Jon Benet Ramsey Case Reopened; Military Funeral Protests
KAYE: Top stories now, rescue crews in Chile have pierced through the roof of that underground mine where 33 men are trapped. Now they need to widen the hole so a rescue capsule can fit cleanly inside the tunnel. The rescues can begin in three to four days we're told and it could take longer if they encase the tube with steel tubing to prevent a collapse. The wife of the new Nobel Peace Prize winner is believed to be on her way to visit her husband, jailed Chinese dissonant Liu Xiaobo. Liu won the prize for fighting to bring political and human rights reforms to China. He was sentenced to 11 years in prison last year for inciting subversion. Liu's wife said yesterday police officers were taking her to Liu prison, east of Beijing, so she could tell him that he had won the Nobel. All Bank of America home foreclosure sales have come to a screeching halt. The bank announced its stopping the sales in all 50 states as part of a widening investigation into flaws in the process. The announcement comes amid increasing concerns as the largest banks and other lenders have seized homes without proper documentation. Foreclosure freeze is expected to last several weeks. Are those protests at military funerals free speech or possibly an invasion of privacy? The Supreme Court is looking into it along, of course, with our legal guys, civil rights attorney and law professors, Avery Friedman, is in Cleveland and criminal defense attorney and law professor Richard Herman is in Las Vegas. Good to see both of you guys.</s>RICHARD HERMAN, CRIMINAL DEFENSE ATTY: Hi Randi.</s>AVERY FRIEDMAN, CIVIL RIGHTS ATTY: Hi, Randi, good to see you, too. Thank you, so let's start with this first case, this is the case out of Kansas where you have protests taking place at military funerals. Is this freedom of speech?</s>HERMAN: Well, Randi, it's going to be held ultimately to be freedom of speech to the dismay of the family of the soldiers who bury their heroes. This Baptist church -- and just remember, last week we talked about the Baptist minister in Georgia with his four boyfriends. Now we have a Baptist church who comes to these funerals, takes advantage of like a photo opportunity, brings signs that say "God hates the USA," "Thank God for 9/11." "Thank God for dead soldiers." What is up with the Baptist movement? Where is love and honor, respect? What is going on here?</s>KAYE: They think killing is immoral, apparently. Right, Avery?</s>FRIEDMAN: Wait a minute. This has nothing to do with Baptist in terms of faith. This is Fred Phelps. I've dealt with that guy for decades. He's in Topeka, Kansas. It comes out of Kansas. You're exactly right, Randi. This is a case testing the limits of free speech, because on your lower instinct you want to deck a guy like that for things that, in terms of making this family already suffering because of the loss of their son in Iraq. The question that the Supreme Court was wrestling with this year, and it was fascinating to watch, was will the court look at it simply as a private, unique funeral, which three of the justices looked at. But I think the majority is saying, look at, this guy no matter how repugnant his speech was standing on a sidewalk 1,000 feet away, the family didn't see it. I think a lot of people are going to be angry about this, but I think the Supreme Court will throw it out against this Baptist minister.</s>KAYE: All right, let's move on to the second case I want to talk with you guys about, the case of the Connecticut home invasion. Steven Hayes was convicted and now he is facing the death penalty. He's the first defendant to go on trial in this case. I'm sure you're familiar with it, the gruesome home invasion in Connecticut. Facing the death penalty now. His defense attorney actually had another client who he was able to get off from the death penalty, also a very brutal murder. Got sympathy from the jury because he had been on drugs, and had a terrible upbringing. Is this going to play here as well -- Richard.</s>HERMAN: Well, Randi, this case is probably the most gruesome one I've read and seen. I'm sure Avery as well. There has been one person put to death in Connecticut in the last 50 years, Randi. But, I tell you, if there was ever a case ripe for it, this one is it. The mitigation phase begins October 18 where the defense attorney will try to show this jury, the same jury that came back less than four hours after getting the case on a 17-count indictment, Randi, they will make a determination whether there are any redeeming factors to save this person's life. I say it's not doing to happen. This man is going to get put to death, Randi.</s>KAYE: What does -- go ahead, Avery.</s>FRIEDMAN: I was going to say, actually, I'm in agreement with that. What's very interesting is that the Connecticut legislature almost abolished the death penalty this year. If it weren't forth Governor Well's veto, in fact, the legislature even heard from Dr. Petit, the victim who lost his family. What we're going to see starting on the 18th will be the same scenario, opening statements, evidence, closing arguments. But Richard is right. It's going to be the same jury making the decision. This guy is facing the death penalty, no question about it.</s>HERMAN: Randi, the defense will argue he has remorse, he tempted suicide in prison. He's being tortured living with this, that he was coerced by the other defendant in the case and he was slightly intoxicated at the time of these events. These are not defense but they are mitigators. And that's what's going to control the mitigation of the phase of this case. It's not going to be enough. This attorney succeed before, the jury is not going to buy it.</s>FRIEDMAN: No way.</s>KAYE: OK, let me just ask you real quickly, because we only have a few seconds left, here. This federal judge who's saying that prosecutors cannot use a crucial witness and testimony from a crucial witness in the first trial of this Guantanamo Bay detainee. This can really have an impact on these military tribunal versus civil cases. What, this is somebody who testified that he acatuuly sold the guy the TNT which he used to blow up -- allegedly used to blow up the two embassies, U.S. Embassies. How critical is that that they won't be able to use this testimony?</s>HERMAN: Well, it's critical, Randi.</s>HERMAN: Go ahead, Avery.</s>FRIEDMAN: I think it's significant only because it is important evidence. There's enough evidence to convict him in this case, but it does highlight exactly what you just said, Randi, the question of military tribunals versus civil courts. You've got 218 quicks in federal court, four in military tribunals. I think that tells you the story.</s>KAYE: OK, Richard, the last word.</s>HERMAN: Randi, the information about this man was derived from overseas, secret jails operated by the CIA where individuals were allegedly being tortured. This judge, Kaplan, in the southern district of New York was not going to tolerate that. He precluded the government from using that witness. This was a leadoff witness, Randi, this is an important witness. They can't use him, they're claiming they can still get the conviction, but that might be just bravado. This was a critical witness and this hurts.</s>KAYE: And they say that they had given up the name of this witness through torture. All right, both of you, thank you, Avery and Richard. We'll talk to you in just a bit. We have plenty more cases to get through today. Thanks so much.</s>FRIEDMAN: We've got Dora coming up, don't we?</s>KAYE: Yeah, we do. Don't forget that one, Dora, of course, our favorite of the day. Messages from the trapped miners. One miner's wife shares what's been going through her husband's mind.