Return to Transcripts main page

Rick's List

No Charges to Be Filed Against Quarterback in Bar Incident

Aired April 12, 2010 - 15:00   ET

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

RICK SANCHEZ, CNN ANCHOR, RICK'S LIST: Thanks so much Tom. Good to see you down here. By the way, there is movement on the Ben Roethlisberger story. We are all over it. Developments just over the last 45 minutes in fact, the DA there giving a news conference. We've pretty much separated what we think you're going to want to know and then some. I'm going to be joined by somebody who knows this part of story very well. Here now is what we're going to bring you.

News that's making the list right now, millions of you ride trains in and out of this famous terminal every week. Now we know it was a target for this man.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There will be no arrest made, nor criminal prosecution of Mr. Roethlisberger.

(END VIDEO CLIP)

SANCHEZ: Super bowl quarterback Ben Roethlisberger facing charges for an alleged bathroom and bar incident.

One family's struggle with international adoption.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We would like to get the family's side of the story, because right now they don't look too good in the headlines.

(END VIDEO CLIP)

SANCHEZ: What help is there for parents with violent adopted kids?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: All of our kids, taken to the psychiatrist, taking to the psychologist and to the therapist and in many cases those modalities failed.

(END VIDEO CLIP)

SANCHEZ: We hold these truths to be self-evident. Four score and seven years ago. All legislative powers herein -- that's the one. Should a member of Congress know the constitution? You tell me. The lists you need to know about. Who is today's most intriguing? Who is making news on Twitter? It's why I keep a list. Pioneering tomorrow's cutting-edge news, right now.

And hello again, everybody, I'm Rick Sanchez. This is turning into one of the longest news conferences that we have ever seen. This is a news conference from Milledgeville, Georgia where officials are now describing exactly what happened in the case of Super Bowl quarterback Ben Roethlisberger. Let me get some of the details, first of all. He seems to be off the hook in terms of the rape allegations against him. Let's step in to see just what is going on at this news conference right now. And let me know when we come out of this, that we have collected a lot of the sound that really details the story for you over the last 45 minutes. Let's dip in, Rog.

UNIDENTIFIED MALE: That's correct, yes.

QUESTION: And at what point did the -- Roethlisberger interview?

UNIDENTIFIED MALE: Of course, my agency was not involved in the investigation at the time. But the initial responding officer, Officer Blash, went immediately to Capital (ph) City after speaking with the alleged victim and her two sorority sisters.

QUESTION: So roughly within 15, 30 minutes?

UNIDENTIFIED MALE: I think that is a fair assumption, yes.

QUESTION: Is your agency or the DA or key police (ph0 agencies been contacted by NFL security? And if so, what have you told the NFL about this (INAUDIBLE)?

UNIDENTIFIED MALE: I have been contacted by a gentleman by the name of, I want to say Jim Martin of NFL security. On a number of occasions he has called me. And my pat answer to him has been the same thing it has been to you all. We just simply can't release the details of the investigation. Anything that he has been given has been issued publicly, as well.

SANCHEZ: All right. That's interesting. The NFL has been contacting. The gentleman that you see right there is not one of the district attorneys. He is, in fact, an official with the Georgia Bureau of Investigations. Earlier in the day, we heard from that guy. Interesting the way that camera turn just took place there for you and there we go back to somebody else. Now, that's the police chief of Milledgeville, I understand. Is that right, BJ? He's the one who made the original comments when we first heard about this case. Let me take you through now what the DA said, because he's the most important guy in all of this. His name is Fred Bright. You saw him there momentarily. He says something may have happened, but he doesn't have enough evidence -- key word here is, there wasn't enough evidence to prove beyond a reasonable doubt. As a result, there will be no arrest and no prosecution of Ben Roethlisberger.

Here's what we have been able to put together, given what the DA said. Remember, this is 45 minutes he has been talking. So here are some of the key elements of what he said and then we're going to come back on the other side. We have been in contact with Ben Roethlisberger's attorney, Mr. Harlan. He was going to be joining us here live, but now we understand he's going to do a live news conference and we're going to tape that for you. First though, here's DA Bright.

(BEGIN VIDEO CLIP)

FRED BRIGHT, DISTRICT ATTORNEY: Ben Roethlisberger was bar-hopping with his bodyguards and friends here in Milledgeville, Georgia and attracting a crowd wherever he went. And the victim was bar-hopping with her sorority sisters. Both parties had been drinking alcohol prior to meeting each other. They did not know each other before this evening, but did meet at different bars throughout the course of the night. They participated in conversations, some of a sexual nature. After midnight, Mr. Roethlisberger and his entourage were at the Capital City Club and the manager let them use the VIP area. The victim went with her sorority sisters to the nightclub later. Mr. Roethlisberger invited them into the VIP area, where he provided shots of alcohol for them. Everyone agrees that the victim was highly intoxicated due to consuming alcohol.

One of the bodyguards guided the victim down a back hallway. Mr. Roethlisberger followed her down the hallway into a small bathroom. The issue is what happened in that small, less than five-foot-wide single commode bathroom between Mr. Roethlisberger and the victim. Significant questions about what occurred persistent. A report was made to law enforcement immediately. Initial interviews were conducted. The victim was driven by a friend to the county regional medical center, our local hospital here in Milledgeville. An emergency room doctor and two nurses examined her. Noted in their report was a superficial laceration and bruising and slight bleeding in the genital area. Everything else in the medical examination was normal. The doctor stated that he could not say that these were or were not from any kind of trauma or sexual assault.

SANCHEZ: All right. Let's do this. BJ Bernstein is joining us now. She's here on the set. The reason we called on her, you remember BJ Bernstein. She is the defense attorney who represented Ginaro Wilson, a story that she and I followed for a long, long time. She also happens to be an attorney who -- I don't know if I can use the word expert, but somebody who understands this part of Georgia. You've worked with Bright, right, this DA who we just listened to?

BJ BERNSTEIN, DEFENSE ATTORNEY: That's right. He's a great DA.

SANCHEZ: He's a good DA?

BERNSTEIN: And really took his time to look at this case and investigate it. And that is the only -- you know, a lot of people are going to say Ben is being treated differently. The one thing that did happen here, which should happen in most cases, is that it shouldn't just be that you talk to one person and get one medical report and make a decision to arrest them. You've got to look at everything. And here he not only dealt with the local police department in Milledgeville, but knew he had to get the Georgia Bureau of Investigation in, to talk to the number of witnesses that were involved.

SANCHEZ: Bottom line is, what he is saying is, that there is not enough evidence here to convict or prosecute Ben Roethlisberger. What is it about what he found that leads you as a defense attorney to, as you say, agree with him?

BERNSTEIN: Well and even more, he said, significantly, not even enough to arrest, that he didn't even have probable cause. And when you put all these facts together, different from the rumors -- remember, one of the first things in the reports was, oh, this young woman told the police and went to the hospital herself. Actually, during this press conference, it was learned that the sorority sister saw her coming out from the back, saw how drunk she was, concerned about that. Then they started --

SANCHEZ: Pressuring her?

BERNSTEIN: We don't know.

SANCHEZ: Did they pressure her to -- does it sound to you like they're the ones who really filed the complaint and not her?

BERNSTEIN: Well, they're definitely the ones who contacted the police first. Then the police officer asked the young woman, have you been raped" and the answer was no. Then they asked her again, did she have sex, and she said, well, I don't think so.

SANCHEZ: Was the bottom line in this case that she was complicit?

BERNSTEIN: I don't know that consent or complicit is one form -- one thing you take into account. Also in rape cases, it's whether by force and against the will.

SANCHEZ: But didn't I just hear him say that he walked into the bathroom behind her?

BERNSTEIN: That can be -- that can be consensual --

SANCHEZ: Is that false imprisonment?

BERNSTEIN: No. False imprisonment if is if we walk in and I don't let you leave.

SANCHEZ: I see.

BERNSTEIN: I do something to overtly block you.

SANCHEZ: So in this case, because she was so inebriated, according to the DA and what we just heard him say moments ago, you can't make a case against a suspect when the victim is in that condition?

BERNSTEIN: Well, no. You can sometimes, but you have to have enough evidence. And I want to be really clear. I'm not saying it's open season on women to be sexually assaulted when we're intoxicated.

SANCHEZ: OK.

BERNSTEIN: However, when you choose to get really drunk, if you're doing shots, if you're binge drinking like a lot of young people do, the problem is, you're not a great witness of even explaining the next day or an hour later what happened to you. SANCHEZ: I think that makes sense. I want to show you something right now. This is from Michael Strayhan, (ph). As you know, he's an NFL player. And he is tweeting about this already. A lot of NFL players are probably going to be wondering about this. And you know there's also the court of public opinion that comes into play in these cases. How you guys feel about big Ben's situation. Does it seem like his treatment is biased from the NFL, as opposed to other players? What do you think? That's Michael Strayhan. You know that people will be asking whether because of his $101 million contract, his super-priced lawyer, Ed Garland, the fact that he's famous in his NFL football player, or the fact that he's white, that all these things are going to be coming up. Is it defensible, as far as what you know, that this district attorney has done to answer those charges that you know are going to be coming up?

BERNSTEIN: Absolutely. First of all, Fred did this the right way. We have known him for a long time as being a straight shooter, so to speak, with regard -- this is like nothing like the horrific Duke prosecutor who jumped to conclusions.He did anything but. He investigated it. He looked at what the facts are. And what the public opinion needs to worry about is, how we tried to prosecute this guy before he was even arrested. It would be one thing if he had been arrested and probable cause had been established by a judge to allow that arrest. And then we speculated wildly about him. And for the NFL to be concerned about it.

SANCHEZ: Well, but in defense of people who raised questions, it's his third incident in just the last couple of years. None of them where he has been charged, but all of them have been high-profile. There was the motorcycle incident and then there was the case in Nevada and now there's this case.

BERNSTEIN: And that's a concern in it terms of -- I think the NFL has a different concern and what they're going to have to work on is something that we as a society can work on and I would ask him to be a leader in that respect, which is they've got a lot of young people who come into their league from high school drinking too much, college drinking too much and then add money and fame and you may need to talk to them differently and train them and especially in their rookie year.

SANCHEZ: You're right, you're right.

BERNSTEIN: Early on. And bring some women on board to talk to the guys, as well. Give them a different perspective of the realities, not just the reality in the sports world.

SANCHEZ: That's an interesting perspective from you, as someone who has actually worked cases like this. And it's interesting you would say that. He wins the Super Bowl. He gets $101 million contract. You're right. Fame and money come into it. And then there's the final point, which we make, which I think this is a good one, which is oftentimes youth is wasted on the young. Thanks so much. We appreciate it, BJ.

All right, take a look at this. Should a congressman know the constitution and be able to recite it when asked? You're going to see what happens to this New Jersey congressman. What is your take on this, by the way?

Also, new details on the plot to blow up New York City subways. How close did these suspected terrorists actually come? And then did you hear about Conan O'Brien? He has made a landing. Guess where? We've got it. That's ahead. This is RICK'S LIST. We're scrolling on.

(COMMERCIAL BREAK)

SANCHEZ: The comments are already coming in from many of you. Look at the regular tweet board and you see what people are saying. Everyone seems to be commenting on these charges dropped against Ben Roethlisberger. I suppose I should say, not brought. Plaxico Burgess (ph) deal with much more. They're letting Ben off way too easy. The second one says if the state doesn't have enough to even arrest, then the supposed victim couldn't even say something happened. Case closed. But then the third one goes back to the first charge that we're hearing. No charges for Roethlisberger. The story would be quite different if he's a black athlete. Remember Kobe Bryant, anyone? And they do continue. We're hearing from you and we'll continue to share what you have to say.

Meanwhile, today we need to keep in mind what a close call we had just seven months ago. Because today there is new information that you need to know about. Seven months ago, the Feds put the clamps on Najibullah Zazi. Remember that weird name? They did so just days before the planned -- before he planned, I should say, to commit a major terrorist attack. Zazi was stopped on his way to New York to lead a suicide attack on subways there. Remember, this is the guy who came to the Feds' attention for stocking up on hair care products, hair care products that he used to manufacture home-made bombs. We learned a lot from that. Zazi had traveled to Pakistan. He'd hooked up there with al Qaeda and was operating on their orders. With all that in mind today, we are getting a fuller picture of what Zazi was planning and how close he may have come. Our homeland security correspondent is Jeanne Meserve. She's joining us now. Jeannie, the targets in this case -- and this is why it's particularly significant, now that we're getting this new information. These weren't your run-of-the-mill subway stops, right?

JEANNE MESERVE, CNN CORRESPONDENT: No, he wanted to hit the two busiest stations in New York, or two of them, Grand Central Station and Times Square. And he and his co conspirators, they were two high school classmates of his, who also have been picked up and indicted in this case, they wanted to allegedly detonate these explosives on the one, two, three or six trains that run through those very busy transit hubs. And according to a Federal law enforcement source, Zazi told investigators that he and his co conspirators planned to get on those planes, go to the middle of those planes and then detonate the bombs that were on their bodies. The whole point, of course, was to maximize the number.

SANCHEZ: How close did he come to pulling this off? Or will we ever know? MESERVE: Well apparently he got pretty darn close. As you mentioned, he traveled to New York City and he has told investigators that September 14th was the chosen date for this. They might have done the 15th or 16th, he said. But the 14th was their target date. He was traveling in from Denver in early September.

SANCHEZ: Let me ask you something else, which I think is important from a prosecution standpoint in this case. Can we get this guy to talk? Do you expect that he is going to sing and maybe be able to help law enforcement on possibly getting some other bad eggs out there?

MESERVE: Oh, he has been cooperating. He has been cooperating, indeed. And in fact, we're told by a Federal law enforcement source that a fourth person has been arrested in this case over in Pakistan. We don't know this individual's nationality, but we are told he is not an American. What's unclear is whether or if this individual will eventually be extradited to the U.S. to face trial.

SANCHEZ: Jeanne Meserve, our homeland security correspondent with all the answers. Thank you Jeanne, thanks so much for filling us in.

MESERVE: You bet.

(BEGIN VIDEO CLIP)

DENNIS QUAID: Many of you already know that our newborn twins recently received a fatal, near fatal overdose of blood thinning medication, heparin at Cedars-Sinai Medical Center in Los Angeles.

(END VIDEO CLIP)

SANCHEZ: That's Dennis Quaid. He almost looks like little nervous, doesn't he? He is talking to anyone who will listen and this is not about a movie. This is not about super stardom. Wait until you hear what his cause is in this case. That's ahead.

Also, Hillary Clinton for Supreme Court justice? The Supreme Court is making Jessica Yellin's list today. She is next.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back, I'm Rick Sanchez. This got my attention this morning. Let's listen to Orrin Hatch. He's talking about filling the vacancy on the U.S. Supreme Court. Here it is.

(BEGIN VIDEO CLIP)

SEN. ORRIN HATCH (R) UTAH: I even heard the name Hillary Clinton today, you know and that would be an interesting person in the mix. I happen to like Hillary Cinton. I think she's done a good job.

(END VIDEO CLIP)

SANCHEZ: Veteran Senate Republican Orrin Hatch is saying, one, he's heard the president might nominate Hillary Clinton for newly opened Supreme Court vacancy. And two, he sounds as though, he kind of likes the idea. I say it's time to bring in Jessica Yellin. This is "Yellin's List." Jessica, good to see you again.

JESSICA YELLIN, CNN CORRESPONDENT: Hi, Rick, glad you're back.

SANCHEZ: She is our award-winning correspondent and she joins us now to either put this fire out or throw some gasoline on it. Which is it?

YELLIN: Putting it out, sorry. Secretary Clinton for Supreme Court is a nonstarter Rick. The White House has even said as much. This was a classic Washington rumor. There was talk about Clinton, because there is always talk about her. You might remember, there was even speculation she could be nominated when Sotomayor got the last nomination. So Senator Hatch put it into high gear this morning and I am told he had heard it talked about on TV, so it's sort of Washington talking to itself. They get spun out. The White House says the president is very happy with her at the State Department.

SANCHEZ: What is all this talk about the possibility of a filibuster and isn't it a little early for that kind of talk, given the fact that the president -- I mean, the guy just left the job a couple of days ago and the president really hasn't even named a successor yet, right?

YELLIN: Yes, but, except I wouldn't read it as actually the threat of a filibuster. This is something the minority party does every time there is a nominee pending, because it's both their right to filibuster, so they're reserving that right, but it's also an attempt to influence the debate and encourage the president to pick a moderate nominee. They're threatening a filibuster. Well, then, he better not irritate the sleeping giant, you know? There are very few signs that there is going to be anything close to a filibuster in this case. I'll tell you, the Republicans I'm talking to say they thought they scored a lot of political points last round, just by raising objections to Sotomayor in the hearing and then confirming her to show that they can be civil and letting it go. I would expect something like that again, unless the president throws a wrench into the mix by nominating someone they find very offensive.

SANCHEZ: You mean somebody who is a super lefty.

YELLIN: Yes or in their view.

SANCHEZ: I get it. I get it. Listen, here's another issue that I think is important. The Senate is debating more help for the unemployed. You and I have talked about this in the past. And obviously, look, it's a great idea. Whenever you can help people who need help, you've got to do what you can. But I want to show our viewers, I want to show you, what this thing costs. Now, in typical Rick Sanchez fashion, I did that in a very understated way for you.

YELLIN: Right, gets your attention.

SANCHEZ: As Tom Foreman would say, who just preceded us. Look, I'm trying to make a point, $9 billion! That's a whole lot of loot isn't it?

YELLIN: It is. It is. And that's what Republicans are saying too. They say, look, we want the unemployed to get their checks. We just want to know how it's going to be paid for and the Democrats haven't explained that. Now, Democrats say it's a little convenient for Republicans to discover fiscal discipline now. The bottom line here, Rick, though, is let's think how much money went to the banks to rescue the banks when they were in trouble. That wasn't paid for. Now they're paying it back. But there was a time delay on the payback. So why should we be less tolerant with America's working folk?

SANCHEZ: Well, because I think some people would argue, if you took those $9 billion -- in fact, just one more time.

YELLIN: Just because it's funny.

SANCHEZ: Thank you. I knew he was going to do that. If you took those $9 billion, wouldn't it be more wise to create $9 billion worth of jobs rather than pay $9 billion worth of unemployment checks to people who would probably be -- feel better about themselves? And this is not to disparage people who have lost their jobs or are unemployed, but wouldn't those people feel better about themselves if they were doing a job, any job, even if it's in the public sector, even if it's a Rooseveltian (ph) kind of thing?

YELLIN: Absolutely. But that's an ideal. Even the Republicans who are objecting to spending the money right now, say they know that these checks have to go out. Because you cannot spend $9 billion and create that many jobs. It's not a one to one scenario. Those are people who are hurting and unemployed right now. And once they get an unemployment check, they put it back into the economy. They buy milk. They buy eggs, that keeps the grocery store working, that keeps truckers driving. It's the chain reaction. And politicians on both sides say these checks need to go out. The debate is how to pay for it.

SANCHEZ: Good stuff, Jessica. Appreciate it. "Yellin's List" seen here every day on "Rick's list" at sometime between 3:15 and 3:25.

YELLIN: Thanks, Rick.

SANCHEZ: We appreciate it.

Look at this tweet. I want you to see some of the tweets now from the CEO of Massey Energy. His name is Don Blankenship (ph). And interesting, because we're talking about this for the last couple of days. We will be doing all we can to figure out what happened and to greatly lessen the chance of it ever occurring again. Now, we're obviously talking about that disaster in West Virginia, the mine disaster. In just a couple minutes in West Virginia, the Governor and Mrs. Manchin are about to lead a moment of silence on the grounds of the state capital in Charleston for the victims of the mining accident there this week. We're going to bring you that. We're going to let you see it as it happens. And we expect that it's probably going to be a pretty emotional moment. Also, who do you think is the most intriguing person in the news today? I'm going to tell you. That's next. It's on "the list." We're scrolling on.

(COMMERCIAL BREAK)

RICK SANCHEZ, HOST: As we go through on RICK'S LIST, I want to bring you now the moment of silence that they're having in West Virginia for the deceased miners. Let's -- let's dip into this.

(BELL RINGING)

GOV. JOE MANCHIN (D), WEST VIRGINIA: The bell just rang 29 times. And I want to thank all of you for being here.

SANCHEZ: That's Governor Joe Manchin. He is calling up some of the other dignitaries that are there. As you can see -- let's continue on this and see where we pick up.

(INAUDIBLE)

SANCHEZ: As you can see, we're having problems with the audio. So, let me just give you the background on this, as I think most of you follow the news in the last week probably know, it's in the capital. This is in Charleston, West Virginia. The explosion this time last Monday killed 29 miners.

Nine bodies, by the way, are still in the Upper Branch of the mine, as it was described by some of the mine officials there. It's the -- it's called the Upper Big Branch mine. Crews are hoping to remove them sometime today.

And President Obama has ordered flags at half-staff. He'll meet with Labor Secretary Hilda Solis and the Mine Safety and Health Administration to go over causes for the blast and look further recommendations for improving safety.

We will obviously continue to follow this. By the way, these are the Rockefellers and the Rahalls and the Manchins that are laying the wreath there now -- obviously, in remembrance of these deceased miners.

We're going to take a break and we're going to be right back.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez. Time to check now the list for the most intriguing person in the news today.

(MUSIC)

SANCHEZ: He is a husband and a dad of twins, but he's using his public status and Joe Hollywood image to further his mission to save people's lives. That's right.

A couple of years ago, his newborn babies were mistakenly given a massive overdose of the drug heparin. Well, they nearly died. And it's not the first time. That type of mistake was made with that drug. In fact, a little girl died in Nebraska last month, possibly another accidental heparin overdose.

He says it's because the packaging on the medicine is confusing, even to health care professionals, and he wants changes now. He said this through a House Committee on Oversight and Government Reform. In fact, here's what he told them. "I am in the entertainment industry, but what happened to us is no fiction. That is why I have decided to speak out and do something."

Good for him. Show them who we're talking about, Roger. He is super A-list actor, Dennis Quaid. He is today's speaker at the National Press Club luncheon in Washington. He wants needless, preventable child deaths to stop, and for him it is personal.

And for that, Dennis Quaid is today's most intriguing person in the news.

(MUSIC)

(VIDEO CLIP)

SANCHEZ: This is something. A huge stakeout today in south Florida by teachers, and it's turning some schools into a giant daycare as parents and students try to figure out what to do. I'm going to be taking you there.

Also, this --

(MUSIC)

SANCHEZ: Oh, Rob! Dick Van Dyke! You remember that from "Mary Tyler Moore"? One of the Red Hot Chili Peppers. They're together. Now, what could it possibly be that they have in common? I'm going to take you through that, as well.

I'm Rick Sanchez. This is RICK'S LIST and we're scrolling on.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back.

New details, by way, on that plot last fall to blow up a New York City subway train, targeting Times Square, and Grand Central stations. We're going to bring you that in just a little bit.

And did you hear -- did you hear about Conan O'Brien? He's made a landing. Guess which network?

And you know who said it? He did. He put out a tweet. That's right. He is a tweeter, this guy.

"The good news," he writes, or tweets, "I will be doing a show on TBS starting in November. The bad news, I'll be playing Rudy on the all- new 'Cosby Show.'" That's interesting, and what's with the chimp in the picture?

We'll be back. That's Conan O'Brien, and there's a lot more news coming your way.

(COMMERCIAL BREAK)

SANCHEZ: Look out. It's time for the "Brooke Block."

We're happy you're here. Entertainment news, it's very close to home for us here at Turner Broadcasting.

BROOKE BALDWIN, CNN CORRESPONDENT: I know. We've been following where in the world is Conan O'Brien.

SANCHEZ: Yes.

BALDWIN: He has kind of perfected the 140-character or less joke lately.

SANCHEZ: Well, he could have -- let me just stop you for one moment.

BALDWIN: Yes.

SANCHEZ: Because wouldn't it have been interesting if he could have stayed at home and collected a big fat paycheck? Why does he want to go back to work?

BALDWIN: Wouldn't it kind of nice? Wouldn't it kind of nice? He's a funny guy, you know, watching him on TV. We're happy about that.

SANCHEZ: He wants to do what he does.

BALDWIN: And we're extra happy because we just found outside today that Conan O'Brien will be on TV this fall on TBS. Of course, to be transparent, it's owned by Time Warner, who also owns us here at CNN.

Just out today, O'Brien will be hosting his hour-long yet to be titled show Monday through Thursday's 11:00 p.m. He'll be taking George Lopez's spot. You see, he had the 11:00 spot. He'll now be shifting back to midnight.

And it's kind of funny. I dug up this clip from January. I want you to watch this. This is George Lopez actually joking about the Leno/Conan flap -- little did he know. Take a look.

(BEGIN VIDEO CLIP)

GEORGE LOPEZ, TBS HOST: Conan O'Brien sent a letter saying he wouldn't move to 12:05 to make room for Jay Leno at 11:35, which I don't understand, because Latinos have no problem being told to come into work a half hour later!

(LAUGHTER)

(END VIDEO CLIP) BALDWIN: Obviously joking around about it.

Now, Lopez personally called Conan, you know, because people are saying, hey, did he get lenoed? That's kind of a new verb we're making up here. But now, Lopez called Conan, you know, and said he couldn't think of anyone better than, you know, having Conan as his lead-in.

And so, what's Conan saying? Take a look.

This is what Conan has officially said, in three lines, "I've gone from network TV to Twitter, to performing live in theatres, and now I'm headed back to basic cable. My plan is working perfectly." So, that is from Team Coco.

And, you know, it's a big deal here also, because this is a move from network to cable. It's being described on some of the blogs that we're slipping through as, you know, stunning, shocking. And if anyone was really rumored to get Conan, as you remember, Mr. Sanchez --

SANCHEZ: Somebody in the big three, yes.

BALDWIN: Yes, it was -- or FOX, you know? But, apparently, there are too many complications, according to his manager, that rendered that whole thing impossible. And, so, reportedly, the talks actually didn't get going with TBS until a phone call was made sometime last week. It was this whirlwind negotiation in 10 days flat.

They're already ready for him at TBS. There was a promo posted already on TBS.com. And as we look at the promo -- here it is. So that's kind of fun.

As we look at it, you know, Turner execs are excited. They say, you know what, Conan really appealed to the younger audience. Conan's viewers kind of more or less like average age 33, but you have to wait until November to get your Conan fix on TV.

But, in the meantime, you know, he hasn't been just tweeting. He will be hitting the stage on Monday. I think the first date is Eugene, Oregon. So, he's doing this concert thing. And he's titled it, "Legally Prohibited from Being Funny on Television Tour." Obviously, a reference to O'Brien's settlement with NBC, big fat payout of $32 million, and he had to agree that he wouldn't appear on the boob tube until after September 1st. Final stop is here in Atlanta.

SANCHEZ: We'll have to get him on the show.

BALDWIN: I --

SANCHEZ: I'm sure. He'll be, because he's a big tweet guy, right?

BALDWIN: I know, he's huge.

SANCHEZ: By the way, Coco was what his fans refer to themselves --

BALDWIN: Team Coco.

SANCHEZ: Team Coco, a big group who supported him.

BALDWIN: And now, Lopez --

SANCHEZ: Check this out, folks, we've just taken this tweet off. You know, we follow these things for you. This is George Lopez's new moniker from his fans -- Team Lo-co.

BALDWIN: It's very cute.

SANCHEZ: You got to love it. Good stuff. Appreciate it. Appreciate it, Brooke.

BALDWIN: Welcome back. Good to have you.

SANCHEZ: It's nice to be back. We had a good time off.

BALDWIN: Good.

SANCHEZ: My family and I and my kids.

BALDWIN: Good.

SANCHEZ: And they all got a big check.

(BEGIN VIDEO CLIP)

REPORTER: Do you remember what else you said to them that may be mean?

UNIDENTIFIED KID: I'm going to stab them.

REPORTER: Huh?

UNIDENTIFIED KID: I'll stab them.

REPORTER: You want to stab them? How does it make you feel when you said that?

UNIDENTIFIED KID: Sad.

(END VIDEO CLIP)

SANCHEZ: Wow. That child just said that he told his parents he wanted to stab them. Is there any help for parents with adopted children who are troubled or even violent? This is a story you've seen because of that case of that Russian child -- a story that's been in the news all week. We'll have more on a special report, that's ahead.

Also this --

(VIDEO CLIP)

SANCHEZ: This is going on in south Florida. Hundreds of teachers on the sick list in Miami, because of a bill that would link teacher pay to students' test scores. And the teachers are having a huge sickout. Something like 25 percent of the teachers, Brooke --

BALDWIN: Yes. Yes.

SANCHEZ: -- have decided that they're not coming to work today. And now, they don't know what to do in the classrooms. I mean, the thing looks more like a daycare than a school in south Florida.

This is a huge story. We're all over it. We've got it covered for you. Stay there. We'll be back with that.

(BEGIN AUDIO CLIP)

CALLER: Hey, Rick, this is anonymous from Palm Beach County, Florida. I do not believe that teachers should be linked to students' performances. Their parents should be linked to the students' performances.

(END AUDIO CLIP)

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

CALLER: Hey, Rick, this is Tammy from Missouri. And I do not believe that teachers' pay should be linked to students' performance on tests. The reason I believe that is, a test is a test. And how a person does on a test basically, you know -- I don't believe it's a true indicator of what somebody knows or doesn't know. Some people are really good with tests. Some people are not.

(END AUDIO CLIP)

SANCHEZ: This is an interesting question and one that's taking place right now right in the center of things is south Florida -- just outside Miami, Florida. Now, at the top of the education list today is this group of teachers in Miami-Dade County, something like 25 percent of them, we understand, who've decided not to show up for work today.

Now, take a look at some of these pictures. Many of these people are teachers who participated in the sickout today to protest a bill that's now sitting on Governor Crist's desk in Florida.

What is this bill? And why would it cause a quarter of the teachers to not show up today? Well, it's called SB6 -- SB6. It would link teacher pay to student performance on tests, specifically. Now, Crist has until this Friday to sign the bill into law or veto it.

We decided to check with an 18-year-old student/correspondent who we think is pretty good at doing this kind of thing. His name is Noah Gray. He's a high school senior. He's at Tropical Park. You hear all the commotion.

What is going on behind you? It sounds very noisy there, Noah? What's going on?

NOAH GRAY, FLORIDA HIGH SCHOOL SENIOR: Absolutely, Rick. It is crazy out here. If you look over here, there are teachers, probably 800 to 1,000, I'd say right now. They are teachers that did not go to work today.

They participated in the district-wide sickout. They called in sick or took personal days to show their opposition to SB6. They have been out here since 8:00 this morning.

And just now, you know, teachers coming out of school are coming here. Those that did go to the school, they're showing up here. But there are some students here, as well.

SANCHEZ: Well, why are the teachers -- it's their job to be there. They're being paid to teach the students. Is there another way that they can protest without failing to show up for work?

GRAY: And that's exactly why not all teachers in Dade County did that. You know, there has been some criticism that the parents are saying, well, you know, they should be in the classroom. They should be looking out for our students. So, that's a dilemma down here right now.

But these teachers that have been here since 8:00, they feel that they want to get their voice heard. And those who wanted to go to school went to school, and now, they're going to come out here. We're expecting more people between 4:00 and 6:00 tonight. It's going to get bigger and louder, and we'll see what happens, Rick.

SANCHEZ: Noah, you're doing a great job under these conditions. I know you can barely hear yourself, but this measure that essentially says to teachers: we're going to judge you depending on how well your students test.

Why is this so controversial? It seems to make sense to most people when they hear it certainly at first glance.

GRAY: Yes, absolutely. A lot of the young people that I've been speaking with really don't like this SB6, mainly because their teachers will get paid based on how they do on a test and that's just one day, you know? They feel that that's just not right, that teachers shouldn't get paid like that.

And that's what's really motivating all of these young feel have these walk-outs and sit-ins and join their teachers here in protest against it.

SANCHEZ: Noah, great. By the way, you're 18 years old. You're a high school senior. You live there in south Florida. You're doing a heck of a job.

I've had to report in a situation like that where you could barely hear yourself think, and you know, you're doing fantastic work. What's your story? Why did -- I know you've reached out to us before, but when did you start filing reports like this? GRAY: Well, Rick, I started something called "Virgin Voting," which was a documentary. I spoke to -- in the 2008 presidential election, I wanted to get young people involved in politics and voting. I've always been interested in broadcast and film and politics. So, I decided to do something about it. Interview the presidential candidates and have them speak directly to young people, which is when I got in touch with CNN. I got some work with "AMERICAN MORNING" for the election.

And, you know, now, I started something, VirginVoting.com, trying to get young people registered to vote, out to the polls.

SANCHEZ: Yes.

GRAY: Especially for this upcoming mid-term election.

SANCHEZ: What high school did I graduate from?

GRAY: Hialeah High School, I believe?

SANCHEZ: This kid knows his stuff.

You're a good guy. Appreciate you filing this report for us, Mr. Gray. And we'll get back to you. It's fascinating, not just the story, but the way that you are able to bring it to us right from, right in the thick of things, as they say. Thanks so much again for that report.

Take a look at this --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There will be no arrest made, nor criminal prosecution of Mr. Roethlisberger.

(END VIDEO CLIP)

SANCHEZ: With that, Super Bowl quarterback Ben Roethlisberger learns his fate for an alleged bathroom and bar incident. You're going to hear more from the prosecutor about why he was not charged, and all the specifics that go with it, and some of the reaction already coming in from some of his NFL colleagues. Stay there. We'll be right back.

(COMMERCIAL BREAK)

SANCHEZ: Welcome back. I'm Rick Sanchez.

Elizabeth Taylor posted a message on Twitter on Monday denying rumors that she is engaged to her manager. This is a story that's been out there, to say the very least, and then some.

She said, let me read to you. In fact, there it is. "The rumors regarding my engagement simply are not true. Jason is my manager and my dearest friend. I love him with all of my heart." Dame Elizabeth.

Who knew? Elizabeth Taylor, tweeting. See? You can never be too old to tweet, folks.

By the way, it turn that around that something is technically wrong with the big tweet board. Look that. Yes, all the way over here.

Now, Angie, my executive producer just said, check your favorites, Rick, for me, if you would, on the big tweet board. And I went to the big tweet board and look at that. There's something technically wrong. We have no idea what is technically wrong. We just know there's something technically wrong. We'll have it figured out by the time we come back from this break.

By the way, let me tell you what's coming up.

Professor Amy Bishop -- you remember her -- accused of killing several colleagues in Alabama. Now, word police may be reopening the case into her brother's shooting. Remember where she said it was an accident? There's a possibility now they may be opening that case.

Also, this -- did a New Jersey teachers' union distribute a memo wishing that their governor would be dead? Did they do that? And should we ask about that? We will.

Stay there. THE LIST continues.

(COMMERCIAL BREAK)

SANCHEZ: Two big stories that we're going to be following for you during this hour. First of all, let me see what the president has up his sleeve. In fact, he's just tweeted it. Let's check that. You'll see it right there.

Barack Obama, this is his personal tweet account. And he's telling Americans through this show and others: "Meeting with world leaders at today's Nuclear Security Summit -- focusing on solutions to keep nuclear materials away from terrorists." It's going to be a big part of this hour for us, and, obviously, we'll be dipping into that as it happens.

Meanwhile, there's a story having to do with NFL superstar quarterback, Super Bowl quarter, very rich quarterback, Ben Roethlisberger. The D.A. in Milledgeville, Georgia, has held a news conference. And that is going to be a big part of what we're going to be talking about as well.

Here it is.