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Live From...

Inside San Quentin State Prison; Person of Interest in Lunsford Case Now in Police Custody

Aired March 17, 2005 - 13:37   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: Now to Scott Peterson's new home, San Quentin, also known to San Fran locals as the "Bastille by the Bay." Apart from the view of that Bay, not much to recommend San Quentin, including the neighbors. California's newest death row inmate takes his place among the state's criminal pantheon.
CNN's Ted Rowlands takes you inside a world like no other.

(BEGIN VIDEOTAPE)

ROWLANDS (voice-over): San Quentin State Prison is home to California's death row. And it is a world all its own. Inmates here spend most their lives isolated in their cells with limited contact. A plastic shield moves along the cell block as guards in riot gear walk by.

Lieutenant Vernell Crittendon took us on a tour of where Scott Peterson is expected to live out his life, starting with a building called the Adjustment Center.

LT. VERNELL CRITTENDON, SAN QUENTIN: This is where we receive all of our newly-arrived death row inmates.

ROWLANDS: This is where Peterson will be evaluated to determine exactly where on death row he'll be placed. Crittendon says Peterson is expected to be a marked man.

CRITTENDON: Some young inmate on death row may find this a way to make a reputation for himself by saying, I attacked Scott Peterson.

ROWLANDS (on camera): Peterson will most likely spend between 30 and 45 days here at the Adjustment Center. This is where all new arrivals to death row are first brought. It is also where those prisoners that pose a threat are housed.

One of Scott Peterson's first death row neighbors will be Richard Ramirez, the night stalker, who is in the Adjustment Center for security reasons.

After leaving the Adjustment Center, we see a condemned man being escorted down what's called the tube, a long passageway that leads to the visitation center. Death row inmates are allowed personal visits on weekends and attorney visits during the week.

The prisoner in the distance in yellow at the end of the tube is not on death row. He must face the wall when a condemned man walks by.

Next, we see where Peterson will most likely be placed, condemned block row two. More than 400 of the 640-plus death row inmates live here, including convicted child killer David Westerfield and Yosemite murderer Kerry Stainer (ph).

Lieutenant Crittendon then shows us where death row inmates are executed.

CRITTENDON: You know, we have a choice in the state of California, where you can choose between lethal gas or lethal injection. That is the exhaust for the gas chamber, and right underneath it, behind that door, is where the execution chamber itself is at.

ROWLANDS: The gas chamber exhaust pipe looms over the exercise yard where condemned inmates have the option to spend up to five hours a day.

Peterson, like all death row inmates, will get a hot breakfast, served at 6:30 in the morning, a bag lunch, and a hot dinner around 5:00. He will have a TV and a radio in his cell, and he'll get mail, most likely a lot of it.

CRITTENDON: I believe that what we've experienced in the past will occur also with Scott Peterson. We will find thousands and thousands of women that will be writing to him all across this country, who will be trying to befriend him, offering him marriage.

ROWLANDS: The tour ends outside the death row cell block where Peterson is expected to live out his life. In the distance, you could see the area of water where prosecutors say he dumped the remains of his wife and unborn son.

(END VIDEOTAPE)

PHILLIPS: And as you heard, Richard Ramirez, the night stalker, serial killer; Richard Allen Davis, the sexual predator who murdered little Polly Klaas, and now Scott Peterson, the man convicted of killing his wife and unborn child. Killers who have two things in common, murder and San Quentin.

More now with Lieutenant Vernell Crittendon. You just saw him with our Ted Rowlands. He's joining us live from San Francisco. You were there this morning, Lieutenant, when Scott Peterson first set foot on California's death row. Tell us what it was like just after 4:00 a.m. your time.

CRITTENDON: Well, once he arrived this morning, he appeared to try to come off as if he was very calm and composed. But you could see that veil of nervousness about him, as he would give off those nervous smiles to the various staff as we were moving him through that process. He was always, at all times, very polite with our staff. He spoke in a very soft voice. He followed all of the instructions that were given to him, as he went through that process this morning, right up to the point where we brought him into and placed him in the cell that he'll be spending the first few hours and weeks here on death row.

PHILLIPS: Lieutenant, he arrived in a bulletproof vest. Is Scott Peterson a marked man?

CRITTENDON: Well, the San Mateo County Sheriffs took a wise precaution and that was in placing him with a bulletproof vest under his orange jumpsuit while they transported him to San Quentin. Once arriving at San Quentin and going through the unclothed body search, we removed that vest equipment, as he no longer will require that to be his safety. It will be the California Department of Corrections that will ensure his safety.

PHILLIPS: Have the other inmates been talking about Scott Peterson?

CRITTENDON: You know, actually, Scott Peterson really is not the focus. Many, many of the death row inmates, as well as the other inmates at San Quentin, are keenly aware that Scott Peterson is and was coming to San Quentin. But I don't believe it is the focus of their lives. Now, as I had spoken to earlier, you may have those young men that will see this as an opportunity to build a reputation by stating they had attacked Scott Peterson, but I don't believe that there will be many of them that will harbor any ill will because of his commitment offense, particularly those men on death row. As we know, most of them have been involved with murdering of children and women.

PHILLIPS: Point well made. I don't think anyone's got room to judge in that group of men. Lieutenant, tell us about this Adjustment Center that Scott Peterson will be in for about four weeks or so. What's the purpose of this Adjustment Center where he will be by himself? Is it because you have to carefully pick who he'll be able to be with eventually, when he's not in solitary confinement?

CRITTENDON: You know, that's exactly correct. We isolate the inmate away -- that is, an isolation in the sense that the only contact he will have, direct contact, will be with our staff. Other than that, we isolate him away while we evaluate what would be the appropriate group of death row inmates to place him with. As you're aware, we place our death row inmates -- we put them into six exercise yard groups. And these groups, we believe to be all compatible. And it will be between 70 to 90 inmates in that exercise group. And those will prove to be his community, the friends that he will soon have to make.

PHILLIPS: Be interested to see if he does get friends. I've got to ask this, Lieutenant. I know it will be about five years or so before Scott Peterson even gets to meet with an appeals attorney, and then after that comes the execution date. Scott Peterson will pick how he will die, correct? Either by lethal injection or by the gas chamber.

And if that's true, I'm just curious, from your experience there, is that an easy thing for someone who knows they're going to die and they just make that choice, or does that become a pretty intense moment for you and others there, as well as the criminal that's about to die?

CRITTENDON: Well, you know, I have been involved with all 11 executions that have taken place at San Quentin since we have reinstated executions in the United States, in January of 1978, and of those men that have been executed, of the 11, nine have had the opportunity to have the choice. But what my experience has shown is that most often -- actually in almost every case, they have chose not to choose. Therefore, the state of California executes them by lethal injection.

PHILLIPS: Interesting. Lieutenant Vernell Crittendon, information officer there at San Quentin, works side by side with Jill Brown, the warden. Quite a tough lady, I know. Sir, we sure appreciate your time today.

CRITTENDON: Well, you know, I appreciate the opportunity. I wanted to share, if I had a moment with you, a comment that Scott Peterson had made that we found somewhat interesting at the institution. And that was when we placed him inside of his cell, that he was going to be living in, which he is in now and we shortly after that served him breakfast in. And as the cell has a solid front, solid metal door front and it's electronically operated by another officer.

The officer shared as he placed Scott Peterson inside, Scott Peterson went in and immediately sat on the bunk, looking at the wall of the cell. He then -- the officer said, well, Scott, I guess you want to plan to lay down and take a nap now. Scott looked over at the officer from the seated position and said, man, I'm just too jazzed to even think about sleeping. And then, again, began to stare off into the emptiness of the cell.

PHILLIPS: Wow.

CRITTENDON: As the metal door then slid shut, locking him behind it. And the staff then walked away.

PHILLIPS: It's frightening to think that he could be jazzed, sitting there at San Quentin.

Vernell, thank you.

CRITTENDON: Thank you.

PHILLIPS: An update now on a story that we've been following, that happened just within the past couple of hours. You're looking at a live picture via our affiliate in New Jersey. This is a Corrections van that was driving down the Parkway, the Garden State Parkway, in Eatontown, New Jersey, when it was carjacked by a civilian gunman. Five inmates and a Corrections officer have been accounted for, are OK at this point. But the gunman took off down the Parkway in this van. It flipped over.

And now authorities have surrounded this vehicle. We don't know if they have established communications or not with the gunman. But they do believe he's still inside that van. Whether he's dead or alive, we don't know at this point. But we're going to continue to follow what happens with the gunman, if police do apprehend him, his condition. But at this point, all inmates there in New Jersey accounted for and the corrections officer driving that van said to be OK. We're going to take a quick break. More LIVE FROM right after this.

(COMMERCIAL BREAK)

PHILLIPS: Well, not since Lucy Ricardo hit the henna has a redhead made such an indelible impression on pop culture.

CNN's Jeanne Moos on the Scott Peterson juror known as much for seeing red as for being red.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Even in the background, she stuck out like a sore thumb, an inflamed thumb. The press dubbed the redheaded juror Strawberry Shortcake, after the cartoon character. And what a character she was.

RICHELLE NICE, PETERSON TRIAL JUROR: He knows nothing, maybe this much.

MOOS: Whether being dismissive of another juror who had been dismissed or calling Scott Peterson a jerk.

NICE: He is a jerk, and I have one comment for Scott. You look somebody in the face when they're talking to you.

MOOS: Richelle Nice wasn't always nice, but she was always colorful.

NICE: As you can see, I'm an emotional wreck and have been.

MOOS: The unemployed mother of four boys was known for her nine or so tattoos and the ever-changing hue of her hair. She wore high heels and preferred pink. She used to work in a bank. When reporters asked her what did she think about something, she asked back.

NICE: What did you think?

MOOS: She would laugh. She would sigh. Raise an eyebrow, sometimes cry, especially when the prosecution showed autopsy pictures in court.

NICE: Little man. That's what I call him, Conner. That was the hardest for me.

MOOS: Her 15 minutes of fame are just about up, but at least Strawberry Shortcake was never short on words, even if the one for Scott Peterson had to be bleeped.

NICE: (expletive deleted)

MICHAEL BELMESSIERI, PETERSON TRIAL JUROR: But he's on his way home, Scott figures. Guess what, Scotty?

NICE: San Quentin's your new home.

MOOS: San Quentin, where her own brother spent time on drug- related charges, prompting her mom to become a drug counselor.

Richelle Nice got us wondering, what is it about red heads that they tend to be such spit fires? From Fergie.

SARAH FERGUSON, DUCHESS OF YORK: Fergie, the duchess of pork.

MOOS: To Carrot Top.

CARROT TOP, COMEDIAN: I'm a hell of a kisser.

MOOS: To Ann Robinson.

ANN ROBINSON, HOST, "THE WEAKEST LINK": You are the weakest link. Good-bye.

MOOS: At least you can't say that about Strawberry Shortcake.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

PHILLIPS: Live pictures, once again. We think this man right here that's running, as police continue to surround him, is the gunman, who carjacked a Corrections van. They're taking him down right now. You're watching live pictures right now, as a number of law enforcement officers have surrounded a civilian gunman that car jacked a Corrections van with inmates inside. You see a number of SWAT team members, New Jersey SWAT team members, police officers, there in New Jersey. This is happening on the Garden State Parkway in New Jersey.

What had happened was this man they have taken down and surrendered, carjacked a correction van with inmates inside. The inmates got out, and he took off in the van. It flipped over. And for about half an hour or so that's been no movement inside that van. We didn't know if the gunman was alive or dead or what the situation was.

So law enforcement officers -- they're just now, look like, they're taking guns away. We're going to actually -- while they're apprehending him -- I don't know if can we do this in a split or not. Are we able to keep this live picture and also look at him running out of the van? OK, we're going to work both so you can see what happened.

So for a long period of time, for about half an hour, I should say or so, we didn't know if he was dead or alive, inside the van or not. Then the police used -- there you go -- and they used the little robot, the little orange robot, to go up and check out, to see if he was in there, if he was alive, if he had a gun, what the situation was. And within about five minutes of the robot approaching, you see the gunman, walking out of the van, slowly, kind of looking around. Who knows. He could have, you know, been completely disheveled from flipping in that van. And he just kind of makes a run for it. Officers got him surrounded. They're telling him stop. They're telling him to get down. And then as soon as he approaches that car, he's down. They take him down.

Don't know if he had a weapon on him. Don't know what the situation was with his hands in front of him. But we'll continue to follow this. We'll let you know what happened to the gunman, who he is and how it all happened. Anyway, carjacking over, gunman apprehended.

PHILLIPS: Now we want to take you to Augusta. We're listening to that news conference where John Couey, person of interest in the missing girl case of 9-year-old Jessica Lunsford, is in police custody.

Let's listen in.

SHERIFF RONNIE STRENGTH, RICHMOND CO., GA.: Further investigation revealed Couey had been in Augusta two days and was leaving today for Tennessee. Florida authorities have been contacted and are en route to Augusta today. Any further information concerning this investigation should come from Florida authorities investigating the incident.

Now, I'll attempt to answer any questions pertaining to our involvement, when Couey was taken into custody this morning.

QUESTION: Sir, Florida police, are they here now?

STRENGTH: They are here. They just arrived.

QUESTION: (INAUDIBLE)

STRENGTH: We don't know yet. He'll be interviewed by Florida authorities, and the decision will be made after that interview.

QUESTION: (INAUDIBLE)

STRENGTH: That, too, will have to be after the interview. I'm not sure what they're going to do, and they won't know in what direction they're going to follow until after this interview.

QUESTION: Was there any sign of the little girl, or any indication that he had been traveling with a younger person?

STRENGTH: We won't make any comment on anything that we may have found this morning.

QUESTION: Who was the woman who got out of the car with him in the sallyport this morning? There was a second person who got out. Is she related to this case at all?

STRENGTH: The only people that would have been in that sallyport other than Couey would have been law enforcement people.

QUESTION: Sir, could you talk about what was found with Couey this morning?

STRENGTH: Really we can't. That will be turned over to the investigators that are here from Florida. And they'll make any releases that they see necessary.

QUESTION: How did he get from Savannah to Augusta?

STRENGTH: We do not know. He said just Tennessee.

QUESTION: Did he get a Greyhound bus ticket, or was he going to get one?

STRENGTH: He did not have one, to my knowledge. He indicated that he was en route to the bus station to get a ticket.

QUESTION: Did he come by bus from Savannah to Augusta?

STRENGTH: We are not sure yet. We're just assuming. But investigators are in the field now, and they're following up on leads that we've already obtained.

QUESTION: Sheriff, do you know why he was here in Augusta?

STRENGTH: We don't. Like I say, we do have people in the street. They're still interviewing people. And we hope to have those answers later.

QUESTION: Did he make any statements to your investigators?

STRENGTH: We would not comment on anything that he may or may not have said.

QUESTION: Sheriff, (INAUDIBLE)?

STRENGTH: I met him a few minutes ago. I, of course, don't know who they are, but they are from the county where the incident originated.

QUESTION: And you said they're currently here?

STRENGTH: They are in our building right now.

QUESTION: Do you know anything about what he was doing while he was here in town?

STRENGTH: Well, we don't know till our people finish getting information in the streets.

QUESTION: Did he indicate what he was going to do and why he was heading to Tennessee?

STRENGTH: No, ma'am.

QUESTION: Was he on foot when (INAUDIBLE)?

STRENGTH: Right, he was on foot. Our people got a photograph of him, started searching the area. And he was walking when he was taken into custody.

QUESTION: How many deputies did you have (INAUDIBLE)?

STRENGTH: I don't know how many, but there were two that rode up on him and took him into custody.

QUESTION: Were there other agencies...

QUESTION: Had he been at the Salvation Army homeless shelter?

STRENGTH: I'm sorry?

QUESTION: Had he been at the Salvation Army homeless shelter?

STRENGTH: He had been there. We have confirmed that. He had registered at the Salvation Army using his name.

QUESTION: Do you have any idea how he got from Florida to here?

STRENGTH: We don't yet. We don't know.

QUESTION: How many other agencies were involved in his arrest? We understand that perhaps Savannah may have been up here, some other folks.

STRENGTH: No. We were the only ones involved.

Savannah's not up here. Florida had not been up here. Like I said, we got the initial call at 8:30 this morning, and he was taken into custody around 9:30.

QUESTION: To stay at the Salvation Army, I understand, you have to have identification. Did he show them his Homasassa, Florida, ID?

STRENGTH: He did have identification with him. Our people have that now. But you're correct, they do have to have that. He did have it, and he registered under that name.

QUESTION: Is the address on there the one that he's registered as a sex offender down in Florida?

STRENGTH: I'm sorry?

QUESTION: Is the address that was on his license, is that the address that he had registered as his (INAUDIBLE)?

STRENGTH: I'm not sure. I'm not sure.

QUESTION: Sheriff, (INAUDIBLE)?

STRENGTH: I'm sorry?

QUESTION: (INAUDIBLE)?

STRENGTH: We don't have any comment on any pictures or anything else that we may have taken.

QUESTION: Sheriff, (INAUDIBLE) investigating charges outstanding he had a long time ago?

STRENGTH: No charges outstanding here. Whether he had ties or not, we don't know at this point.

QUESTION: Can you tell us anything about his demeanor while in your custody?

STRENGTH: He was very cooperative. Like I said, he was taken without incident. He did not try to hide who he was. He told us who he was. And we had no problem whatsoever with him.

QUESTION: Did he give you any explanation as to why he left Homosassa?

STRENGTH: We wouldn't discuss anything that he may have said to us.

QUESTION: How soon will he have to go before a judge (INAUDIBLE)?

STRENGTH: Well, there is a time frame, but we don't even know if we're there or not. That's going to be up to Florida authorities, what they find out in this interview.

QUESTION: Who again recognized him at the Salvation Army?

STRENGTH: One of our -- oh, at the Salvation Army? One of the people that worked there, I'm not sure if they recognized him or his name. We've gotten two stories, and people are still out.

We think they did recognize him due to the media coverage from yesterday, I think. They recognized him from that. Now, he is -- of course he's clean shaven now. He no longer has the beard and all that was shown by the media.

QUESTION: Do you have any indication he knew he was being followed?

STRENGTH: We don't have any indication or know of that at all.

QUESTION: What about an extensive record in Florida as far as any previous charges or things that he may have been in jail on?

STRENGTH: We wouldn't discuss any of that. We're not that familiar with everything down there, so we would not say anything about that.

QUESTION: (INAUDIBLE)?

STRENGTH: None. QUESTION: Sheriff, are you or the Florida law enforcement interviewing any other people at the Salvation Army?

STRENGTH: Yes, ma'am, we have people up there. But they definitely would not be in connection with the incident in Florida.

We are investigating to find out as much as we can and why he was up here, who he was with, was he seeing anyone. But we have folks in the street doing that now.

QUESTION: So you do have an investigation of your own going on about his whereabouts and what he was doing here in Augusta?

STRENGTH: Yes, ma'am. And mainly that would be, you know, assisting Florida authorities up here.

OK. I do have -- like I said, if anybody would want a photograph and all that we have taken today at the law enforcement center, I'd be more than happy to give you -- and also, a copy of the release that I did read. If you do want one, I'd be happy to do that also.

QUESTION: Will there be any updates? Will we get a chance to talk with the Florida authorities?

STRENGTH: Well, that would be up to the Florida authorities. You know, I sure couldn't answer for them. But I would imagine if you call them I imagine they would talk to you. But I cannot answer for them.

QUESTION: Can we try and get to them through your office? Or should we...

STRENGTH: You need to call them directly, if you don't mind.

Thank you.

PHILLIPS: You've been listening to Sheriff Ronnie Strength there, Richmond County Sheriff in Augusta, Georgia, where John Couey was taken into custody.

Just to give you a quick background, John Couey became a person of interest -- you see the picture here of when he was arrested -- in the case of missing 9-year-old Florida girl, Jessica Lunsford, when police came out and said that he was a convicted sex offender and he was someone that police were looking for because he lived in the area -- cattycorner, actually, to the Lunsford home. So once police started searching for him, the media coverage started.

And he turned up in Salvation Army facility, a homeless shelter. And the sheriff saying he's not quite sure if those at the Salvation Army saw the media coverage and then saw the picture of him and his name and put two and two together and called police. We're not quite sure. It looks like that's how it could have turned out.

But evidently, John Couey traveling by Greyhound bus. He had turned up in Savannah. Police had questioned him, didn't take him into custody, and now he's turned up in Augusta, Georgia.

He is now in custody. Police are questioning him. I'm being told that Couey will be extradited to Citrus County to face the charges he was picked up on.

Meanwhile, you'll remember Lunsford was reported missing back in February, end of February, from her family home in Homasassa, Florida. And that's where our John Zarrella is right now with family members there.

John, are they getting word of this and feeling good about that? And what are police saying, and what's next for John Couey?

JOHN ZARRELLA, CNN CORRESPONDENT: Well, as far as the family's concerned, Kyra, they're not necessarily feeling good about this, because none of the family members said they know any more than we do other than the fact that police want to question him and that he is still just a person of interest to police. And police here in Citrus County have maintained right along that after they talk with him -- and now as we're hearing that the authorities from Florida are probably speaking with him as we speak -- that they may find out he had nothing to do with the disappearance of Jessica Lunsford.

Now, earlier today, I did have an opportunity to speak with Jessica's grandmother, Ruth. And Ruth was visibly upset as she talked with us and talked earlier even with other members of the media gathered here. But, again, saying they're hoping that this would just bring some closure if, in fact, it was him.

But the family members have said right along that they're not sure it is. And they're not holding out any hope.

About an hour ago, Mark Lunsford, Jessica's father, came out and spoke with us and said basically the same thing, that it's just too soon to tell. And he's not ready to say that this is the man.

PHILLIPS: Now, John, what happened...

(BEGIN VIDEO CLIP)

MARK LUNSFORD, JESSICA'S FATHER: The guy that they just picked up, like I said in the beginning, I'm not biting into that until the sheriff tells me that he's found my daughter. And I hope that everybody else can bear with me and do the same thing.

Let's not get our hopes up. We've had our hopes up before in the beginning. And we got let down. So, you know, don't -- just bear with the sheriff and let him do his questioning.

(END VIDEO CLIP)

ZARRELLA: Now, Kyra, both -- all of the members of the family are still maintaining, you know, that they did not know this man. They did not know that he was staying at the residence cattycorner to them, and had never seen him. And they didn't even know any of the other people that lived there -- Kyra. PHILLIPS: John, the polygraph that the grandmother took, police saying it raised some red flags. Did that have anything to do with John Couey's name or John Couey being in the neighborhood or anybody knowing about him?

ZARRELLA: No, apparently not. Apparently, the red flags had nothing to do with Couey. Police did say that yesterday at the press conference.

Then when I asked Ruth last night when I talked with her about those red flags in the polygraph, she said, "Look," she said, "I was very nervous. I had never taken a polygraph before."

And, in fact, the police had said the same thing, that it could very well just have been her nerves that triggered those responses. And that's as far as any of that has gone.

And so at this point, obviously, police are still saying, though, that although they are looking at this person of interest, John Couey, that nobody's ruled out. And the family members know that, that nobody has been ruled out by police as potentially involved in the disappearance -- Kyra.

PHILLIPS: All right. John Zarrella, thank you so much. We'll stay on that story.

Also straight ahead, Parkway police action. As we showed you just moments ago here on CNN, law officers in New Jersey move in on a suspect who apparently carjacked a Corrections van and wrecked it. We're going to have more details on that story just ahead on LIVE FROM.

(BEGIN VIDEO CLIP)

ROBERT MCCARTNEY'S SISTER: It just takes some people to stand up and say, no, we're not having anymore. And that's what we're doing.

(END VIDEO CLIP)

PHILLIPS: Sisters from Ireland on a mission to America to bring the killers of their brother to justice. Their story also straight ahead on LIVE FROM.

(COMMERCIAL BREAK)

PHILLIPS: Live pictures now as everyone remembers Judge Rowland Barnes in Atlanta. This service is being held for the Fulton County Superior Court judge. He was shot and killed in his courtroom last Friday.

Friends, colleagues, family members, they're all gathered here now at the Georgia Convention Center just south of Atlanta. Judge Barnes was about to resume the rape trial of Brian Nichols when he was shot. Nichols is accused of the shooting spree that left Barnes and three others dead. And a funeral for the federal agent, David Wilhelm, was held in Salisbury, North Carolina, this morning. Officials believe that Wilhelm was killed by the Atlanta courthouse shooter who killed Judge Barnes and two others. Wilhelm was gunned down in Atlanta's Buckhead neighborhood, several miles from the initial shootings.

Hundreds of people attended a memorial service for court reporter Julie Ann Brandau in Atlanta. She was shot dead in the same courtroom as Judge Barnes. A wake will be held for Sheriff's Deputy Hoyt Teasley this evening, and a service is scheduled for tomorrow.

Well, one programming note. A special edition of PEOPLE IN THE NEWS tonight features Ashley Smith, the single mother who led police to Brian Nichols. The one-hour special, "Ashley Smith: A Hero's Journey," will be hosted by CNN's Paula Zahn. That's PEOPLE IN THE NEWS at 10:00 Eastern tonight.

Well, she's already served half her sentence, but Martha Stewart's attorneys took her case to the appeals court today. Our Allan Chernoff was there. He joins us now live from New York City.

Hi, Allan.

ALLAN CHERNOFF, CNN SR. FINANCIAL CORRESPONDENT: Hello, Kyra.

And remember, Martha Stewart was convicted of lying about a stock sale in the stock of ImClone Systems. She already has served five months in prison, but still, her attorneys are appealing the case. And today they had a hearing in the courthouse behind me.

The attorneys, of course, wanted to focus on what they believed were procedural errors during the trial. But the three-judge panel appeared more interested in hearing about Martha Stewart's story about her stock sale.

"It was an unbelievable coincidence," said one of the judges, referring to the fact that Martha Stewart was selling her stock at the very time when the former chief executive officer's daughter of ImClone Systems was selling her stock. The judge also said, "How is it that Martha Stewart claimed that she did not recall a message from her broker that the stock might fall when, in fact, she had tried to erase that very message four days before she had an interview with federal authorities?" Meanwhile, the judges allowed the prosecution to just run through the evidence, once again against Martha Stewart.

Now, after the hearing, Martha Stewart had to walk a full block from the courthouse over to her car. That did give us an opportunity to try to have a peek at the ankle bracelet she has to wear during her five months of home confinement. And she was very aware that we were trying to shoot that ankle bracelet. It appears to be on the right ankle.

Martha Stewart didn't say much of anything except to answer the question, "What are you doing for St. Patrick's Day?"

(BEGIN VIDEO CLIP) QUESTION: What are you doing for St. Patty's Day?

MARTHA STEWART, MARTHA STEWART LIVING OMNIMEDIA: I planted my potatoes.

(END VIDEO CLIP)

CHERNOFF: So a happy St. Patrick's to you, Kyra. By the way, we also should be hearing from the three-judge panel after at least a month, but it could take much longer to get a written response, a written opinion after this hearing -- Kyra.

PHILLIPS: All right. Allan Chernoff, happy St. Patty's Day to you, too. Thanks so much.

Well, straight ahead, the baseball hearings on Capitol Hill. We're going to take you there live when the players enter the room.

Also on this St. Patrick's Day...

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We hope that this does produce results on the ground (ph) for this family because until it does, we cannot move on.

(END VIDEO CLIP)

PHILLIPS: ... their brother was killed in a bar brawl in Belfast, and five sisters from Ireland are bringing their quest for justice to Washington. Their story just ahead.

(COMMERCIAL BREAK)

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Aired March 17, 2005 - 13:37   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Now to Scott Peterson's new home, San Quentin, also known to San Fran locals as the "Bastille by the Bay." Apart from the view of that Bay, not much to recommend San Quentin, including the neighbors. California's newest death row inmate takes his place among the state's criminal pantheon.
CNN's Ted Rowlands takes you inside a world like no other.

(BEGIN VIDEOTAPE)

ROWLANDS (voice-over): San Quentin State Prison is home to California's death row. And it is a world all its own. Inmates here spend most their lives isolated in their cells with limited contact. A plastic shield moves along the cell block as guards in riot gear walk by.

Lieutenant Vernell Crittendon took us on a tour of where Scott Peterson is expected to live out his life, starting with a building called the Adjustment Center.

LT. VERNELL CRITTENDON, SAN QUENTIN: This is where we receive all of our newly-arrived death row inmates.

ROWLANDS: This is where Peterson will be evaluated to determine exactly where on death row he'll be placed. Crittendon says Peterson is expected to be a marked man.

CRITTENDON: Some young inmate on death row may find this a way to make a reputation for himself by saying, I attacked Scott Peterson.

ROWLANDS (on camera): Peterson will most likely spend between 30 and 45 days here at the Adjustment Center. This is where all new arrivals to death row are first brought. It is also where those prisoners that pose a threat are housed.

One of Scott Peterson's first death row neighbors will be Richard Ramirez, the night stalker, who is in the Adjustment Center for security reasons.

After leaving the Adjustment Center, we see a condemned man being escorted down what's called the tube, a long passageway that leads to the visitation center. Death row inmates are allowed personal visits on weekends and attorney visits during the week.

The prisoner in the distance in yellow at the end of the tube is not on death row. He must face the wall when a condemned man walks by.

Next, we see where Peterson will most likely be placed, condemned block row two. More than 400 of the 640-plus death row inmates live here, including convicted child killer David Westerfield and Yosemite murderer Kerry Stainer (ph).

Lieutenant Crittendon then shows us where death row inmates are executed.

CRITTENDON: You know, we have a choice in the state of California, where you can choose between lethal gas or lethal injection. That is the exhaust for the gas chamber, and right underneath it, behind that door, is where the execution chamber itself is at.

ROWLANDS: The gas chamber exhaust pipe looms over the exercise yard where condemned inmates have the option to spend up to five hours a day.

Peterson, like all death row inmates, will get a hot breakfast, served at 6:30 in the morning, a bag lunch, and a hot dinner around 5:00. He will have a TV and a radio in his cell, and he'll get mail, most likely a lot of it.

CRITTENDON: I believe that what we've experienced in the past will occur also with Scott Peterson. We will find thousands and thousands of women that will be writing to him all across this country, who will be trying to befriend him, offering him marriage.

ROWLANDS: The tour ends outside the death row cell block where Peterson is expected to live out his life. In the distance, you could see the area of water where prosecutors say he dumped the remains of his wife and unborn son.

(END VIDEOTAPE)

PHILLIPS: And as you heard, Richard Ramirez, the night stalker, serial killer; Richard Allen Davis, the sexual predator who murdered little Polly Klaas, and now Scott Peterson, the man convicted of killing his wife and unborn child. Killers who have two things in common, murder and San Quentin.

More now with Lieutenant Vernell Crittendon. You just saw him with our Ted Rowlands. He's joining us live from San Francisco. You were there this morning, Lieutenant, when Scott Peterson first set foot on California's death row. Tell us what it was like just after 4:00 a.m. your time.

CRITTENDON: Well, once he arrived this morning, he appeared to try to come off as if he was very calm and composed. But you could see that veil of nervousness about him, as he would give off those nervous smiles to the various staff as we were moving him through that process. He was always, at all times, very polite with our staff. He spoke in a very soft voice. He followed all of the instructions that were given to him, as he went through that process this morning, right up to the point where we brought him into and placed him in the cell that he'll be spending the first few hours and weeks here on death row.

PHILLIPS: Lieutenant, he arrived in a bulletproof vest. Is Scott Peterson a marked man?

CRITTENDON: Well, the San Mateo County Sheriffs took a wise precaution and that was in placing him with a bulletproof vest under his orange jumpsuit while they transported him to San Quentin. Once arriving at San Quentin and going through the unclothed body search, we removed that vest equipment, as he no longer will require that to be his safety. It will be the California Department of Corrections that will ensure his safety.

PHILLIPS: Have the other inmates been talking about Scott Peterson?

CRITTENDON: You know, actually, Scott Peterson really is not the focus. Many, many of the death row inmates, as well as the other inmates at San Quentin, are keenly aware that Scott Peterson is and was coming to San Quentin. But I don't believe it is the focus of their lives. Now, as I had spoken to earlier, you may have those young men that will see this as an opportunity to build a reputation by stating they had attacked Scott Peterson, but I don't believe that there will be many of them that will harbor any ill will because of his commitment offense, particularly those men on death row. As we know, most of them have been involved with murdering of children and women.

PHILLIPS: Point well made. I don't think anyone's got room to judge in that group of men. Lieutenant, tell us about this Adjustment Center that Scott Peterson will be in for about four weeks or so. What's the purpose of this Adjustment Center where he will be by himself? Is it because you have to carefully pick who he'll be able to be with eventually, when he's not in solitary confinement?

CRITTENDON: You know, that's exactly correct. We isolate the inmate away -- that is, an isolation in the sense that the only contact he will have, direct contact, will be with our staff. Other than that, we isolate him away while we evaluate what would be the appropriate group of death row inmates to place him with. As you're aware, we place our death row inmates -- we put them into six exercise yard groups. And these groups, we believe to be all compatible. And it will be between 70 to 90 inmates in that exercise group. And those will prove to be his community, the friends that he will soon have to make.

PHILLIPS: Be interested to see if he does get friends. I've got to ask this, Lieutenant. I know it will be about five years or so before Scott Peterson even gets to meet with an appeals attorney, and then after that comes the execution date. Scott Peterson will pick how he will die, correct? Either by lethal injection or by the gas chamber.

And if that's true, I'm just curious, from your experience there, is that an easy thing for someone who knows they're going to die and they just make that choice, or does that become a pretty intense moment for you and others there, as well as the criminal that's about to die?

CRITTENDON: Well, you know, I have been involved with all 11 executions that have taken place at San Quentin since we have reinstated executions in the United States, in January of 1978, and of those men that have been executed, of the 11, nine have had the opportunity to have the choice. But what my experience has shown is that most often -- actually in almost every case, they have chose not to choose. Therefore, the state of California executes them by lethal injection.

PHILLIPS: Interesting. Lieutenant Vernell Crittendon, information officer there at San Quentin, works side by side with Jill Brown, the warden. Quite a tough lady, I know. Sir, we sure appreciate your time today.

CRITTENDON: Well, you know, I appreciate the opportunity. I wanted to share, if I had a moment with you, a comment that Scott Peterson had made that we found somewhat interesting at the institution. And that was when we placed him inside of his cell, that he was going to be living in, which he is in now and we shortly after that served him breakfast in. And as the cell has a solid front, solid metal door front and it's electronically operated by another officer.

The officer shared as he placed Scott Peterson inside, Scott Peterson went in and immediately sat on the bunk, looking at the wall of the cell. He then -- the officer said, well, Scott, I guess you want to plan to lay down and take a nap now. Scott looked over at the officer from the seated position and said, man, I'm just too jazzed to even think about sleeping. And then, again, began to stare off into the emptiness of the cell.

PHILLIPS: Wow.

CRITTENDON: As the metal door then slid shut, locking him behind it. And the staff then walked away.

PHILLIPS: It's frightening to think that he could be jazzed, sitting there at San Quentin.

Vernell, thank you.

CRITTENDON: Thank you.

PHILLIPS: An update now on a story that we've been following, that happened just within the past couple of hours. You're looking at a live picture via our affiliate in New Jersey. This is a Corrections van that was driving down the Parkway, the Garden State Parkway, in Eatontown, New Jersey, when it was carjacked by a civilian gunman. Five inmates and a Corrections officer have been accounted for, are OK at this point. But the gunman took off down the Parkway in this van. It flipped over.

And now authorities have surrounded this vehicle. We don't know if they have established communications or not with the gunman. But they do believe he's still inside that van. Whether he's dead or alive, we don't know at this point. But we're going to continue to follow what happens with the gunman, if police do apprehend him, his condition. But at this point, all inmates there in New Jersey accounted for and the corrections officer driving that van said to be OK. We're going to take a quick break. More LIVE FROM right after this.

(COMMERCIAL BREAK)

PHILLIPS: Well, not since Lucy Ricardo hit the henna has a redhead made such an indelible impression on pop culture.

CNN's Jeanne Moos on the Scott Peterson juror known as much for seeing red as for being red.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Even in the background, she stuck out like a sore thumb, an inflamed thumb. The press dubbed the redheaded juror Strawberry Shortcake, after the cartoon character. And what a character she was.

RICHELLE NICE, PETERSON TRIAL JUROR: He knows nothing, maybe this much.

MOOS: Whether being dismissive of another juror who had been dismissed or calling Scott Peterson a jerk.

NICE: He is a jerk, and I have one comment for Scott. You look somebody in the face when they're talking to you.

MOOS: Richelle Nice wasn't always nice, but she was always colorful.

NICE: As you can see, I'm an emotional wreck and have been.

MOOS: The unemployed mother of four boys was known for her nine or so tattoos and the ever-changing hue of her hair. She wore high heels and preferred pink. She used to work in a bank. When reporters asked her what did she think about something, she asked back.

NICE: What did you think?

MOOS: She would laugh. She would sigh. Raise an eyebrow, sometimes cry, especially when the prosecution showed autopsy pictures in court.

NICE: Little man. That's what I call him, Conner. That was the hardest for me.

MOOS: Her 15 minutes of fame are just about up, but at least Strawberry Shortcake was never short on words, even if the one for Scott Peterson had to be bleeped.

NICE: (expletive deleted)

MICHAEL BELMESSIERI, PETERSON TRIAL JUROR: But he's on his way home, Scott figures. Guess what, Scotty?

NICE: San Quentin's your new home.

MOOS: San Quentin, where her own brother spent time on drug- related charges, prompting her mom to become a drug counselor.

Richelle Nice got us wondering, what is it about red heads that they tend to be such spit fires? From Fergie.

SARAH FERGUSON, DUCHESS OF YORK: Fergie, the duchess of pork.

MOOS: To Carrot Top.

CARROT TOP, COMEDIAN: I'm a hell of a kisser.

MOOS: To Ann Robinson.

ANN ROBINSON, HOST, "THE WEAKEST LINK": You are the weakest link. Good-bye.

MOOS: At least you can't say that about Strawberry Shortcake.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

PHILLIPS: Live pictures, once again. We think this man right here that's running, as police continue to surround him, is the gunman, who carjacked a Corrections van. They're taking him down right now. You're watching live pictures right now, as a number of law enforcement officers have surrounded a civilian gunman that car jacked a Corrections van with inmates inside. You see a number of SWAT team members, New Jersey SWAT team members, police officers, there in New Jersey. This is happening on the Garden State Parkway in New Jersey.

What had happened was this man they have taken down and surrendered, carjacked a correction van with inmates inside. The inmates got out, and he took off in the van. It flipped over. And for about half an hour or so that's been no movement inside that van. We didn't know if the gunman was alive or dead or what the situation was.

So law enforcement officers -- they're just now, look like, they're taking guns away. We're going to actually -- while they're apprehending him -- I don't know if can we do this in a split or not. Are we able to keep this live picture and also look at him running out of the van? OK, we're going to work both so you can see what happened.

So for a long period of time, for about half an hour, I should say or so, we didn't know if he was dead or alive, inside the van or not. Then the police used -- there you go -- and they used the little robot, the little orange robot, to go up and check out, to see if he was in there, if he was alive, if he had a gun, what the situation was. And within about five minutes of the robot approaching, you see the gunman, walking out of the van, slowly, kind of looking around. Who knows. He could have, you know, been completely disheveled from flipping in that van. And he just kind of makes a run for it. Officers got him surrounded. They're telling him stop. They're telling him to get down. And then as soon as he approaches that car, he's down. They take him down.

Don't know if he had a weapon on him. Don't know what the situation was with his hands in front of him. But we'll continue to follow this. We'll let you know what happened to the gunman, who he is and how it all happened. Anyway, carjacking over, gunman apprehended.

PHILLIPS: Now we want to take you to Augusta. We're listening to that news conference where John Couey, person of interest in the missing girl case of 9-year-old Jessica Lunsford, is in police custody.

Let's listen in.

SHERIFF RONNIE STRENGTH, RICHMOND CO., GA.: Further investigation revealed Couey had been in Augusta two days and was leaving today for Tennessee. Florida authorities have been contacted and are en route to Augusta today. Any further information concerning this investigation should come from Florida authorities investigating the incident.

Now, I'll attempt to answer any questions pertaining to our involvement, when Couey was taken into custody this morning.

QUESTION: Sir, Florida police, are they here now?

STRENGTH: They are here. They just arrived.

QUESTION: (INAUDIBLE)

STRENGTH: We don't know yet. He'll be interviewed by Florida authorities, and the decision will be made after that interview.

QUESTION: (INAUDIBLE)

STRENGTH: That, too, will have to be after the interview. I'm not sure what they're going to do, and they won't know in what direction they're going to follow until after this interview.

QUESTION: Was there any sign of the little girl, or any indication that he had been traveling with a younger person?

STRENGTH: We won't make any comment on anything that we may have found this morning.

QUESTION: Who was the woman who got out of the car with him in the sallyport this morning? There was a second person who got out. Is she related to this case at all?

STRENGTH: The only people that would have been in that sallyport other than Couey would have been law enforcement people.

QUESTION: Sir, could you talk about what was found with Couey this morning?

STRENGTH: Really we can't. That will be turned over to the investigators that are here from Florida. And they'll make any releases that they see necessary.

QUESTION: How did he get from Savannah to Augusta?

STRENGTH: We do not know. He said just Tennessee.

QUESTION: Did he get a Greyhound bus ticket, or was he going to get one?

STRENGTH: He did not have one, to my knowledge. He indicated that he was en route to the bus station to get a ticket.

QUESTION: Did he come by bus from Savannah to Augusta?

STRENGTH: We are not sure yet. We're just assuming. But investigators are in the field now, and they're following up on leads that we've already obtained.

QUESTION: Sheriff, do you know why he was here in Augusta?

STRENGTH: We don't. Like I say, we do have people in the street. They're still interviewing people. And we hope to have those answers later.

QUESTION: Did he make any statements to your investigators?

STRENGTH: We would not comment on anything that he may or may not have said.

QUESTION: Sheriff, (INAUDIBLE)?

STRENGTH: I met him a few minutes ago. I, of course, don't know who they are, but they are from the county where the incident originated.

QUESTION: And you said they're currently here?

STRENGTH: They are in our building right now.

QUESTION: Do you know anything about what he was doing while he was here in town?

STRENGTH: Well, we don't know till our people finish getting information in the streets.

QUESTION: Did he indicate what he was going to do and why he was heading to Tennessee?

STRENGTH: No, ma'am.

QUESTION: Was he on foot when (INAUDIBLE)?

STRENGTH: Right, he was on foot. Our people got a photograph of him, started searching the area. And he was walking when he was taken into custody.

QUESTION: How many deputies did you have (INAUDIBLE)?

STRENGTH: I don't know how many, but there were two that rode up on him and took him into custody.

QUESTION: Were there other agencies...

QUESTION: Had he been at the Salvation Army homeless shelter?

STRENGTH: I'm sorry?

QUESTION: Had he been at the Salvation Army homeless shelter?

STRENGTH: He had been there. We have confirmed that. He had registered at the Salvation Army using his name.

QUESTION: Do you have any idea how he got from Florida to here?

STRENGTH: We don't yet. We don't know.

QUESTION: How many other agencies were involved in his arrest? We understand that perhaps Savannah may have been up here, some other folks.

STRENGTH: No. We were the only ones involved.

Savannah's not up here. Florida had not been up here. Like I said, we got the initial call at 8:30 this morning, and he was taken into custody around 9:30.

QUESTION: To stay at the Salvation Army, I understand, you have to have identification. Did he show them his Homasassa, Florida, ID?

STRENGTH: He did have identification with him. Our people have that now. But you're correct, they do have to have that. He did have it, and he registered under that name.

QUESTION: Is the address on there the one that he's registered as a sex offender down in Florida?

STRENGTH: I'm sorry?

QUESTION: Is the address that was on his license, is that the address that he had registered as his (INAUDIBLE)?

STRENGTH: I'm not sure. I'm not sure.

QUESTION: Sheriff, (INAUDIBLE)?

STRENGTH: I'm sorry?

QUESTION: (INAUDIBLE)?

STRENGTH: We don't have any comment on any pictures or anything else that we may have taken.

QUESTION: Sheriff, (INAUDIBLE) investigating charges outstanding he had a long time ago?

STRENGTH: No charges outstanding here. Whether he had ties or not, we don't know at this point.

QUESTION: Can you tell us anything about his demeanor while in your custody?

STRENGTH: He was very cooperative. Like I said, he was taken without incident. He did not try to hide who he was. He told us who he was. And we had no problem whatsoever with him.

QUESTION: Did he give you any explanation as to why he left Homosassa?

STRENGTH: We wouldn't discuss anything that he may have said to us.

QUESTION: How soon will he have to go before a judge (INAUDIBLE)?

STRENGTH: Well, there is a time frame, but we don't even know if we're there or not. That's going to be up to Florida authorities, what they find out in this interview.

QUESTION: Who again recognized him at the Salvation Army?

STRENGTH: One of our -- oh, at the Salvation Army? One of the people that worked there, I'm not sure if they recognized him or his name. We've gotten two stories, and people are still out.

We think they did recognize him due to the media coverage from yesterday, I think. They recognized him from that. Now, he is -- of course he's clean shaven now. He no longer has the beard and all that was shown by the media.

QUESTION: Do you have any indication he knew he was being followed?

STRENGTH: We don't have any indication or know of that at all.

QUESTION: What about an extensive record in Florida as far as any previous charges or things that he may have been in jail on?

STRENGTH: We wouldn't discuss any of that. We're not that familiar with everything down there, so we would not say anything about that.

QUESTION: (INAUDIBLE)?

STRENGTH: None. QUESTION: Sheriff, are you or the Florida law enforcement interviewing any other people at the Salvation Army?

STRENGTH: Yes, ma'am, we have people up there. But they definitely would not be in connection with the incident in Florida.

We are investigating to find out as much as we can and why he was up here, who he was with, was he seeing anyone. But we have folks in the street doing that now.

QUESTION: So you do have an investigation of your own going on about his whereabouts and what he was doing here in Augusta?

STRENGTH: Yes, ma'am. And mainly that would be, you know, assisting Florida authorities up here.

OK. I do have -- like I said, if anybody would want a photograph and all that we have taken today at the law enforcement center, I'd be more than happy to give you -- and also, a copy of the release that I did read. If you do want one, I'd be happy to do that also.

QUESTION: Will there be any updates? Will we get a chance to talk with the Florida authorities?

STRENGTH: Well, that would be up to the Florida authorities. You know, I sure couldn't answer for them. But I would imagine if you call them I imagine they would talk to you. But I cannot answer for them.

QUESTION: Can we try and get to them through your office? Or should we...

STRENGTH: You need to call them directly, if you don't mind.

Thank you.

PHILLIPS: You've been listening to Sheriff Ronnie Strength there, Richmond County Sheriff in Augusta, Georgia, where John Couey was taken into custody.

Just to give you a quick background, John Couey became a person of interest -- you see the picture here of when he was arrested -- in the case of missing 9-year-old Florida girl, Jessica Lunsford, when police came out and said that he was a convicted sex offender and he was someone that police were looking for because he lived in the area -- cattycorner, actually, to the Lunsford home. So once police started searching for him, the media coverage started.

And he turned up in Salvation Army facility, a homeless shelter. And the sheriff saying he's not quite sure if those at the Salvation Army saw the media coverage and then saw the picture of him and his name and put two and two together and called police. We're not quite sure. It looks like that's how it could have turned out.

But evidently, John Couey traveling by Greyhound bus. He had turned up in Savannah. Police had questioned him, didn't take him into custody, and now he's turned up in Augusta, Georgia.

He is now in custody. Police are questioning him. I'm being told that Couey will be extradited to Citrus County to face the charges he was picked up on.

Meanwhile, you'll remember Lunsford was reported missing back in February, end of February, from her family home in Homasassa, Florida. And that's where our John Zarrella is right now with family members there.

John, are they getting word of this and feeling good about that? And what are police saying, and what's next for John Couey?

JOHN ZARRELLA, CNN CORRESPONDENT: Well, as far as the family's concerned, Kyra, they're not necessarily feeling good about this, because none of the family members said they know any more than we do other than the fact that police want to question him and that he is still just a person of interest to police. And police here in Citrus County have maintained right along that after they talk with him -- and now as we're hearing that the authorities from Florida are probably speaking with him as we speak -- that they may find out he had nothing to do with the disappearance of Jessica Lunsford.

Now, earlier today, I did have an opportunity to speak with Jessica's grandmother, Ruth. And Ruth was visibly upset as she talked with us and talked earlier even with other members of the media gathered here. But, again, saying they're hoping that this would just bring some closure if, in fact, it was him.

But the family members have said right along that they're not sure it is. And they're not holding out any hope.

About an hour ago, Mark Lunsford, Jessica's father, came out and spoke with us and said basically the same thing, that it's just too soon to tell. And he's not ready to say that this is the man.

PHILLIPS: Now, John, what happened...

(BEGIN VIDEO CLIP)

MARK LUNSFORD, JESSICA'S FATHER: The guy that they just picked up, like I said in the beginning, I'm not biting into that until the sheriff tells me that he's found my daughter. And I hope that everybody else can bear with me and do the same thing.

Let's not get our hopes up. We've had our hopes up before in the beginning. And we got let down. So, you know, don't -- just bear with the sheriff and let him do his questioning.

(END VIDEO CLIP)

ZARRELLA: Now, Kyra, both -- all of the members of the family are still maintaining, you know, that they did not know this man. They did not know that he was staying at the residence cattycorner to them, and had never seen him. And they didn't even know any of the other people that lived there -- Kyra. PHILLIPS: John, the polygraph that the grandmother took, police saying it raised some red flags. Did that have anything to do with John Couey's name or John Couey being in the neighborhood or anybody knowing about him?

ZARRELLA: No, apparently not. Apparently, the red flags had nothing to do with Couey. Police did say that yesterday at the press conference.

Then when I asked Ruth last night when I talked with her about those red flags in the polygraph, she said, "Look," she said, "I was very nervous. I had never taken a polygraph before."

And, in fact, the police had said the same thing, that it could very well just have been her nerves that triggered those responses. And that's as far as any of that has gone.

And so at this point, obviously, police are still saying, though, that although they are looking at this person of interest, John Couey, that nobody's ruled out. And the family members know that, that nobody has been ruled out by police as potentially involved in the disappearance -- Kyra.

PHILLIPS: All right. John Zarrella, thank you so much. We'll stay on that story.

Also straight ahead, Parkway police action. As we showed you just moments ago here on CNN, law officers in New Jersey move in on a suspect who apparently carjacked a Corrections van and wrecked it. We're going to have more details on that story just ahead on LIVE FROM.

(BEGIN VIDEO CLIP)

ROBERT MCCARTNEY'S SISTER: It just takes some people to stand up and say, no, we're not having anymore. And that's what we're doing.

(END VIDEO CLIP)

PHILLIPS: Sisters from Ireland on a mission to America to bring the killers of their brother to justice. Their story also straight ahead on LIVE FROM.

(COMMERCIAL BREAK)

PHILLIPS: Live pictures now as everyone remembers Judge Rowland Barnes in Atlanta. This service is being held for the Fulton County Superior Court judge. He was shot and killed in his courtroom last Friday.

Friends, colleagues, family members, they're all gathered here now at the Georgia Convention Center just south of Atlanta. Judge Barnes was about to resume the rape trial of Brian Nichols when he was shot. Nichols is accused of the shooting spree that left Barnes and three others dead. And a funeral for the federal agent, David Wilhelm, was held in Salisbury, North Carolina, this morning. Officials believe that Wilhelm was killed by the Atlanta courthouse shooter who killed Judge Barnes and two others. Wilhelm was gunned down in Atlanta's Buckhead neighborhood, several miles from the initial shootings.

Hundreds of people attended a memorial service for court reporter Julie Ann Brandau in Atlanta. She was shot dead in the same courtroom as Judge Barnes. A wake will be held for Sheriff's Deputy Hoyt Teasley this evening, and a service is scheduled for tomorrow.

Well, one programming note. A special edition of PEOPLE IN THE NEWS tonight features Ashley Smith, the single mother who led police to Brian Nichols. The one-hour special, "Ashley Smith: A Hero's Journey," will be hosted by CNN's Paula Zahn. That's PEOPLE IN THE NEWS at 10:00 Eastern tonight.

Well, she's already served half her sentence, but Martha Stewart's attorneys took her case to the appeals court today. Our Allan Chernoff was there. He joins us now live from New York City.

Hi, Allan.

ALLAN CHERNOFF, CNN SR. FINANCIAL CORRESPONDENT: Hello, Kyra.

And remember, Martha Stewart was convicted of lying about a stock sale in the stock of ImClone Systems. She already has served five months in prison, but still, her attorneys are appealing the case. And today they had a hearing in the courthouse behind me.

The attorneys, of course, wanted to focus on what they believed were procedural errors during the trial. But the three-judge panel appeared more interested in hearing about Martha Stewart's story about her stock sale.

"It was an unbelievable coincidence," said one of the judges, referring to the fact that Martha Stewart was selling her stock at the very time when the former chief executive officer's daughter of ImClone Systems was selling her stock. The judge also said, "How is it that Martha Stewart claimed that she did not recall a message from her broker that the stock might fall when, in fact, she had tried to erase that very message four days before she had an interview with federal authorities?" Meanwhile, the judges allowed the prosecution to just run through the evidence, once again against Martha Stewart.

Now, after the hearing, Martha Stewart had to walk a full block from the courthouse over to her car. That did give us an opportunity to try to have a peek at the ankle bracelet she has to wear during her five months of home confinement. And she was very aware that we were trying to shoot that ankle bracelet. It appears to be on the right ankle.

Martha Stewart didn't say much of anything except to answer the question, "What are you doing for St. Patrick's Day?"

(BEGIN VIDEO CLIP) QUESTION: What are you doing for St. Patty's Day?

MARTHA STEWART, MARTHA STEWART LIVING OMNIMEDIA: I planted my potatoes.

(END VIDEO CLIP)

CHERNOFF: So a happy St. Patrick's to you, Kyra. By the way, we also should be hearing from the three-judge panel after at least a month, but it could take much longer to get a written response, a written opinion after this hearing -- Kyra.

PHILLIPS: All right. Allan Chernoff, happy St. Patty's Day to you, too. Thanks so much.

Well, straight ahead, the baseball hearings on Capitol Hill. We're going to take you there live when the players enter the room.

Also on this St. Patrick's Day...

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UNIDENTIFIED FEMALE: We hope that this does produce results on the ground (ph) for this family because until it does, we cannot move on.

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PHILLIPS: ... their brother was killed in a bar brawl in Belfast, and five sisters from Ireland are bringing their quest for justice to Washington. Their story just ahead.

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