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Confession Thrown Out in Jessica Lunsford Case; Northeast Cleans Up; President Bush and Japanese Prime Minister Visit Graceland; Space Shuttle Columbia Ready For Launch; Man Cut in Half by Train Saves Own Life By Calling 911

Aired June 30, 2006 - 15:00   ET

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


KYRA PHILLIPS, CNN ANCHOR: It's the top of the hour. Nine-year- old Jessica Lunsford was kidnapped, raped, and buried alive. Her alleged attacker confessed, but John Couey's words won't be used against him.
Reporter John Petramala of Bay News 9 joins me now once -- once again from Inverness, Florida, with more on today's explosive ruling.

Tell us more, John.

JOHN PETRAMALA, BAY NEWS 9 REPORTER: Well, Judge Richard Howard heard arguments for nine-and-a-half-hours last Friday on this one motion, whether to suppress John Couey's confession.

Well, he made his decision a week later, at this morning's hearing.

(BEGIN VIDEOTAPE)

PETRAMALA (voice-over): John Couey walked into the courtroom. He sat down to face whether or not his own words would be used against him. The world has heard his confession to murdering 9-year-old Jessica Lunsford. But the judge ruled his jury will not, because Citrus County Sheriff's detectives violated Couey's rights by not giving him an attorney after he repeatedly asked for one.

UNIDENTIFIED MALE: Their years of combined experience, coupled with the advance training they have in police interview techniques, simply forgot. This then leads to the inescapable conclusion that they chose to ignore his unequivocal, unqualified and otherwise unlimited invocation of his rights.

PETRAMALA: But the judge ruled, evidence found after the confession will still be allowed in the trial, a decision which gives Sheriff Jeff Dawsy and the victim's father confidence in the trial's outcome.

JEFFREY DAWSY, CITRUS COUNTY, FLORIDA, SHERIFF: But I have always told you that we have built this case on the rock-solid part of evidence. Evidence doesn't lie. I have got enough evidence to put John Couey to death. And that's our next phase.

MARK LUNSFORD, FATHER OF JESSICA LUNSFORD: I don't care. They got nothing -- they -- got what they need. They got everything they need. And the prosecutors are -- are confident. And so am I.

(END VIDEOTAPE)

PETRAMALA: The prosecutors are confident. They plan on not appealing this decision.

And up next is the trial of John Couey, which begins on July 10, with -- which -- would be jury selection. And that's in Lake County, not in Citrus County. And that's on July 10.

All right, John Petramala, thanks so much.

So, how did this happen and who screwed up? I am going to ask former prosecutor Nancy Grace of CNN Headline News and law enforcement expert Mike Brooks. They are going to join me later this hour.

Let's get back to Fredricka Whitfield with an update on a developing story out of Tennessee -- Fred.

FREDRICKA WHITFIELD, CNN CORRESPONDENT: Well, Kyra, she just snapped -- that's what Mary Winkler said in a statement about why she shot and killed her pastor husband. Today, in a bond hearing, Tennessee Bureau of Investigations Agent Brian Booth read Winkler's statement.

(BEGIN VIDEO CLIP)

AGENT BRIAN BOOTH, TENNESSEE BUREAU OF INVESTIGATION: "Matthew started ranting about problems he was having and personal feelings about some things about church administration.

"And I didn't know what set him off. I was just listening to him. He calmed down. We started the movie, and I fell asleep. He woke me up. We went to bed some time probably late.

"I do not know of anything he specifically said or did to me to upset me, but I had an uneasiness about him. I remember not sleeping well. The next morning, the alarm went off around 6:00, 6:30, and I got up. He was still in bed. I don't think I left the room.

"He had a shotgun kept in the closet and case. I don't remember going to the closet or getting the shotgun -- or getting the gun. The next thing I remember was hearing a loud boom. I remember thinking that it wasn't as loud as I thought it would be.

"I heard the boom, and he rolled out of the bed onto the floor. And I saw some blood on the floor and some bleeding around his mouth. I went over and wiped his mouth off with sheets. I told him I was sorry and that I loved him. And I went and ran.

(END VIDEO CLIP)

WHITFIELD: Hearing this in the courtroom firsthand, WMC's reporter George Brown.

He joins us now. And, George, how did this statement impact the bond set? Or was a bond set?

GEORGE BROWN, WMC REPORTER: A bond has not been set.

In fact, the judge decided that he will not rule on this until next week.

Kyra, I can tell you that this is the first time that we have actually heard anything about this confession or statement. We had heard it was possible, but this is the first time we actually have heard words from it.

And, as you heard, it was very chilling, Winkler saying she basically didn't remember getting a gun, but then it was in her hands and it went off, and then her husband was dead. But what was interesting was that it appears they were having financial problems. And prosecutors are saying that she may have been taken in by a -- what's called a Nigerian oil scheme, where the -- they ask you to send money in to get more money back, and that her husband had found out about that. And that may have been causing some problems in their marriage.

WHITFIELD: But, apparently, in just transcript of the statement that we got earlier, not only were there possible financial problems that she spoke of, but that she felt like her pastor husband had been criticizing her a lot lately, and that she got tired of it, and she just snapped. Any more on that?

BROWN: Yes. We -- and we had heard that. You know, we had heard that there was no physical abuse in the marriage, but possibly mental abuse. And I actually spoke with somebody who goes to the church.

She said, the last sermons there had been very strange, sort of judgmental, and that -- that people in the church knew that Mary Winkler felt that she wasn't being treated correctly by her husband and that perhaps he was maybe putting too much power over her, making too much criticism of her, but that she tried her best to go along with it, and -- and be the perfect wife, be the perfect minister's wife, and that that pressure just built up and built up, and, then, for whatever reason, maybe -- maybe combined with that financial problem, that she snapped, as she said in her statement.

WHITFIELD: And, George, meantime, these two were parents. How are the children? Where are they?

BROWN: The children are with their paternal grandparents. And they are actually living outside of Nashville right now, about 45 minutes from where I am right now.

Mary Winkler had not seen her children. They are ages 8, 6, and 1. They are all girls. She had not seen them since she was arrested in March. But they were brought to her as a surprise this past Sunday. So, she did actually finally get to speak with them. And we are told that they were very happy to see her, and that, of course, she was very happy to see those children.

And, in that statement, you may have heard, she said that she actually confessed to the children, according to police, that she had shot their father, but, instead, had told them that he was in the hospital at that moment.

WHITFIELD: WMC's George Brown, thanks so much.

Mary Winkler, 32 years old, she has been jailed without bond since March 23, after being arrested for the shooting death of her husband.

But, as you heard, Kyra, the bond will not be set until next week, according to the judge.

PHILLIPS: All right. We will stay on top of that story. Thank you so much.

And, Fred, as you were reporting on that, I was getting word now that Israeli TV is reporting that a doctor has seen this corporal, Gilad Shalit, with the Israeli Defense Force. As you know, he has been missing, reports of his kidnapping. We have been talking about the Israeli tanks and the Israeli troops massing on the borders of northern Gaza, six days of hostilities, sparked by the kidnapping of this Israeli soldier.

And it has only been complicated by the killing of a teenage settler -- both attacks blamed on Hamas militants. For its part, Israel is still holding dozens of Hamas lawmakers, Cabinet ministers and other officials that it rounded up yesterday.

Now we are getting word, through Israeli TV, that a doctor has gone in and actually seen this soldier, Gilad Shalit, and reporting that he's still alive and that he's being treated for injuries -- of course, this coming through Israeli TV. We are trying to work our sources to see if we can confirm this and what these reports are saying. We will keep you updated as we get more information in on the fate of this young corporal.

Well, civilians killed in Iraq and a family of four in their own home -- there are allegations today that American troops had something or everything to do with it. It's the latest of several wrongful- death probes.

Straight to Washington now and our senior Pentagon correspondent Jamie McIntyre.

Jamie, what are you learning?

JAMIE MCINTYRE, CNN SENIOR PENTAGON CORRESPONDENT: Well, Kyra, just to be clear, this is a case that's under investigation. No one has been charged, although we are told that one soldier is essentially being held in custody at a forward base at Mahmudiyah in Iraq, where this incident allegedly happened back in March.

What happened was, U.S. military were -- were talking to other soldiers from the unit as a result of some stress debriefings. And two different soldiers mentioned that they had heard about an incident in which it's alleged that some U.S. soldiers raped a woman, and then killed her and her family members, including a young child, four -- three adults and a young child.

And those allegations, even though they were secondhand, were enough to spark an investigation. The Army, at this point, is looking into the allegation. They haven't given us an exact date for when the alleged murders took place.

They also say that one of the soldiers who is the focus of the investigation has since left the Army and apparently returned to the United States. They are looking for him. He may be called back to active duty in order to answer questions in this investigation -- but, again, no charges at this point, but very disturbing allegations from a couple of soldiers that have sparked this latest investigation into alleged killing of civilians by U.S. soldiers in Iraq -- Kyra.

PHILLIPS: Jamie McIntyre, thank you.

Straight ahead -- taking stock in the flood zone.

(BEGIN VIDEO CLIP)

STACEY GOULD, FLOOD VICTIM: It's just really too much to bear to think I might, you know, at one time, lose my home. And, then, if we can't financially recover from this, you know, with a business, it just seemed like -- it just seemed too much to take on both ends.

(END VIDEO CLIP)

PHILLIPS: As floodwaters are going down, the rebuilding is just beginning.

Stay with CNN, the most trusted name in news.

(COMMERCIAL BREAK)

PHILLIPS: Let's get straight to Fredricka Whitfield -- another developing story taking place -- Fred.

WHITFIELD: Well, recall, just within the past couple of hours, there have been two separate helicopter crashes, one in Chicago and one near Cedar Rapids, Iowa.

Kathleen Koch has been working this story from Washington and has more information on both of those -- Kathleen.

KATHLEEN KOCH, CNN CORRESPONDENT: Fredricka, I just got off the phone with the FAA spokesperson, Laura Brown.

First, let's talk about the crash in Chicago. It occurred earlier today. And that was a fire department helicopter with the city of Chicago. In that case, two people on the beach were badly injured when this helicopter crashed on Lakeshore Beach Drive. Two to four people were on board. They were taken to the hospital. Unclear what their condition is right now. And, as you can see, that hospital -- that helicopter appears to be inverted. That's what the FAA said occurred in that case. We don't know the cause of that one yet.

The second case occurred just over an hour ago in Walford, Iowa. That's near Cedar Rapids, Iowa, just southwest of it. And -- and, in that case, one person did die. Two people have been taken to the hospital in critical condition.

That helicopter was flown by Ri Tel helicopter service. And they were ferrying a movie crew with the film "The Final Season." They are shooting a movie right now in the Cedar Rapids, Iowa, area about a -- a man. It stars a -- the actor Sean Astin, who disrupts his life to become coach of a -- of a baseball team there and tries to lead them to victory.

We don't know, again, what people with the movie company were on that aircraft, the helicopter, when it went down. But the FAA says that preliminary information right now shows that it struck a wire of some sort, perhaps a power line -- Fredricka.

WHITFIELD: All right, thanks so much for that update, Kathleen.

KOCH: You bet.

WHITFIELD: Kyra.

PHILLIPS: Thanks, Fred.

Well, in Memphis, lighthearted homage to one king gives way to a somber tribute to another. After leaving Graceland just a short time ago, the motorcade carrying President Bush and Japanese Prime Minister Koizumi, well, it made an unscheduled stop at a place that used to be known as the Lorraine Motel. Now it's the National Civil Rights Museum, dedicated to the memory of Dr. Martin Luther King Jr., who, as you may remember, was assassinated right there on that ledge on April 4, 1968.

Well, can you take the word of a convicted sex offender who admits he has kidnapped, raped and murdered a 9-year-old girl? Prosecutors in Florida can't. It's not that they don't believe John Couey's confession. A judge put the confession off-limits because police ignored Couey's repeated requests for a lawyer.

Joining me to think this out now, Nancy Grace of CNN Headline News and law enforcement veteran Mike Brooks.

Nancy Grace, who screwed up?

NANCY GRACE, HOST, "NANCY GRACE": Well, taking a cold, hard look at it, I think the detectives that took the initial confession by John Evander Couey screwed up in biblical proportions.

PHILLIPS: And, Nancy, you listen to this testimony. You listen to what's on tape. And here's what Couey said: "I went out there and dug a hole, put her in it, buried her alive. I buried her, put her inside a plastic baggy."

The police said, "Was she dead already?"

Couey said: "No, she was alive. I buried her alive. No, she was still alive. I buried her alive. Like I said, she suffered."

Police say: "Hang on. Hang on. You had her in your room, your closet for three days?"

Couey says, "Yes."

Police say: "You were feeding her? What were you feeding her?"

Couey says: "Eggs, grits, whatever I ate, hamburgers."

"Did anything else know she was in there," police ask?

Couey said, "No, not to my knowledge."

It goes on and on and on, to how he got rid of her, that he buried her alive.

I mean, Nancy, just to think that this could get thrown out of court, I mean, is -- is crazy.

GRACE: Well, when I first heard about the defense motion, I thought it was a pro forma motion. It's always a filing by the defense, where they try to get all the state's evidence thrown out.

But then, once I learned what had happened, I realized that the judge was correct. There's no way, under our Constitution, when a defendant, a suspect asks for a lawyer, and that request is ignored, and a further concession is given, none of that can come into evidence.

Now, here was what I was really concerned about. I was very concerned that, once he gave the confession and told them where the body was, that then it's called the doctrine of the fruit of the poisonous tree. Once you get a -- an illegal confession, any evidence seized therefrom is also illegal.

I will tell you what saved the prosecution, another legal theory called inevitable discovery. Police also saw a shovel with disturbed dirt. Tracker dogs, cadaver dogs were in the area. It was inevitable that Jessie Lunsford's body would ultimately be discovered. That doctrine saved their necks.

Without her body and the forensic evidence they gained, they would not have a case, and this case would go without justice.

PHILLIPS: Mike, as a former cop, I mean, wow. This was a -- a big mistake on behalf of police. And, like Nancy said, you know, at least there's the body there, that -- that's enough to convict.

MIKE BROOKS, CNN LAW ENFORCEMENT ANALYST: Exactly. I -- what -- I think what happened was, I think they got so caught up into trying to find out whether or not she was still alive, because, at this point, they thought that she was still alive. And, you know, at what point did they really think that he wanted an attorney? You know, it's one of these things.

They were talking to him about a polygraph test. And they asked him. They said, would you take a lie detector test for us?

And Couey said, I guess. I want a lawyer.

And, you know, did that mean he wanted a lawyer for the polygraph test or did he want a lawyer right then?

But then he goes on and says, I'm just asking. I'm just asking, would you -- I'm saying, what would you say?

And Couey said, I would say I want to talk to a lawyer. I want a lawyer here present.

So, if I was the cop, you know, if I was the investigator, I would kind of just sit back, now, do you want a lawyer present here right now while we are talking to you, or you want one there for -- for the polygraph?

They didn't make that clear. And I think that's where they really screwed up.

PHILLIPS: Nancy, and you heard that, the fact that he constantly was asking for a lawyer. Have you seen cases like this before, where interrogators have not followed up on that, and the case has -- has just gone down the tubes, and -- and guilty people have walked free?

GRACE: Absolutely.

And I have seen cases dropped because of it. This is police 101. Every police officer knows this. Before you become a detective, you are very well-versed in constitutional rights.

Long story short, I was hoping another legal doctrine may save the day. And that is, once someone demands a lawyer and won't speak, they voluntarily -- they re-strike up the conversation with police. That's not what happened here.

He asked over and over and over.

And, listen, I don't want to see a killer walk free, but I also don't want to murder the Constitution over this case. But I don't think it's going to come to that.

I mean, before we get carried away on the lack of confession of this -- this -- clearly, a registered sex offender, a long dope history, let's take a look at what we have got. We have Jessica's blood on the mattress found in the home.

We have her body. We are likely to find his DNA linking him to the murder. We will likely have testimony from other people in the home. And, believe me, this guy can't keep his mouth shut. I am sure he has spoken to other people once he has been arrested. I think the state is safe.

PHILLIPS: What do the police learn from this, Mike?

BROOKS: Well, you know, just like Nancy said, it is 101.

When you go -- when you become a detective, when you go through interview -- interview and interrogation school, that's the whole thing. I mean, they -- they weren't getting to an accusatory line of questioning, where they actually would stop and Mirandize him, which they later did, after he gave the confession.

But -- but they should have stopped right then and there and said, OK, you know, that's what we call, you know, he lawyered up. He did lawyer up when he asked for an attorney. And he said, I want a lawyer present.

And they should have brought one in. But Sheriff Dawsy says that they have, still have a rock-solid case. And I think that they -- with all the evidence they do have -- they did get a consent search. They did find all the DNA evidence of her on his mattress in his trailer. I think they have enough to go ahead with a -- with a really good, solid case.

PHILLIPS: Nancy, what are you going -- actually, you are not having your show tonight, are you, Nancy? You are on vacation. You did this just for us.

GRACE: Hey, hey, hey, hey.

(LAUGHTER)

GRACE: I don't know who told you that word about vacation.

(LAUGHTER)

GRACE: But there is no rest for the wicked.

I am working. And, yes, we will have a show tonight. We are looking for missing people tonight.

But I agree with the officer on this case. I think the state has a very strong case. It's just a crying shame that Couey's own words will not come into evidence.

Another thing, I hope that the state is not seeking to enter in any of his priors as similar transactions. You know he was a prior sex offender. I think that is best kept for the penalty phase.

And, as to these two police officers, I have got some career advice: Go flip burgers.

(LAUGHTER)

PHILLIPS: I might need to go flip burgers if I keep getting my intel wrong about when you are on and off the air.

"NANCY GRACE" -- don't miss her show tonight.

Nancy, thanks for calling in.

GRACE: Hey, hey, hey, 8:00 sharp, Eastern, repeat at 10:00.

(LAUGHTER)

PHILLIPS: Eight o'clock Eastern, "NANCY GRACE," Headline News, don't miss it, or she will have my neck.

Thanks, Nancy.

GRACE: Bye, friend.

(LAUGHTER)

PHILLIPS: All right.

Mike Brooks, thank you so much.

BROOKS: Thank you.

PHILLIPS: Appreciate it.

BROOKS: Any time.

Well, after the flood, there is work to do. The Northeast cleans up. Ahead on CNN, we will be talking about it.

(COMMERCIAL BREAK)

(MUSIC)

PHILLIPS: Well, when in Rome, you do as the Romans, right?

So, when the venue is Memphis, you be ready to chow down on some barbecue. The president takes his buddy to lunch. Join us for a second helping when LIVE FROM returns.

(MUSIC)

PHILLIPS: Yes, well, President Bush and Prime Minister Koizumi have been touring Graceland. We start obsessing on Elvis ourselves today.

The King was famous for his gyrating hips, but he also had some pretty dreamy eyes. What color were those eyes? Were they blue, green, hazel?

The answer, plus a snapshot of how just wild the female fans went when Elvis hit it stage flashing those eyes -- just ahead on LIVE FROM.

(COMMERCIAL BREAK) PHILLIPS: So, did you know the answer? What color were Elvis' eyes? The King had those wonderful baby blues. And when you combine his good looks with those gyrating hips, well, here's what happened.

The girls get all shook up. Where's the picture, guys? Where's the picture? It's coming. It's coming -- 1957 at a concert in Philadelphia. That's right. A teenager could not hold back. Her friends seem a little more amazed at her than the King, actually.

Well, a private tour of Graceland, a big old platter of ribs. If Koizumi doesn't feel like a king today, well, he never will. Japan's prime minister and lifelong Elvis fan got the ultimate Presley experience, meeting Priscilla, and flesh of Presley's flesh, Lisa Marie -- the trip a special gift from Koizumi's Oval Office pal, President George Bush.

The two have a friendship that goes way beyond diplomatic relations. So, of course, they broke bread together at a Memphis landmark.

We have got Nick Vergos on the phone to dish about the Rendezvous.

Nick, how did it go?

NICK VERGOS, RESTAURANT OWNER: Kyra, I just couldn't begin to tell you how wonderful it was and how warm the president and the prime minister and Laura Bush were. They absolutely enjoyed every second of their visit to the Rendezvous.

PHILLIPS: Well, tell us about the menu, Nick. What did you make them?

VERGOS: Well, we -- we started -- we started off with appetizers of barbecue nachos and cheese, the world-famous Rendezvous cheese and sausage plate. And then their dinner was -- consisted of ribs, chicken and chowder.

PHILLIPS: So...

VERGOS: And we had apple cobbler (INAUDIBLE) ice cream afterwards.

That's the -- that was -- the White House asked us to do two things, one of which we would have done any -- we would have asked to have happen anyway. And that was to close for lunch while the president was there.

The second thing that they asked for, which we never do, and have -- I think the president was the first one we have ever served dessert to.

(LAUGHTER)

VERGOS: It was just a great day. I don't know what else to tell you. (CROSSTALK)

PHILLIPS: Well, give -- well, give us some scoop. Give us some scoop.

(CROSSTALK)

PHILLIPS: Did the president say something that he liked? Did the prime minister say there was something that he liked? I mean, give us the inside -- you know, be the -- the -- the bird -- or, what is it, the fly on the wall for us.

VERGOS: Well, the prime minister went up and sang an Elvis song with this great rockabilly band, The Dempseys, who are actually in the Johnny Cash movie.

PHILLIPS: Wow.

VERGOS: And the president stood up there with him, did not sing.

The president was -- just went around and shook everybody's hands, had more pictures probably than -- than he normally would. He was just in a great mood and having a great time. And, obviously, got there 20 minutes early and stayed the -- and left the time he was actually supposed to leave. So, he stayed for over an hour.

PHILLIPS: So, Nick, the -- when you got the call that the president and the prime minister were coming to your restaurant, how did you react? Did you believe it? What did you tell them? Have you been stressing out ever since?

VERGOS: Not stressing out.

The people -- the staff that works with the president and really plans his schedules couldn't have been any more cooperative.

And we just actually just kind of hit it off. We -- the first time we met was a week ago of -- last week, Friday of last week about the time the president arrived at the Rendezvous. And we just hit it off really, really well. And there was just never anything that we (AUDIO GAP) accomplish and couldn't get done.

It was -- it was remarkable. The -- the founder of Holiday Inn, whose name is Kemmons Wilson, he has a son here, Kem Jr. And Kem called me on June the 6th. His -- his daughter works for Vice President Cheney. Her best friend works in the White House office. They were (AUDIO GAP) to Memphis and wanted to know if they could eat at the Rendezvous.

(CROSSTALK)

PHILLIPS: Well, now, Nick, did Elvis eat at the Rendezvous on -- on a regular basis?

VERGOS: Elvis -- Elvis never ate at the Rendezvous.

PHILLIPS: Oh.

VERGOS: But he -- but Harry Caray tells a story. And I believe it to be true, because I know that Elvis liked Rendezvous ribs, because he -- people would take them to him all -- Harry Caray tells a story, the announcer for the Cardinals and then the Cubs.

When he was at Saint Louis -- Elvis loved baseball. Here -- Elvis would send Lisa Marie to Saint Louis, get Harry Caray on the jet, bring him back to Memphis. The limo driver would take him to the Rendezvous. They would go down and get ribs to go. They would take him out to Graceland.

(LAUGHTER)

VERGOS: And they would talk until the ribs ran out.

(LAUGHTER)

VERGOS: And then he would send Harry Caray back to -- back to Saint Louis.

(LAUGHTER)

PHILLIPS: So, did the president and the prime minister talk until the ribs ran out?

VERGOS: They talked about until the ribs ran out.

(LAUGHTER)

VERGOS: There may have been a piece of rib here or there.

(LAUGHTER)

VERGOS: They basically cleaned their whole plate. The -- the president loved our barbecue hot sauce. I think he drank the hot sauce.

(LAUGHTER)

VERGOS: So, it just couldn't have gone any better.

PHILLIPS: Well, you know I have to ask. Did the president leave a good tip?

VERGOS: The president -- the -- well, the president certainly doesn't have to leave a tip, and -- and -- but they are certainly going to pay.

The president's presence there was just so remarkable. I mean, I am just -- I was standing way off to the side with one of my daughters. And the president kind of looked over and caught her eye, and -- and asked her over to the table. And the picture-taking basically was over while they were eating, and the president winked at her, invited her over, put his arm around her while she was sitting at the table, insisted that the photographer come over and take it. He must have spent five minutes with her.

Then he got my other daughter and took a picture with my son, Nicholas, who was actually his busboy and took a picture with Nicholas in the middle with the prime minister and the president on each side of him.

He took a picture with all the cooks, with all the -- just everybody that was there. It was just a remarkable day. It couldn't have gone any better. I guess you can tell how excited I am.

PHILLIPS: I can tell. No doubt, that's just the time of your life and especially for your kids, but don't sell yourself short. The president and the prime minister of Japan got is those Rendezvous ribs.

(CROSSTALK)

PHILLIPS: I hope I get a chance to try them some day. That's right. OK, Nick.

VERGOS: You just let me know next time you can come.

PHILLIPS: That's a deal.

VERGOS: Have a great holiday weekend, OK?

PHILLIPS: Happy fourth, Nick.

VERGOS: Thanks.

PHILLIPS: All right. Well the long Fourth of July weekend is almost here, but that could cause some big headaches for travelers and airline workers. Susan Lisovicz, live from the New York Stock Exchange with that story.

Now, Susan, before we get to the air travel, I know you have been to The Rendezvous, have you had those ribs?

SUSAN LISOVICZ, CNN CORRESPONDENT: I have and you know what? I was really curious, Kyra, because we have these great pictures of the president and prime minister walking in, real nice and polite and clean. I would like to see them digging into those ribs, because it's not the ...

PHILLIPS: With a big, old bib around their necks?

LISOVICZ: Yes.

PHILLIPS: Yes, exactly. Did, you know, he wipe his hand on his shirt? And did you put your business card up on the wall like everyone else did?

LISOVICZ: I certainly did. And, you know, I'm curious, Kyra. I didn't hear it in the interview. I think that a gentleman can't wear a tie there, and I noticed that the president and the prime minister are not wearing ties. Now, maybe it's a casual Friday. I don't know. PHILLIPS: No, that's a good point. They usually cut it off, don't they? And do they stick it up on the wall still?

LISOVICZ: Yes, I mean, that's one of the many great legends of going to The Rendezvous. It's also in the basement, as I recall.

PHILLIPS: Very good memory. All right. Hopefully that will be another one of our trips that we make on our girls' trip.

LISOVICZ: Exactly. It's going to be a cross-country trip, Kyra.

PHILLIPS: Tell us what's happening now about air travel.

PHILLIPS: Yes, exactly.

LISOVICZ: OK, so let's talk about the holiday that is forthcoming. This Fourth of July holiday expected to be the busiest travel weekend of the year, and according to the Air Transport Association, this summer will be the busiest ever for air travel, with more than 200 million passengers taking to the skies.

Over the weekend, airlines expect planes to be more than 90 percent full, up from about 80 percent on most days. That means travelers will face long check-in lines, long security lines, even lines at the airport Starbucks, not to mention packed planes. The airlines have seen a pickup in demand this season back to pre-9/11 levels.

At the same time, carriers are scaling back operations to reduce costs and boost profits, meaning fewer and smaller planes and fewer airline employees. It sounds like a perfect recipe for a hectic weekend, Kyra.

PHILLIPS: Well, when it comes to airports, some are a little more comfortable than others. What do you think? Which are traveler's favorites?

LISOVICZ: Yes, and what happens in Vegas isn't staying in Vegas according to this study from J.D. Power. Las Vegas' McCarran International tops the list of big North American airports. McCarran serves more than 44 million passengers a year. New York's John F. Kennedy Airport and the Philly International Airport tied for second, followed by Dallas-Fort Worth, Chicago and Detroit.

J.D. Power scored the airports in eight categories: accessibilities, check-in, baggage checking, security facilities, food, beverage -- you get the idea. Travelers said they consider waiting time to be the most important issue in airport satisfaction.

PHILLIPS: All right. What's happening on Wall Street?

(STOCK MARKET REPORT)

PHILLIPS: Well, Franny Martin is founder and owner of Cookies on Call in western Michigan. She isn't traveling the world during her retirement, but her homemade cookies are. Valerie Morris explains in this week's "Life After Work."

FRANNY MARTIN, COOKIES ON CALL: This is the beginning of the best chocolate chunk cookie that you'll ever taste.

VALERIE MORRIS, CNN CORRESPONDENT (voice-over): It may be a simple cookie recipe, but to 60-year-old Franny Martin it is her calling.

MARTIN: I started baking with my grandma when I was 4 years old and I was so fascinated with what she did that I was just set up at her side. It's in my blood. It's what I love to do.

MORRIS: The former marketing and public relations executive opened Cookies on Call after retiring from the corporate world.

MARTIN: I wanted to do something that had meaning for me and that would make other people have.

MORRIS: Martin's business began out of her home with delivery and online orders. She had just one cookie, the chocolate chunk hazelnut. There are now 61 kinds, and a retail shop in Douglas, Michigan.

MARTIN: We do upwards of 700 a day, and we ship them all over the world. One customer actually said that the angels should take care of my hands, because he thought the cookies were that good.

My business keeps me happy and happiness keeps you young. I feel younger at 60 than I did at 19. It's just I have a few more wrinkles and my back is not as strong.

Valerie Morris, CNN, New York.

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PHILLIPS: Hardest hit areas in New York are getting visits today from Senators Charles Schumer and Hillary Rodham Clinton. Teams of New York City fire and police officers are also rushing upstate.

A lot of farmland in and around Binghamton remains under several feet of water. Earlier estimates show the flood damage to one hospital alone could top $10 million. Well, the sun is out today in the Northeast, and so are the mops and maybe the hopes after some of the worst flooding in memory.

CNN's Jason Carroll looks at the damage in New Hope, Pennsylvania.

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT: Well, the Delaware River is still surging but not anything like it was yesterday. But if you take a look, you can see that there's still a lot of debris out there in the water. And that debris is threatening the New Hope Bridge. That's why the bridge has been temporarily shut down until further notice.

I can tell you though at this point the river water levels have dropped three-and-a-half feet. It doesn't really mean very much, but I can explain to you what that translates into.

This parking lot that I'm standing in yesterday was completely submerged. You can take a look at it now. Water is gone. It's dry at this point. This morning, in fact, some of the emergency officials were out in force. They were getting rid of all the mud, getting rid of all the of debris that's in the area, doing what they can to clean up. So the residents that were evacuated here -- in fact, some 300 businesses were evacuated in the New Hope area. Those people are anxious to get back to begin their clean-up process.

We spoke to one of the representatives from emergency services and he explained how the clean-up process is going so far.

UNIDENTIFIED MALE: It's been getting better and better. The recovery is faster and faster. There were really no surprises here. When we got the alert from the National Weather Service that the water was going to go up, we implemented our plan and everything has gone very well so far.

CARROLL: So the clean-up process well under way. The water in New Hope receding at a very quick pace. Certainly good news to the people here, who have had to deal with three floods in the past two years. So the prospect of having to clean up, once again, a depressing one for the folks in New Hope, Pennsylvania.

Reporting from New Hope, I'm Jason Carroll, CNN.

(END VIDEOTAPE)

PHILLIPS: Well, a cautious countdown at KSC. NASA says that tomorrow's launch of Space Shuttle Discovery is a go, weather permitting, Our technology correspondent Daniel Sieberg joins me now from Kennedy Space Center in Florida.

What do you think? Is it going to happen, Daniel?

DANIEL SIEBERG, CNN TECHNOLOGY CORRESPONDENT: Well, right now, it's about a 60 percent chance of not happening because of the weather that's predicted for tomorrow at 3:49 in the afternoon. That's when the launch window opens up.

Right now at this hour, though, NASA's administrator, Michael Griffin, is taking questions from reporters. They've been asking him about a number of things and he is saying that technically speaking, overall, the mission looks pretty good.

(BEGIN VIDEO CLIP)

MICHAEL GRIFFIN, NASA ADMINISTRATOR: We're here to resume the shuttle return to flight process. This is our second in our sequence. The vehicle is remarkably clean, just as clean as, certainly, I've ever seen and I think most of us have ever seen. So we're looking forward to good weather. And when we have it, we're going to be ready to go.

(END VIDEO CLIP)

SIEBERG: And the weather is the issue right now. The prediction, as I pointed out, about a 60 percent chance of not happening for tomorrow's launch. That's because of some possibility of some thunderstorms in the area that would have lightening and rain. You see right now, we're about 24 hours away. There are a few clouds in the area. I'm certainly not going to try and second guess NASA, but this is something they have to look at up until the last minute tomorrow. Try again on Sunday, and then maybe again on Tuesday and Wednesday.

Here you can see the countdown clock over my shoulder. It is stopped at T minus 11. That's because they're checking some communications stuff on the shuttle. This is a standard delay that's built in, a planned delay. They're also loading in some science. And they will be starting up the clock up again about 11:00 tonight -- Kyra.

PHILLIPS: And you got to watch the weather, plus that wildlife sanctuary right there by the launchpad.

SIEBERG: That's right. In addition to looking at some of the foam that could come off during the launch -- obviously a serious consideration after Columbia -- they have to worry about some of the birds that are in the area. This is a wildlife refuge.

You might remember the last Discovery mission, which was about a year ago. Right at the beginning of that launch in the first few seconds, there was a bird that was struck. This was a vulture that was struck during the launch. No serious damage to Discovery at the time.

Since then, though, NASA has taken this very seriously. They've actually implemented some radar to monitor for the number of birds that are in the area and they're also going to have to try and round them up and make sure they're not going to do any harm should the launch go ahead -- Kyra, back to you.

PHILLIPS: All right, Daniel Sieberg, thanks so much. And CNN will bring you the countdown to liftoff, beginning at 7:00 Eastern tomorrow morning. And be sure to join our special live coverage with Miles O'Brien beginning at 3:00 p.m. Eastern, noon Pacific.

It's the first Tour de France without Lance Armstrong, but it's still grabbing headlines. Straight ahead, a new controversy that's sidelining some top contenders. You're watching LIVE FROM on CNN.

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PHILLIPS: The Tour de France, minus Lance. A new era in competitive cycling, right? Well, except the new era starts tomorrow, where the old one left off with a doping scandal and suspensions, rather, of presumed frontrunners.

CNN's Michael Holmes has the story.

(BEGIN VIDEOTAPE)

MICHAEL HOLMES, CNN CORRESPONDENT (voice-over): They are among the glamour riders of cycling's glamour race, the Tour de France. Former winner Jan Ullrich, along with teammate Oscar Sevilla and last year's tour runner-up Ivan Basso, all out of the race as a doping investigation throws it into turmoil.

And that may not be all the competitors this year's tour loses. A Spanish court charged 58 cyclists with doping. Basso immediately denied any wrongdoing.

IVAN BASSO, BARRED FROM TOUR DE FRANCE (through translator): I'm confident. I want to stay on the team and I continue to train to be able to participate in the Tour de France.

HOLMES: The withdrawal of the high-profile riders hits the tour just two days before it's scheduled to begin; the first tour since seven-time winner Lance Armstrong retired. But organizers say they only received the list of names from the doping investigators on Friday, and had little time to act.

BERNARD HINAULT, TOUR DE FRANCE OFFICIAL (through translator): Yesterday we did not have the list. If we had had this list in our hands yesterday, we would have told them -- do you want us to accept these riders in the Tour de France?

HOLMES: Tour organizers have been keen to avoid any repeat of 1998, when the race almost collapsed due to a major drug scandal. Instead, they face a similar situation. Some of those now out of the tour were expected to wear the leader's yellow jersey. Now the famous race has now clear frontrunner.

Michael Holmes, CNN, Atlanta.

(END VIDEOTAPE)

(END VIDEO CLIP)

UNIDENTIFIED MALE: (INAUDIBLE) cross it in. That one -- the shot, and to the back of the net! And Germany has tied it!

(END VIDEO CLIP)

PHILLIPS: Well, ignore the score. Germany and Argentina end their quarterfinal match 1-1, but the Germans win in a penalty shootout. Home turf fans in Berlin are mildly delighted, showing the expected reserve and restraint. The only other match today, Italy versus Ukraine. Seems there's some sort of soccer tournament going on overseas.

All aboard the Himalayan Express. It's the first ever rail line to connect mainland China with Tibet. Whether that's a good thing or not depends on who you ask. Beijing says it will make Tibet more accessible to visitors and business, the very reasons most Tibetans aren't against it. It's 710 miles of brand new rails, and also the highest train track ever laid. Some parts reach an altitude of 14,000 feet.

Straight ahead, an incredible survivor.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Truman Duncan (ph) slipped beneath the wheels. Somehow, he managed to dial 911 and tell the operator he had been cut in half.

(END VIDEO CLIP)

PHILLIPS: Absolutely unbelievable, but totally true. You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

PHILLIPS: You won't believe our next story until you hear it yourself. A man whose legs are cut off by a train, a man cut basically in half, makes a phone call that probably saved his life. Reporter Jim Douglas of CNN affiliate WFAA has the details now from Cleburne, Texas.

(BEGIN VIDEOTAPE)

JIM DOUGLAS, WFAA, CLEBURNE, TEXAS (voice-over): The call came Sunday morning from the Gunderson's southwest yard in Cleburne.

UNIDENTIFIED FEMALE: Cleburne 911, state your emergency.

DOUGLAS: Workers were coupling cars, 36-year-old Truman Duncan slipped beneath the wheels. Somehow he managed to dial 911 and tell the operator he had been cut in half.

TRUMAN DUNCAN, CUT IN HALF: I just got run over by the rail cars. I need 911, Careflite. I think I'm cut in two. I need everyone to hurry up now.

UNIDENTIFIED FEMALE: Tell me where you are?

DUNCAN: I'm at Gunderson Southwest.

UNIDENTIFIED FEMALE: Gunderson, and someone got ran over by a rail car?

DUNCAN: Yes, ma'am. I'm about to pass out.

UNIDENTIFIED FEMALE: You got ran over?

DUNCAN: Yes

DOUGLAS: Trapped beneath the wheels with his life draining on the tracks, Duncan stayed on the line. UNIDENTIFIED FEMALE: OK, where you at there in Gunderson?

DUNCAN: Cleburne, Texas.

UNIDENTIFIED FEMALE: I understand you're in Cleburne, Texas. Stay on the line for me.

DUNCAN: Southwest.

UNIDENTIFIED FEMALE: Southwest?

DUNCAN: I'm about to pass out.

DOUGLAS: Colleagues found him and soon made their own frantic calls.

UNIDENTIFIED MALE: Oh my god, I got a guy run over by a car. I'm in Careflite. I need an ambulance.

UNIDENTIFIED FEMALE: How badly is, where is he right now?.

UNIDENTIFIED MALE: Real bad. It's bad. He's cut in half.

DOUGLAS: But rescuers already were calmly responding to Duncan's plea.

UNIDENTIFIED FEMALE: Tell me exactly what happened.

UNIDENTIFIED FEMALE: A railroad car ran over him and cut him half.

DOUGLAS: Cleburne firefighters couldn't believe the man they found was the one who had summoned them.

UNIDENTIFIED MALE: It was good for us to see him. It gave us the extra motivation to know that he's doing so well.

(END VIDEOTAPE)

PHILLIPS: Thanks again, from Jim Douglas, from our CNN affiliate, WFAA. Pretty amazing story there from Cleburne, Texas.

Well, he was praised for his leadership after 9/11 and was briefly nominated to head up homeland security. Today though, Bernard Kerik is facing a six-figure fine for his guilty plea to accepting tens of thousands of dollars in gifts while New York City police commissioner. The gifts were apartment renovations from a company that wanted contracts with the city, a company with reported ties to the mob. Under his plea agreement Kerik won't go to jail.

Embarrassment for Utah's highway patrol, and maybe the end of the road for a top cop. Commander Fred Swain has been the public face of Utah's drunk driving squad, pulling over suspects in his police cruiser. But, now he's under investigation for crashing that cruiser while driving under the influence. Swain is suspended, but not discharged. His bosses, as you can imagine, are furious. They are the hit of the pool party. Find out what it takes to be a champion belly flopper when LIVE FROM continues.

(COMMERCIAL BREAK)

PHILLIPS: That big flop is a good thing in this contest. It's the 10th annual belly flop off in Denver. Contestants are judged on style of smack, size of splash and redness of stomach afterwards. The winner this year, a veteran belly flopper, who came out of retirement after hurting his back in the contest two years ago. He won a trip to Cancun, Mexico, where he says he'll nurse his bruises with some Pina Colada.

I don't know Susan Lisovicz, that won't be our next girl's trip out. That's for sure.

SUSAN LISOVICZ, CNN CORRESPONDENT: I would rather do 300 crunches than do one belly flop. Because, I have experienced that kind of pain.

PHILLIPS: It knocks the air out of you too.

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