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BTK Suspect Appears in Court; Family of Federal Judge Murdered; No Clues in Case of Missing Florida Girl

Aired March 01, 2005 - 13:00   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.


KYRA PHILLIPS, CNN ANCHOR: This is your first look at the man accused of being a serial killer, Dennis Rader, appearing in court, via video hookup, charged with 10 counts of murder. We're live from the courthouse.
MILES O'BRIEN, CNN ANCHOR: And the BTK's killer's crimes terrorized Wichita. This hour, you'll hear from a Kansas man who says he saw BTK kill his mother.

PHILLIPS: A federal judge finds the bodies of her husband and mother and the deaths connected to a threat from a white supremacist?

From the CNN Center in Atlanta, hello, everyone. I'm Kyra Phillips.

O'BRIEN: And I'm Miles O'Brien. CNN's LIVE FROM starts right now.

PHILLIPS: The investigation took 31 years. Apprehension came quickly during a traffic stop. Now begins the prosecution of BTK suspect Dennis L. Rader, the city worker, church elder and Cub Scout leader, who today appeared in a Wichita, Kansas, courtroom via video hook up from the Sedgwick County jail.

Well, Rader heard the 10 murder counts filed against him, and he heard a judge affirm his bond at $10 million.

CNN's Bob Franken appears via video hook up from the courthouse.

Hi, Bob.

BOB FRANKEN, CNN CORRESPONDENT: Good afternoon, Kyra.

And of course, this is a routine part of the proceeding. It is officially called a first proceeding, but there is nothing routine about this case, the 10 murder cases spanning decades.

The alleged BTK killer was introduced. The judge asked him if he was Dennis Rader, if he lived -- then he outlined if he lived at the address he lived at, to which Rader said, "Yes, sir. Yes, sir." Very, very firm voice. Standing next to him was an attorney, who is temporarily assigned to him until the public defender can take over this case.

Each of these charges was read by the judge. The difference is, usually the reading of those charges is waived. Then the judge said to Rader, who was appearing on a television monitor, that he need to know if he understood the charges. Here's how it went.

(BEGIN VIDEO CLIP)

JUDGE GREG WALLER, SEDGWICK COUNTY, KANSAS: Do you understand that you're charged with 10 counts of first-degree murder?

DENNIS RADER, BTK SUSPECT: Yes, sir.

(END VIDEO CLIP)

FRANKEN: After that, the judge finished the proceedings and then at the very end of it, Rader said, "Thank you, sir."

What happens next is that there will be a preliminary hearing, set for March 15. That is when the judge decides whether there is probable cause to continue. That's the standard, far below the standard of reasonable doubt, which will prevail in the court case.

Immediately after that, the usual procedure is that the pleading is made, that is to say, he will plead either guilty or not guilty. And then the case will go on from there.

A case that has been over 30 years in the making. Officials are trying now to make sure that they do everything very methodically, very technically correct, after some criticism that their initial announcement of the case was one that really did damage to the reasonable doubt expectation that any defendant has -- Kyra.

PHILLIPS: Well, we've had a chance to see Dennis Rader. What about his wife, his two children? Are we seeing any members -- family members step up and show support, Bob?

FRANKEN: They are in seclusion. They are described by people with whom they have spoken to be in complete shock. Those people say they're left with the impression they had absolutely no idea. So no, there were no family members here today. But this was such a routine proceeding, and it was so brief that there would be no real reason for them to be here.

PHILLIPS: All right, Bob Franken, thanks so much.

And as Bob said, the defense team is still taking shape. But the stakes going in with a full bench. We expect to hear from the district attorney a little later in this hour of LIVE FROM. We'll bring it to you.

O'BRIEN: Now to Chicago, where violent crime hit home for a federal judge who herself had been the target of a murder plot.

Joan Humphrey Lefkow came home yesterday to find the bodies of her husband and her 89-year-old mother, both of whom had been shot in the head. Suspicions turned quickly to a white supremacist grudge arising from a Lefkow ruling years before.

But in a news conference we brought you just a few moments ago, police say they're ruling nothing out. (BEGIN VIDEO CLIP)

DET. JIM MALLOY, CHICAGO POLICE: There's much speculation about possible link between this crime and the possible involvement of hate groups. This is about one facet of our investigation. We are looking at many, many directions, but it would be far too early to draw any definitive links. The case is too new, and the evidence is still being worked up. It is also too soon to determine a motive.

(END VIDEO CLIP)

O'BRIEN: Judges, to state the obvious, make lots of enemies, most of whom aren't inclined to forgive and forget. So how do they survive their careers?

CNN's law enforcement analyst Mike Brooks is here to tell us, you know, in the case of a judge, there are so many potential suspects that it must be difficult for law enforcement.

MIKE BROOKS, CNN LAW ENFORCEMENT ANALYST: It really is. And keep in mind, also, that Michael Lefkow, the victim, is also an attorney who practices law in Chicago. It could have been someone who was involved in a case with him.

But right now, they are not going to focus on anything -- but you cannot ignore, Miles, the Matt Hale case where the judge, Judge Lefkow, actually presided over a trademark infringement case back in 2004. In fact, he was found guilty of conspiring to kill her. They had an FBI informant that was in with the group. And he was convicted of that. And he's actually sentence -- scheduled for sentence on April 6.

And then after that, law enforcement, the FBI being put out a warning to law enforcement to be on the lookout, to be just as a warning, that possible sympathizers of Hale could be out to get more people who were involved in the case.

So again, that is one of the things that just pops right out at you. But there's a lot of things right now that law enforcement has to take a look at. Still early, early in the case.

O'BRIEN: And there's a demonstrated track record of sympathizers of this guy Hale perhaps doing harm.

BROOKS: There is. And you know, he's left a trail of blood, if you will, along his way, over the years. And, you know, we're going to take a closer look at that as we go along.

But you look at the U.S. marshal service, they are -- they're the ones who protect the judges. In fact, within the U.S. marshal service themselves, there is a judicial security division.

O'BRIEN: All right. Mike Brooks, got to go. Got some breaking news -- Kyra.

PHILLIPS: District -- district attorney, rather, Nola Foulston, the BTK killing, we'll listen in now. She's up at the podium.

NOLA FOULSTON, SEDGWICK COUNTY DISTRICT ATTORNEY: ... a series of years. As you might know, this case has ended with the arrest of Mr. Rader, and now the case makes its way to the courthouse.

These, ladies and gentlemen, are allegations against an individual, allegations that must be proven in a court of law in this jurisdiction.

The prosecutor's offices in this jurisdiction and in all jurisdictions are guided by principles set down by Supreme Court rules; in this state, the rules of the Kansas Supreme Court. They prohibit release of information other than certain information that can be given to you with regard to the name, basic information about the accused, and other information about the process and steps in this particular case.

We are prohibited by law from giving extra judicial information that might have a tendency to give this individual anything less than those constitutional rights that he is given by the United States government. And it is not our prerogative to try our case on the courthouse steps. But I will give you the opportunity to ask some basic questions.

And I know it's always very difficult for reporters, who are here to report the news, to be stymied, in effect, by being -- asking questioning and having someone say to you, "Oh, I'm sorry, I can't answer that." So in any news conference or any media conference, when we are here, it is to enable you to get some brief information about the case.

So before I let you ask a -- basic questions, let me tell you a little bit about our community. Wichita is a Midwestern community, a very typical Midwestern community.

The office of the district attorney -- I've been the district attorney in this jurisdiction since 1989. I have served four terms. I'm in my fifth term.

I am surrounded by the most competent and qualified prosecutors that anyone could ever ask for. I am assisted during this particular case by some of most wonderful prosecutors. I have, assisting me, are my trial staff, Miss Kim Parker. Kim Parker is the deputy -- chief deputy district attorney in this jurisdiction. And she is my first in command.

I'm also assisted by deputy district attorney, Kevin O'Connor. Kevin served a term with the United States U.S. attorney in the terrorism, anti-terrorism, and death penalty unit. And he comes to us from Chicago. And he's made his home here in Kansas.

PHILLIPS: Sedgwick County District Attorney Nola Foulston introducing, basically, her staff there in front of reporters and before the country, as we continue to follow the investigation that took 31 years. She will be the head of that team, which, as you know, the prosecution now begins, of the BTK killer, Dennis -- suspected, or the allegations, the suspect Dennis Rader now behind bars.

We saw him the first time via video hookup from the Sedgwick County jail, for the first time hearing from the D.A. as she addresses the team as prosecution begin.

We hope to talk to Nola Foulston one-on-one later in the hour. We'll bring that to you live as soon as it happens -- Miles.

O'BRIEN: More crime and punishment. Hundreds of leads but nothing to go on. The search for 9-year-old Jessica Lunsford moves away from blanket searches by volunteers in the family's hometown of Homosassa Springs, Florida, and toward more concentrated efforts by experts and bloodhounds.

More than five days into Jessica's disappearance, Florida's governor says hopes hinge on a miracle.

We get the latest from CNN's Susan Candiotti, joining us live now on Florida's Gulf Coast -- Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hello, Miles.

In the words of the sheriff, "We have no solid leads." As -- that's not very encouraging news as police enter the sixth day of their investigation, trying to locate 9-year-old Jessica Lunsford.

The ground search, using hundreds and hundreds of volunteers over the past five days, is over. And today, search and rescue dogs are out, as they were within the first 24 hours of her disappearance.

They are concentrating on a largely wooded residential area about a mile around Jessica's home. They are zeroing in there, because authorities say they still think that the missing pieces to the puzzle are very close to Jessica's home.

In fact, one spokesman said, "You know, it took us five days to go over five miles using the volunteers. Now we're going to take three days to go over only three quarters of a mile."

Now, Jessica's father, as he has every day, continues to cooperate with police, they say. He is meeting with them again today.

And Jessica's grandfather is scheduled to take his polygraph today. His -- Jessica's father already has -- appears to have passed a polygraph test, as well as a voice stress test. And the grandfather has also passed, we are told, a stress test on his voice.

Now, the sheriff will not say as yet that Jessica was kidnapped. But he says he does not think she was a runaway.

(BEGIN VIDEO CLIP)

SHERIFF JEFF DAWSY, CITRUS COUNTY, FLORIDA: We just have not been able to validate that is in her personality. That's the reason why we're -- we're not looking at that. She seems to be a very abiding young girl who loved her grandmother very, very much and her dad. And everything we hear is this is not what she -- what her makeup is.

(END VIDEO CLIP)

CANDIOTTI: Now, the family agreed to give reporters a look inside Jessica's bedroom. It is neat as a pin. The family says that is how she kept it each and every day.

Her bed sheets were taken by police early on for analysis for possible evidence. And on a chair next to her bed, the jeans and the top she was ready to wear to school very next day, the day she disappeared.

No shoes, however, were missing. That concerns authorities. Only a favorite toy, a plush dolphin, purple, that her father won for her at the county fair.

And in the words of one investigator close to this investigation, Miles, he said, "We have precious little to work with."

Back to you.

O'BRIEN: A precious girl missing. Susan Candiotti, thank you very much -- Kyra.

PHILLIPS: Cruel, yes, unusual, formally nonexistent from here on out. By the closest possible margin, 5-4, the Supreme Court of the United States says it's unconstitutional to execute killers who are under 18 at the time of their crimes.

Nineteen states will thus have to rewrite -- rewrite the statutes. Seventy murderers, give or take, will thus be moved from Death Row. But not, we should point out, released.

CNN legal analyst Jeffrey Toobin says the ruling constitutes a shift in judicial philosophy.

(BEGIN VIDEO CLIP)

JEFFREY TOOBIN, CNN LEGAL ANALYST: Even though the membership on the Supreme Court hasn't changed for 10 years, the court has changed.

In the '90s, this was a court that was really pushing people towards executions, making it easier to apply the death penalty. In the past few years, this decision shows how the court has moved away from the death penalty.

Very much the same kind of decision two years ago, when they out ruled -- they outlawed the death penalty for the mentally retarded. Much the same reasoning: the world has changed, society has changed, you can't execute juvenile defender -- juvenile offenders.

(END VIDEO CLIP)

PHILLIPS: The lawyers have spoken. The testimony begins in Michael Jackson's child molestation trial. TV journalist Martin Bashir is the leadoff witness for prosecution. At issue, you'll remember his explosive documentary, "Living with Michael Jackson," in which the entertainer holds hands with his young accuser and acknowledges that he shares his bedroom with young boys. He also says it's entirely innocent.

In their opening statement, the D.A. painted Jackson as a pedophile who went to great and bizarre lengths to keep his actions private. The defense depicted Jackson as a victim of a scam perpetrated by his alleged victim's mother.

We're going to get much more on today's proceedings in the second hour of LIVE FROM.

O'BRIEN: A man has one question for a suspected serial killer.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What possessed him to kill my mother?

(END VIDEO CLIP)

O'BRIEN: He was 5 years old when he says he saw the BTK Killer murder his mother. He'll tell his chilling story a little later on LIVE FROM.

And messages from Osama bin Laden to a top terrorist in Iraq. Are they plotting an attack against the United States? Details on that straight ahead.

ANNOUNCER: You're watching CNN's LIVE FROM, with Kyra Phillips and Miles O'Brien.

(COMMERCIAL BREAK)

O'BRIEN: Just a short time ago, Secretary of State Condoleezza Rice took time out from an international conference on Palestinian reform to comment on the latest events in Lebanon. Speaking in London, Rice offered support to Lebanon, a day after the Syrian-backed government resigned.

(BEGIN VIDEO CLIP)

CONDOLEEZZA RICE, SECRETARY OF STATE: The events in Lebanon in the last couple of days are quite dramatic. The resignation of the Lebanese government. There will need to be preparations for elections so that they're free and fair and that are independent of the influences, the contaminating influences, of foreign interference.

Now, the Lebanese will have to take control of this themselves. The international community cannot step in for the Lebanese in doing the hard political work ahead of them. But what the international community can do is to offer its help in any way that the Lebanese, as they move forward, deem -- deem necessary.

(END VIDEO CLIP) PHILLIPS: Dispatching a deputy, passing the baton? Well, while security officials mull the implications of a recent message believed to be from Osama bin Laden to Abu Musab al-Zarqawi, they say that the bottom line is that al Qaeda remains intent on striking the U.S. and its interests.

The Department of Homeland Security alerted state advisers and other authorities after intercepting a communication they say contains a credible but nonspecific threat.

One government official says the message indicates that bin Laden's desire for al-Zarqawi to expand operations outside Iraq. Another U.S. official notes that al Qaeda striking the U.S. is still the brass ring.

O'BRIEN: Well, he's been in a military prison for more than 2 1/2 years. And now a federal judge in South Carolina says that the government must charge Jose Padilla with a crime within the next 45 days or he's eligible for release.

Padilla, detained as an enemy combatant, is suspected of plotting with al Qaeda to detonate a dirty bomb in the U.S. But he has never been charged. The government vows to appeal that ruling.

Another American accused of plotting with al Qaeda due in a Washington courtroom within the hour for a detention hearing. Ahmed Omar Abu Ali is charged with supporting an al Qaeda terrorist and taking a part in discussions about assassinating President Bush.

He was returned from Saudi Arabia last week. Defense attorneys will ask that Ali be released on bail.

PHILLIPS: Don't forget, CNN is committed to providing the most reliable coverage of news that affects your security. Stay tuned to CNN for the latest information, day and night.

(BEGIN VIDEO CLIP)

PHILLIPS (voice-over): Next on LIVE FROM: a federal judge finds family members shot to death in her home. We'll go in depth on the white supremacist who once targeted the judge for death.

Later on LIVE FROM...

UNIDENTIFIED FEMALE: Automatic weapon -- he is at -- at the back door, shooting at people.

UNIDENTIFIED MALE: He's killing somebody right now.

PHILLIPS: Surveillance cameras roll as shots ring out at a Texas courthouse. Survivors tell their stories.

Standing alone in Mecca. A devout Muslim woman embarks on a dangerous jury, from middle America to the Middle East. She tells about her struggle for the soul of Islam tomorrow on LIVE FROM.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

PHILLIPS: This year's college grads might not have to ask Mom and Dad for their old room back. The market for entry-level jobs is improving. That's good news.

Kathleen Hays, who joins us LIVE FROM the New York Stock Exchange. But you don't have to worry about that yet, though, right, Kathleen?

(STOCK REPORT)

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Aired March 1, 2005 - 13:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: This is your first look at the man accused of being a serial killer, Dennis Rader, appearing in court, via video hookup, charged with 10 counts of murder. We're live from the courthouse.
MILES O'BRIEN, CNN ANCHOR: And the BTK's killer's crimes terrorized Wichita. This hour, you'll hear from a Kansas man who says he saw BTK kill his mother.

PHILLIPS: A federal judge finds the bodies of her husband and mother and the deaths connected to a threat from a white supremacist?

From the CNN Center in Atlanta, hello, everyone. I'm Kyra Phillips.

O'BRIEN: And I'm Miles O'Brien. CNN's LIVE FROM starts right now.

PHILLIPS: The investigation took 31 years. Apprehension came quickly during a traffic stop. Now begins the prosecution of BTK suspect Dennis L. Rader, the city worker, church elder and Cub Scout leader, who today appeared in a Wichita, Kansas, courtroom via video hook up from the Sedgwick County jail.

Well, Rader heard the 10 murder counts filed against him, and he heard a judge affirm his bond at $10 million.

CNN's Bob Franken appears via video hook up from the courthouse.

Hi, Bob.

BOB FRANKEN, CNN CORRESPONDENT: Good afternoon, Kyra.

And of course, this is a routine part of the proceeding. It is officially called a first proceeding, but there is nothing routine about this case, the 10 murder cases spanning decades.

The alleged BTK killer was introduced. The judge asked him if he was Dennis Rader, if he lived -- then he outlined if he lived at the address he lived at, to which Rader said, "Yes, sir. Yes, sir." Very, very firm voice. Standing next to him was an attorney, who is temporarily assigned to him until the public defender can take over this case.

Each of these charges was read by the judge. The difference is, usually the reading of those charges is waived. Then the judge said to Rader, who was appearing on a television monitor, that he need to know if he understood the charges. Here's how it went.

(BEGIN VIDEO CLIP)

JUDGE GREG WALLER, SEDGWICK COUNTY, KANSAS: Do you understand that you're charged with 10 counts of first-degree murder?

DENNIS RADER, BTK SUSPECT: Yes, sir.

(END VIDEO CLIP)

FRANKEN: After that, the judge finished the proceedings and then at the very end of it, Rader said, "Thank you, sir."

What happens next is that there will be a preliminary hearing, set for March 15. That is when the judge decides whether there is probable cause to continue. That's the standard, far below the standard of reasonable doubt, which will prevail in the court case.

Immediately after that, the usual procedure is that the pleading is made, that is to say, he will plead either guilty or not guilty. And then the case will go on from there.

A case that has been over 30 years in the making. Officials are trying now to make sure that they do everything very methodically, very technically correct, after some criticism that their initial announcement of the case was one that really did damage to the reasonable doubt expectation that any defendant has -- Kyra.

PHILLIPS: Well, we've had a chance to see Dennis Rader. What about his wife, his two children? Are we seeing any members -- family members step up and show support, Bob?

FRANKEN: They are in seclusion. They are described by people with whom they have spoken to be in complete shock. Those people say they're left with the impression they had absolutely no idea. So no, there were no family members here today. But this was such a routine proceeding, and it was so brief that there would be no real reason for them to be here.

PHILLIPS: All right, Bob Franken, thanks so much.

And as Bob said, the defense team is still taking shape. But the stakes going in with a full bench. We expect to hear from the district attorney a little later in this hour of LIVE FROM. We'll bring it to you.

O'BRIEN: Now to Chicago, where violent crime hit home for a federal judge who herself had been the target of a murder plot.

Joan Humphrey Lefkow came home yesterday to find the bodies of her husband and her 89-year-old mother, both of whom had been shot in the head. Suspicions turned quickly to a white supremacist grudge arising from a Lefkow ruling years before.

But in a news conference we brought you just a few moments ago, police say they're ruling nothing out. (BEGIN VIDEO CLIP)

DET. JIM MALLOY, CHICAGO POLICE: There's much speculation about possible link between this crime and the possible involvement of hate groups. This is about one facet of our investigation. We are looking at many, many directions, but it would be far too early to draw any definitive links. The case is too new, and the evidence is still being worked up. It is also too soon to determine a motive.

(END VIDEO CLIP)

O'BRIEN: Judges, to state the obvious, make lots of enemies, most of whom aren't inclined to forgive and forget. So how do they survive their careers?

CNN's law enforcement analyst Mike Brooks is here to tell us, you know, in the case of a judge, there are so many potential suspects that it must be difficult for law enforcement.

MIKE BROOKS, CNN LAW ENFORCEMENT ANALYST: It really is. And keep in mind, also, that Michael Lefkow, the victim, is also an attorney who practices law in Chicago. It could have been someone who was involved in a case with him.

But right now, they are not going to focus on anything -- but you cannot ignore, Miles, the Matt Hale case where the judge, Judge Lefkow, actually presided over a trademark infringement case back in 2004. In fact, he was found guilty of conspiring to kill her. They had an FBI informant that was in with the group. And he was convicted of that. And he's actually sentence -- scheduled for sentence on April 6.

And then after that, law enforcement, the FBI being put out a warning to law enforcement to be on the lookout, to be just as a warning, that possible sympathizers of Hale could be out to get more people who were involved in the case.

So again, that is one of the things that just pops right out at you. But there's a lot of things right now that law enforcement has to take a look at. Still early, early in the case.

O'BRIEN: And there's a demonstrated track record of sympathizers of this guy Hale perhaps doing harm.

BROOKS: There is. And you know, he's left a trail of blood, if you will, along his way, over the years. And, you know, we're going to take a closer look at that as we go along.

But you look at the U.S. marshal service, they are -- they're the ones who protect the judges. In fact, within the U.S. marshal service themselves, there is a judicial security division.

O'BRIEN: All right. Mike Brooks, got to go. Got some breaking news -- Kyra.

PHILLIPS: District -- district attorney, rather, Nola Foulston, the BTK killing, we'll listen in now. She's up at the podium.

NOLA FOULSTON, SEDGWICK COUNTY DISTRICT ATTORNEY: ... a series of years. As you might know, this case has ended with the arrest of Mr. Rader, and now the case makes its way to the courthouse.

These, ladies and gentlemen, are allegations against an individual, allegations that must be proven in a court of law in this jurisdiction.

The prosecutor's offices in this jurisdiction and in all jurisdictions are guided by principles set down by Supreme Court rules; in this state, the rules of the Kansas Supreme Court. They prohibit release of information other than certain information that can be given to you with regard to the name, basic information about the accused, and other information about the process and steps in this particular case.

We are prohibited by law from giving extra judicial information that might have a tendency to give this individual anything less than those constitutional rights that he is given by the United States government. And it is not our prerogative to try our case on the courthouse steps. But I will give you the opportunity to ask some basic questions.

And I know it's always very difficult for reporters, who are here to report the news, to be stymied, in effect, by being -- asking questioning and having someone say to you, "Oh, I'm sorry, I can't answer that." So in any news conference or any media conference, when we are here, it is to enable you to get some brief information about the case.

So before I let you ask a -- basic questions, let me tell you a little bit about our community. Wichita is a Midwestern community, a very typical Midwestern community.

The office of the district attorney -- I've been the district attorney in this jurisdiction since 1989. I have served four terms. I'm in my fifth term.

I am surrounded by the most competent and qualified prosecutors that anyone could ever ask for. I am assisted during this particular case by some of most wonderful prosecutors. I have, assisting me, are my trial staff, Miss Kim Parker. Kim Parker is the deputy -- chief deputy district attorney in this jurisdiction. And she is my first in command.

I'm also assisted by deputy district attorney, Kevin O'Connor. Kevin served a term with the United States U.S. attorney in the terrorism, anti-terrorism, and death penalty unit. And he comes to us from Chicago. And he's made his home here in Kansas.

PHILLIPS: Sedgwick County District Attorney Nola Foulston introducing, basically, her staff there in front of reporters and before the country, as we continue to follow the investigation that took 31 years. She will be the head of that team, which, as you know, the prosecution now begins, of the BTK killer, Dennis -- suspected, or the allegations, the suspect Dennis Rader now behind bars.

We saw him the first time via video hookup from the Sedgwick County jail, for the first time hearing from the D.A. as she addresses the team as prosecution begin.

We hope to talk to Nola Foulston one-on-one later in the hour. We'll bring that to you live as soon as it happens -- Miles.

O'BRIEN: More crime and punishment. Hundreds of leads but nothing to go on. The search for 9-year-old Jessica Lunsford moves away from blanket searches by volunteers in the family's hometown of Homosassa Springs, Florida, and toward more concentrated efforts by experts and bloodhounds.

More than five days into Jessica's disappearance, Florida's governor says hopes hinge on a miracle.

We get the latest from CNN's Susan Candiotti, joining us live now on Florida's Gulf Coast -- Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hello, Miles.

In the words of the sheriff, "We have no solid leads." As -- that's not very encouraging news as police enter the sixth day of their investigation, trying to locate 9-year-old Jessica Lunsford.

The ground search, using hundreds and hundreds of volunteers over the past five days, is over. And today, search and rescue dogs are out, as they were within the first 24 hours of her disappearance.

They are concentrating on a largely wooded residential area about a mile around Jessica's home. They are zeroing in there, because authorities say they still think that the missing pieces to the puzzle are very close to Jessica's home.

In fact, one spokesman said, "You know, it took us five days to go over five miles using the volunteers. Now we're going to take three days to go over only three quarters of a mile."

Now, Jessica's father, as he has every day, continues to cooperate with police, they say. He is meeting with them again today.

And Jessica's grandfather is scheduled to take his polygraph today. His -- Jessica's father already has -- appears to have passed a polygraph test, as well as a voice stress test. And the grandfather has also passed, we are told, a stress test on his voice.

Now, the sheriff will not say as yet that Jessica was kidnapped. But he says he does not think she was a runaway.

(BEGIN VIDEO CLIP)

SHERIFF JEFF DAWSY, CITRUS COUNTY, FLORIDA: We just have not been able to validate that is in her personality. That's the reason why we're -- we're not looking at that. She seems to be a very abiding young girl who loved her grandmother very, very much and her dad. And everything we hear is this is not what she -- what her makeup is.

(END VIDEO CLIP)

CANDIOTTI: Now, the family agreed to give reporters a look inside Jessica's bedroom. It is neat as a pin. The family says that is how she kept it each and every day.

Her bed sheets were taken by police early on for analysis for possible evidence. And on a chair next to her bed, the jeans and the top she was ready to wear to school very next day, the day she disappeared.

No shoes, however, were missing. That concerns authorities. Only a favorite toy, a plush dolphin, purple, that her father won for her at the county fair.

And in the words of one investigator close to this investigation, Miles, he said, "We have precious little to work with."

Back to you.

O'BRIEN: A precious girl missing. Susan Candiotti, thank you very much -- Kyra.

PHILLIPS: Cruel, yes, unusual, formally nonexistent from here on out. By the closest possible margin, 5-4, the Supreme Court of the United States says it's unconstitutional to execute killers who are under 18 at the time of their crimes.

Nineteen states will thus have to rewrite -- rewrite the statutes. Seventy murderers, give or take, will thus be moved from Death Row. But not, we should point out, released.

CNN legal analyst Jeffrey Toobin says the ruling constitutes a shift in judicial philosophy.

(BEGIN VIDEO CLIP)

JEFFREY TOOBIN, CNN LEGAL ANALYST: Even though the membership on the Supreme Court hasn't changed for 10 years, the court has changed.

In the '90s, this was a court that was really pushing people towards executions, making it easier to apply the death penalty. In the past few years, this decision shows how the court has moved away from the death penalty.

Very much the same kind of decision two years ago, when they out ruled -- they outlawed the death penalty for the mentally retarded. Much the same reasoning: the world has changed, society has changed, you can't execute juvenile defender -- juvenile offenders.

(END VIDEO CLIP)

PHILLIPS: The lawyers have spoken. The testimony begins in Michael Jackson's child molestation trial. TV journalist Martin Bashir is the leadoff witness for prosecution. At issue, you'll remember his explosive documentary, "Living with Michael Jackson," in which the entertainer holds hands with his young accuser and acknowledges that he shares his bedroom with young boys. He also says it's entirely innocent.

In their opening statement, the D.A. painted Jackson as a pedophile who went to great and bizarre lengths to keep his actions private. The defense depicted Jackson as a victim of a scam perpetrated by his alleged victim's mother.

We're going to get much more on today's proceedings in the second hour of LIVE FROM.

O'BRIEN: A man has one question for a suspected serial killer.

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UNIDENTIFIED MALE: What possessed him to kill my mother?

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O'BRIEN: He was 5 years old when he says he saw the BTK Killer murder his mother. He'll tell his chilling story a little later on LIVE FROM.

And messages from Osama bin Laden to a top terrorist in Iraq. Are they plotting an attack against the United States? Details on that straight ahead.

ANNOUNCER: You're watching CNN's LIVE FROM, with Kyra Phillips and Miles O'Brien.

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O'BRIEN: Just a short time ago, Secretary of State Condoleezza Rice took time out from an international conference on Palestinian reform to comment on the latest events in Lebanon. Speaking in London, Rice offered support to Lebanon, a day after the Syrian-backed government resigned.

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CONDOLEEZZA RICE, SECRETARY OF STATE: The events in Lebanon in the last couple of days are quite dramatic. The resignation of the Lebanese government. There will need to be preparations for elections so that they're free and fair and that are independent of the influences, the contaminating influences, of foreign interference.

Now, the Lebanese will have to take control of this themselves. The international community cannot step in for the Lebanese in doing the hard political work ahead of them. But what the international community can do is to offer its help in any way that the Lebanese, as they move forward, deem -- deem necessary.

(END VIDEO CLIP) PHILLIPS: Dispatching a deputy, passing the baton? Well, while security officials mull the implications of a recent message believed to be from Osama bin Laden to Abu Musab al-Zarqawi, they say that the bottom line is that al Qaeda remains intent on striking the U.S. and its interests.

The Department of Homeland Security alerted state advisers and other authorities after intercepting a communication they say contains a credible but nonspecific threat.

One government official says the message indicates that bin Laden's desire for al-Zarqawi to expand operations outside Iraq. Another U.S. official notes that al Qaeda striking the U.S. is still the brass ring.

O'BRIEN: Well, he's been in a military prison for more than 2 1/2 years. And now a federal judge in South Carolina says that the government must charge Jose Padilla with a crime within the next 45 days or he's eligible for release.

Padilla, detained as an enemy combatant, is suspected of plotting with al Qaeda to detonate a dirty bomb in the U.S. But he has never been charged. The government vows to appeal that ruling.

Another American accused of plotting with al Qaeda due in a Washington courtroom within the hour for a detention hearing. Ahmed Omar Abu Ali is charged with supporting an al Qaeda terrorist and taking a part in discussions about assassinating President Bush.

He was returned from Saudi Arabia last week. Defense attorneys will ask that Ali be released on bail.

PHILLIPS: Don't forget, CNN is committed to providing the most reliable coverage of news that affects your security. Stay tuned to CNN for the latest information, day and night.

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PHILLIPS (voice-over): Next on LIVE FROM: a federal judge finds family members shot to death in her home. We'll go in depth on the white supremacist who once targeted the judge for death.

Later on LIVE FROM...

UNIDENTIFIED FEMALE: Automatic weapon -- he is at -- at the back door, shooting at people.

UNIDENTIFIED MALE: He's killing somebody right now.

PHILLIPS: Surveillance cameras roll as shots ring out at a Texas courthouse. Survivors tell their stories.

Standing alone in Mecca. A devout Muslim woman embarks on a dangerous jury, from middle America to the Middle East. She tells about her struggle for the soul of Islam tomorrow on LIVE FROM.

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PHILLIPS: This year's college grads might not have to ask Mom and Dad for their old room back. The market for entry-level jobs is improving. That's good news.

Kathleen Hays, who joins us LIVE FROM the New York Stock Exchange. But you don't have to worry about that yet, though, right, Kathleen?

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