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Hunt for Zarqawi; Wendy's Chili Hoax; Marine or Murderer?

Aired April 26, 2005 - 11:00   ET

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


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


DARYN KAGAN, CNN ANCHOR: It is 11:00 a.m. straight up on the East Coast, 8:00 a.m. for those of you on the West. From the CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
Up first, U.S. troops didn't get the most wanted man in Iraq, but they were told that they did get Abu Musab al-Zarqawi's laptop. Why is that significant? CNN Pentagon correspondent Barbara Starr gets us started this hour.

Barbara, good morning.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning to you again, Daryn.

Well, new information about connections now between Osama bin Laden and Abu Musab al-Zarqawi, the most wanted man in Iraq. Here's what has emerged.

Now, CNN had reported back in March there was a raid in which U.S. forces believe they came very close to capturing Zarqawi. This was on February 20, near Ramadi, west of Falluja.

U.S. troops had been tipped off Zarqawi might be in the area. They chased down a vehicle they thought he was in. When they got to the vehicle, he was already gone.

But what they did find, as you say, equally, if not perhaps more significant, they found a laptop computer which one official says had a treasure trove of intelligence and information about Zarqawi, but also about Osama bin Laden. And one of the people they detained in that raid was proven they say to be a so-called trusted lieutenant of bin Laden.

This is one of the key indications that U.S. officials have had for many, many weeks now of two-way communication, as they call it, between bin Laden and Zarqawi. A matter of great concern to them, it has happened before that they have had couriers that they have detained that they believe have links to bin Laden inside Iraq. But in this case, this is someone that they say was a trusted lieutenant of bin Laden.

Indications that messages, two-way communication, had been going back and forth. A matter of very great concern to the U.S. military -- Daryn.

KAGAN: Of great concern, but also perhaps a clue that could perhaps lead in the trail to Osama bin Laden? I guess there would be hope on that department.

STARR: Well, there is hope on that. The question that certainly would come to mind, logic common sense that these people look at, is if they can begin to pick off these people that surround both Zarqawi and bin Laden, it certainly would draw them closer. As they get more and more credible information, as they try and verify what these people tell them under interrogation, they hope it's the kind of leads that will prove ultimately very useful.

KAGAN: Barbara Starr live at the Pentagon. Barbara, thank you.

Defense Secretary Donald Rumsfeld may get some questions -- you can be he can get questions about the shooting incident that took place that the Marine is on trial for. He's holding a session with reporters at 1:30 Eastern.

I want to now talk about the woman who is charged in the Wendy's finger case. She made an appearance today in court in Las Vegas. She could soon be on her way back to California, where she could face charges.

Wendy's, prosecutors saying this whole thing, that Anna Ayala, 39 years old, saying that she found a finger in her chili at Wendy's. Prosecutors saying that whole thing is a hoax. Charges against her include attempted grand theft, a charge authorities say had to do with the millions of dollars of financial losses to Wendy's that it has suffered since the news broke of her claim.

With more on the charges and how difficult they might be to prove, let's bring in our legal analyst, Jeff Toobin.

Hi, Jeff. Jeffrey Toobin?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: I hear you.

KAGAN: OK. Class convened. So this woman, Anna Ayala, back in March says she finds a finger in her chili at Wendy's.

TOOBIN: Very bad for Wendy's.

KAGAN: Yes, bad for Wendy's, especially if it's not -- well, bad either way. But even if it's not true, tons of people are going to stop eating Wendy's chili. So these charges here, I think it's interesting that they came up with attempted grand theft, as if this woman has robbed Wendy's.

TOOBIN: Right. I mean, that, frankly, seems to me sort of a novel theory coming -- giving the facts in this case.

You know, making a false police report would seem to be the much more likely -- likely charge, but that doesn't carry a very high penalty. And obviously people are very upset about this, that Wendy's has suffered millions of dollars worth of damages. So this is an attempt to sort of gin up the charges to reflect what they regard as the real damage of what she did.

KAGAN: Because these charges, if convicted, she could face seven years in prison.

TOOBIN: Right, and you can't get nearly that kind of sentence from filing a false police report.

KAGAN: But meanwhile, even if it's not true, to prove that she set the whole thing up, right now there's just circumstantial evidence.

TOOBIN: There is circumstantial evidence. And there is, of course, the finger. And the question all of America wants to know...

KAGAN: Whose finger is it?

TOOBIN: Whose finger is it? I know. And Daryn, I don't know, it's not my finger.

KAGAN: Are all of your 10 digits presently accounted for?

TOOBIN: Yes, all accounted for. And, you know, this would seem to be a perfect case for DNA testing, because obviously you've got the DNA of the finger. The question is, what do you match it against?

KAGAN: But you have to have a match, exactly.

TOOBIN: And, you know, you would think that someone would be missing that finger. You know, someone would say, hey, you know, what happened to my finger. So I have a feeling this could be solved. But it's not solved yet. And it's quite a mystery.

KAGAN: So let's say this thing is a hoax, and whether or not they can prosecute this woman. Not a lot of legal remedies for Wendy's. Just kind of out of luck.

TOOBIN: No. I mean, just from the looks of her, she's a very litigious person.

KAGAN: From the looks of her? You can look at somebody and tell?

TOOBIN: Well, no. From her background. No.

KAGAN: OK.

TOOBIN: She's had a history of filing lawsuits, but not successfully so that anyone can get -- Wendy's could get anywhere near the damages they suffered. I think the good news for Wendy's is that, you know, is this is proved that she did this hoax, you know, it gets Wendy's out of people thinking that there is something horrible going on in their restaurants, which is a good thing.

KAGAN: That would be a good thing. Well, we'll be watching it. And she said she's not going to fight extradition from Nevada to California?

TOOBIN: No, she did not give them the finger in any sense of the word. KAGAN: Oh, you know.

TOOBIN: I've been waiting this whole time...

KAGAN: I was about to commend you for getting through this entire segment without a single finger pun. And yet...

TOOBIN: I failed you, Daryn. I apologize.

KAGAN: ... I must take away my praise. I was going to hand it to you, Jeff. And yet I can't now.

All right. Jeffrey Toobin our legal analyst. Thank you for that.

While we were sitting there talking to Jeff about fingers, also got some news in of the very sad story out of Warrenton, Georgia, the two toddlers who were found dead in the pond near their home.

Initial autopsy results are back now on 2-year-old Nicole Payne and her 3-year-old brother, Jonah. They're saying initial reports are there are no signs of foul play.

So right now it looks like these toddlers just made it out of their home, front door, just figured out how to open the front door, and made it to this pond and drowned some time over the weekend. Let's -- we will be checking in with our Tony Harris, who is in Warrenton with more information, in just a bit.

Right now we want to check in and we move on to a story about a marine who went to war in Iraq. He is facing a criminal hearing at Camp Lejeune, North Carolina, today. The question in this case, did he act properly in a combat zone, or did his actions amount to murder?

CNN's Adaora Udoji looks at the case.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Mary Pantono says it's incomprehensible her son, a dedicated Marine, could commit murder.

MARY PANTONO, ILARIO PANTONO'S MOTHER: He's facing a death penalty for doing his job, which is to be a soldier and fight a war and protect his men.

UDOJI: But right now, Second Lieutenant Ilario Pantono only faces a military hearing where military authorities will "consider allegations" made in connection with two deaths that occurred during combat operations. The questions arise from his seven-month tour in Iraq.

On April 15 last year, at the height of a bloody month for U.S. troops, Pantono's squad was searching for weapons, says his civilian lawyer. When two Iraqi suspects refused to follow orders, he says, Pantono shot and killed them both. His mother says it was self- defense.

PANTONO: I think it is absolutely outrageous. And it's very hard for people who are over there, putting their lives on the line every day, to know that their decisions in the field can be questioned like this.

Not -- we're not saying it should be all out warfare. There are rules of engagement. These men are professionals.

UDOJI: A graduate of Manhattan's exclusive Horace Mann School and New York University, and a former trader on Wall Street, Pantono was motivated by the 9/11 attacks to rejoin the Marines. Now 33, married and a father of two young children, he potentially faces charges, his lawyer says, which are punishable by death.

A Marine spokesman says the hearing follows a 10-month investigation and will decide if criminal charges follow. He also says, to date, 14 Marines have been court-martialed, convicted of hurting or killing detainees in the war on terror.

Always thinking of her son, Pantono's mother set up a Web site, Defend The Defenders, in hopes of generating support and funds for her son's legal defense.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

KAGAN: Want to get more information now on the initial autopsy results on those two toddlers who died in the pond near their home in Warrenton, Georgia. Our Tony Harris is on the scene there with the latest -- Tony.

TONY HARRIS, CNN CORRESPONDENT: Daryn, just have some new information we wanted to quickly get to you.

Once again, we're out in front of the family home, the Payne family home here in Warrenton. And we can tell you that Pastor Ted Miller, who is the family pastor from the First United Methodist Church, was just inside the family home. He was joined there by Paul Lowe (ph), who is the Warren County coroner.

And we can tell you that Pastor Miller left the home just a short time ago, and we were able to ask him a couple of questions. And I asked him directly, I said, "What is it that the coroner told the parents about the circumstances surrounding the death of their children?"

And what Pastor Miller said that Paul Lowe (ph) said to the parents is that he was able to take an initial look at the bodies of the two children, 3-year-old Jonah and 2-year-old Nicole, and he saw nothing to indicate any kind of foul play. What that means in greater detail, I don't really know at this point. But he indicated, through this pastor, that he saw nothing in an initial look over the bodies to indicate foul play in connection with their deaths. Now, at this point, the investigation, the entire investigation hinges on the outcome, the results of this autopsy report. The bodies, as you know, are now in Augusta, Georgia, at the Georgia Bureau of Investigations crime lab there for the complete autopsy.

We're expecting to get some kind of preliminary results later today, but I just wanted to share this information with you that we received from Pastor Ted Miller, who told us what Paul Lowe (ph), the county coroner, shared with the parents inside just a short time ago -- Daryn.

KAGAN: All right. Tony, thank you. Tony Harris live in southern Georgia. Thank you for that.

Michael Jackson already has to deal with being accused of child molestation. Now there's also some bickering within his own legal team. The latest details in the Jackson court drama are next.

Tornadoes can cause fatal damage. In just moments, the why. We ask you, why would anyone want to go close to them, go toward them, in them, rather than away? We're going to talk to one man who makes running after storms his career and his passion.

And the Blackberry has become indispensable to many in the workplace, but have you thought about how it affects your thumb? The painful details later in the show.

(COMMERCIAL BREAK)

KAGAN: Michael Jackson's second wife is expected to testify for the prosecution this week. CNN's Ted Rowlands reports on the molestation trial from Santa Maria, California.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): In what could give prosecutors a chance for a strong finish in their case against Michael Jackson, Jackson's ex-wife, Debbie Rowe, the mother of two of his three children, has been cleared to testify. Rowe is expected to say Michael Jackson offered her visitation with her children in exchange for participating in a pro-Jackson video. Rowe is currently involved in a custody battle with Jackson.

Meanwhile, prosecutors told the judge that former security guard Chris Carter will not be a witness. Carter, who's facing kidnapping and robbery charges in Nevada, was expected to testify that Jackson gave the current accuser alcohol. Prosecutors didn't give a reason as to why Carter, considered to be a key witness, won't be called.

ANDREW COHEN, LEGAL ANALYST: Prosecutors know that they haven't sold the deal, they haven't made the deal with the jury. And they're trying at the last minute to get that done.

ROWLANDS: Former Neverland security guard Kassim Abdul testified yesterday that after seeing Michael Jackson in a Jacuzzi with a young boy, he found their swimming shorts left on a bathroom floor. Abdul's story is from the same night in 1993 that another security guard testified seeing Jackson engaged in oral sex with the boy.

Abdul's testimony is expected to be a last of the string of uncharged allegations from Jackson's past allowed in as evidence in the current case. At one point, Abdul broke down on the stand when talking about death threats he says he received after testifying against Jackson in front of a 1993 grand jury.

There's also been a shakeup on Jackson's defense team. Attorney Brian Oxman, who had what appeared to be an animated discussion outside the courthouse yesterday with lead attorney Thomas Mesereau, has been removed from the team. Oxman, who had a minor role in the current case, has been a family attorney for Jackson for many years.

(on camera): The next scheduled witness for the prosecution is a travel agent that claims she was told by Jackson associates to book one-way plane tickets for the accuser's family to Brazil.

Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

KAGAN: Now we want to tell you about this breaking news that we're getting out of Las Vegas. Pictures as well about a shooting in the parking lot of a casino in Las Vegas.

One person dead after the shooting. It happened in a parking lot on Flamingo Road, the Palms Hotel and Casino.

Investigators have marked off part of Flamingo Road. They're trying to gather evidence, trying to piece together what happened.

No word yet on the identity of the victim or what lead to the slaying. It is just west of the Las Vegas strip. So, once again, one person is dead after a shooting in a parking lot in a casino hotel in Las Vegas.

Latest workplace hazard? The Blackberry. It's become a pain in the thumbs for many. What can you do about it besides put it down? We'll tell you.

You look at something like this, and for most people the first instinct is to run the other way. We will talk to a man who likes to run toward it.

(COMMERCIAL BREAK)

KAGAN: Showing you live pictures now from Santa Maria, California, just as Michael Jackson walking into the courthouse there. The prosecution getting close to the end of presenting their case.

The news this week out of Santa Maria, that Michael Jackson's ex- wife, Debbie Rowe, will be allowed to testify about what prosecutors charge was a highly scripted television interview she gave in early 2003, where she defended Michael Jackson.

More on that in a little bit. Now on to the weather. Texas gets a day off from severe weather today. On Monday, strong spring storms ripped through the Dallas-Fort Worth area. Marble-size hail pelted the metroplex. Planes at DFW Airport were delayed about 45 minutes. No major damage, though, to tell you about.

Severe thunderstorms or tornadoes are possible in the Deep South today. New Orleans, Tallahassee, Jacksonville, they could all get weather warnings this afternoon. CNN will keep you posted with the latest radar.

That brings us to our next guest. He often goes face to face with these types of storms. Storm chaser Warren Faidley joins me from Tucson this morning.

Warren, good morning.

WARREN FAIDLEY, STORM CHASER: Good morning.

KAGAN: What's the weather in Tucson this morning?

FAIDLEY: It's absolutely beautiful.

KAGAN: Which leads me to the question, what the heck are you doing in Tucson, Arizona?

FAIDLEY: Well, believe it or not, it's good to be away from severe weather some of the time. I think if I was to do it all the time I'd burn out pretty quick. So this time of year I'm getting everything ready to deploy probably in the next week or so. So it's good to have a break away from everything, because the season really gets in swing here in about a week, week and a half.

KAGAN: OK. So you say you're getting ready. What does that entail, getting ready?

FAIDLEY: Oh, there's a ton of things you have to do when you're going to go tornado chasing, trust me. All the little things you have to put together in a chase vehicle, all the camera equipment, everything else has to be checked and rechecked a thousand times to make sure everything works when you need it.

So there's just an unbelievable amount of work it requires to get everything ready to do this and do it right. And also, of course, do it safely.

KAGAN: Which is I guess the key to enjoying it.

FAIDLEY: Absolutely.

KAGAN: Yes. OK. Now the thing that you get asked a thousand times, why?

FAIDLEY: As a journalist, this has always been my passion, to go out and experience things like most news people.

KAGAN: OK. I understand that part. FAIDLEY: Yes.

KAGAN: Yes.

FAIDLEY: For me, it just happens to be, you know, the thrill of it, to go out and see things. You never know on any given day what you're going to see. To me, that's just so exciting, to go out there and just absolutely know what's going to present itself as far as weather goes on any given day.

KAGAN: And does it have to be tornadoes? I know Tucson is one of the most lightening places on Earth. So does that do it for you, too?

FAIDLEY: Absolutely. That's one of the reasons I live here, too, is that during the summer months the lightening season we have here is just incredible. So it's not just the tornadoes. It's everything from hurricanes to lightning, to even some of the more benign types weather, like rainbows and scenic shots.

KAGAN: OK. Nice to know you like things like some of the nice stuff as well. Best -- hands down, best storm experience you've ever had?

FAIDLEY: It would have to be last year, 2004. Three big days in Kansas produced probably 20, 30 tornadoes during those three big what we call high-risk days, the maximum potential for tornadoes. That was really the highlight so far in my career. I hope it's not the only highlight, but last year will be pretty hard to beat, I think.

KAGAN: Now, doing what you do is kind of similar to news in that the big story, the big experience, often the other side of that is that there's people and there's property damage that happens at the same time. So if something is a really good story, a really good storm, you also know that there's probably been destruction and loss of life that goes with that.

FAIDLEY: Absolutely. My very first storm chase about 16 years ago I ended up in a town that was completely destroyed by a tornado. So it started out that way.

And when I am out there, I realize that. It's one thing to shoot a tornado that's out over the open fields, beautiful setting, picturesque sky. And then it's a whole different feeling when you see that tornado go into a populated area. And that's something, you know, I'm always thinking about in the back of my mind when I'm out there chasing.

KAGAN: You talked about getting ready, and all the preparation, and how that's the key. So that would be among the smartest things you've done as a storm chaser. What's the dumbest thing you've ever done as a storm chaser?

FAIDLEY: Well, when I first started out, there were really no guidelines. There was no Internet, there were no chase manuals. I had to kind of do it all from the seat of my pants. And, of course, a few times I ended up driving right under forming tornadoes or getting way too close to a storm, being hit by baseball-size hail, which is not a lot of fun.

So, unfortunately, it's one of these things you have to kind of learn as you go. And that's -- I'm very fortunate in a lot of cases, I think, to have survived this long.

KAGAN: Well, as you said, you're on the verge of another season. We wish you an exciting one with not a lot of destruction, some great pictures, and, of course, at the top of the list, a lot of safety.

FAIDLEY: Thank you very much.

KAGAN: And check in along the way and share your pictures with us.

FAIDLEY: Absolutely.

KAGAN: We'd like that. Warren Faidley, legendary storm chaser. Thanks, Warren.

Rob Marciano probably understood everything that Warren was saying. He understands the thrill of weather and wanting to see it firsthand and in person.

(WEATHER REPORT)

KAGAN: Thank you, Rob.

Representative Tom DeLay is catching a ride after hitching a ride back to Washington from Texas. He joined President Bush and other Republicans aboard Air Force One. Details on that trip just ahead.

(COMMERCIAL BREAK)

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Aired April 26, 2005 - 11:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: It is 11:00 a.m. straight up on the East Coast, 8:00 a.m. for those of you on the West. From the CNN Center in Atlanta, good morning once again. I'm Daryn Kagan.
Up first, U.S. troops didn't get the most wanted man in Iraq, but they were told that they did get Abu Musab al-Zarqawi's laptop. Why is that significant? CNN Pentagon correspondent Barbara Starr gets us started this hour.

Barbara, good morning.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning to you again, Daryn.

Well, new information about connections now between Osama bin Laden and Abu Musab al-Zarqawi, the most wanted man in Iraq. Here's what has emerged.

Now, CNN had reported back in March there was a raid in which U.S. forces believe they came very close to capturing Zarqawi. This was on February 20, near Ramadi, west of Falluja.

U.S. troops had been tipped off Zarqawi might be in the area. They chased down a vehicle they thought he was in. When they got to the vehicle, he was already gone.

But what they did find, as you say, equally, if not perhaps more significant, they found a laptop computer which one official says had a treasure trove of intelligence and information about Zarqawi, but also about Osama bin Laden. And one of the people they detained in that raid was proven they say to be a so-called trusted lieutenant of bin Laden.

This is one of the key indications that U.S. officials have had for many, many weeks now of two-way communication, as they call it, between bin Laden and Zarqawi. A matter of great concern to them, it has happened before that they have had couriers that they have detained that they believe have links to bin Laden inside Iraq. But in this case, this is someone that they say was a trusted lieutenant of bin Laden.

Indications that messages, two-way communication, had been going back and forth. A matter of very great concern to the U.S. military -- Daryn.

KAGAN: Of great concern, but also perhaps a clue that could perhaps lead in the trail to Osama bin Laden? I guess there would be hope on that department.

STARR: Well, there is hope on that. The question that certainly would come to mind, logic common sense that these people look at, is if they can begin to pick off these people that surround both Zarqawi and bin Laden, it certainly would draw them closer. As they get more and more credible information, as they try and verify what these people tell them under interrogation, they hope it's the kind of leads that will prove ultimately very useful.

KAGAN: Barbara Starr live at the Pentagon. Barbara, thank you.

Defense Secretary Donald Rumsfeld may get some questions -- you can be he can get questions about the shooting incident that took place that the Marine is on trial for. He's holding a session with reporters at 1:30 Eastern.

I want to now talk about the woman who is charged in the Wendy's finger case. She made an appearance today in court in Las Vegas. She could soon be on her way back to California, where she could face charges.

Wendy's, prosecutors saying this whole thing, that Anna Ayala, 39 years old, saying that she found a finger in her chili at Wendy's. Prosecutors saying that whole thing is a hoax. Charges against her include attempted grand theft, a charge authorities say had to do with the millions of dollars of financial losses to Wendy's that it has suffered since the news broke of her claim.

With more on the charges and how difficult they might be to prove, let's bring in our legal analyst, Jeff Toobin.

Hi, Jeff. Jeffrey Toobin?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: I hear you.

KAGAN: OK. Class convened. So this woman, Anna Ayala, back in March says she finds a finger in her chili at Wendy's.

TOOBIN: Very bad for Wendy's.

KAGAN: Yes, bad for Wendy's, especially if it's not -- well, bad either way. But even if it's not true, tons of people are going to stop eating Wendy's chili. So these charges here, I think it's interesting that they came up with attempted grand theft, as if this woman has robbed Wendy's.

TOOBIN: Right. I mean, that, frankly, seems to me sort of a novel theory coming -- giving the facts in this case.

You know, making a false police report would seem to be the much more likely -- likely charge, but that doesn't carry a very high penalty. And obviously people are very upset about this, that Wendy's has suffered millions of dollars worth of damages. So this is an attempt to sort of gin up the charges to reflect what they regard as the real damage of what she did.

KAGAN: Because these charges, if convicted, she could face seven years in prison.

TOOBIN: Right, and you can't get nearly that kind of sentence from filing a false police report.

KAGAN: But meanwhile, even if it's not true, to prove that she set the whole thing up, right now there's just circumstantial evidence.

TOOBIN: There is circumstantial evidence. And there is, of course, the finger. And the question all of America wants to know...

KAGAN: Whose finger is it?

TOOBIN: Whose finger is it? I know. And Daryn, I don't know, it's not my finger.

KAGAN: Are all of your 10 digits presently accounted for?

TOOBIN: Yes, all accounted for. And, you know, this would seem to be a perfect case for DNA testing, because obviously you've got the DNA of the finger. The question is, what do you match it against?

KAGAN: But you have to have a match, exactly.

TOOBIN: And, you know, you would think that someone would be missing that finger. You know, someone would say, hey, you know, what happened to my finger. So I have a feeling this could be solved. But it's not solved yet. And it's quite a mystery.

KAGAN: So let's say this thing is a hoax, and whether or not they can prosecute this woman. Not a lot of legal remedies for Wendy's. Just kind of out of luck.

TOOBIN: No. I mean, just from the looks of her, she's a very litigious person.

KAGAN: From the looks of her? You can look at somebody and tell?

TOOBIN: Well, no. From her background. No.

KAGAN: OK.

TOOBIN: She's had a history of filing lawsuits, but not successfully so that anyone can get -- Wendy's could get anywhere near the damages they suffered. I think the good news for Wendy's is that, you know, is this is proved that she did this hoax, you know, it gets Wendy's out of people thinking that there is something horrible going on in their restaurants, which is a good thing.

KAGAN: That would be a good thing. Well, we'll be watching it. And she said she's not going to fight extradition from Nevada to California?

TOOBIN: No, she did not give them the finger in any sense of the word. KAGAN: Oh, you know.

TOOBIN: I've been waiting this whole time...

KAGAN: I was about to commend you for getting through this entire segment without a single finger pun. And yet...

TOOBIN: I failed you, Daryn. I apologize.

KAGAN: ... I must take away my praise. I was going to hand it to you, Jeff. And yet I can't now.

All right. Jeffrey Toobin our legal analyst. Thank you for that.

While we were sitting there talking to Jeff about fingers, also got some news in of the very sad story out of Warrenton, Georgia, the two toddlers who were found dead in the pond near their home.

Initial autopsy results are back now on 2-year-old Nicole Payne and her 3-year-old brother, Jonah. They're saying initial reports are there are no signs of foul play.

So right now it looks like these toddlers just made it out of their home, front door, just figured out how to open the front door, and made it to this pond and drowned some time over the weekend. Let's -- we will be checking in with our Tony Harris, who is in Warrenton with more information, in just a bit.

Right now we want to check in and we move on to a story about a marine who went to war in Iraq. He is facing a criminal hearing at Camp Lejeune, North Carolina, today. The question in this case, did he act properly in a combat zone, or did his actions amount to murder?

CNN's Adaora Udoji looks at the case.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): Mary Pantono says it's incomprehensible her son, a dedicated Marine, could commit murder.

MARY PANTONO, ILARIO PANTONO'S MOTHER: He's facing a death penalty for doing his job, which is to be a soldier and fight a war and protect his men.

UDOJI: But right now, Second Lieutenant Ilario Pantono only faces a military hearing where military authorities will "consider allegations" made in connection with two deaths that occurred during combat operations. The questions arise from his seven-month tour in Iraq.

On April 15 last year, at the height of a bloody month for U.S. troops, Pantono's squad was searching for weapons, says his civilian lawyer. When two Iraqi suspects refused to follow orders, he says, Pantono shot and killed them both. His mother says it was self- defense.

PANTONO: I think it is absolutely outrageous. And it's very hard for people who are over there, putting their lives on the line every day, to know that their decisions in the field can be questioned like this.

Not -- we're not saying it should be all out warfare. There are rules of engagement. These men are professionals.

UDOJI: A graduate of Manhattan's exclusive Horace Mann School and New York University, and a former trader on Wall Street, Pantono was motivated by the 9/11 attacks to rejoin the Marines. Now 33, married and a father of two young children, he potentially faces charges, his lawyer says, which are punishable by death.

A Marine spokesman says the hearing follows a 10-month investigation and will decide if criminal charges follow. He also says, to date, 14 Marines have been court-martialed, convicted of hurting or killing detainees in the war on terror.

Always thinking of her son, Pantono's mother set up a Web site, Defend The Defenders, in hopes of generating support and funds for her son's legal defense.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

KAGAN: Want to get more information now on the initial autopsy results on those two toddlers who died in the pond near their home in Warrenton, Georgia. Our Tony Harris is on the scene there with the latest -- Tony.

TONY HARRIS, CNN CORRESPONDENT: Daryn, just have some new information we wanted to quickly get to you.

Once again, we're out in front of the family home, the Payne family home here in Warrenton. And we can tell you that Pastor Ted Miller, who is the family pastor from the First United Methodist Church, was just inside the family home. He was joined there by Paul Lowe (ph), who is the Warren County coroner.

And we can tell you that Pastor Miller left the home just a short time ago, and we were able to ask him a couple of questions. And I asked him directly, I said, "What is it that the coroner told the parents about the circumstances surrounding the death of their children?"

And what Pastor Miller said that Paul Lowe (ph) said to the parents is that he was able to take an initial look at the bodies of the two children, 3-year-old Jonah and 2-year-old Nicole, and he saw nothing to indicate any kind of foul play. What that means in greater detail, I don't really know at this point. But he indicated, through this pastor, that he saw nothing in an initial look over the bodies to indicate foul play in connection with their deaths. Now, at this point, the investigation, the entire investigation hinges on the outcome, the results of this autopsy report. The bodies, as you know, are now in Augusta, Georgia, at the Georgia Bureau of Investigations crime lab there for the complete autopsy.

We're expecting to get some kind of preliminary results later today, but I just wanted to share this information with you that we received from Pastor Ted Miller, who told us what Paul Lowe (ph), the county coroner, shared with the parents inside just a short time ago -- Daryn.

KAGAN: All right. Tony, thank you. Tony Harris live in southern Georgia. Thank you for that.

Michael Jackson already has to deal with being accused of child molestation. Now there's also some bickering within his own legal team. The latest details in the Jackson court drama are next.

Tornadoes can cause fatal damage. In just moments, the why. We ask you, why would anyone want to go close to them, go toward them, in them, rather than away? We're going to talk to one man who makes running after storms his career and his passion.

And the Blackberry has become indispensable to many in the workplace, but have you thought about how it affects your thumb? The painful details later in the show.

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KAGAN: Michael Jackson's second wife is expected to testify for the prosecution this week. CNN's Ted Rowlands reports on the molestation trial from Santa Maria, California.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): In what could give prosecutors a chance for a strong finish in their case against Michael Jackson, Jackson's ex-wife, Debbie Rowe, the mother of two of his three children, has been cleared to testify. Rowe is expected to say Michael Jackson offered her visitation with her children in exchange for participating in a pro-Jackson video. Rowe is currently involved in a custody battle with Jackson.

Meanwhile, prosecutors told the judge that former security guard Chris Carter will not be a witness. Carter, who's facing kidnapping and robbery charges in Nevada, was expected to testify that Jackson gave the current accuser alcohol. Prosecutors didn't give a reason as to why Carter, considered to be a key witness, won't be called.

ANDREW COHEN, LEGAL ANALYST: Prosecutors know that they haven't sold the deal, they haven't made the deal with the jury. And they're trying at the last minute to get that done.

ROWLANDS: Former Neverland security guard Kassim Abdul testified yesterday that after seeing Michael Jackson in a Jacuzzi with a young boy, he found their swimming shorts left on a bathroom floor. Abdul's story is from the same night in 1993 that another security guard testified seeing Jackson engaged in oral sex with the boy.

Abdul's testimony is expected to be a last of the string of uncharged allegations from Jackson's past allowed in as evidence in the current case. At one point, Abdul broke down on the stand when talking about death threats he says he received after testifying against Jackson in front of a 1993 grand jury.

There's also been a shakeup on Jackson's defense team. Attorney Brian Oxman, who had what appeared to be an animated discussion outside the courthouse yesterday with lead attorney Thomas Mesereau, has been removed from the team. Oxman, who had a minor role in the current case, has been a family attorney for Jackson for many years.

(on camera): The next scheduled witness for the prosecution is a travel agent that claims she was told by Jackson associates to book one-way plane tickets for the accuser's family to Brazil.

Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

KAGAN: Now we want to tell you about this breaking news that we're getting out of Las Vegas. Pictures as well about a shooting in the parking lot of a casino in Las Vegas.

One person dead after the shooting. It happened in a parking lot on Flamingo Road, the Palms Hotel and Casino.

Investigators have marked off part of Flamingo Road. They're trying to gather evidence, trying to piece together what happened.

No word yet on the identity of the victim or what lead to the slaying. It is just west of the Las Vegas strip. So, once again, one person is dead after a shooting in a parking lot in a casino hotel in Las Vegas.

Latest workplace hazard? The Blackberry. It's become a pain in the thumbs for many. What can you do about it besides put it down? We'll tell you.

You look at something like this, and for most people the first instinct is to run the other way. We will talk to a man who likes to run toward it.

(COMMERCIAL BREAK)

KAGAN: Showing you live pictures now from Santa Maria, California, just as Michael Jackson walking into the courthouse there. The prosecution getting close to the end of presenting their case.

The news this week out of Santa Maria, that Michael Jackson's ex- wife, Debbie Rowe, will be allowed to testify about what prosecutors charge was a highly scripted television interview she gave in early 2003, where she defended Michael Jackson.

More on that in a little bit. Now on to the weather. Texas gets a day off from severe weather today. On Monday, strong spring storms ripped through the Dallas-Fort Worth area. Marble-size hail pelted the metroplex. Planes at DFW Airport were delayed about 45 minutes. No major damage, though, to tell you about.

Severe thunderstorms or tornadoes are possible in the Deep South today. New Orleans, Tallahassee, Jacksonville, they could all get weather warnings this afternoon. CNN will keep you posted with the latest radar.

That brings us to our next guest. He often goes face to face with these types of storms. Storm chaser Warren Faidley joins me from Tucson this morning.

Warren, good morning.

WARREN FAIDLEY, STORM CHASER: Good morning.

KAGAN: What's the weather in Tucson this morning?

FAIDLEY: It's absolutely beautiful.

KAGAN: Which leads me to the question, what the heck are you doing in Tucson, Arizona?

FAIDLEY: Well, believe it or not, it's good to be away from severe weather some of the time. I think if I was to do it all the time I'd burn out pretty quick. So this time of year I'm getting everything ready to deploy probably in the next week or so. So it's good to have a break away from everything, because the season really gets in swing here in about a week, week and a half.

KAGAN: OK. So you say you're getting ready. What does that entail, getting ready?

FAIDLEY: Oh, there's a ton of things you have to do when you're going to go tornado chasing, trust me. All the little things you have to put together in a chase vehicle, all the camera equipment, everything else has to be checked and rechecked a thousand times to make sure everything works when you need it.

So there's just an unbelievable amount of work it requires to get everything ready to do this and do it right. And also, of course, do it safely.

KAGAN: Which is I guess the key to enjoying it.

FAIDLEY: Absolutely.

KAGAN: Yes. OK. Now the thing that you get asked a thousand times, why?

FAIDLEY: As a journalist, this has always been my passion, to go out and experience things like most news people.

KAGAN: OK. I understand that part. FAIDLEY: Yes.

KAGAN: Yes.

FAIDLEY: For me, it just happens to be, you know, the thrill of it, to go out and see things. You never know on any given day what you're going to see. To me, that's just so exciting, to go out there and just absolutely know what's going to present itself as far as weather goes on any given day.

KAGAN: And does it have to be tornadoes? I know Tucson is one of the most lightening places on Earth. So does that do it for you, too?

FAIDLEY: Absolutely. That's one of the reasons I live here, too, is that during the summer months the lightening season we have here is just incredible. So it's not just the tornadoes. It's everything from hurricanes to lightning, to even some of the more benign types weather, like rainbows and scenic shots.

KAGAN: OK. Nice to know you like things like some of the nice stuff as well. Best -- hands down, best storm experience you've ever had?

FAIDLEY: It would have to be last year, 2004. Three big days in Kansas produced probably 20, 30 tornadoes during those three big what we call high-risk days, the maximum potential for tornadoes. That was really the highlight so far in my career. I hope it's not the only highlight, but last year will be pretty hard to beat, I think.

KAGAN: Now, doing what you do is kind of similar to news in that the big story, the big experience, often the other side of that is that there's people and there's property damage that happens at the same time. So if something is a really good story, a really good storm, you also know that there's probably been destruction and loss of life that goes with that.

FAIDLEY: Absolutely. My very first storm chase about 16 years ago I ended up in a town that was completely destroyed by a tornado. So it started out that way.

And when I am out there, I realize that. It's one thing to shoot a tornado that's out over the open fields, beautiful setting, picturesque sky. And then it's a whole different feeling when you see that tornado go into a populated area. And that's something, you know, I'm always thinking about in the back of my mind when I'm out there chasing.

KAGAN: You talked about getting ready, and all the preparation, and how that's the key. So that would be among the smartest things you've done as a storm chaser. What's the dumbest thing you've ever done as a storm chaser?

FAIDLEY: Well, when I first started out, there were really no guidelines. There was no Internet, there were no chase manuals. I had to kind of do it all from the seat of my pants. And, of course, a few times I ended up driving right under forming tornadoes or getting way too close to a storm, being hit by baseball-size hail, which is not a lot of fun.

So, unfortunately, it's one of these things you have to kind of learn as you go. And that's -- I'm very fortunate in a lot of cases, I think, to have survived this long.

KAGAN: Well, as you said, you're on the verge of another season. We wish you an exciting one with not a lot of destruction, some great pictures, and, of course, at the top of the list, a lot of safety.

FAIDLEY: Thank you very much.

KAGAN: And check in along the way and share your pictures with us.

FAIDLEY: Absolutely.

KAGAN: We'd like that. Warren Faidley, legendary storm chaser. Thanks, Warren.

Rob Marciano probably understood everything that Warren was saying. He understands the thrill of weather and wanting to see it firsthand and in person.

(WEATHER REPORT)

KAGAN: Thank you, Rob.

Representative Tom DeLay is catching a ride after hitching a ride back to Washington from Texas. He joined President Bush and other Republicans aboard Air Force One. Details on that trip just ahead.

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