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Distraught New Jersey Father Finds Missing Son; Baseball Star Jeff Reardon's Private Tragedy; Church Celebration Will Go on Despite Fire's Destruction

Aired December 29, 2005 - 14:00   ET

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

CAROL LIN, CNN ANCHOR: How could it have happened? A teenager reported missing, police in New Jersey find his wrecked car but not him. But five days later, his father does, and now his distraught family is demanding answers.
Giovanna Drpic with our New York affiliate WWOR has that story.

(BEGIN VIDEOTAPE)

GIOVANNA DRPIC, REPORTER, WWOR (voice over): This mother wails with grief, saying she can't bear to stay in America without her son.

LAWRITHA OJINNAKA, VICTIM'S MOTHER: I love him so much. America should look for my son for me.

DRPIC: Lawritha Ojinnaka is from Nigeria. She says police let her down by not looking hard enough for her 19-year-old son, Arinze. The family reported him messing to Irvington police last Wednesday after he didn't come home from his job at UPS at the Newark Liberty International Airport. Irvington police say they did search for him, but to no avail.

JONATHAN IHEROBIEM, VICTIM'S COUSIN: By our own effort, we found out that the car had an accident.

DRPIC: Coincidentally, Newark police found Arinze's car at the Clinton Avenue exit on 78 West the day he was reported missing. And according to the police report, the investigating officer at the Newark Police Department says the driver left the scene.

IHEROBIEM: The police did not check the environment, which they should have checked.

DRPIC: Sure enough, when Arinze's family searched themselves, they found his body. Arinze was right over the concrete wall and about 10 feet down in the ravine.

CLEMENT OJINNAKA, VICTIM'S FATHER: We did the work (ph) for police.

DRPIC: Now the family wants accountability. They want it know why police didn't search more aggressively for the college freshman who they knew wouldn't just disappear like that.

C. OJINNAKA: Go to school, come back home, go to work, come back home, help mommy.

L. OJINNAKA: They abandoned my son. He died. They neglected my son.

(END VIDEOTAPE)

LIN: Well, the young man's relatives say they believe he might be alive today if the police had shown a little more effort. An autopsy shows he died from injuries he suffered in the crash, but officials did not release the time of death.

Well, parts of California could begin the new year under water. The northern part of the state is bracing for more rain on top of the flood-producing storms that started Tuesday. The flooding may spread south.

CNN's Chad Myers has the story from the CNN weather center.

Chad, they've gotten a triple whammy out there.

CHAD MYERS, CNN METEOROLOGIST: A couple of them. And there are still three more on the way.

(WEATHER REPORT)

LIN: Well, people in parts of drought-stricken Texas are on alert again today for more wildfires. Four people died in the Texas fires. One died in Oklahoma. And more than 100 homes have been destroyed. About 90 of them in the Texas town of Cross Plains.

Lower winds and higher humidity have brought some relief, but officials say the threat is not over. Not with dangerous conditions expected to make a return by the weekend.

Now, authorities say most of the fires were caused by carelessness. And they're worried about people shooting fireworks New Year's Eve.

Among the many structures destroyed in Cross Plains, Texas, one will be missed especially. The town's Methodist church was to mark its anniversary Sunday, 120 years. Today, it's all but gone.

CNN's Miles O'Brien spoke with the church's pastor on "AMERICAN MORNING."

(BEGIN VIDEOTAPE)

MILES O'BRIEN, CNN ANCHOR: Just tell us how people are doing, first of all.

REV. JIM SENKEL, FIRST UNITED METHODIST CHURCH: Well, here at the church, we're looking at our structure and wondering about it, but the church itself is doing quite well. We are still going to go ahead and have a great celebration all year long, ending with October the 1st with our bishop from the Central Texas Conference being here with us, and the congregation is the church, and this is just a structure, and we already have many invitations at different structures to where we can worship until we get something rebuilt that will be as beautiful or more than this one was.

O'BRIEN: You say you already have invitations, so have you already made plans for an alternate site for this service on Sunday, which is an important way to kick of your year of celebration?

SENKEL: Oh, this Sunday it will definitely be right here where I'm standing. We are going to be in our parking lot, doing right here at this facility, and the following Sundays we will be looking at other places, but we're going to be right here, right where I'm standing this Sunday.

O'BRIEN: I imagine it's going to be such an emotional thing for people, because -- and as I'm talking here, we're looking at just kind of the shards of stained-glass windows broken and in some cases almost melted away there.

As you say, the church is about its congregation and not about its structure, but having said that, we as people tie our memories, whether it's baptisms or weddings to that place. It's got to be very hard for people.

SENKEL: There are many people that are going through memories and remembering the good times, and yes, some people are sad over the structure, including myself, because this was a beautiful church building. But it's just something that happens while we're here on this Earth. Since we've separated ourselves from Christ, when we sinned, we just have to put up with this type of stuff until the second coming of Christ.

O'BRIEN: Let me ask you this. You just moved to Cross Plains about six months ago. First of all, did you lose most everything in your house?

SENKEL: Everything that was in this house is totally gone, probably 90 percent of our clothes and new furnishings here, because the home that I did live in we kept it, because that's where I will go back to when I retire, there in Graham (ph), where I was born and raised.

O'BRIEN: But you're staying there for now. You're not leaving, are you?

SENKEL: I'm staying. I'm traveling back and forth to Graham right now, probably the rest of this week until we find somewhere for me...

O'BRIEN: But you're not leaving your position. You're staying with this congregation.

SENKEL: No, I'm going to be here in this congregation for a long time. It's a wonderful bunch of people, and we've got a lot of work to do and we're going to grow stronger working together.

O'BRIEN: We wish you well with the task at hand, Pastor Jim Senkel of the Cross Plains Texas First United Methodist Church, 120 years this Sunday. That will be some -- well, it will be an interesting celebration, won't it? Emotional, to say the least.

Thanks for being with us.

(END VIDEOTAPE)

LIN: Celebrating right there in the parking lot of the burnt-out church. That's the Christmas spirit.

Well, if the stock market let you down in 2005, or even if it didn't , you'll want to know where the smart money is going in 2006. We're going to find out from "Smart Money" itself, the magazine, that is, as LIVE FROM takes stock in the second hour.

(COMMERCIAL BREAK)

LIN: They picked him up in 2002, locked him away in a military brig, finally brought charges a month ago. But now the feds -- now that the feds want to take custody of alleged enemy combatant Jose Padilla and finally try him in a civilian court, the fight is on, and the highest court in the land will have to intervene.

Why the sudden attempt to switch from military prosecution to a federal court? Well, at stake, whether the justice department and the military had a good case to begin with that justified holding Padilla for nearly four years without a trial.

Now, amid all the uproar over warrantless government eavesdropping on certain phone calls and e-mails, the NSA is tossing its cookies. That's the National Security Agency, which apparently briefly violated the government's own directives on the cookies, essentially files it placed on computers that visited its Web site.

The files can be used to track the computer's Internet activity. The Associated Press reports the cookies weren't programmed to expire until 2035, breaking rules that mandate cookies disappear when visitors shut down their browsers.

The so-called persistent cookies were taken out when a privacy activist complained. Agency officials admit the mistake.

Now, the much bigger controversy surrounding the so-called data mining of communications between the U.S. and abroad without court permission is not going away. As LIVE FROM reported yesterday, a number of high-profile terror prosecutions may be challenged on the grounds of allegedly unconstitutional wiretaps.

The White House cites the Constitution as the source of its authority. The Constitution and the post-9/11 law authorizing force to fight al Qaeda.

So who's right? Well, we won't get the final answer, but we will get both perspectives from attorneys John Zwerling -- he's a criminal defense attorney -- and Andrew McBride, both of whom join me from Washington. Good afternoon, gentlemen.

JOHN ZWERLING, DEFENSE ATTORNEY: Good afternoon, Carol.

ANDREW MCBRIDE, ATTORNEY: Good afternoon.

LIN: John, you actually have a client, Seifullah Chapman, who's serving 65 years in federal prison on some terror charges. How are these allegations likely to affect that case?

ZWERLING: It can affect it in one of two ways -- well, one of three ways. Either not at all, or, if it turns out that there was an illegal wiretap that tainted the evidence that the government used in the prosecution, it could wind up with a reversal. Or, if he was overheard and my client has pled not guilty and has asserted his innocence, there may be evidence of his statements being made at the time of the events which would show that he had a clean and pure heart and not a criminal intent.

And that would be what is known as Brady material. And it should have been turned over, if it exists, prior to trial.

LIN: But you don't know. So, how are you going to go after this evidence? I mean, you're talking about national security agency wiretaps.

ZWERLING: Well, first, we're going to ask the government to affirm or deny whether or not those wiretaps intercepted our client or played a part in the investigation of our client and the case. I expect them to look into it and honestly apprise us of it. If they are unable to get the information from main justice or choose not to reveal, then we have to go to court.

LIN: Andrew, so what sort of legal challenges are these criminal defense attorneys like John facing in order to get that information from the government?

MCBRIDE: Well, Carol, I think, first of all, the president does have authority as the commander in chief to monitor certain communications. Not for criminal prosecution, but to prevent attacks against the United States. And so, all the way back to President Roosevelt ordering communications from Japan being monitored prior to the declaration of war, presidents have had this authority.

I think the issue here is whether or not material that was gathered for defense purposes was then used for criminal justice purposes. Now, in Mr. Chapman's case, Mr. Chapman was tried before Judge Brink (ph) and convicted. I don't believe a single wiretap was played at his trial.

So, the idea that there might be some connection between the NSA wiretapping and his conviction might be attenuated. But I do think as to legality, the president does have the right. The president does not have to fight the war on terror with mufflers on his ears.

LIN: All right. Well, but I'm not talking -- because that has been debated in the last several days. What I'm talking about is the -- is criminal defense attorneys writing letters to the Justice Department, filing appeals, trying to get answers from the government. They want to see what those wiretaps say about their clients.

MCBRIDE: And the procedure there, as John knows, is the SEPA, the SEPA Act. And you have to go through the procedure.

Whether or not the United States would reveal the existence of such taps, the president himself has said that the program was classified and that it was actually compromised by its revelation in "The New York Times." But Mr. Zwerling is correct that a criminal defendant has the right to any recorded statement that the United States has made of him.

So, you have the clashing of, I think, two very important principles: one, protecting the United States from another horrendous attack like 9/11, and on the other hand, the rights of a criminal defendant to be able to confront any recorded statements the government has made.

LIN: So, John, how would that likely, if you -- how likely is it, frankly, that the government is going to give you access to that wiretapping information? And then what are the rules, the guidance around you actually viewing it and calling information from it for your client?

ZWERLING: Well, the first thing is, they need to confirm or deny. And they've already gone on record confirming that they had it and used it in one case involving somebody who is alleged to have wanted to blow up the Brooklyn Bridge.

So they can't just say, well, in this case, it's OK to acknowledge the program and in this case, it's not. So that's number one.

Number two is that the rules are very simple that in order to get access to the information itself, the attorney has to get a certain type of security clearance, and the information is divided in a windowless room in the basement of a courthouse. And you can't take notes to bring out with you. And it's very restricted in what you can use it or how you can use it, but at least you know what it is.

And the court will be able to know what it is, and the prosecutor will know what it is. And it can be resolved. I mean, there are rules for this because it happens quite often.

LIN: So, Andrew, take a look at the scenario. I mean, you take a look at some of the domestic terrorism cases that have been prosecuted, the Lackawanna Six, the Portland Seven, Brandon Mayfield, the Portland attorney who it turns out was arrested by mistake in accusations that he was involved in the Madrid train bombing.

I mean, how many cases are we talking about where defense attorneys are going to be going after this information from the National Security Agency and the Bush administration? What kind of a problem is this going to be? MCBRIDE: Well, I think it will be a large problem in the sense that there will be a lot of litigation. I don't know how many cases would actually be overturned, because you would have to show that the information was used at trail or tainted the trial in a way that made a difference.

And also, many of these individuals have pled guilty. They may have waived their rights to challenge the evidence.

LIN: And is it a problem, also, if the information was not used directly as evidence in the trial but perhaps used to tip off an investigator?

MCBRIDE: It could be, and it's a doctrine that John knows well, the fruit of the poisonous tree. And the court must judge if there was an illegality, how attenuated is the evidence from the illegality. But I do not believe that the White House has said that this evidence was used in any trial.

Mr. Zwerling is right, I do believe they have said, particularly in the case of the Brooklyn Bridge bomber, that perhaps they identified the plot itself through these NSA intercepts. And that's -- one important point, I guess, is FISA and the FISA warrants are geared to one individual. But suppose when you're at war you want to listen to every communication from a mosque in Tora Bora.

LIN: Right.

MCBRIDE: There's no law right now that allows the president to do that, but it's my belief that in the name of national security, the president should be able to do that. And perhaps the Brooklyn Bridge is standing today because he did do it.

ZWERLING: That's a red herring, though, because the only complaint that you can make is if it involves an American person. So, what's going after a mosque in Bora Bora (sic) -- Tora Bora over to Islamabad is not...

MCBRIDE: But I'm talking to the United States, John. I'm talking about communications...

ZWERLING: With an American person.

MCBRIDE: With an American person.

ZWERLING: Then they can always mind (ph) it and go to FISA within 72 hours and get the warrant.

LIN: All right, gentlemen. We're going to have to leave it there.

John Zwerling, criminal defense attorney, keep us posted on your case, will you?

ZWERLING: I sure will.

LIN: Andrew McBride, really appreciate the time.

MCBRIDE: Thank you, Carol.

LIN: All right. Jeff Reardon's sudden slide. We are going to take a closer look at the private demons that could have driven a former baseball star over the edge this week when LIVE FROM continues.

(COMMERCIAL BREAK)

LIN: We are learning more about Major League Baseball's Jeff Reardon and the private tragedy that may have played a role in his very public breakdown this week.

Christopher King investigated for "PAULA ZAHN NOW."

(BEGIN VIDEOTAPE)

CHRISTOPHER KING, CNN CORRESPONDENT (voice-over): A quiet and focused bear of a man, Jeff Reardon was a force to be reckoned with. He spent 16 years as one of history's best relief pitchers, a Major League legend who made more than $11 million during his career.

Since 1994, Reardon had been enjoying retirement, living beside a golf course, and raising money for charities. And then a sequence of events shattered his life.

MAJOR ROBERT ARTOLE, PALM BEACH GARDEN, FLORIDA, POLICE DEPARTMENT: We took him into custody. Did not resist. Everything was no incident at all.

KING: Monday, Reardon, while out at a Palm Beach Garden mall, robbed a jewelry store of about $175. The motive, none -- the alleged reason, a cocktail of prescription drugs.

MITCHELL BEERS, ATTORNEY FOR JEFF REARDON: He went over to the police and told them: I'm on medications. I didn't know what I was doing. I believe I may have robbed somewhere, and was very upset and very concerned.

KING: Specifically, Reardon claims, that five different types of antidepressants, coupled with drugs for a recent angioplasty, led him to "flip out."

Dr. Charles Raison of Emory agrees that mixing medications could touch off such bizarre episodes.

DR. CHARLES RAISON, EMORY UNIVERSITY: It might be that he was on something that radically raised the dose of the antidepressant. I mean, something like that is a possibility. But we know, again, that in -- in -- in certain episodes, people will be on an antidepressant, and it will just seem to induce a manic episode.

KING: But those closest to the soft-spoken and once hard- throwing Reardon say chemicals may not have been the only thing at work here. Grief has overwhelmed Reardon's life since 2004. That's when his son Shane died from a drug overdose. BEERS: He really put a lot of time and effort and a lot of himself into helping his son Shane overcome some of Shane's problems. And the death of Shane was a total shock to him.

KING: A Web site with letters from friends and family tell the story of a man who continues to suffer the loss of his son.

November 26, 2005...

UNIDENTIFIED MALE: "Dear Shaner I, miss you more than ever. Can't stop thinking of you. Love you, dad."

KING: June 20, 2005...

UNIDENTIFIED MALE: "As time goes by, it seems to get harder without you. But we are trying our best."

KING: A dozen postings echo the same thought.

March 29, 2005...

UNIDENTIFIED MALE: "It was so hard going on the roller coaster without you next to us, knowing how much you love them. When we got to the top, I looked up and was reaching for you there in heaven."

KING: February 14, 2005...

UNIDENTIFIED MALE: "Things are still really tough without you, without us. We are all trying to cope with things the best we can."

KING: Coping, a way of life that seems to have broken down this past Monday. For now, Reardon is out on bail, charged with one count of armed robbery. His lawyer says they will fight the charges, laying the blame on a toxic mix of too many different chemicals, a mind- numbing mix and a man already beaten down by a life-numbing loss.

Christopher King, CNN.

(END VIDEOTAPE)

LIN: So sad.

Well, for some alcoholics cold turkey and counseling are simply not enough. Susan Lisovicz live from the New York Stock Exchange to tell us more about a new weapon in the war on addiction -- Susan.

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

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