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Pat Tillman Probe; Prosecutors Could Seek Death Penalty in Connecticut Murders; Michael Vick Goes to Court; Is Obesity Contagious?

Aired July 26, 2007 - 09:00   ET

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


HEIDI COLLINS, CNN ANCHOR: Good morning, everybody. You are in the CNN NEWSROOM.
I'm Heidi Collins. Tony Harris is off today.

Watch events come into the NEWSROOM live on this Thursday morning. It is July 26th.

Here's what's on the rundown.

New developments in the Pat Tillman friendly fire death. A general who withheld notification may find part of his pension withheld.

Also, communication breakdown. A judge lets an accused child rapist walk for want of an interpreter. But CNN finds one.

And swept away by rushing water. A 12-year-old girl and her dog can find nothing to grab until rescuers grab on to them.

Hold on tight in the CNN NEWSROOM.

He left the football field for the battlefield, but who knew Pat Tillman was killed by his own troops? Today, word of possible punishments.

Senior Pentagon Correspondent Jamie McIntyre has more.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT (voice over): Pentagon sources tell CNN that Army secretary Pete Geren is strongly considering a letter of censure against the highest-ranking general facing punishment in the Pat Tillman case. If Geren recommends the censure, it would come on top of disciplinary action expected to be announced next week against nine officers who were all found to have made critical mistakes in the aftermath of the friendly fire death. But for the three-star general who retired last year, it would mean a reduction in rank and a cut in pension benefits.

Lieutenant General Philip Kensinger was the most senior of nine officers faulted by the Pentagon in a March inspector general's report probing the death of former NFL-player-turned-Army-Ranger Pat Tillman in April of 2004. In fact, the three-star general was the Army's representative at Tillman's nationally televised memorial service the following month.

The DoD IG report concluded that, at the service, "Although Lieutenant General Kensinger knew friendly fire was suspected, he decided to withhold notification from family members." It also found when asked about it later, "Kensinger provided misleading information to investigators..."

(on camera): So, he said at that point he didn't know that fratricide was a likely cause, a likely reason for the death, and that he didn't find out until afterwards. And you didn't find that credible?

THOMAS GIMBLE, DEFENSE DEPT. INSPECTOR GENERAL: We didn't find that credible. We found evidence that he knew in the April time frame.

MCINTYRE: Well, that sounds like lying.

GIMBLE: Well, in the Army, we'll look at that. And we'll make a determination.

(END VIDEOTAPE)

COLLINS: Jamie McIntyre joining us now.

So, Jamie, is the suggestion that General Kensinger lied? What sets him apart from the other officers who we are aware of that were investigated?

MCINTYRE: Well, there were nine officers who were faulted for their actions by the DoD inspector general back in March, and we're going to see them all get some sort of reprimand next week, according to Pentagon sources. But the sharpest criticism from that investigation was for General Kensinger, and he may therefore get the harshest penalty.

What he is basically accused of is knowing before Pat Tillman's memorial service that friendly fire was the likely cause of his death and withholding that information from the family. And then when he was asked about that by investigators, giving what investigators concluded were misleading statements.

He said he only knew about it just the night before the memorial service and he didn't think it was appropriate to bring it up, but they found evidence indicating that he knew about it at least days before that, because there were memos and things that were in files that he would have reviewed. So that's one of the reasons why he's being singled out.

But again, Heidi, nobody here is facing any criminal charges, because the DoD IG did not find any criminal wrongdoing.

COLLINS: That's right. They did.

Jamie McIntyre, live from the Pentagon this morning.

Jamie, thanks for that.

Word from the U.S.-led coalition in Afghanistan now more than 50 insurgents have been killed. It happened in southern Afghanistan. A 12-hour battle that ended early today.

The coalition says Taliban militants fired at an Afghan patrol. Afghani coalition forces fired back and called in warplanes. No reports of major injuries to civilians or Afghan and coalition forces.

In cold blood. Two career criminals accused of terrorizing and slaughtering a Connecticut family. Should the suspects face the death penalty? New debate as gruesome details emerge.

CNN's Anderson Cooper has the story.

(BEGIN VIDEOTAPE)

ANDERSON COOPER, CNN CORRESPONDENT (voice-over): A family terrorized, a mother and her children murdered, allegedly by two career criminals out on parole who may have preyed on their targets for days.

RICHARD HAWKE, FATHER OF JENNIFER HAWKE-PETIT: I think God is crying with us today over this disaster.

COOPER: A local newspaper says Steven Hayes and Joshua Komisarjevky allegedly followed Jennifer Hawke-Petit and her 11-year- old daughter, Michaela, on Sunday. From there, the paper says the suspects went to a Wal-Mart to buy rope and an air gun.

Then, police say, the two waited near the Petit home in the quiet small town of Cheshire, before entering the house at 3:00 a.m. on Monday. Inside, a scene of unspeakable horrible unfolded.

Reports say the father, prominent doctor Dr. William Petit, encountered the men, who took him to the basement, where they tied and beat him. Then, police say, they turned on Mrs. Petit, Michaela, and 17-year-old Hayley, binding them, brutalizing them, and raping them.

Around 9:00 a.m., one of the suspects allegedly forced Mrs. Petit to this Bank of America and waited outside while she withdrew $15,000. Somehow, Mrs. Petit was able to tell a bank employee that her family was being held hostage. Bank officials notified police.

But by the time patrol cars showed up at the home, about half-an- hour later, the house was in flames and the two suspects were in the family's SUV, ramming one cruiser, before both were caught.

Today, take medical examiner says Mrs. Petit was strangled, her body found on the first floor, upstairs, the bound bodies of Michaela and Hayley. Autopsy results indicate both died of smoke inhalation.

HAWKE: We were just shocked to hear that there could be such a tragic, evil thing that could be done to human beings.

COOPER: Dr. Petit managed to escape. He's now at a nearby hospital. As the two suspects remain behind bars on $15 million bond each, we're learning more about their pasts.

Court records show 26-year-old Komisarjevky, who lived just two miles from the Petit home, was a serial burglar who began stealing when he was just 14. He was in and out of prison. Even so, Komisarjevky was paroled on April 10; 44-year-old Hayes was convicted numerous times since 1980 on multiple charges, including forgery, drug possession, burglary and escape from custody. He was paroled less than a month after Komisarjevky.

The two men met each other last year at a halfway house. They haven't filed pleas in the case. Prosecutors have told reporters they might bring capital murder charges against them.

JACK LEVIN, PROFESSOR, NORTHEASTERN UNIVERSITY: You know, this might look like a typical burglary gone awry that turned into a robbery. But in this case, we're talking about two sadistic, sociopathic career criminals who decided to up the ante.

COOPER: Anderson Cooper, CNN.

(END VIDEOTAPE)

COLLINS: We have been able to find out a little bit more information about the area that the family lived in. And here is what we have learned about the crime in that town.

It does have a population of just over 29,000. From January of this year to June, there were two murders in Cheshire. In that same time period, there were four sexual assaults. And the local police say during that six months, there was one robbery, 28 burglaries.

Meanwhile, a manhunt under way this morning in Atlanta for a child killer. The victim, a 9-year-old girl who was inside her apartment sitting at a computer. A stray bullet struck her in the head.

Police say there was an argument in the parking lot and five or six gunshots were fired. The girl was apparently an unintended victim.

He dodges defenders on the field, and today NFL star Michael Vick will be a defendant in court. He'll be arraigned on dogfighting charges.

Larry Smith is in Flowery Branch, Georgia, where the Atlanta Falcons open training camp today without Vick.

Boy, what a day it is for the team, I'm sure, Larry.

LARRY SMITH, CNN SPORTS CORRESPONDENT: Yes, absolutely. They're not going to like having the media camped out on the doorstep as they appear to work today for the opening of training camp.

And today was supposed to be the start of something special for the Atlanta Falcons, the opening of camp with a new head coach, and renewed expectations for a team that has failed to reach a bar that's been set high by its fans and its team owner, Arthur Blank. Instead, it's a nightmarish beginning.

As you said, star quarterback Michael Vick is not here, but in Richmond, Virginia, for an arraignment in federal court on charges that he operated a gruesome dogfighting ring.

(BEGIN VIDEOTAPE)

ARTHUR BLANK, FLACONS OWNER: These charges are extremely serious. This is not about him playing football in 2007. This is about him having a life and having a life going forward. And I would -- you know, my only personal suggestion to Michael is that he focus on his defense.

SMITH (voice over): The Falcons wanted to suspend Vick for four games, but the NFL asked the team to hold off. Vick was told to stay away from training camp while the league conducts its own investigation. The NFL could decide to punish Vick for violating its personal conduct code even before a judicial verdict is reached.

ROGER GOODELL, NFL COMMISSIONER: We are not trying to circumvent the legal process or the criminal process. We respect that and think it needs to move forward.

On the other hand, the interests of myself and to Gene and I think overall is the National Football League. What are we going to do that's responsible to the National Football League and our fans?

BLANK: We are definitely in concurrence that we felt him being in training camp was not the correct thing for him personally, given what he has to deal with now or for our coach, coaches, and our players and our organization, and our fans, the community.

BOBBY PETRINO, FALCONS HEAD COACH: What we need to do is meet as a team, talk about it, make sure we get all of our feelings out in the open. And then we need to put it behind us and move on and do everything we can to prepare for the season.

SMITH: That will be a tall task, and not something Petrino thought he had to do when he was hired six months ago and called the Falcons' job the best in the league.

PETRINO: I absolutely have no regrets in taking the job. I'm very motivated and energetic towards the challenges. This is a big obstacle. There's no question about that. And only time will tell whether what I said, you know, really happens.

(END VIDEOTAPE)

SMITH: Right now, it doesn't feel like it's the best job in the league, there's no question, as he already has a quarterback controversy. With Vick not here, newly signed Joey Harrington becomes the quarterback for the moment for the Atlanta Falcons.

Now, practice doesn't begin until 3:00 here Eastern Time. So only a couple of the most hardy of picketers are out here right now at the Falcons training camp. Heidi, let's go back to you.

COLLINS: Yes. And, you know, Larry, I've got to tell you, I don't know anybody that doesn't know about this story and doesn't have a definite opinion about it.

Why do you think it's so passionate with people?

SMITH: You know, it's something you and I have talked before, that we have all talked about, of course, the animal rights activists and people who care about animals, that strikes a cord with them. But at the same time, the NFL quarterback -- any NFL starting quarterback is one of the most visible if not the most visible person in that city.

Just try to take a test, anyone who's watching. Try to name as many mayors of NFL cities as you can. Now try to name as many NFL starting quarterbacks. And chances are you know more quarterbacks.

We don't know the name of the mayor of Indianapolis, but we all know Peyton Manning of the Colts. The same could be said here for Michael Vick and the Falcons.

COLLINS: Yes. We know their salaries a lot better, too. I think that might be part of the issue, as well.

SMITH: Just a little bit.

COLLINS: Larry -- Larry Smith, we know you'll be out there all day. Thanks so much for your reporting this morning.

(WEATHER REPORT)

COLLINS: OK. So this next story is another one we've been talking about here in the NEWSROOM all morning long. Listen to this.

Uncanny cat. When Oscar cuddles up, it seems death is at the door. He is a cute cat, too.

Caretakers at a Rhode Island nursing home say Oscar has a knack. He appears to know when patients have less than four hours to live. They say Oscar makes rounds, sniffing and observing patients.

If he stays in the room, it's time to call the family. The furry grim reaper said to be on target at least 25 times. A lot of people closing their door when they see him coming, too, I think.

Still ahead this morning, rape case dismissed for lack of interpreter. But we found one.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I would do anything, anything at all that this government asked me to do. I am their guest.

(END VIDEO CLIP) COLLINS: And a legal outrage doesn't end there.

Also, lines crossed. Sewage in their drinking water for months.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I have not slept for two days, and I don't know. I'm not even thinking straight at this point. I don't know what to do.

(END VIDEO CLIP)

COLLINS: Long-term health concerns for one family.

Plus, could your social life be too well rounded? Careful. Obesity might be spreading.

And in concert, out of step. Beyonce falls. And falls big. But the singer's slip is just one of many famous flops.

We'll take a look.

You are in the CNN NEWSROOM. We're back in just a moment.

(COMMERCIAL BREAK)

COLLINS: Want to show you some new video we just got in here at CNN. This is former prosecutor Mike Nifong. You remember the Durham, North Carolina, lacrosse case.

Today, he'll be attending an administrative hearing. He's on his way to court right now.

What's going to be happening is the process of considering whether to hold Nifong in criminal contempt of court for his handling of the Duke lacrosse rape case. The judge, you may remember, has already ruled that there is probable cause that Nifong may have deliberately made false statements about the case.

So we'll be watching this one for you. Once again, Mike Nifong headed into court, as you see him there, for an administrative hearing today.

Attorney General Alberto Gonzales could be facing a perjury investigation. He testified this week a White House meeting in 2004 was not about the controversial warrantless wiretapping program. But senators say that contradicts a letter sent to the Judiciary Committee last year by former national intelligence director John Negroponte.

The meeting involved eight congressional leaders, including four Democrats. Committee chairman Patrick Leahy says Gonzales has until next week to revise his testimony or face a perjury investigation. The Justice Department says Gonzales stands by his testimony.

Is obesity contagious? Well, a new study says if your friends are fat, the chances that you'll pack on the pounds go up 57 percent. More now from medical correspondent Elizabeth Cohen, who's joining us here.

Really?

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: So intriguing, isn't it?

COLLINS: Yes.

COHEN: They say it's really true. They say obesity seems to be "socially contagious". That's the term that they used. Not truly contagious, just socially contagious.

These researchers say when they looked at large groups of people, that people who were overweight tended to also have overweight friends. And so they wondered why would this be true, and there are a couple theories out there. They're not exactly sure why.

One theory is that if you're overweight, and you have overweight friends, you might tend not to lose weight because you feel like that's kind of the norm. Everybody looks like you.

Another theory is that you hang out with people who like to do what you like to do, so as a friend of mine who is overweight put it, "I like to go out and eat and I don't want to be with skinny people who are going to judge me and eat salads and say no to dessert. I want to hang out with people who are going to do what I do."

COLLINS: Is there any way that you can use this information, though, to your advantage to possibly lose weight?

COHEN: Well, that is the exciting part, is that you can take this information about overweight people tending to have overweight friends and think of it in the flip way. Underweight -- skinny people or fit people tend to have fit friends.

So, if you are overweight and you start to lose weight, your friends might also start to lose weight if obesity really is a socially contagious disease. So, you might think of it as, if you're going to lose weight, it should be done as a group, that you're going to have a better chance of losing weight if you try it with your friends, if you all do it together.

COLLINS: A friendly competition can sometimes be a positive.

COHEN: Right. Or not even a competition. Just all do it together. Make it a group effort.

COLLINS: OK. Lots of broccoli, I guess.

COHEN: Yes.

COLLINS: What about spouses, though? I mean, they have to have some sort of influence, when you live with somebody else. COHEN: Yes. They did have influence. But what's really interesting is that their influence was not as great as the influence of friends.

Spouses' influence, it was there, but it wasn't as big. And they think that the reason for that is that when you look at body type, you tend to look at people of the same gender.

You tend to identify with people of the same gender. So you look at your spouse, opposite gender, you're not going to identify as much. You're not going to think, oh, that's -- this is the norm. We're both overweight. This is the norm.

You're more likely to look at someone of your own gender. A woman might look at a girlfriend and say, oh, she's fat, I'm fat, this is sort of the norm.

COLLINS: And god forbid, a husband should ever tell his wife that she is fat.

COHEN: Absolutely. That's rule number one, right?

COLLINS: Never good. Never good.

COHEN: Never good.

COLLINS: All right, Elizabeth.

COHEN: OK.

COLLINS: This is an interesting one. Thank you.

COHEN: OK. Thanks.

COLLINS: Well, has the Tour de France turned into the tour de farce? A new cycle of suspensions threatens the sport.

We'll tell you about it after this.

(COMMERCIAL BREAK)

COLLINS: Want to take a moment to show you some really interesting pictures coming in to us from Cuba today. We will be seeing shortly here the interim leader, Raul Castro, not Fidel, as I'm sure you're well aware, leading tens of thousands of people in his country in celebration of Cuba's revolution. Obviously, as we say, filling in -- this is Raul Castro filling in for his brother, Fidel, who, of course, led these type of celebrations for years, but really hasn't been seen in public since last he addressed the crowd at this very celebration in 2006.

Now, we've been hearing many reports, of course, that he is not in good health. But no one has seen him for quite some time. So again, interesting pictures, several people gathered there in Cuba as they celebrate Revolution Day.

We'll keep our eye on that one for you.

And word just in from the White House President Bush plans to host Britain's new prime minister, Gordon Brown, at Camp David this weekend. It will be his first visit since taking office last month.

White House spokesman Tony Snow says the two leaders likely will discuss the conflicts in Iraq and Afghanistan, as well as other issues, including the situation in Darfur and Kosovo. Mr. Brown is expected to pursue a cooler relationship with Washington than his predecessor.

A family in Cary, North Carolina, plans to return home today. They've been in a hotel since city workers found a waste water line was mixed up with the family's regular tap water.

Shae Crisson of affiliate WTVD has the details.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Food that is there is not even edible anymore.

SHAE CRISSON, REPORTER, WTVD (voice over): The Jane (ph) family can't eat the food in their fridge. It was cooked with treated wastewater. They can't clean the dishes the food is on either.

Cary town officials discovered Monday that someone switched the reclaimed water and drinking water lines to their home on Renseforth (ph) Place. It's been that way since they moved in four months ago.

UNIDENTIFIED MALE: And the water to me was tasting different.

UNIDENTIFIED FEMALE: And I said, "Your taste buds are too sensitive."

UNIDENTIFIED MALE: Nobody took me serious, and nobody thought I might be serious, actually. Maybe just joking.

CRISSON: But it's no laughing matter. The Janes (ph) say the water has ruined some clothes, and they fear it may have made their kids sick.

UNIDENTIFIED MALE: One of my kids had been complaining about tummy aches.

UNIDENTIFIED FEMALE: I have not slept for two days, and I don't know. I'm not even thinking straight at this point. I don't know what to do.

CRISSON (on camera): So is it the builder's plumber, or is it the town?

MIKE BAJOREK, INTERIM PUBLIC WORKS DIRECTOR: We are looking into that right now.

CRISSON (voice over): Interim public works director Mike Bajorek says when the problem was discovered, the town shut off the reclaimed water lines, went door to door testing more than 500 houses linked to those lines. That's when they found a second home with the same problem.

That family on Spencer Crest Drive has lived here even longer, and neighbors say they have a young girl and are expecting another child soon.

(on camera): These people have been bathing, drinking, cooking with this water for four to seven months.

You see why they have concerns?

BAJOREK: Oh, you can see why we have concerns for the -- for the homeowners.

(END VIDEOTAPE)

COLLINS: City officials say the health risk from the water is low.

Well, no walk in the park for a girl and her dog. Rushing water in a canal calls for a rescue.

We'll show you how it's done.

(COMMERCIAL BREAK)

HEIDI COLLINS, CNN ANCHOR: Welcome back, everybody.

9:30 Eastern time.

I'm Heidi Collins.

His football career and freedom on the line. Atlanta Falcons' quarterback Michael Vick heads to court today on dog fighting charges.

CNN's Kyung Lah is at the courthouse in Richmond, Virginia, this morning -- good morning to you, Kyung.

KYUNG LAH, CNN CORRESPONDENT: Good morning, Heidi. We're still six hours away from the actual proceeding and we're already to see people gather around the federal courthouse. I'm going to point out, these people over my right shoulder, I believe they're actually dressed up as dogs. And these are just some of the people that we're seeing gathering around the courthouse here.

The police presence here in Richmond, significant. Officers expecting hundreds of people to show up here in six hours, as one of the biggest sport stars faces charges related to alleged dog fighting.

(BEGIN VIDEO TAPE)

LAH (voice-over): Atlanta Falcons' players at training camp without their star quarterback. Michael Vick, the $130 million NFL pro under review by the league and ordered to stay away from camp. ARTHUR BLANK, ATLANTA FALCONS OWNER: These charges are extremely serious. This is not about him playing football in 2007, this is about him having a life.

LAH: Vick is set to be arraigned with three other men, accused of running a brutal dog fighting ring on land he owns in Smithfield, Virginia.

JOHN GOODWIN, HUMANE SOCIETY: This place appeared to have been the hub of an interstate network of dog fighters that went up and down the East Coast.

LAH: At Vick's Virginia property, investigators say they found bloody carpet and training equipment. The indictment alleges Vick and the men executed dogs by shooting, electrocuting or hanging underperforming animals.

POO JOHNSON, MICHAEL VICK'S MENTOR: That really shocked me when they said he abused them and electrocuted them and all of that kind of stuff. That's not the Michael that I k.

LAH: Rumors of Michael Vick's involvement in the underground world of dog fighting have circulated for years -- a stark contrast to the super athlete on the field and the commercial star of products on the shelves.

Nike, one of his biggest sponsors, has delayed release of a new shoe named for Vick.

As everyone from the NFL, fans, animals rights groups and even Congress, weighs in on the allegations of animal abuse.

SEN. ROBERT BYRD (D), WEST VIRGINIA: It's Barbaric. Hear me. Barbaric.

(END VIDEO TAPE)

LAH: Now, following the arraignment, there is a bond hearing scheduled. If Michael Vick is convicted of all of these charges, he faces up to six years behind bars -- Heidi.

COLLINS: Kyung, have you had a chance to talk to people around?

I mean are people telling you whether or not they think that his public image might actually be able to recover from this?

LAH: Well, it depends who you talk to. If you talk to the protesters who are here, the ones who are carrying the signs saying, "Down With Dog Fighting!," they're the ones who say absolutely, his public image has been tarnished. And those protesters are actually just on the opposite side of where I'm standing, at the front entrance of the federal courthouse, where Michael Vick is expected to enter in just about six hours.

But I do want to point out, Heidi, that just seated -- standing next to those people who say that Michael Vick's public image has been tarnished are some of his supporters who have come here. They've come from all over the East Coast and they don't believe it has been tarnished, in part, because this is merely an indictment. This is, at this point, a charge. It is not a statement of any sort of guilt whatsoever. And those supporters say that they believe he has a future as far as public relations and sports.

COLLINS: All right.

Kyung Lah, we appreciate that.

Thanks so much this morning.

We'll be following this story all day long.

In California, an autopsy is likely today in the case of a baby left abandoned in a sweltering SUV. The boy, 11 months old. The father charged with suspicion of felony manslaughter. He tells police he simply forgot the boy when he went into work.

(BEGIN VIDEO CLIP)

DET. LT. DAVID CHILIMIDOS, CONCORD, CALIFORNIA POLICE: It appears that the 47-year-old father of that little boy left home earlier in the morning from his home in Solanto County intent on dropping off his son, who he strapped in the car seat, dropping him off at a day care center in the Concord area. Well, for whatever reason, the father forgot about his son.

(END VIDEO CLIP)

COLLINS: The local temperatures in the area yesterday were in the 80s. That means the temperature inside the SUV could have reached 130.

An outrage story that we have been following all week -- an accused child rapist walks free when the court cannot find an interpreter.

But our Gary Tuchman found this.

Look at this.

(BEGIN VIDEO TAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): This is the man at the center of a legal storm. Because of a bizarre technicality that is hard to believe.

Mahamu Kanneh, charged with the horrifying crimes of raping and repeatedly molesting a 7-year-old girl and of molesting a one -and-a- half-year-old girl, both relatives of his.

But now, the charges against the Liberian immigrant have disappeared.

JOHN MCCARTHY, MONTGOMERY COUNTY, MARYLAND PROSECUTOR: We believe that that decision to dismiss these charges was improper. TUCHMAN: Why were such serious charges dismissed?

Because a court clerk was unable to find an interpreter fluent in the rare language known as Vai who could stay through the entire trial. A court-ordered psychiatrist told the judge an interpreter was necessary.

MCCARTHY: The bottom line is that any delays caused by the attempt to find an appropriate and qualified interpreter is not attributable to the prosecution and legally was the responsibility of the courts and should not serve as the basis for dismissing the charges against the defendant.

TUCHMAN: But Judge Katherine Savage disagreed, saying on the bench, "This is one of the most difficult decisions I've had to make in a long time."

She cleared the charges because she says the long delay violated Kanneh's constitutional right to a speedy trial.

Keeping them honest, we investigated what went wrong.

An estimated 100,000 people in the world speak the West African tribal language of Vai. The court office in Rockville, Maryland says it worked hard to find someone anywhere in the country who could be with the suspect during the trial. Over two-and-a-half years, it couldn't successfully do so. But after researching about two-and-a- half hours...

(on camera): How do you say swimming in Vai?

SYLVANUS CORNEH, VAI SPEAKER: (SPEAKING IN VAI)

TUCHMAN (voice-over): We found a Vai speaking Liberian immigrant who lives about 15 minutes away from the courthouse who would have served as an interpreter if asked.

CORNEH: I would do anything, anything at all that this government asked me to do. I am their guest.

TUCHMAN (on camera): This story strikes high on the outrage meter. But what may be more outrageous involves the question over whether Kanneh needed an interpreter to begin with, because CNN has learned that Kanneh graduated from this Maryland high school back in 2005 -- one of the best high schools in the state, where most certainly you needed to know more than Vai to get by.

(voice-over): At McGruder High School, a student is not allowed to get a diploma without passing four years of English. A source in the school says Kanneh did not even find it necessary to take the English as a second language course that is offered.

And there's more.

JEREMY BROWN, ACCUSED MAN'S NEIGHBOR: But you're right there, number seven. TUCHMAN: Jeremy Brown lives next door to Kanneh.

(on camera): And how long have you lived here?

BROWN: About a year.

TUCHMAN (voice-over): We wanted to talk to Kanneh about his case and language skills, but nobody was home at Apartment 7. So we asked his neighbor this.

(on camera): Does he speak English?

BROWN: Yes.

TUCHMAN: And does he speak pretty good English?

BROWN: Yes.

TUCHMAN: So on a scale of one to 10 of English proficiency, what would you say he has?

BROWN: Probably a seven or an eight.

TUCHMAN (voice-over): No one, from the judge to court clerk to Kanneh's public defender would speak to us about the case, because prosecutors filed an appeal. An appellate court would have the authority to make the charges reappear, but if the appeal fails, Mahamu Kanneh will not ever go to trial on these charges.

Gary Tuchman, CNN, Rockville, Maryland.

(END VIDEO TAPE)

COLLINS: Dramatic river rescues in China. Police risk lives to pluck two boys from raging waters. Officials say water levels have risen to critical levels along vast Chinese rivers. More than 500 people have been killed since the start of the summer floods. Unbelievable.

Rob Marciano joining us now to talk a little bit about a flood rescue in Arizona -- Rob.

(WEATHER REPORT)

COLLINS: You know, when you fall it's not funny. But when a celebrity slips, it is hilarious. Beyonce joins the best of them, coming up.

And, boy, talking about falling. The opening bell this morning -- look at these numbers. Not a great picture. The Dow Jones Industrial Average is down 136, 138. We're already seeing 140. There it is there.

We're going to be talking about this and why on Earth the opening is so low today already.

The Nasdaq also down 37 points. Our Susan Lisovicz will be joining us a little bit later on to talk a little bit about why it may be happening.

Back in just a moment here in the CNN NEWSROOM.

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COLLINS: Hopefully you already know to catch us weekday mornings right here, 9:00 a.m. Until 12:00 p.m. Eastern.

I'm wondering, though, did you know you can take us with you anywhere you go on your iPod?

The CNN NEWSROOM pod cast is available 24-7. It's pretty cool, too, right on your iPod.

Catch a falling star and post it online. Beyonce's concert slip is just the latest YouTube tumble.

Our Jeanne Moos takes a look.

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JEANNE MOOS, CNN CORRESPONDENT (voice-over): When's the last time you fell on your face or on your butt or off a stage?

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KELSEY GRAMMER: Pretending I was a U.N. interpreter. Oh, good lord. Oh. (OBSCENE WORD OMITTED). Oh, damn.

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MOOS: It's bad enough when you're Kelsey Grammer. But imagine when a diva takes a dive in front of thousands of fans, many armed with cameras. That's what happened to Beyonce.

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MOOS: A spokesperson said her hem got caught in her shoe and the moment was caught on YouTube, even though fans shooting home video of the Orlando, Florida concert reported that Beyonce asked good- naturedly...

BEYONCE: If any one of you got video of that, please don't put it on YouTube.

MOOS: Fat chance. And from YouTube it spread. The next thing you know, Beyonce is the number one video on CNN.com, knocking giant tumor out of the top spot. And it takes a lot to dislodge a 33-pound tumor.

Much was made of the fact that Beyonce bounced back. Her hair bounced even more. Fans posted praise like "takes a licking and keeps on ticking."

Lest you think we're reveling in Beyonce's misery, we're kind compared to the news anchor who couldn't stop laughing over a model who fell.

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UNIDENTIFIED FEMALE: You try walking in those shoes.

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MOOS: But, hey, plenty of falling news people get plastered on YouTube.

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UNIDENTIFIED MALE: Whoa.

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MOOS: Covering storms or stomping grapes.

But don't believe every journalistic misstep you see on the Web.

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HUCK STORM: Well, last night there was a robbery at about 3:30 in the morning. Now police have...

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MOOS: Apparently Chuck storm is just a character dreamed up by the creator of this Web site. And Chuck Storm isn't so far from the reality of Al Roker.

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AL ROPER: Right about now I go down. Oh!

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MOOS: Al is featured on a Web site called peoplefallingover.com. You have to love their logo.

And as if falling weren't bad enough, there are all those slow motion replays. Cheer up, Beyonce -- at least you didn't end up like Carrie Bradshaw.

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UNIDENTIFIED MALE: Oh, my god, she's fashion road kill.

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MOOS: It's not how far you fall, it's how fast you recover.

And who says gallantry is dead?

To the rescue.

Jeanne Moos, CNN, New York.

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COLLINS: Oh, it's kind of hard to stop laughing, isn't it?

Road food -- scrambled eggs to go.

How about that?

Thousands of orders, but really nobody waiting. The pictures coming your way in the CNN NEWSROOM.

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COLLINS: You know, we hadn't planned on doing this, but we want to get straight to Susan Lisovicz at the New York Stock Exchange because upon the opening this morning, Susan, boy, those numbers -- we saw it down 140 sort of right off the top this morning.

What is going on?

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COLLINS: Doping recycling -- new scandals threaten the sport of cycling during its showcase event.

CNN's Pedro Pinto reports.

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PEDRO PINTO, CNN CORRESPONDENT (voice-over): It's the latest blow to hit what is being increasingly labeled as the Tour de Farce -- Alexander Vinokourov's positive doping test.

MARC BIVER, ASTANA TEAM MANAGER (THROUGH TRANSLATOR): The amount of hemoglobin and the variation between the young red blood cells and the old red blood cells found in Vinokourov's blood indicated that there had been a transfusion. With this evidence, we have immediately suspended Vinokourov and we have sent him home.

PINTO: Cycling promised to turn a new and clean leaf in 2007. The sports' officials say riders who still try to game the system are playing Russian roulette with their careers.

PATRICE CLERC, ASO PRESIDENT (THROUGH TRANSLATOR): If they are still cheating and discrediting this sport, they do not understand our complete determination in stopping it once and for all.

PINTO: Several riders of the Tour staged a protest against the doping scandals on Wednesday, but the message may not be getting across to many of them. Vinokourov's exclusion comes only days after a German rider, Patrik Sinkewitz, tested positive for elevated levels of testosterone.

It's difficult to understand how riders could still make mistakes like missing a drug test. It's just that cycling has had the spotlight on doping for years. Before the 2006 addition of the Tour kicked off, Jan Ulrich and Ivan Bosso were kicked out after testing positive for illegal substances. And then, winner Floyd Landis was busted. The American is still trying to prove he did not take performance enhancing drugs. Broadcasters, cycling's cash cow, have begun to take notice. German Channel ZDF, which had rights to show the Tour in Germany, decided to drop the event.

NIKOLAUS BRENDER, "ZDF" EDITOR-IN-CHIEF (THROUGH TRANSLATOR): We want to say that public broadcasters are only prepared to show clean sports. And this step is the proof of that.

KEVIN ROBERTS, "SPORT BUSINESS" MAGAZINE:

The problem with doping scandals is that they tend to taint not just the individuals or the teams that are directly involved or are accused of being involved, but the whole event. There is an inescapable taint around this event at the present.

PINTO (on camera): So where does the Tour go from here?

This year's edition of the competition will come to an end in Paris on Sunday. The 2007 started here in London and in the past, big European cities always wanted to be associated with cycling's flagship event. But after the most recent doping scandal, you get the impression that no one wants to be a part of it.

Pedro Pinto, CNN, London.

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COLLINS: A football star killed by friendly fire.

Did anyone purposefully keep quiet? And will they pay?

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COLLINS: The pain of kidney stones.

CNN's Judy Fortin explores how they develop and how to prevent them in your 30s, 40s and 50s.

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JUDY FORTIN, CNN MEDICAL CORRESPONDENT (voice-over): Forty-six- year-old Linda Ruder has recurrent kidney stones. In fact, she just had a kidney stone removed. It began as a dull throb in her back and as it started to move, the pain was unbearable.

LINDA RUDER, SUFFERS FROM KIDNEY STONES: You can actually feel the stone when it moves. And it's very painful.

FORTIN: Stones form in the kidneys, those two bean shaped organs in the middle of your back, from substances in urine. The pain is caused when the stone move through the urethra, the narrow tube urine passes through.

These are actual kidney stones. Most are the size of cookie crumbs. In rare cases, they grow to the size of an egg.

The 30s are when men and women would be most likely to get their first stone. Pregnancy can increase the risk for kidney stones, but they often go unnoticed because the pain is confused with contractions or cramps. Many eventually pass. But sometimes a stone can go undetected until after birth.

In your 40s, the prevalence of kidney stones rises dramatically in men. Kidney stones may be a sign you're losing calcium from your bones. And if you have a stone, your doctor may suggest a bone density test. Diet can help.

DR. DAVID GOLDFARB, ST. VINCENT'S HOSPITAL: People who took in the most dairy, the most calcium, yogurt, milk and the like, will actually have fewer kidney stones.

FORTIN: In your 50s, kidney stones can be caused by two popular enemies -- obesity and diabetes.

GOLDFARB: It's really time for you to address weight loss, exercise and diet as a way of addressing not just this kidney stone, but your risk of high blood pressure and vascular disease -- cardiovascular disease, your risk of heart attacks and strokes.

FORTIN: Knowing most folks who have a kidney stones will have another, Linda works hard to maintain her weight and also knows the simplest way to prevent kidney stones is drinking lots of water -- at least three liters a day.

Judy Fortin, CNN, reporting.

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