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Moussaoui Disrupts Court Hearing; Target Forensic Team Tackles Various Crimes; Sentencing Hearing Begins for Carlie Brucia's Convicted Killer

Aired February 14, 2006 - 10:30   ET

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

DARYN KAGAN, CNN ANCHOR: We are following several developing stories in this morning's "Security Watch."
The only person facing U.S. charges in the September 11th terror attacks has once again disrupted his court hearing. Just minutes ago, Zacarias Moussaoui was removed from a federal courtroom in Virginia, where a hearing was being held on the logistics of his case. Potential jurors are scheduled to be questioned tomorrow. Moussaoui has confessed to conspiring with al Qaeda. He interrupted his last hearing four separate times with outbursts.

And Kelli Arena is actually there at the courthouse and she will be with us live in just a moment.

Sacramento, California. Jury selection gets underway today in the federal terrorism case against a father and son. Federal prosecutors say the younger man attended an al Qaeda training camp in Pakistan, but both men lied about it. Investigators also say the 23- year-old son returned to the U.S. with plans to attack hospitals and supermarkets. The men will be tried together, but judged by separate juries. Both have pleaded not guilty.

A Thursday court hearing is scheduled for two federal air marshals implicated in a drug smuggling sting. Prosecutors say that Shawn Ray Nguyen and Burlie Sholer accepted 15 kilograms of cocaine and $15,000 in cash. According to the charges, the men agreed to transport the drugs on Houston to Las Vegas flight. As air marshals, they get to bypass security. Nguyen is expected to plead not guilty; the other suspect has not yet hired a lawyer. Both men were hired in 2002 after the post-9/11 expansion of the program that provides in- flight security.

Be sure to stay tuned to CNN day and night for the most reliable news about your security.

Different types of security now to talk about. More law enforcement agencies are heading to target, not to go on the shopping aisle like we like to do, but they're going behind closed doors in hopes of catching criminals.

CNN's Jonathan Freed has that story.

(BEGIN VIDEOTAPE)

JONATHAN FREED, CNN CORRESPONDENT (voice-over): Minneapolis, July 2004. Murder at a convenient store, caught on the store's security camera. The killer would eventually be sentenced to life in prison, thanks to the help of a team of forensic experts tucked away in a crime lab, protected by walls of security.

UNIDENTIFIED MALE: Entered into the parking lot from this side.

FREED: They've got the latest crime solving technology at their command, and they work for Target. Yes, that Target.

BRAD BREKKE, ASSET PROTECTION, TARGET: Many of our cases end up in court, so we wanted to maintain the same standards law enforcement maintains.

FREED: Brad Brekke is ex-FBI and heads up the discount retailer's asset protection program at Target's headquarters in Minneapolis. Due in part to its size -- 1,400 stores in 47 states -- Target says it can become a target for everything from theft to fraud to personal injury cases.

Like the time in California a shopper slipped and then sued. Using video analysis done in its crime lab, Target convinced a jury that a wet spot on the floor wasn't ignored by an employee, but was caused right before the accident by another shopper's spilled drink.

BREKKE: There's multiple uses for this products, video analysis or computer analysis or others.

FREED: Well, word got out about Target's forensic team and over the last couple of years, the labs helped solve cases that had nothing to do with Target, at the request of dozens of law enforcement agencies across the country -- local, state, even the Secret Service, the ATF and the FBI. All of it for free.

(on camera): Do you ever get the reaction of wait a minute, what is Target doing here dealing with this?

BREKKE: Yes, initially sometimes. Actually less now.

FREED (voice-over): Target sees crime fighting as a brand of community service.

NATE GARVIS, GOVERNMENT AFFAIRS, TARGET: We have extended the concept of safeness well beyond the walls of our store.

FREED (on camera): What is it that Target's crime lab provides that your own lab doesn't?

INSPECTOR KRIS ARNESON, MINNEAPOLIS POLICE: Speed. The ability to take the evidence and turn it around in a very timely manner and get it back to us within probably 24 hours.

FREED (voice-over): And that's what happened with the convenient store murder case, where Target's crime team gave police a cleaned up image of the suspect's face in less than a day. And...

UNIDENTIFIED MALE: In this image here, we have a portion of the vehicle that is going by this area within the door.

FREED: Forensic video expert Craig Thrain (ph) helped identify the make of the getaway car. The Target lab painstakingly analyzed the few lines of a vehicle's frame advice visible on the surveillance tape, eventually finding what would prove to be a perfect match.

BREKKE: It's a very fulfilling moment when you hear that the work you did contributed to a bad guy being taken off the street.

FREED: Off the street and away from their stores.

Jonathan Freed, CNN, Minneapolis.

(END VIDEOTAPE)

KAGAN: We're following two developing stories in two different parts of the country right now.

First to Alexandria, Virginia. Zacarias Moussaoui, the only person in the United States facing charges with the 9/11 attacks, will not be in the courtroom for jury selection. The federal judge making that ruling today. Basic reason, Moussaoui's misbehavior. More with our Kelli Arena in just a bit on that story.

Also in Fayette County, Pennsylvania, southeast of Pittsburgh, we're watching this story as it develops. Live pictures there for you. It is a gas well explosion. No word on any possible injuries or casualties in relation to that.

We will bring you more information on both the stories as they develop, just ahead.

Also, not so safe inside a safe. The rush to rescue a little girl after she becomes trapped. That and other stories making news coast to coast. That's ahead.

But, first good news for the first time in a while for auto workers in Michigan. That and other business headlines after a quick break.

(COMMERCIAL BREAK)

(MARKET REPORT)

KAGAN: We're still talking about money here. It's our series "At This Age," and we're focusing on the 40s today. A lot of parents in that age group worried about paying for their kids' college education could put a dent in their own financial future.

Here's CNN's Valerie Morris.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: I am age 41, and I want some advice on how to finance my kids' tuition for college.

VALERIE MORRIS, CNN CORRESPONDENT (on camera): My answer may surprise you. As noble as it is to...

(END VIDEOTAPE)

KAGAN: And we will get back to that story. Right now, we go to Sarasota, Florida. This is Joseph Smith, the man convicted of killing 11-year-old Carlie Brucia. He's making his own statement at his sentencing hearing. Let's listen in.

JOSEPH SMITH, CARLIE BRUCIA'S KILLER: Until now I haven't been able to say anything. I'm a little nervous. I'll try to do my best to fill in the blanks.

I started using drugs in an early age. By 19, I was already into heroin. Where I grew up in Brooklyn, heroin was everywhere. I really developed a problem with heroin, and soon it became a daily habit that I knew I had to kick.

I moved to Florida from Brooklyn with the hopes of kicking the habit. My brother helped me. I lived with him for a while.

I began to have very bad back pain, and I starting seeing pain management doctors. I started taking prescription meds for the pain and thought they were helping, but I became addicted to the pills, even worse than the heroin.

When I would run out of pills I would go cop heroin or cocaine. I knew I had a big problem, and I tried a number of times to get help. I came in drug court and I talked with Joanne Miller, but was denied. I was scared, even of detox, because the first time it took three months for the chills and the cramps to go away.

I have had two surgeries, a laminectomy and a three-level fusion with metal rods, but I still have pain.

In January of 2004, my wife wanted me out of the house because of my drug use. So I moved in with a friend close by so I could see my children.

The depression got real bad, and I was using drugs every day again. I still had hopes of getting my family back and straightening out my life. My family means the world to me.

After a little time went by...

QUESTION: What is the date approximately that you moved out of the home?

SMITH: January of 2004.

QUESTION: OK.

SMITH: Probably the beginning of the month. After a little time went by, I called my wife and I asked to come home, but on February 1st, I found out she didn't want me. I lost my business, my family and my self-control.

My world was really coming apart fast. I just wanted to die on that day.

So I went out and copped a bunch of heroin, cocaine, and began injecting it, hoping that I would overdose.

Judge Owens, I was so high I have never experienced a high like that. It was different than any other time. I think it was mixed with something else.

Judge Owens, I want you to know that I take full responsibility for the crimes. I don't understand how that all happened. I was very angry at myself and very (INAUDIBLE). I knew thinking I was wrong, but I could not stop. If you look at the pictures of my eyes, the track marks were everywhere. I couldn't even intervene. I couldn't even see straight.

I'm not trying to make excuses for what happened, but I really don't remember much about anything on that day after about 4:00 p.m. After I came to jail, I began to straighten up and wanted to cooperate and clear things up, but I was very scared and didn't know who to trust. I didn't even trust my lawyers. I thank the Officer Degrino (ph) for helping me, talking to me, coaxing me through it. That little talk helped a lot. My brother also helped convince me that I needed do the right thing. I wish I had cleared everything up right away.

Judge Owens, I never would have expected or believed that I could commit this horrible crime. I can only hope that I will be an example to others of what drugs, depression and no regards for yourself can lead to, because it is a very dangerous combination.

I want to tell you, and Carlie's family, and my family and this community how very sorry I am to for these terrible crimes.

Every day I think about what I did and I beg God for forgiveness. I will continue to think about the pain I caused for the rest of my life.

Judge Owens, I do not ask for mercy for myself. As you have heard, there have been many times that I did not care whether I lived or died. The only reason that I can see to ask you to give me a life sentence is for the sake of my family. I do not want to see my children hurt any further. I'm hopeful that I can still be a positive influence to them.

If I'm sent to death row, I won't be able to talk to them. There are no phones on death row. Or visit with them. And they also know how bad my mother has suffered through this case. First, she had to deal with the fact that her son was charged with these crimes. Then she had to watch her other son suffer and deteriorate due to his involvement in this case. And then my stepfather developed lung cancer and died just a few weeks ago.

My mother has been very supportive of me. The family has been very supportive. Every week for two years she visits me in jail. She has been under terrible stress, and I'm worried what will happen to her if I'm sentenced to death. Thank you again for letting me talk. Give you some idea about the sequence of events that led to this. I truly hope that all the families involved can get their life back on track. I'm truly sorry for my actions. That's all.

UNIDENTIFIED MALE: Thank you, Mr. Smith.

KAGAN: We've been listening into a courtroom in Sarasota, Florida. Joseph Smith, the man convicted of murdering, raping, and strangling and kidnapping 11-year-old Carlie Brucia back in February 2004, making an emotional plea for his life. The jury in this case has recommended the death penalty.

Ultimately, though, it will be up to the judge to decide. He made an emotional plea not for himself, he said, but for his family. He doesn't want his family to suffer anymore, and he said he was very sorry for the crimes that he committed, and also detailed a long history of drug abuse as well.

One of our legal analysts, Kendall Coffey, on the phone with us right now, a former federal prosecutor. He currently practices in the state of Florida.

Kendall, hello.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Daryn.

KAGAN: So as I mentioned, the jury has already recommended 10-2 that Joseph Smith die for these crimes. How likely is it that the judge will make a different decision?

COFFEY: Extremely, extremely unlikely for a trial judge in Florida to reject a jury recommendation of the death penalty. So there's virtually nothing a defendant can say. Whether the remorse is genuine, whether there is some circumstances such as drug use, assuming that's even much of an excuse, there's essentially nothing the defendant could say in this circumstance that has any likelihood of changing the inevitability of the death penalty.

KAGAN: How about the wishes of the victim's family? Carlie Brucia's father said that he would prefer that this man, Joseph Smith, get life in prison, whereas her mother comes out saying she hopes he get the death penalty.

COFFEY: If there was a case where the family consistently asked the judge to not impose a death penalty, that might be the sort of extraordinary circumstance. But here, different family members have different views. A judge is going to really rely on the jury, because that's the system, and the jury, as we recall, had overwhelming evidence of guilt. In fact, Joseph Smith in his comments to the court essentially accepted responsibility, isn't denying the crime.

So overwhelming evidence of guilt, strong jury, voice on this thing and a truly horrible crime.

KAGAN: I mean, just completely horrific. What about how the death penalty works in Florida there, Kendall? Is it like California where it's rarely carried out, or is it more like Texas?

COFFEY: Florida is sort of in-between. A little closer to Texas than California. As in other states, this case, following the determination of the sentencing -- assuming its a death penalty -- has a direct right of appeal to the state supreme court.

As we know, Daryn, that's not the end of it. There are additional kinds of appeals that can be brought. Very difficult to know what they might be here, since the evidence of guilt is essentially not disputed. But like most places in the country, people can be on death row sometimes an average of ten years. In California, it's 18. In Florida, it's closer to nine or ten years before the sentence is carried out.

KAGAN: Kendall Coffey. Kendall, thanks for giving us some context. We appreciate your time.

And we should mention that Carlie Brucia's family had a chance to speak at the beginning of this hearing yesterday. Her grandmother giving a statement that their family is forever broken, their hearts will never heal. That's from Carlie Brucia's grandmother.

We are going to take a break. I should also mention, though, that the judge is expected to make the final sentence in this case in the middle of next month. A break, and back after this.

(COMMERCIAL BREAK)

KAGAN: Developing story out of Alexandria, Virginia. Zacarias Moussaoui misbehaving again in the courtroom. This time it has consequences.

Our Kelli Arena is there with more -- Kelli.

KELLI ARENA, CNN JUSTICE CORRESPONDENT: I tell you, Daryn, every time you walk into a courtroom with Moussaoui, it's always, you know, unpredictable, to say the least. Today, it was -- the judge was trying to figure out whether or not he would be able to remain quiet in the courtroom and let his lawyers represent him. He ended up getting himself kicked out of the entire jury process, jury-picking process, until the actual sentencing hearing starts.

Back and forth with the judge. Basically he said -- he started by saying that, you know, he was standing there, identified by the court as a French citizen. He said I'm not a French citizen. I don't stand here with a nation of homosexual crusaders. I stand here as a Muslim only.

He went on to say he was a member of al Qaeda, that he was a sworn enemy, that the lawyers there couldn't represent him because they were representing the government. He said -- he called one of his lawyers a member of the KKK. He called another lawyer, who happens to be a Japanese-American, a Geisha lawyer. The judge kept interrupting and telling him that he couldn't use the U.S. courtroom in this way.

Finally, he said I'm leaving. When she asked can you please sit down and be quiet, he said I'm leaving. She said let's get on with business, and he's like, that's right, the business of killing me. And there's a whole lot more, Daryn, that was pretty shocking to hear in a U.S. courtroom.

But the bottom line here is that Moussaoui will not be present in that courtroom while jurors are being selected. Instead, according to the judge, he'll be in his cell, watching that process on television, where jurors won't be able to hear his outbursts.

KAGAN: Needless to say, it sounds like it didn't go very well. But the stakes couldn't be higher, because they're talking about the death penalty here, right, Kelli?

ARENA: That's right. They are talking about the death penalty. Moussaoui, of course, charged that for four years that the government has been planning his death. I'm trying to find a good quote for you, where he talks about it. He says, this is a -- you know, this is all rigged. The judge told him, look, you are the biggest enemy of yourself. You are not -- you are not adhering to the rules. But he just kept going at her. It was not pretty. But definitely interesting, Daryn.

KAGAN: All right. We'll hear more in the next hour. Kelli Arena in Alexandria, Virginia, thank you.

Well, a much lighter note here. Last week it was fashion week. This week, another group of the stylish and well-coiffed are strutting their stuff in New York City. We're going to get the lowdown on the Westminster Dog Show.

And later, gold medalist Tara Lipinski joins me to talk about the women's figure skating drama at the Torino Olympics.

The second hour of CNN LIVE TODAY will begin after a quick break.

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