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CNN Live Saturday
Limbaugh Booked on Prescription Fraud Charge; New Details Emerge About Accuser in Duke Rape Case; Visit to FIRST Robotics Competition
Aired April 29, 2006 - 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: Rosie O'Donnell gets a change of view. She will replace Meredith Vieira on ABC's "The View." Vieira is taking over Katie Couric's job on NBC's "Today" show. O'Donnell says she's ready to end four years of celebrity detox.
Fighting words. There's a battle brewing over the national anthem. A controversial Spanish version is about to debut in America.
CNN's John Zarrella looks at who's singing it and why others are tuning out.
(BEGIN VIDEOTAPE)
CROWD (singing): Oh, say does that star spangled banner yet wave...
JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Does it make a difference whether the national anthem is sung in English...
(SINGING)
ZARRELLA: ... or in Spanish?
(SINGING)
ZARRELLA: ... with different lyrics like "in fierce combat, the sign of victory" and "struggle ablazing at the site of liberty?"
It appears to be making a big difference. The notion of a Spanish version is raising so much controversy, even the president weighed in.
UNIDENTIFIED FEMALE: Mr. President, a cultural question for you. There is a version of the national anthem in Spanish now. Do you believe it will hold the same value if sung in Spanish as in English?
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: No, I don't. I think the national...
UNIDENTIFIED FEMALE: Why not?
BUSH: Because I think the national anthem ought to be sung in English. And I think people who want to be a citizen of this country ought to learn English, and they ought to learn to sing the national anthem in English. ZARRELLA: The song, called "Nuestro Himno," or our anthem, features Latin pop artists and a Haitian-American star, Wyclef Jean. Its release is timed to coincide with Congress's return to Washington next week and the renewal of the debate over immigration reform.
Adam Kidron, president of the company that handled the project, says it's definitely meant to send a message.
ADAM KIDRON, URBAN BOX OFFICE: We're trying to give the undocumented immigrants a real expression of patriotism.
ZARRELLA: It's not only sent a message, it's hit a nerve.
NEAL BOORTZ, TALK RADIO HOST: What do you think about this new Spanish language national anthem?
ZARRELLA: Neal Boortz, a conservative radio talk show host, is outraged.
BOORTZ: They've already published magazine articles in Mexico, saying Los Angeles is ours. Now our national anthem is theirs also?
ZARRELLA: In New York, the epitome of this nation's melting pot culture, there was, as you might expect, a mix of opinion.
UNIDENTIFIED FEMALE: I think it's great. OK. Where can I hear it?
UNIDENTIFIED MALE: I'm torn, because my parents are immigrants.
UNIDENTIFIED FEMALE: It's about America so I think it, you know, it should be in English.
QUESTION: OK.
UNIDENTIFIED FEMALE: We should keep it as is.
ZARRELLA: The producers say it's everybody's song. Critics say everybody should sing it in English.
John Zarrella, CNN, Miami.
(END VIDEOTAPE)
WHITFIELD: $30,000 and a commitment to rehab. That's what the defense attorneys say will keep talk show host Rush Limbaugh from being prosecuted for doctor shopping in Florida. Limbaugh was booked last night in West Palm Beach, Florida, on a single charge of fraud. He's accused of lying to doctors in order to get prescriptions for painkillers. Limbaugh denies doctor shopping, but admitted his addiction to painkillers three years ago. His attorney say his charges will be dropped after the talk show host completes 18 months of rehab. The 30 grand covers the cost of the investigation as a whole.
Limbaugh has admitted to being addicted to painkillers, but says he never shopped for doctors, as I just mentioned. And that's where we begin in today's "Legal Briefs" with attorney's Avery Friedman and Richard Herman.
Good to see both of you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hey, Fred.
RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Nice to see you, Fred.
FRIEDMAN: We should be in New Orleans! We should be in New Orleans!
WHITFIELD: I know. We should have tried to arrange that. Of course, nobody would understand or hear anything that we're saying, but it would have been fun for us.
FRIEDMAN: I think so. Yes, it would have!
WHITFIELD: All right. Well, let's deal with what we do have right now. Let's talk about this Rush Limbaugh case. And, Avery, you know, he got a pretty good deal, didn't he? What a plea deal.
FRIEDMAN: You know, I don't think it's any big deal. Usually with first offenders, Fredricka, this is not uncommon. In drug- related matters, it's often the case that courts that have intervention or diversion programs, which they have in Florida and they have in most states, will invite this kind of resolution.
So the fact is, he's sort of guilty and he's sort of not guilty. But the fact is, he's not paying $30,000 for nothing. He's not on probation for nothing. And if he screws up before November of 2007, he's going to be -- the prosecution will continue.
WHITFIELD: So this sort of rehab and this agreement that he would not go to any other doctor except the one doctor, and that he would pay that $30,000, he's not being treated special because he's a celebrity?
HERMAN: Oh, Fred, he absolutely is. And Roy Black, his attorney, has solidified himself as royalty in the state of Florida. I disagree with Avery. When there are felony charges for drug use, you do not get these type of adjournment and contemplation of dismissal deals. He's basically got 18 months to be a good boy, do his therapy, pay the $30,000, and this is washed from his record entirely.
I tell you, if he was not a celebrity, and if he didn't have Roy Black as his lawyer, this would not be the deal that's offered to your average Joe defendant out there and average Joe criminal defense attorney trying to get this deal.
WHITFIELD: So your average Joe might get jail time...
FRIEDMAN: I agree with that. I agree.
WHITFIELD: Really?
FRIEDMAN: Say it again?
WHITFIELD: I say would an average Joe get jail time for something like this?
FRIEDMAN: Oh, if you're black and poor, you're going to jail. But the fact is that the mechanism itself -- forget that it's Rush Limbaugh. Look, this guy admitted that he was hooked on drugs. You have to be sympathetic to that. But I think he went out -- I don't think I know, back in 1995 -- he blamed his prosecution on Democrats. So, yes, the fact is, Richard is right. He's rich, he's white, he had a great lawyer, he's a very lucky guy.
HERMAN: Fred, he goes on the air, he rants and raves how drug dealers and people that are addicted should be incarcerated for life. And, then, look, the world turns around, and here he is, in the middle of the cycle.
I spoke with Dr. George Shapiro (ph) this morning. He's a clinical -- he's a professor of clinical medicine at Columbia University. And he said these type of narcotics that Rush Limbaugh was taking are so addictive because your body builds up a tolerance to them, and you have to continue to take them and take them and take them. So 2,000 pills during the course of a six-month period...
FRIEDMAN: Right.
HERMAN: ... which is the evidence here is really -- that's in line with this type of addiction.
WHITFIELD: Wow. All right, Richard and Avery, we're going to take a short break. We are going to talk about the new developments in the Duke rape case after we take a short break.
And we'll also be looking into the power of robots. Find out why so many humans are so captivated by these devices.
(COMMERCIAL BREAK)
WHITFIELD: Well, as we continue with our "Legal Brief," yet another twist this week in the Duke University rape case. It turns out that the woman who accused three Duke lacrosse players of rape filed a similar police report ten years ago against three other men.
CNN's Jason Carroll has details.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): The woman who created a national controversy by accusing three Duke lacrosse players of raping her in this off-campus home once claimed she had been the victim of a similar rape. The claim surfaced in a police report the young woman filed 10 years ago.
In 1996, she told a police officers that three men had sexually assaulted her, that it had happened three years before that, and that attack happened for "a continual time." The report goes on to say, "Three suspects raped and beat her when she was 14 years old."
The alleged assault took place in Creedmoor, North Carolina, 15 miles from Duke University. None of the three men, the then teenagers accused of raping her, was ever charged. The Creedmoor police chief says that could be because the accuser did not pursue that case.
UNIDENTIFIED MALE: Once the victim makes the decision not to pursue the case, and you have a case that's this old, that it come to you, you know, four years later, you -- you must have the -- the alleged victim...
QUESTION: She never gave any indication that...
UNIDENTIFIED MALE: ... to pursue the case.
CARROLL: Today, no one in Creedmoor's district attorney's office could find any paperwork related to the 10-year-old case. The alleged victim's cousin told CNN she didn't pursue it back then, because she was intimidated, but wouldn't say by what.
The district attorney in Durham County who is prosecuting the Duke lacrosse case says publicizing sensitive information about a rape victim's background is one reason many victims don't come forward.
MICHAEL NIFONG, DURHAM, NORTH CAROLINA, DISTRICT ATTORNEY: Sadly, we are seeing exactly what they are talking about playing out in Durham today, as people who know none of the facts are standing in line to offer their condemnation.
CARROLL: Defense attorneys for the two lacrosse players charged with rape say they knew nothing about the accuser's previous allegation of rape. This week, they filed motions asking the D.A. for background information on the alleged victim, including medical and criminal records.
If the Duke case goes to trial, defense sources tell CNN, they will likely try to introduce evidence about the earlier incident, in an effort to challenge the accuser's credibility, but North Carolina has a rape shield law that prevents a rape victim's sexual history from being used in court.
UNIDENTIFIED MALE: The court stands recessed 15 minutes.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Unless the defense can show that this woman clearly fabricated this other accusation, the judge is likely to say, I don't want to get into the subject at all.
CARROLL: Jason Carroll, CNN, Durham, North Carolina.
(END VIDEOTAPE)
WHITFIELD: And Jason Carroll is one of the many contributors to "ANDERSON COOPER 360," weeknights at 10:00 Eastern.
Well, let's continue our legal discussion about the relevance of all of this. We'll ask again Richard Herman and Avery Friedman.
All right, Richard, this time let me begin with you. The relevance or not of this previous alleged rape?
HERMAN: Well, Fred, I disagree with Jeff Toobin's remarks just then. The judge will hold the hearing prior to the trial to determine whether or not it's admissible. But this accuser's credibility is at issue. It's a he said/she said case. And this information, I believe, will be admissible, because it's evidence of failing -- filing a false police report, and it's a prior inconsistent statement issued by her.
WHITFIELD: Wait a minute. Filing a false police report?
HERMAN: That's right.
WHITFIELD: Because it wasn't followed up?
HERMAN: Exactly.
WHITFIELD: If that was the case -- because it sounded like the police chief for that town -- I don't know if he knew for certain. His statement almost sounds like it was a possibility that perhaps...
FRIEDMAN: He had no idea.
WHITFIELD: ... this alleged victim did not follow up.
FRIEDMAN: Right.
HERMAN: It may have been, but she filed the report and then there, the police said to her in the very documents we just put on the air, you must give us chronology of what happened. And she did nothing. She didn't come back, she did nothing. Plus, her father on the 27th of this month, just said, these boys never touched her. She was never raped. She was never touched by these boys.
WHITFIELD: So you see this -- will certainly get to the bottom of a credibility issue?
HERMAN: That's the whole case, credibility.
WHITFIELD: OK, Avery, go ahead.
FRIEDMAN: All right -- you got two different issues. You've got the credibility issue. Richard's correct on that. But on the issue of the question of admissibility, Jeff Toobin, our senior legal correspondent, is absolutely correct. Absolutely correct. The judge, indeed, will have a hearing. My expectation is that unless there is some evidence to show that the accuser fabricated the report -- and there is no evidence of that, I mean, other than the guesswork of some police officer, which means absolutely nothing...
WHITFIELD: But doesn't the rape shield law already impose some precedence that, you know, unless, like you said, there was some fabrication of filing a report, she is a protected as an alleged rape victim, in terms of her previous history?
FRIEDMAN: Yes. As a general rule -- as a general rule, that's what rape shield does. The question that this presents is whether or not the police report is a fabrication. If so, that goes to credibility. So at this point, honestly, we just don't know.
WHITFIELD: OK, so credibility is an issue, not only for the alleged victim, but also for the defendants, particularly one of the two young men who's already been facing other problems in the Washington, D.C. area. And so, you know, Richard, this entire case is, in part, going to be predicated on character and credibility since, as we've heard from the D.A. thus far, that there is no DNA, I guess, evidence, being revealed publicly yet, right?
FRIEDMAN: At this point.
HERMAN: Fred, you're absolutely right. But what's happening in the Washington, D.C. case, is Colin Finnerty and the problems he's having now, none of that -- 100 percent -- will be admissible during the course of this case. None of that is coming into this case at all.
But I got to tell you, this district attorney -- you hear the adage, you can invite a ham sandwich? That's what this guy did. This is a political case. He's running for office. The primaries -- he's running neck in neck right now. And I believe he's setting the stage to withdraw this case. He's throwing it out there that she may not testify. And if she doesn't testify, there's no case.
WHITFIELD: Avery? All right, Avery, your final thoughts.
FRIEDMAN: Nobody -- yes, the bottom line is nobody really knows that. I agree that this is a very political case. But right now, there's someone who claims a very serious crime. You cannot disregard that. Again, we've got a long way to go. We're going to get new DNA reports on the 15th of May, as a matter of fact.
HERMAN: There will be nothing in those reports, Avery.
FRIEDMAN: We'll see.
HERMAN: Nothing will be in those reports.
WHITFIELD: Wow. Well, you all know I'm no attorney. You guys only let me play one on TV. But I'm seeing a change of venue if, indeed -- if it were ever to go to trial.
FRIEDMAN: You're right! Absolutely.
HERMAN: You're absolutely right.
WHITFIELD: All right, I got you all in unison, agreeing. Thanks so much.
FRIEDMAN: We have so ordered. So ordered, Fred, so ordered.
WHITFIELD: Three of us. All right, very good. Richard Herman, Avery Friedman, thank you so much, gentleman.
FRIEDMAN: Nice to see you.
HERMAN: Have a good weekend.
WHITFIELD: Have a good weekend.
A quick word on something coming up on CNN that you won't want to miss. What would it take to end the scourge of AIDS? Former president Bill Clinton talks about his global initiative and a world without AIDS with our own Dr. Sanjay Gupta.
(BEGIN VIDEO CLIP)
BILL CLINTON, FMR. PRESIDENT OF THE UNITED STATES: We all have a moral obligation to help keep as many people alive and healthy and able to live their dreams as possible. That means we have to have prevention and treatment program, and care.
(END VIDEO CLIP)
WHITFIELD: "CNN PRESENTS: The End of AIDS," a global summit with President Clinton, tonight and Sunday night at 8:00 Eastern.
Going global now. Rolling Stones guitarist Keith Richards was injured in Fiji. A band spokeswoman says Richards suffered a mild concussion while vacationing on the island this week. The local media report he fell out of a palm tree, but that has not been confirmed.
Pakistan today test-fired a surface-to-surface ballistic missile. Officials say the missile is capable of carrying nuclear and conventional warheads with high accuracy, and it has a range of more than 1,200 miles. Pakistan is determined to maintain the balance of power with nuclear neighbor India.
In Africa, scientists are trying to determine what killed at least 400 bottle-nosed dolphins. The animals washed up along a coast in Tanzania. A marine biologist says the animals did not starve to death, nor were they poisoned.
In "Our Planet" today, an look at the phenomenon known as urban brawl. With cities getting bigger and bigger, there is less and less room for crops and vegetation. That can cause problems for the environment.
CNN's Femi Oke reports.
(BEGIN VIDEOTAPE)
FEMI OKE, CNN CORRESPONDENT (voice-over): As the world's population continues to grow, problems associated with urban growth are becoming more apparent.
This image shows what Dhaka, Bangladesh, looked like in 1972. And this is what it looked like in 2001. Urban sprawl, which is defined as uncontrolled growth, can destroy crop lands. Some estimate China has lost 20 percent of its fertile farmland since the 1950s as a result.
In the U.S., about 35 million acres of rural land have been developed since the '70s. The city of Atlanta alone has averaged about 40 acres a day.
Besides additional land use, sprawl could also lead to pollution, both from run-off and as a result of increased commutes. Researchers believe that strict planning and adherence to zoning regulations can help keep these problems under control.
Femi Oke, CNN.
(END VIDEOTAPE)
WHITFIELD: Straight ahead, we will hear from one of the most well-known inventors around, from the robot competition he created.
(COMMERCIAL BREAK)
WHITFIELD: Robots rule at the Georgia Dome in Atlanta right now. Thousands of teenagers from around the world are showing off some pretty amazing inventions. It's all part of the 15th Annual FIRST Robotics Championship.
Our Reynolds Wolf join us from the Georgia Dome with more on what is happening. Hey, Reynolds.
REYNOLDS WOLF, CNN CORRESPONDENT: Fredricka -- hey, Fredricka. This has been a lot of fun, and it's also been very loud. Very, very loud. We've had teams of kids, teenagers, from all over the country, all over the world, in fact, have been here competing with robots they've made themselves. And it's been a wonderful event.
We've got the founder and the inventor Dean Kamen with us. He's the inventor of the Segway personal transporter.
Mr. Kamen, what do you hope kids take from today's event?
DEAN KAMEN, "FIRST" FOUNDER: I hope all these and all the kids that are watching this all over the world realize that science and technology and inventing and creating things is every bit as exciting as bouncing a ball and singing on stage. Because the future is going to be for the people that know how to do this stuff.
And it really is exciting. And it's for everybody. The women and minorities, all those people that used to think science was only for some nerds, we're changing that impression, I hope.
WOLF: Absolutely. Well, where do you think you'd be if you had the same opportunities these kids have?
KAMEN: Well, I'm lucky. I always thought technology was really cool. But I think there's a lot of kids out there that, for whatever reason, haven't figured out how much fun this is. So I hope a lot of those kids end up being people that are working with me and my little company and some of the other giant companies that sponsor this event. Because there's a lot of big problems to be solved out there that are going to make a lot of exciting career opportunities. And a lot of people will get a lot of money for doing that.
WOLF: OK, do you think it's possible that future -- great future inventors -- could the next Dean Kamen be out here, the next Henry Ford, the next Thomas Edison, be here in this building?
KAMEN: I think with the amount of kids that we have out here now, there is no question that one of these kids is going to cure a disease or invent some new technology that we haven't even named yet or win a Nobel Prize. That's nearly guaranteed with all the kids out here, with all the passion they have.
WOLF: OK, one last question and we promise we'll leave you alone. What would you say to the kids who didn't make it here this year? What advice, what encouragement, do you give them?
KAMEN: The best news is we're growing so fast, we were in one high school gym with one event in 1992. This year, we had events in 33 cities around the United States and Canada. Next year, we'll have even more regional events. We'll be back here for the nationals and the finals. So if they didn't get here this year, they'll get here next year or they'll be in a regional in their own city.
WOLF: All right, fair enough. Thank you so much for your time.
KAMEN: Thank you.
WOLF: I appreciate it. What a great guy! What a great invention. Maybe one of his best inventions, the FIRST Robotics Championship. We'll have more coming up in a few moments. Fred, let's send it back to you.
WHITFIELD: All right. So neat. And it looks like the kids are having a blast. All right, Reynolds Wolf, thanks so much. In a very noisy Georgia Dome.
Coming up right after the break, CNN presents "Melting Point." And if you're going to spend time-out side this summer, there's more to worry about than a painful sunburn. Get the details on "CNN SATURDAY" at 4:00 p.m.
A check of today's headlines is coming up next and then "CNN PRESENTS."
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