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CNN Live Today

Military Tribunals; Recovery Effort Begins From Deadly Midwest Twister; President Bush in Panama

Aired November 07, 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: Let's go ahead and take a look at what's happening "Now in the News."
The U.S. Supreme Court has agreed to hear a challenge to the use of military tribunals for foreign terror suspects. The case is a major test of the Bush administration's wartime powers. Justices will decide whether a man said to be Osama bin Laden's driver can be tried before a military tribunal at Guantanamo Bay, Cuba.

President Bush and Mrs. Bush lay a wreath at a cemetery in Panama. This is a site where more than 5,200 canal workers and U.S. service members are buried. Panama is the final step on Mr. Bush's trip to Latin America. He visits the Panama Canal later today.

French authorities say a man beaten by an attacker during a riot north of Paris died today. His death is the first fatality in 11 days of violence around the country. Overnight, officials say rioters set fire to more than 1,400 cars and several buildings, including a preschool. Police made nearly 150 arrests.

A death row inmate who escaped from a Houston jail is due in court today in Louisiana. Police captured Charles Victor Thompson outside of a liquor store in Shreveport last night. Authorities say Thompson walked out of jail Thursday wearing civilian clothes and carrying a fake I.D. badge. The sheriff's department is now investigating what happened.

Buses, trolleys and trains in Philadelphia should be running again by this afternoon's rush hour. Labor leaders and transit officials have reached an agreement to end a week-long strike. The four-year deal gives transit workers a three percent pay raise each year. It calls for changes in health care benefits, including higher co-payments. It still has to be ratified by the rank and file.

Good morning. Welcome to CNN LIVE TODAY, our second hour. Let's check some of the time around the world -- 11:00 a.m., just after that, in Indianapolis, Indiana; just after 5:00 p.m. in Paris; and just after 7:00 p.m. in Baghdad.

From CNN Center in Atlanta, I'm Daryn Kagan.

Just in the past hour, the Supreme Court has announced it will consider a challenge to the Bush administration's military tribunals. A ruling could spell out the legal ground rules for the trials of enemy combatants.

Our Pentagon correspondent Barbara Starr joins me now with a look at the case.

Barbara, good morning.

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

A very complex legal issue, a lot of technicalities in all of this. But today the Supreme Court did agree to hear the appeal of a man from Yemen named Salim Ahmed Hamdan. He is the accused terrorist and driver for Osama bin Laden that has been held at Guantanamo Bay, Cuba, for some years now.

He is slated for a military tribunal under U.S. procedures and has been appealing the appearance before a tribunal. All of this revolves around the question of the legal rights that these detainees have as so-called enemy combatants, which is what the Bush administration has designated them as, versus as if they had been designated prisoners of war under the Geneva Convention.

Now, Hamdan has been appealing this. A federal court in Washington last year had ruled for him on some points, but also he has appealed this now to the Supreme Court, trying to get that crucial approval that he'd be designated a prisoner of war, presumably, so he would have more legal rights.

The Supreme Court agreed to hear the case. It is likely to actually hear it some time next year.

But consider this, it is going to get very interesting. It is expected that the court, for example, could potentially have a 4-4 tie, because it is expected that the new chief justice, John Roberts, would recuse himself from this particular case. When he was an appellate judge, he ruled on the Hamdan case.

So the defense lawyers are expected to engage in the strategy of seeking Judge Roberts to participate in order to try and avoid a 4-4 tie by the high court. If there was that tie, the lower court ruling against Hamdan that did come down might stand.

So a lot of complexities here. And, of course, if it is the fact that the court does not hear it until some time next year, we could have another new chief justice on the court, Samuel Alito, if he is approved by the Senate by that time.

So, a lot out there, but, nonetheless, no matter which way the court rules, what people are watching for is that they may decide on some new guidelines on how these detainees are treated -- Daryn.

KAGAN: Yes. Barbara, one little slip, and I know you know this. You're just trying to do all the facts. Sam Alito up to be associate justice, not the chief justice of the Supreme Court.

STARR: Indeed.

KAGAN: Yes. You've got a lot on your mind. Let me ask you -- let me ask you this about military tribunals. All this time has gone on, none have taken place. Is the military, though, set and ready to go, and know if they do get the green light what the format would be and how and where it would be run?

STARR: Well, they have been working on that for a long time down at Guantanamo Bay. They have basic -- the basic setup there, the courtroom, the procedures, everything in place they say, really, essentially, so that they can get started. But there are a lot of legal challenges to it. The Justice Department is handling all that for the Pentagon -- Daryn.

KAGAN: Barbara Starr at the Pentagon.

Thank you. Good to see you.

Now to the deadly Midwest tornadoes. Searchers spending the morning searching for possible survivors amid the destruction left by the twister. That storm killed 22 people in Indiana. Most of the fatalities was near a mobile home park near Evansville. Authorities say they don't have an exact count of people who may be missing, but they don't think anyone else is trapped.

(BEGIN VIDEO CLIP)

SHERIFF BRAD ELLSWORTH, VANDERBURG COUNTY, ILLINOIS: We do not expect to find that the people on the list are going to be found in this area. People walked out, people drove out, and there were people who were not home. At this point we don't have a definitive list. And we're adding those to the list.

(END VIDEO CLIP)

KAGAN: Now, most in the tornado's path were caught off guard when the twister struck before dawn yesterday. Many were asleep, unaware of the pending danger.

Our Miles O'Brien talked with a tornado survivor about that harrowing ordeal. Here now is part of that interview from earlier today.

(BEGIN VIDEOTAPE)

CASEY LOCKHART, SURVIVED TORNADO: Well, when I woke up, the -- it sounded like hail hitting the window, and then all of a sudden, the whole house just exploded, and then I was spun around a couple of times and all of the roof and all of the debris come in on top of me, and took me about half an hour to dig myself out. I finally got out of it.

MILES O'BRIEN, CNN ANCHOR: I'm sorry. So you awakened to the hail hitting the windows? You didn't hear anything before? No sirens, no thunder, no nothing?

LOCKHART: Oh, no. I live out in a rural community. There was no -- nothing. I woke up and the house was exploding, actually. O'BRIEN: And what...

LOCKHART: And all the house come in...

O'BRIEN: What was your thought?

LOCKHART: The house come in on top of me.

O'BRIEN: The house came in on top of you. What was your thought at that time?

LOCKHART: Living. Just staying -- just staying alive. It wouldn't have done any good. Wasn't any place to go.

O'BRIEN: Really? Wasn't any place to go. You had no shelter?

LOCKHART: I had a basement, but I'd have been dead if I'd have been in the basement or any place else in that House. I'd have been a dead man.

O'BRIEN: Really?

LOCKHART: Absolutely.

(END VIDEOTAPE)

KAGAN: I want to show you some new pictures we are getting in from Evansville, Indiana, pictures of folks going through the debris and seeing what they can find. I mean, it just looks like a total mess. Literally like a tornado went through there, which it did.

Let's bring Chad Myers in.

(WEATHER REPORT)

KAGAN: We are talking the cruise ship -- have you hear about this? A cruise ship attacked by pirates. It happened over the weekend. A little later in the show, I'm going to hear from a passenger that was on board that ship, and he's going to tell us his terrifying ordeal.

Plus, his escape from prison was a smooth operation. His capture, well, pretty ordinary. We have details on this death row inmate who eluded police for three days.

And President Bush is wrapping up his trip in Latin America. Live pictures there from Panama. We'll go live to the Panama Canal to visit with the president.

(COMMERCIAL BREAK)

KAGAN: President Bush is at the Panama Canal this morning. It is part of a day-long stop in Central America.

Our correspondent Elaine Quijano is traveling with Mr. Bush and joins me live. Hello, Elaine.

ELAINE QUIJANO, CNN WHITE HOUSE CORRESPONDENT: Hello to you, Daryn. Good morning.

President Bush is actually still behind me. We did have a live picture a moment ago, but I believe it's gone now. But the president, in any case, is continuing with his tour here along the Panama Canal.

Specifically, he is here at the Miraflores Locks. This is the first set of locks on the Pacific side of the Panama Canal.

But the president here on a goodwill mission, if you will, trying to strengthen the ties between Panama and the United States. The president touring the facility with the first lady, as well as the president of Panama, Martin Torrijos, and his wife.

Earlier today, the president sat down and discussed a number of issues, including free trade. Specifically, the two nations are hoping to move forward on a bilateral trade agreement, but Mr. Bush says that Democrats are standing in the way of progress on that front.

Mr. Bush was also asked about reports of secret U.S. prisons in other countries, and here's how Mr. Bush responded.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We are finding terrorists and bringing them to justice. We are gathering information about where the terrorists may be hiding. We are trying to disrupt their plots and plans.

Anything we do to that effort, to that end in this effort, any activity we conduct is within the law. We do not torture.

(END VIDEO CLIP)

QUIJANO: And behind me now we do have a live look at President Bush as he moves through here and concludes -- or it looks like he is in the process of concluding his tour here at the Panama Canal. Mr. Bush and U.S. officials have praised the Panamanian government and people for their stewardship of this canal, which they say is essential, not only for the Panamanian economy, but for the world economy.

The president today will be meeting also with Panamanian baseball players as part of his visit before he returns to the United States later today -- Daryn.

KAGAN: Elaine Quijano, live from Panama.

Elaine, thank you.

The president's visit to the Panama Canal has some of us remembering concerns from the past. Among them, that handing over control to Panama could lead to less efficiency and possible maintenance problems. Well, it's been, believe it or not, nearly six years since the official handover.

Here now, an update.

(BEGIN VIDEOTAPE)

BETTY NGUYEN, CNN CORRESPONDENT (voice over): The Panama Canal is busier than ever. Traffic through the 51-mile waterway was still on the increase last year. More than 14,000 vessels carrying 203 million metric tons of cargo. That's an average of 40 ships per day.

The average toll for the nine-hour canal crossing is about $54,000. Large ships pay by the amount of cargo they're carrying. Smaller vessels pay anywhere from $500 to $1,500 for passage.

Business is so good that the Panama Canal is nearing its maximum capacity. The canal administration has invested nearly $1 billion to help increase that capacity, and competitors are even pushing proposals to create another canal in Nicaragua or maybe even Mexico.

(END VIDEOTAPE)

KAGAN: A dangerous fugitive back in custody. The big red letters say it all, "CAPTURED." How it happened, coming up next.

(COMMERCIAL BREAK)

KAGAN: A court hearing is expected today for escape convicted murderer Charles Victor Thompson. Police say he was captured last night on a pay phone and was apparently drunk outside of a liquor store in Shreveport, Louisiana. That's more than 200 miles north of Houston, where authorities say Thompson walked out of jail on Thursday wearing civilian clothes and carrying a fake I.D. badge.

Earlier today on CNN, our Miles O'Brien spoke with us -- actually spoke with a U.S. marshal about the capture.

(BEGIN VIDEOTAPE)

O'BRIEN: Just how drunk was he?

MICKEY RELLIN, U.S. MARSHALS: Well, I imagine he was a little bit more drunk before we got there, because we kind of put a little scare on him on our approach.

O'BRIEN: Sobered up a little bit when he saw you. Yes, well, the U.S. Marshals...

RELLIN: Just a very little, yes.

O'BRIEN: ... would have a way of doing that. And I don't want to make light of this. This is a man who was on death row in Texas, and...

RELLIN: Yes, he was.

O'BRIEN: But there is an odd twist to this that someone as obviously clever as this, criminally clever to worm his way out of that jail in Houston, would ultimately be caught this way.

Does that surprise you?

RELLIN: No, not at all. That's -- that's -- that's who they are. They just sometimes let their guard down. And we never give up.

O'BRIEN: And you never give up. That's an important thing.

He had to have some help, don't you think? I know he didn't ride his bike 200 miles. How...

RELLIN: Well...

O'BRIEN: ... how did he get to where he is? Do you have anything that you can help us piece together the story here?

RELLIN: Not -- not as of yet. We're still conducting that investigation.

O'BRIEN: All right. Mickey Rellin, congratulations. Good arrest. Pull back there and we'll show the team one more time, because they deserve a little bit of credit.

RELLIN: There we are.

O'BRIEN: You and the team, they pulled back. There they are. Everybody's safe and sound, and we're glad he's back behind bars. And we hope that in Shreveport and wherever he ends up they're watching him closely.

Mickey Rellin of the U.S. Marshals Office, good job.

(END VIDEOTAPE)

KAGAN: Well, and there's this bit of information. The U.S. Marshals Office had offered a $10,000 reward for information leading to Thompson's arrest. We will have to see who, indeed, will get that reward.

To Florida now. A closely-watched murder case is under way this morning. Auto mechanic Joseph Smith could face the death penalty if he's convicted in the death of 11-year-old Carlie Brucia. Police identified Smith, who is the father of three girls, from a 10-second security camera clip. It shows a man taking Brucia's arm and leading her away.

Smith says he's not guilty. Our Susan Candiotti is following the trial from our Miami bureau.

Susan, good morning.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hi, Daryn.

A heartbreaking crime all of us remember, in particular, from that surveillance tape, which apparently captured the kidnapping of 11-year-old Carlie Brucia of Sarasota, Florida. You'll remember that happened on Super Bowl Sunday. At the time, the little girl was taking a short cut home after spending the night with some friends.

As she went through the parking lot of a car wash, as seen on this videotape, according to police the suspect who is now charged by the name of Joseph Smith took her by the arm. The question is, what did he say to her when he looked her in the eye and then led her away by the wrist? She appeared to give him no trouble as she walked away with him.

As it turns out, her body was found three days after all of this happened.

Now, at this time in court, the prosecutors have wrapped up their opening statement. And at this time, the defense is beginning its opening statement.

However, during the prosecutor's opening statement, we learned some new information. The prosecutors have now said, for the record, that Joseph Smith, the suspect here, in their words, confessed to his brother and eventually his mother about what he had allegedly done to Carlie Brucia. That he had abducted her, raped her and then strangled her.

The prosecutor said that Joseph Smith called his brother on his cell phone from the jail cell while police were supposedly present and told his brother where the body could be found. Therefore, they led police to her body, which was several miles away from where she had been abducted. She was found in a field behind a church, left along a tree line.

And the defendant also allegedly told his brother that he had strangled the little girl and, in fact, the prosecutor said that they found a mark on her neck, that the suspect had also allegedly left behind DNA evidence on the little girl's blouse.

Now, again, it is up to the defense to begin their opening statement and explain their version of what they say occurred. It is expected, Daryn, that this trial could go on for a couple of weeks.

Back to you.

KAGAN: And we are watching live pictures from inside the courthouse there. You know, all the way around, a tragedy, especially for this little girl's family.

Susan, thank you.

Susan Candiotti live from Miami.

International news. OK, picture this: you're on a wonderful cruise vacation, enjoying an evening sail, and then the pirates attack? Yes, pirates. That's what happened off the African coast.

You'll hear the scary account from one of the passengers. That's coming up next on CNN LIVE TODAY.

(COMMERCIAL BREAK) KAGAN: Let's take a look at what's happening "Now in the News."

French politicians this morning vowing to put an end to a wave of lawlessness. An 11th night of rioting hit Paris and other cities across the country. Officials report the first riot fatality today, a 61-year-old man beaten by an attacker north of Paris.

Rescuers in Indiana say they no doubt will find -- they doubt, actually, that they're going to find more tornado victims. The twisters cut a gash through the countryside early Sunday, killing at least 21 people. Most of the dead lived in a mobile home park.

Gas prices have tumbled nearly a quarter since Halloween. The Lundberg Survey found the average for a gallon of self-serve regular was $2.43 nationwide. Analysts expect prices to drop more, but this time at a slower pace.

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