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CNN Newsnight Aaron Brown

Virginia Files Charges in Serial Sniper Case; Mondale Likely to Replace Wellstone in Minnesota Senate Race

Aired October 28, 2002 - 22:00   ET

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

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


AARON BROWN, HOST: And good evening, again, everyone. It may be the oddest race we've ever seen, the race going on to see which state -- or perhaps it will be the federal government -- can be the first to try, sentence and execute the two sniper suspects.
Maryland struck first, filed the first charges out of Montgomery County, arguing that most victims came from there, so Maryland should get first crack. This sits none too well with Virginia, which argues it has the most experience prosecuting death penalty cases, including those involving juveniles, so it should really go first. Judicial economy, one official argued. Of course Alabama wants in as well, and the Feds are expected to weigh in tomorrow.

Believe me, this is not an argument about the death penalty, it's about decorum. No one has so far explained to me why in the end it really matters who gets first crack. If these guys are the snipers, they should stand trial everywhere they killed and answer for every life they claimed, every single one.

Economy is the last issue we should be concerned with. That is something the families and their victims, of course, deserve.

What the victims and their families don't deserve is a bunch of politicians and prosecutors turning this into a circus, acting as if it was an opportunity to score points with viewers and voters. And sadly, you can almost smell the peanuts and the cotton candy already.

On to The Whip, and the sniper case again begins it all. Jeanne Meserve is in Washington tonight. Jeanne, a headline from you, please.

JEANNE MESERVE, CNN CORRESPONDENT: We all saw pictures of the Chevy Caprice when suspects in the sniper case were arrested very early last Thursday morning. But some people believe they saw the car much earlier in the killing spree, and they say they were largely ignored by investigators -- Aaron.

BROWN: Jeanne, thank you.

And the latest from that terrible scene in Russia. Dozens dead after a hostage crisis in Moscow. Tough questions for the Russian government. Matthew Chance has that story tonight. Matt, a headline from you, please.

MATTHEW CHANCE, CNN CORRESPONDENT: Aaron, a growing outcry here in Russia over the use of a mystery gas by the Russian forces to bring to an end that dramatic siege in the Russian capital. A day of mourning has been observed, but the death toll amongst the freed hostages threatens to rise.

BROWN: Matthew, thank you. Good to have you with us tonight. And back with both of you shortly.

Also coming up, the death penalty, a very big issue in terms of the sniper case. We'll talk with novelist and attorney Scott Turow about that and the controversial clemency hearings that have been going on in Illinois for death row inmates. Mr. Turow was on the commission in Illinois that examined the fairness of the death penalty there.

And the tragedy that has thrown all bets out in one Senate race, in a year when one Senate race could mean everything. Candy Crowley tonight on what now for both sides after the death of Minnesota Senator Paul Wellstone.

And the presidency captured through the lens. Very telling moments as shot by White House photographer Diana Walker. All that and much more tonight as we start a new week with the legal tug of war over John Muhammad and John Lee Malvo.

Tonight, prosecutors from seven jurisdictions want a piece of them for the sniper shootings. Seven plus the federal government, which may well get into the act tomorrow. There's the potential for capital cases in nearly every jurisdiction, and a race that seems to be the first to convict.

Right now, the Feds have Malvo and Muhammad, which, in the end, may be decisive. But for now, no one has decided anything.

Here's CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE DEPARTMENT CORRESPONDENT (voice-over): Four counties in Maryland and Virginia have already filed charges in the sniper case against John Allen Muhammad, and the 17-year-old, John Lee Malvo.

PAUL EBERT, PRINCE WILLIAM COUNTY PROSECUTOR: Personally, I don't care who tries them first. I do believe Virginia is in the best position to obtain the death penalty.

ARENA: In Virginia, the two men are facing death penalty eligible charges of murder. Sources say even if it can't be proved that Malvo was a triggerman, there is a new terrorism statue that prosecutors may try to apply. In Maryland, a death penalty sentence is less certain.

Under charges already filed, Muhammad faces the death penalty in Maryland, but because Malvo is a minor, he does not. According to federal sources, the death penalty is key to which jurisdiction is likely to try the men first. And those sources say Maryland is not likely to be chosen. DICK THORNBURGH, FMR. U.S. ATTORNEY GENERAL: There seems to be a growing consensus among law enforcement officials and, I might add, among the general public, that if the death penalty is to be utilized, this is the kind of case that it ought to be reserved for. Where there's a willful, premeditated killing.

ARENA: But six of the ten people killed were shot in Montgomery County, Maryland. Officials there say there are compelling reasons they should have the first crack.

DOUGLAS GANSLER, MONTGOMERY COUNTY PROSECUTOR: Our community, Montgomery County, was disproportionately affected by these shootings, and we feel we need to begin the healing process as soon as possible.

ARENA: The two men remain in federal custody. And Justice Department officials say that gives them the right to decide which jurisdiction goes first. Justice sources also say federal charges could be filed that would rope all the cases together under an extortion charge that includes murder. A move some critics dismiss.

MARK HULKOWER, FMR. FEDERAL PROSECUTOR: What this case is about murder. It is not about extortion or anything like that. And these cases should be tried as murder cases.

ARENA: Sources say a course of action could be decided as early as Tuesday.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

BROWN: A bit of hindsight now along with the usually caveat. Everything looks obvious after the fact. With that said, there are questions tonight about why one why eyewitness' account got so little attention from the sniper task force, even though he told local police what he saw and even though they acted upon it.

Here again, CNN's Jeanne Meserve.

(BEGIN VIDEOTAPE)

MESERVE (voice-over): October, 3, Pascal Charlot was gunned down on a D.C. street. The sixth person killed in the sniper attacks. Witnesses in a parking lot around the corner heard the shot and saw a car parked on the street; a car with a clear line of sight to the victim.

KARL LARGIE, SHOOTING EYEWITNESS: I saw a car moved off from behind these trees here and it just moved off slowly without the lights on.

GAIL HOWARD, SHOOTING EYEWITNESS: It was an older model. I didn't see the car. I know it was dark colored and it looks like an old police car. That's what I know. He later told me it was a Caprice, because he knows cars. MESERVE: Based on the information gathered here in the days after the shooting, the D.C. police put out a teletype to all local law enforcement to look out for an older model Chevrolet Caprice or a vehicle of similar style, burgundy colored, four door with dark tinted windows. But the task force continued to look for a white truck or white van, never following up with the witnesses or the detective who took their report.

Though Largie says he approached investigators at the scene, with his theory that the shooter had to be inside the car.

LARGIE: They did not seem interested or in any way wanted to hear. I mean, they didn't really look interested.

UNIDENTIFIED FEMALE: They came in through the store to buy food, but nobody ever asked us anything, you know nobody ever asked us anything.

MESERVE: The head of the sniper task force was asked this weekend why the report of the Caprice got so little attention.

CHIEF CHARLES MOOSE, MONTGOMERY COUNTY POLICE DEPARTMENT: And I was also somewhere in the investigation told that we had located that, that it had been somehow abandoned.

(END VIDEOTAPE)

MESERVE: D.C. detective Anthony Patterson (ph), who issued the lookout for the Caprice said "Moose got some bad information." He says an abandoned burned out car was found just days after the lookout was issued, but he checked it out himself and says it was not the vehicle seen near the shooting. It wasn't even a Chevy. His witnesses are convinced they have seen the Caprice again in news footage from the scene of Thursday morning's arrest -- Aaron.

BROWN: In fairness to all hands, they were getting hundreds of if not thousands of tips.

MESERVE: They were getting thousands of them, as many as 70,000 into the FBI tip line. But here we had an instance where a lookout was put out by a police agency, one that was involved in this task force. We tried to reach the Montgomery County task force today to get more explanation for why they hadn't looked at it. Didn't get a call back from them. As for Detective Patterson (ph), he says he just doesn't quite understand what happened to it. He thinks it must just have gotten lost.

BROWN: Jeanne, thank you. Jeanne Meserve in Washington for us again tonight.,

To the Middle East next. Security now being tightened after the killing of an American diplomat in Jordan. Until recently, Jordan would have been the last place to expect trouble. The kingdom is an ally; King Abdullah a friend. His police (ph) have successfully cracked down on al Qaeda and other terrorist groups in the past.

Violence has been the exception not the rule in Jordan until this morning. Here's CNN's Jerrold Kessel.

(BEGIN VIDEOTAPE)

JERROLD KESSEL, CNN CORRESPONDENT (voice-over): The 60-year-old U.S. diplomat was gunned down at his house in the sedate Amman neighborhood. 7:20 in the morning he was just preparing to get into his car to drive to work when the gunman struck. Laurence Foley died on the spot. Eight bullets from a seven-millimeter pistol at close range.

The assailant made his get away as Foley's shocked wife, Virginia, discovering the body in their driveway, alerted Jordanian police. No claim of responsibility, but plenty of shock in a place long regarded as one of the Middle East's safest capitals.

Olive trees dominate the front yard of the Foley residence. This is the first killing of a Western diplomat in Jordan. No security either, and the shock is compounded by the fact that Laurence, Larry Foley, was universally regarded by colleagues as a man who only wanted to help others.

UNIDENTIFIED MALE: Larry represents the very best in America. A man dedicated to his country and to helping other people. Larry was beloved in this community. He and his wife, Virginia, loved Jordan.

KESSEL: U.S. Ambassador Edward Ghanem (ph) choked back tears as he recalled Foley's service that went back to the 1960s in the U.S. Peace Corps in India. But, as people called at the house to pay condolences, the ambassador was not willing to be drawn in any way whatsoever with regard to motive or the possible identity of the assailant.

UNIDENTIFIED MALE: At this point of time we're not making any assumptions.

KESSEL: As the cleanup was continuing, the Jordanian hierarchy from King Abdullah down expressed condolences. Jordanian leaders called it an isolated incident not reflective of the mood in their country.

There is now security at the Foley house, with the U.S. embassy and Jordanian officials said to be cooperating intently in trying to track down the killer and his possible accomplices. Jordanian leaders pledged that they would do so.

(on camera): But the concern goes beyond the attack itself, because what is being exposed here is the fragility of the situation of Jordan, a key U.S. ally in the region at what is a very volatile time in the Middle East.

Jerrold Kessel, CNN, Amman.

(END VIDEOTAPE)

BROWN: About 30 more detainees arrived at the U.S. naval base in Guantanamo Bay in Cuba today. Who they are, where they're from, the Pentagon is not saying tonight. Their arrival brings the number of detainees to about 625. That's 625 people from more than 40 countries being held for what they did, what they know or the threat they posed. Over the weekend, four prisoners were released to their home nations after it was determined they didn't fall into any of those categories.

On to Moscow next. Tonight, scores of people remain hospitalized, some recovering from the gas used to free them from the Chechen hostage takers on Saturday morning. Some are dying from it. At least 117 people already have.

Tonight, the U.S. embassy is Moscow says it has located what might be the body of one of the three American hostages. Meantime, the families of the dead are asking all the questions you would imagine about why the rescue effort went the way it did and why the price was so high. Of course, in fairness, they would also be asking tough questions if their captors had made good on their threats to blow everyone up in that theater.

Here is CNN's Matthew Chance.

(BEGIN VIDEOTAPE)

CHANCE (voice-over): For a city still in shock, time to grieve its bitter loss. Thousands came to pay their respects of the scene of the dramatic hostage crisis, now a place of memorial for the dead. Relief that followed the storming of the theater by special forces has turned to dispair.

"Please god, tell me why you punished all these people," cries this woman. "I have been praying for the health of the survivors, and we will remember all those who died forever." But other people's grief is little comfort to the relatives of the hostages killed or the hundreds still hospitalized. And admissions by the authorities that most hostage deaths were caused by their own military's use of gas has angered already anxious families. Tight official control mean some still don't know if their loved ones are dead or alive.

UNIDENTIFIED MALE (through translator): I came here to find out where my daughter is. I know that her friend who was with her is in this hospital. I am trying to ask them where my daughter is, but they will not answer.

UNIDENTIFIED FEMALE (through translator): The horror is not over for us yet. We will be able to come down when we have seen her alive. She is so young, just 21 years old, a student.

CHANCE: The operation to storm the theater where Chechen rebels were holding hundreds of people was initially hailed as a success. Hostages were brought staggering out of the auditorium, delirious from the effects of the knockout gas pumped in moments before.

Doctors warn the death toll of those freed could rise further. There are as many as 200 people still in intensive care.

(on camera): There are so many questions still to be answered here. Not least, what kind of potent gas was used that caused such a heavy loss of innocent life. The Russian authorities say they had to act or the tragedy would have been much worse. But there is undeniably a dark cloud hanging over their success.

(voice-over): Still, survivors well enough to leave their hospital beds say the use of this deadly gas was a life saver.

UNIDENTIFIED MALE: I think without it, everyone would be dead. Every hostage would be killed. This gas was maybe not the clear win of our forces, but it was really the win.

CHANCE: But for many others who have lost friends and family, victory may have come at too high a price.

(END VIDEOTAPE)

CHANCE: What exactly this chemical agent is that was used by the Russian special forces has not been revealed. (UNINTELLIGIBLE) by the Russian authorities has been described variously by officials as a sleeping gas or as a special substance. There's a lot of speculation around about what it could be.

One line of speculation saying it could be some kind of anesthetic meant for medical use. Another line of speculation say it could be some kind of Cold War era nerve agent that was never meant to be deployed in such a confined space. Whatever the truth, it has turned out to be extremely deadly in these circumstances, Aaron.

BROWN: Well, the truth eventually comes out in these sorts of things. When asked why they won't tell what kind of gas it is, what does the Russian government say?

CHANCE: Well the Russian government is saying that this was a military operation and they're saying that, as such, the actual tactics, the details of what they did, should be kept a military secret. Of course, not many people are accepting that explanation. They believe that what could have happened here is Russia used some kind of banned substance.

Remember, Russia, like many countries in the international community, has signed up to an anti-chemical warfare treaty back in 1993. There is some speculation that the Russians, in using this gas, may be in breach of that.

BROWN: Matthew, thank you. Matthew Chance in Russia tonight for us.

A little later in the program we'll take a look at their news, Russian TV news to see how they're reporting the story.

Also ahead on the program, author Scott Turow joins us. He has written a novel about the death penalty, but he has also been involved in the state of Illinois' review of death penalty cases.

And up text, a dramatic, stunning acknowledgment by a Catholic bishop about what he knew of a troubled priest. This is NEWSNIGHT on CNN. (COMMERCIAL BREAK)

BROWN: Trying to imagine how, say, a high school principal would react after finding out that a teacher was openly advocating pedophilia. We suspect that teacher wouldn't be allowed back in the building, let alone in the classroom.

Think about that while thinking about this next story. That at least one corner of the Catholic Church, knowing that a priest supported pedophilia, did not get the priest removed. It did not even stop him from being promoted. This latest chapter revealed today a sworn statement by Bishop Thomas Daily of Brooklyn in the now infamous case of Father Paul Shanley.

The story from CNN's Michael Okwu.

(BEGIN VIDEOTAPE)

MICHAEL OKWU, CNN CORRESPONDENT (voice-over): Bishop Thomas Daily was vicar general of Boston's archdiocese, serving as number two under the cardinal when he made Reverend Paul Shanley acting pastor of St. Jean's (ph) parish in Newton, Massachusetts.

UNIDENTIFIED MALE: Didn't you have some concerns about that?

BISHOP THOMAS DAILY: I would say I had some concerns, but keep in mind that, if I'm not mistaken, there were no calls, complaints, evidence of actions by him in regard to this whole field. That it was all ideas, it was all him making big speeches, for which he needed a kick in the pants, if you don't mind my saying. But he was all ideas and he was promoting these ideas and -- but no action.

OKWU : Shanley was indicted in June for raping and molesting four boys when he served at St. Jean's (ph) in the early 1980s. The taped deposition was taken in August in connection to a civil suit filed by the four. Daily promoted Shanley, despite a parishioner's claim that she overhead Shanley saying sex between children and adults was the child's fault. And despite knowing Shanley had attended a meeting of the North American Man-Boy (ph) Love Association.

UNIDENTIFIED MALE: You also knew in 1983 that someone who might express their endorsement of love man-boy (ph) love relationships might also be someone who could be considered a threat to children. Is that correct?

DAILY: He might.

UNIDENTIFIED MALE: But you went ahead and appointed him despite the fact that you had information before you that suggested that Paul Shanley had attended and quite possibly endorsed the views of the man- boy (ph) organization.

DAILY: Correct.

UNIDENTIFIED MALE: And you regret that?

DAILY: I regret that.

RODERICK MACLEISH, VICTIM'S ATTORNEY: So the question is, why did this happen? Why was Paul Shanley the person elevated by Bishop Daily in 1983 to this position where he would have completely unrestricted access to children?

UNIDENTIFIED MALE: He is taking some of the blame and what can he do? If we all had 20/20 hindsight, would we have done half the things we've done.

OKWU: Over recent months, as public outcry over the sex scandals increased, Daily has done damage control. In March, sending a letter to the faithful of the Brooklyn archdiocese. "I acted in good conscience," he wrote, "with the knowledge gained from consultations. But in hindsight, I profoundly regret certain decisions."

(on camera): Through a spokesperson, Bishop Daily said the tape speaks for itself. He recently offered his resignation to the Vatican. At 75, that's standard procedure.

Michael Okwu, CNN, New York.

(END VIDEOTAPE)

BROWN: A few other stories to fit in here before we go to break, beginning with the deadly shooting in Tucson, Arizona. Police say a student at the University of Arizona college of nursing shot and killed two professors before killing himself, and then later found another professor dead in her office. The student, Robert Flores (ph), was said to have been struggling with his studies.

On to the murder case of Robert Blake. His lawyer, Harland Braun, is quitting. He says the TV star has "an emotional need to do a TV interview that could harm his case." Diane Sawyer is set to do the interview with Robert Blake on Friday.

And we can only imagine what the singing cowboy Gene Autry would be thinking right about now. His beloved Anaheim Angels, Los Angeles Angels, they had all those names, are World Series champs tonight. President Bush congratulated the Angels by telephone from Air Force One today. Fans now need to rest up for the big victory parade come tomorrow in Anaheim.

As NEWSNIGHT continues, we'll see what America's presidents really do in their unguarded moments.

And, up next, the author Scott Turow on the fact and the fiction of the death penalty. This is NEWSNIGHT from New York.

(COMMERCIAL BREAK)

BROWN: It may turn out that the sniper case changes again the way Americans view the death penalty. Over the last couple of years it has become clear that innocent people have been convicted of capital crimes. And as that became clear, support for the death penalty has eroded some. Not so much that a majority are opposed, but the shift was there.

Scott Turow, the lawyer and the novelist served on the Illinois commission that looked into the death penalty in that state and made recommendations on how to change the system to ensure that no innocent person is ever put to death. He joins us tonight to talk about the ultimate penalty, both real and fictional. His latest novel, "Reversible Errors," has the death penalty as a backdrop. It's nice to have you here.

SCOTT TUROW, ATTORNEY: Thank you.

BROWN: The book just out?

TUROW: The book is actually in the stores tomorrow.

BROWN: Have you been thinking -- well, I want to get to the real stuff in a second. But have you been thinking about writing a death penalty book for a while?

TUROW: As a lawyer -- I still practice law -- and as a lawyer I have been involved in capital cases since 1991. So, I had started to write this book when I was appointed to the capital punishment commission in Illinois, and I continued to do it with the blessings of deputy governor and the governor.

BROWN: Do you get a sense that the sniper case has kind of jolted the debate on the death penalty again?

TUROW: Sure. And I mean there are always celebrated and hideous crimes that marshal, understandably, the passions in favor of capital punishment. This is a subhuman crime.

BROWN: Yes.

TUROW: And it's unimaginable, and people understandably and even rightly feel that some kind of ultimate punishment has to be visited on these people just to symbolize how awful the crime is.

BROWN: Do you think in some respects that the clemency hearings -- I think they ended today in Illinois...

TUROW: It did.

BROWN: ... that have been going on had the same effect by highlighting a reality that most of the people who are convicted of murder are, in fact, murderers?

TUROW: Yes. And it's far and away the worst crime. And certainly the governor walked into -- probably knowingly walked into a public relations trap. By statute, you have to have the opportunity for hearings before the prisoner review board before you can grant any form of clemency. And the prosecutors in the state used it as an occasion to conduct a very effective and very appropriate, from their perspective, public relations campaign, pointing out how horrible many of these crimes were.

BROWN: What's the governor going to do? Do you have a clue?

TUROW: I don't have a clue. My suspicion is that the governor is going to commute some sentences because some sentences were infected by the kinds of problems that were identified by the commission on which I stand.

BROWN: Will you talk about that for a minute on the problems and at least the solutions that the commission proposed?

TUROW: Sure. You know, one of the things that's at the heart of reversible errors is the problem of false confessions. And the commission recommended the videotaping of the full interrogation of a suspect.

In other words, once somebodies enters a station house and is known to be the focus of an investigation, the videotape cameras ought to start rolling. Needless to mention, a lot of people in the police community -- not all, by the way -- including the superindentent of the Chicago Police Department. But many are opposed to that.

Another problem is eyewitness identifications. I -- when I was a prosecutor, I used to think that was a best evidence conceivable. Turns out that people under the stress of witnessing a crime do not see or recollect most of the details.

So, that's been another area where we've recommended reform of the sort of protocols for identifying witnesses.

Another problem, and the sniper case, awful as it was, is an example of it, is tunnel vision. Generally speaking, police when they're investigating, tend to take the first information they get and treat it as gospel. It's a baseline.

And so the angry white man in a white van is who they were looking for and you ran a piece this evening on how other leads were not investigated.

And, you know, we have tried to -- we recommended educating police officers so they're aware of this tendency.

BROWN: Of all the things you can do, that's a tough one.

TUROW: It's very tough.

BROWN: The book is just getting into book stores now, I gather.

TUROW: Tomorrow.

BROWN: They've all been terrific books for me. I'm -- I find them a great way to get from one coast to another on an airplane.

TUROW: Bless you. Thank you.

BROWN: Bless you for coming in. It's nice to meet you finally.

TUROW: Thank you, Aaron. It's great. BROWN: Thank you. Scott Turow with us tonight.

Later on the program, we'll look at amazing pictures of presidents in their unguarded moments.

Up next, how the death of one senator could change who controls the Senate. It's a busy Monday night here. This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: When we come back, a new charge now in the sniper case, literally now just coming in. We'll give you that and a look at politics and more. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: Late developments to bring you in the sniper case tonight. Suspect John Allen Muhammad is now being linked to two more crimes. An unsolved murder back in February, the shooting death of a 21-year-old woman whose aunt worked for Muhammad's auto repair business. Also, a shooting incident at a Tacoma, Washington synagogue. You'll that he lived in the Tacoma area for a time. That took place -- took place, rather, in the spring. No one was hurt in that case, but Washington authorities now looking at those charges.

Politics now. We were thinking about something the late Hubert H. Humphrey once said, the former vice president and the legendary Minnesotan said: "It is not what awaits me that counts, it's what you do with what you have left." It speaks to the challenge facing the Democrats of today in Minnesota and Washington forced to find a new candidate after the death of Senator Paul Wellstone on Friday.

In an election year where just one seat could shift the balance of power, it's expected that another Minnesota legend, Walter Mondale, will take up the challenge his party and Senator Wellstone's family has asked him to do so.

A one week campaign against a tragic backdrop. Here is CNN's Candy Crowley.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN CORRESPONDENT (voice-over): A flag-draped desk, flowers and moment of silence on the Senate floor.

UNIDENTIFIED MALE: Tribute to Senator Wellstone and his family.

CROWLEY: Death, especially when unexpected, stops everything for a while. Everything except time.

Paul Wellstone was killed Friday. There is a public memorial service tomorrow evening. Five days of standstill in a grieving Minnesota. Five days closer to Election Day.

Which brings us to Norm Coleman, Wellstone's opponent. NORM COLEMAN, (R-MN), SENATE CANDIDATE: Give me two more days. Let me -- let me go through the process that you need to go through. It's part as human beings, we need to go through a grieving process, a healing process and then do move on.

CROWLEY: Moving on may begin Wednesday, when Walter Mondale is expected to agree to take Wellstone's place on the ballot, which means less than a week before the elections, Coleman must face both a wave of sympathy for Wellstone and a Minnesota icon.

COLEMAN: I'm not going to comment much on Walter Mondale. You asked me, What do I think of Walter Mondale? I think he's a great man.

CROWLEY: The Republicans are heartened by weekend polls showing a dead heat Coleman-Mondale race. It will not be easy, Democrats will see to that.

SEN. HARRY REID (D), NEVADA: Couldn't they keep their polls quiet until after the man is buried? I just think this is so out of -- this is classless.

CROWLEY: Two years ago, John Ashcroft, now the attorney general, was in a tight rage for Missouri Senate when his opponent, Mel Carnahan, died in a small plane crash. Like Coleman, Ashcroft suspended his campaign. But when he resumed, he could not find the sweet spot between respecting Carnahan's memory and winning votes.

Missourians took their grief to the polls. Carnahan became the first dead man elected to the Senate. His wife now holds the seat.

Now Norm Coleman walks into this quicksand mix of grief and politics, where even the simplest question might sink him.

JUDY WOODRUFF, CNN ANCHOR: Can you beat Walter Mondale?

COLEMAN: I -- again, without -- I want to stay away from it right now, But do I want to win? Yes. Do I think I can win? I worked hard for this. But you know something, Judy? I have to tell you right now, it's an election on November 5. It is just an election.

CROWLEY: There is nothing like perspective.

Candy Crowley, CNN, Washington.

(END VIDEOTAPE)

BROWN: A little more on this tonight. We're joined from Washington Ron Brownstein, CNN political analyst, reporter for the "L.A. Times.

And in Minneapolis, Laura McCallum, political reporter for Minnesota Public Radio.

Good to have you both. Laura, I was doing the math, I think you have to be about 55 years old to have voted for Walter Mondale. Does he still have that much cache in the state?

LAURA MCCALLUM, POLITICAL REPORTER, MINNESOTA PUBLIC RADIO: Well, he's very well respected, but he was last -- like you said, he was last on the ballot in 1970, so there's a whole generation of people that certainly have never voted for him.

The name is well known but some people may know his son, Ted, better than they know him.

BROWN: So what's -- because his son ran for, what? Governor?

MCCALLUM: Ran for governor four years ago but was defeated in the primary and that was, of course, when Jesse Ventura won.

BROWN: And, so what's the buzz out there? Is it slam dunk -- is it seen as a slam dunk for the Democrats?

MCCALLUM: No. I think it's a slam dunk that Mondale will get the nod. But I hear mixed things. Certainly Democrats think he is their best shot at continuing to keep the seat, but, you know, it's going to be the past versus the future, as Republicans put it, and it will be a hard fought battle.

BROWN: And Ron, what's the buzz you're hearing? Democrats pretty confident that Mondale will somehow walk away with this, right?

RON BROWNSTEIN, CNN POLITICAL ANALYST: Well, they're confident that he will accept the nomination to replace Wellstone Wednesday. I think they feel they have an advantage here, both because Mondale is so well known, because -- secondly, because there will be very little time for Coleman and Republicans to raise issues about Mondale that might have been more debilitating in a long campaign, some of his views over the years, and third because there will be obviously a wave of sympathy for Wellstone and a desire, I think, at least on the part of some voters to memorialize him by supporting his successor.

You saw two different strategies being emerged today, Aaron. The Democrats, I think, want to make this campaign as much as possible a testimonial to Wellstone. Republicans want to make it a race between Coleman and Mondale, and to focus on issue differences between them, because they realize they can't win against, in effect, the ghost of a senator who was very well liked even by those who didn't agree with him.

BROWN: Well, I think he once taught me to follow the money, so tell me where the Republicans are putting their money right now? Are they pulling it out of Minnesota and sending it to Georgia, for example, or Missouri, for example?

BROWNSTEIN: This is very interesting. The Democratic Senatorial Campaign Committee, which has been spending heavily to criticize Norm Coleman said today that it is out of Minnesota for the duration. It will not be spending again. There is a conservative group, American for Job Security, that has been spending heavily in Minnesota to criticize Paul Wellstone -- they say they're out for the duration. They're not getting back in. But the National Republican Senatorial Committee has pointedly refused to make such a pledge and has left open the possibility, and I think the indications are that they may well be in the state before the end, with compare and contrast ads between Mondale and Coleman, because they need those issues to work for them. They don't want to run against either the aura of Mondale or the legacy of Wellstone.

BROWN: Well, they better move quickly, because there's only a week to go.

Laura, give us a sense of what the next couple of days are like there?

MCCALLUM: Well, we won't -- we're going to have, obviously, the tribute to Senator Wellstone tomorrow night, a big public memorial service. Thousands of people. The campaign will begin in earnest on Thursday, but I think the tone will be much different than before Senator Wellstone died. It was nasty before then. We had probably $20 million being spent on this race, and now I think it's the tone will be much kinder and gentler. We won't see the negative attacks.

BROWN: Ron, in just 30 seconds or so, there was -- I saw a piece the other day suggesting that the tide had shifted a little bit towards the Democrats in the Senate. A, do you agree with that, and B, why?

BROWNSTEIN: Democrats are more of a state-by-state thing, Aaron. When Lautenberg is the other half of "That '70s Show" for the Democrats, replaced Bob Torricelli, that state moved towards the Democrats, which really helped them, and also in Arkansas, Democrats have felt that they have an advantage in a Republican-held seat.

You really have about six races left, three Republican-held seats -- Colorado, New Hampshire and Arkansas. The Democratic seat in Missouri, South Dakota and Minnesota, they are the top tier here. And if the Democrats can hold Minnesota and take Arkansas, they put a lot of pressure on Republicans to sort of thread the needle to get to the 50-50 tie.

BROWN: Ron, Laura, thank you both. And Ron, particularly, I know we'll be talking to you again as the week goes on. Thank you. Laura, thanks for your help tonight.

MCCALLUM: Thank you.

BROWN: Ahead on NEWSNIGHT, a fascinating look behind the scenes at the White House through the lens of photographer Diana Walker. Up next, the Russian view of the hostage story. "Their News" tonight. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: "Their News" tonight comes from Russia. The whole idea of "Their News" is to see not just how a story, in this case the hostage rescue, is being covered, but to see if that coverage is different in tone and substance from the coverage provided by outsiders, for lack of a better term.

In this case, it seems the answer is yes. While the Russian papers are full of the debate over the tactics used to end the standoff, Russian TV focused on something else. "Their News" tonight comes from Russia's Channel 1.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE (through translator): One hundred seventeen perished in the theater siege. Today, a day of mourning in Moscow. Hundreds of citizens came with flowers to the site. Inside the theater, investigators continued their work. They're accompanied by explosives specialists, just in case they come across suspicious objects.

A little later in our program, we'll show you how those experts work.

Today, we managed to get a crew at the site where hostages were kept for almost 60 hours. Meanwhile, many of the hospitalized hostages are gradually getting better. Most of the already released are avoiding communicating with journalists, while some want to share their experiences.

UNIDENTIFIED MALE (through translator): Your whole life runs before your eyes. I was desperate. Thought of my family a lot, and most of all, that my son would be left without a father.

UNIDENTIFIED FEMALE (through translator): I think there couldn't have been any other solution.

UNIDENTIFIED MALE (through translator): What they did, our president and our special forces, was the most effective at the moment. The terrorists were losing patience. People were getting out of their seats. The fighters were already threatening to use their bombs. What do you call them? The suicide bombers were ready to go off. There would have been a huge explosion, and that would have finished everything.

UNIDENTIFIED MALE (through translator): The tragic events in Moscow were the main topic of today's conference in Kremlin. President began the meeting with the members of the Cabinet of Ministers.

PRES. VLADIMIR PUTIN, RUSSIA (through translator): The tragic events ended, but the questions are still many. We paid a heavy price for the weakness of the country, and for inconsistency. I also want to note and stress, Russia will not negotiate with terrorists and will not be blackmailed.

International terrorism expands and becomes more and more cruel. Anywhere in the world, the constant danger of terrorism is clear and present, and could grow bigger with weapons of mass destruction. With full responsibility, I would like to say that whoever attempts to use such weapons against our country, then Russia will respond with measures adequate to the danger upon the Russian Federation. And every place that harbors terrorists, organizers of such crimes, their ideological and financial mentors, I repeat wherever they might be.

(END VIDEOTAPE)

BROWN: That's their TV news, briefly from Russia tonight as they look at the hostage crisis.

A few stories now from around the world, beginning with the debate over Iraq. Negotiations continued today with the U.N. Security Council over a resolution. The United States did get some backing from the top U.N. weapons inspector, Hans Blix. Mr. Blix telling the Security Council they would be better off with a new resolution, warning of what Iraq might face if it does not cooperate with the inspectors.

Meanwhile, the president stepped up his pressure on the U.N., saying that Saddam Hussein, quote, "has made the U.N. look foolish," adding, "if the U.N. does not have the will or the courage to disarm Hussein, the United States will lead a coalition to disarm him." Something the president has been saying at just about every fund- raising stop he has been making for Republican candidates.

From Italy, Europe's most active volcano, Mt. Etna, sent rivers of lava flowing and ash flying as far away as Libya. Experts said the eruption posed no immediate danger to the towns and Hamlets on the mountain, but it sure looks like something, doesn't it?

Still ahead on NEWSNIGHT, seldom-seen views behind the scenes at the White House. We'll be right back.

(COMMERCIAL BREAK)

BROWN: Finally tonight, a classified ad. Wanted: presidential biographer. Must capture the essence of the commander in chief and vividly convey the same to millions of people. Will enjoy nearly unlimited access to the president, staff and family. Ideal candidate will say little and hear less, but see everything. Verbal skills not required. Visual skills, a must. For 20 years, Diana Walker held such a position, she is a White House photographer for "Time" magazine, one of the best, and the author of "Public and Private: 20 Years of Photographing the Presidency." We'll let her and, of course, her pictures, tell the rest of the story.

(BEGIN VIDEOTAPE)

DIANA WALKER, WHITE HOUSE PHOTOGRAPHER: The pictures in the book are the best that I could put in the book to bring you, kind of, into the last 25 -- 20, 25 years of White House activity. What I wanted to do was show you a little bit more about the human myth, about the humanity of the occupants of the White House. I have always believed that being able to show the presidents behind the scenes, away from the lights and the microphones, away from the production, away from the official ceremony is really, really important, and it's important to knowing the character of the people who lead our country. I went behind the scenes -- when we were granted the opportunity, I'd be in the room for a minute or a minute and a half, and my job was to see something going on in that room, to show you something about the character of the president. I came upon the president and the vice president saying grace over their table before lunch. Now, you can't -- that's not a photo op. This is who these people are, and I think that is very important for people to know.

UNIDENTIFIED MALE: How are you feeling?

WALKER: The Reagan administration was a lot of fun to photograph. President Reagan was very comfortable with the camera, as was Mrs. Reagan, and there was an enormous amount of effort put into making the photo op look great. On the 100th anniversary of the Statue of Liberty, Mrs. Reagan went up into the crown of the Statue of Liberty, and we helicoptered straight up to outside the crown of the Statue of Liberty to take a picture of her waving out the window. Well, I mean, that was some photo op.

All the presidents have been wonderful to photograph. I have a bunch of my favorite pictures on the wall, some of which are in the book. Reagan and the queen has been a favorite of mine since I took -- I was lucky enough to get the picture.

I think the hear the hear no evil, see no evil is a very unusual picture. All of a sudden, the president looks around and says, Look at us all sitting here in a row. We kind of look like those monkeys, hear no evil, see no -- and suddenly, right in front of my camera, they did that.

They covered their eyes, they covered their ears, they covered their mouths, and I couldn't believe it. I think it shows an awful lot of humor in these people, and I think it is terrific. Half of the book, the pictures haven't been seen before, and I wanted to show you what I saw and give you sort of a special look at the White House, its public side and its private side, and it was very satisfying to me to put it all together and sort of say, OK, here, this is your life, Diana, and you're going to share it, and that's what it's all about.

(END VIDEOTAPE)

BROWN: Nice pay off for staying until the end tonight. We will see you tomorrow at 10:00 Eastern. Good night for all of us at NEWSNIGHT.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Likely to Replace Wellstone in Minnesota Senate Race>


Aired October 28, 2002 - 22:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
AARON BROWN, HOST: And good evening, again, everyone. It may be the oddest race we've ever seen, the race going on to see which state -- or perhaps it will be the federal government -- can be the first to try, sentence and execute the two sniper suspects.
Maryland struck first, filed the first charges out of Montgomery County, arguing that most victims came from there, so Maryland should get first crack. This sits none too well with Virginia, which argues it has the most experience prosecuting death penalty cases, including those involving juveniles, so it should really go first. Judicial economy, one official argued. Of course Alabama wants in as well, and the Feds are expected to weigh in tomorrow.

Believe me, this is not an argument about the death penalty, it's about decorum. No one has so far explained to me why in the end it really matters who gets first crack. If these guys are the snipers, they should stand trial everywhere they killed and answer for every life they claimed, every single one.

Economy is the last issue we should be concerned with. That is something the families and their victims, of course, deserve.

What the victims and their families don't deserve is a bunch of politicians and prosecutors turning this into a circus, acting as if it was an opportunity to score points with viewers and voters. And sadly, you can almost smell the peanuts and the cotton candy already.

On to The Whip, and the sniper case again begins it all. Jeanne Meserve is in Washington tonight. Jeanne, a headline from you, please.

JEANNE MESERVE, CNN CORRESPONDENT: We all saw pictures of the Chevy Caprice when suspects in the sniper case were arrested very early last Thursday morning. But some people believe they saw the car much earlier in the killing spree, and they say they were largely ignored by investigators -- Aaron.

BROWN: Jeanne, thank you.

And the latest from that terrible scene in Russia. Dozens dead after a hostage crisis in Moscow. Tough questions for the Russian government. Matthew Chance has that story tonight. Matt, a headline from you, please.

MATTHEW CHANCE, CNN CORRESPONDENT: Aaron, a growing outcry here in Russia over the use of a mystery gas by the Russian forces to bring to an end that dramatic siege in the Russian capital. A day of mourning has been observed, but the death toll amongst the freed hostages threatens to rise.

BROWN: Matthew, thank you. Good to have you with us tonight. And back with both of you shortly.

Also coming up, the death penalty, a very big issue in terms of the sniper case. We'll talk with novelist and attorney Scott Turow about that and the controversial clemency hearings that have been going on in Illinois for death row inmates. Mr. Turow was on the commission in Illinois that examined the fairness of the death penalty there.

And the tragedy that has thrown all bets out in one Senate race, in a year when one Senate race could mean everything. Candy Crowley tonight on what now for both sides after the death of Minnesota Senator Paul Wellstone.

And the presidency captured through the lens. Very telling moments as shot by White House photographer Diana Walker. All that and much more tonight as we start a new week with the legal tug of war over John Muhammad and John Lee Malvo.

Tonight, prosecutors from seven jurisdictions want a piece of them for the sniper shootings. Seven plus the federal government, which may well get into the act tomorrow. There's the potential for capital cases in nearly every jurisdiction, and a race that seems to be the first to convict.

Right now, the Feds have Malvo and Muhammad, which, in the end, may be decisive. But for now, no one has decided anything.

Here's CNN's Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE DEPARTMENT CORRESPONDENT (voice-over): Four counties in Maryland and Virginia have already filed charges in the sniper case against John Allen Muhammad, and the 17-year-old, John Lee Malvo.

PAUL EBERT, PRINCE WILLIAM COUNTY PROSECUTOR: Personally, I don't care who tries them first. I do believe Virginia is in the best position to obtain the death penalty.

ARENA: In Virginia, the two men are facing death penalty eligible charges of murder. Sources say even if it can't be proved that Malvo was a triggerman, there is a new terrorism statue that prosecutors may try to apply. In Maryland, a death penalty sentence is less certain.

Under charges already filed, Muhammad faces the death penalty in Maryland, but because Malvo is a minor, he does not. According to federal sources, the death penalty is key to which jurisdiction is likely to try the men first. And those sources say Maryland is not likely to be chosen. DICK THORNBURGH, FMR. U.S. ATTORNEY GENERAL: There seems to be a growing consensus among law enforcement officials and, I might add, among the general public, that if the death penalty is to be utilized, this is the kind of case that it ought to be reserved for. Where there's a willful, premeditated killing.

ARENA: But six of the ten people killed were shot in Montgomery County, Maryland. Officials there say there are compelling reasons they should have the first crack.

DOUGLAS GANSLER, MONTGOMERY COUNTY PROSECUTOR: Our community, Montgomery County, was disproportionately affected by these shootings, and we feel we need to begin the healing process as soon as possible.

ARENA: The two men remain in federal custody. And Justice Department officials say that gives them the right to decide which jurisdiction goes first. Justice sources also say federal charges could be filed that would rope all the cases together under an extortion charge that includes murder. A move some critics dismiss.

MARK HULKOWER, FMR. FEDERAL PROSECUTOR: What this case is about murder. It is not about extortion or anything like that. And these cases should be tried as murder cases.

ARENA: Sources say a course of action could be decided as early as Tuesday.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

BROWN: A bit of hindsight now along with the usually caveat. Everything looks obvious after the fact. With that said, there are questions tonight about why one why eyewitness' account got so little attention from the sniper task force, even though he told local police what he saw and even though they acted upon it.

Here again, CNN's Jeanne Meserve.

(BEGIN VIDEOTAPE)

MESERVE (voice-over): October, 3, Pascal Charlot was gunned down on a D.C. street. The sixth person killed in the sniper attacks. Witnesses in a parking lot around the corner heard the shot and saw a car parked on the street; a car with a clear line of sight to the victim.

KARL LARGIE, SHOOTING EYEWITNESS: I saw a car moved off from behind these trees here and it just moved off slowly without the lights on.

GAIL HOWARD, SHOOTING EYEWITNESS: It was an older model. I didn't see the car. I know it was dark colored and it looks like an old police car. That's what I know. He later told me it was a Caprice, because he knows cars. MESERVE: Based on the information gathered here in the days after the shooting, the D.C. police put out a teletype to all local law enforcement to look out for an older model Chevrolet Caprice or a vehicle of similar style, burgundy colored, four door with dark tinted windows. But the task force continued to look for a white truck or white van, never following up with the witnesses or the detective who took their report.

Though Largie says he approached investigators at the scene, with his theory that the shooter had to be inside the car.

LARGIE: They did not seem interested or in any way wanted to hear. I mean, they didn't really look interested.

UNIDENTIFIED FEMALE: They came in through the store to buy food, but nobody ever asked us anything, you know nobody ever asked us anything.

MESERVE: The head of the sniper task force was asked this weekend why the report of the Caprice got so little attention.

CHIEF CHARLES MOOSE, MONTGOMERY COUNTY POLICE DEPARTMENT: And I was also somewhere in the investigation told that we had located that, that it had been somehow abandoned.

(END VIDEOTAPE)

MESERVE: D.C. detective Anthony Patterson (ph), who issued the lookout for the Caprice said "Moose got some bad information." He says an abandoned burned out car was found just days after the lookout was issued, but he checked it out himself and says it was not the vehicle seen near the shooting. It wasn't even a Chevy. His witnesses are convinced they have seen the Caprice again in news footage from the scene of Thursday morning's arrest -- Aaron.

BROWN: In fairness to all hands, they were getting hundreds of if not thousands of tips.

MESERVE: They were getting thousands of them, as many as 70,000 into the FBI tip line. But here we had an instance where a lookout was put out by a police agency, one that was involved in this task force. We tried to reach the Montgomery County task force today to get more explanation for why they hadn't looked at it. Didn't get a call back from them. As for Detective Patterson (ph), he says he just doesn't quite understand what happened to it. He thinks it must just have gotten lost.

BROWN: Jeanne, thank you. Jeanne Meserve in Washington for us again tonight.,

To the Middle East next. Security now being tightened after the killing of an American diplomat in Jordan. Until recently, Jordan would have been the last place to expect trouble. The kingdom is an ally; King Abdullah a friend. His police (ph) have successfully cracked down on al Qaeda and other terrorist groups in the past.

Violence has been the exception not the rule in Jordan until this morning. Here's CNN's Jerrold Kessel.

(BEGIN VIDEOTAPE)

JERROLD KESSEL, CNN CORRESPONDENT (voice-over): The 60-year-old U.S. diplomat was gunned down at his house in the sedate Amman neighborhood. 7:20 in the morning he was just preparing to get into his car to drive to work when the gunman struck. Laurence Foley died on the spot. Eight bullets from a seven-millimeter pistol at close range.

The assailant made his get away as Foley's shocked wife, Virginia, discovering the body in their driveway, alerted Jordanian police. No claim of responsibility, but plenty of shock in a place long regarded as one of the Middle East's safest capitals.

Olive trees dominate the front yard of the Foley residence. This is the first killing of a Western diplomat in Jordan. No security either, and the shock is compounded by the fact that Laurence, Larry Foley, was universally regarded by colleagues as a man who only wanted to help others.

UNIDENTIFIED MALE: Larry represents the very best in America. A man dedicated to his country and to helping other people. Larry was beloved in this community. He and his wife, Virginia, loved Jordan.

KESSEL: U.S. Ambassador Edward Ghanem (ph) choked back tears as he recalled Foley's service that went back to the 1960s in the U.S. Peace Corps in India. But, as people called at the house to pay condolences, the ambassador was not willing to be drawn in any way whatsoever with regard to motive or the possible identity of the assailant.

UNIDENTIFIED MALE: At this point of time we're not making any assumptions.

KESSEL: As the cleanup was continuing, the Jordanian hierarchy from King Abdullah down expressed condolences. Jordanian leaders called it an isolated incident not reflective of the mood in their country.

There is now security at the Foley house, with the U.S. embassy and Jordanian officials said to be cooperating intently in trying to track down the killer and his possible accomplices. Jordanian leaders pledged that they would do so.

(on camera): But the concern goes beyond the attack itself, because what is being exposed here is the fragility of the situation of Jordan, a key U.S. ally in the region at what is a very volatile time in the Middle East.

Jerrold Kessel, CNN, Amman.

(END VIDEOTAPE)

BROWN: About 30 more detainees arrived at the U.S. naval base in Guantanamo Bay in Cuba today. Who they are, where they're from, the Pentagon is not saying tonight. Their arrival brings the number of detainees to about 625. That's 625 people from more than 40 countries being held for what they did, what they know or the threat they posed. Over the weekend, four prisoners were released to their home nations after it was determined they didn't fall into any of those categories.

On to Moscow next. Tonight, scores of people remain hospitalized, some recovering from the gas used to free them from the Chechen hostage takers on Saturday morning. Some are dying from it. At least 117 people already have.

Tonight, the U.S. embassy is Moscow says it has located what might be the body of one of the three American hostages. Meantime, the families of the dead are asking all the questions you would imagine about why the rescue effort went the way it did and why the price was so high. Of course, in fairness, they would also be asking tough questions if their captors had made good on their threats to blow everyone up in that theater.

Here is CNN's Matthew Chance.

(BEGIN VIDEOTAPE)

CHANCE (voice-over): For a city still in shock, time to grieve its bitter loss. Thousands came to pay their respects of the scene of the dramatic hostage crisis, now a place of memorial for the dead. Relief that followed the storming of the theater by special forces has turned to dispair.

"Please god, tell me why you punished all these people," cries this woman. "I have been praying for the health of the survivors, and we will remember all those who died forever." But other people's grief is little comfort to the relatives of the hostages killed or the hundreds still hospitalized. And admissions by the authorities that most hostage deaths were caused by their own military's use of gas has angered already anxious families. Tight official control mean some still don't know if their loved ones are dead or alive.

UNIDENTIFIED MALE (through translator): I came here to find out where my daughter is. I know that her friend who was with her is in this hospital. I am trying to ask them where my daughter is, but they will not answer.

UNIDENTIFIED FEMALE (through translator): The horror is not over for us yet. We will be able to come down when we have seen her alive. She is so young, just 21 years old, a student.

CHANCE: The operation to storm the theater where Chechen rebels were holding hundreds of people was initially hailed as a success. Hostages were brought staggering out of the auditorium, delirious from the effects of the knockout gas pumped in moments before.

Doctors warn the death toll of those freed could rise further. There are as many as 200 people still in intensive care.

(on camera): There are so many questions still to be answered here. Not least, what kind of potent gas was used that caused such a heavy loss of innocent life. The Russian authorities say they had to act or the tragedy would have been much worse. But there is undeniably a dark cloud hanging over their success.

(voice-over): Still, survivors well enough to leave their hospital beds say the use of this deadly gas was a life saver.

UNIDENTIFIED MALE: I think without it, everyone would be dead. Every hostage would be killed. This gas was maybe not the clear win of our forces, but it was really the win.

CHANCE: But for many others who have lost friends and family, victory may have come at too high a price.

(END VIDEOTAPE)

CHANCE: What exactly this chemical agent is that was used by the Russian special forces has not been revealed. (UNINTELLIGIBLE) by the Russian authorities has been described variously by officials as a sleeping gas or as a special substance. There's a lot of speculation around about what it could be.

One line of speculation saying it could be some kind of anesthetic meant for medical use. Another line of speculation say it could be some kind of Cold War era nerve agent that was never meant to be deployed in such a confined space. Whatever the truth, it has turned out to be extremely deadly in these circumstances, Aaron.

BROWN: Well, the truth eventually comes out in these sorts of things. When asked why they won't tell what kind of gas it is, what does the Russian government say?

CHANCE: Well the Russian government is saying that this was a military operation and they're saying that, as such, the actual tactics, the details of what they did, should be kept a military secret. Of course, not many people are accepting that explanation. They believe that what could have happened here is Russia used some kind of banned substance.

Remember, Russia, like many countries in the international community, has signed up to an anti-chemical warfare treaty back in 1993. There is some speculation that the Russians, in using this gas, may be in breach of that.

BROWN: Matthew, thank you. Matthew Chance in Russia tonight for us.

A little later in the program we'll take a look at their news, Russian TV news to see how they're reporting the story.

Also ahead on the program, author Scott Turow joins us. He has written a novel about the death penalty, but he has also been involved in the state of Illinois' review of death penalty cases.

And up text, a dramatic, stunning acknowledgment by a Catholic bishop about what he knew of a troubled priest. This is NEWSNIGHT on CNN. (COMMERCIAL BREAK)

BROWN: Trying to imagine how, say, a high school principal would react after finding out that a teacher was openly advocating pedophilia. We suspect that teacher wouldn't be allowed back in the building, let alone in the classroom.

Think about that while thinking about this next story. That at least one corner of the Catholic Church, knowing that a priest supported pedophilia, did not get the priest removed. It did not even stop him from being promoted. This latest chapter revealed today a sworn statement by Bishop Thomas Daily of Brooklyn in the now infamous case of Father Paul Shanley.

The story from CNN's Michael Okwu.

(BEGIN VIDEOTAPE)

MICHAEL OKWU, CNN CORRESPONDENT (voice-over): Bishop Thomas Daily was vicar general of Boston's archdiocese, serving as number two under the cardinal when he made Reverend Paul Shanley acting pastor of St. Jean's (ph) parish in Newton, Massachusetts.

UNIDENTIFIED MALE: Didn't you have some concerns about that?

BISHOP THOMAS DAILY: I would say I had some concerns, but keep in mind that, if I'm not mistaken, there were no calls, complaints, evidence of actions by him in regard to this whole field. That it was all ideas, it was all him making big speeches, for which he needed a kick in the pants, if you don't mind my saying. But he was all ideas and he was promoting these ideas and -- but no action.

OKWU : Shanley was indicted in June for raping and molesting four boys when he served at St. Jean's (ph) in the early 1980s. The taped deposition was taken in August in connection to a civil suit filed by the four. Daily promoted Shanley, despite a parishioner's claim that she overhead Shanley saying sex between children and adults was the child's fault. And despite knowing Shanley had attended a meeting of the North American Man-Boy (ph) Love Association.

UNIDENTIFIED MALE: You also knew in 1983 that someone who might express their endorsement of love man-boy (ph) love relationships might also be someone who could be considered a threat to children. Is that correct?

DAILY: He might.

UNIDENTIFIED MALE: But you went ahead and appointed him despite the fact that you had information before you that suggested that Paul Shanley had attended and quite possibly endorsed the views of the man- boy (ph) organization.

DAILY: Correct.

UNIDENTIFIED MALE: And you regret that?

DAILY: I regret that.

RODERICK MACLEISH, VICTIM'S ATTORNEY: So the question is, why did this happen? Why was Paul Shanley the person elevated by Bishop Daily in 1983 to this position where he would have completely unrestricted access to children?

UNIDENTIFIED MALE: He is taking some of the blame and what can he do? If we all had 20/20 hindsight, would we have done half the things we've done.

OKWU: Over recent months, as public outcry over the sex scandals increased, Daily has done damage control. In March, sending a letter to the faithful of the Brooklyn archdiocese. "I acted in good conscience," he wrote, "with the knowledge gained from consultations. But in hindsight, I profoundly regret certain decisions."

(on camera): Through a spokesperson, Bishop Daily said the tape speaks for itself. He recently offered his resignation to the Vatican. At 75, that's standard procedure.

Michael Okwu, CNN, New York.

(END VIDEOTAPE)

BROWN: A few other stories to fit in here before we go to break, beginning with the deadly shooting in Tucson, Arizona. Police say a student at the University of Arizona college of nursing shot and killed two professors before killing himself, and then later found another professor dead in her office. The student, Robert Flores (ph), was said to have been struggling with his studies.

On to the murder case of Robert Blake. His lawyer, Harland Braun, is quitting. He says the TV star has "an emotional need to do a TV interview that could harm his case." Diane Sawyer is set to do the interview with Robert Blake on Friday.

And we can only imagine what the singing cowboy Gene Autry would be thinking right about now. His beloved Anaheim Angels, Los Angeles Angels, they had all those names, are World Series champs tonight. President Bush congratulated the Angels by telephone from Air Force One today. Fans now need to rest up for the big victory parade come tomorrow in Anaheim.

As NEWSNIGHT continues, we'll see what America's presidents really do in their unguarded moments.

And, up next, the author Scott Turow on the fact and the fiction of the death penalty. This is NEWSNIGHT from New York.

(COMMERCIAL BREAK)

BROWN: It may turn out that the sniper case changes again the way Americans view the death penalty. Over the last couple of years it has become clear that innocent people have been convicted of capital crimes. And as that became clear, support for the death penalty has eroded some. Not so much that a majority are opposed, but the shift was there.

Scott Turow, the lawyer and the novelist served on the Illinois commission that looked into the death penalty in that state and made recommendations on how to change the system to ensure that no innocent person is ever put to death. He joins us tonight to talk about the ultimate penalty, both real and fictional. His latest novel, "Reversible Errors," has the death penalty as a backdrop. It's nice to have you here.

SCOTT TUROW, ATTORNEY: Thank you.

BROWN: The book just out?

TUROW: The book is actually in the stores tomorrow.

BROWN: Have you been thinking -- well, I want to get to the real stuff in a second. But have you been thinking about writing a death penalty book for a while?

TUROW: As a lawyer -- I still practice law -- and as a lawyer I have been involved in capital cases since 1991. So, I had started to write this book when I was appointed to the capital punishment commission in Illinois, and I continued to do it with the blessings of deputy governor and the governor.

BROWN: Do you get a sense that the sniper case has kind of jolted the debate on the death penalty again?

TUROW: Sure. And I mean there are always celebrated and hideous crimes that marshal, understandably, the passions in favor of capital punishment. This is a subhuman crime.

BROWN: Yes.

TUROW: And it's unimaginable, and people understandably and even rightly feel that some kind of ultimate punishment has to be visited on these people just to symbolize how awful the crime is.

BROWN: Do you think in some respects that the clemency hearings -- I think they ended today in Illinois...

TUROW: It did.

BROWN: ... that have been going on had the same effect by highlighting a reality that most of the people who are convicted of murder are, in fact, murderers?

TUROW: Yes. And it's far and away the worst crime. And certainly the governor walked into -- probably knowingly walked into a public relations trap. By statute, you have to have the opportunity for hearings before the prisoner review board before you can grant any form of clemency. And the prosecutors in the state used it as an occasion to conduct a very effective and very appropriate, from their perspective, public relations campaign, pointing out how horrible many of these crimes were.

BROWN: What's the governor going to do? Do you have a clue?

TUROW: I don't have a clue. My suspicion is that the governor is going to commute some sentences because some sentences were infected by the kinds of problems that were identified by the commission on which I stand.

BROWN: Will you talk about that for a minute on the problems and at least the solutions that the commission proposed?

TUROW: Sure. You know, one of the things that's at the heart of reversible errors is the problem of false confessions. And the commission recommended the videotaping of the full interrogation of a suspect.

In other words, once somebodies enters a station house and is known to be the focus of an investigation, the videotape cameras ought to start rolling. Needless to mention, a lot of people in the police community -- not all, by the way -- including the superindentent of the Chicago Police Department. But many are opposed to that.

Another problem is eyewitness identifications. I -- when I was a prosecutor, I used to think that was a best evidence conceivable. Turns out that people under the stress of witnessing a crime do not see or recollect most of the details.

So, that's been another area where we've recommended reform of the sort of protocols for identifying witnesses.

Another problem, and the sniper case, awful as it was, is an example of it, is tunnel vision. Generally speaking, police when they're investigating, tend to take the first information they get and treat it as gospel. It's a baseline.

And so the angry white man in a white van is who they were looking for and you ran a piece this evening on how other leads were not investigated.

And, you know, we have tried to -- we recommended educating police officers so they're aware of this tendency.

BROWN: Of all the things you can do, that's a tough one.

TUROW: It's very tough.

BROWN: The book is just getting into book stores now, I gather.

TUROW: Tomorrow.

BROWN: They've all been terrific books for me. I'm -- I find them a great way to get from one coast to another on an airplane.

TUROW: Bless you. Thank you.

BROWN: Bless you for coming in. It's nice to meet you finally.

TUROW: Thank you, Aaron. It's great. BROWN: Thank you. Scott Turow with us tonight.

Later on the program, we'll look at amazing pictures of presidents in their unguarded moments.

Up next, how the death of one senator could change who controls the Senate. It's a busy Monday night here. This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: When we come back, a new charge now in the sniper case, literally now just coming in. We'll give you that and a look at politics and more. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: Late developments to bring you in the sniper case tonight. Suspect John Allen Muhammad is now being linked to two more crimes. An unsolved murder back in February, the shooting death of a 21-year-old woman whose aunt worked for Muhammad's auto repair business. Also, a shooting incident at a Tacoma, Washington synagogue. You'll that he lived in the Tacoma area for a time. That took place -- took place, rather, in the spring. No one was hurt in that case, but Washington authorities now looking at those charges.

Politics now. We were thinking about something the late Hubert H. Humphrey once said, the former vice president and the legendary Minnesotan said: "It is not what awaits me that counts, it's what you do with what you have left." It speaks to the challenge facing the Democrats of today in Minnesota and Washington forced to find a new candidate after the death of Senator Paul Wellstone on Friday.

In an election year where just one seat could shift the balance of power, it's expected that another Minnesota legend, Walter Mondale, will take up the challenge his party and Senator Wellstone's family has asked him to do so.

A one week campaign against a tragic backdrop. Here is CNN's Candy Crowley.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN CORRESPONDENT (voice-over): A flag-draped desk, flowers and moment of silence on the Senate floor.

UNIDENTIFIED MALE: Tribute to Senator Wellstone and his family.

CROWLEY: Death, especially when unexpected, stops everything for a while. Everything except time.

Paul Wellstone was killed Friday. There is a public memorial service tomorrow evening. Five days of standstill in a grieving Minnesota. Five days closer to Election Day.

Which brings us to Norm Coleman, Wellstone's opponent. NORM COLEMAN, (R-MN), SENATE CANDIDATE: Give me two more days. Let me -- let me go through the process that you need to go through. It's part as human beings, we need to go through a grieving process, a healing process and then do move on.

CROWLEY: Moving on may begin Wednesday, when Walter Mondale is expected to agree to take Wellstone's place on the ballot, which means less than a week before the elections, Coleman must face both a wave of sympathy for Wellstone and a Minnesota icon.

COLEMAN: I'm not going to comment much on Walter Mondale. You asked me, What do I think of Walter Mondale? I think he's a great man.

CROWLEY: The Republicans are heartened by weekend polls showing a dead heat Coleman-Mondale race. It will not be easy, Democrats will see to that.

SEN. HARRY REID (D), NEVADA: Couldn't they keep their polls quiet until after the man is buried? I just think this is so out of -- this is classless.

CROWLEY: Two years ago, John Ashcroft, now the attorney general, was in a tight rage for Missouri Senate when his opponent, Mel Carnahan, died in a small plane crash. Like Coleman, Ashcroft suspended his campaign. But when he resumed, he could not find the sweet spot between respecting Carnahan's memory and winning votes.

Missourians took their grief to the polls. Carnahan became the first dead man elected to the Senate. His wife now holds the seat.

Now Norm Coleman walks into this quicksand mix of grief and politics, where even the simplest question might sink him.

JUDY WOODRUFF, CNN ANCHOR: Can you beat Walter Mondale?

COLEMAN: I -- again, without -- I want to stay away from it right now, But do I want to win? Yes. Do I think I can win? I worked hard for this. But you know something, Judy? I have to tell you right now, it's an election on November 5. It is just an election.

CROWLEY: There is nothing like perspective.

Candy Crowley, CNN, Washington.

(END VIDEOTAPE)

BROWN: A little more on this tonight. We're joined from Washington Ron Brownstein, CNN political analyst, reporter for the "L.A. Times.

And in Minneapolis, Laura McCallum, political reporter for Minnesota Public Radio.

Good to have you both. Laura, I was doing the math, I think you have to be about 55 years old to have voted for Walter Mondale. Does he still have that much cache in the state?

LAURA MCCALLUM, POLITICAL REPORTER, MINNESOTA PUBLIC RADIO: Well, he's very well respected, but he was last -- like you said, he was last on the ballot in 1970, so there's a whole generation of people that certainly have never voted for him.

The name is well known but some people may know his son, Ted, better than they know him.

BROWN: So what's -- because his son ran for, what? Governor?

MCCALLUM: Ran for governor four years ago but was defeated in the primary and that was, of course, when Jesse Ventura won.

BROWN: And, so what's the buzz out there? Is it slam dunk -- is it seen as a slam dunk for the Democrats?

MCCALLUM: No. I think it's a slam dunk that Mondale will get the nod. But I hear mixed things. Certainly Democrats think he is their best shot at continuing to keep the seat, but, you know, it's going to be the past versus the future, as Republicans put it, and it will be a hard fought battle.

BROWN: And Ron, what's the buzz you're hearing? Democrats pretty confident that Mondale will somehow walk away with this, right?

RON BROWNSTEIN, CNN POLITICAL ANALYST: Well, they're confident that he will accept the nomination to replace Wellstone Wednesday. I think they feel they have an advantage here, both because Mondale is so well known, because -- secondly, because there will be very little time for Coleman and Republicans to raise issues about Mondale that might have been more debilitating in a long campaign, some of his views over the years, and third because there will be obviously a wave of sympathy for Wellstone and a desire, I think, at least on the part of some voters to memorialize him by supporting his successor.

You saw two different strategies being emerged today, Aaron. The Democrats, I think, want to make this campaign as much as possible a testimonial to Wellstone. Republicans want to make it a race between Coleman and Mondale, and to focus on issue differences between them, because they realize they can't win against, in effect, the ghost of a senator who was very well liked even by those who didn't agree with him.

BROWN: Well, I think he once taught me to follow the money, so tell me where the Republicans are putting their money right now? Are they pulling it out of Minnesota and sending it to Georgia, for example, or Missouri, for example?

BROWNSTEIN: This is very interesting. The Democratic Senatorial Campaign Committee, which has been spending heavily to criticize Norm Coleman said today that it is out of Minnesota for the duration. It will not be spending again. There is a conservative group, American for Job Security, that has been spending heavily in Minnesota to criticize Paul Wellstone -- they say they're out for the duration. They're not getting back in. But the National Republican Senatorial Committee has pointedly refused to make such a pledge and has left open the possibility, and I think the indications are that they may well be in the state before the end, with compare and contrast ads between Mondale and Coleman, because they need those issues to work for them. They don't want to run against either the aura of Mondale or the legacy of Wellstone.

BROWN: Well, they better move quickly, because there's only a week to go.

Laura, give us a sense of what the next couple of days are like there?

MCCALLUM: Well, we won't -- we're going to have, obviously, the tribute to Senator Wellstone tomorrow night, a big public memorial service. Thousands of people. The campaign will begin in earnest on Thursday, but I think the tone will be much different than before Senator Wellstone died. It was nasty before then. We had probably $20 million being spent on this race, and now I think it's the tone will be much kinder and gentler. We won't see the negative attacks.

BROWN: Ron, in just 30 seconds or so, there was -- I saw a piece the other day suggesting that the tide had shifted a little bit towards the Democrats in the Senate. A, do you agree with that, and B, why?

BROWNSTEIN: Democrats are more of a state-by-state thing, Aaron. When Lautenberg is the other half of "That '70s Show" for the Democrats, replaced Bob Torricelli, that state moved towards the Democrats, which really helped them, and also in Arkansas, Democrats have felt that they have an advantage in a Republican-held seat.

You really have about six races left, three Republican-held seats -- Colorado, New Hampshire and Arkansas. The Democratic seat in Missouri, South Dakota and Minnesota, they are the top tier here. And if the Democrats can hold Minnesota and take Arkansas, they put a lot of pressure on Republicans to sort of thread the needle to get to the 50-50 tie.

BROWN: Ron, Laura, thank you both. And Ron, particularly, I know we'll be talking to you again as the week goes on. Thank you. Laura, thanks for your help tonight.

MCCALLUM: Thank you.

BROWN: Ahead on NEWSNIGHT, a fascinating look behind the scenes at the White House through the lens of photographer Diana Walker. Up next, the Russian view of the hostage story. "Their News" tonight. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: "Their News" tonight comes from Russia. The whole idea of "Their News" is to see not just how a story, in this case the hostage rescue, is being covered, but to see if that coverage is different in tone and substance from the coverage provided by outsiders, for lack of a better term.

In this case, it seems the answer is yes. While the Russian papers are full of the debate over the tactics used to end the standoff, Russian TV focused on something else. "Their News" tonight comes from Russia's Channel 1.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE (through translator): One hundred seventeen perished in the theater siege. Today, a day of mourning in Moscow. Hundreds of citizens came with flowers to the site. Inside the theater, investigators continued their work. They're accompanied by explosives specialists, just in case they come across suspicious objects.

A little later in our program, we'll show you how those experts work.

Today, we managed to get a crew at the site where hostages were kept for almost 60 hours. Meanwhile, many of the hospitalized hostages are gradually getting better. Most of the already released are avoiding communicating with journalists, while some want to share their experiences.

UNIDENTIFIED MALE (through translator): Your whole life runs before your eyes. I was desperate. Thought of my family a lot, and most of all, that my son would be left without a father.

UNIDENTIFIED FEMALE (through translator): I think there couldn't have been any other solution.

UNIDENTIFIED MALE (through translator): What they did, our president and our special forces, was the most effective at the moment. The terrorists were losing patience. People were getting out of their seats. The fighters were already threatening to use their bombs. What do you call them? The suicide bombers were ready to go off. There would have been a huge explosion, and that would have finished everything.

UNIDENTIFIED MALE (through translator): The tragic events in Moscow were the main topic of today's conference in Kremlin. President began the meeting with the members of the Cabinet of Ministers.

PRES. VLADIMIR PUTIN, RUSSIA (through translator): The tragic events ended, but the questions are still many. We paid a heavy price for the weakness of the country, and for inconsistency. I also want to note and stress, Russia will not negotiate with terrorists and will not be blackmailed.

International terrorism expands and becomes more and more cruel. Anywhere in the world, the constant danger of terrorism is clear and present, and could grow bigger with weapons of mass destruction. With full responsibility, I would like to say that whoever attempts to use such weapons against our country, then Russia will respond with measures adequate to the danger upon the Russian Federation. And every place that harbors terrorists, organizers of such crimes, their ideological and financial mentors, I repeat wherever they might be.

(END VIDEOTAPE)

BROWN: That's their TV news, briefly from Russia tonight as they look at the hostage crisis.

A few stories now from around the world, beginning with the debate over Iraq. Negotiations continued today with the U.N. Security Council over a resolution. The United States did get some backing from the top U.N. weapons inspector, Hans Blix. Mr. Blix telling the Security Council they would be better off with a new resolution, warning of what Iraq might face if it does not cooperate with the inspectors.

Meanwhile, the president stepped up his pressure on the U.N., saying that Saddam Hussein, quote, "has made the U.N. look foolish," adding, "if the U.N. does not have the will or the courage to disarm Hussein, the United States will lead a coalition to disarm him." Something the president has been saying at just about every fund- raising stop he has been making for Republican candidates.

From Italy, Europe's most active volcano, Mt. Etna, sent rivers of lava flowing and ash flying as far away as Libya. Experts said the eruption posed no immediate danger to the towns and Hamlets on the mountain, but it sure looks like something, doesn't it?

Still ahead on NEWSNIGHT, seldom-seen views behind the scenes at the White House. We'll be right back.

(COMMERCIAL BREAK)

BROWN: Finally tonight, a classified ad. Wanted: presidential biographer. Must capture the essence of the commander in chief and vividly convey the same to millions of people. Will enjoy nearly unlimited access to the president, staff and family. Ideal candidate will say little and hear less, but see everything. Verbal skills not required. Visual skills, a must. For 20 years, Diana Walker held such a position, she is a White House photographer for "Time" magazine, one of the best, and the author of "Public and Private: 20 Years of Photographing the Presidency." We'll let her and, of course, her pictures, tell the rest of the story.

(BEGIN VIDEOTAPE)

DIANA WALKER, WHITE HOUSE PHOTOGRAPHER: The pictures in the book are the best that I could put in the book to bring you, kind of, into the last 25 -- 20, 25 years of White House activity. What I wanted to do was show you a little bit more about the human myth, about the humanity of the occupants of the White House. I have always believed that being able to show the presidents behind the scenes, away from the lights and the microphones, away from the production, away from the official ceremony is really, really important, and it's important to knowing the character of the people who lead our country. I went behind the scenes -- when we were granted the opportunity, I'd be in the room for a minute or a minute and a half, and my job was to see something going on in that room, to show you something about the character of the president. I came upon the president and the vice president saying grace over their table before lunch. Now, you can't -- that's not a photo op. This is who these people are, and I think that is very important for people to know.

UNIDENTIFIED MALE: How are you feeling?

WALKER: The Reagan administration was a lot of fun to photograph. President Reagan was very comfortable with the camera, as was Mrs. Reagan, and there was an enormous amount of effort put into making the photo op look great. On the 100th anniversary of the Statue of Liberty, Mrs. Reagan went up into the crown of the Statue of Liberty, and we helicoptered straight up to outside the crown of the Statue of Liberty to take a picture of her waving out the window. Well, I mean, that was some photo op.

All the presidents have been wonderful to photograph. I have a bunch of my favorite pictures on the wall, some of which are in the book. Reagan and the queen has been a favorite of mine since I took -- I was lucky enough to get the picture.

I think the hear the hear no evil, see no evil is a very unusual picture. All of a sudden, the president looks around and says, Look at us all sitting here in a row. We kind of look like those monkeys, hear no evil, see no -- and suddenly, right in front of my camera, they did that.

They covered their eyes, they covered their ears, they covered their mouths, and I couldn't believe it. I think it shows an awful lot of humor in these people, and I think it is terrific. Half of the book, the pictures haven't been seen before, and I wanted to show you what I saw and give you sort of a special look at the White House, its public side and its private side, and it was very satisfying to me to put it all together and sort of say, OK, here, this is your life, Diana, and you're going to share it, and that's what it's all about.

(END VIDEOTAPE)

BROWN: Nice pay off for staying until the end tonight. We will see you tomorrow at 10:00 Eastern. Good night for all of us at NEWSNIGHT.

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Likely to Replace Wellstone in Minnesota Senate Race>