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Navy Investigating Bawdy Videos; Massive Fish and Birds Kills in Arkansas; Police Imposes "No Refusal" Roadblocks against Drunk Driving; Deputy Killed in Line of Duty in Ohio Shootout; NO Pardon for Billy the Kid

Aired January 02, 2011 - 22:00   ET

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

BRIANNA KEILAR, CNN ANCHOR: A wild shootout at an Ohio trailer park leaves one deputy dead and another, that man you see there, wounded. The sheriff says it's a terrible tragedy for the community. We'll hear his emotional words.

And police have a new tactic in the fight against drunk driving. It's called the "no refusal" checkpoint. Some say it's the best way to stop offenders, but others say it's over the top law enforcement.

Also a strange mystery in Arkansas. Thousands of birds literally falling dead from the sky. Scientists believe the deaths may be stress-related. What's that about? We'll tell you.

But first, a developing story that we've been following for you. You can call this the naval version of viewer discretion advice. Bawdy videos that were produced and shown to the USS Enterprise during a time of war in 2006 and 2007. The Navy, now investigating, after the videos ended up on the website of the "Virginian-Pilot" newspaper. Hosting them is Captain Owen Honors who now, by the way, commands the Enterprise. At the time, he was second in line. And our Pentagon correspondent Barbara Starr is following this for us.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: First, the Navy said the videos were not meant to offend, but now they are calling them inappropriate and trying to figure out how Honors got this promotion to command the Enterprise. What do they show? Some of the material uses cursing such as the "F" word. Have a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (EXPLETIVE DELETED) What are you talking about? (EXPLETIVE DELETED)

UNIDENTIFIED MALE: I just (EXPLETIVE DELETED) can't get that.

UNIDENTIFIED MALE: Keep the (EXPLETIVE DELETED) toilet paper in there.

UNIDENTIFIED MALE: See. You (EXPLETIVE DELETED) too, didn't you? (EXPLETIVE DELETED). Just (EXPLETIVE DELETED) with us.

UNIDENTIFIED MALE: (EXPLETIVE DELETED) you.

(END VIDEO CLIP)

STARR: This video shown to the U.S. Navy made by their commander. There are also anti-gay slurs, as you said, simulated sex acts, simulated medical exams. We're not showing any of that here, but there is also a scene with two women believed to be sailors in a shower. Watch.

(BEGIN VIDEO CLIP)

(END VIDEO CLIP)

STARR: Now Honors repeatedly says on the video that the bosses, you know, the commander at the time and an admiral, who was on board the ship, didn't know anything about any of this.

You know, I think that's what the investigation is really going to focus on. How could other senior officers have not known what was the environment on board this aircraft carrier that made anybody think this was OK. The Enterprise is now scheduled under his command to deploy in less than two weeks. It is worth noting these videos were made when the carrier was in the Middle East supporting the soldiers and marines who are fighting and dying.

KEILAR: Thanks to Barbara Starr, our Pentagon correspondent. And as she mentioned, the Navy spokesman has called the videos inappropriate. CNN reached out to Honors for comment. So far, though, he has not responded.

It's been a long time coming for 9/11's first responders. They can now though get federal coverage for health problems that they trace back to their time working at ground zero. President Obama signed the bill while on vacation in Hawaii. There was no official signing ceremony, but the White House did release this photo here.

Congress pushed the bill through last month in that lame duck session. It creates a $4 billion program for first responders who say that they got sick while working in the rubble at ground zero. New York Senator Kirsten Gillibrand helped bring this bill back from the dead before Congress went to recess.

(BEGIN VIDEO CLIP)

SEN. KIRSTEN GILLIBRAND (D), NEW YORK: This is something that's important to the American people, and that's why fundamentally this is a triumph of our democracy, of the American people demanding a response for these first responders and for the families that live at ground zero, the victims who also inhaled these toxins for weeks and months and a lot of the children are now suffering from asthma and other grave health effects.

(END VIDEO CLIP)

KEILAR: The full name of the bill is actually the James Zadroga 9/11 Health and Compensation Act. Zadroga was a New York City police detective. He died from a respiratory illness in 2006 when he was just 34. He's often cited as the first NYPD officer to die from exposure to toxic chemicals at the ground zero site. Zadroga was not a smoker. He did not have any known history of asthma and his family says he spent 450 hours working at ground zero after the attacks.

In West Central Ohio, the man who killed a sheriff's deputy on New Year's Day has been identified now, 57-year-old Michael Ferryman. He was found dead inside of a mobile home after an intense gun battle with police. Officer Jeremy Blum was wounded in the standoff. He's now in fair condition.

I should warn you. The video of Officer Blum being wounded is graphic.

(BEGIN VIDEO CLIP)

(SHOOTOUT)

(END VIDEO CLIP)

KEILAR: The shooting started after Deputy Suzanne Hopper was killed by Ferryman while she was investigating reports of gunfire in the trailer park. Police say Ferryman killed Hopper with a single shotgun blast before she had time to even draw her weapon. Hopper was 40 years old, a veteran of the Clark County sheriff's department. She was married and had two children. Funeral arrangements are pending.

And still ahead, Sheriff Gene Kelly's emotional description of this event which he calls the worst day of his 24 years as sheriff.

Chileans are assessing the impact of a 7.1 earthquake. It struck about seven hours ago near the town of Temuco. People could feel it all the way in the capital Santiago about 400 miles away, but except for cutting some power and phone lines, damage does appear to be minimal at this point, and no tsunami warning was issued. You may recall an 8.8 quake hit near the city of Concepcion last February killing hundreds of people and causing widespread damage.

You know, it's not an Alfred Hitchcock movie, but a couple of real- life mysteries playing out in Arkansas. Tonight, we got word that some 100,000 dead fish have washed up on the shores of the Arkansas River. And then about 125 miles away, people in the town of Beebe, Arkansas are dealing with this here, a real life horror story. Up to 5,000 blackbirds, they just fell out of sky, and this happened just before midnight on New Year's Eve.

(BEGIN VIDEO CLIP)

MILTON MCCULLAR, SUPERVISOR, BEEBE STREET DEPT.: Thought the mayor was messing with me when he called me. He got me up at 4:00 in the morning, told me we had birds falling out of the sky.

(END VIDEO CLIP)

KEILAR: Very bizarre. And tomorrow the Arkansas Game and Fish Commission will begin testing to try to determine why so many birds and fish died. After the break, we're going to talk to the agency spokesman to find out what the heck is going on there in Arkansas. (COMMERCIAL BREAK)

KEILAR: Now back to those massive fish and bird kills in Arkansas. Up to 5,000 blackbirds just fell from the sky in the town of Beebe. This happened just before midnight on New Year's Eve. And then tonight, we're learning that some 100,000 fish have washed up on the shores of the Arkansas River, which is about 125 miles from where the birds fell. And joining us now by phone from Little Rock is Keith Stephens. He is the spokesman for the Arkansas Game and Fish Commission.

Keith, Jacqui Jeras is also here with us.

What is going on here? These are two very unusual circumstances.

KEITH STEPHENS, SPOKESMAN, ARKANSAS GAME AND FISH COMMISSION (via telephone): Pretty strange things going on here in Arkansas. Unusual events that we don't often see. We do have fish die-offs from time to time. Obviously, this is a pretty large one. So, it's got our attention. The birds, that's really unusual. We've had birds that have fallen out of sky before but not in this number.

JACQUI JERAS, AMS METEOROLOGIST: Yes, we've heard of birds falling out of the sky, you know, due to storms and thunderstorms and things like that. What do you think happened?

STEPHENS: Well, we think that there's a possibility that maybe some New Year's Eve revelers in the area where the birds were roosting may have shot some fireworks off and stressed the birds to the point where they actually died.

KEILAR: We're talking now -- in the break you were -- you think it might have literally been that they had heart attacks because they were so -- sort of there was such a fright for them.

STEPHENS: It's possible. We're going to send the birds off to two testing facilities where they will do necropsies on them. And we'll find out exactly what happened, but there's -- it's really pointing to that right now. It obviously could be a weather event, but we're kind of leaning the other way.

JERAS: Yes, and this is, I mean, 5,000 birds. That's a lot of birds and they were scattered across a pretty large area as well. Can you give us a few more details. People woke up and the birds were in their yards.

STEPHENS: That's right. It happened just before midnight. One of our wildlife officers was actually on the scene. By the time he got there, there were still birds that were falling. It's a rural area of Arkansas and there's a lot of blackbirds that tend to migrate around the agricultural fields in the state, and they were roosting in an area where they typically roost. And there were some people in the subdivision that were shooting fireworks off in celebration of New Year's and may have caused this. We just don't know this at this point. KEILAR: And, Keith, back to the fish, I mean, what are the different things. You said that this is an entirely -- it happens from time to time although this is a big one. What are the different reasons for a fish kill like this?

STEPHENS: Most of the time when we do have fish kills, it's low oxygen levels. The fish can't breathe or the water is too warm for our trout, but they are usually really small. Sometimes we do have diseases that will kill fish, but they are usually very small. This was a pretty wide area, about 20 miles of the Arkansas River, but it was only one species of fish. So we feel like that we'll narrow it down to some kind of a disease.

KEILAR: What are people in Arkansas saying there, Keith? I mean, this is kind of weird. Two pretty strange things in two days.

STEPHENS: Well, we're just waiting on the locusts, I guess that's coming next. It's just really strange to have those so close together, you know. I hope that it's not a sign of anything, but, you know, you never know.

KEILAR: Yes -- well, yes, just waiting for the locusts. At least you have a sense of humor about it. Keith Stephens with the...

JERAS: We want to find out for sure what caused this.

KEILAR: Certainly. We'll be following up with this. Keith Stephens with the Arkansas Game and Fish Commission. Thank you very much.

Now picture this. You get stopped at a DUI checkpoint, and instead of taking a breathalyzer you refuse. All right. That's your choice. But in some states, get ready to have your blood drawn, because a fair enforcement of the law, is it, that's what some people are calling this policy, or is it an overreach of police power? We'll be discussing that.

And a picture that's worth a thousand words. Maybe one that will spark criticism in Washington this week perhaps. Secretary of State Hillary Clinton, Venezuelan President Hugo Chavez getting friendly in Brazil.

(COMMERCIAL BREAK)

KEILAR: With all of the holiday drinking right now, you've probably seen some police roadblocks out there, and if you get stopped or suspected DUI, good luck trying to refuse the breathalyzer. Nine states now use "no refusal" checkpoints.

What does that mean? Well, police can immediately get a judge's order to draw blood if you say no to the breathalyzer. This is a pretty big deal because one in four, that's right, one in four DUI suspects refuse to blow into that plastic tube.

New Hampshire significantly higher, 81% will not voluntarily take the test. Now, you may not be surprised. "No refusal" is pretty controversial. Groups like Mothers against Drunk Driving say it's necessary to save lives but civil libertarians say that this is an overreach of police power.

And joining me now, Warren Diepraam. He is the assistant district attorney in Houston. He's a strong proponent of the "no refusal" program. And with me here in Atlanta is criminal defense attorney B.J. Bernstein.

And first, we're going to start with Warren in Houston. But, you know, explain, Warren, how this works. How can a cop at a traffic stop immediately get a judge's order for a blood test?

WARREN DIEPRAAM, ASST. DIST. ATTY., MONTGOMERY CO., TEXAS: Well, it's through the use of the internet and technology. We're not doing it out on the streets. They are actually taken to a centralized facility, a police department or some sort of a fire station or someplace where all the tools are in place to get that search warrant reviewed and signed by a judge and to get that blood taken as soon as the search warrant is signed.

KEILAR: So you're saying it's not done right out there. There's no judge necessarily right there or there is?

DIEPRAAM: No. There is -- there is no judge on the street. We do have Bat mobiles or portable breath alcohol testing mobile units that we use with the Montgomery County Sheriff's Office or the Houston Police Department. Every now and then, we have nurses and judges available there. That we take people to a centralized facility where it's sterilized. The judges are separated from the defendants and from the suspects and the police.

So it pretty -- it's a pretty extensive operation. But all it takes is an arrest, quick five-minute transport to the closest police station and we can get a search warrant drafted and reviewed and signed, and under five minutes.

KEILAR: But I think the point, B.J., that you would make is this is an orchestrated situation where the judge is standing by, ready to make a ruling, and you have some major concerns about this and you feel like this is an overreach.

B.J. BERNSTEIN, CRIMINAL DEFENSE ATTORNEY: Absolutely. There is an overreach in terms of what Warren just said, where he said here's the person driving up to a roadblock which normally we're all used to and we've accepted and we give a driver's license. It's an opportunity for an officer to look at our eyes, listen to our speech, see signs of intoxication to see whether then a breathalyzer should be administered.

Rather here he just said it. He arrests someone and takes them to a judge for simply saying no when laws historically have been that the right to drive -- we don't have a right to drive in this country, but when you refuse, it does an effect on your license. You lose your license in some states, either one to two years for refusing. But that's very different than saying, you know, I'm OK with my blood being taken.

KEILAR: But some might say, you know, if you're refusing, even if there is a consequence for refusing, a person might be refusing to do the breathalyzer because they're hoping to give themselves a little time for their blood alcohol level to go down. I mean, isn't refusing in a way something that should be punished? Isn't it in a way an admission of oh, no, I know that I may be going over the limit here?

BERNSTEIN: Well, it is punishing in terms of taking your driver's license through civil things. But regardless -- I mean, we're talking about a criminal case. The constitutional rules apply and, yes, there's been U.S. Supreme Court precedent to allow a blood test to be taken, but that's based on probable cause. And I would argue that it's a slippery slope for a misdemeanor offense that probable cause is just because you don't choose to take a government test that is not required by law.

KEILAR: And Warren, how is this better, do you think, how is this better than the current -- I mean, obviously, this is going on in jurisdictions in several states, but how is this better than those jurisdictions that are not using the no refusal plan?

DIEPRAAM: Well, there are people watching the program tonight that are alive because of this program. In my jurisdiction of about 500,000 people, our DWI fatality rates have dropped off close to 20 percent. We've gone almost two years during the program's operational hours without an alcohol-related fatality where an innocent victim was killed.

You cannot argue with the fact that it saves lives, and I'm glad to hear that some defense attorneys acknowledge that it is constitutional. We don't even have to get search warrants to get blood in DWI cases but we do. We give extra due process to our suspects. It is not like we're pulling people off the street. They do field sobriety tests. They fail field sobriety tests. They're given an opportunity to comply with the law and give a breath test. It's only after that we get involved and present a search warrant to a neutral and attached magistrate.

In addition to saving lives, we've reduced our number of DWIs significantly, close to 30 percent. Our crashes, everything. Our conviction rate is close to 100 percent with this.

And lastly, the benefit of the program is we also save a sample for defense attorneys. So if they want to get independent testing with the blood, we do that as well. So there's no downside to this program. It saves lives. It reduces costs. It puts more police officers on the street, and it can be done almost instantaneously in most states without legislative involvement or approval.

KEILAR: And let me ask you this, B.J., as a criminal defense attorney. This is not going to be -- just quickly, this is not going to be the last that we see of this. I imagine this discussion is going to continue in court.

BERNSTEIN: It's going to be in the court because he's saying something that he does in his jurisdiction that other jurisdictions are not doing. They're having judges on the side of the roads. They are not necessarily doing these pre-testing or field sobriety tests. They're just saying refusal. Hi, Judge, he refused, get him arrested and that's going to create some problems.

KEILAR: And take a blood sample.

BERNSTEIN: And take a blood sample.

KEILAR: Yes. I expected this conversation will continue in a court of law. B.J. Bernstein, criminal defense attorney with us here in Atlanta, and Warren Diepraam, assistant district attorney in Houston. Thank you both for being with us.

(BEGIN VIDEO CLIP)

(SHOOTOUT)

(END VIDEO CLIP)

KEILAR: A shootout at an Ohio trailer park. One deputy killed and another injured. The sheriff's emotional words as he talks about the fallen, ahead.

And a developing story from Iran. That country claiming to have shot down two drone spy planes from the West.

(COMMERCIAL BREAK)

KEILAR: Checking some of our top stories now. Signs of a thaw in the frigid relations between the U.S. and Venezuela. Secretary of State Hillary Clinton shook hands with Venezuelan President Hugo Chavez in Brazil this weekend. They were both attending the inauguration of Brazil's new president. Venezuelan television said the two discussed specific issues in a brief and formal conversation. No word though on what those issues were.

A U.S. military official says he's not aware of any missing spy planes. The statement comes after Iran claimed today to have shot down two Western drones over the Persian Gulf. Iranian media report a Revolutionary Guard official accused Western powers of sending the planes to take pictures. He also said Iran has built duplicates from Western spy planes that have been shot down previously.

Universal Studios is looking for the cause of a fire that forced officials to evacuate an area of an Orlando theme park yesterday. The fire led to the indefinite closure of a water flume ride. Some guests there, they complained about smoke. No one though sought medical assistance and that ride, as I mentioned, has closed indefinitely.

Devastating flooding in Australia has claimed at least one life -- a woman whose body was found after her car was overrun by floodwaters. The Australian government says rising waters will likely force the evacuation of more than 1,000 people. The flooding has had a direct impact on nearly a quarter million people.

And it's back home and back to work for many after a holiday break. And for some, it is going to be a pretty soggy Monday.

Jacqui Jeras, what's going on? It's the West Coast, Brianna. Let me tell you. It's just been storm after storm after storm.

KEILAR: No respite.

JERAS: None. And you know, the storm the we've been dealing with this weekend, unfortunately, is a lingerer, and it's going to stick around.

(WEATHER REPORT)

KEILAR: Yes. Certainly melted in Washington, D.C., and I could use ten more degrees. That would be great.

JERAS: A few more?

KEILAR: Yes.

JERAS: I'll see what I can do.

KEILAR: Thirties, too much for me, too much for my California blood. Thank you, Jacqui, very much.

JERAS: All right.

KEILAR: Now still ahead, with a new Congress in session this week Republicans taken over the House, what effect is this going to have on bipartisanship in Washington? We'll hear from our deputy political director Paul Steinhauser when we come back.

And it was an adoption and reunion for two young children in Tennessee. We'll be hearing from their new parents coming up.

(COMMERCIAL BREAK)

KEILAR: Some of today's political headlines. Michael Steele will go head-to-head with the five candidates trying to take his job as leader of the Republican National Committee. The GOP chairman has agreed to take part in a debate tomorrow. Steele hoping to win a second term leading the RNC. His tenure has been plagued by controversy, even as he led Republicans to historic gains in the 2010 midterm elections.

And the head of the Democratic National Committee says it's unlikely there will be any Democratic primary opposition for President Obama in 2012. DNC Chairman Tim Kaine made that prediction today on CNN's "STATE OF THE UNION." Kaine also said he expects to continue as party chairman for another two-year term.

South Carolina Republican Senator Lindsey Graham says he thinks Mitt Romney is the leading GOP presidential candidate for 2012. In an interview today, Graham said the frontrunner has to be the most electable conservative and right now that's Romney. Romney lost the 2008 presidential nomination to Arizona Senator John McCain. He has yet to make an official announcement about his 2012 plans.

Congress is back, returning for a new session on Wednesday. And before recess, you'll recall, they passed a flurry of bills. There were tax cuts, a new nuclear treaty with Russia, also a repeal of Don't Ask, Don't Tell. It couldn't have happened without bipartisanship, but will that spirit continue when the GOP takes over the House?

Let's bring in CNN's deputy political director Paul Steinhauser now.

So, Paul, is there any chance that these lawmakers are going to get along in the new session as we saw them getting along in the lame duck?

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: There's a chance but I think the odds are not as good. I think the odds are that the holiday spirit that saw so much accomplished in December may not linger into this new year and here's why. You just mentioned.

The 111th Congress that did all those things in the lame duck? Well, that's gone now, Brianna, as we both know. And the 112th Congress gets sworn in, as you said, on Wednesday, and it's a very different Congress. Of course, Republicans, thanks to big victories in the midterm elections, will have a very large majority in the House. They're going to run the House for the first time in four years.

And in the Senate, they're going to have a larger and stronger minority. It's going to make, you know, going to make compromising with the president a little tougher maybe because a lot of these people, a lot of these new Republican lawmakers were elected, thanks to a lot of support from tea party activists and other conservatives who really don't want to see much compromise with the president, with Democrats in Congress.

The other thing. You mentioned those big issues in the lame duck session. Well, there was a lot of support on both sides of the aisle. Both Democrats and Republicans in Congress and across the country for those things, like the tax cuts, repealing Don't Ask, Don't Tell and that weapons treaty with Russia.

It's a different story with the big issues they're going to have to tackle lawmakers and the White House in the next couple of months. A budget. Remember, the lame duck only kept the lights on in Congress through early March with the government actually. So they have to do a new budget.

The deficit and also the debt ceiling for the country and Republicans are going to try to repeal health care. There's not a lot of common ground, it seems, between Democrats and Republicans on these issues that are now in front of them.

So, my question is to you now because, Brianna, your day job, you're here in Washington covering Congress. Where do you think House Republicans are going to start first?

KEILAR: Yes. You know, this first vote, this is the opportunity for Republicans in the House to really make a statement. What is the first thing that they are going to put on the floor? And the answer, Paul, is that it's still a bit of a secret. We know generally what it could be.

On the one hand, you mentioned health care reform. They say they are going to make good on a campaign promise to repeal it. Republicans hit hard on this on the Sunday shows today, but sources are saying that while Republicans, you know, they're definitely going to take it up here in the next month before the State of the Union. They are not necessarily saying at this point it's going to be the first vote.

The thing, as you know, Democrats still control the Senate. You just said that. They control the White House. This would obviously then be a symbolic vote, a total repeal of health care because House Republicans are then going to go on to try to dismantle health care in some more incremental ways.

You know, it seems possible though that the first vote, if not one, you know, could just be one of their first votes. So that it's going to be about spending cuts, the economy, jobs. This is what Republicans are really taking away from the election, that Americans want their government to handle the economy better. The government spending is a big concern. And, of course, as you mentioned, Paul, Republicans and Democrats, they have very different opinions about how you're going to be dealing with those issues. So, we're certainly going to see some friction there.

But, you know, let's talk about California because you got Governor Arnold Schwarzenegger. He's leaving office tomorrow. Are Californians looking here to turn back the clock? Former Governor Jerry Brown is going to be assuming the office again here.

STEINHAUSER: Yes, it's almost like back to the future in California. You're seeing pictures there for Arnold Schwarzenegger. He came in seven years ago. An action hero, a Hollywood star. He wanted to tackle the budget in California. It's not that easy and he leaves with his state, the most populous state in the nation, facing even tougher, tougher budget problems. A lot of big deficits.

And as you mentioned, yes, the new guy, it's back to the future and it's Jerry Brown, the two-term governor from the mid-1970s into the early 1980s. Won election to his old job in November beating Meg Whitman, the Republican, and he's got a tough task in front of him because the state probably faces a lot more when it comes to budget cuts and service cuts. It's not easy out there, and he'll have his hands full, no doubt about it -- Brianna.

KEILAR: No politics is a tough game. No doubt. Paul Steinhauser for us in Washington. Thanks for that.

STEINHAUSER: Thank you.

KEILAR: Now coming up, a deadly shootout in Ohio caught on tape.

(BEGIN VIDEO CLIP)

(SHOOTOUT)

(END VIDEO CLIP) KEILAR: That officer that you just saw shot there, he is expected to be OK, but sadly there was another who was killed. We're going to tell you exactly what happened there.

Plus, the Navy now investigating some raunchy videos that were shown to the crew of a whole U.S. aircraft carrier. Why they feature the current captain of the ship.

(COMMERCIAL BREAK)

KEILAR: Funeral arrangements are pending for an Ohio sheriff's deputy killed in the line of duty New Year's Day. 40-year-old Deputy Suzanne Hopper was at a trailer park in Enon, Ohio to investigate reports of gunfire. Her life ended a moment later with a shotgun blast from one of the trailers. What happened next was violent and disturbing. In fact, you may not want to watch this. Another officer was wounded in the ensuing shootout, but he is expected to survive. The voice that you'll hear is Clark County Sheriff Gene Kelly.

(BEGIN VIDEOTAPE)

SHERIFF GENE KELLY, CLARK COUNTY, OHIO: The suspect inside opened fire. And struck a German township police officer.

UNIDENTIFIED MALE: Get over here and get over here now.

KELLY: He's currently in Miami Valley, and it appears to me right now that he's in serious condition, but they tell me that he's believed to be -- he would be OK.

It appears that the door of the trailer opened and the person inside fired one shotgun blast, striking the deputy and fatally wounding a deputy. He did enter the trailer. The suspect was deceased apparently from the exchange of gunfire with deputies. Our deputy never had the opportunity to return fire or take cover. The deputy was an outstanding deputy and is married and a parent of two children. This is the worst day in my 24 years as a sheriff of Clark County.

(END VIDEO CLIP)

KEILAR: Now, as we said, the officer who was wounded in that gun battle is expected to survive. The dead suspect has been identified as 57-year-old Michael Ferryman.

Let's check some of our top stories now. President Obama took time from his Hawaiian vacation today to sign the bill granting federal health coverage to 9/11 first responders. This is a law that creates a $4 billion program for first responders who say they were exposed to toxic chemicals at ground zero. It was a long battle but Congress pushed it through in a lame duck session last month.

The Navy is investigating some pretty bawdy videos that were produced and shown to the crew of the USS Enterprise in 2006 and 2007. The "Virginian-Pilot" newspaper first published clips from them. They feature Captain Owen Honors, who is now the commander of the Enterprise. It's supposed to be funny skits about the ship's rules and regulations, but they feature anti-gay remarks as well as simulated sex acts and lots of profanity.

New video now of the terrifying moments after Saturday's bombing at an Egyptian church. Today, services were held under the watchful eye of security forces in Alexandria. Twenty-one people killed there in the blast which occurred after midnight mass. Saturday's bombing has prompted angry street protests and Egypt's president has vowed to find the perpetrators of the attack.

And this just in. CNN has confirmed actress Zsa Zsa Gabor is being prepped for surgery tonight to have part of her leg amputated. Her publicist says doctors found cancerous lesions on her leg today and they decided that she needed to return to Ronald Reagan UCLA Medical Center for surgery. The 93-year-old has been in and out of hospital several times since she broke her hip in July.

CNN will be closely following developments on Wall Street this week. We'll be seeing if the market can keep the rally going into the new year, but we begin our look at the week ahead at the White House, where President Obama returns to a full agenda after his holiday vacation.

ED HENRY, CNN SENIOR WHITE HOUSE CORRESPONDENT: I'm Ed Henry in Washington, and the president doesn't return to this city from Hawaii until Tuesday after an extended vacation. Then, he's likely to move on to making some big staff changes at the White House, starting with picking a successor to chief economic adviser Larry Summers, one of the most important positions in the administration as the president vows to spend the next two years focused on jobs.

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: I'm Paul Steinhauser at the CNN political desk. It's back to the future in California tomorrow as former Governor Jerry Brown is sworn in as the state's new governor. Minnesota, Nevada and Wisconsin also inaugurate their new governors. Michael Steele faces off tomorrow in a debate against the five candidates challenging him for his job. The often outspoken chairman of the Republican National Committee is up for re-election later this month. And Wednesday, the 112th Congress gets sworn in. Republicans will control the House and have a larger minority in the Senate.

POPPY HARLOW, CNNMONEY.COM: I'm Poppy Harlow in New York. Ahead in this first trading week of 2011, we'll get December sales results from individual retailers. All signs pointing to pretty solid gains, thanks to holiday shopping. And the most critical number of the week comes on Friday with the December jobs report. Analysts expect a gain of about 110,000 jobs for the month, but the unemployment rate is expected to remain stubbornly high at 9.8 percent. That said, we'll see if the market can post some gains as we kick off the new year. We'll track all the week's news for you on CNNMoney.

KEILAR: Now let's bring in CNN international desk editor Azadeh Ansari about the events that are coming up overseas and we start in Indonesia.

AZADEH ANSARI, CNN INTERNATIONAL DESK EDITOR: That's right, Brianna. So if you think driving in traffic in New York City and LA is bad, you do not want to be a driver in Jakarta, Indonesia. Take a look at these pictures that we have.

You have these cars that are bumper to bumper and it's a real, real problem. And these roads are so congested -- take a look at this, this is crazy, that the city itself has imposed a tax, a progressive tax on all privately owned motor vehicles, and it's 1.5 percent tax that they're going to implement starting on Monday and that tax is going to increase for each additional vehicle a person owns, so.

KEILAR: Maybe in Washington, D.C., I don't know. OK. It's an interesting idea.

Also, there's a new oil pipeline in operation. Where is this?

ANSARI: Well, this is going to -- it's the first oil pipeline that's connecting Russia to China. Now, it started producing oil today for the first time. And if you can envision this, it's about 621 miles which is roughly the distance between Atlanta to Boca Raton, OK.

KEILAR: Oh, wow.

ANSARI: And it's expected to produce 15 million tons of crude oil.

KEILAR: That is quite a lot.

ANSARI: Yes.

KEILAR: And then this story is interesting. We've been talking about this. Brazil has inaugurated its first female president.

ANSARI: They have. And you know what's even more interesting? Is who was in attendance at her inauguration which took place on New Year's Day and the interaction that took place between Secretary of State Hillary Clinton...

KEILAR: That's right.

ANSARI: ...and President of Venezuela Hugo Chavez. So they exchanged handshakes and made chat a little bit. So whether or not this will help in easing the tensions between the two countries, which have been strained for a while, we'll wait and see.

KEILAR: And Azadeh, this is something that is going to be discussed here in the coming week. What does this mean? When a photo like this is taken -- this is not just a photo, this is a -- this is a big deal.

ANSARI: It's a huge deal. So, again, another story we're following into next week.

KEILAR: Now coming up, what a difference two minutes can make. When we come back, we'll meet a set of twins born in two different years.

Plus, a long-awaited adoption finally goes through and it ends up being a reunion for the children involved. We'll explain when we come back.

(COMMERCIAL BREAK) KEILAR: Time to go cross-country now with a look at some stories that our affiliates covered today.

In Raleigh, North Carolina, twins born just a couple of minutes apart but in different years. Christie Austin (ph) gave birth to a baby boy Ashton at 11:58 p.m., just as 2010 drew to a close. Then his twin sister Alisha followed two minutes later right at midnight as 2011 began.

And in San Diego, a new take on graffiti. An artist there has set up a workshop where he's teaching the finer points of the art form. The class is attracting all sorts of people from working professionals to students.

And in Brooklyn, New York, a frigid way to start the new year. Oh, brrr. Members of the Coney Island Polar Bear Club took the plunge into icy waters to usher in 2011. Something the club does every year.

Well, it's been a new year's like no other for a couple in Tennessee. Derek and Kathleen Hunter welcome home two adopted children from Russia after waiting a lot longer than they ever anticipated. Russia put all U.S. adoptions on hold last April after an American woman who adopted a Russian boy sent the child back to his orphanage with a note saying that she no longer wanted him. The Hunters couldn't hide their emotions when their 1-year-old daughter and 2-year-old son finally arrived in Nashville.

(BEGIN VIDEO CLIP)

KATHLEEN HUNTER, ADOPTIVE MOM: With all the hurdles and everything, God was with it the whole step of the way.

DEREK HUNTER, ADOPTIVE DAD: To have kids that are just needing somebody to love them and parents that just want to love kids and bring them together, it's perfect.

(END VIDEO CLIP)

KEILAR: It was also a reunion for the children because though they are siblings they were in separate orphanages.

The decision has been made. No pardon for Billy the Kid, but when we come back, we'll hear from a man who says the famous outlaw really did get a raw deal.

And then taking the fight against plastic bags to a whole new level. We'll tell you which country has now banned them. That's next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(SCENE FROM "YOUNG GUNS II)

(END VIDEO CLIP)

KEILAR: You remember that 80's flick? Actor Emilio Estevez is none other than Billy the Kid in "Young Guns II."

Well, the world-famous outlaw is back in the news because of something that did not happen. New Mexico Governor Bill Richardson, on his last day in office on Friday, declined to grant Billy the Kid a posthumous pardon. Apparently, it was a promise once made to Billy but never honored.

One of the world's foremost authorities on Billy the Kid is Bob Boze Bell and I asked him why anyone should even care about someone who died so long ago.

(BEGIN VIDEO CLIP)

BOB BOZE BELL, AUTHOR, "ILLUSTRATED LIFE & TIMES OF BILLY THE KID": It matters because as Americans we always want to right a wrong or we want to get resolution. And in the case of Billy the Kid, he is arguably one of the most famous people that came out of our territory. There's over 1,000 books written on him, 40 movies. So, his legend has some clout. And I think the governor was very smart to address this and get us talking about it.

KEILAR: So you are intimately familiar with all of the details of how this played out. You told me in the break that you've been Kid-crazy now for going on 40 years. What do you think? Should he have been pardoned or not?

BELL: Well, you know, I can look at it from a couple different ways. One is, if you look at it rationally, like the governor just spoke there, your rational mind has to go no way, you cannot pardon someone who in our parlance is a cop killer.

But if I look at it from my heart, I go, you know what, maybe we could see a way to pardon him and forgive and he really did get a raw deal, if you really look at the facts.

And then the third way to look at it is from my wallet...

KEILAR: You say he got a raw deal because he struck -- he struck a bargain with the governor and then what happened?

BELL: Well, he struck a deal with the governor that he would testify and get a pardon, but I think the raw deal part of it is that he was involved in the Lincoln County war, and this was really a brutal war in which hundreds probably were killed on both sides, and the Kid was operating sometimes as a deputy, deputized and serving warrants and the other side was doing the same.

A lot of people think that there was not enough law in the West. In this case, there was actually too much law, and so -- but the raw deal is that Billy the Kid was the only one who was tried and prosecuted for killing someone in the Lincoln County war, and other people did just as bad and they ended up to be solid citizens and powerful politicians. And as the Kid himself put it, he said "Think it hard that I am the only one to suffer the full measure of the law," end of quote. And I think he's right.

KEILAR: You said and I interrupted you, you said there's another way to look at this, about whether he should have been pardoned.

BELL: Well, yes, you have the three ways, and the third way is my wallet, which is I'm going to make a lot of money on all this attention from the sale of books. And so when I look at it that way, I go absolutely, pardon the guy.

KEILAR: Very interesting. OK. Let me ask you this. I mean, everyone knows about Billy the Kid. As you said, there are all of these books, all of these movies. He's been so romanticized over time.

BELL: Yes.

KEILAR: Should he be -- should he be held up as this folk hero? This is a guy who murdered a lot of people.

BELL: Well, yes, but it's complicated. And here's basically the rub as I see it because you have these two contradictory facts, OK. He's a cold-blooded killer. He's the all-American boy. He was resourceful, brave. Everyone agreed he was a great dancer, OK. Well, you put those two together and they don't go together, OK? You can't. They are contradiction. And that's what any good legend needs. You need to have this unresolvable fact and that's why we're still talking about him 130 years later.

(END VIDEO CLIP)

KEILAR: Every weekend we like to bring you a few interesting news items that you may have missed during the week. First off, the woman, who was the model for the famous wartime Rosie the Riveter poster, has died. Eighty-year-old Geraldine Doyle passed away at a hospice in Michigan. Doyle was working in a plant near Ann Arbor in 1942 when a photographer snapped her picture, well documenting how women were contributing to the war effort. The poster grew even more popular in the 1980s when it was adopted by the feminist movement as a symbol of women's empowerment.

And a nation known for its food is changing how folks get that food home from the market. This is all in the name of protecting the environment. As of yesterday, shopkeepers in Italy are banned from using plastic bags. They can keep using them, of course, until their existing supply runs out and then that is going to be it. Italy is not alone, actually. France, China and several cities around the world, many here in the U.S., have already instituted such bans.

I'm Brianna Keilar at the CNN world headquarters in Atlanta. I hope that you're having a wonderful start to your new year and that you have a good week ahead.