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ANDERSON COOPER 360 DEGREES

Is al Qaeda Planning to Hit 20 New Targets?; Bush, Kerry Campaign in Battleground States

Aired August 3, 2004 - 19:00   ET

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


ANDERSON COOPER, HOST: Good evening, I'm Anderson Cooper from New York.
More potential terror targets, but just how reliable is four- year-old information?

360 starts now.

Does al Qaeda have its eye on 20 potential targets? And just how new is this new intelligence, really?

Bush and Kerry zero in on battleground states, honing their message for an Iowa showdown tomorrow.

The case against Kobe Bryant. Does the prosecution have another witness prepared to testify she was assaulted by the basketball superstar?

Lynndie England, the soldier whose smile shocked the world, faces court and cameras for the first time.

Murder, lies, and videotape? Mark Hacking says he was asleep when his wife went missing, but now a new tape may tell a different story.

And Mary Kay Letourneau, the teacher whose obsession sent her to jail, gets out tomorrow. Will she run back into the arms of the boy who's now a man?

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 306.

COOPER: Good evening.

We begin with the terror warning, and the Bush administration's Hobson's choice. They say, new or old, the information on financial centers being targeted had to be given to the public. Some of the information newly gained by terror experts was actually years old, but there was so much specificity, says the administration, that it felt it had no choice to release some of the details.

Today Homeland Security Secretary Tom Ridge continued to defend that decision, and we continue to learn more about the details of the actual intelligence.

Here's CNN's justice correspondent, Kelli Arena.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): Homeland Security Secretary Tom Ridge defended the decision to partially raise the nation's terror alert, even though investigators say surveillance of potential targets was mostly done before September 11.

TOM RIDGE, HOMELAND SECURITY SECRETARY: One could argue logically, if you've taken a look at potential sites with this kind of information, at least you're thinking about it. And we've got to take that very seriously.

ARENA: Law enforcement sources say the intelligence indicates there are about 20 potential financial targets, broken down into three categories, depending on how much information was gathered on them.

For example, the New York Stock Exchange is in category 1. Al Qaeda had collected a lot of detail and conducted extensive surveillance. The Bank of America in San Francisco is in category 2, meaning there's less information in databases.

While the potential targets have received a lot of attention, U.S. and Pakistani officials say the real intelligence coup is coming from interrogations of alleged al Qaeda computer expert Muhammad Naeem Noor Khan.

SHEIKH RASHID AHMED, PAKISTAN INFORMATION MINISTER (on phone): We have some valuable information from them. And we are interrogating and investigation this case, and I think this is a great achievement of the security forces.

ARENA: As one source put it, Khan is emerging as a key player in the communications network of al Qaeda. According to intelligence officials, Khan told interrogators al Qaeda used couriers to get messages and computer disks to him. He then posted coded messages on Web sites and quickly deleted the files. According to Khan, he used e-mail addresses and Web sites only a few times to avoid detection.

KEN PIERNICK, FORMER FBI TERRORISM OFFICIAL: I think he was profoundly significant. That we've penetrated into their communications node is just an utter and absolute coup.

(END VIDEOTAPE)

ARENA: U.S. government sources say they have asked Pakistani officials to present specific questions to Khan related to ongoing investigations. And Pakistani officials tell CNN at least seven other individuals have been arrested. Those arrests may be connected to the intelligence gathered earlier, Anderson.

COOPER: So how much of these information is really new? I mean, how much of it was known three or four years ago, how much is just learned today or in the last couple days?

ARENA: Well, on the surveillance front, Anderson, a lot of that was done pre-September 11. But investigators say that there are indications, there is evidence that al Qaeda tried to update that information in January of this year. The question is, did they do that in person, or did they do that just gathering information that is public and available on the Web? That, they don't know.

But the information, of course, coming from interrogations is all new.

COOPER: All right. Kelli Arena, thanks, from Washington.

Some Washington, D.C., leaders are fired up over the stepped-up security and speaking out. Here's a quick news note. Check out this heated exchange between D.C. delegate Eleanor Holmes Norton and U.S. Capital Police Chief Terry Gaynor.

We don't have the audio of it. Norton is angry over the indefinite closure of First Street near Union Station and the various checkpoints throughout D.C. Traffic is backed up for miles in some parts of Washington. Norton calls the restrictions unacceptable, and says security officials need to do better. Chief Gaynor says he is sorry for the inconvenience, but the steps are necessary to keep Washington safe.

Fair to say that in the dog days of this summer, the Bush and Kerry campaigns are going all-out looking for votes, maybe even from some dogs. Both President Bush and Senator John Kerry are logging a lot of miles trying to find the few undecided voters still out there, even going to the far reaches of the country, if necessary.

Tracking both campaigns for us tonight, CNN's senior political correspondent Candy Crowley.

(BEGIN VIDEOTAPE)

CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT (voice-over): If it's Tuesday, this must be Beloit, Wisconsin. Subject, what Massachusetts liberal?

SEN. JOHN KERRY, DEMOCRATIC PRESIDENTIAL CANDIDATE: I am determined that as president, I'm not going to responsible for piling debt on our children's heads...

CROWLEY: Painting himself as a fiscal conservative, John Kerry talked deficits, health care, et cetera.

KERRY: I'm going to have a press conference at least once a month to talk to the nation about what I'm doing, because I don't have anything to hide.

CROWLEY: Of all the towns in all the states in all the country, he walks into Beloit, Wisconsin. Ever wonder why?

KERRY: My priority, first and foremost, is putting America back to work.

CROWLEY: It is blue-collar, rural, and has one of the highest unemployment rates in a state Al Gore barely won. Beloit popped up on what's called a deficit map. It begins with a universe of about 19 battleground states, mostly Midwestern and Southwestern states, along with Florida.

Both campaigns have a deficit map, which mathematically calculates various things including unemployment, military presence, and political makeup. The deficit map is why Wednesday both the Kerry and the Bush campaigns find themselves in Davenport, Iowa. Within Davenport city limits, the campaigns' two major issues play out up close and personal.

Culturally conservative, Davenport has Iowa's highest unemployment rate. It is home to the state's Air National Guard unit. Some of its troops remain in Iraq on extended stay. The city has experienced a high Iraq casualty rate.

Davenport is also one of only two big media markets in Iowa, where polls show a dead-heat race.

Candy Crowley, CNN, Beloit, Wisconsin.

(END VIDEOTAPE)

COOPER: Well, back in Washington, two different congressional committees began hearings today on the recommendations made by the 9/11 commission. Now, both the House and the Senate began looking into the report today, which is somewhat of a surprise, since just weeks ago, there was consensus that nothing would be done this year, it being an election year and all.

But don't underestimate the power of the 9/1 families, the commission members, or of raw politics to move things along, both on the hill and at the White House.

(BEGIN VIDEOTAPE)

COOPER (voice-over): Eleven days after the 9/11 commission released its report, President Bush embraced some of its recommendations.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Today I'm asking Congress to create the position of a national intelligence director.

COOPER: A turnaround, say the president's critics, because until a few days ago, some in his administration were still openly opposed to creating an intelligence czar position.

RIDGE: I don't think you need a czar. I think you add one level of bureaucracy that we don't need.

COOPER: President Bush's endorsement of the commission's work yesterday may sound odd to his opponents. After all, two years ago, President Bush resisted the idea of creating the 9/11 commission. Then he agreed to appear before the commission, but only behind closed doors. He reluctantly let his national security adviser testify. He fought hard not to extend the commission's deadline and was slow to hand over some documents.

(BEGIN VIDEO CLIP, July 9, 2003)

THOMAS KEAN, CHAIRMAN, 9/11 COMMISSION: We would much rather have this done voluntary and work with the various agencies in that way.

(END VIDEO CLIP)

COOPER: Yet the White House insists President Bush cooperated with the commission all along. But his opponents say the reason why he embraced the commission's recommendations has a lot to do with -- well, with his opponent.

KERRY: The 9/11 commission has given us a path to follow, endorsed by Democrats, Republicans, and the 9/11 families. As president, I will not evade or equivocate, I will immediately implement all the recommendations of that commission...

BILL SCHNEIDER, CNN SENIOR POLITICAL ANALYST: Neither side wants to be seen as resisting, as opposing anything in that commission report, because there's a political price to be paid. The 9/11 families have made themselves a very potent political force. They will openly criticize either Senator Kerry or President Bush if either of them is seen as resisting the commission's recommendations.

COOPER: So if they're embracing what their opponent embraces to avoid losing ground, that's raw politics.

(END VIDEOTAPE)

COOPER: Well, it is hard to imagine anyone being terrorized by Lynndie England. The Army private barely looks big enough to wield a weapon, let alone use it on anyone. But thanks to the infamous pictures of the Abu Ghraib prison, she's the face of torture of Iraqi prisoners, which may tell us not only something about her, but the nature of torture itself.

Her guilt or innocence is still to be determined. That's up to the courts. The next step in that process was taken today.

Here's CNN's Susan Candiotti.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): It was a day of embarrassing testimony for the diminutive, six-month-pregnant reservist from Laurel, West Virginia. Twenty-one-year-old Private First Class Lynndie England appeared uncomfortable facing witnesses who described not only her alleged role in abusing Iraqi prisoners, but detailed sexually explicit photos of England with other soldiers.

The lead investigator testified that England was asked why she posed with naked Iraqi detainees stacked in a human pyramid, why she agreed to hold a dog leash tied around the neck of another new detainee. He said England offered this explanation, "It was just for fun."

As for all the guards involved, these words, "They didn't think it was that big a deal. They were joking around." The investigator testified that only once when England was first questioned did she mention military intelligence, that she said agents told guards it was OK to rough up these suspected rapists.

When testimony turned to other, more personal photographs, as her mother looked on, England turned away and dropped her head. When England left at the lunch break, she did not return for the afternoon session. Her lawyer said she had called her doctor, who asked her to come in. He would not elaborate, other than to say it had been a difficult day for her.

RICHARD HERNANDEZ, PFC ENGLAND'S LAWYER: She's as stressed as anyone else would be if you were a 21-year-old young lady who's facing 30 years for pictures, intimate photographs that are -- you would see at Mardi Gras on spring break. But not in this case, she's facing 30 years.

(END VIDEOTAPE)

CANDIOTTI: England herself spoke only briefly in court when asked by the hearing officer whether defense planned to call any witnesses. "No, ma'am," she said. Nor is England expected to testify at this investigative hearing. She is supposed to be back in court tomorrow, Anderson.

COOPER: Susan, did I hear right, that her lawyer said these are pictures you would see at Mardi Gras on spring break?

CANDIOTTI: Possibly. And again, he stresses the ones in which she is allegedly seen having sex with other guards, not detainees, he says these are photographs of a personal nature that she never intended to be publicized.

COOPER: No doubt about that. All right, Susan Candiotti, thanks very much.

Hurricane Alex grazes the North Carolina coast. That story tops our look at news cross-country right now. Outer Banks, North Carolina, the category two hurricane has now moved away from land after whipping up the sands and surf, as you can see. Maximum sustained winds near 100 miles per hour. So far, no reports of major damage.

Liberty Island, New York, the Statue of Liberty welcomes the tired, the poor, and the thousands of tourists into its base. You are looking at a live picture, a beautiful picture at that. Today for the first time since the September 11 attacks, the statue's doors are open. Visitors can climb to the top of Lady Liberty's pedestal, but her crown and torch remain off limits for security reasons.

Near Austin, Texas, now, a small plain crashes into a house. Six people on board were killed. There's conflicting information on whether the plane was landing or taking off from a nearby airport. A couple and a repairman now inside the house are not hurt.

That's a quick look at stories happening cross-country tonight.

360 next, Kobe Bryant and another accusation of sexual misconduct, another woman. Find out what one potential witness says happened to her.

Plus, the mystery of Lori Hacking. Her husband arrested for murder, and now an alleged confession and this new videotape from the night of the murder. We'll have the latest.

Also a little later, Olympic dreams meet at athlete who's sweet, strong, and swift, they say, and pounding the mat for gold.

All that ahead. But first, your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COOPER: A reported confession in the murder case of Lori Hacking. Tonight, her husband is under a suicide watch, but he's being held without bail for allegedly killing his pregnant wife. Police say Mark Hacking confessed to the crime while he was at a psychiatric ward. They believe he told a, quote, "reliable citizen witness" that he murdered her while she slept. Since his wife disappeared, Hacking has maintained that he was asleep when she vanished. But tonight there is a tape, a new surveillance tape, that tells a much different story.

CNN's Miguel Marquez has that.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): In the document police used to charge Mark Hacking with murder, police lay out their case. David Yocum, the Salt Lake County district attorney, the man who will prosecute Mark Hacking, reads from the report. It lays out what police say Mark Hacking told a witness while at a Salt Lake City psychiatric hospital just days after reporting his wife missing.

DAVID YOCUM, SALT LAKE COUNTY PROSECUTOR: Mark Hacking told this reliable citizen witness that he killed Lori while she was asleep in bed and disposed of her body in a dumpster.

MARQUEZ: The report also indicates that police found a mattress in a dumpster near the Hacking residence, and that the tags on it matched those on a box spring in the Hackings' bedroom. Mark Hacking purchased a new mattress the day he reported his wife missing.

And there is other evidence. Securitycam video from a Salt Lake City convenience store shows Mark Hacking entering the store at 1:18 a.m. on Monday, July 19, hours before he reported his wife missing. Hacking enters along with an unrelated customer and buys a pack of Camel Lime Twist cigarettes. The store's management says the clerk reported that there was nothing strange about Mark Hacking's demeanor or the transaction. Hacking is seen examining his hands, sighing heavily, then purchasing the Camels. He walks off, then returns after forgetting his change. When he leaves, security cameras catch one more glimpse of Mark Hacking driving away in his wife's car. The company spokesman says the entire transaction lasted two to three minutes.

(END VIDEOTAPE)

MARQUEZ: And amazingly, there is another piece of securitycam video from that same store of Mark and Lori Hacking entering just hours before he purchased those cigarettes, at 9:30 p.m. Sunday, right before that. It may be the last picture of Lori Hacking alive. The store is considering whether to release it.

And Gil Athay (ph), Mr. Hacking's attorney, says that he has not considered what charges he will -- or what he will plead in this case and how he'll handle this case until he sees all the evidence from the district attorney. But he says that an insanity plea is possible, Anderson.

COOPER: Miguel Marquez, thanks very much, appreciate it.

Joining us for more on the Hacking case, (UNINTELLIGIBLE) CNN's senior legal analyst Jeffrey Toobin.

Jeff, good to see you.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Hi, Anderson.

COOPER: I imagine the defense attorney is trying to figure out all his options at this point, because it doesn't look like he has that many options.

TOOBIN: It doesn't look like a lot of them. I mean, you know, you think about how a defense attorney approaches it. First of all, you say, Well, someone else did it, but if the murder was in the bed when there were no signs of forced entry, who else could it be? Then you think about, well, maybe you could try a reasonable doubt defense, but if there's the bed plus a confession to someone else, that -- it's hard to argue that isn't reasonable doubt.

That leaves you pretty much by default with insanity.

COOPER: And even insanity, though he has been in a psychiatric hospital and was found running around naked, you say that's going to be a hard thing to prove.

TOOBIN: Insanity is very, very difficult to prove. The definitions differ a little by state, but by and large, the definition of insanity is, you don't know the difference between right from wrong. And if Mark Hacking was trying to cover up the crime, if he was coming up with a false story, if he was trying to dispose of the mattress, if he was covering his tracks at all, that suggests he knew what he did was wrong, and he was trying to cover up. So that leaves insanity pretty much in the dust. COOPER: Now, there's sort of this web of lies that he's alleged to have spun over the years about him going to medical school. Would that play into this at all? I mean, does that matter?

TOOBIN: Well, mental state could come into effect if it's -- (UNINTELLIGIBLE) could matter if it's a death penalty case, because even if you can't prove that you're factually innocent because of insanity, you could say, Hey, look, it's a mitigating factor, that my, I was emotionally troubled, I had all these problems, I had a some sort of emotional condition that led me to this crime. That could lead a jury to say, OK, you're guilty, but we want to give you a life sentence instead of the death penalty. That, that's a little easier to argue than legal insanity.

COOPER: Although I would imagine it would be good for, easy for a defense attorney to cast doubt on this apparent witness who heard or received this confession, this from, this alleged confession, from Hacking in a psychiatric ward.

TOOBIN: True, if it's another patient, sure. But what if it's a nurse? What if it's an orderly? What if it's someone who really is...

(CROSSTALK)

TOOBIN: We don't know, and I think, of course, at this very early stage, it's important to keep an open mind. But you shouldn't keep an empty mind, and it looks like a pretty strong case.

COOPER: And if it turns out that Lori Hacking was indeed pregnant at the time, which police are not officially saying yet, would another murder charge be tacked on?

TOOBIN: It's possible. That varies by state. It also varies by the -- how pregnant she might have been. You know, was there fetal viability? Could the fetus have lived on his or her own? That, of course, in the Peterson case, you had, you know, Conner Peterson who was virtually a full-term baby. This was perhaps a five-week pregnancy, possibly a different situation.

COOPER: All right, Jeff Toobin, thanks very much.

TOOBIN: OK.

COOPER: Four U.S. troops were killed today in Iraq. That story tops our look at what's happening around the world in the uplink.

Across Iraq, at least 10 people have been killed over the past 24 hours. Today, a suicide car bombing killed four Iraqi national guard members at a checkpoint outside Baqubah. Two U.S. soldiers and two U.S. Marines were killed in other attacks across the country.

Amman, Jordan, now. Saddam Hussein's eldest living daughter considers politics. Raghad Saddam Hussein tells a London-based newspaper that she must be become a politician because many Iraqis, including her father, are depending on her. She says Saddam needs her help after the death of her brothers, Uday and Qusay.

Southern China now, locusts everywhere. Take a look at this. Swarms have invaded one coastal city. Those are locusts. And at some places there are more than 5,000 per square yard. The city's Locust Protection Office, and yes, there is a Locust Protection Office in this city, apparently, says that exterminations must take place within 10 days, or else the insects will threaten crops.

And in Australia, crack open a six-pack of Chiraz (ph). The Land Down Under, a frequent contributor to fine culture, we think, has developed a premium-quality can o' wine that can last up to five years. I added in the "o' wine" part. The developer says it's a wine people can now take outdoors, which is certainly good news for all you extreme Chardonnay drinkers. Good on you.

And Cologne, Germany, that is no dream team, it is an exhibition game today, the U.S. men's Olympic basketball team suffered its worst loss NBA players were allowed to compete in 1992. Italy crushed the U.S. 95 to 78.

And that is tonight's uplink.

360 next, he stood by Andrea Yates all these years, but now he's filed for divorce. Rusty Yates, cutting the ties with the woman who murdered his children.

Plus, Kobe Bryant's accuser, her sexual past made public. Find out why his past actions may also come into play. A potential bombshell witness who says Kobe got out of line with her. It's a story you're going to see here first.

Also tonight, Mary Kay Letourneau walking free. Her obsession with a sixth-grade student made world headlines. Her former prison mate joins us live.

(COMMERCIAL BREAK)

COOPER: When Andrea Yates drowned her five young children in a bathtub and went on trial for murder, her husband, Rusty, stood by her side. Now, three years after the crime, with his wife serving a life sentence, Rusty Yates has filed for divorce. In court papers, he cites discord.

Here's CNN's Keith Oppenheim.

(BEGIN VIDEOTAPE)

KEITH OPPENHEIM, CNN CORRESPONDENT (voice-over): (audio interrupt) was found guilty of murder, it was clear this was a case with many victims. The ones who died were Noah, John, Paul, Luke, and Mary. One who had to live with the crime was the children's father, commonly known as Rusty.

RUSTY YATES, ANDREA YATES'S HUSBAND: Do you really think that we would support Andrea if we believed anything other than she was psychotic on that day? OPPENHEIM: In June of 2001, Andrea Yates called police to the family's home in Clear Lake, Texas. She led them to the bodies of her children, whom she drowned in a bathtub.

YATES: Yes, I mean, I love her. I mean, I, you know, like I said, the only thing I have issue with is the fact that she didn't tell me that she'd had thoughts of harming the children.

OPPENHEIM: Throughout the ordeal, Rusty Yates stuck by his wife, even after she was sent to prison for life. But Rusty Yates also said Andrea lapsed into psychotic states during which she still thought the children were alive. He ultimately decided to end the marriage.

JOHN O'SULLIVAN, ANDREA YATES'S DIVORCE ATTORNEY: I think it's devastating to her. I mean, you know, the, you know, she loved Rusty dearly and still does.

OPPENHEIM: Those around Andrea Yates are concerned about the impact a divorce could have on her. In July, she was temporarily hospitalized for refusing to eat.

LUCY PURYEAR, DEFENSE PSYCHIATRIST: She is severely, severely ill. This will be a chronic illness that she will struggle with for the rest of her life.

OPPENHEIM (on camera): Andrea Yates's attorneys say there are questions about her competency in a divorce proceeding, and they are concerned that with a disconnect from the man who stood by her, Andrea Yates's downward spiral could get even worse.

Keith Oppenheim, CNN, Chicago.

(END VIDEOTAPE)

COOPER: Well, 360 next, Kobe Bryant's defense called into question. A woman from his past steps forward with her own story of sexual misconduct. Find out how her testimony, if she does testify, may impact the case, a story you're going to see here first.

Plus, the schoolteacher who raped her sixth-grade student. Mary Kay Letourneau walking free tomorrow. Find out what she's saying now about what she did then and what she may do in the future.

Also tonight, vigilante justice that never paid off. His mother shot the man who allegedly molested him in open court. Now he is on the run for murder. How quickly we forget.

That and more coming up on 360.

(COMMERCIAL BREAK)

COOPER: The case against Kobe Bryant has, for several weeks now, appeared to be slipping away from the prosecution. Just today, we learned from newly released court transcripts that one prosecutor told the judge she was going to, quote, "reevaluate the quality of its case and its chances of a successful prosecution." But tonight a potential huge break for the state. It involves reports of a possible new witness against the NBA star. "Sports Illustrated" is reporting that prosecutors will subpoena a 22-year-old Florida woman who says she was groped by the NBA star at a party in 2002.

Joining us from Hartford is Jeff Benedict, the reporter who broke that story for "Sports Illustrated." Jeff, thanks for being with us tonight.

What exactly does this woman allege happened?

JEFF BENEDICT, "SPORTS ILLUSTRATED": Well, after Kobe Bryant was indicted last year, he held that historic press conference where he claimed he was innocent. That press conference sparked a phone call from this woman in Florida, who notified the district attorney that she had had a run-in with Bryant months earlier at Shaquille O'Neal's house in Orlando, Florida. And she alleged that she had been improperly groped by Bryant at that house.

Obviously many months have gone by since that report was filed, but it's potentially powerful evidence as rebuttal evidence if the prosecution is able to admit it.

COOPER: I mean, at the time, do we know -- or do you know anything about -- I mean, did she tell people at the time of the incident, or is it only months later after this thing, you know, hit the airwaves that she came forward?

BENEDICT: Well, if you remember the sequence, the incident allegedly occurred on Thanksgiving Day in 2002, so that would have been months before the Colorado incident. She did not go forward at that time and report anything to the authorities. She did tell other people, however, and then she told the authorities in Colorado after seeing Kobe Bryant's press conference.

COOPER: She said -- I read your article, she said she called her mother?

BENEDICT: That's correct.

COOPER: What is the likelihood that this woman will be called to testify? I understand she -- according to your article, she does not want to come forward and would have to be subpoenaed.

BENEDICT: Right. And I mean, obviously I think it's pretty understandable why any woman wouldn't want to come forward in this case, I mean, after what's gone on for the last 12 months.

That would be the purpose for the subpoena, though. This is -- I think the only way you'd see this witness in court is likely if Kobe Bryant testifies. Under Colorado's 404b evidence rule, this kind of testimony would likely be admissible, is relevant, and would be used as rebuttal to what he might say in his testimony.

COOPER: Some have raised the question whether this would keep Kobe Bryant off the stand if that is indeed true, that they might keep him off the stand just so that witness wouldn't have to come forward.

Shaquille O'Neal -- if this witness does come forward, Shaquille O'Neal could also be called, I suppose, to testify?

BENEDICT: Well, you know, one of the things that we reported in the story today is that the authorities have already tried to question Shaquille O'Neal. There was a move to use investigators in Los Angeles out of the Los Angeles District Attorney's Office in an effort to sit down with Shaquille O'Neal and interview him about this dinner that was held at his house.

His lawyers decided that it was not in his best interest for him to sit down with the authorities and talk. I think, you know, it's important to clarify, he's not in any way suspected or alleged to have done anything wrong. It's just that it was his home, it was his party, and he was there when this allegedly happened.

COOPER: Jeff Benedict with "Sports Illustrated," you broke the story today. Thanks very much for joining us.

BENEDICT: Thank you.

COOPER: Covering the case for us in justice served tonight, 360 legal analyst Kimberly Guilfoyle Newsom, and from Denver, Defense Attorney Craig Silverman. Thanks, both, for being on the program tonight.

Kimberly, I want to start off with you. This woman, how viable or how important is her story, potentially?

KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: Well, this is potentially very powerful evidence for the prosecution a tool for them in this case. They really need some help here to corroborate and add some credibility to the complaining witness, here, to the accuser -- you know, allegations of her past mental health history issues, also sexual conduct surrounding the incident.

So, if they can come forward with a witness that says, look, Kobe Bryant is not necessarily the consensual kind of guy, he's a guy who's sexually aggressive, makes unwanted advances. And as close in comparison are the facts to this case, meaning the 2002 Thanksgiving incident to this case in question that's it's more likely that it could come in.

It could come in the case in chief. I don't think they have as good an argument for that, but I think it could come in in rebuttal if he takes the stand to impeach his testimony or to show, hey look, you're not always just agreeing with what women say or what they want to be done.

COOPER: Craig, you're out there in Colorado. Under Colorado law, was Jeff of "Sports Illustrated" correct, that this woman could only be called in to rebut the testimony of Kobe Bryant, or could she be subpoenaed and just called in to be a witness?

CRAIG SILVERMAN, DEFENSE ATTORNEY: No, he wasn't right. Under 1610-301 (ph), it could be part of the prosecution's case in chief if they can establish a modus operandi. And with all due respect, Kim, I don't think it's exactly similar.

The testimony in Eagle is that this young woman engaged in five minutes of consensual hugging and kissing with Kobe Bryant -- quite a different situation than that described in Orlando.

And beyond that, I was sitting in open court when the prosecution conceded three months ago, approximately, that they had no evidence of other sexual misconduct on the part of Kobe Bryant. So, this report is very surprising -- interesting and surprising.

NEWSOM: Yes, Craig, I'm not saying that it's exactly similar. I'm saying the more similar it is to the case the prosecution has, the more probative it is, the more likely it is to come in the case in chief, in addition to potential coming in in their rebuttal case should he take the stand.

SILVERMAN: I agree with you, Kimberly. It's very dangerous territory for Kobe Bryant. If this kind of evidence comes in, it certainly changes things quite a bit.

COOPER: We should also point out that CNN has spoken to a spokesman for the prosecution, and as Craig has said, that previously that they had pointed out that they weren't going to bring any witnesses to talk about Kobe Bryant's personal life.

She said, the spokesman, today that she would not confirm or deny if they have changed that mind on that. So, we'll have to wait and see.

Craig Silverman -- we're going to have to leave it there -- Kimberly Guilfoyle Newsom, thanks very much.

NEWSOM: Thank you.

SILVERMAN: Thank you.

COOPER: Well, today's "Buzz" is this: Are the sexual histories of Kobe Bryant and his accuser relevant to the case? What do you think -- yes or no? Log on to cnn.com/360; cast your vote. Results at the end of the program tonight.

And 360 next, freedom for Mary Kay Letourneau just a day away. The former teacher who raped her student has written a book. Well, actually one of her prison mates has written a book about her life behind bars. We'll talk with her former prison mate just ahead.

Also tonight, the boy whose mom killed his alleged molester in court is now a man and a fugitive wanted for murder. How quickly we forget.

(COMMERCIAL BREAK)

COOPER: Mary Kay Letourneau, leaving prison. She spent years behind bars for raping her 6th grade student. Find out if she plans to see him and their two children again. 360 next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

LETOURNEAU: I did something that I had no right to do, morally or legally. It was wrong and I am sorry. I give you my word that it will not happen again.

(END VIDEO CLIP)

COOPER: Well, seven years after that apology, Mary Kay Letourneau will be released from prison tomorrow for a relationship she says involved only love. The law, of course, has another name for it, rape. The former Oregon schoolteacher pleaded guilty for raping a 12-year-old boy. When she's set free, Letourneau will paroled as a level 2 sex offender, and believe it or not, an author. "Mass with Marry," was written with Letourneau and two of her prison mates. The book recounts her experience in jail and bills itself as her untold story. Christina Dress co-wrote the book with Letourneau, while she was serving a sentence for forgery, and joins me now from Seattle.

Christina thanks very much for being with us.

CHRISTINA DRESS, INMATE WITH LETOURNEAU: You're welcome.

COOPER: What does Mary Kay Letourneau plan on doing?

Does she plan on seeing this man again, who's now a young man?

DRESS: I'm sure she does. He's the father to her children, I'm sure he's the love of her life, as odd as it might seem to everyone in the world. But yes, I'm sure she plans to see him as soon as he -- he has to lift the restraining order, and I think he's in the process of doing that.

COOPER: He is -- he's hired an attorney apparently.

DRESS: Yes.

COOPER: Did she talk about it in prison?

I mean, obviously it was well-known among the other inmates.

DRESS: Oh, sure. Sure. You always talked about Billy when you talked with Mary. I mean, she has a lot to talk about, among other things, but yes, she talked about Billy quite a bit.

COOPER: What would she say about him?

I mean, was she still in love with him all during the time she's been in prison?

DRESS: Most definitely. Most definitely.

COOPER: What about him? I mean, he was 12-years-old when this began.

DRESS: Yes, he was 13 when they had intimate relationship, and yes, the age think kind of was a hard one for me to swallow, Mr. Cooper, because I don't have any kids of my own, but it does seem a bit young.

COOPER: Twelve-years-old, 13-years-old, yes, you might say it seems young.

DRESS: Just seemed a little young to me. But when I would listen to her talk about him as the person that she loved and wanted to spend her time with, she talked about him in a way that you would talk about someone who was your best friend or was your partner. She had a lot of -- she had a lot of fond memories of him and a lot of good things to say.

COOPER: Again, I should point out he was a student of hers and he was 12-years-old and maybe 13 when they actually began a physical relationship, but 12 when they met as teacher and student.

DRESS: That's correct.

COOPER: How was she treated in prison?

I understand there were stories of like people spitting in her food?

DRESS: Yes, we've beat that to death. The first week or two, of her in prison, of course, there was a lot of trouble for her. I mean, the notoriety that surrounded Mary was crazy. I mean, it was just insane. We had helicopters swarming the prison, you know. But she fit in pretty well. As time went on, Mary has become even the unit representative, which is by inmate vote. So, She's Made a lot of friends, and she's fit in actually very well, and she does a lot of good stuff at the prison. So I'm pretty proud of her.

COOPER: You're proud of her?

DRESS: I am proud of her. Yes, and I think that Mary is going to -- I get so excited I can't stand it. My friend gets out of prison tomorrow and it's been a really long haul for here.

COOPER: Was there any sense of regret, remorse, anything for -- she destroyed arguably her own family's life, the life of her husband, her own children.

DRESS: Well, I think that, as far husband goes, I think that he probably destroyed that right along with her. As far as making the judgment calls she made with Vili Fualaau and putting her family through some stress, and all that, I know she regrets it. Mary made some judgment calls that I'm sure she's rethought several times over the last six and half years, and we've talked about it. But again, I have to say it's hard for me to really -- I would beat to death her and Vili a lot. When I first met Mary, we talked a lot about it, I just could never make sense of it. But the Mary I've come to know over the last six and a half years, is a good woman, and I want the best for her, and I see her and Vili making a lives for themselves.

COOPER: Well, we will see. She gets out of prison tomorrow.

Christina Dress...

DRESS: I know, that's right.

COOPER: ... thanks for being with us.

DRESS: You're welcome, sir.

COOPER: Well, the boy who was raped is now 21-years-old.

While he moves on with his life, another young man victimized as child is running from his. It's a story that gained national attention for what his mother did to her son's suspected abuser. You may remember it, it's a story that should have ended long ago. "How Quickly We Forget."

Here's CNN's Thelma Gutierrez.

(BEGIN VIDEOTAPE)

THELMA GUTIERREZ, CNN CORRESPONDENT (voice-over): Willy Nesler had a tough start as a boy. When she was six and a half, he was molested. Accused of the crime, 35-year-old Daniel Driver, a twice- convicted child molester. In 1993, just as Driver was standing trial, Nesler and a half dozen other children, Nestler's mother Ellie walked into the courtroom and shot Driver -- five times in the head.

WILLIAM NESLER, MOLESTED: It's not right to kill anybody, but it's not right to molest kids, either.

GUTIERREZ: Ellie Nesler was found guilty of manslaughter. The case sparked a national debate over vigilante justice.

UNIDENTIFIED MALE: She ought to hang for it.

CROWD: We love Ellie. We love Ellie.

GUTIERREZ: After three and a half years, Nesler was released. Her son Willy, then 16, remained at her side.

W. NESLER: I've grown up a lot over the last couple years, I've not been crazy. I've missed my mom a lot.

GUTIERREZ: The notoriety this family gained in the small town in California's gold rush country, would follow Nesler for the rest of his life.

SGT. ROGER DITTBERNER, TUOLUMNE CO. SHERIFF'S DEPT.: He's led a troubled life. He's been raised in a family who's had a lot of different problems. And he is not had what I would call a normal life.

GUTIERREZ: Willy Nesler, grew up to be quiet, withdrawn and troubled, landing in jail 18 times. Now, Nesler who's 23 is at the center of a statewide manhunt, suspected of killing David Davis, a man who lived on Nesler's property.

UNIDENTIFIED MALE: Deputies arrived on the scene and they found David Davis, who he was a victim of severe beating to the head.

GUTIERREZ: The young victim who was at the center of a courtroom killing 11-years-ago may be back in court, this time as a perpetrator, accused of murder.

Thelma Gutierrez, CNN, Los Angeles.

(END VIDEOTAPE)

COOPER: An uplifting story next. A pioneering wrestler goes for the gold in Greece. Next on 360 meet the young firebrand from Alaska who's already broken one incredible record on the road to the Olympics.

(COMMERCIAL BREAK)

COOPER: For many in America, the thought of wrestling conjures up images of steroid-stacked men in costumes attacking each other in a roped ring. It's a world ruled by men with egos larger than their massive biceps, who made Hulk Hogan and Randy "Macho Man" Savage household names. But in Olympic wrestling, the wrestling is real, and you don't need to be quite as macho. In fact, beginning this year, you don't even have to be a man.

Jason Bellini introduces us to a pioneer on the U.S. women's wrestling team, a woman who defies the stereotypes.

(BEGIN VIDEOTAPE)

JASON BELLINI, CNN CORRESPONDENT (voice-over): Tela O'Donnell is pure sweetness and might.

TELA O'DONNELL, U.S. OLYMPIC WRESTLER: When people first meet me, you're a wrestler? I think they think that wrestlers might be kind of like these brutish, kind of mannish girls.

BELLINI: Around O'Donnell's training camp, it feels more like a pajama party. On the mat, most wrestlers scowl. O'Donnell smiles. O'Donnell was born and raised in Homer, Alaska. The singer Jewel was her baby-sitter.

O'DONNELL: Jewel made me swing one time from this tree. It was really cool, and swung at her (UNINTELLIGIBLE).

BELLINI: She learned her first wrestling moves shearing sheep.

O'DONNELL: I didn't wrestle a team of sheep or anything.

BELLINI: O'Donnell's mother, Claire, moved to Alaska while she was pregnant with Tela. She gave up her career as a mime in Chicago to offer her daughter the simple life. O'DONNELL: My mom built our house. It's a log cabin, and there's -- she cut down the trees.

BELLINI: While still pregnant, Claire wore a pillow to cut down the noise of the chainsaw.

In high school, Tela got tired of playing football with the boys. She preferred to wrestle them.

During the Olympic trials, the women didn't see her coming. No one expected her to take one of the four slots on the Olympic team.

(on camera): Tela O'Donnell is considered the rookie on the team. She's never competed in a major international tournament. The Olympics will be her first.

(voice-over): No one knows what to expect when she goes up against the renowned Chinese and Russian female wrestlers. Her teammates are more concerned about her outside the ring.

SARA MCMANN, U.S. OLYMPIC WRESTLER: She has a heart of gold, and we don't want anybody else to like taint that. So if anybody is like, trying to be mean to her or anything, we're all like, we're on them like wild dogs. Don't you hurt our Tela.

O'DONNELL: I'm really emotional, but I'm happy most of the time, like often. Yeah, I'm emotional, I'm like any other girl.

BELLINI: Like any other girl, who's sweet on the outside, but drops (UNINTELLIGIBLE) and pins for the fun of it.

Jason Bellini, CNN, Colorado Springs, Colorado.

(END VIDEOTAPE)

COOPER: We wish her a lot of luck.

Time to check on some pop news in tonight's "Current."

Smarty Jones has run his last race. The three years old who nearly won the Triple Crown has the equivalent of sprained ankles, and won't compete anymore, which means he'll now spend all his time checking out the mares on the stud farm. I love that music.

All right, Pamela Anderson is making the rounds selling her first novel. Titled "Star," the book tells the story of a busty woman who seeks fame in Hollywood. What really separates the book from other new works of fiction isn't the subject matter; it's the author's centerfold layout in the middle. Not really. There isn't one, sadly.

"Catwoman" is now available as a video game, where players try to get to kick-box and battle their ways through different levels. Those who make it to the end get a free ticket to the "Catwoman" movie. Losers, on the other hand, also get a free ticket to the movie. It's not very good. And new on DVD this week is "Hidalgo," starring Viggo Mortensen, as a man who travels the country with his horse. The DVD edition features plenty of extras, including commentary by Mortensen. We anticipate him saying, "what was I thinking," over and over again.

360 next, positive thinking in the face of code orange, we take that to "The Nth Degree."

And first, today's "Buzz," you still have a few minutes to get into it. Are the sexual histories of Kobe Bryant and his accuser relevant to the case? What do you think? Log on to cnn.com/360. Cast your vote. We'll have results when we come back in just a few minutes.

(COMMERCIAL BREAK)

COOPER: Time now for the buzz. Earlier we asked you, are the sexual histories of Kobe Bryant and his accuser relevant to the case? More than 14,000 of you voted. Sixty-eight percent of you said; 32 said no. Not a scientific poll, but it is your buzz. We appreciate you voting.

Tonight, taking silver linings to "The Nth Degree."

I'm sure you know that we always try to look on the bright side here at 360, however hard that may sometimes be. And it certainly is hard, to say the least, in the current circumstances of high alert and uncertainty. But we found a silver lining, anyway, at least for one of the three cities sweating the uncertainty out.

Welcome Newark, New Jersey to the front rank of world class targets. What a huge leap in status. Congratulations, is all we can say. Talk about being on the map.

OK, it's a mixed blessing, but here you are in the company of the nation's capital, Washington, D.C., and New York, the capital of the world, in many ways. You, Newark. A nice enough place, to be sure, but hardly on the country's lips otherwise, no offense intended. Now always spoken of in the same breath as two of the Earth's most iconic places. What a promotion! The Big Apple; Washington, City of Monuments, and Newark, conveniently located off the New Jersey Turnpike. The big three, like London, Paris, Rome. But somehow we suspect that Newark won't much mind ceding these particular 15 minutes of fame.

I'm Anderson Cooper. Thanks for watching 360. Coming up next, "PAULA ZAHN NOW."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


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