know that we have air support.

UNIDENTIFIED MALE: But helicopters will be flying for surveillance today.

DEARDEN: I don't know that, I haven't heard that, but I can keep you updated on the types of searches we're doing as I'm able to. We will have another briefing for you at about 1:00 this afternoon. Certainly, we'll give you any updates we have at that point and if anything changes before that, we will let you know. Thank you very much.

MARQUEZ: OK, so this is getting going there, Fred, 150 searchers at the moment, 200 by day's end. This is a massive, massive effort by them. I know they have several hosp helicopters on scene.

WHITFIELD: And Miguel, very significant here. You have the sheriff saying this is a large investigation. You mentioned the personnel involved and we're talking about a very rugged terrain, even though she says this is a place where there are trails, cabins, that's going to be part of the search. Folks will be searching on horseback and on foot, but I don't think I heard her say anything about the radius of their search or how large is this area they hope to try to canvas?

MARQUEZ: Well, it's about 312 square miles, the area they could be. I mean, keep in mind, that on Wednesday, that guy on horseback spotted those individuals at 5 p.m. and then it was Friday morning that they found the car, so you're talking 36 hours later. This morning, we're talking about 48 hours later after that initial sighting. They went from where the car was ditched to where that person on horseback saw him. That was six miles, straight line.

That was over 24 hours perhaps, maybe a little longer, so they could have gone another six, eight, 10 miles since that person on horseback saw them. It is a giant area they have to seal off and that's what they've tried to do with people around the borders of this giant wilderness area -- Fred.

WHITFIELD: Very large undertaking. Miguel Marquez, thank you so much from Cascade, Idaha. Miguel mentioning the vehicle that was located, the vehicle in which the suspected kidnaps used. They did do a search event, no explosives. But however you heard the sheriff say they're going to do a more intensive search on it to see if they can find more forensic information that will lead them into some direction to find the 16-year-old girl and kidnapping suspect.

Also happening right now, the president's speaking to hundreds of disabled veterans in Orlando. The president expected to talk about more medical services, especially for those suffering from head injuries and PTSD. Let's listen in right now. BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: I think of the wounded warrior who spoke for so many of you when he said your life will never be the same, but that doesn't mean that you can't go on to do amazing things with the second chance you are given. I think of wounded warriors across America and how they've used that second chance, volunteering in communities, building homes, being a mentor to the local kids, showing up after tornados, after Hurricane Sandy to help folks rebuild.

I think of the wounded warriors who reached out to the survivors of the Boston marathon bombing with their own recovery and with a simple message. We stand with you. I think of all the inspiring wounded warriors that Michelle and I have met, their resilience, their resolve, their determination to push through and to carry on. That's the fighting spirit of our wounded warriors. That's the spirit of DAV.

Dedicated, not just to your own recovery, but to taking care of each other, every day, you work to ensure that America is fulfilling its promises to our men and women who have served. That's your mission. I want you to know it is my mission, too. I believe that this work is more important than ever because this time of war that we have been in is coming to an end.

WHITFIELD: President Obama in Orlando speaking to disabled vets, from there, he'll head off to Martha's Vineyard where he'll carry on with a family vacation.

Also straight ahead, singer, Usher gets to keep custody of his kids. Our legal guys will be along to give us an idea of why and how the singer won this round.

(COMMERCIAL BREAK)

WHITFIELD: Ahead in the NEWSROOM, leaving your kids with a third party caregiver, well, Usher's ex-wife says her son almost died because her ex-husband isn't around enough. She wanted emergency custody of the boy and her brother. Our legal guys weigh in on the judge's ruling.

The results of a DNA test has forced the FBI to reopen a case from 1964, now, one Nevada man doesn't know his name, even his age. We'll explain.

But first, today, a CNN hero is helping homeless mothers to be, she is helping pregnant women get health care, housing and support.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Years ago, my daughter and I were homeless. My main priority was to get out then I got pregnant again and I was like, what am I doing, I need to change.

MARTHA RYAN, COMMUNITY CRUSADER: I have never met a woman who wanted to hurt her unborn baby, but I've met a lot of women that did not know how to do the right thing. The common dominator is poverty and poverty is an accident of birth. Pregnancy is a wonderful window of opportunity. A mother can turn her life around.

My name is Martha Ryan and I help expectant mother, many who are homeless, break the cycle of poverty for good. You have to do the work yourself. I learned early on that prenatal care was not enough. We will help you with housing as possible. These women need help with complex issues and now, we serve the entire family.

UNIDENTIFIED FEMALE: Thank you so much.

RYAN: You're so welcome. Given opportunities, nothing stops them.

UNIDENTIFIED FEMALE: Getting over my addiction wasn't the hardest part.

UNIDENTIFIED FEMALE: I love you.

UNIDENTIFIED FEMALE: Getting my kids stable, finding my confidence.

UNIDENTIFIED FEMALE: Smaller circles. I work here now. I am so happy to be able to relay the things I've learned to moms. This program gave me the tools and I found myself.

RYAN: We are investing in people. Believe in yourself and just take one day at a time, their ability to change their lives. Now, that is inspiring.

(END VIDEOTAPE)

WHITFIELD: She is, indeed inspiring. We need your help to find great stories like this one. Please go to cnnheroes.com right now to nominate someone you know who is making a difference and deserves to be recognized.

(COMMERCIAL BREAK)

WHITFIELD: All right, in Atlanta, a victory for singer, Usher. A judge has denied a motion from the R and B star's ex-wife to get temporary custody of their children. Tameka Foster-Raymond petitioned the court after one of their two sons nearly drowned in Usher's swimming pool. CNN Alina Machado has more on the drama than unfolded in court.

ALINA MACHADO, CNN CORRESPONDENT: Fredricka, what was supposed to be an hour-long hearing turned into two hours full of drama and emotion.

(BEGIN VIDEOTAPE)

MACHADO (voice-over): An unexpected embrace between Usher Raymond and his ex-wife moments after a judge ruled in the singer's favor. The emergency custory hearing played out in a packed courtroom Friday first on the stand was Tameka Foster Raymond, who was hoping to get temporary custody of her 4 and 5-year-old sons after one of them nearly drowned in a pool earlier in the week. Her testimony was emotional.

TAMEKA FOSTER RAYMOND, USHER'S EX-WIFE: I don't know if my son is going to have a brain defect. I don't know that his heart is operating correctly. I don't know that my son is going to be 100 percent the boy he was before this incident.

MACHADO: She kept her head down as they played the 911 call in court.

UNIDENTIFIED CALLER: Is he breathing? Is he breathing? He's breathing.

UNIDENTIFIED DISPATCHER: OK.

MACHADO: And at one point, Foster Raymond became so upset, the judge intervened.

FOSTER RAYMOND: Never left the hospital, ever.

UNIDENTIFIED FEMALE: This is very difficult for you --

FOSTER RAYMOND: This is ridiculous. This is ridiculous.

UNIDENTIFIED MALE: Step down.

FOSTER RAYMOND: Thank you.

MACHADO: A sharp contrast from Usher, who appeared calm, even as he described trying to comfort his son the day of the accident.

USHER RAYMOND, SINGER: My son was hysterical and in the back of an ambulance, very irate and did my best to calm him down and helped him understand what had taken place.

MACHADO: Rina Oden, Usher's aunt, the woman caring for the boys Monday also took the stand. The judge found her to be a competent caregiver despite testimony from Foster Raymond saying she did not think Aunt Rina could handle the boys.

(END VIDEOTAPE)

MACHADO: The judge found Aunt Rina to be a competent caregiver and said the pool incident was an awful accident. The 5-year-old, by the way, according to Usher's testimony is doing much better and should be going home very soon -- Fredricka.

WHITFIELD: All right, thanks so much, Alina. So let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor joining from Cleveland. Good to see you. And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well. Gentlemen, Avery, you first, what factors does a judge consider in a case like this?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: The legal standard is best interest of the child, Fredricka, and what the judge had to consider was very simply this. Number one, Tameka alleged that Usher is gone 85 percent of the time and that the caregiver who is an older aunt and actually on disability was not certified or registered. There was no safety fence around the pool and the CPR was administered by some guy that was actually working there. That's very powerful evidence coupled with the fact that most mothers don't lose primary care of the child. The judge said this was an emergency hearing and despite all of those factors, he awarded custody or maintained custody with Usher, so that's kind of an interesting ruling.

WHITFIELD: It is. So, Richard, what was missing then in her claim of this emergency that it was not in the best interest of the children that they be removed from Usher's care?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: The problem here is this. This was a two-year marriage that produced two children. Last year, they had a vicious custody battle and Avery is right. In the overwhelming majority of custody cases litigated throughout the United States, physical custody is granted to the wife. That's just how it is.

Here, we see Usher has physical custody. That sends off bells and whistles and alarms and tells you there's something wrong with Tameka and there was a finding that she was emotionally unstable. Therefore, making that finding makes Usher the custodial parent even after the emergency hearing where the judge said look, it could have happened to anybody.

And they did everything they could and they in fact saved the child's life, but the judge said despite that, no matter how much he's away at work, no matter how much he travels, still, it's in the best interest of the children. They reside with him.

FRIEDMAN: That's right.

HERMAN: That's pretty powerful and says a lot.

WHITFIELD: It is. Avery, in general, there is that argument that has been made in several other cases where a parent allegations that the parent who has custody works too much, isn't there enough, but does that mean that involving a third party to care for your child jeopardizes custody for that parent who ultimately or at first had custody of a child?

FRIEDMAN: Well, depends on the quality of the care. Often what a court has to do in a custody battle is look at the question of whether or not the caregiving is competent or negligent. When Tameka went into court, she argued that it was negligent and I think the analysis was exactly right here. That when Tameka took the stand, what we saw was someone who was very emotional, out of control, frankly, I don't know how a parent doesn't become emotional in something like that. But I think the judge ultimately had to do the right thing and say Usher appears to be calm. Seems to have a structure to care for the child and that's what the judge did. By the way, the case is not over.

WHITFIELD: Is this done, finished or might there be more? Is this just one round?

HERMAN: It's over, Fred. They can take all the appeals they want with this. She can come back to court and make another emergency petition. What was kind of disgusting to me was to see a family court proceeding like this aired on television or have video of it.

WHITFIELD: Isn't that unusual? Most family proceedings are not televised.

HERMAN: The press.

WHITFIELD: Just because there's a celebrity involved here.

HERMAN: Not in family court, yes, because of a celebrity.

WHITFIELD: Yes, it's very unusual.

FRIEDMAN: I think at the end of the day, it was the right thing. The public should know what's going on.

WHITFIELD: OK.

HERMAN: Swimming pool accidents is probably the number one cause of death of children.

WHITFIELD: Sadly, too common.

FRIEDMAN: Put the safety fence up.

WHITFIELD: Yes, indeed, can be a savior. Thanks so much, Avery, Richard. But of course, we're going to see you again in about 15 or 20 minutes. We're going to talk about the accused Fort Hood shooter in conducting his own defense and what that means for his lawyers who want off the case.

RACHEL NICHOLS, CNN SPORTS CORRESPONDENT: And we're here in Rochester, New York, at the PGA championship. Coming up, I'm going to tell you about new trouble for Tiger Woods and Phil Mickelson.

(COMMERCIAL BREAK)

WHITFIELD: Bottom of the hour now. Welcome back. I'm Fredricka Whitfield in the CNN NEWSROOM. Three things crossing at the CNN news desk right now you need to know, first up, the manhunt for a teenager, Hannah Anderson and her alleged kidnapper is intensifying. Earlier this hour, officials in Cascade, Ohio said dozens of federal agents are looking for them in that area. The tough terrain is making the search difficult and officials are asking the public for any help they may have.

Number two, Bob Filner has left his in patient counseling sessions. More than a week earlier than the embattled San Diego mayor claimed he would stay. Filner is facing a long list of sexual harassment allegations and calls for his resignation. According to his lawyers, he will continue counseling as an outpatient.

All right, now to the flooding that's hitting 21 states this week. This is Nashville where people waited on rooftops to be rescued from that rising water. This riveting video capturing cars flowing downstream in Colorado, several people have been killed in the flooding across the country.

So, with Friday's wet weather at the PGA championship in Rochester, New York, the golf course was there for the taking and in the second round, Jason Dufner took it. Dufner made golf history, tying a major record with his round of 63 to take the tournament lead.

Joining us now Rachel Nichols. Rachel, Jason Dufner, get used to that name. He was the story yesterday. Tiger woods', always a name that people want to look for on the leader board. How's he doing?

NICHOLS: Yes, not so good. Tiger came into this major saying all right, finally, this is going to be the one because he played so well last week at a smaller tournament in Ohio. Really came into this tournament playing like gang busters. He's played better this season than any other golfer on tour, has not worked out this way at this event. Already today, he's nearly halfway around the course.

He's 2 over just for the day. He is out of contention here and it is extremely troubling for him considering how much work he is putting into his game. Even last night after a difficult round, he was back out on the driving range trying to solve these problems. Not putting well. Not playing his irons as well as he wants to and now, people are wondering if there is a mental pressure element of this because at a big event he's not playing as well.

WHITFIELD: Rachel, how about Phil Mickelson? He's fresh off that British Open win, but how is he doing now?

NICHOLS: He's not doing much better than Tiger. In fact, he is doing worse. He is 4 over for the day. That's almost hard to do at this point with the greens as soft and sticky as they are here. He is 6 over for the tournament. There is only three golfers left here doing worse that Phil Mickelson, which is remarkable considering what an amazing charge he made at the last major, British Open, when he came from behind the take the whole thing. In theory, he could still turn things around, but it's hard to see with the way that he's been playing. Perhaps he just had such a good time in England.

WHITFIELD: Hopefully, he's still on that open high. But things could change, anything can happen in the next day and a half. All right, Rachel, thanks so much. Good to see you.

All right, straight ahead, a real life story with more twists than any fictional thriller. It's about a 49-year-old kidnapping case that investigators thought they had solved under new DNA evidence surfaced.

(COMMERCIAL BREAK)

WHITFIELD: It's a mystery once believed solved. Now, the FBI is revisiting a half century old case. The case involved a baby's kidnapping and then a middle-aged man's self-doubts. Here's CNN's Ted Rowlands.

TED ROWLANDS, CNN CORRESPONDENT: Fredricka, Paul Fronzack was never told by his parents about his past until when he was a child, he came across a box full of newspaper clippings and at the time, his parents said don't worry about it, you are who you are. He says though for his entire lifetime, it nagged at him and a few months ago, he got a DNA test and found out he isn't who he thought he was.

(BEGIN VIDEOTAPE)

ROWLANDS (voice-over): Paul Fronzack is determined to find out who he really is. His story goes back to April, 1964 at Michael Reese Hospital in Chicago. Chester and Dora Fronzack were celebrating the birth of their baby boy, Paul, when a woman posing as a nurse kidnapped the 1-day-old newborn. It was front page news and as police searched, the heartbroken parents could do nothing but wait.

Then just over a year later this little boy was found abandoned in Newark, New Jersey. Investigators thought he might be Baby Paul because his ears were similar, but with DNA testing unavailable, they couldn't just hand him over. The Fronczaks were sure it was Baby Paul so they adopted him.

The boy in this home video grew up as Paul Fronczak living a great life in the Chicago suburbs, but as an adult, decades later living in Las Vegas with a family of his own, Paul decided to take a DNA test because he'd always had questions.

PAUL FRONCZAK, ALLEGEDLY KIDNAPPED AS BABY: And I started thinking honestly, what are the chances that out of the kidnapped baby from Chicago that I am their kidnapped child, found in New Jersey two and a half years later? It's pretty wild.

ROWLANDS: The results confirm that Paul actually wasn't the baby stolen from the hospital. He now wants to find out his true identity and now, nearly 50 years later, because of Paul's DNA test, the FBI has reopened the case in an effort to possibly find the real Paul Fronczak, a little baby stolen in 1964.

FRONCZAK: I just I think it would be really cool if we actually found the real kidnapped baby.

(END VIDEOTAPE)

ROWLANDS: So, Fredricka, there are two mysteries here. Who is Paul Fronzack, he is trying to find out his own identity. He's working with ancestry.com and they have apparently located a third cousin who he plans to connect with. The other mystery is where is Baby Paul? They did find the old case file and are going through it and interviewing people, hopefully trying to solve the mystery of where is that little boy today -- Fredricka.

WHITFIELD: All right, Ted Rowlands, thanks so much for that. Attorneys for the admitted Fort Hood shooter are fighting to get off the case even though a judge has ordered them to stay. Our legal guys are weighing in.

(COMMERCIAL BREAK)

WHITFIELD: Even though a judge has ordered them to stay on the case, three standby attorneys for accused Fort Hood shooter, Major Nidal Hasan, say they are pursuing efforts to get off the case. They say their client is using a, quote, "Repugnant defense strategy designed to result in a death sentence."

Acting as his own defense attorney, Hasan has asked almost no questions of the government's witnesses. Our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas.

So, Richard, you first, the judge says Major Hasan's legal team has to stay on the case, so when a lawyer disagrees with the client, who makes that final decision? Is it indeed the judge? Just like we're seeing here?

HERMAN: It is the judge here. Listen, he stood up in his opening and said I killed everybody. Now, he's not cross examining any witnesses. He wants to death penalty. He would have pled guilty to it if they would have let him. So they didn't let him, he had to go to trial and these attorneys who were initially his appointed attorneys were taken away from that role because he has a right to represent himself.

The defendant's right to represent himself and his right to have counsel. Here, he says I want to be my attorney. You can have all the shadow counsel you want, I don't need them. I'm going to handle this. Because in the end, Fred, he did this, this was out of a jihad and he wants to martyr himself and he wants to die. He wants the death penalty.

WHITFIELD: So Avery, what is the legal argument these lawyers make they want to be removed, recused from this case, even though they have been appointed and even though he is really representing himself. So, what do they say? How do they argue we just don't want it on our record? There's likely to be a verdict here and he is likely to get the death sentence?

FRIEDMAN: Well, that's why this case is so stunningly unnerving. You've got 13 murdered Americans, 32 other charges of attempted murder. If there were death penalty case that was warranted, this is it. The issue isn't that. The issue is as lawyers, we have an ethical and moral responsibility to advance the best possible defense in a criminal case.

And what has happened here and the reason the lawyers are appealing to the judge here is that we can't meet our ethical and moral duty, you must excuse us. Now, after the judge ruled, they took an emergency appeal to the Army Court of Criminal Appeals saying we are not even allowed under our ethics code to stay in this case.

But what the judge is trying to do is find the balance. Frankly, I think she fell into the trap of Nidal Hasan and I think the court of appeals may say hold this up until we resolve the question of the ethical duty of the lawyers.

WHITFIELD: Richard, do you agree with that?

HERMAN: I do. This case is going to finish. It's not going to stop. She stopped it last week to have that emergency ruling. This suggests to any other appeals, which I don't believe is going to be fruitful, this case will go. He will be convicted and get the death penalty.

WHITFIELD: Whether these attorneys or not, whether they like it or not. Let's turn to another case. This involving the Boston marathon bombing and now, a federal grand jury has charged two friends of the Boston marathon suspect with obstructing justice and conspiracy to obstruct justice in this case. The two are both from Kazakhstan.

They were charged in May on just the conspiracy count. The indictment accuses the two of taking items from his dorm room to keep them from investigators. Now, the attorney for one of the pair is describing his client as scared, distressed, just a 19-year-old boy. The attorney adding quote, "I personally feel this is a witch hunt."

So what are we talking about here? Obstruction of justice is very clear. You start hiding evidence and you're likely to find yourself in a heap of trouble, Avery.

FRIEDMAN: Yes, well, both these individuals are facing 20 years and $250,000 fines. When everyone heard this story initially, we thought it's a couple of goof ball college student, but you know what, one's inclination when you saw the horrendous consequence of what happened on April 15th, this is three days later. These guys took the backpack, had Vaseline to make bombs and had explosives from fireworks and a thumb device for computers.

I mean, for goodness sakes. One's natural instinct would be call law enforcement. These guys took it and hit it. The FBI took this pain staking agonizing effort to go through garbage dumps. They found it. Let me tell you something. I think these charges are going to stick and I think these guys are in a world of trouble.

WHITFIELD: And so, Richard, they're pleading they had no idea what they were doing was so serious, but ignorance is never above the law, right?

HERMAN: Not above the law, but the thing here, Fred, we have to focus on the fact there were three young men, but only two of them had been charged like this. Why wasn't the other one charged? Guess who the star prosecution witness is? There you go. And he's going to lay this case out. Give it to them in spades and they'll be convicted if they don't take a plea deal, but they're not going to get 20 years in prison. It's going to be much less than that.

FRIEDMAN: They'll be deported and that will be it.

WHITFIELD: All right, Avery, Richard, thanks so much, always good to see you guys. All right, hopefully see you next weekend. No glitch, maybe. Legal guys are here every Saturday to give us their take on the most intriguing legal cases of the day, the week, month.

Next hour of the CNN NEWSROOM, a strong, smart athletic teenager gone in a second, how did Jonathan Morelli who had so much ahead of him die of a heroin overdose? It's a growing problem every parent needs to know about. His mother is joining us next hour.

(COMMERCIAL BREAK) WHITFIELD: Coming up in the next hour, Oprah Winfrey claimed she was a victim of racism. It involves a purse that cost more than a car. Hear what happened.

And swimming with the sharks for a living, see how and why these men work with great whites.

(COMMERCIAL BREAK)