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Family Seeks Justice for Troy Davis; A Look at Facts of Troy Davis Case; Will Steve Carell Receive Emmy Nomination?; Air Race Disaster; Four Days to Live

Aired September 17, 2011 - 17:00   ET

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

DON LEMON, CNN ANCHOR: Hello, everyone. Thanks for joining us. You're in the CNN NEWSROOM. I'm Don Lemon.

We're going to begin this hour, of course, with new information about a deadly crash at a Nevada air show. We have new information for you.

One witness called the sound of the impact unbelievable. He said he almost couldn't believe what he was seeing. But it was all too real.

(VIDEO CLIP PLAYS)

LEMON: It is really hard to watch. Here's what we know right now. Veteran pilot and Hollywood stuntman named Jimmy Leeward was maneuvering his vintage P-51 aircraft through the twists and turns of a national championship air race in Reno.

But something -- and we don't yet know what -- but something went terribly wrong. As you saw, the plane left the course, headed for the grandstand and then crashed straight into the ground.

Leeward and eight spectators are dead. More than 50 others were injured.

There is some early speculation based on witness photographs. Take a look at the tail section of that plane right there. The photographs focus on a piece of the plane that appears to be missing. You see it right there -- a piece that had a major impact on the pilot's ability to stay in control of the plane.

Let's get to the ground right now where all of this went on. CNN's Dan Simon is live at the scene in Reno, Nevada. Dan, the NTSB held a news conference just a short time ago. We saw it here with Fredricka. And they talked about the photos that appeared to show the plane had suffered some damage before that crash happened.

So, what do those photos show and what do investigators say about them?

DAN SIMON, CNN CORRESPONDENT: Well, first of all, Don, the big headline this hour is that nine people have now been confirmed dead. Originally, they said that three people died as a result of this crash. Now that toll has risen to nine people.

Investigators seem to be zeroing in on the tail of the plane. The photos and the videos seem to suggest that a part of the tail actually dislodged mid-flight. It's called the elevator tab lift and that stabilizes the plane. NTSB crews panned the area actually found what could be a component from the plane. It suggests that, in fact, it is that elevator tablet but they're not saying that just yet.

I want you to listen to the NTSB investigator who addressed that just a few minutes ago.

(BEGIN VIDEO CLIP)

MARK ROSEKIND, NTSB BOARD MEMBER: We are aware of that. And, in fact, a component has been recovered in the area where that was observed. But I think it's critical at this point to know that we have not identified the component. It will be examined. So, we don't really know what the component is or if it came from this particular aircraft.

We are very clearly going to focus on that. And that's part of the factual information gathering that's going on right now.

(END VIDEO CLIP)

SIMON: Well, the bottom line is that is really the operating theory in terms of what brought down the plane. That if you lose that elevator tab lift, according to the experts, it becomes really difficult to control the plane, Don.

We should tell you and we have been saying it all day that the pilot, a 74-year-old Jimmy Leeward, described as very experienced. There's been some reports that suggest he tried to steer the plane away from the crowd. At this point, it's too early to say if, in fact, that occurred. Of course, it's a great narrative if that happened.

But at this point, it's just too premature to say whether, in fact, he was able to do that, Don.

LEMON: We were covering a similar story a couple weeks ago. The pilot only died in that one.

But did investigators talk about air race and air show safety or the safety of these modified high speed planes?

SIMON: Well, any time you have an accident of this magnitude, it's going to reignite the debate. Are the shows or these air races unsafe? You talk to people who have been here for years and they will tell you that it's part of the motor sports, just like car racing, that there is inherent danger involved.

In terms of whether or not modifications need to be done here at Reno, that is something that said they will look at it. But they will tell you, these are people who firmly believe in the sport. They will tell you that it's safe and they should go forward with these races, Don.

LEMON: All right. Dan Simon, thank you very much for that.

And one reason that I asked Dan that question because it has been a tragic weekend for air show events. In just the last few hours, we have learned of a crash at the Thunder Over the Ridge air show in Martinsburg, West Virginia. The crash reportedly involved a T-28 trainer aircraft. No information on injuries so far, but we are working to get more details and images from the scene. And we'll bring it to you when we get them.

Joining me now to talk about air shows, aircraft safety is Jim Tilmon. He's a veteran pilot, an aviation analyst with both military and civilian airlines. And he knows a lot about weather, too. He was a weatherman when I worked in Chicago a few years back. And he joins us now from Scottsdale, Arizona.

Jim, thank you very much.

Listen, what do you make of the photos we are seeing of the supposedly missing tail section?

JIM TILMON, AVIATION ANALYST (via telephone): Startling stuff, Don. I mean, you know, there was quite a little bit of speculation about what, if anything, may have happened to the airplane itself or mechanical failure for an experienced pilot like this one to sufficient the kind of consequences he did.

So, looking at it just the surface, it looks like a trim tab. And a trim tab really takes care of the air load on the control surface so that as you consider the fact that if you have your stick in a neutral position and you want to move the airplane from one kind of angle of attack with the wind or another, you need to have help because you otherwise have a (INAUDIBLE) on that tail. So, if you have that little tab moving for you, it will help to unload all of that kind of endurance.

If that were the case and he lost the trim tab, it would lead one to understand that it would be very difficult to control the airplane.

LEMON: Is a World War II vintage plane, Jim, safe to use for maneuvers like this? It's a fairly old plane.

TILMON: Oh, well. Don, I got to tell you, you know, when we start talking about age and airplanes, it's a different kind of story. Next time you get a chance, you might want to ride in a Gooney Bird. The thing is airplanes can last forever essentially if they are well maintained. And this airplane was in mint condition for everything that we have been able to find out about it

So, you know, I don't think the age of the airplane have much to do with it. Things happen. I mean, you know, there'd be no way for anyone to know that trim tab was in a position whether it might fail or whatever if that is the case. But, no, I don't think the age of the airplane made that much difference.

LEMON: Listen, you get something like this happening in Nevada and then now we're hearing about West Virginia that I reported just before I came to you, you know the big air and water show that they have every year in Chicago. A lot of people wonder why those shows are still held and about the safety of the shows. What do you make of that?

TILMON: Well, first of all, every kind of idea possible for safety is brought in to bear on those shows. And as you have, I have attended the air and water show in Chicago many times.

There is a deadline. There's a line that theoretically is drawn in the air that the aircraft are not allowed to cross because that will take them too close to the crowd. And this particular case in Nevada, what happened was he crossed the line -- as soon as he did that, it should have alerted everybody to know that something terrible is going on. Or that they just don't violate that if possible.

But the shows are safe. I mean, if I had been in Reno, I would have taken my grandchildren to see the show. I mean, it's just -- it's exciting. It's incredibly moving to see these airplanes do what they do and handle the way they are. But so is NASCAR and so is Indy 500. So is a lot of stuff in sports.

LEMON: Jim Tilmon, much appreciate it. Missing you on the air. Thank you so much for your expertise, all right?

TILMON: Thank you, Don. You take care.

LEMON: All right.

All right. On to over news now.

Two years of imprisonment and uncertainty could end this weekend for two American hikers detained in Iran. An attorney for Shane Bauer and Josh Fattal says paperwork is all that's keeping them from freedom. And he says Iranian authorities are close to signing the documents permitting their release.

The two were arrested with a friend while hiking on the Iran/Iraq border in 2009. An Iranian court later convicted them of spying. And they are expected to travel to Oman after being released. We'll update you.

(VIDEO CLIP PLAYS)

LEMON: The battle for Moammar Gadhafi's hometown turned in his supporters favor today. Government forces had to retreat as they came under fierce fire in Sirte. A spokesman said eight anti-Gadhafi fighters were killed and another 31 were wounded.

It was a different story in southern Libya to report to you. One tiny town surrendered without any fighting. Residents cheered the government forces as they march toward the south. People burned the green flags of the Gadhafi regime and celebrated by firing guns into the air.

A CNN team was caught in the crossfire in a battle near Sirte. CNN journalist Ian Lee was hit by shrapnel during an attack by Gadhafi loyalists armed with rocket-propelled grenades. Now, he was in good spirits after being treated at a field hospital. The CNN crew was traveling with a convoy of revolutionaries when they came under fire. At least one anti-Gadhafi paramedic was killed in the attack.

The only daughter of the late Senator Ted Kennedy has died. Kara Kennedy suffered a heart attack after working out, according to a statement from her father's institute. This is video of her in 2009 accepting the presidential Medal of Freedom on her father's behalf. Kara Kennedy was the oldest of Ted Kennedy's children and spent her career working as a filmmaker and TV producer.

In 2003, she was diagnosed with lung cancer, but she overcame the disease.

Kara Kennedy was 51 years old.

Tragically, another child of the Democratic icon passed away today as well. Fifty-one-year-old Eleanor Mondale, daughter of the former Vice President Walter Mondale, died at her home in Minnesota. She was battling brain cancer since 2005.

Mondale appeared on the campaign trail during her father's unsuccessful run for the White House back in 1984. She later settled into a career as a radio personality rather than following in her father's footsteps and going into politics.

Is the state of Georgia about to execute an innocent man? We're talking about Troy Davis. He is set to die Wednesday for the murder of a police officer 20 years ago. But most of the witnesses have changed their story.

The sister of Troy Davis is live with us this hour. But, first, what does it take to be a hero? Some say it's your address. We're going to discuss the interesting results of a new study, up next.

(COMMERCIAL BREAK)

LEMON: Welcome back, everyone.

The kindness of strangers brought a Utah man to tears after bystanders lifted a car to save him.

(BEGIN VIDEO CLIP)

BRANDON WRIGHT, PULLED FROM UNDER BURNING CAR: I just wanted to thank all the heroes that put their lives on the line to save mine. I'm forever in debt. I can't thank them enough. I just hope they know how much they mean to me.

(END VIDEO CLIP)

LEMON: It's amazing every time I see that video. It's been running all week. And the video shows at least five people were part of this team of responders. Instead of running from the flames, they ran toward them to save 21-year-old Brandon Wright.

So, what makes some act and others avoid getting involved?

Human behavior expert, Dr. Wendy Walsh; a co-host of "The Doctors," has some answers for us.

So, Wendy, address is a factor. This incident happened in Logan, Utah, a small rural city.

DR. WENDY WALSH, HUMAN BEHAVIOR EXPERT: That's right. A small, rural place, people tend to be a little bit more good Samaritan-like. In large cities, we become a little hardened and we also have the belief system that somebody else will help.

But there are other factors as well, and studies have proven this out, that people help people of a similar race more often than people of a different race.

Also, factors like crowd. You know, they say if you were in an emergency, sometimes the more people watching, the more dangerous for you because if the crowd freezes they all freeze. In this case, the crowd moved forward because somebody began.

Now, there was a case in a Brooklyn, New York, hospital, in fact, a tragic, tragic case of a woman dying on the floor, in fact --

LEMON: Yes.

WALSH: -- while hospital workers looked on. And you can look at something like that and wonder, was there a lack of compassion because they had to create this shield, because they were tuned out from so much pain on a regular basis?

LEMON: It's amazing. I remember that story. No one came to help that lady.

But I guess the good news is they helped the other guy. But sometimes people do get involved. And, you know, I guess you have to weigh the circumstance.

Let's change topics, Wendy. A new research from Brigham Young University, a Mormon school finds that music lyrics are more about sex than ever before. I want to play a recent song. It's called "Motivation." It's from singer Kelly Roland.

(MUSIC)

LEMON: It's pretty explicit. But, Wendy, parents, you know, since Elvis' heyday, have been complaining about racy lyrics. So, what's different about this new research?

WALSH: What's different about this new research, as all parents know this, that the media in some ways is the third parent, Don, on our children. And the big difference is the divergence of feelings and emotion.

Remember love songs? Remember those? They don't exist anymore. Songs are only about sex.

So, there is a separation in the lyrics between emotions and feelings and sex. And that's the scary thing that's, you know, going into the brains of our young kids.

LEMON: So, what should parents and teachers do to counter the effects of those lyrics?

WALSH: They need to teach sex as not just a plumbing lesson. It's not a biological lesson and how to prevent STDs. They need to talk about the emotional experience, how women have a completely different emotional experience with sex than men do, and men need to have compassion for women's experience, and women shouldn't necessarily adopt a male model of sexuality because they do excrete oxytocin, the female bonding hormone during orgasm.

So, all those pieces, parents need to teach kids about. But parents need to learn about it first themselves.

LEMON: Dr. Wendy, thank you. Co-host of new co-host of "The Doctors."

Hey, listen, I haven't been able to watch TV. I've been traveling. When does it -- do you premiere this week or have you been on already?

WALSH: We premiered this week. Check your local listings. In L.A., we're on at 2:00 on CBS. In New York, 9:00 a.m., on CBS as well.

LEMON: And we're glad we can have you here as well.

Thank you, Dr. Wendy, and congratulations again on your success. We appreciate it.

WALSH: Thanks.

LEMON: All right.

Four days from death by lethal injection. The call to save a man on Georgia's death row grows louder. The sister of convicted cop killer Troy Davis is going to join us in just a few minutes.

But, first, a look back at the crime. That's next.

(COMMERCIAL BREAK)

LEMON: Four days left to live. Georgia death row inmate Troy Davis will be put to death on Wednesday unless the state parole board decides to intervene during a hearing on Monday.

And as David Mattingly reports, Davis has many supporters who believe the state is about to kill a wrongly convicted man.

(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 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 wanted 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 U.S. PRESIDENT: We believe that in this particular case, there's enough evidence to the contrary to prevent this execution taking place.

MATTINGLY: An online petition supporting clemency for Davis exceeded 200,000 signatures in five days. But state and federal courts have all upheld Davis' conviction. The former D.A. who prosecuted Davis says the courts got it right.

SPENCER LAWTON, FORMER CHATHAM CO. GA., 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)

LEMON: CNN's David Mattingly reporting.

You know, the governor of Georgia doesn't have the power to grant Davis clemency, only the state's five member pardon and parole board can do that. So, on Monday, that panel will decide whether to delay, cancel or continue with the execution.

And up next, as the hours tick away until Troy Davis' scheduled execution, we're going to talk with the sister who's desperate to save his life, and the pastor who convinced Davis to turn himself in more than 20 years ago. You don't want to miss it.

(COMMERCIAL BREAK) LEMON: It's been an emotional case that's gone on for 20 years. Two families here, the families here are in dire situations. And there really may be no winners in all of this. It's the sad story on both sides.

Georgia death row inmate Troy Davis has one last shot at saving his life. On Monday, a five-member parole board will decide to delay, cancel or go forward with his execution. Davis is scheduled to be foot to death on Wednesday for the fatal 1989 shooting of a Savannah Police Officer Mark MacPhail.

Davis maintains his innocence and supporters all over the world are fighting to spare his life.

So, I'm joined now on the phone by Troy Davis's sister. Her name is Kimberly Davis. She's in Savannah.

And then in Philadelphia is a man who convinced Davis to turn himself in, Pastor Derrick Johnson.

Thanks to both of you for joining us.

But, Kimberly, I want to start with you. How are you doing? How are you holding up? And when was the last time you spoke to your brother and how is he holding up?

KIMBERLY DAVIS, SISTER OF TROY DAVIS (via telephone): I am doing just wonderful -- and me and my family, you know, we are still holding our heads high. I actually spoke to Troy about 4:00 this afternoon. And, you know, he was just so amazed.

You know, when he called on Thursday, we were talking about the over 650,000 petitions turned in to the parole board. And as he watched the march yesterday on the news, you know, he just said, you know, it was so amazing to have so many supporters. And he just wants to thank all of his supporters, thank everyone that believes in him and also believes in justice.

LEMON: Yes. What has he told you -- what has your brother told you about the case, Kimberly?

DAVIS: I'm sorry. I didn't hear you.

LEMON: What has he told you about the case?

DAVIS: Well, he's always maintained his innocence. And, you know, he told us he was not the one that shot the police officer. And we stand behind that innocence and stand behind his word.

LEMON: Even with shell casings found at another crime scene that match the crime scene of the officer, you still -- he still maintains his innocence and you still believe him, right?

DAVIS: And the ballistics report they received after the former district attorney was out of the office, the ballistic report showed that those bullets (INAUDIBLE), they did not match. LEMON: Yes. On the "AJC," there was a former prosecutor who wrote an article who said that they did match from the crime scene. And he was one of the men, Spencer Lawton, he's a former district attorney of the eastern judicial circuit. He prosecuted the Davis case back in 1991. He wrote an article in the "AJC" which stated that.

But I want to move on and ask you this. Are you emotionally prepared if the execution happens as scheduled on Wednesday, Kimberly?

DAVIS: Well, I am emotionally prepared as well as Troy, because Troy said that if the state of Georgia does succeed in executing him, they will only take his physical body because he's already given his soul to God.

LEMON: You know, there is another family involved here, the family of the slain officer Mark MacPhail. His mother spoke to CNN and she's positive that your brother shot her son and a man earlier that same night. So, I want you to take a listen to this and we'll talk about it.

(BEGIN VIDEO CLIP)

ANNELIESE MACPHAIL, MOTHER OF MURDERED POLICE OFFICER: I tell you that he shot that guy before and the casings are the same. Now, I think those are pretty good evidence.

T.J. HOLMES, CNN ANCHOR: Justice and closure only comes for you when Troy Davis is finally executed?

MACPHAIL: I will never have closure because that can't be. But I may have some peace, which I hope for. I certainly need it.

(END VIDEO CLIP)

LEMON: Kimberly, do you understand how the MacPhails feel?

DAVIS: Yes, sir, I do.

LEMON: And that's it? That's all you have to comment on that?

DAVIS: Well, yes. I understand how they feel. I do understand how they feel. And, you know, my heart goes out to them, because, you know, my brother, he is innocent.

She said she will not have closure, but she won't have closure if an innocent man is executed either. We just want justice. And as I said, justice for Troy Davis will be justice for Officer Mark MacPhail and his family.

LEMON: Kimberly, thank you.

I want to turn to Pastor Derrick Johnson.

Pastor, you drove Davis over to turn himself in. Have you ever doubted his innocence? REV. DERRICK JOHNSON, JOSHUA HARVEST CHURCH: Don, thank you. I want to first correct something when you led in. You said I convinced him to turn himself in. The fact is, as I recall it, it was Davis who wanted to turn himself. Which from the beginning, if you understand the climate in Savannah at the time they were searching for him, was unique and unusual. He had eluded police. His family initiated contact with myself and Pastor Jim Labon. After conversations with him, I did believe in his innocence, in part, because of my instincts and my understanding of African-American culture, and just the uniqueness of him wanting to come in and the volatility of the search for him at the time.

LEMON: Pastor, listen, you said the D.A.'s office never interviewed you about that ride. Did any authority ever talk to you about it?

JOHNSON: No one ever spoke to me about, which when these many years later I saw on your news network the coverage about his trial. I thought it was odd that no one ever talked to the first person to look him in the eyes, the first person to talk to him. No one even asked if, in fact, when I went to get him if he had a weapon on him. Basic questions you would think people would be interested in.

LEMON: But to this day --

JOHNSON: I was not then.

LEMON: To this day, have you been interviewed by anyone, have you spoken to police, investigators, prosecutors or anyone?

JOHNSON: Not at all. And, Don, you've got to understand the climate in Savannah when this particular heinous act happened. It was already racially tense. The community, the search for Troy pitted the black community against the police in many ways, which made it a volatile situation. So I don't believe at that time there was an interest in knowing what he said to me.

LEMON: I want to talk to you about this because you probably have insight as to how Troy Davis is doing. You were once on death row yourself for killing a man and then you were pardoned. How did you get involved in this case?

JOHNSON: Yes.

LEMON: You talked about it a little bit. How did you -- what happened on your way to turn get -- to turn him in? Was Kimberly with you? Who was with you? What happened?

JOHNSON: I -- I remember a sister. I remember Martina. What happened was, during that time I was an activist living in Savannah, assisting with some of the protest movements with regard to racial injustice at a plant called Gary Concrete. Eventually, I moved to Savannah for a time and founded an organization called Operation Genesis, which was known to the public because of my rapport with young people. Reverend Jim Labon and myself were very high profile in the black community. Because of the intensity of the search for Troy, the family reached out. We went to the house, met with his mother, I believe, and Martina. I first spoke with Troy on the phone. I was convinced, knowing what I knew and because of my background that --

(CROSSTALK)

LEMON: That he was innocent. And you guys devised a plan to have him turn himself in. I've got to ask you this, and this is my last question for you. Knowing you were on death row yourself, knowing what he's going through, do you understand what the family of that officer is going through right now, having this all come up again?

JOHNSON: Absolutely. And I would venture to say that, from the onset, Troy understood what that family was going through. However, we've got to talk about the elephant in the room that nobody wants to talk about. That is what the black community was and is like. And there are answers to the questions that the officer's mother asked about why, 17 years later, there are very dangerous people in the community -- Troy said from the on set that there was another person and he has never changed his story.

(CROSSTALK)

JOHNSON: You know, he's 250 miles outside of Atlanta. You don't come all the way back when you have already escaped, to clear your name, when you're guilty.

LEMON: I understand. That's a lot to put on a mom who lost her son. Right now, she's -- For 20 years, I'm sure she's been in grief. I understand what you are saying.

Thank you very much.

Kimberly, are you still there?

DAVIS: Yes. I'm here.

LEMON: Thank you as well, all right?

DAVIS: Thank you.

LEMON: All right.

So you have heard from the sister of Troy Davis who is scheduled to die on Wednesday for the murder of a Georgia police officer. But what are the facts of the case? What do they say about Davis's guilt or innocence? We'll ask the current defense attorney and former prosecutor Holly Hughes. She's been listening intently. That's next.

(COMMERCIAL BREAK)

LEMON: OK. Let's talk about this more because many say it is the worst offense of the justice system that the justice system that it can make -- putting to death an innocent man. And a growing chorus of critics is saying it's going to happen on Wednesday. And that is when the state of Georgia is to execute Troy Davis.

As you have heard, prosecutors say he murdered a Savannah police officer. Davis supporters say much of the witness testimony that put him away has now been recanted.

Let's go to Holly Hughes, former prosecutor and current defense attorney.

So, does he have enough to sustain the parole board to get a stay?

HOLLY HUGHES, CRIMINAL DEFENSE ATTORNEY & FORMER PROSECUTOR: Here's what I think is going to happen --

(CROSSTALK)

LEMON: Is that what is called a stay with the parole board, with the parole board--

HUGHES: Well, they are looking for clemency.

LEMON: Clemency.

HUGHES: Basically, they want the parole board to stop the execution, to let him go free, to give him clemency, say he served enough time.

I think there is so much pressure and so much media pressure that we may see, for the first time in the parole board's history, we may reverse themselves. What a lot of people don't know is clemency was sought once before by Davis by the Pardons and Parole Board, and they denied it. They have never, never gone back and reversed themselves in a decision, but so much media and attention has been brought to bear on this particular case, that we may see them backing up a little bit, maybe just staying the execution, maybe not giving total clemency, but staying, because so many questions have been raised and so much of the evidence has been questioned at this point in time, they may say, let's err on the side of caution. You can't re-do it if you execute an innocent man. There is no do-over here, Don.

LEMON: That's one of the marches. That was one yesterday. And there have been many marches. You heard the mom on CNN this morning with our T.J. Holmes saying she'll finally have closure.

HUGHES: Right.

LEMON: Some sort of closure. She believes that he did it.

HUGHES: Right.

LEMON: Listen, I won't to go through this. This article was written for the AJC. It's Spencer Lawton, former district for the Eastern Judicial Circuit in Georgia. He prosecuted the David case in 1991.

HUGHES: Right.

LEMON: The gist of it, he's saying, basically he doesn't understand why advocates say there was no physical evidence in the case. "That's not true. Crime lab tests prove that the shell casings recovered from the shooting earlier in the evening were fired from the same weapon as the casings recovered from the scene of the Officer MacPhail." So what is this -- why are people saying, according to him, that there is no physical evidence.

HUGHES: I think what we're seeing is people have taken on the cause more in opposition to the death penalty than in reaction to the facts specific to this case. A lot of people are using it for a platform. They haven't read the transcripts. They are not familiar with the physical evidence that was recovered as Spencer Lawton, the D.A. who prosecuted, is talking about.

They never did recover the gun. So we have been hearing a lot about that.

LEMON: Yes.

HUGHES: The people who oppose it say, you never found the gun on him. He wasn't caught until later. He was running away. So there is an argument that he ditched the gun. But the shell casings match.

LEMON: All right. Let's go to number two, very quickly, because there's a third point.

HUGHES: Yes.

LEMON: Second he says, "They claim seven of the nine witnesses have recanted their trial testimony. This is not believable. To be sure, they produce affidavits, a few handwritten and apparently voluntarily and spontaneous, except for concluding with the words "further the affiant sayeth not." Who wrote that stuff? That's lawyer speak, he's saying. Who wrote that?

HUGHES: Of course it is. It's done in legalese, but what the people who are putting forth the affidavits are saying is, hey, we are changing, taking it back. We were coerced, we were forced.

LEMON: OK. OK.

HUGHES: And the lawyer puts it into the legalese format to satisfy the court.

LEMON: OK. Third, "They claim that their newly discovered evidence hasn't been adequately considered by the courts. This is not true. The affidavits in various combinations have already been reviewed by 29 judges in seven different types of review over the course of 17 years." He says a trial was fair. He was tried by a jury and found guilty, seven black and five white members.

HUGHES: And don't forget, we also -- this case also went to the United States Supreme Court in 2009. They looked at the evidence and they said it's not enough to grant a new trial.

I think the biggest problem with the case is because of the recantations -- and it is a death penalty. People say, if you execute this man and you're wrong, you can't do it over, you can't take it back. But I also understand the law and order side which says, slippery slope. Because then everybody on death row just gets some people to recant, pay some people to write an affidavit and, all of the sudden, you are looking at a reversal. LEMON: It's going to be interesting to see. And your heart goes out to both families.

HUGHES: Everybody.

LEMON: Thank you.

HUGHES: Everybody involved, Don.

LEMON: Thank you very much, Holly.

HUGHES: Thanks.

LEMON: We appreciate it.

One of primetime television's biggest names gets one last shot at taking home an Emmy. What are his chances? And we will look ahead to tomorrow night's Emmy Awards.

First, I want to tell you about this. Studies show poverty and obesity go hand in hand. This week's "CNN Hero" learned that for herself when she moved into her east Harlem neighborhood, and she decided to do something about it. Take a look.

(CNN HERO)

LEMON: Next Thursday we will be announcing this year's top-10 heroes on CNN.com. Then you will be able to vote online or on your mobile device for the "CNN Hero of the Year" for 2011. All 10 finalists will be honored at a "CNN Heroes All-Star Tribute" hosted by Anderson Cooper with one named the "CNN Hero" of the year.

(COMMERCIAL BREAK)

LEMON: Sunday is the big event for stars of the small screen. I'm talking about the Emmy Awards. And all eyes will be on actor Steve Carell, since it may be his last shot that he for an Emmy for some time.

Kareen Wynter explains why.

(BEGIN VIDEOTAPE)

UNIDENTIFIED ACTOR: Are you Steve Jobs?

STEVE CARELL, ACTOR: No.

KAREEN WYNTER, CNN ENTERTAINMENT CORRESPONDENT (voice-over): He's Steve Carell, the remarkably funny, average guy we have come to adore in movies like "Crazy Stupid Love" and "The 40-Year-Old Virgin."

(SHOUTING)

WYNTER: But Carell's career-changing role didn't happen on the big screen. It was his work as bumbling boss, Michael Scott, on the hit TV series, "The Office," that first propelled Steve Carell to superstar status.

CARELL: My mind is going a mile an hour.

UNIDENTIFIED MALE: That fast.

WYNTER: After seven seasons on "The Office," and five lead comedy actor Emmy nominations, will number six finally make Carell the winner and give him the top prize this year?

CARELL: It's not been a blockbuster year for me financially. My blockbuster stock is down.

WYNTER: The buzz is Hollywood is this will be Carell's blockbuster Emmy year with television academy voters potentially sending him off the small screen in style.

CARELL: Later, guys.

WYNTER: Carell left "The Office" at the end of last season to focus on his increasingly demanding film career. He's been in five movies in the past two years with three more in production.

CARELL: I'm always amazed that I've been able to do any of it. The fact that I have been able to do TV, movies, it's -- I'm constantly pinching myself.

WYNTER: His humility and humor are missed by his "The Office" costars.

ED HELMS, ACTOR: Steve can't be replaced. He was a force of nature. He's wonderful and amazing.

WYNTER: Fans of "The Office" will miss him, too, but they can likely look forward to a Steve Carell acceptance speech at the Emmys Sunday night.

(LAUGHTER)

WYNTER: Kareen Wynter, CNN, Hollywood.

(END VIDEOTAPE)

LEMON: So make sure you tune in to CNN on Sunday. Our coverage of the 36rd Primetime Emmy Awards from the red carpet starts at 6:00 p.m. eastern.

Straight ahead on CNN now, right now, the latest on the air show crash in Nevada. The death toll has taken a major leap in just the past couple of hours.

But first, how would you like to take a dip in the ocean that lasts two and a half days? Our Dr. Sanjay Gupta talks with a long distance swimmer, Diana Nyad.

(COMMERCIAL BREAK) LEMON: Imagine this, going for an hour-long swim and then doing it again and again and again for 59 hours. That's what Diana Nyad set out to do in the ocean waters from Cuba to Key West. Dr. Sanjay Gupta gives us the inside scoop in this week's "Human Factor."

(HUMAN FACTOR)

LEMON: And Diana Nyad's attempt at a world record swim from Cuba to Florida eventually became a test of her iron will. CNN's Dr. Sanjay Gupta takes an exclusive look at her "Xtreme Dream." That's coming up tonight at 8:00 p.m. eastern right here on CNN.

The death toll climbs after a crash at an air show in Nevada. And new pictures of another air show crash just a few hours ago. You're top stories are next.

(COMMERCIAL BREAK)

LEMON: Let's check your headlines.

Investigators are on the scene in Reno, Nevada, where a plane crashed during an air race, killing nine people and injuring more than 50 others. Pilot Jimmy Leeward died at the crash. He was flying a vintage P51 Mustang modified for air racing. Witness photos shortly before the crash show a section of the tail, called the trim tab, appears to be missing. Investigators say they have recovered a component which they say may be related to what is seen in the photos.

It's been a tragic weekend for air shows. We've learned today of a crash at a Thunder Over the Ridge air show in Martinsburg, West Virginia. The crash reportedly involved a T28 trainer aircraft. IReporter, Jen Clark, took these photos. She called the crash very scary. No information on injuries so far. We'll bring you the details just as soon as we get them here on CNN.

Thank you so much for watching us. I'm Don Lemon at the CNN headquarters in Atlanta. I'll be back here an hour from now. In the meantime, "THE SITUATION ROOM" with Mr. Wolf Blitzer begins right now.