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Tragic Mistaken Identity Case in Indiana; Plane Crashes In Long Island Sound; Mother Paints Hummer As Tribute To Son Who Was Killed In Iraq; Government Settles With Wen Ho Lee

Aired June 02, 2006 - 15:30   ET

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

CAROL LIN, CNN ANCHOR: Straight to the newsroom now. Fredricka Whitfield with more details of a developing story -- Fred.
FREDRICKA WHITFIELD, CNN ANCHOR: Well, Carol, emergency crews are responding to a plane crash in the Long Island Sound, just a half mile short of a runway in Groton-New London, the regional airport there. We believe it's a Lear 35. And it's a small plane that can hold about ten passengers and two crew members on board. But it's unclear exactly how many people may have been on board this plane.

But you're looking at the shot there of the Long Island Sound there in the Groton-New London area of Connecticut. And, of course, when we get any more information about what emergency crews are finding, as they're responding to this plane crash, we'll be able to bring that to you.

LIN: All right, thanks very much, Fred.

(BEGIN VIDEO CLIP)

DONALD RUMSFELD, SECRETARY OF DEFENSE: We know that 99.9 percent of our forces conduct themselves in an exemplary manner. And we also know that in conflicts, things that shouldn't happen do happen. In this instance, there's an investigation with respect to what took place and we'll soon know the answers. There's an investigation to -- with respect to what took place thereafter, and we'll soon know the answers. And my impression is that the Marine Corps is handling it well.

(END VIDEO CLIP)

LIN: Defense Secretary Donald Rumsfeld on the alleged unlawful killings in the Iraqi town of Haditha last November. Witnesses and survivors say 24 unarmed civilians were gunned down by rampaging marines, upset that a fellow marine had been killed in a bombing. Now the official military report of the incident paints a different picture. The Pentagon promises a full public report after its investigation is complete.

Now, the Haditha incident isn't the only allegation of troop misconduct. Another occurred in Ishaqi, Iraq. Several civilians died there in a U.S. raid in March. Iraqi police reports say 11. Well, the U.S. reports only four, including a suspected al Qaeda operative. Many other key details differ, as well. Now another incident happened in Hamandiya, west of Baghdad. An Iraqi man was shot dead by U.S. Marines who could be charged with murder. Investigators are also checking reports that they planted a weapon to make sure -- make it seem like the man was armed. We can't repeat often enough that these are only accusations at this point.

I spoke in the last hour with a former U.S. naval officer, a one- time JAG defense counsel who says the investigators have to consider the traumatic environment in Iraq.

(BEGIN VIDEO CLIP)

HARDY VIEUX, FORMER U.S. NAVY JAG OFFICER: It seems to me like the combat stress is something that needs to be factored to -- in this situation. These men and women are under a lot of pressure, under a lot of stress. They're continually attacked by insurgents, and just don't know who is friend or foe. So that really puts them on edge. And it really colors their perception of things.

(END VIDEO CLIP)

LIN: Much more on these investigations on "THE SITUATION ROOM" with Wolf Blitzer.

Now, for weeks, one family thought their loved one had died in a traffic accident, and another family thought their loved one had survived the same accident, but was in a coma. Well, weeks later, in a tragic twist, the roles were reversed.

CNN's Jonathan Freed updates the story of the two Indiana college students and the painful case of mistaken identity.

(BEGIN VIDEOTAPE)

JONATHAN FREED, CNN CORRESPONDENT (voice-over): Imagine discovering the child you thought died in a traffic accident, the child you thought you had buried, actually survived. That's what happened to the family of 18-year-old Whitney Cerak, when she woke from a coma, shocking everyone, because she wasn't who she was supposed to be.

RON MOWERY, GRANT COUNTY, INDIANA, CORONER: She was asked if she knew her name, which is standard procedure. She said, yes, she knew her name, and she spoke her name.

FREED: The name people were expecting to hear was Laura VanRyn, a 22-year-old who was in the same car wreck with Whitney in Indiana in April. It was Laura who was killed, along with three other students and an employee of Taylor University, northeast of Indianapolis.

So, Laura's family realized they had been sitting by Whitney's hospital bed for weeks. The coroner's office had mixed up their identities. So now imagine discovering the child you thought had survived a traffic accident had actually died. That's when happened to Laura's family after they'd been sitting by Whitney's hospital bed for weeks. Emotional whiplash hit both families. KEVIN EVANS, GRANT COUNTY, INDIANA, DEPUTY CORONER: One family had tragedy, and the other family had a sense of joy.

FREED: It's not clear why the mismatch happened, but in trying to explain it, the coroner pointed to what he called the uncanny resemblance between the women, including body type, hair color, and facial features. Even Laura's family agreed.

And on a family Web site, set up to chart what was believed to be Laura's progress in the hospital, the VanRyns say: "We will mourn Laura's going home and will greatly miss her compassionate heart and sweetness. We rejoice with the Ceraks that they will have more time on this Earth with their daughter."

The Grant County coroner apologized for the tragic mismatch.

MOWERY: The one thing that I am most -- regret the most is, it did happen on my watch.

FREED: A hospital spokesperson says cases of mistaken identity are so rare, it's not routine to check.

BRUCE ROSSMAN, SPECTRUM HOSPITAL: If there isn't any reason to doubt the medical record and the family that's along with the patient, then we don't -- we don't take any further action.

FREED: At Taylor University, where the grieving has started again, Whitney and Laura's fellow students say they hardly have any emotions left to deal with this, because they're already numb.

Jonathan Freed, CNN, Chicago.

(END VIDEOTAPE)

LIN: Well as Jonathan mentioned, the family of Whitney Cerak is using an online journal to provide updates on Whitney's health. It's the same online blog started by the VanRyns. Here's an excerpt from the latest blog posting, as read by a CNN staffer, and it describes the Cerak's family first visit with Whitney.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: We were told that Whitney was asking for us, and when we saw her, she was coherent enough to cry. So we all cried together. She immediately began to say, let's go home. We spent the day crying and praising God for the resurrection of Whitney. She began listing people she wanted to see, starting with our dad.

She blew us away with her detailed memory and ability to speak towards the end of the night, she spoke clear sentences. When our dad arrived, she grabbed his hand, my mom's hand and looked at Sandra and I and sighed like everything was finally right.

Whitney woke up to someone bringing in flowers to her. This triggered something. And she wanted to know who they were from? And then she wanted to have all of her family in the room. She began to cry and said, you think I'm dead. We spent a good part of the afternoon comforting her. As she began to realize that she was in an accident and we weren't with her for a while.

Her tears are a mixture of joy and the fear of not knowing what has been going on. She took a break from crying when her therapist brought her actual food. Today she ate her first meal. She had grilled cheese, applesauce and a milkshake. Within the next week, she should be done with her tube and just eating food. After she ate, she showed off her basketball skills and made three baskets in a row during physical therapy. She quickly slowed down and wanted to sleep again.

Not only is it still unbelievable that she is alive, but she has amazed us with her progress. Earlier today my dad said every time I look at Whitney, I think of the VanRyns. We are so blessed and overjoyed about Whitney, but our hearts and prayers are heavily on the VanRyns.

Posted by Carly Cerak.

(END AUDIO CLIP)

LIN: Well, according to the blog, a memorial service for Laura VanRyn is scheduled for this Sunday in Grand Rapids, Michigan.

Now, coming up, a look at a unique vehicle. That's a unique tribute. The dramatic story behind this unusual Hummer when LIVE FROM continues on CNN.

(COMMERCIAL BREAK)

LIN: All right. More news about that plane crash in Long Island -- Fred.

WHITFIELD:: That's right. As rescue crews have now responded to that plane crash just short of the runway there in Groton-New London, they have been able to pull three people out of the water in the Long Island Sound there and take them to nearby hospitals. Two other people are still reportedly missing and they continue their search there.

We also understand that that plane was leaving the Groton-New London area and then making its way to another part of Connecticut for a golf tournament for the weekend. We don't know any other information about the circumstances of why this plane went down, but the rescue effort is still underway.

LIN: All right. Thanks very much, Fred.

Also, coming into the CNN Center, we have just learned that if you recall the scientist at Los Alamos Nuclear Laboratory back in 1999, Wen Ho Lee, he was cleared of espionage charges and all other serious charges in that case, but he had been jailed for a period of time and apparently we're learning that there is some kind of a legal settlement in this case. He had brought a lawsuit against the Bush administration accusing them of -- accusing the administration of leaking damaging information about him to the press. So as soon as we get the nature of that settlement, we'll let you know.

In the meantime, almost 2,500 American troops have died in the war in Iraq. And across America, many different families are finding many different ways to keep their memories alive.

Nicole Doll of CNN affiliate KGW has the story of an Oregon mother who has taken her tribute on the road.

(BEGIN VIDEOTAPE)

KARLA COMFORT, MOTHER OF DEAD MARINE: These are the pictures of their Iraqi memorial.

NICOLE DOLL, KGW REPORTER (voice-over): A scrapbook of photos, military medals -- Karla Comfort keeps her son close however she can.

COMFORT: I hung on to the statistics. You know, there are so many people over there and what are the chances that it's going to be my son.

DOLL: But it was her son. 20-year-old Lance Corporal John Holmason was killed along with nine other marines ...

COMFORT: An underground bomb, an IED.

DOLL: ... in Fallujah in December, 2005. A casualty of war, Karla's son was taken. But now wherever she goes ...

COMFORT: I mean, I just feel like he's so special.

DOLL: John goes with her.

COMFORT: But this is the battlefield, with the two looking over his purple heart.

DOLL: Karl's Hummer is a moving tribute to her son and his fallen comrades. She got the idea when she saw a vehicle painted as a tribute to a Vietnam War veteran.

COMFORT: It started out just as a picture of my son on the window and the names of the 10 guys.

DOLL: She drove the Hummer all the way from Scappoose to Arkansas, where an airbrush artists got to work. She said he was so moved by the tribute, he asked ...

COMFORT: Do you mind if I have some freedom with this? The first time we saw it, it was just -- it was pretty amazing.

DOLL: Now from hood to bumper with every brush stroke, the vehicle speaks of the ultimate sacrifice.

COMFORT: People get very, very emotional when they look at the truck.

DOLL: They see a mother's love, patriotism, Karla's unique way of keeping her son's memory alive.

COMFORT: I know he would be very proud.

(END VIDEOTAPE)

LIN: That report from Nicole Doll of CNN affiliate KGW in Portland, Oregon. More LIVE FROM next.

(COMMERCIAL BREAK)

LIN: Back to the newsroom now with more on that plane crash over Long Island -- Fredricka.

WHITFIELD: Well, Carol, the rescue efforts are intensifying there in the Groton-New London area, where a plane went down -- a private plane went down there in the Long Island Sound. Three people have been pulled to safety and are being treated at nearby hospitals.

On the line with us from the U.S. Coast Guard is Tom Sperduto. Well, Tom, I understand you're still actively searching for two other people missing from that plane crash?

TOM SPERDUTO, U.S. COAST GUARD: That's correct. Coast Guard rescue helicopter and Coast Guard rescue crews are on the area, they're on the scene and they're searching the area where the crash occurred. It was a report that a Learjet crashed around 2:45 this afternoon.

WHITFIELD: And is it correct it crashed in the Long Island Sound there just about a half mile from the runway? That it took place just shortly after takeoff?

SPERDUTO: The information I received was that the crash occurred 200 to 300 yards offshore near the Groton Airport. And Coast Guard rescue crews were on the scene shortly after. There's also the Connecticut State Police, Avery Point Police Department, the Connecticut DEP and several other Marine units are on the scene searching as well.

WHITFIELD: What are some of the challenges ahead there for the crews there as they look for the two missing persons?

SPERDUTO: Well, there are -- this is what the Coast Guard does. This is what a lot of those other law enforcement agencies do. We search for people in the water. That's what they are doing now. They're actively searching and hope to find survivors.

WHITFIELD: Can you tell me anymore about how you were able to rescue the three? Were they, you know, afloat? Were they able to wave? Tell me any kind of details about that rescue.

SPERDUTO: Three people were pulled out of the water. They were taken directly to Lawrence Memorial Hospital. At this time we do not know their status. That is all the information I have.

WHITFIELD: All right, so the search continues though for the two missing people there from that plane crash there in Long Island Sound, near Groton-New London. Thank you so much, Tom Sperduto, of the U.S. Coast Guard -- Carol.

LIN: All right, thanks very much, Fred. We also have another developing story and happened to have our Justice Department correspondent Kelli Arena at the CNN Center.

Kelli, we have just heard the Wen Ho Lee, a former scientist at Los Alamos Laboratories, who was accused of spying for China, has had some kind of settlement, now. What do you know about this?

KELLI ARENA, CNN JUSTICE DEPARTMENT CORRESPONDENT: Well, you know, this case dates back to 1999. If you remember, he was accused of espionage and then later cleared, but his name was all over the press at the time.

Today it was announced that he has reach a settlement with the government. He gets $895,000. That's not for his personal use. It would be for him to pay off all the legal fees that he has incurred over the past seven years. And then there was a separate action that he had taken. He had sued five reporters who, at the time, had identified him as a suspect, as someone being investigated.

LIN: Using government sourcing.

ARENA: Right, using government sourcing. And, those reporters had refused to reveal who their sources were. So Lee was suing them and that was making its way up through the judicial process, had, you know, gone to the Supreme Court. That has also been settled and Lee will be setting $750,000 from that lawsuit. It was also for legal fees and other costs incurred.

So, this seven-year saga now is finally over but, the question of reporter sourcing and whether or not reporters can refuse to reveal their sources, still sort of hanging out there as a legal issue.

But as far as the first part of this lawsuit where Lee said, look, you invaded my privacy, my name was out there. I was never convicted of this; my reputation has been tarnished. That is over. He gets $895,000 to deal with that and it's over.

LIN: But, part of the settlement is that the government doesn't admit any fault. So what does Lee really gain? He gets his attorney's fees paid.

ARENA: Well, he gets his attorney's fees. And I think, he, in a sense, gets his reputation back. I mean, I think he can say look I reached a settlement. I was never charged with anything. There's no cloud of suspicion over me. The government would have never settled with me if there was something out there that was still hanging over that they thought I had done something wrong.

So, here I am. You can go to a prospective employer, you can go to your community, and say look here it is. This will get in the papers. It will get press. And he gets his reputation back.

LIN: How do you deal with that? You work at Justice. You use sources, sometimes anonymous sources. How do you balance that with the need for somebody's privacy if the government officials name somebody, how do you know whether to go with it and how to treat the story?

ARENA: Well, I mean, the thing is does the government actually name a person and many times what happens is that you find out that someone is being investigated, but there hasn't actually been a public announcement made to that effect.

And, so you have to weigh what the evidence is and have there been any search warrants conducted. You know, how far has that investigation gone? Is there somebody that's black balling someone or they're just trying to float a name out there to look like they are doing something? Or, is there something real to this?

And those are decisions that are balanced every single day. And there's no formula that fits every single case. You need that perspective, and you need to be responsible. Because people's reputations are very important.

LIN: Absolutely. Kelli, thank you very much. Lucky that we had you right in the building today. Appreciate it.

ARENA: You're welcome.

LIN: All right, LIVE FROM will be right back.

(COMMERCIAL BREAK)

LIN: Back to Fredricka Whitfield with more news about this plane crash in Long Island.

WHITFIELD: Well, right now we understand that at least three people are being transported to an area hospital after the U.S. Coast Guard reported just moments ago that three people have been pulled from the Long Island Sound.

They are still actively searching for two other people. It appears as though this Lear 35, this private jet, had just taken off from the Groton-New London Airport, and just about 200 meters away from that runway that plane went down into the Long Island Sound.

We understand from wire copy earlier that that plane was on its way to a golf tournament in another part of the state. But, the search continues now for at least two people.

It is a plane that can hold ten passengers and two crew members on board. But, right now the only numbers we are being given are the three that have been pulled and rescued and two others that they are now searching for.

LIN: All right, thanks very much, Fredricka.

It's time now for the "Closing Bell." Ali Velshi watching all the action on Wall Street for us.

(MARKET REPORT)

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