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Anderson Cooper 360 Degrees

Deadly Standoff Over; Negotiating at Gunpoint; Kentucky Miner Killed

Aired January 10, 2006 - 23:00   ET


JOHN ZARELLA, CNN CORRESPONDENT: Anderson, the sheriff here in Osceola County told me that he wished it could have ended a little bit differently. But the good news that all four of the hostages are safe, are freed. One of the hostage takers, an alleged bank robber, is dead. The other, a female, she is in custody.
What happened was at about 9:30 this morning, bank robbery went bad. Throughout today they negotiated with these hostage takers and about 7:00 o'clock this evening, police say they were a bit surprised when the hostage takers emerged from the bank with the final woman hostage they were holding, using her as a shield. They got into a car, attempted to get away, but ran over some tire deflations devices placed on the street by police.

They made their way back towards the bank, got out of that car, got into a second car of a bank employee's whose keys they had gotten and at that point they were apparently attempting to make a second attempt at a getaway.

And police decided at that point that they were going to take the shot. A sniper took the shot and killed the hostage taker who was driving the car, the male. Police told us a little while ago why they made the decision to take the shot.


BOB HANSELL, SHERIFF, OSCEOLA COUNTY SHERIFF'S OFFICE: But we didn't want him to go mobile again with another vehicle. As you know, when it goes mobile like that that your chances of something tragic happening just increase. So we took the opportunity to end it right there and we did.


ZARELLA: Now, the hostage taker, the female, is alive. She was wounded slightly, carried out on a stretcher from the scene here. And the hostage, the woman hostage, has been rescued. She is safe, police say, and doing well.

What happened after the bank robbery attempt this morning was police say they got to the scene very quickly after getting the emergency alarm from the bank. They were in the area, got here before the robbers could get away. At that point the standoff began. Three hostages were released during the course of the day. One was released in exchange for cigarettes and a lighter. Anther was released for an agreement that the police SWAT teams would move back from the scene. Police say they thought that the negotiations were going very well, up through 5:00 - 6:00 o'clock this evening. But then, they were surprised that these hostage takers apparently panicked, made the decision to try and get away. And that's when police say they decided, Anderson, it was time to end it -- Anderson.

ANDERSON COOPER, CNN ANCHOR: Bringing a more than 10-hour ordeal to an end. John Zarella, thanks very much for that.

Up to a point, negotiations were proceeding by the book, so what is in the book? How do hostage negotiators do their job? And how did they do it today?

Charles Stone is a former hostage negotiator for the Georgia Bureau of Investigation. He's with us tonight in Atlanta.

Charles, thanks for being with us. How would you assess the negotiators' overall performance today in Florida?

CHARLES STONE, RETIRED HOSTAGE NEGOTIATOR: Anderson, from what I've seen on your news reports, it appears that it was a textbook example of a good hostage negotiation strategy, coupled with a good tactical resolution.

COOPER: We've all seen how it works in the movies. How does it work in real life? How do you establish a rapport with a hostage taker?

STONE: In real life, what you want to do is try to de-escalate the situation. When the robbery goes down, adrenaline's flowing and the hostage negotiator wants to slow everybody down, where they can hopefully reason things out, negotiate the situation without any violence.

In this particular situation, the negotiations appeared to be working well. They broke down and the hostage takers elected to try to leave the scene. In most cases that can't be allowed to happen. As the sheriff's officer pointed out, it just creates more problems. So, they had a tactical plan in place and when the hostage takers burst out, got to another vehicle, the decision was made to take the driver out.

COOPER: Well, let me ask you. I talked to the sheriff earlier, who said that they were wanting free passage somewhere; basically, to just be able to get away. Obviously, that wasn't going to happen. When a hostage taker makes a demand to you, as the negotiator, I mean, how do you say no?

STONE: You try to minimize as far as what you actually say to him using absolute terms as -- not using absolute terms, but you would make decisions based upon what they were demanding, try to minimize their demands, offer solutions other than their immediate demands and basically, stall for time and hope that the -- again, the rush of the robbery starts receding somewhat and more rational decisions are made.

COOPER: They also started trading. I mean, the bank robbers, I guess, for some cigarettes that the police brought in by a robot. They gave up a hostage or two. Is that -- I mean, do you try to encourage that kind of thing?

STONE: Yes, you do. In communications, the hostage negotiator will hopefully establish a rapport with somebody, one of the hostage takers. In this case, there were more than one. He'd tried to establish rapport with the more dominant one and negotiate things like food, cigarettes, water, climate control if that's used. Those are all things that are negotiable. And it restores faith in the hostage taker's mind that the hostage negotiator will try to resolve the situation without anybody else getting hurt or injured in the situation.

COOPER: It's a fascinating science. Charles Stone, thanks for joining us to talk about it.

STONE: You're quite welcome, Anderson.

COOPER: Another developing story tonight to tell you about. Today in eastern Kentucky, a miner was killed when the roof of the mine he was working in collapsed after a rock fall. One week, of course, after the tragedy at the Sago Mine in West Virginia, another mining community right now is grieving a loss. David Zimmerman, from CNN affiliate WTVQ, is on the scene.

David, what's the latest?

DAVID ZIMMERMAN, WTVQ CORRESPONDENT: I'll tell you what, Anderson, a rough night for this community in southeastern Kentucky. We're in Pikeville, just in front of the Maverick Mine. It's behind me. It has been closed down tonight after this accident. We were told earlier this evening by the Environmental and Public Protection Cabinet, that a miner was crushed and killed this evening while he was working inside the mine.

His name, Cornelius Yates. He was 44 years old, lived in Shelbiana, which is in Pike County. He was a roof bolt operator, was working with his four-man team, securing ceilings about 900 feet inside the mine, when a piece of solid rock fell on him, crushing him and pinning Yates inside the mine.

That was right around 3:00 o'clock. Now, shortly after that, the Kentucky Office of Mine Safety was called. They sent a search and rescue team to the mine. That crew actually got inside the mine around 4:10. Now, when they got to Yates, he was already dead. A coroner made that call around 6:00 o'clock. And Yates' body was removed from the mine at 7:15 this evening.

Now, we did get a chance to speak with Mark York, from the Environmental and Public Protection Agency and Tracy Stumbo, the chief inspector of the Mine Safety about this most recent mine tragedy. Obviously, they expressed their sadness that they even had to be out here tonight.

What happens now, Anderson, is the Kentucky Office of Mine Safety and License and the federal Office of Mine Safety and Health Administration will begin their joint investigation. And obviously, they'll be talking with the other three miners who were inside the Maverick Mine, who were with Yates at the time of the accident. They were unharmed, but certainly, that's where the investigation begins first thing tomorrow -- Anderson.

COOPER: David Zimmerman, appreciate your report. Thanks very much, David.


COOPER: A portrait of the most-wanted killer on earth, Osama bin Laden, described in detail by people who actually know him in a new book by CNN terrorism analyst Peter Bergen. Peter joins me live, next.

And a matter of life and death, literally. The Supreme Court is expected to decide whether DNA evidence should free a man now on death row or leave him there to await the inevitable.

Also tonight, women walking into nail salons around the country never bargained for this. A disturbing story about a beauty treatment with ugly results, and what you should do to prevent it happening to you when 360 continues.


COOPER: Osama bin Laden may not be in the news every day, but he is never far from the minds of Americans; and has been particularly on the mind of CNN Terrorism Analyst Peter Bergen, who spent the last year compiling this book, "The Osama bin Laden I knew." What amounts to bin Laden's biography is told by people who actually knew him. It's really an oral history of Osama bin Laden -- friends, family, fellow jihadas in places like Afghanistan, Saudi Arabia, Jordan, Egypt and the United Kingdom. It is a remarkable piece of research.

Peter Bergen, who joins me know, also managed to get his hands on a stunning number of documents related to the world's most wanted terrorist.

Peter, thanks for being with us.


COOPER: What does Osama bin Laden want?

BERGEN: What does he want?

COOPER: Besides, I mean, destruction of America, I guess, would be the most obvious.

BERGEN: That would be pretty high on the list. I think he wants to have installed Taliban style theocracies, you know, from Indonesia to Morocco. And end American influence in the Middle East. I'd say those are the two --

COOPER: Has he changed his world view at all? BERGEN: I don't think he's been remarkably consistent. I mean, we interviewed him in '97 for CNN, his first television interview. If you look at what he said then and what he's saying now, there's not a huge amount of difference.

COOPER: And there's some indication in your work that he have actually visited the United States. Is that possible?

BERGEN: Well, that's what his best friend says. And his best childhood friend says that bin Laden was in the United States when his very young son had a head deformity. I couldn't corroborate that from other sources, but --

COOPER: Where did he say he visited?

BERGEN: He thought it was Washington, but he couldn't be -- he wasn't certain. I mean, he may have been -- it's not clear, but this is certainly what one of his childhood best friends --

COOPER: And where was his hatred of the U.S. born? I mean, you know, initially, he was talking about getting U.S. troops out of Saudi Arabia. It's got to go deeper than that.

BERGEN: I think it began earlier. Basically, his view is without the United States, Israel wouldn't, you know, continue to survive. And so he began urging a boycott of American goods in the early '80s. Then, of course, when the United States had troops in Saudi Arabia, there was always Saddam Hussein invading Kuwait. That really turned him against the United States in 1990.

COOPER: Does he still maintain operational control over Al Qaeda?

BERGEN: I don't think so.

COOPER: Really? You don't think at all?

BERGEN: Well, but I don't think it's important in this aspect. Because what he does is he releases videotapes and audiotapes, which are distributed. And every network around the world, (inaudible), CNN, BBC. And on those videotapes, he provides broad strategic guidance to Al Qaeda and like-minded groups. So he doesn't need to pick up a phone and call somebody and say do a terrorist attack. We've had 18 statements of him by him since 9/11. Some of them have very specific instructions like, you know, attack members of the coalition in Iraq. We had attacks in Spain. Remember the coalition attack in London? I think there is a relationship between these attacks and bin Laden's statements.

COOPER: And his importance -- has it been usurped at all by or overshadowed by Abu Musab al-Zarqawi?

BERGEN: Certainly Zarqawi's killing more Americans and since that's -- you know, the object of his exercise is to produce a lot of body bags going back to the United States. And I don't think Zarqawi's overshadowing bin Laden because I don't think Zarqawi has the sort of world view like bin Laden has. You know, Zarqawi is basically sort of a thug. bin Laden is more sophisticated guy. But for the moment, I think Zarqawi is, you know, doing -- or he's now part of Al Qaeda. He, himself, has not sworn allegiance to bin Laden.

COOPER: What do you think -- I mean, obviously no one really knows, but what do you think his life is like? I mean, on a daily basis? Is it so, you know, if he's not using cell phones and internet, is he sitting in some mud hut somewhere? Or, I mean, because you see that videotape recently from Zawhiri. He seems to have access to, you know, President Bush's speeches, recent speeches he was alluding to.

BERGEN: Both the Zawhiri tapes you're talking about and also bin Laden's most recent statements, these guys look like they're well dressed, well-pressed clothes, they're very well informed. They're not living in a cave.

COOPER: Right, they don't look like they're bathing out of a bucket.

BERGEN: No. They're in some pretty okay situation. I mean, I'm sure they're not having a great time, but I don't think that they're in some remote cave.

COOPER: Most likely, they have allies. I mean, most likely, some of the people around them must know that they are there.

BERGEN: Yes, I think the number of people who know where bin Laden is, is very limited. If you think about the number of people who actually knew about the 9/11 attack was within Al Qaeda, it was very closely held, maybe 10 people. I think the same type -- maybe 10 people know where bin Laden is. It's a very tightly held secret. And if those 10 people are not motivated by money, they're not going to drop a dime on bin Laden for a cash reward.

COOPER: Right. It is a fascinating book. And it's really just an amazing amount of research that you've done, Peter. Thanks very much.

We have a lot more ahead. Erica Hill, from "HEADLINE NEWS" joins us right now with some of the other stories we're following tonight. Hi Erica.

ERICA HILL, CNN CORRESPONDENT: Hi Anderson. In Gaffney, South Carolina, five white teenagers are pleading guilty to beating a black teen last summer. Now the teens actually changed their pleas before facing trial on charges of aggravated assault and battery and second- degree lynching, which is legally defined as a mob attack. The victim has forgiven the teens, but the judge didn't -- giving them sentences ranging from two and a half to six years in prison.

In San Francisco, police are seeking a person of interest in their investigation of an explosive device found yesterday at a Starbucks coffee shop. The person they are looking for is a white man, about 40 years old. He's roughly 6'2", 200 pounds, with long sandy-brown hair. Now, they won't say whether he is also a suspect. In Bangor, Maine, a surprise visit from a former commander in chief. Former President Bill Clinton was able to meet with U.S. troops coming home from Iraq when a refueling stop for his private plane coincided with the troop's arrival. Clinton shook hands and hugged many of the soldiers and thanked them for their service.

And Singer Britney Spears topping another chart tonight; though, chances are, she might not be boasting about this one. Spears taking the number one spot on an annual Hollywood worst dressed list, that list from a fashion designer known as Mr. Blackwell. Also slams Jessica Simpson, Paris Hilton and Lindsay Lohan, among others.

I wonder, Anderson, if Britney's surprised she's number one.

COOPER: You know, that guy's just lame. It's just sad that this is what this man does for a living, or that this is what his big claim to fame is, just like making a mean list.

HILL: Are you just afraid of getting on the list, buddy?

COOPER: I guess so. Maybe that's what it is.

HILL: I don't think you have to worry. I think you're fine. I think you're fine.

COOPER: Well, you never know. Anyway, Erica Hill, thanks very much.

Tonight, a debate is underway about products that are probably in your medicine cabinet -- cough and cold remedies. Specifically, you have a cough that stems from a cold, the American College of Chest Physicians now recommend that consumers skip non-prescription cough medications, the kinds that don't make you drowsy. This after finding no convincing evidence in hundreds of studies that these medications relieve cold-related coughs at all.

In response, an industry group says the FDA supports the use of over-the-counter cough medications and they provide relief to millions of consumers every year. That's what they say.

Earlier, we asked CNN's Senior Medical Correspondent Dr. Sanjay Gupta to separate the facts from the fictions.


COOPER: All right, Sanjay, true or false? All over-the-counter cough medicines should be avoided?

DR. SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: False. You know, a really interesting study that comes out about this -- actually looking at the older cough medicines, the ones that are actually prescribed as decongestants or antihistamines, probably are going to be your best bet in terms of avoiding the cough associated with a cold.

COOPER: The older ones are? GUPTA: The older ones. The newer ones don't seem to work as well for the cough associated with a cold. And the specific ingredients that we're talking about here, diphenhydramine -- that's the thing in Benadryl; brompheniramine, that's the Drixolor products; and chlorpheniramine, that's the Chlor-Trimeton products as well. Those seem to be the best in terms of actually avoiding the cough associated with a cold.

COOPER: Cough is the number one reason people go to the doctor, true or false?

GUPTA: True. Interesting, upper respiratory infections of some sort, the number reason; and then the cough associated with that appears to be the number one thing --

COOPER: They never really tell you -- there's nothing you can really do. It's more just a placebo? I mean, I always go to my doctor, and he's just like, oh drink fluids. Which, I knew going into it, but I do feel better after he tells it to me. I don't know why.

GUPTA: Well, you know, doctors can have a placebo effect in and of themselves. But, you know, the cough products do seem to work -- some of these older ones -- in actually suppressing the cough that's associated with a cold. That might just make you feel better.

COOPER: True or false? Chicken soup can relieve a cough?

GUPTA: True.

COOPER: Really?

GUPTA: Interesting, you know what? It's more of the hydration. You were just talking about getting plenty of fluids. Drinking a good broth of chicken soup, that's going to give you plenty of fluids. Getting the rest, you mentioned that, as well. Something you may not know, though, anti-inflammatory medications -- also a significant benefit in terms of making you feel better. Specifically, Naprosin, if you pop some anti-inflamatories along with your chicken soup and rest, you'll probably get better quicker.

COOPER: And true or false? If a cough lasts longer than a week, go see a doctor?

GUPTA: You don't need to see your doctor, no matter how nice he might be, after a week. Three weeks, usually.

COOPER: Really? After a week you don't? I was sure that was true.

GUPTA: No, three weeks for just a regular cough associated with a cold. And the good news is after two to three days, the worst of the coughing usually is over.

COOPER: All right, Dr. Sanjay Gupta, thanks.

GUPTA: Thanks, Anderson. (END VIDEOTAPE)

COOPER: Well, you think you know what Judge Samuel Alito and all those Senators were saying at the confirmation hearings in Washington today? No, you don't, not really? We'll translate for you from Hill speak into English. Wouldn't that be nice, just good old plain old English.

Plus, the ugly side of a beauty treatment. If you get pedicures, you do not want to miss this special report when 360 continues.


COOPER: Well, if you caught any of Samuel Alito's hearings today, and there certainly was a lot of it to catch, you may have had trouble well staying awake, maybe. Even one of the Senators who grilled the Supreme Court nominee, joked that he snored through some of it. There were no fireworks, no big scandals uncovered, no jaw- dropping surprises. But lawmakers did discuss some key issues with Alito, issues you probably think are very important. Yet, figuring out exactly what was said today, was not so easy.

CNN's senior political correspondent Candy Crowley offers a translation.


CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT: Fourteen of 18 Senators on the Judicial Committee are practicing politicians and trained lawyers. Brace yourself.

SEN. MIKE DEWINE (R), OHIO: Zubi (ph) vs. AT&T Corporation. You dissented.

SEN. RUSSEL FEINGOLD (D), WISCONSIN: I want to come back to Mitchell vs. Forsythe.

SEN. JON KYL (R), ARIZONA: Lavito (ph) vs. Lapino (ph). Do you remember that?

CROWLEY: If ever an affair needed translation, it is this one.

SEN. ARLEN SPECTER, CHAIRMAN, JUDICIARY COMMITTEE: Let me move now to directly into Casey vs. Planned Parenthood and picking up the graviment (ph) of Casey as it has applied Roe on the woman's right to choose.

CROWLEY: Translation: Should a woman's right to abortion stay legal? Because it's been reaffirmed so many times in other court cases. Answer: Probably.

JUDGE SAMUEL ALITO, SUPREME COURT NOMINEE: Well, I think the doctrine of stare decisis is a very important doctrine.

CROWLEY: But not absolutely.

ALITO: It's not an inexorable command, but it is a general presumption

CROWLEY: Eight and a half hours later,

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: I guess there's no rule against beating a dead horse, or we'd all have quit a long time ago.

CROWLEY: The committee was still puzzling this question of abortion.

SEN. CHARLES SCHUMER (D), NEW YORK: Does the constitution protect the right to an abortion the same way without talking about stare decisis, without --

CROWLEY: And the nominee was still dancing.

ALITO: Asking about the issue of abortion has to do with the interpretation of certain provisions of the constitution.

SCHUMER: Well, OK. I know you're not going to answer the question, but I do have to tell you, Judge, your refusal I find troubling.

CROWLEY: Which is to say, I'm not voting for you. Beyond abortion, often eclipsing it, was the issue of presidential power, wire taps without warrants, the torture and indefinite imprisonment of suspected terrorists.

ALITO: But as to specific issues that might come up, I really need to know the specifics.

CROWLEY: Translation: Will not touch that with a 10-foot pole. It has the feel of kabuki theater, which often doesn't require the nominee to play a role. They just argue around him.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Congress passes laws, but this president says that he has the sole power to decide whether or not he has to obey those laws. Is that proper? I don't think so.

GRAHAM: The idea that our president or this administration took the law in their own hands and ignored the precedent of other presidents or case law and just tried to make a power grab, I don't agree with. But this is really not about you, so you don't have to listen. I'm talking to other people right now.

CROWLEY: It's so hard to take the politician out of the lawyer.

Candy Crowley, CNN, Washington.


COOPER: We have some breaking news to tell you about. The second of two explosions at a factory in south central Pennsylvania has taken place. These are the first pictures we are getting in. It apparently did serious damage, according to the authorities.

This morning there was an explosion that blew out a wall. It happened in York County, in Pennsylvania, about 30 miles south of Harrisburg, at Adhesives Research, Inc. There is no word yet on injuries or fatalities. However, officials are warning people who live within three miles of the plant to stay inside. Keep the doors and windows shut to guard against any hazardous chemicals that may be involved in this fire.

Now, according to their Web site, this company makes sensitive adhesive tapes, coatings and laminates and specialty films. So, the authorities are concerned about any hazardous materials that may be inside or disseminated through the flames, which you can see there. These pictures taken just a short time ago from our affiliate down there.

We're going to continue to follow this breaking news story from the area around Glen Rock, Pennsylvania. Again, it is a significant damage. An explosion has occurred at this plant. There is apparently significant damage. It is a chemical -- the fear is that chemicals may be involved in this fire. This occurred hours after an earlier blast had blown out a wall at this very same plant. So there was this second explosion.

According to the Associated Press, the York County emergency dispatcher said the second explosion appeared to have caused significant damage, but there are no immediate reports right now of any injuries. We're going to continue to watch this situation and bring you any updates as warranted.

We return now back to Washington, where Judge Alito isn't the only one on the hot seat. Some lawmakers themselves are getting a little wet under the collar. They've been sweating since their names were linked to what's been called one of the biggest scandals to rock the nation's capitol in years.

CNN congressional correspondent Joe Johns has been following the allegations and the spin.


JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT (voice-over): If you're a congressman whose name has come up in a scandal, the last thing you want to do is answer questions about it.

(on camera): Do you think this is going to have an impact on Republican candidates in the mid-term election? Your election?

REP. BOB NEY (R), OHIO: Oh no. I don't believe so. You know, I've said all I'm going to say on it. We've always offered to be of any type of help.

JOHNS (voice-over): That's Republican Congressman Bob Ney of Ohio, who's been subpoenaed in connection with the investigation surrounding Super Lobbyist Jack Abramoff, and donations by him and his client. Millions in donations to more than 300 politicians and political groups. Abramoff has pleaded guilty to conspiracy to bribe public officials, fraud and tax evasion; and promised to cooperate with prosecutors who are looking into whether he won favors for clients in exchange for lavish gifts to elected officials.

Which brings us back to Congressman Bob Ney, who has denied any wrongdoing. He's tangled up in this because he placed statements into the Congressional record, which allegedly benefited Abramoff financially. Abramoff in turn, treated him to expensive golf trips, entertainment and campaign contributions.

Back home in Ohio, just before the last Congressional recess, Ney found himself suddenly stuck, asked point plank whether the investigation would lead to changes in campaign finance laws. And he launched into a long rambling answer, basically pointing out that Democrats gain the system too.

NEY: So now, to me, having contributions from a million members of the AFL-CIO, and I receive a lot of labor support, was a healthy thing of those people participating in this process. That was all done away with. But guess what? One rich guy, named George Soros.

JOHNS: His answer goes on for a while, so we'll get back to Ney when he finishes his thought. But now, in "Keeping them Honest," let's take a closer look at one of the pressing questions. Is this just a Republican scandal or is Ney right? Should Democrats also be nervous? If you take a closer look at the guilty Lobbyist Abramoff, you see a Republican and a conservative with close ties to Former House Majority Leader Tom DeLay. Not to mention, a guy who used to work for DeLay, named Mike Scanlin, who also pleaded guilty. Scanlin was Abramoff's partner in crime.

Abramoff, in groups he represented, contributed vastly more money to Republicans than Democrats.

LARRY NOBLE, CENTER FOR RESPONSIVE POLITICS: Proportionately, if you're looking at that whole large universe of money, you're talking about two-thirds of that going to Republicans and about a third of going to Democrats.

JOHNS: Larry Noble of the Center for Responsive Politics, tracks the money for a living.

NOBLE: Well, I think in large part, it's a Republican scandal. There are Democratic elements to it, but it's a Republican scandal.

JOHNS: At least in this scandal, he says Republicans are in power and people in power get most of the money because they have most of the money because they have most of the influence. People like Congressman Ney, chairman of an important committee, who reported said he was mislead by Abramoff. What's he say now?

(on camera): You mentioned that you were duped by Abramoff, in the scandal (INAUDIBLE), can you explain that?

NEY: I've answered everything I'm going to answer. There are proper venues to continue and we'll cooperate with anybody that wants to know about that.

(END VIDEOTAPE) JOHNS: In other words, it is in the hands of the lawyers at the moment. But what's clear for now, is that some members of Congress are already rushing to try to get rid of certain controversial donations. There is already renewed talk of campaign finance reform on Capitol Hill, which would sort of renew a political cycle in Washington.

First there is a scandal, then there is reform, then people try to find a way to get around the rules, then there is another scandal -- Anderson.

COOPER: I've never seen so many politicians trying to give away money as quickly as we have seen of late. Joe Johns, thanks very much.

If you think a pedicure is a good way to unwind, you might want to think again, especially after seeing this next report. At nails salons across the country, pedicures have lead to ferocious infections, bacteria infections. We're going to look at what the cause is and how you can protect yourself. An investigation coming up on that.

Also, a restaurant serves alcohol to a five-year-old, ends up with a lawsuit. How did an order for apple juice go so wrong? Across America and around the world, you're watching 360.


COOPER: We don't expect life's little pleasures to end with pain and disfigurement. And we suspect most people who walk into a nail salon don't think about the dangers that lurk there -- but they should. This next story, an investigation by CNN's Greg Hunter, is a reality check. A word of caution, you may find some of the images in this report kind of hard to stomach.


GREG HUNTER, CNN CORRESPONDENT (voice-over): It is supposed to be a treat for your toes, a pedicure in a whirlpool foot spa. But did you know a relaxing pedicure could lead to this? A terrible skin infection that causes painful leg boils.

MARILYN CLARKE, SALON VICTIM: I had huge, oozing, lesions on my leg, pussy, oozing.

CYNTHIA HINZ, SALON VICTIM: It looked like cigarette burns. Somebody took and cigarettes and went up and down you leg.

HUNT: Hundreds of women have developed skin infections after getting pedicures in salons. Doctors say it is a disturbing trend caused by bacteria that can grow in dirty foot spas.

DR. SHELLEY SEKULA-GIBBS, DERMATOLOGIST: We really can't scare people enough regarding this. It is a very real threat.

HUNT (on camera): All across the country? SEKULA-GIBBS: All across the country.

HUNT (voice-over): In the U.S. the problem was first noticed in California, where there have been three serious outbreaks of bacterial infections in five years. In 2002, a month after getting a pedicure near San Jose, Angela Lanctot noticed what she thought were mosquito bites. But bumps turned into sores her father, a surgeon, had to drain daily, by squeezing them.

(on camera): Painful?

ANGELA LANCTOT, SALONG VICTIM: Extremely painful, kind of like grit your teeth, scream-out-loud painful.

HUNT (voice-over): And worst of all, Lanctot was suffering during one of the biggest events of her life, her wedding.

LANCTOT: There were open sores that were seeping with puss.

HUNT (on camera): All under your beautiful white wedding dress?


HUNT: Pretty memorable?


HUNT (voice-over): But Lanctot isn't alone.

(on camera): Did any of you ever imagine that you'd be saying, pedicure, open sores in the same sentence?




HUNT (voice-over): All of these women have sued California salons for skin infections after a pedicure.

MONICA DITTRICH, SALON VICTIM: It really makes you feel ugly, and damaged. And I really felt like a leper.

HUNT: The Centers for Disease Control says infections like these are caused by this water borne bacteria. In a 2002 study of California salons, the CDC found the rapidly growing bacteria were highly prevalent in whirlpool footbaths. Infections have now been reported in 12 states. Doctor Shelly Sekula-Gibbs, a dermatologist says, you can absorb bacteria from dirty footbath water, through a tiny cut or abrasion on your skin.

SEKULA-GIBBS: It can really hurt people's legs and it can leave them with disfiguring scares. So it's very bad.

HUNT: Something these women know all too well. Several showed us their legs; 19-year-old Brittany Welby had some of the worst scares.

BRITTANY WELBY, SALON VICTIM: I'm not the same person anymore. I can't live the life I used to when I was 18. This past year has just damaged me so much.

HUNT: Infections can be prevented, scientists say, if foot spas are cleaned properly. One problem is this screen that covers the plumbing in many machines. It can trap dirt, hair and skin, turning the tub into a breeding ground for bacteria. We wanted to see for ourselves what's behind foot spa screens. So, we went along with this salon inspector in Raleigh, North Carolina.

My name is Connie. I'm the state board inspector.

HUNT: In the first shop, the foot spa screens turn out to be clean. But at another salon, watch what happens when this footbath screen is removed. Look how much build up is there. The owner claims it is from one day of doing pedicures.

(on camera): So that's from one day?

UNIDENTIFIED FEMALE: Yeah, we got very busy today.

HUNT (voice-over): So we take a closer look at one screen.

UNIDENTIFIED FEMALE: That looks like mold with dead skin.

HUNT: People's feet are in this?


HUNT: Is that gross?

UNIDENTIFIED FEMALE: That is terrible.

HUNT (voice-over): But it isn't just one screen. According to our inspector all three of the salon's foot spas show signs of serious neglect.

(on camera): Do you think this is as clean as it should be?


HUNT: No? It's bad, isn't it?


HUNT: It's gross, right?


HUNT (voice-over): The following week the salon was reinspected and the footbaths were clean.

(on camera): It takes about an hour to do a pedicure, but the numbers really add up for just one chair. You could do eight a day, 50 pedicures a week, around 200 pedicures a month, in one chair. And if it's not cleaned correctly it is like sitting in the same bath as everyone before you.

CLARKE: It's gross. I would never do that. It makes you feel gross, dirty and disgusting.

HUNT (voice-over): This California salon, where more than 100 women were allegedly infected, settled along with its insurance company and some of its suppliers, a lawsuit for nearly $3 million. Cases against five other salons are pending. Neither the salons, nor their lawyers, would agree to speak with us. But the industry says the vast majority of millions of consumers who get pedicures every year are not at risk.

PAUL DYKSTRA, INT'L. NAIL TECHNICIANS ASSOC.: The salon professionals, with proper education, will do what is necessary to make sure that this isn't a problem.

HUNT: Paul Dykstra heads the International Nail Technicians Association, which has published guidelines advising members to clean like this Chicago salon does, by scrubbing foot spa screens daily and disinfecting after every client. But Dykstra believes it is up to consumers to ask questions.

DYKSTRA: If the salon professional, god forbid, is one that doesn't understand these procedures, they shouldn't get the service there.

HUNT: So we decided to find out what happens when consumers inquire about cleaning. We asked Nancy King, a nationally known industry expert, who trains nail professionals to go into upscale salons in Houston, wearing a hidden camera. Our expert finds one salon doing everything right, disinfecting after each pedicure.

UNIDENTIFIED FEMALE: We have to, because there are water jets in there, and the germs get caught in the water jets.

HUNT: At another salon, the receptionist says the right thing.

UNIDENTIFIED FEMALE: After every client, they clean and disinfect.

HUNT: But when King talks to the pedicure technician, she gets a different story.

UNIDENTIFIED FEMALE: If there's a salon out there saying that they're cleaning and like bleaching after every client that's a lie, because they can't do it. I mean, I've never seen anybody do that.

HUNT: CNN asked the salon owner to comment. He never responded.

(on camera): You went to seven spas, how many did you approve of?


HUNT: What does that tell you?

KING: There are a lot of people out there that need a lot more training.

HUNT (voice-over): These women know how important a safe pedicure is.

WELBY: It's really, really sad that a pedicure has changed my life like this.

HUNT: They face a life-time of scares, they say, may never heal.

Gregg Hunter, CNN, Chicago.


COOPER: Man, if you still want a pedicure, experts advise three things to protect yourself: Ask how the salon cleans its footbaths. It should use a hospital grade, EPA approved disinfectant and run 10- minute cleaning cycle before each and every client. They rarely seem to do that apparently.

Ask the salon to remove the footbath screen and show you it's clean. And don't shave your legs, they say, less than 24 hours before having a pedicure. To be really safe, stop shaving two to three days before. Cuts and nicks can provide a door to bacteria.

Coming up next, the latest on the breaking news story out of a plant explosion in Pennsylvania. Plus, there is one state about to execute the wrong man. It was a brutal murder, but one he says he did not commit. The question is now, will DNA evidence send him off of death row. And a Long Island iced tea for a toddler, how one food chain is in hot water for allegedly giving a five-year old a hangover.


COOPER: Update on breaking news: the second of two explosions on a plant in south central Pennsylvania, you see the flames for yourself. Tonight, the latest explosion did serious damage. The first one, this morning, blew out a wall.

It happened in York County, about 30 miles south of Harrisburg, at Adhesives Research Incorporated. Now, there is no word of any injuries at this point. Police have shut down a portion of Interstate 83, in the area. They do not know how long it will take to reopen. Officials are telling people who live within three miles of the plant to stay inside, keep doors and windows shut to guard against any potentially hazardous fumes.

We'll keep an eye on the story, bring you any developments throughout this next hour.

Tomorrow the U.S. Supreme Court is going to hear a case that could end with an inmates death or freedom. He was sentenced to die for the murder of a woman in Tennessee. Prosecutors are convinced he did it. The condemned man says new DNA testing proves he's innocent. CNN's Randi Kaye investigates.


RANDI KAYE, CNN CORRESPONDENT (voice-over): Twenty years ago this woman, a wife and a mother, was brutally raped and murdered. It happened in the cover of darkness, in the woods of Luttrell, Tennessee, just 100 years from this tiny shack, the victim, Carolyn Muncey, shared with her husband and two children.

(On camera): Did you kill Carolyn Muncey?


KAYE: Did you rape Carolyn Muncey?


KAYE: But if you didn't kill her and if you didn't rape her, how did you end up here 20 years ago?

HOUSE: I guess that's the million-dollar question.

KAYE (voice-over): In fact, it's a life or death question for Paul House, who has spent the last two decades here at Riverbend Maximum Security Prison. House was convicted and sentenced to die for the rape and murder of Muncey. House, who now has multiple sclerosis, was a friend of Muncey's husband, he was also a convicted rapist, out on parole.

PAUL PHILLIPS, DISTRICT ATTORNEY GENERAL: I think that he knew that he could trick her to leave the house and get her down by that creek. And I think his intentions were a sexual assault. The reason she was killed was because she fought back.

KAYE (voice-over): When police questioned House about the murder he told them he had been at home all evening. About two miles away from the rape and murder. But his live-in girlfriend admitted House had gone out for about an hour and he arrived home with cuts and bruises.

(on camera): You buy the story that somebody stopped him on the road and beat him up?

PHILLIPS: I don't buy it at all. No. That would be called hogwash in Luttrell, Tennessee.

KAYE (on camera): House says he left home the night of the murder about 10:45 and returned an hour later. That would give him about 60 minutes to find, rape, and kill Carolyn Muncey, then drag her body about 100 yards and hide it, in order to do all of that in such a short time the defense figured House had to run, there and back, four seven-minute miles, leaving just a half hour for everything else.

HOUSE: I've been smoking since I was like, 12 or 13; a long, long time. KAYE (on camera): So, were you capable of running four miles that night?

HOUSE: Hell, no!

KAYE (voice-over): Still, investigators later confirmed House's filthy jeans from that night were splattered with the victim's blood. But the defense said the blood spilled on the jeans from autopsy vials during transport to the lab.

This is Matthew Muncey, he was just five when his mom was murdered. This is the first time he agreed to an interview.

KAYE (on camera): What do you think about Paul House being on death row?

MATTHEW MUNCEY, VICTIM'S SON: I wish they had done killed 'em.

KAYE: You wish they had killed him?


KAYE: You don't think they have the wrong man sitting in prison?


KAYE: What do you think about the chance that he might get out?

MUNCEY: Well, if he ever comes around here, I'll kill 'em.

KAYE: Comes around here, you'll kill him?


KAYE (voice-over): Throughout the investigation Paul House has maintained his innocence. Even as investigators reported they believed they also found his semen on the victim's nightgown. Yet back then, DNA was not used as a forensic tool. The sample never tested.

(on camera): You're angry?

HOUSE: Yes. You could say that.

KAYE: Bitter?

HOUSE: That, yes.

KAYE (voice-over): But House's luck may change. The Supreme Court of the United States is set to hear his case Wednesday. It will be the first DNA case involving a death row inmate to come before the high court.

A few years ago House pushed his new lawyer, Steven Kissinger, to order state of the art DNA testing on fluids from the scene. The semen discovered on her nightgown belonged to her husband. So there is no proof House raped Carolyn Muncey.

The DA says other evidence proves House attempted to rape the victim, like bruises on her thighs, and because her death occurred during an attempted sexual assault Phillips says death is the proper punishment.

(on camera): Here on death row, the Supreme Court's decision could have a major impact. While the court won't decide Paul House's guilt or innocence, it will determine if he gets another chance to prove his case.

According to The Innocence Project, there are more than 100 inmates hoping to get that chance through DNA. And for some, like House, the clock is ticking.

NINA MORRISON, THE INNOCENCE PROJECT: For Paul it is literally life and death. He will almost certainly be executed if the Supreme Court doesn't grant him relief.

KAYE (voice-over): Nina Morrison is a lawyer with The Innocence Project. The Project has helped free more than half of the 162 people exonerated based on post-conviction DNA testing. The court has the power to grant House a new trial. Prosecutor Phillips says if it does, he'll try him again.

STEVE KISSINGER, HOUSE'S DEFENSE ATTORNEY: The only justice in this case is Mr. House walking out of prison a free man.

KAYE: Both sides will have just 30 minutes to argue their case before the justices; 30 minutes that might possibly erase the last 20 years of this man's life.

Randy Kaye, CNN, Luttrell, Tennessee.


COOPER: And we'll continue to follow the case.

Coming up, it was no Shirley Temple, a restaurant, a five-year- old, and a Long Island iced tea. Not on the kids' menu, certainly. But it is next, stay with us.


COOPER: Well, here is how "The New York Post" described it, as only it can. A certain night out in Manhattan, a bizarre boozy bender, clowning, shouting and stumbling. You're thinking Tara Reeve, Paris Hilton? K-Fed, maybe?

No, it is Seth Pereles at Applebee's. It seems he had one too many Long Island iced teas. Now his mother is suing. Why? You might ask, is his mother suing? Well, because Seth, you see is only five years old.

(BEGIN VIDEOTAPE) COOPER (voice-over): Cynthia Pereles was just ordering apple juice for her five-year-old son, Seth, when they went to Applebee's last July.

CYNTHIA PERELES, FIVE-YEAR-OLD SON SERVED ALCOHOL: When the waiter came over and actually brought out drinks and he took a sip from the kiddie cup, he just thought it was the nastiest thing. He said, "Oh, mommy, it's so nasty." And at that moment I realized that there was something wrong. And I opened up the lid and I looked at it kind of smelled it. And when I took a sip I realized that it was an alcoholic beverage inside the kiddie cup.

COOPER: It was a Long Island iced tea, a potent cocktail made with vodka, tequila, rum, gin, triple sec, sour mix, and a splash of Coke. And it took its toll on the five year old.

PERELES: He was basically, you know, laughing uncontrollably, licking the things on the table like the bread basket. He was speaking very loudly. And I asked him, you know, to calm down kind of, to lower his voice. And he said to me that he couldn't because of what was in the cup.

COOPER: Seth was rushed to the hospital and given fluids to fight dehydration. Cynthia says a toxicology report showed alcohol in his system. Seth was able to leave the hospital in four hours, but the emotional impact has lasted longer, says Cynthia.

According to her, he is seeing a psychologist for nightmares that he calls his Applebee's dreams.

PERELES: Some of the dreams that Seth was having, that he expressed to me, were kind of like that he was trapped and spinning around and someone was kind of grabbing his legs and he felt kind of trapped.

COOPER: Cynthia says she is suing the owner of that Applebee's. The company admits Seth was served alcohol. Telling CNN, quote, "We deeply regret this isolated incident and we apologized to his family. The error was unintentional, but because of its severity, we immediately dismissed the employee responsible."

The company also says that it took, quote, "actions to ensure this situation will not happen again."


COOPER: We continue to monitor our breaking news story. The second of two explosions at a plant in south central Pennsylvania. The latest tonight did serious damage, the first this morning blew out a wall. These are the pictures we have been seeing.

It happened at Adhesives Research Incorporated in York County, near the Maryland state line. No word of any injuries. Officials are telling people who live within three miles of the plant, stay inside, keep the doors and windows shut to guard against potentially hazardous fumes. Police have shut down a portion of Interstate 83, in the area. They don't know how long it is going to take to reopen.

We're joined on the phone by Bernadette Lauer; she is the with the Pennsylvania Office of Emergency Management.

Bernadette, what can you tell us about this explosion?

BERNADETTE LAUER, YORK CO. OFFICE OF EMERGENCY MGT.: Hi, actually I'm with the York County Office of Emergency Management.

What I can tell you is there was a large fire here earlier today (AUDIO GAP). Huge clouds of black smoke. And basically what's happening now is there is fire personnel on the scene, as well as Hazmat, and they proceed to fight the fire and monitor the situation.

COOPER: There had been this warning that we had reported about possible hazardous chemicals. Is that -- what do you base that on?

LAUER: Pardon me, could you repeat that?

COOPER: Do you believe that there are hazardous chemicals in these flames, in the smoke?

LAUER: There are hazardous chemicals, hazardous materials inside the building that are stored in this area, that have caught fire. So, yes. There are harmful chemicals in the air. And that is why we are advising everyone to shelter in place, which means we want them to stay inside with their windows and doors closed, within a three-mile radius of this area, for their own protection.

COOPER: Any sense -- how big a blaze is this? Any sense of how long it might take to control?

LAUER: At this point I don't know. Fire personnel are going to be here for a while, I can tell you that.

COOPER: Bernadette Lauer, appreciate you joining us from the York County Office of Emergency Management. Thanks very much, Bernadette.

We'll have more of 360 in a moment. We'll be right back.


COOPER: That's it for 360 tonight. A reminder, stay with CNN for coverage of the confirmation hearings for Supreme Court nominee Samuel Alito. That starts at 9:30 a.m. in "The Situation Room". Day three of the hearings begins tomorrow as, I said, 9:30 Eastern Time. And a special edition of "THE SITUATION ROOM."

Also, Larry King is next, his guest Senator Sam Brownback and Chuck Schumer on the Alito hearings. Plus, Star Jones on love and marriage, and much, much more.