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Celebrity Mistakes; Imus to Sue CBS; Debate Rhetoric

Aired May 4, 2007 - 22:00   ET


ANDERSON COOPER, CNN ANCHOR: Thanks, Bill. And congratulations, Larry. An incredible milestone.
Good evening, again, everyone. Tonight, new details about the case that Don Imus plans to make in his lawsuit against CBS, details that some experts believe could win him a whole lot more than the $40 million he gave up when CBS fired him. We'll talk to his attorney in a moment.

Also ahead tonight, David Hasselhoff drunk, Alec Baldwin going ballistic, celebrities fighting their demons and bitter divorces in the age of "Extra" and YouTube.

Plus, three presidential candidates saying no to evolution, one saying yes to firing people for being gay. It happened at the Republican debate last night, but this morning, some of them want to take it back. We'll tell you who and why in "Raw Politics" tonight.

But first, the allegation that is stunning, if true, that not only did CBS encourage Don Imus in writing to say outrageous things, it also allowed him to air the actual words that later got him fired. That allegation could be central to a lawsuit that Imus is expected to file next week. If jurors buy it, CBS might be on the hook for an eye-popping $120 million. That's what they want.

Imus' attorney joins us in a moment, after CNN's Randi Kaye brings us up to speed on the latest.


RANDI KAYE, CNN CORRESPONDENT (voice-over): Don Imus admits he did a bad thing.

DON IMUS, RADIO HOST: I'm not a bad person. I'm a good person, but I said a bad thing.

KAYE: Keeping them honest, we wanted to know, did his former employer, CBS, do a bad thing, too, like knowingly look the other way during Imus' racially charged tirade against the Rutgers women's basketball team and not use the five-second delay at its disposal? Pushing that button could have silenced the offending remarks before they made their way across the airwaves.

Imus' lawyer provided 360 this outline of the soon-to-be-filed lawsuit, seeking $120 million in lost salary and damages from CBS Radio. It charges the network had full control of a censor button. Could this whole mess have been avoided? Imus' attorney, Martin Garbus, on "Good Morning America."

MARTIN GARBUS, IMUS ATTORNEY: You can always cut out bad language, so that CBS, at any time, had it objected, could have used the delay button.

KAYE: Just like CBS did successfully when MSNBC's Chris Matthews said something he shouldn't have on Imus' show.

CHRIS MATTHEWS, MSNBC HOST: I want a guy to run for president that doesn't have a (bleep) -- I'm sorry, a ranch. Wouldn't that be good?

IMUS: Did you beep that?

MATTHEWS: Giuliani was answering questions...

IMUS: Hang on a minute. Did you get that, Lou?

UNIDENTIFIED MALE: Yes, Bernard got it.

IMUS: What were you swearing for?

KAYE: We tried to ask CBS why the delay wasn't used during the Rutgers rant. The network did not return our calls. The early version of the lawsuit suggests CBS actually encouraged Imus to behave badly, even desired it. It points to Imus' contract, which reads, "Services to be rendered are of a unique, extraordinary, irreverent, intellectual, topical, controversial and personal character. These components are desired by and are consistent with company rules and policies."

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: How is CBS going to argue that what he said was so controversial and so offensive that it isn't what they asked for in the contract?

KAYE: And this outline of the suit claims Imus was never warned before he was fired, as the contract requires. Not this time, not ever, not even after he referred to PBS anchor Gwen Ifill, who was black and at the time was reporting for the "New York Times," as a cleaning woman.

CBS released this statement: "We terminated Imus for cause. Based on the comments in question and relevant contract terms, we believe the termination was appropriate."

CBS might be right. Appropriate? Yes. Avoidable? Maybe.

Randi Kaye, CNN, New York.


COOPER: We'll talk with legal analyst Jeffrey Toobin in a moment. But, first, Don Imus' attorney, Martin Garbus, joins me.

Thanks very much for staying up with us, Martin. CBS claimed that it fired Imus because he violated the just cause portion of the contract. I want to read part of it to our viewers, which says that Imus could be terminated, if, and I quote, "any on-air use by artists of any distasteful or offensive words or phrases, the broadcast of which the company believes would not be in the public interest." It also states that any act by the artist which offends the community or brings outrage or offends the community or brings the company into public disrepute is also just cause.

So why are you saying they don't have cause?

GARBUS: Well, the contract says something else. You've picked out two sentences. The rest of the contract says that the company, CBS, is familiar with the reviews and comments that Imus has gotten, both favorable and unfavorable, that it wants him to be extraordinary, irreverent, intellectual, topical, controversial, and deal with personal character, and that they know the kind of show that he's done in the past, and they want him to continue the kind of show that he's done in the future.

So that what you have here, those little clauses, try and just muddy up the water. CBS has said two things today. First, they have tried to bring up those other clauses. And, secondly, what they said today is they didn't have a delayed button or a bump button on the Imus show.

COOPER: Well, MSNBC has said that they didn't have a delay button. I don't think CBS has said anything about that, to my knowledge.

GARBUS: No, CBS today said that they didn't have a delay button. Now, the fact is, as your reporter just pointed out, they had a delay button. They used the delay button with respect to Chris Matthews, and they could have used the delay button also with respect to Imus, both on MSNBC and on CBS.

So what happened was, CBS heard the remarks, knew it was OK, because he's been saying that before, didn't say anything to him in day one, day two, day three, day four. Then, controversy starts. They fire him, ultimately, 15 days later. Now, the contract says he has to be fired within five days, and the reason for that is CBS knew that what he said did not breach the contract.

COOPER: And are you -- if this ever did go to court, would you basically go back to old Imus episodes and show times that he said similar words or those exact same words?

GARBUS: Of course. Their contract says they know what he does. They want him to do it. Listen, Imus is a unique talent. He had an extraordinarily broad demographic. He spoke to President Clinton. He spoke to Bush. He spoke to McCain. He spoke to Kerry.

He also had another demographic, which got him a very wide audience that paid attention to other issues. In that, he really was unique, with respect to the depth of the audience that would tune in, with the depth of the audience that would buy products. And that's why he's such a substantial portion of CBS's income. COOPER: You've also said that Imus was supposed to have been given a warning before being fired and, because he wasn't given a warning, again, this was an inappropriate firing. The "Washington Post" has reported -- and I want to try to get your comment on it -- they're reporting that CBS gave Imus and other talent a memo last fall entitled, "Words Hurt and Harm: Warning Against the Use of Racial and Ethnic Stereotypes."

To your knowledge, is that true?

GARBUS: CBS gave that out. It never once used it. If you tune CBS radio on today, any one of their 140 stations, you'll see it violated every single minute. That's something that CBS uses to protect itself when they say, "Oh, well, we didn't know he was doing this." They never once applied that rule against anybody.

COOPER: But is that really relevant? Isn't it the fact that they gave it out -- couldn't they argue that was a warning?

GARBUS: No. It was obvious that it was something to protect them in case something happened. They have to give him, under the contract, a written notice of any specific thing that he says wrong. They admit they never gave him a written notice. And then, once they give him the written notice, he has an opportunity to clear it up.

That memorandum, which went out sometime in the middle of last year, was a dead letter. It was solely to protect CBS in a case like this. I think a jury is going to pound CBS, both -- go ahead. Excuse me.

COOPER: $120 million, the contract was for $40 million. How do you get $120 million? That's...

GARBUS: The contract is for $40 million, plus any indirect damages that he suffers, plus legal fees. The indirect damages are very substantial. He has certain other businesses, the income of which he gives to charities. That's a very substantial amount of money.

So, in other words, all of these businesses that he has -- he has a ranch, he has food products -- what he has been doing over the years is taking the monies, 100 percent of the monies from those businesses, and giving them to these particular charities. Without those monies, those charities are extraordinarily hampered. That's where you get the other $80 million.

COOPER: You've indicated publicly you're looking for some sort of settlement or would be willing to entertain some sort of settlement. Have you actually made overtures privately to CBS or is this sort of being handled in the public forum at this point?

GARBUS: No, we're waiting to hear from CBS.

COOPER: So you have not contacted Les Moonves and said, "Look, let's have lunch"? GARBUS: They know where we are. They know we're here. They know they did something wrong. They know, if they go through the case, they're going to be severely embarrassed. They know my phone number. They know Don Imus' phone number.

COOPER: Then we won't need to put it on the screen. Martin Garbus, appreciate you coming on the program. Thanks very much.

GARBUS: Thank you.

COOPER: More perspective now from CNN's senior legal analyst, Jeffrey Toobin. What do you make of it?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: I think he's got a strong case. I think Imus has a good case. I mean, the $120 million is silly. He's not going to get that money. But for the $40 million of the contract, I mean, I think that is a really fairly good case, because of that very peculiar section, which Randi Kaye read in her piece, which is, that says he's supposed to be controversial, he's supposed to be irreverent. That's what he was, and that's why he was fired.

COOPER: It does seem a little contradictory. I mean, on the one hand, they say they want him to be -- they desire him to be controversial and irreverent, and yet, right here in the contract, it says, you know, anything that brings scandal or ridicule or provokes insults or offends the community or any group or class thereof or which reflects unfavorably upon station company, that's just cause.

TOOBIN: Right, in fact, in that -- we have here the termination letter, and that's the clause they invoke in firing him. You know, it's an interesting lesson in contract law. It is true that contracts are sometimes internally contradictory.

COOPER: And do you think that was the result of some negotiation while they were doing this contract? They said, "Look, you have to put this language in, but you can also say this other thing about offending the community?"

TOOBIN: Right, the offending the community is basically boiler plate. That is something that is probably in everybody's contract at CBS. The unique part of his contract is the controversial irreverent statement. And judges generally look to the language that is unique to one person rather than the boilerplate, although it is true that CBS is on slightly stronger ground with the provision that you're talking about, the public adverse reaction.

COOPER: It does not, however, seem to be any kind of FCC violation. And, therefore, CBS is on a little bit weaker ground, because in another part of the contract, it basically says that, if they do anything that would -- that's not in the public interest or may jeopardize company's federal license to operate the station -- and it certainly doesn't seem to have done that.

TOOBIN: It hasn't. There's no FCC investigation. The FCC is very literal in its interpretation of its own rules. There's certain words you can't say. There's certain body parts you can't show. You know, the Janet Jackson situation at the Super Bowl, that's an FCC matter. There's no FCC investigation here.

COOPER: It's interesting, though. The other night, you said you would be surprised if they actually get $40 million. They'd probably settle for lower. But now, with the $120 million figure out there, does $40 million seem more reasonable?

TOOBIN: No, I don't think they're going to get $40 million. I think that -- the extra $80 million, with all respect to Marty Garbus -- is just sort of, you know, for drama. And nobody thinks you can get all $40 million. But certainly he seems like he's going to get a good chunk of that. And, you know, he can wait -- the question is, who's going to wait out whom in the settlement negotiations? But these things almost never go to trial.

COOPER: Not going to go to trial?

TOOBIN: I would be shocked.

COOPER: Interesting. Jeffrey Toobin, thanks very much. We'll be following this.

Straight ahead, what some presidential candidates said last night about evolution and what one of them is saying now. Details in "Raw Politics."

Also tonight, federal repercussions from the use of police force at an immigration rally in Los Angeles. Was it justified?


COOPER (voice-over): They're supposed to bring calm, and they ended up causing chaos. Rubber bullets, beatings, but nobody arrested? The LAPD, now the FBI is keeping them honest, and so are we.

Also, the pictures are ugly, the sounds even worse.


ALEC BALDWIN, ACTOR: You are a rude, thoughtless, little pig.

COOPER: Alec Baldwin on the phone and David Hasselhoff shown on "Extra," caught in custody battles, caught on tape. New developments tonight on both, when 360 continues.


COOPER: A look at images we first brought to you on Monday. Los Angeles police in riot gear, firing more than 200 rubber bullets to break up an immigration protest. More than 240, actually.

Today, Cardinal Roger Mahoney of the Catholic Archdiocese of Los Angeles, who was at the rally, urged public authorities to grant witnesses full immigration immunity so they can report what they saw without fear of deportation. Four investigations are under way, including one by the FBI.

CNN's Dan Simon reports.


DAN SIMON, CNN CORRESPONDENT (voice-over): The FBI will be asked to decide what exactly happened here on these chaotic streets near downtown Los Angeles. It is now investigating how a peaceful immigration rally came to this.

If the police department's goal was to bring calm, these images show the officers failed and, in fact, only made matters worse. Bystanders, seemingly innocent, are seen getting shoved and shot by rubber bullets.

Images captured by CNN show the trouble begins when a small group of protestors takes over a street corner and seems intent on provoking police. Some of the agitators have upside-down American flags and bandanas covering their faces. They taunt the officers by yelling obscenities. Some of them take it even further, by throwing objects, including sticks and plastic bottles.

The cops have had enough and begin using what appears to be indiscriminate force. Several journalists here to cover the event unwillingly become part of it.

PATTY BALISS, CAMERAWOMAN: They wanted people to leave, but they weren't letting anybody leave. And there was no way to get out.

SIMON: Patty Baliss, a camerawoman for the local FOX station, is seen on the ground, after she says she was beaten by an officer's nightstick. Baliss was on the other side of the camera today, announcing she's filed a claim against the city. She says she suffered a fractured wrist and bruises on her breast.

BALISS: I don't think they wanted us to show what they were doing.

SIMON: Los Angeles Police Chief William Bratton says he's troubled by the officers' tactics.

CHIEF WILLIAM BRATTON, LOS ANGELES POLICE: ... 240 rounds with no arrests as part of that action is of great concern to me, great, great concern.

SIMON: Bratton requested the FBI's involvement, and the bureau confirms it will look into whether officers violated civil rights.

And there's more fallout. Los Angeles Mayor Antonio Villaraigosa cut short a trade mission to Mexico to deal with the escalating situation. The question he and everyone else wants answered is: Who gave the authorization to use such force? And why?

Dan Simon, CNN, Los Angeles.

(END VIDEOTAPE) COOPER: And no answer to that question yet.

Up next, "Raw Politics," and a couple of Republican presidential candidates who are singing a different tune than they did at last night's debate. We'll tell you why.

Plus, talk about a simple life. Is Paris Hilton headed to jail for real? Yep.

Also ahead, caught in the crossfire. Up close and personal with gorillas in danger, next on 360.


COOPER: Twenty million, that is how many chickens the federal government now says may have eaten feed containing melamine. Melamine in pet food, you'll remember, sickened and killed dogs and cats across the country. The actual number, still really unknown. As for the risk to people from poultry, an FDA official calls the danger "extremely low." More information is due out early next week. We'll bring it to you as we get it.

Politics now, and potentially crime. A Louisiana college student is being held on a $1 million bond for allegedly plotting to harm Senator Hillary Clinton. Police at Louisiana State University say Richard Wargo told a fellow student about his plan, and a student turned him in. Senator Clinton is scheduled to speak this weekend in Baton Rouge.

And Senator Barack Obama spent his first full day with his new Secret Service detail. Authorities are reportedly worried about racially motivated attacks on the candidate.

Meantime, on the Republican side, some candidates are already trying to take back some of the things they said at last night's debate. CNN's Candy Crowley has the "Raw Politics."

CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT: Anderson, "Raw Politics" tonight begins with a single word: Oopsie.

Former Wisconsin Governor Tommy Thompson, a presidential candidate, wants a redo on last night's answer to the question, should businesses be allowed to fire gays for being gay? Thompson said yes. He meant no, so he told CNN, explaining he didn't really hear the question right. Will it hurt? You never really want to be explaining your answers the day after a debate.

Former Arkansas Governor and minister Mike Huckabee also had some 'splaining on his mind. He said last night he doesn't believe in evolution, but Huckabee complained to reporters he didn't get a chance to add he thinks it's OK for schools to teach Darwinism as a theory. He doesn't expect them to teach creationism. The main thing, Huckabee said, is I'm not sure what in the world that has to do with being president of the United States.

Fred "I'm not running but it looks like I am" Thompson is not running again tonight, giving a speech to a Republican club in Orange County, California, AKA Republicanville. When he's not so busy not running, Thompson is blogging away on several sites and working on "The Fred Thompson Report," a series of commentaries that also appear on the Web. Buzz, buzz, buzz.

Mitt Romney, a Mormon, goes searching for the evangelical vote this weekend. He's heading down to pay what now appears to be the obligatory visit to Reverend Pat Robertson's Regent University. If Romney reads up on Robertson's Christian Broadcasting Network Web site, he'll see a paragraph or two on Mormonism, under the heading, "How do I recognize a cult?"

Your attention please. The White House would like to issue a correction. The president did not, when talking about the fight over Iraq war spending, refer to himself as the "commander guy."

DANA PERINO, DEPUTY WHITE HOUSE PRESS SECRETARY: What I recalled was that he said, "I'm a commander guy," meaning that he's one of the people that listens to the commanders on the ground.

CROWLEY: So now you know, Anderson, and that is "Raw Politics."

COOPER: A lot of backtracking on word choice. Don't miss "Raw Politics" and the day's headlines with the new 360 daily podcast. You can watch it on your computer at, or get it from the iTunes store, where it's one of the top downloads.

Now, another story from our ongoing series of reports about our planet in peril. Last night, you may remember I spoke with Jane Goodall about her work with chimpanzees. And we also talked about gorillas in the Democratic Republic of the Congo. We recently went to the Congo to get a first-hand look at these animals caught in the middle of a brutal civil war and other factors.

It is an amazing species, truly on the brink. Take a look.


COOPER (voice-over): A baby gorilla stolen from her mother, a young victim of the chaos here in the Congo. She's just five or six months old, one of four young lowland, or graueri, gorillas, who found a temporary refuge behind the guarded walls of the Dian Fossey Gorilla Fund Headquarters in Goma.

Like the other gorillas here, she was brutally taken from her family to be sold on the black market. Now, none of these gorillas can survive in the wild on their own.

(on screen): So someone, soldiers or whomever, would just go in, grab them from their families, and try them -- and then hope to sell them?

ALECIA LILLY, DIAN FOSSEY GORILLA FUND: Exactly, but the worst thing is they had to kill significant numbers of their family members to get them. They're like human children that are suffering for more and have seen family members killed. COOPER (voice-over): Lilly is a primate psychologist, who hopes one day to reintroduce these gorillas into the wild.

LILLY: We work with them to encourage them to bond with their caregivers, because gorillas are like babies. They're like human babies. They have to have a close bond with a caregiver when they don't have a parent, or they don't survive.

COOPER: After several months here, these gorillas have improved dramatically. They're once again playful and naturally curious, as interested in us as we are of them.

LILLY: You have a gorilla behind you.

COOPER (on screen): I can feel the gorilla behind me. Any advice on...

LILLY: Just ignore her.

COOPER: Ignore her, really?

LILLY: Just ignore her.

COOPER: This is a gorilla named Edeberry (ph). She's three and a half. She was rescued from poachers about a year ago. They stole her from her family and hoped to sell her on the black market. She's now smelling my armpit.

It's not known how many lowland gorillas still live in the Democratic Republic of the Congo. Estimates range from 7,000 to 15,000, but their population has dropped 25 percent in recent years.

LILLY: And so there's hunting in the forest. People are going in to bring in food for the mining camps.

COOPER: So the more mining there is, the greater the threat to the gorillas?

LILLY: Exactly.

COOPER (voice-over): It's believed a gorilla like this one might fetch from $50,000 to $100,000 on the black market, sold to buyers in Asia or Eastern Europe.

LILLY: Someone, in fact, came here trying to sell us a baby gorilla, because...

COOPER (on screen): They tried to sell a baby gorilla to you?

LILLY: Yes, yes, Dian Fossey's Gorilla Fund International, because they saw our logo with the gorilla on the gate, and they thought, "Oh, they must like gorillas." So we called the wildlife authorities and set up a sting, pretending we were going to buy the gorillas.

COOPER (voice-over): It was a small victory in a war these gorillas are not yet winning, innocent victims of a conflict they simply know nothing about.


COOPER: An endangered animal.

Coming up, the shot heard 'round Paris Hilton's cozy little world. She's going to jail, the real deal.

Also tonight, a prisoner who's fighting literally to get his life back.


COOPER (voice-over): Convicted of a murder that witnesses say he couldn't have possibly committed, condemned to rot in a Nicaragua prison.  Was this American a victim of mob justice? Tonight, from behind bars, he speaks out about his ordeal.

Also the pictures are ugly, the sounds even worse.


ALEC BALDWIN, ACTOR: You are a rude, thoughtless, little pig.

COOPER: Alec Baldwin on the phone, and David Hasselhoff shown on "Extra," caught in custody battles, caught on tape. New developments tonight on both, when 360 continues.



BALDWIN: To let you know just how I feel about what a rude, little pig you really are. You are a rude, thoughtless, little pig.


COOPER: That, of course, Alec Baldwin's infamous phone call to his 11-year-old daughter. Because of it, the actor's visitation rights were temporarily suspended. Today, his custody battle with ex- wife Kim Basinger resumed in L.A. Basinger was in court; Baldwin was not. The proceedings were confidential, but the entertainment Web site TMZ says Basinger was, quote, very happy with the decision," whatever that means.

Meanwhile, David Hasselhoff is also responding to a less-than- flattering tape that was obtained by "Extra." This was shot by his teenage daughter. It shows the former "Baywatch" actor intoxicated. In a statement to TMZ, Hasselhoff said he's a recovering alcoholic who had a brief relapse. He also said he's going through a painful divorce and criticized his ex-wife for telling lies about him.

For celebrity and non-celebrity custody fights, the law is just part of the story. There are also children involved, of course. His own daughter had to make that tape. For both issues, I spoke earlier with Dr. Drew Pinsky and divorce attorney William Beslow. (BEGIN VIDEOTAPE)

COOPER: William, Alec Baldwin had lost his visitation rights because of that tape. He wanted to get them back. How rare is it for one person in a divorce to actually lose visitation rights?

WILLIAM BESLOW, DIVORCE ATTORNEY: Suspension of visitation is not unusual. The circumstances are typically the same, that the person's physical behavior, or conduct, or words may be so injurious to the welfare of a child that suspension of visitation is appropriate in order to protect the child's best interests.

COOPER: So, William, it's rarely permanent that someone would have their visitation rights stripped?

BESLOW: That is correct. Most often, the stripping of visitation is temporary. Sometimes it's indefinite. Typically, the circumstances leading up to it have to ameliorate in order for the suspensions to be lifted. There are some times when a person's conduct does not change or the person's inability to understand his behavior does not change, thus causing the indefinite or temporary suspension, in effect, become permanent.

COOPER: Dr. Drew, when you heard the tape, which everyone has now pretty much heard, how bad is it? I mean, it sounds bad. Obviously, no parent should be calling their child those words. There is a flipside to this. If any of us are caught in a bad moment, it can sound pretty damning.

DR. DREW PINSKY, AUTHOR: Sure, but I think what we're discussing here is, when people really don't understand the impact of their behavior on children, that's a sign of very serious trouble. In fact, one of the more disturbing conversations I hear in the media is people saying, "Well, what's the big deal? It happened to me all the time, or I do things like that all the time." Those are people who are either objects of that kind of abuse or who are them perpetrating that kind of abuse. They don't appreciate just how traumatic it can be for kids.

COOPER: And, William, Alec Baldwin is arguing that this all stems from parental alienation. He said the judges do nothing to protect your rights if you're a man in California. Is that the way it really is?

BESLOW: That is not the way it is. And, indeed, I could cite examples of women who are claiming the same type of anti-female bias that he is claiming now against himself. And what seems to be the undercurrent of his comments to his daughter was he has lumped her with all of the other people allegedly abusing him, in the court system, the judge, and his former wife, and her counsel.

COOPER: So, Dr. Drew, what do you do? I mean, do you sit the parents down and say, "Look, it doesn't matter what you think about each other, but you have a kid involved"?

PINSKY: You wish. You hope that's the case. You know, why people can't put aside their own issues for children is bewildering to me. But as was just pointed out, a sort of defensive strategy, we call narcissism, is such that people really don't appreciate the impact they have on other people.

And I have to say, in California -- I work in California -- I've seen much more egregious parents still sustain custody and sometimes primary custody of the children, so I really doubt this is going to be a significant issue for him in this state.

COOPER: William, do you counsel your celebrity clients to play this out in the media, to use the media? I mean, we have this other now case with David Hasselhoff and this video that his daughter has apparently made of him drunk, and somehow that got released. He's involved in a messy divorce. Is using the media wise in this?

BESLOW: Using the media is always unwise, particularly when children are involved. And to answer your question, I have never had to give such counsel to celebrity clients, because every celebrity client I have ever had has, for himself or herself, made that very judgment, that it's not in anyone's interest to go public, and none of them ever has.

COOPER: Dr. Drew, you know, you see this David Hasselhoff tape, you've got to feel for these kids in these situations, with these kids of these famous parents -- I mean, she's having to make a videotape to kind of tell her dad in what bad shape she is. She's a teenager.

PINSKY: That's right. But I must tell you, that that's the part when I watch that tape that jumped out at me, was the desperation the child was -- the desperate feeling the child was having about trying to control her dad's disease.

And I must tell you, that's not uncommon. Parents and loved ones will often show them tape recordings and footage of what they're doing. It's part of the family disease process in addiction, where the family can't understand how their love, how that person can behave the way they do towards them. They can't let go, and they try to control the disease, and it suggests that that child needs a lot of help.

COOPER: We're going to leave it there. William Beslow, appreciate your expertise. Dr. Drew Pinsky, as well, thanks.

BESLOW: Thank you, Anderson.


COOPER: Well, still to come, a celebrity who's no stranger to embarrassing videos. Paris Hilton in court today with the possibility of going to jail, not one of those country club prisons, apparently, real jail.

Also ahead, an American in Nicaragua convicted of murder with no physical evidence and 10 people who said he was somewhere else. He was sentenced to 30 years in prison. We'll talk to him in prison, next on 360. (COMMERCIAL BREAK)

COOPER: On his MySpace page, Eric Volz says he is single, a Taurus, and in prison for a crime he did not commit. The country of Nicaragua disagrees. In just a moment, we're going to talk to the American citizen who may spend decades behind bars.

But, first, you decide if justice was served in this case. CNN's Rick Sanchez reports.


RICK SANCHEZ, CNN CORRESPONDENT (voice-over): It was like a lynch mob. Angry Nicaraguans had been waiting for this moment, and 27-year-old American Eric Volz was at the white, hot center. Volz had come to San Juan del Sur, Nicaragua, two years earlier, to surf and to start a magazine aimed at bridging the divide between Nicaraguans and Americans.

Then, last November, Volz's ex-girlfriend, Doris Jimenez, just 25 years old, is found dead, strangled in the clothing store she owned here. The murder of this beautiful young woman was a sensation. Police would quickly charge four men with the crime. One was Eric Volz.

But Eric says he was two hours away from the victim at the time of the murder and provided testimony from 10 witnesses who back him up.

SANCHEZ (on screen): You can swear that he was here Tuesday at noon?

"He was there in his office," you say. You saw him, he was wearing shorts? He was wearing shorts at noon.

With Eric Volz on trial, his life hanging in the balance there in that courtroom, the mob here on the street was getting even more tense. And the message that they seemed to be sending to judge was clear: We want the gringo convicted.

Outside, the chanting, "Viva Nicaragua," and, "Death to the Gringo." Inside the courthouse, Volz's lawyers present witnesses. They provide cell phone records, even this time-stamped instant message conversation Eric says he had with a colleague in Atlanta. That's Volz's screen name, EPMagazineEric. He's swapping messages from about 9:00 a.m. to 2:00 in the afternoon, covering the time just before noon when Jimenez was killed.

Outside, the mob grows more agitated. Police fire rubber bullets to hold them back. Leading the mob, Jimenez's mother, Mercedes. Like prosecutors, she believes Eric Volz was obsessed with her daughter and jealous that she was dating others.

(on screen): Tell me what evidence you think there is. So he had a big scratch on the back of his shoulder.


SANCHEZ: Fingernails?


SANCHEZ: Volz did have marks on his shoulder at the time of his arrest. This photograph was taken the day after Jimenez's funeral. Volz told police the marks came from carrying her coffin. In fact, they do correspond to the correct shoulder. The prosecutor says those marks could only have come from fingernails, though.

She also says Eric had blood under his fingernails at the time of his arrest, but she admits they never proved it.

She also says Eric was spotted near the crime scene. Nelson Dangla testified he saw Eric just after the time police believe Jimenez was killed, but Dangla was one of the men originally arrested for Jimenez's murder. And in exchange for his testimony, he was given full immunity.

No one in Eric's family is prepared for what comes next. This is Volz's mother telling his father the outcome.


SANCHEZ: Volz was found guilty of murdering Doris Jimenez. He was also found guilty of raping her, even though police never concluded that she'd been raped. He was sentenced to 30 years in prison, but despite a formal trial, no one seems certain justice was served.

Rick Sanchez, CNN, Managua, Nicaragua.


COOPER: Another man was also convicted of the murder, even though prosecutors never connected him to Eric Volz. Volz had a lot more to tell Rick Sanchez in a phone interview from prison. Here's what he has to say about his life now and chances of freedom.


SANCHEZ: How are you holding up?

ERIC VOLZ, CONVICTED OF MURDER IN NICARAGUA: You know, it's hard. There's good days, and there's bad days. You know, there's a lot going on right now with my case. You know, there's an appeal, you know, kind of a legal defense, aside from what's happening at, you know, my day-to-day life here in prison.

SANCHEZ: What's is it like there in prison?

VOLZ: Well, this is, you know, a maximum security prison here in Tipitapa. I'm in a gallery, essentially. It's a large hallway with about 90 other prisoners in my block.

SANCHEZ: Do you eat? Do they feed you?

VOLZ: Yes, we get meals once a day.

SANCHEZ: What are you meals like?

VOLZ: Beans and rice, mainly, very simple. You know, sometimes there's some bananas. Sometimes there's soup. We're also allowed to get -- bring in, you know, food from friends. Friends can bring in food, so I'm allowed to cook.

SANCHEZ: Eric, is it dangerous in there? Do you ever feel like your safety is in jeopardy?

VOLZ: Well, of course. I mean, there's a lot of people that wish death upon me in this country. Unfortunately, you know, it has been very relevant in the news and press, and I've been essentially, you know, vilified, you know, by the national press here, as, you know, number one, a gringo, you know, somebody with a lot of money that has created an image of somebody who's, you know, extremely privileged, which is not the case obviously. Look where I'm at.

So there's been a lot of resentment toward, you know, Eric in prison (INAUDIBLE) I'm not a popular person.

SANCHEZ: Do you feel like the guards are protecting you against this?

VOLZ: I'm protecting myself, let's just put it that way. I'm maintaining the best that I can right now. I'm not going into more detail on that.

SANCHEZ: But you are fearful?

VOLZ: No, I mean, I don't live in fear. That's not what this is about anymore. I mean, I had to find a way to get over the fear a long time ago.

SANCHEZ: How do you get through it, from one day to the next?

VOLZ: I pray, man. I concentrate. I read. I exercise when I can. You know, being in prison is really about a state of mind. And, you know, I focus on the right now, the present moment.

SANCHEZ: Eric, I have to ask you this question: Did you kill Doris Jimenez?

VOLZ: No, absolutely not.

SANCHEZ: Why weren't you able to prove that?

VOLZ: I did prove that, many times, several times. If anybody doubts it, it's because they just haven't had access to the right information.

SANCHEZ: Do you believe that there was a vendetta against you and that the courts have put you in prison unnecessarily? VOLZ: The judge found me guilty because she was scared of losing her job. It was a realistic threat. I mean, there was another judge who had previously ruled in my favor by giving me house arrest, and he lost his job. So, you know, I wouldn't call it a vendetta. I think it was definitely a result of public pressure and her not feeling protected or insulated enough by, you know, her superiors.

SANCHEZ: Are you confident that you could be able to win on appeal?

VOLZ: You know, sometimes, you know? There's only a few people that really understand what I'm up against here. And, you know, again, sometimes I feel good, and sometimes it's hard to feel good. I mean, I'm still in prison. I know there's a lot of support out there for me.

SANCHEZ: What if you have to spend many, many years in prison? Are you prepared to do that?

VOLZ: No. They're no way. I won't accept anything except complete liberty and absolution of the sentence.


COOPER: Hard to imagine what it's like.

Up next, was Secretary of State Condoleezza Rice stood up by Iran?

Plus, that's right, Paris Hilton in tears, and it wasn't over another high-profile breakup. Oh, no, is Paris actually heading to prison?

And talk about an odd couple. It is our shot of the day. We'll be right back.


COOPER: Shot of the day is coming up, a wild odd couple, that's right, a dog and duck living side by side, 24/7. Find out how this pairing happened in just a moment. It's a nice little story there.

But first, Erica Hill from Headline News has a 360 bulletin -- Erica?

ERICA HILL, CNN HEADLINE NEWS ANCHOR: Anderson, in the Caribbean off the coast of Turks and Caicos, the search is on for about 16 missing Haitians after their boat capsized as they tried to make it to the U.S. for a better life. Rescue teams have found more than a dozen bodies in the shark-infested waters. Another 60 people did manage to survive the ordeal.

From the Pentagon, a new report shows one-third of combat soldiers and Marines are facing anxiety, depression and acute stress. The survey also dealt with ethical issues on the battlefield, with a third of the troops saying torture should be allowed to save a comrade's life.

Today in Egypt, a conference on Iraq wrapping up, without the moment everyone was waiting for, interaction between Secretary of State Condoleezza Rice and Iran's foreign minister. Last night, the Iranian official bolted from a dinner where he was to sit across from Rice, saying a violinist's dress was too revealing.

On Wall Street, the Dow hits a new high. Blue chips gained 23 points to close at 13,264. It is the longest bull run in 80 years. Both the Nasdaq and the S&P also posting gains.

And Paris Hilton is going to have to put those party plans on hold. A Los Angeles judge has sentenced her to 45 days in jail this afternoon for violating her probation in a reckless driving case. She must report by June 5th.

Anderson, can you believe Paris is going to the clink?

COOPER: You know, I think everyone is going to remember where they were the moment they heard that Paris Hilton was...

HILL: It is really one of those moments, isn't it? And then they'll remember where they were when they first saw her in the prison outfit.

COOPER: That's right. And then they'll remember the emotion, the deep smile that overcame them. I say that, but, you know, who knows?

Time for the shot of the day. We could not resist this video. It's a cute odd couple, a dog and a duck. There you go.

HILL: Oh, look at that!

COOPER: Sure. They've become best friends in China. A girl apparently got the duck as a gift to play with, and her dad found the abandoned puppy, brought it home. And the dog and the duck have been by -- look at that -- each other ever since.

HILL: That is too cute. Oh, look, and the duck is just giving him little kisses.

COOPER: Isn't that sweet?

HILL: I love it. That is a good video.

COOPER: I know. And when the duck is slaughtered for food, the dog is going to like her even more.

HILL: That's horrible.


HILL: That is awful. I thought you were a friend of the animals. Sure you're a panda hater, but I thought you liked ducks and puppies. COOPER: I love ducks and puppies. What do you think is going to happen to that duck?

HILL: Well, I sure hope it doesn't become food. I'm not going to eat the duck, I'll tell you that.

COOPER: You're right. A duck in China, no way that's going to become food. Yes, all right.

HILL: Have a great weekend.

COOPER: Thanks, you, too. I'm going to get e-mails.

We want you to send us your shot ideas. If you see some amazing video, tell us about it, I'm just kidding. We'll put some of your best clips on the air, but it's true.

Send your critical e-mails to me, Lou Dobbs, at CNN.

On to a story of hope now. Thanks to the big heart of one woman, hundreds of children who have been through more than they should ever have to face have their childhood back. Once again, here's Randi Kaye with a look at how this remarkable woman is giving 360.


RANDI KAYE, CNN CORRESPONDENT (voice-over): Thirteen years ago, Kenan Malkic felt hopeless. He lost both his arms and a leg when he stepped on a land mine during the Bosnian war. Now 24, he has a new life in New York. He owes it all to the woman who helped him when no one else would.

ELISSA MONTANTI, FOUNDER, MEDICAL RELIEF FUND: I read the letter, I saw the picture, and my whole life changed.

KAYE: Kenan is the inspiration behind Global Medical Relief Fund, a charity Elisa Montanti started 10 years ago to help children hurt in war.

MONTANTI: I started to bring children -- the first three stayed in my home. And then it evolved. I was able to get housing. And what happened, people started to find me. Before I know it, there was a lot of children that needed to be helped.

They're coming back in July.

KAYE: Most of the children she's helped -- 70 so far -- needed new limbs. The Shriners Hospital in Philadelphia provides them for free. Very soon, Montanti will go to Iraq and bring back eight more for treatment.

For Kenan, Elisa's efforts were the answers to his prayers.

KENAN MALKIC, INJURED IN BOSNIAN WAR: Not only was my mind relieved of, you know, what's going to happen in my future, but, also, the whole thing, going to the United States and to New York put me in a kind of better frame of mind.

KAYE: When they return back, they're walking proud with their head held high on their own two feet, and that is the reward.


COOPER: A remarkable woman.

Coming up next, a 360 special: the lion in the village. The deadly bombing in a forward-operating base in Iraq, from the moment it happened, to the search for the killers.


COOPER: In the middle of a normal day in Iraq, if any day there can be called normal, hundreds of American soldiers are taking a break for lunch.


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