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CNN Live Today

Atlanta Shooter to Enter Plea; Cubans March

Aired May 17, 2005 - 10:00   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 CO-ANCHOR: Just minutes ago, we carried the live conclusion of a drama playing out in skies over Fort Lauderdale, Florida. The private had developed landing gear trouble and circled the private airport for more than an hour. A few minutes ago, it landed safely and without incident.
This hour in Atlanta, accused courthouse killer Brian Nichols returns to the scene of the March killing spree. Nichols will be arraigned on charges that he gun downed three people at the courthouse, and later killed a federal agent while on the run. Prosecutors have said they will seek the death penalty.

Polls are just now opening in Los Angeles, where voters will elect a mayor. There is incumbent, Jim Hahn. He is now considered the underdog. A "Los Angeles Times" poll last week shows Antonio Villaraigosa with a lead of 11-percentage point. Experts do predict a low turnout, maybe only 30 percent.

Thousands of Cubans are streaming past the American Mission in Havana this morning in answer to Fidel Castro's call. The Cuban leader is demanding that the U.S. arrest of a Cuban militant wanted in the 1976 airliner bombing that killed 73 people. The elderly Cuban exile is here in the U.S. He is seeking political asylum.

Last hour, President Bush welcomed former South African President Nelson Mandela, to the White House. They discussed Africa's AIDS crisis in the Oval Office meeting. Mr. Mandela is seeking U.S. aid in combating the tragedy, and has said he wants to put aside previous tensions over the war in Iraq. The former South African leader was one of the most blunt critics of the U.S.-led war.

The real life problems of the United Nations go under the microscope this hour. Live pictures from Capitol Hill. There's a Senate subcommittee investigates charges that millions of dollars in kickbacks were funneled to politicians around the world. One of the accused profiteers, a British member of parliament is the first to confront the charges with testimony at this morning's hearing.

And good morning to everyone. I'm Daryn Kagan.

We begin with an accused killer who held a city in terror. He is set to enter a plea any minute. Brian Nichols set to go back into the Atlanta courthouse, where his alleged shooting spree began. When we have a chance, we will be showing you live pictures. But these are taped pictures from a previous appearance. Now we're on to live pictures. All right, now we're on to live pictures at the Fulton County Courthouse. Nichols is there to enter a plea in a 54-count indictment, including four murder counts. Prosecutors plan to seek the death penalty in the case. Nichols is accused of killing three people inside and outside the courthouse, and a fourth person elsewhere. The shootings occurred March 11. Nichols surrendered to police the following day. And we'll have much more on that.

As the alleged Atlanta courthouse shooter has returned to the scene of the bloodshed, let's do g to Sara Dorsey with the story from outside the Fulton County Courthouse.

Sara, good morning.

SARA DORSEY, CNN CORRESPONDENT: Good morning to you, Daryn. I can tell you things outside the courthouse are fairly quiet, much quieter than they were on March 11, when those shootings took place. And as you said, and as we're seeing, there are live pictures from inside, where Brian Nichols will, we're told, enter a plea today. Or his defense attorneys are expected to do that.

We're told by the district attorney's office here if that does not happen, Judge Hilton Fuller will automatically enter a plea of not guilty for him, that is just standard protocol. Also if any of his prior appearances in court since those March 11 shootings are any indication, we're expecting that Brian Nichols will be shackled at the feet throughout this entire procedure, and will also be under very heavy security both inside and outside of that courtroom.

Nichols is facing a 54-count indictment handed down by a grand jury that includes four counts of murder for the deaths of Judge Roland Barnes, his court reporter Julie Brandau, Fulton County Sheriff's Deputy Hoyt Teasley and federal Immigration and Customs Enforcement agent David Wilhelm.

And looking into the future of the case there are two hearings scheduled for June 9 and 10. One is a gag order hearing and the second is a hearing to have District Attorney Paul Howard taken off of the case. Now, according to the defense, they don't want Paul Howard on the case because they say he's just too close to it. He was here in the courthouse on March 11 when those shootings took place. The state tells us that they will agree to the gag order hearing. But they do not and will not agree to Paul Howard being taken off of this case.

KAGAN: All right. Sara Dorsey, thank you for the latest on that.

For more on Brian Nichols and the case, let's bring in criminal defense attorney and former prosecutor B.J. Bernstein. The Atlanta attorney joins us. She is in New York today but she is here to talk about Atlanta.

B.J., good morning. Good to have you here with us.

B.J. BERSTEIN, FMR. PROSECUTOR/DEFENSE ATTNY.: Good to be here and seeing that, you know, we're going on to the next step of the case, where the case is really going to start moving forward now.

KAGAN: B.J., a basic American right, not guilty, innocent until proven guilty. And yet with all the evidence against Brian Nichols, how do you stand up in a courtroom and plead not guilty?

BERSTEIN: Because the word, "not guilty" is a legal term basically saying to the government I'm ready for you to go forward and prove that I'm guilty. It's not, not guilty in the sense of you and I talking amongst ourselves that I'm innocent or I didn't do it. So that's the legal distinction here and it's why he can stand up in court -- and actually it will be his lawyers who will say he's not guilty. Or the other choice, and we're watching it now, can be that he stands silent. If they claim that there's a mistake with the indictment, that's called a "demure."

KAGAN: B.J., let me just jump in here a second. Let's listen in a little bit to the proceedings and I'll bring you back.

HILTON FULLER, JUDGE: Do you have any questions at all about the charges against you?

UNIDENTIFIED MALE: Not at this time.

FULLER: Do you agree to waive, that is to give up my reading to you the specifics of the indictment?

UNIDENTIFIED MALE: Yes, your honor.

FULLER: OK.

FULLER: The court will enter a not guilty plea on behalf of Mr. Nichols. Is there anything else we need to do this morning?

UNIDENTIFIED MALE: Your honor, Mr. Moore has a couple of housekeeping matters for the court.

FULLER: All right.

KAGAN: We had expected the hearing to be brief, and it was. I want to apologize for the audio issues that is coming from the courtroom feed. But basically courthouse shooter suspect and defendant, Brian Nichols pleading not guilty. And justice keeps moving on.

Let's bring B.J. Bernstein in, a local attorney who is in New York City today.

What about the request by the defense to change -- well, there you see Paul Howard, the Fulton County district attorney, and ask him to be removed from the case. What do you think the chances are of that happening are B.J.?

BERSTEIN: The chances aren't great. He wasn't actually -- although he was in the courthouse, he's not going to be a witness. He isn't the one who could actually testify or see things. And as district attorney, plenty of things happen in your community that you're very close to and that doesn't necessarily disqualify you. It's an interesting move by the defense but I don't think it will be one that is successful.

KAGAN: What about a change of venue in this trial?

BERSTEIN: It's too early to see whether they're going to change venue. And although, yes, everybody in Atlanta and Fulton County knows about this case, Fulton County defense lawyers like to try cases there. It's a good, diverse population. And it's not a county that's well known for being quick to give the death penalty. So although there may be a lot of saturation in the media, the defense counsel may actually decide not to request a change in venue.

KAGAN: Let me ask you a personal question here, B.J., as somebody who has worked in the courthouse for so many years. One of the big indictments of what happened here was courtroom and courthouse security. In the time since the shootings took place, have you noticed any difference?

BERSTEIN: Absolutely. You know, I've been to Fulton County Courthouse now several times since it happened, and actually, that very next Monday after the shooting occurred. And there were so many more deputies. Certainly when you go in, where it's like airport tight screening, where you put your bag on the x-ray conveyor belt and go through the security wands, it used to be a private company that was there. And now instead, it's actually staffed by deputy sheriffs.

KAGAN: Hmm, interesting.

BERSTEIN: And also when you're in court, if you can see right there on your screen, where they were, you can just easily walk up to the front. Now, there are deputies watching. And any person who tries to go up maybe and ask the lawyer a question, or a clerk of court, they immediately come forward and say to you, "Why are you coming up here? What are you doing?" So there's a definite different in monitoring everyone's presence in the courtroom.

KAGAN: Very interesting. B.J., thank you. Glad we were able to track you down in New York City today.

BERSTEIN: Good to see you.

KAGAN: And we'll have much more on that story as the newscast goes on.

Right now, I want to tell about an Amber Alert from Idaho today. It is linked to an apparent murder case. Authorities in Idaho are looking for two children, 8-year-old Shasta Groene and her 9-year-old brother Dylan. Police found the bodies of three people in their home near Coeur D'Alene. The children live there with their mother. It's not known if the mother was one of the three people killed. We'll continue to follow the story and bring you updates as we get them out of Idaho.

And from Cuba today, there's a call for the U.S. to give up an accused terrorist. Check out pictures now from Havana. (BEGIN AND END VIDEO CLIP)

KAGAN: Hundreds of thousands of people marching past the U.S. mission, demanding the arrest -- that the U.S. arrests an elderly Cuban exile. The man is wanted in connection with an airline bombing.

CNN's Havana bureau chief Lucia Newman is covering today's rally and she joins us now on the phone -- Lucia.

LUCIA NEWMAN, CNN'S HAVANA BUREAU CHIEF: Good morning, Daryn. Well, not since the days of Elian Gonzalez, the Cuban rafter-boy whom we all remember, has President Fidel Castro led such a huge march; organized as usual by authorities here with military precision past the U.S. diplomatic mission here in Havana.

This time it's not about a little boy, but about an old man. Seventy-seven-year-old Louis Posada Carriles, who spent the better part of his life advocating the violent overthrow of Fidel Castro. And after years of being on the run and after escaping a Venezuelan prison, he entered the U.S. two years ago. This enormous march, and the tenth by Cuba to pressure the White House into acknowledging he is in Miami and arresting him.

Now, Posada denies responsibility for the bombing of a Cubaña Airlines plane in 1976, which killed 73 people. This despite recently declassified FBI documents, which link him to the bombing. But in an earlier "New York Times" interview he did admit he was behind a series of tourist hotel bombings in 1997, Daryn, which left several dozen people injured and killed one Italian tourist.

Cuba says it will renounce its claims to him so that he can stand trial in Venezuela, which last Friday put in an extradition to Washington for the man people here are calling a terrorist. But whom as we know, many in Miami consider a freedom fighter, Daryn.

KAGAN: Lucia, you are saying you haven't seen this kind of turnout since the days of Elian Gonzalez. Are you surprised by this turnout?

NEWMAN: Well, not really. The Cuban government has shown in the past that it is well equipped to organize large marches. People are brought from their places of work. They're, in fact, have been lining up since dawn -- before dawn this morning to be brought here from factories, from hospitals, from their place of work, from schools, soldiers as well.

You know, they pretty much tell you in advance how many people are going to come here. And what the government is saying there is that there will be more than a million people by the time this is over. The march started at 7:30 in the morning Eastern Time and it probably won't end until the afternoon at the very least -- Daryn.

KAGAN: Lucia Newman live from Havana, thank you.

Well, Fidel Castro's call to have Luis Posada arrested is the latest battle in the decade-long campaign between the two Cubans. Our Susan Candiotti has more on the profile of Fidel Castro's enemy.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice over): To some Cuban exiles, Luis Posada Carriles is a legend for making a career of crisscrossing Central America since the 1960s, devoted to bringing down Cuba's communist President Fidel Castro.

SANTIAGO ALVAREZ, POSADA SUPPORTER: He has been such a guiding light for fighting Castro.

CANDIOTTI: But Posada's critics, including Castro himself, call Posada a terrorist. Posada, now in his late 70s, is a former CIA operative hiding in Miami, after sneaking across the Mexican border. Why is he in hiding? Posada and his supporters say he has to worry about Cuban spies in Miami who might kill him. These pictures were taken three years ago in Panama.

After helping to organize the failed Bay of Pigs operation to oust Castro in 1961, Posada received explosives and sabotaged training from the CIA. He says he stopped working for the CIA in 1968. But in the 1980s, helped the U.S. back secret Contra supply network in Central America. A senior official familiar with Posada's career says the CIA considers him, quote, "radioactive," and that he is no longer linked to the agency.

And now, after four decades of his self-styled crusade against Castro, Posada has asked for political asylum to live amongst supporters in Miami, rather than be forced back to Cuba.

EDUARDO SOTO, ATTORNEY FOR POSADA: It is my utmost and absolute belief that should Mr. Posada Carriles be extradited from the United States, that he would be found dead.

CANDIOTTI: "Miami Herald" columnist Jim Defede opposes asylum for Posada.

JIM DEFEDE, COLUMNIST, "MIAMI HERALD": If Posada were be granted asylum it would portray a double standard that the United States would be ridiculed for around the world.

CANDIOTTI: Why a double standard? Critics point to Posada's past. He was accused of but always denied committing multiple terrorist attacks. Venezuela, 1976: charged with blowing up a Cuban airliner. The attack killed 73 people. Posada denied involvement and was never convicted, but was jailed for nine years in a Venezuelan prison until he escaped. Now that Posada is in Miami, the Venezuelans want him back, call him a terrorist, and plan to seek his extradition for a retrial.

Then there's Cuba, 1997. Havana hotels are bombed. One Italian tourist killed. Posada later claimed responsibility in interviews with two American newspapers. Still later, he put on a disguise to declare that confession a lie, and denied he was involved. Panama, 2000: Posada and three Cuban exiles are accused of plotting to assassinate Castro during a visit to that country. Posada was convicted in Panama but later received a presidential pardon.

Regardless of the consequences, Posada defends his ongoing battle against Castro.

"Never," Posada says, "have we taken terrorist actions against civilians." But his statements have not convinced his critics.

DEFEDE: No matter who you're trying to unseat, no matter what your end result is, the tactics do have to matter.

CANDIOTTI: Cuba's communist leader also wants the United States to hand over Posada.

"The monster is there," says Fidel Castro. A terrorist he says should be turned over to the Cuban authorities to pay for his crimes.

ALVAREZ: Posada really is not a terrorist. He really is a freedom fighter and he's been singled out by Castro regime.

CANDIOTTI (on camera): Freedom fighter for terrorist? For some, the answer might depend on whether you're in Miami or Havana. If you're wondering why Posada hasn't been picked up by Homeland Security, law enforcement officials tell CNN they don't know where he is, and there is no warrant for him in the United States or elsewhere.

(voice over): But if and when Posada shows up for an asylum interview, authorities say they'll have plenty of questions for him.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

KAGAN: We have a lot of news to get to, including did ordinary American citizens benefit from the Oil for Food scandal? Still to come, another new report and more fallout on Capitol Hill. Details straight ahead.

Plus, are credit card companies beating down your door to get you to sign up? It might seem like a great deal but consumer beware.

And later, a robber -- excuse me, in Maryland, made off with the goods but was outwitted by one e-bay shopper. Details straight ahead.

(COMMERCIAL BREAK)

KAGAN: Visitors heading to Yosemite National Forest are being warned to check the weather and the road conditions before heading out. Warm weather and heavy snow have caused heavy flooding in the valley. And campgrounds are close ad long with at least two roads due to flood. Even with the flooding, still one of the prettiest places on earth.

Looking at credit card deals. Are some of them trying to lure you in and turning sour once you sign up? Still to come, common credit card details consumers must consider.

Plus, one Ohio town is putting out the welcome wagon for Wal- Mart. They are literally doing that. Details right ahead.

(COMMERCIAL BREAK)

KAGAN: Amid the backdrop of bankruptcy reforms and staggering consumer debt, Congress is turning its attention to another key factor in the equation. And that is credit card companies. Critics say they fueled the problem by overzealously recruiting customers.

Our senior correspondent Allan Chernoff has that story.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN-FN CORRESPONDENT (voice over): Zero percent interest. We've seen these sweet credit card offers. But for John Graham, it quickly turned sour.

JOHN GRAHAM, CREDIT CARD HOLDER: Whether you actually get the card and on your first bill you're being charged interest, you call them up. And you say well, how come with this letter you said zero interest rate, and now I'm getting charged 18, 19, 20 percent interest. And they tell you well, your credit isn't good enough to do that.

CHERNOFF: It's a common trap. The offers lure you in with a teaser rate, but the rate may be good only for those who qualify. Consumers advice, read the fine print. Yes, it's a pain. But card issuers point out they are required by law to make full disclosure about the terms of their offers. If you're taking on credit, you need to know the real terms.

Graham: It's the agreement I signed up for. Sure, I signed an agreement. You know, I got caught. You know, I got caught in the mix-up.

CHERNOFF: Another frequent complaint, the card's interest rate goes up, even if you've been making your payments. But at many banks, any change to your credit standing, like missing a payment on another card, can affect your rate.

LINDA SHERRY, CONSUMER ACTION: A lot of these credit card companies are changing the rate on you even if you pay one time late. And I'm not talking days late or 30 days late. I'm talking sometimes if your payment doesn't get there by 1:00 p.m. on the due date, you can get hit with an increase. And these increases are not just you know, chump change. These are some doubling and tripling of the interest rate in some cases.

CHERNOFF: So pay on time, and keep track of your payments. If you do miss a payment, the late fees can be costly. Over $27 on average, according to a consumer action survey. If you're slapped with a fee, complain. Banks will drop the fee for good customers. Still, consumer advocates say, be cautious about opening new credit card accounts. You probably don't need the extra card, and the extra borrowing power could end up hurting your credit standing.

(END VIDEOTAPE)

CHERNOFF: At the hearing this morning, one of the governors of the Federal Reserve is going to say that credit card companies should simplify their disclosures. And a few minutes ago, Senator Dianne Feinstein of California said that credit card companies should be required to tell consumers every month exactly how long it will take to repay their entire balance if they make only the minimum payment -- Daryn.

KAGAN: Well, if did you that, you'd be crying the whole time that looking at your bills unless you pay it off.

CHERNOFF: It could take a very long time if you do make only those minimum payments.

KAGAN: Allan, thank you. An important consumer issue.

It was a game of cops and robbers that played out on the Internet. Still to come, how a woman used e-bay to find her prized possessions and the thief who stole them. It's a great story.

Plus, a new Wal-Mart for one Ohio town. You might not see as many cars in the parking lot. A lot more non-electric appliances items on the shelves as well. We're going to tell you why, coming up.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired May 17, 2005 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN CO-ANCHOR: Just minutes ago, we carried the live conclusion of a drama playing out in skies over Fort Lauderdale, Florida. The private had developed landing gear trouble and circled the private airport for more than an hour. A few minutes ago, it landed safely and without incident.
This hour in Atlanta, accused courthouse killer Brian Nichols returns to the scene of the March killing spree. Nichols will be arraigned on charges that he gun downed three people at the courthouse, and later killed a federal agent while on the run. Prosecutors have said they will seek the death penalty.

Polls are just now opening in Los Angeles, where voters will elect a mayor. There is incumbent, Jim Hahn. He is now considered the underdog. A "Los Angeles Times" poll last week shows Antonio Villaraigosa with a lead of 11-percentage point. Experts do predict a low turnout, maybe only 30 percent.

Thousands of Cubans are streaming past the American Mission in Havana this morning in answer to Fidel Castro's call. The Cuban leader is demanding that the U.S. arrest of a Cuban militant wanted in the 1976 airliner bombing that killed 73 people. The elderly Cuban exile is here in the U.S. He is seeking political asylum.

Last hour, President Bush welcomed former South African President Nelson Mandela, to the White House. They discussed Africa's AIDS crisis in the Oval Office meeting. Mr. Mandela is seeking U.S. aid in combating the tragedy, and has said he wants to put aside previous tensions over the war in Iraq. The former South African leader was one of the most blunt critics of the U.S.-led war.

The real life problems of the United Nations go under the microscope this hour. Live pictures from Capitol Hill. There's a Senate subcommittee investigates charges that millions of dollars in kickbacks were funneled to politicians around the world. One of the accused profiteers, a British member of parliament is the first to confront the charges with testimony at this morning's hearing.

And good morning to everyone. I'm Daryn Kagan.

We begin with an accused killer who held a city in terror. He is set to enter a plea any minute. Brian Nichols set to go back into the Atlanta courthouse, where his alleged shooting spree began. When we have a chance, we will be showing you live pictures. But these are taped pictures from a previous appearance. Now we're on to live pictures. All right, now we're on to live pictures at the Fulton County Courthouse. Nichols is there to enter a plea in a 54-count indictment, including four murder counts. Prosecutors plan to seek the death penalty in the case. Nichols is accused of killing three people inside and outside the courthouse, and a fourth person elsewhere. The shootings occurred March 11. Nichols surrendered to police the following day. And we'll have much more on that.

As the alleged Atlanta courthouse shooter has returned to the scene of the bloodshed, let's do g to Sara Dorsey with the story from outside the Fulton County Courthouse.

Sara, good morning.

SARA DORSEY, CNN CORRESPONDENT: Good morning to you, Daryn. I can tell you things outside the courthouse are fairly quiet, much quieter than they were on March 11, when those shootings took place. And as you said, and as we're seeing, there are live pictures from inside, where Brian Nichols will, we're told, enter a plea today. Or his defense attorneys are expected to do that.

We're told by the district attorney's office here if that does not happen, Judge Hilton Fuller will automatically enter a plea of not guilty for him, that is just standard protocol. Also if any of his prior appearances in court since those March 11 shootings are any indication, we're expecting that Brian Nichols will be shackled at the feet throughout this entire procedure, and will also be under very heavy security both inside and outside of that courtroom.

Nichols is facing a 54-count indictment handed down by a grand jury that includes four counts of murder for the deaths of Judge Roland Barnes, his court reporter Julie Brandau, Fulton County Sheriff's Deputy Hoyt Teasley and federal Immigration and Customs Enforcement agent David Wilhelm.

And looking into the future of the case there are two hearings scheduled for June 9 and 10. One is a gag order hearing and the second is a hearing to have District Attorney Paul Howard taken off of the case. Now, according to the defense, they don't want Paul Howard on the case because they say he's just too close to it. He was here in the courthouse on March 11 when those shootings took place. The state tells us that they will agree to the gag order hearing. But they do not and will not agree to Paul Howard being taken off of this case.

KAGAN: All right. Sara Dorsey, thank you for the latest on that.

For more on Brian Nichols and the case, let's bring in criminal defense attorney and former prosecutor B.J. Bernstein. The Atlanta attorney joins us. She is in New York today but she is here to talk about Atlanta.

B.J., good morning. Good to have you here with us.

B.J. BERSTEIN, FMR. PROSECUTOR/DEFENSE ATTNY.: Good to be here and seeing that, you know, we're going on to the next step of the case, where the case is really going to start moving forward now.

KAGAN: B.J., a basic American right, not guilty, innocent until proven guilty. And yet with all the evidence against Brian Nichols, how do you stand up in a courtroom and plead not guilty?

BERSTEIN: Because the word, "not guilty" is a legal term basically saying to the government I'm ready for you to go forward and prove that I'm guilty. It's not, not guilty in the sense of you and I talking amongst ourselves that I'm innocent or I didn't do it. So that's the legal distinction here and it's why he can stand up in court -- and actually it will be his lawyers who will say he's not guilty. Or the other choice, and we're watching it now, can be that he stands silent. If they claim that there's a mistake with the indictment, that's called a "demure."

KAGAN: B.J., let me just jump in here a second. Let's listen in a little bit to the proceedings and I'll bring you back.

HILTON FULLER, JUDGE: Do you have any questions at all about the charges against you?

UNIDENTIFIED MALE: Not at this time.

FULLER: Do you agree to waive, that is to give up my reading to you the specifics of the indictment?

UNIDENTIFIED MALE: Yes, your honor.

FULLER: OK.

FULLER: The court will enter a not guilty plea on behalf of Mr. Nichols. Is there anything else we need to do this morning?

UNIDENTIFIED MALE: Your honor, Mr. Moore has a couple of housekeeping matters for the court.

FULLER: All right.

KAGAN: We had expected the hearing to be brief, and it was. I want to apologize for the audio issues that is coming from the courtroom feed. But basically courthouse shooter suspect and defendant, Brian Nichols pleading not guilty. And justice keeps moving on.

Let's bring B.J. Bernstein in, a local attorney who is in New York City today.

What about the request by the defense to change -- well, there you see Paul Howard, the Fulton County district attorney, and ask him to be removed from the case. What do you think the chances are of that happening are B.J.?

BERSTEIN: The chances aren't great. He wasn't actually -- although he was in the courthouse, he's not going to be a witness. He isn't the one who could actually testify or see things. And as district attorney, plenty of things happen in your community that you're very close to and that doesn't necessarily disqualify you. It's an interesting move by the defense but I don't think it will be one that is successful.

KAGAN: What about a change of venue in this trial?

BERSTEIN: It's too early to see whether they're going to change venue. And although, yes, everybody in Atlanta and Fulton County knows about this case, Fulton County defense lawyers like to try cases there. It's a good, diverse population. And it's not a county that's well known for being quick to give the death penalty. So although there may be a lot of saturation in the media, the defense counsel may actually decide not to request a change in venue.

KAGAN: Let me ask you a personal question here, B.J., as somebody who has worked in the courthouse for so many years. One of the big indictments of what happened here was courtroom and courthouse security. In the time since the shootings took place, have you noticed any difference?

BERSTEIN: Absolutely. You know, I've been to Fulton County Courthouse now several times since it happened, and actually, that very next Monday after the shooting occurred. And there were so many more deputies. Certainly when you go in, where it's like airport tight screening, where you put your bag on the x-ray conveyor belt and go through the security wands, it used to be a private company that was there. And now instead, it's actually staffed by deputy sheriffs.

KAGAN: Hmm, interesting.

BERSTEIN: And also when you're in court, if you can see right there on your screen, where they were, you can just easily walk up to the front. Now, there are deputies watching. And any person who tries to go up maybe and ask the lawyer a question, or a clerk of court, they immediately come forward and say to you, "Why are you coming up here? What are you doing?" So there's a definite different in monitoring everyone's presence in the courtroom.

KAGAN: Very interesting. B.J., thank you. Glad we were able to track you down in New York City today.

BERSTEIN: Good to see you.

KAGAN: And we'll have much more on that story as the newscast goes on.

Right now, I want to tell about an Amber Alert from Idaho today. It is linked to an apparent murder case. Authorities in Idaho are looking for two children, 8-year-old Shasta Groene and her 9-year-old brother Dylan. Police found the bodies of three people in their home near Coeur D'Alene. The children live there with their mother. It's not known if the mother was one of the three people killed. We'll continue to follow the story and bring you updates as we get them out of Idaho.

And from Cuba today, there's a call for the U.S. to give up an accused terrorist. Check out pictures now from Havana. (BEGIN AND END VIDEO CLIP)

KAGAN: Hundreds of thousands of people marching past the U.S. mission, demanding the arrest -- that the U.S. arrests an elderly Cuban exile. The man is wanted in connection with an airline bombing.

CNN's Havana bureau chief Lucia Newman is covering today's rally and she joins us now on the phone -- Lucia.

LUCIA NEWMAN, CNN'S HAVANA BUREAU CHIEF: Good morning, Daryn. Well, not since the days of Elian Gonzalez, the Cuban rafter-boy whom we all remember, has President Fidel Castro led such a huge march; organized as usual by authorities here with military precision past the U.S. diplomatic mission here in Havana.

This time it's not about a little boy, but about an old man. Seventy-seven-year-old Louis Posada Carriles, who spent the better part of his life advocating the violent overthrow of Fidel Castro. And after years of being on the run and after escaping a Venezuelan prison, he entered the U.S. two years ago. This enormous march, and the tenth by Cuba to pressure the White House into acknowledging he is in Miami and arresting him.

Now, Posada denies responsibility for the bombing of a Cubaña Airlines plane in 1976, which killed 73 people. This despite recently declassified FBI documents, which link him to the bombing. But in an earlier "New York Times" interview he did admit he was behind a series of tourist hotel bombings in 1997, Daryn, which left several dozen people injured and killed one Italian tourist.

Cuba says it will renounce its claims to him so that he can stand trial in Venezuela, which last Friday put in an extradition to Washington for the man people here are calling a terrorist. But whom as we know, many in Miami consider a freedom fighter, Daryn.

KAGAN: Lucia, you are saying you haven't seen this kind of turnout since the days of Elian Gonzalez. Are you surprised by this turnout?

NEWMAN: Well, not really. The Cuban government has shown in the past that it is well equipped to organize large marches. People are brought from their places of work. They're, in fact, have been lining up since dawn -- before dawn this morning to be brought here from factories, from hospitals, from their place of work, from schools, soldiers as well.

You know, they pretty much tell you in advance how many people are going to come here. And what the government is saying there is that there will be more than a million people by the time this is over. The march started at 7:30 in the morning Eastern Time and it probably won't end until the afternoon at the very least -- Daryn.

KAGAN: Lucia Newman live from Havana, thank you.

Well, Fidel Castro's call to have Luis Posada arrested is the latest battle in the decade-long campaign between the two Cubans. Our Susan Candiotti has more on the profile of Fidel Castro's enemy.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice over): To some Cuban exiles, Luis Posada Carriles is a legend for making a career of crisscrossing Central America since the 1960s, devoted to bringing down Cuba's communist President Fidel Castro.

SANTIAGO ALVAREZ, POSADA SUPPORTER: He has been such a guiding light for fighting Castro.

CANDIOTTI: But Posada's critics, including Castro himself, call Posada a terrorist. Posada, now in his late 70s, is a former CIA operative hiding in Miami, after sneaking across the Mexican border. Why is he in hiding? Posada and his supporters say he has to worry about Cuban spies in Miami who might kill him. These pictures were taken three years ago in Panama.

After helping to organize the failed Bay of Pigs operation to oust Castro in 1961, Posada received explosives and sabotaged training from the CIA. He says he stopped working for the CIA in 1968. But in the 1980s, helped the U.S. back secret Contra supply network in Central America. A senior official familiar with Posada's career says the CIA considers him, quote, "radioactive," and that he is no longer linked to the agency.

And now, after four decades of his self-styled crusade against Castro, Posada has asked for political asylum to live amongst supporters in Miami, rather than be forced back to Cuba.

EDUARDO SOTO, ATTORNEY FOR POSADA: It is my utmost and absolute belief that should Mr. Posada Carriles be extradited from the United States, that he would be found dead.

CANDIOTTI: "Miami Herald" columnist Jim Defede opposes asylum for Posada.

JIM DEFEDE, COLUMNIST, "MIAMI HERALD": If Posada were be granted asylum it would portray a double standard that the United States would be ridiculed for around the world.

CANDIOTTI: Why a double standard? Critics point to Posada's past. He was accused of but always denied committing multiple terrorist attacks. Venezuela, 1976: charged with blowing up a Cuban airliner. The attack killed 73 people. Posada denied involvement and was never convicted, but was jailed for nine years in a Venezuelan prison until he escaped. Now that Posada is in Miami, the Venezuelans want him back, call him a terrorist, and plan to seek his extradition for a retrial.

Then there's Cuba, 1997. Havana hotels are bombed. One Italian tourist killed. Posada later claimed responsibility in interviews with two American newspapers. Still later, he put on a disguise to declare that confession a lie, and denied he was involved. Panama, 2000: Posada and three Cuban exiles are accused of plotting to assassinate Castro during a visit to that country. Posada was convicted in Panama but later received a presidential pardon.

Regardless of the consequences, Posada defends his ongoing battle against Castro.

"Never," Posada says, "have we taken terrorist actions against civilians." But his statements have not convinced his critics.

DEFEDE: No matter who you're trying to unseat, no matter what your end result is, the tactics do have to matter.

CANDIOTTI: Cuba's communist leader also wants the United States to hand over Posada.

"The monster is there," says Fidel Castro. A terrorist he says should be turned over to the Cuban authorities to pay for his crimes.

ALVAREZ: Posada really is not a terrorist. He really is a freedom fighter and he's been singled out by Castro regime.

CANDIOTTI (on camera): Freedom fighter for terrorist? For some, the answer might depend on whether you're in Miami or Havana. If you're wondering why Posada hasn't been picked up by Homeland Security, law enforcement officials tell CNN they don't know where he is, and there is no warrant for him in the United States or elsewhere.

(voice over): But if and when Posada shows up for an asylum interview, authorities say they'll have plenty of questions for him.

Susan Candiotti, CNN, Miami.

(END VIDEOTAPE)

KAGAN: We have a lot of news to get to, including did ordinary American citizens benefit from the Oil for Food scandal? Still to come, another new report and more fallout on Capitol Hill. Details straight ahead.

Plus, are credit card companies beating down your door to get you to sign up? It might seem like a great deal but consumer beware.

And later, a robber -- excuse me, in Maryland, made off with the goods but was outwitted by one e-bay shopper. Details straight ahead.

(COMMERCIAL BREAK)

KAGAN: Visitors heading to Yosemite National Forest are being warned to check the weather and the road conditions before heading out. Warm weather and heavy snow have caused heavy flooding in the valley. And campgrounds are close ad long with at least two roads due to flood. Even with the flooding, still one of the prettiest places on earth.

Looking at credit card deals. Are some of them trying to lure you in and turning sour once you sign up? Still to come, common credit card details consumers must consider.

Plus, one Ohio town is putting out the welcome wagon for Wal- Mart. They are literally doing that. Details right ahead.

(COMMERCIAL BREAK)

KAGAN: Amid the backdrop of bankruptcy reforms and staggering consumer debt, Congress is turning its attention to another key factor in the equation. And that is credit card companies. Critics say they fueled the problem by overzealously recruiting customers.

Our senior correspondent Allan Chernoff has that story.

(BEGIN VIDEOTAPE)

ALLAN CHERNOFF, CNN-FN CORRESPONDENT (voice over): Zero percent interest. We've seen these sweet credit card offers. But for John Graham, it quickly turned sour.

JOHN GRAHAM, CREDIT CARD HOLDER: Whether you actually get the card and on your first bill you're being charged interest, you call them up. And you say well, how come with this letter you said zero interest rate, and now I'm getting charged 18, 19, 20 percent interest. And they tell you well, your credit isn't good enough to do that.

CHERNOFF: It's a common trap. The offers lure you in with a teaser rate, but the rate may be good only for those who qualify. Consumers advice, read the fine print. Yes, it's a pain. But card issuers point out they are required by law to make full disclosure about the terms of their offers. If you're taking on credit, you need to know the real terms.

Graham: It's the agreement I signed up for. Sure, I signed an agreement. You know, I got caught. You know, I got caught in the mix-up.

CHERNOFF: Another frequent complaint, the card's interest rate goes up, even if you've been making your payments. But at many banks, any change to your credit standing, like missing a payment on another card, can affect your rate.

LINDA SHERRY, CONSUMER ACTION: A lot of these credit card companies are changing the rate on you even if you pay one time late. And I'm not talking days late or 30 days late. I'm talking sometimes if your payment doesn't get there by 1:00 p.m. on the due date, you can get hit with an increase. And these increases are not just you know, chump change. These are some doubling and tripling of the interest rate in some cases.

CHERNOFF: So pay on time, and keep track of your payments. If you do miss a payment, the late fees can be costly. Over $27 on average, according to a consumer action survey. If you're slapped with a fee, complain. Banks will drop the fee for good customers. Still, consumer advocates say, be cautious about opening new credit card accounts. You probably don't need the extra card, and the extra borrowing power could end up hurting your credit standing.

(END VIDEOTAPE)

CHERNOFF: At the hearing this morning, one of the governors of the Federal Reserve is going to say that credit card companies should simplify their disclosures. And a few minutes ago, Senator Dianne Feinstein of California said that credit card companies should be required to tell consumers every month exactly how long it will take to repay their entire balance if they make only the minimum payment -- Daryn.

KAGAN: Well, if did you that, you'd be crying the whole time that looking at your bills unless you pay it off.

CHERNOFF: It could take a very long time if you do make only those minimum payments.

KAGAN: Allan, thank you. An important consumer issue.

It was a game of cops and robbers that played out on the Internet. Still to come, how a woman used e-bay to find her prized possessions and the thief who stole them. It's a great story.

Plus, a new Wal-Mart for one Ohio town. You might not see as many cars in the parking lot. A lot more non-electric appliances items on the shelves as well. We're going to tell you why, coming up.

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