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Top Al Qaeda Operative Arrested; Police Recruits Bombed in Iraq; Twist Halts Abu Ghraib Court-Martial; Fingerprint I.D. Error Lets Killer Free

Aired May 04, 2005 - 13:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


KYRA PHILLIPS, CO-HOST: President Bush calls him a dangerous enemy. Right now, a man believed to be a top general from Osama bin Laden is in custody. What does his arrest mean for American security?
MILES O'BRIEN, CO-HOST: A fingerprint fumble. An FBI mistake allows a suspected serial killer to go free. And now four more are dead. We're on the story.

PHILLIPS: Are the sidelines getting too sexy? Some Texas lawmakers want to make cheerleaders cool down their routines.

O'BRIEN: And talk about a gas pain. Watch this one closely. This is what happens when you get in a hurry at the gas station. A little multitasking and forget something important, like the nozzle in your tank.

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

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

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today's report on the capture of a top al Qaeda operative, Abu Faraj al-Libbi, represents a critical victory in the war on terror.

(END VIDEO CLIP)

O'BRIEN: He is Pakistan's most wanted, allegedly al Qaeda's third in command. President Bush calls him a dangerous enemy, a direct threat for America today.

Abu Faraj al-Libbi is in Pakistani custody, along with 10 other al Qaeda suspects after two separate raids near the border with Afghanistan. We get details from our senior international correspondent, Nic Robertson, joining us now from London.

Nic, where did the tip come from in the first place?

NIC ROBERTSON, CNN CORRESPONDENT: Well, this is something Pakistani officials are saying came from their sources. Human intelligence generated this.

We're also told by U.S. intelligence officials the Pakistanis, though, do say this was their work, that they got the information; they carried out the raid. They have been tracking him for some time. They captured his lieutenant in December last year.

They didn't announce the capture in the town of Mardan in the northwest frontier province of Pakistan, the tribal region between Afghanistan and Pakistan. They didn't announce it for three days, because they used his capture to generate another raid. That raid netted three other people. We're told three Afghans, three Pakistanis, and one other whose nationality is under investigation.

But for the Pakistanis, not just a big catch, because they say he's a senior al Qaeda operative. But they also say that twice he's attempted to kill President Pervez -- Pakistan's President Pervez Musharraf. We're also told that he will undergo joint interrogation by Pakistani and U.S. Officials inside Pakistan -- Miles.

O'BRIEN: Let's talk about the possibility it might have been a tip with a person of some knowledge of al Qaeda. Up to this point, fiercely loyal al Qaeda. There hasn't been a lot of human intelligence that has come out of there. Should we take that at face value that this tip did, in fact come from a person?

ROBERTSON: Whenever you're dealing with intelligence and security issues, there's always the possibility that information is provided to the media to create -- to create false impressions within al Qaeda or within -- within whichever organization the intelligence operatives want to confuse and provide conflicting information for.

If it is human intelligence, then that does show a significant and positive step for the intelligence agencies, that they have found people close enough to these al Qaeda operatives to provide information. In the past, a lot of intelligence has come from electronic eavesdropping.

Of course, the great advantage here, if the intelligence community has decided to play with the media in this particular case, and seed false information, then this could create confusion and concern among the al Qaeda operatives, to think that people close to their ranks could be providing information.

We have been able to talk with somebody who does have close links with al Qaeda, and he says that this arrest will -- will slow down their operations. But he says, "We're here, either to be targeted," he said, "or to target Americans."

So it certainly doesn't seem, at least in the case of this particular person, doesn't seem to have dented their morale too much. It's not clear how many other al Qaeda operatives are out there, but they are consistently being picked up by Pakistani officials in large Pakistani cities. And that's quite significant.

O'BRIEN: And when they are picked up, are they talking?

ROBERTSON: It appears to be that they are -- Khalid Shaikh Mohammed, who was the operations chief, was the No. 3 in al Qaeda, was picked up in Pakistan, in March 2003. Has provided a lot of information.

I've talked to somebody who has had firsthand -- witnessed firsthand how Pakistani interrogation operations can go. And they can be, he says, quite rough affairs that involve -- that involve more than questioning, that involve a degree of force being used and even psychological -- extreme psychological pressure being placed on people.

Very unlikely that al-Libbi, I'm told, is going to get a lot of sleep in the near future. That will be one of the -- one of the techniques used to extract information from him, Miles.

O'BRIEN: Is it torture?

ROBERTSON: Certainly, human rights organizations would describe what has been described to me as torture. But it's not clear if this is going to happen, if what the person I know witnessed was a one off -- was a one off incident or not.

But from what he has been able to relate to me, certainly extreme measures can be brought to bear by Pakistani interrogators on people in detention in Pakistan when they're being questioned.

O'BRIEN: Nic Robertson, in London, thank you very much -- Kyra.

PHILLIPS: U.S. intel on Iran allegedly passed to APAC with a Pentagon analyst as a middleman. That's the scenario behind this morning's surrender of Larry Franklin, accused of giving classified defense information to people not cleared to see it, specifically, employees of the American-Israeli Public Affairs Committee, APAC, at a lunch meeting in Virginia two years ago.

The luncheon was closely watched by the FBI. Now Franklin is due in court sometime today.

O'BRIEN: All right this just in to CNN. You're looking at some live picture. This comes from KTLA, our affiliate in southern California. A school, St. Elizabeth Elementary School in Van Nuys, California.

Several staffers and students have complained this morning of eye and respiratory irritation from an unknown powdery chemical that was spread within the campus by someone overnight. This comes from the L.A. fire department, a spokesman there.

The building has been evacuated. There's an investigation under way. Obviously, a lot of fire apparatus and fire personnel have responded to the scene. We are told no one has been transported to the hospital for any sort of treatment.

But once again, this school in Van Nuys, California, Southern California, an elementary school, St. Elizabeth Elementary School, has been evacuated after a powdery substance this morning caused a degree of respiratory irritation. That's the term they're using, among students and faculty there.

We're watching it very closely for you. We'll keep you posted on that one.

And as always, CNN is committed to providing the most extensive coverage of news that affects your security. Stay tuned to CNN for the latest day and night.

Big attacks don't often happen in the northern Iraqi city of Erbil, but when they do, they're big. And today, at least 47 people are dead, 100 hurt, after a suicide bombing at a police recruiting center.

We get the latest now from CNN's Ryan Chilcote. He's in Baghdad.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN (voice-over): The images of the aftermath are all too familiar to Iraqis: the mayhem, the pools of blood, the dead and wounded.

This time, the suicide bomber targeted a crowd of 300 young Kurds who had come to sign up to Iraq's police force. At least 47 died, Iraq's deadliest attack in more than two months. More than 100 were wounded.

The Iraqi militant group, Army of Ansar al-Sunna, claimed responsibility. The attack, the group claimed on a Web site, was payback for the Kurds. "They fought alongside the Americans against our people in Fallujah, Mosul, Baghdad, and other Muslim lands. We promise you that we are preparing more for you."

Some analysts say the claim is a sign the insurgents are stepping up their efforts to divide Iraqis. The lines of ethnic and religious division are becoming increasingly apparent. It's taken Iraq's prime minister months to form what he calls a government of national unity, and he has yet to fill several jobs.

Sunni Arabs, who feel alienated by the larger Shiite majority, are expected to get at least some of the jobs. So far, agreement between Iraq's many groups has eluded them. Since Iraq's incomplete government was announced Thursday, nearly 200 Iraqis have been killed in insurgent attacks.

Ryan Chilcote, CNN, Baghdad.

O'BRIEN: Well, talk about a defense witness. Testifying today in the sentencing phase of Lynndie England's prisoner abuse court- martial in Texas, we repeat, the sentencing phase, Charles Graner managed to cast doubt on England's guilty plea. And now there's a recess while a military judge tries to sort this whole thing out.

CNN's Susan Candiotti is following all the twists and turns at Ft. Hood for us -- Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hi, Miles.

What a time this has been for Lynndie England. First, her ex- boyfriend is said to have fathered her child. Then he marries another woman. And now this, Charles Graner, Lynndie England's ex-beau and a prison guard at Abu Ghraib prison, took the -- threw the trial today, I should say, into a tailspin, and here's how.

He was called by the defense to testify on her behalf, trying to paint a sympathetic picture for Lynndie England and try to lessen her sentence. Then Graner told a jury about the time he put a dog leash around a prisoner's neck to get him out of the cell and told England to follow his order. He described this as a legitimate, acceptable technique.

Well, at that point, the judge stopped the proceedings cold. He was clearly angry at England's defense team and said, "Look, you can't have it both ways. First Lynndie England has said, 'I'm guilty. I know what I did was wrong. There was no order.' But now you have a witness," the judge said, "Graner, saying that she was following an order. Well, if that's true," the judge said, "England should plead not guilty." And then theoretically this court-martial, Miles, could be over.

Well, now currently they are in a recess to sort things out. It has been a busy day.

Lynndie England's new baby came to court today. England, you'll recall, is an unwed mother. She gave birth to the baby boy last October. And England has -- England's mother is the one who carried the baby into court this day. Remember, the father is believed to be Charles Graner. But as we've said, he's now married to someone else.

So keep this in mind as I tell you the following. According to our courtroom sketch artist, Pat Lopez, as she was drawing a picture of Graner in court this day, she said Lynndie England leaned over, took a look at the sketch in Graner and said, "Don't forget the horns."

Miles, we don't make things up. That's what happened.

O'BRIEN: All right. But let me get this straight. Lynndie England had testified that she -- when she -- those pictures were taken, those infamous pictures were taken, she knew she was doing wrong. So really...

CANDIOTTI: That's what she said and was part of her guilty plea...

O'BRIEN: ... that's her word versus Graner. And if she says so, isn't that enough for her to cop that plea?

CANDIOTTI: Well, remember, that is the whole basis of her guilty plea. But the judge, in listening to this testimony, if he feels that that guilty plea isn't true, she didn't really mean it, we have a discrepancy here, obviously, the judge says, then he has to question her and pin her down. And that's what he's going to do when court resumes, and say, "Look, which is it here? Are you guilty or are you saying that you're really not guilty?"

That's what we'll find out when we go back to court. O'BRIEN: All right, Susan Candiotti, thank you very much, watching all those twists and turns at Fort Hood -- Kyra.

PHILLIPS: Well, you can change your name. You can change your look, but your fingerprints are supposed to be a dead giveaway. So how did a suspected serial killer slip through the fingers of police in Georgia and the FBI three separate times?

CNN's Sarah Dorsey is following that story. It's been one of those talkers we've all been talking about.

SARAH DORSEY, CNN CORRESPONDENT: Makes you shake your head, doesn't it? This is not supposed to happen.

What is supposed to happen is that any time someone is arrested anywhere, they're supposed to be fingerprinted. Those fingerprints are then sent up through a national database. And that way, local and federal authorities can ensure the person that is in custody is who they say they are. They can also track them over several states.

Now, in the case of Jeremy Jones, a man now charged with three counts of murder and being looked at for several other murders, there was an obvious breakdown in that system.

Jones was arrested three times in Georgia on charges ranging from public indecency to drug offenses. Each time, he gave an alias, and the computer never caught that lie.

If it had, authorities would have figured out that, indeed, they had Jeremy Jones, a man wanted on a sexual assault charge out of Oklahoma at the time. He would have been delivered and held -- held back and delivered to Oklahoma to face those charges. And law enforcement agents say probably he would have never been able to commit the alleged murders that he is now charged with.

In a written statement, the FBI admitted that the error occurred saying, quote, let's see what they said here. There we go. "It is important to note that this incident was a result of a technical database error, not a human examiner failing to make an appropriate match."

It went on to say, quote, "The FBI regrets this incident. We continue to improve our procedures and examine new technology to upgrade and enhance the reliability and accuracy of that national system IAFIS."

PHILLIPS: Well, it's interesting, they admit that there was a problem. They're trying to update and fix the system. Well, you wonder how long has there been problems in the system and how do we know it's going to work the next time?

DORSEY: You do wonder that, absolutely. The FBI tells us that this system is 90 percent accurate. And they also say that thousands of fugitives each month are identified and identified successfully.

So they say this is just one of those things that happen, basically. An unfortunate incident, especially for all of those families whose loved ones were murdered, allegedly, by Mr. Jones.

PHILLIPS: Well, it will be interesting to see if the family reacts, if they sue, and we'll continue to follow it. All right. Sara Dorsey, thank you so much.

DORSEY: Thank you.

PHILLIPS: All right.

O'BRIEN: You've no doubt heard the story of the runaway bride. Now there is an understatement today. Of course you've heard the story of the runaway bride. What was she thinking when she pulled that disappearing act just days before her wedding? You'll get a chance to find out, ahead on LIVE FROM.

And is team spirit getting a little too steamy? Ahead on LIVE FROM, why the state of Texas may tell cheerleaders to tone down the pom-poms, so to speak.

And caught on tape: a routine fill up turns into an explosive situation. Talk about high test. A driver forgets that important step in the refueling process.

(COMMERCIAL BREAK)

O'BRIEN: Australian-born Douglas Wood, as far as we know, is still held hostage in Iraq today. Where he was taken, when and precisely by whom, all unknowns. The last word -- the last the world saw of Wood was a videotape released over the weekend. You see a still of it here. He is obviously held at gunpoint.

Australia's foreign minister appeared on the Arabic language news network Al Jazeera yesterday, urging Woods' captors to release him. Alexander Downer says he knows of no ransom demands or other demands, for that matter. Downer in Washington today, expected to be live with Secretary of State Condoleezza Rice this hour. We will bring it to you when it happens.

PHILLIPS: Upstate, New York. Donnie Herbert has been quite the chatterbox lately, not that his wife and kids seem to mind. You'll know that Herbert is the Buffalo fireman who apparently snapped out of a nearly 10-year comma-like state just a few days ago. Doctors are blown away. His family is overjoyed. And we hope someone is explaining reality television to him.

Stay with CNN. We're expecting to hear the latest on his condition when his family addresses reporters in just a little bit. I believe we may even hear from his wife Linda. And that's set for 2 p.m. Eastern. We're going to carry it live.

O'BRIEN: Well, he certainly understands what "Survivor" is all about.

All right. Don't think the nation has forgotten about Jennifer Wilbanks, of course. She's back home, after a little out west walk- about, you might call it. There's a euphemism for you. Plenty of unanswered questions swirling about the runaway bride still today. And there's that criminal charges thing, too. Developments on that front today, as well.

CNN's Fredricka Whitfield in Gainesville, Georgia.

What's the latest, Fred?

FREDRICKA WHITFIELD, CNN CORRESPONDENT: Hello, Miles.

Well, friends, neighbors, and searchers have expressed their disappointment. They've broken their silence Over Jennifer Wilbanks, expressing embarrassment, as well. Even the fiance, John Mason, has broken his silence, expressing forgiveness for his fiance.

And now Wilbanks' attorney and representatives from this Gainesville church, where she has been receiving counseling, are saying that a comprehensive statement could be released as early as tomorrow on behalf of Jennifer Wilbanks.

Meantime, her attorney, Lydia Sartain, did release these comments on behalf of Jennifer, saying, "Jennifer asked that I convey her appreciation of the many prayers and statements of support she has received from countless individuals. She is deeply regretful about the pain she caused her family, her fiance, her friends and community who rally to her aid. I believe Jennifer committed no crime. I understand and respect Gwinnett County district attorney Danny Porter and his obligation to investigate this situation thoroughly. Jennifer hopes this experience will help her grow and heal and perhaps help others in similar circumstances. I look forward to working with her and her family."

Again, that statement from Lydia Sartain, attorney for Jennifer Wilbanks.

Again, tomorrow, it's expected that comprehensive statement will be delivered. We don't know, however, whether Jennifer Wilbanks herself will be delivering that statement, or whether someone else will be reading it on her behalf.

As for the district attorney, well, apparently the D.A. is still weighing whether to pursue criminal charges against Jennifer Wilbanks, in pursuit of trying to recover the some $60,000 spent on that exhaustive three-day search for that runaway bride.

Bottom line, Miles, still a few unwritten chapters in this story of Jennifer Wilbanks.

O'BRIEN: All right, Fredricka, we hope there's an apology chapter as well. Thank you very much.

More to come on LIVE FROM.

(BEGIN VIDEO CLIP)

PHILLIPS (voice-over): Next on LIVE FROM... UNIDENTIFIED FEMALE: Will you re-offend again?

UNIDENTIFIED MALE: No comment.

PHILLIPS: A serial child molester who once asked to be castrated now released from prison. How will he be monitored?

Later on LIVE FROM, sidelining sex. Texas lawmakers tell cheerleaders to clean up their act. Is team spirit getting too suggestive?

Also ahead, silence broken. An injured firefighter suddenly able to speak after nine years. His family shares their story with reporters, live. Next hour on LIVE FROM.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

PHILLIPS: News across America now, from Jersey with love. On its way to Iraq, salami, lot of it, two tons of it. Operation Salami Drop is the brainchild of two brothers who run a deli in Newark. They took donations to send one salami to every G.I. Joe in the 42nd Infantry Division. The first of the wurst could be dispersed as of this weekend.

Also thinking big and hungry is this pub in Clearfield, Pennsylvania. They now boast the biggest burger in the big burger business. The challenge, eat this 15-pounder and it's on the house. The pub owner proved for us that this monster is not just decoration, folks.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: In Clearfield, Pennsylvania...

UNIDENTIFIED MALE: Wow. You're standing by your product, aren't you?

UNIDENTIFIED MALE: Delicious.

(END VIDEO CLIP)

PHILLIPS: Oh, boy. Just in case we whetted your appetite with the salami and the burger, well, this picture may put your off your feet. Steve Deerwood, central Minnesota, yikes. Looking to shatter the current Guinness record for body piercings. You ready? Two thousand and five needles at one time. Where he found the space for them all, we prefer not to imagine it, thank you very much. Please, kids do we have to ask you, don't try this at home.

O'BRIEN: Are those all piercings there?

PHILLIPS: Those are piercings.

O'BRIEN: That is just awful. I am so sorry. I apologize to each and every one of you out there for sharing that with you. I come in late and the place goes to you know where.

All right, Texas politicians in a feud over what is lewd. The subject of a just-passed House bill, school cheerleaders and their high-spirited dance routines. Some Austin lawmakers believe a bucket of cold water is long overdue.

Rich Parsons of Austin affiliate -- give me a "K," give me an "X", give me a give me an "A," give me an "N" -- has more.

9BEGIN VIDEOTAPE)

RICH PARSONS, KXAN REPORTER (voice-over): Brad Page has been teaching tomorrow's cheerleaders for 15 years and prides himself on always keeping it clean.

BRAD PAGE, CHEERLEADING COACH: Certainly, you can entertain without having to shake too much.

PARSONS: So Page supports a proposal to outlaw sexually suggestive cheerleading or dance routines in public schools.

PAGE: I don't think that provocative dance moves belong on the sidelines. We're in front of the crowd. I mean, when your audience is family-oriented, I mean, it's got to be, you know, G-rated.

PARSONS: But Houston representative Al Edwards says it's getting too R-rated on the sidelines.

AL EDWARDS, TEXAS LEGISLATOR: Yes, I've seen it.

PARSONS: He's sponsoring the ban on sexually suggestive performances.

EDWARDS: You tell them to clean up their act and I bet you they'll do it.

PARSONS: But critics argue there are already laws to keep kids from getting lewd and nude. They say this proposal would only erode their freedom of expression.

PAM UHR, AMERICAN CIVIL LIBERTIES UNION: I don't think we do want our kids doing stuff like that. The problem with the bill is that there is no definition of what is sexually suggestive.

PARSONS: To Edwards, it's in the eye of the beholder.

EDWARDS: Rather than trying to describe it or make movements, if you're an adult, you've been involved with sex ever in your life, you know it when you see it.

PARSONS: That's why Page says he never lets his students show it.

PAGE: We can generate spirit and motivate a crowd without having that kind of business going on.

(END VIDEOTAPE)

PHILLIPS: Finally, some good news for General Motors. A billionaire with a taste for car companies wants a bigger piece of the pie. Susan Lisovicz live from the New York Stock Exchange with the details.

Hi, Susan.

(STOCK MARKET REPORT)

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Aired May 4, 2005 - 13:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CO-HOST: President Bush calls him a dangerous enemy. Right now, a man believed to be a top general from Osama bin Laden is in custody. What does his arrest mean for American security?
MILES O'BRIEN, CO-HOST: A fingerprint fumble. An FBI mistake allows a suspected serial killer to go free. And now four more are dead. We're on the story.

PHILLIPS: Are the sidelines getting too sexy? Some Texas lawmakers want to make cheerleaders cool down their routines.

O'BRIEN: And talk about a gas pain. Watch this one closely. This is what happens when you get in a hurry at the gas station. A little multitasking and forget something important, like the nozzle in your tank.

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

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

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today's report on the capture of a top al Qaeda operative, Abu Faraj al-Libbi, represents a critical victory in the war on terror.

(END VIDEO CLIP)

O'BRIEN: He is Pakistan's most wanted, allegedly al Qaeda's third in command. President Bush calls him a dangerous enemy, a direct threat for America today.

Abu Faraj al-Libbi is in Pakistani custody, along with 10 other al Qaeda suspects after two separate raids near the border with Afghanistan. We get details from our senior international correspondent, Nic Robertson, joining us now from London.

Nic, where did the tip come from in the first place?

NIC ROBERTSON, CNN CORRESPONDENT: Well, this is something Pakistani officials are saying came from their sources. Human intelligence generated this.

We're also told by U.S. intelligence officials the Pakistanis, though, do say this was their work, that they got the information; they carried out the raid. They have been tracking him for some time. They captured his lieutenant in December last year.

They didn't announce the capture in the town of Mardan in the northwest frontier province of Pakistan, the tribal region between Afghanistan and Pakistan. They didn't announce it for three days, because they used his capture to generate another raid. That raid netted three other people. We're told three Afghans, three Pakistanis, and one other whose nationality is under investigation.

But for the Pakistanis, not just a big catch, because they say he's a senior al Qaeda operative. But they also say that twice he's attempted to kill President Pervez -- Pakistan's President Pervez Musharraf. We're also told that he will undergo joint interrogation by Pakistani and U.S. Officials inside Pakistan -- Miles.

O'BRIEN: Let's talk about the possibility it might have been a tip with a person of some knowledge of al Qaeda. Up to this point, fiercely loyal al Qaeda. There hasn't been a lot of human intelligence that has come out of there. Should we take that at face value that this tip did, in fact come from a person?

ROBERTSON: Whenever you're dealing with intelligence and security issues, there's always the possibility that information is provided to the media to create -- to create false impressions within al Qaeda or within -- within whichever organization the intelligence operatives want to confuse and provide conflicting information for.

If it is human intelligence, then that does show a significant and positive step for the intelligence agencies, that they have found people close enough to these al Qaeda operatives to provide information. In the past, a lot of intelligence has come from electronic eavesdropping.

Of course, the great advantage here, if the intelligence community has decided to play with the media in this particular case, and seed false information, then this could create confusion and concern among the al Qaeda operatives, to think that people close to their ranks could be providing information.

We have been able to talk with somebody who does have close links with al Qaeda, and he says that this arrest will -- will slow down their operations. But he says, "We're here, either to be targeted," he said, "or to target Americans."

So it certainly doesn't seem, at least in the case of this particular person, doesn't seem to have dented their morale too much. It's not clear how many other al Qaeda operatives are out there, but they are consistently being picked up by Pakistani officials in large Pakistani cities. And that's quite significant.

O'BRIEN: And when they are picked up, are they talking?

ROBERTSON: It appears to be that they are -- Khalid Shaikh Mohammed, who was the operations chief, was the No. 3 in al Qaeda, was picked up in Pakistan, in March 2003. Has provided a lot of information.

I've talked to somebody who has had firsthand -- witnessed firsthand how Pakistani interrogation operations can go. And they can be, he says, quite rough affairs that involve -- that involve more than questioning, that involve a degree of force being used and even psychological -- extreme psychological pressure being placed on people.

Very unlikely that al-Libbi, I'm told, is going to get a lot of sleep in the near future. That will be one of the -- one of the techniques used to extract information from him, Miles.

O'BRIEN: Is it torture?

ROBERTSON: Certainly, human rights organizations would describe what has been described to me as torture. But it's not clear if this is going to happen, if what the person I know witnessed was a one off -- was a one off incident or not.

But from what he has been able to relate to me, certainly extreme measures can be brought to bear by Pakistani interrogators on people in detention in Pakistan when they're being questioned.

O'BRIEN: Nic Robertson, in London, thank you very much -- Kyra.

PHILLIPS: U.S. intel on Iran allegedly passed to APAC with a Pentagon analyst as a middleman. That's the scenario behind this morning's surrender of Larry Franklin, accused of giving classified defense information to people not cleared to see it, specifically, employees of the American-Israeli Public Affairs Committee, APAC, at a lunch meeting in Virginia two years ago.

The luncheon was closely watched by the FBI. Now Franklin is due in court sometime today.

O'BRIEN: All right this just in to CNN. You're looking at some live picture. This comes from KTLA, our affiliate in southern California. A school, St. Elizabeth Elementary School in Van Nuys, California.

Several staffers and students have complained this morning of eye and respiratory irritation from an unknown powdery chemical that was spread within the campus by someone overnight. This comes from the L.A. fire department, a spokesman there.

The building has been evacuated. There's an investigation under way. Obviously, a lot of fire apparatus and fire personnel have responded to the scene. We are told no one has been transported to the hospital for any sort of treatment.

But once again, this school in Van Nuys, California, Southern California, an elementary school, St. Elizabeth Elementary School, has been evacuated after a powdery substance this morning caused a degree of respiratory irritation. That's the term they're using, among students and faculty there.

We're watching it very closely for you. We'll keep you posted on that one.

And as always, CNN is committed to providing the most extensive coverage of news that affects your security. Stay tuned to CNN for the latest day and night.

Big attacks don't often happen in the northern Iraqi city of Erbil, but when they do, they're big. And today, at least 47 people are dead, 100 hurt, after a suicide bombing at a police recruiting center.

We get the latest now from CNN's Ryan Chilcote. He's in Baghdad.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN (voice-over): The images of the aftermath are all too familiar to Iraqis: the mayhem, the pools of blood, the dead and wounded.

This time, the suicide bomber targeted a crowd of 300 young Kurds who had come to sign up to Iraq's police force. At least 47 died, Iraq's deadliest attack in more than two months. More than 100 were wounded.

The Iraqi militant group, Army of Ansar al-Sunna, claimed responsibility. The attack, the group claimed on a Web site, was payback for the Kurds. "They fought alongside the Americans against our people in Fallujah, Mosul, Baghdad, and other Muslim lands. We promise you that we are preparing more for you."

Some analysts say the claim is a sign the insurgents are stepping up their efforts to divide Iraqis. The lines of ethnic and religious division are becoming increasingly apparent. It's taken Iraq's prime minister months to form what he calls a government of national unity, and he has yet to fill several jobs.

Sunni Arabs, who feel alienated by the larger Shiite majority, are expected to get at least some of the jobs. So far, agreement between Iraq's many groups has eluded them. Since Iraq's incomplete government was announced Thursday, nearly 200 Iraqis have been killed in insurgent attacks.

Ryan Chilcote, CNN, Baghdad.

O'BRIEN: Well, talk about a defense witness. Testifying today in the sentencing phase of Lynndie England's prisoner abuse court- martial in Texas, we repeat, the sentencing phase, Charles Graner managed to cast doubt on England's guilty plea. And now there's a recess while a military judge tries to sort this whole thing out.

CNN's Susan Candiotti is following all the twists and turns at Ft. Hood for us -- Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hi, Miles.

What a time this has been for Lynndie England. First, her ex- boyfriend is said to have fathered her child. Then he marries another woman. And now this, Charles Graner, Lynndie England's ex-beau and a prison guard at Abu Ghraib prison, took the -- threw the trial today, I should say, into a tailspin, and here's how.

He was called by the defense to testify on her behalf, trying to paint a sympathetic picture for Lynndie England and try to lessen her sentence. Then Graner told a jury about the time he put a dog leash around a prisoner's neck to get him out of the cell and told England to follow his order. He described this as a legitimate, acceptable technique.

Well, at that point, the judge stopped the proceedings cold. He was clearly angry at England's defense team and said, "Look, you can't have it both ways. First Lynndie England has said, 'I'm guilty. I know what I did was wrong. There was no order.' But now you have a witness," the judge said, "Graner, saying that she was following an order. Well, if that's true," the judge said, "England should plead not guilty." And then theoretically this court-martial, Miles, could be over.

Well, now currently they are in a recess to sort things out. It has been a busy day.

Lynndie England's new baby came to court today. England, you'll recall, is an unwed mother. She gave birth to the baby boy last October. And England has -- England's mother is the one who carried the baby into court this day. Remember, the father is believed to be Charles Graner. But as we've said, he's now married to someone else.

So keep this in mind as I tell you the following. According to our courtroom sketch artist, Pat Lopez, as she was drawing a picture of Graner in court this day, she said Lynndie England leaned over, took a look at the sketch in Graner and said, "Don't forget the horns."

Miles, we don't make things up. That's what happened.

O'BRIEN: All right. But let me get this straight. Lynndie England had testified that she -- when she -- those pictures were taken, those infamous pictures were taken, she knew she was doing wrong. So really...

CANDIOTTI: That's what she said and was part of her guilty plea...

O'BRIEN: ... that's her word versus Graner. And if she says so, isn't that enough for her to cop that plea?

CANDIOTTI: Well, remember, that is the whole basis of her guilty plea. But the judge, in listening to this testimony, if he feels that that guilty plea isn't true, she didn't really mean it, we have a discrepancy here, obviously, the judge says, then he has to question her and pin her down. And that's what he's going to do when court resumes, and say, "Look, which is it here? Are you guilty or are you saying that you're really not guilty?"

That's what we'll find out when we go back to court. O'BRIEN: All right, Susan Candiotti, thank you very much, watching all those twists and turns at Fort Hood -- Kyra.

PHILLIPS: Well, you can change your name. You can change your look, but your fingerprints are supposed to be a dead giveaway. So how did a suspected serial killer slip through the fingers of police in Georgia and the FBI three separate times?

CNN's Sarah Dorsey is following that story. It's been one of those talkers we've all been talking about.

SARAH DORSEY, CNN CORRESPONDENT: Makes you shake your head, doesn't it? This is not supposed to happen.

What is supposed to happen is that any time someone is arrested anywhere, they're supposed to be fingerprinted. Those fingerprints are then sent up through a national database. And that way, local and federal authorities can ensure the person that is in custody is who they say they are. They can also track them over several states.

Now, in the case of Jeremy Jones, a man now charged with three counts of murder and being looked at for several other murders, there was an obvious breakdown in that system.

Jones was arrested three times in Georgia on charges ranging from public indecency to drug offenses. Each time, he gave an alias, and the computer never caught that lie.

If it had, authorities would have figured out that, indeed, they had Jeremy Jones, a man wanted on a sexual assault charge out of Oklahoma at the time. He would have been delivered and held -- held back and delivered to Oklahoma to face those charges. And law enforcement agents say probably he would have never been able to commit the alleged murders that he is now charged with.

In a written statement, the FBI admitted that the error occurred saying, quote, let's see what they said here. There we go. "It is important to note that this incident was a result of a technical database error, not a human examiner failing to make an appropriate match."

It went on to say, quote, "The FBI regrets this incident. We continue to improve our procedures and examine new technology to upgrade and enhance the reliability and accuracy of that national system IAFIS."

PHILLIPS: Well, it's interesting, they admit that there was a problem. They're trying to update and fix the system. Well, you wonder how long has there been problems in the system and how do we know it's going to work the next time?

DORSEY: You do wonder that, absolutely. The FBI tells us that this system is 90 percent accurate. And they also say that thousands of fugitives each month are identified and identified successfully.

So they say this is just one of those things that happen, basically. An unfortunate incident, especially for all of those families whose loved ones were murdered, allegedly, by Mr. Jones.

PHILLIPS: Well, it will be interesting to see if the family reacts, if they sue, and we'll continue to follow it. All right. Sara Dorsey, thank you so much.

DORSEY: Thank you.

PHILLIPS: All right.

O'BRIEN: You've no doubt heard the story of the runaway bride. Now there is an understatement today. Of course you've heard the story of the runaway bride. What was she thinking when she pulled that disappearing act just days before her wedding? You'll get a chance to find out, ahead on LIVE FROM.

And is team spirit getting a little too steamy? Ahead on LIVE FROM, why the state of Texas may tell cheerleaders to tone down the pom-poms, so to speak.

And caught on tape: a routine fill up turns into an explosive situation. Talk about high test. A driver forgets that important step in the refueling process.

(COMMERCIAL BREAK)

O'BRIEN: Australian-born Douglas Wood, as far as we know, is still held hostage in Iraq today. Where he was taken, when and precisely by whom, all unknowns. The last word -- the last the world saw of Wood was a videotape released over the weekend. You see a still of it here. He is obviously held at gunpoint.

Australia's foreign minister appeared on the Arabic language news network Al Jazeera yesterday, urging Woods' captors to release him. Alexander Downer says he knows of no ransom demands or other demands, for that matter. Downer in Washington today, expected to be live with Secretary of State Condoleezza Rice this hour. We will bring it to you when it happens.

PHILLIPS: Upstate, New York. Donnie Herbert has been quite the chatterbox lately, not that his wife and kids seem to mind. You'll know that Herbert is the Buffalo fireman who apparently snapped out of a nearly 10-year comma-like state just a few days ago. Doctors are blown away. His family is overjoyed. And we hope someone is explaining reality television to him.

Stay with CNN. We're expecting to hear the latest on his condition when his family addresses reporters in just a little bit. I believe we may even hear from his wife Linda. And that's set for 2 p.m. Eastern. We're going to carry it live.

O'BRIEN: Well, he certainly understands what "Survivor" is all about.

All right. Don't think the nation has forgotten about Jennifer Wilbanks, of course. She's back home, after a little out west walk- about, you might call it. There's a euphemism for you. Plenty of unanswered questions swirling about the runaway bride still today. And there's that criminal charges thing, too. Developments on that front today, as well.

CNN's Fredricka Whitfield in Gainesville, Georgia.

What's the latest, Fred?

FREDRICKA WHITFIELD, CNN CORRESPONDENT: Hello, Miles.

Well, friends, neighbors, and searchers have expressed their disappointment. They've broken their silence Over Jennifer Wilbanks, expressing embarrassment, as well. Even the fiance, John Mason, has broken his silence, expressing forgiveness for his fiance.

And now Wilbanks' attorney and representatives from this Gainesville church, where she has been receiving counseling, are saying that a comprehensive statement could be released as early as tomorrow on behalf of Jennifer Wilbanks.

Meantime, her attorney, Lydia Sartain, did release these comments on behalf of Jennifer, saying, "Jennifer asked that I convey her appreciation of the many prayers and statements of support she has received from countless individuals. She is deeply regretful about the pain she caused her family, her fiance, her friends and community who rally to her aid. I believe Jennifer committed no crime. I understand and respect Gwinnett County district attorney Danny Porter and his obligation to investigate this situation thoroughly. Jennifer hopes this experience will help her grow and heal and perhaps help others in similar circumstances. I look forward to working with her and her family."

Again, that statement from Lydia Sartain, attorney for Jennifer Wilbanks.

Again, tomorrow, it's expected that comprehensive statement will be delivered. We don't know, however, whether Jennifer Wilbanks herself will be delivering that statement, or whether someone else will be reading it on her behalf.

As for the district attorney, well, apparently the D.A. is still weighing whether to pursue criminal charges against Jennifer Wilbanks, in pursuit of trying to recover the some $60,000 spent on that exhaustive three-day search for that runaway bride.

Bottom line, Miles, still a few unwritten chapters in this story of Jennifer Wilbanks.

O'BRIEN: All right, Fredricka, we hope there's an apology chapter as well. Thank you very much.

More to come on LIVE FROM.

(BEGIN VIDEO CLIP)

PHILLIPS (voice-over): Next on LIVE FROM... UNIDENTIFIED FEMALE: Will you re-offend again?

UNIDENTIFIED MALE: No comment.

PHILLIPS: A serial child molester who once asked to be castrated now released from prison. How will he be monitored?

Later on LIVE FROM, sidelining sex. Texas lawmakers tell cheerleaders to clean up their act. Is team spirit getting too suggestive?

Also ahead, silence broken. An injured firefighter suddenly able to speak after nine years. His family shares their story with reporters, live. Next hour on LIVE FROM.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

PHILLIPS: News across America now, from Jersey with love. On its way to Iraq, salami, lot of it, two tons of it. Operation Salami Drop is the brainchild of two brothers who run a deli in Newark. They took donations to send one salami to every G.I. Joe in the 42nd Infantry Division. The first of the wurst could be dispersed as of this weekend.

Also thinking big and hungry is this pub in Clearfield, Pennsylvania. They now boast the biggest burger in the big burger business. The challenge, eat this 15-pounder and it's on the house. The pub owner proved for us that this monster is not just decoration, folks.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: In Clearfield, Pennsylvania...

UNIDENTIFIED MALE: Wow. You're standing by your product, aren't you?

UNIDENTIFIED MALE: Delicious.

(END VIDEO CLIP)

PHILLIPS: Oh, boy. Just in case we whetted your appetite with the salami and the burger, well, this picture may put your off your feet. Steve Deerwood, central Minnesota, yikes. Looking to shatter the current Guinness record for body piercings. You ready? Two thousand and five needles at one time. Where he found the space for them all, we prefer not to imagine it, thank you very much. Please, kids do we have to ask you, don't try this at home.

O'BRIEN: Are those all piercings there?

PHILLIPS: Those are piercings.

O'BRIEN: That is just awful. I am so sorry. I apologize to each and every one of you out there for sharing that with you. I come in late and the place goes to you know where.

All right, Texas politicians in a feud over what is lewd. The subject of a just-passed House bill, school cheerleaders and their high-spirited dance routines. Some Austin lawmakers believe a bucket of cold water is long overdue.

Rich Parsons of Austin affiliate -- give me a "K," give me an "X", give me a give me an "A," give me an "N" -- has more.

9BEGIN VIDEOTAPE)

RICH PARSONS, KXAN REPORTER (voice-over): Brad Page has been teaching tomorrow's cheerleaders for 15 years and prides himself on always keeping it clean.

BRAD PAGE, CHEERLEADING COACH: Certainly, you can entertain without having to shake too much.

PARSONS: So Page supports a proposal to outlaw sexually suggestive cheerleading or dance routines in public schools.

PAGE: I don't think that provocative dance moves belong on the sidelines. We're in front of the crowd. I mean, when your audience is family-oriented, I mean, it's got to be, you know, G-rated.

PARSONS: But Houston representative Al Edwards says it's getting too R-rated on the sidelines.

AL EDWARDS, TEXAS LEGISLATOR: Yes, I've seen it.

PARSONS: He's sponsoring the ban on sexually suggestive performances.

EDWARDS: You tell them to clean up their act and I bet you they'll do it.

PARSONS: But critics argue there are already laws to keep kids from getting lewd and nude. They say this proposal would only erode their freedom of expression.

PAM UHR, AMERICAN CIVIL LIBERTIES UNION: I don't think we do want our kids doing stuff like that. The problem with the bill is that there is no definition of what is sexually suggestive.

PARSONS: To Edwards, it's in the eye of the beholder.

EDWARDS: Rather than trying to describe it or make movements, if you're an adult, you've been involved with sex ever in your life, you know it when you see it.

PARSONS: That's why Page says he never lets his students show it.

PAGE: We can generate spirit and motivate a crowd without having that kind of business going on.

(END VIDEOTAPE)

PHILLIPS: Finally, some good news for General Motors. A billionaire with a taste for car companies wants a bigger piece of the pie. Susan Lisovicz live from the New York Stock Exchange with the details.

Hi, Susan.

(STOCK MARKET REPORT)

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