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Flooding Kills Eight People, Al Qaeda Leader Audio Message, Liberal Groups Unite, Rutgers University Plans Vigil; Terry McMillan's "Getting to Happy"; Paris Hilton and Anna Nicole Smith Court Case Updates; Rahm Emanuel Leaves the White House for Chicago; New Toys for the Holiday Season; Panama Welcomes U.S. Retirees
Aired October 02, 2010 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: All right, we're not going to talk about vegetables for now, instead we're going to talk about some very nasty weather along the East Coast, pretty dire situation for tens of thousands of people.
Flooding from North Carolina to New England has killed at least eight people. Homes and businesses are under water and dozens of roads are also closed. The high water starting to recede in some areas, but blood warnings and watches are still in place.
All the rain came from remnants of Tropical Storm Nicole and another weather system is moving throughout the region.
Our Reynolds Wolf, in the Weather Center, tells about that.
REYNOLDS WOLF, AMS METEOROLOGIST: Well Fredricka, you're absolutely right, it really is a combination of both those things, that dying tropical system with that frontal boundary, and the two of those entities coming together produced quite a bit of rainfall, to say the very least. In fact, the numbers are staggering, in New York, 2.9 inches of rainfall.
That by itself is impressive. But then when you get over to Allentown, 7.08. then down to Baltimore, nearly half a foot of rainfall in some spots, Norfolk, it gets crazy, it gets just ridiculous in Wilmington 22.54 inches of rainfall, much in very, very quick duration and I'll tell you, the results, of course, the widespread flooding, eight people dead. The clean up begins for many communities, a lot of people still without power.
The good news is the weather should be a little bit easier to deal with today as high pressure builds into the region, a little bit of break in the action. But, if you look back to the west you're going to see another area of low pressure and with that a frontal boundary and chance of scattered showers. Already in Detroit we've had some rainfall there. A little bit farther south, in Toledo along I-75, rain will continue. And you'll see some of that in Dayton, Ohio before the day is out, same deal in Cincinnati.
In Indianapolis, you've had the heaviest rainfall within minutes it's going to be pushing off to the east. In Louisville, get ready, the showers are going to come on in. What we can also expect is today is a rush of cooler, drier air right behind that frontal boundary. High temperatures across much of the northern plains into the 50s, the 60s, some 80s when you get into parts of Dallas and even into Houston, 87 in Houston, 95 in Las Vegas, 80 in Los Angeles, back in Atlanta, 78 degrees, New York and Boston mainly in the mid to upper 60s. That is a quick snapshot of your forecast.
Fred, let's send it back to you.
WHITFIELD: All right, thanks so much, Reynolds. Appreciate that.
WOLF: You bet.
WHITFIELD: All right, more drone attacks now in Pakistan. Overseas we're taking you. 18 people dead, and at least a dozen militants, among them. The strikes took place in north Waziristan, that's a tribal region near the Afghan border, and a stronghold of both the Taliban and al Qaeda.
And the leader of al Qaeda reportedly has sent out another audio message. On the tape, a man identified as Osama bin Laden urges Muslims to do more to help flood victims in Pakistan. The message is very similar to the one broadcast yesterday.
So, why speak now and why on this issue? Here's our national security analyst, Peter Bergen.
(BEGIN VIDEO CLIP)
PETER BERGEN, CNN NATIONAL SECURITY ANALYST: He's been keeping pretty quiet, he and his number two, Ayman al-Zawahiri have been releasing fewer tapes, I think partly because they are concerned about their own security, maybe drone attacks in the area where they are pursued to be living are interrupting their operations.
But for them getting a tape out around the anniversary of 9/11 attacks is important. We saw Ayman al-Zawahiri got a tape out a few days after the attacks and here is bin Laden now with two. And I think it's just a reminder that they are still alive and that they want to show that they are still in the game.
(END VIDEO CLIP)
WHITFIELD: Today's audio message appear red on Islamist Web sites. CNN has not been able to verify the authenticity of the voice.
And a deadly rail collision in central Indonesia. The transportation ministry says 36 people were killed when one train rammed into another from behind. At least 26 people are hurt. Both trains headed for Jakarta. The cause of the crash is still under investigation.
And it is being billed as the antidote to the Tea Party. Take a look right now. Live pictures from Washington, D.C. officially it is this gathering being called, "One Nation Working Together," and it just kicked off at the Lincoln Memorial one month now before midterm elections. In the crowd there reporting on this event, CNN's own Kate Bolduan.
So, Kate, give me an idea what the turnout is looking like and what is the sole purpose of this rally, today?
KATE BOLDUAN, CNN NEWS CORRESPONDENT: You definitely alluded to it, right there, Fredricka. One month to the midterm elections. That timing is no coincidence. Today what you are seeing here and what you're seeing behind me, they are getting ready, they're doing like a pregame show, I guess you would call it, before the big kicks off at noon here, Eastern. We have a range of liberal leaning progressive groups coming together really pushing a get out the vote message. And the groups we are talking about arranged from union groups, civil rights groups, gay rights groups, faith-based groups as well as environmental groups all talking about issues that they care about.
Very broadly the big issue, I know they say they are going to be talking about today, jobs, job creation, more assistance for the unemployed as well as improving public education. Also talking about immigration reform as well as stopping discrimination within the criminal justice system. As you can tell a broad range of groups, a broad range of issues coming together, today. We spoke on the few people as they were arriving to find out why they turned out. Listen here.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: So we're out here to ask for federal funding to take care of mass transit not only for Chicago but cross-country. So, these people here traveled all the way down here to Washington to walk as long as they have to walk, stand as long as we have to stand, shout as loud as we have to shout, to demand, not only ask, but demand, that they restore the service across the country and put these workers back to work. Like President Obama said, put America back to work.
UNIDENTIFIED FEMALE: We want to see the commitment to social programs that we all hoped were going to get funded. And it just seems like there's been so much obstruction and we're the people that voted for the change for the Democrats and for Obama and we want to see that change.
(END VIDEO CLIP)
BOLDUAN: Again, all of this is set against the backdrop of the upcoming elections. Recent polls, as we've been talking about for months, recent CNN polls indicate that congressional Democrats, they are in real trouble in the upcoming election. And you can be sure that's one of the things that they are going to be talking about today.
The message they are talking about is getting liberal base motivated to turn out to the polls. Organizers really trying to stir the same emotion and stir the same energy that we have been seeing among conservative groups as well as seen right here on the National Mall at the Glenn Beck and Tea Party rallies.
Fredricka, while they are talking about issues that they care about, the big issue is getting out the vote and trying to reenergize this base that two years ago did so much to get President Obama elected.
WHITFIELD: Yet, apparently among those issues they really want to drive home are jobs, justice and education. We'll check back with you, Kate Bolduan throughout the day as that rally gets underway. Thank you.
Also, a college campus in mourning and it's under scrutiny. The tragic case of a suicide after a sexual encounter is secretly posted on line. That's coming up.
(COMMERCIAL BREAK)
WHITFIELD: Rutgers University is planning a candlelight vigil tomorrow night to honor Tyler Clementi. The 18-year-old student took his life after video of his sexual encounter with another man was secretly streamed online. The shocking case of cyber bullying has triggered nationwide outrage and CNN's Stephanie Elam joins us from New York.
Stephanie, where does this investigation stand and how is that impacting the university, today?
STEPHANIE ELAM, CNN CORRESPONDENT: Yes, Fredricka, it's just a horrible story, right now. And we can tell you that there's also going to be a moment of silence before today's football game. Some students plan to wear black and we did see that yesterday, as well. There will also be a silent vigil, as you mentioned, tomorrow night.
Now meanwhile at Rutgers campus, as they are grieving there, the school is also grappling with some very troubling questions: How could this happen and could the university have done more to prevent it? One student told CNN she finds the situation very troubling.
(BEGIN VIDEO CLIP)
LAUREN FELTON, SENIOR, RUTGERS UNIVERSITY: It's absolutely horrifying for a lot of reasons. For one thing, Tyler was a person who did reach out to people on the Internet for a kind of safe haven and the fact that the tool that he utilized to express himself was also used against him in such a negative way is really terrifying.
(END VIDEO CLIP)
ELAM: Now, we talked to several students who say the LGBT community doesn't feel safe on campus and they want to see more done. The university president says he will meet with leaders of the LGBT community there and the university had already set up a resource center last year. But, in a statement, he says he hopes to do more, "Rutgers is an imperfect institution in an imperfect society, but we are always striving to find better ways to make every student feel comfortable and fully empowered." That's from Richard McCormick the president of Rutgers University.
Meanwhile, the investigation into the two Rutgers students charged with invasion of privacy continues. They are 18-year-old Dharan Ravi and Molly Wei. Prosecutors have said they are considering charging them with bias, as well, but that hasn't happened yet. Neither one of their attorneys has made a comment at this point.
Tyler Clementi's family has only spoken through their attorney and they plan on having a private funeral away from the press and so far they have had little to say about what has happened except that they are grieving and they want their privacy. And under the circumstances it is completely understandable -- Fred.
WHITFIELD: So terribly sad. So, I wonder if there are questions raised, whether it among the student body or outside of campus where people are asking should the university have done more, that apparently there were some reports that there was some knowledge among some staff there that there might be videotaping without the subjects knowing that there may even have been some harassment, whether it be of Clementi or other students on campus.
ELAM: Yes, there's been a lot of discussion about that. and there are posts that we can't confirm actually came from Clementi on different Web site, but we have confirmed that they do trace back to Rutgers where he says, or the person who's saying this, posts that they have gone to their R.A. and two people above the R.A. The university not commenting on that right now because they're saying they're in the middle of the investigation. But it is raising a lot of questions on how quickly, if they were alerted, were they reacting to the situation.
WHITFIELD: Yes, the R.A., resident assistant right, on campus, in the dormitory that would have been that person, that conduit to let the other person know. All right, thanks so much, Stephanie Elam, when you learn more, bring it to us. Appreciate that.
Of course, we're going to have more on this investigation and whether charges, including wiretapping or hate-related offenses might be applied in this very case. We'll have our legal briefs coming up next.
(COMMERCIAL BREAK)
WHITFIELD: A look at our top stories, right now.
U.S. drone attacks in Pakistan have killed at least 18 people, at least a dozen of them were suspected militants. The strikes took place in North Waziristan, that's a tribal region near the Afghan border and Taliban and al Qaeda stronghold.
And from North Carolina to Maine, floodwaters are starting to recede, but the situation is still serious in a lot of areas. At least eight deaths are blamed on that high water. And warning to all of you do it yourselfers out there, more than a half million home improvement books under various titles are being recalled. They contain faulty wiring instructions that could lead to electrical shock or fire. The books were published by Oxmoor House.
So, with closing arguments wrapped up, a jury in Connecticut is ready to decide the fate of one of the defendants in a brutal and deadly home invasion trial. Our legal guys have been watching this case from the very start. It's such a stunning case on so many levels. Avery Friedman, civil rights attorney and law professor, joining us along with Richard Herman, a New York criminal defense attorney and law professors.
Good to see you both, gentlemen.
This is such a troubling case there was so much graphic detail throughout that a number of people, including jurors, got sick just simply by the details. But now finally it has gone to the jurors and so you have you to wonder because of the graphic detail if this is, in some way, Richard, going to kind of set the pace for other trials, if it will now create new parameters.
Can details get too graphic for jurors? Can it be too much in the middle of trial?
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, there's supposed to be a jury instruction that emotion is supposed to be left out. And judges are supposed to caution attorneys who play on the emotions of the jurors. But how can you possibly not do that, especially in a case like this, Fred. This is probably the most gruesome murder case I have ever read. This is just an absolute travesty. And there's absolutely, in my opinion, no way that these defendants, either one of them, can avoid not only a murder conviction, but the death penalty. If any case was ripe for it, it's this case, Fred.
WHITFIELD: Yes, the prosecutor simply has the obligation, right Avery, to reveal, show everything they've got, no matter how nasty it is. now, Steven Hayes is the one defendant who's on trial, here.
You know, in the end, then, what was his defense? Did his defense attorneys have a really tough time going up against all this graphic DNA evidence? And there were images as well that documented this crime taking place.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Yes, I think the evidence that Steven Hayes is using is actually absent from his trial because Steven Komisarjevsky, who is the co-defendant, essentially the defense is saying, look it, our guy just sort of went along with the other defendant. We're really not guilty.
And really, what the defense is doing is trying to say this murder is something that the other defendant should be responsible for in terms of capital responsibility. We just sort of went along with it. Frankly, the evidence isn't supporting that. I think, not only are we going to see a conviction of both of them, but they are both looking at death penalty.
WHITFIELD: OK, jurors going to be back in court Monday and we'll see what happens from there. Now let's talk about what's happening at Rutgers University. This too is one of those things that just makes everyone feel sick from the top and bottom of their stomach.
So, now let's talk about, we're hearing prosecutors say that they are doing to be pursuing some privacy violations. But, there might be more, right Richard, in the form of wiretapping, one-party, two-party consent state, hate crimes, whether on the state or even the federal level. What will prosecutors be going after, here?
HERMAN: Yes. The hate crime, New Jersey has a very important hate crime bill. And if they were to bring charges based on that, to show some sort of bias or that this person was singled out because he was gay, even they were able to bring those charges, Fred, that would add another five years to the already five year max that both defendants are looking at.
So, you're looking at a potential 10-year prison incarceration. And some people might say that's not even enough for a case like this. However, if the fact is that Congress and the legislatures of the states have just not caught up to the type of technology that's available today and that's used over and over again and we're seeing it in a case like this.
WHITFIELD: All right, Avery, you concur in all that?
FRIEDMAN: Well, you know, this is another example of technology way ahead of the law. The problem is that we don't have laws to adequately deal with the horrific circumstances in this case. I mean, a young man committed suicide because of hatred. And the fact is that I'm not even sure that law can govern this sort of behavior because it's going to bump into First Amendment issues.
But the bottom line is when you couple deterrents, that is passing laws to protect people like this, along with a sense of civility, Rutgers can certainly promulgate a policy, Fredricka, which makes it consequential for doing this sort of thing.
But the bottom line is, I'm in agreement, these two young people are looking at five years. If the attorney general Paula Dow goes that way, we're looking at 10.
WHITFIELD: OK, so real quickly, we only have 30 --
HERMAN: I must tell you, Fred --
WHITFIELD: OK, we only have 30 seconds for this on the last case and then we're going to have to take a break.
But -- but this case of Andrew Shirvell, you know, assistant attorney general put on voluntary leave, yester, after he portrayed a college student as a Nazi on his own personal blog, including going to the student's home and shooting videos. So, Richard, I wonder, you know, voluntary leave, for one, but might he be facing some harassment charges somewhere down the line, as well?
HERMAN: Yes. The victim in this case has hired an attorney, he's going to bring charges.
Look, they are claiming, they're hiding under the veil of the First Amendment. This person is an assistant attorney general, he's a part of law enforcement, and for him to carry on as irresponsible as he's done, to put up pictures of swastikas and point signs at his victim, it's just incredible behavior and this guy's stepping down voluntary. He's got to be fired.
FRIEDMAN: Yes, well look, bottom line, on this, this is not First Amendment protected speech. Fredericka, this assistant attorney general has to be fired. That's what Mike Cox, the attorney general, has to do. The former governor, or present governor, former attorney general, said if he was my assistant attorney general he would have been gone a long time ago and he should be.
WHITFIELD: Wow. OK, looks like the producer gave us a little bit more time on this. So, let's talk about this last case involving some legal troubles that continue to mount for mega church pastor, Eddie long.
So, Long apparently canceled an appearance this weekend because of the recent developments. The most notable being the lawsuits filed by four former members of Long's church who accused the minister of sexually abusing them as teens.
So, earlier this week, Atlanta affiliate WAGA television caught up with Jamal Parris, one of the bishop's accusers. Take a listen.
(BEGIN VIDEO CLIP)
JAMAL PARRIS, ACCUSES BISHOP LONG OF SEXUAL COERCION: I cannot get the sound of his voice out of my head. And I can't forget the smell of his cologne. And I can't forget the way that he made me crying many nights when I drove in his cars on the way home not able to take enough showers to wipe the smell of him off of my body.
That man cannot look me in my eye and tell me we did not live this pain, while you can sit in front of the church and tell them that you categorically deny it, you can't say that to our face and you know this. You are not a man, you are a monster.
(END VIDEO CLIP)
WHITFIELD: Pretty powerful words.
Bishop Long's attorney, Craig Gillen, had this to say in response to that, saying, "Unfortunately, the plaintiffs and counsel are attempting to try their lawsuits in the media. The appropriate place to try the lawsuits is in the courtroom. There are rules on how civil litigation is to take place and how counsel should conduct themselves. We intend to follow those rules."
So, let's talk about this. So many rules have passed, Richard, there may not be any DNA evidence, maybe it's not necessary in this civil suit. But, is this case going to rely heavily on testimony just like we saw from Jamal, there? And how powerful is that going to be?
HERMAN: That testimony is direct evidence, Fred. If it's credible evidence, it's going to be enough to overcome the burden of proof for the plaintiff. This is a civil case, this is not criminal, it's not beyond a reasonable doubt, it's a preponderance of the evidence, an ever so slight tipping of the scales in their favor.
If it was one person making the allegation, perhaps, you know, you got good defenses. Two people, maybe some good defenses. Four people -- who knows how many more are going to come out of the woodwork.
You know, it's that Ted Haggard syndrome. This guy is a fraudster and a gangster, he's going down on these civil cases and if any of these victims are under 16 years old when it happened, Fred, you're going to look at statutory rape charges brought. This is horrific. And the people that suffered are the congregants. It's outrageous.
WHITFIELD: Avery.
FRIEDMAN: Yes, a little bit different view, I think instead of going on TV it's time actually to keep the plaintiffs quiet. Put your evidence on --
WHITFIELD: Except he was kind of approached, accosted. He really didn't seek that kind of attention.
FRIEDMAN: Yes, you're right, Fredrick. You're right. I don't know if he saw it coming. But the bottom line is the more they talk outside of the courtroom, the more evidence they are giving to the defense. If this case is going to be handled responsibly, keep them quiet. Have the civil testimony and depositions, go forward with the trial. The evidence appears to be fairly overwhelming against Eddie Long.
WHITFIELD: OK, very good, we're going to see you again later on in the hour. That's hot. That's how I describe you two. Well, apparently the person who --
FRIEDMAN: That's how I describe you.
WHITFIELD: Yes, that's hot. Thank you. Well, the person who apparently coined that has gone to court saying, you know what, I have the rights for it, "that's hot." Who am I talking about? Avery and Richard will along to talk about that case.
And Terry McMillan isn't waiting to find true happiness, she has rediscovered it. The acclaimed author of how "How Stella Got Her Groove Back" is back with a new book. "Getting to Happy" is the highly anticipated sequel to McMillan's best-selling novel, "Waiting to Exhale."
This time around, the four female protagonists are at a crossroads, forced to come to terms with the disappointment and deception in their lives. That's something McMillan knows something about. Several years ago, her husband revealed he is gay and an ugly divorce followed.
Well, I went "Face to Face" with Terry McMillan, who explained how that traumatic experience played out in the pages of her new novel.
(BEGIN VIDEOTAPE)
WHITFIELD: People have been waiting anxiously to know if there was going to be something, a sequel to "Waiting to Exhale." And so here we are, "Getting to Happy."
What happened in your life or in these women's lives that you felt like it was time to see what's happened 15 years after?
TERRY MCMILLAN, AUTHOR, "GETTING TO HAPPY": Well, it wasn't what happened to them. I think in part it was due to what happened to me. After my divorce, I was really bitter and angry, and I started meeting a lot of other women who -- in my age group, mid-40s to late 50s -- who were just sad. And I just thought, You know what? Something is wrong with this picture. You know, your life isn't over at 50 or 60. It's not over.
And so in trying to explore what it might take for us to get back to happy, so to speak, I just came up with four different scenarios that I know a lot of women have to deal with, some of which is, you know, deception and betrayal and just loneliness and all that. And so in trying to explore this, I realized that I had already told a story with four protagonists, female protagonists. And then I realized that those women were the perfect candidates for this story.
WHITFIELD: So Bernadine, Gloria, Savannah --
MCMILLAN: And Savannah and Robin, yes.
WHITFIELD: And Robin.
MCMILLAN: Well, I just hope that people aren't expecting to read "Waiting to Exhale 2" because it's not. These women have matured, and a lot of things that were important to you when you were 35 don't even move you.
WHITFIELD: So it's interesting because you -- you talk about you were in a place. You were upset. Your husband wasn't what you thought he was.
MCMILLAN: No.
WHITFIELD: When people read "Stella -- "When Stella" -- you know, "Stella Got Her Groove Back," they knew that was you. They felt that was you. They thought that was your experience. But then when you talked about your experience to the world, you shared that deception. Why is it you made a decision, You know what? I'm going to do a continuation of these women's lives, as opposed to write specifically about what happened to me, because people were anxious to hear about all those details. How did you deal with that anger? How did you move on?
MCMILLAN: Well, there are a lot of components to that because I have since forgiven my ex-husband, and we are actually friends now. And in this story, I wanted to try to dramatize what happens when you don't rely on someone else for all of your happiness.
WHITFIELD: To kind of, you know, summarize one of these women, Savannah, she is deceived by her husband. They've been together for a long time, and then she realizes that he is -- his mind or maybe his emotions are elsewhere.
MCMILLAN: I think she was bored with her husband, more than anything else. And then she just discovered something about his behavior that I think sort of angered her and disappointed -- more than one thing, and not anything that was as deep to me as finding out that your husband's gay. It wasn't that deep. And I think, in her case, and in a lot of women's case, when we go out of our way to please our husbands and try to make them happy, and then after a while, you start realizing that maybe it's not reciprocal or that there there's certain things that they take for granted -- I think it's a two-way street.
WHITFIELD: It isn't a portion (ph), where, you know, she says, I'm -- this is of Savannah. "I'm not one of those women who feels I need a man to complete me. I also don't think there's just one person in the world meant for you. Sometimes you luck up and sometimes luck runs out. I'm beginning to wonder if a good marriage is even possible. What I do now is, I'm tired of feeling navy blue when I have the right to feel lemon yellow."
MCMILLAN: That pretty much says it, yes.
(BEGIN VIDEO CLIP - "WAITING TO EXHALE")
UNIDENTIFIED FEMALE: There's my life in one little sad nutshell.
(END VIDEO CLIP)
WHITFIELD: "Waiting to Exhale" really did kind of touch a nerve.
(BEGIN VIDEO CLIP - "WAITING TO EXHALE")
UNIDENTIFIED FEMALE: You know what's funny? I always thought if I gave him what he needed, he'd give me what I needed. It's amazing what can happen when you give a man control over your life!
(END VIDEO CLIP)
WHITFIELD: So do you feel like readers have been given license, so to speak, to kind of come up and talk to you and share their life experiences? MCMILLAN: Well, I've had a lot of women that have done that for years, but I don't take credit for liberating anybody, OK? I'm too -- I am not Oprah! I don't -- I don't have that kind of power. I just try to tell -- I have tried to tell compelling stories that are plausible and about realistic characters who are going through problems and experiencing problems that I think are realistic.
(END VIDEOTAPE)
WHITFIELD: All right, there's more of Terry McMillan "Face to Face. " McMillan says she just finished a screenplay, in fact, of "Getting to Happy" And the movie rights have already been bought. She says three of the four stars from "Waiting to Exhale" are on board with this project. McMillan says the only holdout so far is Whitney Houston.
So at 2:00 o'clock Eastern time on "Face to Face With Fredricka," McMillan opens up about her bitter divorce and how she moved on to happy, how she got to happy.
All right, that's hot! Chalk that up for at least one legal victory for a celebrity socialite, Paris Hilton. That's in our "Legal Briefs" coming up.
(COMMERCIAL BREAK)
WHITFIELD: A look at our top stories right now. Another audio message has surfaced presumably from al Qaeda leader Osama bin Laden. It urges Muslims to help flood victims in Pakistan, similar to a message that surfaced yesterday. CNN could not verify the authenticity of the voice on the tape.
And another call for change in Washington. You're looking at live pictures right now of a rally at the Lincoln Memorial billed as, quote, "the antidote to the Tea Party." The demonstration is officially called One Nation Working Together. Organizers say it is promoting better education and economic opportunities ahead the mid- term elections, just a month away. Some of the speakers include NAACP president Ben Jealous and the Reverend Al Sharpton.
California lawmakers and Governor Arnold Schwarzenegger forged a budget deal that could solve the state's $19 billion deficit. The governor's office confirms an agreement has been reached, but it won't release details. The governor and legislators have been squabbling over the deal for nearly four months now. It will be made public Wednesday and come up for a vote the following day.
All right, the estate battle between Anna Nicole Smith's heirs and the late oil tycoon Howard Marshall is headed back to the U.S. Supreme Court. Let's bring in our legal guys back into the discussion, Civil Rights attorney and law professor Avery Friedman in Cleveland and criminal defense attorney and law professor Richard Herman in New York. Good to see you guys again.
Interesting! So I wonder, Richard, you know, the outcome of this case -- we're talking about the late Nicole -- Anna Nicole Smith, the late Howard Marshall and the late Pierce Marshall, his son, who were fighting over this estate -- and so I wonder if the outcome of this case in the U.S. Supreme Court, might it have a huge impact on other kind of family estate squabbles, Richard?
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: I don't know if it's going have a huge impact. But the Supreme Court has again decided to revisit the Anna Nicole debacle here, claim against the $1.6 billion estate.
WHITFIELD: Why?
HERMAN: They're looking at an appeals court decision which affirmed a jury verdict in Houston which basically found that the decedent, Mr. Marshall, was of his wits, was not pressured, that knew what he was doing when he drafted a will and left basically everything to his son and nothing to Anna Nicole.
What happened was Anna Nicole ran to California, filed a claim in bankruptcy court. And through the bankruptcy court, she got awarded $89 million, which was the ultimate resolution of that case. That was put on hold, and here we are waiting for a final determination as to which estate now is going to get the money --
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Final?
HERMAN: -- since they're both dead (INAUDIBLE)
FRIEDMAN: You think it's final?
(LAUGHTER)
WHITFIELD: So you see this going --
HERMAN: I think it's final.
WHITFIELD: OK. So now we're talking about the wife of Pierce who's now pursuing this, Howard K. Stern, also a familiar name, Avery. Boy, this case is just never-ending.
FRIEDMAN: Yes, that's for sure. Howard K. Stern actually is a defendant. There's closing argument in his drug conspiracy case this week. Remember, last time, Fredricka, Anna Nicole actually showed up in the Supreme Court wearing a little black dress, you know, and crying during the argument, actually. So we won't have that drama.
But it is a significant legal issue. On your first question, is it going to affect other families? You know what? I don't think so. We're dealing with a guy who was 89 who had, what, $1.6 billion --
WHITFIELD: Yes, lots of money.
FRIEDMAN: -- to give to his 26-year-old new wife. I don't think it's going to be too equivalent. It's a very narrow --
WHITFIELD: OK.
FRIEDMAN: -- technical issue. But it's fascinating only because the Supreme Court decided to take the case again.
WHITFIELD: Yes.
FRIEDMAN: And I think, actually, Pierce's spouse, the survivor, is going to prevail in the case.
WHITFIELD: Oh. Interesting. OK, well, some might think that their image and maybe something that they've been made famous to say would be kind of, you know, hot on a Hallmark card. But Paris Hilton said, No, that's not hot when I didn't give consent, and she actually won this case, Richard. Do we have any idea how much she ended up winning? She finally has a legal victory.
(CROSSTALK)
FRIEDMAN: I know!
WHITFIELD: Oh, you do?
FRIEDMAN: I know.
WHITFIELD: OK, you first, then, Avery.
HERMAN: No, no, no. I don't want to take it away from Richard.
WHITFIELD: OK, go, Richard!
(CROSSTALK)
FRIEDMAN: Richard, go ahead, go ahead. Go ahead.
HERMAN: Well, she said it's not hot because she didn't get paid any bucks for it, that's why.
WHITFIELD: That's right.
HERMAN: Not about her consent. She wanted to get paid for that. They took her image and that phrase, "That's hot," which she trademarked in 2007 and they made it into a cartoon. They said that doesn't apply to -- trademark laws don't apply. A court last year said, Yes, they do. You owe her. They made a confidential settlement, Fred, so nobody knows. But trust me, Hallmark paid some bucks --
WHITFIELD: Big bucks. All right.
HERMAN: -- to Miss Paris.
WHITFIELD: As if she needs any, Avery.
FRIEDMAN: Yes, something above zero, something less than $500,000, the best we know. And you know what? It was an interesting argument because Hallmark said this is sort of, you know, pop culture transformative language. And the court of appeals, Richard said it correctly, said, no, it was copyrighted. It is hers. And so the good news is that she can take whatever hundreds of thousand dollars and pay for some of her criminal defense lawyers in all the trouble that she's facing! So I don't think she's going to wind up netting anything out of it. In fact, even this week, she wound up in the middle of some kind of legal thing where her boyfriend --
WHITFIELD: Wow.
FRIEDMAN: -- ran over the foot of a photographer.
WHITFIELD: Whoo!
FRIEDMAN: So it never --
WHITFIELD: All right --
FRIEDMAN: -- ends.
WHITFIELD: Well, aside from all that --
FRIEDMAN: Never.
WHITFIELD: -- you've got to give it to her. She's, you know, quite a good business lady to have seen that, You know what? Hey, wait a minute. Hallmark, "That's hot," that's mine. And she wins!
(LAUGHTER)
FRIEDMAN: That's right.
WHITFIELD: All right, Avery, Richard, thanks so much. Good to see you guys. See you next weekend.
HERMAN: See you, Fred.
WHITFIELD: All right, let's talk about mid-term elections just 31 days away. Would you believe that people are already looking to 2012? We're checking the CNN "Political Ticker."
(COMMERCIAL BREAK)
WHITFIELD: All right, time to talk politics now. Rahm Emanuel, one of the president's most trusted aides, is leaving with the president's blessing. Our deputy political director, Paul Steinhauser, is at CNN Politics.com desk in Washington. So how might this resignation impact kind of the leadership or the motivation behind this White House?
PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Well, you know, Fred, it's not like this was a surprise, right? We knew this was coming.
WHITFIELD: Right.
STEINHAUSER: Yesterday was the formal announcement that Rahm is going back to Chicago. The guy who's replacing him, Pete Rouse, he is the deputy chief of staff right now, and he's going to be replacing him for at least a couple months. Robert Gibbs, the press secretary, said no new announcements on a permanent replacement for a while. Rouse is well known by a lot of people at the White House. In fact, he was Barack Obama's chief of staff when Barack Obama was in the Senate from 2005 until he was elected president.
But you've got to say, Rahm Emanuel is a force of nature. No doubt about it. So his departure -- you know, it will be hard shoes to fill, Fred.
WHITFIELD: OK. What about the tax cuts set to expire at the end of the year? They left Washington, the lawmakers did, without taking any action. Now what?
STEINHAUSER: Yes, they're gone. Everybody's gone from Congress. They're back on the campaign trail right now. Tax cuts, Fred, have really become a crucial issue in the mid-term elections. You know, it's something we weren't even really talking about back in June or July. But along with jobs, they have become the top issues in the mid-terms.
Republicans -- this morning on the Republican radio and Internet address, Mitch McConnell, the top Republican in the Senate, lambasting Democrats, saying that they're holding tax cuts hostage for everybody because of this. Democrats saying the opposite, Fred, Republicans are trying to get tax cuts for the wealthy, and Democrats say, Let's just get them for the middle class. It will be a top issue between now and November 2nd, Fred.
WHITFIELD: All right. Paul Steinhauser, thanks so much. Appreciate that.
All right, the word of the day, "hot." Not Paris Hilton, "That's hot," but now we're talking toys. We're only a few months away from the holiday season, and already, a list of the hottest toys is out, just in time for all that shopping and planning.
Josh Levs is ready to show us all the -- oh! Yes, you know what? I thought of this toy the other day. I almost got it and --
JOSH LEVS, CNN CORRESPONDENT: You saw this?
WHITFIELD: But for me.
(LAUGHTER)
LEVS: (INAUDIBLE) closest I'll ever get to being (INAUDIBLE)
WHITFIELD: I like it!
LEVS: (INAUDIBLE) jam. So cool!
(LAUGHTER)
LEVS: This is one of the hot new toys. (INAUDIBLE) Fred here at CNNMoney.com. I was joined earlier by a toy expert who told me what she thinks about the whole list. Take a look.
(BEGIN VIDEOTAPE)
KAREN KELLY, CHILDREN'S MUSEUM OF ATLANTA: I think they're interesting. They're a little hard to use for a little kid. But I think this is great soft terry cloth. And you can stick your hand in your mouth and they've got little baby teeth and they can bite you.
LEVS: So they actually do have teeth -- ow! They really do have teeth in there!
KELLY: They really do! They have teeth in there.
LEVS: OK, but (INAUDIBLE) some people think they're the cutest thing (INAUDIBLE)
KELLY: They are. They are.
LEVS: All right.
KELLY: And the colors are awesome.
LEVS: Now, this --
KELLY: And they're very polite.
LEVS: Everything --
KELLY: They say please and thank you.
LEVS: They do?
KELLY: Yes!
LEVS: Everything I've shown you so far is in the range of the 20s, $25, $13. This brings you up to $50.
KELLY: Wow!
LEVS: This is apparently just really -- oh, this won't stop. OK. This is -- now, Disney "Princess and Me," right?
KELLY: All right, this is --
(CROSSTALK)
KELLY: -- "Princess and Me." And of course, princesses are always popular with girls in the 4 and 5 and 6-year-old set. And it comes with a costume, so you can dress like your princess. And that gets that role play imagination.
LEVS: Right.
KELLY: (INAUDIBLE) Ariel fighting off the wicked sea witch.
LEVS: OK. Oh, Ursula. KELLY: -- -and saving the world. Ursula, right.
LEVS: I remember that from (INAUDIBLE)
KELLY: Exactly. So --
LEVS: Someone told me, apparently, she's, like, a princess, and then you cover her up and she's a mermaid again.
KELLY: A mermaid. Oh, cool! That's awesome!
LEVS: Now, your favorite might be my favorite here.
KELLY: Yes!
LEVS: This is Tonka Chuck Truck (ph).
KELLY: I love this!
LEVS: Check out Tonka Chuck Truck. Nothing can stop --
KELLY: Right.
LEVS: -- Tonka Chuck Truck. This is so cool. You turn him on here, and even if he falls off, dude keeps going! Look at this! He can go upside down, he can go when he's hanging off the bridge.
KELLY: Right.
LEVS: Now, what do you say about this? Is there a bad age group for this? Is there a good age group for this?
KELLY: I don't think there's a bad age group for this, except I want to take this home and I can have it and play with it!
(LAUGHTER)
KELLY: What I love about this, though, for kids is they're natural experimenters. So a kid's going to take this set and he's going to rearrange everything and see how Chuck works. And then he's going to do it another way. They're natural experimenters. And girls are going to love this toy just as much as boys. Girls really love playing with trucks. Hot Wheels was my favorite toy when I was a kid.
(END VIDEOTAPE)
LEVS: And it's all based on a list here from TimeToPlayMag.com. I also put it up at Facebook and Twitter. And I will tell you, Fred, we're having a field day with these toys today! I just -- and I'm getting used to being a parent and realizing you have to start looking early in the year if --
WHITFIELD: Oh, gosh, yes. Because if you wait, the stuff will be sold out.
LEVS: It'll be gone. WHITFIELD: It is very competitive making sure you get all the things off that little want list.
LEVS: And (INAUDIBLE) economy's (INAUDIBLE) so buying anything (ph), huh?
WHITFIELD: I know. Well, you know, it's not just the kids that have things on their want list, either. I know a lot of grownups who want that one right there!
LEVS: I know! They're all tweeting me right now, wanting to have it!
WHITFIELD: (INAUDIBLE) one of them!
(LAUGHTER)
WHITFIELD: All right, thanks, Josh. Appreciate it.
LEVS: You bet.
WHITFIELD: That's fun.
All right, Baby Boomers all grown up and ready to retire. But where? How about Central America?
(COMMERCIAL BREAK)
WHITFIELD: As millions of Baby Boomers reach their golden years, popular retirement locations include Florida and Arizona. But some are looking to more exotic places. Here's George Bauer.
(BEGIN VIDEOTAPE)
GEORGE BAUER, CNN CORRESPONDENT (voice-over): It's Panama, home of the famous canal connecting the Atlantic to the Pacific. There's a connection to the U.S. It owned the canal for more than seven decades. Some travel magazines call Panama the best place in the Americas to retire. Why? It's tiny, about the size of South Carolina, population 3 million, yet it's diverse, with volcanic mountains, rain forest, extensive coastlines, charming islands and a big city. English is used widely, but not everyone speaks it.
Panama wants and welcomes American retirees, and the Yanks are coming. But beware, traffic is very heavy, air pollution is a growing problem, and the U.S. State Department warns that petty crime is increasing in the capital. Panama offers enticements to retirees. Foreigners who purchase property have all the rights and all the protections of Panamanians. Newcomers get 50 percent off closing costs. They can bring household furnishings into the country tax- free. Panama's currency is the U.S. dollar. The government gives retirees 25 percent discounts on airline tickets, 25 percent off at restaurants and 50 percent of movie tickets.
Johns Hopkins University has first class medical facilities in the capital. A doctor's visit costs $50, a complete blood workup $36. And one last benefit, special express lines at the banks just for retirees.
But Panama is not for everyone. Its laidback lifestyle can be too slow for some. And because it's becoming so popular, Panama is becoming more pricey.
And there's this. Panama is just 9 degrees latitude north of the equator. That means it's mighty hot. And the rainy season can drag on from mid-April through December. It can rain every single day. But many retirees say the financial advantages far outweigh the heat and humidity.
George Bauer, CNN, Atlanta.
(END VIDEOTAPE)
WHITFIELD: So in other words, if moving there, pack an umbrella for the rain or for the sunshine.
I'll be back with more news an hour from now at 2:00 o'clock Eastern time. It is open enrollment time in a lot of companies across the country, and we'll get some money-saving tips to help you get the most from your flexible spending account options. And more candid moments from best-selling author Terry McMillan. You can hear more of our face-to-face conversation in the 2:00, 3:00 and 4:00 o'clock hours. Meantime, "YOUR $$$$$" starts right now.
