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CNN Newsnight Aaron Brown

Prison Blamed for Allowing Geoghan Murder; Suit Challenges Alabama Monument Ruling; Pressure Mounts on Republicans to Drop Out of California Race

Aired August 25, 2003 - 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. Good to see you again.
You know what they say about religion and politics and staying away from both. We should know better. But it seems they're unavoidable in the program tonight.

The politics is relatively tame, relatively. The California recall and the shifting news of Californians.

The religion part is messier. There's the death of a child in Wisconsin, allegedly at the hands of a religious group. There is the battle which, in tone, at least, seems to grow uglier by the day, over the Ten Commandments monument in the Alabama state courthouse.

Religion is supposed to be, and mostly is, a force for good. You would never know that by the program tonight, which also includes the murder of a defrocked priest, a victimizer turned victim.

It's where we begin the whip tonight.

Jason Carroll is covering the murder of John Geoghan. (UNINTELLIGIBLE) -- Jason, rather, the headline from you tonight.

JASON CARROLL, CNN CORRESPONDENT: Aaron, Geoghan was murdered by a fellow inmate. Both men were in protective custody. Now there are questions about the prison's supervision policies. An investigation is under way, Aaron.

BROWN: Jason, thank you. Back to you at the top tonight.

The latest on the Ten Commandments fight in Montgomery, Alabama. David Mattingly's still there. David, a headline from you.

DAVID MATTINGLY, CNN CORRESPONDENT: Aaron, almost five full days since a federal judge says it's got to go, and the monument to the Ten Commandments hasn't gone anywhere. But there are signs that could soon be changing, Aaron.

BROWN: David, thank you.

Ahead of the shuttle report out tomorrow, Miles O'Brien sat down today with the head of NASA. So Miles, a headline. MILES O'BRIEN, CNN SPACE CORRESPONDENT: Aaron, NASA's boss admits the space agency just flat missed the signs of trouble which led to the demise of the space shuttle "Columbia." And that failing of NASA's safety culture will be the target of some very harsh criticism tomorrow as the shuttle accident board releases its report, Aaron.

BROWN: Miles, thank you. Good to have you with us tonight.

And the latest now on the California recall. Dan Lothian again in Los Angeles. Dan, your headline tonight.

DAN LOTHIAN, CNN CORRESPONDENT: Well, Aaron, one candidate is out, another is getting some help from two powerful New Yorkers. And the leading Democrat is surging ahead in this race, if you believe the polls, Aaron.

BROWN: Dan, thank you. Back to you and the rest shortly.

Also coming up on this Monday night, one city's solution to the soaring cost of prescription drugs -- buy them from Canada. Congress is now looking at whether to allow discount drug importation nationwide. There are powerful forces and arguments against it and for it. We'll look at both sides tonight.

A story of justice delayed for years now, in the case where an accused murderer fled to Mexico. We'll have a look at why Mexico will not hand him over, and why this is not an isolated case.

And around the world in two and a half minutes, give or take a few seconds, it is, of course, our nightly look at tomorrow morning's papers.

All that and more in the hour ahead.

We begin tonight in Massachusetts, with the murder of John Geoghan.

"He'll never hurt anyone again," said one of his victims today. "But," he went on, "he still had a lot of penance to do here on earth."

And, we might add, the authorities had responsibility for keeping him alive to do it.

Justice, as opposed to rough justice, demands it, even for a monster. So tonight, an investigation is under way. And already, much is coming to light about the circumstances of John Geoghan's demise, and the man who allegedly did him in.

We begin with CNN's Jason Carroll.

(BEGIN VIDEOTAPE)

CARROLL (voice-over): Prosecutors describe Joseph Druce as a man filled with a long-standing hatred of homosexuals, serving a life sentence for killing one. He was housed in the same prison unit as John Geoghan, a defrocked priest convicted of molesting a young boy.

Boston's district attorney says Druce had been planning the murder for more than a month, using a book, nail clipper, and toothbrush to jam Geoghan's cell door.

JOHN CONTE, WORCESTER DISTRICT ATTORNEY: The defendant tied Geoghan's hands behind his back with a T-shirt, threw him on the floor, took socks, which he had previously been stretching for some time, and used them to strangle.

CARROLL: The DA says Druce has confessed to beating Geoghan, then using a pillowcase to strangle the former priest, telling authorities getting him was a, quote, "prize."

(on camera): Both Geoghan and Druce were kept in the protective unit at the Susa-Berenowski (ph) Correctional Center. The questions are, why was Druce, a violent offender, kept in the same unit as Geoghan? And why was he able to get to Geoghan's cell so easily?

(voice-over): The Department of Public Safety, which oversees the prison, is conducting a review.

EDWARD FLYNN, MASSACHUSETTS DEPARTMENT OF PUBLIC SAFETY: We must find out why, and what lessons can be learned as a result of this incident.

CARROLL: This is the second prison facility where Geoghan has served in Massachusetts. The first, in Concord, he felt threatened by inmates and guards. That, according to a prison advocacy group, which represented him.

JIM PINGEON, MASSACHUSETTS CORRECTIONAL LEGAL SERVICES: There were guards who were urinating in his cell, guards who were defecating in his cell, guards who would shove him in the halls, an officer who would hand out newspaper articles about his crime. His nickname among the officers was Satan or Lucifer.

(END VIDEOTAPE)

CARROLL: We were unable to reach representatives from the Concord facility. Geoghan was obviously moved to the Susa facility, and he apparently told representatives who were helping him during this period of time, he said that he had hoped things at the new facility would be better, Aaron.

BROWN: And just briefly, the victims and the victims' groups in Boston have been saying what?

CARROLL: Basically, you get a lot of different emotions involved with this. But you get a lot of people who were hoping that Geoghan would still serve justice. There are still two criminal cases that are out there that were supposed to go to trial. Those will obviously now most likely be thrown out.

And, of course, there's still the pending civil settlement that's involved in the Geoghan case as well. So a lot of people wanted to see justice done in court. That obviously not going to happen now.

BROWN: Jason, thank you very much. Jason Carroll on the story tonight.

Alabama now, and a few numbers for you to consider. Ten Commandments, six charges of violating judicial ethics, one judge suspended on allegations of violating said ethics regarding said commandments, one three-ring circus, that goes without saying, of course.

And now one lawsuit too, filed on behalf of the judge. So if you're keeping score, the bottom line tonight is 21.

Here's CNN's David Mattingly.

(BEGIN VIDEOTAPE)

MATTINGLY (voice-over): Barricades were erected outside the glass doors of the Alabama Supreme Court Building, a possible precursor to the removal of the Ten Commandments monument. But the monument so far hasn't budged, giving hope to faithful supporters of Chief Justice Roy Moore.

CHIEF JUSTICE ROY MOORE, ALABAMA SUPREME COURT: Today I stand before the court of the judiciary not because I've done anything wrong, not because I've violated any law, because I've taken money, none of those things. I stand before the court of the judiciary because I've done my oath. I've kept my oath.

MATTINGLY: It was the first time Moore had spoken publicly since he was suspended from office after violating a court order to remove the monument he installed two years ago.

Meanwhile, 170 miles to the south, two people filed suit in federal court in Mobile, Alabama, claiming their constitutional rights would be violated if the monument is removed.

BRIAN CHAVEZ-OCHOA, PLAINTIFF ATTORNEY: In the event that it's moved before this court has an opportunity to hear this matter, that they be ordered to return it to the rotunda from which it is -- where it's currently in place and has been.

(END VIDEOTAPE)

MATTINGLY: And the Mobile judge has agreed to take a look at that case on Wednesday. The legal observers in Alabama say it is highly unlikely he will do anything to interfere with the judgment from the court here in Montgomery, Aaron.

BROWN: All right. So what makes us think, if anything makes us think, that the monument itself is about to be removed or may be removed any time soon?

MATTINGLY: Well, it has to be out of here by Friday, or else the plaintiffs will go back to court, saying it is time we start fining the state of Alabama. So we know that there is work going on to make sure this happens.

We saw the barricades go up today. The reason for that was to protect the public, just in case someone, for whatever reason, got too close to the glass doors later, and the glass decided to shatter. So they're thinking about security of the building, they're thinking about safety of the protesters out here, all precursors to the possibility that they're planning on moving this soon.

BROWN: And what is it that's going on behind you that has got people clearing and applauding?

MATTINGLY: This is something we've seen just about every night. I don't think you can get a very good look at it right now, because they're all standing in the dark. But a couple of hundred people gathered on the steps of the judicial building here. It is for the evening rally. Something we have seen going on here ever since the midnight deadline came and went last Wednesday.

And you can tell they're still fairly enthusiastic, even after being out on the hot sun, the hot, sweltering summer heat of Montgomery all day long, Aaron.

BROWN: David, thank you. And appreciation to your crew there for giving us the shot. We appreciate that too. Thank you. David Mattingly in Montgomery.

On to a very different story about the intersection of faith and the law. It comes from Milwaukee, Wisconsin, tonight. A church service that was intended to heal a young disabled boy ended in what the coroner is now calling a case of homicide. This is not the first of this sort of story we've reported on, probably will not be the last, but each time we're left with a nagging feeling that we know all the facts, and that the facts make no sense at all.

Here's CNN's Jeff Flock.

(BEGIN VIDEOTAPE)

JEFF FLOCK, CNN CORRESPONDENT (voice-over): In the boarded-up storefront of what used to be a bar, that is the Faith Temple Church of the Apostolic Faith, 8-year-old Terence Kattrell (ph) was seen as being possessed by an evil spirit. Those who knew him say he was autistic.

UNIDENTIFIED MALE: The Bible says when the unclean spirit is gone out of a man...

FLOCK: Reverend David Hemphill's brother Ray, also a minister at the church, is now being held in the Milwaukee County Jail on suspicion of child abuse. Police say little Terence died of suffocation in what has been described as a two-hour prayer service where he was held down in sweat-drenched sheets by church members and his own mother.

(on camera): Spent a lot of time at the church?

DENISE ALLISON, VICTIM'S NEIGHBOR: Yes, too much time.

FLOCK (voice-over): Denise Allison lives upstairs from the mother and describes her to us as a zealous church convert, who once said the evil spirit had spoken through her son at a previous service.

ALLISON: She said, He said, Kill me, take me, kill me. You know, I was, like, Are you serious? I couldn't really believe that.

FLOCK: Since the death, Faith Temple Sunday services have been moved to Pastor Hemphill's home. The wails of the congregation audible outside, no cameras allowed in.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: I think it was child abuse.

(END AUDIO CLIP)

FLOCK: Outrage in Milwaukee. Local talk radio on WTMJ erupting.

(BEGIN AUDIO CLIPS)

UNIDENTIFIED FEMALE: I think it is horrible. My son is 8 years old.

(END AUDIO CLIP)

UNIDENTIFIED FEMALE: And they was talking about they was trying to drive out some evil spirit?

FLOCK: Terence's grandmother says the church confused an evil spirit with a little boy's autism.

UNIDENTIFIED MALE: (UNINTELLIGIBLE). (UNINTELLIGIBLE), it's just like, I would say, wherever you went to school to be a journalist, God sent me to school to be a preacher. I know what I'm talking about.

FLOCK (on camera): The church says it was God who decided to take the little boy's life, though it is a fair bet it won't be God charged with murder, now that the case has been ruled a homicide. Milwaukee County DA tells us to expect a decision on charges sometime tomorrow.

I'm Jeff Flock, CNN, in Milwaukee.

(END VIDEOTAPE)

BROWN: That takes care of religion.

Politics next. Forty-three days to go until California's recall election. A week ago tonight on this program, Bill Simon told us he was in the race to the end. We thought that meant October. He thought it meant the end of last week.

Simon was the first to fall. He may not be the last. Here's CNN's Dan Lothian.

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN CORRESPONDENT (voice-over): For some Republicans, the recall race has come down to a lesson in mathematics. Too many of their candidates will make it difficult for any one to win.

BILL SIMON (R), FORMER CALIFORNIA GUBERNATORIAL CANDIDATE: Nice to see you, Bethany. Nice to see you, guys.

LOTHIAN: Bill Simon crunched the numbers and pulled out.

SIMON: There are too many Republicans in this race.

LOTHIAN: And according to the most recent poll, conducted by "The Los Angeles Times," all are trailing the sole major Democrat, Lieutenant Governor Cruz Bustamante, who's enjoying the support of 35 percent of likely voters. In an attempt to cut into that lead, pressure is now mounting on other Republicans to drop out.

REP. DAVID DREIER (R-CA), SCHWARZENEGGER CAMPAIGN: I hope that at the end of the day, and I hope as soon as possible, that we can, in fact, rally around one candidate.

LOTHIAN: Representative Dreier wants that candidate to be Arnold Schwarzenegger. He's expected to be endorsed by former New York mayor Rudy Giuliani and New York Governor George Pataki, according to sources close to the two politicians.

But the other major Republican candidates, Peter Ueberroth and Tom McClintock, say they have no plans to step aside.

REP. TOM MCCLINTOCK (R-CA), CALIFORNIA GUBERNATORIAL CANDIDATE: This is one horse that will be in the race to the finish line.

LOTHIAN: But Republican strategist Arnold Steinberg says McClintock and Ueberroth may have something else in mind.

ARNOLD STEINBERG, REPUBLICAN STRATEGIST: I think they both feel that Arnold could stumble, or the Democrats could attack him, and they want to be there to pick up the pieces.

LOTHIAN: This drumbeat started long before today. On KABC radio in Los Angeles two weeks ago, this is what callers were saying.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: Narrow the race on the Republican side, that's -- pick, pick a runner.

(END AUDIO CLIP)

LOTHIAN: Meantime, Democrats continue to hedge their bets, urging a no vote on the recall and yes for Bustamante. Even Governor Gray Davis, who stops short of endorsing his lieutenant governor, says he now sees the good in this strategy.

GOV. GRAY DAVIS (D), CALIFORNIA: His entry into the race will actually get more people to come out and vote against the recall.

(END VIDEOTAPE)

LOTHIAN: After weeks of negative news for Davis, it seems support for recalling him is slipping, according to that that "L.A. Times" poll. Fifty percent of likely voters now support the recall. That's down by 8 points from last week, Aaron.

BROWN: The -- and just again, the poll on the horse race part of this, not the recall part of this, shows the lieutenant governor having increased his lead?

LOTHIAN: That is correct. It is now up to 35 percent. And you might remember that back when this race first got under way, it was neck and neck between Arnold Schwarzenegger and Bustamante. Now he's pulled ahead.

BROWN: And as a practical matter, whether Mr. Simon withdrew or whether the others withdraw, the ballot stays the same.

LOTHIAN: That is correct. According to the secretary of state here in California, he says the names are set on the ballot. So whether or not someone does withdraw, when you show up to vote, the name will be there.

BROWN: Well, that'll make it all that more exciting in 43 days. Dan, thank you very much. Dan Lothian in Los Angeles.

Ahead on the program tonight, the space shuttle crash and the report on what went wrong, what needs to change. An exclusive interview with NASA's administrator, Sean O'Keefe, coming up. Miles O'Brien with that.

And later, the situation in Iraq, whether support for the United States continued involvement there is dropping. Does it have political implications?

That and more from New York.

This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Tomorrow, the commission looking into the space shuttle "Columbia" publishes its final report. Families of the astronauts who died got a briefing on it today. And we expect no surprises tomorrow.

In fact, the details have been known for weeks now. It's a stinging indictment of the machinery that failed, but also the culture that made NASA, in many respects, an accident waiting to happen. What we don't know tonight and won't know for some time is how NASA rises to yet another extraordinary challenge. A large part of the outcome rides on the man in charge. Here's CNN's Miles O'Brien.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): Sean O'Keefe is a typical suburban family man, who happens to be facing the challenge of a lifetime. Seven months ago, NASA's boss was sitting beside the shuttle runway in Florida with the "Columbia" families when that awful scar was etched in the Texas sky.

SEAN O'KEEFE, NASA ADMINISTRATOR HONORABLE: I was stunned, that they were that resolute, and yet the same time, you know, still, again, very concerned that we really get to the bottom of exactly what caused this.

O'BRIEN: To that end, O'Keefe turned to retired Navy admiral Hal Gehman, who has led a tough, independent investigation into what went so terribly wrong.

O'KEEFE: They've done a more thorough review and investigation that I've ever heard of anywhere. And when this report comes out, I think that will be pretty evident for everybody to see, the diligence they've put to this.

O'BRIEN: Gehman modeled his effort after the NTSB, assembling a diverse team of experts and issuing findings without delay before the investigation is complete.

The board is already on record with five recommendations. Better inspections between flights of the carbon panels that protect the leading edge of an orbiter's wing. Routine, frequent use of Pentagon satellites and telescopes to glimpse a shuttle in orbit. Train and equip astronauts to make emergency repairs in space. Improve and augment the cameras that track a shuttle during launch. And find a way to beam back images of the external fuel tank and leading edge and underside of the orbiter during a mission.

Sean O'Keefe offers no counterpoints.

O'KEEFE: They all are, in my judgment, must be complied with in order for us to do this right, because they've spent a lot of time preparing it, and we've all had a chance to participate in it. And they've made the final determination of what is necessary.

O'BRIEN (on camera): You're prepared to embrace it lock, stock, and barrel?

O'KEEFE: You bet you.

O'BRIEN (voice-over): The Gehman report will also shatter NASA's organizational culture. In July, a test conducted by the board proved beyond a doubt that insulating foam falling off a shuttle fuel tank, as it did during "Columbia"'s last launch, can cause a fatal breach in the panels designed to shield an orbiter's wing from the heat of reentry.

Falling foam had hit orbiters for years. And yet NASA managers assumed it was harmless.

(on camera): Why weren't tests like that, though, conducted the moment they knew foam was falling off that thing?

O'KEEFE: Good question. That's a very good question. And I don't know.

O'BRIEN (voice-over): And there are no easy answers to why something so preventable was not, why the best and brightest could miss such clear signs of trouble, why concerns expressed during the mission did not rise to the top, or why mission managers accepted a glossed-over analysis of the fatal foam strike.

Clearly, the loss of "Columbia" and her crew is proof NASA needs to change the way it does business. And Sean O'Keefe knows it.

O'KEEFE: This was a case where we missed it. You know, just flat missed it. We have to then compensate for that human characteristic and be sure that we exercise an overabundance of diligence and never let something be explained away simply because we've seen it before.

It's got to have a reason, it's got to have an explanation.

O'BRIEN: There are many long days ahead for Sean O'Keefe and his family, but there is much that has to be done before he can sign the documents that will clear the next shuttle, "Atlantis," and her crew for launch.

(on camera): Do you feel good about signing that thing? Are you going to feel comfortable about it?

O'KEEFE: Well, I definitely won't sign anything until I'm comfortable we are there, you bet. That's going to be a pretty tall, you know, order to have to meet the requirements that are necessary in order for us to do that. When we are fit to fly, that's when we'll go.

(END VIDEOTAPE)

O'BRIEN: Sean O'Keefe might seem to be an unlikely boss for NASA during these trying times. He's not a longtime space enthusiast. He came from the Office of Management and Budget with a mandate to clean up NASA's financial mess. He has a long resume in public service, working as a congressional staffer, and, during the first Bush administration, the secretary of the Navy.

But he does not have a background in science or in engineering. O'Keefe is a public manager by profession, and that may be just the discipline that NASA needs in the months ahead, Aaron.

BROWN: Just to be clear, is he saying that the shuttle will not fly again until all of the recommendations are implemented?

O'BRIEN: Yes. That's exactly what he's saying.

BROWN: OK.

O'BRIEN: He's going to embrace this report. And I'm told this report might have as many as 29 recommendations. You've heard about the five that are out there already. The rest will deal with these cultural issues, these organizational issues. And to address every single one of these in the time allotted, and they'd like to try to launch in the spring, is a very tall order indeed.

BROWN: Yes, that was the next question. Is a spring launch realistic at this point?

O'BRIEN: I'm told by people who are kind of in the trenches that that spring date is more just a milestone-type date. More likely, it'd probably be another year.

BROWN: Miles, thank you. We look forward to the launch one day, hopefully one day soon. Miles O'Brien in Atlanta tonight.

Few stories from around the country here, beginning in Boston.

Eleven stowaways from the Dominican Republic jumped ship in Boston Harbor today. The captain of the cargo ship reported the stowaways to authorities yesterday, promised to keep them on board and return them to the Dominican. Coast Guard local authorities quickly captured 10 of them. They're still looking for one more.

Jose Conseco was released from jail today in Florida after prosecutors dropped charges that the one-time baseball star violated probation by taking steroids. Conseco has been behind bars since late June. The state didn't press charges, ultimately, because of conflicting expert testimony on how long steroids would have stayed in his system. Conseco denied any drug use while on probation and said today, "It feels good to be out."

And sports of another sort. Pete Sampras finally made it official, what everyone knew, today at the U.S. Open. Pete Sampras, at 32, is retiring, leaving the sport with 64 singles titles, including an impressive seven at Wimbledon and five at the U.S. Open, and, to many, the greatest player of all time.

Later on NEWSNIGHT, we'll check...

(BEGIN VIDEO CLIP)

PETE SAMPRAS: I'm sure tonight will be emotional, and to be back on the court and see the fans. And it's definitely coming to terms with stopping. This is something that I love to do, and I've known since I was 7. And it's just -- it's -- saying good-bye is not easy. So, but I know it's time in my heart.

(END VIDEO CLIP)

BROWN: Pete Sampras tonight at the U.S. Open.

Later on NEWSNIGHT, we'll check morning papers. Expect that story will show up on one front page or another. Up next, we'll talk with "Newsweek"'s Evan Thomas about some interesting new poll results on Iraq and other related matters.

A break first. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: And tomorrow or the next day, there will be another name to add to that list, because another soldier died in Iraq today of what Central Command is calling a nonhostile gunshot wound.

However it happened, this soldier is the 138th to die since President Bush declared major combat over, the same number as killed in major combat.

And the number of wounded, hardly mentioned, it seems, has reached about 1,000. Add to that the bombings, the wrangling in Washington over sending more troops, and this notion that Iraq is becoming what someone unfortunately called recently a mecca for terrorism.

It's no wonder a majority of Americans are more concerned than ever. It shows in the latest poll in the pages of "Newsweek"'s magazine, or "Newsweek" magazine.

"Newsweek"'s Evan Thomas joins us now to talk more about it.

It's nice to see you again.

It seems to me, at least, a little early to say quagmire or Vietnam or anything like that, but in your reporting, do you feel like -- do you get the feeling the administration is ad-libbing more than perhaps it wants to let on, that some major postwar assumptions have not come to be?

EVAN THOMAS, "NEWSWEEK" MAGAZINE: Yes. I mean, they're publicly trying to sound bullish and trying to bluster through it a little bit by saying, We've got the terrorists right where we want them, in Iraq, instead of in New York, which is a carefully rehearsed line.

But behind the scenes, they're worried. They know that they're on a course that's not aimed at success right now, and they have to change some things. And whether they have the resources and the -- and whether the public has the patience for it remains to be seen.

BROWN: What is it they feel they need to change?

THOMAS: Well, they need to change the fact that an American is dying every single day, for starters.

They need to get rid of the terrorist threat, because the next one may not be the U.N. headquarters, which was bad enough, but could be an American barracks. Now, if that happens, if you have a Beirut- type situation, where a couple hundred Americans die, those "Newsweek" poll results, which are not great for the administration, but also aren't horrible, would get horrible. Then you would see real trouble for the administration.

BROWN: But the defense secretary, the administration, by and large, the generals, are all saying, no more feet on the ground; that's not what's required.

THOMAS: They are.

They're saying it pretty emphatically. It's interesting. The outside experts, most notably John McCain, are saying what should seem pretty obvious, which is, if we have a big security problem, we're going to need more troops. But that's not what the Pentagon is saying. Rumsfeld really is against it. The Pentagon says that the generals in the field are also against it. They don't need it.

That's because I think they're stretched pretty thin. They'd like to get some international support, but they really don't want to put more soldiers in there.

BROWN: Let's talk about the poll and a little context to the poll. There are a number -- at least as I look at them -- interesting things, in that clearly the country, based on the poll, is growing a bit queasy about, if not the war itself, postwar Iraq and the cost of postwar Iraq.

THOMAS: Right.

They're still in favor -- majority are still in favor of us having gone in there. But a pretty significant majority thinks that we're not going -- it's not going to work, that we're just going to get stuck there. They also think we're spending too much money, which is interesting, because we're about to spend a lot more money.

And Bush's own numbers are down a little. I don't want to overstate this. This is not some terrible plunge into the crater. In our poll, his approval rating went down from 57 percent to 53 percent over the course of a week or two. That's not great. It's not horrible. It is still above 50. But it is drifting down. And his negatives are going up.

For the first time in our poll, by -- I think it was 48-46 -- would rather elect somebody else president in 2004. And that doesn't mean there's any particular Democrat they like, but it's something of concern for the Bush administration. And Bush's political advisers know it.

BROWN: Does it seem also that, on other issues, on the economy or health care or Social Security or the environment or whatever, that the opposition, the Democratic side, has come up some and perhaps that's just related to a disenchantment with the president in Iraq?

THOMAS: That's true.

I don't think it's so much anything that the Democrats have said. There's no particular poll we're finding that would suggest that any Democrat is breaking through in the country as a whole. Obviously, Dean has done well within the party. But the Democrats are creeping up on the domestic issues.

Now, Bush still does have -- despite the misgivings on Iraq, Bush still has a significant edge on national security and security issues. And that today is still the biggest issue. It may be the economy by the time the election rolls around. But I think the Bush folks at the White House feel that, if they can stay strong on security, that will be good enough.

BROWN: Evan, good to see you. A couple -- a really interesting pieces in the magazine this week. We appreciate your time tonight. Thank you, Evan Thomas of "Newsweek" magazine.

THOMAS: Thank, Aaron.

BROWN: A few more stories from around the world tonight before we go to break, starting in Afghanistan.

American jets today bombing an area in the southeastern part of the country. The attack was part of a joint U.S.-Afghan operation targeting members of the Taliban who have been carrying out hit-and- run attacks of late, some with considerable success. The Afghan government says, as many as 50 Taliban fighters were killed. The Pentagon places the number significantly lower.

Two deadly explosions killed dozens today in Bombay, India. Authorities suspect Islamic militant groups, although no one yet claiming responsibility. One went off at the national monument, the other near a Hindu temple. The number put the number of dead tonight at 44.

And, in Beijing, they're getting ready for talks aimed at diffusing the crisis over North Korea's nuclear program. On Wednesday, a North Korean delegation with sit down with counterparts from the U.S., Japan, China, Russia, and South Korea. They'll sit down to dinner first. That part happens tomorrow.

Still to come on NEWSNIGHT: Canadian imports, how some patients want to get their prescription drugs from Canada and the political fight under way over that idea.

It seems like a good time to remind you that, around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: The latest now on one of the debates going on in Congress over making prescription drugs more affordable.

One of the more maddening realities of American life is that we pay more for prescription drugs than do people in many other countries. In part, that's because drug companies here can charge what they want or what they need or what the market will bear. And in other countries, there are price controls or different market forces at play. They get the same drug for less, sometimes a lot less.

One solution -- and it is hated by the industry -- is allowing cheaper drugs to be imported. Congress may make that national policy -- may. One town in the Northeast isn't waiting.

Here's CNN's Bob Franken.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: This eliminates the bedtime shot, so I can stay up longer.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over): Thirteen- year-old Mike Albano is getting his U.S.-manufactured insulin and paraphernalia to treat his Type 2 diabetes not from his local drugstore, but Canada.

MIKE ALBANO, DIABETIC: They all work the same. So I mean, you can get them in two different places, but they both do the same thing.

FRANKEN: But it costs half the price. His father figures, the new plan that allows Springfield, Massachusetts, city employs to reimport cheaper, price-controlled prescription drugs from Canada, will save his money about $500 a year. By the way, his father, also Mike Albano, is the mayor.

MICHAEL ALBANO, MAYOR OF SPRINGFIELD, MASSACHUSETTS: In Springfield, we can save anywhere from $4 million to $9 million by using the Canadian prescription medication program.

FRANKEN (on camera): The city is self-insured; 7,000 municipal employees, along with retirees and their dependents, can do away with co-payments.

(voice-over): They simply must decide to order their medicine from a Windsor, Ontario, mail-order pharmaceutical reimporter.

ROGER LANDRY, SPRINGFIELD POLICE DEPARTMENT: They're all name- brand. They're the same drugs that are purchased in the United States at a 20 to 80 percent discount. The cost savings is phenomenal.

UNIDENTIFIED MALE: Can I have a pill counter and a spatula?

FRANKEN: But the U.S. Food and Drug Administration contends, the drug reimport plan is legal. Local pharmacists say that, even in tightly regulated Canada, the city is sacrificing safety for savings.

NICHOLAS CREANZA, WESTERN MASSACHUSETTS PHARMACEUTICAL ASSOCIATION: We really don't know what the guidelines are for the protection of patients and their medications coming from Canada will be.

FRANKEN: Congress is involved in a fiercely lobbied debate over whether to change the law, under pressure from those who argue they must leave the United States to buy affordable medicine.

MIKE ALBANO: Works on me. I'm a living example.

FRANKEN: Bob Franken, CNN, Springfield, Massachusetts. (END VIDEOTAPE)

BROWN: More on this now. We're joined by Susan Dentzer, the health correspondent for "The NewsHour" on PBS. She's in Washington.

Glad to see you.

On the question of safety, which has been a principal industry argument and the political argument against this, how real an argument is that in this respect? The countries that we are talking about importing these drugs from, whether it's Canada or Germany, England, they have systems for safety.

SUSAN DENTZER, PBS REPORTER: No question about it, Aaron.

All of those countries, in fact under the House proposal now in Congress, drugs would be allowed to be imported from Canada, the European Union and nine other industrialized countries, including Japan. So these countries, as you note, have very sophisticated regulatory systems of their own. The concern is not so much that drugs approved for use in those countries would be dangerous if allowed back into the U.S.

It is really a question of broadening the channel of importation, such that you could have a lot of nefarious people get into this business. You could have counterfeit drugs. You could have fake drugs. You could have efficacy not assured. Or you could have drugs that had expired. And that's really what the Food and Drug administration is most worried about, that you create a broad channel for illegal, counterfeit, and other drugs to come into the United States.

BROWN: And so for those of us who perhaps are more cynical than we should ever be on anything, is it fair to say this isn't simply about profits for the drug industry?

DENTZER: Well, for those who want importation to be allowed, the name of the game is bringing pricing pressure on the drug companies. It's lowering prices here in the United States.

Everybody, even the most ardent supporters of this legislation, say it is not the most efficient thing to take drugs that, in some instances, are produced here in the United States, shipped to Canada, and turn around and reimport them back into the United States. Nobody is doing this because it is efficient. Nobody is proposing doing it because other countries have terrific drugs that we can't get our hands on here in the United States.

The name of the game is bringing about additional pricing pressure on pharmaceuticals in the United States and possibly creating other avenues to lower drug prices.

BROWN: So that I understand that, is the bill itself, then, a kind of hammer over the industry that says, well, maybe if you come up with some plan of your own, we won't drop the hammer?

DENTZER: Well, frankly, it is hard to psychoanalyze these legislative proposals.

BROWN: OK.

DENTZER: But let's put it this way.

You have a strange situation here where, in the House Medicare reform bill, which would create a new outpatient prescription drug benefit for Medicare beneficiaries, the secretary of health and human services is specifically forbidden from negotiating drug prices. Now, however, we also have this importation provision, which effectively says that the secretary has to allow importation of cheaper drugs from other countries.

It is a way of essentially saying, we're not going to regulate drug prices in United States. We're just going to piggyback on other countries that regulate drug prices in some way. It is a little bit of an oddball mechanism. But, as I say, the supporters of this feel that Americans are being gouged and that we need to do something to lower drug prices.

BROWN: About half a minute. And I apologize for this in advance. How do you gauge the prospects of the legislation? Is it possible?

DENTZER: This one is very hard to call. Importation has been kicking around for several years. In fact, there's an importation statute on the books, which, so far, two secretaries of health and human services, Donna Shalala in the Clinton administration and Tommy Thompson in this administration, have refused to implement, because they said they could not certify the security of the public health and the public safety if they allowed drugs to be imported into the United States.

This passed, however, this time around, a much broader measure, at least in the House. And it has introduced a whole new wild card into the Medicare reform debate, which was up for grabs in the first place. So I think most people who even handicapped this are saying this one is very hard to call, because there are many supporters on the left and on the right, as well as people in the middle, who have said they will not support Medicare reform without some sort of importation provision being incorporated into it.

BROWN: Susan, thank you. It's a complicated issue. We appreciate your time tonight. Thank you very much.

DENTZER: My pleasure.

BROWN: Thank you.

Ahead on NEWSNIGHT: the Mexican standoff over criminals hiding out south of the border and why they are and why they are not being brought back.

A break first. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK) BROWN: Four years ago tomorrow, a devoted father name Carlos Vara was shot and killed by his son-in-law at his home in suburban Los Angeles. Tonight, for all we know, he's sitting free watching this program on TV in Mexico. Police both here and there know where he is. He need not fear them. And he is not alone.

(BEGIN VIDEOTAPE)

BROWN (voice-over): It was late on a spring afternoon four years ago, not far from this gas station just south of downtown Los Angeles.

(BEGIN AUDIO CLIP)

OPERATOR: 911.

ANNABELLA VARA, VICTIM: Yes. I need help.

OPERATOR: Where are you?

VARA: I'm on the street. I'm driving behind my husband. And he has a gun.

(END AUDIO CLIP)

BROWN: Annabella Perez was in her car following her husband, Daniel. But from her cell phone, she told police, he suddenly maneuvered in back of her.

ANNABELLA VARA, VICTIM: He's banging my car. He's on the side of me trying to run me off the road.

(BEGIN AUDIO CLIP)

OPERATOR: Where are you, ma'am?

VARA: Please hurry. Oh, my God. Hurry. Hurry.

(END AUDIO CLIP)

BROWN: That 911 call was transferred to three different police agencies. And by the time squad cars from Southgate Police arrived at the gas station, Daniel Perez, they say, had shot his wife in the head, leaving her for dead. It was three hours later when police finally found him.

JAN MAURIZI, ASST. DA, LOS ANGELES COUNTY: Daniel Perez was arrested. And he was charged with the attempted murder on Annabella. And the case went through the normal procedures, preliminary hearing. It went to trial rather quickly.

BROWN: The day before closing arguments, Annabella's father, Carlos Vara, testified that Daniel had telephoned him after the shooting, trying to establish an alibi that would exonerate him.

That very night, police say, Daniel Perez came to his shot and shot Annabella's father to death. VARA: Daniel entered the house. And my dad pretty much confronted him. And he took like seven bullets, I believe. I'm not sure, but one to the head. That is what killed him. And he died instantly.

BROWN: The next day, Daniel Perez was convicted in absentia of attempted murder of Annabella and sentenced to life in prison. He was then charged with the murder of Carlos Vara, but he had fled. Police are convinced he went to Mexico to a village north of Mexico City.

MAURIZI: There is no justice for Annabella right now. It's a perfect example of what happens when you have a double system of justice.

BROWN: A double system because, even though Mexican authorities know where Daniel Perez is living and even though American authorities know as well, he cannot be extradited. Mexican law prevents it because Daniel Perez was convicted in absentia and is subject to the death penalty in the United States because of the murder of Carlos Vara.

MAURIZI: At this point in time, we are completely unable to secure his return, to get him back here, so that he can serve the sentence that he was given, so that he can stand trial for the murder of Annabella's father.

BROWN: And if you think this case is unique, would you be wrong.

MAURIZI: I know of, just in L.A. County, 150 cases where the fugitives have fled to Mexico, where we have verified that they're in Mexico and actually warrants have been issued for their arrest in Mexico. That doesn't account for what could be thousands of other cases where warrants have been issued and we don't know where those fugitives are.

BROWN: Mexican officials say nothing will change unless life-in- prison sentences are changed and the death penalty is taken off the table.

As an alternative, the Mexican government has offered trials in Mexican courts, maximum sentence, 60 years. For Annabella Vara, that's not enough.

VARA: It's a bigger picture now. It's not just my case. It is changing something that will benefit all of us. So I'm willing to fight for that and for my dad. I know that, if it would have been me that day on April 9, my dad would be sitting here.

(END VIDEOTAPE)

BROWN: We'll take a break, morning papers when we come back.

(COMMERCIAL BREAK)

(ROOSTER CROWING)

BROWN: Oh, I miss that when I work short weeks. But I'm going to work one more before summer ends.

Time to check morning papers from around the country and around the world. I could do the whole thing on "The New York Times." For August, there's some terrific stuff in the paper tomorrow. "New York Times." Their main Iraq story: "Shiite clerics clashing over how to reshape Iraq. Young clerics wanting an Islamic state now. Older clerics counseling patience." And down in the corner here, this is a very cool story. "Tricking the bitter taste buds. Researchers seek sweet disguise." It's basically ways science is working to trick your tongue into thinking you're having more fun eating than you actually are. And the deficit expected to grow to $500 billion. Sleep on that one tonight.

"The Boston Herald," "Evil Plot" is their headline on the Geoghan murder up there. And, "Pedro" -- I have to mention this -- a really bad week for my Seattle Mariners -- "Thrives on Boston's Intensity." Mariners lost again.

In Boston, "The Oregonian," speaking of baseball, "Baseball stadium bill clears legislature." This is another one of those publicly funded baseball stadiums. I love how capitalism works. And this is an awful story. "Sorrow hits Douglas County. Community mourns the loss of firefighters." I think there were eight of them killed in a wreck. Pretty sad tale, this.

I love stories like this. It comes from the "Washington Times." Stories that sort of defy conventional politics. "Rights advocates slam new screening system. Plan seen based on flawed premise." This has to do with how the government plans on screening out terrorists from airports, liberals and conservatives having trouble with that. So, we like that story.

"The San Francisco Chronicle": "Businesses pouring cash into actor's campaign. Schwarzenegger collects $725,000 in new donations over the weekend." That's a better weekend than I had. That's "The San Francisco Chronicle."

How we doing on time? Thirty-eight, OK.

"Chicago Sun-Times." "Special forces take out Taliban fighters." Here's what I like about -- see if you can get a closeup down there. This is a young soldier in the Tigris River in Iraq being baptized. And he says, "I realize death is walking in this place." And they say there are no atheists in a foxhole. And that's sort of proof of that.

And, by the way, we should never end the program without telling you what the weather is in Chicago, in case you're there: twice baked. That's "Chicago Sun-Times."

One other good story. We don't have time. That's morning papers.

We're all back tomorrow. Until then, good night for us all of 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





Alabama Monument Ruling; Pressure Mounts on Republicans to Drop Out of California Race>


Aired August 25, 2003 - 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. Good to see you again.
You know what they say about religion and politics and staying away from both. We should know better. But it seems they're unavoidable in the program tonight.

The politics is relatively tame, relatively. The California recall and the shifting news of Californians.

The religion part is messier. There's the death of a child in Wisconsin, allegedly at the hands of a religious group. There is the battle which, in tone, at least, seems to grow uglier by the day, over the Ten Commandments monument in the Alabama state courthouse.

Religion is supposed to be, and mostly is, a force for good. You would never know that by the program tonight, which also includes the murder of a defrocked priest, a victimizer turned victim.

It's where we begin the whip tonight.

Jason Carroll is covering the murder of John Geoghan. (UNINTELLIGIBLE) -- Jason, rather, the headline from you tonight.

JASON CARROLL, CNN CORRESPONDENT: Aaron, Geoghan was murdered by a fellow inmate. Both men were in protective custody. Now there are questions about the prison's supervision policies. An investigation is under way, Aaron.

BROWN: Jason, thank you. Back to you at the top tonight.

The latest on the Ten Commandments fight in Montgomery, Alabama. David Mattingly's still there. David, a headline from you.

DAVID MATTINGLY, CNN CORRESPONDENT: Aaron, almost five full days since a federal judge says it's got to go, and the monument to the Ten Commandments hasn't gone anywhere. But there are signs that could soon be changing, Aaron.

BROWN: David, thank you.

Ahead of the shuttle report out tomorrow, Miles O'Brien sat down today with the head of NASA. So Miles, a headline. MILES O'BRIEN, CNN SPACE CORRESPONDENT: Aaron, NASA's boss admits the space agency just flat missed the signs of trouble which led to the demise of the space shuttle "Columbia." And that failing of NASA's safety culture will be the target of some very harsh criticism tomorrow as the shuttle accident board releases its report, Aaron.

BROWN: Miles, thank you. Good to have you with us tonight.

And the latest now on the California recall. Dan Lothian again in Los Angeles. Dan, your headline tonight.

DAN LOTHIAN, CNN CORRESPONDENT: Well, Aaron, one candidate is out, another is getting some help from two powerful New Yorkers. And the leading Democrat is surging ahead in this race, if you believe the polls, Aaron.

BROWN: Dan, thank you. Back to you and the rest shortly.

Also coming up on this Monday night, one city's solution to the soaring cost of prescription drugs -- buy them from Canada. Congress is now looking at whether to allow discount drug importation nationwide. There are powerful forces and arguments against it and for it. We'll look at both sides tonight.

A story of justice delayed for years now, in the case where an accused murderer fled to Mexico. We'll have a look at why Mexico will not hand him over, and why this is not an isolated case.

And around the world in two and a half minutes, give or take a few seconds, it is, of course, our nightly look at tomorrow morning's papers.

All that and more in the hour ahead.

We begin tonight in Massachusetts, with the murder of John Geoghan.

"He'll never hurt anyone again," said one of his victims today. "But," he went on, "he still had a lot of penance to do here on earth."

And, we might add, the authorities had responsibility for keeping him alive to do it.

Justice, as opposed to rough justice, demands it, even for a monster. So tonight, an investigation is under way. And already, much is coming to light about the circumstances of John Geoghan's demise, and the man who allegedly did him in.

We begin with CNN's Jason Carroll.

(BEGIN VIDEOTAPE)

CARROLL (voice-over): Prosecutors describe Joseph Druce as a man filled with a long-standing hatred of homosexuals, serving a life sentence for killing one. He was housed in the same prison unit as John Geoghan, a defrocked priest convicted of molesting a young boy.

Boston's district attorney says Druce had been planning the murder for more than a month, using a book, nail clipper, and toothbrush to jam Geoghan's cell door.

JOHN CONTE, WORCESTER DISTRICT ATTORNEY: The defendant tied Geoghan's hands behind his back with a T-shirt, threw him on the floor, took socks, which he had previously been stretching for some time, and used them to strangle.

CARROLL: The DA says Druce has confessed to beating Geoghan, then using a pillowcase to strangle the former priest, telling authorities getting him was a, quote, "prize."

(on camera): Both Geoghan and Druce were kept in the protective unit at the Susa-Berenowski (ph) Correctional Center. The questions are, why was Druce, a violent offender, kept in the same unit as Geoghan? And why was he able to get to Geoghan's cell so easily?

(voice-over): The Department of Public Safety, which oversees the prison, is conducting a review.

EDWARD FLYNN, MASSACHUSETTS DEPARTMENT OF PUBLIC SAFETY: We must find out why, and what lessons can be learned as a result of this incident.

CARROLL: This is the second prison facility where Geoghan has served in Massachusetts. The first, in Concord, he felt threatened by inmates and guards. That, according to a prison advocacy group, which represented him.

JIM PINGEON, MASSACHUSETTS CORRECTIONAL LEGAL SERVICES: There were guards who were urinating in his cell, guards who were defecating in his cell, guards who would shove him in the halls, an officer who would hand out newspaper articles about his crime. His nickname among the officers was Satan or Lucifer.

(END VIDEOTAPE)

CARROLL: We were unable to reach representatives from the Concord facility. Geoghan was obviously moved to the Susa facility, and he apparently told representatives who were helping him during this period of time, he said that he had hoped things at the new facility would be better, Aaron.

BROWN: And just briefly, the victims and the victims' groups in Boston have been saying what?

CARROLL: Basically, you get a lot of different emotions involved with this. But you get a lot of people who were hoping that Geoghan would still serve justice. There are still two criminal cases that are out there that were supposed to go to trial. Those will obviously now most likely be thrown out.

And, of course, there's still the pending civil settlement that's involved in the Geoghan case as well. So a lot of people wanted to see justice done in court. That obviously not going to happen now.

BROWN: Jason, thank you very much. Jason Carroll on the story tonight.

Alabama now, and a few numbers for you to consider. Ten Commandments, six charges of violating judicial ethics, one judge suspended on allegations of violating said ethics regarding said commandments, one three-ring circus, that goes without saying, of course.

And now one lawsuit too, filed on behalf of the judge. So if you're keeping score, the bottom line tonight is 21.

Here's CNN's David Mattingly.

(BEGIN VIDEOTAPE)

MATTINGLY (voice-over): Barricades were erected outside the glass doors of the Alabama Supreme Court Building, a possible precursor to the removal of the Ten Commandments monument. But the monument so far hasn't budged, giving hope to faithful supporters of Chief Justice Roy Moore.

CHIEF JUSTICE ROY MOORE, ALABAMA SUPREME COURT: Today I stand before the court of the judiciary not because I've done anything wrong, not because I've violated any law, because I've taken money, none of those things. I stand before the court of the judiciary because I've done my oath. I've kept my oath.

MATTINGLY: It was the first time Moore had spoken publicly since he was suspended from office after violating a court order to remove the monument he installed two years ago.

Meanwhile, 170 miles to the south, two people filed suit in federal court in Mobile, Alabama, claiming their constitutional rights would be violated if the monument is removed.

BRIAN CHAVEZ-OCHOA, PLAINTIFF ATTORNEY: In the event that it's moved before this court has an opportunity to hear this matter, that they be ordered to return it to the rotunda from which it is -- where it's currently in place and has been.

(END VIDEOTAPE)

MATTINGLY: And the Mobile judge has agreed to take a look at that case on Wednesday. The legal observers in Alabama say it is highly unlikely he will do anything to interfere with the judgment from the court here in Montgomery, Aaron.

BROWN: All right. So what makes us think, if anything makes us think, that the monument itself is about to be removed or may be removed any time soon?

MATTINGLY: Well, it has to be out of here by Friday, or else the plaintiffs will go back to court, saying it is time we start fining the state of Alabama. So we know that there is work going on to make sure this happens.

We saw the barricades go up today. The reason for that was to protect the public, just in case someone, for whatever reason, got too close to the glass doors later, and the glass decided to shatter. So they're thinking about security of the building, they're thinking about safety of the protesters out here, all precursors to the possibility that they're planning on moving this soon.

BROWN: And what is it that's going on behind you that has got people clearing and applauding?

MATTINGLY: This is something we've seen just about every night. I don't think you can get a very good look at it right now, because they're all standing in the dark. But a couple of hundred people gathered on the steps of the judicial building here. It is for the evening rally. Something we have seen going on here ever since the midnight deadline came and went last Wednesday.

And you can tell they're still fairly enthusiastic, even after being out on the hot sun, the hot, sweltering summer heat of Montgomery all day long, Aaron.

BROWN: David, thank you. And appreciation to your crew there for giving us the shot. We appreciate that too. Thank you. David Mattingly in Montgomery.

On to a very different story about the intersection of faith and the law. It comes from Milwaukee, Wisconsin, tonight. A church service that was intended to heal a young disabled boy ended in what the coroner is now calling a case of homicide. This is not the first of this sort of story we've reported on, probably will not be the last, but each time we're left with a nagging feeling that we know all the facts, and that the facts make no sense at all.

Here's CNN's Jeff Flock.

(BEGIN VIDEOTAPE)

JEFF FLOCK, CNN CORRESPONDENT (voice-over): In the boarded-up storefront of what used to be a bar, that is the Faith Temple Church of the Apostolic Faith, 8-year-old Terence Kattrell (ph) was seen as being possessed by an evil spirit. Those who knew him say he was autistic.

UNIDENTIFIED MALE: The Bible says when the unclean spirit is gone out of a man...

FLOCK: Reverend David Hemphill's brother Ray, also a minister at the church, is now being held in the Milwaukee County Jail on suspicion of child abuse. Police say little Terence died of suffocation in what has been described as a two-hour prayer service where he was held down in sweat-drenched sheets by church members and his own mother.

(on camera): Spent a lot of time at the church?

DENISE ALLISON, VICTIM'S NEIGHBOR: Yes, too much time.

FLOCK (voice-over): Denise Allison lives upstairs from the mother and describes her to us as a zealous church convert, who once said the evil spirit had spoken through her son at a previous service.

ALLISON: She said, He said, Kill me, take me, kill me. You know, I was, like, Are you serious? I couldn't really believe that.

FLOCK: Since the death, Faith Temple Sunday services have been moved to Pastor Hemphill's home. The wails of the congregation audible outside, no cameras allowed in.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: I think it was child abuse.

(END AUDIO CLIP)

FLOCK: Outrage in Milwaukee. Local talk radio on WTMJ erupting.

(BEGIN AUDIO CLIPS)

UNIDENTIFIED FEMALE: I think it is horrible. My son is 8 years old.

(END AUDIO CLIP)

UNIDENTIFIED FEMALE: And they was talking about they was trying to drive out some evil spirit?

FLOCK: Terence's grandmother says the church confused an evil spirit with a little boy's autism.

UNIDENTIFIED MALE: (UNINTELLIGIBLE). (UNINTELLIGIBLE), it's just like, I would say, wherever you went to school to be a journalist, God sent me to school to be a preacher. I know what I'm talking about.

FLOCK (on camera): The church says it was God who decided to take the little boy's life, though it is a fair bet it won't be God charged with murder, now that the case has been ruled a homicide. Milwaukee County DA tells us to expect a decision on charges sometime tomorrow.

I'm Jeff Flock, CNN, in Milwaukee.

(END VIDEOTAPE)

BROWN: That takes care of religion.

Politics next. Forty-three days to go until California's recall election. A week ago tonight on this program, Bill Simon told us he was in the race to the end. We thought that meant October. He thought it meant the end of last week.

Simon was the first to fall. He may not be the last. Here's CNN's Dan Lothian.

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN CORRESPONDENT (voice-over): For some Republicans, the recall race has come down to a lesson in mathematics. Too many of their candidates will make it difficult for any one to win.

BILL SIMON (R), FORMER CALIFORNIA GUBERNATORIAL CANDIDATE: Nice to see you, Bethany. Nice to see you, guys.

LOTHIAN: Bill Simon crunched the numbers and pulled out.

SIMON: There are too many Republicans in this race.

LOTHIAN: And according to the most recent poll, conducted by "The Los Angeles Times," all are trailing the sole major Democrat, Lieutenant Governor Cruz Bustamante, who's enjoying the support of 35 percent of likely voters. In an attempt to cut into that lead, pressure is now mounting on other Republicans to drop out.

REP. DAVID DREIER (R-CA), SCHWARZENEGGER CAMPAIGN: I hope that at the end of the day, and I hope as soon as possible, that we can, in fact, rally around one candidate.

LOTHIAN: Representative Dreier wants that candidate to be Arnold Schwarzenegger. He's expected to be endorsed by former New York mayor Rudy Giuliani and New York Governor George Pataki, according to sources close to the two politicians.

But the other major Republican candidates, Peter Ueberroth and Tom McClintock, say they have no plans to step aside.

REP. TOM MCCLINTOCK (R-CA), CALIFORNIA GUBERNATORIAL CANDIDATE: This is one horse that will be in the race to the finish line.

LOTHIAN: But Republican strategist Arnold Steinberg says McClintock and Ueberroth may have something else in mind.

ARNOLD STEINBERG, REPUBLICAN STRATEGIST: I think they both feel that Arnold could stumble, or the Democrats could attack him, and they want to be there to pick up the pieces.

LOTHIAN: This drumbeat started long before today. On KABC radio in Los Angeles two weeks ago, this is what callers were saying.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: Narrow the race on the Republican side, that's -- pick, pick a runner.

(END AUDIO CLIP)

LOTHIAN: Meantime, Democrats continue to hedge their bets, urging a no vote on the recall and yes for Bustamante. Even Governor Gray Davis, who stops short of endorsing his lieutenant governor, says he now sees the good in this strategy.

GOV. GRAY DAVIS (D), CALIFORNIA: His entry into the race will actually get more people to come out and vote against the recall.

(END VIDEOTAPE)

LOTHIAN: After weeks of negative news for Davis, it seems support for recalling him is slipping, according to that that "L.A. Times" poll. Fifty percent of likely voters now support the recall. That's down by 8 points from last week, Aaron.

BROWN: The -- and just again, the poll on the horse race part of this, not the recall part of this, shows the lieutenant governor having increased his lead?

LOTHIAN: That is correct. It is now up to 35 percent. And you might remember that back when this race first got under way, it was neck and neck between Arnold Schwarzenegger and Bustamante. Now he's pulled ahead.

BROWN: And as a practical matter, whether Mr. Simon withdrew or whether the others withdraw, the ballot stays the same.

LOTHIAN: That is correct. According to the secretary of state here in California, he says the names are set on the ballot. So whether or not someone does withdraw, when you show up to vote, the name will be there.

BROWN: Well, that'll make it all that more exciting in 43 days. Dan, thank you very much. Dan Lothian in Los Angeles.

Ahead on the program tonight, the space shuttle crash and the report on what went wrong, what needs to change. An exclusive interview with NASA's administrator, Sean O'Keefe, coming up. Miles O'Brien with that.

And later, the situation in Iraq, whether support for the United States continued involvement there is dropping. Does it have political implications?

That and more from New York.

This is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: Tomorrow, the commission looking into the space shuttle "Columbia" publishes its final report. Families of the astronauts who died got a briefing on it today. And we expect no surprises tomorrow.

In fact, the details have been known for weeks now. It's a stinging indictment of the machinery that failed, but also the culture that made NASA, in many respects, an accident waiting to happen. What we don't know tonight and won't know for some time is how NASA rises to yet another extraordinary challenge. A large part of the outcome rides on the man in charge. Here's CNN's Miles O'Brien.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): Sean O'Keefe is a typical suburban family man, who happens to be facing the challenge of a lifetime. Seven months ago, NASA's boss was sitting beside the shuttle runway in Florida with the "Columbia" families when that awful scar was etched in the Texas sky.

SEAN O'KEEFE, NASA ADMINISTRATOR HONORABLE: I was stunned, that they were that resolute, and yet the same time, you know, still, again, very concerned that we really get to the bottom of exactly what caused this.

O'BRIEN: To that end, O'Keefe turned to retired Navy admiral Hal Gehman, who has led a tough, independent investigation into what went so terribly wrong.

O'KEEFE: They've done a more thorough review and investigation that I've ever heard of anywhere. And when this report comes out, I think that will be pretty evident for everybody to see, the diligence they've put to this.

O'BRIEN: Gehman modeled his effort after the NTSB, assembling a diverse team of experts and issuing findings without delay before the investigation is complete.

The board is already on record with five recommendations. Better inspections between flights of the carbon panels that protect the leading edge of an orbiter's wing. Routine, frequent use of Pentagon satellites and telescopes to glimpse a shuttle in orbit. Train and equip astronauts to make emergency repairs in space. Improve and augment the cameras that track a shuttle during launch. And find a way to beam back images of the external fuel tank and leading edge and underside of the orbiter during a mission.

Sean O'Keefe offers no counterpoints.

O'KEEFE: They all are, in my judgment, must be complied with in order for us to do this right, because they've spent a lot of time preparing it, and we've all had a chance to participate in it. And they've made the final determination of what is necessary.

O'BRIEN (on camera): You're prepared to embrace it lock, stock, and barrel?

O'KEEFE: You bet you.

O'BRIEN (voice-over): The Gehman report will also shatter NASA's organizational culture. In July, a test conducted by the board proved beyond a doubt that insulating foam falling off a shuttle fuel tank, as it did during "Columbia"'s last launch, can cause a fatal breach in the panels designed to shield an orbiter's wing from the heat of reentry.

Falling foam had hit orbiters for years. And yet NASA managers assumed it was harmless.

(on camera): Why weren't tests like that, though, conducted the moment they knew foam was falling off that thing?

O'KEEFE: Good question. That's a very good question. And I don't know.

O'BRIEN (voice-over): And there are no easy answers to why something so preventable was not, why the best and brightest could miss such clear signs of trouble, why concerns expressed during the mission did not rise to the top, or why mission managers accepted a glossed-over analysis of the fatal foam strike.

Clearly, the loss of "Columbia" and her crew is proof NASA needs to change the way it does business. And Sean O'Keefe knows it.

O'KEEFE: This was a case where we missed it. You know, just flat missed it. We have to then compensate for that human characteristic and be sure that we exercise an overabundance of diligence and never let something be explained away simply because we've seen it before.

It's got to have a reason, it's got to have an explanation.

O'BRIEN: There are many long days ahead for Sean O'Keefe and his family, but there is much that has to be done before he can sign the documents that will clear the next shuttle, "Atlantis," and her crew for launch.

(on camera): Do you feel good about signing that thing? Are you going to feel comfortable about it?

O'KEEFE: Well, I definitely won't sign anything until I'm comfortable we are there, you bet. That's going to be a pretty tall, you know, order to have to meet the requirements that are necessary in order for us to do that. When we are fit to fly, that's when we'll go.

(END VIDEOTAPE)

O'BRIEN: Sean O'Keefe might seem to be an unlikely boss for NASA during these trying times. He's not a longtime space enthusiast. He came from the Office of Management and Budget with a mandate to clean up NASA's financial mess. He has a long resume in public service, working as a congressional staffer, and, during the first Bush administration, the secretary of the Navy.

But he does not have a background in science or in engineering. O'Keefe is a public manager by profession, and that may be just the discipline that NASA needs in the months ahead, Aaron.

BROWN: Just to be clear, is he saying that the shuttle will not fly again until all of the recommendations are implemented?

O'BRIEN: Yes. That's exactly what he's saying.

BROWN: OK.

O'BRIEN: He's going to embrace this report. And I'm told this report might have as many as 29 recommendations. You've heard about the five that are out there already. The rest will deal with these cultural issues, these organizational issues. And to address every single one of these in the time allotted, and they'd like to try to launch in the spring, is a very tall order indeed.

BROWN: Yes, that was the next question. Is a spring launch realistic at this point?

O'BRIEN: I'm told by people who are kind of in the trenches that that spring date is more just a milestone-type date. More likely, it'd probably be another year.

BROWN: Miles, thank you. We look forward to the launch one day, hopefully one day soon. Miles O'Brien in Atlanta tonight.

Few stories from around the country here, beginning in Boston.

Eleven stowaways from the Dominican Republic jumped ship in Boston Harbor today. The captain of the cargo ship reported the stowaways to authorities yesterday, promised to keep them on board and return them to the Dominican. Coast Guard local authorities quickly captured 10 of them. They're still looking for one more.

Jose Conseco was released from jail today in Florida after prosecutors dropped charges that the one-time baseball star violated probation by taking steroids. Conseco has been behind bars since late June. The state didn't press charges, ultimately, because of conflicting expert testimony on how long steroids would have stayed in his system. Conseco denied any drug use while on probation and said today, "It feels good to be out."

And sports of another sort. Pete Sampras finally made it official, what everyone knew, today at the U.S. Open. Pete Sampras, at 32, is retiring, leaving the sport with 64 singles titles, including an impressive seven at Wimbledon and five at the U.S. Open, and, to many, the greatest player of all time.

Later on NEWSNIGHT, we'll check...

(BEGIN VIDEO CLIP)

PETE SAMPRAS: I'm sure tonight will be emotional, and to be back on the court and see the fans. And it's definitely coming to terms with stopping. This is something that I love to do, and I've known since I was 7. And it's just -- it's -- saying good-bye is not easy. So, but I know it's time in my heart.

(END VIDEO CLIP)

BROWN: Pete Sampras tonight at the U.S. Open.

Later on NEWSNIGHT, we'll check morning papers. Expect that story will show up on one front page or another. Up next, we'll talk with "Newsweek"'s Evan Thomas about some interesting new poll results on Iraq and other related matters.

A break first. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK)

BROWN: And tomorrow or the next day, there will be another name to add to that list, because another soldier died in Iraq today of what Central Command is calling a nonhostile gunshot wound.

However it happened, this soldier is the 138th to die since President Bush declared major combat over, the same number as killed in major combat.

And the number of wounded, hardly mentioned, it seems, has reached about 1,000. Add to that the bombings, the wrangling in Washington over sending more troops, and this notion that Iraq is becoming what someone unfortunately called recently a mecca for terrorism.

It's no wonder a majority of Americans are more concerned than ever. It shows in the latest poll in the pages of "Newsweek"'s magazine, or "Newsweek" magazine.

"Newsweek"'s Evan Thomas joins us now to talk more about it.

It's nice to see you again.

It seems to me, at least, a little early to say quagmire or Vietnam or anything like that, but in your reporting, do you feel like -- do you get the feeling the administration is ad-libbing more than perhaps it wants to let on, that some major postwar assumptions have not come to be?

EVAN THOMAS, "NEWSWEEK" MAGAZINE: Yes. I mean, they're publicly trying to sound bullish and trying to bluster through it a little bit by saying, We've got the terrorists right where we want them, in Iraq, instead of in New York, which is a carefully rehearsed line.

But behind the scenes, they're worried. They know that they're on a course that's not aimed at success right now, and they have to change some things. And whether they have the resources and the -- and whether the public has the patience for it remains to be seen.

BROWN: What is it they feel they need to change?

THOMAS: Well, they need to change the fact that an American is dying every single day, for starters.

They need to get rid of the terrorist threat, because the next one may not be the U.N. headquarters, which was bad enough, but could be an American barracks. Now, if that happens, if you have a Beirut- type situation, where a couple hundred Americans die, those "Newsweek" poll results, which are not great for the administration, but also aren't horrible, would get horrible. Then you would see real trouble for the administration.

BROWN: But the defense secretary, the administration, by and large, the generals, are all saying, no more feet on the ground; that's not what's required.

THOMAS: They are.

They're saying it pretty emphatically. It's interesting. The outside experts, most notably John McCain, are saying what should seem pretty obvious, which is, if we have a big security problem, we're going to need more troops. But that's not what the Pentagon is saying. Rumsfeld really is against it. The Pentagon says that the generals in the field are also against it. They don't need it.

That's because I think they're stretched pretty thin. They'd like to get some international support, but they really don't want to put more soldiers in there.

BROWN: Let's talk about the poll and a little context to the poll. There are a number -- at least as I look at them -- interesting things, in that clearly the country, based on the poll, is growing a bit queasy about, if not the war itself, postwar Iraq and the cost of postwar Iraq.

THOMAS: Right.

They're still in favor -- majority are still in favor of us having gone in there. But a pretty significant majority thinks that we're not going -- it's not going to work, that we're just going to get stuck there. They also think we're spending too much money, which is interesting, because we're about to spend a lot more money.

And Bush's own numbers are down a little. I don't want to overstate this. This is not some terrible plunge into the crater. In our poll, his approval rating went down from 57 percent to 53 percent over the course of a week or two. That's not great. It's not horrible. It is still above 50. But it is drifting down. And his negatives are going up.

For the first time in our poll, by -- I think it was 48-46 -- would rather elect somebody else president in 2004. And that doesn't mean there's any particular Democrat they like, but it's something of concern for the Bush administration. And Bush's political advisers know it.

BROWN: Does it seem also that, on other issues, on the economy or health care or Social Security or the environment or whatever, that the opposition, the Democratic side, has come up some and perhaps that's just related to a disenchantment with the president in Iraq?

THOMAS: That's true.

I don't think it's so much anything that the Democrats have said. There's no particular poll we're finding that would suggest that any Democrat is breaking through in the country as a whole. Obviously, Dean has done well within the party. But the Democrats are creeping up on the domestic issues.

Now, Bush still does have -- despite the misgivings on Iraq, Bush still has a significant edge on national security and security issues. And that today is still the biggest issue. It may be the economy by the time the election rolls around. But I think the Bush folks at the White House feel that, if they can stay strong on security, that will be good enough.

BROWN: Evan, good to see you. A couple -- a really interesting pieces in the magazine this week. We appreciate your time tonight. Thank you, Evan Thomas of "Newsweek" magazine.

THOMAS: Thank, Aaron.

BROWN: A few more stories from around the world tonight before we go to break, starting in Afghanistan.

American jets today bombing an area in the southeastern part of the country. The attack was part of a joint U.S.-Afghan operation targeting members of the Taliban who have been carrying out hit-and- run attacks of late, some with considerable success. The Afghan government says, as many as 50 Taliban fighters were killed. The Pentagon places the number significantly lower.

Two deadly explosions killed dozens today in Bombay, India. Authorities suspect Islamic militant groups, although no one yet claiming responsibility. One went off at the national monument, the other near a Hindu temple. The number put the number of dead tonight at 44.

And, in Beijing, they're getting ready for talks aimed at diffusing the crisis over North Korea's nuclear program. On Wednesday, a North Korean delegation with sit down with counterparts from the U.S., Japan, China, Russia, and South Korea. They'll sit down to dinner first. That part happens tomorrow.

Still to come on NEWSNIGHT: Canadian imports, how some patients want to get their prescription drugs from Canada and the political fight under way over that idea.

It seems like a good time to remind you that, around the world, this is NEWSNIGHT.

(COMMERCIAL BREAK)

BROWN: The latest now on one of the debates going on in Congress over making prescription drugs more affordable.

One of the more maddening realities of American life is that we pay more for prescription drugs than do people in many other countries. In part, that's because drug companies here can charge what they want or what they need or what the market will bear. And in other countries, there are price controls or different market forces at play. They get the same drug for less, sometimes a lot less.

One solution -- and it is hated by the industry -- is allowing cheaper drugs to be imported. Congress may make that national policy -- may. One town in the Northeast isn't waiting.

Here's CNN's Bob Franken.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: This eliminates the bedtime shot, so I can stay up longer.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT (voice-over): Thirteen- year-old Mike Albano is getting his U.S.-manufactured insulin and paraphernalia to treat his Type 2 diabetes not from his local drugstore, but Canada.

MIKE ALBANO, DIABETIC: They all work the same. So I mean, you can get them in two different places, but they both do the same thing.

FRANKEN: But it costs half the price. His father figures, the new plan that allows Springfield, Massachusetts, city employs to reimport cheaper, price-controlled prescription drugs from Canada, will save his money about $500 a year. By the way, his father, also Mike Albano, is the mayor.

MICHAEL ALBANO, MAYOR OF SPRINGFIELD, MASSACHUSETTS: In Springfield, we can save anywhere from $4 million to $9 million by using the Canadian prescription medication program.

FRANKEN (on camera): The city is self-insured; 7,000 municipal employees, along with retirees and their dependents, can do away with co-payments.

(voice-over): They simply must decide to order their medicine from a Windsor, Ontario, mail-order pharmaceutical reimporter.

ROGER LANDRY, SPRINGFIELD POLICE DEPARTMENT: They're all name- brand. They're the same drugs that are purchased in the United States at a 20 to 80 percent discount. The cost savings is phenomenal.

UNIDENTIFIED MALE: Can I have a pill counter and a spatula?

FRANKEN: But the U.S. Food and Drug Administration contends, the drug reimport plan is legal. Local pharmacists say that, even in tightly regulated Canada, the city is sacrificing safety for savings.

NICHOLAS CREANZA, WESTERN MASSACHUSETTS PHARMACEUTICAL ASSOCIATION: We really don't know what the guidelines are for the protection of patients and their medications coming from Canada will be.

FRANKEN: Congress is involved in a fiercely lobbied debate over whether to change the law, under pressure from those who argue they must leave the United States to buy affordable medicine.

MIKE ALBANO: Works on me. I'm a living example.

FRANKEN: Bob Franken, CNN, Springfield, Massachusetts. (END VIDEOTAPE)

BROWN: More on this now. We're joined by Susan Dentzer, the health correspondent for "The NewsHour" on PBS. She's in Washington.

Glad to see you.

On the question of safety, which has been a principal industry argument and the political argument against this, how real an argument is that in this respect? The countries that we are talking about importing these drugs from, whether it's Canada or Germany, England, they have systems for safety.

SUSAN DENTZER, PBS REPORTER: No question about it, Aaron.

All of those countries, in fact under the House proposal now in Congress, drugs would be allowed to be imported from Canada, the European Union and nine other industrialized countries, including Japan. So these countries, as you note, have very sophisticated regulatory systems of their own. The concern is not so much that drugs approved for use in those countries would be dangerous if allowed back into the U.S.

It is really a question of broadening the channel of importation, such that you could have a lot of nefarious people get into this business. You could have counterfeit drugs. You could have fake drugs. You could have efficacy not assured. Or you could have drugs that had expired. And that's really what the Food and Drug administration is most worried about, that you create a broad channel for illegal, counterfeit, and other drugs to come into the United States.

BROWN: And so for those of us who perhaps are more cynical than we should ever be on anything, is it fair to say this isn't simply about profits for the drug industry?

DENTZER: Well, for those who want importation to be allowed, the name of the game is bringing pricing pressure on the drug companies. It's lowering prices here in the United States.

Everybody, even the most ardent supporters of this legislation, say it is not the most efficient thing to take drugs that, in some instances, are produced here in the United States, shipped to Canada, and turn around and reimport them back into the United States. Nobody is doing this because it is efficient. Nobody is proposing doing it because other countries have terrific drugs that we can't get our hands on here in the United States.

The name of the game is bringing about additional pricing pressure on pharmaceuticals in the United States and possibly creating other avenues to lower drug prices.

BROWN: So that I understand that, is the bill itself, then, a kind of hammer over the industry that says, well, maybe if you come up with some plan of your own, we won't drop the hammer?

DENTZER: Well, frankly, it is hard to psychoanalyze these legislative proposals.

BROWN: OK.

DENTZER: But let's put it this way.

You have a strange situation here where, in the House Medicare reform bill, which would create a new outpatient prescription drug benefit for Medicare beneficiaries, the secretary of health and human services is specifically forbidden from negotiating drug prices. Now, however, we also have this importation provision, which effectively says that the secretary has to allow importation of cheaper drugs from other countries.

It is a way of essentially saying, we're not going to regulate drug prices in United States. We're just going to piggyback on other countries that regulate drug prices in some way. It is a little bit of an oddball mechanism. But, as I say, the supporters of this feel that Americans are being gouged and that we need to do something to lower drug prices.

BROWN: About half a minute. And I apologize for this in advance. How do you gauge the prospects of the legislation? Is it possible?

DENTZER: This one is very hard to call. Importation has been kicking around for several years. In fact, there's an importation statute on the books, which, so far, two secretaries of health and human services, Donna Shalala in the Clinton administration and Tommy Thompson in this administration, have refused to implement, because they said they could not certify the security of the public health and the public safety if they allowed drugs to be imported into the United States.

This passed, however, this time around, a much broader measure, at least in the House. And it has introduced a whole new wild card into the Medicare reform debate, which was up for grabs in the first place. So I think most people who even handicapped this are saying this one is very hard to call, because there are many supporters on the left and on the right, as well as people in the middle, who have said they will not support Medicare reform without some sort of importation provision being incorporated into it.

BROWN: Susan, thank you. It's a complicated issue. We appreciate your time tonight. Thank you very much.

DENTZER: My pleasure.

BROWN: Thank you.

Ahead on NEWSNIGHT: the Mexican standoff over criminals hiding out south of the border and why they are and why they are not being brought back.

A break first. This is NEWSNIGHT on CNN.

(COMMERCIAL BREAK) BROWN: Four years ago tomorrow, a devoted father name Carlos Vara was shot and killed by his son-in-law at his home in suburban Los Angeles. Tonight, for all we know, he's sitting free watching this program on TV in Mexico. Police both here and there know where he is. He need not fear them. And he is not alone.

(BEGIN VIDEOTAPE)

BROWN (voice-over): It was late on a spring afternoon four years ago, not far from this gas station just south of downtown Los Angeles.

(BEGIN AUDIO CLIP)

OPERATOR: 911.

ANNABELLA VARA, VICTIM: Yes. I need help.

OPERATOR: Where are you?

VARA: I'm on the street. I'm driving behind my husband. And he has a gun.

(END AUDIO CLIP)

BROWN: Annabella Perez was in her car following her husband, Daniel. But from her cell phone, she told police, he suddenly maneuvered in back of her.

ANNABELLA VARA, VICTIM: He's banging my car. He's on the side of me trying to run me off the road.

(BEGIN AUDIO CLIP)

OPERATOR: Where are you, ma'am?

VARA: Please hurry. Oh, my God. Hurry. Hurry.

(END AUDIO CLIP)

BROWN: That 911 call was transferred to three different police agencies. And by the time squad cars from Southgate Police arrived at the gas station, Daniel Perez, they say, had shot his wife in the head, leaving her for dead. It was three hours later when police finally found him.

JAN MAURIZI, ASST. DA, LOS ANGELES COUNTY: Daniel Perez was arrested. And he was charged with the attempted murder on Annabella. And the case went through the normal procedures, preliminary hearing. It went to trial rather quickly.

BROWN: The day before closing arguments, Annabella's father, Carlos Vara, testified that Daniel had telephoned him after the shooting, trying to establish an alibi that would exonerate him.

That very night, police say, Daniel Perez came to his shot and shot Annabella's father to death. VARA: Daniel entered the house. And my dad pretty much confronted him. And he took like seven bullets, I believe. I'm not sure, but one to the head. That is what killed him. And he died instantly.

BROWN: The next day, Daniel Perez was convicted in absentia of attempted murder of Annabella and sentenced to life in prison. He was then charged with the murder of Carlos Vara, but he had fled. Police are convinced he went to Mexico to a village north of Mexico City.

MAURIZI: There is no justice for Annabella right now. It's a perfect example of what happens when you have a double system of justice.

BROWN: A double system because, even though Mexican authorities know where Daniel Perez is living and even though American authorities know as well, he cannot be extradited. Mexican law prevents it because Daniel Perez was convicted in absentia and is subject to the death penalty in the United States because of the murder of Carlos Vara.

MAURIZI: At this point in time, we are completely unable to secure his return, to get him back here, so that he can serve the sentence that he was given, so that he can stand trial for the murder of Annabella's father.

BROWN: And if you think this case is unique, would you be wrong.

MAURIZI: I know of, just in L.A. County, 150 cases where the fugitives have fled to Mexico, where we have verified that they're in Mexico and actually warrants have been issued for their arrest in Mexico. That doesn't account for what could be thousands of other cases where warrants have been issued and we don't know where those fugitives are.

BROWN: Mexican officials say nothing will change unless life-in- prison sentences are changed and the death penalty is taken off the table.

As an alternative, the Mexican government has offered trials in Mexican courts, maximum sentence, 60 years. For Annabella Vara, that's not enough.

VARA: It's a bigger picture now. It's not just my case. It is changing something that will benefit all of us. So I'm willing to fight for that and for my dad. I know that, if it would have been me that day on April 9, my dad would be sitting here.

(END VIDEOTAPE)

BROWN: We'll take a break, morning papers when we come back.

(COMMERCIAL BREAK)

(ROOSTER CROWING)

BROWN: Oh, I miss that when I work short weeks. But I'm going to work one more before summer ends.

Time to check morning papers from around the country and around the world. I could do the whole thing on "The New York Times." For August, there's some terrific stuff in the paper tomorrow. "New York Times." Their main Iraq story: "Shiite clerics clashing over how to reshape Iraq. Young clerics wanting an Islamic state now. Older clerics counseling patience." And down in the corner here, this is a very cool story. "Tricking the bitter taste buds. Researchers seek sweet disguise." It's basically ways science is working to trick your tongue into thinking you're having more fun eating than you actually are. And the deficit expected to grow to $500 billion. Sleep on that one tonight.

"The Boston Herald," "Evil Plot" is their headline on the Geoghan murder up there. And, "Pedro" -- I have to mention this -- a really bad week for my Seattle Mariners -- "Thrives on Boston's Intensity." Mariners lost again.

In Boston, "The Oregonian," speaking of baseball, "Baseball stadium bill clears legislature." This is another one of those publicly funded baseball stadiums. I love how capitalism works. And this is an awful story. "Sorrow hits Douglas County. Community mourns the loss of firefighters." I think there were eight of them killed in a wreck. Pretty sad tale, this.

I love stories like this. It comes from the "Washington Times." Stories that sort of defy conventional politics. "Rights advocates slam new screening system. Plan seen based on flawed premise." This has to do with how the government plans on screening out terrorists from airports, liberals and conservatives having trouble with that. So, we like that story.

"The San Francisco Chronicle": "Businesses pouring cash into actor's campaign. Schwarzenegger collects $725,000 in new donations over the weekend." That's a better weekend than I had. That's "The San Francisco Chronicle."

How we doing on time? Thirty-eight, OK.

"Chicago Sun-Times." "Special forces take out Taliban fighters." Here's what I like about -- see if you can get a closeup down there. This is a young soldier in the Tigris River in Iraq being baptized. And he says, "I realize death is walking in this place." And they say there are no atheists in a foxhole. And that's sort of proof of that.

And, by the way, we should never end the program without telling you what the weather is in Chicago, in case you're there: twice baked. That's "Chicago Sun-Times."

One other good story. We don't have time. That's morning papers.

We're all back tomorrow. Until then, good night for us all of at NEWSNIGHT.

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