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Terror Suspect Arrested; Through Their Fingers; Press Conference on Donald Herbert's Condition

Aired May 04, 2005 - 14:02   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: A husband, father and brave firefighter silenced for nine years by an injury suddenly able to speak. Live this hour, his family and doctors are going to talk about his amazing recovery.
MILES O'BRIEN, CNN ANCHOR: A suspected al Qaeda terrorist, a top one, now in custody. Will his arrest get investigators any closer to who else, Osama bin Laden?

PHILLIPS: The runaway bride says she has some regrets. We get the first words from her since her disappearing act.

O'BRIEN: And stop the presses. A first lady -- and we use that term sparingly -- acts not so not ladylike when she gets mad at the newspaper office. And of course the tape was rolling there. It is just the exact opposite of Laura Bush's scene over the weekend. Good press

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

PHILLIPS: And I'm Kyra Phillips. Glad you are with us. This hour of CNN's LIVE FROM starts right now.

O'BRIEN: It's the talk of Orchard Park and really much of the nation, the severely brain-injured firefighter who suddenly struck up a conversation after more than nine years of near silence. We're awaiting a news conference on the condition and the prognosis of Donald Herbert, who has spent seven of those nine years in a nursing home in suburban Buffalo, New York.

He's been not only mute, but blind, with minimal memory or awareness. It all began in 1995, a house fire. He was trapped without oxygen for quite some time. There was a fallen roof.

Last weekend, Herbert spoke out of the blue for 14 hours, catching up, to say the least, with family and friends, many of whom were and are, well, speechless.

(BEGIN VIDEO CLIP)

NEIL KEANE, FMR. COMMISSIONER BUFFALO FIRE DEPT.: I can't think of a better word than miracle. It is astounding. Absolutely astounding. I never thought that -- although I prayed, like many of my fellow firefighters did, and I'm sure family members for his recovery, I never thought for a moment that he would ever come out of it. (END VIDEO CLIP)

O'BRIEN: Doctors and a family spokesman are due to speak at the Erie County Medical Center. It's going to happen in any minute. Of course we'll bring it to you the moment it happens.

PHILLIPS: Well, President Bush is hailing the capture of a big fish within al Qaeda. Pakistani intelligence officials say they've captured the alleged number three man in al Qaeda who has played a significant role in terror activities in Pakistan.

CNN national security correspondent David Ensor joins us from Washington now to talk about the significance of this arrest, not just Pakistan, but pretty much across the globe, right, David?

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Right, Kyra. And U.S. counterterrorism officials are saying that it was information gathered by the U.S. from human sources that was "critical" in finding the hideout of Abu Faraj al-Libbi in the northwest tribal area near Pakistan's border with Afghanistan. Though, of course, Pakistan took the lead and deserves the lion's share of the credit.

Al-Libbi was captured with others several days ago after a gun battle, and the news was kept secret, according to Pakistani officials, so that they could conduct additional raids. Their operations in that area are continuing, we're told.

President Bush had this to say about the capture.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Al-Libbi was a top general for bin Laden. He was a major facilitator and a chief planner for the al Qaeda network. His arrest removes a dangerous enemy who is a direct threat to America and for those that love freedom.

I applaud the Pakistani government for their strong cooperation in the war on terror. I applaud the Pakistani government and President Musharraf for acting on solid intelligence to bring this man to justice.

The fight continues. We'll stay on the offensive until al Qaeda is defeated.

(END VIDEO CLIP)

ENSOR: U.S. officials are saying al-Libbi was the number three man in al Qaeda, its operation chief, and as such he's in a position to know a lot about plots against the U.S. homeland, against European targets, against coalition forces in Afghanistan and elsewhere. Now, for the moment, he's in Pakistani hands, though U.S. and Pakistani officials both say whether or not he'll be transferred into American hands has not yet been decided.

His predecessor, Khalid Sheikh Mohammed, was also captured in Pakistan, and he was transferred to the U.S. and is being held at an undisclosed location outside this country by the CIA. U.S. officials have said that Khalid Sheikh Mohammed has provided useful information his interrogators.

But al-Libbi is charged in Pakistan with masterminding two unsuccessful attempts to assassinate President Pervez Musharraf, giving Pakistan some possible interest in holding him for trial there. U.S. officials are saying that this is the most important blow against al Qaeda since Khalid Sheik Mohammed's arrest in 2003, and they are hopeful that information gathered from this new prisoner will save lives -- Kyra.

PHILLIPS: And I have to ask, any leads to Osama bin Laden and his whereabouts?

ENSOR: Well, it's interesting that he was captured in the area where U.S. intelligence officials have repeatedly said they believe Osama bin Laden and his top deputy are hiding. So, clearly, Pakistani troops are moving in on the area. They are having some successes. It could be this will be a breakthrough, but they're not saying so at this point.

PHILLIPS: All right. David Ensor, thanks so much.

Well, CNN is committed to providing the most reliable coverage of news that affects your security. Stay tuned to CNN for the latest information day and night.

O'BRIEN: More violence in Iraq to tell you about today. A car bomb killing nine Iraqi national guardsmen, wounding 20 people in Baghdad today. The attack occurred in the Dura (ph) section of the capital. It came hours after a suicide bomber killed at least 47 in the Kurdish city of Erbil to the north.

Meanwhile, a notorious militant group is claiming responsibility for an especially deadly attack today in Iraq as well. A suicide bomber blew himself up in a police recruitment line in Erbil. About 60 people were killed, 50 others wounded, many critically. The attack was the deadliest in Iraq in more than two months.

Now, the Army of Ansar al-Sunnah says the bombing was in revenge for Kurds' alliance with Iraqi forces.

PHILLIPS: "The Washington Post" reports a top U.S. Army official's new friendly fire killed ranger Pat Tillman in Afghanistan weeks before they told the family and the public. The former NFL star was killed April 22 of last year.

The Army announced the following May 29 that bullets fired by fellow Rangers likely killed him. "The Post" says officers initially destroyed evidence and concealed the truth.

O'BRIEN: Murder in Alabama, murder in Georgia, murder in Louisiana, potentially, allegedly preventable had police held onto the suspect when they had him. But Jeremy Brian Jones used an alias when he was picked up in Georgia three times, and somehow, somehow the FBI failed to recognize his fingerprints even though he was a wanted fugitive from Oklahoma.

CNN's Sara Dorsey has been following this story.

And we thought anybody who watched that old Ephraim Zimbalist series thought fingerprints were a deadlock, right?

SARA DORSEY, CNN CORRESPONDENT: It makes you shake your head on this one, or maybe even bang it, depending on how you look at it. What is supposed to happen is, any time you are arrested, your fingerprints are taken and it is sent up through several databases. First a state database, and then on to a federal database.

And the whole point of that is to ensure to local authorities that the man or woman they think they have is indeed who they have in custody. And also, so the feds can track these people if they go to commit crimes in other states.

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. The Douglas County sheriff's office arrested him once and had no idea who he really was.

(BEGIN VIDEO CLIP)

CHIEF DEP. STAN COPELAND, DOUGLAS COUNTY, GEORGIA, SHERIFF'S DEPT.: He was arrested by deputies, brought to this office where he was fingerprinted, a mug shot taken under the name of John Paul Chapman. This is the first link in a continual chain. And if anywhere along the way that chain is broken, then there may be issues.

(END VIDEO CLIP)

DORSEY: And in this case there were issues, big ones. The computer never caught that lie. If it had, authorities would have known they had a man wanted for sexual assault charges in Oklahoma.

Jones would have been held in jail and sent back to Oklahoma. Law enforcement agents say he probably would have never been able to commit at least some of those murders he is now charged with, if that had indeed happened. In a written statement, the FBI admitted that the error occurred, saying, "It is important to note that this incident was the result of a technical database error, not a human examiner failing to make an appropriate match."

The statement went on to say, "The FBI regrets this incident. We continue to improve our procedures and examine new technologies to upgrade and enhance the reliability and accuracy of IAFIS."

And Miles, Jeremy Jones is in Mobile County, Alabama, where he is being charged -- or held on a charge of murder.

O'BRIEN: All right. Sara Dorsey, thank you very much -- Kyra.

PHILLIPS: All right. This word just into CNN. We're being told that a military judge has rejected Lynndie England's guilty plea agreement in the Abu Ghraib prison scandal. You'll remember Lynndie England, private 1st class, was serving in Iraq. She was the one when the big expose came out showing all those pictures of how the prisoners were being treated.

She appeared in a number of those under what she said was instruction from her boss, Graner. You'll remember Charles Graner, who is defense indicates that -- or rather her defense of the guilty plea -- rather her guilty plea, rather, agreement has been rejected.

I apologize. Just getting a lot of the information in at the last minute. Trying to make sense of it.

Susan Candiotti will join us live with more on what this means.

We'll take a quick break. We'll be right back.

(COMMERCIAL BREAK)

(JOINED IN PROGRESS)

UNIDENTIFIED MALE: So I would like to introduce now, please, to make a statement, Linda Herbert.

LINDA HERBERT, DONALD HERBERT'S WIFE: Good afternoon.

I want to thank you for this opportunity to address everyone who has helped our family and prayed for Don's recovery for so long. As you will hear in a moment from Donny's medical personnel, Don has made some advances, but there's still a long way to go.

As you can imagine for us, to speak to and to be recognized by my husband, their father, after nine-and-a-half years was completely overwhelming. We are still trying to cope with this incredible experience.

When Don spoke, he was under the impression he was only away for three months. He was very surprised to find out it was nine-and-a- half years.

My son, Nicholas, who had just turned four at the time of the accident, is just thrilled to have his father call him by name, hug him, and speak with him. As you were told previously, my husband did not believe that it was Nicholas at first because he thought Nick was still three years old.

Since Saturday, when Don stopped speaking, he has had several infrequent moments of lucidity, which has given us much hope for further recovery. Although these subsequent periods of lucidity were not of the quality of Saturday, they were still of a degree which was considerably higher than before Saturday.

Don has always been a loving husband and father and has many friends, including his brothers of the fire department. The family is making every attempt to share Don's progress with everyone, and we will continue to do so. Therefore, we would like to ask that everyone continue to pray for Don's recovery and that everyone respect the privacy of my boys and me during this period.

Thank you.

UNIDENTIFIED MALE: I would like to now invite Michael D'Orazio, Buffalo fire commissioner.

MICHAEL D'ORAZIO, BUFFALO, NEW YORK, FIRE COMMISSIONER: Good afternoon. I'll share with you a few words about Donald Herbert, the firefighter.

Now, firefighters are not ordinary people. Donald Herbert is no ordinary firefighter.

We've heard of Donald as a firefighter's firefighter. You can talk to anyone who's had the good fortune to work alongside Donald over the years and they will tell you Donald Herbert is a great firefighter. A great firefighter, it sounds simple, but believe me, it is the highest honor anyone in the fire service can receive, recognition from your peers.

Donald had been a member of the Buffalo Fire Department since October of 1986. With less than a year of service, he had distinguished himself by receiving the coveted firefighter of the year award, awarded tho those probationary firefighters for their outstanding service.

Over the years, along with the members of his crew, he's also received numerous department unit citations. Those are awarded to firefightering crews for their exemplary performance, for their actions above and beyond the call of duty.

What separates a firefighter from a great firefighter, you need look no further than to Don Herbert. First in, last out. A warrior, a hero. And I'm not quite sure that you can truly understand or grasp the bond that exists in the fire service.

Let me tell that you we're very proud that when we got the initial reports of Donald's recovery, dozens of his firefighter family members raced to his bedside. That's truly an indication of how much Donald is loved and respected.

Donald, the men and women of the Buffalo Fire Department are proud to have you as a member of our family. And we continue to pray for you and your family. God bless you always.

UNIDENTIFIED MALE: Thank you, Michael.

I would like to now invite to the podium Mr. -- or Dr. Jamil Ahmed, who is the Erie County Medical Center Department of Rehabilitation medicine physician. And he was the rehabilitation person, again, for Mr. Herbert.

DR. JAMIL AHMED, ERIE COUNTY MEDICAL CENTER: Hi. As you know, my name is Dr. Jamil Ahmed. I will just introduce myself a little bit. I graduated from Boston University Medical Center. I had training, extensive training in the physical rehabilitation, and trauma to the brain injury.

Then I came to Buffalo about three years ago, and I joined the Department of Rehabilitation in Erie County Medical Center. Most of the patients I started working on were, again, (INAUDIBLE), and they were brain-injured patients, including trauma and non-trauma brain- injured patients.

My goal always is to never give up. And this is a bad thing and this is a good thing in me that I always want to try. And I always hope for the best, and I always believe in god.

So most of the patients I started seeing, they were brain injured, and they were in different stages, either in coma, other cognitive problems. But I tried to work on all of the patients.

Mr. Donald Herbert, I saw him -- the first time he was brought in with his wife to me in ECMC. And and I saw him about two-and-a-half years ago.

I went through all of the problems and the issues of the patient. We discussed everything, and I tried to understand the patient. I came to the ideas, and we discussed with the wife, and came to the conclusion. And I offered her the treatment plans, and we agreed upon and we decided to start him on some medications.

And we started him on neurostimulants. They are different types of neurostimulants. They are not indicated specifically for problems like brain injury, but they work in some way to the brain and they help the patient.

I had extensive experience of working on those medications. So we started -- she agreed, and we started on some medications.

And we decided to follow up. And then in between those times, duration, we also worked on him. We checked everything.

We went through all of his problems. We did the CAT scans. And we also started the therapies, the physical therapy, occupational therapy, speech therapy. We tried every way, and we manipulated the medications.

I tried to figure out what is the problem with him. As everybody knows, he was a severely brain-damaged patient. And especially, he did not receive oxygen for about 10 minutes at the time he had accident.

The roof -- the building was collapsed, and (INAUDIBLE) arrest. His heart was not functioning at that time. So that was very serious problem.

But I still hoped that, you know, that's going to make a change. So I -- his wife, I was so impressed, because she also didn't want to give up on him, even if it was a long time, even she was told by many people that there is no hope and it doesn't look like there will be any change because it's already too long time.

But we both agreed, she agreed and I agreed, and we tried to work with medications. And I keep following him.

He lived in the nursing home, but he visited me in the Erie County Medical Center. And we always tried to think and discuss. And I figured out what are the problems with him, where should I (INAUDIBLE) from where should I start, which type of medication he could be able to tolerate. We also discussed about the side-effects and the complications and many things.

Finally, about three months ago, I changed his whole set of medications. And there were like different types of three medications we started which work in a different way to the brain, and works on a different way on the neurotransmitters, which are the most important parts of the brain, functioning of the brain.

So I told her maybe it may take six months and we could wait for that. But we should not give up, and we should continue starting these medications and continue with medications, and just don't stop it.

I appreciate the nursing home doctors. They always followed my recommendations. And they always put him on the medications which I prescribed, I recommended. And there was never any problems. Only we sometimes needed to discuss and I needed to explain why I'm asking about these medications.

And finally, I just suddenly heard, you know, on the weekend that he woke up. He's a patient, when I saw him two-and-a-half years ago, he was no response. He was just brought in the wheelchair and there was no response, and there was no talking, no movements, nothing.

His tone was tight. And he had drooling of his saliva. He had no control. And he was not able to talk, anything, and he was not moving.

And I tried to pinch him, I tried to stimulate him. There was no response at that time. He was almost like in the persistent vegetative coma state.

And then suddenly this thing happened. I went to see him in the nursing home, and I was so amazed, you know. That's unbelievable, god helped. And he started to follow the commands.

I saw his video at the time he talked for 16 hours, and they made the video. And they showed to me how did he do, and I was so surprised not only that he was talking, but he was talking very sensibly. And he was remembering his past.

He just didn't realize how long he was asleep. And he was feeling bad, what happened to him, where he was lost for a long time?

But he was -- he was talking sensible. He recognized people. And his comments were very interesting, and people were laughing.

And I tried to examine him again. And with me he did not talk, but he followed my recommendations -- my commands.

I asked him to move, and he was shaking his head. He was moving his hands. And he was following the commands, and then he started talking with his son. And he was counting 200 numbers from one to 200.

So that was so amazing, so impressive. And we are so happy.

And then I increased one of the medications to bring it to the higher doses, because we started that medication, and the plan was to increase to the higher level of the dose of the medication, too.

So we are hoping for the best. And god will help. He will improve more, and he may fluctuate with the time -- and time.

But the way he improved and he woke up, we are hoping he will progress and progress. How much he will progress, we are going to expect the most from the god. And we will see. We will monitoring him and watching him. And we all need to pray for that.

And I will answer the questions.

O'BRIEN: All right. That was in Buffalo, New York.

We have been hearing most recently from Dr. Jamil Ahmed, the attending physician at the Erie County Medical Center who's been looking after Donald Herbert for a couple of years now.

And most tellingly in that, of course he described that amazing 14-hour spurt of conversation which occurred after nine-and-a-half years of silence, saying that he was lucid. As a matter of fact, he obviously had a sense of humor. People were laughing in that room.

A remarkable scene that he painted there. But what's interesting, and we'll talk to our expert in just a few minutes about this -- we have one standing by -- three months ago the doctor changed his medicine and the dosages. And we're going to try to get a little more information about that to see if that -- there might be some connection between that and what many people are calling a miracle.

Donny Herbert appears to know where is he, know who he's around, and appears to be talking just fine. We will check in with that expert in just a moment. But first, Kyra.

PHILLIPS: As you know, we told you yesterday, as we have been following the trial of Private 1st Class Lynndie England, she pled guilty to abuse that took place at Abu Ghraib prison in Iraq. Now we are being told the judge has rejected that guilty plea.

END

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Aired May 4, 2005 - 14:02   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: A husband, father and brave firefighter silenced for nine years by an injury suddenly able to speak. Live this hour, his family and doctors are going to talk about his amazing recovery.
MILES O'BRIEN, CNN ANCHOR: A suspected al Qaeda terrorist, a top one, now in custody. Will his arrest get investigators any closer to who else, Osama bin Laden?

PHILLIPS: The runaway bride says she has some regrets. We get the first words from her since her disappearing act.

O'BRIEN: And stop the presses. A first lady -- and we use that term sparingly -- acts not so not ladylike when she gets mad at the newspaper office. And of course the tape was rolling there. It is just the exact opposite of Laura Bush's scene over the weekend. Good press

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

PHILLIPS: And I'm Kyra Phillips. Glad you are with us. This hour of CNN's LIVE FROM starts right now.

O'BRIEN: It's the talk of Orchard Park and really much of the nation, the severely brain-injured firefighter who suddenly struck up a conversation after more than nine years of near silence. We're awaiting a news conference on the condition and the prognosis of Donald Herbert, who has spent seven of those nine years in a nursing home in suburban Buffalo, New York.

He's been not only mute, but blind, with minimal memory or awareness. It all began in 1995, a house fire. He was trapped without oxygen for quite some time. There was a fallen roof.

Last weekend, Herbert spoke out of the blue for 14 hours, catching up, to say the least, with family and friends, many of whom were and are, well, speechless.

(BEGIN VIDEO CLIP)

NEIL KEANE, FMR. COMMISSIONER BUFFALO FIRE DEPT.: I can't think of a better word than miracle. It is astounding. Absolutely astounding. I never thought that -- although I prayed, like many of my fellow firefighters did, and I'm sure family members for his recovery, I never thought for a moment that he would ever come out of it. (END VIDEO CLIP)

O'BRIEN: Doctors and a family spokesman are due to speak at the Erie County Medical Center. It's going to happen in any minute. Of course we'll bring it to you the moment it happens.

PHILLIPS: Well, President Bush is hailing the capture of a big fish within al Qaeda. Pakistani intelligence officials say they've captured the alleged number three man in al Qaeda who has played a significant role in terror activities in Pakistan.

CNN national security correspondent David Ensor joins us from Washington now to talk about the significance of this arrest, not just Pakistan, but pretty much across the globe, right, David?

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Right, Kyra. And U.S. counterterrorism officials are saying that it was information gathered by the U.S. from human sources that was "critical" in finding the hideout of Abu Faraj al-Libbi in the northwest tribal area near Pakistan's border with Afghanistan. Though, of course, Pakistan took the lead and deserves the lion's share of the credit.

Al-Libbi was captured with others several days ago after a gun battle, and the news was kept secret, according to Pakistani officials, so that they could conduct additional raids. Their operations in that area are continuing, we're told.

President Bush had this to say about the capture.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Al-Libbi was a top general for bin Laden. He was a major facilitator and a chief planner for the al Qaeda network. His arrest removes a dangerous enemy who is a direct threat to America and for those that love freedom.

I applaud the Pakistani government for their strong cooperation in the war on terror. I applaud the Pakistani government and President Musharraf for acting on solid intelligence to bring this man to justice.

The fight continues. We'll stay on the offensive until al Qaeda is defeated.

(END VIDEO CLIP)

ENSOR: U.S. officials are saying al-Libbi was the number three man in al Qaeda, its operation chief, and as such he's in a position to know a lot about plots against the U.S. homeland, against European targets, against coalition forces in Afghanistan and elsewhere. Now, for the moment, he's in Pakistani hands, though U.S. and Pakistani officials both say whether or not he'll be transferred into American hands has not yet been decided.

His predecessor, Khalid Sheikh Mohammed, was also captured in Pakistan, and he was transferred to the U.S. and is being held at an undisclosed location outside this country by the CIA. U.S. officials have said that Khalid Sheikh Mohammed has provided useful information his interrogators.

But al-Libbi is charged in Pakistan with masterminding two unsuccessful attempts to assassinate President Pervez Musharraf, giving Pakistan some possible interest in holding him for trial there. U.S. officials are saying that this is the most important blow against al Qaeda since Khalid Sheik Mohammed's arrest in 2003, and they are hopeful that information gathered from this new prisoner will save lives -- Kyra.

PHILLIPS: And I have to ask, any leads to Osama bin Laden and his whereabouts?

ENSOR: Well, it's interesting that he was captured in the area where U.S. intelligence officials have repeatedly said they believe Osama bin Laden and his top deputy are hiding. So, clearly, Pakistani troops are moving in on the area. They are having some successes. It could be this will be a breakthrough, but they're not saying so at this point.

PHILLIPS: All right. David Ensor, thanks so much.

Well, CNN is committed to providing the most reliable coverage of news that affects your security. Stay tuned to CNN for the latest information day and night.

O'BRIEN: More violence in Iraq to tell you about today. A car bomb killing nine Iraqi national guardsmen, wounding 20 people in Baghdad today. The attack occurred in the Dura (ph) section of the capital. It came hours after a suicide bomber killed at least 47 in the Kurdish city of Erbil to the north.

Meanwhile, a notorious militant group is claiming responsibility for an especially deadly attack today in Iraq as well. A suicide bomber blew himself up in a police recruitment line in Erbil. About 60 people were killed, 50 others wounded, many critically. The attack was the deadliest in Iraq in more than two months.

Now, the Army of Ansar al-Sunnah says the bombing was in revenge for Kurds' alliance with Iraqi forces.

PHILLIPS: "The Washington Post" reports a top U.S. Army official's new friendly fire killed ranger Pat Tillman in Afghanistan weeks before they told the family and the public. The former NFL star was killed April 22 of last year.

The Army announced the following May 29 that bullets fired by fellow Rangers likely killed him. "The Post" says officers initially destroyed evidence and concealed the truth.

O'BRIEN: Murder in Alabama, murder in Georgia, murder in Louisiana, potentially, allegedly preventable had police held onto the suspect when they had him. But Jeremy Brian Jones used an alias when he was picked up in Georgia three times, and somehow, somehow the FBI failed to recognize his fingerprints even though he was a wanted fugitive from Oklahoma.

CNN's Sara Dorsey has been following this story.

And we thought anybody who watched that old Ephraim Zimbalist series thought fingerprints were a deadlock, right?

SARA DORSEY, CNN CORRESPONDENT: It makes you shake your head on this one, or maybe even bang it, depending on how you look at it. What is supposed to happen is, any time you are arrested, your fingerprints are taken and it is sent up through several databases. First a state database, and then on to a federal database.

And the whole point of that is to ensure to local authorities that the man or woman they think they have is indeed who they have in custody. And also, so the feds can track these people if they go to commit crimes in other states.

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. The Douglas County sheriff's office arrested him once and had no idea who he really was.

(BEGIN VIDEO CLIP)

CHIEF DEP. STAN COPELAND, DOUGLAS COUNTY, GEORGIA, SHERIFF'S DEPT.: He was arrested by deputies, brought to this office where he was fingerprinted, a mug shot taken under the name of John Paul Chapman. This is the first link in a continual chain. And if anywhere along the way that chain is broken, then there may be issues.

(END VIDEO CLIP)

DORSEY: And in this case there were issues, big ones. The computer never caught that lie. If it had, authorities would have known they had a man wanted for sexual assault charges in Oklahoma.

Jones would have been held in jail and sent back to Oklahoma. Law enforcement agents say he probably would have never been able to commit at least some of those murders he is now charged with, if that had indeed happened. In a written statement, the FBI admitted that the error occurred, saying, "It is important to note that this incident was the result of a technical database error, not a human examiner failing to make an appropriate match."

The statement went on to say, "The FBI regrets this incident. We continue to improve our procedures and examine new technologies to upgrade and enhance the reliability and accuracy of IAFIS."

And Miles, Jeremy Jones is in Mobile County, Alabama, where he is being charged -- or held on a charge of murder.

O'BRIEN: All right. Sara Dorsey, thank you very much -- Kyra.

PHILLIPS: All right. This word just into CNN. We're being told that a military judge has rejected Lynndie England's guilty plea agreement in the Abu Ghraib prison scandal. You'll remember Lynndie England, private 1st class, was serving in Iraq. She was the one when the big expose came out showing all those pictures of how the prisoners were being treated.

She appeared in a number of those under what she said was instruction from her boss, Graner. You'll remember Charles Graner, who is defense indicates that -- or rather her defense of the guilty plea -- rather her guilty plea, rather, agreement has been rejected.

I apologize. Just getting a lot of the information in at the last minute. Trying to make sense of it.

Susan Candiotti will join us live with more on what this means.

We'll take a quick break. We'll be right back.

(COMMERCIAL BREAK)

(JOINED IN PROGRESS)

UNIDENTIFIED MALE: So I would like to introduce now, please, to make a statement, Linda Herbert.

LINDA HERBERT, DONALD HERBERT'S WIFE: Good afternoon.

I want to thank you for this opportunity to address everyone who has helped our family and prayed for Don's recovery for so long. As you will hear in a moment from Donny's medical personnel, Don has made some advances, but there's still a long way to go.

As you can imagine for us, to speak to and to be recognized by my husband, their father, after nine-and-a-half years was completely overwhelming. We are still trying to cope with this incredible experience.

When Don spoke, he was under the impression he was only away for three months. He was very surprised to find out it was nine-and-a- half years.

My son, Nicholas, who had just turned four at the time of the accident, is just thrilled to have his father call him by name, hug him, and speak with him. As you were told previously, my husband did not believe that it was Nicholas at first because he thought Nick was still three years old.

Since Saturday, when Don stopped speaking, he has had several infrequent moments of lucidity, which has given us much hope for further recovery. Although these subsequent periods of lucidity were not of the quality of Saturday, they were still of a degree which was considerably higher than before Saturday.

Don has always been a loving husband and father and has many friends, including his brothers of the fire department. The family is making every attempt to share Don's progress with everyone, and we will continue to do so. Therefore, we would like to ask that everyone continue to pray for Don's recovery and that everyone respect the privacy of my boys and me during this period.

Thank you.

UNIDENTIFIED MALE: I would like to now invite Michael D'Orazio, Buffalo fire commissioner.

MICHAEL D'ORAZIO, BUFFALO, NEW YORK, FIRE COMMISSIONER: Good afternoon. I'll share with you a few words about Donald Herbert, the firefighter.

Now, firefighters are not ordinary people. Donald Herbert is no ordinary firefighter.

We've heard of Donald as a firefighter's firefighter. You can talk to anyone who's had the good fortune to work alongside Donald over the years and they will tell you Donald Herbert is a great firefighter. A great firefighter, it sounds simple, but believe me, it is the highest honor anyone in the fire service can receive, recognition from your peers.

Donald had been a member of the Buffalo Fire Department since October of 1986. With less than a year of service, he had distinguished himself by receiving the coveted firefighter of the year award, awarded tho those probationary firefighters for their outstanding service.

Over the years, along with the members of his crew, he's also received numerous department unit citations. Those are awarded to firefightering crews for their exemplary performance, for their actions above and beyond the call of duty.

What separates a firefighter from a great firefighter, you need look no further than to Don Herbert. First in, last out. A warrior, a hero. And I'm not quite sure that you can truly understand or grasp the bond that exists in the fire service.

Let me tell that you we're very proud that when we got the initial reports of Donald's recovery, dozens of his firefighter family members raced to his bedside. That's truly an indication of how much Donald is loved and respected.

Donald, the men and women of the Buffalo Fire Department are proud to have you as a member of our family. And we continue to pray for you and your family. God bless you always.

UNIDENTIFIED MALE: Thank you, Michael.

I would like to now invite to the podium Mr. -- or Dr. Jamil Ahmed, who is the Erie County Medical Center Department of Rehabilitation medicine physician. And he was the rehabilitation person, again, for Mr. Herbert.

DR. JAMIL AHMED, ERIE COUNTY MEDICAL CENTER: Hi. As you know, my name is Dr. Jamil Ahmed. I will just introduce myself a little bit. I graduated from Boston University Medical Center. I had training, extensive training in the physical rehabilitation, and trauma to the brain injury.

Then I came to Buffalo about three years ago, and I joined the Department of Rehabilitation in Erie County Medical Center. Most of the patients I started working on were, again, (INAUDIBLE), and they were brain-injured patients, including trauma and non-trauma brain- injured patients.

My goal always is to never give up. And this is a bad thing and this is a good thing in me that I always want to try. And I always hope for the best, and I always believe in god.

So most of the patients I started seeing, they were brain injured, and they were in different stages, either in coma, other cognitive problems. But I tried to work on all of the patients.

Mr. Donald Herbert, I saw him -- the first time he was brought in with his wife to me in ECMC. And and I saw him about two-and-a-half years ago.

I went through all of the problems and the issues of the patient. We discussed everything, and I tried to understand the patient. I came to the ideas, and we discussed with the wife, and came to the conclusion. And I offered her the treatment plans, and we agreed upon and we decided to start him on some medications.

And we started him on neurostimulants. They are different types of neurostimulants. They are not indicated specifically for problems like brain injury, but they work in some way to the brain and they help the patient.

I had extensive experience of working on those medications. So we started -- she agreed, and we started on some medications.

And we decided to follow up. And then in between those times, duration, we also worked on him. We checked everything.

We went through all of his problems. We did the CAT scans. And we also started the therapies, the physical therapy, occupational therapy, speech therapy. We tried every way, and we manipulated the medications.

I tried to figure out what is the problem with him. As everybody knows, he was a severely brain-damaged patient. And especially, he did not receive oxygen for about 10 minutes at the time he had accident.

The roof -- the building was collapsed, and (INAUDIBLE) arrest. His heart was not functioning at that time. So that was very serious problem.

But I still hoped that, you know, that's going to make a change. So I -- his wife, I was so impressed, because she also didn't want to give up on him, even if it was a long time, even she was told by many people that there is no hope and it doesn't look like there will be any change because it's already too long time.

But we both agreed, she agreed and I agreed, and we tried to work with medications. And I keep following him.

He lived in the nursing home, but he visited me in the Erie County Medical Center. And we always tried to think and discuss. And I figured out what are the problems with him, where should I (INAUDIBLE) from where should I start, which type of medication he could be able to tolerate. We also discussed about the side-effects and the complications and many things.

Finally, about three months ago, I changed his whole set of medications. And there were like different types of three medications we started which work in a different way to the brain, and works on a different way on the neurotransmitters, which are the most important parts of the brain, functioning of the brain.

So I told her maybe it may take six months and we could wait for that. But we should not give up, and we should continue starting these medications and continue with medications, and just don't stop it.

I appreciate the nursing home doctors. They always followed my recommendations. And they always put him on the medications which I prescribed, I recommended. And there was never any problems. Only we sometimes needed to discuss and I needed to explain why I'm asking about these medications.

And finally, I just suddenly heard, you know, on the weekend that he woke up. He's a patient, when I saw him two-and-a-half years ago, he was no response. He was just brought in the wheelchair and there was no response, and there was no talking, no movements, nothing.

His tone was tight. And he had drooling of his saliva. He had no control. And he was not able to talk, anything, and he was not moving.

And I tried to pinch him, I tried to stimulate him. There was no response at that time. He was almost like in the persistent vegetative coma state.

And then suddenly this thing happened. I went to see him in the nursing home, and I was so amazed, you know. That's unbelievable, god helped. And he started to follow the commands.

I saw his video at the time he talked for 16 hours, and they made the video. And they showed to me how did he do, and I was so surprised not only that he was talking, but he was talking very sensibly. And he was remembering his past.

He just didn't realize how long he was asleep. And he was feeling bad, what happened to him, where he was lost for a long time?

But he was -- he was talking sensible. He recognized people. And his comments were very interesting, and people were laughing.

And I tried to examine him again. And with me he did not talk, but he followed my recommendations -- my commands.

I asked him to move, and he was shaking his head. He was moving his hands. And he was following the commands, and then he started talking with his son. And he was counting 200 numbers from one to 200.

So that was so amazing, so impressive. And we are so happy.

And then I increased one of the medications to bring it to the higher doses, because we started that medication, and the plan was to increase to the higher level of the dose of the medication, too.

So we are hoping for the best. And god will help. He will improve more, and he may fluctuate with the time -- and time.

But the way he improved and he woke up, we are hoping he will progress and progress. How much he will progress, we are going to expect the most from the god. And we will see. We will monitoring him and watching him. And we all need to pray for that.

And I will answer the questions.

O'BRIEN: All right. That was in Buffalo, New York.

We have been hearing most recently from Dr. Jamil Ahmed, the attending physician at the Erie County Medical Center who's been looking after Donald Herbert for a couple of years now.

And most tellingly in that, of course he described that amazing 14-hour spurt of conversation which occurred after nine-and-a-half years of silence, saying that he was lucid. As a matter of fact, he obviously had a sense of humor. People were laughing in that room.

A remarkable scene that he painted there. But what's interesting, and we'll talk to our expert in just a few minutes about this -- we have one standing by -- three months ago the doctor changed his medicine and the dosages. And we're going to try to get a little more information about that to see if that -- there might be some connection between that and what many people are calling a miracle.

Donny Herbert appears to know where is he, know who he's around, and appears to be talking just fine. We will check in with that expert in just a moment. But first, Kyra.

PHILLIPS: As you know, we told you yesterday, as we have been following the trial of Private 1st Class Lynndie England, she pled guilty to abuse that took place at Abu Ghraib prison in Iraq. Now we are being told the judge has rejected that guilty plea.

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