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Jena 6 News Conference; Security Scare at Eugene, Oregon, Airport

Aired September 27, 2007 - 14:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: Want to take you live inside that courtroom right there in LaSalle Parish County Courthouse. We have actually never been able to get inside a venue like this, live in Jena, Louisiana. It's an interesting move by the D.A., Reed Walters, who is about to hold a news conference.
Louisiana's governor said that the D.A. has decided not to appeal the decision sending defendant Mychal Bell's case to juvenile court. Mychal Bell, the one defendant in part of the Jena 6.

It looks like the D.A. is stepping up to the mic. Let's take it live.

(APPLAUSE)

REED WALTERS, DISTRICT ATTORNEY: Thank you very much, ladies and gentlemen. I certainly appreciate that.

But before I begin this conference, I would like to say that really the people that you need to be applauding are these gentlemen you see standing around here being the law enforcement personnel of this area.

(APPLAUSE)

WALTERS: Last Thursday, as you recall, was a pretty unique event in the history of the town of Jena. Many thousands of people were here. It had the potential, obviously, to be quite unnerving and quite disruptive, but because of the professionalism of the police agencies -- and please forgive me. If I start naming one, I will forget one, so I'm not going to name anybody individually. I'm just going to say all law enforcement officials who had a hand and a part in taking place in the demonstrations last Thursday, you gentlemen, you ladies, did an excellent job.

You have my undying gratification. The people of the town of Jena salute you. I am -- I cannot tell you how extremely proud I am to be associated with you.

Thank you.

Now, ladies and gentlemen, again, thank you for your attendance at this conference.

I want to again begin by reminding you as I did in my first news conference that there is a victim in this case. His name is Justin Barker. I want everyone to know that the decision I am about to announce is based upon what I believe is best for him.

I have decided not to appeal the decision of the Third Circuit Court of Appeals that overturned the conviction of Mychal Bell in adult court and sent the case back to juvenile court. This means the case against Mychal Bell will now go forward in juvenile court. This decision comes after thoroughly reviewing the facts and researching the law in this area, as well as consulting with some of the best legal minds that I know of in this state.

While I believe that a review would have merit in this very unsettled area of the law, I also believe that it is in the best interest of the victim and his family not to delay this matter any further and to move it toward a conclusion. Before making this decision, I did consult with the victim and his family. They are on board with what I have decided.

I know you are going to ask me what does this mean about Mychal Bell's getting out of jail. I don't know.

Before his conviction in adult court, the judge had set a bail at $90,000. I do not know whether that bail will now be reinstated or whether the judge may set a different bail.

As I said earlier, this is an unsettled area of the law. In any case, it is not for me to decide. Setting bail is strictly a matter for the court, and I'm certain that the court will set what he considers to be an appropriate bail amount.

I'm sure you also want to know what impact the demonstrations that occurred in Jena last week and other statements made by prominent people have played a part in my decision. The answer is none.

As I have said before, to do my job well, a prosecutor must develop a thick hide against outside influences. He must make his decisions based upon his own best judgment.

Yes, there is an unusual amount of interest that has been shown in this case. But no, it has not affected the way I have handled it.

Now, ladies and gentlemen, I am prepared to take questions at this time.

Obviously, because of the juvenile nature of the proceedings, I cannot answer -- I probably won't be able to answer a lot of your questions.

I also want to say this: that I'm up against a time constraint. I have got two things that I have got to get to the court of appeals rather quickly. So I cannot stay very long.

Also, this courtroom is going to be needed this afternoon for an unrelated hearing. So the judge who's coming in is going to want us to all be gone for him.

So, again, before I take questions, let me say that I'm here to communicate with the news media. If there are people here who are not a part of the media and you try to hijack this news conference or make a speech, as was done the last time, I'm going to stop it again just like I did last time. And so the legitimate reporters will not get their questions answered.

So, I'm going to count on your for a little policing here.

Again, reminding you that because of the juvenile nature of this case, I may not be able to answer all of your questions. But with that said, I will do the best I can.

QUESTION: (OFF-MIKE)

WALTERS: The juvenile petition will charge Mr. Bell with conspiracy to commit aggravated second-degree battery and a different petition will charge him with aggravated second-degree battery.

QUESTION: Do you think that Mychal Bell is a threat to this area, and would you like to see him held without bail? Professionally speaking.

WALTERS: I cannot answer that at this time.

QUESTION: How do you think you've done so far in this case, Mr. Walters? How do you feel about the way you've proceeded?

WALTERS: I've handled this case in an utmost professional manner. I've treated everyone fairly and with dignity.

QUESTION: In most juvenile hearings when someone is arrested as a juvenile, are they not released on (INAUDIBLE)? Or is there usually a bail?

WALTERS: Again, bail is up to the judge. Whatever he sets is what's imposed.

QUESTION: Is there going to be a bail hearing sometime today or in the near future?

WALTERS: Bail is up to the judge. If he sets it today he will set it today. If he orders a hearing he will have a hearing.

QUESTION: Now that everything's in juvenile court, will bail be transferred into a juvenile facility?

WALTERS: I'm sorry. I didn't hear that question.

QUESTION: Now that everything will proceed in juvenile court, will bail be transferred to a juvenile facility?

WALTERS: Yes.

QUESTION: The governor indicated she spoke with you last night. Did she or any other state officials offer any kind of pressure or encourage you to withdrawal (INAUDIBLE)?

WALTERS: Actually, this decision was made tentatively last Friday. I had a few other things that I needed to research, people that I needed to that talk to. I was not able to talk to them until Tuesday afternoon.

I have spoken with the governor. I have relayed my decision to her. Obviously, she's pleased, as you can tell from her press conference. But no, she did not influence or try to put any pressure on me.

QUESTION: What do you know about the threats that are being given towards the Jena 6?

WALTERS: Threats against anyone, Jena 6, the victim, his family, you, me, any of us, wrong, absolutely wrong. Will not be tolerated.

QUESTION: Will the Mychal Bell case have any effect on you hearing the other cases?

WALTERS: No. No. No.

QUESTION: (INAUDIBLE), would you go along with that?

WALTERS: This is Brother Don Sibley (ph), who is a minister. And I want to say that -- let me say this at this time -- the ministers in this area of all faiths and denominations have worked wonderfully to assist in this matter.

I appreciate you. I appreciate all of the prayers that have been sent up.

To answer your question, again, bail is set by the judge. When he sets the amount it then becomes the prerogative of the sheriff to determine what type of bail he will accept as being sufficient.

QUESTION: Is there usually bail set for juveniles who are charged with crimes?

WALTERS: Yes. They are treated just like any other person who might be charged with a crime. Yes. Bail -- they are subject to bail considerations.

Now, again, bail is up to the judge -- what he wants, when he sets, conditions that he sets. There are several factors in the children's code that he considers in determining whether bail is made.

QUESTION: So how will the hearing that happened last Friday be different from the next hearing that happens? What did he -- as a juvenile in juvenile court (INAUDIBLE) hearing last Friday and bail was denied?

WALTERS: That was not a bail hearing last week.

QUESTION: (OFF MIKE)

WALTERS: I do not know that.

QUESTION: You said that you spoke with the Barkers before you ultimately made your decision. Can you share any thoughts from either Justin or his parents?

WALTERS: No. No. I won't do that.

QUESTION: Are you still considering charging the other three men who allegedly hung the nooses? The same crime?

WALTERS: There is no crime to charge them with. I thoroughly researched that. As I said in my last press conference, I thoroughly researched it. While I consider that to be not the greatest thing that an individual could do, it is simply not a crime.

QUESTION: Mr. Walters, to pick up on that, your op-ed piece said you (INAUDIBLE). I talked to a number of people in this community and some said that the nooses were hung as a prank. Some say they were hung ahead of a football game against the Cowboys.

What did your research find? Was this mean-spirited?

WALTERS: I didn't research into the motivations behind why someone does something. Motive is not a concern when you go to prove a crime. You prove what happened. Why someone did something is really not important to me.

QUESTION: Some have said vandalism or even possible charges (INAUDIBLE) or even -- I don't know the exact language of the law, but starting a riot could be some charges that they could face, and then adding on a hate crime on top of that. Not a consideration for you?

WALTERS: I think that if you read my piece in "The New York Times" yesterday, for me to go out and hunt down something to charge someone with would be an absolute violation of the code of ethics and my responsibility as a prosecutor. That implies that I can just go out and look up something and charge somebody with. A prosecutor...

(CROSSTALK)

QUESTION: (OFF-MIKE)

WALTERS: ... must have a basis of probable cause and believe that he has probable cause to file charges.

QUESTION: Some would say the second-degree murder charges against (INAUDIBLE) Mychal Bell would be exactly what you just said you won't do is what you did.

WALTERS: I'm not going to argue with what someone said.

QUESTION: Mr. Walters, what do you have to say to the people who have been following the story from the beginning who think you threw the book at him just because he was black? What's your response to that?

WALTERS: Wrong.

QUESTION: Are you a racist?

WALTERS: Wrong.

QUESTION: Mr. Walters, in your career has there been a similar case like this where there was an incident in a high school or a middle school where you ended up bringing charges? I know you have a long career here. Is there a case that's been similar to this one that you can direct us to?

WALTERS: I cannot think of one at the time right off the top of my head. If there has been I don't recall it. I have been here for almost 17 years, handled a lot of cases. And maybe if I go back and look I might find something. But right now I can't think of anything.

QUESTION: So this case would have been fairly unique for this community, for you to go and charge a high school student?

WALTERS: No. Actually not unique. Your use of the term "unique" is not correct. This case has been made unique by individuals, but the facts of the case are not unique.

QUESTION: Because this has been thrust into the national spotlight and all of the pressure that you've received from various groups, including news organizations to civil rights leaders, how have you dealt personally with all of the pressure that has been upon you in the last weeks?

WALTERS: Well, I'm not going to say that I haven't been stressed by this. But let me say this -- and I think this is a good time to say this and an appropriate time to conclude this conference because of the things I have to get done. The only way -- and let me stress that -- the only way that I believe that me or this community has been able to endure the trauma that has been thrust upon us is through the prayers of the Christian people who have sent them up in this community.

(APPLAUSE)

WALTERS: I firmly believe and am confident of the fact had it not been for the direct intervention of the Lord Jesus Christ last Thursday, a disaster would have happened. You can quote me on that.

QUESTION: (OFF-MIKE)

WALTERS: I'm sorry?

QUESTION: (OFF-MIKE)

WALTERS: Absolutely.

QUESTION: I think everybody handled themselves very professionally.

WALTERS: Absolutely.

QUESTION: And I think that it is a shame for to you say that only Jesus Christ caused what happened there last Thursday. I think it was the behavior of at least 30,000 people. WALTERS: What I'm saying is that the Lord Jesus Christ put his influence on those people and they responded accordingly.

Thank you very much, ladies and gentlemen. I appreciate it.

I have pressing matters I have got to take care of.

Thank you.

(APPLAUSE)

PHILLIPS: You heard it straight there from the D.A., Reed Walters, in Jena, Louisiana, that he has decided not to appeal that decision, sending defendant Mychal Bell's case back to -- or as an adult. Rather, it is going to stay in juvenile court. He is not going to challenge that. His conviction, as you know, being tried as an adult have been thrown out.

Now, the question is, Don, will he be released on bond? He says that's not up to him. That's up to the judge. The judge has to set the bail and make that decision. It was $90,000. That's not change.

DON LEMON, CNN ANCHOR: Ninety thousand dollars, yes. That could happen.

But it was very interesting press conference. And for the first time you were down there. You know, first time they allowed cameras even inside the courthouse. And then him setting up this courtroom as place to give that press conference.

But it's very interesting, because he arrived to applause. And -- which is unusual at a press conference, especially given this type of situation.

But he did say, "I treated everyone with respect and dignity in this case." But the end of press conference, a little interesting. Almost a confrontation there between him and a gentleman in the audience when he invoked the name of Jesus Christ in all of this. Especially the marches last weekend, saying it was only because of Jesus Christ and his intervening on this that something bad didn't happen when all those protesters were there

So that was a very interesting moment there.

PHILLIPS: It's going to be interesting to follow up and see what happens. If indeed Mychal Bell is released, what that bail would be. And also the discussions that happened since this press conference took place.

I believe that might have been Pastor Shibley (ph)...

LEMON: Yes.

PHILLIPS: ... that was challenging him on the issue of Jesus Christ and Christianity playing a part in all of this. It goes to show, this is small town Louisiana, and there are more churches in that area than many parts of that state. And that was pretty fascinating to watch as well.

LEMON: Yes.

We've got a lot coming up. We have our Sean Callebs and the Reverend Al Sharpton. And you're going to speak with...

PHILLIPS: Melissa Bell.

LEMON: Yes.

PHILLIPS: Mychal's mom is going to join us live in just a little bit as well.

LEMON: All right.

They're the key supporters of the Jena 6 defendants. Ahead in the NEWSROOM, as we said, civil rights activist Al Sharpton and Mychal Bell's mother, Melissa.

We'll bring it to you. Back in a moment.

(COMMERCIAL BREAK)

LEMON: The district attorney in the Jena case, Reed Walters, holding a press conference just moments ago. You saw it here live on CNN. One of the more interesting press conferences we have witnessed on television here.

Let's go now to the ground. CNN's Sean Callebs was inside the courtroom.

And Sean, a bit surprising, applause in the beginning. And then that altercation there at the end with the gentleman in the courtroom.

Tell us about being inside of the court.

SEAN CALLEBS, CNN CORRESPONDENT: Well, I think that the way you explained it, it certainly was one of the more interesting news conferences.

The first time I went in, authorities said, you know, next time you come back in, bring your press credentials. So I brought it and I went in. And there were probably 50, 60 people, local residents, here.

The D.A. did at the very start indicate he didn't want to hear from town residents on either side of this. This was a conference for the media.

But at one point I think one thing everybody is going to be talking about, the statement at the very end where the D.A. in essence said he thought that the civil rights rally in the streets of Jena last Thursday was peaceful because of Jesus Christ, that he had -- his influence was felt on the people who were demonstrating that day. I just had a chance to speak with the Reverend Donald Sibley (ph), the one who actually challenged the D.A. on that, said, you know, I think that's a little unfair characterization.

If you look at the way that rally was head, it was incredibly peaceful. No arrests, no incidents. No trash on the street, no broken windows. And he thought that by phrasing it the way he did, it really diminished the efforts of the 15,000 to 20,000 people who came to this town to try and demonstrate so peacefully, trying to get their message across about the way they feel about the so-called Jena 6.

LEMON: And excuse me, Sean. Do you know if Reverend Sibley (ph) is anywhere near? If you can, we would love to speak to him about that moment if you see him around.

CALLEBS: Reverend.

SIBLEY: Yes, sir?

CALLEBS: He's right here.

PHILLIPS: Grab him.

LEMON: Yes, grab him. Thank you.

CALLEBS: Reverend Sibley (ph), can you...

LEMON: Kyra, jump in on this, because you were down there with him.

We want to talk to the Reverend Sibley (ph).

CALLEBS: Reverend, we want to ask you just a few questions.

I want to begin by, you challenged the D.A. when he said the reason the rally was so peaceful was because Jesus Christ intervened and his presence was felt with those people. And you believe that by saying that it diminished the efforts of all the people in the town who were demonstrating so peacefully.

Do you think that this could cause a further rift between civil rights leaders and people who are demonstrating on behalf of the Jena 6 and the district attorney?

UNIDENTIFIED MALE: Well, the only point I was trying to make is that both sides pray. Now, we know Jesus is not a team player.

CALLEBS: But to say the rally was peaceful because of Jesus, was that fair?

UNIDENTIFIED MALE: Yes, it was. I can't -- I can't diminish Christ at all. But for him to use it in the sense that because his Christ, his Jesus, because he prayed, because of his police, that everything was peaceful and was decent and in order, that's not the truth.

CALLEBS: Explain that just a bit. What do you mean by his Christ and his...

UNIDENTIFIED MALE: Obviously, we are serving two different gods here.

My bible says that we should do -- we should be loving, love your neighbor as yourself. For him to try and separate the community like he is, and then using Christ, Jesus, to influence the people that Jesus is working on their side, well, that's -- that's absurd. Christ -- God is a god of the human race.

CALLEBS: If this was a news conference to try and begin the healing process, did this drive a deeper wedge into the division that is certainly present...

UNIDENTIFIED MALE: Yes, it did. Yes, it did. Yes, it did.

He -- he should have acknowledged the fact that everything was done peacefully and in order. There was very little litter left after the march. And...

CALLEBS: I think we have some questions from our anchors.

Don...

(CROSSTALK)

LEMON: Let me ask him if he thinks it's an insult to all of the protesters who came there peacefully to say that?

CALLEBS: Was what the D.A. said, was that an insult to all the people who came here to protest peacefully?

UNIDENTIFIED MALE: I don't believe it was an insult to the white community. I think it was more...

CALLEBS: No, was it an insult to all the people that came here to demonstrate peacefully?

UNIDENTIFIED MALE: Yes, I think it was. I think it was. I think it was, because like I said, he's separating Christ once again, his Christ and our Christ.

CALLEBS: One of the things we hear so much, it's the media inflaming this. Do you think that's the case, or do you think the media is simply pointing out the way conditions are in this town?

UNIDENTIFIED MALE: I think that if the media hadn't picked up on this, that all of this never would have come to the forefront like it has. It never would have drawn the people who have come to help us to show that what he has done is wrong.

CALLEBS: I have to say one thing. Mychal Bell was no choir boy.

UNIDENTIFIED MALE: He wasn't.

CALLEBS: He had four convictions of assault. UNIDENTIFIED MALE: I totally agree.

CALLEBS: So, instead of "Free Jena 6," should the shirts read, "Appropriate punishment" for members...

UNIDENTIFIED MALE: Appropriate punishment. But when we are talking about freedom, we are talking about freeing them from the oppression, freeing them from the stereotyping that is done here in Jena. And I think that it's all going to work out through prayer, through a unified effort between both communities, the black and the white communities.

CALLEBS: Reverend, thank you very much for taking time out to chat with us.

UNIDENTIFIED MALE: Thank you. Thank you for allowing me to talk.

CALLEBS: Well, Don and Kyra, we've heard both sides from this. And both speaking better -- dramatic, polarized ends of this. It's going to be interesting and certainly something we are going to continue to follow as this continues to move on.

Now we are waiting to see if indeed there is going to be movement on the bail issue to see if Mychal Bell is released from the LaSalle correctional center where he is held, about 20 minutes from here.

PHILLIPS: Quite the interesting day in court and in Jena once again.

LEMON: Yes.

And thank you, Sean, for that.

And we were sitting here, didn't know quite how to handle that moment. I mean, I have to be honest, when he said that, both of us didn't really quite know how...

PHILLIPS: Well, it's such a big part in that community. And what was interesting is, when I was there, I mean, there were black pastors and white pastors telling me that they are finally all coming together and meeting once a month, or having a breakfast, because they are trying to figure out how to unite this community...

LEMON: Right.

PHILLIPS: ... through the church. And two act as one. But they even told me there has been resistance within the pastors' world of black and white, having this breakfast and trying to figure out how to get along. But still, it's really difficult.

And there is a lot of division even within the Christian circles. So I think that today and how the D.A. brought that into the courtroom or into that press conference will be interesting to see how it plays out from here. LEMON: But you know what they say -- I'm not sure about up North, but down South, they said if you want to see the most segregated day on earth, go Sunday morning...

PHILLIPS: Church on Sundays. Sure.

LEMON: ... in churches. Yes, on Sunday.

PHILLIPS: Well, we'll be following all the angles definitely.

LEMON: Absolutely.

PHILLIPS: They're key supporters of the Jena 6 defendants, by the way. Straight ahead in the NEWSROOM, civil rights activist Al Sharpton and Mychal Bell's mother, Melissa.

Don and I are going to get a chance to talk to them live.

(COMMERCIAL BREAK)

PHILLIPS: Fredricka Whitfield working details on that airport situation in Oregon.

What's the deal, Fred?

FREDRICKA WHITFIELD, CNN ANCHOR: Right. That lockdown and that complete disruption of service at the Eugene, Oregon, airport is now over.

It all started just more than an hour ago, because somehow there was this suspicious baggage that was left behind. Apparently, it belonged to a person who had already boarded a United Airlines flight bound for Denver, Oregon. And last we checked, officials were still to connect with -- talk with that passenger to find out, was it intentional to leave this piece of baggage behind or was it by accident?

But the problem still stems from the fact that this suspicious item, this piece of luggage, according to the FBI, as well as the Eugene Metro Explosives Disposal Unit, that this suspicious item did appear to be a simulated explosive device. So still some questions surrounding that device, that piece of luggage.

Meantime, folks flying in and out of Eugene, Oregon, well, now, we have gotten the green light. The planes can land, they can take off as scheduled.

PHILLIPS: All right Fred, appreciate it.

LEMON: The U.S. borders north and south. Nobody will argue they are perfectly sealed. U.S. government agents working undercover found several spots vulnerable to anyone who can walk.

For more, let's go to CNN's Brianna Keilar in Washington.

Hi, Brianna. BRIANNA KEILAR, CNN CORRESPONDENT: Hi there, Don.

The government accountability office conducted a previous investigation that found it's very easy to get into the United States through designated border crossings using fake IDs. Well this time they set out to see how difficult it would be to get into the U.S. with dangerous materials by entering between those crossings at unmanned areas.

According to the GAO's report, it's not very difficult at all. Along the northern border with Canada undercover investigators carried a duffel bag containing fake radiological materials and detonators across the border in certain areas that appeared to be unmonitored and unmanned. And in total, investigators went to four locations along that border, the northern border, and also three along the southern border with Mexico.

Well, GAO officials delivered their findings on Capitol Hill today before the Senate Finance Committee.

(BEGIN VIDEO CLIP)

GREG KUTZ, GENERAL ACCOUNTABILITY OFFICE: In conclusion, our work clearly shows substantial vulnerabilities on the northern border, to terrorists or criminals entering the United States undetected. Although the southern border appears to be substantially more secure we did identify several vulnerabilities on federally managed lands where there was no CBP control.

(END OF VIDEO CLIP)

KEILAR: The GAO report said one of the big difficulties along the U.S./Mexico border is securing federally managed land. For instance, environmentally protected areas are also Indian reservations and at one spot where the investigators -- at one spot where the investigators -- pardon me.

One spot they found a makeshift boat ramp on the U.S. side of the border in Mexico. Across from that it was mirrored by another makeshift boat ramp in Mexico and the investigators loitered there for 90 minutes, unbothered by border patrol. There was also one spot where the investigators did encounter border patrol. That was on the northern border after they went to a border crossing there that was unmanned at night. But that one had cameras and after loitering in that area for a while acting suspiciously they drove off and were pulled over by a border patrol agent a few miles down the road.

Now, Ron Coleburn, the deputy chief of customs and border protection definitely got the lion's share of grilling from senators at this hearing today. He said the results come as no surprise to him though. He also defended the agency saying it's making progress, bringing in unmanned aerial drones, aircraft and additional officers -- Don?

LEMON: All right, thank you very much, Brianna.

PHILLIPS: Another tropical storm. Reynolds Wolf has all the details straight ahead from the CNN NEWSROOM.

(COMMERCIAL BREAK)

(WEATHER REPORT)

LEMON: Let's go now to Illinois and a grim ending in the search for a missing Chicago woman. Sources who identify themselves as close to the family tell a Chicago TV station that a body found near a suburban Chicago forest preserve this morning was Nailah Franklin's. The police are not confirming that.

(BEGIN VIDEO CLIP)

CHIEF RUSSELL LARSON, CALUMET CITY POLICE: At no time has anyone identified this body. That's the first thing I need to tell you. No one has indicated to anyone who this might be or might not be. The only people that have been close to the deceased are police officers and they absolutely cannot make an identification. So I want to make that clear there are people walking through the crowd apparently purporting to be people that they are not or they are confused. However, this family that everybody anticipates -- we're trying to be considerate of their feelings and their emotions. So try to keep all that in mind.

(END OF VIDEO CLIP)

LEMON: The 28-year-old pharmaceutical sales rep was reported missing more than a week ago when she failed to show up for work. Police are saying only that the body was found unclothed and not far from Franklin's abandoned car. Police also haven't named any suspects.

PHILLIPS: A child is assaulted, her whereabouts and that of the suspect unknown. Authorities in Nevada are asking for your help because they believe the little girl's life may be in danger. Police have a videotape showing a man performing sex acts on her. They say that she can't be more than 4 or 5 years old. Another girl about twice her age has been found safe. It's this man that police are desperately wanting to find. The problem is they have no idea who he is and whether the youngest girl is still with him.

(BEGIN VIDEO CLIP)

JON LEIBERMAN, AMERICA'S MOST WANTED: They say it's the most despicable, disgusting animal-like act that they have ever seen taken out on an innocent four or five year old girl. By somebody, quite frankly, six or seven times her age. That's why police are saying she's in such grave danger, just by what is depicted on the videotape and time really is of the essence. We need to find out who this guy is and we need to find out who this poor innocent little blond girl is. This other 11 or 12-year-old girl was featured in the videotape almost like in a peep show. Like the camera was sort of spying on her, like voyeur stuff.

But police aren't sure that that video was taken with the same camera as the video where it's depicted the animal-like behavior on the other girl. They have talked to this 12-year-old. The have identified her, but at this point, unfortunately, they don't think she can help them find the little girl and she apparently is unsure of who even took the videotape of her.

(END OF VIDEO CLIP)

PHILLIPS: If you have any information that could help police rescue this child, you can contact "America's Most Wanted" which will pass along your information. That number 1-800-CRIME-TV or 1-800-274- 6388. You can also go on the program's Web site, www.amw.com.

LEMON: Hours after a terrible car crash in Gary, Indiana, a father combing the scene found two bodies police had apparently missed. Now the father wants the officers fired. Killed in the crash September 15th were Brandon Smith and Dominique Green. Smith's father found both some six hours later after police had moved on.

Authorities say the area did get searched after the driver and a second survivor said Smith and Green had also been in the car. They say they found nothing -- they also say the survivors told them the two missing teens might have been dropped off earlier. Here are two officers speaking that night. The conversation released by Gary Police, take a listen to it.

(BEGIN AUDIO CLIP)

OFFICER 1: He said there's two other people in this car?

OFFICER 2: They said there was two other people that were with them beside the two that I have with me over here.

OFFICER 1: Did they get up and walk away too?

OFFICER 2: He said if they're not in the car, then they had to have gotten out on their own and walked off.

OFFICER 1: If you've seen the vehicle, I don't know how any one walked off.

(END AUDIO CLIP)

LEMON: The man who found the bodies appeared on CNN's "AMERICAN MORNING." Here is Arthur Smith who lost his son Brandon.

(BEGIN VIDEO CLIP)

ARTHUR SMITH: I was in a position where it looked like this is maybe where the car had like stopped tumbling or stopped traveling or what have you. And just looking around and looking around, and as I was getting ready to really come up from down there, I turned around and out of the corner of my eye, I seen some like blue, a blue color. And I really couldn't see it right away, so I kind of balanced myself on like a tree stump or something to kind of like look over. And I looked down into the mouth of my dead son.

And if I was out there that night I could have found them with a cigarette lighter. They did not look. They did not look America. They did not attempt to look for them boys and they can try to deflect this as much as they want. But just, the next thing you say to me is Mr. Smith, we messed up. We dropped the ball. I'm sorry, no, they haven't said anything.

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LEMON: Again, Smith wants the responding officers fired. He also wants the Gary Police Chief Tom Houston fired as well.

PHILLIPS: The U.S. Coast Guard Academy is trying to get to the bottom of two troubling incidents with racial overtones. We'll tell you what happened and what's being done straight ahead from the CNN NEWSROOM.

(COMMERCIAL BREAK)

PHILLIPS: Coast Guard Academy is moving forward with a full- scale investigation into two incidents with racial overtones, both involve nooses. One was left in a black cadet's bag. The other in the office of a race relations training officer. The latest now from reporter Ray Deldani with our affiliate WFSB.

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RAY DELDANI, WFSB REPORTER (voice-over): Two months ago on the Coast Guard cutter "The Eagle" a black cadet found a noose inside his bag.

REAR ADM. J. SCOTT BURHOE, U.S. COAST GUARD: He really was hurt as a result of it, was very concerned. And talked with a number of his cadets who told him that hey, he should come forward.

DELDANI: Rear admiral Scott Burhoe was outraged that the incident happened to a cadet in that training environment. Along with a full investigation, he launched race relations trainings on campus for the next group of cadets headed to "The Eagle." But the investigation came up empty. And the white instructor of the race relations classes found a second noose on the floor of her office.

BURHOE: I would expect people -- I would expect the public to hold us to a higher standard and I do believe that we live up to that standard. And I think it is something that is so out of characteristic, which is really what caught all of us by surprise.

DELDANI: The academy corps is just 14 percent minority but 30 percent women. Burhoe says the recent increases in female cadets have made women feel more at home here. He is pushing for more diversity in the corps and faculty to achieve similar results. In the meantime he is continuing the search for the culprits and remains proud of the overall academy and its adherence to the Coast Guard's corps values of honor, devotion to duty and respect.

BURHOE: We really can't let the few bring the majority who are doing exactly what they should be doing when they are doing it down.

(END OF VIDEO CLIP)

PHILLIPS: Well the noose incidents are getting attention on Capitol Hill now. Congressman Elijah Cummings of Maryland is calling for a full investigation.

LEMON: Excommunicated for what they believe, what these nuns, right there, refused to denounce. That's straight ahead in the CNN NEWSROOM.

KAREEN WYNTER, CNN ENTERTAINMENT CORRESPONDENT: I'm Kareen Wynter in Los Angeles. Yesterday a music producer, Phil Spector's trial ended with a hung jury. I'll tell you what's next for prosecutor who still want to put him away for murder. That's up next in the NEWSROOM.

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LEMON: Time now for some entertainment news. It's a serious issue today. The jury, well they couldn't come to a decision so the murder trial of music producer Phil Spector ended yesterday in a mistrial. CNN entertainment correspondent Kareen Wynter is in Los Angeles to give us the whole story.

Hi Kareen, what comes next?

WYNTER: Well Don, hi there to you.

Prosecutors say that they are going to try one more time to convict Phil Spector of second-degree murder. No surprise here right. Spector may have known that was a possibility because he certainly didn't have much of a reaction to the announcement that the jury was deadlocked now. It was the second time the jury had told the court that they couldn't reach a verdict and this time the judge decided enough was enough. It came down to two of the 12 jurors actually who believed that there was a chance that victim Lana Clarkson committed suicide in Spector's home.

Now, prosecutors have contended that Spector, who was known for reckless gun play, pulled the trigger while he was threatening Clarkson. The attorneys will return to court next week to discuss their legal openings. But the prosecutor has already told the judge that he plans to go ahead with a second trial.

LEMON: It seems like this case has just been going on forever, for a very long time. They are going to start all over -- they have to start all over again.

WYNTER: Can you believe it? It's really not a small undertaking at all, Don.

This case has dragged on and on and on. We should probably refresh everyone out there as to just exactly what it is we're talking about. Actress Lana Clarkson was shot February 3, 2003 in Spector's mansion. After a nine-month long investigation, Spector was charged with murder. Now the jury selection for this case started back in March. The trial's opening statements were on April 25th. In the last five months, 77 witnesses testified in court and more than 600 pieces of evidence were submitted during the trial. So it's really no wonder that the jury has a lot to think about when it came time for deliberations. They were in their 12th day of deliberations when they realized they just could not reach a verdict here. I'm just dizzy by all those numbers. Now they at least get to move on from here Don, even if other players must start all over again. It's a very complex case.

LEMON: Absolutely. This guy did a lot of creative and legendary wall of sound, he made and broke a lot of people's careers. Mostly made people's careers I should state in the musical world. What's the reaction from folks inside the industry on this?

WYNTER: Well you know there hasn't been too much of a reaction. Most people want to keep their distance from the whole scandal. Another factor Don is that Spector's heyday was almost 40 years ago. So, most of the newer artists don't have any connection to him. If you followed the proceedings it's almost tough to imagine that eccentric Spector was one of the most famous producers in his day.

He worked with some big names, the righteous brothers, Ike and Tina Turner, and even the Beatles. And, he created what became known as the "Wall of Sound." That's the layering for those who don't know of instruments and vocals that was -- if you'll forgive the pun here -- unheard of. But now it's almost used universally in pop music today. All of that music history won't help much if he loses in his retrial.

Now switching gears here, tonight on "SHOWBIZ TONIGHT" scary skinny from a shocking new anorexia ad featuring an emaciated model to Hollywood's biggest stars making confessions about eating disorders. Does all this actually lead to young girls and women getting eating disorders? We'll have an eye opening special report on TV's most provocative entertainment news show "SHOWBIZ TONIGHT", 11:00 p.m. Eastern and pacific on Headline Prime. Don?

LEMON: All right, Kareen, don't get worried because I don't bite. But I do have to say Kyra and I are looking at you and we know you just had a baby. Speaking of skinny, what's up? You look hot.

WYNTER: Oh, Don. Well, thank you and thanks to Kyra as well. You know, a little secret for all those out there who don't know Don and the mommies do, nursing helps quite a bit. I've had that in my corner. Not to get too personal.

LEMON: It's good to have you back and you'll be joining us right, from time to time here?

WYNTER: Absolutely, as often as I can. Great to see you.

LEMON: Welcome back, Kareen. All right, thank you.

WYNTER: Thanks.

PHILLIPS: A hiker makes record time to save the woman that he loves.

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UNIDENTIFIED MALE: Forty miles on foot in rough terrain. It took about a day and a half to get there.

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PHILLIPS: Rescue mission accomplished. We'll tell you about it.

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PHILLIPS: How far would you go to save the person that you love? A hiker in Washington State slugged 40 miles through the wilderness. Reporter Kim Holcomb of CNN affiliate KING has the story.

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KIM HOLCOMB, KING REPORTER (voice-over): It's rugged, remote and for some, irresistible. But last week a slippery step on Glacier Peak got the best of Roxanne Tenscher.

ROXANNE TENSCHER, HIKER: My foot slipped and my knee buckled.

HOLCOMB: The fall tore the ligaments in her knee. She and husband Max, both avid hikers, were deep in the back country.

TENSCHER: We made the decision for Max to continue on, all the way out to try to get help.

HOLCOMB: But it wouldn't be easy. The trail is littered with downed trees from winter storms and recent rain had taken a toll on Max.

MAX TENSCHER, HIKER: The real problem was that it was real hard to walk by that time. There were lots of big blisters in a couple areas on my feet and they were just pretty much done in.

HOLCOMB: But incredibly he managed to hike on. Dozens of miles in record time.

UNIDENTIFIED MALE: Forty miles on foot in rough terrain. It took him about a day and a half to get there.

HOLCOMB: Forty miles to find help in less than 48 hours, over obstacles like this. (INAUDIBLE) county search and rescue took the call and quickly found Roxanne. Their speedy arrival surprising even her.

R. TENSCHER: So I was really planning on spending at least another night out there by myself.

HOLCOMB: A few days and doctors' visits later, the Tenschers are back home relaxing. But they say hiking is still in their future. And now they know how far they are willing to go for their love of the back country and each other. R. TENSCHER: A lot.

M. TENSCHER: How do you measure that?

(END OF VIDEOTAPE)

PHILLIPS: Once again that was Max Tenscher, says that he had doubts about leaving his wife to get help. But search and rescue experts say that he made the right decision. They site the good weather, his hiking experience and sheer determination. The next hour of CNN NEWSROOM starts right now.

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