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CNN Live Saturday

Missing Idaho Girl Found; O'Connor to Retire; Live 8

Aired July 02, 2005 - 16:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: Bittersweet news coming out of Coeur d'Alene, Idaho today. An eight-year-old girl missing since mid- May has been found alive. Police say they are questioning the 42- year-old man who she was last seen with, a registered sex offender. Investigators are still searching for here nine year old brother, Dylan.
And the balance of the Supreme Court could soon shift. At the controls, President Bush. We'll take an in-depth look at Sandra Day O'Connor's resignation, her possible replacement and what the change means for you.

Hello. I am Fredricka Whitfield and welcome to CNN LIVE SATURDAY. Our top stories. A bittersweet set of news coming out of Coeur d'Alene, Idaho today. An eight year old girl missing since mid May has been found alive. Police say they are now questioning the man who she was last seen with, and that was early this morning. Joseph Duncan. He has since been charged with kidnapping. Unfortunately, investigators say they have not come about the whereabouts of Shasta's brother, nine-year-old Dylan Groene as of yet.

Overseas, violence at an Iraqi police recruitment center today. A suicide bomber killed at least 12 people and wounded 22 others in western Baghdad. Most of the victims were Iraqi police commandos. The suicide bomber was among a group of recruits outside the center.

Intense scrutiny of two photos. One of an Iranian hostage-taker in 1979. The other, Iranian president-elect Mahmoud Ahmadinejad. U.S. experts have found serious discrepancies between the faces in the pictures, leading some to believe they are not the same man, and an ex-Iranian secret agent says the hostage-taker was a militant who committed suicide in jail.

And you can check out CNN's most popular video of the day on cnn.com. Just click onto the video link at our Website. Watch it as many times as you wanted, whenever you want. It's a whole new way to experience the power of CNN video, and it's free.

She disappeared on the same day someone turned her house into a house of horrors. Now a missing eight-year-old girl has been found alive, just miles from where she lived in Idaho. Shasta groaned and her nine-year-old brother Dylan vanished may 16th. That's when police found her mother, her boyfriend and another sibling beaten to death in their home. A waitress spotted the girl today in a restaurant just two miles from the family home. Shasta was in the company of a man who is a registered sex offender. Her brother, Dylan, is still missing and police say he may be dead. CAPTAIN BEN WOLFINGER, KOOTENAI COUNTY, IDAHO POLICE (video clip): We're just happy right now that we've got Shasta here. There's still the unknown out there. Until we get totally confirmed, we're not going to go anywhere with that.

WHITFIELD: Shasta Groene's late uncle says the family is elated by the news that she is found. They're still hopeful police will find her brother Dylan. Melissa Luck from affiliate KXLY joins us now via phone from Coeur d'Alene. And Melissa, thanks so much for being with us. Police say had it not been for the community's involvement, perhaps they wouldn't be able to have this kind of bittersweet news. Take us back to the restaurant where the waitress as well as the manager there at the restaurant spotted Shasta first, and then quick thinking followed.

MELISSA LUCK, KXLY REPORTER (on phone): That's right. You mentioned that community involvement. Pictures of these kids have been posted around this area since those children disappeared about six weeks ago. So when a little girl came into the Denny's early this morning about 2:00, with this man, a waitress and the manager and some patrons noticed right away that something wasn't right. Not only was she there just after 2:00 in the morning, which of course is unusual, but also they recognized her. Everyone said we thought she looked familiar. And they said they looked for the flier that had been hanging in the window with that picture of Shasta and Dylan Groene. They couldn't find it at the time. So they decided to kind of feel things out. They tried to make contact with the girl, talk to her a little bit, asked her if she wanted to color, wanted some crayons. And in the meantime they tracked down the picture. Now as soon as they had the picture in their hands, they looked at the picture and looked at the little girl and said, this is Shasta. They called the Coeur d'Alene police and said, just check it out, just for our piece of mind. So when police got there they confirmed what the people already thought, that the little girl was Shasta Groene.

WHITIFIELD: And now, advancing this investigation as they continue to look for her little brother, who was not with them, police now have a search warrant for the vehicle that the suspect was driving, and was parked outside that restaurant. What kind of activity has been taking place outside that restaurant since the discovery was made of Shasta?

LUCK: Well, we arrived on the scene, we're located in Spokane, which is about a half hour away. So by the time we got there, it had been about 40 minutes, a half hour, 40 minutes since the arrest. That stolen Jeep Cherokee was already gone. That tells you how fast police were working and how seriously they've taken that case. The spot that Jeep was parked in was right in the front, right in front of the door at Denny's. And that car, as you said, is gone. They're processing that right now looking for any information, and any evidence that could be in that Jeep that could lead them to Dylan Groene.

I can tell you this, though. The waitress who spotted Shasta ended up having time alone with her while police were questioning this convicted sex offender, and she asked her, what is your name? She said, I'm Shasta Groene. Gave her a hug and was crying, and she said, I want to go home and be with my daddy. And at one point that waitress overheard her a police officer ask her, where is your brother? And Shasta Groene said, he's in heaven. Now, Shasta Groene has a 13-year-old brother who was murdered six weeks ago at the home when all this started. So at this point, we're not exactly sure if she was referring to that brother, Slade or her older brother, Dylan, who at this point is missing. But police don't sound very optimistic about finding him alive at this point.

WHITFIELD: Right. And we did here Captain Ben Wolfinger in a press conference a couple of hours ago say that it was his belief that Dylan may be deceased, but he was not willing to go as far as that being a definitive statement. However, when those words, you know, apart from the, you know, investigator, leading investigator's mouth, the folks in that community, how are they reacting to hearing that kind of news coming from the captain?

LUCK: I think it's been a really hard day. Because there was so much joy this morning. I can't tell you how many people stopped and talked to us outside that restaurant this morning. How many customers that were there. We walked into the restaurant and the manager gave me a hug. I've never met her before in my life. People were so excited and so hopeful. I think when we talked to you earlier this morning, Fredricka, we told you there was renewed hope in this case. But I think there was a collective kind of collapse in this region when we heard the possibility that Dylan may not be alive. People thought, you know, if Shasta's alive, well maybe he is, too. But it sounds like a lot of people's hopes are being crushed this morning.

You still have to kind of be happy that at least Shasta has been found. And if these folks had not recognized her, we may not -- still may not have any idea where those kids are. And that's where we've been in the community for the last six weeks just wondering when a tip would turn into something.

WHITFIELD: All right. Melissa luck, thanks very much from our affiliate out there. Thanks for joining us.

Well, CNN's Alina Cho began covering this story back in may when Shasta and Dylan Groene vanished. She's on assignment in Philadelphia but joins us on the phone with more on today's developments from Idaho. And Alina, you were with those searchers, the investigative team out there from the very beginning six weeks ago. Give us a sense as to what kind of relief some of those leading investigators must be feeling today.

ALINA CHO, CNN CORRESPONDENT (on phone): Oh, I think in some sense, Fredricka, this is a Fourth of July that these investigators will never forget. Clearly, they have said, though, it is a holiday weekend. They will make a strong push to move this investigation forward, and certainly, there are many questions as we go forward. First of all, where is nine-year-old Dylan Groene, as you were mentioning earlier the Captain Ben Wolfinger of the Kootenai County Sheriff's Office had said that preliminary information pointed to the fact that he may be deceased. Of course, he could not confirm that.

Of course, that was very tough for the Coeur d'Alene community to hear. Another big question is, what, if anything, does this 42-year- old man, Joseph Duncan, who was allegedly with Shasta at the time she was spotted, what, if anything, does he know about where Dylan is, and about the other crimes. Now, remember, there is a double investigation going on. This is also a triple murder investigation. Remember, back on may 16th, the bodies of Dylan and Shasta's mother, 13-year-old brother Slade, and the mother's boyfriend, 37-year-old Mark McKenzie, were found. And then there was an all-out search, as you know, for these children, Fredricka.

WHITFIELD: And now the investigation continues. They're still asking for the community's help in any way they can in the ongoing search for Dylan. At the same time, police have this search warrant. They're looking for more forensic evidence. And presumably going to be comparing any kind of evidence they extract from that vehicle belonging to Mr. Duncan. And any evidence that was taken from the murder crime scene.

CHO: Fredricka, I think you hit right on it. I think as we go forward, what we're going to be looking at is, what kind of evidence is inside this Jeep Cherokee that was allegedly stolen. And comparing that to the evidence that was found inside the home where the bodies were found, and where these children presumably fled. From where they fled, rather. I don't know if you remember at the time, but I remember in the week that I was there, toward the end of the week, that evidence was literally being hand-delivered to the FBI's famous crime lab in Quantico, Virginia, where they were going to pore over that evidence. And certainly, I'm sure they're still doing that at that time.

But as we go forward, when they add the evidence in that Jeep Cherokee, they may be able to put more pieces of the puzzle together. Fredricka?

WHITFIELD: All right. Alina Cho, thank you very much for your point of view on this ongoing investigation out of Idaho.

Well, coming up, more on Shasta Groene's safe return and what investigators may now be focusing on to find her brother, Dylan. I'll speak with a former special agent.

And later, we'll look back at yesterday's announcement from Supreme Court Justice Sandra Day O'Connor. She's stepping aside after almost 24 years and leaving the first vacancy in the nation's highest court since 1994. A look back on her legacy and a look ahead at who might take her place.

A look back on her legacy and a look ahead at who might take her place.

And Live 8 roars across the world as rockers unite to end poverty. You're watching CNN LIVE SATURDAY.

UNIDENTIFIED MALE: The top business stories of CNN's first 25 years. We asked the editors at "Money Magazine" to come up with a list. Number 15, tax cuts. This business story hit home starting in 1981 with the biggest tax cut in U.S. history. Number 14, downsizing, and the death of manufacturing. In the late 1980s, major corporations announced job cuts to boost bottom lines. More and more jobs are outsourced to low wage companies.

Number 13, CEO perps, executives in handcuffs. Investors want someone to pay for the wrongdoings of corporate America. At number 12, CEO perks from Jack Welch to Bill Gates, CEOs have become household names earning hefty compensation with a new extra, accountability. Number 11, merger mania. Is bigger really better?

RON ESPOSITO, MANAGEMENT CONSULTANT: Most of these mergers have resulted in very significant and massive downsizing.

UNIDENTIFIED MALE: Stay tuned as we count down to number one.

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE: I had just randomly bought this little girl's blanket a few days ago at a neat little store in Coeur d'Alene. And it's the softest blanket around. And I just had it in my bed laying there. And saw the news. And I went, this is probably for her. This is probably why I bought this blanket. And I was just really touched by it, that they found her. So I wanted her to have something of her own to wrap in, you know. Something fresh and new.

WHITFIELD: That's one resident of Coeur d'Alene, Idaho, reacting to the news today. An eight-year-old girl who vanished from the community in May has been found alive. But her brother, Dylan, is still missing. Joining us now by phone to talk about the case is former FBI special agent in charge, Don Clark.

Don, thanks so much for being with us. Again, Shasta is receiving some medical attention right now. But clearly, investigators know she has some information that might help advance the case. How important is it that investigators talk to her now, even though she's at a very delicate stage as opposed to waiting until later?

DON CLARK, FORMER FBI AGENT (on phone): Well, it's very important, Fredricka, that they talk to her as soon as they can. But, you know, they've got to work with the medical professionals in this, and the experts, so that they can elicit the best information that they possibly can out of her. What they don't want to do is traumatize her to a point so that she clams up, and she doesn't say anything, or give them any information. So while it may seem like they may be wasting time for a few minutes here, it may be to an advantage, because you would not want her to become traumatized and not be able to tell them anything.

WHITFIELD: And now that investigators have a search warrant for the vehicle of Joseph Duncan, what kind of information are they going to try to retrieve from that, and how might they go about comparing any of that evidence that they may retrieve with evidence from the murder scene?

CLARK: Well, you know, the first thing they're going to try to do is get obvious things. Obvious things such as hair, any types of stains that may appear to be bloodstains, any type of body fluids, anything of that nature. Those are sort of the obvious things. But then the other side of the spectrum, when you're an investigator trying to put together a case, Fredricka, you may not know exactly what you're looking for, so what you do is try to gather any kind of foreign particle that you can possibly see and see if that connects to something else that you have. It may appear to be evidence initially, and it's not, but on the other hand, it may appear that it's not anything and you may find out that something was found in the home or something was found someplace else that may connect to. So no matter what's in that vehicle, nothing's going to be thrown away at this point.

WHITFIELD: And that also underscores why collecting that evidence, whether it seems to be obvious evidence or not, and coupling that with interviews is so vital. And back to the interviews that will take place with Shasta Groene. You know, how are they going to approach talking to her about what took place? Is their focus going to be what her past experience has been over the past six weeks, or is it going to be the more immediate, the most recent experiences she may have had with Duncan?

CLARK: Well, I think probably if they can get her to talk, and the medical professionals feel like this might be a good time to talk to her, I think that their first focus is going to be on her little brother. As to what she can tell them about her little brother. Because he's still missing. You know, unfortunately, what has happened to her, or what may have happened to her, it could be very traumatic, and could be very painful and hurting to her throughout her life, but nonetheless, at this point, they have to focus on the still missing little boy. And I've got to believe that that's where they want to go first, and then work on the other aspect as time progresses.

WHITFIELD: All right. Don Clark, former FBI special agent in charge. Thank you for joining us. We appreciate it.

CLARK: Great, Fredricka, thank you.

WHITFIELD: All right. And we'll have more on this investigation as we get more information.

Meantime, we're back with a look at Live 8, the world concert continues with a live report from London coming up next.

(COMMERCIAL BREAK)

WHITFIELD: A massive anti-poverty campaign is rocking stages across four continents today. The Black Eyed Peas are part of a show in Philadelphia, organizers hope to pressure world leaders meeting next week in Scotland to do more to end global poverty.

British band Duran Duran and country music's Faith Hill hit the stage in Rome. Organizer Bob Geldoff promises it will be the greatest concert marathon ever. It's the who's who in entertainment. Our Fionnuala Sweeney has the latest on the concerts in London. Fionnuala? FIONNUALA SWEENEY, CNN CORRESPONDENT: Fredricka, it's now about 9:00 in London. The concert has been going on for about 7 1/2 hours. And within the last minute, Sting, who performed at Live Aid 20 years ago, has just taken the stage. Sending this crowd of 150,000 people plus into an absolute frenzy. Perhaps we can pan the camera over a little bit and give you just a small sense of what is going on here. We're above the crowd. The noise is absolutely amazing. But the message, which sting is talking about in his song "Message in a Bottle," this time is about the message to the G8 leaders who are meeting in Scotland on Wednesday. That message on Wednesday is to eradicate poverty in Africa. In other words, forgive Africa's debt.

And from then on, what the organizers here led by Bob Geldof hope is that between getting rid of their debt, giving them better trade facilities, that there will be a better deal for Africa. Over 21 million people have already signed the pledge that is on the Live 8 website. It has been a fantastic day. But one of the highlights before Sting took the stage was Madonna who, of course, lives here in London these days, and the 40-something performer showed everybody here and the world what it's all about. She was absolutely electrifying and stunning in her performance.

And before that, of course, she was preceded by many other stars including Elton John, the Stereophonics, Dido, a stunning set afterwards by the Scissor Sisters. But as O can say now, as I'm shouting above the noise here, Fredricka, the person who's really electrifying the crowd here is sting. Probably one of the few people to better 20 years on than some of his counterparts. U2 also performed here. But we have many more acts to come, including the reunited Pink Floyd. We're expected to hear from the Who, Mariah Carey, and a huge, huge star in Britain, Robbie Williams. Fredricka?

WHITFIELD: Wow. That's quite the lineup. Fionnuala, do you get a sense from people there while you've got thousands of folks who have turned out for a free concert, enjoying all this beautiful music, is the message getting lost at all in the music? Or do people have a real serious sense of the commitment behind why these concerts are taking place?

SWEENEY: Twenty years ago when Bob Geldof organized Live Aid, what he wanted was people to donate money for Africa. But this concert is not only about to getting world leaders to pay attention and forgive Africa's debt, but making the public around the world more aware of poverty. It is an injustice, says Bob Geldof says. And just before Madonna came on the stage, he showed the infamous video 20 years ago of starving children in Ethiopia accompanied by the music of the Cars. And at the end of the video there was a little girl who Bob Geldof said was ten minutes away from dying when that video was shot. He brought that woman some 20 years later here onto the stage here in Hyde Park. She is an agricultural scientist. She is very much alive and well. And Bob Geldof said to those cynics when this doesn't work, this woman is a living proof. So I don't think the message is getting lost here.

WHITFIELD: I think they got that message. What a remarkable way to convey that message. Thank you so much, from London, where the Live 8 concert is going on there. You can watch all the major shows in their entirety, both live and on demand throughout the summer only at aolmusic.com.

Coming up, the legacy of Sandra Day O'Connor, the first female Supreme Court justice gets ready to walk away from the bench after 24 terms. Well take an in-depth look at the indelible mark she left on the nation's highest court and answer the question ...

UNIDENTIFIED MALE: Why does the choice of a new justice promise to be the most consequential domestic issue so far of George W. Bush's presidency?

More on Sandra Day O'Connor ahead on CNN LIVE SATURDAY.

(COMMERCIAL BREAK)

WHITFIELD: A look at our top stories. In Baghdad, at least 12 people have been killed in a suicide bombing at police recruiting center. A Website claims al Qaeda was responsible. About 22 survivors were wounded. An Iraqi police official says the attacker was dressed as a police commando.

In Afghanistan, the search continues for an American military team that has been missing for five days now. U.S. warplanes bombed a suspected Taliban compound in the search area. No word on damage from that strike.

Now, let's devote some time to U.S. Supreme Court Justice Sandra Day O'Connor. To her 24 years on the high court bench and to the likelihood of a battle royale in choosing her successor, when nominated by President Reagan, O'Connor know was hailed as a pioneer. What people mention most is not that she was a woman, but a powerful jurist. We'll start with CNN's Candy Crowley.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN CORRESPONDENT (voice-over): "I am 75 years old," she wrote in her one-sentence public explanation, "and I need to spend time with my husband." John Jay O'Connnor is in the early stages of Alzheimer's. Friends say he has wanted to return to Arizona, the home they left a quarter century ago when she got a new job.

RONALD REAGAN, FORMER PRESIDENT: She is truly a person for all seasons.

CROWLEY: Sandra Day O'Connor came to the Supreme Court in 1981, notable as the first woman ever to sit on that bench. She leaves now because she is a wife, in between she was one of nine Supreme Court justices.

"There is simply no empirical evidence, she wrote, that gender differences lead to discernible differences in rendering judgments."

When they write her Supreme Court legacy, it will not be about her role as a woman vote but about her role as a swing vote. ANDREW MCBRIDE, O'CONNOR LAW CLERK, 1988-89: Often you'll see in oral argument that Justice Kennedy and Justice O'Connor are actually being courted by the other justices.

CROWLEY: The record is full of decisions with four conservatives on one side, four liberals on the other and O'Connor moving from one side to the other on a case-by-case basis. She was with conservatives in 1989 in support of a state law prohibiting the use of public resources to perform abortions. She was with liberal in 1992 to uphold the central ruling of Roe v. Wade, establishing abortion as a constitutional right. She voted with conservatives in Bush v. Gore and with liberal in making prayer unconstitutional at public school graduations. She is not everybody's cup of tea.

JUDGE ROBERT BORK, FORMER SUPREME COURT NOMINEE: We call her the swing vote. And that's true. But that means that she didn't have any really firm judicial philosophies.

CROWLEY: She thought her role as swing vote was inaccurate media shorthand.

O'CONNOR: But we have an equal voice and I'm no more powerful than anyone else on this court.

CROWLEY: With which Justice Antonin Scalia today politely disagreed. "The statistics show," he wrote, "that during her tenure she shaped the jurisprudence of this court more than any other associate justice."

The space she leaves is enormous and pivotal. If the president chooses a nominee more reliably conservative, those 5-4 decisions become more reliably conservative. It is why Democrats have moved so quickly to throw down her benchmark.

SEN. EDWARD KENNEDY, (D) MA: Justice O'Connor was a mainstream conservative and was confirmed unanimously by the Senate. I hope the president will select someone who meets the high standards that she set.

CROWLEY: Justice O'Connor is described by colleagues as decent, distinguished and dedicated, by friends as compassionate, classy and competitive. One remembers a very rainy golf tournament.

TOM WALSH, FAMILY FRIEND: So I said to her, you know, Justice O'Connor, we can quit any time you want to. She said, Tom, we're not going to quit until we're under par.

CROWLEY: After her successor is confirmed the O'Connors will return to Arizona. They have been married for 53 years and another season has come. Candy Crowley, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: Well, joining us now from New York, an attorney who clerked for Justice O'Connor. Richard Bierschbach is assistant professor at the Cardoza School of Law at New York's Yeshiva University. Good to see you.

RICHARD BIERSCHBACH, FORMER O'CONNOR CLERK: Goof to see you. Thanks for having me.

WHITFIELD: Well, you are both happy and sad for Justice O'Connor. Why?

BIERSCHBACH: That's absolutely right. Well, I know how much the justice loved her job, and I can't imagine that it doesn't pain her to see this part of her life kind of come to a close, and her moving on to other things. And it's really a bittersweet moment for me, and I'm sure all of her former clerks. She's a very beloved figure. And really near and dear to our hearts. And we remember our time there so fondly, that we're sad to see her go.

WHITFIELD: Well, given she is and was, you know, the swing vote, you saw in the piece earlier, she said she didn't believe that she was a swing vote, or the most powerful one on the bench. Justice Scalia says nothing is more further from the truth, in that she really is the most powerful one on the bench. Why is it that she was so reluctant to take on that title? To admit to her power?

BIERSCHBACH: I think Justice O'Connor really doesn't like labels. She shies away from those things and she doesn't like ideological absolutes. I think she just wanted to be seen as a good judge, someone who focuses on the facts of the case before her. Somebody who has a balanced view of things, pays attention to the human consequences of her decisions. And that's what she was doing. Now, it happened to be that over the course of 24 terms, it did shape the court a lot. But I don't think she wants to be remembered as a swing justice, I think she wants to be remembered as a very good jurist.

WHITFIELD: You said she didn't like absolutes. She really did evolve, didn't she, case by case, according to many who knew her. And that's how she treated her job.

BIERSCHBACH: Absolutely. Absolutely. And if you look back over the course of the 24 terms, and her decisions, you can see that in her jurisprudence.

WHITFIELD: That she wasn't necessarily committed to any liberal or conservative views? Was she ever worried about labels as she made her judgments?

BIERSCHBACH: This isn't something that she would explicitly talk about in chambers, but it's also the situation that, again, she wanted us to sit down, focus on the facts of the cases, look at the human side of things. How are her decisions going to affect the litigants who came to the court. She knew that she was in a powerful position. The court's in a powerful position. It's good to be circumspect and cautious rather than making sweeping pronouncements that on might regret or that you might not really have been able to appreciate at the time the full consequences of those rulings.

WHITFIELD: What an honor that you got to clerk for her. So you walk away from that experience knowing that you learned what?

BIERSCHBACH: Well, I learned so many things. I mean, there's some that you could probably pretty easily guess. Just a lot about judging and how to be a good attorney, and the importance of give and take. But I really came away appreciating the human side of the court, and the human face of it. My face that I put on that will always be Justice O'Connor. And she was a real softy in some ways. She was fun-loving. She liked to laugh. She had a wry sense of humor. And that's something that you just don't immediately think of when you think of a Supreme Court justice.

WHITFIELD: Do you think you learned more from her just as a human being, how she dealt with serious issues and rather comical ones as well, versus how much you may have learned from her from your legal lessons learned from her as a justice?

BIERSCHBACH: It's very hard to tell. I don't think there's a very clear dichotomy necessarily between those things. One thing that made Justice O'Connor such a good justice, because of her personality, she was able to broker compromises. She was a statesman, a diplomat on the court. And you can't necessarily separate those two things. I learned an immense amount on both sides of that spectrum.

WHITFIELD: Richard Bierschbach, thanks so much.

BIERSCHBACH: Thank you.

WHITFIELD: Assistant professor at Cardoza School of Law at New York's Yeshiva University.

Well, coming up, digging in for a fight. The next big showdown in Washington looms as the president decides who will fill the vacated seat on the court. Republicans and Democrats get set to fight over the choice. A closer look next on CNN LIVE SATURDAY.

(COMMECIAL BREAK)

WHITFIELD: Let's return now to Justice Sandra Day O'Connor. And her decision to retire. For President Bush, naming O'Connor's successor is a chance to put a name on the highest court, and whether he wants it or not, Mr. Bush is getting lots of outside counsel. Here's CNN's Tom Foreman.

(BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT (voice-over): Within minutes of the retirement announcement the storm began. Dozens of activist groups lining up their troops, conservatives, liberals, special interests, fighting to help determine the future Supreme Court.

TONY PERKINS, FAMILY RESEARCH COUNCIL: We in the conservative movement have been waiting over a decade for this moment in time to see a philosophical shift of the court.

KIM GANDY, NATIONAL ORGANIZATION FOR WOMEN: This is a state of emergency for all of the women in the United States and all of the women around the world.

FOREMAN: These groups have been building multimillion dollar war chests setting up phone trees, ramping up email campaigns, and preparing ads for just this moment.

UNIDENTIFIED MALE: President Bush today nominated Ben Franklin. Democrats immediately denounce Franklin for his close ties to the energy industry.

FOREMAN: This ad from the right and this one from the left are already airing in select markets, places that swing vote senators call home.

UNIDENTIFIED MALE: Will George Bush choose an extremist who would threaten our rights and support even more government intrusion into our lives?

FOREMAN: Liberals say they have substantial support.

RALPH NEAS, PEOPLE FOR THE AMERICAN WAY: We have 750,000 members and activists across the country. In the last hour or so we have been contacting them all.

FOREMAN: And tit for tat conservatives say the same.

JESSICA BOULANGER, PROGRESS FOR AMERICA: We've been ready for months to combat the dishonest political smears from the left.

FOREMAN (on camera): It's all a bit strange when you think about it, with left and right and center already arguing furiously over the president's next Supreme Court nominee when none of them know who that will be.

(voice-over): Nonetheless, the war rooms are cranking. The emails are flying. Talk radio is buzzing.

UNIDENTIDFIED MALE: So I think they will reap a bitter harvest.

FOREMAN: And the long, hot summer has just begun.

UNIDENTIFIED FEMALE: This is a nasty season in politics here in Washington.

FOREMAN: Tom Foreman, CNN, Washington.

(END VIDEOTAPE)

WHITFIELD: On to the white house now. Where the decision on a nominee to succeed O'Connor soon will be made, if it hasn't been cemented already. Standing by live is Elaine Quijano. I understand the president plans to meet with senators on both sides later on this week. But is it likely the white house already has its own short list?

ELAINE QUIJANO, CNN CORRESPONDENT: Well, certainly the White House staff has been preparing for the possibility of a vacancy for quite some time, Fredricka. But of course, only a close -- very small circle of advisers knows whether or not a short list exists at this moment. But aides say that President Bush is definitely spending some time this Fourth of July weekend at Camp David poring over the materials that have been prepared by White House staff. Of course, they have been gearing up for the possibility of a vacancy for quite some time now.

And of course, even before the official word came out about Justice O'Connor's retirement, White House staff obviously in full gear. Advisers to the president outside of the White House say that a team in the White House had already conducted interviews. But yesterday in the rose garden the president said it was time to honor the contributions of Justice O'Connor. But of course, he's also very mindful there is likely to be an intense fight to get any nominee he puts forward confirmed.

GEORGE W. BUSH, U.S. PRESIDENT (video clip): The nation deserves, and I will select a Supreme Court justice that Americans can be proud of. The nation also deserves a dignified process of confirmation in the United States senate. Characterized by fair treatment of fair hearing, and a fair vote. I will choose a nominee in a timely manner so that the hearing and the vote can be completed before the new Supreme Court term begins.

Reporter: now, of course, Justice Sandra Day O'Connor is very much thought of as a person who was a swing vote on the Supreme Court, someone whose decisions both pleased and at times angered conservatives and liberals alike. Her imminent departure means that four conservatives and four liberals will remain on the high court. Now, as for President Bush, aides say that he has not personally interviewed any potential candidates himself. And looking at a possible timeframe, we heard the president talk about one yesterday in the Rose Garden, that he would like to see a nominee voted on before the Supreme Court returns in the fall. But the president's aides are saying in the near future, do not expect a decision on a nominee to be announced until after President Bush returns from a trip to the G8 summit in Scotland next week. Fredricka?

WHITFIELD: All right. Elaine Quijano, thank you very much.

So why are so many people so anxious about who the next Supreme Court justice will be. Well, it all boils down to the power of the position. And of course, politics. Here's CNN's Jeff Greenfield.

(BEGIN VIDEOTAPE)

ANNOUNCER: Democrats will attack anyone the president nominates.

ANNOUNCER: Will George Bush choose an extremist who will threaten our rights?

JEFF GREENFIELD, CNN CORRESPONDENT (voice-over): The fight over a new justice began even before Sandra Day O'Connor announced her resignation today and almost from the moment that resignation was announced the line were being drawn for a major struggle.

SEN. EDWARD KENNEDY, (D) MASSACHUSETTS: If the president abuses his power.

SEN. SAM BROWNBACK, (R) KANSAS: Well, I think the president should make the choice on this.

GREENFIELD: So maybe it's time to ask one simple question -- why? Why does the choice of a new justice promise to be the most consequential domestic issues so far of George W. Bush's presidency? The roots go back some 200 years when Chief Justice John Marshall ruled in Marbury vs. Madison that the court has the power to strike down laws that violate the constitution. And throughout our history, the Supreme Court has shaped American history to its roots. The Dred Scott decision of 1857 holding that slaves, were in effect property, set the stage for the Civil War.

UNIDENTIFIED MALE: I defy anyone to read the opinions concerning the AAA.

GREENFIELD: In the 1930s when the court repeatedly struck down New Deal legislation, FDR tried and failed to pack the court. And when it reversed itself, the Supreme Court in effect ratified a massive expansion of federal power. It outlawed school segregation in 1954 and helped birth the modern civil rights revolution, outlawed organized prayer and Bible reading in public schools, changed the shape of legislative and congressional districts, changed the way police across the nation deal with criminal suspects as television watchers well know.

UNIDENTIFIED FEMALE: You have the right to remain silent.

GREENFIELD: It found a right of privacy in the constitution that was used to strike down laws that banned birth control, and then abortion, and then homosexual behavior. The court even had the final say in a disputed presidential election.

For conservatives, like former solicitor general Charles Fried, an activist, liberal court explains why the choice of a justice has now become so politicized.

CHARLES FRIED, HARVARD UNIVERSITY: The Supreme Court was making new law and overturning precedence sort of once a week. And they were extremely active and people began to think, well, these guys are -- and they were all guys -- are just politicians. They're just making things up. And we might as well have our people making things up if that's the way it's going to be.

(END VIDEOTAPE)

WHITFIELD: A battle that everybody is going to be closely watching.

CAROL LIN, CNN ANCHOR: You bet. It is unavoidable.

WHITFIELD: All right. Carol Lin coming up very soon much more on tap. A whole lot of developments today.

LIN: That's right. At 6:00 Eastern, we're actually going to be taking on the other big story of the day, which is Live 8 around the world. 700,000 people attending these concerts. I'm going be talking with an actress from the "West Wing" who has just gotten back from Africa. Firsthand account of the poverty and the need there. And at 10:00 I'm going to be talking with the sheriff's investigator in this Shasta Groene discovery. This young girl, thank goodness, is still alive. Her father is on the way to the hospital, we understand, and what's going on to find her brother. His fate unknown. Not optimistic. But we'll see what happens next.

WHITFIELD: Right. That search still ongoing. Shasta had said apparently to one of the waitresses at the restaurant, she couldn't wait to be in the arms of her dad.

LIN: You can imagine what that little girl has been through a this point.

WHITFIELD: All right, Carol. We'll be looking for that.

LIN: Thanks, Fred.

WHITFIELD: Coming up next, Wimbledon has a new queen. The All- England Club hosted an all-American women's final today. All California women, by the way. We'll tell you who took home top honors. And some pretty remarkably sad news coming from the world of music. One of R&B's greatest voices is gone.

(COMMERCIAL BREAK)

WHITFIELD: It was a tennis thriller, and the longest women's final in Wimbledon history. But in the end, Venus Williams beat fellow American Lindsey Davenport to win her first Grand Slam title in almost four years. It took her two hours 45 minutes to do it. Davenport won the first set, and had the title within her grasp several times. But Williams outlasted the world's top-ranked player. This is Williams' third Wimbledon women's singles title.

And it's that time of year again. Yellow jerseys speeding bicycles and Lance Armstrong chasing another Tour de France title. But it's the last time the Texan and cancer survivor starts in the race. Win or lose, he's set to retire after this tour. Armstrong is off to a strong start. He finished in second place in the opening time trial today.

And sad news from Motown. One of the Four Tops has died. Renaldo Obie Benson died Friday at a Detroit hospital of lung cancer. He was 69. The Four Tops sold more than 50 million records. Among their biggest hits, "Baby, I Need Your Loving, and "Reach Out." Benson's death leaves two surviving members of the original group. He's seen here with Levi Stubbs and Abdul Duke Bakir (ph). The fourth original member died in 1997.

And once a backup singer who then bake a lead singer, and very much in the spotlight in his own right has died.

(MUSIC) WHITFIELD: Luther Vandross passed away in New Jersey yesterday at the age of 54. A hospital spokesman says Vandross never really recovered from a stroke he suffered two years ago. Vandross made his solo recording debut in 1981 after working as a backup and commercial singer. His first hit song was "Never Too Much." Vandross followed with sentimental classics, including "Stop to Love," "Here and Now," "Power Love," and "Dance with My Father." The holder of eight Grammy awards, Luther Vandross is dead at the age of 54.

And we'll be right back.

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