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Miranda Flap; Pregnant Philadelphia Woman Still Missing; Entertainment Rundown

Aired July 28, 2005 - 14:31   ET

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

KYRA PHILLIPS, CNN ANCHOR: Checking stories "Now in the News." Authorities in Zambia have arrested a British man in connection with the July 7th London bombings. He's been identified as Haroon Rashid Aswat. Sources have also told CNN that British authorities denied a request from the U.S. to arrest Aswat a month before the July attacks. Aswat was in South Africa at the time. Britain refused the request because Aswat is a British citizen.
Floods and landslides in western India have killed more than 500 people. Half the deaths were in the financial center of Mumbai, which was been -- was hit, rather, from torrential monsoon rains. Rescuers are trying to recover the bodies of an estimated 100 people buried under an avalanche of mud in a little village just near Mumbai.

The House is set to approve what could be the biggest public works program of the decade, a $286 billion highway and transit bill that will finance new roads, bridges, bus terminals and even bike trails. It was the last act by the House before the summer recess.

Ever since the 1966 Supreme Court decision, reading suspects their Miranda rights has been a fixture of the justice system. You would think police would have it down by now. But not so in Broward County, where a botched Miranda warning has put several in jeopardy.

CNN national correspondent Susan Candiotti has the story.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): Leonard Houda recalls the attack that killed his elderly father. A cooler of acid thrown in his father's face.

HOUDA: The acid continued to eat him up. He looked like a melted candle when we buried him.

CANDIOTTI: Now, two men convicted in the attack are getting a second trial because of a botched Miranda warning.

When this Leonard Houda, Sr. was murdered in a parking lot, evidence included statements from Walter Dendy (ph), sentenced to life for ordering the attack and from Neil Bross (ph). He told detectives he tossed the acid into Houda's face. Bross (ph) got 15 years. This is part of his confession: "The guy came out, he came around his car and I said 'hey' and I threw it at him and just turned around and walked away and jumped in the truck." CANDIOTTI: Yet an appeals court said those confessions cannot be used in court this time, because of the flawed Miranda warning. Broward County's Miranda warning read, " you have the right to a lawyer present before questioning."

An appeals court ruled two key words were missing. It should have read, "before and during questioning." The court ruled the Broward's wording was so flawed that it has put at least eight other felony cases between 1999 and 2002 in trouble.

For example, prosecutors say this admitted killer is a free man. His Mirandized confession and other crucial evidence thrown out. That's why he won't be retried.

This teen, convicted of manslaughter for drowning a 5-year-old autistic boy, had his conviction overturned. The case is dropped. Defense attorney Fred Haddad, who represents one of the two Houda murder defendants says: The law is the law.

FRED HADDAD, DEFENSE ATTORNEY: I have a job to do just like a prosecutor does and a judge does and the police do. The police saw fit to shortfall their job.

UNIDENTIFIED MALE: It wasn't a mistake.

The Broward sheriff's office still defends its Miranda warning as quote, "Adequate." It had rejected a warning from state prosecutors that the wording needed change.

JIM LELJADAL, BROWARD SHERIFF'S OFFICE: In hindsight, we wished that we'd used it.

CANDIOTTI: Eight months ago, the sheriff changed the wording to this: "You have the right to talk to an attorney/lawyer before talking to me and to have an attorney/lawyer here with you during questioning now or in the future."

LELJADAL: The form that we're using today is absolutely perfect, as far as we know. But that doesn't mean that tomorrow, some lawyer isn't going to go into court and suggest that we need to start using the word after.

CANDIOTTI: A former federal prosecutor says Miranda must be fool-proof.

KENDAL COFFEY, FORMER FEDERAL PROSECUTOR: When a confession is thrown out, especially if somebody blew it, then justice is really being denied, because that is the most important kind of a proof that the jury ought to here.

CANDIOTTI: When Leonard Houda found out he was going to have to endure another grueling murder trial of men already convicted of killing his father, he was stunned.

HOUDA: I mean, it eats at you. You know, that they can think about these, you know, what had happened and these people might possibly go free, because of a Miranda reading.

CANDIOTTI: The re-trial is underway without confessions. The victim's widow and son, waiting to see if a jury will reach a different verdict than last time.

(END VIDEOTAPE)

PHILLIPS: Well, what's the bottom line on the Miranda mess? At least two dozen criminal cases in Broward County have been overturned or dismissed because of the omission.

Other news across America now. A Muslim cleric from Yemen sentenced to prison in the war on terror. Sheikh Mohammed al Moayad received the max today, 75 years, from a federal judge in New York. He was convicted in March of providing material support to al Qaeda and Hamas.

The top House Democrat is crying foul today over the razor-thin passage of the Central America Free Trade Agreement. Minority leader Nancy Pelosi says the White House offered unspecified inducements in exchange for yes votes. The pact was approved by a mere two votes after the House Republican leadership extended the time for the vote to help ensure its passage.

And an inflatable slide tips over at a summer camp in Florida, sending three children to the hospital. Officials say the slide had ten kids on it, some of whom fell up to 15 feet. The accident happened today in Broward County.

In Philadelphia, a $10,000 reward is being offered in the search of a pregnant mother who vanished last week. David Henry has the story from our CNN affiliate WPVI.

(BEGIN VIDEOTAPE)

DAVID HENRY, WPVI REPORTER (voice-over): Latoyia Figueroa was last seen about four blocks from the park. The 24-year-old pregnant mother has been missing for ten days now. This morning, police closed down a four-block stretch of the Cobbs Creek Parkway and started assembling a huge search team. They brought in highway patrol officers, district officers and the entire police academy class. They are now attempting to search every corner of this huge park.

UNIDENTIFIED MALE: It's going to spread our officers out as equally as possible. And it's just a matter of doing a walk-through. And it's going to be difficult. Some of the spots are difficult to get through and we're just going to do the best we can with it.

HENRY: Figueroa was last seen with her boyfriend at 59th and Walton, just a few blocks from the park. Police are not calling him a suspect, but sources say the questioned him for six hours last night. Figueroa's family has been critical of the police, complaining they haven't been doing enough to find her since she went missing on July 18th. The police say this search is not in response to public pressure or any new information. UNIDENTIFIED MALE: We wanted to get one concerted search, at least, through the park. And we're going to try and split the park in half and go in different directions, using as much manpower as we possibly can, and see if we can come up with anything that will help us in our investigation.

(END VIDEOTAPE)

PHILLIPS: That report once again from David Henry of CNN affiliate WPVI. And we are expected to talk to a reporter on the scene, coming up in just a few minutes. We'll bring it to you live as soon as we get him on the phone.

And if your kids are heading back to school, stick around. Details ahead on how some states are giving you a break on shopping for supplies.

And Sibila Vargas with the latest Hollywood buzz -- Sibila.

SIBILA VARGAS, CNN ENTERTAINMENT CORRESPONDENT: Hey, Kyra. It's girl power over at the Gap. I'll have the details when LIVE FROM continues.

(COMMERCIAL BREAK)

PHILLIPS: More now from Philadelphia on the missing pregnant woman. We're being told that a $10 thousand reward is now being offered for her. We've been telling you about this story for a number of days since we've gotten word about the missing Latoyia Figueroa. Now from the scene via telephone KYW Newsradio Tony Hanson. Tony I understand you're there. Investigators, there, a specific area. Tell us exactly where you are and what police are looking for.

TONY HANSON, KYW NEWSRADIO: On the very edge of Philadelphia in Cobbs Creek Park. This is the last are in which the woman was seen. Not actually in the park, but on the edge of Cobbs Creek Park in Philadelphia. She left her boyfriends house, and at that point, as far as authorities know, she simply vanished, has not been seen since. That was last Monday. In the intervening days as the family reported the missing woman to police, police had spread out flyers with her photograph. They had searched the park earlier, but as time has gone on and the woman has not contacted her family she remains missing, they have returned to the park today with well over 100 police officers walking arm to arm literally beating the bushes at the edge of the park here going through the brush looking for any evidence that the woman may have been here or met foul play.

PHILLIPS: Now why this area, Tony? What led police here? Why are they searching this park?

HANSON: Just proximity to the last place that she was seen. She had left her boyfriend's house, which is just about a block from here along Cobbs Creek Parkway, which is right at the edge of the park. That's the last place she was seen. So because of the proximity and the park, police have come here, as I said, they searched it earlier, but now they have come back for a much more thorough search. Cadets from the academy, almost a hundred of them, as I said, are walking arm in arm using their batons to beat the bushes here looking for any clues. Now police have gathered quite a few materials, clothing and things like that, however, this is a very busy area. People visit this park all the time, have picnics, so it would not be unusual to find some of these items in the park, but authorities will take a closer look and see if they are linked to the 24-year-old missing woman.

PHILLIPS: Any suspects? What about the father of her unborn child?

HANSON: Police have indicated that they have been getting cooperation from the people involved, of course, they are looking at all of her personal relationships to see if there were any problems there. At this point they have not identified any suspects and, in fact, they say they're not even sure that the woman met with foul play. At this time she's still considered to be a missing person, again, last seen in this neighborhood vanished last Monday. Has not been heard from since. And police are saying they have developed some information, they're not being specific, but again, nothing that would indicate that the woman met foul play.

PHILLIPS: Well what have family members told you? I know you've talked to various members of her family. I understand she never missed her shifts at the restaurant where she worked. Friends also said she would never abandon her 7-year-old daughter.

HANSON: That's absolutely correct. They talked with her father, Melvin, just moments ago, and he told me he is still hopeful though he admitted that with the search in the park today he is preparing for the worst but hoping for the best. He says that this would be totally out of character for his daughter. As you said, did not miss a shift at her work was very caring of her 7-year-old daughter, and the fact that he has not heard from her now in ten days, of course, has him greatly concerned. Again, because of her nature and character, he says, this simply is something that she would not do.

PHILLIPS: And once again, a $10 thousand reward. Do you know who is offering up that money? Is it a number of people, organizations?

HANSON: That is being offered up by the Citizens Crime Commission. That is the organization through which these kinds of reward funds are generally funneled. And they are handling the reward. It's been put up by a citizen and it is expected to grow, if in fact this search is unfruitful, and this woman goes on missing.

PHILLIPS: Tony Hanson of KYW Newsradio, thank you so much for that report, and, of course, we'll continue to follow this story of the missing pregnant mother. Latoyia Figueroa as you heard from Tony there on the scene, police in a large number searching a park not far from where she was last seen. Also, friends and family coming forward saying this is someone who would never abandon her 7-year-old child. In addition she never missed a shift at the restaurant where she worked, so obviously it is extremely unusual that she has gone missing. Police investigating this, and we'll stay on the story. More right after this.

(COMMERCIAL BREAK)

SHANNON COOK, CNN CORRESPONDENT: Too early and too warm to think about reindeer and mistletoe. Not for good old Saint Nick? Log on to CNN.com for this offbeat stocking stuffer. One hundred Santas from around the globe convened in Copenhagen, Denmark, this week for the annual World Santa Claus Congress. On the three day agenda a chimney climbing contest, and drafting a proposal to hold Christmas twice a year to give Santa more time to deliver all his presents. But it wasn't all work and no play as this interactive gallery will show you where Santa took a dip in the sea.

And speaking of cooling off, the New York heat isn't a hoot for Orson, a 50-year-old nook eagle owl. He is settling up to a water hose in his (INAUDIBLE) gallery.

In Ashbourne, England, you could call it a victory. The video here shows competitors going toe to toe. They have to try to push their arch rival's foot onto a side rail. The winner he calls himself the toeminator. The secret to his success?

UNIDENTIFIED MALE: A lot of beer.

COOK: I'm sure. Scroll through other bizarre videos by clicking here. If it's wacky and wonderful it's on CNN.com/offbeat. From the dotcom newsdesk, I'm Shanon Cook.

(COMMERCIAL BREAK)

PHILLIPS: Well, in entertainment news, a former "Average Joe" reality show contestant sues NBC. And has "Desperate Housewives'" Eva Longoria lassoed one of the San Antonio Spurs top guns. CNN entertainment correspondent Sibila Vargas live in Los Angeles with all the details. Hi, Sibila.

VARGAS: Hey, Kyra.

Well, it looks like one of NBC's "Average Joes" is taking a not so average action against the Peacock Network. "Average Joe" contestant Alfred Laponzo who was on "Average Joe" is suing the network for allegedly stealing his idea. Laponzo says he and two other men created concepts, story lines and suggestions for the show which he says were used by NBC. The lawsuit seeks $40 million.

Now, we contacted NBC and it released this statement. "We believe the lawsuit is entirely without merit and expect to prevail in the litigation."

Well, she plays a diva with a lot of secrets on "Desperate Housewives," but actress Eva Longoria revealed a couple of real, live secrets to us. The petit beauty showed up to ABC's all-star bash last night with were her main squeeze, San Antonio Spur champ Tony Parker. There he is.

There have been some speculation that the two were dating. And the couple actually told us how they kept their relationship secret.

(BEGIN VIDEO CLIP)

EVA LONGORIA, ACTRESS: Because we're never in the same city. He's working and I'm working and our travels are -- when we see each other, we're either at home.

TONY PARKER, SAN ANTONIO SPURS: Salt Lake. San Antonio. There's no paparazzi in San Antonio. Salt Lake, she came all the way to Salt Lake. That's pretty amazing. Sacramento. She comes to little cities. There's no cameras over there.

LONGORIA: Yeah. There's no paparazzi where we go. We love it.

(END VIDEO CLIP)

VARGAS: So there you have it. You want privacy, move to San Antonio.

And finally Madonna did it, Sarah Jessica Parker got into it. Missy Elliott, (INAUDIBLE) and now singer Alanis Morissette is following in their footsteps.

Nope, it's not singing. The songstress is the latest celebrity to sign up with the Gap. Morissette will join Liz Fair, Joss Stone, John Legend and Destiny Child's Michelle Williams. All will be appearing in ads for the clothing giant. The TV spots and print ads will show the artist's favorite jeans and their music.

Now, you can catch Alanis doing her thing for Gap beginning late next month.

Now, would you ever do that? Would you pose for Gap, Kyra?

PHILLIPS: All right. Sibila. Thank you so much. And I apologize, the last comment you just made, I missed, because I was getting a little developing news in my ear. Forgive me. OK. All right.

Sibila Vargas there with entertainment.

We want to take you live to Ft. Worth, Texas right now. We're just getting these pictures in. I understand it's an explosion. If you guys have any information on where this is, location -- OK, a plant explosion in Ft. Worth, Texas. These pictures coming in from our affiliate WFAA.

I wish I could bring you more information, but I can tell you, we are monitoring the live pictures. We're working our affiliates to get you more information. I know it's some type of plant. Obviously just caught fire. Some type of explosion inside. We'll monitor it.

You can actually see -- I don't see any fire crews on the scene yet, but you can see the company's water system there atop the ladders pretty common in an area like that does have explosive-type activity, you know, machines, materials. So you can see it respond -- there you go. There you have got another rescue truck there actually in the front in addition to the systems on the edge. I do see one fire truck there working this explosion in Ft. Worth, Texas.

I'll bring you as much information. As soon as I get it, you'll know it.

All right. We're going to check in business now, straight tot he New York Stock Exchange. Susan Lisovicz. What do you have for us?

(MARKET REPORT)

PHILLIPS: All right. Thank you so much. And once again, we want to tell you we're monitoring an explosion out of Ft. Worth, Texas, that took place at a plant. More fire crews responding to the scene right now. These pictures coming to us from our other affiliate, KDFW. Not quite sure if it was evacuated, if there's anybody inside or any injuries, but we will continue to work this explosion in Ft. Worth, Texas, and bring you as much as we can.

Quick break. We'll be right back.

(COMMERCIAL BREAK)

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