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The Situation Room
Shooting Accident Victim Speaks Out; Landslide Swallows Philippine Village
Aired February 17, 2006 - 17:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN HOST: It's almost 5:00 p.m. here in Washington, and you're in THE SITUATION ROOM, where news and information from around the world arrive at one place at the same time.
Happening now, warm wishes from one friend to another. In Corpus Christi, Texas, the man who was accidentally shot by Vice President Dick Cheney finally speaks. He calls it an accident and welcomes Cheney to keep hunting in Texas.
Meanwhile, the vice president is in his home state of Wyoming with his own message to his friend.
A CNN exclusive, Michael Brown in a new movie as you've never heard him before. The former FEMA director plays judge and jury over who aced and who failed just after Hurricane Katrina. Brown hands out grades to Homeland Security Secretary Chertoff, even to President Bush.
And mud and mire, desperation and despair, a landslide virtually swallows a village in the Philippines. More than 1,000 people could be buried under blankets of mud up to 30 feet deep.
I'm Wolf Blitzer. You're in THE SITUATION ROOM.
Both men are hoping all's well that end's well, Harry Whittington and Vice President Dick Cheney. In almost simultaneous remarks, the country's most famous shooting victim spoke out. Meanwhile, the accidental shooter also delivered a message.
Our Chris Lawrence is standing by in Cheyenne, Wyoming, but let's go to Corpus Christi, Texas first. That's where Ed Lavandera is covering this story -- Ed.
ED LAVANDERA, CNN CORRESPONDENT: All right, Wolf. Well, three days ago Harry Whittington had suffered a mild heart attack because of the shooting accident last Saturday, but today he left the hospital.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: With that, I'll introduce the individual you've been wanting to see all week, Mr. Harry Whittington.
LAVANDERA (voice-over): With that, the curtain was finally raised on the man at the center of a week-long drama. HARRY WHITTINGTON, SHOOTING VICTIM: Good afternoon. All of you of the media have been very patient in waiting for me to make my appearance here. I hope you understand. I'm sorry I delayed you. I know your role is to get the news out to the public. I compliment you on what you've done. I've read and seen many of your reports and I know your job isn't easy.
I regret that I couldn't have been here earlier so you could see what a lucky person I am.
LAVANDERA: This was Harry Whittington's first public appearance since the hunting accident that left the right side of his face with yellow and purple bruises.
WHITTINGTON: For many years, my family have been friends of the Armstrongs down in Kennedy County. We have visited them for over 25 years and have had some wonderful trips and visits and pleasant memories we'll cherish forever.
However, this past weekend encompassed all of us in a cloud of misfortune and sadness that is not easy to explain, especially to those who are not familiar with the great sport of quail hunting.
We all assume certain risks in whatever we do, whatever activities we pursue, and regardless of how experienced, careful and dedicated we are accidents do and will happen, and that's what happened last Friday.
I am very grateful and want to thank all of the people who have remembered me in their prayers and the kindness that I have -- that you have extended to my family who has been here this week.
LAVANDERA: Even though he was the one shot by Dick Cheney, it was Harry Whittington who apologized to the vice president.
WHITTINGTON: My family and I are deeply sorry for all that Vice President Cheney and his family have had to go through this past week. We send our love and respect to them as they deal with situations that are much more serious than what we've had this week. And we hope that he will continue to come to Texas and seek the relaxation that he deserves.
LAVANDERA: And in his final thoughts, Whittington managed to mix a little humor with emotion.
WHITTINGTON: I also thank all of you for understanding the best you can that medical attention is very important for someone my age, and you haven't failed to give my age. Finally, I want to say there is simply not adequate words to express my gratitude and appreciation to the very talented physicians, medical staff, nurses of this great Christus Spohn Memorial Hospital System here in Corpus Christi and in Kingsville. They've given me exceptional treatment, care and compassion, for which I am very grateful. They are truly remarkable servants of God and I am extremely blessed for all they've done. Thank you.
(END VIDEOTAPE)
LAVANDERA: Now, we've been told throughout the week that doctors had been hearing from Harry Whittington that he thought all of the hoopla surrounding his condition was much ado about nothing. But I think it's clear from hearing him speak here today that this was definitely neither he nor his family will ever forget -- Wolf.
BLITZER: He looks like and sounds like an excellent gentleman, in fact.
Thanks very much, Ed, and we're really happy that Harry Whittington is out of the hospital and apparently doing quite well. Thank God for that.
Let's check some other news on this same story. Our Chris Lawrence is in Wyoming right now, where the vice president came to his home state and spoke before a very, very friendly audience.
So, what happened there today -- Chris?
CHRIS LAWRENCE, CNN CORRESPONDENT: Well, you said it, Wolf.
Vice President Cheney received a standing ovation. People were literally yelling and screaming in support of him as he stepped to the podium. But some of those same people were a little surprised that the vice president barely even eluded to the shooting in his speech.
(BEGIN VIDEO CLIP)
DICK CHENEY, U.S. VICE PRESIDENT: It's a wonderful experience to be greeted with such warmth by the leaders of our great state. And it's especially true when you've had a very long week. Thankfully, Harry Whittington is on the mend and doing very well.
(END VIDEO CLIP)
LAWRENCE: Yes, and that was all that he ever said about the shooting during this entire speech. People maybe expecting a little more, to get more insight into what went into his thinking over the past few days. They didn't get it, and now that he's off to Jackson, his home on the other side of the state, for a restful weekend, that may be all that we hear from the vice president about this at this time -- Wolf.
BLITZER: Chris, thank you very much. Chris Lawrence is in Cheyenne, Wyoming.
Let's check in with CNN's Fredricka Whitfield. She's at the CNN Center. She's following two developing stories around the world.
Fred, what's going on?
FREDRICKA WHITFIELD, CNN CORRESPONDENT: Well, hello again, Wolf.
More violent protests, this time out of Libya, over the cartoons of the Prophet Mohammed. Conflicting reports of how many were killed or injured, but Reuters and the Associated Press reporting between 9 and 11 killed and 55 injured after about 1,000 protesters tried to storm the Italian consulate, then clashing with police.
And in the Philippines, the numbers look very grim right now. Only 53 survivors and 18 bodies recovered from a massive mudslide. A Red Cross official estimates the number of dead at 300, but with about 1,500 people missing, the toll is all but certain to climb.
(BEGIN VIDEOTAPE)
(voice-over): This is what remains of the village on the Southern Philippines island of Leyte. Acre upon acre of mud, up to 30 feet deep.
Survivors report hearing a loud crack or explosion just before the mountain above the village gave way.
UNIDENTIFIED MALE (through translator): When that explosion happened, the side of the mountain appeared like it was being pushed down, and then all of the sudden the entire mountain collapsed.
WHITFIELD: The region has been inundated by rain because of La Nina. More than 20 inches this month alone and officials had warned that conditions were right for a slide, but no one anticipated a disaster of this magnitude.
EVA TOMOL, PHILIPPINES DISASTER OFFICIAL: The official number of residents there is about 3,000 people, so the worst -- we hope that it's not going to reach there, but we feel that about half of that are surely under all that mud and water.
WHITFIELD: Among the many buildings buried, an elementary school that was in session with more than 200 students. Heavy equipment was brought in to help in the search for survivors, but the ground is too unstable. So much of the rescue work done by hand, but because the danger of more slides persists, officials temporarily pulled out rescue crews.
GOV. ROSETTE LERIAS, SO. LEYTE PROVINCE: We stopped rescue operations at 6:30 tonight because of the rain and it's getting dark and we were posing a lot of risks to the lives of the rescuers.
(END VIDEOTAPE)
WHITFIELD: Unbelievable pictures, Wolf.
Two U.S. warships are heading towards Leyte Island to help and the Philippines government is appealing to Washington for emergency supplies, including water, food, medicine and earth-moving equipment.
BLITZER: What a horrible, horrible tragedy.
Thanks very much, Fred. We're going to have much more on that story coming up, 7:00 p.m. Eastern tonight, right here in THE SITUATION ROOM. As well, much of the Great Lakes region and northern plains are being blasted by snow and frigid temperatures right now, while here in Washington it actually feels like spring today. What's with all this wild weather that's going on? How long is it going to last?
Our meteorologist Jacqui Jeras is joining us from the CNN Weather Center with the answer.
Jacqui, what is going on?
JACQUI JERAS, CNN METEOROLOGIST: Well, Wolf, our arctic air has been bottled up to our north all season long and it's finally been advancing forward since Wednesday, and now it's making its worst push into the Midwest. You can see the live picture beside me, right there.
Duluth, Minnesota, there is a view of Lake Superior, a wind chill warning in effect there tonight, 35 to 45 degrees below zero is expected in Duluth, and then in Green Bay, Wisconsin, you got a foot of snow there yesterday. Now we're looking at wind chills around 20 to 30 degrees below zero.
There are warnings in effect all across parts of the north, 30 to 50 in the purples with 20 to 30s into the light blue regions. Low temperatures tonight on the thermometer. Subzero from Montana through Minnesota, into the UP of Michigan. Temperatures have been very mild across the east, and now we're dropping below freezing for the first time since the nor'easter and will be barely getting above that freezing mark as we head into the weekend.
That arctic air spilling down all the way to the Gulf Coast, Wolf, although it will be modified some, and we're very concerned about a big ice event from Dallas to Memphis and even snow in Nashville tomorrow -- Wolf.
BLITZER: What a weather situation. Thanks, Jacqui, very much.
Let's go up to New York. Jack Cafferty is standing by again with THE CAFFERTY FILE. Hi -- Jack.
JACK CAFFERTY, CNN CORRESPONDENT: How you doing, Wolf?
If you've ever had an airline lose your luggage, join the crowd. It's a very big crowd. According to the Department of Transportation, the airlines lose 10,000 bags a day last year, and that's up 23 percent from the year before and comes out to a total of 3.5 million reports of lost luggage last year.
The reasons include more passengers, airline budget cuts, backed up flights and tighter inspections of luggage. Among the major carriers, U.S. Airways and Delta have the worst records. U.S. Air told "USA Today" that it will get better. And Delta says it's focused on making significant progress. That's very comforting.
The question is this: is there any reason the airlines should lose 10,000 bags a day? Email us at CaffertyFile@CNN.com.
Coming up, Brian Todd will have more on this story. He's at Reagan National Airport in Washington, D.C. looking for his stuff.
BLITZER: All right, Jack, thank you. We've all been in that situation.
CAFFERTY: I know.
BLITZER: Thanks again.
Up ahead, more candid and more critical than ever, the former FEMA director, Michael Brown, speaking his mind in a brand new documentary film. Details of what he says about President Bush, his old boss, the Homeland Security secretary and much more. We're going to have that for you.
And Donald Rumsfeld's choice words for the U.N. secretary- general. Why he says Kofi Annan is simply flat wrong.
Plus, the former White Water prosecutor, Ken Starr. He's playing a surprising role in a controversial death penalty case out in California. He's going to join us live here in THE SITUATION ROOM. That's coming up.
(COMMERCIAL BREAK)
BLITZER: Welcome back.
President Bush isn't letting nagging questions and controversy surrounding him stop him from going forward with his agenda. We're going to get to that in a moment, but let's go to Fredricka Whitfield first. She's at the CNN Center. She's got a story that's developing right now.
What's going on?
WHITFIELD: Well, Wolf, let's take another look at a pretty frightening scene. You're looking at the result of a collision between a train and a bus, this taking place in Hernando County, Florida, which is central Florida, just north of Tampa. We don't know how many people may have been involved, nor do we know anything about injuries. But, of course, when we get any more information about how in the world this bus and train collided there in central Florida, we'll be able to bring that to you -- Wolf.
BLITZER: Thanks, Fred, very much. We're going to get more on this story coming up.
And as I said, President Bush is not letting those nagging questions stop him from making his rounds. He attended a briefing on the war at the headquarters of the U.S. Military Central Command down in Tampa, Florida. Afterwards, he spoke to supporters in Tampa. On the economy, he says one way to keep a strong economy is to keep taxes low. He also says, quote, "We've got to get off Middle Eastern oil." It was a busy day for other members of the Bush administration as well. The Defense Secretary Donald Rumsfeld was also out discussing the war on terror, the war in Iraq, among other subjects. Specifically, he responded to a very harsh United Nations' report concerning the U.S. terror detainee facility at Guantanamo Bay in Cuba.
Our Pentagon correspondent Barbara Starr is standing by at the Pentagon with details -- Barbara.
BARBARA STARR, CNN PENTAGON CORRESPONDENT: Wolf, Guantanamo Bay is the controversy that simply does not appear to end.
(BEGIN VIDEOTAPE)
(voice-over): Defense Secretary Donald Rumsfeld says U.N. Secretary-General Kofi Annan is flat wrong, those are Rumsfeld's words, about closing the detention facility at Guantanamo Bay, Cuba, where nearly 500 suspected terrorists are being held. That was just the beginning of Rumsfeld's criticism of Kofi Annan.
DONALD RUMSFELD, U.S. SECY. OF DEFENSE: He's never been to Guantanamo Bay. There have been hundreds of members of the United States Congress and their staffs who have been there. There have been hundreds of journalists who have been there. There have been hundreds of foreigners who have been there.
STARR: A United Nations' report concluded the United States is conducting what amounts to torture and human rights violations.
It was this comment Thursday from the secretary-general that prompted Rumsfeld's outburst.
KOFI ANNAN, U.N. SECY.-GEN.: And I think sooner or later there will be a need to close the Guantanamo, and I think it will be up to the government to decide, and hopefully to do it as soon as is possible.
STARR: Rumsfeld says the detainees are terrorists who are trained to lie.
RUMSFELD: Tell them you're tortured. Tell them it's terrible. Tell them this, tell them that. That's what they do. And then these people from the United Nations, who wrote this report, who've never been down there, they were invited down there, they could have looked around.
(END VIDEOTAPE)
STARR: But, Wolf, the United Nations inspectors declined the Bush administration's invitation to go to Guantanamo Bay because Washington would not let them interview the detainees -- Wolf.
BLITZER: Barbara Starr, at the Pentagon. Thank you very much.
Coming up, the former White Water prosecutor, Ken Starr. He's going to join us live. We'll speak about the controversy surrounding his clemency case for a death row inmate.
Plus, 10,000 pieces of luggage lost or mishandled by the airlines every day. We're going to show you what's behind the problem. Stay with us.
(COMMERCIAL BREAK)
BLITZER: Odds are it will happen to anyone who flies sooner or later. That would be lost luggage. While it's a bigger problem than many people realize, the underlying causes are pretty simple.
CNN's Brian Todd is over at Reagan National Airport here in Washington with more -- Brian.
BRIAN TODD, CNN CORRESPONDENT: Wolf, experts say this problem of mishandled luggage has gotten much worse over the past year, and tempers are boiling at baggage claim.
(BEGIN VIDEOTAPE)
(voice-over): Lisa Pfenninger is at the end of her rope. She's just brought her travel bag back to the airline for repairs, after it was damaged during the time it was lost for three days somewhere between Miami and Reagan National Airport.
LISA PFENNINGER, BAG LOST AND DAMAGE: They completely trashed it. It looks like they put it through a dumpster and rolled it around and shot it with bullet holes and tore it up with a knife. I mean, it's totally trashed. I had to put it I a garbage bag in order to bring it here. It's outrageous.
TODD: This kind of frustration is multiplying. The Department of Transportation now says U.S.-based carriers mishandled more than 3.5 million bags last year. That's nearly 10,000 a day. Mishandled meaning lost, delayed, damaged or stolen.
Among the major carriers with more than 30 million passengers last year, U.S. Airways had the highest rate of mishandled bags, nearly 10 for every 1,000 passengers, followed by Delta.
Contacted by CNN, both airlines said they recognize the problem and are taking steps to fix it. U.S. Airways officials say they're mortified by the numbers and they cite the challenges of slogging through two bankruptcies in recent years.
David Stempler of the Air Travelers Association says that's the essential problem. Financially strapped major carriers struggling to compete with the discount airlines. The majors have cutback personnel, they're dealing with more passengers, backed up flight schedules, tighter baggage screening; an overloaded system. But Stempler says passengers looking for someone to blame should look in the mirror.
DAVID STEMPLER, AIR TRAVELERS ASSN.: We, the passengers, are the ones to blame. This is the airline system that we bought. We basically said the three most important things that we want is low fares, low fares and low fares.
TODD: It all has a ripple effect, says Stempler. More passengers carry luggage onboard, overhead bins are jam-packed and more dangerous. Flights take longer to board and depart, and the system is again overloaded.
(END VIDEOTAPE)
Experts say this is not going to matter much to passengers in the long run. They will not fly any less because of mishandled luggage. The system will continue to get worse, Wolf, and experts say the passengers will refuse to pay at the ticket counter to make it any better.
BLITZER: Brian Todd, reporting for us from Reagan National. Thanks, Brian.
And don't forget to weigh in on this question. It's the question of the hour for Jack. Is there any reason the airlines should lose 10,000 bags a day? Email us at CaffertyFile@CNN.com.
Coming up, we've heard a lot of criticism for the way the former FEMA director, Michael Brown, handled the Hurricane Katrina crisis, but how would he grade his bosses?
Then, forgotten city? We're going to have a dramatic report from one hurricane-ravaged town, where residents say they're still waiting for help.
You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: Welcome back to THE SITUATION ROOM. I'm Wolf Blitzer, in Washington.
He gave frank and sometimes heated testimony to Congress, but now we're seeing a different side of the former FEMA director, Michael Brown. In a new documentary, he's extremely candid, critical and even emotional.
CNN's Mary Snow is joining us from New York with more -- Mary.
MARY SNOW, CNN CORRESPONDENT: Well, Wolf, on Tuesday night, former FEMA Director Michael Brown sat face to face with a filmmaker who interviewed him for a documentary. That interview lasted 2-1/2 hours and Brown pointed blame at others and himself. He seemed most heated when asked about claims that racism hampered the government's response.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Racism and poverty are two issues that have sprung back to the forefront of American and worldwide consciousness because of Hurricane Katrina. MICHAEL BROWN, FMR. FEMA DIRECTOR: There was no racism involved in the response. That's not in FEMA's nature, to let that get in our way.
UNIDENTIFIED MALE: People say that the response would have been faster if there were predominantly Caucasian, more affluent people, in dire need.
BROWN: That's bull (EXPLETIVE BEEPED). How many people -- how many people know what's in my heart, you know? How many people know perhaps some of the economic background in my family? How many people know the minorities that I've hired on my staff or the minorities that I'm close friends with? I just find that -- I just find it unacceptable.
UNIDENTIFIED MALE: Do you think that people are using Katrina as a platform to promote their own political agenda?
BROWN: Duh. Yes, they are. I think the closer we get to the '06 and '08 elections, people will continue to politicize it, and it's shameful.
(END VIDEO CLIP)
SNOW: At another point during the interview, Brown got emotional when then filmmaker, who was also a victim of Hurricane Katrina and from the New Orleans area, told Brown he was personally angry with him, but said he forgave him because he is a Christian. We will have more on that at 7:00 p.m. Eastern -- Wolf.
BLITZER: Mary, thank you very much.
And we're going to have much on this story, as Mary says, coming up, 7:00 p.m. Eastern.
Sunday, on "LATE EDITION," I will speak with the homeland security secretary, Michael Chertoff. We will get his take on what's happening.
Still to come here in THE SITUATION ROOM, we're going to have Ken Starr, the former Whitewater prosecutor. He's now involved in a case trying to prevent someone from being executed Tuesday in California. We are going to tell you what is going on -- Ken Starr live here in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: Former Whitewater prosecutor Ken Starr is part of a legal team seeking clemency for a California death row inmate. Michael Morales is scheduled to die Tuesday for a rape and murder. But some say Morales was unjustly sentenced to death based on unreliable testimony. They're asking the governor, Arnold Schwarzenegger, to commute the sentence to life in prison.
That effort may have suffered a setback, though. There are now questions over whether affidavits from jurors who allegedly changed their minds about executing Morales were forged.
Ken Starr is joining us now from California.
Judge Starr, thanks very much for joining us.
First of all, a lot of our viewers aren't familiar with this Michael Morales case. He confessed. There's no doubt that he killed someone in a brutal, brutal fashion.
KEN STARR, DEAN, PEPPERDINE LAW SCHOOL: There's no question.
And he has accepted responsibility for that terrible action. He deserves punishment. He has accepted the fact that he deserves to be in prison. But he's lived an exemplary life in prison.
But our submission is very simple, and has nothing to do with juror declarations. It has everything to do with the fact that the only reason that Michael is suffering the death penalty, as opposed to life in prison without the possibility of parole, is because of the perjured testimony of a jailhouse informant.
And on a very dramatic development, just three weeks ago, the sentencing judge, Wolf, in the case, here in California -- and we are outside San Quentin prison right now -- the sentencing judge in the case, in a very dramatic move, wrote a letter to the governor, urging the governor to grant clemency, not on grounds of mercy, but on grounds of justice, that the only reason that he, the very sentencing judge appointed by Ronald Reagan, sentenced Michael Morales to die, as opposed to life imprisonment, the only reason was because of the testimony of a jailhouse informant that, at the time, the sentencing judge found credible.
We now know that the jailhouse informant was committing perjury. He was lying. And we have proven that. And he had a reason to lie. He got a great deal from the government.
BLITZER: So, basically, what -- what you want, Judge Starr...
K. STARR: So, this execution...
BLITZER: Excuse me for interrupting.
K. STARR: Sure.
BLITZER: What you're seeking is life without the possibility of parole, as opposed to the death sentence; is that right?
K. STARR: That's exactly right.
We think Michael's crime, which -- by the way, Michael wrote a letter to victim's family before the trial, repenting, join saying that he was sorrowful. He was on PCP. He was on alcohol. That's no excuse. He's responsible.
The issue now, three days before, right here behind us, at San Quentin prison, that he will be executed is because of perjury. We shouldn't allow that in our society.
BLITZER: You know, you say he has shown contrition.
His mother, Barbara Christian -- not his mother -- the victim's mother -- excuse me -- Barbara Christian, is quoted by the Associated Press as saying -- quote -- "I haven't heard a word from him, Morales, in 25 years. If he has changed, he sure hasn't let me know."
Those are strong words from the victim's mother.
(CROSSTALK)
K. STARR: Our hearts go out to the victim, the victim's family. The sorrow continues.
But the fact -- and this is undisputed -- is that Michael's lawyer told him not to send that letter prior to trial. And what we do know -- and the judge, with all due respect to the family -- and we -- we suffer the anguish of the family -- but the judge himself found that Michael was remorseful for what he had done.
And he expressed that remorse in open court. Now, you can question that. But I don't think there's a grounds for a fair-minded person, in light of the way that Michael has lived his life -- and, essentially, what we would be doing is taking the life of an individual who is on death row only because of perjury.
So, whatever, whatever one may think about crime -- and it was a horrible crime -- do not, in fact, use the death penalty in a way that's profoundly unfair. And that's the what's the sentencing judge appointed by Ronald Reagan now almost a generation ago has urged the governor of California to do.
(CROSSTALK)
K. STARR: And that's what we're hoping to do.
BLITZER: You're not ideologically opposed to the death penalty, are you, Judge?
K. STARR: No, Wolf.
I'm not opposed to capital punishment. I think there's a place for capital punishment for the most heinous offenses. But I also believe there has to be great care in its administration, that we have to absolutely certain, first of all, that the person is both guilty as a factual matter, but also is guilty as a matter of law.
There is both fact and law. And it's on the law side that we now know that the perjured testimony of Bruce Samuelson, wherever he may be -- and we have been trying to locate him -- the perjured testimony of Bruce Samuelson is the only basis. And that is not a lawyer arguing. That's what the sentencing judge himself has concluded...
BLITZER: Judge...
K. STARR: ... is the reason.
BLITZER: There's another issue that has come in recent days, are these apparently forged documents that one of your legal colleagues apparently presented to the judge right now, suggesting that the jurors have had a change of heart. This is -- this is potentially a major -- a major problem in your effort to avoid his being executed on Tuesday.
K. STARR: It's a total sideshow.
We should forget about the juror declarations. My colleague, who's here, David Senior, is a very experienced lawyer. And what David rightly did -- and we consulted about this -- was to say to the governor, we withdraw those declarations, because questions have been raised.
It was a very professional and responsible thing to do. Now, I do know that the investigators, very able attorneys, have said we conducted our investigation, and they're true. Well, we don't have time to sort that out.
If they're true, they're true. But, even if they're not true, it's irrelevant. It's a sideshow, because the key point is Bruce Samuelson and that perjured testimony. When Judge McGrath, on January 25, Wolf, wrote the governor, urging clemency, he wasn't relying on juror declarations. He was relying on the law.
BLITZER: One final question, before I let you go, Judge.
You're teaming up with the ACLU. A lot of our viewers hear Ken Starr teaming up with the ACLU on this case, they're going to be surprised. Is this the ultimate odd couple?
(LAUGHTER)
K. STARR: I was actually asked, not by my friends at the ACLU.
And I sometimes agree and, more frequently than not, disagree with my friends at the ACLU in particular positions. But I was asked by a very distinguished Los Angeles lawyer, David Senior, who is a court-appointed counsel in this case. And that's why I became involved, when he involved me about this case, the merits of this case, and I realized that the sentencing judge had renounced the sentence of death, and essentially said that Michael Morales should serve the rest of his life in prison, but he shouldn't be executed here at San Quentin prison on Monday night.
BLITZER: Ken Starr, as usual, thanks very much for joining us. We appreciate it. And I know you're incredibly busy.
He's the dean of Pepperdine Law, among other things, right now.
Ken Starr joining us from California.
K. STARR: Thank you. BLITZER: Let's go back to Fredricka Whitfield at the CNN Center in Atlanta. She has got more on what's going on in Benghazi, Libya, right now.
What is going on, Fred?
WHITFIELD: Well, just a bit more now.
It's being reported that, after the violent protests now taking place in Libya concerning the publication of the cartoons of the Prophet Mohammed, now, reportedly, 11 people have been killed in these clashes between the demonstrators and the armed police in the Italian Consulate.
And, reportedly, what took place, that about 1,000 demonstrators then tried to charge the first floor of the consulate, the Italian Consulate there in Benghazi, sending rocks, as well as bottles, before setting fire to the first floor.
And now officials are saying no Italians have been injured or -- or are among those killed. But, instead, the Italian Foreign Ministry in Rome is saying that the grounds there are protected by the Libyan armed forces.
You're looking at the latest pictures coming in right now, showing the flames. And, as a result, now, 11 people have been killed and several others have been wounded. This is just the latest of a wave of protests that have taken place across the world involving those 12 published cartoons -- Wolf.
BLITZER: Fred, thank you very much. That story doesn't seem to go away at all. We will get back with you for more on it as it becomes available.
We will move on now to other news we're following -- just in time for Mardi Gras, two important and symbolic reopenings in New Orleans. The Convention Center is back in business as of today. Thousands of people took shelter there from the flooding that followed Hurricane Katrina, only to find themselves trapped, with little food or water.
And Harrah's has reopened its casino. The company says more than 1,200 employees are back on the job, although that's about half the number before Katrina.
Mardi Gras falls on February 28 this year. Fat Tuesday, as it's called in English, comes the day before Ash Wednesday. And it began as a final celebration before Lent began.
But, in some places, the party starts weeks before in what is known as the Carnival season. New Orleans saw its first Mardi Gras parade back in 1857. And, 90 years later, Blaine Kern's starting building -- started building floats for the parades. More than half- a-century after that, they still do that.
And that's earning Kern the nickname Mr. Mardi Gras.
Mr. Mardi Gras, Blaine Kern, is joining us now live from New Orleans.
Are you ready for this new Mardi Gras, Mr. Kern?
BLAINE KERN, "MR. MARDI GRAS": First of all, I want to say, I have been watching you for a lot of years. And -- and thank you for coming to New Orleans and showing us off in the light that I think we are going to be shown off.
BLITZER: Well, are you ready for -- for this new Mardi Gras...
KERN: Oh, yes.
(CROSSTALK)
BLITZER: ... given what Hurricane Katrina did to your -- your beautiful city?
KERN: Oh, that -- listen, it really did knock us.
However, I called the captain of Rex. They had six feet of water in the Rex den. And he said, Blaine, I don't care what's in there. We're going go out if Rex rolls out with a watermark on the floats. I called the captain of Bacchus. He lost his home, and his three sons lost their homes. He said, Blaine, we're going to parade.
I called Zulu. They had 10 people killed, and 80 percent of their people lost their homes. Wolf, they're all going to go forth. And that's the same way -- Harry Connick Jr.'s group. Everybody wants to parade.
I went -- I went to Destin. I evacuated my grandkids and all. My gosh, when I went -- I was at church. I was at -- besieged by people. Everybody, Blaine, we have to do this. I was amazed.
I just came back from Africa, Wolf, went over there to get some warriors. I'm in Victoria Falls. And they're asking me if we're going to have a Mardi Gras. I'm -- I'm astounded by the whole thing, Wolf.
BLITZER: In South Africa -- you came back with some Zulu. Tell us about that.
KERN: Well, we -- I went over there, and I met a lady, Felicia (ph), who is the equivalent of Oprah Winfrey here. And she got on -- she's helping me out, bringing in a dance troupe and warriors..
And I just felt that the Zulu Club was hit harder than every -- than anyone else. And I'm a great believer not only in Zulu, but in the fact that New Orleans has been and is a gumbo, a cultural gumbo. And we're unique in the world.
Wolf, I have been around the world four or five times. Everywhere I go, I don't -- when I say I'm from New Orleans, I get a big grin. We got a lot of warts, Wolf, but, boy, we know how to entertain, feed you, play good music, and show you how to party.
BLITZER: We wish you only the best of luck with Mardi Gras.
Mr. Mardi Gras, Blaine Kern, we are going to have back, and you're going to tell us what else is going on. Thanks so much for joining us.
KERN: My pleasure, Wolf. And goodbye.
BLITZER: Thank you, Blaine Kern, Mr. Mardi Gras.
Recovery from Hurricane Katrina is progressing faster in some areas than in other areas.
CNN's Kathleen Koch recently went back to her hometown of Bay Saint Louis, Mississippi, which was devastated by the storm.
(BEGIN VIDEOTAPE)
KATHLEEN KOCH, CNN CORRESPONDENT (voice-over): It's been nearly six months since the worst natural disaster in the U.S. history, and not a single destroyed home, not a single grocery store, not a single business on Beach Boulevard has been rebuilt in Bay Saint Louis.
In some places, it's as if time stood still. And there is a growing sense of betrayal here in Bay Saint Louis among residents who have been paying for home insurance for years. Now many of these insurance companies are refusing to pay.
TOMMY KIDD, RESIDENT OF BAY SAINT LOUIS: I've talked to people that have not even seen an adjuster yet. And they're not asking for what is not theirs. All they want is to be put back whole, be paid the insurance that's due them.
KOCH: Even Bay Saint Louis' congressman, who, like so many here lost everything, is finding his insurance company.
REP. GENE TAYLOR (D), MISSISSIPPI: I had a tin roof on my house. There were pieces of my tin roof 20 to 30 feet up in trees behind where my house used to be, kind of wrapped around it all like a taco shell. When they came back with my claim and said there was no wind damage to my house, and I pointed to the tin, they just kind of shrugged.
KOCH: So, he is suing.
TAYLOR: There ought to be a national registry of child molesters and insurance company executives, because I hold them in the same very low esteem.
KOCH: He's not alone. In fact, the state of Mississippi is suing the insurance companies on behalf of all its residents. No insurance company we contacted would talk to us on camera, so I went to see a spokesperson for the industry.
(on camera): It sounds like many insurance companies are trying to say this is the first hurricane in history that came with no wind, that sustained 125-mile-an-hour winds can do no damage. I've stood in 70 mile-an-hour winds in a hurricane and watched a roof blow off a hotel. How can they say 125-mile-an-hour winds can do no damage?
CAROLYN GORMAN, INSURANCE INFORMATION INSTITUTE: I think that they -- they do know there was a 28-foot storm surge that came through. Also, there are many houses...
KOCH: Six hours after the 125-mile-an-hour sustained winds.
GORMAN: Well, it's -- it's a difficult situation.
KOCH (voice-over): Of course, insurance isn't the only problem. Small-business loans are being granted at a snail's pace. And after all this time, there are still residents waiting for FEMA trailers. Almost everyone here is waiting for something to make their lives whole again.
(END VIDEOTAPE)
BLITZER: Kathleen is here in THE SITUATION ROOM with us right now.
This must have been so incredibly emotional, for you, Kathleen, to go back to your hometown and see what's happening.
KOCH: It has been one of the toughest stories I have ever covered, Wolf.
But, I think, you know, to me, what's so inspiring is -- is the people in my hometown. These people are such amazing optimists. They are so hopeful.
And -- and, Wolf, I'm going down there next week for -- for a week at Mardi Gras. And I -- I have a mantra and a message that I think we need to get out. And -- and people there want to celebrate Mardi Gras. They want people to come. But -- but we say, you have to pay to play. If you're going to come, if you can find a place to stay for Mardi Gras at a party, then stay an extra two or three days and -- and gut houses and hang drywall and help put the Gulf Coast back together again.
BLITZER: Kathleen Koch, excellent work. Thanks so much.
KOCH: You bet.
BLITZER: And, to our viewers, an important message -- you can see much more of Kathleen's compelling reporting on her return to Bay Saint Louis this Saturday and Sunday night on "CNN PRESENTS." It's called "Saving My Town," 8:00 p.m., 5:00 Pacific, only here on CNN.
Up next, about to take a flight, you might want to pack lightly. The government says the airlines loses -- get this -- 10,000 bags every day. What do you think of that? Jack Cafferty has your e-mail.
And, in our 7:00 p.m. hour, Michael Brown hands out brownie points. In a CNN exclusive, the former FEMA director grades those involved in the Hurricane Katrina response.
Stay with us.
(COMMERCIAL BREAK)
BLITZER: And this just in: Governor Arnold Schwarzenegger has declined clemency to the convicted murderer Michael Morales. We just interviewed Ken Starr, who is trying to get him a life sentence without the possibility of parole.
The governor, in a statement, says: "There is no compelling evidence that the jury's punishment is not appropriate in this case. All the reviewing courts have upheld the jury's punishment. Morales' claim that he is a changed man does not excuse the brutal murder and rape of Terri Winchell."
The governors says this man should die on Tuesday.
There's another developing story we're following right now. Let's head over to the Pentagon.
Our Barbara Starr is standing by with word of a crash.
What has happened, Barbara?
STARR: Wolf, very sad news to report.
Two U.S. Marine Corps CH-53 helicopters have crashed into the ocean off Djibouti. That is in the Horn of Africa. The -- there were two helicopters flying together. There were six personnel on board each of these CH-53 helicopters.
We're told a search-and-rescue operation is under way. But, of course, it's nighttime over there. And the details are very sketchy, very first reports at this time. But officials here are very strongly saying there's no indication of hostile fire.
Very close to home, Wolf. I flew with that Marine Corps unit when we were in Djibouti last month. They're terrific pilots. They're terrific crews -- people here now waiting to find word about the fate of the 12 personnel that were on those two helicopters Crashing into the Horn -- the waters off the Horn of Africa -- Wolf.
BLITZER: Thanks, Barbara, for that -- Barbara Starr reporting.
Up next, Jack Cafferty will be back with your e-mail on the question of the hour.
And, in our 7:00 p.m. Eastern hour, something very special. We will hear more of those never-before-seen interview clips with the former FEMA Chief Michael Brown. And we will talk to the executive producer of the documentary, the man who did the interview with Michael Brown -- the aftermath of Hurricane Katrina.
You're in THE SITUATION ROOM.
(COMMERCIAL BREAK)
BLITZER: Let's head right back to Fredricka Whitfield. There's a developing story we are just getting word of -- Fred.
WHITFIELD: Well, this is considered a huge victory for the makers of the popular painkiller Vioxx.
Merck & Company was cleared in a ruling by a federal court judge, saying that Merck doesn't bear responsibility of the heart attack death of a 53-year-old Florida man. This is now the second court victory for Merck in relation to the drug Vioxx -- Wolf.
BLITZER: All right, thanks very much, Fred, for that.
This is the first federal court that has ruled in favor of Merck.
Jack Cafferty is in New York with "The Cafferty File" -- Jack.
CAFFERTY: Wolf, stunning statistic.
According to the Department of Transportation, the airlines managed to lose 10,000 bags a day last year, a 23 percent increase from the year before. That's a total of 3.5 million reports of lost luggage last year.
The question we are asking is, is there any reason the airlines should lose 10,000 bags a day?
Parker in Covington, Kentucky: "In this day and age, the airlines have no excuse at all to lose that much baggage. What they need to do is partner with FedEx or UPS to track them. If one of those companies lost that many packages a day, they would be out of business."
Roger in Houston writes: "What does the traveling public expect when airlines outsource ramp operations to the lowest bidder, paying their ramp works $9 to $10 an hour? It's just the beginning of service and safety woes for this industry that, in the last two years, has laid off countless employees and outsourced practically everything to the cheapest bidder."
Joe in Castroville, Texas: "Lost luggage has become the butt of so many jokes, that when we Googled 'lost luggage jokes,' we got 892,000 hits. Try it."
Gregor writes: "A passenger checks in, says: 'Send this bag to Rio. Send this one to Paris. Send this one to Newark.' The attendant says, 'Why?' The passenger says, 'That's what you did last month.'"
(LAUGHTER)
CAFFERTY: Tina in Columbus writes: "Maybe the bags just escape and run off the tarmac into the marshes, like the whippet."
That's that prize-winning dog that disappeared a couple of days ago.
And Ryan in Ann Arbor, Michigan, writes: "Let's sell airline baggage handling to North Korea." (LAUGHTER)
CAFFERTY: Finally, this -- this weekend, on "IN THE MONEY," one of America's top economists talks about the effect that the unusually mild winter is having on our economy -- it's all good -- why paying your taxes with a credit card is not a good idea. And a man who predicted the disaster that was Hurricane Katrina suggests it may be pointless to try to rebuild New Orleans.
"IN THE MONEY," Saturday at 1:00, Sunday at 3:00. We do take roll. Try to be on time -- Wolf.
BLITZER: We -- we will be there, Jack. Thanks very much.
And you will be back here in one hour, when we come back in THE SITUATION ROOM. We're here weekday afternoons, 4:00 to 6:00 p.m. Eastern. We are back on the air, 7:00 p.m. Eastern, just an hour or so from now.
Until then, I'm Wolf Blitzer in THE SITUATION ROOM.
"LOU DOBBS TONIGHT" starts right now.
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