[Baldwin:] Afghans, they are demanding the right to bring an accused murder to justice in their own country. But the U.S. soldier who allegedly massacred these 16 Afghan civilians, including women and children, this person is now out of Afghanistan in the facility that the Pentagon says is much better equipped to hold him. A military source tells CNN the staff sergeant is now in Kuwait.
[Unidentified Male:] The U.S. soldier must be tried in Kandahar City. Why was he taken away from Afghanistan when he murdered innocent people in this country? He is transferred to another place to be freed. Why did he murder 16 people here? For what reason did he massacre them? We want to see him punished here in Afghanistan.
[Baldwin:] The fallout from the deaths of nine children, three women, and four men continues. Afghan President Hamid Karzai told Defense Secretary Leon Panetta today that U.S. troops should leave all villages and return to their bases. We're going to talk about this in terms of this move here to Kuwait with our senior legal analyst, Jeff Toobin. But I do want to go first to the Pentagon to Chris Lawrence. And, Chris, how has the Pentagon explained this move, moving the soldier from Afghanistan to Kuwait?
[Chris Lawrence, Cnn Pentagon Correspondent:] Well, in terms of just moving the soldier to Kuwait, they say it was based on, one, the legal advice of some of the advisers to General Allen. And, two, the fact that they felt they just did not have the facilities to hold a U.S. service member for any length of time. There was already a probable cause hearing, so to speak. It wasn't a full-blown hearing. It was more like an assessment, where they found that they had reason to detain him longer. But very likely, Brooke, I mean his legal proceedings will probably last beyond his tour of duty. So at some point you knew he was going to leave Afghanistan, if not be brought back here to the United States.
[Baldwin:] And also, Chris, why is it that this particular soldier hasn't been identified yet? Why don't we know his name?
[Lawrence:] Well there's been we've been asking that same question for days now. That, you know, even for minor crimes, if you're stopped in the street and arrested, you get a booking photo. That information is put out publicly almost immediately. Why would such a heinous crime like this, why is the soldier being protected? The Pentagon has pushed back and said he's not being protected. That according to military rules, they do not release his name until charges have actually been brought against him. And that hasn't happened yet.
[Baldwin:] Any idea when that might happen?
[Lawrence:] We don't know. We know that the probable cause to detain him has a finite amount of time. It may be seven days or so. But at some point they would if they haven't charged him by then, they'd have to have another assessment to say, OK, we're legally justified to continue holding him. But yet everybody here at the Pentagon is the reporters at least are finding this very unusual that he's been moved, no charges, no name, very little information about where he's going or even under what authority is sort of handling his case right now.
[Baldwin:] Chris, do me a favor and stand by. Jeff Toobin, I want to bring you in. If you can, just react to Chris's point sort of over, I don't know, the nebulous nature of, you know, the impending charges, the fact that we haven't you know, we don't yet know a name. and also the fact that he is now in Kuwait. What does that tell you? Will he be tried in the U.S.?
[Jeffrey Toobin, Cnn Senior Legal Analyst:] A military diplomatic and legal disaster for the United States. And they are the authorities are trying to improvise some way of mitigating the damage. As for the lack of disclosure of his name, I think it clearly is not normal standard procedure as the Pentagon is implying. But they are worried that there might be some sort of retribution against his family in the United States. Obviously, when he is identified, all of us in the news media will start looking into his background, we'll be talking to his family, we'll be talking about his hometown, where he lives, who his relatives are and those people will be at risk. Now, I don't think the military can delay forever disclosing his name, but this is just one symptom of what a disaster this attack has been for all parts of the United States government.
[Baldwin:] OK, Jeff Toobin, I've got to end that conversation. I appreciate you and I appreciate you, Chris Lawrence, but I've got to go to back to this Dunwoody daycare trial. And let's just let's listen in. Again, we are awaiting this verdict. Let's listen to the judge.
[Unidentified Male:] Read it in its entirety, please. You may proceed.
[Unidentified Female:] In the superior court of Dekalb County, state of Georgia, state of Georgia versus Hemy Neuman, defendant, indictment number 11CR1364-5, verdict form, jury verdict, count one, we, the jury, find the defendant as to count one guilty beyond a reasonable doubt of mentally ill. Count two, we, the jury, find the defendant as to count two, guilty beyond a reasonable doubt.
[Unidentified Male:] All right. Would you please pass that to Deputy Moore, please? He will show it to the state's lawyer as to form.
[Baldwin:] OK, so you just heard, and it almost sounded like a fairly emotional individual who was reading those two counts. But again, this is the state of Georgia versus Hemy Neuman, who is accused of killing Rusty Schneiderman outside of this daycare in the Atlanta area. Count one, guilty beyond a reasonable doubt but mentally ill. And count two, guilty beyond a reasonable doubt, as well. We're going to talk a little bit more about what this means, what happens next. Got to get a quick break in. Be right back.