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CNN Saturday Morning News

Protesters Decry U.S. in 12 Nations; Two U.S. Marines Killed in Afghanistan; Anti-Muslim Moviemaker Questioned; U.S. Investigators Expected in Libya; Progress in Chicago Teachers' Strike; What Happened at the U.S. Consulate in Benghazi?; Understanding the Anti-U.S. Protests; New Book Challenges Old Murder Conviction; Students Upset Over Breastfeeding Professor; The Agenda of Michael Bloomberg

Aired September 15, 2012 - 11:00   ET

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

RANDI KAYE, CNN ANCHOR: From CNN Center, this is CNN SATURDAY MORNING. It is September 15th. Good morning everyone I'm Randi Kaye.

The man behind the mayhem hitting the Muslim world. The film maker who made the movie "Mocking Muhammad" voluntarily talks with authorities.

The Duchess of Cambridge topless. Another magazine promises to show more of Kate wearing less than the palace ever wanted you to see.

And the latest back and forth over breast-feeding, this professor nursed her child in front of her class. Was the teacher inappropriate or are her critics just insensitive?

First to the anti-American outrage overtaking pockets of the Muslim world is now linked to the deaths of Marines in Afghanistan. More on that in just a moment.

The anti-U.S. anger has reached as far as Australia. Protesters carried signs saying "Obama, Obama, we like Osama" as they rallied in front of the U.S. consulate in Sydney today. In at least a dozen nations in North Africa, the Mideast and Asia haters of America have defiled the stars and stripes, broken on to a diplomatic property and clashed with police.

In Tunisia, two protesters died Friday. The death toll is expected to climb. In Sudan, German and British embassies are tightening security after attacks there.

And in Afghanistan this is the second day protesters burned Obama in effigy. And two U.S. Marines are dead after insurgents attack a joint base in Helmand Province. Officials say 20 armed terrorists infiltrated the base perimeter of the U.S./British military complex last night.

Our Anna Coren is live in Kabul this morning. Anna, the Taliban have claimed responsibility for this attack. Tell us exactly what happened.

ANNA COREN, CNN INTERNATIONAL CORRESPONDENT: We are getting confirmation Randi that two Marines, as you mentioned in your introduction, have died. Several were wounded when 20 insurgents attacked the Camp Bastion which is in Helmand Province in the south of the country. This of course is Taliban heartland.

Now they used small weapons, rocket-propelled grenades, as well as suicide IED vests to infiltrate the premise. Now this is a heavily fortified base, some 20,000 NATO troops are stationed down there. Prince Harry is among them. This is a place that they shouldn't be able to penetrate, that being the insurgency.

However, it was seen that coalition troops were caught off-guard, this happened at 10:00 local time last night. And they managed to get through. They managed to attack aircraft. They managed to attack structures as well on the airfield. Apparently all the insurgents were killed bar one. And that's -- that Taliban member is now under the custody.

So that is the late that we're hearing from Camp Bastion -- Randi.

KAYE: And are officials connecting this attack to the film on Prophet Muhammad at all?

COREN: Well we spoke to a Taliban spokesman if you like and he said that it is in direct relation to this video, this insulting video to Muslims. However, there are other spokespeople of the Taliban that say that Prince Harry was the target. Of course, the Taliban have been talking about this all week that they will do everything in their power to kidnap or kill Prince Harry.

But you know Randi at the end of the day, this is a war zone and the Taliban will use any opportunity to wage war and wage attacks. Now it is worth mentioning Randi just before we go that there was another green and blue attack, this time two soldiers, two NATO soldiers were killed. That takes the death toll this year to 47. This is really quite frightening. This is Afghan troops turning on coalition soldiers who are training them, training them for the transition that will be taking place in 2014.

But Randi if we look at what happened at Camp Bastion overnight, you know if that is what the Taliban can do to a heavily fortified NATO base, what hope do Afghan forces have once foreign forces leave here in 2014?

KAYE: Yes, you have to wonder that -- what that picture is going to look like. Anna, thank you.

And the man behind the movie fermenting hatred of the U.S. has just been released this morning. Nakoula Basseley Nakoula is not under arrest here, but under escort after answering federal investigators questions. They say he made "Innocence of Muslim" a movie that depicts the Muslim prophet Muhammad as a womanizer, a child molester and an idiot.

Let's take you now to CNN's Miguel Marquez, he's in Los Angeles. Miguel so tell me what kind of legal trouble, if any, is Nakoula in?

MIGUEL MARQUEZ, CNN CORRESPONDENT: Well, it's not entirely clear. He was convicted in 2010 of fraud and identity theft. He was sentenced to a year in prison and five years probation, supervised probation. One of the things in that probation order is that he is not supposed to use any devices that could contact the Internet or get on -- get online.

Because of his activities in the last several days, U.S. courts have opened up an investigation into his case to review everything. They wanted to bring him in to talk to a probation officer last night. And that's what L.A. County sheriff's detectives did.

We have a bit more now on his probation -- the probation case against him.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Going on around the world.

MARQUEZ (voice-over): -- the filmmaker growing stronger. Federal officials say the court is reviewing Nakoula Basseley Nakoula's case to see if he broke terms of his probation. Nakoula faced 26 conditions for five years of supervised probation after his 2010 conviction for credit card fraud and identity theft.

Most glaring, the now infamous film maker was barred from using any devices that could access the Internet except those approved by his probation officer. He was also ordered to pay nearly $800,000.

(on camera): What kind of man do you think Nakoula is?

UNIDENTIFIED MALE: Nakoula is a very smart man and he will do anything for money or for fame.

MARQUEZ (voice-over): The man I'm speaking to says he was a victim of Nakoula's fraud. He would only talk to us on the phone. Like many Coptic Christians, he now lives in fear.

(on camera): How afraid is the Coptic community right now?

UNIDENTIFIED MALE: The Coptic community is very afraid because of what Muslims do when somebody tries to demean their Prophet."

MARQUEZ (voice-over): Nakoula made his film with well-known anti- Islamic individuals. Joseph Nasralla, the president of Media for Christ, who also runs a satellite TV station in L.A., obtained the permit for the film and allowed part of it to be shot in his studio.

JOSEPH NASRALLA, PRESIDENT MEDIA FOR CHRIST: Islam come with the sword and he killed my people.

MARQUEZ: Nasralla also has ties to Steve Klein, the anti-Islamic consultant of the film. He also speaks at events organized by anti- Islam activist Robert Spencer and Pamela Geller (ph).

NASRALLA: The Islam conquer our country, my country is conquered by Islam right now.

MARQUEZ: The irony now, a film targeting the prophet of one faith is endangering the people of another. (END VIDEO CLIP)

KAYE: And now back live with Miguel Marquez. Miguel, so how long will it take do you think for authorities to actually figure out if Nakoula has violated his probation?

MARQUEZ: Yes, there's no timeline on -- timeline on these things, but the next step would be a hearing, and those things do have to occur. If he is taken into custody, that would have to occur very quickly. He is not in custody at the moment as far as we know or confined to his house. Perhaps they put an ankle bracelet on him. We don't know any of those answers yet. We've certainly requested answers to some of those questions.

But it will have to wait and see. It's the weekend, obviously. The courts don't probably move that fast, but there may be a hearing in his -- a probation hearing in his near future to see if they'll revoke his probation altogether. He may have to go back to prison or if they would change the terms of his probation -- Randi.

KAYE: Miguel Marquez with the very latest for us from Los Angeles. Thank you.

FBI investigators are expected in Libya today to investigate the attacks on the U.S. Embassy. The U.S. Ambassador and three other Americans were killed.

CNN intelligence correspondent Suzanne Kelly is following the developments for us from Washington. Suzanne, so tell me what did the U.S. Intelligence agencies know and when did they know it?

SUZANNE KELLY, CNN INTELLIGENCE CORRESPONDENT: Well it's great to kind of look back now in retrospect and take a look at some of the clues that were there. One of the things they knew was that these groups were present in Benghazi, they were well-organized, they have an infrastructure to them.

They also knew of the presence of al Qaeda sympathizers in the area, pockets of sympathizers. They also knew -- and we found this out from an intelligence source just recently that there was an intelligence cable sent to the embassy in Cairo 48 hours before this attack took place that warned about the presence of this anti-Muslim film on the Internet. Not only that, but that they had seen an uptick in the traffic that had been visiting that site, which is obviously a sign that this is gaining more popularity.

CNN also found out this week that they had further indications that parts of this film were shown on Egyptian television. That was according to a Department of Homeland Security and FBI memo that CNN was able to get a hold of.

So all the clues were sort of there, now piecing them together was a different story. U.S. sources have told us, intelligence sources, that there was no actionable intelligence. As a matter of fact, the administration has been very open about coming out and saying that. So, you know, some clues were there, pulling them all together is a tough thing to do.

KAYE: And something else of course they're trying to figure out Suzanne is whether or not this attack was planned. Libyan officials have told us that they believe it was. Why the confusion now out of Washington?

KELLY: You know, I think really Randi this is one of those things that comes down to the details of the language and nuance. But you're right, I mean people were all over the place in Washington this week as to whether it was planned. It wasn't planned. Libyan officials weighed in. Take a look at just a small sample of what we heard.

(BEGIN VIDEO CLIP)

JAY CARNEY, WHITE HOUSE PRESS SECRETARY: You know we have no information to suggest that it was a pre-planned attack.

SEN. JOHN MCCAIN (R), ARIZONA: This was a calculated act of terror on the part of a small group of jihadists.

(END VIDEO CLIP)

KELLY: So I think Randi what happened here is it gets down to the language of -- of what was actionable intelligence, meaning what did the intelligence agencies actually know was going on? I mean they do have intelligence coming out of there. They've got human intelligence, they have signals intelligence, with the things like intercepting phone calls, things like that, communications. What did they know ahead of time?

Now, they're saying they didn't have any indication this was being planned. That's not the same thing as saying that this wasn't planned. It just means they probably didn't know about it. But whether or not some of these groups got together and talked about you know taking advantage of this is a different story. That's what FBI officials are trying to uncover.

KAYE: Yes still so many questions. Suzanne Kelly thank you for the update.

A solemn homecoming, the remains of four Americans killed this week in the attacks on the U.S. consulate in Libya were returned to U.S. soil. Teams of seven marines carried the caskets of Ambassador Chris Stevens, Tyrone Woods, Glen Dougherty and Sean Smith. The four were honored in a ceremony attended by President Barack Obama and Secretary of State Hillary Clinton.

We've learned much about U.S. Ambassador to Libya Chris Stevens. Now we're learning more about the three other Americans who died in the consulate attack there in Benghazi. Ambassador Stevens, Tyrone Woods, former Glen Dougherty and Sean Smith were all united in their affection for the Mideast and the people there.

Chris Stevens fell in love with the Mideast when he served as a volunteer in the Peace Corps. He's been praised as a great friend of Libya and served as a liaison to the rebels who overthrew dictator Moammar Gadhafi.

Tyrone Woods became a Navy Seal after his mom suggested he join the military. He was also a paramedic and a registered nurse. His third child Ty was born just a few months ago.

Glen Dougherty was a ski instructor and raft guide in Utah before becoming a Navy Seal. He planned to leave the military after knee surgery in 2001 but that changed with the 9/11 attacks. Dougherty also served on the advisory board of the Military Religious Freedom Foundation.

In his 10 year career in the foreign service Sean Smith was a computer expert but he also had an alter ego in the virtual universe of the computer Game Eve Online. Smith was online Tuesday night reporting gunfire. He disconnected and never returned.

A strong storm is taking aim at Japan. We're tracking tropical cyclone Sanba.

(COMMERCIAL BREAK)

KAYE: A fierce typhoon is barreling toward Japan today. Tropical cyclone Sanba (ph) has winds of 144 miles per hour. It is heading to the island of Okinawa where more than 25,000 U.S. troops are based. The storm is expected to then turn to South Korea and weaken as it moves further north. We'll be tracking it.

Now to Damascus, Syria where the new international envoy is meeting with Syrian President Bashar al Assad. According to state media President Bashar al Assad said he's committed to resolving the crisis. Lakhdar Brahimi also plans to meet opposition groups and rebel leaders during his visit.

A week of no school for hundreds of thousands of students in Chicago. Their teachers have been on strike over pay and teacher evaluations. Now, both sides are talking about some progress and a framework for a deal. CNN's Kyung Lah has the latest.

(BEGIN VIDEO CLIP)

KYUNG LAH, CNN CORRESPONDENT: Here in Chicago, a tentative deal that could end this week-long teachers strike and put students back in the classroom as soon as Monday. The Chicago teachers' union is saying "hey, not so fast, a strike is still in place, it is not over." They want to make sure they see the language of this deal.

But certainly it appears that we are a lot closer to the end than we were before and more optimism being expressed on all sides now that there is a frame work toward an agreement in place.

KAREN LEWIS, CHICAGO TEACHERS' UNION PRESIDENT: A framework is one thing. We think it's a framework that can get us to an agreement but we are not quite there.

DAVID VITALE, SCHOOL BOARD PRESIDENT: I am pleased to tell you that we have in place frameworks around all of the major issues that should allow us to complete this process and to conclude it in time for our kids to be back in school on Monday morning.

UNIDENTIFIED MALE: There's got to be compromise, regardless. If it's a compromise that we can live with, I want to go back to work on Monday.

LAH: A source with detailed knowledge of the negotiation does tell CNN that there are some details that they do want to share. What we do know is that the classroom time will remain the same. Principals will have a little more freedom as far as hiring teachers. And as far as the big sticking point, the teacher evaluations, well, here in Chicago they will change for the very first time in 40 years according to that source.

Now, this is not a done deal yet. A delegation of teachers still has to agree, has to vote on this. That vote could happen as soon as Sunday.

Kyung Lah, CNN, Chicago.

(END VIDEO CLIP)

KAYE: The bodies of four Americans killed at the U.S. consulate are now back on U.S. soil. We go inside the place where their lives were taken and reveal the latest details on how they died.

(COMMERCIAL BREAK)

KAYE: The bodies of four Americans killed in Libya have been sent to Dover Air Force Base. From there Ambassador Christopher Stevens, foreign service officer Sean Smith and security officers Ty Wood and Glen Doherty will be transferred to the final reunion with their families. It's been four days since the men lost their lives in the U.S. consulate in Benghazi.

Our Arwa Damon got inside the now burned-out building and has CNN's most complete picture yet of the violence that night and the warnings that came days before.

(BEGIN VIDEOTAPE)

ARWA DAMON, CNN INTERNATIONAL CORRESPONDENT (voice-over): Amid the ash, soot, and debris -- remnants of a life that was, and what it meant to those stationed here. Scrawled on this sheet, "Libya is so important". Traces of blood stained the walls. What is now a blackened ruin was a pleasant compound in an upscale Benghazi neighborhood.

Libyan officials say Tuesday night's attack was planned by Islamist militants and quickly overwhelmed the Libyan and American guards. The compound's first line of defense easily breached.

(on camera): According to one of the Libyan guards who was stationed at the gate armed with only a radio, the assault happened simultaneously from three different directions. He says that he initially heard chanting growing increasingly louder and then suddenly the gunfire, the rocket-propelled grenades and other heavy machine gunfire all began attacking the compound. He is so terrified of repercussions that he is refusing to appear on camera. He says at one point the masked men came over and threatened to kill him at gunpoint for protecting the infidels. He only survived because another individual within their ranks intervened and managed to lead him away.

(voice-over): A rocket propelled grenade took out the power and set the main residence on fire. Here, the bedroom where U.S. Ambassador Chris Stevens stayed, part of a small suite. We are told this is where the ambassador, after being separated from his guards in the chaos, smoke, and darkness, died of smoke inhalation.

(on camera): What we're being told is that the ambassador's security detail brought him into this location, shutting the door, trying to ensure his safety. And then we are being told that when the situation finally calmed down, the ambassador's body was then taken out through this window by a group of Libyans.

(voice-over): Other consulate staff were evacuated to what was supposed to be a safe house but then it too was targeted. That's where two more Americans died. Libya's government has vowed to bring the perpetrators to justice, but the country's president touring the site admitted that would be difficult.

MOHAMED MAGARIAF, PRESIDENT, LIBYA'S GENERAL NATIONAL CONGRESS: We'll do our utmost, whether we succeed or not, God help us, but we expect help from our friends.

DAMON: Currently, you're not capable. Currently, you cannot control these groups -- currently?

MAGARIAF: You are not far from the truth.

(voice-over): The question is whether the United States underestimated the threat from hostile groups here.

(voice-over): One Libyan security official told me that he met with American officials in Benghazi three days before the attack took place. He says he warned them, not for the first time, that security in Benghazi was deteriorating. He said quote, "We told the Americans the situation was frightening. It scares us."

The ambassador too, seems to have been aware of the general threat from Islamist militants but no one anticipated the terrible violence that would take his life and the life of three other Americans on Tuesday night.

Arwa Damon, CNN, Benghazi, Libya.

(END VIDEOTAPE)

KAYE: As protests sweep across the world, a former Marine says it's not just in retaliation for a movie mocking the Prophet Muhammad.

(COMMERCIAL BREAK) KAYE: We have seen protesters holding the signs angry at the amateur film that mocked Islam's Prophet Muhammad, saying things like "We condemn American animosity against our Prophet." Protests like this one in Pakistan were mostly peaceful but many more were not. People were seen throwing rocks and Molotov cocktails, scaling the walls of U.S. embassies and setting buildings on fire.

And as the protests continue into the fifth day, one can't help but wonder, is this really all about a little known movie that insults Islam. Or is it a broader anti-U.S. sentiment led by radical militants who are set on attacking the U.S. all while using the film protest as a cover-up.

On the phone with us now, Richard Brewer, from Falmouth, Maine. He's a retired U.S. embassy guard and U.S. Marine. He was disabled when a truck bomb exploded while he was protecting the U.S. embassy annex in Beirut, Lebanon in 1984. Good morning, Rich.

RICHARD BREWER, FORMER U.S. EMBASSY GUARD AND U.S. MARINE (via telephone): Good morning Randi. How are you.

KAYE: I'm well. Thank you.

So let me ask you about what's happening there. We've been seeing the pictures come in. The video, in some cases, is really remarkable. What do you think is really turning people to violence?

BREWER: Well, I think now it tends to be the hype of the video. I think initially when the attacks on the Cairo embassy and, of course, the coordinated attack on the consulate in Libya against our four personnel there, it was a coordinated attack, something that I will characterize as a terrorist attack.

But what we're seeing spread throughout the 20-some-odd different countries now and even into Southeast Asia I think is the hype that has become the video. But initially what sparked it, you know, we had the 9/11 anniversary. We've had increased drone attacks. And some sort of reprisal for 9/11 and the war that we've had on al Qaeda for the last 11 years.

KAYE: Right. There's a lot of talk in recent days about the level of security at the embassy. How can we better protect our embassies?

BREWER: Well, I think in the situation that we've had with the Arab spring, I think one of the things we should have done prior to this is deploy the fast teams.

They're designed just for these sort of situations where we look at the security on the ground and say the additional security is needed.

These troops can be deployed, obviously, as they have been here through the air quickly, helicoptered in if they need be or they can be done quietly through airports using regular civilian clothing, and that sort of thing.

So we could have done it very quietly, no media blitz or anything like that and could have had them in place to help prevent the breaches. The trick is that again, our main focus is the protection of U.S. personnel and classified documents.

So breaching the exterior walls, although very hard for an American to see the flag come down and be burned, that's not our immediate concern. Our immediate concerns are the personnel and the classified documents inside the embassy building itself. Not the courtyard.

KAYE: That was retired U.S. embassy guard and U.S. Marine Rich Brewer talking with us earlier this morning.

Top stories now. Federal authorities questioned the man they say made the movie sparking Muslim outrage across the world. Nakoula Basseley Nakoula was under officer escort in California after leaving the interview this morning. Investigators are trying to figure out if he violated his probation from a fraud conviction.

Unconstitutional, that's the ruling of a Wisconsin judge on key portions of the state's law restricting the collective bargaining rights of many public employees.

Protesters descended on the state house last year to try and stop the measure from passing. Yesterday, a court judge ruled the law violates employees' free speech and membership rights protected by the state of Wisconsin and the U.S. Constitution.

Today, Pope Benedict addressed Christians in Beirut. He told the crowd, quote, "I have come to Lebanon as a pilgrim of peace, as a friend of God and as a friend of men. And the pontiff held up Lebanon as a model for religious co-existence where Christians and Muslims have lived side by side for centuries."

Four are under arrest in Libya for the attack that killed the U.S. ambassador. We'll have the latest on the case from investigators in both Libya and the U.S.

(COMMERCIAL BREAK)

KAYE: Welcome back. It's 35 minutes past the hour. Four suspects are under arrest in Libya in the attack that killed the U.S. ambassador and three other Americans. But Libyan officials say the man in custody did not have a direct role in the deaths of the Americans.

Joining me now, CNN's Jomana Karadsheh who is in Tripoli this morning. Jomana, explain the part that the suspects may have played in the attack if not directly involved.

JOMANA KARADSHEH, CNN CORRESPONDENT: Well, Randi, we're hearing different things from Libyan officials. Initially, we heard from the Libyan prime minister speaking on CNN a couple of nights ago that these arrests were made based on photographic evidence, pictures that were taken around the scene of the attack.

And they had witnesses come forward with names and that is how the arrests were made. But yesterday we heard from another senior Libyan official saying that those men arrested had no direct involvement in the attack.

They believed they have ties to the suspected extremist organization that may have carried out this attack and they are in for interrogation and trying to get through to who may have been involved through these guys.

And what links they may have had to that group so really no direct links at this point. We are hearing that there might be more arrests that have taken place already today.

KAYE: And where does the investigation stand? What are U.S. officials saying? I understand the FBI was in Libya.

KARADSHEH: Well, the Libyan officials here are not confirming that the FBI is on the grounds in Benghazi, but one thing is clear, Randi, the Libyan government is insisting saying that they want the lead on this investigation.

Any arrests that take place, the Libyans want to do it. This is also an issue of sovereignty here for a government that is trying not only to prove to the United States and the world that it is capable and struggling really to exert its influence, its authority over Libya, but also for their own people.

There has been a lot of criticism of authorities here, their inability to control the security situation. They said they will definitely cooperate with the United States, with the FBI team, if it is already on the ground, something we have not confirmed yet.

KAYE: Yes, this is a real test for the new government in Libya and for those governments around that whole region.

KARADSHEH: Absolutely. This is a big thing. Well, Randi, you need to look at it -- this is not an isolated incident. This is the latest in a series of attacks that we have seen take place in the eastern part of the country, specifically in the city of Benghazi.

There have been attacks on western targets there over recent months, and of course, the security situation here does remain a real serious challenge for the government and newly elected government now needs to prove that it is able to control the situation.

You know, this has had a real impact. The attack was a real severe blow to this government that is really trying to bring in foreign investment into this country, foreign companies into this country.

Yet it is unable from what we saw to prove to the world that it can protect its foreign guests here.

KAYE: Jomana Karadsheh, thank you so much. Appreciate the update from there.

An old murder case suddenly in the spotlight again. We'll tell you about some new clues.

(COMMERCIAL BREAK) KAYE: An Army doctor named Jeffrey Macdonald was convicted of murdering his pregnant wife and two daughters back in 1979. He is currently serving three consecutive life sentences although he still claims that he is innocent.

Now a new book raises doubts about whether Macdonald got a fair trial. Earlier I asked CNN legal contributor, Paul Callan, about the case.

(BEGIN VIDEOTAPE)

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: It was a very, very complicated case going back over 30 years and of course, in the early years, it was thought very clear cut case of guilt, and particularly after Joe McGinnis wrote a very famous book about the case in which he concluded that Macdonald was guilty beyond all doubt.

But, you know, a lot of people think Macdonald is innocent. I mean, he was a Princeton educated doctor who was a captain in the military and very highly regarded at the time and it seemed bizarre that he would kill his wife and children without really a clear motive.

So it's very, very controversial, but the federal court is looking at it. There's some new evidence that he has presented saying prosecutors were aware that there was this witness that would be helpful to him, a woman in a floppy hat.

Supposedly was one of murderers. And he wasn't told about this and there's a decision called the Brady decision that requires prosecutors to reveal this kind of information. So there's a handle here that the court could look at to give him a new trial.

But it's hard to decide whether they will or not. It's a very old case. And it's been looked at, by the way, by a lot of courts. Four appeals at least. It's already gone to the Supreme Court once and been upheld.

KAYE: What about Errol Morris though? I mean, he's a very well- respected guy. He's known for being a really good digger. How much weight do you think he brings to the case?

CALLAN: Well, I think in terms of the court evaluating the evidence in the case, he doesn't bring any weight at all. Because the only thing the court is going to look at is what was admitted in court and what prosecutors should have revealed to the defense.

But in a bigger sense, I mean, the reason we're talking about it and the reason a lot of people have been saying, I remember that Macdonald case, let me take a second look at that. As a matter of fact, I was digging through the evidence last night because this was a fascinating case.

You know, as the public looks at it, if there's sort of public sentiment that he was treated unfairly, and that kind of has an impact on the court in an indirect way.

And, you know, he was convicted on the basis of blood analysis and fiber analysis and a lot of things. Now, this is back in the '70s and the '80s. Technology has radically changed since then.

KAYE: Yes, definitely.

CALLAN: So what was thought to be a clear cut case based on that evidence back then, when you look at it now, it might not be so clear.

KAYE: Right. We've seen that happen already in cases with this improved DNA. But Morris has blamed the media coverage of the case. I mean, have you seen that before? I mean, could that have actually played a role in Macdonald's conviction?

CALLAN: Yes. And I do think that it played an enormous role, not so much in his actual conviction before the jury. I think the press coverage -- there was a lot of press coverage at the time of the trial.

McGinnis goes out and writes these books about crimes, infamous crimes. And he befriends himself with the accused and basically Macdonald I think thought McGinnis was going to help him when he wrote the book.

When McGinnis wrote the book, he said are you kidding me? This guy is so guilty it's not beyond reasonable doubt, it's beyond all doubt. Kind of after that book was written, that was the end for Macdonald.

Nobody took him seriously anymore. He lost a lot of supporters. And had the book gone the other way and said this is a very doubtful case, maybe people would have taken a second look at the case.

So I think the press can influence these cases and I think the Macdonald case is an example.

(END VIDEOTAPE)

KAYE: That was CNN legal contributor, Paul Callan. Fredricka Whitfield's legal guys, Avery Friedman and Richard Herman will weigh in on the same case next hour.

An Italian magazine says it plans in a 26-page spread to publish more topless photos of the Duchess of Cambridge. In the meantime, its sister publication in France is now in legal hot water for its photos of Katherine.

Palace officials say they have launched proceedings citing invasion of privacy. They published grainy photos of the duchess half naked while vacationing in the south of France. The editor defended its actions.

(BEGIN VIDEO CLIP)

MAX FOSTER, CNN ROYAL CORRESPONDENT: What they're arguing is they are just doing their job and this is just a young romantic couple and the images -- they don't really understand all the fuss. That's what the editor said. They also said they took the picture from a road, which is a public place and you can do that.

(END VIDEO CLIP) KAYE: The royal couple is in Southeast Asia this weekend on an official tour.

A university professor breastfeeds her child in class and the move is stirring a whole lot of controversy. We'll tell you why.

(COMMERCIAL BREAK)

KAYE: An American university professor is facing serious backlash for breastfeeding her baby in class. But the professor says she doesn't see it as inappropriate. Here's Lisa Sylvester.

(BEGIN VIDEOTAPE)

LISA SYLVESTER, CNN CORRESPONDENT (voice-over): Assistant Professor Adrienne Pine is starting her fourth year at American University. The single mom normally leaves her daughter, Lee, at a Washington daycare while at work, but on the first day of classes, her daughter woke up with a slight fever.

ADRIENNE PINE, PROFESSOR, AMERICAN UNIVERSITY: I didn't have any emergency daycare and couldn't bring her to the regular daycare, and so I was faced with this really difficult choice of being there for my students.

Which to me as a professional is the most important thing for me to do, or taking care of my daughter, and the only way that I could do both of those things was to bring my daughter to class.

SYLVESTER: During her class of 40 students, her daughter began getting fussy. She was hungry. So Pine, who says she has nursed her daughter at other public places, including parks and airplanes, even several locations on campus, breastfed her daughter during class.

PINE: Well, I very discreetly fed her. You know, I don't believe that any part of my breast really was showing. I don't think my nipple was showing. And in any case, the most important for me was feeding her, and you know, within a couple of minutes, she fell asleep.

SYLVESTER: One student, Jake Carias, was shocked. Later tweeting, quote, "sex, gender, and culture professor total feminist walks in with her baby, midway through the class, breastfeeding time, WTF. Carias spoke exclusively to CNN.

JAKE CARIAS, STUDENT IN CLASS: She could have taken the sick day, left and stayed with the child. The TA would have came into the class, read the syllabus, gave us an explanation as to why she wasn't there.

And our class would have left early and nobody would have complained. There would have been no problems at all. A professor missing a class on occasion is perfectly normal. There's nothing wrong with that. So I just kind of -- she kind of blew it up, in the wrong way.

SYLVESTER: Pine lashed out at a university student reporter in a scathing blog. She was writing an article about what happened. But Pine insists her intention was never to be what she calls a breastfeeding activist.

Recently groups have staged nursing sit-ins like this one, where 600 women gathered at the nation's capital to demystify breast-feeding. Student reaction on American University's campus was mixed.

JANE MORICE, STUDENT: I didn't think she was trying to be like, look what I can do. I thought she was just feeding her child.

JAMES ADAMS, AMERICAN UNIVERSITY STUDENT: For the first day of class, I think it was probably a little inappropriate.

JULIA RICCH, AMERICAN UNIVERSITY STUDENT: I understand it's a natural thing and a part of human nature, but we're not used to that, and especially as college students, who have probably never had a child.

SYLVESTER: Pine says there's a much larger issue here, that there are tough choices, particularly for working mothers. Many who grapple with how to balance work demands with a sick child.

PINE: If I would have bottle fed my daughter, I would not have been attacked for that. And, you know -- and I think, also, what that shows us is that despite the fact that women are encouraged to work in the outside workplace.

And not in the home workplace, which is also a workplace, it's still considered a masculine atmosphere. If a male professor brought his child to class, the response would be, how sweet! How cute! How fatherly of him. Whereas, as a woman, when I do that, you know, I get attacked.

SYLVESTER: I asked Adrienne Pine if the situation were the same, would she do it again? She says, probably not, that she just didn't expect this kind of backlash.

She says, though, she has learned that people are still squeamish about public breastfeeding and she hopes this begins a new conversation about the need for adequate child care options for working parents. Lisa Sylvester, CNN, Washington.

(END VIDEOTAPE)

KAYE: I'll tell you, that story is certainly creating a bit of a firestorm on Twitter. A lot of folks are --

FREDRICKA WHITFIELD, ANCHOR, CNN'S "NEWSROOM": A lot of discussion in so many different formats, fascinating.

KAYE: So Fredricka is here and she'll take over at the top of the hour. What do you have coming up?

WHITFIELD: OK, coming up, beginning with our legal guys, we always love to see them and hear from them. In our noon eastern hour, we'll talk about a case involving hooters restaurant.

In this case, a couple of customers received their repeat and scrawled on it is an ethnic slur. And so at least one of the customers is suing Hooters, so the question is, should a restaurant be held accountable for the actions of its employees?

That employee, who allegedly wrote that slur, is no longer working there, but Hooters has a comment or two about how it should be able to proceed. And that it doesn't reflect, in large part, what they are tolerating within the confines of their businesses.

KAYE: That's an interesting one.

WHITFIELD: It really is. And then, there's new confusion over cancer screenings for women. Whether it be in the form of pap smears or mammograms.

Our Dr. Sujatha Ready is going to be along to hopefully dispel or clarify some of the confusion that's erupted from new studies and new information on that.

And you know while Prince Harry has been in Afghanistan with his brush with danger, the royals are also dealing with another issue of privacy.

KAYE: Yes.

WHITFIELD: This being those photographs involving Princess Kate Middleton and she along with her husband there, the pictures are from Malaysia, while they continue to be if the far east.

However, the issue is about those photographs involving, you know, her being topless while in France and the lawsuit and the dialogue that is now also growing about, you know, the issues of privacy. When do you ever have a private moment, even if you are high-profile like the royals?

KAYE: If you're a duchess, it's tough.

WHITFIELD: Even in the confines of your home that you're renting, which is their case there in the south of France so all of that straight ahead beginning at noon. You just stick with us throughout the day.

KAYE: All day, keep it right here.

WHITFIELD: I will do that, after my nap. Squeeze in a 15-minute nap.

KAYE: Exactly. Forget super sizing your drink in New York City, another bold health initiative from Michael Bloomberg has just passed, prompting the question, will the nation follow?

(COMMERCIAL BREAK)

KAYE: The anti-sugar rush is on in New York City. The city just approved a ban on sugary drinks larger than 16 ounces. And the move is putting more focus than ever on Mayor Michael Bloomberg and what many critics have dubbed his nanny state. Here's CNN's David Ariosto.

(BEGIN VIDEOTAPE)

MAYOR MICHAEL BLOOMBERG, NEW YORK: I, Michael R. Bloomberg, do solemnly swear.

DAVID ARIOSTO, CNN CORRESPONDENT (voice-over): Gotham's three-term mayor has pushed bold health initiatives before. New York was one of the first big cities to ban smoking in bars and restaurants.

Later, city parks and beaches became smoke free. In the years since, many states have adopted some form of a smoking ban, and Mayor Michael Bloomberg is also credited with helping start the trend.

PROFESSOR JULIAN ZELIZER, PRINCETON UNIVERSITY: In general, his early initiatives were quite successful. Now he's entered into an area that's much more controversial in terms of the regulation of food and what people eat in this campaign against obesity.

ARIOSTO: Among those controversial regulations, a ban on trans fats in restaurants. And a requirement by some restaurants to post calorie counts. Controversial at the time, McDonald's now says next week it plans to put calorie info on its menus nationwide. The ban on sugary drinks, the first of its kind, restricts beverages to 16 ounces in restaurants and other venues.

BLOOMBER: This is the single biggest step any city, I think, has ever taken to curb obesity, but certainly not the last step that lots of cities are going to take, and we believe that it will help save lives.

ARIOSTO: It is yet another policy win for the New York City mayor. But for some, including comedian, Jon Stewart, the idea may be hard to swallow.

JON STEWART, COMEDIAN: I'm sorry. I'm still adjusting to life under Mayor Bloomberg's new soda restrictions.

ARIOSTO: If like the smoking ban, the new soda regular is copied elsewhere, it would likely bolster Bloomberg's credentials as a trendsetter on the natural stage. But is a country battling the bulge really ready for new restrictions?

ZELIZER: In many parts of the country, that won't sit well with people and they'll see that as too much interference and too much of a say by government in terms of what you can do.

ARIOSTO (on camera): The mayor says 58 percent of his city is overweight or obese, which wreaks havoc on New York health care cost. But others say Bloomberg has overreached, placing personal decisions in the hands of government. The ban takes effect in six months at restaurants, movie theatres, and other venues.

David Ariosto, CNN, New York.

(END VIDEOTAPTE)

KAYE: Fredricka and I were just discussing this, and you and I, we can live in New York with that because we can't even finish a 16-ounce here.

WHITFIELD: I can barely sometimes finish my little mug of water here. KAYE: I don't know where they all put it.

WHITFIELD: I can't imagine being that thirsty at one time, but it's nice to have options and that's the beauty of America. You can have it just any way you want it, I guess.

KAYE: You have a great day.

WHITFIELD: Thanks so much. You have a great one today. Get in a quick little nap and hang with us all day long.

KAYE: I will.

WHITFIELD: OK, thanks so much.