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Seven Arrested in Double Murder, No Direct Ties to Couple; Michelle Obama's Father Buried in Cemetery Who Dug Up and Sold Grave Sites; President Obama Speaking in Michigan; Sonia Sotomayor Confirmation Hearing Continues
Aired July 14, 2009 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Wolf, thanks so much.
A home invaded, a couple murdered, a family shattered. But not just any home or couple or any family. We're pushing forward on a chilling crime and the latest moves by police in the Florida panhandle.
And it's a nightmare at 30,000 feet. A hole you could put your head through appearing in the roof of a 737. After the emergency landing, emergency inspections at Southwest Airlines take place.
Hello, everyone, I'm Kyra Phillips, live at the CNN world headquarters in Atlanta. You're live in the CNN NEWSROOM.
Well, we've got more movement on that murder mystery in Florida right now. The wealthy couple with 14 children, most with special needs, gunned down last week in their home.
Two more arrests in that case have been made. One, a 16-year-old boy, another 19 years old. They were arrested just a couple of counties away from the crime scene. Total arrests now, six.
The law has been pretty tightlipped about what's going on, just promising the case is, in their words, a real humdinger.
There's some chilling video from the house security cameras now of the intruders running up to the door. It's still not clear just what they're after. So, we're waiting on the Escambia County Sheriff's Office to have a press conference any minute now to get us up to speed. We will take that live as soon as it happens.
Well, let's be frank. How many times do you really listen to flight attendants when they give preflight safety briefs? Well, after this story, my guess is you'll pay much closer attention before you take off.
You may have heard about the football-sized hole that appeared over one of Southwest Airlines' passenger seats as the Boeing 737 was on its way from Nashville to Baltimore, but had to land ASAP in Charleston, West Virginia.
Well, the airline has wrapped up emergency inspections on its 737 jets now. Those inspections turned up no similar problems. One hundred and twenty-six passengers and five crew members were on board that aircraft.
The cabin lost pressure when that hole appeared, but apparently, the passengers stayed calm and put on oxygen masks that dropped from the ceiling. Amazingly, no one was hurt.
(BEGIN VIDEO CLIP)
SHERYL BRYANT, PASSENGER: We were seated about two rows back from the wing. And about four rows back, we heard this loud rush. And your ears popped. And then we looked back, and you could tell that part of the -- the inside was trying to pull out. And it was really -- it was crazy.
(END VIDEO CLIP)
PHILLIPS: Well, Southwest Airlines says that there's no responsible -- or reasonable -- or responsible way, rather, to speculate as to a cause at this point. They said that they have safety procedures in place. They were followed in the instance to get all passengers and crew safely on the ground.
Inspectors with the National Transportation Safety Board and Boeing are trying to determine why that hole appeared. Ben Berman, the former chief of major investigations for the NTSB, had this to say on CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
BEN BERMAN, FORMER CHIEF OF MAJOR INVESTIGATIONS, NTSB: Well, my first thought was "here we go again," and I was thinking back to an incident that occurred back in 1988 when an Aloha Airlines jet lost the whole top of the fuselage. That was a very massive failure. One person was killed.
KIRAN CHETRY, CO-HOST, "AMERICAN MORNING": There's a picture of it right there.
BERMAN: Sure. Everybody was left sitting out in the open. It was worse than a skylight. So in any case, I thought of that. And I also thought of the recent events where a couple years ago Southwest Airlines was fined for not doing inspections like the aging aircraft inspections of the fuselage for cracks that are mandated right now as a result of the Aloha Airlines event.
(END VIDEO CLIP)
PHILLIPS: Now we want to take you straight to Escambia County, where the sheriff's department is holding that presser on the family of the parents that were murdered of those 14 special-needs children.
DAVID MORGAN, ESCAMBIA COUNTY SHERIFF: ... today. And Ashley and Drew (ph) Markham, who -- again, Ashley is the matriarch of the Billings family now. Sadly, her mother and mother are the ones that met this tragedy.
Have just a few opening statements I'd like to make before we get into the meat of asking you here today. Last Thursday, July the 9th, a tragedy occurred in Escambia County with the murder of Byrd and Melanie Billings, where we as a society -- and specifically Escambia County -- witnessed the worst in man: hatefulness, cruelty, and indecency.
But in the last five days, as the sheriff of Escambia County, I have had the honor, as the sheriff of this fine organization, to witness the best in man: compassion, kindness, integrity, and professionalism.
Last Thursday, after this tragedy, we asked Melanie and her husband, members of her family, to come to the Escambia County Sheriff's Office one day after this tragedy. And I'm sure, Ashley, you may recall standing in the lobby of the Escambia County Sheriff's Office, while you feel very helpless at that moment. I asked you if you there was anything that I could do for you, and your response back to me was, "Sheriff, find the people who did this." It is my honor today to tell you, Ashley, and your family, we have found them, and they are in custody.
We will be passing out to the press the following package. Seven individuals are currently in custody related to the murders of Byrd and Melanie Billings. You will note one photograph is absent. The reason for this is, this individual is a 16-year-old juvenile.
And the last thing I want to do before I turn it over to Mr. Eddins, is to give credit where credit is due. If you have a point in your life where you have a moment that you can stand and serve with people of greatness, you are truly blessed. I had that opportunity during my military career on more than one occasion, and I can tell you in the last five days, I have stood in the presence of greatness at the Escambia County Sheriff's Office, and I would be remiss in not recognizing personally the men and women that, in five days, have brought this case to its conclusion.
And I would ask that you direct your attention to this side of the room. Commanding our investigative unit is Captain Bruce Wood. Our case manager was Sergeant Rusty Hoarde (ph). Sergeant Buddy Nesmith (ph), investigator Tom Watts, investigator Tim Hardy, investigator Chris Baggett (ph), investigator Bobby Guy (ph), investigator Zach Ward, investigator Lee Thyree (ph), investigator Tamara Barbara (ph). Also our crime scene unit and their work in this case.
I also must recognize our intelligence analyst who worked around the clock with our investigators, Miss Brianna Hammond (ph). And additionally, we had close coordination with Mr. Eddins's (ph) and all of the attorneys there, the Florida Department of Law Enforcement and specifically members of the Federal Bureau of Investigation headed by Special Agent Stewart (ph), members of the Alcohol, Tobacco, and Firearms, Special Agent Beech (ph) and the Department of Drug Enforcement with Special Agent Tekulbis (ph).
At this time I will conclude my remarks until your questions, and I will turn the podium over to Mr. Bill Eddins. BILL EDDINS, STATE ATTORNEY: As you know, I'm state attorney in this area and, in a major investigation such as this, it is important that law enforcement and the district attorney or state attorney's office work closely together.
In this case, that occurred, and I would like to personally thank the sheriff and the members of his team, who worked with my office. We had several people in my office that personally came out in the sheriff's office and worked. And I can assure you.
The second thing that's unusual in some ways about this is the vast number of resources that the sheriff allocated to this situation. You saw and you've heard him list some of them.
In addition to that, those resources were very effective because they did really work around the clock. They didn't -- they didn't quit. And I think that is a feature of this investigation that is unusual. In some regards, it certainly is very appropriate to honor those people.
Again, in closing, I'd just like to say that I am -- I share the sheriff's sorrow, as this community does, to this family and am hopeful that the matter is concluded now, and hopefully they will be able to move forward, although I realize how difficult that must be.
MORGAN: At this time we'll take your questions.
UNIDENTIFIED MALE: Can you talk a little bit about the connection the suspects had with the family? People want to know why that family was targeted.
MORGAN: Again, we -- we have a small amount of business ties, some friendships, but no direct tie that we can, at this time, confirm between the members here that are charged with this crime and the Billings family.
UNIDENTIFIED MALE: Were they working on the property?
MORGAN: There were occasions where Mr. Gonzalez Sr., who had a pressure-washing business, there was a few occasions that Wayne Coldiron worked for him. I think we've been able to confirm that he was at the property at least maybe one time.
But, again, where you would think to look for a long-term relationship where property could, you know, be under surveillance by those wanting to come and do harm, we've yet to confirm that.
UNIDENTIFIED MALE: You said just a moment ago that you hoped this matter is concluded. Do you feel this matter is concluded, or is there another layer now to look out, now that you know that there were people on the property?
MORGAN: There are some -- there are some loops that need to be closed, some follow-on investigations. We have at least one individual that we are specifically looking for at this time -- or at, I should say, excuse me, not "for," "at." And there may be others. But at this time we only have one identified.
UNIDENTIFIED MALE: A follow up: what is the reason that federal investigators might be involved? I know you said they have been and that there are reasons. Is there a reason beyond the current seven, or is there something else that they are involved with still?
MORGAN: There are elements of this case that go outside of the state of Florida, which I will not speak to. And the reason being is, is that we had a meeting yesterday with the federal agencies, and we passed along to them the information that had been developed during this case, and so now it's within their purview to investigate this case, because -- if it's within the confines of Escambia County, of course, we will be involved.
On a routine basis, video enhancements, we used the Federal Bureau of Investigation, as well as the Florida Department of Law Enforcement; ballistics, Alcohol, Tobacco and Firearms; anything involving, again, members of this group that may have been involved with drug activity, we would, of course, coordinate with our narcotics division and the Drug Enforcement Agency. So they were involved from those perspectives. Again, anything that we developed outside the confines of the state of Florida have been turned over to those agencies.
UNIDENTIFIED MALE: Were these men hired -- were these men hired to kill the Billings?
MORGAN: We have no knowledge of that.
UNIDENTIFIED FEMALE: ... motive yesterday? You said that there was one motive or more than one motive. Can you talk about the other motive?
MORGAN: We've moved into the prosecutorial area, and I'll defer that question to Mr. Eddins.
EDDINS: I think the safest, easiest, clearest thing to say that the primary motive in this case was robbery. Home invasion, robbery.
UNIDENTIFIED MALE: Do you know...
UNIDENTIFIED MALE: Were valuables...
EDDINS: Pardon me?
UNIDENTIFIED MALE: What did they rob from there? Can you say at this point?
EDDINS: Well, they did take items that you would normally expect to be taken in a robbery.
UNIDENTIFIED FEMALE: Money, jewelry?
EDDINS: Well, a safe.
UNIDENTIFIED MALE: Where was the safe? EDDINS: Well, we really can't go into any additional details. I gave you that in order to demonstrate to you what the motive was and put to rest many questions about the motive. And hopefully that will do that.
UNIDENTIFIED MALE: (UNINTELLIGIBLE)
EDDINS: Well, I can't. And again, as prosecutor, I'm sure you understand that I'm not going to get into the specifics of the prosecution of the case. Really most of the questions you're going to ask me about the prosecution of the case and, really, the facts of the case I will not be able to speak to. And I'm sure that -- that -- that you understand.
UNIDENTIFIED MALE: What were some of the contents of the safe?
EDDINS: I'm not at liberty -- not prepared to go into that at this time.
UNIDENTIFIED MALE: Was there knowledge that the safe was in the home?
EDDINS: I'm not prepared to go into that at this time. I really think that by indicating to you one of the items that was taken, we'd demonstrate to you the primary motive was home invasion, robbery. And really, there's -- it's going to be difficult for either the sheriff or I, either one, to answer additional questions about that, because this case still has to be tried in a court of law.
UNIDENTIFIED MALE: What tried these suspects together, the people from Escambia County?
EDDINS: Really, myself, want to go into detail on that. The sheriff will speak to that briefly.
MORGAN: Again, what we have is business dealings. Again, I'll be using the example of Mr. Gonzalez Sr. He owned a pressure-washing business, you know, part time. He was basically a day laborer also. He would hire members of this group or this group, this organization, to work on a part-time basis, on an as-needed basis as work would come through.
The individuals that we have secured in the last phase of this investigation that are currently in custody are from Okaloosa County. Their tie, I can tell you, is from an auto detailing group. Now, the one pivotal person in this organization, if you will, is Leonard Patrick Gonzalez Jr. He is the organizer.
UNIDENTIFIED MALE: Is he the mastermind you talk about?
MORGAN: One moment. We'll not speak to that issue at this time.
UNIDENTIFIED MALE: You said that there's one more person that you are sort of looking at.
MORGAN: Yes. UNIDENTIFIED MALE: What is the nature of the thing that you're concerned about with that individual?
MORGAN: Anyone that...
UNIDENTIFIED MALE: With the open case?
MORGAN: Anyone that aided or abetted in the commission of this crime.
UNIDENTIFIED FEMALE: Sheriff, did any of these suspects flat-out confess to the details?
MORGAN: They didn't. They didn't.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE)
MORGAN: No, I just stated, the last four individuals are from Okaloosa County.
UNIDENTIFIED MALE: Can you elaborate on the power washing?
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE)
MORGAN: No, he did not.
UNIDENTIFIED MALE: When was the last time the suspects were actually (UNINTELLIGIBLE)?
MORGAN: That information we won't release at this time.
UNIDENTIFIED MALE: Sheriff, what about the -- can you clarify the connection with the Okaloosa County people and the power-washing company? Whose company was that?
MORGAN: No, you confused my statement. The power-washing -- the power-washing company was owned by Leonard Patrick Gonzalez Sr., senior, the older. OK? He had a pressure-washing business that he operated. We have tied Wayne Coldiron to him, all right, on a day laborer basis.
Now, you go to Okaloosa County. We have four individuals over there that are tied to an auto detailing business, called Fifth Dimensions, Fifth Dimensions auto detailing in Okaloosa County.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE)?
MORGAN: We've invited the family to this press conference. We did not state that they would make any statements at this time.
UNIDENTIFIED MALE: You mentioned auto detailing. The people in Okaloosa County worked there. What was their connection with the people in...
MORGAN: They, again, had a friendship with Leonard Patrick Sr. -- or, excuse me, Junior. UNIDENTIFIED MALE: And they all worked -- the Okaloosa County arrested suspects -- worked for this Fifth Dimension Auto Detailing?
MORGAN: Yes, they did.
UNIDENTIFIED MALE: Were any of them owners of it?
MORGAN: Yes, yes.
UNIDENTIFIED MALE: Who owned it?
UNIDENTIFIED MALE: If the primary -- if the primary goal was robbery and they took the safe, why, in your view, would they then have to kill these two people?
MORGAN: That's speculation. I will not speculate on how the crime spun out of control.
UNIDENTIFIED FEMALE: Sheriff, do the people in Escambia County, Okaloosa and surrounding counties feel safe that you got everyone behind bars?
MORGAN: You bet you, because they have the Escambia County Sheriff's Office.
UNIDENTIFIED MALE: Sheriff, let me ask you one other question about that safe, if you wouldn't mind. Are we talking about a couple hundred dollars, or did they put all of their money in their safe and not put any in the bank, or was there several hundred thousands, because this was a wealthy family?
MORGAN: Mr. Eddins has spoken to that issue. We will not discuss in any way the contents of that safe.
UNIDENTIFIED MALE: (UNINTELLIGIBLE)
MORGAN: Yes, we do.
UNIDENTIFIED MALE: Can you release that?
MORGAN: No, we cannot.
UNIDENTIFIED MALE: (UNINTELLIGIBLE)
MORGAN: That's not what I said. I used an example. Who knows why a crime would spin out of control. And unless -- and unless you're present at the time the crime has occurred and you're an active participate in that, you can't speak to that issue.
UNIDENTIFIED MALE: Have they spoken to that?
MORGAN: No, they have not.
UNIDENTIFIED FEMALE: Sheriff, was there a struggle? Is that why they were killed, maybe pulled a mask off, something to that effect?
MORGAN: I will not speak to that issue.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE)
MORGAN: Well, understand something. During this investigation, at its inception, we didn't focus in on anyone. Again, this was due to the professionalism and the hard work of Captain Wood and his group.
We started with a videotape surveillance that we had -- that we pulled that gave us a red van, and from that, again, the investigation progressed to the development of these witnesses. At no time did we know, until the investigation ensued, that anyone was involved. We had no names, of course.
UNIDENTIFIED MALE: Can you discuss at all how it came -- (UNINTELLIGIBLE)?
MORGAN: We have information that indicates that there was an amount of practice that was involved. There are a couple of individuals that have prior military backgrounds in this group. And so, again, as we stated early on in this investigation, with really only one element, it was a very well-planned and well-executed operation.
UNIDENTIFIED MALE: Sir, can you tell me where it was along the average development where you sort of got your big break, starting with the red van? When did you start to put faces on the people who were involved?
MORGAN: We -- the -- of course, the big break was the video surveillance system that the Billings family had in their home, actually, on that compound, if you will.
And then the second big break was, again, the news media -- and, again, my thanks to all of you for doing this for us, that you got behind this case and put it out in the media. And then, we again, received calls and e-mails as to red vans all throughout the surrounding area. And then again, we focused it down, or narrowed it down, I should say, to such a point that we got a lead on this specific vehicle, and then the case was on.
UNIDENTIFIED MALE: Sheriff, were they admitted and express (UNINTELLIGIBLE)?
MORGAN: Everyone expresses remorse when they're caught.
UNIDENTIFIED FEMALE: Sheriff?
UNIDENTIFIED MALE: What was the 16-year-old doing?
UNIDENTIFIED FEMALE: Are the charges against Leonard Gonzalez Sr. been upgraded now? (UNINTELLIGIBLE)
EDDINS: We're in the process -- a process of upgrading the charges on Mr. Gonzalez Sr. to an open count of murder.
UNIDENTIFIED FEMALE: Will all the suspects be charged with an open count of murder?
EDDINS: Yes.
UNIDENTIFIED MALE: What did a 16-year-old do?
MORGAN: He was part of the auto detailing group. And, again, he was with the group.
UNIDENTIFIED MALE: Was there a connection between the time this occurred and the safe?
MORGAN: I'm sorry, I didn't understand.
UNIDENTIFIED MALE: A connection between the time of day this occurred and the safe?
MORGAN: There is not. Not that we can determine.
UNIDENTIFIED FEMALE: Were all the items taken recovered?
MORGAN: Let me -- let me correct that statement. Not -- that is a question -- to answer that question would contain information I'm not prepared to speak to.
UNIDENTIFIED MALE: Can you fill us in on the backgrounds of these suspects?
MORGAN: They have -- numerous individuals here have criminal backgrounds which I think most of the members of the media have pulled. If you will get with us after the press conference, we will assist you with that very thing.
UNIDENTIFIED MALE: Military background?
MORGAN: Again, we will get that information for you after the press conference.
UNIDENTIFIED FEMALE: Was everything that was recovered that was taken?
MORGAN: I will not speak to that issue.
UNIDENTIFIED MALE: How about the guns?
MORGAN: I will not speak to that issue.
UNIDENTIFIED MALE: How big was the safe? Did they need five guys to pull it out of the house or...
MORGAN: It was a medium-sized safe.
UNIDENTIFIED MALE: What is a medium-sized safe?
MORGAN: I won't speak to that issue. If you go -- if you go to any safe or lock company, you'll see -- you'll see small safes, medium-sized safes. UNIDENTIFIED MALE: You never know. You never know.
MORGAN: It's a visual thing.
UNIDENTIFIED FEMALE: Sheriff, will you do anything with the 911?
MORGAN: I believe Mr. Eddins has made a statement that we're not, sir, is that correct?
EDDINS: Not at this time. As the case progresses under the rules that exist in Florida, a lot of additional information will come out that we really cannot address here at the news conference today. And under our rules, once the paperwork has been filed with the court, then it's public record and you'll have access to it, and you can check. There will be some information filed relatively soon that will answer a lot of the questions that you people in the media, legitimate questions, you've asked today but we just cannot answer.
UNIDENTIFIED MALE: What's going on with the children?
MORGAN: The children are with family members. I've stated many times they are in a safe, loving, and secure environment. We are working with the family through our victim's advocate and through some of our investigators ensuring that that family is taken care of.
UNIDENTIFIED MALE: Mr. Eddins, can you speak to whether or not the people will be prosecuted together, same prosecutor?
EDDINS: The train has been moving real fast. Those decisions have not yet been made. I'm glad that we were able to move forward as rapidly as we did and get to this point. I think the sheriff and I both agree that now is a time to consolidate the investigation, to review the investigation, to tie up loose ends. And we'll begin to focus on issues involving prosecution and court after that.
PHILLIPS: Some really good news there for the family of the Billings. You'll remember Byrd and Melanie Billings, that wealthy couple with 14 children, most of them with special needs, that were gunned down in their home.
It was quite a murder mystery there in Florida for a while, trying to figure out why anybody would want to kill these two, specifically when you look at what they've done for all these children.
And now the big break came for the sheriff's department there in Escambia County. The surveillance video that was on their property, the police were actually able to enlarge those pictures and start connecting the dots. And now they say they have seven people in custody, the seven people they believe were responsible for those murders.
The motive? Robbery. Apparently, some things were taken to lead them to believe it was the primary motive. A safe was taken from the home. But that's all that authorities would get into right there. And another thing that they added, one of the latest in custody now, a 16-year-old boy. The mastermind of this group, a man running a pressure-washing business. These are the guys right here, by the way. The only one missing is the picture of the 16-year-old. And they were all working in cahoots with each other.
Some of them had done some work there on the Billings' home in their estate there, and that's what led to why they picked that home as a target, thinking they were going to get a lot of money and other things there inside the home.
It's a case that we're saying on, and we'll bring you all the developments, of course, as we get new information.
Let's go ahead and get back to that Southwest Airlines story we were telling you about, that football-sized hole that appeared over one of the passenger seats of the Boeing 737 that was on its way from Nashville to Baltimore. As you know, it had to make an emergency landing in Charleston, West Virginia.
Well, here's a look at that video. The airline has now wrapped up emergency inspections on its 737 jets. Those inspections, by the way, turned up no similar problems.
One hundred and twenty-six passengers and five crew members were on board that aircraft. The cabin lost pressure, but apparently, the passengers stayed calmed, and they put the masks -- oxygen masks on that dropped from the top of the cabin.
Well, inspectors with the National Transportation Safety Board and Boeing are trying to determine why that hole appeared. Ben Berman, the former chief of major investigations for the NTSB, had this to say on CNN's "AMERICAN MORNING."
(BEGIN VIDEO CLIP)
BERMAN: Well, my first thought was "here we go again," and I was thinking back to an incident that occurred back in 1988 when an Aloha Airlines jet lost the whole top of the fuselage. That was a very massive failure. One person was killed.
CHETRY: There's a picture of it right there.
BERMAN: Sure. Everybody was left sitting out in the open. It was worse than a skylight. So in any case, I thought of that. And I also thought of the recent events where a couple years ago Southwest Airlines was fined for not doing inspections like the aging aircraft inspections of the fuselage for cracks that are mandated right now as a result of the Aloha Airlines event.
CHETRY: And so what did they figure out Aloha Airlines plane that may help out in this situation?
BERMAN: Well, they figured out that you need a whole focus on airplanes as they get older, because airlines are being flown in airline service much longer than original anticipated. And that focus on aging aircraft has developed throughout the worldwide airline industry. There has been lots of good inspections and good maintenance procedures to keep these airplanes flying safely.
And I thought, well, this is going to have to be another look at it, and we'll see what caused this football-sized hole in the fuselage to develop. It may require some different inspections or new inspections.
The investigators, the NTSB investigators, will be looking very carefully at the metal. They'll cut out the piece of the metal that was involved and look at it under a scanning electron microscope. They'll be looking for signature signs of metal fatigue or overstress. If it was metal fatigue like we've been discussing, they'll see some characteristic marks that look like kind of rings of sand on the beach as the tide goes in and out that show how the metal may have fatigued as the airplane pressurized and then depressurized from each flight. And so they'll be looking for these characteristic signs. They probably will be able to develop -- or develop an idea of exactly what happened here.
(END VIDEOTAPE)
PHILLIPS: And we'll follow it, of course.
Well, President Obama is going to bat for community colleges, but that's not why he's warming up his pitching arm. We'll explain.
(COMMERCIAL BREAK)
PHILLIPS: Well, you may remember that disturbing story that we told you about a number of days ago about the Burr Oaks cemetery in Chicago, Illinois. It's a historic black, African-American, cemetery. And we had found out, and done a number of stories on the investigation that was taking place that employees there were actually digging up the bodies. Nearly 300 bodies, we are told, and reselling the plots.
Well, we're now getting word that Michelle Obama, the First Lady, her father, Frazier Robinson III, is buried in that cemetery. You may know, too, that Reverend Jesse Jackson came forward, appalled by this, asking for a much bigger investigation into this. We don't know yet if Mrs. Obama's father's grave site has been disturbed, if he is indeed one of those bodies that, unfortunately, had been dug up and reburied, put into other plots. Also it was reported that a number of these employees would put more than one body into one plot.
Anyway, pretty disgusting story that we've been staying on top of and now we're getting word that the First Lady's father is buried in the Burr Oak cemetery, a historic black cemetery. And we'll continue to follow that investigation.
Meanwhile, her husband, the president, is on his way to Michigan, to pitch a multibillion dollar boost for community colleges. And then he's off to St. Louis to pitch.
Our senior White House correspondent Ed Henry, traveling ahead, joins me now on the phone from the Detroit suburb of Warren.
Does he have his baseball cap on? I'm not quite sure. Hey, Ed, you got good tickets?
ED HENRY, CNN SENIOR WHITE HOUSE CORRESPONDENT (via telephone): I'm not going on to the All-Star game unfortunately. I'm just staying here in Michigan. The president is going on with a small group of reporters.
PHILLIPS: Well, tell me about it. Tell me about the trip and then we'll talk a little baseball trivia.
HENRY: Absolutely. I mean, the backstop here, of course, is that Michigan is a state the president won, he beat John McCain here handily. A pivotal state in the Midwest, a lot of electoral votes. And a lot of people hurting, frankly. Unemployment here about 14 percent, much higher than the national average of 9.5 percent.
And the president's going to be greeted here by a scathing editorial in "The Detroit News" this morning that says they believe the stimulus package is not working. The president's heard that from other critics before. You heard him push back in the Anderson Cooper interview a couple days ago saying -- and telling CNN he believes it is working and needs some more time.
And we expect the president to make that pitch today. But then a broader pitch is that he wants to say that he's got a new plan worth $12 billion to sort of beef up community colleges, help them with their facilities, give them more scholarships, sort of encourage people especially in states like Michigan, where you've got people who maybe lost their jobs in the auto industry, those jobs are not going to come back, very unlikely to come back. People need to learn new skills. They need to be retrained.
So he thinks the way to do that is to beef up community colleges -- Kyra.
PHILLIPS: And then after doing that, moves on throw the first pitch out at the All-Star game. I think the last person to do that -- or the last president was John F. Kennedy.
HENRY: Well, you know, he would be the fourth at an All-Star game is my understanding. And, you know, the big thing as a president, is to not be embarrassed and bounce that on the way into the home plate. Because especially --
PHILLIPS: It better be a good throw.
HENRY: Yes. People hurting right now, you don't want to add to the woes by having a president bounce the ball.
You need to -- he said today, he told reporters, his aim is to keep it high. He's been loosening his arm a little bit. And the last time that he threw one was I think in 2005, at the American League Championship Series, his beloved Chicago White Sox. The president joked this morning that he thinks while it was a strike, it was only about 30 miles per hour.
But, you know, that's all right. There's no batter over there. As long as you don't bounce it and get it over the plate.
PHILLIPS: Over the plate and into the glove. Hey, he's a good athlete. We've seen him play basketball, I don't think he'll have a problem with throwing the first pitch.
HENRY: He won't. But, you know, when I toss it around with my son, I think I toss it 40 to 50 miles per hour. So, I'm kind of disappointed.
PHILLIPS: Oh, Ed, you have to brag, didn't you?
(LAUGHTER)
PHILLIPS: You know what? Next time I'm going to clock you.
HENRY: OK.
PHILLIPS: Ed Henry, enjoy the trip. Appreciate you calling in.
HENRY: Thank you.
PHILLIPS: All right.
Well, anything you say can and will be used against you. It's true for criminal defendants and it's true for Supreme Court nominees, case in point, Sonia Sotomayor.
Now you've seen it live on CNN, President Obama's nominee to replace of David Souter, trying to explain what may be the single most controversial comment of her career. That a wise Latina might often reach a better conclusion than a white man who hasn't had the same experiences.
(BEGIN VIDEO CLIP)
JUDGE SONIA SOTOMAYOR, SUPREME COURT NOMINEE: The context of the words that I spoke have created a misunderstanding and I want -- a misunderstanding -- and to give everyone assurances, I want to state upfront, unequivocally and without doubt, I do not believe that any ethnic, racial, or gender group has an advantage in sound judging. I do believe that every person has an equal opportunity to be a good and wise judge, regardless of their background or life experiences.
(END VIDEO CLIP)
PHILLIPS: And joining me now to talk about the hearings, our wise panel, the high court, shall you say, of CNN -- senior legal analyst Jeffrey Toobin, who has written a book about the Supreme Court; CNN's senior political analyst Gloria Borger; CNN senior political correspondent Candy Crowley; Republican consultant and CNN political contributor Alex Castellanos; and Democratic consultant Maria Echaveste.
Phew, I got it all out again.
Hi, guys.
UNIDENTIFIED FEMALE: Hello.
PHILLIPS: Maria, I'm going to start with you again because my guess is you're probably thinking, I hope now once and for all this whole conversation about a wise Latina woman is going to finally go to way -- or go away.
Has it been put to rest? Have the questions been asked? Has she been able to talk about it, now do we move on?
MARIA ECHAVESTE, DEMOCRATIC CONSULTANT: Well, I hope that we move on but I suspect that there will be a few more senators who will come back to the issue.
But she said quite clearly that it was a bad choice of words. And she stated quite strongly that she doesn't believe any group has a lock on wisdom. And so I think that she's -- and especially her reference to her 17 years, her court decisions, tell you what kind of judge -- justice she's going to be, based on the fact that her cases do not reveal any sort of bias.
PHILLIPS: And, of course, this has been a huge subject matter for weeks and weeks -- I should say months and months and months.
Samuel Alito in 2006, a lot of people would say he wasn't hammered like that.
Let's take a listen to what he had said.
(BEGIN VIDEO CLIP)
JUDGE SAMUEL ALITO, SUPREME COURT NOMINEE: When I get a case about discrimination, I have to think about people in my own family, who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.
(END VIDEO CLIP)
PHILLIPS: Jeffrey Toobin, is there really a difference between what Alito said and what Sotomayor had said?
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Not a big difference. You can talk about the subtleties of how much people's personal experiences affect how they judge. Certainly what Sotomayor said is the same thing that Alito said. It's the same thing any nominee says, is I will just decide cases according to the law.
Now, the fact is they all say that, yet they divide 5-4 on a lot of cases. What matters more, I think, than statement a (INAUDIBLE) statement that you believe in the law is that what is your ideology, what is your judicial philosophy? They're a lot more reluctant to talk about that and Sotomayor has been cagey about judicial philosophy as well. PHILLIPS: Interesting. You mentioned talking about personal experiences. I'm thinking about gun rights and Patrick Leahy asking a question and how she responded.
Let's take a listen to that.
(BEGIN VIDEO CLIP)
SOTOMAYOR: I understand that how important the right to bear arms is to many, many Americans. In fact, one of my god children is a member of the NRA and I have friends who hunt.
(END VIDEO CLIP)
PHILLIPS: Interesting.
Candy Crowley, in light of all the controversy that has come forward about her personal experience, as a wise Latina woman, was this a good move, to once again personalize?
CANDY CROWLEY, CNN POLITICAL CORRESPONDENT: Well, sure. Because I think that that particular line of attack is not going to go anywhere at this point. I think you will hear more of it because it's a point Republicans want to make in the Senate. They tend to make points over and over again, whether they're Republicans or Democrats.
What's interesting about that answer, I think, it's pretty typical of how she took some of those questions. She'd first say, I applied the law. And then she would say things that are actually kind of irrelevant as to how she might rule on something. Well, I've got a godson with a gun. And so, it tends to be somewhat reassuring, but it's kind of meaningless when it gets down to any kind of decision she might make.
TOOBIN: And, Kyra, I'd just like to say, as a native New Yorker like Sonia Sotomayor, I felt that she was really kind of stretching there in terms of identifying with hunters.
I'd just like to say, having grown up on West 90th street, I don't know anything about hunting. I don't think most New Yorkers know anything about hunting. And the idea that her godson is a member of the NRA -- I thought that was a pretty tangential connection.
(CROSSTALK)
CROWLEY: Perhaps she goes upstate every once in a while.
GLORIA BORGER, CNN SENIOR POLITICAL ANALYST: She knows a lot about guns because she's a former prosecutor. And she's tough on crimes. She knows about guns in the city -- but she knows about guns in the city.
PHILLIPS: That's interesting.
TOOBIN: I know a lot about hunting because I saw "The Deer Hunter." I mean, that's -- you know -- PHILLIPS: Oh! But, you know, that's interesting, Gloria, you just brought up the point about the fact about -- that she was a prosecutor --
BORGER: Right.
PHILLIPS: That's interesting. I think it was Leahy that even said, that's what Republicans and Democrats should be focusing on. And let's talk to her about what a tough prosecutor she was and let's get a little deeper on the issues, specifically on gun rights.
BORGER: Well, you know, I think you're going to hear more from Democrats delving into her background, talking about how she was a tough prosecutor, how she was tough on crime, because that's something they can use to try and convince those few Republicans that it's a good idea to go along with them and vote for her, in fact. Being tough on crime ins a good thing.
And even though there are lots of Republicans who are going to use her case on guns against her in the whole question of whether she supports the Second Amendment or not, this is something they can try to use to balance that.
PHILLIPS: Alex, critics saying that Republicans asked a lot of frivolous questions.
ALEX CASTELLANOS, CNN CONTRIBUTOR: Well, I thought the Republicans were actually very factual, going over the record. They maintained a very civil tone in all of this. Senator Hatch's questions were very pointed. And it's her record that was on the table.
You know, for example, when we were talking about her being a "tough on crime" prosecutor, when she was a prosecutor is when she said, even though I'm a liberal and I have a harder time dealing with crimes, accepting crimes that are socioeconomic crimes she called them, like minor assault, she said those are harder to prosecute for me, because I kind of understand why people commit them. They're poor, they're disadvantaged. I do have an easier time prosecuting violent crimes. So, those outraged her, I believe she said.
Well, again, that's not necessarily a "tough on crime" prosecutor. So, asking where what she said, especially when I think today we saw her just reverse field on everything she'd said that was in question over the past, you know, 20 years. She -- today she said, I meant the opposite of everything I said when I said we get to choose which facts judges get to create the law.
So, she -- there seemed to be two Sonia Sotomayor's up there today, and I think they can only confirm one.
PHILLIPS: Alex, Maria, Candy, Gloria and Jeffrey. We'll be talking all week.
Thanks, guys.
UNIDENTIFIED FEMALE: Sure.
PHILLIPS: Killed in Afghanistan, honored in England. We're life with a tribute to fallen British soldiers.
(COMMERCIAL BREAK)
PHILLIPS: All right. Quick. What color are we? It's kind of a trick question. Airline travel is at orange or high on the government's terror threat chart. Everything else is yellow or elevated. And if you didn't know, that's the problem. Now comes word that the Homeland Security Department has put together a task force that may help scrap a system that the Bush administration set up in the wake of 9/11. It will have 60 days to make its recommendations.
From a $7 million New York penthouse to a federal big house. Bernard Madoff is on the move in the federal prison system. He spent the night at the Atlanta penitentiary, but left this morning, and has now arrived at the federal prison in Butner, North Carolina. That's apparently where he'll live out his life. Madoff was sentenced to 150 years for bilking thousands of people out of thousands of dollars.
PHILLIPS: A convicted killer and convicted rapist still on the loose. More than two days after they and a third inmate escaped through a maze of tunnels and pipes under a prison in northern Indiana. The third man, also a convicted killer, was caught near the vacation home of Chicago Mayor Richard Daley in Grand Beach, Michigan. Indiana state police say they're calling off the search for lack of leads but they'll chase down any lead they get.
PHILLIPS: A nation mourns its dead from a far-off war. We're live in Britain for a public salute for soldiers killed in Afghanistan.
(COMMERCIAL BREAK)
PHILLIPS: Two U.S. Marines have been killed in Afghanistan. A Military spokesperson says they died in hostile incidents yesterday, in the Southern Helmand province. That's an area where Taliban fighters have planted roadside bombs. And about 4,000 Marines are taking part in their biggest operation in Afghanistan since 2001.
Meanwhile, Britain today, is honoring its fallen heroes from the Afghan war.
CNN's Paula Newton joins me now from our London bureau with that.
And quite an incredible honor -- Paula.
PAULA NEWTON, CNN INTERNATIONAL SECURITY CORRESPONDENT: It is. And you know, these were eight soldiers killed in just a 24-hour period here on the weekend. But it's It is this outpouring, really, of affection for these soldiers from complete and utter strangers.
There is this town they go through in England is called Wootton Bassett, it's the neighboring town to the air base where these soldiers bodies are repatriating to. And for months, you know I've been there, Kyra -- for months, they spontaneously stop what they're doing, they go out the main street and they stop silently.
What has been so different is that when they've really gone over the dramatic events of the last few days in Afghanistan, it's just been this outpouring. There's been crying, sobbing, applause, scenes we have never seen, really, in Britain for this Afghanistan campaign. And I think these pictures will mean a lot to the people still serving in Afghanistan.
PHILLIPS: And Paula, as we look at just throngs of people and how many turned out and the number of cars and just the controversy that we've even had here in the states, to not even show pictures of the fallen as they come home.
And also too, so many people talking about the wars in Afghanistan and Iraq have been forgotten and that we don't honor those that have died in these wars. You look at this and you think, wow, this is exactly what we should be doing in United States for every one of those men and women who come home from the wars.
NEWTON: Kyra, you know, when I covered this story of Wootton Bassett several months ago, we spoke with two American parents. And they were very poignant, both speaking for different sets of parents. Some of them wanted to build (ph) this ceremony completely covered the way it is here in Britain right now. Others said no. My son is more than a flag-draped coffin.
What the Obama administration has done a few months ago by reversing the policy decision, is they said, yes, we're going to leave it up to the families. If they want this televised, we'll do it. But the repatriation is completely different, Kyra, in terms of the way it's done here in Britain, the ways it's done in other countries, to the way it's done in the United States.
And I think there still is a feeling from some families in the United States, as there was from some families in here Britain, saying, look, we feel that the sacrifices of our children, no matter -- husbands and wives -- no matter how you feel with the mission in Afghanistan, we feel their sacrifices are being overlooked.
PHILLIPS: You know, you live there. You talk and interact with so many of these families. Is it still a skeptical public or is it less skeptical? What's the vibe among the people? I mean, you look at so many that turn out to honor the fallen.
But where are their hearts with regard to these ongoing wars?
NEWTON: Look, I think their hearts are always with the troops. And I think many of us have to realize the people fighting in the field volunteered for this job. They believe in their mission.
The problem is, when you translated that to the public -- and it doesn't matter which NATO country you are talking about, whether it is going to be the United States or the French or the Dutch or the Poles -- what's happening here is people want to know.
Kyra, almost eight years in Afghanistan, how do you define success? They want to hear from their governments. They want to hear from Prime Minister Gordon Brown. They want to hear from President Obama to say, when are going to be successful there? When are we going to be able to pull out, not have these deaths and be able to say, mission accomplished?
That's a highly charged phrase given everything that happened in the Bush years. But, at the end of the day, that's what we are hearing from the British public. They are turning their attention -- from these deaths have really highlighted it. And they've said, look, they're spending $5 billion on this war, just this year. And they're saying, look, we want to know when we can feel good about what we are doing in Afghanistan and you know, the lives we're sacrificing.
Kyra, three of them just 18 years old. Can you imagine?
PHILLIPS: No, I can't, actually.
Paula Newton, live from London. And you're a mom, too. You know that it's a heartbreaker.
Appreciate it. Thanks, Paula.
Well, back to a story that we brought to you earlier. First Lady, Michelle Obama's father buried at Burr Oak cemetery, outside Chicago. Now remember, that's the graveyard that's now a crime scene. Four workers accused of digging up hundreds of graves, dumping remains and reselling the plots. Thousands of worried families want to know if their loved ones were in those graves -- the graves that were disturbed. We don't know the status of Mrs. Obama's father's grave. His name was Frazier Robinson III, and her office did confirm to CNN that Mr. Robinson is buried there. There will be another news conference this afternoon with the latest on that that and we're going to find out if indeed his grave was touched.
We want to send our coverage now back to Wolf Blitzer and the best political team on television for the Sonia Sotomayor confirmation hearings -- Wolf.
WOLF BLITZER, CNN ANCHOR: Thanks very much, Kyra. They're about to resume over at the Senate (INAUDIBLE) office building. The Senate Judiciary Committee is about to continue the questions and answers of -- the questions of Sonia Sotomayor to become the next justice of the United States Supreme Court.
Folks are back in that room over at the Hart Center office building. And we see some of the family members of Sonia Sotomayor there, as well, including her mom. She's been sitting there as a proud mother from the very, very start along with her brother, who is a physician in Syracuse, New York, Juan Sotomayor, and several other family members, god children and others. A lot of her friends are there, as well. And they, obviously, are very, very supportive.
The chairman of the committee Patrick Leahy will be hitting that gavel very soon. And the questioning will resume with Charles Grassley, the Republican senator from Iowa.
Our senior Congressional correspondent Dana Bash is in the hearing room already.
They have had a nice lunch and now they're getting ready to go back to work -- Dana.
DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Yes, they are. And you mentioned the fact that Chuck Grassley, the senator -- the Republican senator from Iowa, he will be the next up. And it will be very interesting to hear how he approaches this because yesterday, in his opening statement, he was very focused on President Obama, on the idea that he had said that he wanted to nominate somebody who has empathy and how troubled he was by that.
In fact, I think that Sonia Sotomayor is walking in after having her own lunch break and getting ready to face Chuck Grassley and the other senators very shortly.
But Senator Grassley is going to be interesting because of that and because of the fact that he is potentially one of those Republicans, Wolf, the Democrats think they might be able to pull over to their side to vote for her. First of all, because he has a history of sort of voting both ways, if you will when it comes to nominees. But also, more importantly, politically, because he is from the very blue state of Iowa and he's up for re-election this year. So, his tone and tenor will be very interesting to listen to.
And also, the rest of the Republicans, particularly on this issue we've been talking about, about whether or not she will use her experience, as she has said before, or at least suggested before, in terms of how she approaches issues from the bench. Here, she made what Republicans are calling (INAUDIBLE) a confirmation conversion. And when she gets questioning from not just Republicans like Chuck Grassley, by also Lindsey Graham, another Republican who might go her way. I don't think it's over when it comes to that issue -- Wolf.
BLITZER: On that sensitive issue of being a wise Latina woman and she would hope that wise Latina women might be able to make better decisions than white men. She backed away from that, clearly, earlier today.
(BEGIN VIDEO CLIP)
SOTOMAYOR: I also, as I explained, was using a rhetorical flourish (ph) that fell flat. I knew that Justice O'Connor couldn't have meant that if judges reach different conclusions -- legal conclusions -- that one of them wasn't wise. That couldn't have been her meaning because reasonable judges disagree.
(END VIDEO CLIP)
BLITZER: And she also went on to say that I do not believe that any ethnic or racial or gender group has an advantage in sound judgment. I do believe that every person has an equal opportunity to be a good and wise judge regardless of their background or life experiences.
John King, is that going to be enough to reassure -- forget about the Democrats, because we think all of them are going to vote for her -- but some of those Republicans like Lindsey Graham and we'll be hearing his questioning coming up or Orrin Hatch or maybe even a Chuck Grassley.
JOHN KING, CNN ANCHOR: Like the first rule of medicine, the first rule of confirmation hearing is do no harm. And she has done no harm for her biggest chunk of support which are the Democrats. The Democrats have 60 votes, they have a clear majority in the committee. There's no reason to believe she's in any trouble.
The key answer there, retreating a bit on that. Is it enough to get a Lindsey Graham and a Chuck Grassley and an Orrin Hatch to say, you know what, we will support you? Because if she can get three or four Republican votes on the committee, then she is on her way to getting overwhelming confirmation on the floor of the United States Senate.
This is not in doubt right now. That is the key point. It will be interesting to watch when we come back from this break. Both sides huddle, they say, what do we want to do differently?
BLITZER: And here's the chairman Patrick Leahy, he just hit the gavel.
