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Giffords Recovery Continues in Houston; Former Lawmaker Helping Duvalier in Haiti; Elizabeth Olsen at Sundance Film Festival; FBI's Mafia Crackdown; Accused Shooter Jared Loughner Indicted

Aired January 22, 2011 - 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've got lots straight ahead, Randi -- we talked a little bit about that earlier -- beginning with the recovery efforts for that wounded congresswoman.

Two weeks after she was wounded by a would-be assassin, U.S. Representative Gabrielle Giffords is starting the next phase of her recovery. She's at a Houston hospital after being transferred from Tucson, Arizona, yesterday.

CNN's senior medical correspondent Elizabeth Cohen joins me now from Houston with the start of a long road ahead -- Elizabeth.

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: Fred, the news here out of Houston is really terrific. Her doctors say she got through the transport from Arizona to here very well. And they say she's recovering quite nicely. I'm going to let her own doctors say it, this is neurosurgeon Dr. Dong Kim from the University of Texas.

(BEGIN VIDEO CLIP)

DR. DONG KIM: DIR., MISCHER NEUROSCIENCE INSTITUTE: She looks spectacular and always. From a neurological point of view, first, she came into the ICU and she was alert, awake, calm, she looked comfortable. I think we were already feeling some interaction, which is important. She's got very good movement on the left side of her body.

(END VIDEO CLIP)

COHEN: No, Fred, you heard Dr. Kim say that she is still in the ICU, in the Intensive Care Unit. The reason for that is she has a drain coming out of her head because she's got an accumulation of fluid around her brain and they want to make sure that that fluid goes down. And when you have a drain like that, you have to be in the ICU. This is not an unusual situation for someone who's had the kind of injury that she's had -- Fred.

WHITFIELD: And so, Elizabeth, are doctors or specialists there in any way saying kind of a timeline, some of the steps, some of the things that she will be going through at least in the short term?

COHEN: Right. They told us that usually it takes somewhere between four to six months to recover from something like this, to go fully through rehabilitation. Now they say that it might be a little less, a little more. They say it's very, very difficult to predict -- Fred.

WHITFIELD: All right, Elizabeth Cohen, thanks so much in Houston.

All right, meantime, the man accused of shooting Giffords and 18 other people is scheduled to make another court appearance on Monday in Phoenix. A federal grand jury indicted Jared Lee Loughner on three charges earlier this week. And later in this hour our legal advisor will talk about other possible charges.

And on to California now where authorities are taking seriously a threat against Governor Jerry Brown after what happened in Tucson. Jerry Brown hasn't even been in office for a month, but someone reported seeing some pretty disturbing graffiti. Just take a look. The first message, "We gonna kill Gov. Brown" and then there's a date, February 14. We are told that it was found on a wall in one residential neighborhood. And someone also found a second message in another neighborhood. This one includes a countdown saying, "26 more days 4 Brown."

Well, police are investigating and we are told city crews painted over the graffiti. Taking those threats very seriously.

Police across the country are looking for a woman suspected of kidnapping a baby now from a New York hospital 23 years ago. She is identified as Ann Pettway from North Carolina. The girl she raised as her own, Carlina White, was reunited a few weeks ago with her real -- her biological family. Well, after finding her baby picture on a missing children's Web site, the young lady that is, the man that she knew as her uncle is still in shock.

(BEGIN VIDEO CLIP)

KAPEL PETTWAY, ANN PETTWAY'S BROTHER: I'm mad and I'm fed up, I'm hurt, I'm disappointed. Simple as that. I'm still thinking, why would Ann do something like that? I don't know.

(END VIDEO CLIP)

WHITFIELD: Carlina White says she wants Pettway found so that she can hear her side of the story. White's biological aunt, though, wants Pettway in jail.

All right. A public farewell to a man who spent much of his adult life in public service.

(BEGIN VIDEOTAPE)

(SINGING)

WHITFIELD (voice-over): We're talking about Sargent Shriver and his funeral mass is wrapping up right now in Potomac, Maryland. First lady Michelle Obama paying her respects alongside Vice President Joe Biden and former president Bill Clinton. Bill Clinton among those who was eulogizing, as you see right there. Other diplomats, lawmakers and entertainers also came to say goodbye to the founding director of the Peace Corps. Shriver was 95 when he died Tuesday after suffering from Alzheimer's Disease. And you see the family photos right there, Maria Shriver, his daughter, Bobby Shriver, and Tim Shriver as well. And a picture there of the late Eunice Shriver now along with the late Sargent Shriver as well.

(END VIDEOTAPE)

WHITFIELD: Sargent Shriver's son, Anthony, encouraged people to be more compassionate and to try to make a difference.

All right. A former U.S. congressman is among a group of American lawyers trying to help former Haitian dictator, Jean-Claude "Baby Doc" Duvalier. Well, Bob Barr says he is not serving as Duvalier's attorney, but he is in Port-au-Prince to consult, assist and be Duvalier's voice to the international community. Well, former Congressman Bob Barr joining us now by phone from Haiti.

So Congressman, give me an idea how Mr. Duvalier "Baby Doc" Duvalier reached out to you and what your response was immediately.

BOB BARR, FORMER U.S. CONGRESSMAN (via phone): The family reached out to us initially through Ed Marger, the attorney in Jasper, Georgia, with whom I am associated because Ed had been involved with, had represented and worked with the Duvalier family for a number of years, both during the presidency of Jean-Claude's father, Francois Duvalier, and had assisted the family in other legal matters back in the 1980s which was also the last time I was here.

The family now reached out as soon as Mr. Duvalier arrived a few days ago back in Haiti in order to see if that would be available and through Ed, myself and Mike Mcleese (ph) in Atlanta, Georgia, to assist Mr. Duvalier accomplish what he wants to accomplish and that is to do something to help Haiti.

WHITFIELD: Well, assist in what way -- assist in what way, Congressman. Because Duvalier says he wants to come back to help Haiti, but President Preval had said, sure, Duvalier, you can come back but when you come back, you're going to face some charges. And so now he's found himself in the court there. But give me an idea in what way would you be able to assist him and what is it that Duvalier actually wants. Why has he returned?

BARR: As the former president said yesterday he was very well aware of the risk -- the personal risk that he faced in coming back to Haiti. But that paled in comparison to the needs of his people in Haiti. What he would like to do is see funds made available to help end relief effort which by any reasonable estimate here has not progressed well. Just in the day and a half that we've been here it's very obvious that the resource -- the relief efforts, the resources are not reaching the people, are not meeting the needs of the people, and Mr. Duvalier is concerned about that certainly.

WHITFIELD: How is he promising to facilitate those things? BARR: Well, that will certainly remain to be seen. He has just arrived here a few days ago. We just got here yesterday. There is obviously much to be done. We have spent a great deal of time with the former president and plan to spend additional time with him this weekend to start reaching out to people, both in the international community as well as in the United States.

WHITFIELD: So Congressman Barr, I'm wondering for you, personally and professionally, did you ever feel that there was a conflict or did it seem in any way uncomfortable for you to be involved with Duvalier, even though he's asked for your assistance, given that you're a former U.S. public servant and given the U.S. made huge concerted efforts to not only depose -- help get rid of Duvalier but also tried to help that country mend post-Baby Doc Duvalier's administration?

BARR: Obviously, if those were the goals of the United States in years past, they have failed miserably because the country is in worse shape now than it was during the time that Mr. Duvalier was president. But there's no conflict at all. What we're doing here is trying to assist the people of Haiti and one would hope that would be the goal of the United States government as well.

WHITFIELD: All right. Congressman Bob Barr, thanks for your time. We'd love to continue to stay in touch with you while you're there in Port-au-Prince to see what kind of progress and what kind of assistance you ultimately will able to secure for "Baby Doc" Duvalier, the former president of Haiti. Appreciate your time.

All right. Back to your stateside now. Park City, Utah, the Sundance Film Festival. It is this weekend. And there's one actress in particular who's already getting a whole lot of attention. We'll talk to her live next.

(COMMERCIAL BREAK)

WHITFIELD: All right. Some of the biggest names in Hollywood are in Park City, Utah, right now attending the Sundance Film Festival. So it's a showcase as well as a competition for some of the most highly-acclaimed independent films. And this year there's already a whole lot of buzz around a little known actress who has not one, but two films featured at the festival. She is Elizabeth Olsen. And if the last name sounds familiar, it's because she is actually the little sister to mega stars Mary-Kate and Ashley Olsen and she's about to join us live. But first, take a quick look at a clip from her movie, "Silent House."

(VIDEO CLIP, "SILENT HOUSE")

WHITFIELD: Oh, my gosh. That is thrilling and looks scary, too. It's like, what happens? Does she turn around? We're going to find out.

CNN's Brooke Anderson is live at the Sundance Film Festival with Elizabeth Olsen and director of "Silent House" Laura Lou. It's good to see all three of you. This is like a cliffhanger. Now, I want to know, how does it go? "Silent House."

BROOKE ANDERSON, CNN ENTERTAINMENT CORRESPONDENT: Yes, Fredricka, the anchor, wants to know what happened. Did everything turn out OK? But, Fredricka, as we were watching the clip, Elizabeth said, oh, when we shot that, I hit my head or something. So it was a little bit dangerous for your health.

ELIZABETH OLSEN, ACTRESS "SILENT HOUSE": No, I actually did hit my head during that shot. I really hit my head. Yes.

ANDERSON: That made the film.

OLSEN: Yes. We were just saying it was hard to find the right sound effects. My mike was right here and it just kind of broke my mike.

ANDERSON: Broke the mike. Well, Laura, you know, this is a young, fresh, new talent. She's an NYU graduate. She's --

OLSEN: No, I'm still at NYU.

ANDERSON: Oh, you're still at NYU.

OLSEN: Yes, I'm a senior at NYU.

ANDERSON: A senior. Well, you're juggling a lot then. College, Sundance Film Festival, two films, bursting on to the scene. What was it like working with her and what surprised you most about Elizabeth that you found on set?

LAURA LAU, DIRECTOR, "SILENT HOUSE": Well, I'll tell you, she is such an unbelievable professional. And her skill level, her craft level was so high. And I think she needed so little. As a director, it was kind of like, what can I do, how can I help you? And she was always just already right there. She just always brought herself. It was very difficult I think in one continuous take to keep herself at this -- an unbelievable emotional level all the time and take after take, Lizzie brought it.

ANDERSON: And you've seen the movie, are you pleased? Are you happy with everything?

OLSEN: I am pleased. It was my first time seeing myself on screen so that in itself is just a little different and uncomfortable and all those good things.

ANDERSON: Fredricka, it's funny, because I've really been looking forward to interviewing Elizabeth. And when I've told people that I was going to talk to her, they said, wow, you know, we had no idea that Mary-Kate and Ashley Olsen had a younger sister who is an actress. Everyone's really excited to see you and when I first, you know, laid eyes on her, I said, oh, my goodness, you are so beautiful, just like your sisters. Have they given you advice about acting, about your career?

OLSEN: I think our whole family just basically supports each other and the choices we make. And it's just more advice about keeping your feet on the ground and your head over your shoulders and not getting caught up in things and just doing what makes you happy and that's the work and not anything else.

ANDERSON: The second film that you have here at Sundance is Martha, Marcy, May, Marlene. Did I get that right?

OLSEN: That is right.

ANDERSON: I've been practicing, thank you. But it is said that your performance is reminiscent of a young Maggie a young Maggie Gyllenhaal. You have to be pleased with that comparison. And who do you look up to in Hollywood?

OLSEN: I look up to -- as a little girl, Michelle Pfeiffer. I thought she was like the most beautiful, amazing woman. And then Annette Bening, and Diane Keaton. Those are the women that I really love.

ANDERSON: Both films up for sale here. Laura, what is it like bringing this movie to Sundance? This highly recognized, respected festival around the world. It's great exposure.

LAU: We couldn't be more privileged really. You know, we had this as a goal right from the beginning when we first were approached to make the film. And Chris and I couldn't be really more honored than to be invited back here. There's not a better place to show this film.

ANDERSON: And how exciting is it for you? Are you 21 years old?

OLSEN: Yes.

ANDERSON: Twenty-one years old, so young, fresh new face in Hollywood. But to be here and being -- you're being raved about at the festival. And everyone's excited to see you and see your films. How exciting is that for you because this is a tremendous opportunity?

OLSEN: Yes, it's really cool. I'm just -- because you make independent films and you just hope that festivals get them and then you hope that distributors get them. And so you just -- I mean, right now, it's just kind of a really amazing path that you hope is happening. And that's what's happening for the films.

ANDERSON: Your sisters have walked this path before you. Have they given you tips on how to navigate the chaos that can be the festival, that can be fame?

OLSEN: No, actually the reason why I didn't go straight into making films is because media kind of frightened me because I think fame is a little bit of an odd thing. So I kind of gravitated towards theater because of that. But, I mean, it's just supporting each other and keeping grounded, I guess.

ANDERSON: Well, I'm sure your family is very proud of you. Elizabeth Olsen, Laura Lau, thank you both. Again, Fredricka, the films are "Silent House" and "Martha, Marcy, May, Marlene." And when they are picked up, we'll let you know when and how you can see them.

WHITFIELD: Of course, and a really super quick question then to Elizabeth because we know that her sisters have among their designer labels Elizabeth & James and she is the Elizabeth on the Elizabeth & James. So I just want to know, is she wearing any of the Elizabeth & James gear right now? Or does she wear --

ANDERSON: You are the Elizabeth behind Elizabeth & James. Are you wearing any of those clothes?

OLSEN: I'm wearing actually -- it's really funny, I'm wearing a Row jacket, not Elizabeth &James, and Row pants.

ANDERSON: OK, which is also part of the fashion line but a different label.

OLSEN: Yes, I think my sisters make the best clothes. So I get to wear them.

ANDERSON: I love their clothes as well. OK.

WHITFIELD: They do have some cool stuff. I just happen to be wearing some Elizabeth & James shoes. So big double thumbs up on their line.

ANDERSON: Really?

WHITFIELD: Yes, I do like their stuff.

ANDERSON: I'll let her know.

WHITFIELD: OK, Brooke, thanks so much. Laura and Elizabeth, good to see you. And, of course, Brooke we'll be seeing you in a little bit because Danny Glover will be joining you as well there at Park City. He is in Sundance and he's one of the producers of a documentary on the Black Power Movement of the 60s and the 70s. We'll talk to him live 2:00 Eastern time.

And listen to these names. Tony Bagels, Vinny Carwash, and Junior Lollipops. They're some of the alleged mobsters rounded up by the FBI. A case tailor-made for our legal guys. Can't wait to hear them weigh in.

(COMMERCIAL BREAK)

WHITFIELD: A court rules it's OK to use race when considering college applications? Our legal guys weigh in on that after a look at these top stories.

A mental health evaluation has been completed on the Fort Hood shooting suspect. But a key question lingers and that's whether Army psychiatrist, Nidal Hasan, is fit to stand trial. If it's determined he is, Hassan could face a court martial and possible death penalty. He is charged with killing with 13 people and wounding 32 others in the 2009 attack. And authorities in California say a car found in a California canal did not contain a 4-year-old boy abducted earlier this week. According to the police, the boy was snatched out of his grandmother's arms by a man who used to date the child's mother. A car matching the description of the suspect's was seen plunging into the canal. The car discovered yesterday was not that car. Crews continue to search the canal and look for the little boy anywhere.

And a terrifying seen on an ice-coated highway. A tractor- trailer crashed through the guardrail and ended up on the other side of the highway. The accident happened in Toronto. No serious injuries were reported and the driver blamed the wreck on road conditions.

Jared Lee Loughner accused of the deadly Tucson shooting is indicted on federal charges. More indictments are actually expected. Plenty to talk about with our legal guys. Civil rights attorney Avery Friedman in Cleveland and New York criminal defense attorney Richard Herman, both professors. Richard, you coming from Las Vegas. All right. Good to see you all.

OK. So three indictments -- three federal indictments for Loughner, Richard, more are expected. We heard initially there were five counts that the feds were pursuing on him. What's likely next in this process?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, you know, Fred, he's been in prison without bail so the clock has been ticking. And the feds had a timeframe within which they had to bring an indictment. So they brought the first wave of indictment against Loughner. And interestingly the charges were not seeking the death penalty yet by the feds for the killing of the federal judge. That's a much more difficult case to prove than when the state brings it, Fred.

And you can rest assured and guarantee, and sitting in Las Vegas, this is a guaranteed winning bet that the state is absolutely going to bring murder charges and the state will seek the death penalty regardless of what the feds do to try to -- to try to terminate his life. It's absolutely going to come.

WHITFIELD: So I wonder, Avery, this is very interesting because if at least one of the charges filed by the feds means if there is a conviction, it would be life in prison. Why would the state then follow up on Richard's point to pursue their charges when it's unlikely -- if he were convicted he would ever see the light of day? Why go through the expense?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Because that's what justice requires, Fredricka. The fact is we have non-federal employees, including a 9-year-old girl, who was murdered by this guy. And so the state of Arizona must pursue state charges and indeed seek death penalty. Richard's also right that in the murder of Chief Judge John Roll. That's a much more complicated matter as well as the murder of Gabe Zimmerman who you may recall was the Chief Outreach Officer for the Congresswoman. So while the feds are going forward, the state judicial mechanism, justice mechanism, will continue to pursue charges against him because they want death penalty.

WHITFIELD: So as we know and we discussed this last weekend, all the federal judges in the state of Arizona have recused themselves. They brought in a U.S. District Judge from San Diego who would be overseeing this federal case. And this case -- the trial would likely take place in Phoenix, not Tucson, awfully close or are we seeing -- can we read through the tea leaves because of the San Diego judge that maybe this case would move to San Diego -- Richard?

HERMAN: I think so, Fred. I mean, the San Diego federal judge, the attorneys who represent Loughner are San Diego attorneys, it sure looks like that's going to be the requested venue change. And truthfully, they need a venue change. They cannot try this case in Arizona. If they do, this will be -- this will redefine flash verdict. This jury will come back in 8.2 seconds with guilty verdicts. Everybody -- they may not be able to get a fair trial anywhere because there has been so much publicity and so much press. But certainly Arizona's not the right venue.

WHITFIELD: Yes, OK.

FRIEDMAN: Well, there's another part of it too and that is that you neutralize the argument that the defense is going to make. The Justice Department, I think, will go along, although they'll fight it initially, they will go along for change of venue and I think San Diego really looks like the place this trial should take place. Although, again, we may see the San Diego public defenders as well as the federal judge try it nearby. We just don't know right now.

WHITFIELD: OK. Let's move on to what's taking place in your backyard, Richard, not right now because you're in Vegas. But New York in that area they were talking about this giant bust of 127 people all related to various mob families, being accused of everything from conspiracy to murder to extortion, narcotics trafficking, et cetera. So I wonder when you've got a giant bust like this, the numbers being very great, this come on the heels of just a couple of years ago very big numbers but, Avery, only a handful led to indictments and then led to convictions.

So does it seem as though these federal sweeps like this are building that kind of reputation, that they don't always bear fruit?

FRIEDMAN: Well, I think in a bust like this, they have some of the old-timers. They've got Luigi Manocchio who's 83 years old. They've got Yeary (ph), an advisor who's 74. They're really digging up guys. One of the assistant (ph) attorneys said that just because these guys have been in the penitentiary doesn't mean they've been rehabilitated. I think that's exactly right. So the fact is that organized crime continues on primarily along the East Coast. I think we're looking for substantial numbers of convictions.

The government has said two things which I think is very important. Richard's going to agree with this. Number one, they've got wires. Number two, forget the Omerta, the blood oath. These guys are squealing all over the place and I think those are the two factors that will go into substantial numbers of substantial convictions in these major mob busts.

WHITFIELD: So real quick, Richard, you agree with that? I've got one last case I want to try to squeeze in 45 seconds, possible?

HERMAN: Yes, Fred. There are going to be lot of quick -- quick deals are going to be offered here. Little or no prison time for the majority of these people. A handful are probably going to get hammered with some more prison time. Some of these are retreaded cases that were brought by the state. So it's not all as it seems. It's not, you know, just keep your seatbelts on for this one.

WHITFIELD: OK. In the meantime, let's talk about the University of Texas. And there were two white students who sued the university saying they were denied admissions while the enrollment for blacks and Hispanics was up. They were alleging discrimination. Well, now apparently the University of Texas gets to maintain its practices, follow the same suit as University of Michigan a few years ago.

So Avery, what happened here? Why is it the court said, no, this was not discrimination?

FRIEDMAN: Well, actually you just nailed the issue. In 2003, the Supreme Court, in a very close decision five to four, said that race may be one of a number of factors. So based on the University of Michigan model, the University of Texas did the same thing. A couple of white students brought suit. The district judge threw the case out because race is only one factor, but the key here is that the three- judge panel said, look it, we don't -- we will not consider race or permit considering race in perpetuity. Now, whatever the heck that means. But it means for the time being that race is a permissible factor when it comes to undergraduate --

WHITFIELD: OK. I saw you taking a few notes there, Richard. What do you have to add to this?

HERMAN: Yes, you cannot mess -- Fred, you cannot mess with Texas. You can't mess with UT especially the Professional Development Office. My friend's there. Don't mess with them. A unanimous decision by the 5th Circuit Court of Appeals. Avery's right, I think it's temporary. The next census is going to have a bearing on this and then it's probably going to go to the United States Supreme Court where Justice Roberts believes that the Constitution protects all types of discrimination. He's wrong, Texas is right. This is going to continue for a while.

WHITFIELD: OK. We're going to see you again, guys. Don't be surprised if our time together is limited because we took a little extra time. My producer's dying right now. She's screaming at me.

OK. But we're going to talk about the balloon boy's dad and how he's back into the mix. And he's looking for one of you to represent him. I can't wait to find out if you're going to take him up on that.

FRIEDMAN: Looking for Richard, not me.

WHITFIELD: All right. Talk to you soon.

HERMAN: I defer to Avery.

WHITFIELD: All right.

FRIEDMAN: I defer to Richard.

WHITFIELD: All right. See you in a bit. Much more of the NEWSROOM after this.

(COMMERCIAL BREAK)

WHITFIELD: Craigslist shut down its adult services section in the U.S. last year and worldwide just last month, but that didn't stop online ads for the underage sex trade. The ads merely moved to another website, Backpage.com.

CNN's Amber Lyon has been investigating underage sex trafficking and she talked with some men who have admitted soliciting prostitutes.

(BEGIN VIDEOTAPE)

AMBER LYON, CNN CORRESPONDENT (on camera): Does anyone need a mask? Does everyone have one?

(voice-over): We're giving these guys ski masks to conceal their identities.

(on camera): Here you go. There you go. Over here? All right.

(voice-over): These men have pled guilty to soliciting prostitutes. None of them pleaded guilty to soliciting a minor. They're attending Johns School in Tennessee in order to wipe their records clean. They're going to spend eight hours in class learning about STDs, the effects of prostitution on the community, and the risk of prison time if they get caught again.

ANTOINETTE WELCH, DAVIDSON COUNTY PROSECUTOR: They're everybody. They're rich, poor, medium income, every ethnicity, married, single, divorced. It is the most diverse crowd I've ever seen for any type of crime there is.

LYON: Antoinette Welch is an Assistant Attorney for Davidson County, Tennessee.

WELCH: A lot of these girls being pimped out on the Internet now are underage girls. By law, they are children. You all better be real careful if you decide to do it again because I guarantee you, you're going to eventually get some underage girl, and you'll get popped for it. And when you're convicted you will be on the sex registry for the rest of your life. Think about that.

LYON: A third of these men were caught buying a prostitute on the online classified site Backpage.com, where the escort section contains ads like these. Even though Backpage claims its site doesn't allow solicitation. We asked Backpage for an on camera interview but they refused.

(on camera): What exactly do, you do? Do you do it from your living room? From work?

UNIDENTIFIED MALE: Cell phone.

LYON: From your cell phone? You can actually surf Backpage on your cell phone?

How long does it take? You find a girl you like on Backpage.com, call her, and meet with her. How long does that usually take?

UNIDENTIFIED MALE: 30 minutes.

LYON: So you can get a girl as quick as you could get a pizza?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: We are on Dickerson Road. This is a known area of prostitution.

LYON: So this is the track of Nashville, Dickerson Road?

UNIDENTIFIED MALE: Dickerson Road, yes.

LYON: Kenny Baker is program director for the Johns School.

BAKER: They're only thinking about themselves and not about anything else, only their immediate needs, and gratifying them.

LYON: And obviously not about these girls.

BAKER: No. No. It's just an object.

LYON: Did you ever suspect that any of the girls that you found were under age and lied about their age?

Yes? Did you find those girls on Backpage.com? Yes. And by being under age, would you say they were 14? 15?

UNIDENTIFIED MALE: I don't know.

LYON: You don't know.

(END VIDEOTAPE)

WHITFIELD: So Amber Lyon is joining us now after this very lengthy investigation.

So you felt like these men were pretty candid and pretty honest and when they say they aren't pursuing underage prostitutes -- you think they're telling the truth, they're not pursuing. They're saying if they come across an under-aged young girl it's just by chance, so that's all right. LYON: That's what we heard from most of the guys, and including the central character who we interviewed when I told him we had found girls on Backpage that were 12, 13 years old, he seemed generally surprised and shocked.

And they've done studies on this. And this group in Georgia conducted a study. They posted fake sex ads on sites like Backpage.com and they found that 95 percent of the guys responding to the ads were not searching for a minor. However, Fred, when the guys were told that the girl in the ad was a minor, 40 percent still agreed to meet for sex. So they're not necessarily looking for it, but when it's there, you know.

WHITFIELD: So I've got some other questions but we're having some audio problems. I know people at home can hear that. So we'll take a short break, fix the audio, and when we come back we'll talk more about this.

LYON: All right.

(COMMERCIAL BREAK)

WHITFIELD: Back now with Amber Lyon here. And her documentary, "Selling The Girl Next Door."

So to continue our conversation, before the break, we saw these men are in this kind of reform school. They're all convicted Johns, and they have been sentenced to these schools in certain counties within the state of Tennessee, right? So do they feel like they are getting a second chance, whereas we'll learn in your documentary, young women under age, or otherwise when they're busted for being prostitutes, they're looking at jail time detention centers, these guys are getting a second chance, aren't they?

LYON: They really are. Because if they go to the Johns school and fulfill a couple other requirements they get their records completely cleaned. So these John schools face a lot of criticism.

However when I spoke with the director of this Johns school, Kenny Baker, his big point was it's better than nothing. And he feels if the guys are just released with something on their record, then they don't get the counseling they need, they don't get the education awareness as to the negative effects prostitution has on the communities.

WHITFIELD: A number of the young women you talked to in the documentary will be watching it tomorrow evening. Did you feel like they felt it was rather cathartic to even talk about their lives as prostitutes? What it was like to begin at age 13, 14? How it's difficult to escape it? That relationship between them and this -- what's the oldest profession.

LYON: It was really tough to get the girls to find girls, A, that wanted to talk. And, B, also to find girls that really, I think Fred the thing that struck me the most, girls that really felt they were victims. Because when you see the girls are locked up because we don't have any federal resources for them, to provide places for them to go.

Also just the way society treats these girls, in general, they just don't really feel like victims. It was really hard for them to come forward and tell their stories and feel that way.

WHITFIELD: All right. Amber Lyon, thanks so much. A many months long investigation.

LYON: Yes, yes.

WHITFIELD: And now the culmination in this hour-long special, "Selling The Girl Next Door," you don't want to miss it, tomorrow evening here on CNN.

Thanks so much, Amber. Appreciate it.

LYON: Thanks, Fred.

WHITFIELD: We'll be back with our legal guys and they'll tackle this case. A woman dying, waiting for an ambulance. This is in the midst of that huge blizzard in New York. Now the family is blaming the city. We want to hear what our legal guys have to say about this potential case.

(COMMERCIAL BREAK)

WHITFIELD: It took emergency crews three hours to reach Yvonne Freeman during a recent blizzard. But when they got there, it was too late; and now the family of Ms. Freeman is suing New York City. And our attorneys are back, civil rights attorney Avery Friedman, in Cleveland, criminal defense attorney Richard Herman in Las Vegas.

OK, this happening too, in your backyard, Richard. So you have to wonder, because of the blizzard, the city will be able to argue, no one got anywhere. We weren't able to get to this woman's house, we can't be culpable for her death. She ended up dying of a heart attack. What is the family's argument going to be, Richard? What can it be?

HERMAN: The argument is going to be -- it can be this: Is it reasonable that it takes 45 minutes to get through on a 911 call? Is it reasonable that it takes three hours for emergency vehicles to get to someone's house in New York City? And is it foreseeable that if they delayed that long in responding to a 911 call and actually coming to a house, is it foreseeable that someone could die? And the answers to all those are, the city's going to be liable. They've got to get their checkbook out. I've heard commentators say there's no liability, there's immunity, they're wrong. The city is going to get banged out on this one, Fred.

WHITFIELD: So Avery you're disagreeing on this one. Can the city be in control of the weather? And that things such as a calamity like this kind of weather would stand in the way and it would be responsible still?

FRIEDMAN: Yes, well, that's exactly the point. I mean, Mayor Bloomberg made a point of saying he was disappointed. Maybe that's evidence, I don't know what weight, the value of it is, but the fact is indeed when you have a major snowstorm, unless the state can show that the circumstances were so unreasonable, and so foreseeable that it would have resulted in the death of Yvonne Freeman who had a heart condition, she was 75 years old, I think and I wish the family the best, but I don't see any liability coming out of this case. I think the case should be dismissed.

WHITFIELD: It is a sad case. And the family is pursuing $20 million.

FRIEDMAN: It is. Absolutely.

WHITFIELD: Let's talk about Lance Armstrong now. He could be facing indictment by a grand jury. And one has to wonder, is this mostly because of eyewitness accounts? Is there any other evidence the grand jury would be considering before there would be any charges imposed, Avery?

FRIEDMAN: Yes. There are witnesses all over the place. The problem is there's an irrefutable connection between doping and cycling. Lance has been tested tens of thousands of times. He's always come out clean. But because of the way drugs are administered, because of the form of testing, multitude of issues. Grand jury has been looking at this, by the way, since August. Still no result. It remains to be seen. Again, there is a problem. Lance is smack dab in the middle of it, whether or not there's an indictment remains to be seen.

WHITFIELD: So Richard, "Sports Illustrated" magazine asking how serious is this federal inquiry and we ask the same thing.

HERMAN: It's very serious. The use of Hemstat (ph), the use of other drugs by Armstrong, there's a lot of eyewitness testimony against him on this. But, Fred, like Martha Stewart, who did not convicted for securities fraud, she got convicted for lying to the feds, the same principle is going to apply to Armstrong. He lied to officials. I think he's going to get convicted on it. He's going to get at least indicted on it. And he has a serious problem ahead of him. Nobody wants to treat him like Barry Bonds or McGuire, they look at him because of all his-

FRIEDMAN: Well, see.

HERMAN: everything he does for charities, but I think he's in big trouble.

WHITFIELD: Yes, and his personal and athletic accomplishments. All right.

So now let's talk about your favorite, I know you have been very anxious to tackle this one. We're not talking about the balloon boy, but now the balloon dad, now. Because Richard Heene, everyone recalls the balloon boy's situation. Young boy believed to be, according to the family, in the balloon as it was flying away in Colorado. And then it all turned out to be a ruse. So the dad was convicted, 30 days in jail, 60 days probation, et cetera. Now he says I need an attorney, because I'm suing the Justice Department, the justice system here in Colorado and the police because I shouldn't have been jailed in the first praise. So, I'm just wondering, any takers between the two of you. Richard, you first. You willing to get on board? Respond to his Craigslist ad?

HERMAN: I defer to my esteemed colleague, Avery. He can have this one.

FREIDMAN: I knew, I knew he was going to do it. I knew it.

(LAUGHTER)

HERMAN: Fred, Fred, you used the magic word, Fred, "convicted". That means he stood up in court, under oath, made eyeball contact with a judge and admitted to committing a crime. Now he claims that the police are corrupt, and the judicial system is corrupt. And he's looking for a lawyer. Any of these people, like Triple D, Charlie Sheen, dumb drugs and whatever, drinking, and train wreck Lohan, they get through the legal system and that's how they get publicity. It is ridiculous.

WHITFIELD: OK, well, real quick.

HERMAN: I don't know, maybe some lawyer will take it.

WHITFIELD: Let's take a look at the ad. It says I need an attorney to let me know if I have a lawsuit against corrupt cops and judicial system. A friend of mine thinks I do, so that friend put up videos on YouTube, that you can look at to make a determination.

HERMAN: A friend.

WHITFIELD: Is he digging a deeper hole by putting this ad up or is it just his style and he can get away with this if he happens to get an attorney?

FRIEDMAN: Well, look. This guy will do anything to be visible. He's a five-alarm screwball. There's absolutely nothing there. And the fact is that this is consistent with the way this guy does. He will do anything. He's now selling bear scratch devices and stuff like that out on the Internet. There is no basis, Fredricka. If a suit is filed, I have to tell you this, the lawyer and he will be fined for bringing up frivolous action. It would be a ridiculous case.

WHITFIELD: Ouch. OK, Avery, Richard, thank you so much.

HERMAN: So we agree.

WHITFIELD: I see you do. Agree on some things and not so much on others, but that's the way we like it.

FRIEDMAN: Yes.

WHITFIELD: Good to see you guys.

HERMAN: Absolutely.

WHITFIELD: Have a great weekend. See you next weekend.

FREIDMAN: Take care.

HERMAN: All the best.

WHITFIELD: The candidates are already gearing up for the 2012 presidential race. Can you believe that? Our Paul Steinhauser will tell us who's doing what.

And 2012 may seem like a-

(COMMERCIAL BREAK)

WHITFIELD: 2012 may seem like a long way off, but it's not, in the world of politics. House Democrats have wrapped up their annual retreat with a pledge to regain the majority in the next election.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA), MINORITY LEADER: We can convince the American people that we are here to solve their problems by creating jobs, we'll be back.

(END VIDEOTAPE)

WHITFIELD: Republicans are also gearing up for the 2012 election. CNN Deputy Political Director Paul Steinhauser reports on some possible GOP presidential candidates. Take a look.

(BEGIN VIDEOTAPE)

PAUL STEINHAUSER, CNN DEPUTY POLITICAL DIRECTOR: Hey, Fred, an old name is making some new news in the race for the Republican presidential nomination, former New York City Mayor Rudy Giuliani says he's not closing any doors to another run for the White House. Back four years ago Giuliani was an early leader of the pack in the battle for the GOP presidential nomination, but his campaign faltered and he dropped out early in the primary calendar. Giuliani is a moderate Republican and he tells our Piers Morgan that if former Alaskan Governor Sarah Palin runs, he'd be more likely to make a bid as well.

(BEGIN VIDEO CLIP)

PIERS MORGAN, CNN ANCHOR, PIERS MORGAN TONIGHT: Would you be more tempted to run if she wasn't?

RUDY GIULIANI, FMR. PRESIDENTIAL CANDIDATE: Maybe the opposite.

(LAUGHTER)

MORGAN: Really? GIULIANI: Maybe the opposite. Because you know, my one chance, if I have a chance, is that -- I'm considered a moderate Republican. So the more Republicans, which I can show a contrast, probably the better chance I have.

MORGAN: So you've become the acceptable face of the Republican Party.

GIULIANI: I don't know if I'm acceptable.

(LAUGHTER)

GIULIANI: The question is, the way I got elected mayor of New York City was not being acceptable. My slogan was you can't do any worse. Things were so bad you need me.

(END VIDEO CLIP)

STEINHAUSER: Can you watch Piers Morgan's interview Giuliani, Monday night at 9:00 Eastern.

Another possible contender is making news. Michelle Bachmann says the reception she got yesterday in Iowa, is encouraging her to consider a White House bid. Bachmann, a congresswoman from Minnesota, who is a darling of the Tea Party Movement, met with Iowa's Republican governor, and the party chairman. And she spoke before the fiscally conservative group.

Iowa plays a huge role in the race for the White House. As its caucuses kick off the presidential primary calendar. That spotlight of the campaign turns to New Hampshire today, the state that goes second in the primary calendar. Republican activist in the state, today, vote in a straw poll in who they'd like to be their party's presidential nominee. It's only 2011, but you know, it sure feels like 2012. Fred?

(END VIDEOTAPE)

WHITFIELD: All right. Thanks so much. It's going to be a hot season in politics.

(WEATHER REPORT)

WHITFIELD: We'll be back with much more of the NEWSROOM after this.

(COMMERCIAL BREAK)

WHITFIELD: A look now at our top stories.

Doctors in Texas say Gabrielle Giffords is doing great. The Arizona congresswoman was flown to Houston yesterday for further treatment. She suffered brain injuries in an assassination attempt two weeks ago today in Tucson.

And California authorities say what happened in Arizona is causing them to look very seriously at a threat against California Governor Jerry Brown. Someone left behind two spray painted messages threatening to kill him on Valentine's Day.

And you don't want to miss our 2:00 o'clock, Eastern show, the Dolans will be here, and they'll tell you what you should or should not invest in, in 2011.

I'm Fredricka Whitfield, see you then. "YOUR MONEY" starts right now.