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Convicted Sex Offender Released

Aired May 04, 2005 - 13:30   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: Condoleezza Rice, secretary of state, addressing reporters. Let's listen in.
(JOINED IN PROGRESS)

CONDOLEEZZA RICE, SECY. OF STATE: The Pakistanis are to be congratulated for the hard work that they did. Of course, we've been cooperating with them, but the Pakistanis, as we've been saying, have been really stalwart in the war on terrorism. They've been fighting in parts of Pakistan that have not been even open to Pakistani forces for a very long time. And so this is a great victory for them. It's a great victory in the war on terrorism.

And, Barry, I'll leave it to others to describe, but I can tell you that this is somebody that we watched a lot every single day, those of us who have been very involved in the war on terrorism, a very important figure for the Al Qaeda network.

QUESTION: Perhaps you could give us an update on the Australian hostage and whether you've heard anything from the team that's in Iraq. And could you perhaps give a sketch of the kind of cooperation between Australia and the U.S. in the search for him?

ALEXANDER DOWNER, AUSTRALIAN FOREIGN MINISTER: Sure. There isn't a great deal of additional information that I have today to add to what I said last night. The family have now made an appeal for the release of Douglas Wood through Al Jazeera. And we, by the way, appreciate the assistance that the Australian ABC (ph) have provided to make that possible. Just want to make that point on the record.

The -- I think the appeal by the family can be helpful. And the fact is that Douglas Wood is a 63-year-old. He's got significant health problems, in particular, has a very weak heart. But also has other health problems. And he does have a family, and the family really cares about him, and they miss him and they want him back.

And so I think it's been good that the family has made this appeal. I think that's an important effort.

On the ground, the response team is getting excellent cooperation -- well, to focus on the United States, and there are all sorts of different ways the Americans can assist in providing information to the team, guess I'll just put it to you that way, and they are being completely cooperative. They're working with the Iraqis. They're meeting with the Iraqi government. They're also working with a number of other countries, as we are through our diplomatic missions an well. That includes countries like Italy, and U.K., Turkey, France. And in some cases, these countries have experienced hostages being taken themselves and are able to pass that on and give us more information about leads that we can follow.

At this stage, though, we haven't tracked down where Douglas Wood is, and we'll continue to work on that. We'll be fairly cautious, though. Let me say, from now on in giving a running commentary on how the operation is going, because I think you'll understand that it's important that we remain pretty discreet about the details of how we're handling this.

Rest assured there is nothing at this stage which is diminishing our determination to get Douglas Wood released. We are utterly determined to get him released. It may be difficult, but we will -- we're putting everything we possibly can into it. And we have far from given up hope.

PHILLIPS: Two responses to two stories we've been following. Of course that's the Australian foreign minister that's meeting with Secretary of State Condoleezza Rice right now. First of all, they were talking about the Australian hostage in Iraq, Douglas Wood. The foreign minister there thanking the U.S. for help and support as the negotiations are continuing, trying to get that hostage released at this point.

Also, Condoleezza Rice talking about the alleged No. 3 man in Al Qaeda. This man, Abu Faraj Al Libi, arrested in Pakistan, along with 10 other Al Qaeda suspects in Pakistan. This man believed to be responsible for the terror group's global operations. A big coup in the war on terror, Condoleezza rice says.

We're going to take a quick break. More LIVE FROM right after this.

(COMMERCIAL BREAK)

PHILLIPS: Now to San Antonio, Texas, where the released of a convicted sex offender has the community in an uproar.

Reporter Gina Galvese (ph) from CNN affiliate KSAT has the details on what happens next.

(BEGIN VIDEOTAPE)

GINA GALVESE (ph), KSAT REPORTER (on camera): Mr. McQuay will you re-offend again?

UNIDENTIFIED MALE: No ma'am.

GALVESE (voice-over): Larry Don McQuay tells me, no, ma'am, he will not re-offend. The convicted child molester once demanded to be surgically castrated, claiming, if not, he'd prey on children again.

The 41-year-old McQuay not willing to talk about castration as he is escorted into his new home the Bexar County Jail. A prison spokeswoman not able to confirm if McQuay underwent the procedure. AMADEO ORTIZ, DEP. CHIEF, BEXAR CO. JAIL: McQuay will be housed here, but he's not at liberty to leave like other inmates are in the work-release program.

GALVESE: He will leave in an open bay like this with 48 other inmates. Anywhere he goes, to treatment, training, or to look for a job, he will be escorted. McQuay is in the super-intensive supervision program, which means he will wear a global-positioning system ankle bracelet, monitored around the clock.

ORTIZ: I know the community is concerned that he is going to be among them, but that's not case, because he's not ready to be unsupervised.

GALVESE: McQuay, originally sent to prison, convicted of molesting a 7-year-old San Antonio boy. He worked as a school bus driver. He served half of his 20-year sentence. McQuay's stay in the jail is indefinite for now.

ORTIZ: When they get released, they filed a is civil action, saying he won't be released until the psychiatrist says that he is no longer a threat to the community.

(END VIDEOTAPE)

PHILLIPS: No longer a threat to the community. Well, in the wake of the Jessica Lunsford and Sara Lunde stories the topic of what to do with freed sex offenders is especially volatile.

Paul Looney is Larry McQuay's attorney. Diane Clements is the president of the victims' rights group Justice For All. Both are joining us from Houston to debate some of the tough issues that both of them are facing right now. Good to have you both.

DIANE CLEMENTS, PRESIDENT, JUSTICE FOR ALL: Thank you.

PHILLIPS: Mr. Looney, let's start with you. And do you feel that your client will offend again?

PAUL LOONEY, LARRY MCQUAY'S ATTORNEY: Well, I feel like that he's put himself in a really good position, to where he's not like likely to. You know, ten years ago, McQuay told all of us he was not ready to get out yet, that he was not stable, that he did not have the ability to control his fantasy life. And I could have gotten him out then. He insisted on me pursuing a course of action that would get him locked up for the maximum length that the law would allow because he didn't think he would ever be able to control himself.

However, since then, he's undergone a lot more counseling. He has had the castration procedure. And his fantasy life is hugely improved. The man is ready. He is his best judge of whether or not he's able to control his fantasy life. This person desperately does not want to re-offend another child.

PHILLIPS: So Diane, taking a look at the fact that his client says he doesn't want to re-offend, he's been castrated, he's had a lot of counseling, should he be able to walk the streets again?

CLEMENTS: Absolutely not.

PHILLIPS: Why not?

CLEMENTS: Because he is a serial pedophile. That's what he does. There is no guarantee -- and that's a he said/he said story. Mr. Looney has no proof that McQuay was castrated, other than McQuay's letters to him. But that aside, castrated or not, McQuay thinks that he won't re-offend, thinks that his fantasies are under control. He is a serial pedophile. Let's not forget that this is the man that said "I will murder the next child I molest."

And I don't know if Mr. Looney remembers the history, but McQuay was re-arrested, re-indicted, and convicted on subsequent molestation charges, which landed him in prison for 20 years. And he has only served eight of that 20. He has not been paroled. He is mandatorily released. Also, it's important to note that this is a graduated sanction program. While he is under strict supervision now, where will he be in six months or a year or 18 months from now, when a doctor thinks that he is sufficiently rehabilitated? You cannot cure a sex offender, castrated or not.

PHILLIPS: Are the programs strong enough, Mr. Looney, to help your client work on training his mind that if, indeed, that the fantasy or the desire doesn't go away, do you feel he's getting enough treatment and the program is strong enough to help him know what's a red flag and how to react?

LOONEY: No, the programs, frankly, are pretty pathetic. Only the extremely motivated are able to get enough help to where they can control themselves in the future. This young man happens to be one of the extremely motivated.

I would like to correct a lot of factual inaccuracies in the presentation just given to you. He was not re-indicted for having re- offended. He was given a new indictment for the sister of the young man that he went to prison on, that occurred way back during that...

CLEMENTS: Pending charges. Yes, he was reconvicted of the other molestation charges.

PHILLIPS: Go ahead, Mr. Looney.

LOONEY: In any event, he has not re-offended because he hasn't been exposed to anybody.

CLEMENTS: Because he's been in prison, thank you.

PHILLIPS: Good ahead, Mr. Looney.

LOONEY: If we can have it where one person talks at a time, I think it will work much better.

PHILLIPS: Go ahead and finish your thought, sir. LOONEY: There isn't a guarantee that even the lady that's interrupting me will not offend a child tonight. We don't live in a world of guarantees. Human beings -- the delightful world of human beings is that we are unpredictable. This man, however, has done a lot to try and put himself in a position where he won't do that again. This man should be the prototype of exactly how we want these prisoners to behave.

PHILLIPS: But Mr. Looney, this is also somebody, though, for years and years, has come forward and said, "I'm going to do it again. I could do it again. I want to be castrated. I don't want to get out of jail." Now he is -- he's been given a little bit more and a little bit more and a little bit more.

And how are you confident that once he walks the streets again -- because it being looks like that is very possible, without supervision, if he continues this good behavior, that the courts -- or that has been decided upon professionals within the system -- you do look at the cases lately and the fact that the John Coueys and these others that have been accused of re-offending, they say that they're not going to, and they do.

LOONEY: Well, it does happen. And we all need to work on the root cause of this. It's not something that any of us are endorsing. But this particular prisoner, this particular man, he said that he shouldn't be released because he was not capable of functioning in society almost ten years ago. He knew he shouldn't be. He desperately pleaded with us not to put him in a position to be released. He wasn't ready.

Now he is. He's done a remarkable job of making sure he was in a position to get help and he accessed the help. Now, what do we do about this problem long term? When do we quit worrying about the victim and start paying attention to the victimizer, because really they're the same person? Every particular victimizer that I have ever represented -- and I've represented scores of them -- they were originally a victim. The victim later becomes a victimizer.

We've got to intervene in this when we find the victims, the young children that are abused -- we've got to have some type of a structure to where we can get past their parents' denial, get past their desire to just have closure, and get in there and provide these young kids with very specialized, very intensive counseling, so that they don't later become the perpetrator to the next generation.

PHILLIPS: Well, let's...

CLEMENTS: You know what?

PHILLIPS: Let's talk again -- Diane, I want to ask you -- you know, he's going to have a tracking device on his ankle, he's going to have supervision at this point. Is that enough?

CLEMENTS: At this point, it is enough for right now. However, we had a case here in Texas -- we had 25 sex offenders on GPS monitoring. Lawrence Snapper (ph) had 420 violations. 420. He was never revoked. He successfully graduated off his GPS monitoring, and went out and kidnapped and molested a child. So these are graduated.

For right now, we know that he is in strict custody. That is not going to happen until the year 2016. He will be in the community. Mr. Looney thinks it's delightful that he's unpredictable. I think it's very dangerous that he is unpredictable and I think children are at risk in spite of Mr. Looney's confidence that McQuay, this delightful sexual predator, believes he won't offend again.

PHILLIPS: Diane Clements, Paul Looney, we'll follow the story. Thank you both for your time today. We appreciate it.

LOONEY: Thank you.

PHILLIPS: Miles.

O'BRIEN: Coming up on LIVE FROM, a walk on the lighter side. In fact, some here are calling it the video of the day. Hopefully Laura Bush's stunning wave of hot media moments won't degenerate into this. Kenya's first lady caught on tape giving the business to the press. And the punch line -- and we do mean punch -- is coming up. Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: Little piece of breaking news coming in to us right now. This comes from Bogota, Colombia. Columbia police have arrested two U.S. soldiers in that nation's capital. They are charged with an alleged arms-smuggling plot. The two U.S. army soldiers, identities and ranks not given to us yet, arrested in a raid Tuesday, yesterday, in a house just south of the capital, Bogota.

Large weapons cache discovered, according to authorities there. The U.S. embassy says it is work working to get details on that, ascertain the facts surrounding the case. But just to recap, Colombian police now have two U.S. soldiers in custody, and they are alleged to have been involved in an arms smuggling plot. As you know, the U.S. military is involved in Colombia in the fight against drugs -- Kyra.

PHILLIPS: He was a politician whose dark side was caught on tape.

And as part of CNN's anniversary series "Then & Now," we take a look back at Marion Barry and where he is today.

(BEGIN VIDEOTAPE)

MARION BARRY, FMR. WASHINGTON D.C. MAYOR: Marian berry is the best and brightest for Washington D.C.!

PHILLIPS (voice-over): As Washington D.C.'s self-proclaimed mayor for life, Marion Berry has known fame, a fall from grace...

BERRY: How I wish I could trade these hours.

PHILLIPS: And political redemption. Born in Mississippi, Barry came to Washington in the '60s as a civil rights activist, and never left. Barry was elected mayor of D.C. in 1978, and held that office for 12 years.

But in 1990, Barry's reign ended with a cocaine arrest in an FBI sting operation.

After serving six months in prison, he returned as a city counsel member, then reclaimed the mayor's office in 1994.

But his fourth term was overshadowed with allegations of financial wrongdoing. But now, Marion Barry is back on the city counsel once again.

BARRY: I've been knocked down. Some people say you fell down because you sat down, but I got up.

PHILLIPS: He captured 96 percent of the vote in Washington's Eighth Ward, an area with the city's highest rates of poverty and unemployment.

BARRY: I ought to be tired by now, after 40-some years of public service, 68 years of age, but I'm not. I just got my second wind.

PHILLIPS: As for his issues with drugs, Barry says it's all in the past and prefers not to talk about it. Married four times, he has one son, 24-year-old Marion Christopher Barry.

(END VIDEOTAPE)

PHILLIPS: News around the world now, Kenya's first lady -- oh, striking a blow against the news media on World Press Freedom Day. She was apparently upset about unflattering articles written about her over the weekend this weekend. So she stormed into the newspaper office to express her displeasure, basically KO'd the photographer there. No, not very nice. Geez.

A baby elephant walk in India ended safely after a brush with danger. An elephant calf fell in an abandoned well and was pulled to safety by a group of villagers. They say the mother elephant put up such a hue and cry that they knew something was wrong.

O'BRIEN: Well you may not recognize him now, but this is the man who closed book on munchkin land's most infamous accident victim. Actor Meinhart Raba (ph), as official coroner in "The Wizard of Oz," pronounced the Wicked Witch of the East more than -- all right, here we go now: Merely dead. She's really most sincerely dead. That's my best munchkin.

PHILLIPS That's pretty good.

O'BRIEN: This, of course, after Dorothy's house fell on top of her. Now the oldest living munchkin has published "Memories of a Munchkin: An Illustrated Walk Down the Yellow Brick Road." If you dare to joke that it must be a short story. You must be strolling to the (INAUDIBLE) PHILLIPS: I love how they kept -- so perfect for us.

Well, talk about hot to go. Wait until you see what happen at a gas station in Westchester County, New York.

O'BRIEN: The driver filled her up and then -- and you know, who knows, probably on the cell phone or something, or the blackberry.

PHILLIPS: He was socializing with folks inside.

O'BRIEN: Multitasking will get you in trouble. As you will see, reporter Chad Newton (ph) of our CNN affiliate News 12, Westchester, shows us the story.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: I was scared because I never see something like this.

CHAD NEWTON (ph), NEWS 12 REPORTER (voice-over): Imagine being at a gas station to see this happening. This black Mercedes drives away with the nozzle still attached to it, taking down a gas pump in the process and then sparking a fire.

MOSES KOUASSI, GAS STATION EMPLOYEE: It was something -- very scary stuff, because everybody was running, you know, all the customers.

NEWTON: Moses Kouassi was working on Saturday when this all happened at the Mobil Gas Station on White Plains Road in Eastchester. Fortunately, neither he nor anyone else was hurt in this potentially explosive situation, because a gas station worker triggered the emergency fire extinguisher.

FAHMI QUAWASMI, GAS STATION OWNER: The cashier reacted very good. He called the fire station before he waited for the whole station to burn down, which is very smart.

NEWTON: But about the driver who started it all? The station's manager says that's him in the brown jacket. You can see him chatting inside the gas station before everything happened. But no one has heard from him since.

TOM NABER, MANAGER: He should have stopped in here, because when he drove out of here, OK, he saw all -- everything happening. Even my guys here tried to run after him, OK, but they couldn't catch him.

NEWTON: But the driver did use his credit card to pay for gas. The broken machine is now at a warehouse in Newberg (ph) and it's only a matter of time before they get his credit card number out of it and track him down.

(END VIDEOTAPE)

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired May 4, 2005 - 13:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Condoleezza Rice, secretary of state, addressing reporters. Let's listen in.
(JOINED IN PROGRESS)

CONDOLEEZZA RICE, SECY. OF STATE: The Pakistanis are to be congratulated for the hard work that they did. Of course, we've been cooperating with them, but the Pakistanis, as we've been saying, have been really stalwart in the war on terrorism. They've been fighting in parts of Pakistan that have not been even open to Pakistani forces for a very long time. And so this is a great victory for them. It's a great victory in the war on terrorism.

And, Barry, I'll leave it to others to describe, but I can tell you that this is somebody that we watched a lot every single day, those of us who have been very involved in the war on terrorism, a very important figure for the Al Qaeda network.

QUESTION: Perhaps you could give us an update on the Australian hostage and whether you've heard anything from the team that's in Iraq. And could you perhaps give a sketch of the kind of cooperation between Australia and the U.S. in the search for him?

ALEXANDER DOWNER, AUSTRALIAN FOREIGN MINISTER: Sure. There isn't a great deal of additional information that I have today to add to what I said last night. The family have now made an appeal for the release of Douglas Wood through Al Jazeera. And we, by the way, appreciate the assistance that the Australian ABC (ph) have provided to make that possible. Just want to make that point on the record.

The -- I think the appeal by the family can be helpful. And the fact is that Douglas Wood is a 63-year-old. He's got significant health problems, in particular, has a very weak heart. But also has other health problems. And he does have a family, and the family really cares about him, and they miss him and they want him back.

And so I think it's been good that the family has made this appeal. I think that's an important effort.

On the ground, the response team is getting excellent cooperation -- well, to focus on the United States, and there are all sorts of different ways the Americans can assist in providing information to the team, guess I'll just put it to you that way, and they are being completely cooperative. They're working with the Iraqis. They're meeting with the Iraqi government. They're also working with a number of other countries, as we are through our diplomatic missions an well. That includes countries like Italy, and U.K., Turkey, France. And in some cases, these countries have experienced hostages being taken themselves and are able to pass that on and give us more information about leads that we can follow.

At this stage, though, we haven't tracked down where Douglas Wood is, and we'll continue to work on that. We'll be fairly cautious, though. Let me say, from now on in giving a running commentary on how the operation is going, because I think you'll understand that it's important that we remain pretty discreet about the details of how we're handling this.

Rest assured there is nothing at this stage which is diminishing our determination to get Douglas Wood released. We are utterly determined to get him released. It may be difficult, but we will -- we're putting everything we possibly can into it. And we have far from given up hope.

PHILLIPS: Two responses to two stories we've been following. Of course that's the Australian foreign minister that's meeting with Secretary of State Condoleezza Rice right now. First of all, they were talking about the Australian hostage in Iraq, Douglas Wood. The foreign minister there thanking the U.S. for help and support as the negotiations are continuing, trying to get that hostage released at this point.

Also, Condoleezza Rice talking about the alleged No. 3 man in Al Qaeda. This man, Abu Faraj Al Libi, arrested in Pakistan, along with 10 other Al Qaeda suspects in Pakistan. This man believed to be responsible for the terror group's global operations. A big coup in the war on terror, Condoleezza rice says.

We're going to take a quick break. More LIVE FROM right after this.

(COMMERCIAL BREAK)

PHILLIPS: Now to San Antonio, Texas, where the released of a convicted sex offender has the community in an uproar.

Reporter Gina Galvese (ph) from CNN affiliate KSAT has the details on what happens next.

(BEGIN VIDEOTAPE)

GINA GALVESE (ph), KSAT REPORTER (on camera): Mr. McQuay will you re-offend again?

UNIDENTIFIED MALE: No ma'am.

GALVESE (voice-over): Larry Don McQuay tells me, no, ma'am, he will not re-offend. The convicted child molester once demanded to be surgically castrated, claiming, if not, he'd prey on children again.

The 41-year-old McQuay not willing to talk about castration as he is escorted into his new home the Bexar County Jail. A prison spokeswoman not able to confirm if McQuay underwent the procedure. AMADEO ORTIZ, DEP. CHIEF, BEXAR CO. JAIL: McQuay will be housed here, but he's not at liberty to leave like other inmates are in the work-release program.

GALVESE: He will leave in an open bay like this with 48 other inmates. Anywhere he goes, to treatment, training, or to look for a job, he will be escorted. McQuay is in the super-intensive supervision program, which means he will wear a global-positioning system ankle bracelet, monitored around the clock.

ORTIZ: I know the community is concerned that he is going to be among them, but that's not case, because he's not ready to be unsupervised.

GALVESE: McQuay, originally sent to prison, convicted of molesting a 7-year-old San Antonio boy. He worked as a school bus driver. He served half of his 20-year sentence. McQuay's stay in the jail is indefinite for now.

ORTIZ: When they get released, they filed a is civil action, saying he won't be released until the psychiatrist says that he is no longer a threat to the community.

(END VIDEOTAPE)

PHILLIPS: No longer a threat to the community. Well, in the wake of the Jessica Lunsford and Sara Lunde stories the topic of what to do with freed sex offenders is especially volatile.

Paul Looney is Larry McQuay's attorney. Diane Clements is the president of the victims' rights group Justice For All. Both are joining us from Houston to debate some of the tough issues that both of them are facing right now. Good to have you both.

DIANE CLEMENTS, PRESIDENT, JUSTICE FOR ALL: Thank you.

PHILLIPS: Mr. Looney, let's start with you. And do you feel that your client will offend again?

PAUL LOONEY, LARRY MCQUAY'S ATTORNEY: Well, I feel like that he's put himself in a really good position, to where he's not like likely to. You know, ten years ago, McQuay told all of us he was not ready to get out yet, that he was not stable, that he did not have the ability to control his fantasy life. And I could have gotten him out then. He insisted on me pursuing a course of action that would get him locked up for the maximum length that the law would allow because he didn't think he would ever be able to control himself.

However, since then, he's undergone a lot more counseling. He has had the castration procedure. And his fantasy life is hugely improved. The man is ready. He is his best judge of whether or not he's able to control his fantasy life. This person desperately does not want to re-offend another child.

PHILLIPS: So Diane, taking a look at the fact that his client says he doesn't want to re-offend, he's been castrated, he's had a lot of counseling, should he be able to walk the streets again?

CLEMENTS: Absolutely not.

PHILLIPS: Why not?

CLEMENTS: Because he is a serial pedophile. That's what he does. There is no guarantee -- and that's a he said/he said story. Mr. Looney has no proof that McQuay was castrated, other than McQuay's letters to him. But that aside, castrated or not, McQuay thinks that he won't re-offend, thinks that his fantasies are under control. He is a serial pedophile. Let's not forget that this is the man that said "I will murder the next child I molest."

And I don't know if Mr. Looney remembers the history, but McQuay was re-arrested, re-indicted, and convicted on subsequent molestation charges, which landed him in prison for 20 years. And he has only served eight of that 20. He has not been paroled. He is mandatorily released. Also, it's important to note that this is a graduated sanction program. While he is under strict supervision now, where will he be in six months or a year or 18 months from now, when a doctor thinks that he is sufficiently rehabilitated? You cannot cure a sex offender, castrated or not.

PHILLIPS: Are the programs strong enough, Mr. Looney, to help your client work on training his mind that if, indeed, that the fantasy or the desire doesn't go away, do you feel he's getting enough treatment and the program is strong enough to help him know what's a red flag and how to react?

LOONEY: No, the programs, frankly, are pretty pathetic. Only the extremely motivated are able to get enough help to where they can control themselves in the future. This young man happens to be one of the extremely motivated.

I would like to correct a lot of factual inaccuracies in the presentation just given to you. He was not re-indicted for having re- offended. He was given a new indictment for the sister of the young man that he went to prison on, that occurred way back during that...

CLEMENTS: Pending charges. Yes, he was reconvicted of the other molestation charges.

PHILLIPS: Go ahead, Mr. Looney.

LOONEY: In any event, he has not re-offended because he hasn't been exposed to anybody.

CLEMENTS: Because he's been in prison, thank you.

PHILLIPS: Good ahead, Mr. Looney.

LOONEY: If we can have it where one person talks at a time, I think it will work much better.

PHILLIPS: Go ahead and finish your thought, sir. LOONEY: There isn't a guarantee that even the lady that's interrupting me will not offend a child tonight. We don't live in a world of guarantees. Human beings -- the delightful world of human beings is that we are unpredictable. This man, however, has done a lot to try and put himself in a position where he won't do that again. This man should be the prototype of exactly how we want these prisoners to behave.

PHILLIPS: But Mr. Looney, this is also somebody, though, for years and years, has come forward and said, "I'm going to do it again. I could do it again. I want to be castrated. I don't want to get out of jail." Now he is -- he's been given a little bit more and a little bit more and a little bit more.

And how are you confident that once he walks the streets again -- because it being looks like that is very possible, without supervision, if he continues this good behavior, that the courts -- or that has been decided upon professionals within the system -- you do look at the cases lately and the fact that the John Coueys and these others that have been accused of re-offending, they say that they're not going to, and they do.

LOONEY: Well, it does happen. And we all need to work on the root cause of this. It's not something that any of us are endorsing. But this particular prisoner, this particular man, he said that he shouldn't be released because he was not capable of functioning in society almost ten years ago. He knew he shouldn't be. He desperately pleaded with us not to put him in a position to be released. He wasn't ready.

Now he is. He's done a remarkable job of making sure he was in a position to get help and he accessed the help. Now, what do we do about this problem long term? When do we quit worrying about the victim and start paying attention to the victimizer, because really they're the same person? Every particular victimizer that I have ever represented -- and I've represented scores of them -- they were originally a victim. The victim later becomes a victimizer.

We've got to intervene in this when we find the victims, the young children that are abused -- we've got to have some type of a structure to where we can get past their parents' denial, get past their desire to just have closure, and get in there and provide these young kids with very specialized, very intensive counseling, so that they don't later become the perpetrator to the next generation.

PHILLIPS: Well, let's...

CLEMENTS: You know what?

PHILLIPS: Let's talk again -- Diane, I want to ask you -- you know, he's going to have a tracking device on his ankle, he's going to have supervision at this point. Is that enough?

CLEMENTS: At this point, it is enough for right now. However, we had a case here in Texas -- we had 25 sex offenders on GPS monitoring. Lawrence Snapper (ph) had 420 violations. 420. He was never revoked. He successfully graduated off his GPS monitoring, and went out and kidnapped and molested a child. So these are graduated.

For right now, we know that he is in strict custody. That is not going to happen until the year 2016. He will be in the community. Mr. Looney thinks it's delightful that he's unpredictable. I think it's very dangerous that he is unpredictable and I think children are at risk in spite of Mr. Looney's confidence that McQuay, this delightful sexual predator, believes he won't offend again.

PHILLIPS: Diane Clements, Paul Looney, we'll follow the story. Thank you both for your time today. We appreciate it.

LOONEY: Thank you.

PHILLIPS: Miles.

O'BRIEN: Coming up on LIVE FROM, a walk on the lighter side. In fact, some here are calling it the video of the day. Hopefully Laura Bush's stunning wave of hot media moments won't degenerate into this. Kenya's first lady caught on tape giving the business to the press. And the punch line -- and we do mean punch -- is coming up. Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: Little piece of breaking news coming in to us right now. This comes from Bogota, Colombia. Columbia police have arrested two U.S. soldiers in that nation's capital. They are charged with an alleged arms-smuggling plot. The two U.S. army soldiers, identities and ranks not given to us yet, arrested in a raid Tuesday, yesterday, in a house just south of the capital, Bogota.

Large weapons cache discovered, according to authorities there. The U.S. embassy says it is work working to get details on that, ascertain the facts surrounding the case. But just to recap, Colombian police now have two U.S. soldiers in custody, and they are alleged to have been involved in an arms smuggling plot. As you know, the U.S. military is involved in Colombia in the fight against drugs -- Kyra.

PHILLIPS: He was a politician whose dark side was caught on tape.

And as part of CNN's anniversary series "Then & Now," we take a look back at Marion Barry and where he is today.

(BEGIN VIDEOTAPE)

MARION BARRY, FMR. WASHINGTON D.C. MAYOR: Marian berry is the best and brightest for Washington D.C.!

PHILLIPS (voice-over): As Washington D.C.'s self-proclaimed mayor for life, Marion Berry has known fame, a fall from grace...

BERRY: How I wish I could trade these hours.

PHILLIPS: And political redemption. Born in Mississippi, Barry came to Washington in the '60s as a civil rights activist, and never left. Barry was elected mayor of D.C. in 1978, and held that office for 12 years.

But in 1990, Barry's reign ended with a cocaine arrest in an FBI sting operation.

After serving six months in prison, he returned as a city counsel member, then reclaimed the mayor's office in 1994.

But his fourth term was overshadowed with allegations of financial wrongdoing. But now, Marion Barry is back on the city counsel once again.

BARRY: I've been knocked down. Some people say you fell down because you sat down, but I got up.

PHILLIPS: He captured 96 percent of the vote in Washington's Eighth Ward, an area with the city's highest rates of poverty and unemployment.

BARRY: I ought to be tired by now, after 40-some years of public service, 68 years of age, but I'm not. I just got my second wind.

PHILLIPS: As for his issues with drugs, Barry says it's all in the past and prefers not to talk about it. Married four times, he has one son, 24-year-old Marion Christopher Barry.

(END VIDEOTAPE)

PHILLIPS: News around the world now, Kenya's first lady -- oh, striking a blow against the news media on World Press Freedom Day. She was apparently upset about unflattering articles written about her over the weekend this weekend. So she stormed into the newspaper office to express her displeasure, basically KO'd the photographer there. No, not very nice. Geez.

A baby elephant walk in India ended safely after a brush with danger. An elephant calf fell in an abandoned well and was pulled to safety by a group of villagers. They say the mother elephant put up such a hue and cry that they knew something was wrong.

O'BRIEN: Well you may not recognize him now, but this is the man who closed book on munchkin land's most infamous accident victim. Actor Meinhart Raba (ph), as official coroner in "The Wizard of Oz," pronounced the Wicked Witch of the East more than -- all right, here we go now: Merely dead. She's really most sincerely dead. That's my best munchkin.

PHILLIPS That's pretty good.

O'BRIEN: This, of course, after Dorothy's house fell on top of her. Now the oldest living munchkin has published "Memories of a Munchkin: An Illustrated Walk Down the Yellow Brick Road." If you dare to joke that it must be a short story. You must be strolling to the (INAUDIBLE) PHILLIPS: I love how they kept -- so perfect for us.

Well, talk about hot to go. Wait until you see what happen at a gas station in Westchester County, New York.

O'BRIEN: The driver filled her up and then -- and you know, who knows, probably on the cell phone or something, or the blackberry.

PHILLIPS: He was socializing with folks inside.

O'BRIEN: Multitasking will get you in trouble. As you will see, reporter Chad Newton (ph) of our CNN affiliate News 12, Westchester, shows us the story.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: I was scared because I never see something like this.

CHAD NEWTON (ph), NEWS 12 REPORTER (voice-over): Imagine being at a gas station to see this happening. This black Mercedes drives away with the nozzle still attached to it, taking down a gas pump in the process and then sparking a fire.

MOSES KOUASSI, GAS STATION EMPLOYEE: It was something -- very scary stuff, because everybody was running, you know, all the customers.

NEWTON: Moses Kouassi was working on Saturday when this all happened at the Mobil Gas Station on White Plains Road in Eastchester. Fortunately, neither he nor anyone else was hurt in this potentially explosive situation, because a gas station worker triggered the emergency fire extinguisher.

FAHMI QUAWASMI, GAS STATION OWNER: The cashier reacted very good. He called the fire station before he waited for the whole station to burn down, which is very smart.

NEWTON: But about the driver who started it all? The station's manager says that's him in the brown jacket. You can see him chatting inside the gas station before everything happened. But no one has heard from him since.

TOM NABER, MANAGER: He should have stopped in here, because when he drove out of here, OK, he saw all -- everything happening. Even my guys here tried to run after him, OK, but they couldn't catch him.

NEWTON: But the driver did use his credit card to pay for gas. The broken machine is now at a warehouse in Newberg (ph) and it's only a matter of time before they get his credit card number out of it and track him down.

(END VIDEOTAPE)

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