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Uproar Over the President's Address to School Kids; Legal Experts Delve into Two Cases; High School First to Go Green in Georgia; AmeriJet Pilots Striking over Toilet Flap

Aired September 05, 2009 - 12:00   ET

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

FREDRICKA WHITFIELD, CNN CENTER: President Obama has a huge week ahead of him. First he's preparing to give a big speech to Congress and the nation and now CNN has learned the White House is working to draft its own health care legislation.

CNN's Kate Bolduan is at the White House.

Kate, what is the administration's new strategy to move the reform discussions ahead?

KATE BOLDUAN, CNN NEWS CORRESPONDENT: Hey there, Fredricka. Well, CNN has learned that the White House is quietly talking about drafting its own health care bill, a sort of contingency legislation if talks fall apart on Capitol Hill. This move, a possible reversal in course for a White House that has long left it solely to Congress to write this health care reform legislation.

The White House late Friday did stress that no final language has been written. A White House spokesperson in a statement saying, "The president has been reviewing all of the various legislative proposals, but no decision has been made about whether formal legislation will be presented."

Sources close to the process again say the plan is still unclear, but it is a sign, Fredricka, that the president, in addition to this coming Wednesday's big speech before Congress, that he's ready to get more involved in this process.

WHITFIELD: And Republicans are talking again today about health care reform and other matters. What exactly do they have to say?

BOLDUAN: That's right. Well, they're basically saying, as Congress is returning here to Washington, they think it's time to press the reset button. In the Republican address this morning, Minnesota Congressman John Kline says the goal of reform should be to fix what's broken in the health care system and preserve what works well. He says he doesn't think that's what's happening in the Democratic plan, so far. Listen here.

(BEGIN VIDEO CLIP)

REP JOHN KLINE (R), MINNESOTA: Our plan is designed to make health care more affordable, reduce the number of uninsured Americans and increase quality at a price our country can afford. We'll make sure Americans who like their health care coverage can keep it. A stark contrast to the Democrats' plan which the Congressional budget office has said will shift millions of Americans out of their current coverage.

(END VIDEO CLIP)

BOLDUAN: And many Republicans are strongly opposed to the government-run public option that is the core of the Democratic proposals in the house, so far.

At the same time, in the Senate, we're told the attempt at bipartisan negotiations continues. Senator Max Baucus and the so- called bipartisan Gang of Six held a conference call yesterday in preparation of returning to Washington after the holiday and in a statement, chairman Baucus said the group is going to sit down Tuesday, take stock of where they are, and determine how to best pass real reform.

He said, "I'm committed to getting health care reform done, done soon and done right." And Fredricka, if I can just add two sources, I'm just getting this from our senior congressional correspondent, Dana Bash, that Chairman Baucus could distribute a proposal among the five other negotiators of the Gang of Six as early as this afternoon. So clearly, when he says done soon and done right, he means it.

WHITFIELD: All right, right away. All right, thanks so much. Kate Bolduan in Washington, appreciate that.

All right, the president resets his strategy on health care reform. Next week he's addressing a joint session of Congress. Wednesday night, you can watch it right here on CNN. Also get analysis from the best political team on television, 8:00 Eastern, right here on CNN.

All right, he went from 911 caller to accused mass murderer in less than a week. Last Saturday, 22-year-old Guy Heinze told police about the brutal crime scene at his home, where eight people were killed. Most of the victims were his relatives. Last night, police jailed and charged Heinze for the family's slaughter. Today, a small town buries its dead. CNN's Sean Callebs is live in Brunswick, Georgia with the very latest -- Sean.

SEAN CALLEBS, CNN NEWS CORRESPONDENT: Yeah, Fredricka, it has been a very long, very difficult week for a lot of people here in this small coastal area. You're exactly right, in a matter of hours, seven of those eight who were brutally murdered a week ago will be laid to rest. About 45 minutes from where we are here in the town of Brunswick.

We show you some pictures of the caskets last night at a funeral home and point out that the family actually wanted us there, they wanted the community, they wanted people to know that these are the victims and at that time, there had not been an arrest. And one family member said quote, there was a monster out there, they wanted that person arrested. Well, authorities say that monster turned out to be the person who made that emotional 911 call, 22-year-old Guy Heinze, Jr. Authorities accused him of killing his own father as well as five other family members and two family friends. Listen to how the Glynn County police chief refer to the viciousness of this crime.

(BEGIN VIDEO CLIP)

CHIEF MATT GOERING, GLYNN COUNTY POLICE DEPT: It's the most heinous crime we've ever had in the community. I think we all know that. I think that speaks for itself. Much more than that, I don't want to comment. I don't want to say anything that would be inappropriate. There's still a lot going on right now. The family's going through that grieving process and I just want to leave it alone, right there.

(END VIDEO CLIP)

CALLEBS: The family members actually found out during the visitation last night that Guy Heinze had been arrested and charged in this brutal killing.

I want to walk you quickly through a time line. You know, the murders happened last Saturday, the day Guy Heinze, Jr. made that 911 call. When authorities arrived, they arrested him, charged him with possession of drugs for having some pot and some Darvocet, obstruction of justice as well as tampering with evidence for allegedly taking a shotgun out of the mobile home and hiding it.

We spoke with his attorney on Tuesday who denied Heinze had anything to do with the killings. Then Heinze received bond on Wednesday afternoon for $20,000, not the kind of bond, Fredricka, you would expect for someone accused of eight vicious killings, but authorities say he was not a suspect until some new information came to light Friday evening. Right now, authorities remain tight-lipped and are not telling us what that new information is -- Fredricka.

WHITFIELD: Wow. Horrible investigation. Thanks so much, Sean Callebs in Brunswick, Georgia.

All right, also in this country, all eyes have been on the West Coast. Lots of wildfires taking place and they're still burning. Reynolds Wolf is just back from covering the wildfires. We'll get to him in a moment.

But first, California Governor Arnold Schwarzenegger is offering a $100,000 reward as part of the arson investigation into that massive station fire. The fire near Los Angeles has destroyed around 150,000 acres and more than 70 homes. Right now, it's around 50 percent contained.

Reynolds Wolf, back with us now.

REYNOLDS WOLF, CNN METEOROLOGIST: Hey, Fred.

WHITFIELD: Boy, that is some fire to try to battle. It's been very dry, the low humidity. Winds weren't a huge factor but a lot of elements were hampering the firefighting efforts.

WOLF: You are correct. I mean, the weather really didn't cooperate one bit. Today, surprisingly, the winds are expected to increase a bit, anywhere from 20 to 30 miles-per-hour right through those canyon passes. So, that is not going to help matters.

Temperatures, as you mentioned, Fredricka, going right back up into the 80s, the 90s, even some 100s in the central valleys and canyons, so certainly not the best scenario. What they could use out there would be some moisture, some precipitation.

(WEATHER REPORT)

Let's send it back to you.

WHITFIELD: All right, thanks so much, Reynolds. Appreciate that.

All right, with the health care debate heating up and our jobs on the line, some members of Congress remain undecided. We'll talk to one who's getting lobbied from all sides.

(COMMERCIAL BREAK)

WHITFIELD: A freshman congressman who has not made up his mind on health care reform legislation is getting lobbied on all sides. But as CNN's Dana Bash tells us, the one person he would really like to hear from is the president.

(BEGIN VIDEOTAPE)

DANA BASH, CNN SR CONGRESSIONAL CORRESPONDENT (voice-over): Here's something you haven't seen during the summer of angry town halls.

SUSAN BURTON, FAIRFAX, VIRGINIA, RESIDENT: Welcome so much for coming to my home.

REP. GERRY CONNOLLY (D), VIRGINIA: Oh, my pleasure.

BASH: A health care house call. Democratic Congressman Gerry Connolly at Susan Burton's table, invited to hear her explain why she may have to cut health coverage for workers at her small business.

BURTON: A thousand for family coverage, so that's the one we went with. That's outrageous for a group.

BASH: Connolly, a freshman, wants to back health reform but is wary, because his Virginia district is fairly conservative.

Afterwards, the congressman lamented that the deep concern he heard here about the current health care system has been drowned out.

(on camera) Why is public opinion turning against health care reform if you have stories like that?

CONNOLLY: Well, partly we've had a steady drumbeat of the negative, playing on people's fears and anxieties And to some extent, that's clearly taken hold.

This is the bill. BASH (voice-over): In a car ride through his district, Connolly blamed his own party, especially the president, for losing control of the debate.

CONNOLLY: The White House, candidly, underestimated the passion on the other side.

I think we underestimated the ability of the opposition to, you know, really initially frame the issue in outlandish ways.

BASH: Connolly goes back to his district office to see Democratic groups scrambling to reframe the debate and get his vote.

UNIDENTIFIED FEMALE: That was the whole point of us getting people elected.

BASH: Members of a local union, there to lobby him in one room. And in another, volunteers from the president's political group, Organizing for America, deliver a box of petitions, and bring emotional stories of pre-existing conditions that make insurance unaffordable.

KARIMA HIJAN, VIENNA, VIRGINIA, RESIDENT: And I had to resign from my job because of my health issues.

BASH: Connolly says those meetings are effective, but back in the car, this Democrat with conservative constituents says what he really needs is better leadership from the president.

CONNOLLY: We need Obama to maybe put aside the cool, cerebral part of himself. We need a more passionate Obama, who can directly articulate to Americans why we need health care.

BASH: If Connolly's Democratic leaders change their health care proposal to better control costs, among other things, they will get his vote, which this freshman Democrat knows could cost him his seat, unless the president and his party do a much better sales job.

Dana Bash, CNN, Annandale, Virginia.

(END VIDEOTAPE)

WHITFIELD: Congress, of course, has a full plate ahead with health care reform proposals when lawmakers come back to work on Tuesday. So, what do Americans want them to do exactly? Our deputy political director, Paul Steinhauser is checking out some new poll numbers. And what's the consensus?

PAUL STEIN HAUSER, CNN SR DEPUTY POLITICAL DIR: Well Fred, you know, you heard Kate Bolduan just a couple of minutes ago report that Republicans want to hit that reset button on health care reform, but do Americans agree?

You mentioned our new poll. Check it out. This is CNN, the Opinion Research Corporation, a national survey and it indicates here, look at that top number, about one in four say the Congress, the lawmakers should pass the current bills with few changes.

Twenty-eight percent say well, yeah, they should pass some of these current bills on health care, but make some major changes. Only a quarter say start from scratch and then at the bottom there, Fred, one in five say stop all work on health care reform, they like the system, the insurance system, the way it is -- Fred.

WHITFIELD: So, we know Paul, there have been a lot of town hall meetings, there have been protests in the form of town hall type meetings. How much is that influencing perhaps how Americans feel about the health care reform debate overall?

STEINHAUSER: You know, overall, and you're right, we have seen a lot of media coverage of those town hall protests and a lot of the protests, of course, against the president's plan, what he wants to do on health care reform, but according to our poll, it suggests that six out of ten people say, you know what, all that coverage didn't change their opinions at all, and they feel the same way. Only a minority say they got influenced by them.

Another good thing here, check this out, Fred. We know that Americans appear to be divided according to polls, about what the president's plan is, but there is a generational gap. That's what our poll suggests. Look at the bottom, there. People 65 and over, those people vote in big numbers, they oppose the president's plans and maybe it's because of Medicare. They're worried there will be changes to Medicare, the system that they like overall -- Fred.

WHITFIELD: All right. Paul Steinhauser, thanks so much from Washington, thanks for breaking it down for us.

All right, speaking of health, this afternoon at 4:00 Eastern, we're spending a full hour on H1N1 or swine flu. You can e-mail your questions to my FaceBook page at Fredricka Whitfield CNN or at weekends@CNN.com. And of course, you can also leave a comment of question on my blog, CNN.com/Fredrick.

And we'll have an expert on hand to answer as many questions as possible. We're also going to have a family that has participated in clinical trials of the H1N1 vaccine. Perhaps you have some questions for them about what they're experiencing now that they are subjects of this clinical trial. It's supposed to be available for everybody come mid-October, but we'll see about that as well.

All right, pop star, Chris Brown, will do community service and get domestic violence counseling for assaulting his former girlfriend, Rihanna. Our legal guys are ready to get down on this one.

(COMMERCIAL BREAK)

WHITFIELD: Plenty of unexpected situations can crop up and put a damper on your travel plans, but a little preparation can make things easier. Our Richelle Carey has ways to handle some of the worse case scenarios in today's "On the Go" segment.

(BEGIN VIDEOTAPE) RICHELLE CAREY, CNN CORRESPONDENT (voice-over): Severe weather, medical emergencies, getting lost; travelers need to be prepared for anything.

SARAH KANTROWITZ, TRAVEL + LEISURE: There are many unexpected things that can happen when you're traveling, in particular in regards to the weather. Travel insurance will help reimburse you for your expenses and help to bring you home.

CAREY: You should take extra care when traveling overseas.

KANTROWITZ: Many people worry about losing their passport when they're traveling. A great tip is to make a color copy of your passport and leave it in your hotel safe. This way, if you lose your passport, you'll be able to prove your citizenship at the U.S. embassy with less hassle.

CAREY: And make sure you can get cash when you need it.

KANTROWITZ: Before you leave for a trip abroad, change your ATM pin to a four digit code. Most foreign ATM's only accept four digit codes and this will help if you need cash while you're traveling.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories right now. President Obama says he wants to make it easier for Americans to save for retirement. During his weekly address, the president said the federal government is taking steps to allow people to have their federal tax refund sent as a savings bond.

Another initiative would make it easier for employers to automatically enroll workers into retirement plans. Employees could still choose to opt out.

And hundreds of volunteers and police in Beaver County, Pennsylvania, are searching a wooded area for a 4 year-old who disappeared last night. Wyatt Thomas Smitsky has a heart defect that requires him to take medication three times a day. Well, police think he wandered away from home and simply got lost.

The Georgia man who called 911 to report his family had been killed in their mobile home is now charged with their murders. Guy Heinze, Jr. was arrested yesterday on eight counts of first degree murder. One of the victims was his own father. Police have not released a possible motive.

And a new ruling allows those who were wrongfully detained as material witnesses after September 11 to sue former attorney general, John Ashcroft. The federal appeals court in Idaho also called the bush administration era detention policies, "repugnant to the Constitution." We'll get another check of our top stories in about 20 minutes from now. All right, he admitted to assaulting her, but pop star Chris Brown says he still loves his former girlfriend, Rihanna. He says their relationship ended with them remaining friends. Brown gave his first television interview to CNN's Larry King. He talked about the February attack that may forever tarnish his public image.

(BEGIN VIDEO CLIP)

CHRIS BROWN, POP STAR: Well, I have to say I guess that night was just one of the nights I wish I could just take back and I really regret and feel totally ashamed of what I did.

(END VIDEO CLIP)

WHITFIELD: All right, so let's check in with our legal guys. Avery Friedman is a civil rights attorney and law professor.

Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Hi Fredricka.

WHITFIELD: And Richard Herman is a New York criminal defense attorney and law professor.

Good to see you, as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTY: Hey Fred.

WHITFIELD: OK, so guys, he's already been sentenced, already been handed down. However, he spoke publicly, Richard. I'm wondering, did he refrain from adding any new details because possibly prosecutors would be able to come back and maybe reshape a new case? Why would he even do this?

HERMAN: No, they're not going to reshape a new case. They get one bite of the apple and they took it. But he's got five year probation and supposedly, he's going to do some sort of pick up garbage or trash or something like that, but he has to stay away from her. He has to stay away from her for five years. That's where it's going to break down. She's looking to terminate that provision because she still wants to be with him.

She needs electricity because she's got a major problem with this guy. We're hearing histories of their relationship and violence before this event took place. So, this is a real tragedy.

WHITFIELD: This is very confusing, Avery. So if she still wants to be with him and perhaps she didn't want to see punishment imposed on him, didn't she have to cooperate for this case to even go forward?

FRIEDMAN: Yeah, as a matter of fact, without that cooperation, Fredricka, they never would have gotten the conviction. But, I think it is noteworthy and Richard nailed it, Larry King at least, in fact, I think he must be in traction. I think he's so stretched out and looking for an angle to get an answer out of Chris Brown that he'll be in physical therapy. But the truth is that even asking about innocent things, if Chris Brown said the wrong thing, it could very well go back to court if there's an inconsistency with what he said and it could impact -- not on liability, he's already been found guilty, but rather on the ultimate sentence. So...

WHITFIELD: And so that's why he gave these nebulous comments. Because they really didn't further the discussion or help you get a better picture of filling in the blanks of what happened that night.

FRIEDMAN: Nothing at all. I mean, Mark Geragos did the right job. He did the legal part. The other people dressed him up like an organ grinder. So, basically, you got nothing out of him.

HERMAN: Hey Fred, this guy is nothing but a punk. That's all he is. and I'll tell you, what made worse than Larry King was when he denigrated Oprah afterwards, after Larry King, and said that Oprah's interviews on her show was a slap in the face to him. This guy's going nowhere. I hope his career goes down the toilet.

WHITFIELD: Oh, boy. Let's talk about Montana, what's taking place there. It could become the first state to allow medical aid in dying. Why -- Avery.

FRIEDMAN: Well, this is a very, very serious issue about the personal rights of the terminally ill. It's a very serious matter because the question that the Montana Supreme Court considered this week, Fredricka, was where does medicine go, where does science go. If someone is going to die, can they die with dignity?

Now, the attorney general argued that doctors cannot play a role in facilitating death, but I think based on the questions we heard from the justices, their concern was when the terminally ill person works with the doctor to further alleviating pain, shouldn't that be a personal right. And my prediction is that that's where we're going to see coming out of Montana.

WHITFIELD: So, I wonder, Richard, are you willing to predict, too, this is a state Supreme Court case, that this has all the makings of becoming a U.S. Supreme Court case, potentially?

HERMAN: You know, we're all leaning toward that down the road. But they're taking it one step further, as Avery just said. They're saying can a mentally competent terminally ill person get their medical physician to assist them in ending their life. Just not stop taking the medicine, but actually assist them in ending the life. I think the legislature's going to come in here. I don't think the courts are going to make the decision in this state.

WHITFIELD: All right, let's head even further west, talking California, talking Phillip Garrido. This case is still being built and now we understand a van has also been impounded or taken away as they search for evidence. So, Avery, do you believe that this is a case that -- this is really just the starting point with young Jaycee that they are going to be potentially other cases that they might be able to pin, and I'm talking about missing persons cases, or other rape cases?

FRIEDMAN: Yeah, I hope so, Fredricka. This is a really bad guy. One part of this case that a lot of people are not talking about is the complicity of Nancy, his wife. And the irony is that she's going to be charged and ironically...

WHITFIELD: Will she be charged with relatively the same kind of offenses?

FRIEDMAN: Sure. Absolutely. I mean, she participated with Phillip. But ironically, at the same time, she was licensed by the state of California as a social worker and received exemplary evaluations in assisting handicapped people. Very weird.

HERMAN: Fred, he got convicted of raping someone, sentenced to 50 years in prison. A little over 10 years, he was released from prison. He had monthly parole visits at his house. There were tents in the backyard.

WHITFIELD: And somehow they never even looked at the backyard.

HERMAN: They never...

FRIEDMAN: It seems impossible.

HERMAN: In '06 there were complaints that he had children in tents in the backyard. The person interviewed him in the front yard. It's a complete breakdown. These are incompetent, subcreatonic parole officers out there who just didn't care and could have prevented this situation or at least stopped it a lot earlier. This is outrageous. You look up abomination, a definition, Fred, this is it, this case.

FRIEDMAN: And Richard, that's your word.

HERMAN: That's my word. This is so sad.

So, you know, you're exactly.

WHITFIELD: All right. Well, something tells me we're going to be talking about this case a lot. And next time we do talk about it, I want to talk about statute of limitations because I would imagine that would apply in this case as well, or as it applies to him, Phillip Garrido. All right, Avery, Richard, thanks so much. You all have a great holiday weekend.

HERMAN: OK, Fred, be well.

WHITFIELD: Thank you.

FRIEDMAN: Take care.

WHITFIELD: All right, a pep talk now to school students. The president hasn't even spoken yet and some parents are already up in arms. We have the controversy and the compromise.

(COMMERCIAL BREAK) WHITFIELD: So this weekend is the last hurrah for summer for a lot of kids and those who aren't already back in school probably will be by Tuesday. They will get a special welcome back from President Obama. But CNN's Dan Lothian says not everyone is happy about that.

(BEGIN VIDEOTAPE)

GEORGE BUSH: Education matters.

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT (voice-over): Past presidents have spoken to school children before but it was the homework that the Obama administration gave to students ahead of a back-to-school address that sparked a revolt.

UNIDENTIFIED FEMALE: That he might be introducing some of his agenda, which as a conservative parent, I don't agree with.

UNIDENTIFIED MALE: My rights as a parent are being circumvented so that this president can speak to my children.

LOTHIAN: The Department of Education had suggested that students be assigned to quote, "Write letters to themselves about what they can do to help the president." He in turn plans to encourage them to stay in school. But some conservatives say Mr. Obama is pushing propaganda on school children. Jim Greer, the head of Florida's Republican Party, even accused the president of turning to kids to spread his liberal lies.

JIM GREER, CHMN., REUPBLICAN PARTY OF FLORIDA: I think the president has enough to do focusing on the economy and finding jobs for Americans than writing lesson plans out of the oval office.

LOTHIAN: School officials across the country scramble to address the problem. The Salt Lake City district advised teachers to notify parents if they planned on airing the address in class and allow students to opt out. Similar moves in states like Colorado, Florida, Minnesota, Kentucky and Virginia.

UNIDENTIFIED FEMALE: Will I send my child? I don't know. Right now, I would say no. I'll keep him home.

LOTHIAN: Reacting to the uproar, White House spokesman Robert Gibbs said, "I think we reached a little bit of the silly season when the President of the United States can't tell kids in school to study hard and stay in school." Some people agree, seeing the address as inspiring, not political.

UNIDENTIFIED FEMALE: I think any time that someone talks about education and kids staying in school, there's no other motivation for that.

LOTHIAN (on camera): The administration did acknowledge some confusion so the lesson plan was tweaked. Rather than letters on how they can help the president, students are now being asked to write about their education goals and how they can achieve them. And to further allay fears, the White House plans to release the president's speech on Monday online so that parents can get a chance to read it. Dan Lothian, CNN, the White House.

(END VIDEOTAPE)

WHITFIELD: Of course, you don't have to be in school to catch the president's speech to the children. Just tune in to CNN. We plan to carry it live at noon eastern and that will be on Tuesday.

It began with only 10 h1n1 cases. Now there are more than 2,000 suspected cases in just the first two weeks of classes at Washington State University. School officials think nearly 10 percent of students have come down with the virus and about 200 students come in every day with symptoms. They say students who feel sick should try to stay away from classes as best they can.

The more the h1n1 virus spreads, the more parents are going to websites for information. In fact, scientists are hoping the internet will actually play a big role in helping to fight the virus. Josh Levs has some resources for you.

JOSH LEVS: The internet is playing a big role in people trying to track what happens with swine flu and trying to do their best to avoid it. I want to show you some key websites to follow for this. Take a look here. This is the first one. This is from CNN, cnn.com/swineflu or cnn.com/h1n1. It works either way. It will get you to all our latest reporting, some information, some advice from Dr. Sanjay Gupta, protecting your family, worldwide concerns. All sorts of reporting and video that we have here.

Now take a look at this. Healthmap.org. This is interesting. This follows all sorts of diseases and illnesses around the world. I clicked specifically on h1n1 and I clicked the United States as an example here. What it does is it gives you the latest reported cases and the sources for them. You can go in and learn more about them, you can click on some of them and they will give you information about where the report came from, what kind of problem they're having there and if you see a preponderance in one area that could alert you that could affect where you are.

Check out this, too. This is from Google. Google follows trends in general. Something Google does. If a lot of people in one part of the world are suddenly searching for a term, Google will sometimes highlight that and say we wonder why that's happening. They set up a special page to do that specifically for the swine flu. Take a look here. It's google.org. They're calling it flu trends. What they're doing is following how many people in different parts of the world are searching for information. Also, within that, which regions are suddenly searching for a lot of information. If they find that suddenly a lot of people in Kansas, let's say, are searching for information about that flu, they might highlight that and kind of alert people and say maybe there's a reason to look out for Kansas right now. That's all from Google.

One more thing, actually two more things to show you. This is flu.gov, this is from the administration, where the Obama administration is putting a lot of information out there, how to prevent this, how to try to protect yourself, and the latest information about this. Now, everything I just showed you is in one place. You don't need to write it down. It's right here in our newsroom blog, cnn.com/josh. We have a whole bunch of links for you here and we would love to hear from you. You can try these out and let us know if there are others that work for you. Here's how to get in touch, you can see there cnn.com/josh also Facebook and Twitter, both cases it's slash Josh Levs CNN. So be in touch with us, let us know if these are working for you. There are others and we will share some of them right here. Back to you.

WHITFIELD: Very good. Of course Josh will be back with us in the 4:00 Eastern hour because we are going to be devoting the entire hour to the swine flu, h1n1. Everything you want to know about it, you can e-mail your questions, meaning right now, to my Facebook page at Fredrickawhitfieldcnn or at weekends@cnn.com or you can also leave a comment on my blog, cnn.com/fredricka. Lots of different ways in which to send a comment or question. We'll have an expert on hand who will hopefully answer a lot of your questions. We'll also have a family that is taking part in the clinical trials of the h1n1 vaccine. Perhaps you have some questions for them about what they're encountering, what they're experiencing now that they have elected to be part of the clinical trials of that vaccine while everybody else will be made available to those vaccines come mid-October. They are getting a taste of it right now.

A preacher prays for the president to die? Our legal guys have definite opinions on this. I know I said that I was saying good-bye to you. Well, hello again. You'll be back. We have more cases. I'm not well. Thanks. We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories right now. Firefighters are making progress in the battle against that massive wildfire near Los Angeles. The station fire is now being called an arson. The blaze has already charred more than 200 square miles and claimed the lives of two firefighters.

The search is under way for a missing 4-year-old boy with medical issues in Beaver County, Pennsylvania. Police believe Wyatt Smitsky may have wandered away from his home last night. But compounding the family's worries, the boy needs daily medications for a congenital heart defect.

Our legal guys are back. Avery and Richard, I was saying good- bye to you, happy holiday weekend, and Richard, you were like be well. Well, clearly I'm not well because I forgot, we've got three other cases in which to delve in. All right, let's talk about this one in Kentucky. This is heartbreaking. We're talking about a family mourning the loss of their 15-year-old son. The coroner initially said that he died of heat stroke, he was working out with the football team in 107 degree heat, didn't get a water break. Now this case is in court. So Richard, the football coach, his attorneys are going to argue that this child was taking a medication for ADHD and that perhaps precipitated his death. Where does this go?

RICHARD HERMAN, : They're going to say a lot of things Fred and that's the point. In this case there's going to be multiple experts from each side telling this jury what the cause of death was. That's going to create reasonable doubt and there's no way this football coach is going to get convicted here. It's a tragedy. It's a 15- year-old boy who, between his freshman and sophomore years, put on a lot of weight. We don't know how he did it or why he did it like that for football. He was a lineman. Look, Fred, a lifetime ago, I worked out like this in double sessions in the summertime. It takes a lot out of you but I have never seen anybody go down like this. It's a tragedy for the family but I don't think you can put it on the coach.

WHITFIELD: Avery, we're talking about this is Coach Jason Stinson. The 15-year-old is Max Gilpin. This is very tough because so many schools across the country have learned about this lesson. They're wearing all this gear when it's hot and when someone says they want water, they've got to have a water break. Is that going to be at the core of this argument?

AVERY FRIEDMAN: That is the core of the prosecution that Coach Stinson denied Max opportunities for water breaks but I think Richard is right. The fact is that in fact, the judge ordered the Jefferson County prosecutor to turn over records and one of those records was the chief of emergency services at the University of Louisville Med Center, who said, and this is the prosecution witness, that the cause of death was an accident, it was not a homicide, it was likely caused as you said by the Aderol rather than dehydration. That's the issue in the case, reasonable doubt, no conviction.

HERMAN: On a side note, Fred, this report was just turned over to the defense.

FRIEDMAN: Right, when they were selecting juries this week.

HERMAN: Just now.

WHITFIELD: A year later. Let's talk about what's happening in Arizona. A preacher says let's pray for Obama to die. But wait a minute, Richard. Aren't we talking about -- I mean, isn't this borderline treason if not treason altogether, you're wishing for ill fate if not the country then the country's leader? How do you get away with this?

HERMAN: All right Avery, put your seat belt on. I think this preacher should be arrested right now. You cannot go into a crowded movie theater and yell "fire." I would argue you cannot stand in front of a congregation like this which is almost cultish and preach that you wish and you pray that the president should die a horrible death and leave his wife alone and leave his children alone. You cannot do that Fred, this is outrageous.

WHITFIELD: Avery you're saying wow as if he's wrong?

FRIEDMAN: I don't know. Did we forget about the constitution? I mean, look --

WHITFIELD: This is a free speech issue, you think? FRIEDMAN: It's certainly a free speech issue. Who's really going to -- what this Steven Anderson said was he hopes he dies maybe by brain cancer like Ted Kennedy. I mean, it's a lowbrow, stupid remark. The great thing about America is you can say stupid stuff. Hey, let me tell you something. The secret service has already paid a visit probably deterred him but he has an absolute right in a free nation like ours --

WHITFIELD: You're saying now he may be praying for forgiveness.

FRIEDMAN: He may be but the important thing just simply is look, a lot of people say a lot of stupid things. I'm not worried about it. I have enough faith in Americans. Let him talk and just look the other way.

HERMAN: Except one of his congregants showed up at an Obama speech with an assault rifle.

WHITFIELD: OK.

FRIEDMAN: Arrest him. Arrest him.

WHITFIELD: Freedom of speech may prevail. OK, Richard, Avery, thanks so much guys. Now, --

FRIEDMAN: Is it really over?

WHITFIELD: It's really over now.

FRIEDMAN: Have a great weekend.

WHITFIELD: I'm sorry to say. I hate to see you guys, bye. All right, see you.

Some students get a fresh start at a green school. I'll give you a tour.

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WHITFIELD: There are some pretty lucky kids are starting off the academic year in a very green way, at a cutting edge Georgia school that's breaking new ground for the environment.

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UNIDENTIFIED FEMALE: Once I open the blinds in every classroom, there's no need for the lights in the ceiling.

WHITFIELD (voice-over): With class in session across the country, some Georgia high school students attend a brand new school gone green.

UNIDENTIFIED FEMALE: When you walk in here, you're uplifted.

WHITFIELD: That's because Arabia Mountain is the first public high school in Georgia that's lead certified silver. Arabia Mountain's overall design is based on using eco-friendly building materials, recycled carpets, low flow plumbing, even environmentally safe tile adhesives, all which promote a healthy learning environment.

UNIDENTIFIED FEMALE: The windows, the natural lighting is just, it's really the signature of the building.

WHITFIELD: Traditional chalkboards have given way to more technological boards, which encourage using less paper.

UNIDENTIFIED FEMALE: Every classroom has an interactive board. Interactive boards allow the teachers to provide notes, which means that there's no pockets of papers everywhere.

WHITFIELD: Recycling, conservation and preservation are key elements that support the teachers' lesson plan.

UNIDENTIFIED FEMALE: Children have to really have an appreciation and an understanding of why certain things are important for them to want to conserve or preserve or recycle.

WHITFIELD: Recycle bins litter the campus. There's a greenhouse for growing vegetables and plants for the community, and three outdoor classrooms equipped with Wi-Fi. LEED supporters say the time and money to build a LEED school is no different than building a traditional school. The differences come with the long-term savings that LEED schools bring.

BRENDA M. STOKES, LEED AP, DIR. OF CONSTRUCTION BIBB CTY. PUBLIC SCHOOLS: Initial construction costs are very, very small by simply rethinking the way you design and construct a school. You could reduce the maintenance, the operations, the cleaning costs of the building.

WHITFIELD: One parent says communities need a new way of looking at things.

GWEN FORE, PARENT: Getting all the kids involved about the environment and making sure they know what their contributions are, and try to actually apply that into the adult life.

GIA FORE, STUDENT: Getting everybody involved with helping and you know, helping recycling.

WHITFIELD: Educators and green building council members agree that allowing students to understand what they can bring to their environment is no going green fad.

DR. ANGELA PRINGLE, PRINCIPAL, ARABIE MOUNTAIN HIGH SCHOOL: When you help someone, when you do something to push someone to another level but now we're pushing a movement to another level.

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WHITFIELD: Of course, another way the school stays green, the electrical system shuts off every day at 6:00 in the evening to conserve energy. (COMMERCIAL BREAK)

WHITFIELD: Pilots for one of the country's global cargo carriers are furious and on strike. AmeriJet removed the toilets on its planes to decrease their weight. Now pilots had to resort to a plastic bag. Jeanne Meserve has more on the debate.

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JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Striking AmeriJet cargo pilots are raising a stink over working conditions, specifically the lack of bathrooms on the Boeing 727s they fly. They offer a show and tell in a Youtube video.

UNIDENTIFIED MALE: This is what you used to go for number one and a much bigger bag for a number two which we don't want to show you.

MESERVE: Pilots say there is no private place to use the bags and once they're full, they pose a sanitary challenge.

DAWN LESCHINSKI, FIRST OFFICER, AMERIJET: It's put in back of the cockpit. It seals up, put in a bag until we return back to Miami to dispose of it.

MESERVE: The pilots claim the planes were delivered with bathrooms but AmeriJet took them out to reduce weight.

KAMAL PITEL, AMERIJET CAPTAIN AND SHOP STEWARD: Initially they didn't provide anything. The bags that they have given us, they didn't even provide those. Eventually, they realized that there were some corrosion issues when crew members would have to go into the cargo hold to use the bathroom. So that's when they start to provide pee bags and bags for going number two.

MESERVE: AmeriJet refused to comment on the lavatory issue. Pilots for other small cargo airlines say they have similar setups and the Federal Aviation Administration says there is no requirement that any aircraft have a bathroom, including passenger jets the public flies. "That is not an aviation safety issue. It's a passenger or crew member comfort issue." But the Business Travel Coalition says it is a safety issue, because pilots should not be distracted when making critical split second decisions.

VOICE OF KEVIN MITCHELL, BUSINESS TRAVEL COALITION (via telephone): While these are working conditions that are something you would expect from the sweatshops of the 1930s, and you cannot have these kinds of conditions and have them compatible with safety margins. It just doesn't work that way.

MESERVE (on camera): We also spoke to the Occupational Safety and Health Administration or OSHA, which polices workplace safety. It says aircraft are not within its jurisdiction. So if and when the striking pilots begin flying again, they may well be left holding the bag. Jeanne Meserve, CNN, Washington.

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WHITFIELD: All right, join us again at 4:00 Eastern Time. We're spending a full hour on swine flu, h1n1. Everything you need to know, your questions answered. We want to hear your comments as well. We'll have an expert on hand to answer some of your questions. We'll also have a family that has elected to be part of a clinical trial of the H1N1 vaccine. Perhaps you've got questions for them. Stay with CNN throughout the day for the latest breaking news as well. I'm Fredricka Whitfield. Have a great day.