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Hurricane Dolly Heads for Texas; Obama Overseas, Looking Presidential; John McCain on the Attack; Polygamous Leader Warren Jeffs Wanted in Texas; Racial Injustice

Aired July 22, 2008 - 23:00   ET


ANDERSON COOPER, CNN ANCHOR: Breaking news tonight - Dolly is now a hurricane and gathering force. We'll have the new advisory from the Hurricane Center on where it's headed and when.
Also tonight, face-off: Barack Obama in the Middle East talking about peace and the surge; John McCain at home taking a tough shot at Obama, saying Obama would rather win the election than win in Iraq.

And what many Democrats will no doubt jump on tomorrow, McCain tonight saying Obama has the timeline of the surge all wrong. But does in fact McCain have it all wrong? We'll check the facts.

Also breaking tonight, Warren Jeffs, the fallen polygamist leader, new charges against him, stunning new legal developments. We'll bring you all of that; a very big night of breaking stories.

We begin with Hurricane Dolly targeting the Texas Gulf Coast. Warnings are up tonight, from Brownsville to Corpus Christi. The major concern there, not just the wind, but what is expected to be massive amounts of rain.

CNN's severe weather expert Chad Myers as always is tracking the storm. He joins us with the latest -- Chad.

CHAD MYERS, CNN METEOROLOGIST: Well, the 11:00 o'clock advisory Anderson, finally came off. The only good news and bad news is that we have is that the bad news is I don't have time to make any graphics here before I can get it to you here. But here it is word for word from the Hurricane Center; Dolly is a little bit stronger tonight.

And you can almost begin to see that the backside of this is getting a full-sized eye. This is still open as we call it over here. The eye wall has not made its way all the way over to the east side. But an 80-mile-per-hour sustained wind now, with gusts probably to almost 100 miles per hour moving towards the Brownsville area, Matamoros, this will be northern Mexico; a very populated part of northern Mexico here as well. And then into Brownsville and then we get back over here into South Padre Island and then McAllen from there.

So what we're talking about is a lot of rainfall. We are talking about some wind damage and some of the computer estimates bringing in the wind damage here to about three -- yes, there it is, right there, $3.6 billion dollars across south Texas because of this.

Now, this is economic loss because of people not being there as tourists. This is economic loss because of broken windows, shingles, buildings out of work, people out of work, people displaced because their homes are knocked down, whatever it may be.

This is forecast to about 120-mile-per-hour gusts. We don't have that quite yet; not 120 miles per hour gust. 100-mile-per-hour gusts but not 120. So this may be a little high on the estimate scale, but think about $3.6 billion compared to what Katrina made on up there into New Orleans, numbers exponentially -- exponentially higher there as we've looked at this storm compared to that storm.

So the good news/bad news, yes, the storm is here. This is the latest here. This is the very, very latest; the graphics coming in automatically for me, 25.1 north, 96.0 west. Winds are 80, gusting to 100 miles per hour and the middle of the line. Now we can pretty much focus on the line. Its close enough, we don't have to worry about the cone because the cone is only that wide.

So we're not talking about Corpus Christi anymore for a landfall possibility. But all the way up to about -- that's north of South Padre Island. Now the good news is there's a county right here called Kennedy County. There's 414 people live there.

Have you ever seen the King Ranch? Ever seen the big ford F-750 King Ranch trucks? That's what they're talking about, we're talking about King Ranch.

This is a huge almost the state of Rhode Island ranch here, where there are more cows than people. I guess that's good news to get the cows out of the way.

But then the rain moves into the Rio Grand Valley, Anderson, and that's when the rain starts. And because it isn't going to move, see it's kind of dying right here, it is going to sit there and it is going to rain for days and that will cause flooding; 15-inches of rain possible with this storm.

COOPER: How quickly will it dissipate as a hurricane once it's over land?

MYERS: Oh probably, because this is the desert, I mean we're not talking of like going over the Yucatan peninsula, which is essentially a wet kind of a swampy area, marshy area, this is a desert down here. And I would say this is going to die in, it will be less than a hurricane in 15, 16 hours and then after that it'll be a tropical depression in two days.

COOPER: All right, Chad Myers with the latest. Chad, thanks.

It's not going to be a picnic on Padre Island, those words of warning echoed by Chad about Hurricane Dolly today, from the director of the National Hurricane Center.

About 1.5 million people are in the path of the storm along the Texas coast and South Padre Island is right in the bull's eye.

That's where "360's" Gary Tuchman is tonight. He joins us again live. Gary, what's going on now?

GARY TUCHMAN, CNN CORRESPONDENT: Well, Anderson, the outer bands are just starting to move in. We're having sporadic heavy rains and high winds behind me. I think this a fascinating story.

This is the Blue Sky Souvenir stand; almost every business is boarded up and closed. But the guy who owns the Blue Sky says he has too many windows to put up boards, so he's flying his flag and he's staying open until his normal midnight closing time, because he says he has nowhere else to go. But as you could see, there are even some customers who've come in, to buy some souvenirs, tourists.

Most of the tourists however, have left. This is South Padre Island, this is the furthest south you can go in the state of Texas along the coast. And as you'd said, this is in the bull's eye, Anderson. There's a lot of concern about the possibility of immense flood damage here.

This is a Category 1 hurricane; this is not a hurricane that normally will blow down buildings like we saw in the coast of Mississippi during hurricane Katrina. One thing you got to remember in New Orleans most of the damage were from the levees is breaking, not from the wind.

That was a category 3 storm, ultimately Katrina. This is a category 1 storm but there's great concern about floodings and similar concerns Katrina with levees.

Behind us, Mexico, at a 15 minutes drive from here, the Rio Grand River and there's concern that levees may not be strong enough. And there may be immense flooding. A lot of concern in northern Mexico; concern because it's very hilly there. And people here are very worried but the fact is they are not used to get hit directly by a hurricane here.

Anyone under the age of 30 doesn't remember a hurricane directly, hitting it 1980, the last one Hurricane Allen, a 150 miles per hour went came to here, killed two people, caused big problems with flooding and that what authorities are very concerned about. Midday tomorrow, the brunt of Hurricane Dolly is expected to be here -- Anderson.

COOPER: So most of the people have evacuated?

TUCHMAN: Most of the people have evacuated, there's not a mandatory evacuation order in effect, only a voluntary evacuation but as we know, mandatory orders don't mean they arrest people that just means the police say you're at your own risk at this point.

They're telling people they should leave. Most people and there are more than 100 between 100,000 and 200,000 people here, in a busy summer weeks and most people it seem they are gone. But we still see people going up and down the road. We still see people going in to the Blue Sky Souvenir stand to buy their souvenirs.

COOPER: All right, Gary Tuchman, stay safe. Up next, Barack Obama in the Middle East, John McCain here at home, actually saying Obama would rather win the election than win the war.

Later, "Breaking News", new charges against Warren Jeffs this time involving the notorious ranch in Texas.

And he cleaned up Gotham City, but now Christian Bale "Batman" is in hot water with authorities in London. Details when "360" continues.


COOPER: Barack Obama tonight in the Middle East and John McCain taking shots at him back home. Obama is in Jerusalem, after making big news today in Amman, Jordan talking about his relationship with David Petraeus if he becomes president, trying to make a clear distinction between the commanders in the field and the commander-in- chief.

Here's CNN's Candy Crowley.


CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT: Barack Obama left Iraq as he went in to it, convinced that a 16-month timetable for withdrawing U.S. combat troops is doable. Not everyone is on board, including someone who told him so; Obama's chopper companion, General David Petraeus, Commander of Coalition forces.

SEN. BARACK OBAMA, (D) PRESUMPTIVE PRESIDENTIAL NOMINEE: I think that his concern has to do with wanting to retain as much flexibility as possible.

CROWLEY: Obama says it's not a matter of ignoring military brass on the ground, but as commander-in-chief, he would be prepared to overrule it.

OBAMA: I am factoring in their advice by placing it in this broader strategic framework that's required.

CROWLEY: In addition to resistance from Petraeus -- Obama also admitted to some trepidation from tribal leaders he met with in Sunni controlled Anbar province.

OBAMA: It is true that some of the tribal leaders as well as the local governor in Anbar expressed concerns about a potential precipitous drawdown of U.S. troops, which is why I haven't proposed a precipitous drawdown. What I've proposed is a steady, deliberate drawdown over the course of 16 months.

CROWLEY: Obama and his two fellow senators on the Iraq trip agreed that military and political progress has been made since the surge began. But Obama, hit repeatedly by McCain for opposing the surge, balked at calling it a success.

OBAMA: I believe that the situation in Iraq is more secure than it was a year and a half ago. I think that the definition of success depends on how you look at it.

CROWLEY: Obama's first post-Iraq news conference was held on a mountain top against the backdrop of Amman, Jordan, where he met and dined with King Abdullah as he will meet with Israeli, Palestinian and European leaders.

It's a trip designed to shine up his foreign policy credibility back home, but presidential style agenda, though Obama has to be careful not to act as though he's already president. This is tricky.

OBAMA: There are a range of factors that I have to take into account as a commander-in-chief or a potential commander-in-chief.

CROWLEY: Obama brushed aside questions about McCain's criticism of him, hoping that will make the trip seem less like a campaign and more like what his political advisers insist it is, a discussion of important issues. Still, Obama has a campaign camera in tow; they are considering using footage that's shot here for future ads.

OBAMA: Thank you very much, everybody.

CROWLEY: From here, Barack Obama flew to Israel. It will be perhaps the trickiest stop on this journey. In the path along the campaign trail, Obama has said things that worry both the Israelis and the Palestinians.

Candy Crowley, CNN, Amman, Jordan.


COOPER: John McCain today, leveled just about the roughest shot you can at an opponent; in so many words, accusing Barack Obama of selling out the country for a few votes. He's talking about the surge, what Senator Obama opposed and recently said he will still oppose if he had a choice today. The fight is beginning to take on epic and ugly dimensions.

The "Raw Politics" tonight from CNN's Ed Henry.




HENRY: Republican, John McCain; eager to deliver a punch about how he backed the surge in Iraq and now feels vindicated.

MCCAIN: I had the courage and the judgment to say that I would rather lose a political campaign than lose a war. It seems to me that Senator Obama would rather lose a war in order to win a political campaign.

HENRY: In the same corner, a White House trying to avoid the brawl. DANA PERINO, WHITE HOUSE PRESS SECRETARY: I'm not here to speak for Senator Obama and he can -- he had a press conference today. He can speak for himself. I'm just not going to do it.

HENRY: But sometimes Dana Perino can't resist delivering a bit of a jab, as the media focuses relentlessly on Democrat Barack Obama's trip to the Middle East and Europe.

PERINO: Senator McCain had been there multiple times in the past several years and knows all of those leaders very well.

HENRY: In the other corner, a Democrat who is not backing down from his opposition to the surge or his insistence the next move should be a 16-month withdrawal of U.S. troops.

OBAMA: The message we heard from Iraq's leaders is that they're ready to do more and they want to take more responsibility for their country.

HENRY: Now Obama has some cover from Iraqi Prime Minister Nouri al Maliki who has voiced support for his redeployment plan. Complicating matters for people here at the White House and in the McCain camp.

JOE KLEIN, TIME MAGAZINE: His problem is that he's in possession of a tactical truth. The fact is that he was right about the surge. But Obama is in possession of a larger strategic truth. He was right that this was the wrong war to fight and it was a diversion from our real enemies, Osama bin Laden and Al Qaeda.

HENRY: McCain is pushing back, in part with a new video on his Website dubbed "Obama Love."

Tweaking the media's fascination with Obama's candidacy in general, and this trip in particular.

An effort to whip up conservatives, but McCain used to be a media darling himself.

KLEIN: I'm old enough to remember when, you know, we were accused of being in the tank to McCain and a lot of us were because McCain, in 2000, was running a fresh, fascinating campaign.

HENRY: Since losing to George W. Bush in 2000, however, McCain has grown closer to the president, especially on the war in Iraq; enabling Obama to bill himself as the fresh candidate this time.

Ed Henry, CNN, the White House.


COOPER: Well, straight ahead, Bill Bennett and James Carville weigh in on the Obama-McCain battle and why it's been such a tough week for John McCain.

(BEGIN VIDEO CLIP) JAMES CARVILLE, DEMOCRATIC STRATEGIST: Well, McCain just seems frustrated, they seem angry and they seem to be doing stupid things at a time when Obama is having a very good week.


COOPER: Later, polygamist leader Warren Jeffs already in prison, now facing even more charges because of what went on in Texas; "Crime and Punishment" tonight on "360."


COOPER: Barack Obama arriving today in Amman, Jordan. He's spending tonight in Jerusalem; he'll be touring Israel and the Palestinian territories tomorrow.

His trip so far is dominating the headlines, certainly not the liking the McCain forces, leaving Senator McCain facing paltry coverage and, as you saw before the break, trying to make the case that he was right on Iraq and Senator Obama still doesn't get it.

Joining me now in the "Strategy Session" CNN contributors, James Carville on the left and Bill Bennett on the right.

James, does John McCain get it -- in that he's arguing about the past about saying that he supported the surge, that Barack Obama didn't and if it wasn't for the surge, none of the progress that's been made would have been made. Does he get it or does Barack Obama get it?

CARVILLE: Well, I think first of all, in terms of the week I think Barack Obama is having his way this week. I mean, he's got a golden glow. McCain seemed to be frustrated; they've made a lot of mistakes this week. They put up a really bad TV ad that blew up in their face. It had some bad visuals and he seems kind of cranky because Obama is having such a good trip.

And you know sometimes in politics when you're going bad, you got to take a deep breath and just stop digging yourself in a hole. And I think that's something that Senator McCain that may have to deal with right now.

COOPER: Bill, is he digging himself in a hole by focusing on the past or is that really his best argument right now, he supported the surge and Obama didn't?

WILLIAM BENNETT, NATIONAL TALK RADIO HOST: I don't think so -- it is the best argument. Look, Obama has had a good week. You know he shows up, soldiers seem very glad to see him. They don't boo him. He sinks two/three-pointers in a row, Anderson. You know?

COOPER: Not bad.

BENNETT: Pretty impressive. And that he gets this endorsement by Maliki. Now what McCain has to stress is that Obama is there and he is fortunate, lucky, that he is the beneficiary of policies which he opposed but which were put into place. John McCain, George Bush, fighting men and women on the ground made this surge happen. The surge has resulted in a peaceful Iraq which makes Obama's proposals more plausible, indeed plausible enough to get the support of Maliki.

So Obama looks good, there's no doubt about it with this slap on the back. But what made him look good? What brought us to this point? And that was the surge on which John McCain risked his political career.

COOPER: But James, he says, and look, yes, you know the increase in troops helped but he also says it was the Sunni awakening and he also says it was the decision by Shia militia groups to lay down their arms. Does he have a point there?

CARVILLE: Yes, I'm sure, sure he has a point and that point may very well be correct. But he doesn't really need to argue the point. McCain is certainly entitled to make his point. But McCain just seems frustrated; they seemed angry and seemed to be doing stupid things in a time when Obama is having a very good week.

And yes, McCain upped the ante on this trip and as a result of that, he's given Obama a glow. That's brought the trip now, the trip's not over, something bad could happen. I mean, I've been around politics too long to know what happened the last four days doesn't have much to do with the next four minutes.

BENNETT: Yes, luck shifts, Moby Dick that says the universal thump gets passed around. McCain's had a few thumps this week.

On your question, Anderson, yes, other things have happened too, but how much of what else happened which has helped was brought about as a result to the surge. The inevitability of the American forces overcoming Al Qaeda; and we've been hearing this argument from the Democrats in Washington that the political problems are still not being solved, and not being addressed.

Now the argument is it was the political action and not the surge. Good things have happened.

I think the McCain campaign's frustration James is right in how he describes it. Is that do they thought they were setting a trap for Obama and because of the success of the surge, some good luck, timing, and by the way, a lot of people think it's that old bane of liberals, Ahmed Chalabi (ph), who has been advising Maliki on this to endorse Obama and pat him on the back, that's kind of interesting, too.

COOPER: Well, it is pretty stunning -- it is stunning that the week that Obama is there, not only does the Maliki government signal a shift, even the Bush White House seems to be moving more toward Obama's positions on a number of issues, on Iran, sending a negotiator there, although he wasn't there to negotiate, but his presence there certainly sent a symbol.

I mean is that sort of undercutting McCain's argument right there? BENNETT: Yes, I think it is. I said earlier if he goes to Israel, if he gets a peace treaty between the Israel and the Palestinians even I will vote for him. I mean this is a hell of a run he's having.

I can't understand the Bush reaction. This was such a tough situation, tough argument that was made by Bush and McCain that you cannot do these meetings and it looks as if there's been some about face on it.

Now people ask could John McCain distinguish his positions from George Bush. Here's one where he ought to jump in and say I totally disagree with what the State Department is doing here.

COOPER: Well, also the question, James, isn't the question kind of, can John McCain distinguish his positions from Obama on Iraq at this point? I mean, it doesn't seem to be a huge amount -- there's not an ocean separating them other than arguing over the past and the surge.

CARVILLE: You know, I suspect that the voters are sitting there saying, can we talk about the shoe clerks in this poker game? And you're right. It's a little bit of splitting hairs when some guy says 16 months and Maliki says this, and Bush says this, and when negotiating, we are not negotiating. In the meantime people's lives are really -- the quality of lives is really deteriorating around them and at least in terms of economics.

And it -- I understand that Obama has to do this. It seems like McCain could be using this opportunity to really get into what's happening in people's lives as opposed to getting into these Talmudic discussions about, you know, timelines versus horizons or something.

BENNETT: Well, but I think, I think look, this is obviously John McCain's strong suit. This is his game, and he was pushing for the surge. Again, he put himself at political risk in doing that. The surge has been successful.

I think you make a great point there, Anderson, when you say that we will go when we have won and that it looks like you have almost won. And the other guy is saying well, how about 16 months, those differences begin to look quite small.

CARVILLE: The truth of the matter is that, McCain's response to this trip has not been very effective at all.

BENNETT: Well that, again, they thought they were putting him in a trap and the shifting sands of Iraq; it's a little bit like putting the guy on the witness stand when you don't know exactly what the answer is going to be.

And again, I think here he was lucky. Luck changes. James knows about luck. I used to, I don't anymore.

CARVILLE: I know something about bad luck.

BENNETT: Well, we all know about that.

CARVILLE: I know that was about seven and out.

COOPER: All right, we'll leave it there. It's been a fascinating week. James Carville, Bill Bennett, thanks.

CARVILLE: Thank you.

COOPER: Time now for a "360 Bulletin" and Erica Hill -- Erica.

ERICA HILL, CNN CORRESPONDENT: Anderson, prices of oil plunge in today more than $3 a barrel to close at nearly $128 a barrel. That is actually the lowest point since June 5th. Analyst say, growing concern over reduced demands help drives those prices down.

Actress, Estelle Getty who played Sophia on the "Golden Girls," died early today. She had advance dementia. Getty spent 40 years struggling as a character actress before landing the role of her lifetime. The "Golden Girls" was an immediate hit, it ran from 1985 to 1992. Estelle Getty was 84.

A widely viewed YouTube video starring a furious wife making embarrassing claims about her husband and their intimate life, as well as family members, apparently backfired.

A New York judge blasted actress Tricia Walsh-Smith for making that video and granted a divorce to her husband Broadway mogul Phillip- Smith on the grounds of cruel and inhuman treatment. The pre-nup that Walsh-Smith signed stands -- Anderson.

COOPER: Wow, all right. Here's tonight's "Beat 360" photo. I got to admit, it kind of grosses me out.

Three women checking on the progress of their fish pedicure, which I've never heard about, in a salon in Alexander, Virginia. The fish apparently helped get rid of the dead skin.

HILL: Delicious.

COOPER: Yes, Here's the caption from our staff winner, Erica. Erica Hill won.

HILL: Well hello.

COOPER: "Sure it works, but it's no Ped Egg."

Think you can do better? Go to our new Website, click on the "Beat 360" link. Send us your entry. We'll announce the winner at the end of the program. The winner gets a "Beat 360" t-shirt.

HILL: Lucky, lucky.

COOPER: Lucky, lucky.

Up next, new information on Hurricane Dolly, severe weather expert Chad Myers sifting through the latest from the National Hurricane Center. Gary Tuchman is live on South Padre Island where the storm is expected to hit. Also ahead tonight, dramatic 911 calls from the friend of a North Carolina mother Nancy Cooper made hours after she disappeared. She of course has wound up dead. Could they help lead to her killer? Our "Crime and Punishment" report, next.


COOPER: We turn again to Hurricane Dolly targeting the Texas Gulf Coast. Let's go back to CNN's severe weather expert, Chad Myers with the latest -- Chad.

MYERS: Well, we now have a tornado watch for most of southern Texas because as you know, Anderson, hurricanes can bring small tornadoes on shore with them and then even inland that when you get the spin still kind of coming in there. This is the longest hurricane or tornado watch I've ever seen.

This goes until 10:00 o'clock tomorrow morning, like an 11-hour watch box. But that is what is going to be happening for the next few days. And this is going to be stalling, making off a lot of rainfall. The potential for tornadoes and even by 8:00 o'clock tomorrow night, this thing is only about 50 miles inland from Brownsville.

It does appear that this is going to go pretty much right over Brownsville, and it has been very dry across Texas. So there is Brownsville, there's Houston up there. And if you take a look from San Antonio almost to the Hill country, it's in exceptional drought.

And so I guess the rain at least has some place to go with this system. Here is the rainfall now. We can actually see this storm on radar. Typically we show hurricanes on the satellite because they're so far out there, they're radars won't go that far.

But this storm now visible by the radar and less than 100 miles from shore, should be covering land and coming on shore here, just south of Brownsville, probably somewhere between northern Mexico, 20 miles north or south probably of the Rio Grand exit there of the mouth.

And that's going to happen somewhere around 8:00, 9:00, 10:00 tomorrow morning. It could be a little bit earlier than that. But the forecast is for this to just slow down.

You think, oh, slow down, that's great. No, it isn't great because when it's slowing down, it's really going to start to slow down about here and that's when it's just going to rain and rain and rain.

There's 230 miles of levees here to keep the Rio Grand in its banks here from McAllen and almost all the way down to Brownsville. Many of those levees are in trouble already; some of the issues are coming out here from the emergency managers saying stay away from those levees.

They haven't really been used since Beulah, which was back in 1967 when a hurricane came on shore and stopped in west Texas. But they're definitely going to be used here. We don't think they're strong enough to hold back the waters. So stay out of the way if you are near them. That's what we're getting from the emergency managers down there.

A flood watch is in effect. Now a tornado watch in effect. Hurricane warning in effect. It's going to be one busy night and this is going to be one pounding storm, as this is just going to be pounding on shore for many, many hours overnight tonight -- Anderson.

COOPER: So it's going to be also just very slow moving once it gets on shore?

MYERS: Correct and that's the problem. I was just reading some of the discussions from the Hurricane Center. They said that our forecast, the Hurricane Center's forecast of 15-inch rainfall totals may fall far short of some of the rainfall total which means 20 -- what does that mean, 20, 25 inches of rainfall in one spot?

Well, if you can handle that. We saw what happened with ten inches in Iowa and down into the Mississippi River. This entire Rio Grand system is going to look just like that in the next few days.

COOPER: All right. Chad Myers, thanks for the update.

As Chad mentioned, South Padre Island along with the Texas Coast could take a direct hit. That's where Gary Tuchman is right now. Gary, what's the latest?

GARY TUCHMAN, CNN CORRESPONDENT: Anderson, conditions are deteriorating rapidly here on South Padre Island. South Padre is just east of Brownsville. This is the southern most beach in the state of Texas, literally four miles behind me is the Rio Grand River and the border of Mexico.

Here is the latest now from this barrier island. There's one bridge that connects this 34-mile-long island, half mile wide with the mainland. It's called the Queen Isabela Bridge. The bridge has just been shut down.

When the winds reach 45 miles per hour, not sustained but gust, police said they were going to shut it down and they have. So that means that all the people who have decided to stick it out with us in this island are here for the long run now. That bridge is going to stay shut.

There's no way to get to mainland Texas, no way to get to Brownsville, no way to get to the town of McAllen, Harlingen, the big cities on the other side of the bay. So we're here for the long run.

And here's the big concern, they are very worried about immense flooding here. In 2005, a hurricane brushed by this area, lots of flooding; same thing in 2003. And back in 1980, the last direct hit, Hurricane Allen, 115-mile-per-hour winds, killed two people. They had lots of flooding.

So very concerned that this very narrow island that has up to 200,000 people on summer weekends could get decimated by the water and also a concern four miles behind the largest big Mexican city, Matamoros, Mexico, a lot of concern that in that mountainous area they're going to have major catastrophic flooding also.

Anderson, back to you.

COOPER: All right, Gary Tuchman, it's going to be a long night. Thanks, Gary.

Up next, more breaking news -- new criminal charges against self- proclaimed polygamist and prophet Warren Jeffs.

Plus does the dark knight have a dark side? Batman actor, Christian Bale facing assault allegations involving his family. Strange story; details next.


COOPER: More breaking news tonight. Warren Jeffs, the jailed polygamist prophet and five of his followers have been indicted by a Texas grand jury. They've been investigating the sect following the raid on its compound in west Texas.

CNN's David Mattingly has more on these late-breaking developments -- David.

DAVID MATTINGLY, CNN CORRESPONDENT: Anderson, a grand jury behind closed doors in west Texas tonight coming out with some very public indictments.

Warren Jeffs, the jailed leader of the polygamist FLDS sect is now wanted in Texas for the alleged sexual assault of a child. Four other FLDS men are also indicted for allegedly assaulting girls under the age of 17. And a fifth follower is indicted on three counts of allegedly failing to report child abuse.

The Texas attorney general will not release the names of the men they are looking for but says he will do so once they are apprehended. This has all been building since that massive raid on the Yearning for Zion Ranch in West Texas back in April. Child welfare officials took more than 400 women and children into custody, alleging that girls as young as 13 or 14 were being married to adult and sometimes middle age men. Everyone was sent home, however, after the state appeals court said officials didn't have the evidence they need to keep the children from their parents.

Now apparently a grand jury believes there's enough evidence to arrest Warren Jeffs and his followers -- some of his follows. We know that back in May, DNA samples were taken from Jeffs as part of an investigation into allegations he had spiritually married several underage girls, one as young as 12 years old.

This new charge against Jeffs is the first against him in Texas. He's currently in jail in Arizona waiting trial for charges there. Last November, Jeffs was sentenced to two consecutive terms of five years to life in Utah after being convicted of two charges of being an accomplice to rape in connection with a marriage he performed in 2001, that involving a 14-year-old girl and her 19-year-old cousin -- Anderson. COOPER: So is anyone from the FLDS talking about this tonight? A couple weeks ago when this was happening, folks on that west Texas ranch suddenly became very media friendly.

MATTINGLY: The attorney who speaks for this sect tonight says it's still too early; he doesn't really know what to say about these new indictments. I've tried to reach out to some of the contacts I've had within that compound; haven't been able to reach anyone tonight.

But remember, Anderson, everyone believes that Warren Jeffs is -- at that sect, believes that he was wrongfully prosecuted, wrongfully arrested and wrongfully imprisoned and they believe their legal problems are the result of religious persecution. These indictments unlikely are going to change that.

COOPER: Yes, certainly not. David Mattingly appreciate the update. Thanks.

Still to come tonight, we're awaiting for another update on Hurricane Dolly, on the move in the Gulf of Mexico and headed for the Texas- Mexico border.

First though, Erica Hill joins us with a "360 News Bulletin" -- Erica.

ERICA HILL, CNN CORRESPONDENT: Anderson, terror in the streets of Jerusalem just hours before Barack Obama's arrival. A 22-year-old Palestinian crashed a backhoe into cars and buses, flipping some over, smashing windows. Five people were injured before he was shot and killed. This is the second attack using construction equipment in a month. In the first attack, three people were killed.

In London, "Batman" busted. Christian Bale, who stars in "The Dark Knight," is accused of assaulting his mother and sister at a hotel Sunday night. His publicist says Bales has not been charged and denies those allegations.

In Colombia, seating collapsed -- look at this; all around. It's a makeshift bullfighting ring. About a dozen people were injured. Amazing it wasn't more people actually. The bulls though running around during all of this as the makeshift ring of seats there collapses; a bit of chaos.

COOPER: That is unbelievable.

All right. Up next some shocking new details about the death of a 21- year-old black man tasered to death by a white police officer. Did racism play a role? Will the coroner's just released report lead to criminal charges? Should it? We're "Keeping Them Honest."

Plus - new developments in the murder of a young mother and new questions about the state of Nancy Cooper's marriage. We'll tell you what a friend said. You'll hear the 911 calls, a friend calling 911 about her disappearance when "360" continues.

(COMMERCIAL BREAK) COOPER: A story that could become the next Jena Six. It has taken a stunning turn. Tonight we have new information about the final minutes of Baron Pikes' life. The 21-year-old died six months ago after a Louisiana cop tasered him nine times.

Pikes was African-American, the officer was white. Until now we only had the police officer's side of the story, but the coroner has just released his report and it paints a much different picture of that deadly afternoon.

Drew Griffin of CNN's Special Investigations Unit is "Keeping Them Honest."


DREW GRIFFIN, SPECIAL INVESTIGATIONS UNIT CORRESPONDENT: Winnfield, Louisiana, is just a 45-minute drive from the small town of Jena, where nooses in a tree sparked racial outrage last year over black and white justice in this small Louisiana town.

Now Winnfield could be a new racial flash point. Attorney Carol Powell-Lexing says police racism led to a murder.

Do you think this is a cover up?

CAROL POWELL-LEXING, ATTORNEY: No doubt, no doubt. Nothing but a cover up.

GRIFFIN: Six months ago, a 21-year-old black man named Baron Pikes, a cousin of one of the Jena Six, Mychal Bell, died in police custody at the Winnfield Police Department. How it happened has officially remained a secret until now.

Coroner Ralph Williams has just released his findings. A white officer armed with a taser, he says, violated every Winnfield police procedure on taser use; ultimately killing a black man in handcuffs.

What is a man down on the ground handcuffed behind his back getting repeatedly shocked?


GRIFFIN: For months, police have said Pikes may have been on drugs, may have fought with police, may have somehow caused his own death. The coroner says none of it is true.

He wasn't on PCP?

DR. WILLIAMS: No, he was not.

GRIFFIN: He had no crack in his system?

DR. WILLIAMS: No, he did not.

GRIFFIN: He was a healthy man? DR. WILLIAMS: Yes.

GRIFFIN: He weighed 247 pounds. And according to the coroner, he was having trouble following police orders to get up. So officer Scott Nugent pulled out his taser, like this one, and fired.

DR. WILLIAMS: The first shot was fired at 1:37 p.m. And you have six shots fired by 1:40, okay? In three minutes or less than three minutes actually.

GRIFFIN: That was only the beginning. He was loaded into a patrol car and taken to police headquarters.

According to the coroner, when they got here to the police station, Baron Pikes now in the back seat, handcuffed, already tasered six times, wouldn't, or couldn't get out of the back seat fast enough for Officer Nugent. So Nugent tasered him again. Shot number seven is what they call a dry stun. The taser placed directly onto Baron Pikes' right interior chest and fired. And still it wasn't over.

DR. WILLIAMS: After he got the dry stun to the chest, he was thrown out of the car on the concrete and then electro-shocked two more times.

GRIFFIN: Pikes' family has hired Attorney Carol Powell-Lexing, who says race played a role in Pikes' death.

POWELL-LEXING: It is very important to stay vigilant regarding these type of cases on the injustice that is perpetrated on the disadvantaged.

LT. CHARLES CURRY, WINNFIELD POLICE DEPT: I don't see where race caused his death; I don't see where race caused this situation to start with.

GRIFFIN: Lieutenant Charles Curry is trying his best to diffuse racial tension, but he can't explain why a black handcuffed suspect was tasered so many times by a white officer.

The city council has fired Nugent. He's appealing. His attorney tells CNN the officer followed procedure.

PHILLIP TERRELL, SCOTT NUGENT'S ATTORNEY: He tried to untangle his arms after he was handcuffed, tried to pull him to the ground, repeatedly fell to the ground. The only thing he could have done other than just say we're going to let you go is either beat him or tase him. He did the right thing.

GRIFFIN: Any day now the district attorney here will decide if Officer Nugent did the right thing or if the death of Baron Pikes was a crime.

Drew Griffin, CNN, Winnfield, Louisiana.


COOPER: We'll continue to follow.

A quick program note, CNN's "Black in America" series debuts tomorrow at 9:00 p.m. Eastern. Over two nights, Soledad O'Brien takes a hard look at the myth, the fact, the stereotypes and the realities of being black in America. Wednesday, the focus is on black women and family and Thursday on black men.

Police in North Carolina today released a recording of a 911 call made by a friend of Nancy Cooper reporting her missing. Just ahead, what else she told police, could it help them find Nancy Cooper's killer? That's next on "360."


COOPER: Newly released 911 tapes may offer new clues on the murder of Nancy Cooper, a North Carolina mother of two small children, didn't show up for a planned meeting with her friend. A few hours later, her friend called 911. And as the tapes reveal, she felt there was reason to worry.

For tonight's "Crime and Punishment" report, here's "360"'s Erica Hill.


FEMALE CALLER: Her name is Nancy Cooper.

911 DISPATCHER: And what is her address?

FEMALE CALLER: Her husband and her are living together but they are in the middle of a divorce. She is -- okay. Hold on.

HILL: Shaken and upset, Nancy Cooper's friend calls 911 to report her missing hours after she failed to show at the caller's home.

FEMALE CALLER: According to her husband, when I called this morning about 9:00, he said that she had left this morning for a run, early. He believed with her friend Carrie but apparently she's still not returned. And the situation is just a little bit, she should have been here.

HILL: The woman had already called area hospitals thinking maybe her friend had an accident on that early morning jog. But Nancy Cooper wouldn't be found for another two days.

MALE CALLER: I'd like to report a body I found. I was out walking my dog.

911 DISPATCHER: You didn't go down to the body?

MALE CALLER: No, I can see it. It wasn't that far away.

911 DISPATCHER: Do you think she's beyond any help?

MALE CALLER: I think she's dead. I didn't see her move. My dog was down there sniffing and I didn't see any movement. HILL: Police say 34-year-old Nancy Cooper was murdered but won't say how. No suspects have been named. The couple's two children are now with their mother's family.

A judge awarded them temporary custody saying Cooper was unstable and posed a threat to his children. Bradley Cooper said he and his wife were having marital problems but Cooper's attorney maintains his client had nothing to do with his wife's disappearance.

SETH BLUM, BRADLEY COOPER'S ATTORNEY: He has been very, very clear with police; he did not kill his wife.

HILL: Police say Cooper has been cooperating so now Nancy Cooper's twin sister and family wait and remember a life taken too soon.

KHRISTA LISTER, NANCY COOPER'S SISTER: I have a bond with Nancy that no one in the world has. All I have to do to remember her is to look in the mirror.


HILL: Now while Carey police have not said, Anderson, how she died, they have not named a suspect. What they have said that's interesting is that they do not believe this crime was random.

COOPER: It's such a sad story.


COOPER: Time now for our "Beat 360" winners; tonight's picture, three customers check on the progress of their fish pedicure treatment at a nail salon center in Virginia. Apparently fish pedicures are the latest raves.

HILL: I don't know that I'm going to try one.

COOPER: It's the idea, I just find it -- apparently the fish serve as pumice stones and when they're done, there are no more calluses.

HILL: They eat your dead skin. Let's just lay it out there.

COOPER: Do you really have to spell it out like that?

HILL: I did. I did. I'm sorry.

COOPER: Isn't this cruel and unusual for the fish, frankly. This seems --

HILL: I haven't asked the fish but maybe we should.

COOPER: Anyway, our staff -- have you every heard of this?

HILL: No, I haven't.

COOPER: Our staff winner is Erica Hill with the clever caption: "Sure, it works but it's no Ped Egg." Our viewer winner is Mike from Syracuse, New York. His caption: "If you think this is weird, wait until you see how they do the perms."

HILL: I can see that you were impressed with my Ped Egg comment.

COOPER: I know. I like the Ped Egg comment.

HILL: That's good. I would like to update you on the fact that I believe as the "Beat 360" tally stands, it's Anderson, 1 last week; Erica, 2.

COOPER: Ok, you're far ahead.

HILL: Fire it up there.

COOPER: But we all bow down to Joey.

HILL: We do. That's true.

COOPER: Congratulations, Mike. Your "Beat 360" t-shirt is on the way.

You can check out all the entries on our blog,

That does it for this edition of "360". Thanks for watching. "American Morning" starts now. Have a great day and I'll see you later tonight.