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CNN Live Saturday

Vice President Undergoing Tests Due To Shortness Of Breath; Police, Pilots Train With Tasers

Aired November 13, 2004 - 14:30   ET

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

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


FREDRICKA WHITFIELD, CNN ANCHOR: Back now to more of our top story. 63-year-old Vice President Dick Cheney has a history of heart problems and right now, he is undergoing some testing at George Washington University Hospital just a few blocks away from the White House after experiencing some shortness of breath. We get the latest now from our White House correspondent John King who's on the telephone with us. What is the latest John?
JOHN KING, WHITE HOUSE CORRESPONDENT (via telephone): Fred I just spoke a few moments ago to Mary Madeline who is the political advisor to the vice president. She says she spoke to him at about 11:00 this morning and he said he had shortness of breath that he believes is associated with a cold he's had since a hunting trip he took last week after the election. As a precaution, Cheney's long time cardiologist Jonathan Reiner (ph) suggested he come to GW Hospital because he does have a history of heart disease for some tests. Lynne Cheney is with the vice president as well as his daughter Liz, and Mary Madeline and other people who are at the White House telling us they believe the vice president has a cold and has a related shortness of breath. But again given his history of heart disease, they thought it best he have these tests, that they are expected to release a statement on the outcome of those tests later in the day once tests are completed at GW Hospital.

WHITFIELD: So according to that conversation, Mary says it was made clear that he just experienced for the first time the shortness of breath this morning. Not necessarily a week ago when he was on that hunting trip and throughout the week.

KING: I'm sorry. She said, no, the pheasant hunting trip he takes this every year to South Dakota. She says when he came back he had a bit of a cold. He appeared to have picked that up on the hunting trip. We saw him yesterday he was at the President's press conference with the British Prime Minister Tony Blair sitting with other top White House officials listening to that press conference. He looked fine, was joking with Peter Abes (ph) and bantering with reporters a bit. He has complained of a bit of a cold in recent days but only this morning did he suffer a bit of a shortness of breath.

Again, as a precaution because of his history, they thought it best he get a battery of tests. Mary Madeline and others at the White House all saying that they assume this is no big deal, they're just being extra careful.

WHITFIELD: Got you. All right White House correspondent John King, thanks so much for that update on the telephone from the nation's capital on the vice president's condition.

In the battle for Fallujah, U.S. and Iraqi forces move closer to securing the city. A top Iraqi official says only pockets of the city remain under insurgent control now. And Fallujah's General Hospital has reopened after being shut down during the week long offensive. Meanwhile, the death toll rises. Officials say at least 22 U.S. troops, five Iraqi troops, and 1,000 insurgents have been killed in the military operation.

One Iraqi official says efforts to secure the city of Fallujah are almost finished. Some insurgents have surrendered. Others are fighting to the death. How hard will it be to round up the remaining hardcore insurgents? Retired marine corps major General Terry Murray is here to add some insight on what's happening on the ground in Fallujah. And I imagine Major part of the problem is they still are not really sure how many insurgents they're dealing with.

MAJOR GENERAL TERRY MURRAY, CNN MILITARY ANALYST: That's right Fredricka. They estimate at the start of the battle potentially up to 6,000. Then they lowered that figure, maybe 1,000, maybe 2,000, maybe 3,000. If the coalition forces have in fact killed about 1,000, I would expect as they begin to minimize the maneuver space that the insurgents have, and they corral them in certain pockets throughout the city, we'll get a better idea how many are actually remaining inside of Fallujah.

WHITFIELD: And when this Iraqi official says they are almost finished, translate that into U.S. military speak, which might not necessarily mean the mission as a whole is over, does it?

MURRAY: Absolutely not. What he means, I believe, is that this conventional phase of urban combat is almost completed. In that we think that the coalition forces have eliminated most of the insurgents inside the city. Allowing that expectation, there could be several hundred or more insurgents still in the city. The fact is, however, that even after the city is taken, I would expect the coalition forces will then begin a very careful, methodical effort to go back through the entire city and ensure that the insurgents did not also go underground inside of Fallujah.

WHITFIELD: Would some of the same U.S. troops, particularly the U.S. Army and the marines, be among the same ones who would end up having to police the city once the battle is over, but just for the roles of security in Fallujah?

MURRAY: Very good question. I think that while the fighting has been very intense, particularly in the last 24 hours, I would argue that the easy phase or the easier phase of this operation is nearing completion. It could take a few days or a couple weeks yet to clear out pockets of resistance in and around Fallujah. But what will really be difficult is when roughly 250,000 people return to the people, if in fact they return, and repopulate their homes and their places of work.

Because once that takes place, then the insurgents have the opportunity to blend back in with the civilians. And one of the real advantages that we've had in this coalition effort that's been under way for about five days now is that the city has been almost barren of civilians. And consequently, the coalition forces have been able to engage targets much more easily without having to determine whether they were civilians or in fact terrorists or insurgents.

WHITFIELD: And it will be difficult when they those civilians return too, whether they will be embracing the coalition forces, the Iraqi forces, or whether they will think the ones who have won their hearts and minds are the insurgents.

MURRAY: This is a Sunni city, as we all know. One of the reasons that the insurgents were able to survive there, in fact even thrive there setting up a shadow government, is because they had aid and comfort from the Sunni population. And so one of the real challenges when the civilians come back into Fallujah will be to try to continue to exert control over a city of 250,000 people with I would expect insurgents once again blended in among them. But we hope not to the extent that has been the case previously.

WHITFIELD: Retired marine corps Major General Terry Murray, thanks so much for joining us.

MURRAY: Thank you Fredricka.

WHITFIELD: Well police regularly use taser guns to subdue suspects. But should the same force have been used on a 6-year-old boy? Officers facing criticism for their actions straight ahead.

And this program reminder on a live edition of "Capital Gang" tonight. Senator-elect John Thune talks about his defeat of minority leader Tom Daschle that is at 7:00 p.m. Eastern here on CNN.

(COMMERCIAL BREAK)

WHITFIELD: An update on our top story. Vice President Dick Cheney is at a Washington, D.C. hospital undergoing some test following complaints of shortness of breath. The vice president has a history of heart problems. Republican strategists Mary Madeline tells our John King the vice president expressed feeling a shortness of breath at about 11:00 a.m. this morning. And then he was taken to the hospital where he is undergoing tests but it is not clear whether he's being admitted into GW University Hospital. Cheney is 63 years old and has had four heart attacks since 1978 when he was the age of 37.

Miami Dade police are getting a lot of criticism today after a stun gun was used to subdue a first grader. National correspondent Susan Candiotti has the story.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice over): A five second, 50,000 bolt volt from a Taser can drop a full grown man in a heartbeat. It does the same to a 6-year-old child. Three weeks ago police Tasered this boy in a Miami area public school.

DET. JUAN DEL CASTILLO, MIAMI DADE POLICE: It caused no injury to him, no injury to anybody else it stopped the situation.

CANDIOTTI: A Miami Dade police report describes the youngster as mentally disturbed, highly agitated, and smearing blood over his face. Miami Dade police say the first grader was holding a security guard at bay with a piece of glass.

CANDIOTTI (on camera): According to the police report, at least four adults were there. A school resource officer, a security guard, and two police officers. One of the two officers says the report called a superior and got clearance to Taser the 6-year-old boy.

CANDIOTTI (voice over): When they did that to him, says the boy's great grandmother, he fell to the floor and vomited. Police defend their actions.

CASTILLO: Our main concern was that he was going to hurt himself with that piece of glass.

CANDIOTTI: A police official who did not want to be identified called Tasering a 6-year-old unbelievable.

UNIDENTIFIED FEMALE: They could have restrained him with their hands or any other thing, not with that.

CANDIOTTI: Parents and child advocates are demanding answers.

BENJAMIN JEALOUS, AMNESTY INTERNATIONAL: Why four grown-ups couldn't have swarmed that kid and restrained him doesn't make any sense.

CANDIOTTI: It's bad, says the boy's great grandmother. The police were only doing their job. Then she adds but they made a mistake. Tasers are being used in schools nationwide. In rural Putnam County Florida, Tasers deployed five times this year in middle and high schools.

JAMAL CURTIS, TASERED STUDENT: It felt bad it was -- it's just like down right pain.

CANDIOTTI: Jamal Curtis and his sister, honor roll students, among those jolted for alleged violent behavior. School officials insist Tasers are less harmful than batons and pepper spray.

KAREN HUGHES, PRINCIPAL PALATKA H.S: If they're not going to respect authority and do what they're asked to do, force sometimes has to be used.

CANDIOTTI: Taser International maintains its weapons are tested as the safest way to subdue anyone who weighs at least 60 pounds. But they remain a controversial way of policing children, especially those of a tender age.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE) WHITFIELD: Scott Peterson's jury took just a few hours to find him guilty. What does the quick verdict mean to the defense, and could Scott take the stand during his sentencing? We'll discuss those points with our "Legal Roundtable" team coming up.

(COMMERCIAL BREAK)

WHITFIELD: Prosecutors rather showed Scott Peterson was a liar, a cheat, and an all-around lousy husband. But some critics say the proof wasn't there to convict him of murder which the jury did Friday. Let's talk to our legal experts about the verdict and what comes next. We're joined by law professor and civil rights attorney Avery Freidman, good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi Fredricka.

WHITFIELD: And New York criminal defense attorney Richard Herman. Hello to you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi Fred. How are you?

WHITFIELD: I'm doing pretty good. All right you guys, seven days of deliberations and then another juror dismissal. Then they restart deliberations and hours later, they come up with a guilty verdict. Richard, you have to be the most shocked because you really saw that this looked like it was heading toward a hung jury.

HERMAN: Well the learned thought and speculation was that this would be a hung jury, especially this week, especially when two jurors were relieved during jury deliberations. I mean, that's basically unheard of. And I saw the prosecution's own jury consultant Wednesday on television. He had his hands up in the air basically conceding that he no way thought this was going to come back with a verdict. It was stunning. It was stunning on Friday. And the verdict itself finding first degree murder against Laci and second degree against the unborn child, I mean, that alone is an appellate issue.

Obviously the jury didn't understand the jury instructions. There are a slew of appellate issues in this case. Granted, not many appeals are victorious. But here, this is a murder case, and the jury has made their views known to everyone. This was a flash verdict on Friday. This new juror came on and the judge said, OK start from the beginning. And like you said Fred a few hours later bang. Guilty verdict. First degree. Unbelievable.

WHITFIELD: And Avery do you see another potential appellate issue being that Geragos, Mark Geragos, might argue that the judge dismissed what could have been defense-friendly jurors?

FRIEDMAN: Well Fredricka I think the issue here is -- and I had actually predicted, I have been predicting the conviction. But I was troubled the way it got there. The most intellectual juror on this jury was Greg Jackson, who had both, if you remember, the medical degree Fredricka and the law degree. He was very careful in taking notes. He was very deliberate. Even notwithstanding that, I still thought we were looking at a conviction. But once he got knocked off, and they moved the fireman up, seven hours later, that's very troubling. They took an oath to consider the evidence with care. I don't know how you do that after seven hours.

WHITFIELD: The reason why the judge dismissed the attorney/doctor, really is in sealed documents. But apparently that will be revealed at some point. Might Mark Geragos and other attorneys on the defense team be chomping at the bit, waiting to see Richard what they can do with this case, if there is grounds for appeal?

HERMAN: There are a lot of grounds for appeal. Whether they'll win is another issue. But with respect to this number five, the lawyer/doctor, there was a new story going around last night from a reporter in Modesto who said basically he told the judge he felt threatened by the other jurors, that he wanted to meticulously go through the evidence and they did not want to do that. He felt they were looking to make book deals and looking to give a verdict for the public rather than examine the facts of the case. If he feels he was threatened, that's a major issue on appeal.

WHITFIELD: Avery.

FRIEDMAN: That's conjecture. Now, what everyone is going to know is when this case goes on appeal, and it will, of course, we're going to know what's in that transcript. What's in that record Fredricka about what juror number five had to say. Indeed, actually I agree with Richard, I think if we have jury intimidation, that's an issue. The Judge DeLucey (ph) did it right. He urged the jurors to please reconsider. So I want to know what's in that transcript, what happened in chambers. Indeed, that may very well be an important issue on appeal.

WHITFIELD: But if it's unusual to have a successful appeal on a case like this, isn't it also unusual to get a conviction on circumstantial evidence on a first degree murder case?

FRIEDMAN: Well, no. I mean murder convictions are obtained literally every day in this country based on circumstantial evidence. I think credit has to go to Rick Distaso who was very successful in weaving to this jury the so-called 41 facts and then talking realistically, Scott Peterson may have been a liar, is he a murderer? No but he's in the race. I think putting it together was the best thing that this prosecution team did in five and a half months.

WHITFIELD: So Richard, might it have been -- might the prosecution have won this case without the testimony of Amber Frey? Is that what sealed the deal for them? I think we're having something problem with audio. We can't hear Richard. Avery, what do you think about that?

FRIEDMAN: I think Amber Frey was frankly a lot of nothing. All it showed is that he was a liar. We knew about that. A lot of people touted her testimony. All we learned --

WHITFIELD: But it looks like the prosecution won almost on -- since it was circumstantial evidence, because people ended up not liking him because they learned a lot about him through Amber Frey. FRIEDMAN: Exactly right. But Fredricka they didn't like him for a lot of reasons. All Amber Frey's testimony did was show was an absolute bum this guy was. It added on to the problem of his credibility. There were predictions you were going to see him on the stand. No responsible experienced lawyer dreamt that they would ever see him on the stand, nor Fredricka are we going to see Scott Peterson take the stand on the 22nd the week of November 22, when we get to the penalty phase.

WHITFIELD: You think that is unlikely don't you?

FRIEDMAN: Oh it's in the going to happen. He can't express remorse. He's got to appeal. It's not going to happen.

WHITFIELD: All right Avery Friedman and Richard Herman, silenced only because of technical problems. We know Richard has a lot to say and we'd love to hear it. Thanks to both of you, appreciate it.

FRIEDMAN: Take care.

WHITFIELD: Other news making headlines across America now. A surprise in the piñata for inspectors along the U.S./Mexican border. While searching a car they found a little girl inside this piñata. The 4 or 5-year-old was sealed inside but she could breathe. The girl's mother and brother were also hidden in the car. The family was deported back to Mexico.

The paparazzi fights back. Two photographers are suing actress Cameron Diaz and singer Justin Timberlake. Saying the couple taunted and attacked them. Diaz and Timberlake haven't commented on the suit but earlier said they were ambushed on a dark street and acted in self-defense.

And two dogs who were truly man's best friend. Steve Gossly suffered a stroke and wasn't able to get to his car while hunting in Rhode Island. But his Labrador retrievers Lily and Jack stayed and kept him warm as the temperatures dropped into the teens. The next morning Jack found another hunter who called for help. Gossly is now recovering.

And what a difference 60 years can make. It's a tropical paradise today but this Pacific Island was once the scene of a blood bath. A reunion between the soldiers who once were enemies when we come back.

(COMMERCIAL BREAK)

WHITFIELD: South of the Philippines lies the tiny Pacific island of Pelellu, it was the site of one of the bloodiest battles of World War II, 1,200 American dead, 10,000 Japanese. Now 60 years later veterans of that fight return to Pelellu to remember and forgive. Here's CNN's Mike Chinoy.

(BEGIN VIDEOTAPE)

MIKE CHINOY, CNN CORRESPONDENT (voice over): A tropical paradise today. 60 years ago, it was hell on earth. Pelellu, historians say, was probably the single most savage battle of the entire Pacific War. Some U.S. marine units took 70 percent casualties. Virtually the entire Japanese garrison was wiped out.

GENE GOODWIN, VERTERAN: It's very real. These guys caught the roughest part here.

CHINOY: Gene Goodwin was one of the handful of veterans who returned for the anniversary to the beach where he landed. Old and gray now, but the memories still fresh.

LEO GRIEGO, VERTERAN: Japanese were waiting for us with machine guns. All I saw was a big crater and I dove right into that crater. And maybe four, five hours, that's when I got hit.

CHINOY: The Japanese made their last stand in a network of hundreds of caves carved out of the limestone ridges just off the beach.

CNINOY (on camera): Hunkered down in these caves, the Japanese inflicted horrendous casualties on the Americans. Today, you can still see the debris of that hellish time. Canteen, bowl, ammo clip, rusted hand grenade that's still live by the way. The Japanese were under orders to fight to the last man. And to take as many Americans with them as possible. Men like Joe Clapper and Gene Goodwin saw comrades fall around them.

JOE CLAPPER, VETERAN: We lost probably half or more of our platoon between the beach and here. That's mainly why I came.

CHINOY: A sense of loss echoing through the decades for both sides. Nearly 11,000 Japanese died in the battle. Just 200 survived. Few Ktyokamu Tsuchida (ph) hid in the jungles for two years after the fighting ended. Refusing to surrender. Unaware the war was over. Now, united by the nightmare they shared, these aging veterans come together at a ceremony of commemoration and reconciliation.

KTYOKAMU TSUCHIDA (ph), VETERAN (translator): I am overwhelmed. I fought against these men. I never thought I would meet them. It's a miracle.

CHINOY: Ghosts stretching back more than half a century, finally being laid to rest. Mike Chinoy, CNN, Pelellu.

(END VIDEOTAPE)

WHITFIELD: Much more ahead on CNN SATURDAY. At the top of the hour it is " Next@CNN" at 4:00 an encore presentation of Paula Zahn in-depth interview with Dr. Bill Cosby. Hear what the comedian has to say about the state of the nations African American youth and why it has some crying foul over his statements. And then at 5:00 "People in the News" profiles the late Yassar Arafat. But first Daniel Sieberg with a preview of " Next@CNN"

DANIEL SIEBERG, CNN CORRESPONDENT: Ahead on "Next @ CNN" did electronic voting open the doors to fraud and cheating on November 2? We will check out some of the theories. And a pristine Canadian forest 12 times the size of California faces an uncertain future. Thos stories and a lot more are coming up right after a check of the headlines from the CNN newsroom.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired November 13, 2004 - 14:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Back now to more of our top story. 63-year-old Vice President Dick Cheney has a history of heart problems and right now, he is undergoing some testing at George Washington University Hospital just a few blocks away from the White House after experiencing some shortness of breath. We get the latest now from our White House correspondent John King who's on the telephone with us. What is the latest John?
JOHN KING, WHITE HOUSE CORRESPONDENT (via telephone): Fred I just spoke a few moments ago to Mary Madeline who is the political advisor to the vice president. She says she spoke to him at about 11:00 this morning and he said he had shortness of breath that he believes is associated with a cold he's had since a hunting trip he took last week after the election. As a precaution, Cheney's long time cardiologist Jonathan Reiner (ph) suggested he come to GW Hospital because he does have a history of heart disease for some tests. Lynne Cheney is with the vice president as well as his daughter Liz, and Mary Madeline and other people who are at the White House telling us they believe the vice president has a cold and has a related shortness of breath. But again given his history of heart disease, they thought it best he have these tests, that they are expected to release a statement on the outcome of those tests later in the day once tests are completed at GW Hospital.

WHITFIELD: So according to that conversation, Mary says it was made clear that he just experienced for the first time the shortness of breath this morning. Not necessarily a week ago when he was on that hunting trip and throughout the week.

KING: I'm sorry. She said, no, the pheasant hunting trip he takes this every year to South Dakota. She says when he came back he had a bit of a cold. He appeared to have picked that up on the hunting trip. We saw him yesterday he was at the President's press conference with the British Prime Minister Tony Blair sitting with other top White House officials listening to that press conference. He looked fine, was joking with Peter Abes (ph) and bantering with reporters a bit. He has complained of a bit of a cold in recent days but only this morning did he suffer a bit of a shortness of breath.

Again, as a precaution because of his history, they thought it best he get a battery of tests. Mary Madeline and others at the White House all saying that they assume this is no big deal, they're just being extra careful.

WHITFIELD: Got you. All right White House correspondent John King, thanks so much for that update on the telephone from the nation's capital on the vice president's condition.

In the battle for Fallujah, U.S. and Iraqi forces move closer to securing the city. A top Iraqi official says only pockets of the city remain under insurgent control now. And Fallujah's General Hospital has reopened after being shut down during the week long offensive. Meanwhile, the death toll rises. Officials say at least 22 U.S. troops, five Iraqi troops, and 1,000 insurgents have been killed in the military operation.

One Iraqi official says efforts to secure the city of Fallujah are almost finished. Some insurgents have surrendered. Others are fighting to the death. How hard will it be to round up the remaining hardcore insurgents? Retired marine corps major General Terry Murray is here to add some insight on what's happening on the ground in Fallujah. And I imagine Major part of the problem is they still are not really sure how many insurgents they're dealing with.

MAJOR GENERAL TERRY MURRAY, CNN MILITARY ANALYST: That's right Fredricka. They estimate at the start of the battle potentially up to 6,000. Then they lowered that figure, maybe 1,000, maybe 2,000, maybe 3,000. If the coalition forces have in fact killed about 1,000, I would expect as they begin to minimize the maneuver space that the insurgents have, and they corral them in certain pockets throughout the city, we'll get a better idea how many are actually remaining inside of Fallujah.

WHITFIELD: And when this Iraqi official says they are almost finished, translate that into U.S. military speak, which might not necessarily mean the mission as a whole is over, does it?

MURRAY: Absolutely not. What he means, I believe, is that this conventional phase of urban combat is almost completed. In that we think that the coalition forces have eliminated most of the insurgents inside the city. Allowing that expectation, there could be several hundred or more insurgents still in the city. The fact is, however, that even after the city is taken, I would expect the coalition forces will then begin a very careful, methodical effort to go back through the entire city and ensure that the insurgents did not also go underground inside of Fallujah.

WHITFIELD: Would some of the same U.S. troops, particularly the U.S. Army and the marines, be among the same ones who would end up having to police the city once the battle is over, but just for the roles of security in Fallujah?

MURRAY: Very good question. I think that while the fighting has been very intense, particularly in the last 24 hours, I would argue that the easy phase or the easier phase of this operation is nearing completion. It could take a few days or a couple weeks yet to clear out pockets of resistance in and around Fallujah. But what will really be difficult is when roughly 250,000 people return to the people, if in fact they return, and repopulate their homes and their places of work.

Because once that takes place, then the insurgents have the opportunity to blend back in with the civilians. And one of the real advantages that we've had in this coalition effort that's been under way for about five days now is that the city has been almost barren of civilians. And consequently, the coalition forces have been able to engage targets much more easily without having to determine whether they were civilians or in fact terrorists or insurgents.

WHITFIELD: And it will be difficult when they those civilians return too, whether they will be embracing the coalition forces, the Iraqi forces, or whether they will think the ones who have won their hearts and minds are the insurgents.

MURRAY: This is a Sunni city, as we all know. One of the reasons that the insurgents were able to survive there, in fact even thrive there setting up a shadow government, is because they had aid and comfort from the Sunni population. And so one of the real challenges when the civilians come back into Fallujah will be to try to continue to exert control over a city of 250,000 people with I would expect insurgents once again blended in among them. But we hope not to the extent that has been the case previously.

WHITFIELD: Retired marine corps Major General Terry Murray, thanks so much for joining us.

MURRAY: Thank you Fredricka.

WHITFIELD: Well police regularly use taser guns to subdue suspects. But should the same force have been used on a 6-year-old boy? Officers facing criticism for their actions straight ahead.

And this program reminder on a live edition of "Capital Gang" tonight. Senator-elect John Thune talks about his defeat of minority leader Tom Daschle that is at 7:00 p.m. Eastern here on CNN.

(COMMERCIAL BREAK)

WHITFIELD: An update on our top story. Vice President Dick Cheney is at a Washington, D.C. hospital undergoing some test following complaints of shortness of breath. The vice president has a history of heart problems. Republican strategists Mary Madeline tells our John King the vice president expressed feeling a shortness of breath at about 11:00 a.m. this morning. And then he was taken to the hospital where he is undergoing tests but it is not clear whether he's being admitted into GW University Hospital. Cheney is 63 years old and has had four heart attacks since 1978 when he was the age of 37.

Miami Dade police are getting a lot of criticism today after a stun gun was used to subdue a first grader. National correspondent Susan Candiotti has the story.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice over): A five second, 50,000 bolt volt from a Taser can drop a full grown man in a heartbeat. It does the same to a 6-year-old child. Three weeks ago police Tasered this boy in a Miami area public school.

DET. JUAN DEL CASTILLO, MIAMI DADE POLICE: It caused no injury to him, no injury to anybody else it stopped the situation.

CANDIOTTI: A Miami Dade police report describes the youngster as mentally disturbed, highly agitated, and smearing blood over his face. Miami Dade police say the first grader was holding a security guard at bay with a piece of glass.

CANDIOTTI (on camera): According to the police report, at least four adults were there. A school resource officer, a security guard, and two police officers. One of the two officers says the report called a superior and got clearance to Taser the 6-year-old boy.

CANDIOTTI (voice over): When they did that to him, says the boy's great grandmother, he fell to the floor and vomited. Police defend their actions.

CASTILLO: Our main concern was that he was going to hurt himself with that piece of glass.

CANDIOTTI: A police official who did not want to be identified called Tasering a 6-year-old unbelievable.

UNIDENTIFIED FEMALE: They could have restrained him with their hands or any other thing, not with that.

CANDIOTTI: Parents and child advocates are demanding answers.

BENJAMIN JEALOUS, AMNESTY INTERNATIONAL: Why four grown-ups couldn't have swarmed that kid and restrained him doesn't make any sense.

CANDIOTTI: It's bad, says the boy's great grandmother. The police were only doing their job. Then she adds but they made a mistake. Tasers are being used in schools nationwide. In rural Putnam County Florida, Tasers deployed five times this year in middle and high schools.

JAMAL CURTIS, TASERED STUDENT: It felt bad it was -- it's just like down right pain.

CANDIOTTI: Jamal Curtis and his sister, honor roll students, among those jolted for alleged violent behavior. School officials insist Tasers are less harmful than batons and pepper spray.

KAREN HUGHES, PRINCIPAL PALATKA H.S: If they're not going to respect authority and do what they're asked to do, force sometimes has to be used.

CANDIOTTI: Taser International maintains its weapons are tested as the safest way to subdue anyone who weighs at least 60 pounds. But they remain a controversial way of policing children, especially those of a tender age.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE) WHITFIELD: Scott Peterson's jury took just a few hours to find him guilty. What does the quick verdict mean to the defense, and could Scott take the stand during his sentencing? We'll discuss those points with our "Legal Roundtable" team coming up.

(COMMERCIAL BREAK)

WHITFIELD: Prosecutors rather showed Scott Peterson was a liar, a cheat, and an all-around lousy husband. But some critics say the proof wasn't there to convict him of murder which the jury did Friday. Let's talk to our legal experts about the verdict and what comes next. We're joined by law professor and civil rights attorney Avery Freidman, good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi Fredricka.

WHITFIELD: And New York criminal defense attorney Richard Herman. Hello to you.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi Fred. How are you?

WHITFIELD: I'm doing pretty good. All right you guys, seven days of deliberations and then another juror dismissal. Then they restart deliberations and hours later, they come up with a guilty verdict. Richard, you have to be the most shocked because you really saw that this looked like it was heading toward a hung jury.

HERMAN: Well the learned thought and speculation was that this would be a hung jury, especially this week, especially when two jurors were relieved during jury deliberations. I mean, that's basically unheard of. And I saw the prosecution's own jury consultant Wednesday on television. He had his hands up in the air basically conceding that he no way thought this was going to come back with a verdict. It was stunning. It was stunning on Friday. And the verdict itself finding first degree murder against Laci and second degree against the unborn child, I mean, that alone is an appellate issue.

Obviously the jury didn't understand the jury instructions. There are a slew of appellate issues in this case. Granted, not many appeals are victorious. But here, this is a murder case, and the jury has made their views known to everyone. This was a flash verdict on Friday. This new juror came on and the judge said, OK start from the beginning. And like you said Fred a few hours later bang. Guilty verdict. First degree. Unbelievable.

WHITFIELD: And Avery do you see another potential appellate issue being that Geragos, Mark Geragos, might argue that the judge dismissed what could have been defense-friendly jurors?

FRIEDMAN: Well Fredricka I think the issue here is -- and I had actually predicted, I have been predicting the conviction. But I was troubled the way it got there. The most intellectual juror on this jury was Greg Jackson, who had both, if you remember, the medical degree Fredricka and the law degree. He was very careful in taking notes. He was very deliberate. Even notwithstanding that, I still thought we were looking at a conviction. But once he got knocked off, and they moved the fireman up, seven hours later, that's very troubling. They took an oath to consider the evidence with care. I don't know how you do that after seven hours.

WHITFIELD: The reason why the judge dismissed the attorney/doctor, really is in sealed documents. But apparently that will be revealed at some point. Might Mark Geragos and other attorneys on the defense team be chomping at the bit, waiting to see Richard what they can do with this case, if there is grounds for appeal?

HERMAN: There are a lot of grounds for appeal. Whether they'll win is another issue. But with respect to this number five, the lawyer/doctor, there was a new story going around last night from a reporter in Modesto who said basically he told the judge he felt threatened by the other jurors, that he wanted to meticulously go through the evidence and they did not want to do that. He felt they were looking to make book deals and looking to give a verdict for the public rather than examine the facts of the case. If he feels he was threatened, that's a major issue on appeal.

WHITFIELD: Avery.

FRIEDMAN: That's conjecture. Now, what everyone is going to know is when this case goes on appeal, and it will, of course, we're going to know what's in that transcript. What's in that record Fredricka about what juror number five had to say. Indeed, actually I agree with Richard, I think if we have jury intimidation, that's an issue. The Judge DeLucey (ph) did it right. He urged the jurors to please reconsider. So I want to know what's in that transcript, what happened in chambers. Indeed, that may very well be an important issue on appeal.

WHITFIELD: But if it's unusual to have a successful appeal on a case like this, isn't it also unusual to get a conviction on circumstantial evidence on a first degree murder case?

FRIEDMAN: Well, no. I mean murder convictions are obtained literally every day in this country based on circumstantial evidence. I think credit has to go to Rick Distaso who was very successful in weaving to this jury the so-called 41 facts and then talking realistically, Scott Peterson may have been a liar, is he a murderer? No but he's in the race. I think putting it together was the best thing that this prosecution team did in five and a half months.

WHITFIELD: So Richard, might it have been -- might the prosecution have won this case without the testimony of Amber Frey? Is that what sealed the deal for them? I think we're having something problem with audio. We can't hear Richard. Avery, what do you think about that?

FRIEDMAN: I think Amber Frey was frankly a lot of nothing. All it showed is that he was a liar. We knew about that. A lot of people touted her testimony. All we learned --

WHITFIELD: But it looks like the prosecution won almost on -- since it was circumstantial evidence, because people ended up not liking him because they learned a lot about him through Amber Frey. FRIEDMAN: Exactly right. But Fredricka they didn't like him for a lot of reasons. All Amber Frey's testimony did was show was an absolute bum this guy was. It added on to the problem of his credibility. There were predictions you were going to see him on the stand. No responsible experienced lawyer dreamt that they would ever see him on the stand, nor Fredricka are we going to see Scott Peterson take the stand on the 22nd the week of November 22, when we get to the penalty phase.

WHITFIELD: You think that is unlikely don't you?

FRIEDMAN: Oh it's in the going to happen. He can't express remorse. He's got to appeal. It's not going to happen.

WHITFIELD: All right Avery Friedman and Richard Herman, silenced only because of technical problems. We know Richard has a lot to say and we'd love to hear it. Thanks to both of you, appreciate it.

FRIEDMAN: Take care.

WHITFIELD: Other news making headlines across America now. A surprise in the piñata for inspectors along the U.S./Mexican border. While searching a car they found a little girl inside this piñata. The 4 or 5-year-old was sealed inside but she could breathe. The girl's mother and brother were also hidden in the car. The family was deported back to Mexico.

The paparazzi fights back. Two photographers are suing actress Cameron Diaz and singer Justin Timberlake. Saying the couple taunted and attacked them. Diaz and Timberlake haven't commented on the suit but earlier said they were ambushed on a dark street and acted in self-defense.

And two dogs who were truly man's best friend. Steve Gossly suffered a stroke and wasn't able to get to his car while hunting in Rhode Island. But his Labrador retrievers Lily and Jack stayed and kept him warm as the temperatures dropped into the teens. The next morning Jack found another hunter who called for help. Gossly is now recovering.

And what a difference 60 years can make. It's a tropical paradise today but this Pacific Island was once the scene of a blood bath. A reunion between the soldiers who once were enemies when we come back.

(COMMERCIAL BREAK)

WHITFIELD: South of the Philippines lies the tiny Pacific island of Pelellu, it was the site of one of the bloodiest battles of World War II, 1,200 American dead, 10,000 Japanese. Now 60 years later veterans of that fight return to Pelellu to remember and forgive. Here's CNN's Mike Chinoy.

(BEGIN VIDEOTAPE)

MIKE CHINOY, CNN CORRESPONDENT (voice over): A tropical paradise today. 60 years ago, it was hell on earth. Pelellu, historians say, was probably the single most savage battle of the entire Pacific War. Some U.S. marine units took 70 percent casualties. Virtually the entire Japanese garrison was wiped out.

GENE GOODWIN, VERTERAN: It's very real. These guys caught the roughest part here.

CHINOY: Gene Goodwin was one of the handful of veterans who returned for the anniversary to the beach where he landed. Old and gray now, but the memories still fresh.

LEO GRIEGO, VERTERAN: Japanese were waiting for us with machine guns. All I saw was a big crater and I dove right into that crater. And maybe four, five hours, that's when I got hit.

CHINOY: The Japanese made their last stand in a network of hundreds of caves carved out of the limestone ridges just off the beach.

CNINOY (on camera): Hunkered down in these caves, the Japanese inflicted horrendous casualties on the Americans. Today, you can still see the debris of that hellish time. Canteen, bowl, ammo clip, rusted hand grenade that's still live by the way. The Japanese were under orders to fight to the last man. And to take as many Americans with them as possible. Men like Joe Clapper and Gene Goodwin saw comrades fall around them.

JOE CLAPPER, VETERAN: We lost probably half or more of our platoon between the beach and here. That's mainly why I came.

CHINOY: A sense of loss echoing through the decades for both sides. Nearly 11,000 Japanese died in the battle. Just 200 survived. Few Ktyokamu Tsuchida (ph) hid in the jungles for two years after the fighting ended. Refusing to surrender. Unaware the war was over. Now, united by the nightmare they shared, these aging veterans come together at a ceremony of commemoration and reconciliation.

KTYOKAMU TSUCHIDA (ph), VETERAN (translator): I am overwhelmed. I fought against these men. I never thought I would meet them. It's a miracle.

CHINOY: Ghosts stretching back more than half a century, finally being laid to rest. Mike Chinoy, CNN, Pelellu.

(END VIDEOTAPE)

WHITFIELD: Much more ahead on CNN SATURDAY. At the top of the hour it is " Next@CNN" at 4:00 an encore presentation of Paula Zahn in-depth interview with Dr. Bill Cosby. Hear what the comedian has to say about the state of the nations African American youth and why it has some crying foul over his statements. And then at 5:00 "People in the News" profiles the late Yassar Arafat. But first Daniel Sieberg with a preview of " Next@CNN"

DANIEL SIEBERG, CNN CORRESPONDENT: Ahead on "Next @ CNN" did electronic voting open the doors to fraud and cheating on November 2? We will check out some of the theories. And a pristine Canadian forest 12 times the size of California faces an uncertain future. Thos stories and a lot more are coming up right after a check of the headlines from the CNN newsroom.

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