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Kansas Justice; Michael Jackson Trial; Threat Against U.S.?; Firm Evidence Syrian Group Planned Tel Aviv Bomb

Aired March 01, 2005 - 14:00   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.


MILES O'BRIEN, CNN ANCHOR: The man suspected of being a serial killer who terrorized Wichita, Kansas, for more than 30 years appears in court. We're live with the latest on the BTK killer case.
KYRA PHILLIPS, CNN ANCHOR: A federal judge comes home to find her husband and mother shot to death. Investigators speak out about a possible connection to threats from a hate group.

(BEGIN VIDEO CLIP)

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

UNIDENTIFIED FEMALE: Ma'am, hold on.

UNIDENTIFIED FEMALE: Oh, my gosh, they're still shooting.

(END VIDEO CLIP)

O'BRIEN: Shots ring out at a Texas courthouse. Horrified witnesses call 911, and surveillance cameras show it all. Survivors tell their stories this hour. We have the tape, of course.

From the CNN Center in Atlanta, I'm Miles O'Brien.

PHILLIPS: And I'm Kyra Phillips. This hour of CNN's LIVE FROM starts right now.

O'BRIEN: We begin this hour with Kansas justice. Ten counts of first-degree murder, a $10 million bond for the longtime pillar of the community who prosecutors say led a double life as the infamous BTK serial attacker.

CNN's Bob Franken is our man in Wichita -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And it's officially, Miles, called a first appearance. That, of course, is what it was, his first appearance in court, or it was his image in court.

Dennis Rader was appearing in his orange jumpsuit from the Sedgwick County jail via a video hookup. He was accompanied by an attorney, Richard Nay (ph), who is only representing him in this procedure.

This is very preliminary. This is simply having the charges read to him and having bond set, which, as you pointed out, stays at $10 million. And then the date for the next phase of this, which is the preliminary hearing and the arraignment, which was set for March 15, two weeks since.

That would be routine, but we are warned that in this particular case, which is anything but routine, that could very, very easily slip. We're told that there could be any number of defense motions now that the public defender's office has been appointed to be his legal counsel. There could be a request for a competency hearing. You know what that is, of course, to question whether he has the mental capacity to be tried.

There could be a request for a change of venue. Now, there has never been, in this jurisdiction -- that is to say, Sedgwick County -- never has been a change of venue. But many attorneys are saying, given the notoriety of this case and the decades that people lived in fear, that there could be. The district attorney was the only lawyer who did any speaking whatsoever.

(BEGIN VIDEO CLIP)

NOLA FOULSTON, DISTRICT ATTORNEY: Today, in the district court, charges were filed against Park City resident Dennis Rader. A 10-count complaint and information has been filed in this case, alleging 10 homicides that occurred in our jurisdiction over 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 our courthouse. These, ladies and gentlemen, are allegations against an individual.

(END VIDEO CLIP)

FRANKEN: Those are the kinds of warnings that you always hear from prosecutors. But in this case, they may be pointed. There's been some criticism that the early publicity about this -- not only news media coverage, but comments from various police officials -- has, in the words of one defense attorney, convicted him before he even goes to court -- Miles.

O'BRIEN: CNN's Bob Franken in Wichita. Thank you -- Kyra.

PHILLIPS: One can hope for a miracle. More than five-and-a-half days after Jessica Lunsford was last seen by her family in Homasassa, Florida, Florida's governor suggests it may take more than a lucky break to find her. Today the search was transformed from a largely volunteer effort, covering a wide radius, to a concentrated effort with experts and scent dogs in the lead.

Jessie's family insists she didn't run away. And the Citrus County sheriff says he doubts it too. But so far, none of many hundreds of leads has given investigators anything to go on.

Still, they want your help. If you have anything to offer, you can call the sheriff's department at 352-726-1121, or the second number there, 352-726-4488.

Now to an unfolding investigation in Chicago. Police are asking for the public's help in solving a double homicide at a federal judge's home. The bodies of her husband and her mother were found in a pool of blood in the basement. Each had a gunshot wound to the head.

Police say Judge Joan Lefkow found the victims when she returned home from work last night. No weapon was found at the scene, but a window was broken, and police recovered two .22 caliber casings.

A few years ago, Judge Lefkow was targeted for a death in a failed white supremacist murder plot. But police say they have no indication that last night's killings are related to that case.

(BEGIN VIDEO CLIP)

CHIEF OF DET., JAMES MALLOY, CHICAGO POLICE DEPT.: There is much speculation about possible links between this crime and the possible involvement of hate groups. This is but one facet of our investigation.

We are looking in 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)

PHILLIPS: White supremacist Matthew Hale was convicted in 2004 of trying to hire someone to kill Lefkow. He is still awaiting sentencing on those charges. Police are asking anyone with information about the deaths to contact them at 312-744-8445.

O'BRIEN: Dueling images verbally painted in the child molestation trial of Michael Jackson. Prosecutors say his Neverland ranch is an enticing playground with a sordid underside, while the defense portrays his accuser's mother as a scheming manipulator and a gold digger. Testimony begins with a British journalist today.

Our Miguel Marquez outside the courthouse in Santa Maria, California -- Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Yes, and that testimony has begun. Tom Mesereau Jr. finished up his opening statement today. During that opening statement, he dangled out there a tantalizing tidbit that Michael Jackson may, in fact, testify today.

Mr. Jackson arrived here on time with his mother and Jackie -- his brother, Jackie. No other members of the family today other than those two.

Mr. Mesereau in court using the phrase several times "Michael Jackson will tell you," in addressing the jurors. "He'll tell you this, he'll tell you that." Several times he used that phraseology during his opening statement.

It all leads to the question of whether or not Michael Jackson himself will testify in this trial. Mr. Mesereau certainly opened the door to that, particularly when he said yesterday that an opening statement is a contract with the juror -- with the jury, and that you'd better not say anything in any opening statement that you don't mean to prove as court gets rolling along.

He also said during the end of his opening statement that a physician will testify. Michael Jackson's physician will testify that was on that plane where that alcohol was allegedly served to Mr. Jackson and to this boy in a coke can. And that physician was in a position to see everything and saw none of what the prosecution is talking about.

Right now what's going on is that television producer Martin Bashir, who now works for ABC television, but back in 2003 worked for ITV in Britain, he testified for a very short period of time just about his credentials. And right now they are showing the ITV version, or the British version of the "Living with Michael Jackson" special that aired in Britain.

Prosecutors say once that aired, it kicked off this series of events that caused the conspiracy. And then after it aired and after all of these investigations started was when the molestations of these boys occurred, allegations that Mr. Jackson, of course, denies -- Miles.

O'BRIEN: Miguel Marquez in Santa Maria. Thank you.

Across the country, keep the snow shovels and the cold weather gear handy. The second winter storm to hit the East Coast in less than a week, making getting around pretty miserable today. Classes are canceled in hundreds of schools from North Carolina to Maine. So are some airline flights.

Our Jacqui Jeras can pinpoint where the blustery weather is headed next -- Jacqui.

(WEATHER REPORT)

O'BRIEN: The weather caused an unusual kind of fender-bender this morning at Boston's Logan Airport. Actually, you probably could call it an aileron bender.

A snow plow clipped the left with of this U.S. Airways jet while it was on the tarmac. A flat-bender maybe? The plane was between flights. Well, I guess that's obvious. It was on the ground; of course it was between flights.

No one was on board. Authorities tell CNN the plow received worst damage than the plane. Nevertheless, FAA inspectors plan to look it over while they are between flights -- Kyra.

PHILLIPS: I just want to make sure we made the point, between flights, Miles.

All right. Serious stuff now. Caught on tape, we showed it to you just moments ago. As the glass shattered, the bullets flew at the Texas courthouse. And some people now are questioning why the man responsible for the shooting spree was able to buy a gun legally. That story ahead on LIVE FROM.

Opening statements in the Michael Jackson trial. Attorneys on both sides lay out the case. We're going to talk with our CNN legal analyst Jeffrey Toobin about who was in the courtroom later on LIVE FROM.

(COMMERCIAL BREAK)

PHILLIPS: Topping our "Security Watch," an alleged plot to kill the president. In Virginia this hour, a hearing to determine if Ahmed Abu Ali should be detained until his trial. Prosecutors say the 23- year-old poses a serious danger and a flight risk.

Last week, Abu Ali was brought back from Saudi Arabia, where he was arrested in 2003. Authorities say he planned to shoot President Bush or kill him in a car bombing.

The Bush administration says it will appeal an order to charge a man designated as an enemy combatant or let him go. A federal judge ruled yesterday the government cannot hold Jose Padilla indefinitely. Attorney General Alberto Gonzales says that is not the intention.

(BEGIN VIDEO CLIP)

ALBERTO GONZALES, U.S. ATTORNEY GENERAL: I think when you're talking about an American citizen, these are very, very important and very difficult issues. The administration has no interest in holding someone indefinitely. We'd like to, you know, dispose of the matter either by charging them and trying them in one way.

(END VIDEO CLIP)

PHILLIPS: Well, Padilla was taken into custody in May of 2002. Authorities say he was planning to attack the U.S. with a so-called dirty bomb.

O'BRIEN: Meantime, new fears that Osama bin Laden is trying to enlist a top operative in planning new attacks possibly here in the U.S. CNN Homeland Security correspondent Jeanne Meserve with the report.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: The source of the intelligence, an intercepted communication believed to be from Osama bin Laden to Abu Musab al-Zarqawi, who has conducted scores of attacks inside Iraq. The communication urged Zarqawi to launch attacks outside Iraq, officials say. It did not mention the U.S. specifically, but that is the inference that analyst are making. Although it was not specific about the time, place or means of possible attack, officials characterized the information as credible. And it was enough for the Department of Homeland Security to issue a classified bulletin to its state and local partners last Friday.

ASA HUTCHINSON, HOMELAND SECURITY UNDERSECRETARY: Whenever we get this kind of intelligence, we regularly share that with our homeland security advisers in the 50 states with local law enforcement, so they have the same information that we have. But whenever it is nonspecific, that means it's difficult to mount an operational response.

MESERVE: DHS spokesman Brian Roehrkasse says based on this new information, there are no plans to raise the nation's terror threat level. Officials say the intercept was made recently, overseas, but we do not know what kind of communication it was. And although officials believe the communication was between these two men, they note that lines of communication often become, as they say, polluted. That is, other people use them. One knowledgeable former official says an intercept could be noteworthy because Zarqawi is renowned for maintaining exceptionally good communications security. It's one reason he's not been apprehended.

Jeanne Meserve, CNN, Washington.

(END VIDEOTAPE)

O'BRIEN: And as always, 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.

PHILLIPS: Two human rights groups are suing Defense Secretary Donald Rumsfeld on behalf of eight men who say U.S. forces in Iraq and Afghanistan tortured them. The American Civil Liberties Union and Human Rights First filed suit in Rumsfeld's home state of Illinois. They told reporters in Washington today he had signed off on policies guiding prisoner treatment.

(BEGIN VIDEO CLIP)

LUCAS GUTTENTAG, LEAD COUNSEL: Secretary Rumsfeld cannot deny that he was directly and personally involved in setting interrogation standards and that he received innumerable warnings over several years of the abuse and torture of detainees. He has paid lip service to taking responsibility, but he has not been held accountable.

(END VIDEO CLIP)

PHILLIPS: The human rights groups charge that the eight men suffered beatings, knife wounds, sexual humiliation and assault and other abuses.

The State Department is blaming the U.S.-backed interim government in Iraq for a list of human rights abuses. The department's annual report on human rights includes references to accounts of torture and arbitrary deprivation of life. The report also complains of poor prison conditions, government corruption and limited labor rights largely due to insurgent violence.

But the State Department gives the Iraqi government credit for positive strides, including the January national elections, creation of a human rights ministry, and ongoing employment of women.

O'BRIEN: A hail of bullets shatters windows and changes lives. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh my god!

UNIDENTIFIED MALE: He's killing somebody right now.

UNIDENTIFIED FEMALE: OK.

(END VIDEO CLIP)

O'BRIEN: The cops release a 911 and surveillance tapes from a courthouse shooting. We'll have more on this straight ahead on LIVE FROM.

KATHLEEN HAYS, CNN CORRESPONDENT: I'm Kathleen Hays at the New York Stock Exchange. Coming up, it's the biggest personal tax evasion case in history. I'll tell you how a prominent businessman skipped paying more than $200 million to Uncle Sam next on LIVE FROM.

Stay tuned.

(WEATHER REPORT)

(COMMERCIAL BREAK)

O'BRIEN: This just coming into CNN. The U.S. government apparently has some firm evidence linking the Syrian-based Palestine Islamic Jihad to the bombing we witnessed in Tel Aviv last Friday night. CNN's John King at the White House with further details on this -- John.

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Miles, good afternoon to you. And the biggest significance here is the administration using what it says is firm evidence that a Syrian-based group was responsible for that bombing in Tel Aviv to ratchet up the already rather intense pressure on the Syrian government.

Now, this news was first broken by Condoleezza Rice, the secretary of state, in an interview with ABC. She is in London, but officials here in Washington confirm to us, they say the United States government has what they call firm evidence that the Damascus-based Palestine Islamic Jihad leadership not only authorized, but was actively involved in the planning of the bombing last Friday in Tel Aviv. Four people, I believe, killed in that bombing.

And the administration saying that it will now pressure Syria yet again. Remember, this comes at a time the administration is pressing Syria to stop what it says its support for the insurgency in Iraq, or at least allowing supporters of the insurgency to operate within Syria's borders at a time the administration is demanding that Syria immediately withdraw not only its troops, but all intelligence services and other personnel from Lebanon and allow free elections in Lebanon now that the Syrian-backed government has made the dramatic announced decision yesterday to resign.

The administration says it has this firm evidence, though it will not say what the evidence is. Now, the group, the Palestine Islamic Jihad, did claim responsibility for the bombing. It was one of several to claim responsibility, and the Israeli government has said it believed this group was responsible for the bombing.

So the United States pointing the finger at it is not so much the significant development, just so the biggest thing is that the administration is yet again finding another example of what it says is irresponsible behavior by the government of Syria, Miles, to keep up what at the moment is rather an extraordinary effort by the Bush White House to isolate and pressure the government.

O'BRIEN: Yes, let's talk about that effort, because Islamic Jihad, they did claim responsibility. No surprise that they're linked to Syria. That's never been a secret.

So to say there's firm evidence that they're linked to the bombing, is a bit of a -- well, it's a bit ho-hum. But taken in the broader context of, I guess the White House perception that Syria is on its heels here, that's a big story.

KING: It is a big story. The administration working closely with France on this issue, which is a surprise to some, of course. The United States and France not getting along on many issues, chief among them the Iraq war.

And some were wondering the arrest of Saddam Hussein's half brother of over the weekend. He had been in Syria. Some took that as a way for the Syrian government to say, hey, we're trying to cooperate with you, at least on some fronts.

Some thought perhaps the Bush White House would say thank you, or at least ease up the pressure a little bit. But the White House not giving an inch.

As you put it, it believes right now it has international attention focused on what it believes is the irresponsible, pro- terrorist behavior of the Syrian government. And this announcement today, this acknowledgment from the White House today and other administration officials, that they say they have firm evidence of this Damascus-based group's involvement in this bombing, yet another example this administration trying to tighten the screws, if you will, on the Syrian government.

O'BRIEN: Our senior White House correspondent is John King. Thank you -- Kyra.

PHILLIPS: Well, you might have heard of folks that owe a grand or more to the IRS, but how about failing to pay $200 million? Kathleen Hays joins us live from the New York Stock Exchange for that story.

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

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Aired March 1, 2005 - 14:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: The man suspected of being a serial killer who terrorized Wichita, Kansas, for more than 30 years appears in court. We're live with the latest on the BTK killer case.
KYRA PHILLIPS, CNN ANCHOR: A federal judge comes home to find her husband and mother shot to death. Investigators speak out about a possible connection to threats from a hate group.

(BEGIN VIDEO CLIP)

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

UNIDENTIFIED FEMALE: Ma'am, hold on.

UNIDENTIFIED FEMALE: Oh, my gosh, they're still shooting.

(END VIDEO CLIP)

O'BRIEN: Shots ring out at a Texas courthouse. Horrified witnesses call 911, and surveillance cameras show it all. Survivors tell their stories this hour. We have the tape, of course.

From the CNN Center in Atlanta, I'm Miles O'Brien.

PHILLIPS: And I'm Kyra Phillips. This hour of CNN's LIVE FROM starts right now.

O'BRIEN: We begin this hour with Kansas justice. Ten counts of first-degree murder, a $10 million bond for the longtime pillar of the community who prosecutors say led a double life as the infamous BTK serial attacker.

CNN's Bob Franken is our man in Wichita -- Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And it's officially, Miles, called a first appearance. That, of course, is what it was, his first appearance in court, or it was his image in court.

Dennis Rader was appearing in his orange jumpsuit from the Sedgwick County jail via a video hookup. He was accompanied by an attorney, Richard Nay (ph), who is only representing him in this procedure.

This is very preliminary. This is simply having the charges read to him and having bond set, which, as you pointed out, stays at $10 million. And then the date for the next phase of this, which is the preliminary hearing and the arraignment, which was set for March 15, two weeks since.

That would be routine, but we are warned that in this particular case, which is anything but routine, that could very, very easily slip. We're told that there could be any number of defense motions now that the public defender's office has been appointed to be his legal counsel. There could be a request for a competency hearing. You know what that is, of course, to question whether he has the mental capacity to be tried.

There could be a request for a change of venue. Now, there has never been, in this jurisdiction -- that is to say, Sedgwick County -- never has been a change of venue. But many attorneys are saying, given the notoriety of this case and the decades that people lived in fear, that there could be. The district attorney was the only lawyer who did any speaking whatsoever.

(BEGIN VIDEO CLIP)

NOLA FOULSTON, DISTRICT ATTORNEY: Today, in the district court, charges were filed against Park City resident Dennis Rader. A 10-count complaint and information has been filed in this case, alleging 10 homicides that occurred in our jurisdiction over 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 our courthouse. These, ladies and gentlemen, are allegations against an individual.

(END VIDEO CLIP)

FRANKEN: Those are the kinds of warnings that you always hear from prosecutors. But in this case, they may be pointed. There's been some criticism that the early publicity about this -- not only news media coverage, but comments from various police officials -- has, in the words of one defense attorney, convicted him before he even goes to court -- Miles.

O'BRIEN: CNN's Bob Franken in Wichita. Thank you -- Kyra.

PHILLIPS: One can hope for a miracle. More than five-and-a-half days after Jessica Lunsford was last seen by her family in Homasassa, Florida, Florida's governor suggests it may take more than a lucky break to find her. Today the search was transformed from a largely volunteer effort, covering a wide radius, to a concentrated effort with experts and scent dogs in the lead.

Jessie's family insists she didn't run away. And the Citrus County sheriff says he doubts it too. But so far, none of many hundreds of leads has given investigators anything to go on.

Still, they want your help. If you have anything to offer, you can call the sheriff's department at 352-726-1121, or the second number there, 352-726-4488.

Now to an unfolding investigation in Chicago. Police are asking for the public's help in solving a double homicide at a federal judge's home. The bodies of her husband and her mother were found in a pool of blood in the basement. Each had a gunshot wound to the head.

Police say Judge Joan Lefkow found the victims when she returned home from work last night. No weapon was found at the scene, but a window was broken, and police recovered two .22 caliber casings.

A few years ago, Judge Lefkow was targeted for a death in a failed white supremacist murder plot. But police say they have no indication that last night's killings are related to that case.

(BEGIN VIDEO CLIP)

CHIEF OF DET., JAMES MALLOY, CHICAGO POLICE DEPT.: There is much speculation about possible links between this crime and the possible involvement of hate groups. This is but one facet of our investigation.

We are looking in 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)

PHILLIPS: White supremacist Matthew Hale was convicted in 2004 of trying to hire someone to kill Lefkow. He is still awaiting sentencing on those charges. Police are asking anyone with information about the deaths to contact them at 312-744-8445.

O'BRIEN: Dueling images verbally painted in the child molestation trial of Michael Jackson. Prosecutors say his Neverland ranch is an enticing playground with a sordid underside, while the defense portrays his accuser's mother as a scheming manipulator and a gold digger. Testimony begins with a British journalist today.

Our Miguel Marquez outside the courthouse in Santa Maria, California -- Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Yes, and that testimony has begun. Tom Mesereau Jr. finished up his opening statement today. During that opening statement, he dangled out there a tantalizing tidbit that Michael Jackson may, in fact, testify today.

Mr. Jackson arrived here on time with his mother and Jackie -- his brother, Jackie. No other members of the family today other than those two.

Mr. Mesereau in court using the phrase several times "Michael Jackson will tell you," in addressing the jurors. "He'll tell you this, he'll tell you that." Several times he used that phraseology during his opening statement.

It all leads to the question of whether or not Michael Jackson himself will testify in this trial. Mr. Mesereau certainly opened the door to that, particularly when he said yesterday that an opening statement is a contract with the juror -- with the jury, and that you'd better not say anything in any opening statement that you don't mean to prove as court gets rolling along.

He also said during the end of his opening statement that a physician will testify. Michael Jackson's physician will testify that was on that plane where that alcohol was allegedly served to Mr. Jackson and to this boy in a coke can. And that physician was in a position to see everything and saw none of what the prosecution is talking about.

Right now what's going on is that television producer Martin Bashir, who now works for ABC television, but back in 2003 worked for ITV in Britain, he testified for a very short period of time just about his credentials. And right now they are showing the ITV version, or the British version of the "Living with Michael Jackson" special that aired in Britain.

Prosecutors say once that aired, it kicked off this series of events that caused the conspiracy. And then after it aired and after all of these investigations started was when the molestations of these boys occurred, allegations that Mr. Jackson, of course, denies -- Miles.

O'BRIEN: Miguel Marquez in Santa Maria. Thank you.

Across the country, keep the snow shovels and the cold weather gear handy. The second winter storm to hit the East Coast in less than a week, making getting around pretty miserable today. Classes are canceled in hundreds of schools from North Carolina to Maine. So are some airline flights.

Our Jacqui Jeras can pinpoint where the blustery weather is headed next -- Jacqui.

(WEATHER REPORT)

O'BRIEN: The weather caused an unusual kind of fender-bender this morning at Boston's Logan Airport. Actually, you probably could call it an aileron bender.

A snow plow clipped the left with of this U.S. Airways jet while it was on the tarmac. A flat-bender maybe? The plane was between flights. Well, I guess that's obvious. It was on the ground; of course it was between flights.

No one was on board. Authorities tell CNN the plow received worst damage than the plane. Nevertheless, FAA inspectors plan to look it over while they are between flights -- Kyra.

PHILLIPS: I just want to make sure we made the point, between flights, Miles.

All right. Serious stuff now. Caught on tape, we showed it to you just moments ago. As the glass shattered, the bullets flew at the Texas courthouse. And some people now are questioning why the man responsible for the shooting spree was able to buy a gun legally. That story ahead on LIVE FROM.

Opening statements in the Michael Jackson trial. Attorneys on both sides lay out the case. We're going to talk with our CNN legal analyst Jeffrey Toobin about who was in the courtroom later on LIVE FROM.

(COMMERCIAL BREAK)

PHILLIPS: Topping our "Security Watch," an alleged plot to kill the president. In Virginia this hour, a hearing to determine if Ahmed Abu Ali should be detained until his trial. Prosecutors say the 23- year-old poses a serious danger and a flight risk.

Last week, Abu Ali was brought back from Saudi Arabia, where he was arrested in 2003. Authorities say he planned to shoot President Bush or kill him in a car bombing.

The Bush administration says it will appeal an order to charge a man designated as an enemy combatant or let him go. A federal judge ruled yesterday the government cannot hold Jose Padilla indefinitely. Attorney General Alberto Gonzales says that is not the intention.

(BEGIN VIDEO CLIP)

ALBERTO GONZALES, U.S. ATTORNEY GENERAL: I think when you're talking about an American citizen, these are very, very important and very difficult issues. The administration has no interest in holding someone indefinitely. We'd like to, you know, dispose of the matter either by charging them and trying them in one way.

(END VIDEO CLIP)

PHILLIPS: Well, Padilla was taken into custody in May of 2002. Authorities say he was planning to attack the U.S. with a so-called dirty bomb.

O'BRIEN: Meantime, new fears that Osama bin Laden is trying to enlist a top operative in planning new attacks possibly here in the U.S. CNN Homeland Security correspondent Jeanne Meserve with the report.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN HOMELAND SECURITY CORRESPONDENT: The source of the intelligence, an intercepted communication believed to be from Osama bin Laden to Abu Musab al-Zarqawi, who has conducted scores of attacks inside Iraq. The communication urged Zarqawi to launch attacks outside Iraq, officials say. It did not mention the U.S. specifically, but that is the inference that analyst are making. Although it was not specific about the time, place or means of possible attack, officials characterized the information as credible. And it was enough for the Department of Homeland Security to issue a classified bulletin to its state and local partners last Friday.

ASA HUTCHINSON, HOMELAND SECURITY UNDERSECRETARY: Whenever we get this kind of intelligence, we regularly share that with our homeland security advisers in the 50 states with local law enforcement, so they have the same information that we have. But whenever it is nonspecific, that means it's difficult to mount an operational response.

MESERVE: DHS spokesman Brian Roehrkasse says based on this new information, there are no plans to raise the nation's terror threat level. Officials say the intercept was made recently, overseas, but we do not know what kind of communication it was. And although officials believe the communication was between these two men, they note that lines of communication often become, as they say, polluted. That is, other people use them. One knowledgeable former official says an intercept could be noteworthy because Zarqawi is renowned for maintaining exceptionally good communications security. It's one reason he's not been apprehended.

Jeanne Meserve, CNN, Washington.

(END VIDEOTAPE)

O'BRIEN: And as always, 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.

PHILLIPS: Two human rights groups are suing Defense Secretary Donald Rumsfeld on behalf of eight men who say U.S. forces in Iraq and Afghanistan tortured them. The American Civil Liberties Union and Human Rights First filed suit in Rumsfeld's home state of Illinois. They told reporters in Washington today he had signed off on policies guiding prisoner treatment.

(BEGIN VIDEO CLIP)

LUCAS GUTTENTAG, LEAD COUNSEL: Secretary Rumsfeld cannot deny that he was directly and personally involved in setting interrogation standards and that he received innumerable warnings over several years of the abuse and torture of detainees. He has paid lip service to taking responsibility, but he has not been held accountable.

(END VIDEO CLIP)

PHILLIPS: The human rights groups charge that the eight men suffered beatings, knife wounds, sexual humiliation and assault and other abuses.

The State Department is blaming the U.S.-backed interim government in Iraq for a list of human rights abuses. The department's annual report on human rights includes references to accounts of torture and arbitrary deprivation of life. The report also complains of poor prison conditions, government corruption and limited labor rights largely due to insurgent violence.

But the State Department gives the Iraqi government credit for positive strides, including the January national elections, creation of a human rights ministry, and ongoing employment of women.

O'BRIEN: A hail of bullets shatters windows and changes lives. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh my god!

UNIDENTIFIED MALE: He's killing somebody right now.

UNIDENTIFIED FEMALE: OK.

(END VIDEO CLIP)

O'BRIEN: The cops release a 911 and surveillance tapes from a courthouse shooting. We'll have more on this straight ahead on LIVE FROM.

KATHLEEN HAYS, CNN CORRESPONDENT: I'm Kathleen Hays at the New York Stock Exchange. Coming up, it's the biggest personal tax evasion case in history. I'll tell you how a prominent businessman skipped paying more than $200 million to Uncle Sam next on LIVE FROM.

Stay tuned.

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O'BRIEN: This just coming into CNN. The U.S. government apparently has some firm evidence linking the Syrian-based Palestine Islamic Jihad to the bombing we witnessed in Tel Aviv last Friday night. CNN's John King at the White House with further details on this -- John.

JOHN KING, CNN SR. WHITE HOUSE CORRESPONDENT: Miles, good afternoon to you. And the biggest significance here is the administration using what it says is firm evidence that a Syrian-based group was responsible for that bombing in Tel Aviv to ratchet up the already rather intense pressure on the Syrian government.

Now, this news was first broken by Condoleezza Rice, the secretary of state, in an interview with ABC. She is in London, but officials here in Washington confirm to us, they say the United States government has what they call firm evidence that the Damascus-based Palestine Islamic Jihad leadership not only authorized, but was actively involved in the planning of the bombing last Friday in Tel Aviv. Four people, I believe, killed in that bombing.

And the administration saying that it will now pressure Syria yet again. Remember, this comes at a time the administration is pressing Syria to stop what it says its support for the insurgency in Iraq, or at least allowing supporters of the insurgency to operate within Syria's borders at a time the administration is demanding that Syria immediately withdraw not only its troops, but all intelligence services and other personnel from Lebanon and allow free elections in Lebanon now that the Syrian-backed government has made the dramatic announced decision yesterday to resign.

The administration says it has this firm evidence, though it will not say what the evidence is. Now, the group, the Palestine Islamic Jihad, did claim responsibility for the bombing. It was one of several to claim responsibility, and the Israeli government has said it believed this group was responsible for the bombing.

So the United States pointing the finger at it is not so much the significant development, just so the biggest thing is that the administration is yet again finding another example of what it says is irresponsible behavior by the government of Syria, Miles, to keep up what at the moment is rather an extraordinary effort by the Bush White House to isolate and pressure the government.

O'BRIEN: Yes, let's talk about that effort, because Islamic Jihad, they did claim responsibility. No surprise that they're linked to Syria. That's never been a secret.

So to say there's firm evidence that they're linked to the bombing, is a bit of a -- well, it's a bit ho-hum. But taken in the broader context of, I guess the White House perception that Syria is on its heels here, that's a big story.

KING: It is a big story. The administration working closely with France on this issue, which is a surprise to some, of course. The United States and France not getting along on many issues, chief among them the Iraq war.

And some were wondering the arrest of Saddam Hussein's half brother of over the weekend. He had been in Syria. Some took that as a way for the Syrian government to say, hey, we're trying to cooperate with you, at least on some fronts.

Some thought perhaps the Bush White House would say thank you, or at least ease up the pressure a little bit. But the White House not giving an inch.

As you put it, it believes right now it has international attention focused on what it believes is the irresponsible, pro- terrorist behavior of the Syrian government. And this announcement today, this acknowledgment from the White House today and other administration officials, that they say they have firm evidence of this Damascus-based group's involvement in this bombing, yet another example this administration trying to tighten the screws, if you will, on the Syrian government.

O'BRIEN: Our senior White House correspondent is John King. Thank you -- Kyra.

PHILLIPS: Well, you might have heard of folks that owe a grand or more to the IRS, but how about failing to pay $200 million? Kathleen Hays joins us live from the New York Stock Exchange for that story.

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