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ANDERSON COOPER 360 DEGREES

Teenager Gets 30 Years for Crime He Blamed on Zoloft; Michael Jackson Rushed to Hospital

Aired February 15, 2005 - 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 from New York. I'm Anderson Cooper.
A teenaged boy gets 30 years for a crime he blamed on his antidepressant.

360 starts now.

He said Zoloft made him kill. Today, the jury didn't buy it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We, the jury, find the defendant guilty of murder...

(END VIDEO CLIP)

COOPER: Tonight, a 360 exclusive, Christopher Pittman's sister speaks out live about the verdict, the trial, and what happens to her family now.

Michael Jackson rushed to the hospital on his way to court.

(BEGIN VIDEO CLIP)

DR. CHUCK MERRILL, MARIAN MEDICAL CENTER: He's undergoing testing and is being treated with intravenous fluids...

(END VIDEO CLIP)

COOPER: Tonight, the latest on the superstar's condition, and what impact it might have on the trial.

Targeting Osama on TV. America buys commercials in Pakistan, hoping someone will say where Osama is hiding. Is this really an effective strategy, or a sign of desperation by the U.S.?

A family's terrifying plunge. Heading home after a high school basketball game, their van swerves off a cliff. How they all survived the 400-foot drop they thought would never end.

He went off to work on 9/11, and was never seen again. What really happened to Juan La Fuente (ph)? He didn't work in the Twin Towers, but is listed as a 9/11 victim. Tonight, the latest on the mystery that still haunts a New York family. ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

COOPER: Good evening.

In the end, a jury said it wasn't Zoloft that drove a 12-year-old boy to kill his grandparents. They said it was hate. After six hours of deliberations, a South Carolina jury found this young man, Chris Pittman, now 15, guilty of two counts of murder.

The defense tried to show the antidepressant Zoloft made him insane, unable to know the difference between right and wrong, but the jurors didn't buy it. Now, a teen who should be entering high school will spend 30 years in prison.

CNN medical correspondent Elizabeth Cohen has been covering the trial.

(BEGIN VIDEOTAPE)

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT (voice-over): Chris Pittman stood with his head down as the verdict was read.

UNIDENTIFIED MALE: We, the jury, find the defendant guilty...

COHEN: The jury was out for about six hours. One juror said from the start of deliberations, most wanted to convict. They agreed with the prosecution that the child waited to shoot his grandparents in their sleep, then burned down the house as a coverup. That showed deliberate planning, the jury decided.

STEVEN PLATT, JUROR: He took the time to light the fire, to turn the light on, to hide the shotgun shells.

COHEN: The defense argument that the antidepressant drug Zoloft clouded the boy's mind and drove him to kill made little impression on the jury.

PLATT: Always seemed like the defense was grasping at straws, trying to use the, you know, the drug and the side effects as a smokescreen.

Would it actually push him to the point where he would commit murder? No, we came to the decision that it did not.

Just because you take prescription medication doesn't mean you can't be held accountable for your actions.

COHEN: The teenager's family pleaded for mercy.

DANIELLE FINCHUM, SISTER OF CHRIS PITTMAN: It's just I know for a fact that there is absolutely no possible way that my brother in his current state of mind could have done something like that.

COHEN: Chris, now 15, spoke only once during the trial, just before he was sentenced. CHRIS PITTMAN, DEFENDANT: All I can really say is that I know it's in the hands of God, and whatever He decides on, that's what it's going to be.

COHEN: It was what the law of the state demanded, no less, no more. The judge gave him the minimum.

UNIDENTIFIED MALE: (UNINTELLIGIBLE) a sentence of 30 years.

COHEN: The teenager was led away, to be put back behind bars, probably until he's past 40. His sister was left in tears.

FINCHUM: Today has been a lot worse for me than even finding out when all this happened, because I feel like I've truly lost all three of the people that I loved the most.

(END VIDEOTAPE)

COHEN: Chris Pittman committed this crime when he was 12 years old, but he was tried in adult court. The family had a press conference today, and his maternal grandmother said, "My grandson is a boy, but he was tried as a man," Anderson.

COOPER: Elizabeth Cohen, thanks very much.

Chris Pittman's father attended the trial today for the first time. After the verdict, he said, quote, "I love my son with all my heart, as I did my mom and dad." He went on to say, quote, "And Mom and Dad, if they were here today, would be begging for mercy as well."

His maternal grandmother also supports Chris. This is what she said shortly after the verdict was announced.

(BEGIN VIDEO CLIP)

DELNORA DUPREY, GRANDMOTHER OF CHRIS PITTMAN: He's not a man. He was tried as a man. He got his day in court, for now. But I believe it is very unjust to try our children as adults.

(END VIDEO CLIP)

COOPER: Well, as you saw in Elizabeth's report, Chris Pittman's sister, Danielle Finchum, testified at the trial on behalf of her brother. She said she noticed dramatic changes after he started taking Zoloft.

Danielle Finchum joins me now from Charleston.

Danielle, thanks for being with us.

We saw you, obviously, extraordinarily emotional after this verdict. How are you doing right now?

FINCHUM: I'm still in disbelief, honestly. I don't know what to think right now.

COOPER: You said today was worse than that, those terrible days right after your grandparents were killed.

FINCHUM: Yes, sir. I thought that after all this came out, and I started hearing about the medication, I thought that -- I had a glimpse of hope that I could hold onto that I'd be able to get my brother's life back. And today, when I heard the verdict, it was like all three of them being taken away from me all over again.

COOPER: Did you get a chance to visit with Chris after today's verdict?

FINCHUM: For a little bit. I got to go back in and give him a hug and tell him that I loved him.

COOPER: How did he seem to you?

FINCHUM: (UNINTELLIGIBLE)...

COOPER: How -- I'm sorry. How did he seem to you, Danielle?

FINCHUM: He just seemed like he was in disbelief. Everybody was. We thought that the defense team did a really good job. And I still believe that they did a really good job. And there's nothing that they could have done any different.

COOPER: How, I mean, how did you go through this trial every day? I mean, as you said, you know, you lost your grandparents. Your dad lost his parents. How is your family holding up?

FINCHUM: Well, right now, with the sentence, we're doing the best we can to hold up. But our main concern right now is fighting for my brother. He can't do it, so we'll be his voice.

COOPER: Today was the first day your dad attended the trial. He said after the verdict that he, you know, supported Chris, and that if his parents were still alive, they would be asking for mercy. Why didn't he attend the court proceedings during the trial? Was it just too difficult for him?

FINCHUM: No, actually, that was a decision made by the attorneys. I'm not up to par on all of that, so I can't answer that question for you.

COOPER: OK. You testified on behalf of your brother, saying that you noticed really dramatic changes in his behavior after he started taking Zoloft and blamed antidepressants for his actions. Why do you think the jury didn't see it that way?

FINCHUM: There's no possible way I can get into the minds of the jury. I think part of it was that they weren't there. They didn't know my brother. You can't take two weeks out of your life and assume that you know somebody that well. There's no way that they could have known my brother. The prosecution made my brother out to be someone completely different than he really is.

COOPER: I know after the shooting, you were very angry with your brother. And I guess it wasn't for some time that I've read that you came to believe Zoloft might have played a role in the killing. What, do you have any doubts at this point, I mean, after hearing the jury's verdict? Do you suddenly question your beliefs?

FINCHUM: Absolutely not. And I will fight till the end for my brother.

COOPER: This isn't over in, for you?

FINCHUM: No, it's not over. It's the beginning. I was hoping that by hearing a verdict (UNINTELLIGIBLE) of not guilty today, I was hoping that three years of this would be over. But it looks like it's just the beginning, and I'm going to keep fighting. I'm not going to give up.

COOPER: Danielle, I appreciate you talking to us tonight. I'm sorry for your family, and appreciate you being with us.

FINCHUM: Thank you.

COOPER: Danielle Finchum.

Pfizer, the makers of Zoloft, released the following statement today. They said, quote, "This is a tragic case, regardless of the verdict. It's clear from the two weeks of testimony that Christopher Pittman desperately needed help well before the deaths of his grandparents. Zoloft," they say, "didn't cause his problems, nor did the medication drive him to commit murder. On these two points, both Pfizer and the jury agree. When used appropriately, Zoloft has provided effective and even life-saving treatment to literally millions of patients suffering from depression."

Behind the headlines of this trial, there is, of course, very much to learn about antidepressants like Zoloft and their effect on children, and teenagers in particular.

Joining me for more, senior medical correspondent Dr. Sanjay Gupta.

Thanks for being with us, Sanjay.

SANJAY GUPTA, CNN SENIOR MEDICAL CORRESPONDENT: Sure, thanks.

COOPER: You know, it's tough for parents who are facing a kid who's depressed. Should an adolescent, a child, be given antidepressants?

GUPTA: Well, you know, I mean, I think it's the very much same situation as it is in adults. I mean, depression is a disease. It's, like, a disease that people can diagnose with certain signs and symptoms. If a child meets those signs and symptoms, then a medication may be appropriate.

There is only one medication that is approved right now by the FDA for children, that's, and that's Prozac. It's not Zoloft or Paxil or any of the other medications we've been hearing about. So in certain situations, a child might meet those criteria. COOPER: The FDA has warned or advised doctors and parents to watch out for warning signs if their kids are on some antidepressants. What should they watch for?

GUPTA: This is where it gets a little bit tricky, because, you know, first of all, someone who's depressed suddenly takes a medication, they're going to feel better in terms of their mood. But what does that mean? Does restlessness, you know, increased activity mean that they're better? Does agitation, anxiety, from someone who was previously listless mean that they're better?

Those are a little bit concerning. The real key is, does it last longer than a week or two? If these sorts of unusual symptoms last longer, does someone lose interest in things that was otherwise interesting to them? You know, favorite toys, for example, if it's a child, or favorite things for someone who's a little bit older.

If there's going to be a change in behavior, a change in some symptoms, if it lasts longer than a couple weeks, then you should be concerned.

COOPER: I, in, in, I think in this case, in a lot of the cases I read about, though, it seems like family physicians are the one prescribing these antidepressants. I mean, if you've got a 12-year- old kid who's depressed, is the family physician really the one who should be consulted on this? I mean, shouldn't they go to a psychiatrist or a therapist (UNINTELLIGIBLE)?

COHEN: Two sides of the coin on this, Anderson. This is a controversial issue in both adults and children. One side of the coin says, Listen, depression is a vastly underdiagnosed disease. If you don't empower family physicians to be able to prescribe -- to diagnose and prescribe medications, a lot of kids and adults will never get treated.

The other side sort of says what you're saying, is that you should have someone who's trained in the field of psychiatry to be able to be giving these medications. There's really advantages to both. I mean, it's really tragic that people go under or undiagnosed completely. The family physicians might play a role there, and I think that that might be a good thing.

COOPER: Of course, there's a role also for talk therapy in addition to this medication. I mean, that's what most people advise.

GUPTA: Versus medication, absolutely.

COOPER: All right. Sanjay Gupta, thanks very much.

GUPTA: Thank you.

COOPER: Appreciate it.

Larry King is going to have a lot more on this story later on at 9:00 Eastern time tonight. A medical story of an unexpected kind now involving, well, Michael Jackson. Jury selection has been delayed yet again because Jackson left his Neverland Ranch this morning, but he never made it to the courthouse. He landed in the hospital instead, and there's where he is right now.

CNN's Ted Rowlands is in Santa Maria with the latest.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Michael Jackson spent the day in a hospital instead of a courtroom, admitted with flulike symptoms. His lawyers say he came down with the illness last night and was sick on the way to the courthouse.

DR. CHUCK MERRILL, MARIAN MEDICAL CENTER: Mr. Jackson's been evaluated in our emergency department today for a flulike illness with some vomiting. He's undergoing testing and is being treated with intravenous fluids right now. He's in stable condition, and we expect a full recovery.

ROWLANDS: As news spread that Jackson was hospitalized, fans and family showed up at the medical center, located about a mile from the courthouse.

RANDY JACKSON, MICHAEL JACKSON'S BROTHER: Look at you guys. Oh, my gosh.

(CROSSTALK)

JACKSON: He's sick, he's sick.

ROWLANDS: Jackson's illness means the case against him has been put on hold again. More than 100 potential jurors were forced to sit and wait for more than an hour before the judge sent them home for the rest of the week.

MICHELLE CARUSO, "NEW YORK DAILY NEWS": Behind me in court, several jurors were muttering, and one of them said, "Six months of this?"

ROWLANDS: After talking to the doctor who examined Jackson, Judge Rodney Melville suspended the trial until next Tuesday, saying without Michael Jackson, jury selection cannot proceed.

(END VIDEOTAPE)

ROWLANDS: Randy Jackson is the only member of the Jackson family that we have seen coming to visit here. When he left, he said that his brother was in, quote, "good spirits," but he did not speculate as to how long he expects Michael Jackson to remain hospitalized, Anderson.

COOPER: I imagine there have got to be tons of media people camped out outside this hospital. Are there going to be more press conferences tonight, tomorrow? I know there was a very brief one today.

ROWLANDS: A very brief one, and the hospital has said that they do not plan on releasing any more medical information about Michael Jackson. We do assume that, on a practical matter, once Michael Jackson leaves this hospital, we'll be told, so that we can get out of the hospital area to give them their peace and quiet. But at this point, they say no more updates.

COOPER: All right, Ted Rowlands, thanks very much.

Prison sentence in one of the most notorious church sex abuse cases. That tops our look at what's happening right now cross- country.

We take you to Cambridge, Mass. Defrocked Roman Catholic priest Paul Shanley got 12 to 15 years today for raping and molesting a former parishioner who said, quoting here, "I want him to die in prison." The judge also sentenced Shanley, who's 74, to 10 years' probation after his prison term is served.

Take you to Columbus, Ohio, now, a landmark comes tumbling down. Take a look. Three tall smokestacks, part of the city's old trash- burning power plant, imploded today. Controlled blast. Gone forever.

Irwindale, California now. Dramatic video of a police chase of a stolen car on a Los Angeles freeway. Take a look at this. Car veered across all lanes, then onto the median, where the passenger jumped out while the car was still moving. The driver then jumped out. That's him there. Both were finally cornered by cops.

In New York City, now, researchers say air pollution may harm babies even before they are born if their mothers are exposed to it while pregnant. This new study from Columbia University is the first evidence that air pollution can actually cause genetic mutations in the womb. Alarming.

In Florida, a dramatic drop in shark attacks across the state last year. Only 12 compared with 30 the year before. You'll never guess why they're saying. Researchers say the unusually harsh hurricane season kept both sharks as well as people away.

That's a quick look at stories right now cross-country.

360 next, the media war against Osama bin Laden. A new campaign to corner the world's most-wanted man. TV commercials? Talk about that ahead.

Plus, the 9/11 mystery. He vanished without a trace on that terrible day. But what really happened to Juan La Fuente? The family's desperate search for answers goes on.

Also tonight, two families in a van survive a 400-foot plunge off a cliff. That's where their van ended up. They survived. Find why some are calling it a miracle on the mountain. An amazing story. You'll hear from them.

All that ahead. First, let's take a look at your picks, the most popular stories right now on CNN.com.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Osama bin Laden is just one person. He (UNINTELLIGIBLE), he, he is representative of a, of networks of people who are, who absolutely have made the, their, their cause to defeat the freedoms that we, we take, that we understand, and we will not allow him to do so.

UNIDENTIFIED MALE: Do you want bin Laden dead?

BUSH: I want him hell, I want, I want justice. And there's an old poster out West as I recall that said, Wanted, dead or alive.

(END VIDEO CLIP)

COOPER: Well, that, of course, was back on September 17, 2001. And, of course, Osama bin Laden is still on the loose.

Now, there is talk of doubling the reward on his head on $50 million. And in the country where many think he may still be hiding, Pakistan, television has been pressed into service to help find him, a series of new TV commercials.

CNN's national security correspondent David Ensor turned on the TV.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): The 30-second ads airing in Pakistan are an appeal for tips on terrorists, from Osama bin Laden on down.

(BEGIN VIDEO CLIP, TV COMMERCIAL)

ANNOUNCER (through translator): Who are these terrorists, and who can stop them? Only you. (UNINTELLIGIBLE) any perpetrator of any act of global terrorism against U.S. citizens or assets, please call 0-800-23-234. You could be entitled to a reward of up to $25 million for providing useful information in this regard.

(END VIDEO CLIP)

ENSOR: Similar ads featuring the 14 most-wanted terrorists have been appearing in Pakistani newspapers since January 7. Congressman Mark Kirk, who helped push the money through Congress for the ad campaign, and has just returned from Pakistan, says the TV and radio campaign now starting just might help find bin Laden.

REP. MARK KIRK (R), ILLINOIS: Right now, the area where we think he's hiding is rural. And the communities are largely illiterate. So news about the award program and how to come in, and how safely your family will be protected, hasn't really penetrated these communities. ENSOR: U.S. intelligence officials say they believe bin Laden is in the tribal belt along the Pakistani-Afghan border, but analyst Peter Bergen is skeptical.

PETER BERGEN, CNN TERRORISM ANALYST: The conventional wisdom that bin Laden is in the remote tribal territories between Afghanistan and Pakistan seems to me to be wrong. Every major al Qaeda figure has been caught in Pakistani cities.

ENSOR: Khalid Shaikh Mohammed, for example, was caught in Rawalpindi, Ramzi Binalshibh in Karachi.

(on camera): There may not be many in Pakistan, where Osama bin Laden had a 65 percent approval rating in one poll, who don't already know that he has a price on his head. But it can't hurt to remind them, say U.S. officials. It's worth a try.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

COOPER: Today, the State Department announced it is recalling America's ambassador to Syria. Now, that move is a reaction to Syria's ongoing involvement in neighboring Lebanon, where a bomb yesterday killed a one-time prime minister who very much wanted Syria out of his country. The U.S. stopped short of blaming Syria for the attack, however.

The topic was high on the list of reporters' questions at the White House briefing today. White House spokesperson Scott McClellan repeatedly made clear the administration's concerns. We say repeatedly because, well, as we all know, getting your message across means sticking to your talking points.

(BEGIN VIDEOTAPE)

COOPER (voice-over): Talking point number one, Syria's role is destabilizing.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: ... is a destabilizing force.

... destabilizing force...

... destabilizing force...

... that is destabilizing...

... destabilizing role...

COOPER: Talking point number two, we're concerned.

MCCLELLAN: We've expressed our concerns...

... expressed our concerns...

... expressed our concern...

... expressed our concerns...

... one of the concerns...

... addressing our concerns...

... was a concern that we've expressed...

... but our concerns are serious concerns...

COOPER: Talking point number three, listen when I talk.

MCCLELLAN: That's exactly what I said.

No, that's not what I said.

That's not what I'm saying at all.

What I said to (UNINTELLIGIBLE) earlier is exactly what we've said yesterday, exactly what we've said today.

As I said yesterday...

Looking at exactly what I said yesterday and exactly what I said today, you know...

COOPER: And talking point number four, Talk to the other guys.

MCCLELLAN: You can talk to the State Department...

... and double-check that with the Department of State...

... best directed to the Department of State...

... the State Department briefing...

... directed to the Department of State...

... the State Department...

COOPER: Staying on message is all about sticking to your talking points.

(END VIDEOTAPE)

COOPER: See? You don't have to sit through the whole White House briefing.

Tokyo gets jolted by an earthquake. That tops our look at global news in the uplink.

A 5.4 magnitude quake struck just north of the Japanese capital, shaking buildings throughout the region, knocking items off store shelves. At least four people were injured. No reports, however, of any major damage. Northeast China now, a mine rescue. Dozens of rescuers have been trying to reach miners who may have been trapped in an explosion yesterday deep in a coal shaft. Two hundred and three miners died in the blast, 203 of them. Twelve are missing. The cause is still under investigation.

Colombia and Venezuela now, massive flooding. This girl had to be pulled from her destroyed home as a (UNINTELLIGIBLE), as a week of floods and landslides caused by heavy rains left at least 86 people dead, dozens missing still. Death toll could grow much higher, since waters and mud are preventing emergency workers from reaching some buses that were just swept away by the storms.

And we keep you to London, England. That's right, it is libel. Singer Yusef Islam, formerly known as Cat Stevens, says two British newspapers will pay him substantial damages for suggesting that he supported terrorism. Papers printed the allegations after U.S. authorities deported Islam last September because his name appeared on a no-fly list.

That's a quick look at stories in the uplink tonight.

Coming up next on 360, a ride home from a basketball game turns into a 400-foot plunge off a cliff for a family. They survived. Find out what happened and how they got out of this van.

Also tonight, an investigative report turns violent. We'll take you inside the blocks, the box where, well, things got out of hand.

And a little later, redefining marriage. The wives and kids of Michael Jackson. Covering all the angles.

Stay with us.

(COMMERCIAL BREAK)

COOPER: Well, you know it's not a good sign when the driver of the vehicle you're in closes his eyes and says he's sorry. But by that time Saturday, while riding with Joe Sullivan, those people already knew they were in trouble.

The minivan they were in had slipped off an icy road in southwestern Colorado and, as you see there, ended up tumbled down a 400-foot cliff. Amazingly, all six passengers survived.

CNN's Sean Callebs brings us their story.

(BEGIN VIDEOTAPE)

SEAN CALLEBS, CNN CORRESPONDENT (voice-over): Tire tracks and thick snow leading off the edge of a mountain. A trail left by Joe Sullivan, who lost control of his van driving over the 11,000-foot Red Mountain Pass in southwestern Colorado.

JOE SULLIVAN, DRIVER: Just went around the corner and just barely started to slide. We weren't going very fast. And we just sort of (UNINTELLIGIBLE) near the edge, and there we went.

CALLEBS: Six people had squeezed into the van. They were on their way home from watching a girl's high school basketball game when it happened.

LINDA SULLIVAN, INJURED IN WRECK: I heard him say, I'm sorry, we're going over because we were only going about 10 miles an hour.

CALLEBS: Joe escaped with a nasty cut over the eye. Linda got pretty banged up and needed five staples to close a head wound. Ironically, authorities believe the waist-deep snow actually cushioned the van as it tumbled.

Skip Garcia was right behind the van, when suddenly it was just gone.

SKIP GARCIA, WITNESS: Our first thoughts when we seen the tracks going over the embankment, we were shocked. We had a deep sinking feeling that these people, there's no way they could have survived.

CALLEBS: Garcia began snapping pictures as passengers crawled out of the wreckage. Amazingly, all had survived.

GARCIA: I could see them waving their arms, and they were moving around pretty good. So I felt pretty good about that. They seemed very upbeat, seemed excited that somebody had spotted them.

CALLEBS: Cell phones don't work in the rural area, but Garcia's SUV had Onstar, so he called emergency services, who arrived within 25 minutes.

One of the survivors, Terry Holman, sent an e-mail thanking Garcia, saying, "We are so grateful that not only were you there, but you handled the situation the best way anyone possibly could have. Surviving the crash was one miracle, you were definitely the other."

Joe and Linda Sullivan say they have driven over the paths for 25 years but now have newfound respect for the mountain and their safety belts, credited with saving their lives. Sean Callebs, CNN, Denver.

(END VIDEOTAPE)

COOPER: Another dangerous ride. This one yesterday near Tampa Bay, Florida. Take a look. It seemed like a good idea. A balloon flight to celebrate love on Valentine's Day. Romantic, right? Not this time. It got a little bumpy on the way down. The couple who got engaged on this very ride had some trouble landing. The winds as you see dragged their basket along the ground, through some barbed wire, and then as you see right there into a lake. It's really not the best way to begin an engagement. Fortunately, however, no one was seriously hurt.

(BEGIN VIDEOTAPE)

(voice-over): Michael Jackson rushed to the hospital on his way to court. UNIDENTIFIED MALE: He's undergoing testing and is being treated with intravenous fluids.

Tonight the latest on the superstar's condition and what impact it might have on the trial.

He went off to work on 9/11 and was never seen again. What really happened to Juan Lufuente (ph). He didn't work in the Twin Towers but is listed as a 9/11 victim. Tonight, the latest on the mystery that still haunts a New York family.

And a TV reporter attacked on assignment.

UNIDENTIFIED MALE: He came out, ripping the phone out of my hand, putting me in a head lock...

COOPER: Tonight what led to the altercation that was all caught on tape. 360 continues.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DR. CHUCK MERRILL, MARIAN MEDICAL CENTER: Mr. Jackson has been evaluated in our emergency department today for a flu-like illness with some vomiting. He's undergoing testing and is being treated with intravenous fluids right now. He's in stable condition and we expect a full recovery. His release from the hospital will be when he is stable and well enough to go home.

(END VIDEO CLIP)

COOPER: Well, that was Michael Jackson's doctor at a California hospital late this afternoon. Jackson's molestation trial, it was put on hold again after his commute to court this morning took that detour to the hospital. Jackson is still there suffering from as he said what doctors say is something flu-like. Covering the case for us tonight, CNN's senior legal analyst Jeffrey Toobin. They're not going to release him until he's stable they say. Do you buy this? What's going on? Is this strategy or is this real?

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: This doesn't sound like the world's most serious illness. It's not even the flu. It's just flu-like.

COOPER: With some vomiting.

TOOBIN: Now most normal people, if you have flu-like symptoms you stay home, you sit in bed with the remote control in your hand and that's it. Think about what's going on in this trial so far. We have had two weeks of delays. First his lawyer has a death in the family. Now he has an illness. Look who's calling the shots in this case. This is really, you know, a classic diva-like behavior on the part of the diva in the case. And maybe this is all a coincidence, but it just shows, when you have a high profile defendant, things happen and the defense takes control of the trial. COOPER: Back in 2002, Michael Jackson was involved in a breach of contract suit, and apparently got bitten by a spider and showed up to court in crutches. Drama is not anything new.

TOOBIN: And look at the witness list with this sort of preposterous list of celebrities who don't have any easily identifiable connection to the client.

COOPER: Right. Kobe Bryant, Larry King is on there, Elizabeth Taylor...

TOOBIN: You and I however were sadly omitted...

COOPER: Hey, give it a couple more days.

TOOBIN: Right. It just shows that when the defense is running things and controlling the courtroom, that's good for the defense. Prosecutors like an orderly, slightly boring courtroom. And this has been anything but that so far.

COOPER: But others have said that the judge has been moving things along rather quickly and trying to not be -- people have said not like Lance Ito was during the O.J. Simpson trial.

TOOBIN: Maybe he's been trying, but he's not succeeding so far and he's been fair. I mean, if Tom Mesereau's sister -- I mean, Tom Mesereau's sister obviously died, he was sympathetic off and gave them a week off.

COOPER: And the doctor did call the judge, I guess, to confirm...

TOOBIN: Right that he has flu-like syndrome -- symptoms. If this were in Virginia, jury selection would be over by now. I don't care who is sick or who's relative died. It's just a difference in the system. The California legal system is the slowest in the country.

COOPER: It makes that much difference? I mean, that (UNINTELLIGIBLE). You really think it would already be over, the selection?

TOOBIN: Iron clad guarantee. You remember the sniper trials? The sniper trials were over in inside of a month and those were complicated trials. It's just a culture of delay that exists in California that is like nothing else in the country.

COOPER: We've seen this picture of Michael Jackson every day coming into the court room. Does any of this have -- of course it has an effect on potential jurors but you know if they're sitting around for an hour today waiting for him and then now have to come back on Monday or Tuesday of next week, it's irritating.

TOOBIN: Yes, it's potentially irritating. This trial is going to go on for months. I doubt when we're sitting here and the jury's out we're going to be talking about, well, do you think the week-long delay because of his illness had any impact on the jury. I think it probably won't have that kind of impact but I think it's more of a strategic matter of who's running the show. And in that respect, you have the star deciding whether court goes forward or not because of his flu-like symptoms. That's I think something to keep an eye on as this develops.

COOPER: It's all about strategery (ph).

(CROSSTALK)

COOPER: If yesterday's prospective witness list is any hint, we're bound to hear about the Michael Jackson during this trial including perhaps what kind of women would want to be his wife. The two he's had couldn't be more different. One a nurse, the other as CNN's Rusty Dornin reports, the daughter of one of the few singers who's been bigger than Michael Jackson himself.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): You might call it the "Twilight Zone" version of a marriage made in rock and roll heaven. In 1994 the daughter of Elvis Presley marries the king of pop, Michael Jackson and Lisa Marie Presley.

TOURE, "ROLLING STONE": It was quite obvious to all of us from the beginning it was a sham, that it was a publicity stunt, and it was kind of disgusting and silly.

DORNIN: Perhaps, but they're onstage during the MTV Awards. Was this kiss just a kiss or a desperate attempt to convince the world the marriage was real. The wedding came less than a year after Jackson was accused of child molestation. All amid whispers of that $20 million settlement with the boy's family. No charges were ever filed.

But Jackson biographer Randy Taraborrelli claims Jackson and Presley were secretly dating before any hint of scandal.

RANDY TARABORRELLI, JACKSON BIOGRAPHER: During the allegations Lisa Marie was a part of his team and a part of his support system. She was always there for him.

DORNIN: Then two years later came divorce. Taraborrelli believes Presley worried that if she had children with Jackson and the marriage ended, there would be a custody battle.

TARABORRELLI: She did not want to go up against Michael Jackson for that child. So, she -- she made up her mind not to have his child, and then that pretty much ended the relationship, because Jackson really, really wanted children.

DORNIN: Debbie Row, a nurse with Jackson's dermatologist wanted to grant him that wish.

TARABORRELLI: Those in his camp know her from many, many years ago, 20 years ago even. She thought he should be a father. She believed he should be a parent. DORNIN: Row and Jackson married and she gave birth to a son Prince and daughter Paris. In 1999 the couple divorced. Jackson was granted full custody. The children were only seen in public veiled and often masked. The word was Jackson was paranoid about their security. His former advisor, Rabbi Shmuley Boteach, says it was more about Jackson's insecurities.

RABBI SHMULEY BOTEACH, FORMER ADIVSOR: He was always concerned that the paparazzi would speculate as to their paternity. And he found that very insulting, and I agree with him.

TARABORRELLI: Then came the birth of Prince Michael II, mother unknown. The son Jackson dangled from a Berlin hotel window in 2002, outraging many of his staunchest fans. Now Debbie Rowe is fighting for custody of her two children. She has been subpoenas by prosecutors to testify in the upcoming molestation case. If Jackson is convicted and jailed, she could get her wish.

DORNIN: Rusty Dornin, CNN, San Francisco.

(END VIDEOTAPE)

COOPER: Coming up next on 360, a 9/11 mystery, a husband and father vanished, presumed killed at ground zero, but his family wonders why he would even be there. They talk about their heartache ahead.

Plus, a reporter attacked. It was all caught on camera. Find out what led to a head lock and punches being thrown.

And a little later, drooling for a win, and we do mean drooling. The question is, did it happen for this big dog, at the Westminster county club dog show. We'll find out.

(COMMERCIAL BREAK)

COOPER: A 9/11 mystery. A man disappears without a trace. Was he killed in the World Trade Center. We'll find out, 360 next.

(COMMERCIAL BREAK)

COOPER: This is the story of Juan Lafuente, a man who shares something with all thousands of victims at the collapse of the World Trade Center, he too did not come home on that night of 9/11 nor did he come home since. He didn't work at the World Trade Center, however, and his family still hopes for word of exactly what happened to him on that day. Gary Tuchman, takes us tonight, behind the headlines.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): Colette Lafuente is a politician.

COLETTE LAFUENTE, WIFE OF VICTIM: Is Suzy (ph) in today?

UNIDENTIFIED FEMALE: Yes, she is.

CO. LAFUENTE: All right, because I want to ask her a question.

TUCHMAN: County clerk of Duchess County, New York. Before that mayor of the city of Poughkeepsie, the job she held on 9/11, a day her husband Juan took the train to his New York City job.

CO. LAFUENTE: I wasn't worried for Juan. No, I wasn't.

TUCHMAN: Because Juan worked almost half a mile from the twin towers. But after night fell...

CO. LAFUENTE: I went down to the train station again, and he didn't come home. And then he didn't come home.

TUCHMAN: It was the beginning of a nightmarish mystery. What happened to the husband of Poughkeepsie's mayor?

CO. LAFUENTE: I thought, was he stunned by something? You know, was he disoriented from what had happened?

TUCHMAN: One of the couple's four daughters was away at college.

CATHERINE LAFUENTE, DAUGHTER OF VICTIM: I began to notice anything was wrong. I didn't know what, other than something was desperately wrong. And I needed to get from campus to my house.

TUCHMAN: The Lafuente's call local hospitals, nothing. They put up pictures all over New York, nothing. The fear became excruciating.

(on camera): What were you going to say?

CO. LAFUENTE: I -- I -- I find it difficult to talk about this.

TUCHMAN: Almost three and a half years later, there is still no way to know for sure, if Juan Lafuente was in the World Trade center that day. No remains have been recovered. Nobody says they saw him go into the building.

UNIDENTIFIED MALE: Juan Mendez (ph) Lafuente.

TUCHMAN: But Juan Mendez Lafuente is officially considered one of the 2,749 victims of the World Trade Center attack. The Lafuente's were told by friend, that Juan had been talking about going to breakfast at the Trade Center that day.

CO. LAFUENTE: There's kind of this crazy hope may out there, but then it also on the other side, was the more rational thing to believe. This very public woman has kept this painful situation very private.

TUCHMAN: But now Collette Lafuente has joined a group called 9/11 Families for Secure America, which calls for stricter border control and enforcement.

CO. LAFUENTE: It is something that I very much want to do. It is really the one thing that I do that I see as for Juan.

TUCHMAN (on camera): What would it mean to you if any of his remains were found?

CO. LAFUENTE: It would mean he'd finally come home.

TUCHMAN (voice-over): Gary Tuchman, Poughkeepsie, New York.

(END VIDEOTAPE)

COOPER: Coming up next on 360, a reporter comes under attack. We'll take you "Inside the Box" to find out why.

Plus, the new wrinkle at the Westminster Kennel Dog Show. Did this guy win or not.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hey, hey!

(END VIDEO CLIP)

COOPER: Well, reporting for your neighborhood TV station has its share of boring moments -- ribbon cuttings, state fair, that sort of thing, but it was anything but that for one local reporter in Louisville, Kentucky recently. He was investigating a company for fraud. Apparently, one company employee wasn't in the mood for an interview. And that's when things got ugly "Inside the Box."

(BEGIN VIDEOTAPE)

COOPER (voice-over): For WAVE reporter Eric Flack, the day probably started out pretty much like any other. He was working on an investigative report into a Louisville company.

UNIDENTIFIED MALE: Hey, hey!

COOPER: The company, called PC Pro, or Louisville Pro, calls itself a multi-level marketing firm.

Flack says he has evidence it's really a pyramid scheme.

And that's apparently not the news company president, Eli Ohayan, wanted to hear.

ERIC FLACK, WAVE REPORTER: Two of his coworkers started to block off our photographer. And at that point, the executive director, Eli Ohayan, came after me. He took his one hand and choked me with it, slammed me up against the wall. With his other hand, he punched me twice to the chin.

COOPER: When Flack tried to call 911, he says Ohayan put him in a chokehold and had to be restrained by his co-workers. The police were eventually called, but by then, Ohayan had vanished. FLACK: I was totally unprepared and not expecting this sort of situation to develop. I certainly knew he wouldn't be happy to see me in any way, shape or form, but never do you expect to be attacked in this way, completely, in my opinion, unprovoked.

UNIDENTIFIED MALE: Look at this! Come on...

COOPER: Think of this as not only a nasty attack against a member of the fourth estate, but maybe a life lesson. If you don't want to be on TV, don't punch out a reporter, because they're sure to play the video over and over "Inside the Box."

(END VIDEOTAPE)

COOPER: CNN has confirmed that Eli Ohayan faces charges of fourth degree assault, third degree criminal mischief, both class B misdemeanors. The confrontation you just saw occurred late yesterday. CNN has conducted no independent investigation into the allegations against Louisville Pro. And in fact, the company has just released a statement on its Web site. It says, quote: "We wish to issue the statement to express our complete intolerance of violent acts by any means. As always, we expect all of our distributors to conduct themselves with restraint, and to comply with federal, state and local laws at all times, as with the PC Pro policies and procedures. We would like to assure our customers and distributors that we shall continue normal business operations. We are aware of the unjustified and sensationalist attempts to disparage our name, and are prepared to take any and all legal action necessary to protect our common interests."

All right. Let's find out quickly what's coming on in a few minutes on "PAULA ZAHN NOW" -- Paula.

PAULA ZAHN, HOST, PAULA ZAHN NOW: Hi, Anderson. We're going to find out more about Chris Pittman, you talked about him earlier at the top of the hour, the 15-year-old convicted in the so-called Zoloft murder case. I'm going to be talking with his aunt. She testified on his behalf, even though he killed her parents. At one point, she hated him for what he did, but all that's changed. We'll find out why. We're also going to look at so many high-profile cases in the news lately, juries also in the spotlight. We're going to see how juries or how these consultants are helping lawyers pick jurors. It's a big business, and if you want to win a case, I guess it's all but necessary these days, Anderson.

COOPER: All right, Paula Zahn, thanks very much. That's in about six minutes from now. Thanks, Paula.

360 next: A new breed struts its stuff. The Westminster Kennel Dog Show. We showed you this dog yesterday; we think it's very cute. The question is, was it a winner today? We'll tell you next.

(COMMERCIAL BREAK)

COOPER: Tonight, taking the agony of defeat to "The Nth Degree." This is an update, actually. Yesterday, you may remember, Jeanne Moos introduced us to this remarkable fellow, a Neapolitan mastiff named Sirius, in town to compete at the Westminster Kennel Club Dog Show, which is admitting his breed for the first time ever this year.

Sirius looked to us like a winner. He had that hungry look in his eyes. He was all but drooling for the win. What are we saying, all but drooling? He was drooling.

Later on, however, with only three dogs competing, our mastiff pal Sirius came in dead last. He was beaten out by his own half- brother, a dog named Ironstone Mafioso, who placed first, best of breed. And also, in the best of opposite sex category, by a sprightly little lass, named of Elena Delgano (ph).

Sirius got the award of merit -- third place. As we say, in a field of three. It's pretty much like Mr. Congeniality.

Sirius himself seems to have taken his stunning loss very well indeed, but then, unlike some of the rest of us, he must not have put his money where his mouth is. Or maybe he did. Hard to tell what is in there.

Well, congratulations to them all. I'm Anderson Cooper. Thanks for watching 360 tonight. Coming up next, "PAULA ZAHN NOW." Paula.

ZAHN: You wonder what it must be like for Sirius, with his jowls traveling about a half-block behind the rest of his body. It's a lot of work upfront there.

Thanks, Anderson.

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