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CNN Connie Chung Tonight
Separated Twins on Road to Recovery; Chilling September 11 Tape Surfaces
Aired August 06, 2002 - 20:00 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.
CONNIE CHUNG, HOST: Good evening. I'm Connie Chung.
Tonight, the twins are separated and still fighting for their lives.
ANNOUNCER: Conjoined twins, separated after a 22-hour separation, now must overcome the challenge of recovery.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This is very complicated surgery, and until we get past several days, it will be life threatening for both of them.
(END VIDEO CLIP)
ANNOUNCER: What's next for the little girls?
Tonight, the attack on tape. For the first time, a tape is uncovered that captures the chilling horror of what happened at the World Trade Center on September 11.
He's charged with kidnapping and murdering the little girl next door.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He found her hair, Danielle van Dam's hair, in his bed.
(END VIDEO CLIP)
ANNOUNCER: After months of testimony, final arguments in the David Westerfield trial.
Inside the home of Robert Blake the night after his wife was murdered. Tonight, for the first time, pictures of what the cops found and what they didn't.
This is CONNIE CHUNG TONIGHT. Live from the CNN Broadcast Center in New York, Connie Chung.
CHUNG: Good evening. Tonight a 1-year-old girl named Maria Teresa Quiej-Alvarez is in the fight of her life. After 22 hours of surgery to separate her from her twin, she was brought back into surgery. The problem: a build-up of blood on the surface of her brain. She's now out of surgery, and the lead surgeon in that operation spoke just a few minutes ago.
(BEGIN VIDEO CLIP)
DR. JORGE LAZAREFF, PEDIATRIC NEUROSURGEON: Considering the type of procedure that they had, they are doing extremely well. One of them had to be taken back to the O.R. this morning because she had developed a collection of blood between the stem and the brain that was pushing on to her brain. And we took care of that, and she's back to the intensive care unit and she's stable, as well as Maria de Jesus, she's also doing very well.
(END VIDEO CLIP)
CHUNG: We'll speak with Dr. Lazareff live in a moment. But first, CNN's Gary Tuchman has been on the story of today's second operation as well as the initial surgery to separate Maria Teresa and Maria de Jesus.
(BEGIN VIDEOTAPE)
GARY TUCHMAN, CNN CORRESPONDENT (voice-over): Two 1-year-old girls happy and playful. The only life each has known has involved being attached head to head to the other. This was a bittersweet moment for their 20-year-old father because Maria Teresa and Maria de Jesus were only minutes away from their momentous but risky surgery.
They were wheeled into the operating room and the exhausting and pressure packed surgery began. Day turned into night and night turned into day. And after some 22 hours, doctors had succeeded in separating these two sisters from Guatemala.
DR. MICHAEL KARPS, DIRECTOR, UCLA MEDICAL CENTER: I think it went even better than I hoped for. We had serious concerns about what they would find when they actually saw the venus system, the veins, that they had to separate. Apparently, it was as they thought it was going to be. The separations went very smoothly. So, I couldn't have asked for better.
TUCHMAN: More than 50 doctors and nurses participated. Also inside the operating room, medical students, including this man.
HOUMANI HEMMATI, MEDICAL STUDENT: It was very emotional. A lot of people were crying, the doctors, nurses alike, even the students, some of the cameramen had a couple of tears they had to brush off. So, it was very emotional, sort of.
TUCHMAN: But there was a complication.
KARPS: At 9:17, Maria Teresa was taken back to the operating room to deal with a subdural hematoma. TUCHMAN: Which is a collection of blood on the surface of the brain. The medical center director declared this was not entirely unexpected, and until the girls make it through several days, the situation is still life threatening. The doctors are doing their work for free. Medical expenses for the family are being picked up by the hospital. And the charitable group Healing the Children is providing financial help for the girls and their parents.
CHRIS EMBLETON, HEALING THE CHILDREN: I truly believe that we are still going to have our miracle. And the only thing I would really ask the world to do is to pray for these little girls.
(END VIDEOTAPE)
TUCHMAN (on camera): Well, little Maria Teresa underwent five hours of surgery for the hematoma. We are happy to tell you that doctors came out a short time ago and tell us the surgery went well. So, both little girls are now in critical but stable condition. They're in intensive care, lying side by side next to each other for the very first time in their lives. Connie, back to you.
CHUNG: Gary Tuchman, thank you very much for that wonderful report.
Now, joining me now is one of the 50 strong medical team, doctors and nurses, who spent almost 24 hours in that operating room, UCLA Medical Center pediatric neurosurgeon Dr. Jorge Lazareff. Dr. Lazareff, thank you so much for being with us. Congratulations to you and all the other doctors and nurses.
LAZAREFF: Thank you. And I have to emphasize that this was an outstanding team work and it's a team effort. And it's a team effort that is still going on in the intensive care unit.
CHUNG: Absolutely. And I see that you are quite an international team as well. Tell me, how are the girls?
LAZAREFF: They're doing clinically well. Their vital signs are stable, and they essentially are sedated in order to have a better control of their breathing. But we will start waking them up. They will be able to start moving. And we are very, very hopeful based on what we see that the outcome will be better than we expected and sooner than we expected.
CHUNG: How long will they be sedated?
LAZAREFF: They will be -- we would like to have them at least 48 hours after surgery. It means the all of today and Wednesday, and then starting on Thursday or Friday, how they will tolerate slowly process of waking up.
CHUNG: As I understand it, they are still in a life threatening situation, correct?
LAZAREFF: Yes. They still can develop consequences of the interruption of the venus outflow that we had performed during -- at the surgery yesterday. But as the hours roll by, the likelihood of that happening are diminishing.
CHUNG: I understand that when you got into the main part of the veins in their brain, you did discover that the brains were separate, and that was very fortunate, is that correct?
LAZAREFF: That's right. I think that they didn't share any single cell. They basically shared large venus structures. And both the girls had different personalities even. They were easy to distinguish who was who, or who is who.
CHUNG: Really? Tell me, what is Maria Teresa like and what is Maria de Jesus like?
LAZAREFF: Maria Teresa is slightly more bossy of both of them. She's the one who wakes up the other one and pulls her around. And she's the one who constantly seeks for your smile and your approval, whereas the other twin is slightly more withdrawn, but still is very socially -- sociable.
CHUNG: Yes. And they're so beautiful, too, aren't they? Just gorgeous little girls.
LAZAREFF: Absolutely.
CHUNG: Now tell me, when Maria Teresa had to go back into surgery, I'm told that it wasn't unexpected that she would go back in for this problem. But were you very concerned during this second stage of her operation?
LAZAREFF: Yes, we were because we didn't know what was the source of the bleeding and we feared that that was a consequence of the procedure that was done on Monday. Fortunately, we were fine, we were able to relate the source of the bleeding with the venus structures in the skull and some bleeding from the bone. So, basically, the complication that she had today was not directly related to the procedure we did on Monday.
CHUNG: Give me an idea, Dr. Lazareff, what the feeling was when the girls were finally separated in that surgery room, in that room where there were so many doctors and nurses working together. At the moment that they were separated, what happened in the room?
LAZAREFF: As you said, there were many people in the room at that time, so each one probably ran through a different stream of emotions. But the actual team who were working on the girls, we immediately moved to the next step without even thinking that they were separated as that being meaningful in itself. We immediately had to protect the brain. We immediately had to start working on the skin flap. So I think that for Dr. Frazis (ph), Freit (ph), Kamamoto (ph) and Dr. Nietu (ph) and me, two to three hours after we actually realized that the girls were separated.
CHUNG: So, you were too busy to cheer about it?
LAZAREFF: That's right.
CHUNG: Were you actually awake and standing for those entire 22 hours, you personally?
LAZAREFF: Yes, I was and so were many, many of the other doctors in the O.R. And it was the emotion of the moment that kept us running and we were anticipating all the problems that we thought would actually appear and they eventually did not come up. So, the thrill of the moment and the thrill of working with such an outstanding team make us not being aware of the time that transpired (ph).
CHUNG: Dr. Jorge Lazareff, I'm just so happy you took the time to talk to us. Thank you so much. Again, congratulations. We'll check in to make sure everything's OK.
LAZAREFF: Thank you, and I will pass this message to all my team. Thank you very much.
CHUNG: Wonderful. Thank you so much.
LAZAREFF: Thank you.
CHUNG: And joining me now from Denver are parents who have lived through a similar ordeal, Jim and Emily Stark accompanied by the little girls -- and there they are -- who made it through.
Lexi and Syd, 17 months old.
Emily and Jim, I'm so happy to see you.
JIM STARK, FATHER OF FORMERLY CONJOINED TWINS: Thanks, nice to see you, too.
EMILY STARK, MOTHER OF FORMERLY CONJOINED TWINS: It's great to see you, too.
CHUNG: We have to tell the viewers that I was lucky enough to visit you when the girls were still attached to each other, and I actually held them.
J. STARK: Yes, you did.
CHUNG: Yes, and they were amazing. I mean, they were heavy.
J. STARK: Before they were separated we had 30 pounds of kid total, so it was a lot of kid there.
E. STARK: Exactly.
CHUNG: Oh my gosh.
And when I saw them they were, what, about 5 months old, do you think?
J. STARK: 4 1/2-5 months.
E. STARK: Right around there, yes.
CHUNG: Yes, all right. So tell me how they are. How are -- which one are you holding, Emily?
E. STARK: I'm holding Sydney...
CHUNG: OK, and Lexi's over there...
E. STARK: ... and then Lexi is over there.
CHUNG: ... with Jim.
All right, how are they?
J. STARK: Doing great. Typical 17 months old. Just running in both directions, keeping us busy as can be.
CHUNG: Right. No problems?
E. STARK: No. It seems like there are no ill effects. You know, and I think it's amazing how children are so resilient after something so amazing like a separation.
CHUNG: Yes. Well, let's go back to the beginning. I remember when you told us you had learned that your twins were conjoined just from an ultrasound when the children were still inside you.
Emily, when you found out -- when you and Jim found out that they were conjoined, you went home and what did you do?
E. STARK: I think James and I just really fell apart. You're so unsure of what news you just received, and you're not sure, what does that really mean for you and for your children.
So I think -- the first day I think we were in shock, and then after that we wanted more information. We wanted to figure out what we need to do to move forward.
CHUNG: Right, and you had to make a decision -- oop, there goes one.
You had to make an important decision. And I think you decided that you were going to, certainly, keep them, and you were going to proceed with the pregnancy and you were going to have them separated.
But there were, like, at least two main things that you were concerned about. And what were they? That the girls -- that you wouldn't have to sacrifice one?
E. STARK: Right. That was a huge part of our decision-making process, was we did not want to have a sacrificial situation. And when we spoke to our neurosurgeon at the very beginning, he didn't feel there would be a sacrificial twin, in essence.
J. STARK: Right. Survival wasn't necessarily an issue with them. The big issue was whether or not the girls would be able to ever walk because they were joined at the spine.
CHUNG: Exactly. I was just about to ask you: What did they share?
J. STARK: Right. They were basically butt cheek to butt cheek. They shared both butt cheeks, and then they were joined at the spine where it came together. It almost looked like a "U" where it joined, so...
CHUNG: And once again you were saying the risks were, paralysis, certainly?
J. STARK: Paralysis, that was really the main one. Then, of course, any time you operate, infection, various other things, I think.
But that was the big one. And we decided that wasn't a big enough issue to not have them separated.
E. STARK: Right.
CHUNG: Now, finally, you have, by Caesarean section, Lexi and Syd.
And you were concerned, Emily, about your reaction. What, in fact, happened when the babies were born?
E. STARK: You know, I think when you see your child for the first time, it's that, what have I been carrying this whole time? What do they look like? You know, and all those unknowns. And for us there was even a bigger unknown of really -- are they really conjoined? You know, you want to see it in person. And then just the unknown, I think, was our biggest problem.
J. STARK: Right.
CHUNG: And Jim, when you saw them, what did you think?
J. STARK: Yes, I was worried, too. I was worried how I would accept them. And I just thought they were the most beautiful things I had ever seen, and I just started crying. It was probably one of the happiest days of my life, to see that they were happy and just ready to go.
CHUNG: Now what -- how did the surgeon describe the moment that they were separated, because I actually can't remember. Did he have a special description for it?
J. STARK: Yes. The whole room, the moment they were actually -- the final cut was made and they separated them, the whole room just erupted in cheers, and people were clapping and crying. And we saw some footage of that, and it was quite an emotional moment. So they were all just thrilled.
CHUNG: Now, I remember Lexi and Syd were looking in different directions when they were connected, right?
J. STARK: Correct.
E. STARK: Right.
CHUNG: So Emily, the first time that they were put side by side and saw each other, what happened?
E. STARK: It was a disaster.
CHUNG: You're kidding.
E. STARK: No. We really expected this big Hallmark moment of oh, there's my sister, where have you been the last seven months?
You know, so we expected this great moment. And it ended up where Lexi was just screaming, get this person out of my space. And Sydney threw up everywhere...
J. STARK: Right, and I think one of them threw up.
E. STARK: And it was just a disaster. So from that moment on they've always been in separate cribs.
CHUNG: Do they like each other now?
E. STARK: They love each other.
J. STARK: Best buddies.
E. STARK: I think they're partners in crime, is what they are.
J. STARK: If one sleeps a little longer, the other one is waiting for her to wake up just so she can be her partner.
CHUNG: Are they in the same room?
E. STARK: Oh yes, yes. Their cribs are next to each other.
CHUNG: Now tell me, you've, I'm sure, been watching these twins from Guatemala and going sort of with this family and, you know, experiencing the same kinds of things they are.
But tell me this: Was it worse, or is it worse, during the surgery or after, until they get out of the woods?
J. STARK: I think it was worse after. I think during, you just -- you know they're in the hands of these trained surgeons, the doctors who have dedicated their lives to doing this type of thing. So that was -- that was reassuring.
But afterwards it's almost like nature's going to take its course. If infection's going to set in, it's going to set in.
So I think that was the worst part of it. I think we were so confident with our surgeons that, at that point, during the separation we were fine. It was...
CHUNG: But you know, you've said that to me before, that you were very confident. But they had never done this operation in Denver before, had they?
E. STARK: Well, essentially they've never done this -- they've done every single part of the operation, just never in a sequence with this many people at once.
CHUNG: I see.
E. STARK: That's what the catch was, is they -- normally you don't have to get a team of 30 people together and do it, who's going to do what, when, where, how? So every surgery was not a first.
CHUNG: All right. So it was how many days later that they were actually able to leave the hospital?
E. STARK: Eight.
J. STARK: Yes, eight days after.
CHUNG: Isn't that amazing?
E. STARK: It is. We were shocked. We were shocked.
J. STARK: We were floored when they told us, it's time to go home.
E. STARK: But we were packed and ready to go in minutes.
J. STARK: Yes, as soon as they said -- no, we didn't want to stay another day...
E. STARK: No.
J. STARK: We had been in the hospital enough between all the prep surgery. So we were ready to leave.
E. STARK: Exactly.
CHUNG: All right, so they're 17 months old and they're walking.
E. STARK: Yes.
J. STARK: Oh yes.
CHUNG: I mean, you know, and a lot of kids are walking maybe a little after a year, but certainly 17 months is excellent.
Any complications, any problems?
J. STARK: Not really. If you didn't know they were conjoined, I don't think you would know they were conjoined.
I think -- we've been going to physical therapy and the physical therapists are just totally thrilled with their progress. The neurosurgeon's thrilled. Everyone's happy, so we're happy.
CHUNG: Do you need any -- will they need any reconstructive surgery on their tushies?
E. STARK: We're going to wait. What we figure is they've been through five surgeries now, you know, and they're only 17 months old. We're going to wait until they're somewhere around high school, and if they complain enough, we'll look into it.
CHUNG: Any quick advice for the other family?
J. STARK: I think just hang in there. God will help you through it.
E. STARK: Just keep the faith, and thank heaven, and everyone's praying for you. That the power of prayer is amazing.
CHUNG: Absolutely. Emily and Jim, I'm so happy to see you. I'm sorry we can't -- you know, I have to come and see the girls now.
J. STARK: We would love to have you.
E. STARK: We need to get a picture this time.
CHUNG: Yes, absolutely. Thank you so much, and kisses to Syd and Lexi.
J. STARK: Thanks.
E. STARK: Thank you.
CHUNG: Bye-bye.
J. STARK: Bye.
E. STARK: Bye.
CHUNG: Still ahead: for the first time the only known audio tape to capture the entire sequence of the attacks on the World Trade Center. We'll listen to it.
ANNOUNCER: Still ahead:
(BEGIN VIDEO CLIP)
UNIDENTIFIED LAWYER: Exclude him from what they found in his house, in his bedroom, in his bed.
(END VIDEO CLIP)
ANNOUNCER: Both sides get their last words in a trial that's boiling over with emotion. The man accused in the murder of Danielle van Dam now awaits his fate.
CONNIE CHUNG TONIGHT will be right back.
(COMMERCIAL BREAK)
CHUNG: Tonight, the sound of terror, chaos and horror. CNN has obtained a copy of an audio tape made by the FBI on September 11. The FBI had wired an informant who was meeting a suspect in a tax assessment case at the World Trade Center complex. Their meeting was interrupted by the sound of American Airlines Flight 11 crashing into the North Tower. But the tape rolled on, providing the first known complete audio recording of the attacks. CNN's Bill Hemmer has been listening to those tapes and joins us now to share some of the contents -- Bill.
BILL HEMMER, CNN ANCHOR: Good evening, Connie. Chilling stuff on here, too. On the morning of September 11, Steve McArdle (ph) is the man's name. He was working as an informant for the FBI. McArdle is wearing a wire.
His job at the time is to tape record a meeting of tax assessors inside the Marriott Hotel. That hotel was located at the foot of the former towers. McArdle is doing his job at the time, talking about the ins and outs of bribery, when that first tower is struck. What you're about to hear is the first plane hitting the north tower followed by some confusion, and then McArdle's dash for the door outside.
(BEGIN AUDIO CLIP)
UNIDENTIFIED MALE: Oh, my God.
UNIDENTIFIED MALE: Oh, my God.
UNIDENTIFIED MALE: Let's get out of here.
UNIDENTIFIED MALE: You wanna go?
(END AUDIO CLIP)
HEMMER: It was at that point the room scrambled inside, taking McArdle about two full minutes to make his way to the street sidewalk outside. That's where a woman stops him, and you can hear clearly in other parts of tape, where she's asking him about what's happening up above.
So many people on the street wondering what indeed just took place. About seven minutes after the first explosion, you hear a number of people screaming. We are told that that's McArdle and the people on the ground just beginning to realize that people were jumping at that time from the north tower.
Roughly 10 minutes after that conversation, another explosion is heard. It's 9:03 a.m. at that point. The second tower hit by United Airlines Flight 105. The crash is so loud, in fact, that recording is distorted. Once again it is believed to be the only known uninterrupted audio recording the entire attack in New York on that fateful day, September 11. An amazing fingerprint coming to light now, Connie.
CHUNG: It's chilling to hear it. Bill, did McArdle have conversations with people on the street, and was that recorded as well as he was presumably leaving the scene? HEMMER: The tape is about 90 minutes in total length. We only hear about 30 minutes where the two planes are hitting and then the ensuing confusion. About an hour prior to that, though, Connie, it seems like such an amazingly normal day. Almost eerie. You hear him McArdle going in and buying a pack of Marlboro cigarettes. You hear the sounds of Rod Stewart in the background, playing in the background music. When he gets inside the restaurant you can hear the din of a normal breakfast -- glasses tinkling and people just talking about going through their day.
And at one point he also says, walking through the atrium, he says, "Isn't this great? I love this place."
CHUNG: Oh, my gosh.
HEMMER: You can hear that on the tape, too. A lot more tomorrow morning on "AMERICAN MORNING" as well, 7:00 a.m.
CHUNG: Why is this just coming to light? Because it's been a long time.
HEMMER: Good point. The FBI had it. The "New York Daily News" actually broke this story earlier today. They provided us here at CNN with a copy of this tape. Back in February 18 indictments were handed down. There's a trial set for November. It's quite possible that Steve McArdle will be on the witness stand testifying during that case.
CHUNG: You mean the Moussaoui case?
HEMMER: No, a different one.
CHUNG: Oh, Steve McArdle, on the tax assessment case?
HEMMER: Exactly. He was the guy who was wired. He was the guy who was working as the informant for the FBI.
CHUNG: Yes.
HEMMER: He could once again be profiled quite highly in that case.
CHUNG: So they obviously went ahead and arrested a number of people...
HEMMER: Yes, they have been indicted and charged, and if the trial goes forward, as expected, it will take place in November.
CHUNG: So is that the significance of this tape, or is there greater significance?
HEMMER: The big significance that most people are applying right now, it's the longest audio recording, uninterrupted, that we have heard so far that contains both collisions of the planes. The other thing that a lot of people are pointing significance, they believe that there's an enormous sound on this tape which is what they think represents the dripping of flaming jet fuel dripping down through the north tower. It is tough, tough stuff.
CHUNG: All right, Bill, thank you so much.
HEMMER: Sure. You got it.
CHUNG: You'll have more on "Nightline?" I mean "NEWSNIGHT."
HEMMER: "NEWSNIGHT," that's right, with Anderson Cooper sitting in for Aaron Brown at 10:00 p.m.
CHUNG: Great. And then you have to get up in the morning again.
HEMMER: That's right. "AMERICAN MORNING," 7:00 a.m. Eastern time.
CHUNG: OK, we'll see you and Paula then.
HEMMER: You got it.
CHUNG: Thank you.
When we come back, closing arguments before the jury will decide whether David Westerfield killed little Danielle van Dam. Stay with us.
ANNOUNCER: Still ahead, never before seen footage taken inside the home of Robert Blake the night after Bonnie Bakley's murder, when CONNIE CHUNG TONIGHT continues.
(COMMERCIAL BREAK)
CHUNG: We'll continue, but first let's go to Anderson Cooper in New York with a look at tonight's developing stories "To the Minute." Good evening, Anderson.
(INTERRUPTED FOR "NEWS ALERT")
CHUNG: In San Diego, the prosecution went first today, summarizing its case to convince the jury that David Westerfield kidnapped, molested and killed Danielle van Dam. Closing arguments began today, and CNN's Rusty Dornin was there.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): A little girl who never got to see her 8th birthday, a fact prosecutors say was sometimes lost in the often sensational trial of David Westerfield, the neighbor accused of kidnapping and killing 7-year-old Danielle van Dam last February.
In closing, prosecutor Jeff Dusek told the jury to pay close attention to DNA evidence he claims points directly to Westerfield. Two days after van Dam was kidnapped, Westerfield delivered some laundry to a nearby dry cleaners. Included was his jacket.
JEFF DUSEK, ASST. DISTRICT ATTORNEY: On the jacket was Danielle van Dam's blood, on his jacket taken to the dry cleaners that morning when it's cold out, when he doesn't have his clothing on. That in and of itself tells you he's guilty beyond a reasonable doubt.
DORNIN: But reasonable doubt is exactly what the defense hit upon.
UNIDENTIFIED MALE: If there's two reasonable interpretations of the evidence, one pointing to the defendant's guilt, the other pointing to his innocence, you must, no choice, must adopt the interpretation pointing to innocence and reject the interpretation pointing to guilt.
DORNIN: A trial filled with tales of sex parties and drugs, tales that often seemed to overshadow the kidnapping and murder of a little girl. Jurors heard one witness claim she saw Brenda van Dam dancing with the accused killer in the bar the night her daughter was kidnapped.
UNIDENTIFIED FEMALE: Mr. Westerfield and Mrs. van Dam were dancing.
UNIDENTIFIED MALE: Did you notice whether or not she appeared to be rubbing herself all over him?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: Those were your words, weren't they?
UNIDENTIFIED FEMALE: Yes.
DORNIN: The defense says that's that's how Danielle's hair came to be found on Westerfield's clothing. That's why the evidence was discovered in the suspect's house and motor home.
The defense also called an expert witness who claimed Danielle's body wasn't exposed to insects until sometime between February 12 and 21st and, therefore, was not murdered until then. Defense attorneys argued Westerfield was under close police surveillance long before then, so he couldn't have killed her. Prosecutors say the body was so decomposed, she died much earlier.
DUSEK: She was killed in early February, before his alibi kicks in.
UNIDENTIFIED MALE: Wrong! You didn't hear any evidence in this trial at all.
DORNIN: Alibis that are very credible, argued defense attorney Stephen Feldman in his highly charged close. In sharp contrast, his client, David Westerfield, sat registering little emotion, as he has throughout the two-month trial. The jury is expected to begin deliberations later this week.
Rusty Dornin, CNN, San Diego, California.
(END VIDEOTAPE) CHUNG: CNN's legal analyst Jeffrey Toobin, who attended some of the trial's proceedings, joins us now with his thoughts. You know I love having you hear.
JEFFREY TOOBIN, CNN LEGAL ANALYST: I love being here.
CHUNG: OK. Did the prosecution -- well, obviously, the prosecution believes that David Westerfield did carry out this kidnapping and murder. Did the prosecutor lay out exactly how he committed the crime?
TOOBIN: Well, that's the interesting thing here, is we -- no one knows exactly how this crime took place. And the prosecutor, the gap in the case is how did Westerfield get into the house? Why didn't he leave any evidence if he was there? You know, no hair, no fiber. There is no evidence that Westerfield was ever in the house.
Plus, Danielle's body was so decomposed by the time it was discovered, we don't know the exact cause of death either. So, those are the two big gaps in the prosecution's case. But they have a lot of evidence in addition to those gaps. So it's not what I would call a weak case, although, understandably, Stephen Feldman is pointing to those gaps.
CHUNG: Now, that's the defense attorney.
TOOBIN: Right.
CHUNG: But what is the DNA -- you've always said it was the DNA evidence that was so strong.
TOOBIN: Right. Danielle's blood is on Westerfield's jacket. Danielle's blood is in the motor home. Her hair is in his bed. In fact, one of the most chilling moments today in Jeff Dusek's, the prosecutor's summation, when he dwelled on that point. Her hair in his bed, her hair on his pillow. I mean, the image is so painful, it's so awful of this poor girl, you know, lying in that bed, that is something that I'm sure the jury will be taking with them.
CHUNG: But the fact that no trace of Westerfield was found in the van Dam home, doesn't that create reasonable doubt?
TOOBIN: Well, the jury will ultimately be the judge of that. You know, one of the things that the prosecutors always say is, you know, don't focus on what evidence isn't there. Focus on what evidence is there. Just because he didn't leave his hair, he didn't leave trace evidence, doesn't mean he wasn't there. What Busek (sic) was focusing on is what evidence was there.
And, interestingly, the dirty dancing theory, that's how the defense says the hair was transferred. But the defense has yet to offer any explanation of how her blood, the victim's blood, got onto Westerfield's clothing and into his trailer. That, to me, remains the most devastating evidence in the case.
CHUNG: And the dirty dancing explanation, does that appear to you as being rather farfetched?
TOOBIN: It seems rather farfetched to me because, if you think about it, her -- the hair and fiber evidence has to rub off of Danielle on to her mother's clothing on to his clothing and into a place, you know, where a victim very likely would be taken. I mean, you know, who's to say how the jury will react. But, boy, it sounds farfetched to me.
CHUNG: All right. So, now it's the defense's turn. And what's your sense on what that strategy will be?
TOOBIN: Well, very elaborate discussion of reasonable doubt. What is reasonable doubt, why it's so important. Feldman did something, the defense attorney, very -- not so unusual, but very explicit. He said he made a pitch for a hung jury. He said if it's 11 to 1 and you're that one person, you have the obligation to stick to your guns. I mean, it was a real explicit pitch for a hung jury.
He's also going to be focusing tomorrow when he finishes on time of death because that's the infamous bug evidence in this case, the evidence of the bugs that were on Danielle's body. It's sort of ugly to say, but, I mean...
CHUNG: So repulsive, yes.
TOOBIN: ... it's very important evidence in the case. And Feldman's interpretation is that based on that evidence, she could not have been placed there before February 5. And before February 5 -- after February 5, he was under surveillance. So that's something he will hit very hard tomorrow. There was a lot of contradictory evidence about that. Jeff Busek (sic) addressed it as well, saying, look, it's totally ambiguous, couldn't prove whether she was put there or after -- or was not put there before or after February 5. But that's a big part of the defense case.
CHUNG: OK. And then, just very quickly, when do you think the jury's going to get the case?
TOOBIN: Could be end of the day tomorrow. Judging by the stately pace at which this case has progressed, I would say Thursday, more likely.
CHUNG: All right. Jeffrey Toobin, thank you.
TOOBIN: Interesting case.
CHUNG: It really is. But it's very strange.
TOOBIN: It's odd. I mean, and he's an odd guy and the evidence is odd. It's just...
CHUNG: And does he have any previous record?
TOOBIN: He does not. He does not. I mean, he has none. He has -- child pornography was found in his house, but he's never been charged with anything, no prior record. Quiet life, neighbor, just a mystery.
CHUNG: All right. Jeffrey, thank you.
We will be right back.
ANNOUNCER: Still ahead, you'll see what police found in Robert Blake's home the night his wife Bonny was murdered when CONNIE CHUNG TONIGHT returns.
(COMMERCIAL BREAK)
CHUNG: What did Los Angeles police find when they searched the home of actor Robert Blake on May 5 last year, the day after his wife, Bonny Bakley was shot to death? Blake is still in jail as his lawyer fights to get a hearing on bail. He's pleaded not guilty to murdering his wife.
Now, his lawyers have released a tape the LAPD made of their search. CNN's Charles Feldman has this exclusive look at what it shows.
(BEGIN VIDEOTAPE)
CHARLES FELDMAN, CNN CORRESPONDENT (voice-over): On May 4, 2001, Bonny Lee Bakley, wife of actor Robert Blake, was shot and killed. Police for months denied reports that they had zeroed in on Bakley's husband, Robert Blake, as their key suspect in her murder.
But, in fact, less than 24 hours after Bakley's slaying, the lead LAPD detective in charge of the investigation stepped in front of a police video camera and began to record the first complete search of Robert Blake's Los Angeles home.
UNIDENTIFIED MALE: I'm detective Ron Ito (ph) from robbery/homicide division. In my possession is a search warrant/affidavit. And we will be serving this warrant today, along with my search team.
FELDMAN: The team included other detectives, a representative from the L.A. County D.A.'s office and a book author whose inclusion in the search team has sparked a controversy with Blake's defense attorney. Blake called his Studio City home Mata Hari Ranch. Detectives quickly realized one of the more unusual aspects of the Blake/Bakley marriage, they did not share the same house.
UNIDENTIFIED MALE: This area here that I'm pointing to is the actual guest house occupied by Mrs. Bakley.
FELDMAN: Blake and daughter Rosie lived in the main house.
UNIDENTIFIED MALE: This is the area where Mrs. Bakley agreed to live in.
FELDMAN: Bonny Lee Bakley lived in the smaller structure. Detectives clearly focused much of their attention on the house in which the former "Baretta" star lived. UNIDENTIFIED MALE: OK, this is the front door entry. It's unlocked. We'll be making our entry.
FELDMAN: Although Robert Blake spent almost his entire life in show business, starting as a child actor, developing into a powerful motion picture star in the movie "In Cold Blood," and reaching his career's zenith playing the fictional TV cop Baretta, his home was mostly empty of reminders of his celluloid past.
The baby's room here, an exercise room there, clutter just about everywhere. Detectives passed by the actor's gun collection on the wall, probably unaware that Blake's defense attorney would argue a year later that gun powder residue found on Blake was meaningless because of his regular handling of guns.
As this videotaped search continues, so far, no unusual discoveries. That is, until police began finding the money, envelopes stuffed with crisp $100 bills kept in various locations around Blake's house.
UNIDENTIFIED MALE: Eight, nine, 10, one...
FELDMAN: In all, detectives that day found some $12,000 in cash in Blake's home. Blake is charged with killing his wife after alleged efforts to pay hitmen to do the job for him failed. But Blake's attorney says the actor is a child of the Great Depression, and likes to keep large sums of cash readily available at home.
By nightfall, Robert Blake's defense attorney, Harland Braun, arrives at the home to claim the money on Blake's behalf.
UNIDENTIFIED MALE: You know what? I'll take those. Any time you show a lawyer some money, he'll take it.
FELDMAN: The lawyer even finds time for a fast joke with the prosecutor, who will be his courtroom opponent at Blake's forthcoming trial.
UNIDENTIFIED MALE: (UNINTELLIGIBLE).
UNIDENTIFIED MALE: No.
FELDMAN: The LAPD says its investigation of the Bonny Bakley murder was one of the most extensive and costly in the department's history. That investigation led this spring to Robert Blake's arrest. These police photos obtained exclusively by CNN showing the actor in his own kitchen in another of his homes being given glasses of water while his hands were cuffed behind them at the moment of his arrest.
(END VIDEOTAPE)
(on camera): Blake and his co-defendant, former bodyguard Earle Caldwell, have pleaded not guilty. Blake put up $1 million in cash to bail Caldwell out, but Blake's repeated attempts to be granted bail have thus far proven fruitless -- Connie.
CHUNG: Charles, I have to tell you while I'm watching this videotape, I'm saying why am I looking at this? It's so weird.
FELDMAN: It is.
CHUNG: And all I can think of is, do the police normally videotape a search?
FELDMAN: Yes, they do to protect themselves against civil suits. You know, they're worried that somebody after the fact will claim they did some damage to the property or, you know, we saw the cash they found, just in case somebody were to say that they pocketed the money. They have a videotape record of what they did when they went through the premises. But in this case, of course, it gives us an inside look at their first sweep through Robert Blake's home.
CHUNG: All right. Well, I have so many why questions. The police gave this tape to the defense and then the defense attorney gave it to you. Why?
FELDMAN: Go figure, huh?
CHUNG: Yes.
FELDMAN: That's a good question. Well, you know, I think it's because in the end, this particular tape, it's neither helpful nor harmful to Robert Blake's case. On the one hand, take the money, for example, the prosecutor will probably argue at trial that the cash, some $12,000 lying around the house, is evidence that maybe Robert Blake kept the money around as a down payment, if you will, on those alleged hitmen that he tried to hire.
The defense attorney, on the other hand, says, look, the guy lived through part of the Depression as a child. He's got a lot of money. He's not a poor man. He kept pocket change in the home. For Robert Blake, pocket change happened to be 12,000 bucks.
CHUNG: Well, couldn't it have been Bonny Bakley's money?
FELDMAN: No. Actually, in this case, Bonny Bakley, the arrangement they had was that Bonny Bakley actually did not live in the same home as her husband. She lived in that adjoining guest house on the property. It was a home owned by Blake, but she didn't share the residence with him. This cash was found stuffed into white envelopes, in one case, in his -- what appeared to be dressing room or dressing drawer, along with some of his credit cards. So it was apparently his money.
CHUNG: And you have looked at the entire tape. Do you have any idea of what the police were looking for?
FELDMAN: Well, I think they were looking, as is always the case with a murder, they were looking for a potential murder weapon. They were looking for perhaps some correspondence. They were looking for the kinds of things that might provide something incriminating at the point that it goes to trial.
But as far as we can determine, and this certainly according to Blake's attorney and the police have not challenged this, they appeared to not have found anything inside the home that directly links Robert Blake to the murder. They found no DNA evidence. They found no proof that the murder weapon, a gun, actually was part of his gun collection. So, except for the cash, they appear to have been -- in their search of the home, they came out empty-handed.
CHUNG: You know, I was really a little surprised to see that array of guns unlocked and just out there. No?
FELDMAN: Yes. I mean, you know, he's a gun fanatic, has been for years. He has BB guns, regular guns. And, in fact, you'll probably remember on the night of the murder, part of his alibi was that he left his wife alone in the car. Why? Because they went to dinner at an Italian restaurant and he says he left a gun behind. But he says he was carrying that gun to protect her because somebody was threatening her and she was fearful of her life.
CHUNG: All right. Charles Feldman, thank you. Always good to have you on.
FELDMAN: You're welcome. Always good to be here.
CHUNG: When we return, a look ahead to the 11th of next month.
(COMMERCIAL BREAK)
CHUNG: New York City has announced its plans to commemorate the losses of last September 11, one year after the attacks. There will be a reading of victims' names and their loved ones will participate in a ceremony as well.
But how has your life changed since September 11? In whatever way you've changed, we want you to tell us about it on tape. We just might use it on the air. So send your tapes to CONNIE CHUNG TONIGHT, P.O. Box 5138, New York, New York, 10185. Be sure to include your name and address, but we won't be able to return your tape. And you can see our guidelines on these submissions online at cnn.com/connie.
We enjoyed having you with us tonight. We'll see you tomorrow. Good night.
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