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GOP Debate Tonight in Iowa; Holiday Honors for Military Dead; Simmering to Success; Jerry Sandusky Out on Bail; Barry Bond's Sentencing Day Nears; The Impact of Sexual Abuse
Aired December 10, 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, shock and outrage now from Palestinians following remarks from a Republican presidential candidate Newt Gingrich. He said, quoting now, Palestinians are, quote, "an invented people." The remarks came during an interview on the Jewish channel.
(BEGIN VIDEO CLIP)
NEWT GINGRICH, (R) PRESIDENTIAL CANDIDATE: Well, I believe that the Jewish people have the right to have a state, and I believe that the commitments made at a time -- remember, there were -- there was no Palestine as a state. It was part of the empire. And I think that we have had an invented Palestinian people who are in fact Arabs and who are historically part of the Arab community.
(END VIDEO CLIP)
WHITFIELD: Gingrich went on to say it is tragic that Palestinians didn't leave the area when they had a chance, instead sustaining a war against Israel. Just moments ago his campaign staff sent this response. "Gingrich supports a negotiated peace agreement between Israel and the Palestinians. The statement adds, however, to understand what is being proposed and negotiated, you have to understand decades of complex history."
Saeb Erakat, a top Palestinian executive committee member, shot back.
(BEGIN VIDEO CLIP)
SAEB ERAKAT, PALESTINIAN EXECUTIVE COMMITTEE (voice-over): This is a very, very wrong (ph) statement. This is a (INAUDIBLE) statement, and we - we condemn it with the strongest possible term, and such statement is really inciting for bloodshed of Muslims, Christians and Jews in the region, and we don't need such low level of political (INAUDIBLE).
(END VIDEO CLIP)
WHITFIELD: Newt Gingrich is likely to face more heat for his comments tonight when he faces off with five of his Republican rivals in a debate in Iowa. Mitt Romney's campaign is already responding.
Let's bring in CNN political producer Shawna Shepherd, who is following the Gingrich campaign. She's joining us from Des Moines. So Shawna, you got that statement from Newt Gingrich. What else is he or his camp saying?
SHAWNA SHEPHERD, CNN POLITICAL PRODUCER (voice-over): Yes, Fredricka. Just moments ago we heard from Newt Gingrich's campaign press secretary. He sent a statement to CNN to clarify the former House Speaker's remarks.
He said Gingrich supports a negotiated peace agreement between Israel and the Palestinians, which will necessarily include agreements between Israel and - and the Palestinians over the borders of the Palestinian state. However, to understand what is being proposed and negotiated, you have to understand decades of complex history, which is exactly what Gingrich was referencing during the recent interview with Jewish TV.
This is something that the Gingrich campaign often will - will comment on, is the fact that he was a former professor, and he - you know, study of history. So we'll see if he - if he clarifies his remarks even more, if he's challenging them even more at the debate tonight.
WHITFIELD: And Mitt Romney's campaign is already responding. What are some of the other candidates saying?
SHEPHERD: Mitt Romney himself has not addressed the issue directly. His campaign's responded, but, you know, we'll see if he goes after his rival at the debate tonight. And I'm sure, you know, Ron Paul is also a pretty staunch critic of Newt Gingrich and will also be sure to comment on his remarks.
WHITFIELD: OK, and - and what do you know about the - the format this evening at the debate, what's expected, and if these latest words from Gingrich will in some way kind of redirect the focus of the debate?
SHEPHERD: Well, I think, you know, tonight is the first time that - that Newt Gingrich and Mitt Romney square off as two clear frontrunners. Gingrich is walking into this debate with a bull's eye on his back for sure, and he'll likely be challenged from all the candidates as they try to make up ground with only weeks left before the Iowa caucuses. So it should be interesting.
WHITFIELD: All right, political producer Shawna Shepherd. Thanks so much, from Des Moines.
SHEPHERD: Thank you.
WHITFIELD: Join us every Sunday afternoon at 4:00 Eastern time, when we dedicate an entire hour to the presidential contenders in the 2012 election.
On Capitol Hill now, both parties are focused on the payroll tax cut. It's set to expire at the end of the year. Both Democrats and Republicans have plans to extend the cuts, but there's not a lot of common ground between them.
President Obama has called on Congress to get it done. In an interview with CBS, he acknowledged that there's no quick fix for the economy.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Did you overpromise? Did you underestimate how difficult this was going to be?
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I didn't overpromise, and I didn't underestimate how - how tough this was going to be. I always believed that this was a long-term project. This wasn't a short-term project, and, you know, for individual Americans who are struggling right now, they have every reason to be impatient.
Reversing structural problems in our economy that had been building up for two decades, that's going to take time. It's going to take more than a year. It's going to take more than two years. It's going to take more than one term. It probably takes more than one president.
(END VIDEO CLIP)
WHITFIELD: Both parties are being pressured to cut a deal or millions of voters will face a tax cut - hike, rather, in an election year.
Tens of thousands of Russians have packed a freezing Moscow Square to protest last weekend's parliamentary elections. Prime Minister Vladimir Putin's United Russia Party lost some seats but retained the majority.
International monitors say the election was tilted toward United Russia. Protesters want the results thrown out and a new election held.
And three champions for women's rights in the developing world equally share this year's highest award for nonviolence struggle. The Nobel Peace Prize going to two Liberian women, one of whom is the country's president, receiving their prizes in Oslo today. The other recipient is the first Arab woman to win the Nobel Peace Prize, recognized for her role in this year's popular uprising in Yemen.
Jerry Sandusky now faces more than 50 charges of sexually abusing children, and one of our legal guys says the former Penn State coach's wife should be indicted as well. The latest from Penn State, live with our legal experts, straight ahead.
(COMMERCIAL BREAK)
WHITFIELD: Volunteers across the country are spending this Saturday at military and veterans cemeteries. They're helping lay holiday wreaths on the headstones of fallen service members.
Volunteers at Arlington National Cemetery got an early start this morning when trucks filled with donated wreaths arrived there. They're placing more than 100,000 of those wreaths at Arlington.
Let's go now to CNN's Athena Jones. She is there. She's been watching this volunteer action in place all morning long. Athena, why did so many people volunteer, and who are these volunteers? ATHENA JONES, CNN CORRESPONDENT: Well, I spoke with a lot of people. You have you veterans, you have a lot of service members, people in uniform, marines, people in the military. There are a lot of kids. There was at least one Boy Scout troop.
You also had a lot of people who came - who lost people, whether it was a son or a daughter or a partner. I spoke with a lot of people here who said they just wanted to come out.
One man told me that he had a relative who died in World War II who was buried somewhere here, and I asked him, well, are you going to go and try to lay a wreath on that grave? And he said, no, I just wanted to come anywhere. It didn't matter where I came. I just wanted to give back because they have given so much and I've given so little.
And so the idea here was for people to come together and to honor the troops. You know, this group's mission, Wreaths Across America, is remember, honor, teach. It's their 20th anniversary of laying wreaths.
It all began back in 1992, when a - a businessman from Maine who has a wreath company had a surplus of wreaths at the end of the year and donated about 5,000 wreaths here to Arlington to be laid on the graves in an older section, a section that didn't get as many visitors.
And so the tradition continued. It's now expanded to all 50 states, more than 500 cemeteries. And so it's a big day of volunteering and - and a day of honoring the troops - Fredricka.
WHITFIELD: All right. Athena Jones, thanks so much, at Arlington Cemetery.
All right, many of America's unemployed are over 50, but age was no barrier for at least two men. They turned to food to get them back on the job. Their tasty success story, next.
(COMMERCIAL BREAK)
WHITFIELD: A look at our top stories straight ahead, including the new, longer list of sex abuse charges against former Penn State football coach Jerry Sandusky. The alleged victims are younger and indictments are falling on more people. We've got our legal guys tackling that, next.
Take two Boomers, both out of work, add in a love of food and you have a career reinvention. In this week's "Smart is the New Rich," Christine Romans takes a look at starting over and starting a business after 50.
(BEGIN VIDEOTAPE)
RID FRANCISCO, LIZBETH LANE CUISINE: Eating is a very emotional thing.
CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): And now it's a livelihood for Rid Francisco and Michael Dernoga. FRANCISCO: Really, really good.
ROMANS: Almost two years ago, the friends and next-door neighbors cooked up Lizbeth Lane Cuisines. It's a line of all-natural, gluten- free simmer cooking sauce.
MICHAEL DERNOGA, LIZBETH LANE CUISINES: These are sauces that we make on a regular basis.
ROMANS: In 2008, Rid's advertising business tanked.
FRANCISCO: When the phone stopped ringing, I knew I had to do something quick.
ROMANS: And when Michael lost his job in health care management, he found inspiration from his 12-year-old daughter.
DERNOGA: Well, she said, "So Dad, what is it you really like to do?" and out of those conversations was, you know, my love of food.
ROMANS: Neighbors and foodies, together with 60 years of work experience, they named their new company after the street where it all began.
DERNOGA: Being two 50-some-year-old guys, you know, we're not afraid to admit that, you know, we don't know.
FRANCISCO: It was exciting, but it was also a little terrifying because at the age - at the time, I was 58 years old, and to reinvent yourself at that age is a - a pretty drastic thing to do. But I knew that if we stuck with it, it had a possibility of really working.
ROMANS: Rid does the design, ads and labels. Michael handles operations.
DERNOGA: I'm sort of the suit, and Rid is kind of this creative guy.
ROMANS: And it's about profit and principle. They ship their sauce using Handi-Crafters. It's a non-profit organization that gives jobs to people with disabilities and other employment barriers. Rid's stepson, Rob, works there.
FRANCISCO: There are a lot of parents out there that - you know, who have these special needs children who lay awake at night wondering, well, when he gets out of school, what are we going to do with him? And it really - this - this - a place like Handi-Crafters really gives them a wonderful opportunity to have a responsible 9:00 to 5:00 job.
ROMANS: Now, with 50 stores in 16 states, their Boomer reboot is working.
FRANCISCO: If we started this out, you know, right out of college or, you know, in our late 20s, early 30s, it properly would have been much tougher.
DERNOGA: So totally different from just having a 9:00 to 5:00 job. I mean, I've done both and I know where I want to be and I'm where I want to be.
ROMANS: Christine Romans, CNN, New York.
(END VIDEOTAPE)
WHITFIELD: The Feds want to put a baseball legend in jail for more than a year. I'm talking about Barry Bonds. His sentencing is a few days away. The legal guys are here with some predictions. Prison or probation?
Stay right here.
(COMMERCIAL BREAK)
WHITFIELD: Jerry Sandusky is home again. The former Penn State football coach posted bail Thursday, one day after he was arrested again, this time on 12 new counts of child sex abuse. Sandusky now faces more than 50 charges that he abused kids over the span of more than 15 years.
Let's bring in our legal guys, Avery Friedman, a civil rights attorney and professor, joining us from Cleveland; and Richard Herman, a New York criminal defense attorney and law professor, joining us from Las Vegas. Good to see you.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.
WHITFIELD: All right, gentlemen. This is very interesting, because not only was he facing more charges, he was released on bail, and now he's on house arrest. His wife comes out, Dottie Sandusky, and she is defending her husband, saying that these charges are false and eventually her husband will be cleared.
So, Avery, how might her statement - now, apparently that statement was released by his attorney. How might that statement either hurt or help his case?
FRIEDMAN: Well, I don't think it's - it doesn't mean a darned thing. I mean, what - the problem is that she has put herself in a position of potential criminal liability in trying to defend her husband. Again, I -- maybe Sandusky's lawyer is so brilliant, Fredricka, that we just can't figure out how smart he is. I mean, first, permitting his client to go on TV, making incriminating statements, and then having the wife go there.
Potentially, I think there's - there's a possibility that she could find herself in the soup (ph). I just don't understand the strategy, Fredricka, he's making (ph).
WHITFIELD: Well, Richard, do you find that she - the more that she talks, or even just that one statement saying that there were no boys in the basement. She never heard anybody yelling for help. That isn't true. Her statement might potentially be used in court in any way and she could potentially be facing charges herself, Richard? HERMAN: I want her to be indicted. I want them to indict her. She has to be indicted, Fred. She was involved. She was at that house. He was taking children to the basement.
I mean, he's innocent till proven guilty. We've got to say that up front now, innocent till proven guilty. But there's a lot of claims here, Fred, and there's a lot of consistent patterns of behavior from these 10 alleged victims at this point that, you know, I mean, it's just building up strong against them.
And Avery's right. His lawyer is bonkers, Fred. Seriously, he needs to get a new lawyer, if he has any chance -
FRIEDMAN: That's a - that's a legal term. That - that - Richard, that's a legal term.
HERMAN: Yes.
WHITFIELD: Bonkers is a legal term.
FRIEDMAN: OK.
HERMAN: If he has any chance of seeing the light of day, he's got to get a new lawyer right now.
WHITFIELD: OK. So now, let's look at these new charges, then. Avery, how do they compare to the previous charges?
FRIEDMAN: Well, they're very similar, Fredricka. There are nine felonies, three misdemeanors. Again, if you read the - the grand jury testimony, the - the five pages of it, it's very, very clear that it - it follows the pattern of the first eight.
And so, basically, these new individuals came forward. You want to know why? Because the Pennsylvania attorney general featured it on her website. They found out. That's very common in these kind of matters, more people coming forward.
And, by the way, this isn't the end of it. You'll see other young people coming forward in this and - and, frankly, I think you're going to see the consistent pattern of what Sandusky is alleged to have done in this case.
WHITFIELD: So there's going to be a preliminary hearing on Tuesday, and this might -
FRIEDMAN: Yes.
WHITFIELD: This week coming may be the first time since these charges were imposed, that Jerry Sandusky might actually be facing some of his accusers, isn't that right, Richard?
HERMAN: That's exactly right, Fred. I don't think it's going to go Tuesday because of the superseding indictment. I think they're going to adjourn that day. But essentially all the preliminary hearing is going to consist of is a field day for the defense to see exactly what the prosecution's case is. And the prosecutors claim, they're going to put all the victims on the stand to testify. It's going to be overwhelming. It's going to be very, very emotional.
If you read the grand jury report this time, Fred, four counts of deviate sexual intercourse he's charged with, four more child rape. That's what that is. And one of the victims, victim nine, says I was in the basement and I screamed for help because I knew his wife was there but nobody came to my rescue.
This testimony comes in, it's going to be so powerful, Fred. Really. Really very, very powerful.
WHITFIELD: And since then, again, Dottie Sandusky saying she doesn't recall that at all. She never heard any screaming. In fact, she's saying emphatically there were no kids even in the basement.
All right, let's move on, gentlemen, to Barry Bonds. We're talking about the all-time homerun leader, Barry Bonds now going to be back in court, this time facing sentencing after conviction of obstruction. So what is he facing potentially, Avery?
FRIEDMAN: Potentially, under the guidelines, 15 to 21 months. The United States Attorney, the Justice Department has talked about recommending 15 months. It's going to U.S. District Judge Susan Illston, who's a wonderful federal judge in San Francisco.
But the judge is not bound by the guidelines. She is looking to the probation officer's report. That probation officer is saying what any common sense person would say, Fredricka, and that is Barry Bonds is looking at probation and nothing more. He was evasive before the grand jury.
If you look at other cases that were resolved in - in the federal court there in San Francisco, same result. Probation is what we're going to see this week.
WHITFIELD: And Richard, do you agree, probation? Likely?
HERMAN: Yes. The pre-sentence report is an extremely powerful tool for the sentencing judge, and here that report says because of his good deeds and because of everything else surrounding this case, he should not go to prison. He should have maybe some home confinement but that's it, Fred.
Probation, that's what he deserves. The jury did not convict him of perjury. How he could be convicted of obstruction when he wasn't convicted of perjury is beyond me. The judge is going to know that.
He does not deserve to go to prison on this, Fred. He absolutely deserves probation, and that's what I'm going for.
FRIEDMAN: That's right.
HERMAN: It's going to be probation, but he's not going get to the Hall of Fame. It's just not going to happen for him.
WHITFIELD: Might he still appeal that obstruction?
HERMAN: Yes, he's going to appeal that, and he's got a good shot on the appeal, I think.
FRIEDMAN: Yes.
WHITFIELD: All right. OK, gentlemen. Thanks so much.
We're going to see you again. We're not done with you. We've got some other cases, including that of Joran van der Sloot. Remember that name? He was the main suspect in the Natalee Holloway disappearance, and now he's a murder suspect in Peru, facing charges.
But, you know what? He's decided to turn the tables. He is suing the government of Chile. We're going to talk about that and how that has come to be.
And after the sex abuse scandals at Penn State, Syracuse and now the AAU, victims no longer have to live in the shadows. One woman's story, next.
(COMMERCIAL BREAK)
WHITFIELD: A look at our top stories right now.
Three champions for women's rights in the developing world equally share this year's highest award for nonviolent struggle, the Nobel Peace Prize. Two Liberian women, one of whom is the country's president, received their prizes in Oslo today. The other recipient is the first Arab woman to win the Nobel Peace Prize, recognized for her role in this year's popular uprising in Yemen.
In Japan, reports of a radioactive water leak inside a nuclear power plant in the southern part of the country. A spokesman for the plant says no radioactive materials leaked outside the facility. Right now there is no word on the cause of the leak.
The plant is hundreds of miles away from the nuclear plant damaged in this year's earthquake and tsunami.
In Boston, police have cleared the Occupy protest camp there. They moved in early this morning. Dozens of people were arrested but there were no reports of violence.
New allegations today that the head of the Amateur Athletic Union may have sexually abused two boys decades ago. Police in Memphis, Tennessee have opened an investigation.
Two men tell ESPN Robert "Bobby" Dodd molested them back in the 1980s when they were playing on his AAU basketball team. One told Reuters Dodd drugged him and offered him $1,000 for oral sex. No comment from Dodd, who is battling colon cancer.
How do you deal with sexual abuse? It's a mature subject that may not be appropriate for all audiences, especially children.
Dottie Sandusky says she continues to believe her husband, Jerry, is innocent. The former Penn State assistant football coach faces a number of sexual abuse charges. He hasn't been tried yet, but it is not unusual for abusers' families to remain in denial even after the abuser has been convicted.
CNN's Julie Peterson talked exclusively to the ex-wife of one sexual predator.
(BEGIN VIDEOTAPE)
"JANE", EX-WIFE OF SEXUAL OFFENDER: He was arrested for soliciting minors on the Internet.
JULIE PETERSON, CNN CORRESPONDENT (voice-over): Jane's nightmare started eight years ago with a phone call from jail. It was her husband.
He'd been arrested at a shopping mall, preparing to meet an underaged young girl he met online. Instead of a young girl, though, it was the FBI. He was indicted on five counts and pleaded guilty to one charge, transferring obscenity over the Internet to a minor.
We've changed her name and hidden her face because she wants to protect her daughters.
JANE: -- but he spent 18 months in a federal prison, and then six weeks in a halfway house after that.
PETERSON (on camera): And you stuck with him, didn't you?
JANE: I did.
PETERSON: Why?
JANE: I was terrified of being alone. I had a 10-year-old child and a one-year-old at the time of his arrest and no job. I was a stay-at- home mom.
PETERSON (voice-over): Jane continued to hope her husband would be rehabilitated.
JANE: There was a lot of shame that I - that I didn't want to face. I stayed in that place of denial that there was a possibility of anything else.
PETERSON (on camera): How long did you stay in that place of denial?
JANE: The whole 18 months he was in prison, until about two months after he returned home. And then I started to wake up.
PETERSON (voice-over): She left her husband and moved in with family.
JANE: I'd never experienced such a low. I mean, I felt - I felt awful about myself, how could I have fallen in love with this? How could I have not seen it?
PETERSON: Psychologist Julie Medlin runs a large practice that treats sexual offenders and has written a book about protecting children from predators.
DR. JULIE MEDLIN, PSYCHOLOGIST: It's very hard for women when their husband or their boyfriend has been accused of sexual abuse because the woman wants to believe that their husband is telling the truth.
PETERSON: Medlin says it's confusing for people to accept that there's been a secret area, hidden for such a long time.
MEDLIN: Child molesters can seem so normal in every other area of their lives, except for this one area, which is the sexual deviancy or the sexual problem.
PETERSON: The six-year marriage ended in divorce. Jane says her ex- husband, now out of prison, still has excuses.
JANE: I didn't do it. No, I'm not sexually attracted to children.
PETERSON: As Jane looks back, she says she missed red flags along the way.
JANE: I was checking my e-mail and those pop-up comes up on the - on his computer, and so I looked in the history of the computer and there were horrifically disgusting pornographic sites there. And I asked him about it and he blamed it on a friend who had been visiting.
He'd been staying at work late, longer than normal, trips out of town.
PETERSON (on camera): Why - why were those things happening?
JANE: I thought he was having an affair, but apparently what was happening was he was online at the office.
PETERSON: So, is he still doing it now?
JANE: I don't know. It wouldn't surprise me. It terrifies me. Not for me and my children anymore, but for anybody else that he could hurt, and I believe that's a possibility.
PETERSON (voice-over): At 42, Jane is optimistic about her future. Her advice to others -
JANE: Trust your gut. Those red flags pop up for a reason. Trust it.
PETERSON: Julie Peterson, CNN, Atlanta.
(END VIDEOTAPE)
WHITFIELD: Ahead at 2:00 Eastern time, a woman who was sexually abused by her stepfather tells her story. Each state has its own statute of limitations for these kinds of heinous crimes. We'll talk about why they are so hard to prosecute. Erin Andrews, the ESPN reporter and target of a hotel room peeping tom, well she's taking the hotel chain to court. Full details with our legal guys, coming up.
(COMMERCIAL BREAK)
WHITFIELD: ESPN reporter Erin Andrews says the man who - who looked through a peephole of her hotel door had help from the hotel itself.
Our legal guys are back, Avery Friedman in Cleveland and Richard Herman in Las Vegas. And that's why, gentlemen, she is suing for millions. She's suing the Marriott chain and she's also suing the convicted peeping tom.
Is this going to be kind of difficult, though, for her to try to establish this, Richard, particularly because she's in the public view? She works in the public view, people have been seeing her. How will she establish if there's been some damage?
HERMAN: Well, she's going to be able to prove the invasion of privacy claims. I think no problem there. On the negligence and the intentional infliction of emotional distress, I'm not so sure.
She's bringing the case in Tennessee, Fred. She sued for $6 million against Marriott. You know, I think if she got anywhere close to a six figure offer, she should take it and run.
You know, she was prancing around naked on "Dancing with the Stars," just about naked, almost naked. I mean, I - I don't know what the damages are there. I don't know - she's not going - this is not going to be a lotto (ph) victory for her, and I think the case will settle.
I just can't see it going to a verdict. If it does, she is not going to get a lot of money on this one, Fred.
WHITFIELD: So Avery, you disagree with everything or you just disagree with the portion about dancing around almost naked?
FRIEDMAN: Well, I don't - yes, I mean that - you know, that's not fair. I mean, the truth is that she's going to have to establish that the hotel knew she was a star and new she attracted stalkers, knew that the stalker was going to have a room next door, knew the stalker was going to, you know, look through and drill a hole through the wall and knew they were going to post it. I mean, I think it's a very difficult case.
I'll tell you, one thing that really impresses me is she's going after Michael Barrett for $4 million. He's the peeper. He's the - the guy convicted. She won't get a nickel, but it's a principled, right thing to do. And - and I think money is secondary.
There's going to be a motion to dismiss, Fredricka -
WHITFIELD: But she's not going to -
FRIEDMAN: It's not - (CROSSTALK)
WHITFIELD: But if she's not likely to get any money out of him, why - why is that the right principle thing to do? What will be the - the accomplishment of that?
FRIEDMAN: I think because it makes - it makes a righteous point. The fact is he should be accountable. She should get a big verdict. That is a message. If she doesn't get anything, that's secondary. That's what I mean by that.
WHITFIELD: So - so Richard -
FRIEDMAN: But, you know what -
WHITFIELD: Yes. Go ahead. Sorry.
FRIEDMAN: Go ahead - no, go ahead. Go ahead.
WHITFIELD: Well, I was going to say she has to establish that the Marriott was complicit, right? I mean that it was negligent, that it allowed this to happen. How will she and her attorneys try to establish that? Avery first -
HERMAN: Very difficult -
(CROSSTALK)
WHITFIELD: Sorry.
HERMAN: Well, very - I'm sorry. All right - Avery -
FRIEDMAN: Let me just - let me just say this. Number one, I think it's a - it's an uphill battle because there are so many factors involved. Maybe it's the peephole structure itself, but even that doesn't make any sense.
I think it's a fact complicated case. If the judge denies the motion to dismiss, Richard's right in this respect, they will probably propose some kind of lower level settlement. But that won't happen until the procedural aspect of this case is completed, and that's while on.
WHITFIELD: OK, and now you, Richard.
HERMAN: Yes. She claims that Marriott was negligent because they should have seen the hole that he had drilled, and that, after seeing that, they failed to do anything about it. But how is she going to prove that? The maid saw it? I don't know.
But Fred, it's very strange. You call and ask for someone's room in a hotel, they never give that information. They may connect you on the phone -
FRIEDMAN: That's right.
HERMAN: -- but I've never seen a case where they've given that information. So kind of strange here.
But I don't know if it's negligence. I don't know. It's going to - interesting how it plays out. It may be dismissed before, like Avery said. But, in any event, Fred, this is not a big money case. Absolutely not.
WHITFIELD: OK. Now let's move on to Joran van der Sloot, and this is an interesting case. It's taking quite a turn. He is facing murder charges for a Peruvian woman, but now he is suing the country of Chile for violating his human rights, Richard, because he says Chile should never have handed him over to Peru.
HERMAN: Yes. He's saying that Chile never afforded him an attorney, they didn't afford him an interpreter, and they failed to give him a computer so he could contact his family. All that, well and good.
Chile didn't prosecute him, Fred. They just extradited him to Peru.
FRIEDMAN: That's right.
HERMAN: It's no claim here. This is garbage. Throw it in the garbage. This guy is going to be convicted of murder in Peru and there's nothing he can do about it. He's going down hard on this one, Fred.
WHITFIELD: So Avery, he's suing for $13 million. Why would he and his attorneys even attempt this?
FRIEDMAN: Well, it was a creative effort that's going nowhere. He's using an agency which basically provides for friendly settlements, that's what they tout themselves doing, between nations. But he's going to trial in three weeks, Fredricka. It's a last-ditch effort to try to - try to enjoin this, but it's not going to happen.
And the argument is that, well, he have certain rights in Chile and, therefore, Chile should not have turned him over to Peru. Really, I did homework on this. It's going nowhere. He's going to trial, and he - and I agree he will be convicted and we're - we start up in about three weeks.
WHITFIELD: OK, and that trial for the murder of Stephany Flores. So this perhaps was -
FRIEDMAN: That's right.
WHITFIELD: -- simply a delay technique, Avery?
FRIEDMAN: Yes. Yes. That's all it was. It was a last-ditch effort.
But, Fredricka, we're not going to see anything happen. I mean, the International Commission on Human Rights is going to do absolutely nothing. Or they'll spend the next year debating it, and meantime he'll already be convicted, so it doesn't really mean anything.
WHITFIELD: All right. HERMAN: Right. They have like - they have like 1,500 cases ahead - they have like 1,500 cases ahead of him, Fred, so by the time they get to him -
FRIEDMAN: Yes. Not going to happen.
HERMAN: -- it will probably be at least be a year. I've never seen a civil case stay a criminal trial, so - I don't think it's - you know, he's going to trial and he's going to get convict.
WHITFIELD: Yes.
FRIEDMAN: The International Commission -
(CROSSTALK)
HERMAN: They don't have the right to stay the criminal proceedings.
FRIEDMAN: That's right.
WHITFIELD: All right. Avery, Richard -
FRIEDMAN: Exactly right.
WHITFIELD: -- thanks so much. Appreciate that.
And, you know, there are a couple of other cases that we're going to kind of button up, cases that you and I have talked about over the course of the last few months, this one involving that Connecticut man now heading to death row for his part in that brutal home invasion that no one can forget.
A jury in New Haven recommended that Joshua Komisarjevsky be put to death for killing Jennifer Petit and her two daughters. William Petit, the sole survivor of the attack, says justice has been done. Another accomplice, Steven Hayes, well he's already on death row for that crime after his conviction.
And here's another big closed case of the week. The former governor of Illinois is sent to prison. Rod Blagojevich must report to prison within 90 days to begin serving a 14-year sentence. He was convicted in June on 17 corruption charges, one which involved his alleged attempt to sell the Senate seat vacated by President Barack Obama.
All right, straight ahead, we're also going to talk about the weather picture. It is definitely winter. Some folks are shivering, particularly in the Midwest. We'll find out more about the big cool down.
(COMMERCIAL BREAK)
WHITFIELD: All right, it's very cold in certain parts of the country, but it's supposed to be. It's almost winter, right?
Bonnie Schneider in the Weather Center right now. Yes?
BONNIE SCHNEIDER, AMS METEOROLOGIST: Yes. It is -
(CROSSTALK)
WHITFIELD: It is a holiday season. We're not even officially - no, 21st right, is official winter solstice?
SCHNEIDER: You know what's so funny, though, about that is that people in New England are saying we're -
WHITFIELD: Yes. We've been in winter.
SCHNEIDER: No, they've actually had a warm season so far.
WHITFIELD: Oh, really?
SCHNEIDER: So some people are saying it's already too cold. Others are like, hey, where's winter?
WHITFIELD: OK.
SCHNEIDER: Well, it's all coming. And right now it's cold, though, certainly outside and across much of the Great Lakes and Midwest. That's where temperatures are brutal. It's only 16 degrees in Duluth, Minnesota at this hour. Eventually we will see a little bit of warm up, but not much.
It's also been kind of chilly down south here, 38 degrees in Nashville right now; it's 44 in Birmingham; and 52 in Atlanta. That's a little more pleasant than what we've had so far. It's been so cold this week.
Watching out for delays today, out west due to snow showers, a little bit of rain down in South Florida, so keep that in mind. Otherwise, you're looking at the chance for some showers popping up in South Florida certainly for tomorrow. A lot of wet weather in the forecast there.
We are watching out for lake effect snow. We have some heavy snow that is likely to fall later on in Upstate New York. Four to seven inches expected, so keep that in mind as you shuffle out because the winds will be strong, too, and that will blow the snow and it may cause some higher snowdrifts to develop.
We've been checking out freezing fog this morning out west, and that's going to limit visibility. But overall, I say for the country, most of the weather today looks pretty good for those of you traveling. Temperatures today will be comfortable but chilly in the Midwest and in the Great Lakes, but the south looks much milder.
Tomorrow, that's when it gets a little tricky, on Sunday, because in the southeast we're looking for the chance of showers down in Florida and South Carolina. Otherwise, high pressure building in, bringing you some cooler weather, lots of shine there. We're also looking for wet weather to develop out on the West Coast, and that includes Southern California. So tomorrow's high temperatures are looking pretty much similar to today. A little milder in Minneapolis and Chicago. You are out of the 20s and into the upper 30s, so you get above freezing - Fred.
WHITFIELD: OK, not bad at all. Thanks so much -
SCHNEIDER: Sure.
WHITFIELD: -- Bonnie.
All talk about melting hearts, I think you're going to love this story.
SCHNEIDER: OK.
WHITFIELD: Who doesn't?
After waiting more than three hours for his plane to arrive, a U.S. Army Specialist gave his girlfriend the surprise of a lifetime. There you see it, happening right there.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Will you marry me?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: I love you.
UNIDENTIFIED FEMALE: We're on TV. Do you know that?
UNIDENTIFIED MALE: Yes. I kind of figured that's what the cameras were for.
(END VIDEO CLIP)
WHITFIELD: Yes, well she thought she was surprising him with a welcome back party, but then he obviously had an even bigger surprise, Bonnie. Of course, she said yes. You heard that. Thank goodness, right?
Delta Airlines, airport officials and the TSA were all in on it.
All right, CNN is honoring the everyday heroes around the world. We'll take you live to Los Angeles for a preview of that huge "All- Star Tribute," right around the corner. It's (INAUDIBLE) today preview (ph).
(COMMERCIAL BREAK)
WHITFIELD: All right. We're just hours away from tomorrow night's "CNN Heroes: An All-Star Tribute." The show honors those who go above and beyond to make the world a better place.
A.J. Hammer, host of HLN's "SHOWBIZ TONIGHT" will co-host a special preview show, and he's joining us right now from the Shrine Auditorium. Hey, what can we expect tomorrow? They're already starting to do those finishing touches today?
A.J. HAMMER, HLN CORRESPONDENT: Yes, that's right, Fred. Right behind me is actually where the red carpet is going to be laid out. I just saw them grab it with a big front loader and lower it down on to the ground.
They're setting up the staging for a big one-hour live pre-show "SHOWBIZ TONIGHT at CNN Heroes" before any of the big-time celebrities can walk into the shrine they have to come down our red carpet. Those celebrities will include Jerry Seinfeld, George Lopez, Mary-Louise Parker and Will.i.am from the Black Eyed Peas among the many more.
But, of course, the true celebrities of the night are our top 10 honorees. These are individuals who are making extraordinary differences in their communities by giving back and providing some amazing services. Their stories are all so touching.
I am personally touched by the fact that I still can't believe who is joining me as my co-host for "SHOWBIZ TONIGHT at CNN Heroes" our one- hour pre-show. A true hero himself, the great J.R. Martinez. J.R., a wounded Iraq war veteran, who, of course, won the coveted Mirror Ball Trophy on "Dancing with the Stars." Everybody knows his name.
WHITFIELD: Yes.
HAMMER: -- and everybody is inspired by his incredible story. And I had a chance, Fred, to hang out and spend some time with J.R. and he is a guy you just could spend hours talking to about anything. But we're inside the Shrine Auditorium as they were making some preps yesterday, talking about CNN Heroes and how important it is to him. He's very excited to be here.
And we got to talking a little bit about what "Dancing with the Stars" has brought to him. And when you win "Dancing with the Stars," Fred, you never know where your Christmas cards are going to come from. Watch what he told me about a special piece of mail he just received a short time ago. Let's look at that.
WHITFIELD: Neat.
(BEGIN VIDEOTAPE)
J.R. MARTINEZ, HERO: Actually, I've been traveling a lot since the show has ended and I came home the other day and I'm going through all my mail and just saying, OK, that's nothing, that's nothing. And I see this envelope and I say, well, what is this going to be? So I go and I open up the envelope. Needless to say, it's actually a Christmas card from the Obamas.
HAMMER: Oh, no kidding.
MARTINEZ: Yes. No kidding. So, yes.
HAMMER: You've got fans at the top of the ladder now.
MARTINEZ: So be surprised on who watches "Dancing with the Stars." (END VIDEOTAPE)
WHITFIELD: Nice.
HAMMER: So, yes, you never know when you compete on a show like that who's going to be sending you your Christmas mail.
But we did spend a great deal of time also, Fred, talking about how excited he is to be here. Watch what J.R. told me about why this was so important for him to be a part of this year.
(BEGIN VIDEOTAPE)
MARTINEZ: I actually had been traveling a lot since the show has ended and I came home the other day and I'm going through all my mail and just saying, OK, that's nothing. That's nothing. And I see this envelope and I say, well, what is this going to be? So I go and I open up the envelope. And needless to say, it's actually a Christmas card from the Obamas.
HAMMER: Oh, no kidding.
MARTINEZ: No kidding. So, yes.
HAMMER: You've got fans all the way at the top of the ladder now.
MARTINEZ: So be surprised on who watches "Dancing with the Stars."
(END VIDEOTAPE)
HAMMER: OK. Obviously the same bit of sound there from J.R. Martinez. But, look, he was that excited he got a Christmas card from the President we, you know, had to reveal it again.
Anyway, we are going to go inside in a little while to see exactly how they're doing. The staging is being set. All the cables are being set. The cameras are being put in place. It's going to be an extraordinary night. And as I tell people, every time I talk about this, I dare you to not feel inspired by the stories you will see.
So, of course, 8:00 P.M., live here from the Shrine Auditorium Eastern Time tomorrow. And before then make sure you catch J.R. and myself doing the one hour pre-show -
WHITFIELD: Of course.
HAMMER: -- "SHOWBIZ TONIGHT at CNN Hero."
WHITFIELD: Oh, we can't wait to see that. And I'm sure J.R. has shown you a few new moves.
HAMMER: Oh, no question about it. We're actually going to do a little cha cha down the red carpet before -
WHITFIELD: All right.
HAMMER: -- things get under way. Hopefully the cameras wouldn't catch that. but he's promised me that.
WHITFIELD: We want to make sure they do catch that. We look forward to that. Now that's a tease.
All right. Thanks so much, A.J.
All right. Watch "CNN Heroes: An All-Star Tribute" live tomorrow night that's after the preview special that A.J. was talking about, 8:00 P.M. Eastern Time, 5:00 P.M. Pacific. And go to CNNHeroes.com to see who this year's nominees are and nominate the organization for your hero of the year.
All right. The hour's top stories straight ahead. Stick around.
(COMMERCIAL BREAK)
WHITFIELD: Look at the top stories right now. Newt Gingrich is stirring up a Middle East controversy. He said in an interview Palestinians are, quote, "an invented people." A Palestinian leader calls that, in his words, of the most racist statement he has ever seen. And now Gingrich has issued a news statement saying he supports a negotiated peace, but adds to understand what is being proposed you have to understand decades of complex history.
Tens of thousands of Russians packed a freezing Moscow Square today. They're protesting last weekend's parliamentary elections. Prime Minister Vladimir Putin's United Russia Party lost some seats but retained the majority. International monitors say the election was tilted towards united Russia. Protesters want the results thrown out and a new election.
And three champions for women's rights in the developing world equally share this year's highest award for nonviolent struggle. The Nobel Peace Prize, two Liberian women, one of whom is the country's president, received their prizes in Oslo today. The other recipient is the first Arab woman to win the Nobel Peace Prize recognized for her role in this year's popular uprising in Yemen.
And a lot of you know what it's like setting off a metal detector when passing through a security check point. Well, now President Barack Obama knows, too. He was walking back to the White House from the Blair House when he stopped at a security gate and when he walked through, yes, it beeped. Apparently it was his cell phone. He said he wanted to see what it was like going through the checkpoint at the White House.
All right. Stay with us. CNN this afternoon coming up at 2:00 Eastern Time.
You probably need some extra cash, right, this holiday season? Well, how about a virtual garage sale. And our financial fix, Karen Lee, explains how to get money by getting rid of the stuff that you don't really need anymore.
Plus, one woman's story about the abuse she endured from her stepfather. We'll talk about how difficult it is to prosecute child sex abuse cases in some states.
Then, at 4:00 Eastern, whether you're up for a new job or a new promotion, learn the art of negotiation from a pro, Valerie Burton. She joins us to reclaim your career.
I'll be back in an hour. I'm Fredricka Whitfield. Time now for "YOUR MONEY."
