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Plane Crashes into Spectators; U.S. Hikers May Be Freed Today; Republican Presidential Hopefuls Work South Carolina; Bachmann Appears with Leno; Troy Davis Scheduled to Die Wednesday; Murray's Manslaughter Trial; Walgreens Pharmacist Fired for Packing Heat; Wi-Fi Hotspot Danger; Iran May Free Jailed Hikers Today; Libya Opposition Meets Resistance; NYC Mayor on Jobs Crisis; Deadly Home Invasion Trial; Fresh Food for Free; Tent City in the New Jersey Woods

Aired September 17, 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: Right now, though, we've got our top story where federal investigators are on their way to Reno, Nevada to try to pinpoint the cause of that deadly plane crash at an air race. T.J. has been telling you about it all morning long. The terrifying moment were witnessed by thousands of spectators.

(VIDEO CLIP)

WHITFIELD: Horrifying moment, and it happened in an instant. At least three people were killed and dozens more hurt when the plane slammed into the crowd.

CNN's Dan Simon is in Reno. So, Dan, what more have we learned about how this happened?

DAN SIMON, CNN CORRESPONDENT: Not much at this point, Fred. You know, I should point out that we've already seen several videos like the one you just showed. But we just learned that there were actually 300 professionally credentialed photographers who were on site, so chances are we may be seeing a lot more video, a lot more pictures, you know, in terms of what happened right before the - the plane went down.

What we know, according to the eyewitnesses, is that the plane pitched up and then rolled and then - and then just went down to the ground in a matter of seconds. We know that the pilot, said to be very experienced, 74 years old, had been coming to the air show since 1975.

So experience doesn't seem to be an issue here. The question is whether or not the age of the plane may have played a role. We're talking about a - a World War II vintage aircraft. But - but, you know, these are the questions that investigators will have to sort out when they go through - through the wreckage - Fred.

WHITFIELD: Oh, incredible. OK. A lot of questions about how that happened.

Meantime, there are an awful lot of people there who said this pilot really was a hero, because it was clear he was trying to maneuver this plane as far away from the larger size of the crowd. Is that right?

SIMON: Well, it's a very powerful narrative that is emerging. It's something that authorities, quite frankly, haven't confirmed yet. I wasn't there. No one was there, you know, so we - we really have to sort of - sort of gauge in terms of what the - what the experts will say in terms of whether or not the pilot was capable of doing that.

But, no doubt, a powerful - a powerful narrative if, in fact, that occurred, Fred.

WHITFIELD: Wow, incredible. All right, thanks so much, Dan Simon there in Reno.

And, of course, when any new information comes out from that crash site, that investigation, of course, we'll be able to bring that to you.

Meantime, we're also following a major story possibly unfolding right now across the seas in Iran. Two American hikers jailed in Tehran could be freed within hours.

Here's what we know right now. A lawyer for Josh Fattal and Shane Bauer says that he is very hopeful the men will be released today.

They were detained back in 2009, after apparently straying across the Iraqi border into Iran. An Iranian court convicted them of spying. They insist they were just hiking.

So, if the men are freed, they will likely be flown to Oman. That's where we find CNN's Mohammed Jamjoom right now. Mohammed, we've heard this before from Mahmoud Ahmadinejad that the release was imminent, but there is money to be exchanged, there are conditions that have to be met. What's the timetable?

MOHAMMED JAMJOOM, CNN INTERNATIONAL CORRESPONDENT: Well, Fredricka, we just don't know for sure at this point.

We've heard many times over the course of the past few days that people expected that perhaps Josh Fattal and Shane Bauer could be released as early as today. The problem is that the judiciary in Iran, even thought president there had said that they could be released, the judiciary there has been saying that they are the final decision makers in this, that they are still reviewing the case.

We've been speaking to the attorney for both men throughout the day, and the attorney has told us that there's paperwork that has been filed with the court, that he has been at the court today, and that all that's left to be done now, in his words, is for one of the two judges to sign off on the paperwork saying that the bail has been posted.

Now, that having been said, we still don't know who has paid the bail. There's a lot of speculation that Oman is involved in the paying of the bail or in negotiating the release because Sarah Shourd, last year, Omanis paid for her release, and she came to Muscat, where we are now, when she finally departed Iran.

But still a lot of questions, Omani officials not commenting, not confirming. And the judiciary in Iran has not completely signed off on the release of these two hikers - Fredricka.

WHITFIELD: All right, Mohammed Jamjoom, thanks so much. We'll check back with you as we get more information.

Meantime, fierce fighting rages as Libyan opposition forces battle for control of Moammar Gadhafi's hometown today. Gadhafi loyalists are putting up stiff resistance to maintain control of Sirte.

Opposition leaders say at least eight anti-Gadhafi fighters have been killed and 31 others wounded. The revolutionaries are also trying to win two other Gadhafi strongholds.

And several of the Republican presidential candidates are working hard to win primary votes in South Carolina today.

Former Utah Governor Jon Huntsman isn't going to play favorites. Knowing football is king in the South, he'll appear at both the Clemson game, and then, later, at the University of South Carolina game.

And Rick Santorum got a head start in South Carolina. The former Pennsylvania senator attended a GOP fundraiser last night in Greenville. Santorum said South Carolina voters will decide who wins the state, not the polls.

And take a look, here's Herman Cain. He kicked off his bus tour through South Carolina Friday in Aiken. Cain will also be part of the first in the south presidential town hall.

Meantime, Ron Paul is turning his attention to California, way out west. The Texas congressman will give speeches at two events, including one sponsored by the Republican Liberty Caucus in Los Angeles.

In today's political climate, it seems one must-stop for the candidates is "The Tonight Show with Jay Leno." Last night, it was Michele Bachmann's turn, but it wasn't all fun and games. Jay Leno brought up her criticism of fellow candidate Rick Perry and his mandate that preteen girls get vaccinated against a possible risk of cervical cancer.

(BEGIN VIDEOTAPE)

REP. MICHELE BACHMANN (R-MN), PRESIDENTIAL CANDIDATE: It gives a false sense of assurance to a young woman when she has that, if she's sexually active, that she doesn't have to worry about sexually transmitted diseases, and that's not necessarily true.

JAY LENO, HOST, "THE TONIGHT SHOW WITH JAY LENO": Well, it not only gives assurance, it just - it can prevent cervical cancer, correct? BACHMANN: But it's the - it's - again, it's something that potentially could have dangerous side effects. But it's also the fact that - of crony capitalism. People were worried that potentially -

LENO: But parents can opt out of it, right? The parent can say I don't want my daughter to have it and still go to school.

BACHMANN: You can opt out, but - but the way that - the way that these work is the fact that when you have to opt out, you have to be very proactive.

LENO: Yes.

BACHMANN: And people just assume that the government does what's best for you, and my experience has been that's not always necessarily the case.

LENO: You know, if - if you become president, and you seem pretty strident in your views, could you compromise -

BACHMANN: Convicted. I'm convicted.

LENO: Convicted?

BACHMANN: Yes. I'm convicted. Yes, I -

LENO: No, you don't say convicted until after you're in office. That's later. That's later. That's -

(END VIDEOTAPE)

WHITFIELD: So Bachmann says the HPV vaccine has risks, but she says she's not speaking as a doctor, only a concerned parent.

A Georgia man is scheduled to be put to death in just four days. We'll tell you why hundreds of thousands of people are saying the execution needs to be called off.

And one U.S. mayor warns about riots if more people don't find jobs.

(COMMERCIAL BREAK)

WHITFIELD: Time is running out for a Georgia man scheduled to be executed Wednesday for the murder of a police officer back in 1989. Forty-two-year-old Troy Davis insist that he is innocent, and hundreds of thousands of people actually believe him and are signing a petition requesting clemency.

Rallies in support of Davis were held around the world this weekend, including this one in Atlanta. CNN's David Mattingly explains why so many people are convinced of his innocence.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN NATIONAL CORRESPONDENT (voice-over): Three times scheduled for execution, three times delayed. And now, with all legal appeals exhausted, supporters of convicted cop killer Troy Davis make a final push for clemency.

(on camera): What makes you think you still have a chance to stop this execution?

LAURA MOYE, AMNESTY INTERNATIONAL USA: Can we be sure that this man is not innocent? Can we be sure that the conviction of Troy Davis back in 1991 is still reliable? And the thing that's so difficult to understand is why the legal process has not asked that question.

MATTINGLY (voice-over): Davis was sentenced to death for the 1989 murder of a Savannah, Georgia police officer Mark MacPhail. Seven of nine eyewitnesses have since recanted, changed their stories. Some say they were originally pressured by police.

DARRELL COLLINS, WITNESS: And I told them over and over that this is - I didn't see this happen. They put what they want to put in that statement.

MATTINGLY: Others have come forward, implicating another man. One juror who convicted Davis questions her decision.

BRENDA FORREST, DAVIS JUROR: If I knew then what I know now, Troy Davis would not be on death row.

MATTINGLY: Critics of the case against Davis include 51 members of Congress, the Vatican, and former President Jimmy Carter.

JIMMY CARTER, FORMER PRESIDENT OF THE UNITED STATES: We believe that, in this particular case, there was enough evidence to the contrary to prevent this execution taking place.

MATTINGLY: But state and federal courts have all upheld Davis' conviction. The former DA who prosecuted Davis says the courts got it right.

SPENCER LAWTON, FORMER CHATHAM COUNTRY DISTRICT ATTORNEY: I'm just disappointed that so many people have been led to believe that nobody has paid attention to these recantations. It is, as I explained earlier, simply not the case. It's just not the case.

And on what ground are the recantations more believable than the testimony in court? None. None.

(END VIDEOTAPE)

WHITFIELD: While Troy Davis maintains his innocent, the police officer's family maintains that Davis is the killer. His mother spoke with our T.J. Holmes earlier today.

(BEGIN VIDEOTAPE)

ANNELIESE MACPHAIL, MOTHER OF MARK MACPHAIL: It has been held, because I want to like - I would like to have some peace. I would like to have this situation over with. We are the victims, and, those people that recanted, why did they wait 17 years before they recanted? They should have done it, if they felt that way, earlier, not when the final - final time is coming now.

I do not believe that. If they think they would have been coached, I think they have been - they've been coached by the wrong people.

HOLMES: Justice only comes for you and closure -

MACPHAIL: To say things that is -

HOLMES: Justice and closure only comes for you when Troy Davis is finally executed?

MACPHAIL: I will never have closure. Because that - that can't be. But I may have some peace, which I hope for.

(END VIDEOTAPE)

WHITFIELD: Mrs. MacPhail says when she heard the facts in the case, she never doubted that Troy Davis killed her son.

And we'll dig deeper into the Davis case when our legal guys join us, right after this.

(COMMERCIAL BREAK)

WHITFIELD: More on the Georgia man scheduled to be put to death next Wednesday. A petition seeking clemency for 42-year-old Troy Davis has 663,000 names on it.

Let's bring in our legal guys - Avery Friedman, a civil rights attorney and law professor in Cleveland; and Richard Herman, a New York criminal defense attorney and law professor, joining us from Las Vegas. Good to see both of you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fredricka.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fred.

WHITFIELD: All right, Avery, you first. This the fourth scheduled execution date. Is that is petition helping Troy Davis win some time and potentially freedom?

FRIEDMAN: Well, the petition can't hurt. The Georgia Pardon and Parole Board really holds his fate, and they're going to be meeting obviously in a very short period of time.

Six hundred and sixty-three thousand petitions are important. But, I'll tell you, Fredricka, what's more important are the efforts made by former FBI director and former federal judge William Sessions, along with 27 other federal prosecutors, state prosecutors and judges who say there is some evidence, actual evidence of innocence. That's what the board has to consider. In fact, Judge Sessions published an Op-Ed piece yesterday in the Atlanta newspapers there, and I think the parole board is going to really struggle to make a decision. There are three new members. They rejected it in 2008. Let's see what happens.

WHITFIELD: So, Richard, you know, has the parole board been at this crossroad before that there may have been witnesses that recanted their story or that jurors were second-guessing the conviction? If this has happened so many times prior, why - why did it - A, why was it not considered, and why are we at this juncture again?

HERMAN: Well, you heard the representative from Georgia say we've considered everything and we're not going to consider recantations made 17 years after the fact. I mean, there was sufficient evidence to convict him, Fred. Shell casings from his weapon were found at the scene there and allegedly reused - or, not allegedly, were proven to be used to be - to kill the police officer.

So there was evidence to convict. The issue here -

WHITFIELD: Shell casings, but no other physical evidence?

FRIEDMAN: That's right.

HERMAN: Well, there were eyewitness testimony. And, the question is, how valuable is eyewitness versus circumstantial?

Everybody thinks eyewitness is the best. It's really not the best, and we're seeing that here. People make mistakes. "60 Minutes" did a great piece on this a few years ago, people make mistakes. Eyewitness testimony is not the best.

And the real dichotomy here is, are you pro death penalty, are you against it? If there's a chance of putting an innocent man to death, is it worth the death penalty?

That's the overriding issue here, and people, including Pope Benedict, are fighting hard to get clemency issued to this man.

WHITFIELD: So, Avery, if that is brought to the attention of the parole board, that people make mistakes and that possibly people made mistakes in this case, isn't that defense enough to save a man from being put to death?

FRIEDMAN: Well, it - it has to factor into the - into the formula. The fact that you see the Pope and other anti-death penalty people advocating it, they would advocate it anyhow.

But, again, the focus has to be on the board. Is there any likelihood that there's actual evidence of - of innocence? A hundred and seventy two pages by a federal judge said no, and that's what the board has to consider, although they don't use the same legal standards. They have complete, absolute discretion.

WHITFIELD: And of course we heard from the mother who talked with T.J. Holmes early this morning, who says after 17 years how is it that anyone can recant their testimony and why should that hold things up when she felt pretty confident -

FRIEDMAN: The board is going to consider that.

WHITFIELD: -- when in court that that was the right decision.

All right. Well, a few days away. We will see what - what happens over the next few days before that Wednesday scheduled execution date.

Let's move on to Conrad Murray, this case in California involving the death of the pop star Michael Jackson. And, boy, the potential jurors had quite the questionnaire to tackle, to answer to, et cetera. Now the expectation is that jury will actually be seated next week. Avery, do you see that potentially happening? Are they on schedule for that?

FRIEDMAN: Yes. I mean, Michael Pastor who's the presiding judge, is doing an extraordinary job in trying to take control. One- forty-five, they got to reduce it down to 18. I actually think they're going to start this trial on time.

Much remains to be done by both sides to ask those potential jurors a lot of questions, but I'm actually surprised how well the case is moving forward.

WHITFIELD: Especially since people were, you know, quite upset and surprised, I should say, that this was not going to be a sequestered case, Richard. So, so far, things seem to be going along swimmingly, in your view, too?

HERMAN: Well, for the prosecution, it appears to be, not for the defense.

But I agree with Avery. I think this case is going to get off the ground next week. I think they're going to see 18. I don't think the defense is going to have enough objections to - to stop the train from rolling, so I think it's going to go.

One interesting factor happened, Fred. One of the witnesses who testified at the grand jury that he sent liters of Propofol to Dr. Murray -

WHITFIELD: Tim Lopez.

HERMAN: -- has taken off. He's now living in Thailand - yes. And he's not coming back.

So they're going to lose that testimony unless they kidnap him and bring him back to testify. That's going to take a blow to the prosecution's case.

WHITFIELD: Oh, you can't - they don't have any power in which to make him testify or make him return?

HERMAN: No.

FRIEDMAN: Well, they have -

(CROSSTALK)

HERMAN: Once he's out of the jurisdiction -

FRIEDMAN: They have preliminary jury testimony. It will be a battle over that, trying to get it in.

HERMAN: His testimony was at the grand jury and there was no cross-examination. And so they're not going to be able to use his prior testimony.

FRIEDMAN: Right.

HERMAN: They need his live body. They're going to need him there, Fred.

WHITFIELD: What if -

HERMAN: Well, again, I keep saying - Fred, I keep saying, this Dr. Murray has a legitimate defense here. He really does. There's a legitimate defense here.

FRIEDMAN: I don't buy it. I don't buy it.

WHITFIELD: So then, what, in your view, does the prosecution have in its back pocket? Richard?

HERMAN: The prosecution has the fame and - of Michael Jackson and the love of Michael Jackson by many people. It also has the fact that this Dr. Murray is injecting Propofol in a house setting, with a makeshift I.V. unit.

FRIEDMAN: Right.

HERMAN: And that's what they're going to claim was the cause of death. And this guy is a cardiologist. He's not qualified to administer anesthesia, which this was anesthesia. He's not an anesthesiologist. Therefore it's gross negligence, (INAUDIBLE).

WHITFIELD: And so, Avery, what does the defense have going for it?

FRIEDMAN: I don't know. I don't understand how there's viable defense, because, the truth is, all they're saying is, well, you know, he was really a sick guy. But, recall, earlier we discussed this, that, you know, you see tapes of Michael Jackson getting ready for the world - world tour. That guy looked terrific. He was ready to go.

And, you know, in addition to the I.V., there's substantial - substantial evidence on what Dr. Murray did after the death, which I think is very probative in terms of - of meeting the burden of proof.

WHITFIELD: OK. Now let's move on to the other case -

HERMAN: Yes, Fred. Let's - WHITFIELD: Yes? Real quick.

HERMAN: I'm sorry. The defense is going to say, listen, this guy did not die of Propofol. It was a combination of all the other medications he was on and Murray didn't know because he wasn't privy to Michael's doctor friends on the side who were pumping him with meds.

(CROSSTALK)

HERMAN: That's the defense, and it's a legitimate one.

WHITFIELD: All right. Let's - let's talk about another case. This one, really quick, we've only got about 45 seconds in which to do so.

But we're talking about Walgreens now. A pharmacist, he's packing when he goes to work. And, you know what? Some robbers come in, allegedly try to hold up the place. He pulls out his weapon. Robbers flee, no one hurt. Everything's fine.

However, that robber, I guess what he didn't know was there a written policy that Walgreens had. You can't pack, you can't bring your weapons. And so he lost his job.

Richard, he says he wants his job back, and he is suing for it.

HERMAN: Yes, and when the local police chief says, if I was the guy, I would have done the same thing, in the end, he's going to get his job back and Walgreens is going to modify their policy.

This guy was a hero. He saved not only his life but other employees' lives. He's a hero. Walgreens should embrace this.

WHITFIELD: Interesting. But what if, Avery, something has gone wrong? And that's what Walgreens is seeing, you know what? What if our employee brought his weapon to work and, you know, tried to stop something from happening, but someone got hurt. We had a policy.

FRIEDMAN: Yes. Well, that's the whole point. I think the guys is a hero, the community thinks he's a hero. He has a right to pack, and he's going to lose the case. This case will never get to a jury because, as a matter of law, the judge has to throw the case out. That chief of police that Richard's talking about -

WHITFIELD: Really?

FRIEDMAN: -- will never get to the witness stand. It's over.

(CROSSTALK)

WHITFIELD: No way. OK. It's over. OK.

Well, it's not over talking to you guys. We've got another case coming up - we've got a couple more cases, one in particular we can't wait to talk to you about in 20 minutes. This about - yes, indeed, the name is back. Casey Anthony.

This time her father, George Anthony, in the hot seat. Apparently he spoke out this week about his daughter, and now, might he be looking toward some legal trouble of his own?

And also, straight ahead, going online at airports, well, it's easier than ever. And it's actually more dangerous than ever. We've got some tips to protect you, when we come back.

(COMMERCIAL BREAK)

WHITFIELD: If you're using Wi-Fi to make an Internet connection at the airport, you could also be connecting to hackers. Ted Rowlands has the details in this week's "On the Go."

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Travelers waiting for their flight often pass the time going online, and Wi-Fi networks in airports have made that easier than ever, and dangerous.

GREGORY EVANS, CYBER SECURITY EXPERT: I will go and set up a fake Wi-Fi, and once they connect to it and start surfing the Internet, now what I'll do is grab all their traffic.

ROWLANDS: We launched a fake network called LAX Free Wi-Fi. Within minutes, people started connecting to it. Evans then showed us how a hacker can record everything off a computer that joined our network by tracking what I was doing on my laptop.

EVANS: So if they go to their bank and grab all their banking information, if they go to their Facebook, it will grab all that. Their Twitter accounts, if they're writing love letters, I can grab all of that.

ROWLANDS (on camera): Experts say there are a few things you can do to protect yourself. If you're at an airport or a public spot, find out who the Wi-Fi provider is, and use that. If it costs some money, pay the money. They also say change your password every now and then, and use different passwords for different accounts.

(voice-over): And, if you do go online using a public Wi-Fi, keep in mind that someone may be watching you the next time you're "On the Go."

(END VIDEOTAPE)

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories now. Tragedy at an air race in Nevada.

The plane came down before the eyes of thousands of people there. At least three people killed and dozens more hurt when that vintage plane slammed into the crowd. It barely missed a grandstand packed with spectators. Witnesses say they thought they were going to die. (BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I watched the plane come down about 60 feet from us into the front row boxes.

UNIDENTIFIED MALE: It was so tragic. It shook everybody up.

UNIDENTIFIED MALE: Did you get the impression he was trying to steer away from the crowd?

UNIDENTIFIED MALE: I think so. I think the pilot is a hero. He had to be fighting those controls.

(END VIDEO CLIP)

WHITFIELD: Federal investigators are on their way to Reno, Nevada, to try to pinpoint the cause of that crash at that air race.

All right, with time running out, supporters of a convicted cop killer are stepping up their calls for clemency. Hundreds of marchers turned out for a rally in support of Troy Davis.

He was convicted of killing Savannah Police Officer Mark MacPhail in 1989. Supporters say Davis' conviction was based on flimsy evidence. Davis is scheduled to be put to death by lethal injection Wednesday. His clemency hearing is Monday.

MacPhail's family and the prosecutor maintained that Davis is the killer. MacPhail's mother tells us she'll never feel closure in the case but she hopes, still, for peace.

Two U.S. hikers jailed in Iran could be freed within hours. A lawyer for Josh Fattal and Shane Bauer say that he is very hopeful the release will happen today. The pair was detained in 2009 after straying across the Iraqi border into Iran. An Iranian court convicted them of spying. They insist they were just hiking.

Fierce fighting rages as Libyan option forces battle for control of Moammar Gadhafi's hometown today. Gadhafi loyalists are putting up stiff resistance to maintain control of Sirte. Opposition leaders say at least eight anti-Gadhafi fighters have been killed and 30 others wounded. The revolutionaries are also trying to win two other Gadhafi strongholds.

New York Mayor Michael Bloomberg says he's worried the country's high unemployment rate could spark violent civil unrest. Bloomberg says it's possible the same kind of massive rioting that swept through Europe and North Africa this year could happen here if economic conditions don't improve.

(BEGIN VIDEO CLIP)

MAYOR MICHAEL BLOOMBERG (I), NEW YORK CITY: The damage to a generation that can't find jobs will go on for many, many years. You have a lot of kids graduating from college that can't find jobs. That's what happened in Cairo. That's what happened in Madrid. You don't want those kinds of riots here.

(END VIDEO CLIP)

WHITFIELD: Bloomberg who is an independent blames partisan politics for the lack of progress on the economy. He says, quote, "the only way you solve the problem is to have everyone pay a little more and get a little less."

When our legal guys return, we'll talk Casey Anthony and reveal why she is being ordered to come up with nearly $100,000. That's straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: It was one of the most graphic murder trials in recent years, the case of that Connecticut family brutally murdered in their home. Now resuming Monday, the first defendant was convicted and sentenced to death last year. Now the second suspect will be in court.

Our legal guys are back. Avery Friedman in Cleveland, Richard Herman in Las Vegas. All right, gentlemen, this was a tough case to talk about the first round. Now here we go again.

So Richard, will it likely be just as gruesome or will prosecutors, defendants, try to pardon the jurors of all the gruesome details we heard in the first trial?

HERMAN: No, Fred, it's going to be a replay of the first trial again. They have to do that. This is a separate case. The prosecution has the burden of proof to prove their case beyond a reasonable doubt. They are seeking the death penalty.

They are going to have to enrage and inflame this jury with the facts of this case. It's not going to be difficult. This was one of the most horrific scenarios I have ever seen. I'm telling you, I don't know that there's any viable defense for this man.

His lawyer is ranting and raving, and blaming everyone from the judicial system to the judge to the victims to the surviving victim. He's blaming everybody under the sun because he saw how the first case went.

I really believe it's going to end the same way the first case. This man is going to get the death penalty in Connecticut.

WHITFIELD: Avery, is there any danger in subjecting this community, the jurors to this again. New panel of jurors, obviously, but subjecting them to this again because the first panel of jurors say they cannot sleep at night still.

Because the graphic testimony, the evidence, all that is replayed in their lives over and over again. Let alone that of the husband who survived this, of the Petit family, where three of the family members were brutally beaten and ultimately killed. FRIEDMAN: Well, there's no discretion that the prosecution has. They have to put their case on. There are 17 charges, six are capital.

The argument in this case is unlike Steven Hayes, the original co-defendant. They are saying Joshua Komisarjevsky, who is the other defendant, is actually the principle offender here. Not only are we going to see the graphic evidence in the first trial. They are saying it's going to be worse. Exactly right. It's going to be horrendous.

WHITFIELD: No one can imagine how William Petit can go through this again. He had to relive this again to hear these details. He's living with that kind of survivor's guilt, too, because he managed to live and his entire family was wiped out. Is it going to be difficult to seat the jury, Richard, difficult to seat the jury?

HERMAN: In any death penalty case, you would think difficult to seat the jury. There are a lot of jurors who want to be a participant in a death penalty case. They are not going to have a problem seating a jury there.

You know, this is quite a different scenario with the earlier case. Here they could vote tomorrow and give the guy the death penalty. The judge put a gag order on me so if the public wants to convict him and punish him immediately.

WHITFIELD: OK, Avery, real quick on that.

FRIEDMAN: Well, no, no. Judge John Blue has actually talked about the nature of these jurors. He's been very careful. He said they are intelligent. They're fair. I mean, he's gone through this thing. He knows how to do it right. As much of a fair proceeding as there's going to be, you're going to see it right here.

WHITFIELD: All right, let's visit another murder trial that had the country riveted, we're talking about the Casey Anthony case. Now post her freedom, she is being socked with a nice little bill.

She needs to divvy up nearly $100,000, $97,000 to pay for the cost that came into the investigating of this crime. Avery, it could have been worse. Apparently, it could have been a half million dollars.

FRIEDMAN: Yes. If you put all the totals together by law enforcement, there's about $500,000. I think she got a deal. Although Judge Belvin Perry said that the value of prosecution for misdemeanors was $50. What a tribute to the prosecutors' office, but at the end of the day, it's about $100,000. Believe me with all the book deals everything else she's doing --

WHITFIELD: So she'll be able to pay, Richard? Will they see that money?

HERMAN: I don't know is she's going to be able to pay. I'll tell you, Fred. She should allow all these judgments to accrue Judge Perry reduced this to a civil judgment. She should let all these judgments accrue, discharge them in bankruptcy, and then sign a book deal for a million dollars or a TV promotion. This way she will be insulated. The judge came down 100 -- I don't think she will pay it.

WHITFIELD: Interesting. All right, well, you know, the story just goes on and on. Now George Anthony, the father, had this to say on Dr. Phil's show casting doubt on his position and his testimony when the case went to trial. Just take a listen.

(BEGIN VIDEO CLIP)

GEORGE ANTHONY, CASEY ANTHONY'S FATHER: I believe that Casey or someone else that she was with, possibly gave too much to Caylee, she fell asleep and didn't wake up. That's what I feel.

UNIDENTIFIED MALE: Gave too much what?

ANTHONY: Possibly some kind of drug or something like that. I mean, there's speculation about Xanax or whatever it might be. We talked about this chloroform thing. It was never, ever proven. That's another reason her and I don't agree on some things. Do I believe she was possibly in the back of this car? I do.

(END VIDEO CLIP)

WHITFIELD: What? Richard, so didn't his testimony try to corroborate what the defendant was trying to claim, which was this child drowned, it was an accident. Now the story seems to be changing. Are we looking at potential perjury charges even against George Anthony?

HERMAN: Fred, I don't think that the prosecutor's office in Florida wants anything to do with any more prosecutions of any Anthony member. This is an absolute -- it's so ridiculous and so irrelevant for Dr. Phony Phil to do these interviews for media purposes only.

Who cares what these people believe? Do you believe anything this man says or his wife says or Casey says or the son says? We can't believe anything any family member says, so who cares what their opinions are after the fact.

WHITFIELD: Avery, this is entertainment? Entertainment?

HERMAN: Yes.

FRIEDMAN: Yes. Yes, nauseating and pathetic, merely entertainment. No legal significance. That's right. There's not going to be a prosecution of George. Nobody wants anything to do with them. What's Casey going to bring a suit? She's going to stay in hiding until she takes care of judgments then she's going to get the dough. Forget about it.

WHITFIELD: All right. Thanks so much. Avery, Richard, always good to see you. We won't forget about you. We'll be looking to see you next weekend. All right, thank you. Have a great weekend.

Coming up, a CNN hero takes fresh food to the streets, makes it accessible. Plus this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You think of a homeless person, you think of some wino on the corner, but it can happen to anyone, anyone at any time.

(END VIDEO CLIP)

WHITFIELD: But a town in New Jersey is now suing its homeless anyway.

(COMMERCIAL BREAK)

WHITFIELD: Fresh food for free. This week's CNN Hero noticed the lack of healthy options in her east Harlem neighborhood, so she decided to take the farm to the streets.

(BEGIN VIDEOTAPE)

GINA KEATLEY, CNN HERO: I grew up in low income areas. I experienced poverty, homelessness as well. I taught me to redefine myself and not to let your past determine your future. When I moved to New York to school, I was living in East Harlem. There's very few places to buy fruits and vegetables and healthy food.

It's the most diabetic and obese of all the neighborhoods in Manhattan. People were super malnourished. I saw the connection between poverty and obesity. It just seemed unjust and I had to do something about it.

My name is Gina Keatley and I'm giving nourishment for people who are literally dying for it.

You want free collard greens? Come over. Change is possible. If you want somebody to try a tomato, give them a tomato. Inspiration, they have to feel it, touch it, taste it. People the not change unless something in them changes. We go places other people will not go. We're giving out produce, doing classes. You really can eat healthy on a low budget.

UNIDENTIFIED FEMALE: What are these? Grapes. What is this?

KEATLEY: We really want them to start early on to set a ripple effect for the rest of their life. Say tortilla.

At the end of the day parents are doing the shopping, so we have to win them over as well. When I see an in need child it reminds me of opportunities I didn't have. I want them to succeed. It's about pulling yourself up and never accepting no I can see it in people's faces. I think people are getting it.

(END VIDEOTAPE)

WHITFIELD: On Thursday, we'll unveil this year's top ten heroes at cnn.com. Be sure to log in and choose your favorite for CNN Hero of 2011.

(COMMERCIAL BREAK)

WHITFIELD: Hitting rock bottom millions of people have lost their jobs and their home and have nowhere to turn. In New Jersey, a homeless community has sprung up in the woods. That community is now under a legal assault.

CNN's Allan Chernoff has that story.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN SENIOR CORRESPONDENT: Behind me is one of the main streets in Lakewood, New Jersey. But take just a few steps with me into the woods, and it's an entirely different world where dozens and dozens of homeless people have set up camp, created a community where they are trying to make it on their own.

UNIDENTIFIED MALE: Here is my punching bag, another stress reliever.

CHERNOFF (voice-over): Angelo Villanueva, a mason who lost his last job about a year ago is among dozens of jobless and homeless Americans who have resorted to this, trying to make a home here in the woods.

ANGELO VILLANUEVA, TENT CITY RESIDENT: You think of a homeless person, you think of some wino on the corner, but it can happen to anyone, anyone at any time.

CHERNOFF: Villanueva stays in shape in the gym he built as he hopes for a pick up in the economy to help him get back to work.

UNIDENTIFIED FEMALE: It's horrible, so depressing.

CHERNOFF: Marilyn Berenszweig is a textile designer who worked in New York just two years ago. She and her husband, Michael, a former public radio producer, have been living here for 16 months, victims of the jobs recession.

MARILYN BERENSZWEIG, TENT CITY RESIDENT: It's very hard for a company to decide to use a 61-year-old trainee. I'm too young for Social Security. So yes, it's going to be a rough, rocky flight. It's been a rocky flight.

CHERNOFF: Five years ago, Reverend Steve Brenham established what he calls tent city where he lives in the converted school bus. You see the population nearly doubled to 70 in the past year.

UNIDENTIFIED MALE: It's a community here. They've got all their needs met here.

CHERNOFF (on camera): The residents here have come up with some makeshift solutions to some of life's necessities. This portable generator is hooked up to a pump that is actually driving up ground water to the shower here and to the washing machine. What you see here is a hot water heater working of a propane tank.

(voice-over): Tent city residents recycle. The township picks up garbage once a week. That's as much help as the government provides. Lakewood Township is suing Reverend Steve and his tent city residents to get them off public lands.

REV. STEVE BRIGHAM, TENT CITY FOUNDER: The government has the responsibility to be sympathetic to the plight of the poor and to the homeless. To push them out is cruel.

CHERNOFF: The Township deferred CNN's inquiry to its attorney who did not return our calls and e-mails. As the legal battle drags on and the economy stagnates. The homeless who have created a home here maintain their hope of returning to society.

(on camera): But given the severity of the unemployment situation, many residents of tent city anticipate they may have to tough out the winter here. Allan Chernoff, CNN, Lakewood, New Jersey.

(END VIDEOTAPE)

WHITFIELD: It was supposed to be a fun outing, but it turned deadly. A vintage plane plunges to the ground at an air race in Reno, Nevada. We'll get an update.

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories right now, tragedy at an air race in Nevada. Incredible, at least three people were killed and dozens more hurt when that vintage plane slammed into the crowd. It barely missed a grandstand packed with spectators.

(BEGIN VIDEO CLIP)

GUS MCCREA, CRASH WITNESS: Just ran past me. I was thinking how beautiful it sounded. I watched him go down range. There were something uncharacteristic, his wings waggled, then departed from the organized flight into the vertical.

I knew something was wrong. I thought hopefully it was not too serious but became obvious it was extremely serious. People were crying out from the desert. There were women crying. It's a tragic event all around.

(END VIDEO CLIP)

WHITFIELD: It happened so fast. Federal investigators are now on their way to Nevada to try to pinpoint the cause of that crash.

With time running out supporters of a convicted cop killer are stepping up their calls for clemency. Hundreds of marchers turned out in Atlanta for rally in support of Troy Davis. He was convicted of killing Savannah Police Officer Mark MacPhail in 1989.

Supporters say Davis's conviction was based on flimsy evidence. Davis is scheduled to be put to death by lethal injection Wednesday. His clemency hearing is Monday.

And two U.S. hikers jailed in Iran could be freed within hours. A lawyer for Josh Fattal and Shane Bauer says he's hopeful the release will happen today.

The pair was detained in 2009 after apparently straying across the Iraqi border into Iran. An Iranian court convicted them of spying. They insist they are innocent.

Do you have a boomerang kid at home? That's one who has moved back -- moved out but has come back to live at home. After you said your good-byes, now what? At 2:00 Eastern Time, we'll give you rules to live by with your adult kids. Our financial expert, Karen Lee will be along.

I'm Fredricka Whitfield.

"YOUR MONEY" starts right now.