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Sandusky Waives Right to Hearing; Gingrich and Huntsman Play Nice; Jon Huntsman's Presidential Run; Sandusky Waives Right to Hearing; Women Veterans Struggle with PTSD; Charges Possible in Cincy Brawl

Aired December 13, 2011 - 09:00   ET

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

KYRA PHILLIPS, CNN ANCHOR: Guys, wow, what a busy morning already. We're still talking about Jerry Sandusky in court and out again. He was actually expected to face his accusers but instead, as you just heard, he waived his right to the preliminary hearing and here's Sandusky just as he left the courthouse and he faced a pretty stunned media.

(BEGIN VIDEO CLIP)

JERRY SANDUSKY, ACCUSED CHILD MOLESTER: Stay the course, to fight for four quarters. We'll take the opportunity to present our side.

JOE AMENDOLA, JERRY SANDUSKY'S ATTORNEY: And we couldn't do that today.

UNIDENTIFIED REPORTER: Why not?

AMENDOLA: I'll be back --

UNIDENTIFIED REPORTER: Tell me why the preliminary hearing?

AMENDOLA: I'll come back and answer your question.

UNIDENTIFIED REPORTER: And Mr. Sandusky, are you looking forward to facing your accusers, sir?

(END VIDEO CLIP)

PHILLIPS: Jason Carroll was actually inside the courtroom. Susan Candiotti has one of the victim's attorneys with her.

Jason, let's go ahead and start with you, if you don't mind. Let's talk about how bold of a move this was.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, it's certainly shocking. You know when the announcement was made in the courtroom, Kyra, I mean literally there were audible gasps in that courtroom. People clicking on their laptops, sending out the messages that this preliminary hearing was in fact not going to happen.

But just let me rewind just for -- just for a moment just so I can describe what it was like when Jerry Sandusky walked into the courtroom. You know when he walked in, he seemed a little bit nervous, but calm. And then he took his seat. Some of his family members were seated in the front row. His wife Dottie, his son John. Some church supporters, as well.

And then all of a sudden his attorney Joe Amendola goes to the district court judge and calls for a sidebar. And then right after that, the announcement was made that there would not, in fact, be a preliminary hearing.

Legally what happens next, of course, trial date. And that could be several months even up to a year from now. So at least at this point Jerry Sandusky still under those previous bail conditions that were set, he is still under house arrest at this point, he's still would not be able to have any contact with any potential witnesses and of course no unsupervised visits with any minors.

PHILLIPS: Got it.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: We can also expect a formal arraignment coming up where he has to enter a plea. That really hasn't happened yet.

PHILLIPS: Now, Susan, you actually have one of the victim's attorneys with you. This basically doesn't give any of these accusers a chance to speak today.

CANDIOTTI: Well, this is something they certainly have looked forward to for a very, very long time. They themselves said through their lawyers that they had prepared themselves for this, that it was going to be very difficult to face Jerry Sandusky but that they, too, were looking forward to having an opportunity to tell their stories first hand without any filter of any kind.

Now, joining us, as you indicated, is Marci Hamilton. She represents an alleged victim who was not part of the current case but has filed a first civil lawsuit just last week. This is someone who is 29 years old.

MARCI HAMILTON, ATTORNEY FOR ALLEGED VICTIM: Yes.

CANDIOTTI: Was not prepared to be here. You certainly were here on your client's behalf. Do -- what was your reaction as a lawyer?

HAMILTON: Well, it was surprising. On the other hand, this is the kind of case that has one surprise after another. But for me, the hardest part is for the survivors that are still silent. There are so many survivors out there of child sex abuse. This kind of a hearing could have helped them to understand the system. It could have helped them to understand there are other survivors standing up and they also could have the courage to stand up.

And, sadly, they're not going to get that opportunity to see these other survivors standing up for all of them, frankly. It's good for the prosecutors. I think for the silent survivors, it's tough. CANDIOTTI: What about whether your client will become part of this case eventually. You've said that he is cooperating. What is the status of that?

HAMILTON: He's currently talking to the authorities. The grand jury works on its own time and will produce its own reports and so we will know exactly what's going to go forward in the criminal context. Probably not until the new year.

CANDIOTTI: From your perspective you've said good for -- in a way for alleged victims but also bad in some ways, as well.

HAMILTON: Right.

CANDIOTTI: Frustrating for them. Good for prosecutors. As a -- as a lawyer, what do you think of this in terms of defense move, a legal strategy?

HAMILTON: Well, it's an odd legal strategy to put your client under the kind of stress he's put his client under in terms of all of Bellefonte, Pennsylvania, being filled with attorneys and with press. That, alone, had to be difficult for his client. You know I don't have a whole lot of sympathy for Sandusky. On the other hand, this is a bit of a circus for anyone to have to go through. And I --

CANDIOTTI: Just real quickly, Marci.

HAMILTON: Yes.

CANDIOTTI: Have you had a chance to tell your client about what happened?

HAMILTON: No, this has happened so quickly. I have to call him as soon as we're done.

CANDIOTTI: All right. Thank you very much for joining us.

So, again, certainly some sense of relief perhaps in a way for some of these alleged victims. But on the other hand, many of them have been looking forward to this day.

PHILLIPS: Jason and Susan, thanks so much and thanks for rolling so quickly with us as this all happened. It was pretty unexpected for all of us.

Paul Callan, too, criminal defense attorney and former prosecutor, joining us now. He's also one of our legal contributors.

And, Paul, I was listening to what you had to say when this all went down and you, in a way, understand this strategy because you said basically it just would have been a day for Jerry Sandusky to get trashed.

PAUL CALLAN, CRIMINAL DEFENSE ATTORNEY: Well, that is true. And you know I do think that on the side of waiving the preliminary hearing as a tactic, if you had 10 victims or eight victims, however many were going to testify, telling their story in a graphic and gut wrenching kind of way, you might have created sort of a lynch mob mentality among the public making it pretty much impossible for a prosecutor to offer any kind of a plea deal that would be acceptable to Sandusky.

So I think that would be something that the defense would be considering. That the public atmosphere would just be so poisoned, plea negotiations would be impossible.

On the other hand, though, Kyra, if I'm going to try a case as a criminal defense attorney, this was the golden opportunity to look at the case, to see how strong the witnesses are, to probe and find out where the flaws are and in fact if there's no case, it would be readily apparent at a preliminary hearing.

Very few states offer a preliminary hearing. It used to be, you know, all the states you could get them. Now I think it's down to maybe two states in the United States that still do preliminary hearings like this public snapshots of what the trial is going to look at.

So it's a golden opportunity for a defense attorney to see what's on the horizon at the jury trial. Amendola has given up that opportunity.

PHILLIPS: So why do you think he did that? Why would he -- I mean, is this a risk? Is this a ploy? Is this -- kind of try and get us inside his head. I mean, you've represented -- you've taken on cases like this before.

CALLAN: You know, I've had any number of clients through the years facing very, very serious charges and frankly I've never ever waived an opportunity to do a preliminary hearing because I think it's so important.

You have to understand and people have to understand in the criminal justice system, it's basically a very secretive system. A grand jury meets in secrecy, hears the evidence and hands down an indictment. The case then is put over until the time of trial. You may have a couple of hearings on issues like whether the search warrant was valid or whether somebody got their Miranda warnings, but basically the victims, the alleged victims never testify until they are actually in front of a jury.

So lots of times defense attorneys really don't know how strong the case is going to be because the alleged victims won't, of course, talk to the defense attorneys. So they like to do these hearings. So what is Amendola thinking, the defense attorney here? Well, number one, we know he's engaged in very unorthodox defense tactics throughout this case.

He's subjected his client to at least two public interviews in which he said -- you know, one was with "New York Times" and the other was on ESPN, I think, where he said terribly damaging things, I think, in terms of his own case. No defense attorney normally allows his client to be interviewed by the press in advance of trial. So yet we have another unorthodox tactic here. The waiver of the preliminary hearing.

And, Kyra, why wait until the last minute to do this? If he really had in mind, I don't want to subject my client to all of this adverse publicity, to this circus atmosphere in Pennsylvania, why wouldn't you advise the court and the prosecutor a week in advance, we're going to waive the preliminary hearing.

It would have avoided the press hoopla and the press conferences that are going on now. So it doesn't sound like a well thought out strategy to me. It sounds like somebody throwing a hail Mary pass at the last minute.

PHILLIPS: It'll be interesting to see how this all develops.

Paul Callan, appreciate your insight this morning. We'll definitely track the story throughout the afternoon.

CALLAN: Nice being with you.

PHILLIPS: Well, funny thing happened on the way to the Iowa caucuses, now just three weeks away. Two candidates looking to make points, well, instead, just make nice.

It was a one-on-one debate over foreign policy and Jim Acosta, you're there in Manchester, New Hampshire. No gotcha moments, no drama, it was like two buddies having a conversation.

JIM ACOSTA, CNN POLITICAL CORRESPONDENT: That's right. It was a heartwarming holiday affair. Just in time for the holidays. It was more nice than naughty, you could say, Kyra. You know this was really billed as a conversation. That's what it said on our press credentials, believe it or not. It didn't say debate.

And that's how it went basically between Newt Gingrich and Jon Huntsman. But let's face it, let's be honest, for the former speaker the real fight is with Mitt Romney.

(BEGIN VIDEOTAPE)

JON HUNTSMAN (R), PRESIDENTIAL CANDIDATE: I agree with Newt completely.

NEWT GINGRICH (R), PRESIDENTIAL CANDIDATE: I strongly concur with the governor.

ACOSTA (voice-over): Built as Lincoln-Douglas style debate, Gingrich versus Huntsman was more a love fest. It was Newty (ph) versus nice. So mild mannered it got mind numbing for one candidate's own family.

HUNTSMAN: Well, I can see my daughter nodding off over there.

GINGRICH: In her defense, she was nodding off while I spoke. ACOSTA: Still Gingrich had time to add to his collection of provocative campaign moments on the subject of Iran.

GINGRICH: I believe we cannot allow them to have a nuclear weapon. Therefore I believe we have to be for regime change. We are not going to tolerate an Iranian nuclear weapon.

ACOSTA: While Huntsman would not go that far.

HUNTSMAN: I would have to agree, all options need to be on the table. And the mullahs in Tehran need to know that all options are on the table and that there are zero ambiguity in terms of what we are prepared to do.

ACOSTA: Gingrich doubled down saying Israel's very survival depended on stopping Iran's nuclear ambitions.

GINGRICH: Am I going to take the risk of presiding over the second holocaust, which would mean for all practical purposes virtually the end of Judaism in the planet.

ACOSTA: That kind of rhetoric might explain why neo-conservative talk and former vice president, Dick Cheney, fondly remembered Gingrich's time as speaker in an interview with CNN's Erin Burnett.

RICHARD CHENEY, FORMER VICE PRESIDENT: He was tenacious and kept it up, and kept it up and kept it up. And finally by '94 he's the newly elected speaker of the House of Representatives with the Republican majority. So I wouldn't underestimate him.

ACOSTA: But the one-on-one debate was no match for the fight between Gingrich and Mitt Romney who said the former speaker should give back some of the money he made advising housing giant Freddie Mac.

UNIDENTIFIED MALE: Do you believe he should give that money back?

MITT ROMNEY (R), PRESIDENTIAL CANDIDATE: Well, I sure do.

ACOSTA: But Gingrich was ready for that one saying Romney should try compensating people he downsized as the head of a private investment firm.

GINGRICH: If Governor Romney would like to give back all the money he's earned from bankrupting companies and laying off employees, over his years at Bain, then I would be glad to then listen to him.

ACOSTA: Romney told "Politico" their battle for the nomination could go on for months and called Gingrich the man to beat.

UNIDENTIFIED REPORTER: Is Newt Gingrich the frontrunner in this race?

ROMNEY: He is right now. ACOSTA: As for Huntsman versus Gingrich, the former speaker repeated his challenge to President Obama for their own series of Lincoln-Douglas debates. The moderator made a familiar wager that would never happen.

UNIDENTIFIED MALE: I'll bet you $10,000 he doesn't show up.

(LAUGHTER)

(END VIDEOTAPE)

ACOSTA: And in the event last night, Newt Gingrich challenged Mitt Romney to run a positive campaign between now and when the voting starts in Iowa and New Hampshire. It's not likely that Mitt Romney will take him up on that offer. He hinted at his own event yesterday that he's going to be running some negative advertising against Newt Gingrich telling the audience at that event there is no -- no niceness in politics that -- you know, there's no whining in politics. Get ready, Newt, it's coming -- Kyra.

PHILLIPS: Jim Acosta in Manchester -- Jim, thanks.

Well, Jon Huntsman is polling near the bottom of the GOP presidential pack, but CNN contributor John Avlon says it's time to give Huntsman a second look. We're going to talk to John right after the break.

And Verizon Wireless sends texts to their customers telling them to take cover now. Details in "Cross Country."

(COMMERCIAL BREAK)

PHILLIPS: Checking stories across country right now.

One of the drivers injured during a shooting rampage in Hollywood has died. John Atterberry, a music executive, was shot in the jaw as he drove through the intersection last Friday. The gunman seen in this amateur video was later shot and killed by police.

And police arrested three students in another hazing incident at Florida A&M University. The alleged victim, a woman, suffered serious injuries. The men are now charged with felony battery and hazing.

Verizon Wireless caused quite a panic yesterday. Some New Jersey customers received texts from the company telling them to take shelter now and warning of a civil emergency. Verizon later said that the message was only a test and apologized for any inconvenience.

Is it the time for Republicans to give Jon Huntsman another look?

(BEGIN VIDEO CLIP)

JON HUNTSMAN (R), PRESIDENTIAL CANDIDATE: So, I like to say, in terms of the big picture, Afghanistan is not our future. Iraq is not our future. The future of this country is really how well-prepared we are to meet the 21st century economic challenges. And they're economic, and they're education and they're going to play out largely over the Pacific Ocean.

(END VIDEO CLIP)

PHILLIPS: Well, CNN contributor John Avlon says, yes. He says Huntsman has substance and he's got credentials.

So, John, why isn't anyone paying attention to him like the others?

JOHN AVLON, CNN CONTRIBUTOR: Well, the big question is whether this says more about Jon Huntsman's campaign or more about the state of the Republican Party. You know, he got attacked as a RINO early on. He had been President Obama's China ambassador. That's a tough sell to a Tea Party crowd.

But if you take a step back and look at his record, first as governor of Utah, cutting taxes and creating a pro-business climate. And then you look at his policy proposals in this campaign. His jobs plan praised by "Wall Street Journal," for example, embracing the Ryan plan, promising to end too big to fail. These are fiscally conservative positions.

So, the key is whether the party is willing to look at the substance over the style. And increasingly, you're seeing members of the conservatives -- you have George Will, our own Erick Erickson, starting to say Huntsman deserves a second look, especially compared to the two frontrunners, Mitt Romney and Newt Gingrich.

PHILLIPS: So, is the White House paying attention?

AVLON: Well, the White House, you know, it's very interesting. Early on, they said the candidate they were most worried about running against was Jon Huntsman. Why? General election electability.

Polls show that, you know, for Jon Huntsman will do very well against President Obama in a general election, because he'd have the ability to reach out and win over the reasonable edge of the opposition. He could connect with the independent voters.

But because Jon Huntsman has been stuck in the single digits nationally, they haven't had to worry about him. Instead, right, Republicans believe that Newt Gingrich is the most electable candidate against Barack Obama and, of course, the White House looks at that with some degree of delight. They're just watching all that play out.

Jon Huntsman has been inching up however in New Hampshire. That's where he's been putting all his stakes. And that's why yesterday's debate was sort of significant.

PHILLIPS: So, what do you think he needs to do now to inch up higher and can he do it?

AVLON: Well, he starts needing to highlight the fact that increasing number of conservatives analysts are saying that he has the most conservative fiscal record in the bunch. You know, polls are showing that over 70 percent of Republican primary voters say this election is all about fiscal issues, not social issues. So, he needs to make a case about electability in the general election and focus on his fiscal conservative credentials and policy record.

Now, the problem is this Republican game of musical chairs we're less than three weeks out from Iowa. This is all happening in real time right now. The question is whether there's enough time to have a critical mass of Republicans give him a second look. But I think he deserves it because in Jon Huntsman, I think you find the perfect balance of electability and ideology.

PHILLIPS: Interesting that you mention musical chairs because music is a big part of the Huntsman family, as you know. And you also know some individuals getting a lot of attention, his daughters. First of all, the tweeting and then the ad spoofs -- well, now, it's all about getting his sexy back. Take a listen.

(VIDEO CLIP PLAYS)

PHILLIPS: I guess if he doesn't make it to the White House, they could definitely start a band.

Do you think the Huntsman daughters are increasing their dad's cool factor, John?

AVLON: I think that's the idea and certainly they've increased his buzz factor. You know, John Huntsman actually was in a rock band called Wizard in the early '80s, which I'm endlessly fascinated about. Huntsman girls are increasing some attention.

But the reality is, of course, it's the substance that deserves the attention of this campaign. The policy substance of the Huntsman campaign deserves respect, and he's gotten respect from some very conservative organizations like "The Wall Street Journal." So, it's an interesting moment for the Republican Party to say, look, do we want a strong center nominee or try to purge anyone who dissents.

Because, you know, I think Huntsman has tried to run sort of a reality-based campaign and not a rhetoric campaign and that should help him the long run. But the current Republican Party's mood is still focused on purging it center-right voices. That creates a problem for Jon Huntsman in the near term. It's a primary problem, less than a general election problem.

PHILLIPS: John, thanks.

Well, coming up, Vladimir Putin is getting some competition in the Russian presidential race. NBA fans might recognize him. He's the billionaire owner of the New Jersey Nets.

(COMMERCIAL BREAK)

PHILLIPS: Well, Vladimir Putin has a challenger in the Russian presidential race. He's Russian billionaire Mikhail Prokhorov, and NBA fans say, hey, we know this guy. He owns the New Jersey Nets.

Zain Verjee here with more details.

Zain, pretty interesting.

ZAIN VERJEE, CNN INTERNATIONAL ANCHOR: Very interesting. It is truly fascinating that he's talking about getting into this race, Kyra. He's one of the richest men in the world, something like $11 billion in assets. He made a lot of it in the metal industry.

But, yes, you're right. Fans are going to be going, wait a minute. We do know that name. He's the owner of the New Jersey Nets basketball team. What's he doing? And does he have a shot?

Many people are wondering whether he can really win. And so, there are really two schools of thought here. One says, well, yes, you know, maybe he's jumping on the bandwagon of a lot of disaffected protesters in Russia. You saw thousands of them gathering in Moscow, as well as right across Russia over the weekend, and maybe he's jumping in on that and wants to cash in and give Putin a real run for his money.

The opposition and the cynics, the opposition who are the cynics also, Kyra, saying that this is just a strategy being used by the Kremlin. He is being used as a Kremlin stooge just to give the appearance that Vladimir Putin is going to have a run for his money and there is some real competition.

So, what they're saying is that he is in the race to draw the voters that would have voted for the opposition away. So, they don't go to Putin and the opposition, but it gives Putin a little bit of an edge.

Jury is still out on what's true and what will happen.

PHILLIPS: Any background in politics at all?

VERJEE: Well, he has had some previous relationship with political parties. He's had a close relationship with the Kremlin.

He did try and get involved with one of the more right-wing parties in Russia, but I think he annoyed everyone and he ended up making himself really unpopular. He does have political ties and he has, you know, worked closely with the Kremlin. But, you know, a bit of a murky operation there over at the Kremlin. So, I think he annoyed a lot of the people there, too.

But he is, you know, someone who is powerful and someone who is very well-known in the country. And he's got a box office name recognition.

So, it will make the race interesting, but he's got to apply as a candidate and that's the massive Russian bureaucracy that he's got to deal with right there. So, it's not official yet. He's just declared his intentions.

PHILLIPS: All right. We'll track it, Zain. Thanks.

(MUSIC)

PHILLIPS: Well, stocks are set to bounce back after yesterday's 160-point loss for the Dow. Alison Kosik is at the New York Stock Exchange to talk more about what investors are keeping an eye on today.

Hi, Alison.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Hi, Kyra, yes. Expect the Dow to rise about 60 points when the opening bell rings in about four minutes. This comes from yesterday's selloff that you mentioned which, no surprise, was partly Europe related.

But like so many times before, the tide has turned. Investors, they're feeling a little more optimistic again this morning.

Retail sales came in for November and they edged up slightly, though. They came in worse than expected, though. October's number was revised up sharply. So, it shows that consumers are continuing to spend their hard-earned cash.

Anticipation headed the Federal Reserve is also going to play into the market action today. The Federal Reserve coming out with the decision later this afternoon. Now, the Central Bank is not expected to make any policy changes, but investors are really going to be reading the tea leaves. They're going to be looking in that policy statement very closely to see if there's any indication of more stimulus on the way -- Kyra.

PHILLIPS: Well, you mentioned hard-earned cash. This is the time of year we have to not forget to tip those who work very hard in various areas for us within our country, right?

KOSIK: Exactly. Yes, the people we just can't live without, right? Some spokesman for the Emily Post Institute and they say the best rule of thumb here is to tip the equivalent of a single service. So, if you're talking about a baby-sitter, it could be a week's pay or what it costs for a single session if you're talking about a personal trainer.

So, the other rule of thumb is to start with those people who are closest to you that do the hardest jobs. You know, the ones who clean those smelly diapers, you know, or somebody who shovels your snow every morning in the winter and then, of course, work your way out as far as the people go.

Now, there's a survey out by Bank Rate that says 70 percent of Americans don't plan to change their tipping habits, even though the economy is still struggling. But another 16 percent say they're going to tip less this year because, oh, yes, money is tight, like it is for a lot of us -- Kyra.

PHILLIPS: You got to give something. That's for sure. Alison, thanks.

KOSIK: Yes.

PHILLIPS: Jerry Sandusky heading to court and immediately heading out. He waived his preliminary hearing in a stunning move this morning. We'll take you inside the courtroom for what happened.

(COMMERCIAL BREAK)

PHILLIPS: Checking top stories now:

A possible revenge attack in Syria. An activist group tells CNN that army defectors killed seven government security forces, payback for the government killing of 11 civilians in two villages.

Four soldiers are dead after two army choppers went down during a training exercise in Washington state. Military says it happened on training grounds inside Joint Base Lewis-McChord. It's not clear yet if they collided.

Speaker John Boehner says that the House could vote today on a tax relief and job creation bill. There's no deal yet on extending the payroll tax cut. Lawmakers go on their holiday break Friday.

Sandusky -- Jerry Sandusky's attorney speaking right now after his client walked in and out of the courtroom waiving his rights at a preliminary hearing.

JOE AMENDOLA, JERRY SANDUSKY'S ATTORNEY: The commonwealth would have had an opportunity to basically recite the allegations in the presentment and filed against Jerry Sandusky in this matter, which would have really left us with the worst of all worlds. We would have heard the allegations without realistically being able to cross- examine the witnesses who testified as to their credibility. And as all of you know, credibility is the main factor in this case.

Credibility is a situation that exists at trial. It's a measure which we can address at trial, but we could not have addressed it today. And had we attempted to, we would have been foreclosed from doing so.

One of the main reasons we wanted to have a preliminary hearing and anticipated having one was because we wanted to be able to cross examine Mike McQueary who was involved in the accusations to accuser number two. As most of you know, the credibility of Mike McQueary was put into question prior to today, with various statements he allegedly has made and we verified the e-mails, but we still have not yet verified the comments allegedly made to Dr. Dranov following whatever Mike McQueary said he saw in a shower room at Penn State University in March of 2002.

Having done that and having realized that Mike McQueary's credibility was already a grave issue, we decided that when we looked at the strategy that we wished to imply in this case, that would make a lot more sense to waive this hearing and proceed with our defense, especially given the fact that we get a concession from the commonwealth to address our pretrial discovery needs and requests at a reasonably fast way so that we can analyze that material more quickly and properly prepare for a trial.

So, again, having said that, we anticipated nothing new coming out of this case by way of our defense and not being able to realistically present a defense or attack any witness' credibility today, we decided late last night at the better part of the tactical maneuver for out standpoint would be to waive today's proceeding being very well-prepared and realizing that we have much of the evidence we would have gained from today's proceeding, without proceeding with it and putting everyone to the task of sitting in court for an entire day's worth of court hearings.

Now, having said that, I'll be happy to answer any questions.

Wait, I want to control this. I can't answer five or 10 questions. I'll take you first.

REPORTER: An attorney who's representing one of the alleged victims went so far today to say he thought it was an act of cowardice to go to this 11th hour to have those alleged victims face the prospect of having to testify to an open court only to pull it away. Why make these decisions at this moment when you could have made it two days ago?

AMENDOLA: Because we did not have meaningful discussions -- we did not have meaningful discussions with the prosecution until yesterday afternoon. And even after we did so, that it was not certain that today's proceeding would be -- would be waived. In response to that particular comment, you know, I always have to chuckle with attorneys who make comments about other attorney's cases when they really don't know all the details. I try not to do that.

So, I'm not going to comment on his comment, but I will say this, but it was the commonwealth who insisted that all the witnesses be here today because they were concerned that Jerry might change his mind and might want a hearing.

So, it wasn't us. As a matter of fact, I told the commonwealth attorney last night he could call off his witnesses and he chose not to do so and I understand that, because if Jerry had come into court today, even though we agreed late last night to waive this hearing, that he would have been stuck with no witnesses, but that's the reason. We did not drag people in the court. In fact, we tried to avoid that.

And in fact -- and, in fact, we tried to be sensitive to everyone. But unfortunately, because of the nature of the legal system, until a defendant actually signs the paperwork and waives his legal process, no one could assume that's going to happen, not even I. He could have come in even though I thought he was going to waive and said at the last minute said, you know what, Joe? I decided I want a hearing.

So, that's the reason why all those folks were available today. It had nothing to do with cowardice or gamesmanship. We would have called it off last night, but unfortunately, because of the process, the prosecution chose not to do that and I understand that.

Anybody else? I'll take men, women. Women, men?

Yes?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: From CNN, Susan Candiotti. Did you flag this to the prosecutors as a possibility last night in your discussions and what all did you discuss with them?

AMENDOLA: Well, what we discussed is that if we were to waive the hearing based upon the realization that a probable cause hearing, which is what a preliminary hearing is, there is a really low threshold of proof for the commonwealth. All they have to do is establish the element of the offenses that case held for court on those charges. So, realizing that and realizing credibility was not going to be an issue when, in fact, the prosecutor, and I think correctly stated that he would object to any questions I wanted to ask about credibility.

And having given that information, we talked about if we waived a hearing would they facilitate discovery, for example. Would they agree to maintain bail where it is, for example, because I think most of you realize that a client who's not incarcerated is a heck of a lot more valuable to his attorneys in terms of preparing his defense than an attorney who is in jail.

So, we made those agreements and based upon those agreements, we decided that we would waive the hearing today.

PHILLIPS: That's our Susan Candiotti that just asked Joe Amendola that question, Jerry Sandusky's attorney, as he's holding a live news conference right now. If you're just joining us, to bring you up to date, it was a pretty stunning development early this morning when we thought Jerry Sandusky was going to testify possibly in his preliminary hearing. Instead, he walked into the courtroom and waived his right to that hearing and now you see what has happened since then.

We're going to continue to talk about this with our Susan Candiotti, who is there right now in that live news conference. And also CNN contributor, Sara Ganim, she's there as well. You may remember she's the crime reporter for "Patriot News" who's been on top of this story from the very beginning. She's got reaction from the attorneys representing the alleged accusers.

We're going to take a break. More from the CNN NEWSROOM straight ahead.

(COMMERCIAL BREAK)

PHILLIPS: Well, this morning, a stunning development in the child sexual abuse investigation at Penn State.

(BEGIN VIDEO CLIP)

JERRY SANDUSKY, FORMER PENN STATE COACH: To stay the course to fight for four quarters. We'll have the opportunity to present our side.

AMENDOLA: And we couldn't do that today.

REPORTER: Why not? Tell me why the preliminary hearing?

AMENDOLA: I'll come back and answer your question.

REPORTER: And, Mr. Sandusky, are you looking forward to facing --

REPORTER: Jerry, do you still maintain your innocence?

(END VIDEO CLIP)

PHILLIPS: And Jerry Sandusky's attorney did come back to the mikes and that's where he is right now, he's actually holding a live news conference. We are monitoring that for you.

CNN contributor Sara Ganim is also there outside the courthouse. She's the crime reporter for "the Patriot News." She's been on top of this story from the very beginning.

So, Sara, you actually had a chance to talk to some of the attorneys representing these alleged accusers, correct?

SARA GANIM, CNN CONTRIBUTOR: That's right. You know what they were saying was that, you know, their clients are relieved that they didn't have to be here today. However, one attorney went as far as to call Jerry Sandusky and his attorney cowards for bringing them to the courthouse this morning and then not going through with the hearing. Not being able to face their accuser, his accusers and for that he called him a coward.

He also speculated, the attorney for victim six also speculated that possibly Jerry Sandusky wanted to see his boys, now men, would go ahead with testifying against Jerry Sandusky. Would go ahead with the accusations and once it was clear to him that they were going to go through with it, they did stand strong and maybe they would be perceived as very credible -- those were the words of victim six's attorney that he decided not to go through with it.

Afterwards, Jerry Sandusky did tell some members of the media that it wasn't over, that he was fighting for his innocence and his attorney chimed in and said this wasn't the right time.

And behind me, you can see that Joe Amendola is still talking to members of the media and kind of reiterated that saying that, you know, this would have been a one-sided proceeding because he can't attack the credibility of those alleged victims, so they would have been telling their side of the story, with essentially very little to no defense and that was why they decided not to go through with it, even though he did say that they really debated it but they decided late last night and they told prosecutors that they were going to waive.

PHILLIPS: So, now, this case just goes straight to trial, right?

GANIM: Now, this case is going to trial, January 11th, Jerry Sandusky does have a formal arraignment. That is kind of a procedural type of hearing. Most people waive that. They don't come in and show up for it.

So, you know, the next stage in this is setting a trial date after that January 11th arraignment. We should have a tentative trial date at that point.

PHILLIPS: Sara Ganim with the developing news out of the Jerry Sandusky case, Sara thanks so much.

And coming up, what it means to be poor in the wealthiest country in the world. A new op-ed at CNN.com tackles poverty, Newt Gingrich's work ethic and the real American Dream.

(COMMERCIAL BREAK)

PHILLIPS: So, we're the wealthiest country in the world and still we had more than 46 million people living in poverty last year. Clearly, the economy's got a way to go.

But in the meantime, L.Z. Granderson wants everybody to know, "Poor is Not a Four-Letter Word". That's the title of his latest op- ed on CNN.com. L.Z. what is it about your personal story that gives you insight into this? And why write about it now?

L.Z. GRANDERSON, CNN.COM CONTRIBUTOR: Well, I have been thinking about writing this piece for a couple of months, actually. And then Newt Gingrich's comments about poor people as well as Herman Cain's comments about poor people kind of pushed it a little bit further. And then this past weekend I was noticing my own behavior around people that I perceived to be poor.

And I thought it was an important time to talk about our attitudes towards poor people because we're also looking at the budget and finding ways in which we can cut the deficit. And I was thinking it's important that we don't forget that poor doesn't necessarily mean you're a bad person or that you had a bad work ethic, it just means that you don't have as much money as some other people in this country.

PHILLIPS: Well, you mentioned Newt Gingrich. You know he's the man rising in the GOP polls right now. He made those comments that made headlines. As a matter of face the quote is "Really poor children in really poor neighborhoods have no habits of working and have nobody around them that works". What do you say to Newt?

GRANDERSON: well, you know, the same thing I said last week in that you know basically you're a jerk, Newt, because, you know, my neighborhood was very poor. I grew up on government cheese and we needed food stamps to help survive, but, you know, my folks worked their butts off. They worked overtime. But we were still poor.

But I saw a strong work ethic and my story is not unique. You know in the piece I talk about Howard Shultz, the CEO of Starbucks. He grew up in the projects of Brooklyn. Look at President Clinton he grew up poor in Arkansas.

Our entire country's history is based upon the hard work of poor people. And so to just throw us under the bus because we're under a financial crisis, it's just -- it means he's disconnected to what the backbone of this country really is.

PHILLIPS: Well and the American Dream, it sounds like you and I both have a favorite classic and that's "Lord of the Flies."

GRANDERSON: Absolutely. You know, we're barreling towards that place you know where, you know, its kill or be killed and I think with so many people looking for work and I saw statistics that talked about one in 45 American children that are homeless so we need more compassion, not more fear.

PHILLIPS: L.Z., thanks so much. I appreciate you.

GRANDERSON: Thank you.

PHILLIPS: L.Z.'s piece is at cnn.com/opinion.

GRANDERSON: Thank you.

PHILLIPS: If you like, you can join the conversation and leave a comment for him.

(COMMERCIAL BREAK)

PHILLIPS: Well, stories making news later today.

At 11:30 Eastern, Iraqi Prime Minister Nouri Al-Maliki visits the U.S. Chamber of Commerce. He's trying to sell U.S. businesses on the opportunities in his nation.

At 2:15 Eastern, the Federal Reserve announces its decision on interest rates, the policymakers are expected to hold firm.

And beginning tonight at 7:00 Eastern, movie fans and jewelry collectors will have a chance to bid on Elizabeth Taylor's gems. Christie's expect the pieces fetch them $30 million.

Also ahead next hour, we go in-depth on the Iraq war and its effects on the people who fought it. I'll get a chance to revisit a mother who is still fighting battles in her mind.

(BEGIN VIDEO CLIP)

PHILLIPS (voice-over): June Moss and her 15-year-old daughter Brianna are tight -- laughing, dancing, healthy competition.

JUNE MOSS SUFFERS FROM PTSD: I'm beating you, Bri.

PHILLIPS: But just five years ago this almost ended.

(on camera): When you attempted suicide --

(CROSSTALK)

MOSS: Yes.

PHILLIPS: -- by cutting your wrists.

MOSS: Yes.

PHILLIPS: And what you told me about your kids and what they said to you --

MOSS: I remember the ambulance came and my kids asked me, "Mommy, why did you do that?" And the only thing I could say at the time was "I had a bad day."

That was one, a stupid mistake. Two, I thank God that I wasn't successful.

PHILLIPS: What do you do now when you have a bad day?

MOSS: Well, I try to limit those bad days for one.

(END VIDEO CLIP)

PHILLIPS: And the good news is she's winning her battle with PTSD, but it hasn't been easy. And with the war almost over, thousands of returning veterans could find themselves in her shoes.

Next hour in-depth on our women in uniform and PTSD.

(COMMERCIAL BREAK)

PHILLIPS: I'm not sure what Jack Hannah would say, but in this case the Seahawk is higher than the Ram on the food chain, at least when we are talking about the NFL, Jeff Fischel.

JEFF FISCHEL, HLN SPORTS: That's right. It's the animal kingdom in the NFL. The Seahawks did keep their playoff hopes alive last night by feeding the beast for some special team's specialness. The Seahawks come charging in and block the punt. Michael Robinson says, thank you very much. He scoops it up and takes it in the end zone for the touchdown.

Seattle built the lead and put the game away by feeding, yes, the beast. The beast is running back Marshawn Lynch. He runs so hard. His ninth straight game with a touchdown and he always eats Skittles after he scores. They start flying onto the field. He was pelted with Skittles. They love him so much in Seattle. Seattle won 30-13; they've won for their last fight.

Prosecutors may press charges for Saturday's college basketball fight between Xavier and Cincinnati. They are taking a close look at this tape, the big blow. Cincinnati's Yancy Gates blindsided Xavier's Kenny Freeze. Gates gave a tearful apology yesterday.

(BEGIN VIDEO CLIP)

YANCY GATES, UNIVERSITY OF CINCINNATI: I'm not that type of person, you know. A lot of people have been calling me a thug, a gangster.

(END AUDIO CLIP)

FISCHEL: Four players from each team were suspended. Gates and two of his teammates got the longest penalty, six games apiece.

A high school football player made a move so incredible people are comparing it to something you would see in the Matrix. check out Petey Williams on his Punt return. He plays for Rolesville in Wake Forest, oh my goodness. North Carolina, this was posted on a recruiter's Web site. Seriously, watch him kind of bend over backwards to avoid the tackle. How do you do that. That is making the round on the Internet tubes.

All right Kyra. I know you follow Tim Tebow on every comeback he's made for the Broncos. Check out Jay Leno who thinks he has definitely got some divine intervention working for him.

(BEGIN VIDEO CLIP)

JAY LENO, TALK SHOW HOST: You know, some people say Tebow has been waiting because God is on his side, have you heard that? I didn't believe it until yesterday. Show the play I'm talking about in slow motion. Watch what happens here. Watch what happens here. There he goes. You see -- did you see? I don't know.

(END VIDEO CLIP)

FISCHEL: I missed that the first time when I was watching the game. I missed that, but clearly that's a key to the Bronco's success. They are 6-1 with Tebow as the starting quarterback. Not too bad, they are in first place in the AFC West. It doesn't hurt when you have a little extra help.

PHILLIPS: Oh, yes, indeed. And it works for him, that's for sure. Thanks, Jeff.

FISCHEL: Absolutely.

PHILLIPS: All right.