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CNN Live Saturday

Insurgents Push Back at Iraqi Government; NASA Decides to Launch Discovery; Short Man Given Leniency in Nebraska

Aired June 17, 2006 - 14:30   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: Bottom of the hour now. Here is what's happening.
A search is under way for two U.S. soldiers missing after an attack in Iraq. They disappeared yesterday about 30 miles south of Baghdad in an area known as the Triangle of Death. One American soldier was killed.

Despite a huge government attempt to secure Baghdad, the capital has been hit by a series of deadly bombings today. At least 35 people were killed, dozens wounded. The attacks come the day after a shoe bomber blew himself up in a Baghdad mosque, killing 11 people.

Washington warns North Korea against testing a long range missile. U.S. and South Korean officials say Pyongyang may be preparing the first test of a missile that is capable of reaching the U.S. The State Department says that would be considered a provocative act.

In New Orleans, police say five teens have been killed in a shoot out. They range in age from 16 to 19. Four were found dead just outside the central business district. The fifth died at a hospital. It happened early this morning.

A go or no-go? Shuttle Discovery astronauts are expected to hear today if the first shuttle mission in nearly a year will get off the launch pad. NASA has been trying to fix problems involving the external fuel tank. Mission managers hope to get a green light for a July 1st launch.

We update the top stories every 15 minutes on CNN LIVE SATURDAY. Your next update is coming up at 2:45 Eastern.

It's not unusual for some criminals to get short sentences. But one man in a small Midwestern town was given what some see as a lenient sentence because he is short. It caused a big controversy as Kelli Arena discovered when she traveled to Nebraska for "ANDERSON COOPER 360."

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): Sidney, Nebraska, is a small, quiet town. People who live here aren't used to being in the national spotlight.

UNIDENTIFIED MALE: Too short? Too bad! ARENA: But that's exactly where they found themselves about three weeks ago.

TIFFANY JONES, PROTESTER: It was like a whirlwind. We were in a different world there for a while.

ARENA: Why all the uproar? Well it started when 50-year-old Richard Thompson, who grew up in Sidney, pleaded guilty to sexually molesting a 13-year-old girl. The judge sentenced Thompson to 10 years probation instead of 10 years behind bars. The decision itself prompted outrage. That was nothing compared to the reaction to the judge's comments from the bench.

JIM HEADLEY, EDITOR, "SIDNEY SUN TELEGRAPH": She made a direct reference to his physical size. He's not tall. He's not fat. He's short. It was clearly a comment towards him being short.

ARENA: Five foot one to be exact. Jim Headley is a local reporter who was in court that day.

HEADLEY: This is the first thing she said when she came out of a very long rant about how bad he needs to go to prison. And then she said and then I look at your physical size. Well, that's her number one reason. That's her opening argument in this case to not put him in prison.

ARENA: The headline in the local paper the next day read, "Too Short to go to Prison." The article said Judge Christine Cecava decided against jail time because she was concerned that Thompson's height or lack of it would put him at risk from other inmates. Residents of Sidney were outraged taking to the streets to protest. Ed Ward manages the town's video rental shop.

ED WARD, RESIDENT, SIDNEY, NEBRASKA: We have 10 grandchildren, four of them are girls, little girls. I think it's the court's responsibility is to protect my grandchildren.

ARENA: Nebraska's attorney general appealed the sentence.

JON BRUNING, NEBRASKA ATTORNEY GENERAL: Mr. Thompson sexually molested a 13-year-old girl repeatedly. And any time a grown man sexually molests a child, they deserve to go to trial.

ARENA: Even local prison officials questioned Judge Cecava's implication that Thompson would not be safe in prison.

BECKY MENCL, NEBRASKA DEPT. OF CORRECTIONS: Yes, we do have several inmates incarcerated who are that stature or possibly less. Possibly shorter. And probably have been convicted of the same type of crime. We to my knowledge have had no reports of incidents that are at all related to a person's stature.

ARENA: After nearly 20 years on the bench, the judge was vilified. A Nebraska native and a mother, she consistently receives above average marks in judge evaluation surveys filled out by attorneys. JUDGE CHRISTINE CECAVA: I went to work one day and the next day it was all different.

ARENA: CNN spoke to Cecava but she said she wouldn't comment on the case due to the appeal. But allies rose to her defense. Bernard Glaser has known Judge Cecava since they went to law school together. He says she is not a lenient judge and made her decision based on the law and the facts.

BERNARD GLASER, FRIEND OF JUDGE: And if the law and the facts and the standards imposed upon her as a judge indicate that somebody should receive something as strict as intensive supervisory probation, she's got the guts to do it.

ARENA: The special probation calls for all sorts of restrictions. Thompson must get counseling, undergo random testing for drugs and alcohol, is barred from being in the same room with any one under 18 without supervision. And he has to spend 30 days in jail every year.

GLASER: And if he violates just one of those provisions, the judge made it clear in her sentencing order, he's going to prison, because he has had his chance.

ARENA: Supporters also say the judge's comments were taken out of context and that critics should actually read the court transcript. So, CNN asked for one. It turns out we were the first media organization to do so. It says the Cecava told Thompson, "I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think of what might happen to you in prison."

GLASER: You know I don't think anybody could deny that the judge did not consider this guy's mental capabilities along with his stature.

ARENA: And in fact, two weeks after being put on probation, Thompson became suicidal.

He was brought halfway across the state to this psychiatric hospital, where he was placed under strict supervision. Even so, there is little sympathy for Thompson among residents, and most believe that he still belongs in jail. But the uproar has died down. And life in Sidney is getting back to normal. Tiffany Jones runs a child care center there.

JONES: I think a lot of people are trying to back away from the initial anger, outrage and look at all of it. And I did the same thing.

ARENA: Jones, who collected more than 900 petition signatures to have Judge Cecava removed from the bench, says that she hopes her town's reputation isn't tarnished forever.

JONES: We don't want to be on the map for allowing sexual molesters, convicted people that do crimes against children to walk on our streets.

ARENA: Kelli Arena, CNN, Sidney, Nebraska.

(END OF VIDEOTAPE)

WHITFIELD: And that story comes to us from "ANDERSON COOPER 360." Join "A.C. 360" weeknights at 10:00 p.m. Eastern.

The death penalty is one of those issues that gets people talking and arguing. This week, the Supreme Court weighed in with two separate rulings. One makes it easier for death row inmates to claim lethal injection is cruel and unusual. The other makes it easier to introduce decades-old DNA as evidence in an appeal.

Let's see what our legal experts have to say. Avery Friedman is a civil rights attorney and law professor, and Richard Herman is a New York criminal defense attorney. Good to see both of you guys.

AVERY FRIEDMAN, LAW PROFESSOR: Good to see you, Fredricka.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: We decided to give you a break on the whole gavel, so we'll save that for the end.

FRIEDMAN: Right.

WHITFIELD: All right, well, Avery, let me begin with you. Does the Supreme Court ruling open the door for more challenges against death penalty verdicts?

FRIEDMAN: Oh, you're starting with me?

WHITFIELD: Yes, Avery.

FRIEDMAN: OK. It absolutely does. As a matter of fact, it's very clear that this unanimous decision, written by Justice Anthony Kennedy on behalf of the entire court, tells all the jurisdictions that use lethal injections that the formula, so the-called three drug cocktail, is going to have to meet a certain standard.

What that standard is really isn't known right now because the case has been sent back to the federal district judge who's hearing the case right now.

WHITFIELD: And so Richard, do you see that this is encouraging, that there are other means in which inmates, death row inmates, can appeal their cases, whether it be on the basis of old DNA evidence, or in this latest argument in Florida, whether it's lethal injection, cruel and unusual punishment?

HERMAN: Well, Fred, the environment that we're in now where you hear about the DNA evidence that's available in exonerating people on the death row is just astounding. But with respect to the three drug cocktail, you know, the argument was not an Eighth Amendment challenge to cruel and unusual punishment, but rather, it was more of a civil rights challenge to the fact that that form of killing is painful.

Now, I can't imagine any form of killing a prisoner not being painful. But in any event, the issue is, Florida's going to have to determine some other form of that cocktail, some other type of ingredients. And the lethal injection itself has not been struck down by the Supreme Court and I don't ever believe it will be struck down.

FRIEDMAN: It may, though. It may, because what the Supreme Court didn't answer is, what's the formula that is proper in a three- drug cocktail. The argument in this case -- and this defendant, Clarence Hill, was literally hooked up, the IV was in, and there was a stay granted by the Supreme Court in late January.

And the argument was, well, look, the science shows that this individual is going to suffer unreasonably. But they didn't really explain what kind of formula will be necessary. So in my judgment, this is a significant victory. Clarence Hill is a cop killer, he's probably going to die, but nobody knows when.

WHITFIELD: And Clarence Hill being one to argue that this cocktail might cause paralysis, he wouldn't be able to let anyone know that he was in pain and thereby his attorneys are saying that's what justifies their call as this being cruel and unusual punishment.

FRIEDMAN: Exactly.

WHITFIELD: Well, don't go anywhere. We're going to move on to a couple of other topics. Free speech or an act of desecration? The Senate considers a constitutional amendment that would make action like this, burning of a flag, illegal.

Our legal experts talk about flag burning and flag desecration overall coming up.

(COMMERCIAL BREAK)

WHITFIELD: 45 minutes past the hour, here's what's happening right now in the news. The U.S. military search is under way in Iraq for two missing American soldiers. They disappeared after an attack on a check point about 30 miles south of Baghdad in an area known as The Triangle of Death. One U.S. soldier was killed.

Despite a huge government attempt to secure Baghdad, the capital has been hit by a series of deadly bombings today. At least 36 people were killed, dozens wounded. The attacks come the day after a shoe bomber blew himself up in a Baghdad mosque, killing 11 people.

In Afghanistan, U.S.-led coalition and Afghan forces are pushing ahead with a major operation against the Taliban. Officials say Operation Mountain Thrust has killed dozens of suspected insurgents in the past couple of days.

And you're looking at a live picture. We're waiting for word on the Shuttle Discovery. NASA is expected to decide any moment, perhaps, even announce it any moment now, whether to launch the shuttle on July 1st, or some other date, perhaps. If it does happen, it will be the first shuttle mission, manned shuttle mission, in nearly a year.

We update the top stories every 15 minutes on CNN LIVE SATURDAY.

In the Senate, a burning issue. Flag desecration. Free speech or should it be banned by ordinary law or Constitutional amendment? And the Duke lacrosse players charged with rape. What's the status of the case as it heads to a pre-trial hearing later on in the week? Our legal experts are back, avery friedman and Richard Herman.

Richard, desecrating a flag? Certainly unAmerican. But it's not been illegal?

HERMAN: Well, it's quite an offensive gesture. And it's a form of free speech. So Congress is saying, you know what, we're going to criminalize this if it's done with the intent as a public protest. That's what the statute is. Before we get all worked up over this, remember since 1789, more than 11,000 attempts have been made to amend the constitution and only 27 have been ratified. So that's where we stand.

WHITFIELD: In other words, this is a long shot. So you know, the full Senate has yet to vote on it. A Senate committee just did this week, embracing it. Is this the route in which it should be -- it should take for a Constitutional amendment, or do you see that there are certain groups will be able to contest this as being a form of free speech?

FRIEDMAN: Well, we're going to hear from the entire Senate, Fred. We're going to expect a very vigorous debate starting the 26th of June. But you know what, I am so troubled with this. Because our majestic Constitution that protects freedom of religion, freedom of speech, ended slavery, now is actually being debated on the inclusion of restricting rights.

You know, the fact is that America really isn't having a problem with flag burning. If Congress wants to pass a law, fine, it's probably going to be unconstitutional. And in fact, what's going to happen is that this will be a very close vote. Burning a flag is abhorrent. But we don't need a Constitutional amendment.

WHITFIELD: Let's move on to the Duke case. Because the pretrial hearing is scheduled for later on, or, in the coming week. Now, it's not required that the defendant appear in court, Richard. But might it mean that the alleged victim would?

HERMAN: No, no. Fred, the victim will not be there, guaranteed she will never be there. It's not uncommon in cases like this for procedural issues for the defendants' appearance to be waived. But Fred, I gotta tell you, this case in Durham is an absolute outrage, it's an abomination.

WHITFIELD: Why?

HERMAN: This prosecutor is off his wagon down there. He went to a grand jury, knowing full well there was no evidence from the rape examination that she was beaten, that she was raped, there's no evidence at all of that. And the eyewitness who told the prosecutor, the district attorney, right away she was with the accuser the entire time except for maybe five minutes, and whether there was a rape, that's a crock. It never happened.

WHITFIELD: Avery, was that the story initially? Didn't the prosecutor, Nifong, say that there were injuries to the alleged victim consistent with rape?

HERMAN: He lied.

FRIEDMAN: All right, listen. We've heard one half of the story. The truth is that something happened that night. And somebody was injured that night. Ultimately, the question is can the prosecutor prove this case beyond a reasonable doubt? I hate to do it but I have to agree with Richard. Because it's an evidence question. And that's what's involved here.

He may very well have thought, in the initial point of this case as a principled manner, that there really was a rape. But as we're seeing more and more discovery coming out, Fredricka, this case becomes more and more problematic.

WHITFIELD: You talk about evidence, both you gentlemen. But what about the testimony, out of court testimony or interviews, given by the friend who was with the alleged victim, who herself has reportedly said she believes the whole thing was a crock?

HERMAN: It's devastating, Fred. Of a 1,300 pages turned over by Nifong where he says this is all the documents I have, there is not one objective finding of any physical injury to this accuser. Nothing. There is no evidence to support this case. It must be dismissed immediately or Nifong is going to get disbarred and perhaps criminally prosecuted.

WHITFIELD: At least with the evidence, we'll find that out during the pretrial hearing, what might either side actually have.

HERMAN: Never going to trial.

FRIEDMAN: I think it's going to go to trial. But I think the prosecutors have a huge burden to meet. Very difficult case.

WHITFIELD: Avery and Richard, thanks gentlemen, appreciate it. Oh, and Happy Father's Day.

Stories making headlines across America, seven years after the Columbine High School massacre, a memorial to the victims is being put into place. Ground-breaking took place yesterday in Littleton, Colorado. Among those attending the event, former president Bill Clinton who pledged $50,000 to help fund the memorial.

In Tennessee, Bluegrass star Ricky Skaggs' bus involved in a deadly accident. A tour bus carrying Skaggs from a performance struck and killed a man. Authorities say the victim was killed when he stepped onto Interstate 24. He apparently jumped over a fence to reach the highway. In San Diego, a happy reunion for a long-lost dog and its owners. Alex disappeared more than four years ago. But now she's back home. She had been taken to a local animal shelter recently and workers there discovered a microchip under her fur. The chip identified the dog's owners and so there you see the reunion now.

The U.S. may be playing in The World Cup but most of the enthusiasm is for the other guys. We'll get a live update from Europe straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: Moments ago NASA announced a launch date for what will be the first manned spaceflight in a year. This is what they said.

(BEGIN VIDEO CLIP)

BILL GERSTENMAIER, ASSOC. ADMINISTRATOR, SPACE OPS.: Again, it was a very good review. We have an awesome team working together. And lastly, we set the launch date of July 1st. And we're ready to go for July 1st.

(END VIDEO CLIP)

WHITFIELD: All right, Shuttle Discovery set to launch July 1st. And this being only the second manned launch since the Columbia disaster three and a half years ago.

Many Americans still consider soccer something of an oddity. But in Italy, they call it football. And it's serious business. CNN's Richard Quest is in Turin, Italy, where they are fired up and ready to play and ready to watch. Richard?

RICHARD QUEST, CNN CORRESPONDENT: Fredricka, good evening from Turin. What a noise. A few moments ago I was the only person in this square. And then, from everywhere they arrived to come and watch the match on the big screen. They are football mad in Italy. They know that if they get the U.S. today, then they probably go through to the next round of The World Cup. This is the sort of thing that people are doing here in Italy tonight.

Demonstrations of football. Look at that. He knows his football one way and another. Basically, hundreds if not thousands of people have now gathered here. They have a very nasty tradition of air horns which they are blowing very loud indeed. And in just a few moments' time, the crucial match for Italy begins.

But in all of this, Fredricka, there is one person, this gentleman is supporting the United States. His father comes from the U.S. he has The World Cup. He believes, well, maybe the U.S. still has a chance. He's now saying he'd like to live in America. Fredricka?

WHITFIELD: Richard, I have to wonder, is there a big jumbotron or television screen somewhere in the square, where people will be watching the game?

QUEST: Yes. All those people over there are watching a big screen just to my right. They are now singing what I believe will be the national anthem.

WHITFIELD: Wow. We can hear them now. Where are you going?

QUEST: I'm walking -- I'm going over to the crowd so you can get a bit closer. I'm going to take you right into it, Fredricka, right into it.

WHITFIELD: Very good. We apologize for the signal there. We can hear you clearly. We may not be able to see you clearly. There you go, right in the middle of it all.

QUEST: I'm still over here.

WHITFIELD: We see your bright yellow shirt.

QUEST: They're singing the Italian national anthem now.

WHITFIELD: Exciting. And so just that one lone American fan. Sitting at that table is there in the crowd? OK, I know Richard you cannot hear me with the bull horns going. Richard Quest in the middle of it all there in the square in Turin, Italy, where the folks there are anxiously awaiting the matchup between Italy and the U.S., taking place in Germany, of course, in The World Cup.

We'Ll update your top stories in a moment. Then it's CNN PRESENTS: The World's Most Wanted. At 4:00 p.m., we'll look at what happens when members of the U.S. military go missing.

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