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CNN Saturday Morning News
Nine Found Murdered in Fresno House; Spanish Bombings Could Influence Upcoming Elections; Utah Mother Charged with Murder
Aired March 13, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, ANCHOR: Well, the next hour of CNN SATURDAY MORNING begins right now.
From the CNN center in Atlanta this is CNN SATURDAY MORNING. It's March 13. Good morning to you. I'm Heidi Collins.
Here's what's ahead for you this hour.
Gruesome killings shatter the calm of a California neighborhood. We go live to Fresno for the very latest on the investigation there.
A mother is in prison facing murder charges. Prosecutors say she refused a C-section that would have saved her baby's life.
And high tech efforts to help infertile couples have babies. We'll explore the options in our "WEEKEND HOUSE CALL."
Senseless slaughter in Fresno, California. A suspect is now in custody while police investigate the deaths of nine people. The bodies were found stacked on top of each other in a bedroom. Two victims are adults; the rest are children.
In Tennessee, an overnight standoff continues in the Lenore City. A heavily armed 16-year-old is holed up in a house. One hundred fifty police officers have the place surrounded now. The teenager is suspected of killing one officer and wounding four others.
In Iraq this morning, a roadside bomb hits a U.S. patrol in central Tikrit. Two U.S. soldiers are dead, five others wounded. The soldiers are with the 1st Infantry Division.
The U.S. military mounts a new operation in Afghanistan. It's going after al Qaeda and Taliban leaders, including Osama bin Laden, in Afghanistan's volatile eastern and southern regions. The offensive is being called Operation Mountain Storm.
Once again, to our top story now this hour, a horrific discovery in Fresno, California. Nine people are dead, seven of them children.
The police chief says it's something he hoped he'd never see.
(BEGIN VIDEO CLIP)
CHIEF JERRY DYER, FRESNO POLICE: I'm hoping that this is the last victim that we find, quite frankly. And we are going to have to sift through a lot of the evidence to find out what, in fact, actually took place, when the deaths occurred.
(END VIDEO CLIP)
COLLINS: Amy Allen of CNN affiliate KPGE joining us now live with the latest details. Amy, I talked with the chief and you could hear how distraught he was in his voice.
Give us a sense, if you will, of how everybody is doing out there.
AMY ALLEN, KPGE CORRESPONDENT: Well, not only the chief, but this entire town and the officers who came here to the scene. When they entered this home earlier today, some of the officers -- in fact yesterday some of the officers, what they saw was so horrifying, they had to be put on paid administrative leave and they're receiving counseling.
And we're talking about veteran officers who have seen many things in their careers. But we're told even the chief has never seen anything like this.
Now back out here, they tell us that within the next few minutes, they will wrap up this investigation. Right now the focus is shifting to the alleged suspect in this, Marcus Wesson, a 57-year-old man who we're told is the father of all these children.
Now Fresno mayor Alan Autry says it's a tragedy, and he hopes the city can move forward.
(BEGIN VIDEO CLIP)
ALAN AUTRY, FRESNO MAYOR: This is obviously a terrible, horrific tragedy. It appears that we have, certainly, the perpetrator in custody, so the only thing we can do now is mourn.
(END VIDEO CLIP)
ALLEN: Now, they are calling this the worst homicide in Fresno history. Nine people dead. They say the last they can remember was a shootout several years ago that only took seven people's lives.
In this instance, once again, they believe the suspect is the father of all the people who have died in this, most of them women. The police chef is expected to update us throughout the day.
We will continue to bring you those details.
Reporting in Fresno, California, for CNN, I'm Amy Allen. Heidi, back to you.
COLLINS: All right, Amy. Thanks so much.
Overseas now, the death toll rises in Spain as investigators search for clues about the terror blast that killed 200 people there.
Millions marched in a cold rain in Spain's main cities to protest the bombing.
As the nation mourns its dead, family members have begun burying their loved ones. Makeshift memorials to the victims are cropping up at train stations in Madrid and other cities.
The government has not determined who was behind the terror attack. That leaves grieving voters in Sunday's general elections wanting answers.
Brent Sadler is live now in Madrid with that part of the story.
Brent, hello.
BRENT SADLER, CNN CORRESPONDENT: Hello, Heidi, you join me outside Atocha railway station in the center of the Spanish capital.
And it's here, like in other locations, where the bombs exploded Thursday, that you can see small carpets of grief and anger being laid out in front of the entrances.
Outside mine here and others, I can see many candles now burning in a slight breeze. And also many people are putting personal tributes. Small floral arrangements are being laid in front of the railway stations, really expressing not only absolute sorrow and grief for the 200 people who lost their lives, but also unrestrained anger for those who committed these terrible crimes.
Now many, many Spaniards are asking the same question, who was responsible for this? Was it, indeed, ETA, the Basque separatist group, or was it some connection with Islamic extremists or possibly a combination of the two?
Whatever it is, it is enough to have brought as many as 12 million Spaniards on the streets of Spain throughout this country on Friday night. A massive outpouring of grief and again, outrage.
What you see in the city center: many, many Spanish flags, many of them covered or painted with a black ribbon, which is a mark now, one universally seen here as national distress.
Now all of this is taking place on a crucial time for the Spaniards, because it is the eve of the general election. And the important question is how much impact is it going to have on voters, the loss of 200 Spanish lives, and as many as 1,400 injured, on the electoral process.
Some commentators here say that if it was indeed ETA, that will help the ruling Conservative Party. If it's not ETA, if it's Islamic extremists, that could help the socialist opposition. We'll have to see how that pans out in the ballot box.
Back to you, Heidi.
COLLINS: Tough day to have an election. All right. Brent Sadler, thanks so much, live from Madrid this morning. And we would like to know your thoughts on the Madrid train bombing: could it happen here? We're taking your emails at wam@CNN.com.
Meanwhile, a mother sits in a Utah jail cell, charged with murder for refusing a cesarean section prosecutors say could have saved her unborn twin. Our legal experts weigh in on the story, straight ahead.
First, picture this, Chinese reporters get a little too close for comfort as a fireball of confiscated goods explodes. The 34 truckloads of pirated or sub-standard items valued at more than $700,000 were torched by local authorities in southwest China.
(COMMERCIAL BREAK)
COLLINS: For infertile couples who want a baby, it can be a struggle. Our "WEEKEND HOUSE CALL" has the details on high tech ways to make a baby.
And good morning, Atlanta. We'll have your complete weather forecast in just a moment. CNN SATURDAY MORNING continues.
(COMMERCIAL BREAK)
COLLINS: A Utah woman has been charged with murder because one of her twins was stillborn. If it goes to trial, a jury may have to decide if the death was just cruel fate or caused by depraved indifference.
CNN's Brian Todd has a report.
(BEGIN VIDEOTAPE)
BRIAN TODD, CNN CORRESPONDENT (voice-over): Melissa Ann Rowland made the rounds in Salt Lake City.
At four different hospitals, prosecutors say, the 28-year-old expectant mother got consistent advice: the twins she carried were in distress. She had to get a C-section or her babies might suffer brain damage or death.
KENT MORGAN, DISTRICT ATTORNEY: Doctor after doctor, hospital after hospital, nurse after nurse told her this is the only way you're going to save this child. This is what you have to do.
TODD: And time after time, prosecutors say, Rowland declined for only one reason: she didn't want scars.
January 13, one twin is born with complications; the other is stillborn. The medical examiner says the baby died two days before delivery but had no birth defects.
MELISSA ANN ROWLAND, CHARGED WITH MURDERING HER CHILD: I'm pretty scared. I don't feel that I did anything wrong.
TODD: That's Melissa Rowland from jail, charged with murder. In documents, prosecutors say Rowland told one doctor a C-section would ruin her life, that she'd rather lose one of the babies than be cut like that.
Rowland was asked about the charges.
ROWLAND: No, I never refused a C-section. I've already had two prior C-sections. Why would I say something like that? I already have a pretty nasty scar; it doesn't matter at all now.
TODD: We tried to reach Rowland's public defender. He didn't return our calls.
Medical ethicists seemed to speak on her behalf and for other mothers who decline recommended treatments.
ART CAPLAN, BIOETHICIST: She doesn't have an intent to kill the child. She just says, "I don't want this surgery done, for whatever reason, on me." So they're not going to be able to prove that she wanted her child dead.
DR. KIRTLY PARKER JONES, MEDICAL ETHICIST: But taking it to the courts and prosecuting the mother doesn't help future women and future physicians, and future babies.
TODD: Prosecutor Kent Morgan tells us this murder charge is based on Utah's statute against depraved indifference, knowingly neglecting one's duty when there's a high risk of death.
MORGAN: She omitted her duty to take care of the child and get affirmative treatment. That's what makes this case so egregious.
TODD: Misunderstood mother or murderer? A case sure to be closely watched by other prosecutors and those engaged in all debates over the rights and protection of unborn children.
Brian Todd, CNN, Washington.
(END VIDEOTAPE)
COLLINS: We want to take you back to our top story that we've been following all morning long.
Coming to us from Fresno, California, we've been speaking with Police Chief Jerry Dyre, who has some new information for us about potential suspects here.
Chief Dyre, are you there?
CALLER: Yes, I'm here.
COLLINS: Chief Dyre, can you hear me?
CALLER: Yes, I can hear you. Can you hear me?
COLLINS: I certainly can. Can you tell me what it is that you have learned now? CALLER: yes. We have taken into custody 57-year-old Jeffrey Humphrey. As to what involvement he has in this, we don't want to release that yet. But he is being questioned by Fresno police.
COLLINS: Can you tell us at least why you took him into custody? Was there some information that led you to believe there was, obviously more than one person involved? Because you already have Marcus Wesson in custody, as well.
CALLER: That's correct. Well, we saw Mr. Humphrey screaming (expletive deleted) the FCC.
COLLINS: OK. Well, we certainly didn't expect that, of course. Any indication whatsoever as to what that would have had to do with it?
CALLER: Howard Stern and our First Amendment...
COLLINS: Oh, it's a crank call. All right. I'm so sorry about that. I want to apologize to our viewers.
As you know with live coverage and breaking stories, we try to keep them up to date. And any time we get new information, we try to bring that to you. Of course, that was not a real call, and we're going to try to keep on top of this.
I want to reiterate that was not Chief Jerry Dyre, the situation in Fresno, California. Again, we do apologize for that.
We want to go ahead and go back to our legal issues this morning. Taking a closer look at the legal issues in Utah in particular.
Former Texas prosecutor Nelda Blair is joining us from Houston.
Nelda, good morning to you.
NELDA BLAIR, FORMER PROSECUTOR: Good morning.
COLLINS: And civil liberties attorney Lida Rodriguez-Taseff in Miami this morning. Thanks, ladies, to the both of you.
Let's talk, if we could, about this mother. And we told the story just a few moments ago.
She's been charged with murder, because apparently refused a C- section. She was to have twins, and according to prosecutors, doctors say that if she had had the C-section, both twins, both babies would have lived.
One of them, however, died.
Nelda, what happens here? Whose decision is it, whether or not you have a C-section, if you are in this situation?
BLAIR: Well, it goes beyond that, because it's this person's duty to make sure that these children are safeguarded. And she did not do that.
You know, this supreme court in Utah, what their statute says is that they can apply the criminal homicide statutes to unborn children at all stages of development. These babies were near the end of development.
She did an inaction, and it caused their murder, caused their death and that's why she's charged.
COLLINS: Lida, believe that? Agree with that, at least.
LIDA RODRIGUEZ-TASEFF, CIVIL LIBERTIES ATTORNEY: Absolutely not. What happened here is the prosecutor jumped the gun.
The prosecutor alleged initially that the only reason she refused this C-section was because of cosmetic reasons, never bothering to look into the history of this woman.
This woman has had mental problems all her life. She was hospitalized when she was 12. Therefore, there might have been another reason for her refusing to have this C-section. And it was never investigated because of an overzealous prosecutor.
The reality is, is that by saying you are going to prosecute a woman for refusing an elective medical procedure, you're essentially opening the door to prosecuting pregnant woman because they eat at McDonald's, and we all know fast food is bad for you.
That is a ridiculous prosecution and a very dangerous precedent.
BLAIR: Lida, that is ridiculous to state that you can prosecute women for eating at McDonald's.
This woman -- it was not an elective procedure. This woman had to have this procedure to save these children's lives. She refused to do it for whatever reason. It doesn't matter if she thought she was going to have a scar or not.
She had two previous C-sections. She knew what they involved. She had four doctors tell her, or health professionals tell her that she had to do it to save their lives. She refused.
RODRIGUEZ-TASEFF: You know very well that if she had a mental condition, if she was imbalanced at the time and not making logical decisions, and nobody looked into this, there may have very well been a reason...
COLLINS: Pardon me, if I may just interrupt. You're with the ACLU, and I know that that organization is obviously about people's rights. Do the babies at this time have rights?
RODRIGUEZ-TASEFF: They absolutely do. Certainly under Utah law, the Utah Supreme Court decided that they had rights at all stages of development.
BLAIR: That's right. RODRIGUEZ-TASEFF: But this is not a case where this woman has formed the mental intent to kill these children. Obviously, they can't prove that. And you've got to be very, very careful when you prosecute women for doing things that are perfectly legal, and you prosecute them for that.
This is not a case where, for example, this was a drug-addicted mother who decides to ingest illegal drugs through pregnancy. This is not such a case. This is a case that, if it had happened to a wealthy white woman rather than what looks like to be, like, a poor, mentally disturbed woman, there would have never been a prosecution.
BLAIR: Lida, she looks like a mentally disturbed woman to you? She looks like it? Give me a break.
This woman has not got a situation where she is in a mental institution or shown that she has been incapable of caring for herself or her other children, although she has refused to, in the past.
You're making that much larger than it actually is. She knew what she was doing, and she refused to safe that baby's life.
COLLINS: All right, ladies. We have to move on. We have one more issue to talk about here.
Everyone has seen the video many time of this hooky game between the Vancouver Canucks and the Colorado Avalanche. In particular, Todd Bertuzzi attacking Steve Moore.
Nelda, let me ask you, why wasn't he arrested right then and there?
BLAIR: Honestly, I don't know why. And I'll be very surprised if he is not charged with the assault on this other player. Because, if it had happened on a street corner in any state in the union, he would be in jail now.
COLLINS: And Lida, do you think that would be fair? Or is this part of the game.
RODRIGUEZ-TASEFF: No, no, no, not part of the game. I mean, I hate to agree with Nelda; she's absolutely right.
The issue here is premeditation. This is not part of the game. This wasn't in the heat of the moment of the game. This was obviously premeditated. There were two weeks' lead time, where these players were talking how they were going to get back at this player for another hit that occurred previously.
So premeditation plays a key role here. And I've got to agree with Nelda. If this had happened in a bar, he'd be carted off to jail immediately. This is the sports world gone awry.
COLLINS: All right. And he's only been suspended at this point for a year. So we'll have keep our eye on that story, as well.
Lida Rodriguez-Taseff and Nelda Blair. Thank you so much, ladies, once again for your time this morning.
BLAIR: Thank you.
COLLINS: Want to let you know, still ahead this hour, we will share what some of you have written regarding the possibility of a Madrid-like train bombing happening in the United States.
We're back in a moment.
(COMMERCIAL BREAK)
(WEATHER REPORT)
COLLINS: Want to look at our top stories that we have been following all morning. You see it here, a grisly discovery in Fresno, California.
Responding to a domestic disturbance, police find nine people dead. Two victims are adults, the others children. Police do have a suspect in custody.
Also in California, more than 2,700 gay couples are left at the altar when the state supreme court cancels their wedding march. The high court ordered officials to strop granting marriage licenses while legal wrangling over the issue is resolved.
And want to look back at our e-mail question that we've been asking you this morning: are you concerned a Madrid-style attack could happen in the U.S.? Of course, referring to the bombing on the train system there.
This one coming to us from Dale in North Carolina: "If we keep the terrorist organizations 'on the run' as we have since 9/11, we stand a better chance of not having any further attacks in America."
Thanks to you, Dale.
And "Yes, I am concerned that there will be a terror attack here in the states. Our borders are not protected well enough." From Barbara in Rochester, New York.
I want to let you know, there is much more ahead on CNN SATURDAY MORNING. At 8:30 a.m. Eastern, "WEEKEND HOUSE CALL" explores help for infertile couples. What new methods are out there, and what are the risks?
At 9:10 a.m., we'll talk to a hiker who's not letting the loss of his legs slow down his amazing journeys.
And at 9:45, second-hand shopping. We've got expert advice on what you should and shouldn't buy and how to do it.
Stick around everybody. We'll be back.
(COMMERCIAL BREAK)
COLLINS: "WEEKEND HOUSE CALL" is coming your way next, but first these headlines.
Senator John Kerry, the presumed Democratic presidential nominee, will return to Illinois today. Already, Kerry and President Bush are trading jabs and barbs in their campaign ads. President Bush's radio address this morning will defend his economic policies.
In Loudon County, Tennessee, a heavily armed teenager is inside a house that is now surrounded by a small army of police. They converged on the home after the 16-year-old boy allegedly shot and killed a deputy responding to a domestic disturbance early yesterday.
The sheriff says the suspect has been taking pot shots at the 150 officers now on the scene.
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Could Influence Upcoming Elections; Utah Mother Charged with Murder>
Aired March 13, 2004 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, ANCHOR: Well, the next hour of CNN SATURDAY MORNING begins right now.
From the CNN center in Atlanta this is CNN SATURDAY MORNING. It's March 13. Good morning to you. I'm Heidi Collins.
Here's what's ahead for you this hour.
Gruesome killings shatter the calm of a California neighborhood. We go live to Fresno for the very latest on the investigation there.
A mother is in prison facing murder charges. Prosecutors say she refused a C-section that would have saved her baby's life.
And high tech efforts to help infertile couples have babies. We'll explore the options in our "WEEKEND HOUSE CALL."
Senseless slaughter in Fresno, California. A suspect is now in custody while police investigate the deaths of nine people. The bodies were found stacked on top of each other in a bedroom. Two victims are adults; the rest are children.
In Tennessee, an overnight standoff continues in the Lenore City. A heavily armed 16-year-old is holed up in a house. One hundred fifty police officers have the place surrounded now. The teenager is suspected of killing one officer and wounding four others.
In Iraq this morning, a roadside bomb hits a U.S. patrol in central Tikrit. Two U.S. soldiers are dead, five others wounded. The soldiers are with the 1st Infantry Division.
The U.S. military mounts a new operation in Afghanistan. It's going after al Qaeda and Taliban leaders, including Osama bin Laden, in Afghanistan's volatile eastern and southern regions. The offensive is being called Operation Mountain Storm.
Once again, to our top story now this hour, a horrific discovery in Fresno, California. Nine people are dead, seven of them children.
The police chief says it's something he hoped he'd never see.
(BEGIN VIDEO CLIP)
CHIEF JERRY DYER, FRESNO POLICE: I'm hoping that this is the last victim that we find, quite frankly. And we are going to have to sift through a lot of the evidence to find out what, in fact, actually took place, when the deaths occurred.
(END VIDEO CLIP)
COLLINS: Amy Allen of CNN affiliate KPGE joining us now live with the latest details. Amy, I talked with the chief and you could hear how distraught he was in his voice.
Give us a sense, if you will, of how everybody is doing out there.
AMY ALLEN, KPGE CORRESPONDENT: Well, not only the chief, but this entire town and the officers who came here to the scene. When they entered this home earlier today, some of the officers -- in fact yesterday some of the officers, what they saw was so horrifying, they had to be put on paid administrative leave and they're receiving counseling.
And we're talking about veteran officers who have seen many things in their careers. But we're told even the chief has never seen anything like this.
Now back out here, they tell us that within the next few minutes, they will wrap up this investigation. Right now the focus is shifting to the alleged suspect in this, Marcus Wesson, a 57-year-old man who we're told is the father of all these children.
Now Fresno mayor Alan Autry says it's a tragedy, and he hopes the city can move forward.
(BEGIN VIDEO CLIP)
ALAN AUTRY, FRESNO MAYOR: This is obviously a terrible, horrific tragedy. It appears that we have, certainly, the perpetrator in custody, so the only thing we can do now is mourn.
(END VIDEO CLIP)
ALLEN: Now, they are calling this the worst homicide in Fresno history. Nine people dead. They say the last they can remember was a shootout several years ago that only took seven people's lives.
In this instance, once again, they believe the suspect is the father of all the people who have died in this, most of them women. The police chef is expected to update us throughout the day.
We will continue to bring you those details.
Reporting in Fresno, California, for CNN, I'm Amy Allen. Heidi, back to you.
COLLINS: All right, Amy. Thanks so much.
Overseas now, the death toll rises in Spain as investigators search for clues about the terror blast that killed 200 people there.
Millions marched in a cold rain in Spain's main cities to protest the bombing.
As the nation mourns its dead, family members have begun burying their loved ones. Makeshift memorials to the victims are cropping up at train stations in Madrid and other cities.
The government has not determined who was behind the terror attack. That leaves grieving voters in Sunday's general elections wanting answers.
Brent Sadler is live now in Madrid with that part of the story.
Brent, hello.
BRENT SADLER, CNN CORRESPONDENT: Hello, Heidi, you join me outside Atocha railway station in the center of the Spanish capital.
And it's here, like in other locations, where the bombs exploded Thursday, that you can see small carpets of grief and anger being laid out in front of the entrances.
Outside mine here and others, I can see many candles now burning in a slight breeze. And also many people are putting personal tributes. Small floral arrangements are being laid in front of the railway stations, really expressing not only absolute sorrow and grief for the 200 people who lost their lives, but also unrestrained anger for those who committed these terrible crimes.
Now many, many Spaniards are asking the same question, who was responsible for this? Was it, indeed, ETA, the Basque separatist group, or was it some connection with Islamic extremists or possibly a combination of the two?
Whatever it is, it is enough to have brought as many as 12 million Spaniards on the streets of Spain throughout this country on Friday night. A massive outpouring of grief and again, outrage.
What you see in the city center: many, many Spanish flags, many of them covered or painted with a black ribbon, which is a mark now, one universally seen here as national distress.
Now all of this is taking place on a crucial time for the Spaniards, because it is the eve of the general election. And the important question is how much impact is it going to have on voters, the loss of 200 Spanish lives, and as many as 1,400 injured, on the electoral process.
Some commentators here say that if it was indeed ETA, that will help the ruling Conservative Party. If it's not ETA, if it's Islamic extremists, that could help the socialist opposition. We'll have to see how that pans out in the ballot box.
Back to you, Heidi.
COLLINS: Tough day to have an election. All right. Brent Sadler, thanks so much, live from Madrid this morning. And we would like to know your thoughts on the Madrid train bombing: could it happen here? We're taking your emails at wam@CNN.com.
Meanwhile, a mother sits in a Utah jail cell, charged with murder for refusing a cesarean section prosecutors say could have saved her unborn twin. Our legal experts weigh in on the story, straight ahead.
First, picture this, Chinese reporters get a little too close for comfort as a fireball of confiscated goods explodes. The 34 truckloads of pirated or sub-standard items valued at more than $700,000 were torched by local authorities in southwest China.
(COMMERCIAL BREAK)
COLLINS: For infertile couples who want a baby, it can be a struggle. Our "WEEKEND HOUSE CALL" has the details on high tech ways to make a baby.
And good morning, Atlanta. We'll have your complete weather forecast in just a moment. CNN SATURDAY MORNING continues.
(COMMERCIAL BREAK)
COLLINS: A Utah woman has been charged with murder because one of her twins was stillborn. If it goes to trial, a jury may have to decide if the death was just cruel fate or caused by depraved indifference.
CNN's Brian Todd has a report.
(BEGIN VIDEOTAPE)
BRIAN TODD, CNN CORRESPONDENT (voice-over): Melissa Ann Rowland made the rounds in Salt Lake City.
At four different hospitals, prosecutors say, the 28-year-old expectant mother got consistent advice: the twins she carried were in distress. She had to get a C-section or her babies might suffer brain damage or death.
KENT MORGAN, DISTRICT ATTORNEY: Doctor after doctor, hospital after hospital, nurse after nurse told her this is the only way you're going to save this child. This is what you have to do.
TODD: And time after time, prosecutors say, Rowland declined for only one reason: she didn't want scars.
January 13, one twin is born with complications; the other is stillborn. The medical examiner says the baby died two days before delivery but had no birth defects.
MELISSA ANN ROWLAND, CHARGED WITH MURDERING HER CHILD: I'm pretty scared. I don't feel that I did anything wrong.
TODD: That's Melissa Rowland from jail, charged with murder. In documents, prosecutors say Rowland told one doctor a C-section would ruin her life, that she'd rather lose one of the babies than be cut like that.
Rowland was asked about the charges.
ROWLAND: No, I never refused a C-section. I've already had two prior C-sections. Why would I say something like that? I already have a pretty nasty scar; it doesn't matter at all now.
TODD: We tried to reach Rowland's public defender. He didn't return our calls.
Medical ethicists seemed to speak on her behalf and for other mothers who decline recommended treatments.
ART CAPLAN, BIOETHICIST: She doesn't have an intent to kill the child. She just says, "I don't want this surgery done, for whatever reason, on me." So they're not going to be able to prove that she wanted her child dead.
DR. KIRTLY PARKER JONES, MEDICAL ETHICIST: But taking it to the courts and prosecuting the mother doesn't help future women and future physicians, and future babies.
TODD: Prosecutor Kent Morgan tells us this murder charge is based on Utah's statute against depraved indifference, knowingly neglecting one's duty when there's a high risk of death.
MORGAN: She omitted her duty to take care of the child and get affirmative treatment. That's what makes this case so egregious.
TODD: Misunderstood mother or murderer? A case sure to be closely watched by other prosecutors and those engaged in all debates over the rights and protection of unborn children.
Brian Todd, CNN, Washington.
(END VIDEOTAPE)
COLLINS: We want to take you back to our top story that we've been following all morning long.
Coming to us from Fresno, California, we've been speaking with Police Chief Jerry Dyre, who has some new information for us about potential suspects here.
Chief Dyre, are you there?
CALLER: Yes, I'm here.
COLLINS: Chief Dyre, can you hear me?
CALLER: Yes, I can hear you. Can you hear me?
COLLINS: I certainly can. Can you tell me what it is that you have learned now? CALLER: yes. We have taken into custody 57-year-old Jeffrey Humphrey. As to what involvement he has in this, we don't want to release that yet. But he is being questioned by Fresno police.
COLLINS: Can you tell us at least why you took him into custody? Was there some information that led you to believe there was, obviously more than one person involved? Because you already have Marcus Wesson in custody, as well.
CALLER: That's correct. Well, we saw Mr. Humphrey screaming (expletive deleted) the FCC.
COLLINS: OK. Well, we certainly didn't expect that, of course. Any indication whatsoever as to what that would have had to do with it?
CALLER: Howard Stern and our First Amendment...
COLLINS: Oh, it's a crank call. All right. I'm so sorry about that. I want to apologize to our viewers.
As you know with live coverage and breaking stories, we try to keep them up to date. And any time we get new information, we try to bring that to you. Of course, that was not a real call, and we're going to try to keep on top of this.
I want to reiterate that was not Chief Jerry Dyre, the situation in Fresno, California. Again, we do apologize for that.
We want to go ahead and go back to our legal issues this morning. Taking a closer look at the legal issues in Utah in particular.
Former Texas prosecutor Nelda Blair is joining us from Houston.
Nelda, good morning to you.
NELDA BLAIR, FORMER PROSECUTOR: Good morning.
COLLINS: And civil liberties attorney Lida Rodriguez-Taseff in Miami this morning. Thanks, ladies, to the both of you.
Let's talk, if we could, about this mother. And we told the story just a few moments ago.
She's been charged with murder, because apparently refused a C- section. She was to have twins, and according to prosecutors, doctors say that if she had had the C-section, both twins, both babies would have lived.
One of them, however, died.
Nelda, what happens here? Whose decision is it, whether or not you have a C-section, if you are in this situation?
BLAIR: Well, it goes beyond that, because it's this person's duty to make sure that these children are safeguarded. And she did not do that.
You know, this supreme court in Utah, what their statute says is that they can apply the criminal homicide statutes to unborn children at all stages of development. These babies were near the end of development.
She did an inaction, and it caused their murder, caused their death and that's why she's charged.
COLLINS: Lida, believe that? Agree with that, at least.
LIDA RODRIGUEZ-TASEFF, CIVIL LIBERTIES ATTORNEY: Absolutely not. What happened here is the prosecutor jumped the gun.
The prosecutor alleged initially that the only reason she refused this C-section was because of cosmetic reasons, never bothering to look into the history of this woman.
This woman has had mental problems all her life. She was hospitalized when she was 12. Therefore, there might have been another reason for her refusing to have this C-section. And it was never investigated because of an overzealous prosecutor.
The reality is, is that by saying you are going to prosecute a woman for refusing an elective medical procedure, you're essentially opening the door to prosecuting pregnant woman because they eat at McDonald's, and we all know fast food is bad for you.
That is a ridiculous prosecution and a very dangerous precedent.
BLAIR: Lida, that is ridiculous to state that you can prosecute women for eating at McDonald's.
This woman -- it was not an elective procedure. This woman had to have this procedure to save these children's lives. She refused to do it for whatever reason. It doesn't matter if she thought she was going to have a scar or not.
She had two previous C-sections. She knew what they involved. She had four doctors tell her, or health professionals tell her that she had to do it to save their lives. She refused.
RODRIGUEZ-TASEFF: You know very well that if she had a mental condition, if she was imbalanced at the time and not making logical decisions, and nobody looked into this, there may have very well been a reason...
COLLINS: Pardon me, if I may just interrupt. You're with the ACLU, and I know that that organization is obviously about people's rights. Do the babies at this time have rights?
RODRIGUEZ-TASEFF: They absolutely do. Certainly under Utah law, the Utah Supreme Court decided that they had rights at all stages of development.
BLAIR: That's right. RODRIGUEZ-TASEFF: But this is not a case where this woman has formed the mental intent to kill these children. Obviously, they can't prove that. And you've got to be very, very careful when you prosecute women for doing things that are perfectly legal, and you prosecute them for that.
This is not a case where, for example, this was a drug-addicted mother who decides to ingest illegal drugs through pregnancy. This is not such a case. This is a case that, if it had happened to a wealthy white woman rather than what looks like to be, like, a poor, mentally disturbed woman, there would have never been a prosecution.
BLAIR: Lida, she looks like a mentally disturbed woman to you? She looks like it? Give me a break.
This woman has not got a situation where she is in a mental institution or shown that she has been incapable of caring for herself or her other children, although she has refused to, in the past.
You're making that much larger than it actually is. She knew what she was doing, and she refused to safe that baby's life.
COLLINS: All right, ladies. We have to move on. We have one more issue to talk about here.
Everyone has seen the video many time of this hooky game between the Vancouver Canucks and the Colorado Avalanche. In particular, Todd Bertuzzi attacking Steve Moore.
Nelda, let me ask you, why wasn't he arrested right then and there?
BLAIR: Honestly, I don't know why. And I'll be very surprised if he is not charged with the assault on this other player. Because, if it had happened on a street corner in any state in the union, he would be in jail now.
COLLINS: And Lida, do you think that would be fair? Or is this part of the game.
RODRIGUEZ-TASEFF: No, no, no, not part of the game. I mean, I hate to agree with Nelda; she's absolutely right.
The issue here is premeditation. This is not part of the game. This wasn't in the heat of the moment of the game. This was obviously premeditated. There were two weeks' lead time, where these players were talking how they were going to get back at this player for another hit that occurred previously.
So premeditation plays a key role here. And I've got to agree with Nelda. If this had happened in a bar, he'd be carted off to jail immediately. This is the sports world gone awry.
COLLINS: All right. And he's only been suspended at this point for a year. So we'll have keep our eye on that story, as well.
Lida Rodriguez-Taseff and Nelda Blair. Thank you so much, ladies, once again for your time this morning.
BLAIR: Thank you.
COLLINS: Want to let you know, still ahead this hour, we will share what some of you have written regarding the possibility of a Madrid-like train bombing happening in the United States.
We're back in a moment.
(COMMERCIAL BREAK)
(WEATHER REPORT)
COLLINS: Want to look at our top stories that we have been following all morning. You see it here, a grisly discovery in Fresno, California.
Responding to a domestic disturbance, police find nine people dead. Two victims are adults, the others children. Police do have a suspect in custody.
Also in California, more than 2,700 gay couples are left at the altar when the state supreme court cancels their wedding march. The high court ordered officials to strop granting marriage licenses while legal wrangling over the issue is resolved.
And want to look back at our e-mail question that we've been asking you this morning: are you concerned a Madrid-style attack could happen in the U.S.? Of course, referring to the bombing on the train system there.
This one coming to us from Dale in North Carolina: "If we keep the terrorist organizations 'on the run' as we have since 9/11, we stand a better chance of not having any further attacks in America."
Thanks to you, Dale.
And "Yes, I am concerned that there will be a terror attack here in the states. Our borders are not protected well enough." From Barbara in Rochester, New York.
I want to let you know, there is much more ahead on CNN SATURDAY MORNING. At 8:30 a.m. Eastern, "WEEKEND HOUSE CALL" explores help for infertile couples. What new methods are out there, and what are the risks?
At 9:10 a.m., we'll talk to a hiker who's not letting the loss of his legs slow down his amazing journeys.
And at 9:45, second-hand shopping. We've got expert advice on what you should and shouldn't buy and how to do it.
Stick around everybody. We'll be back.
(COMMERCIAL BREAK)
COLLINS: "WEEKEND HOUSE CALL" is coming your way next, but first these headlines.
Senator John Kerry, the presumed Democratic presidential nominee, will return to Illinois today. Already, Kerry and President Bush are trading jabs and barbs in their campaign ads. President Bush's radio address this morning will defend his economic policies.
In Loudon County, Tennessee, a heavily armed teenager is inside a house that is now surrounded by a small army of police. They converged on the home after the 16-year-old boy allegedly shot and killed a deputy responding to a domestic disturbance early yesterday.
The sheriff says the suspect has been taking pot shots at the 150 officers now on the scene.
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Could Influence Upcoming Elections; Utah Mother Charged with Murder>
