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Anna Nicole Smith Autopsy Results Released; Heaven's Gate Mass Suicide Remembered; Attorney General Gonzales Losing Republican Support?

Aired March 26, 2007 - 15:00   ET


BETTY NGUYEN, CNN ANCHOR: OK, so, you have seen missing kids on milk cartons. Well, now, if you order a pizza in southwest Ohio, you might see one of these, a wanted poster showing the faces of parents accused of not paying child support. The child enforcement worker who came up with the idea told CNN's "AMERICAN MORNING" it has led to one arrest already.

CYNTHIA BROWN, CHILD ENFORCEMENT WORKER: It was actually the first day that this whole process aired. And so they called in with a tip, said, I know exactly where this person is. This is where he's at. I'm 150 percent sure. We turned that tip over to the sheriff's department. And they went and picked up this individual within one day.


NGUYEN: The posters started showing up in a suburb of Cincinnati in August.

The next hour of the CNN NEWSROOM starts right now.

DON LEMON, CNN ANCHOR: Hello. I'm Don Lemon, live at the CNN world headquarters in Atlanta.

NGUYEN: And I'm Betty Nguyen, in for Kyra Phillips today.

Anna Nicole Smith's sad conclusion: too much of too many drugs. We are going to hear what a forensic pathologist has to say about the dangers of mixing prescriptions.

You're in the CNN NEWSROOM.

First, he turned down a million-dollar football contract to serve his country. And, today, blame goes out in the friendly-fire death of Army Ranger Pat Tillman. A Pentagon report is due within the hour.

For the latest, we want to go now to senior Pentagon correspondent Jamie McIntyre.

What have you learned so far, Jamie?

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT: Well, that's right, Betty. In just about an hour from now, the Pentagon's inspector general will lay out the findings of a fourth investigation into the Army's handling -- or, I should say, mishandling -- of the events surrounding the death of Army Ranger Pat Tillman, the former NFL player who turned down a lucrative career in pro football to serve his country as an Army Ranger, and then died at the hands of his own soldiers, who mistakenly shot him to death in Afghanistan in 2004.

A senior defense official tells CNN that at least nine officers are found to be -- are faulted for their actions in handling the aftermath of that death, in which Tillman's convoy came under fire in one of the deep canyons of Afghanistan after it was separated into two groups. One ended up firing on the other.

What's unclear at this point is whether anyone will actually be disciplined for those failures in judgment and sometimes failure to follow procedures. There's no indication that these rise to the level of criminal offenses. But, if it turned out, for instance, that somebody had lied or deliberately tried to deceive someone about what happened, that might end up in something that could be more than just administrative punishment.

But we will also be hearing from criminal investigators who looked at that part of the case as well. Ultimately, it will be up to the Army to receive this report and take the appropriate action, something the Army has said it will do, even before it has seen the final report -- Betty.

NGUYEN: Jamie McIntyre, we will be watching. Thank you for that report.

LEMON: We want to update you now on an Amber Alert first issued yesterday, this weekend, for two children and their father in Washington State. This is one of the children here that they are looking for.

He's a 2-year-old boy. His name is Remi Baugher. Actually, this is Lars Baugher, 2 years old, blond hair, green, 2 feet, 7 inches tall. He weighs 29 pounds, brown or green jacket, blue jeans, black Converse the last thing he was seen in.

This is his little sister. Her name is Remi Baugher. She's 4 years old, blonde hair, hazel eyes, 3 feet, 1 inch tall, weighs 37 pounds, last seen in a pink jacket with a heavier yellow jacket over the top, and blue jeans, strawberry shortcake shoes.

This is the father. The father is John Baugher, 34 years old, brown hair, green eyes, 5 feet 7 inches tall, 140 pounds.

And here's a bit of new information in that. A van that was being sought in connection with this has been found in Stevens County. This is in Washington in the Seattle area. Sheriff's deputies are now looking for the men and his two children, but they have found the car. They do believe that the kids may be in danger because of the father's mental health. An Amber Alert in the Washington State area -- police looking for this man and his two children. If you have any information, please call authorities -- Betty.

NGUYEN: Well, speculation, rumors, conspiracy theories, all can finally be put to rest in the untimely death of Anna Nicole Smith. Investigators in Fort Lauderdale, Florida, revealed the results of Smith's autopsy today.

CNN national correspondent Susan Candiotti is on that story.


SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: After conducting numerous interviews, checking her computer, as well as hotel surveillance tapes, both the medical examiner and police are convinced that Anna Nicole Smith died of an accidental overdose of a liquid sleeping medication, in combination with antidepressant and antianxiety drugs, that, in effect, turned off a switch in her brain that told her to breathe. And that, in effect, ended her life.

CHARLIE TIGER, SEMINOLE, FLORIDA, POLICE CHIEF: We are convinced, based on the extensive review of the evidence, that this case is an accidental overdose, with no other criminal elements present.

CANDIOTTI: Why did Anna Nicole Smith take that sleeping medication on the morning of February 8?

I asked Joshua Perper in an exclusive interview with CNN.

DR. JOSHUA PERPER, BROWARD COUNTY, FLORIDA, CHIEF MEDICAL EXAMINER: She slept very badly during the night. And she basically preferred this medication because I suppose it was an escape from the physical trouble and some of the emotional troubles associated with -- with her litigation and stress from -- from both physical and mental problem.

CANDIOTTI: If she had gone to the hospital, like her friends had suggested, because she wasn't feeling well, might she have survived?

PERPER: Oh, for sure, because if she would have gone to the hospital, even if she would have gotten additional treatment, beside the Cipro, which was effective, she would have not had the opportunity of taking chlorohydrate.

CANDIOTTI: The autopsy revealed that Smith was taking nine prescription drugs and a human growth hormone by injection.

One other unanswered question, why a nurse who was watching over her took one hour and 10 minutes to call 911 after it was discovered that Smith was not breathing. The medical examiner told me, people panic, although this nurse did administer CPR.

Susan Candiotti, CNN, Fort Lauderdale.


LEMON: Alberto Gonzales may be losing support where he needs it most, among his fellow Republicans. The attorney general's credibility is now being openly questioned by three key GOP senators.

Documents released late Friday suggest Gonzales may have known more about those controversial firings of eight U.S. attorneys than he let on. His aides still say he wasn't involved in specifics, but that's not good enough for a growing number of lawmakers.


SEN. CHUCK HAGEL (R), NEBRASKA: The only currency that matters in governance is trust. And, when you debase that currency, you lose trust; you can't govern.

The chief law enforcement of America must be beyond any question. Unfortunately, the attorney general is dealing with a cloud hanging over his credibility, and the president is going to have to deal with that.


LEMON: Both the attorney general and his former top aide, Kyle Sampson, plan to appear before the Senate Judiciary Committee, Sampson on Thursday, Gonzales April 17. Sampson resigned amid the fallout over the firings.

Well, just a short time ago, I spoke with one of the fired prosecutors. New Mexico's David Iglesias says job performance had nothing to do with his pink slip. He says he was the target of a political hit.


DAVID IGLESIAS, FORMER U.S. ATTORNEY: When they told the U.S. Senate that we were let go for performance-related reasons, that is a slanderous accusation. They were saying that we did a bad job. And they knew better, or they should have known better, based on our evaluations.

I knew better. My colleagues knew we had done a good job. So, a retraction does this. It tells our future employers that these people were doing a good job. They were not bad U.S. attorneys.

And they could have avoided this mess, had they done that at the very beginning. And, also, nobody ever thanked me or any of my colleagues for our service to the Justice Department. We were unceremoniously dumped on December 7, 2006.

LEMON: And what of this reporting that lawmakers are stepping away from Mr. Gonzales and so are people in the Republican Party; do you find that so?

IGLESIAS: I don't find that to be surprising. I don't know who was speaking earlier, but trust is everything. You want to make sure your chief federal law enforcement official in the country is trustworthy, is above reproach. And, in this case, the evidence is coming in that perhaps he's not.

LEMON: All right.

And, Mr. Iglesias, much has been made, before I let you go, of these -- of the e-mails that supposedly went back and forth with members of the department. What do you make of these e-mails about you and your colleagues?

IGLESIAS: Well, they are shocking, because they are unprofessional. They are sophomoric. They are snide. They're sarcastic. You want to believe that people that are running our federal criminal justice system are professional and are dealing with facts. And, if you look at the tone and tenure of a lot of these e- mails, especially regarding Carol Lam and Ms. Chiara, Margaret Chiara, it's just unprofessional.

And it's depressing to see a bunch of 30-year-olds with no real prosecution background casting judgment on us.


LEMON: And Iglesias wrote an op-ed piece in "The New York Times" titled "Why I Was Fired."

NGUYEN: Well, could there be a Mideast peace summit? That idea appears to be gaining ground, as Secretary of State Condoleezza Rice shuttles across the region.

She is now in Israel, where, for the first time since Hamas won control of the Palestinian government, Israeli leaders say they are open to the idea of wider talks. Palestinians have cautiously endorsed it.

And, earlier today, Rice sought the support of Jordan's King Abdullah. His country, along with Egypt, has a peace agreement with Israel.

LEMON: Sad, but hardly shocking -- ahead in the CNN NEWSROOM, details on what killed Anna Nicole Smith. Hear from a forensic pathologist about the deadly combination.

NGUYEN: And they hope to ride a comet to immortality. And, in a way, you could say they did -- ahead in the NEWSROOM, a mass suicide remembered.


NGUYEN: We want to get you straight over to Rob Marciano with a developing story from the Weather Center.

It's that time of year, Rob.

ROB MARCIANO, CNN METEOROLOGIST: It is -- severe weather now an issue in south Texas. Told you it was a threat earlier today, that big storm that's been moving out of New Mexico. The same one that spawned tornadoes in that state is now making its way into the center part of Texas, now mostly to the south central part of Texas.

Austin, San Antonio, most of the juice you see is to the west of those two cities. And we do have a couple of warnings out -- severe thunderstorm warnings and tornado warnings adjusted in red here. This -- this -- tornado warning is up for Medina County until 2:30 local time, so 3:30 Eastern time.

Some interesting things with our new updated software and the radar -- we can actually tell you how many people will be affected by this storm. And the TITAN radar is thinking about 1,428 people affected by this storm. And it will be in these neighborhoods and small towns in the times allotted here.

Also some severe thunderstorm warnings out for a couple of other counties, they will expire in the next 15 minutes. There have been reports of penny- to nickel-sized hail in some of these and gusty winds. These are all moving to the northeast at about 20 to 35 miles an hour.

The tornado warning is moving northeast at 20 miles an hour. So, be aware of that if you live in Medina County -- zooming in just a little bit, looks like San Antonio, up through New Braunfels, and up to Austin not quite in the action yet, but this whole area is beginning to shift a little bit farther to the east. It's all with this big area of low pressure. It's where we think the threat for extreme weather is potentially the case for this afternoon.

And that's certainly what we're seeing. It may very well stretch up -- once it hits the I-35 corridor, up towards Dallas, get into some of these major metropolitan areas. But that won't happen for a good several hours. So, we will keep an eye on these more rural areas just to the west of the I-35 corridor. But we do have one tornado warning out for the next 15 minutes there in Medina County -- Betty.

NGUYEN: Yes, that is quite a big area of extreme weather, Rob.

MARCIANO: Texas is a big state, as you know.


NGUYEN: This is true.


NGUYEN: Thank you.


LEMON: All right. Yes.

It's 15 past the hour. We're working on the severe weather story and some other stories right here in the CNN NEWSROOM.

Antidepressants, sleep medicine, growth hormone, and the list doesn't end there. A Florida coroner blames Anna Nicole Smith's death on an accidental overdose of prescription drugs. Several were found in her system.

Elizabeth Edwards speaking in Cleveland, showing that the return of her cancer won't keep her homebound. Earlier, she and her husband, John Edwards, defended their decision to press on with his presidential campaign.

And an extraordinary picture with huge consequences -- the heads of Northern Ireland's major Protestant and Catholic parties meeting face to face for the first time. They plan to form a power-sharing government in six weeks.

NGUYEN: A nifty little endorsement today for Hillary Clinton from fellow Democrat Tom Vilsack, the former governor of Iowa.

Vilsack's own run for the White House never took flight, but his endorsement does carry weight, given his pull in the very early Iowa caucuses. Also today, Clinton said the nation will have universal health care if she is elected president. Unlike Democrat John Edwards, she isn't yet offering any specifics. She says she wants ideas from Americans.

And, of course, all the day's political news is available any time, day or night, at

LEMON: a sad anniversary to talk about coming up -- they hoped to ride a comet to immortality, and, in a way, you can say they did. Ahead in the CNN NEWSROOM, a mass suicide is remembered.


LEMON: It was the largest mass suicide in U.S. history. Ten years ago today -- hard to believe that was 10 years ago -- 39 members of the Heaven's Gate cult killed themselves in a California mansion. They wanted their deaths to coincide with the approach of the Hale- Bopp comet.

It is a story that's hard to comprehend.

And our Dan Simon joins us now to sort it all out.

Dan, everyone was shocked by this story when it happened, and still 10 years later.

DAN SIMON, CNN CORRESPONDENT: Still so many questions about it a decade later.

As you said, what happened 10 years ago stands as the largest mass suicide ever on U.S. soil. It happened in Rancho Santa Fe, California. This is a ritzy suburb of San Diego. Thirty-nine members of the Heaven's Gate cult killed themselves, thinking their souls would be picked up perhaps by a space ship. It was the appearance of the Hale-Bopp comet that convinced them the time was right.

The uniformity was striking. Everyone was wearing the same out fit. It was called a graduation outfit, black shirt, black pants, and those Nike shoes. Everyone remembers those Nike shoes.

The bodies were first discovered by a member of that group, a guy named Rio DiAngelo. Well, he went in there. He received a FedEx package from the group. And he still vividly remembers what it was like going through that mansion.

Take a look.


RIO DIANGELO, FORMER HEAVEN'S GATE MEMBER: I have a gagging reflex. It smells. So, I wanted to put take of that. So, I put cologne on my shirt and put my shirt over my nose.

So, I walk up into the living area -- the living room -- and that's when I start to notice the mattresses with people lying on them with the purple shroud. And, of course, I knew from the odor what was happening, but that was the first time I had ever been in a situation like that.


SIMON: Well, Heaven's Gate is no longer around, and the mansion was torn down as well. But Rio DiAngelo still believes in the philosophy and what they did.

We are going to be exploring that a little bit tonight on "ANDERSON COOPER 360," Don. We will be filing a piece for them. As you said earlier, 10 years, and it's still so difficult to comprehend what they did. You had 39 people who took their own lives.

LEMON: Yes. And I remember, Dan, when that video came out, because I think the police took that video -- or at least maybe one TV station did, and then gave it to everyone. And, just, it was shocking to see inside this mansion and to see the conditions and all of those people who were covered and how they helped each other out.

And I'm sure you are going to have a lot more interesting stuff coming up tonight, right?

SIMON: No question about it.

You know, one question that people always have, Don, is -- is, how did they kill themselves? What did they do? Well, they actually read -- read about it in a book, a book that explained the different ways in which you kill yourself.

And the way they did it is, they took pudding, applesauce.


SIMON: And they mixed it with vodka and a barbiturate phenobarbital. And, when you take that in large doses, it can be fatal. And that is what they did.

LEMON: Yes. All right, Dan Simon, interesting stuff. And, as you said, tonight, we can't wait to see that.

You can catch more of Dan's report on the Heaven's Gate cult tonight on "ANDERSON COOPER 360." That's at 10:00 Eastern, only on CNN.

NGUYEN: Well, two pharmaceutical companies are teaming up to take on the world's best-selling drug.

Susan Lisovicz is at the New York Stock Exchange with details on the reason why this could mean more options for customers.

So, this could be a good thing, Susan?


Competition usually works in the favor of consumers, Betty. The drug that we're talking about, the world's best-selling drug, is the cholesterol fighter Lipitor. And Pfizer's patent on it may expire as soon as 2010.

So, two competitors are teaming up. Merck and Schering-Plough are developing a new cholesterol drug, a single pill that combines their Zetia cholesterol drug with the technology that is used to make Lipitor. It will he released when Lipitor's patent expires in three years.

The companies say the combination of Lipitor and Zetia is more effective than Lipitor alone. And that could mean a big boost to Merck and Schering-Plough's bottom line and a big weapon for people dealing with high cholesterol -- Betty.

NGUYEN: So, what does this mean for Pfizer? Is it going to hurt them, because they do make Lipitor?

LISOVICZ: That's right.


LISOVICZ: And -- and it is a blockbuster drug. So, yes, losing the patent could really hurt Lipitor, Pfizer's, obviously, most lucrative product. It accounted for about 40 percent of the drugmaker's profits last year.

And Pfizer suffered another setback today, when it said a massive new study showed problems with a new generation of cholesterol drug it had high hopes for. But the company has other potential blockbusters in its pipeline to treat cancer and HIV. So, it's what you have in the pipeline, too, that is helpful.

Turning to Wall Street, worries about housing certainly the focus today -- sales of newly built homes dropped last month to the lowest level in nearly seven years, while the glut of homes on the market keeps growing. So, the major average is reversing course, after last week's big gains, off the lows for the session, but still lower -- the Dow right now down 45 points or about a third of a percent. The Nasdaq is down three. And, finally, it's a tough time for the newspaper business. And, because of that, "LIFE" magazine is being shut down again. The iconic magazine started way back when in 1936 as a weekly, first ceased publication in 1972, returned a few years later as a newspaper supplement.

Time, a corporate cousin of CNN, has now shut down "LIFE" magazine three times.

And I will be back in 30 minutes for the closing bell. You are watching CNN, the most trusted name in news.


LEMON: Hello, everyone. I'm Don Lemon, live in the CNN world headquarters in Atlanta.

NGUYEN: And I'm Betty Nguyen, in for Kyra Phillips today, who is on assignment.

You are in the CNN NEWSROOM.

LEMON: Bottom of the hour -- we start with a developing story from the Weather Center, severe weather breaking out.

Rob Marciano, what do you have for us?

MARCIANO: Don, it's still that same tornado warning that still remains in effect for Medina County, just to the west of San Antonio. Here it is.

And this polygon, which is a new way that we indicate severe weather warnings out of the National Weather Service, kind of zooms it in and narrows it down just a little bit. It is in effect until 2:30, so for the next couple of minutes. But that cell itself, right in through there, still looks -- still looks pretty potent. So, they may well extend this, as we go on through time.

It's going to be near the community of Hondo. It's about probably 10 -- about 10 miles southwest of that area right now. And, according to our TITAN radar, people affected in this general area may be over 6,000 people, as this cell continues to move to the north and east.

Also, as these -- these -- these storms continue to train over the same area, we have flash flood warnings that are now out for Kerr and Bandera County until 4:00 p.m. local time, so, one- to two-inch rainfall rates in these areas.

And there's not a whole lot of westward progression or movement of this.

I have a tower cam out of San Antonio where it's really not raining, but most of the heavier rain is off towards the west. Well, actually, a little rainfall on the lens right there. KNS is our affiliate out that way from San Antonio. We appreciate that. Your weather is heading slowly towards San Antonio downtown proper. Right now, the severest weather, the most turbulent and troublesome weather, is towards the west, but because it's moving so slowly, Don, we have a kind of a double whammy here in the way that we've got this tornado warning, potentially a tornado on the ground, has not been reported as of yet, but we also have the flashflood situation because these rain cells, these storm cells have been rolling over this same area time and time again and we have to get it moving a little bit farther to the east, because this very slow moving system -- same system that dropped those tornadoes out of New Mexico, yesterday -- now, into central Texas. So, it's going to be a slow go this afternoon for folks who live in hill country and anywhere from San Antonio up to Austin, maybe as far north as Dallas.

LEMON: And Rob, you were showing the tower cam. Where was it from again?

MARCIANO: That was out of San Antonio.

LEMON: San Antonio, does -- not raining much, but certainly, look at those clouds. They look a bit ominous there, so...

MARCIANO: Winds gusting there over 25-miles-an-hour throughout much of the morning. Dew points are up around 68, 69 degrees, meaning that the atmosphere, the air is jam-packed with moisture and that's one of the ingredients that gets the air to move upward and gives you the potential for severe weather like we have now.

LEMON: And there you go. All right, thank you very much, Rob Marciano. I'm sure we'll be checking back with you.

And of course, when weather becomes the news, count on CNN to bring it to you first. You can also play a role in that. If you see severe weather happening in your area, please send us an i-Report. Go to and click on i-Report or type into your cell phone and share your photos and your video.

NGUYEN: Antidepressants, antianxiety drugs, a powerful sleeping aid, just some of the prescription medication found in the body of Anna Nicole Smith. Authorities today said Smith died of an accidental overdose, and they found nothing to indicate foul play. Still, though, the number of medications she was taking is just startling.

I spoke about that with a forensic pathologist earlier here in the NEWSROOM.

We'll try to get that sound for you a little bit later. Do want to tell you, though, that the Broward County medical examiner's report says Smith had a long history of prescription drug use over -- and overmedicating. And that medical examiner, who conducted Anna Nicole Smith's autopsy, will be a guest on LARRY KING LIVE tonight.

Plus, exclusive reaction from Howard K. Stern's lawyer. You'll want to tune in at 9:00 Eastern, 6:00 Pacific right here on CNN.

LEMON: We're working all of today's developing stories, including severe weather hitting some of the country. CNN NEWSROOM continues after this.


All right, well next month will mark Larry King's 50th year in the broadcasting industry. Boy, what a milestone. And to celebrate, CNN is bringing you highlights from Larry's most memorable interviews. In June of 1994, TV viewers were captivated as a white Ford Bronco carrying O.J. Simpson led police on a slow-speed chase. The story broke right during LARRY KING LIVE.


LARRY KING, HOST: We have been discussing the O.J. matter and the fact that he had not shown up for appearance that day and then suddenly somebody came in my ear saying: "there's a car in California and it's driving somewhere and we believe O.J. is in that car, go."

OK, I'm going to have to interrupt this call I understand we're going go a live picture in Los Angeles -- is that correct?

I'm in Washington, the play-by-play is happening in L.A.

If you have just joined us, this is LARRY KING LIVE in Washington. We're viewing a car apparently being driven by Al Cowlings, one of O.J.'s oldest friends and a former teammate of Southern Cal, and the police radio is reporting that O.J. is the passenger in the car.

It was an incredible experience and I heard so many people that said they watched it in airports and basketball arenas. It was one of broadcast's incredible moments.



NGUYEN: All right, we're trying to get you this story once again because antidepressants, antianxiety drugs and a powerful sleeping aid. Those are just some of the prescription medication found in the body of Anna Nicole Smith. And authorities today said that Smith died of an accidental overdose. But they found nothing to indicate foul play.

Still, though, the number of medications she was taking is still startling to many when they hear that nine different ones were in her system. So I spoke about that with a forensic pathologist a little bit earlier in the NEWSROOM.


DR. WILLIAM MORRONE, FORENSIC PATHOLOGIST: We hear in the news that there were nine different medications, but five of those nine medications were controlled substances to use pain -- or to treat pain or anxiety or depression. And that says where she was, that was a side of her that nobody saw. There was a lot of pain. Soma is a muscle relaxer, it works for pain. Methadone is an analgesic, it works for pain. And those Ativan, Klonopin and the Valium, that's three different medicines that do the same thing that when people come to me and they're on three different medicines like that I say, "hey, pick one. You get one. You should not be taking all three of those."

NGUYEN: So, do you think a doctor prescribed all of these to be taken together or we're looking at several different doctors, and is there some legal ramifications they could face?

MORRONE: I think that there was not communication between her doctors, and I don't know if that was designed by her entourage that she got certain things from certain doctors, but no one doctor would prescribe all of these knowing what they do because of the risk.


NGUYEN: The Broward County medical examiner's report said Smith had a long history of prescription drug use and overmedicating.

LEMON: A dramatic rescue in the Gulf of Mexico. Two cruise ship passengers who fell overboard early yesterday and spent four hours in the water are alive and well. And they are still cruising. A man and woman in their early 20s somehow fell off a balcony on the Grand Princess. The ship was sailing from Galveston, Texas, to Cozumel, Mexico at the time. And despite the fall itself, more than 50 feet and all that time in the water, the cruise line says the two are A-OK and they chose to stay on the cruise. And in 30 minutes -- well, we spoke to a flight mechanic on the U.S. Coast Guard and he took part in yesterday's rescue, and as a matter of fact, Betty, you spoke to him already, right?

NGUYEN: Yeah, I spoke to him a little bit earlier. It is amazing just to think they were out there for four hours like a needle in a haystack and these guys were able to find them and bring them ashore.

LEMON: And Rick Sanchez showed exactly...

NGUYEN: What you should do.

LEMON: What you should do. It was a very interesting story.

NGUYEN: First-hand experience.

LEMON: And we've more on the Chicago police officers who are accused of beating up civilians in their off hours. We told you about this beating last week. It was caught on surveillance tape just like a brawl from last December we're hearing about now. Our Keith Oppenheim has all the details.


KEITH OPPENHEIM, CNN CORRESPONDENT (voice over): Chicago police officials confirm they are investigating allegations that six off-duty cops beat four men at a bar in an upscale area of Chicago. Attorneys for the victims say their clients were attacked last December. That one man suffered broken ribs and another man needed reconstructive surgery on his face. It was a beating, they say, that was captured by surveillance cameras.

You may remember last week we reported about another incident caught on tape.


OPPENHEIM: This woman, Karolina Obrycka, came forward, saying she too was beaten by an off-duty police officer last month when she refused to serve him any more alcohol. That officer, Anthony Abbate, is now facing charges of felony aggravated battery. In the video, he punches her repeatedly. Karolina gets up, despite multiple hits to her head, back, and ribs. As bystanders keep a distance, Officer Abbate walks away.

(on camera): Karolina, what is your reaction that the person who beat you is a police officer?

OBRYCKA: I always thought police were to serve and protect, not to beat up people.

OPPENHEIM (voice-over): In both cases, the police department is now investigating the actions of their officers caught on tape.

Keith Oppenheim, CNN, Chicago.


NGUYEN: Fresh from appearance on last night's "60 Minutes," Elizabeth Edwards hit the campaign trail on behalf of her husband John. And speaking in Cleveland, Mrs. Edwards spoke of how the couple reconciled his campaign for the White House with her recurrence of cancer.


ELIZABETH EDWARDS, JOHN EDWARDS WIFE: We've learned two great lessons in life. One is that there will always be heartache and struggle, we certainly know that now in our own lives, again, but there will always be heartache and struggle. But, the second lesson is that people of goodwill can make a difference. The first lesson is a sad one, and the second one is inspiring. I choose, he chose, I choose, to be inspired.


NGUYEN: Edwards, by the way, says that he does not want sympathy votes because of his wife's illness.

LEMON: Of course, this story is generating lots of you participation, lots of viewer feedback at

NGUYEN: A lot of people are dealing with the cancer. LEMON: You have some e-mails. I have some, too, Betty, that I've been reading. This is from Jean Shay (ph), she's from Billings, Missouri and she says, "I had ovarian cancer 20 years ago. Today watching Elizabeth Edwards announce that her cancer has metastasized, my heart went out to her. Breast cancer has gone a long way in the last few years and I do believe in miracles. My words to Mrs. Edwards would to be believed and love and pray for a miracle."

NGUYEN: Well, Sharon Thompson from Montreal has this to say to Mrs. Edwards, "She is a very courageous woman who must be strong. I have survived breast cancer three times. First time, I was 31 with two children, 14 months and 3 months." She says, "I was given two years to live, but thanks to a wonderful doctor and family support, I survived the first episode and the subsequent two. Please be courageous and know that with faith and support, and your strong spirit, you can beat this insidious disease."

LEMON: And all the discussion about whether or not he should run if he's doing the right thing or what have you. One viewer, Mary Smith writes, Martins Ferry, Ohio says, "I really do not think anyone should discuss what John Edwards' family should do about their own personal family decisions. If he wants to discuss his running for the presidency and she wants to discuss her cancer, which is all that we should be discussed. No one has a right to say even in a condescending way, 'I do not know what I would do if I had small children at home.'" So they are saying that it's their own business and they should discuss it if they want to discuss it.

NGUYEN: Well, speaking of rights, though. You do have the right to send in your stories and we invite you to do so with i-Report stories on breast cancer how you feel about what the Edwards are going through at this point in time, not only with the health issue but also with the campaign.

LEMON: Yeah, and send in your i-Reports about severe weather if it happens in your area and we have some severe weather happening now. Let's head to the Weather Center and our very own Rob Marciano.

Rob, what do you have?

MARCIANO: Do, this tornado warning we were concerned about earlier has been extended. That cell did hold together pretty nicely unfortunately, until 3:00 Local time, 4:00 Eastern Time in Medina County for this cluster of cells, here, that's been marching slowly to the northeast -- well, I shouldn't say slowly, about 20 to 30-miles- an-hour. So, that extended -- that tornado warning has been extended.

Looking at Bear County here, that's where San Antonio is, so this is the county directly to the west of Bear County. It's not making a whole lot of easterly progression.

Also, I have a severe thunderstorm warning out for this particular cell, right here. There have been reports of up to 60- mile-an-hour winds, or actually, that's what the radar is estimating and penny to nickel-sized hail with this. So, we have hail, we have wind, and we also have torrential rains and because of that, there's been a flashflood warning out for a number of counties, especially to the north of San Antonio.

A number affected with this meso cyclone, as we say, or meso area, 2,968, so almost 3,000 people. And this one, if it continues on this track will get probably a little closer to the western edge of San Antonio as we go through time.

Notice most of the movement is from north to south, it's trying to go a little farther to the east and it will do that as we go through the afternoon. The question is, does that -- do they become stronger? We have a lot of clouds. We have some rain falling in the San Antonio area up through Austin and that's good. Because if we had a lot of sun ahead of these -- ahead of this line of storms, that would only add fuel to the fire. So, hopefully the clouds have kind of cooled things off a little bit and dampened the ignition factor, so to speak. But, as this heads off to the east, there's going to be a likelihood of seeing more rough weather.

Thanks, Dave.

All right, now a tornado warning out for Frio County, that's in effect until 3:15, this out of the National Weather Service office out of Austin, San Antonio. Looks like this one is going to remain over rural areas -- and there it is down well to the southwest of San Antonio and to the east of I-35.

So, two tornado warnings out at this hour. What's weird or what's unusual, I should say, Don, is tat the Storm Prediction Center at Norman, Oklahoma, has yet to issue a severe thunderstorm watch or a tornado watch out for this area, and typically, especially when we get these sort of dynamic ingredients coming together, they'll put out a watch, which means that the air is juiced enough or there's a potential for seeing this sort of event. We're seeing the warnings before the watch and that may -- they may get the folks up in Oklahoma a bit more fired up and maybe issue a watch for this area.

But ,if you live in San Antonio and through the hill country up through Austin, the next several hours your weather will likely be deteriorating. Right now, it's Frio and Medina counties that have a tornado warning out until 3:00 Local Time.

LEMON: And rob, it's fair to say, if you live in those areas, take cover, correct?

MARCIANO: No doubt about it. It's a good idea.

LEMON: All right, Rob Marciano, thank you so much.

MARCIANO: You bet.

NGUYEN: We want to get you to CNN's Jamie McIntyre for a developing story from the Pentagon.

Jamie, what's going on?

JAMIE MCINTYRE, CNN NEWS CORRESPONDENT: Well Betty, the Pentagon is calling this man a "dangerous terrorist suspect," and they say he is in custody and has been transferred to the U.S. Naval facility at Guantanamo Bay, Cuba. The name of the man is Abdul Malik, and the Pentagon claims that this man has admitted to his role in the 2002 bombing of the Paradise Hotel in Mombassa, Kenya, in which an explosive-laden SUV crashed through the front gate killing 13 people, injuring others, including three Israeli tourists and some Israeli children, as well. And the same day, shoulder-fired rockets were fired at an Israeli 757 that was heading back to Tel Aviv, those missiles missed, but they say that Abdul Malik has also admitted to his role in that part of the attack, as well.

The Pentagon is being a little bit close to the vest with the details of how this man came into U.S. custody. Just saying that he was picked up in East Africa sometime fairly recently and transferred to the U.S. prison facility in Guantanamo Bay, Cuba, where they say the International Committee of the Red Cross will have access to him and he'll be given a combatant status review to review his role as a suspected terrorist. But again, Pentagon says they have a dangerous terrorist suspect in that 2002 attack in custody in Guantanamo -- Betty.

NGUYEN: Abdul Malik is his name. Jamie McIntyre, thank you for that update.

Well, George Washington claimed it, Richard Nixon, too, but what about President Bush? President's executive privilege and politics, that's ahead in the NEWSROOM.


LEMON: The firing of federal prosecutors, as you may know, Congress wants a number of presidential aides, past and present, to testify under oath. President Bush says no. Now, if Congress insists, he may claim executive privilege, a fuzzy legal principle with plenty of precedent from plenty of presidents. CNN's Gary Nuremberg takes a look.


GARY NURENBERG, CNN CORRESPONDENT (voice over): President Bush says forcing presidential aides to testify before Congress could limit his ability to get frank advice.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: I'm worried about precedence that would make it difficult for somebody to walk into the Oval Office and say, "Mr. President, here is what's on my mind."

NURENBERG: Although there is no specific grant of executive privilege in the Constitution, George Washington refused a House request for documents in 1796.

RICHARD M. NIXON, FMR. PRESIDENT OF THE UNITED STATES: I must and I shall oppose any efforts to destroy this principle.

NURENBERG: It wasn't until 1974, in rejecting Richard Nixon's claim that executive privilege allowed him to keep secret the Watergate tapes, that the Supreme Court found an implicit loosely-defined privilege.

JOHN DEAN, NIXON WHITE HOUSE COUNSEL: I began by telling the president that there was a cancer growing on the presidency.

NURENBERG: John Dean was a Nixon White House counsel who testified before the Senate Watergate Committee and has written about executive privilege.

DEAN: It is pretty much what a president says in his mood that morning when he wakes up and decides how he feels about his aides testifying.

BETH NOLAN, FMR. CLINTON WHITE HOUSE COUNSEL: I testified as counsel to the president a couple of times.

NURENBERG: Beth Nolan is among nearly four dozen Clinton aides who testified before congressional or judicial investigators.

NOLAN: I do think it crossed the line.

NURENBERG: The Bush administration didn't like the trend.

RICHARD CHENEY, VICE PRESIDENT OF THE UNITED STATES: There's been a constant steady erosion of the prerogatives of the power of the Oval Office, the continual encroachment by Congress.

NURENBERG: So. the administration citing constitutional obligation began to assert the privilege.

ANDREW CARD, FMR. WHITE HOUSE CHIEF OF STAFF: That oath calls for him to preserve, protect and defend the Constitution. And there is no conditional clause to it.

NURENBERG (on camera): Despite absolutist claims at both the White House and on Capitol Hill, historically it's been compromise that resolve the disputes.

NOLAN: I think the current give and take case by case is exactly what the framers of our Constitution had in mind.

NURENBERG (voice over): We could find out as early as this week if anyone gives.

Gary Nurenberg, CNN, Washington.


LEMON: All right, let's get straight back to the Severe Weather Center. Rob Marciano, a tornado on the ground, at least reported?

MARCIANO: Yeah. Yes, Don. A tornado on the ground now reported -- I got the wrong one up there, but it's just to the southeast now of Hondo. We mentioned that community right smack in the middle of Medina County, here. And anybody in this cone, this is where we think the path of that circulation is. It is heading off to the northeast at about 15 to 20-miles-an-hour. So, this is getting closer now to the western edge of San Antonio, the Anderson loop here and then you head out on highway 90. So, you know, getting closer to the bedroom communities of San Antonio and the more populated areas of Bear County.

But Bear, right now, is not under a tornado warning, it is only Medina County for this cell, which is about 15 miles southeast of Hondo and moving up towards the northeast at about 20-miles-an-hour. Hopefully this tornado, which is confirmed to be on the ground, Don, will dodge and weave and zig and zag and stay away from people and their homes. We'll let you know.

LEMON: All right, Rob, we'll keep watching it, if we have time in this broadcast, we'll check back with you. Thank you so much for that.

NGUYEN: Also, this just in to CNN. We have learned a Korean airline has landed, and, in fact, 85 passengers, this in Newark, New Jersey, at the international airport there -- 85 passengers on that plane have been complaining of flu-like symptoms. In fact, emergency crews are on the ground treating them and evaluating the situation. But again, 85 passengers reporting flu-like symptoms after they arrived at Newark International on a flight from Korea. We'll continue to follow this and bring you the latest.


NGUYEN: Want to get you an update on this developing story we're watching. A plane has arrived in Newark International Airport. It's from Korea. Don't know which airline, in fact, but what we do know is that 85 passengers onboard that plane are complaining of flu-like symptoms. Emergency crews are on the ground and we hope to hear more about exactly what is causing this illness. But again, a plane from Korea has landed at the Newark International Airport and some 85 passengers are reporting flu-like symptoms. We'll stay on it.

LEMON: Yeah, details right here on CNN if it warrants it throughout the evening, here on primetime.

Let's head over now to New York. The closing bell is about to ring on Wall Street.

I Susan Lisovicz, what kind of day was it?

SUSAN LISOVICZ, CNN NEWS CORRESPONDENT: Well, you know, it was another volatile session. The Dow was actually down more than 100 points, battling back, a big rally. A lot of applause on the floor because all of the folks on the platform at the New York Stock Exchange ringing the closing bell are recipients of the congressional medal of honor. Many of our viewers know that is the highest award for valor that can be awarded to an individual for valor against an enemy. And that -- all of them are heroes, and we solute them. There's tremendous applause when they entered, some of them using canes, some with wheelchair assistance. We salute them, as well. There's the closing bell.

Kind of a mixed session on Wall Street. I'll see you tomorrow, Betty and Don.

LEMON: Bye-bye.

LISOVICZ: But, the Dow erased most of its losses for the day, the NASDAQ, the S&P turned positive on the session.

Now it's time for THE SITUATION ROOM and Wolf Blitzer.