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CNN Live Today

George and Jennifer Hyatte Face Extradition Hearings; Mother of Soldier Wants to Speak with President Bush; Ads Pulled Against Judge John Roberts; Fighting High Gas Prices

Aired August 12, 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 ANCHOR: Good morning. You guys have a great day and a great weekend in New York City.
We'll go ahead and get started. Let's take a look at what's happening "Now in the News."

Extradition hearings are scheduled in Columbus, Ohio, at this hour for George and Jennifer Hyatte, accused of killing a guard outside of a Tennessee courthouse on Tuesday. They were arrested at a Columbus motel after a 36-hour hunt. We have a live report coming up.

Oil prices spiked above $66 a barrel in Asian electronic trading overnight. AAA Motor Club reporting that the national average price of a gallon of self-serve regular gasoline is about $2.41 today, up from $2.39 yesterday.

An abortion rights group has dropped a controversial commercial attacking Supreme Court Nominee John Roberts. Conservatives said the ads attempt to link Roberts to a violent fringe group was unfair and untrue. NARAL Pro-Choice America (ph) says that it withdrew the ad because the controversy had become a distraction.

After a one-day delay blamed on a computer glitch, NASA launched its Mars reconnaissance orbiter from Cape Canaveral this morning. Once the spacecraft reaches the red planet in March, it's expected to gather more information about Mars than any previous probe.

Good morning. It is Friday morning. I'm Daryn Kagan at CNN Center in Atlanta. Let's get started.

It is just hours before the funeral of a prison guard who was killed in an escape attempt. The couple accused of the deadly ambush are appearing in court. It's supposed to happen any moment. George and Jennifer Hyatte face extradition hearings that could send them back to Tennessee to face murder charges. CNN's Alina Cho is outside the courthouse in Columbus, Ohio.

Alina.

ALINA CHO, CNN CORRESPONDENT: Daryn, good morning to you.

And those hearings, as you mentioned, are expected to begin at any moment here at the federal courthouse in Columbus. George and Jennifer Hyatte are expected to appear in court separately, and it is believed that Jennifer Hyatte will go first. Now, this morning we spoke to Hyatte's lawyer. He told us that he will advise his client to fight extradition. Of course, she could choose to reject that advice. But the main reason to fight extradition is this -- the state of Tennessee would then have to prove that the Jennifer Hyatte being held here in Columbus is the same Jennifer Hyatte being sought in Tuesday's escape and the murder of a corrections officer on Tuesday.

Each hearing, we should mention, is expected to last about 10 minutes. And we are going to go to the courtroom right now.

OK. We're looking at live pictures of the courtroom, I understand.

A little bit about the extradition process. Now, if the Hyattes decide not to the fight extradition, of course, the details will have to be worked out between federal and state officials, but essentially the state of Tennessee will have 10 days to bring them back to the state. The head of the U.S. Marshals service here in Columbus told me this morning that because the final destination in Tennessee is just 300 miles away, it is likely that the Hyattes will be driven and is likely that it will happen sooner rather than later. As early as today. And that is essentially because of the severity of the crime and because of the high-profile nature of it.

Indeed, the presiding judge in today's hearings, Judge Jennifer Brunner, has actually moved to a larger courtroom, 9B, to accommodate the media today. And, Daryn, us you mentioned, there will be a memorial service later today at 2:00 p.m. Eastern Time for that slain corrections officer, Wayne Cotton Morgan, a 56-year-old man, 28-year veteran of the corrections system. He will be remembered this afternoon in Tennessee and the governor of that state is expected to attend.

KAGAN: Alina, do they face any charge there in Columbus, Ohio?

CHO: They are facing state charges, in the state of Tennessee.

KAGAN: Right.

CHO: There for murder one, first-degree murder and, of course, for escape as well.

KAGAN: Right. So there would be no reason to keep them in Ohio? They wouldn't want to have first dibs there. They can, as long as they don't fight extradition, get them back to Tennessee to face the music, so to speak.

CHO: That's right. Absolutely. And again, the state of Tennessee, if they choose not to fight extradition, will have 10 days to bring them back. But -- although it's unclear whether it could happen today. It could happen as early as today, Daryn.

KAGAN: Alina Cho in Columbus, Ohio.

And Alina was saying, we'll go back live there as soon as that court proceeding begins there with George and Jennifer Hyatte.

Meanwhile, though, here in Georgia, a gunman shot and killed a police officer during a traffic stop just outside of Atlanta. He then traded gunfire with police and after being wounded charged into a post office. There he apparently shot himself after a two-hour standoff. It all took place in the tiny town of Pine Lake, home to about 600 people.

Now "The Fight for Iraq."

A roadside bombing north of Baghdad has killed a U.S. soldier assigned to Task Force Liberty. The attack took place near Tikrit earlier this morning. Near Kirkuk, two U.S. soldiers suffered injuries this morning's crash of their Apache helicopter. Both were airlifted to a hospital. The cause of the crash is under investigation.

In Baghdad, leaders are meeting to resolve matters that may jeopardize Monday's deadline for a new national constitution. An Iraqi presidential spokesman concedes there have been no breakthroughs on key issues that have been on the table for months. President Bush has said he expects the draft will be completed before Monday's deadline.

President Bush is standing firm on Iraq even as the war's toll looms just outside his Texas ranch. There is a mother of a soldier killed in Iraq and she maintains an anti-war protest and it is growing in size. Our White House Correspondent Suzanne Malveaux is at the White House with Mr. Bush's latest comments about this mother.

Suzanne, good morning.

SUZANNE MALVEAUX, CNN CORRESPONDENT: Good morning, Daryn.

Well President Bush, of course, putting a good face on all of this, saying that he is confident that U.S. troops are training these Iraqis. He believes the Iraqis are going to meet that Monday deadline to draft their constitution. He is also trying to reassure those anti- war protests there in Crawford that he understands their concerns. At the same time, he is making it clear, he does not believe that this is the time for U.S. troops to go home.

Now it was just yesterday he was having a meeting with his foreign policy and defense team at the Crawford ranch when he was asked about this directly, specifically about the protester who's really put a human face on this debate. That, of course, the mother, Cindy Sheehan. She lost her son Casey in the Iraq War. She's been camped outside of the Crawford ranch. Says she'll be there until the president comes out and meets with her. Yesterday President Bush said that he sympathized with her cause, he understood her plight but, at the same time, he fundamentally disagrees.

(BEGIN VIDEO CLIP)

GEORGE BUSH, PRESIDENT OF THE UNITED STATES: I thought long and hard about her position. I've heard her position from others, which is, get out of Iraq now. And it would be a mistake for the security of this country and the ability to lay the foundations for peace in the long run if we to do so.

(END VIDEO CLIP)

MALVEAUX: Now Sheehan says that she wants the troops to come home immediately. That essentially is her message. She responded to the president yesterday saying that a true sign of compassion would be to meet with her and the other families.

It's important to tell you, Daryn, however, the president has met with Sheehan before. It was last June that he met with her and a whole bunch of other families to express his grief and his sorrow. In fact, that there was - that this is a protest that has really gathered a certain sense of momentum and now there are at least, we are told, and perhaps as many as 100 people who are outside with her.

And there may be a circumstance that the president will see her face-to-face. That's when his motorcade leaves the Crawford ranch to go to a barbecue, a fund-raiser, for the GOP. He may pass right by her campsite with those other protests.

And Daryn, I should also let you know as well, the president may not escape seeing her, as well as other Crawford residents. She in going to be in a 60-second spot, an ad on cable television, in the Crawford area. Essentially he's being handled by a public relations committee, a public relations company, if you will, and is also hooked up with this group called Gold Star Families for Peace. Those are other military families who've lost their loved ones.

Daryn.

KAGAN: Suzanne Malveaux live at the White House.

Suzanne, thank you.

Other national political news now. An abortion rights group has pulled its controversial ad that attacked President Bush's nominee for the Supreme Court. Conservatives had voiced outrage at the ad that linked John Roberts to violent anti-abortion activists. Even many supporters of abortion rights, including a prominent senator, criticized it as being unfair and untrue. Our Congressional Correspondent Ed Henry on Capitol Hill with this latest dust (ph) up.

Good morning, Ed.

ED HENRY, CNN CORRESPONDENT: Good morning, Daryn.

You're right, conservatives have been railing against this ad for days, saying that it's a vicious smear that distorted the record of Judge Roberts on this hot button issue of abortion. But ultimately, as you mentioned, it was not conservative criticism that finally got it yanked from the air. In fact, it was a scathing letter, in fact, from a senator, Arlen Specter, who is a Republican supporter of abortion rights. Normally an ally of this liberal group, NARAL, who put out a letter last night saying that he felt that this was such a blatant distortion of Judge Roberts' record that it needed to be pulled off the air. And he also said that he felt that NARAL was undermining the credibility of what he called the pro-choice movement.

Now the ad was aired on CNN and other networks charged that Roberts, as a young lawyer in the first Bush administration, had written a legal brief supporting a convicted bomber of an abortion clinic. That was a false charge. Also, the ad used footage from a 1988 abortion clinic bombing when, in fact, the case here actually was several years earlier than that one.

Now it's important to point out CNN also ran an ad by a conservative group, Progress for America, that was pushing back and defending Judge Roberts' record in this case and on the abortion issue in general. But the bottom line is that while this ad has been pulled, allies of Judge Roberts are quite frustrated because they feel the damage may already be done, in addition to the fact that this ad has been running for several days. There also has, obviously, been a lot of free media attention about this controversy.

Daryn.

KAGAN: Ed Henry, the question of the day has to do with a key Washington lobbyist landing in hot water. Who is Jack Abramoff (ph) and why do people outside of the beltway care about what happens to him?

HENRY: Well, late yesterday this lobbyist was indicted on charges of bank fraud and conspiracy down in Florida. But I can tell you, there were some Republicans feeling the heat all the way up here to Washington. And that's because in this case, Abramoff was such a close ally of many powerful Republicans, and some powerful Democrats it should be pointed out as well, that in this case involving some casino boats, there have been allegations that, in fact, some of the money was used by the lobbyists to raise money here in Washington, campaign money, for powerful Republicans.

Also a second grand jury here, based in Washington, not in Florida, is investigating allegations that, in fact, Abramoff, the lobbyist, was showering all kinds of improper gifts on various lawmakers, including House Majority Leader Tom Delay in the form of expensive meals, sporting tickets and also expensive foreign trips. Tom Delay, the key figure in all of this, who is very close to Jack Abramoff, has consistently denied wrongdoing. And again, it's important to point out that in this indictment down in Florida, Tom Delay, no other lawmakers are mentioned at all.

Daryn.

KAGAN: Ed Henry on Capitol Hill.

Ed, thank you.

Our eyes are focused on Columbus, Ohio, this morning, waiting for a hearing involving George and Jennifer Hyatte, the two fugitives accused of staging a prison escape and killing a prison guard in Tennessee. They are facing an extradition hearing out of Ohio this morning. When that begins, you'll see that live here on CNN. Meanwhile, it looks like the pain at the pump isn't easing any time soon but it's not stopping some motorists. Look at those prices, $3.29. I bet that's San Francisco. Union Street. Yes, it is. OK.

Still to come on CNN LIVE TODAY, forking over the cash for high- priced fuel.

Also ahead . . .

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Fantastic personal experience. You know, I've never seen anything like that and neither has anybody else.

(END VIDEO CLIP)

KAGAN: The crew of the space shuttle Discovery talks to CNN about their experience in orbit.

And later, it's a mother's warning. Watch where you're going! Oh! Yeah. That hurt as much as it looked like it did. We'll tell you the story behind this major league mishap just ahead. Whew!

(COMMERCIAL BREAK)

KAGAN: Watching live pictures once again. This is Columbus, Ohio, awaiting the extradition hearing for the Tennessee fugitives, George and Jennifer Hyatte. We expect both of them to appear in this courtroom and eventually be sent back to Tennessee to face first degree murder charges. When that begins, you'll see that live right here on CNN.

Meanwhile, let's focus on some weather news and the biggest fire now burning in Washington state. It has charred 42,000 acres near Pomeroy. That's in the eastern part of the state. It's also destroyed at least 49 homes. The state's governor has declared a wildfire emergency which mobilizes more state resources and puts the National Guard on alert.

Weather a big part of fighting any kind of forest fire. Rob Marciano taking a look at the west and the whole country.

Good morning.

(WEATHER REPORT)

KAGAN: NASA officials say they don't know why the space shuttle drops foam during launch but they are making it a priority to figure this one out. Earlier on CNN, Discovery Pilot James Kelly spoke about the effect of Columbia's 2003 re-entry disaster on this recent shuttle mission.

(BEGIN VIDEO CLIP)

JAMES KELLY, DISCOVERY PILOT: Their re-entry became much more of a focus for our flight post-Columbia. And the one benefit that we had, obviously, that came from their sacrifice was the capability to look at our vehicle and make sure that it was good to re-enter on land. And so we expected it to go smoothly and it did.

But I realized there was a collective sigh of relief all around the country. And I've heard stories from many family members of all the hopes and prayers and thoughts coming around the country. And we really felt those onboard. And so thank you to everyone in America that was thinking about us as we came back and helping us make it home.

(END VIDEO CLIP)

KAGAN: The shuttle program was put on hold after Discovery shed insulating foam during its recent launch. A NASA investigator says the agency plans to modify the shuttle's fuel tank and fix the foam problem before resuming its flights.

Prices are going higher and higher and motorists are digging deeper and deeper into pockets. We're talking gas prices. Oh, look at those numbers. Coming up, a look at how much some people are paying at the pump. Not to completely worry. Why? Because we have Gerri Willis here for some gas budgeting tips.

GERRI WILLIS, CNN CORRESPONDENT: You bet ya. Hey there, Daryn.

If you're afraid $3 a gallon is coming to your town, "Five Tips" is next.

(COMMERCIAL BREAK)

KAGAN: Just what you did not want to here from us, gasoline prices are up again today. AAA Motor Club reporting that the national average price of gasoline, this is regular self-serve. Are you ready? $2.41 a gallon. Now crude oil is trading at record highs. Experts predict gas price are just going up from here.

How can you protect your wallet? By tuning in to Gerri Willis and her "Top Five Tips."

Hi, Ger.

WILLIS: Hey, Daryn.

This is not good news for consumers.

KAGAN: No.

WILLIS: But we have some solutions.

KAGAN: OK.

WILLIS: Tip number one, forget your customer loyalty. If you're always driving into buddy's self-serve and you're loyal to them, he may be charging you as much as 20 cents a gallon extra. That could be $24 a month that you're paying that you don't need to. Shop around. Go to gasbuddy.com or gaspricewatch.com to find the cheapest gas in town. KAGAN: Incentive also to be a good driver.

WILLIS: Well, you know those people who like speed up and then brake really hard that it drives you crazy when you're around them on the road. Guess what, they're spending extra gas - extra money on gas. It costs them as much as 80 cents a gallon. So if you drive a little more normally, you save money and slow down because, if you're driving well over the speed limit, you're spending extra dollars, too.

KAGAN: Spending money on a tune-up could help you save on gas.

WILLIS: Yes, it improves your gas mileage by as much as 4.1 percent. In fact, you want to make sure everything about your car is working optimally. You might want to have a checkup of all systems of the car just to make sure everything's working as it should. Because the better it works, the less gas you use.

KAGAN: What about that super duper premium extra expensive gas? Do you need to put that in your car?

WILLIS: You know, you may love premium ice cream but you do not necessarily need to have premium gas. Keep in mind that it's costing you almost a quarter extra a gallon, according to national averages. But you should check your driver's manual rules because the likelihood is you don't need it. Less than 10 percent of all cars require premium.

KAGAN: Good to hear. I'm not giving up my premium ice cream. No way.

WILLIS: That's all right with me.

KAGAN: And I'm not giving up the vacation, but you say leave some things at home.

WILLIS: Right. If your doing a driving vacation and you want to save on gas this year, you've got to get people to pack less. For example, if you've got an extra 100 pounds in that car in the trunk, it decreases your efficiency by 2 percent. Also, take the stuff off the top of the car that you've got latch on to the roof because that reduces your fuel efficiency as well.

Daryn.

KAGAN: All right. There goes the kayak. It stays at home.

Thank you, Ger.

WILLIS: You're welcome.

KAGAN: Still to come, more on gas prices. We're going to tell you why you're seeing the big price hikes and if there's any relief in sight.

And the headache continues at Heathrow. Just be glad you're not here. Thousands of airline passengers stranded. A look at if and when they're going to make it to their destination.

(COMMERCIAL BREAK)

KAGAN: And that is Jennifer Hyatte. We're in Columbus, Ohio. This is her extradition hearing back to Tennessee. Let's listen in.

UNIDENTIFIED FEMALE: (INAUDIBLE).

UNIDENTIFIED MALE: Yes, Your Honor. We wish to wave all client's present - presents today in the courtroom if that would be at all possible.

UNIDENTIFIED FEMALE: I do think (INAUDIBLE) and under (INAUDIBLE) mandatory hearing that is required when their husband requested for extradition. As I see it, under the statutes, the court is required to return the person who's desired by another state (INAUDIBLE) right on extradition and I don't believe the court is carrying out these duties under the statue if the accused were not here in the courtroom (INAUDIBLE). So I think it's best on your part to comply with the requirements of the statue that she be here in the courtroom.

UNIDENTIFIED MALE: Thank you, Your Honor.

UNIDENTIFIED FEMALE: Thank you.

I wanted to make known to Ms. Hyatte that she has been charged with first-degree murder for a crime alleged to have been committed in the city of Houston, county of Rome (ph), in the state of Tennessee. And Tennessee has requested her extradition by the state of Ohio.

Now, she is entitled to be informed of the charges that are against her in the state of Tennessee and also with the right to have counsel. And she has been appointed counsel, which is (INAUDIBLE). Normally these matters are handed by a duty (ph) public defender of the court. But since it appears that these two persons, herself and George Hyatte, are co-defendants in a matter of the court, we went ahead and allowed the duty prosecutor to represent Mr. Hyatte and did appoint (INAUDIBLE) to represent Mrs. Hyatte.

She does have a right to request that there actually be a warrant issued by the governor, or she can waive that right and agree and consent to be returned to the state of Tennessee. (INAUDIBLE), is there -- has your client made a decision about what she wishes to do?

UNIDENTIFIED MALE: Yes she has, Your Honor. And we are requesting that a warrant be issued by the governor of the state of Tennessee.

UNIDENTIFIED FEMALE: The court is required to take a reasonable time, within 30 days. What I will do is I will continue this hearing to September the 8th at 9:00 a.m. now this is ordinarily a matter (INAUDIBLE) by the duty judge of the court. So whichever judge is the duty judge at that time will be able to hold a hearing. In the meantime, as I read the statute, under 2963.07, the governor will issue the warrant if he is satisfied that she is the person who is wanted by the state of Tennessee and is satisfied with the information that Tennessee has sent.

And it may or may not be necessary to hold a subsequent hearing. I believe that the practice of our court is to hold a subsequent hearing so that the accused is afforded all the information that the governor has in order to issue the warrant. And the warrant then is delivered to the appeals (ph) officer of the state who is then entitled to deliver the person accused to an appropriate agent of the state of Tennessee.

So once the warrant is attained and served, it's my understanding the state of Tennessee will have ten business days to pick her up and return her to Tennessee. Counsel, is there any other matter we need to deal with?

UNIDENTIFIED MALE: No, Your Honor.

UNIDENTIFIED MALE: There is one more matter, Your Honor. We would request that a reasonable bond be set in this case.

UNIDENTIFIED FEMALE: Thank you. The court researched the offense of first-degree murder in the state of Tennessee, and that section, which was cited to the court, is Tennessee code annotated 3913-202, which is first-degree murder, which is what does appear in the information from Tennessee. And according to the statutes from Tennessee, the first-degree murder charge is defined in various ways, but it is a penalty, or it is an offense that is punishable by death, by life in prison, by life in prison without parole. And that's according to (INAUDIBLE) sections 3913-204 and 206.

As result, the Ohio statute indicates that when it comes to bail, 2963 (INAUDIBLE) code that when the offense is punishable by death or life imprisonment, that there is no provision for bond. So she will be held in the Franklin County Jail until there is a properly issued warrant from the governor of the state of Ohio to a peace officer here in the state authorizing and turning her over to the region of Tennessee.

UNIDENTIFIED MALE: Thank you, Your Honor.

KAGAN: And so there you see Jennifer Hyatte, looking very different than we looked at her picture over the days that she was on the run from Kingston, Tennessee. We had heard from the cab driver that took her and George Hyatte from Kentucky to Columbus, Ohio, that she had cut her hair and that it was darker. And, indeed, that appears to be the case.

So her attorney there asking for a formal warrant be issued from the governor of Tennessee. It looks like there might be a slight delay, perhaps as long as ten days, in getting her back to Ohio to face first-degree murder charges. Also, her attorney requesting a bond be set. But the judge saying that since she does face first- degree murder charges in Tennessee, that that was not possible. So she will be held in the county jail until she is sent back to Ohio.

Still waiting for a similar hearing -- extradition hearing -- to take place for her husband George Hyatte. When that begins, we'll also watch that live here on CNN. Right now, a quick break.

(COMMERCIAL BREAK)

KAGAN: Focusing now on Columbus, Ohio. We were just watching an extradition hearing live here on CNN concerning Jennifer Hyatte.

Our Alina Cho is at the courthouse there in Columbus. It looks like, Alina, that Jennifer Hyatte will be staying in Ohio at least for the next few days?

CHO: Certainly until September 8th. That is when the next hearing will be held at 9:00 a.m. here at the federal courthouse, Daryn.

It appears as though Jennifer Hyatte, as we expected, according to her lawyer, wants to fight extradition. Her lawyer says she is requesting that the governor of Tennessee issue a warrant for her. Now, the reason why she would fight extradition is this -- the state of Tennessee would then have to prove that the Jennifer Hyatte being held here, the Jennifer Hyatte that you saw here in the courtroom today, is the same Jennifer Hyatte being sought in the murder of a corrections officer in Tennessee during that daring escape of George and Jennifer Hyatte on Tuesday, Daryn.

Of course, in the courtroom today, you saw a very different Jennifer Hyatte from what we are used to seeing in those wanted photos that we've seen over the past week or so. Her hair is much shorter, dark now. She looked quite shocked to be in the newsroom, by my estimation. Her hands clasped because they were handcuffed. And she was in a tan prison jumpsuit.

What we do expect to the follow in the next few minutes is the hearing of her husband, George Hyatte, an extradition hearing. We are not certain whether his lawyer will also try to fight extradition. I'm not sure what we're looking at right now.

KAGAN: Well, let me just jump in and help you here. We're looking at his attorney. This is George Essex (ph). Let's listen in for a little bit and see where we are in the procedure.

UNIDENTIFIED FEMALE: ... requires that the court does inform him of his rights and I don't believe the court (INAUDIBLE) adequately do that. When we go through the constitutional rights, he does deserve a face-to-face hearing on this. (INAUDIBLE) so he will get (INAUDIBLE).

UNIDENTIFIED MALE: Thank you, Your Honor.

KAGAN: It appears right now they're going to go ahead and bring in George Hyatte. There he is, coming up to the table. And it sounds like we're going to go through a similar type of procedure as we just did with his wife Jennifer. Let's go ahead and listen in once again to this courtroom in Columbus, Ohio.

GEORGE HYATTE: We're not going through this day every either. I can't (EXPLETIVE DELETED) feel my hands.

UNIDENTIFIED MALE: (INAUDIBLE)

HYATTE: How you going to get a (INAUDIBLE).

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED MALE: I have indicated to the court what my preference is. If the court wants to allow me a couple of minutes to have him do something with his (INAUDIBLE) counsel, then that's fine.

UNIDENTIFIED FEMALE: Let us call the case so we can have this on the record. This is case number 05 (INAUDIBLE). This is in the matter of the request for extradition from the state of Tennessee (INAUDIBLE).

UNIDENTIFIED MALE: (INAUDIBLE) the state of Ohio.

UNIDENTIFIED MALE: Robert Estes (ph) on behalf of Mr. Hyatte.

UNIDENTIFIED FEMALE: Mr. Hyatte, the court's been advised that it's unlikely that you would make the extradition hearing (INAUDIBLE) from the governor's office, that you would be entitled to (INAUDIBLE) return the state of Tennessee. It appears that maybe you and the counsel have a difference of opinion here. Would you like a moment with your counsel to go over this one last minute (INAUDIBLE)?

HYATTE: I don't want to (INAUDIBLE)

UNIDENTIFIED MALE: Do you want to go back to the room?

HYATTE: I'm not going anywhere (INAUDIBLE) without her.

UNIDENTIFIED FEMALE: Why don't you two go back (INAUDIBLE)

HYATTE: I just -- I don't want to. I don't want to. My wife didn't, right? I don't -- whatever.

UNIDENTIFIED MALE: He does not want to.

UNIDENTIFIED FEMALE: You don't want to waive?

HYATTE: No.

UNIDENTIFIED FEMALE: All right. Well, let me go over with you -- you have been charged with first-degree murder.

HYATTE: Yes.

UNIDENTIFIED FEMALE: In the state of Tennessee. This is in the city of Kingston, the county of Roane, in the state of Tennessee. The offense of first-degree murder in the state of Tennessee is an offense according to the statutes, as I read them today, that can be punishable by death, by life imprisonment or by life imprisonment without parole. And you do have a right of personal accountability (ph), which means you have Mr. Estes (ph) here who has been representing you and will continue to represent you. And you have a right to receive the charges that I have supplied with that information.

Ordinarily, the governor would be required to review the information from Tennessee, feel satisfied that it is correct,and then issue a warrant to an appropriate peace officer here in Ohio, ordering that peace officer to turn you over to the agent from the state of Tennessee.

Now, under the statute here in Ohio, the governor has 30 days to issue that warrant, and according to Ohio law, because of the offenses of which you've been charged in Tennessee, there is no ability for (INAUDIBLE) to offer bail in the interim between now and when the governor's warrant was issued. So what that means is you would be held in the Franklin County Jail, assuming that the governor's warrant is issued within 20 days. This will be set for subsequent hearing on September 8th. It is generally the practice of this court to hold that subsequent hearing and the governor's word is likely to be issued by that time. Of course, we cannot predict or give any opinion on what the governor would do or what the governor should do, but the court also has the authority under the statute, that if there is no governor's warrant at this hearing date, or within 30 days, the court may extend the period of time on it for 60 days so that it's possible that you could be held (INAUDIBLE) for a 90-day period, after which, (INAUDIBLE) would issue, the state of Tennessee would have 10 business days to come to Ohio to have you delivered to them to pick you up and take you back to Tennessee.

So these are your rights. And if you wish to waive those rights and consent to be returned to the state of Tennessee, the court can do that. There is a form which you would sign. Otherwise, if you refuse and you wish for a governor's warrant to be issued, the court will go ahead and extend this hearing date to September 8th, at which time we'll see where we stand with the governor's warrant. What do you wish to do? Do you want to speak to your counselor?

HYATTE: No. Just do whatever my wife did.

UNIDENTIFIED MALE: You do not want to waive extradition at this time?

HYATTE: Whatever my wife did, that's what I'm going to do.

UNIDENTIFIED MALE: He does not wish to waive at this time.

UNIDENTIFIED FEMALE: Thank you.

(CROSSTALK)

UNIDENTIFIED FEMALE: Thank you.

KAGAN: And that's the end of the second extradition hearing. That one for George Hyatte, a very agitated George Hyatte, not happy about the restraints, and we apologize for any kind of expletive that got out, but that is live television, wearing additional and additional hand restraints. This is a man who has escaped allegedly escaped five different times from custody. Our Alina Cho is outside the courthouse. Sounds like these two still want to be in the same place, George and Jennifer Hyatte. He just wanted to do whatever his wife was doing, when it seemed like when he first came into the courtroom, he wanted to be sent back to Ohio right away -- back to Tennessee?

ALINA CHO, CNN CORRESPONDENT: Right, but it appears now that both George and Jennifer Hyatte will be fighting extradition, Daryn, and, indeed, the judge appears to have set a future court date of September 8th, 9:00 a.m. Here. And that does make sense, because the state of Tennessee does have 30 to 60 days to present evidence that these are, in fact, the same people they are looking for in the state of Tennessee in the escape, and of course the murder of a correction's officer.

You know, normal procedure, generally, is that inmates and fugitives at this time waive extradition, and in those cases, they are sent right back to the state, in this case, Tennessee. It was thought that that could have been a possibility. The state of Tennessee would have then had up to 10 days to bring them back to the state, and, of course, those details would have been worked out, but now it appears, Daryn, that both George and Jennifer Hyatte will remain here in Ohio for about the next month or so.

KAGAN: All right. And then on to Tennessee to face some very serious first-degree murder charges. The prison guard that was killed in that escape, funeral services being held later today.

Alina Cho in Columbus, Ohio. Thank you for that.

KAGAN: A lot more news for us to get to this morning. We'll do that after this break.

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KAGAN: I want to take our viewers live, not too far from here in Atlanta, to show you a story we're following out Gwinnett County, north of Atlanta, a river rescue taking place. Searchers looking for a man. This is the Chattahoochee River that they're looking for, and it's Jones Bridge Park. Not a lot known about the exact search. I can just tell you this is a park popular for boaters, boaters like kayaks and canoers. Also there's a hiking trail. A search going on for a man in the Chattahoochee River.

We'll continue to follow that out of Gwinnett County, Georgia. Now a break and we're back after this.

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MARK WAHLBERG, ACTOR: No need to grab me! This will only take a second. My name's Bobby Mercer. Some of you probably knew my mother. And some of you probably know that she was shot about a week ago across the street.

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KAGAN: A new movie from director John Singleton. It's called "Four Brothers." It's one of the films opening at theaters this weekend.

For a look at what's new at the movies, let's check in with Mr. Moviefone, Russ Leatherman, in L.A. Russ, good morning.

RUSS LEATHERMAN, MR. MOVIEFONE: Good morning to you, Daryn, how are you?

KAGAN: I'm doing great. I'm excited to do things a little bit differently. We're go through a list of movies. You're going to say how much you would pay to see that movie.

LEATHERMAN: Well, we're in the summer clearance of movies, right?

KAGAN: Right.

LEATHERMAN: And what do other retailer do when trying to move stuff off the shelves?

KAGAN: They bring down the price.

LEATHERMAN: They put them on sale, right?

KAGAN: Yes, that's right.

LEATHERMAN: So I think that should happen at the movie theaters. It's probably never going to happen, because you're going to end up paying full price for "Deuce Bigalow: European Gigolo."

KAGAN: No. Let's start with "Four Brothers." How much would you pay to see the clip that we just saw?

LEATHERMAN: You know what, I'm paying $6 for this movie. I liked it. I don't know that it's worth the full price, but you have Mark Wahlberg. He's a good actor, really doing a good job. You've got Tyrese Gibson. He's good in this movie. It's about these four brothers, two black, two white, they come together because their mother is dead. So they come together for the funeral, but come to find out she's been murdered. So they go to exact revenge on the guys who did it.This is a John Singleton movie. He's a good director. You have good actors. It's not great, but $6. That's what I'm paying.

KAGAN: OK. "Skeleton Key," the new Kate Hudson movie.

LEATHERMAN: Well, Kate Hudson goes to work in "The Louisiana Bayou" as a caregiver, and comes to find out it's a big haunted mansion, and there's hoo-doo going on in this house. I guess that's voo-doo with an "h." I'm paying $4 for this movie. We've seen it 100 times over the last couple years. It's from the writers of "The Ring." And really, it's $4. That's all I'm going to pay. KAGAN: "Deuce Bigalow II." Would you pay money to stay home?

LEATHERMAN: That's a good question, Daryn. You know what, Deuce is back, he's peddling his man flesh again, and there are certain people who will pay full price for this. I'm not one of them. I'm in for maybe two bucks. But that's it. Not a penny more.

KAGAN: And, finally, "Grizzly Man." This one -- this is a strange documentary.

LEATHERMAN: This is a movie that you can pay full price for. It's an unbelievable documentary about Timothy Treadwell, the guy who went to live with the grizzlies. He was really -- he was an actor. He was eaten alive by Hollywood, so he went to live with the wildlife and we come to find out, they ate him alive, too. But it's an amazing documentary by Werner Herzog. You're going to like this one. It's fantastic. Go check it out.

KAGAN: OK. We'll see after we see the penguin movie. Thank you, Russ. We'll see you next week. Our time is short.

LEATHERMAN: Bye, Daryn. Have a great weekend.

KAGAN: You -- thank you.

You can keep your eye on entertainment 24/7 pointing your Internet browser to CNN.com/entertainment. Among the highlights you'll find there, the latest on movies, music and more.

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KAGAN: No matter how bad of a day you might have had yesterday, I guarantee you, it was better than Tiger Woods' day at the PGA Championship. How's he doing today? Let's check in with Larry Smith. Hey, Lar.

LARRY SMITH, CNN SPORTS CORRESPONDENT: Hey, Daryn, how are you?

Tiger will tee off at 1:30 this afternoon. And certainly today, well, it's a new day for Tiger. Let's put it that way. His Thursday, as you mentioned, was -- well, not a round he would like. Five over par 75, his worst opening round ever in a major. Tiger tied for 113th place coming into today's second round. But that will garner no sympathy from his rivals.

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PHIL MICKELSON, TIED FOR 1ST ROUND LEAD: If you're looking for me to shed a tear, it's not going to happen.

TIGER WOODS, 5 OVER PAR IN 1ST ROUND: You know, it's a process. You know, the guys aren't going to go out there and shoot 63s every day. And I got to stay patient and build on it, each and every day, and just kind of make sure I just keep chipping away towards under par for the tournament. JERSPER PARNEVI, 2 UNDER PAR IN 1ST ROUND: Tiger shot what, two over starting at Augusta this year and you saw how that went. So you can never count Tiger out. Put it that way.

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SMITH: Phil Mickelson is the big story of this morning. He is already eight under par, five birdies and an eagle. He birdied that monster 17, eagled on 18. He's at eight under par, four shot lead, and, again, waiting for Tiger Woods to tee off at 1:30 and see what he can do this afternoon.

Let's go back to you.

KAGAN: A good start for the lefty. Phil Mickelson. Thank you, Lar. We'll see you in the next hour.

A lot more ahead in our next hour of CNN LIVE TODAY. We're talking more gas prices, a chance to ask an expert how much longer we're going to see these cost costs climb and how it could affect the market.

Plus, a drug that may have saved the life of a girl, 5-year-old Alexandra. The manufacturer isn't making it anymore. We'll tell you why, as the second hour CNN LIVE TODAY begins after this break.

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