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CNN Wolf Blitzer Reports

Verdict Reached in van Dam Case; Al Qaeda Trained for Urban Warfare; Israelis Announce Victory in War with Militants

Aired August 21, 2002 - 17:00   ET

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

WOLF BLITZER, CNN ANCHOR: Now on WOLF BLITZER REPORTS, the jury finally decides, a verdict in the kidnap murder of little Danielle van Dam.
(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We the jury in the above-entitled cause find the defendant, David Alan Westerfield, guilty of the crime of Murder.

(END VIDEO CLIP)

BLITZER: "Terror on Tape," al Qaeda's elite in training, urban warfare and assassinations. Even the experts are shocked at the level of sophistication. What's the next threat? Exclusive images from the al Qaeda archives.

Considered armed and dangerous, a worldwide alert for a Saudi man who may be linked to the September 11 hijackers. Why some bad cases of sunburn have landed an Ohio woman in legal hot water.

And the Bill Clinton show. He has the gift of gab. Should he take his talent to TV? Former aide James Carville did just that. I'll ask him.

It's Wednesday, August 21, 2001. I'm Wolf Blitzer in Washington. There's been a verdict in the Danielle van Dam kidnap and murder trial. David Westerfield has been found guilty on all counts. Let's go right to CNN's James Hattori. He's joining us now live from the scene outside the courthouse in San Diego. James, a very dramatic day. Give our viewers the background. What exactly happened?

JAMES HATTORI, CNN CORRESPONDENT: Well as you know, Wolf, this is a story that has absolutely captivated San Diego and much of the nation. Here's the headline, the banner headline in the local paper today, guilty on all three counts.

The jury announcing today on the tenth day of deliberations that they had found Mr. David Westerfield, 50 years old, guilty of kidnapping, also of murder, also of possessing pornography, and these are all in connection with the kidnapping in early February of 7-year- old Danielle van Dam, who was kidnapped from her house, whose body was found a month later on a rural road in eastern San Diego County.

Now from the first day of deliberations even, the passions here were so strong that people were saying, "Well, what's taking this jury so long?" Well, when the verdict finally was announced, we saw some bystanders here in the street watching the feed of the jury and the courtroom proceedings going on, listening in with the judge and the jury had to say, and they made their sentiments and they showed exactly how they felt about the verdict when it was announced.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I am very relieved, very relieved. I've been watching the trial every day, listening to it at work, and I was scared. You know, it was touch and go for a little while with the bug evidence but I'm very relieved.

UNIDENTIFIED FEMALE: I can't imagine any other verdict except guilty. It doesn't make any sense, any other verdict, but maybe my husband has something to say to that.

UNIDENTIFIED MALE: Well, I look at it this way, no matter what the outcome is, it's a sad occasion and doesn't speak highly of the human species. You know, we have a real problem.

UNIDENTIFIED MALE: I believe it was a fair trial. I believe it was fair. I believe it took forever.

UNIDENTIFIED MALE: I'm actually kind of surprised because you know you can't really justify with listening to the news but the way the news was saying that the jurors were requesting information from the defense's side and, you know, I was like well, maybe he's going to get off.

(END VIDEO CLIP)

HATTORI: Well, he perhaps is one of the few people surprised by the verdict. Most people did expect that it would come back guilty, although as he mentioned as it dragged out there were some doubts as to what exactly was going on in the jury box.

We won't know what the jury had to say about it because they're still being kept under wraps as the penalty phase gets underway a week from today, and at that point they'll be deciding whether Westerfield should be put to death by lethal injection or perhaps serve the rest of his life in prison without possibility of parole.

Wolf, that proceeding won't be as long as the trial. The trial went on, as you know, for about eight weeks. This penalty phase hopefully and should be much shorter than that unless there is some material that we don't expect or that would come as a surprise is introduced during that proceeding -- Wolf.

BLITZER: James, as you know, normally after a verdict in a high- profile case like this occurs, we hear from the lawyers on both sides, the prosecutors as well as the defense attorneys, and we almost always begin hearing from some of those jurors as well. Explain to our viewers why we're not hearing from any of them right now.

HATTORI: Well, for one thing there is a gag order still in place. The judge has been very strict about and very sensitive to information that shouldn't get out in his mind, out in the public, and he has imposed a gag order, so they are barred from saying anything publicly.

Also because, as I mentioned, the second part of the trial, this penalty phase gets underway a week from today, and so he's made it very clear to the jurors especially not to listen to anything that's said right now, not to discuss the case as he's admonished them throughout this trial phase because the penalty phase is going to be equally critical and they can not be tainted by any kind of public comment or discussion and must make their decision on Mr. Westerfield's fate independently -- Wolf.

BLITZER: James Hattori reporting from the scene, thanks very much. And the jury that convicted David Westerfield will, as we all know by now, return to the courtroom a week from today to begin what's called the sentencing phase of the trial.

Our legal analyst Jeffrey Toobin is joining us now as well. He's been following this. He joins us from New York. Explain to our viewers, Jeffrey, what that sentencing phase is all about and how long that process should take before we know whether he will get the death sentence or life in prison without the possibility of parole.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, it's really a continuation of the trial, same jury, same defense lawyers, same prosecutors, and they will be deciding whether there are aggravating factors, that is factors that make the crime even worse, or mitigating factors in the defendant's favor.

And they will sort that all out and then they have to decide unanimously to impose the death penalty. If even one juror does not want to impose the death penalty, the sentence automatically will be life without possibility of parole.

BLITZER: We obviously can assume that the defense attorneys will eventually seek some sort of appeal. Was there any basis that you saw in covering this trial for an appeal, a serious basis for an appeal?

TOOBIN: I don't think so, Wolf. I think this was a pretty fair trial. The defense really did get a lot of ruling in its favor. I suppose one issue that will certainly be raised, if not successfully, was the failure of the judge to sequester the jury.

Remember, this trial took place all during the period when the tragic Samantha Runnion case was unfolding just north of San Diego, huge story there; her abduction, her murder, the arrest of Avila, all that took place while this jury was out. Now the judge instructed the jury over and over again not to pay attention to the news coverage of that case or of any of the abductions, but certainly the defense will raise that point and say it was impossible to avoid, therefore the jury was tainted.

BLITZER: Is there a legal precedent, significant legal precedent, where a jury that was no sequestered that that act in and of itself formed the basis for a mistrial, a brand new trial if you will?

TOOBIN: Well, the most famous case is the Sam Shepherd case that came out of Ohio in the early '60s. That was the case F. Lee Bailey won in the United States Supreme Court where the justices said that the publicity was so pervasive and so dominated that the jury couldn't make a fair decision.

Since then -- that's a long time ago obviously -- there really haven't been many cases overturned, but that's why you often see changes of venue in these high-profile cases. There was no change of venue here. But that's certainly the most famous case where a conviction was overturned because of publicity.

BLITZER: If he does get the death sentence and subject to capital punishment in California, there are some 600 people on death row right now, prisoners in California, what are the prospects that he's actually going to be executed, given the history of the reluctance, at least in part of California, to go forward with the actual death sentence?

TOOBIN: Well, you know, that's a good question, Wolf. The backlog in California is bigger than in any other state. Interestingly, it's not so much because of trials. In California, the appeals process is completely, almost completely stalled on death penalty cases. People being on death row for a decade is not at all unusual there and it's now getting longer.

Even if he is sentenced to death and it could be as soon as, you know, two weeks from now, he certainly won't be executed for 10 years, and given the fact that unlike a lot of people on death row, he's at the upper end of middle age, it is quite possible that he could die of natural causes in prison, even if he is sentenced to death. But it is worth mentioning, if this conviction is upheld on appeal, he's never getting out. He will either die in prison of natural causes or he will be executed.

BLITZER: Jeffrey Toobin giving us some good analysis. Thanks as usual for joining us. And here's your chance to weigh in on this story. Our Web question of the day is this: "Do you think David Westerfield should receive the death penalty?"

We'll have the results later in this program. Go to my Web page, cnn.com/WOLF. That's where you can vote. While you're there, send me your comments. I'll try to read some of them on the air each day at the end of this program. That's also, of course, where you can read my daily online column, cnn.com/WOLF.

There's outrage in England as that country grapples with its own shocking child murder case. The bodies of 10-year-old best friends Holly Wells and Jessica Chapman were positively identified today, two weeks after the girls disappeared from their hometown in eastern England.

A 28-year-old janitor from their school is charged with murdering them and his 25-year-old girlfriend, a former teaching assistant at the school, is accused of helping him cover up the crime. She was in court today with a very angry crowd outside. Our Diana Muriel was there as well.

(BEGIN VIDEOTAPE)

DIANA MURIEL, CNN CORRESPONDENT (voice-over): They came to see for themselves, after days spent following media reports of every development in the hunt for the two missing ten-year-olds Holly Wells and Jessica Chapman.

A crowd of around 200 onlookers jeered and shouted abuse outside Pekabra (ph) magistrate's court in eastern England as 25-year-old Maxine Carr left the courtroom. She has been charged with one count of attempting to pervert the cause of justice in the police investigation into the murder of the two girls and has been remanded in custody until trial. The crowd's palpable fury at her alleged part in this terrible crime was obvious.

UNIDENTIFIED FEMALE: Just pure anger, well, hatred for the woman, and I don't use that word lightly. No, she deserves everything she gets and more.

MURIEL: Their anger further aroused by the news that 28-year-old Ian Huntley who has been charged with the murder of the two girls, will not appear in court. Instead, he's being held at Ramptom (ph) High Security Hospital on the recommendation of psychiatrists. The former school caretaker will undergo further tests there over the next 28 days to determine whether he is mentally fit to stand trial.

MURIEL (on camera): The anger and hatred displayed outside this court, a chilling reminder of the powerful emotions this case has provoked. Although the judicial process is now underway, it may be some time before tempers are calm. Diana Muriel, CNN, Pekabra, England.

(END VIDEOTAPE)

BLITZER: And arraignment is underway right now for another accused child kidnapper. Sixty-eight-year-old Glen Park is appearing in a court in Hawthorne, Nevada, about 100 miles south of Reno. He was arrested nearby yesterday when authorities found him with 10-year- old Nichole Timmons of Riverside, California, who was reported missing yesterday morning.

That prompted California officials to issue a statewide Amber Alert. The girl was found unharmed with Park about five hours later. Park is described as a friend of the girl's family and a former babysitter.

Coming up, a CNN exclusive, never-before-seen video of al Qaeda's urban warfare training, Nic Robertson joins us live with his exclusive investigation. Plus a presidential talk show? CBS apparently has its eye on one. We'll hear the pros and cons of Clinton TV. Also, kids severely sunburned at a fair, a legal warning for parents still to come. Stay with us.

(COMMERCIAL BREAK) BLITZER: Welcome back. We've seen the grim impact of terrorist attacks on targets overseas and on U.S. soil. Today we get a chilling firsthand look at how al Qaeda trains for attacks, attacks that have already taken place and attacks that could be coming in the future. We continue our weeklong series "Terror on Tape," with an exclusive look at some surprisingly sophisticated al Qaeda exercises.

Once again, our reporter is CNN Senior International Correspondent Nic Robertson.

(BEGIN VIDEOTAPE)

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice- over): Explosions resonate around a remote Afghan hillside as al Qaeda fighters burst into what appears to be a stone hut, but all is not as it seems on this al Qaeda training video, one of several tapes CNN obtained, that record al Qaeda's never-before-seen battle plans.

ROHAN GUNARATNA, AUTHOR "INSIDE AL QAEDA": Al Qaeda has created a series of exercises to train the recruits who came to Afghanistan to come to the West and to conduct terrorist operations.

ROBERTSON: In the urban environment?

GUNARATNA: In the urban environment. At least they're able to operate in cities.

ROBERTSON: This is a remote setting, but the training we see here is, according to al Qaeda analyst Gunaratna, designed to teach the terrorist trainees how to take their jihad to western cities. In this case, a Western city replicated in canvass and stone on a hillside in Eastern Afghanistan.

GUNARATNA: Al Qaeda has built a small city and they're training and they're placing real explosives and blowing up that region. They're blowing up some of the houses, some of the offices. It is a real thing. It is more advanced than training. It is almost like doing the operation, so that when they go to the real operation in the theater, they will be 100 percent confident.

ROBERTSON: For al Qaeda, effectively a kind of Special Forces. Magnus Ranstorp, one of several al Qaeda experts CNN asked to examine this collection of tapes, says he is startled by the level of expertise.

MAGNUS RANSTORP, UNIVERSITY OF ST. ANDREWS: I don't think anyone ever fathomed , even in the intelligence community, how sophisticated the training was, how well prepared they were, and how they were working their way in secret and imparting this advice and developing and thinking, not only what to do but also the defenses the enemy has.

ROBERTSON: This tape is labeled "Exclusive Abu Haps (ph)." The nondiger (ph) or al Qaeda's now dead top military commander Mohammed Atef. The tape provides step-by-step instruction on how to use a surface-to-air missile. GUNARATNA: The video of the surface-to-air missile training is something that has never been made public before. No intelligence agency has any idea that al Qaeda has made a video where they train a person to fire a surface-to-air missile, and I think that this video comes as a shock to the international intelligence community because civil aviation will become very vulnerable because of this type of video.

ROBERTSON: Other training tapes add insights into how al Qaeda works. Here, recruits learn to repel down the side of a cliff. One trainee gets stuck, unable to move. Exercises like these, an indication al Qaeda was not only putting new fighters through their paces, but selecting the right people for the right job.

RANSTORP: And they are really training for specific missions and it's weeding out the elite of the elite, the crime de la crime who may be deployed for even more specialized training and who may even be deployed into the west for terrorist purposes.

ROBERTSON: Elsewhere on the same training tape, al Qaeda operatives repeatedly rehearsed complex hostage taking, and assassination operations, procedures that exactly match diagrams in this handwritten manual, recovered by CNN last November from a former al Qaeda safe house in Kabul. For CNN's military analyst, Retired General David Grange, al Qaeda's tactics present a very clear and present danger.

BRIG. GEN. DAVID GRANGE (RET.), U.S. ARMY: Just the intensity of the training that's described in these tapes, very determined, covering a lot of different areas, information warfare, bomb making, assassinations, raids, snatches, destruction of bridges, lines of communication.

ROBERTSON: For Grange, the training tapes provide more than just a wakeup call on al Qaeda's sophistication. He says the tapes also show weaknesses in al Qaeda's organization.

GRANGE: And so you have to be on the lookout of how they use motorcycles together with automobiles as an example. But what really is apparent looking at a higher level of how they operate is that one, they have to have an idea. They have to have a plan. They have to have resources. They need money. They need chemicals. They need ammunition. They need weapons.

And then, they have to rehearse, practice, stage, and then there are communications requirements. They end up talking to leaders and then they have to do the hit. They have to withdraw safely and then they have to recover somewhere in a safe area. Throughout that whole stage, that whole process, there are vulnerabilities and again, they teach offensive, not defensive measures.

ROBERTSON: But those offensive measures were taught to the trainees on these tapes at least four years ago, giving al Qaeda a substantial head start, experts say, in putting trained operatives in place. GUNARATNA: In terms of preparation, in terms of planning, al Qaeda has created a large number of killers, a large number of terrorists who will, you know over the years will (UNINTELLIGIBLE).

ROBERTSON: If al Qaeda has indeed stolen the initiative as these experts fear, the threat of terrorism may be as real now as it was September the 11, 2001.

(END VIDEOTAPE)

BLITZER: There's much more to say about the pictures we've just seen. Nic Robertson is joining us once again live from the CNN Center in Atlanta. How rigorous, Nic, was this training that these bodyguards apparently had received?

ROBERTSON (on camera): Well, we do know from coalition intelligence sources that the training was so rigorous even that some of the trainees actually complained about it, revolted at one of these training camps, and Osama bin Laden himself actually had to go and visit the camp, settle them down, remind them of the greater goal, of the greater mission, remind them that this was pat of their jihad, and essentially get them back on track, so from what we hear, very rigorous.

Also, analysts who have looked through the tapes, some of these tapes have times and dates on them and they say during a three-week period they went through at times an amazing amount of training from pistol shooting to complex maneuvers. So they say the pace of the training also was very, very impressive.

BLITZER: And finally, Nic, tomorrow, give us a very brief preview. What are we going to see tomorrow?

ROBERTSON: Tomorrow, we're going to see the manufacture of pure TNT. What really worries the experts that have looked at it is there's an associated chemical list that goes with the video, shows how to get these chemicals to make the TNT, how to obtain them from very easy to get places, from pharmacies, from hardware stores, basically making these al Qaeda operatives the bomb makers essentially invisible to intelligence agencies.

BLITZER: Nic Robertson doing an outstanding job this week on these reports. Thanks very much. A worldwide alert for a possible terrorist: Interpol and the FBI on the trail of a man with suspected ties to the September 11th hijackers. Plus handover that $12 million, a former Enron executive faces the music in court. Also a mass evacuation at Miami Airport, dozens treated for respiratory problems, find out what caused the panic. Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back. There's an international manhunt and a nationwide alert for a Saudi man who authorities say could be linked to the 9/11 plot; more now from CNN Justice Correspondent Kelli Arena.

(BEGIN VIDEOTAPE) KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice over): His name is Saud Al-Rasheed, and if he's found, he could provide a break for investigators in the September 11th investigation.

BRUCE GEBHARDT, FBI DEPUTY DIRECTOR: We put out a bulletin last night because we have an individual of interest to us that we would like to talk to.

ARENA: The FBI says Al-Rasheed is 21 years old and is Saudi just like 15 of the hijackers and considered armed and dangerous. He's important because investigators say the image of his passport and photo was found recently on a CD Rom in Pakistan.

GEBHARDT: We see a photograph, a passport photograph of an individual and he's with some other individuals that were of interest to us, the hijackers.

ARENA: The FBI is not saying he's connected, but officials note Al-Rasheed is the only one pictured on the CD Rom who is not one of the known hijackers. The worldwide alert on the FBI's website was issued after investigators checked with intelligence agencies around the world and came up empty.

There is no indication that Al-Rasheed has tried to enter the United States. If he's even alive and caught, he may be able to provide vital information.

MATT LEVITT, FORMER FBI ANALYST: If this individual had an association with the rest of the hijackers, you need to work on the assumption that this is a terrorist operative. This is a terrorist operative that we had not previously identified. This is a terrorist operative who we therefore have to assume is still out there.

ARENA: Former agents also say it's a good idea to get the word out about any possible progress made in the investigation. Nearly one year after the attacks, the FBI is still stymied in its search for possible accomplices.

ROBERT MUELLER, FBI DIRECTOR: We have yet to find a single piece of paper outlining any element of the September 11th attack.

ARENA (on camera): Al-Rasheed is not facing any charges at this point. Finding him is the first priority; questioning him to see what he knows is the second.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

BLITZER: Israeli authorities are claiming a significant victory in their battle against terrorism, including a recent attack, which took American lives. More now from CNN senior international correspondent, Walter Rodgers.

(BEGIN VIDEOTAPE) WALTER RODGERS, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice- over): Israeli security officials say they cracked the Hamas terrorist cell responsible for last month's Palestinian bombing at Hebrew University that killed nine people, including five Americans and two French nationals. Five Palestinian men from East Jerusalem were arrested last Saturday night because the Israelis say they were on their way to plant yet another explosive device somewhere in central Israel.

This Hamas cell reportedly began its murderous campaign in March with the bombing of this Israeli billiards hall, killing 15. Before they were caught, they had killed 35 people and wounded and maimed dozens of others.

Their most ambitious plan, according to the authorities, a mega terror attack that misfired. They tried to blow up a natural gas storage depot in May. Security officials here say if they had been successful in blowing up that tanker truck, it would have been tantamount to a small nuclear device.

Israeli security officials credit the arrests on good intelligence, phone taps and more importantly, Palestinian informants who helped the Israelis.

RA'ANAN GISSIN, SENIOR ADVISOR TO PRIME MINISTER SHARON: The majority of the Palestinian population, I believe, doesn't want terrorism. It wants to return back to normal life. Otherwise, you would have seen a solid front behind the terrorists.

RODGERS: All five came from overwhelmingly Palestinian East Jerusalem. They each had Israeli identity cards, were all married and most had children, but it was those East Jerusalem identity cards that the authorities say enabled them to range about freely, planning attacks from Rishon Le Zion, south of Tel Aviv, to Lod, to Herzlia, to Jerusalem.

Muhammad Odeh, one of the cell members who allegedly helped carry out the attack on Hebrew University, worked there as a painter. The Israelis say he had orders -- do not plant the bomb where it will kill Arab students.

His brother categorically denied that Muhammad had any ties to Hamas. Security officials here say components for the bomb were ready available, fertilizers with nitrates packed with nails smuggled in from Ramallah.

(on-camera): Cracking this Hamas cell was a remarkable stroke of luck for the Israelis, because a senior security official here said, "There's no longer any Palestinian security apparatus on the other side." He said, "Months of fighting have entirely destroyed any Palestinian security infrastructure that might have cooperated with Israel."

Walter Rodgers, CNN, Jerusalem.

(END VIDEOTAPE) BLITZER: A tenured professor on the firing line for alleged links to terrorists. The University of South Florida moves against a man whose never been charged with a crime. Is it persecution, or preventative action? Plus, veterans of the political soapbox rejected at the polls -- the people who voters told, bye, bye, bye. And collapse on court -- fans taken by surprise at a WNBA game. Stay with us.

(COMMERCIAL BREAK)

BLITZER: Welcome back to CNN, I'm Wolf Blitzer in Washington. Coming up, a tenured professor accused of terrorist ties. Is the University of South Florida going too far? A close look at the case in just a moment, but first, a look at some other stories making news right now.

A plea bargain today in a criminal case resulting from the Enron scandal. Former executive, Michael Kopper, pleaded guilty to money laundering and wire fraud charges and has agreed to cooperate with investigators. Kopper managed Enron's partnerships, making millions for himself in the process, which he's been ordered to surrender to the SEC and a restitution fund. It's believed Kopper will give investigators information that could lead to charges against other former Enron executives.

Officials now suspect pepper spray was behind a toxic scare that closed the concourse at Miami International Airport for about three hours this morning. More than 40 people were treated for breathing problems, coughing and watery eyes. A fire department spokesman says a small can of pepper spray was found near the security checkpoint.

The man who videotaped the latest violent police arrest in Inglewood, California, is going to jail. Mitchell Crooks was sentenced to 204 days for probation violations stemming from previous convictions for DUI, hit-and-run and petty theft. Crooks recorded the July 6 arrest of Donovan Jackson by Inglewood police. Officer Jeremy Morse is facing assault charges. He's pleaded not guilty.

Outspoken Republican Congressman Bob Barr will soon be out of a job. He lost in yesterday's Georgia primary to fellow GOP representative, John Linder in a match that resulted when their districts were redrawn. Also ousted, controversial Democratic Congresswoman Cynthia McKinney, who has suggested President Bush knew beforehand about the September 11 attacks. She lost to a state judge and political newcomer, Denise Majette.

Pakistan's President Pervez Musharraf, who's emerged as a key U.S. ally in the war against terror, today, unveiled sweeping constitutional changes that will significantly boost his power. The Army leader, who seized control in a 1999 coup, said the changes give him the ability to dissolve parliament. The moves, just weeks ahead of scheduled elections, guarantee that Mr. Musharraf will keep his post for another five years.

Now, back to our top story. More than a week after it received the case, a San Diego jury has made its decision -- David Westerfield is guilty of the kidnapping and murder of 7-year-old Danielle Van Dam.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: We, the jury, in the above-entitled cause find the defendant, David Allen Westerfield, guilty of the crime of murder and affix the degree thereof of murder in the first degree.

BLITZER (voice-over): It to be nearly 10 days, but the jury of six men and six women has concluded unanimously that David Westerfield kidnapped and murdered 7-year-old Danielle Van Dam. Westerfield sat emotionless as the verdicts were read, verdicts, which also included a unanimous vote that he was guilty on the misdemeanor count, possessing child pornography.

UNIDENTIFIED FEMALE: We, the jury, in the above-entitled cause find the defendant, David Allen Westerfield, guilty of the crime of possess matter depicting person under 18 in sexual conduct.

BLITZER: Danielle Van Dam vanished on February 1, kidnapped from her home near San Diego. Her body was found along a desert road nearly a month later too badly decomposed to determine the exact cause of death.

For that and many other reasons, this turned into a complicated case. The trial itself played out over 27 days. The jury reviewed nearly 200 exhibits and heard testimony from more than 100 witnesses. Westerfield's own teenage son testified for the prosecution that he found child pornography in a collection of his father's computer disks.

UNIDENTIFIED MALE: I found some on his computer and I found some on disks in his office.

BLITZER: The prosecutors spoke of their case on forensic evidence, including a drop of Danielle's blood found on Westerfield's jacket.

UNIDENTIFIED MALE: This is a smoking gun.

BLITZER: Prosecutors also entered into evidence, strands of Danielle's hair found in Westerfield's home and vehicles. The defense countered by highlighting the lifestyle of Danielle's parents, arguing that their pattern of so-called swinging with other couples created opportunities for someone else to have taken Danielle. That fell flat with the jury. But some experts say the fact that the jury was not sequestered may give the defense some breathing room on appeal.

BOB GRIMES, CRIMINAL DEFENSE ATTORNEY: they found out that there was some evidence that was released through the media and not through court, then the defense could go back in front of judge -- the appellate court and say, "Look, we told Judge Mudd to sequester the jury and he didn't do it. This is what happened and so, that would be the possible grounds for appeal.

BLITZER: Because the jury found special circumstances existed, David Westerfield now must fight for his life. Next week, the jury will begin deciding whether to impose life in prison or the death penalty.

(END VIDEOTAPE)

BLITZER: And stay with CNN for full coverage next week as that next sentencing phase of the trial gets underway.

Now, to a battle in Florida. The University of South Florida today sought court clearance to fire a tenured Palestinian professor, who's lived in the United States since 1975. He's accused of having terrorist ties. CNN's Mark Potter has our story.

(BEGIN VIDEOTAPE)

MARK POTTER, CNN CORRESPONDENT (voice-over): For years, the U.S. government has investigated Professor Sami al-Arian for alleged terrorist ties, but has never filed charges. Al-Arian denies any wrongdoing, saying he is no security threat, and is opposed to terrorism.

PROF. SAMI AL-ARIAN, UNIVERSITY OF SOUTH FLORIDA: I don't support suicide bombings. I don't support the targeting of any civilians of any nationality, background or religion and I am deeply against it.

POTTER: Al-Arian is a Palestinian immigrant who taught computer engineering at the University of South Florida in Tampa. He was put on paid administrative leave after September 11, when he and the university received bomb and death threats. Now, the school is asking for a judge's opinion on whether it can fire him.

JUDY GENSHAFT, PRESIDENT, UNIVERSITY OF SOUTH FLORIDA: I believe that Dr. Al-Arian has abused his position at the university, and is using academic freedom as a shield to cover improper activity.

POTTER: In the 1990s, al-Arian ran an Islamic charity and think tank, and espoused radical views on the Israeli occupation.

Al-ARIAN: I never meant death to individuals. I meant death to -- or end of, I should say, end of occupation, oppression, the apartheid state that Israel has been, as far as the Palestinians are concerned.

POTTER: But, of greatest concern to the U.S. government are suspicions he may have helped fund Palestinian terrorism. Federal law enforcement sources tell CNN they are still investigating whether al- Arian knowingly used a charity to transfer money that may have funded a 1995 suicide bombing in Israel, which killed a U.S. student, Alisa Flatow.

(on-camera): Did you have anything to do with that?

AL-ARIAN: Absolutely not. Not just -- and I have had absolutely nothing to do with any of these things. How would I? I mean, come on.

POTTER (voice-over): Recently, the university sent al-Arian a letter of its intent to fire him, a move opposed by a national professors' group.

MARY BERGEN, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS: He has the right of any individual in this free country of ours to express his opinions outside the classroom.

DAVID HARRIS, AMERICAN JEWISH COMMITTEE: This is not about free speech. It's a smokescreen. It's a camouflage. What this is really about is whether al-Arian has been connected with a terrorist group that has been banned by the United States.

POTTER (on-camera): The verdict is still out on that, but, clearly, the university's intent is to fire Professor Sami al-Arian, if the courts rule that doing so would not violate his constitutional rights.

Mark Potter, CNN, Miami.

(END VIDEOTAPE)

BLITZER: And call it a bad day in the sun -- kids with a burn. Now, a mother sent to jail faces a new fate, why authorities changed their mind. A scary fall for a child at the fair. What went wrong? And another chance for a former commander-in-chief to be like Oprah.

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BLITZER: An Ohio woman accused of endangering her children by letting them get severely sunburned now faces reduced charges. Eve Hibbits was arrested and jailed last week after her 10-month-old twin sons and 2-year-old daughter suffered burns while they were in a county fair. Authorities said it looked like the children's faces had been dipped in red paint. Today, Hibbits was released after pleading guilty to a misdemeanor charge of child endangerment. Authorities say children were not as severely burned as initially thought.

The noisy crowd at last night's WBNA playoff game in Houston fell silent when a referee collapsed and stopped breathing. A team doctor tried to revive the man who's listed in critical condition today. The audience applauded the rescue effort as the referee was taken out and many of them joined in prayer.

A ride at the California State Fair is closed for now after a toddler fell off the ride. The boy suffered cuts and bruises after falling off the Kite Rider and hitting the concrete below. We get more now from George Franco of our affiliate, KOVR.

(BEGIN VIDEOTAPE)

GEORGE FRANCO, KOVR CORRESPONDENT (voice-over): The carnival sounds of happy children at the Kite Flyer Monday afternoon, also includes a mother's scream of terror as she helplessly watches her nearly 3-year-old son thrown from the ride.

JENNIFER JONES, TODDLER'S MOTHER: I mean I was just screaming and the people that were supposed to be monitoring the ride, they were talking amongst each other, weren't even focusing on my son. FRANCO: Demarri (ph) has bumps and bruises, but a hospital check reveals nothing serious for the little boy whose measurements are integral in the investigation.

UNIDENTIFIED MALE: Thirty-eight and a half.

FRANCO (on-camera): The minimum height requirement here at the Kite Flyer equals Rachel here and a little more, which is 42 inches, which is a little more than little Demarri (ph).

JONES: When I was there, the little sign said, "You must be as tall as me to ride this ride," which was 36 inches and today, it's 42 -- that someone needs to pay more attention to what they're doing rather than just quickly trying to set it up and make money.

FRANCO (voice-over): The ride reopens after the accident, but after KOVR shows safety inspectors the video, it is promptly closed.

BRIAN MAY, CALIFORNIA STATE FAIR: Everything is under investigation and once the investigation is complete, we'll have a statement that we will release to the public.

FRANCO: The Kite Flyer is temporarily shut down as parents consider the safety of their children.

UNIDENTIFIED FEMALE: Ultimately, it should be the operator of the ride.

FRANCO (on-camera): In charge of safety?

UNIDENTIFIED FEMALE: Yes.

FRANCO: Why?

UNIDENTIFIED FEMALE: Because they're in charge of the ride.

FRANCO: Do you take any responsibility?

JONES: No, I don't. I thought he was going to be safe. I made sure he measured up correctly to that or -- I would never put my son in a situation that will harm him.

(END VIDEOTAPE)

BLITZER: Good report from our affiliate reporter, George Franco of KOVR in Sacramento.

He's engaging, he's charismatic and he also got impeached. Now, Bill Clinton may be in talks with CBS over a new show, but is that a good idea? I'll speak with a man who always has something to say, James Carville. He'll weigh in on Clinton TV when we return.

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BLITZER: Welcome back. There are new reports; former President Bill Clinton is negotiating a daily syndicated talk show, this time with CBS. And joining us now to talk about that possibility is close friend, former Clinton manger, James Carville, co-host of "CROSSFIRE."

Is this a good idea for Bill Clinton to becoming a daily talk show host, James?

JAMES CARVILLE, CO-HOST, "CROSSFIRE": Well, A, I don't think it's going to happen and B, I think there are a lot of better ideas of things that he could do out there.

BLITZER: Why is it -- why don't you think it's going to -- he could make a $100 million, one report says.

CARVILLE: Well, report say that friends of -- quote -- "friends of the president negotiate." This, I mean I -- I think it's highly unlikely that it'll happen. Let me put it that way.

Look, he's an interesting guy. He's, you know, the smartest president we've had since, you know, at least Franklin Roosevelt and maybe ever. And people would be interested to hear what he has to say. He certainly was a polemic figure, too. The people that really like him like him. And the people that don't like him really don't like him. But having said all of that, my guess is is that he may do something in the media but I don't think a weekly show would be good.

BLITZER: Well, we're talking about a daily show, not a weekly show.

CARVILLE: A daily show -- but I said daily.

BLITZER: Are you speaking because of your hunch or have you spoken to Bill Clinton?

CARVILLE: I'd call it an educated hunch.

BLITZER: And it sounds like you know something we don't know.

CARVILLE: Well, I don't know. I mean I -- you know, the one thing that may -- that all of this reaction and this clap trap from these -- from the right, who knows, he may get up one morning and say, "Hell, you know, if these people don't want me to it, it must be a good idea to do it" and do it any way. But I don't think that the offer that was talked -- or the idea that was talked about in today's "New York Times" -- my sense is that won't happen, but it may. I better not -- I'm not him and he's...

BLITZER: Very briefly, would it be demeaning for a former president to be a daily talk show host?

CARVILLE: Well, it would be new and different. Again, in my opinion, I said it publicly and said privately, I don't think this is a particularly good idea, but other things that I didn't think were a particularly good idea, he did it any way, so...

(LAUGHTER)

BLITZER: We can always listen to James Carville. James, thanks for joining us... CARVILLE: Thank you so much, Wolf.

BLITZER: ... as usual. And for our viewers, the debate ion the Bill Clinton Show will continue on "CROSSFIRE." Should the former president have a talk show? Why is there so much fascination about him? Watch tonight, 7:00 P.M. Eastern, just a little bit from -- an hour from now.

Let's go live to New York now and get a preview of "LOU DOBBS MONEYLINE." That begins right at the top of this hour. Jan Hopkins filling in Lou tonight -- Jan.

JAN HOPKINS, GUEST HOST, "LOU DOBBS MONEYLINE": Thanks, Wolf. Coming up on "MONEYLINE," the federal government's landed its first criminal charge in Enron collapse today.

Former Enron executive Michael Kopper pled guilty to money laundering and fraud. We'll have a live report from Houston. And we'll show you latest on CNN's exclusive terror tapes. In today's installment, we'll have coverage of the threat posed by al Qaeda training over the years. Nic Robertson will have the report. And 23 wildfires are burning in 10 states. Those fires have burned more than six million acres so far this year. We'll talk to a fire historian to put the damage in perspective. All of that and a lot more coming up on "MONEYLINE."

Wolf, back you to you.

BLITZER: Thank you very much, Jan.

Time is running out to weigh in on our "Web Question of The Day" -- do you think David Westerfield should receive the death penalty? Log on to CNN.com/Wolf to vote. The results coming up in two minutes.

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BLITZER: Now, our "Web Question of The Day." Earlier we asked, do you think David Westerfield should receive the death penalty? Seventy-seven percent of you say, "Yes," 23 percent, "No." Remember, this is not a scientific poll.

Time to hear from you. Despite her financial troubles, Martha Stewart still has plenty of friends among our viewers. Lon writes this -- "Why does Congress think they have the moral authority to question and beat up on Martha Stewart when many of them have been taking large sums of money from corporations? A lot of congressmen have sold themselves to the highest bidder."

That's all the time we have today. Tomorrow, 5:00 p.m. Eastern, a recipe for disaster -- alarming how-to advice involving TNT and those al Qaeda terror tapes. Until then, thanks very much for watching. "LOU DOBBS MONEYLINE" begins right now.

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