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House Panel Recommends Holding A.G. in Contempt; Obama and Executive Privilege; Sandusky Child Sex Abuse Trial - Part 2

Thu, 06/21/2012 - 11:45am
The Associated Press

xfdls ANDERSON-COOPER-360-D-01

<Show: ANDERSON COOPER 360 DEGREES>

<Date: June 20, 2012>

<Time: 20:00>

<Tran: 062001CN.V98>

<Type: SHOW>

<Head: House Panel Recommends Holding A.G. in Contempt; Obama and

Executive Privilege; Sandusky Child Sex Abuse Trial - Part 2>

<Sect: News; Domestic>

<Time: 20:00>

<End: 21:00>

(COMMERCIAL BREAK) *

(COMMERCIAL BREAK)

COOPER: Welcome back. Quick clarification on something Marcia Clark

said a moment ago. She wondered why the prosecution didn't bring in

an expert on child sex abuse victims.

The reason is pretty fascinating. Pennsylvania is the only state in

the country that bars such experts unless they've been directly

involve in the case.

Over the last two days, a string in character word this is did take a

stand to testify on behalf of Jerry Sandusky, friends, former

colleagues of the assistant football coach.

They described him as a generous, caring guy, devoted to his own

family, to the charity that he founded to help disadvantage kids. The

picture they painted didn't look anything like the sexual predator

obviously described in court by eight of Sandusky's alleged victims

the week prior.

A woman named Joyce Porter testified. She said she's known the

Sanduskys for four decades. She was one of the character witnesses.

Last night, I interviewed her. We played part of the interview I did

with her.

But tonight, I want to show you the rest of the interview. Porter's

100 percent convinced that Sandusky is innocent despite the evidence

that come out.

I asked her to listen to a part of an interview Sandusky did with

NBC's sportcaster, Bob Costas, that's been never aired and to tell me

what she heard him saying. Watch.

(BEGIN VIDEO CLIP)

BOB COSTAS, NBC SPORTS: So it's entirely possible you could have

helped young boy A in some way that was not objectionable while

horribly taking advantage of young boy B, C, D and E. Isn't that

possible?

JERRY SANDUSKY, FORMER PENN STATE ASSISTANT FOOTBALL COACH (via

telephone): Well, you might think that, I don't know. In terms of my

relationship with so many, many young people, I would guess that there

are many young people that would come forward.

Many more young people who would come forward and say that my methods

and what I had done for them made a very positive impact on their

life. And I didn't go around seeking out every young person for

sexual needs that I've helped or many that I didn't have -- I hardly

had any contact with who I have helped in many, many ways.

(END VIDEO CLIP)

(BEGIN VIDEOTAPE)

COOPER: Joyce, some people hearing that find that kind of startling,

particularly the last line that Sandusky said where he said I didn't

go around seeking out every young person for sexual needs that I

helped.

There are many I didn't have -- and then he pauses. There are some I

hardly had any contact with and helped many, many ways. Some see that

almost as an admission of sexual contact with children. How did you

interpret that? How did you hear that?

JOYCE PORTER, FRIEND OF JERRY SANDUSKY: I heard him say he didn't

have sexual contact with kids that he helped.

COOPER: Well, he said I didn't go out seeking every young person for

sexual needs that I helped. There are many that I didn't have -- and

then he stopped and said some I hardly had contact with and helped in

many, many ways.

Certainly opened to interpretation, but is there any evidence that

could be presented that would make you believe what these accusers are

saying about Jerry Sandusky?

PORTER: I would have to see him do it myself with my own eyes. I

think he's a wonderful person. I just can't believe these things.

Sorry.

COOPER: There's nothing to be sorry about. I mean, I think you're a

good friend and you're standing by your friend. His wife, Dottie,

who's your good friend testified. How do you think she did on the

stand?

PORTER: I think she did an excellent job and I think she validated

that she was a light sleeper and she would have heard something going

on if it was going on in her home. I mean, she was there all the time

and she's a wonderful, moral person. She would have cracked the whip

if anything were going on.

COOPER: Sandusky was overheard by a police officer years ago telling

the mother of one of the accusers, quote, "I wish I could ask for

forgiveness, but I know I won't get it from you. I wish I were dead."

After she confronted him about taking a shower with her son, does

that raise any eyebrows for you?

PORTER: No. It may me think he felt bad enough just taking a shower

with a kid.

COOPER: And yet he continued to take showers with kids.

PORTER: I don't know if that was one of the first ones or one of the

last ones.

COOPER: But if he did continue to take showers with kids, do you

think he really felt bad about it?

PORTER: I don't know. I would say he felt bad in that one case.

COOPER: Well, Joyce, I appreciate you coming on and talking to us.

Thank you very much, Joyce.

PORTER: Thank you, Anderson. See you later. Bye.

(END VIDEOTAPE)

COOPER: One of Jerry Sandusky's strong defenders. A lot more

happening around the country and the world. Isha is here with the

"360 News and Bulletin" -- Isha.

ISHA SESAY, CNN CORRESPONDENT: Anderson, no sign of progress in Syria

where Syrian troops kept up the shelling today and at least 42

civilians were killed.

New reporting as well about just how many people have fled Syria. "The

New York Times" citing Jordanian authorities who estimate there are

now more than 100,000 Syrians living in Jordan. Egypt next, former

dictator Hosni Mubarak tonight is off life support. That's according

to his lawyer. As state news agency saying, Mubarak is not clinically

dead, but is in critical condition and in failing health.

Greece has a new prime minister, Antonis Samaras, sworn in today.

After successfully forming a new government, something the

economically devastated country has done without for the last 223

days.

The U.S. economy, not getting much of a boost from the Federal Reserve

today. Chairman Ben Bernanke announcing the extension of "Operation

Twist," which aims to keep borrowing costs low, but has only had a

modest effect so far.

And have you had up to here at the airport? Tired of long lines and

intrusive patdowns? Well, this woman was. Not only did the camera

catch the patdown, well, it also caught the passenger shall we say

patting back?

Carol Price, that's her name is a retired TSA agent. She says she was

only demonstrating what happened to her. The law, though, says

otherwise. Anderson, Price is being charged with misdemeanor battery.

And Anderson, she's heading to court next month.

COOPER: Wow. She's been charged with misdemeanor battery for that?

SESAY: Yes. They're saying she did not ask before she put her hands

on the supervisor and that's what she's facing.

COOPER: Wow. And she's a former TSA person? That's really

interesting.

SESAY: She is. And she's claiming that -- she says it's a vendetta,

but yes, I think you can say it's a bad day at the airport.

COOPER: I guess we've all had those. Isha, thanks.

Two healthy people who donated their kidneys have died from the

surgeries after their surgeons used a device warned to be unsafe since

2006. So how did that device end up inside them? The question is, is

the Food and Drug Administration doing enough to stop more deaths?

We're "Keeping Them Honest" next.

(COMMERCIAL BREAK)

COOPER: Flash flooding turned streets into surging rivers in Duluth,

Minnesota. We have details on the damage and evacuations ahead in the

program.

(COMMERCIAL BREAK)

COOPER: Welcome back on the program. A medical "Keeping Them Honest"

report right now. Every year about 6,000 healthy Americans choose to

donate one of their kidneys to help save a life. It's a remarkable

thing to do.

Typically, everything goes fine. The operation is considered safe,

very few donors actually die. But in just over a decade, since 2001,

five donors have died. Their deaths have been tied to a device that

was warned to be unsafe back in 2006.

So "Keeping Them Honest," did the Food and Drug Administration, the

agency that approves and monitors medical devices, did they do enough

to sound the warnings and to protect these patients?

And is it doing enough right now to stop more deaths in the future?

Here's CNN senior medical correspondent Elizabeth Cohen.

(BEGIN VIDEOTAPE)

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT (voice-over): When

Manuel Reyna developed a deadly kidney disease, his sister, Florinda

Gotcher, didn't hesitate to give him one of her kidneys.

In January of 2011, she went in for what's considered to be a very low

risk surgery.

UNIDENTIFIED FEMALE: She was overwhelmed that she was able to save

her brother's life.

COHEN: The surgery was a success. Florinda was wheeled out to the

recovery room where her daughter, Melinda Williams was waiting. But

then, not even 30 minutes later, Florinda took a mysterious turn for

the worse.

MELINDA WILLIAMS, VICTIM'S DAUGHTER: She raised up. She took a deep

breath and her eyes got real huge and then she fell back down and then

just started breathing really, really bad.

COHEN: Surgeons at University Medical Center in Lubbock, Texas rushed

Florinda back into the operating room. Once inside, they realized

something horrible had happened.

In order to remove Florinda's kidney, doctors had to cut an artery.

They put clips on it to make sure it didn't open back up. But the

clips slipped off and blood gushed out.

(on camera): And what was the next thing you heard?

WILLIAMS: We couldn't save her. Sorry, we did everything we possibly

could, but there's nothing we could do.

COHEN: Florinda Gotcher, mother of four bled to death at age 41.

WILLIAMS: It just literally -- I couldn't hold it anymore. It just

felt like my world just fell apart. My heart was torn in pieces.

COHEN: What Melinda Williams didn't know -- her mother's death wasn't

just some freak accident. It was 100 percent preventable.

WILLIAMS: To learn that yet another donor has died has been simply

devastating.

COHEN: Dr. Amy Friedman, a transplant surgeon in Syracuse, New York,

has spent the last eight years trying to persuade the Food and Drug

Administration to do more to warn that clips can kill kidney donors.

And yes, Dr. Friedman said another donor, Florinda Gotcher, was the

fifth kidney donor to die because of these clips. And at least 12

others suffered injuries.

The clips are safe to use in many types of surgery, but not in

laparoscopic kidney donor surgeries. Beginning in 2006, the FDA

worked with the manufacturer of these clips to send up to six warning

letters.

Alerting hospitals that the clips were contraindicated, unsafe for use

in that procedure, but Dr. Friedman says the letters were hardly

persuasive and easily forgotten. The letter Florinda's hospital

received came five years before her surgery at a time when the

hospital wasn't even using the clip.

It was one of dozens of letters about various devices and other safety

issues the hospital gets every year. And the letter about the

surgical clips, never once mentioned patients had died.

(on camera): Would this letter have had more impact if they had

mentioned that people actually died?

DR. AMY FRIEDMAN, TRANSPLANT SURGEON: Absolutely. It's shocking that

it doesn't say that even a single donor died. It's meaningless

without saying that.

COHEN (voice-over): By 2007, documents obtained by Dr. Friedman

through the Freedom of Information Act showed the FDA called these

letters effective and adequate to prevent a reoccurrence of the

problem.

Effective and adequate, even though only about half the hospitals

acknowledged getting the notification according to a 2007 audit by the

FDA.

(on camera): Half the hospitals.

FRIEDMAN: Right.

COHEN: Is that enough?

FRIEDMAN: Clearly, it was not enough and clearly it still left gaps.

COHEN (voice-over): Florinda Gotcher and at least one other kidney

donor died after the letters were issued. Dr. Friedman says she wants

the FDA to require a warning right on the package and doing so earlier

could have saved lives.

There's no warning on these clips. There's no warning in the package

that the clips come in. There's no warning on the box. Believe it or

not, the only warning about how not to use these clips doesn't come

with the clips at all.

It actually comes separately with an entirely different medical

device, an applicator that's used to put the clips on. And the

warning is far from obvious. It's one line in pages of instructions.

If you were designing this, what would you put?

FRIEDMAN: I think it would be great to say don't use on a kidney

donor. That would be terrific.

COHEN (voice-over): Teleflex, the manufacturer of the clips points

out that although no specific warning is on the clip packaging, it

does feature a warning symbol and a referral to the applicator's

instructions for use.

COHEN (on camera): "Keeping Them Honest," we wanted to ask the FDA to

justify why they said the letter writing campaign was effective, but

only about half the hospitals said they got the warning.

We also wanted to ask why they never required a warning label right on

the packaging of the clip. But the FDA wouldn't talk to us on camera.

(voice-over): In a statement to CNN, the FDA said most transplant

surgeons heed the FDA's warning. However, despite repeated efforts to

communicate this important safety information, some transplant

surgeons continue to improperly use these clips.

While the FDA can warn against the unsafe use of the medical device,

doctors are not prohibited from using cleared or approved devices for

an unapproved use within their practice of medicine. When used as

indicated, the clip can be used effectively.

Teleflex said surgeons have safely and successfully used their clips

in millions of surgical procedures and that a contraindication is a

clear, well understood and accepted concept in the medical community

that says do not use this device for this purpose.

Teleflex says it believes the transplant community is well aware of

the contraindication. University Medical Center where Florinda died

admits its system to track warnings was insufficient to alert the

hospital of 2006 notice.

When new clips were later ordered and have since put corrective

actions in place. No one warned Florinda's family. Now all they can

hope for is by talking about Florinda, they can prevent another

senseless death.

VIRGINIA REYNA, VICTIM'S SISTER: I told them I wanted my sister back.

I want my sister. They should have known better.

(END VIDEOTAPE)

COOPER: So sad, Elizabeth, do we know if these clips might still be

in use for kidney transplants that hospitals and patients don't know?

I mean, despite what the manufacturer and FDA say?

COHEN: Right. Anderson, doctors tell us that it is possible. Right

after Florinda died, the FDA issued a safety notification. But those

notifications aren't ongoing.

As we saw, there's nothing specific on the label. Doctors could miss

that one sentence in the instructions. So doctors hope the transplant

surgeons have gotten the message, but it's possible that they haven't.

COOPER: Wow. Elizabeth, thanks very much. We'll keep on it.

Coming up next, wild weather across the country from extreme heat in

the east to flash floods in Minnesota. Remarkable pictures there. The

latest on all of it when we continue.

(COMMERCIAL BREAK)

COOPER: Welcome back. "The Ridiculist" is coming up. Let's check in

with Isha first in our "360 Bulletin" -- Isha.

SESAY: Anderson, temperatures hit the mid to high 90s in New York,

Philadelphia, Boston and Washington today. Eight states are under

heat advisories. The heat wave is expected to continue through Friday

morning.

Too much rain is the problem in Duluth, Minnesota, flash flooding has

destroyed roads, forced evacuations and left homes under water. The

National Weather Service said up to nine inches of rain fell between

last night and this morning.

A fire has damaged a warehouse at a pier in San Francisco that's

supposed to host an event for the America's Cup Yacht Race. The cause

of the fire isn't known.

And Anderson, Big Bird may soon be back on the big screen. The

Hollywood reporter says 20th Century Fox has picked up the rights to

make a "Sesame Street" movie.

Two other "Sesame Street" movies have already hit the screen. "The

Adventures of Elmo in Grouch Land" in 1999 and "Follow That Bird" in

1985. And of course --

COOPER: You don't need to tell me.

SESAY: I know, because my personal favorite, you. There, airing in

2007. "Coops in A Trash Can."

COOPER: Yes, me and Oscar "The Grouch." I didn't know there are so

many grouches these days. When I was a kid, there was only Oscar, but

now there's Walter --

SESAY: When I was a kid.

COOPER: Back in my day. All right, coming up, should dogs be allowed

to vote in the election? "The Ridiculist" is next.

(COMMERCIAL BREAK)

COOPER: Time now for "The Ridiculist." Tonight, we're adding an

election year dog tale. A guy in Virginia recently received a voter

registration packet in the mail addressed to his dog.

Here is his dog. Cute little guy. His name is Mozart, Mo for short.

Mozart's owner said he quite was surprised to see his dog was being

asked to take such an active role in democracy.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I opened it up and looked at it. I just laughed.

I thought it was a joke at first. Turns out it's real.

(END VIDEO CLIP)

COOPER: So apparently it came from a private, non-profit group that's

trying to register more voters. But Mozart really slipped through the

cracks here because not only is he a dog, he's unfortunately been dead

for quite a while. That's right it's a dead dog.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What amazed Morris is that if Mozart was human, he

would have been eligible to vote this year.

UNIDENTIFIED MALE: He would have been 18, 19 years old this year.

And he passed away two years ago, and I still have no earthly idea how

they got his information.

(END VIDEO CLIP)

COOPER: Not to get too Gary Larson on you now, but why shouldn't dogs

be allowed to vote? For one thing, they tend to be excellent judges

of character.

I say let's get a K9 movement started. Frankly, a solid dog

constituency could be just what the state of Virginia needs to knock

out a certain scenic candidate.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Vote hank for U.S. Senate.

UNIDENTIFIED MALE: He's got ads, stickers, signs, even a Facebook

page.

UNIDENTIFIED MALE: He's running as an independent so he had to have a

blue tie.

(END VIDEO CLIP)

COOPER: But here's the thing. If you give dog the vote and let cats

run for office they're going to have to be active citizens in other

ways as well. It's already happening in Massachusetts as a matter of

fact.

Where a few years back, a cat got a summons for jury duty. He did not

get picked for the actual jury. It must have been some kind of

conflict of interest. Maybe it was a petty larceny trial. Who knows?

But when it comes to how cats and dogs figure into the justice system,

I think the most cogent comment came the guy in Montana who filed a

notarized affidavit asking to be led out of jury duty, quote,

"Apparently, you morons didn't understand me the first time. I would

rather count the wrinkles on my dog's -- rather than sit on a jury."

I know. It really is rather poetic. In conclusion, let's all gather

our leashes and walk the votes. So sometime soon every dog have its

election day.

That does it for us. We'll be back one hour from now. Another

edition of 360 at 10 p.m. Eastern. "PIERS MORGAN TONIGHT" starts now.

(Byline: Anderson Cooper, Jeffrey Toobin, Jason Carroll, Isha Sesay,

Elizabeth Cohen)

(Guest: Trey Gowdy, Mark Geragos, Marcia Clark)

(High: Full House chamber could vote on contempt against Attorney

General Eric Holder for refusing to submit requested documents on the

botched gun running operation. Justice Department said documents on

the "Fast and Furious" operation being withheld after President Obama

involved executive privileges. Jerry Sandusky's defense rested case

without testimony from him.)

(Spec: Barack Obama; Eric Holder; Guns; Weapons; Policies; Congress;

Government; Politics; Deaths; Violence; Drugs; Defense; Trial; Jerry

Sandusky; Children; Abuse; Prison; Legal)

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