being a gejournalist, loved bei a journalist, loved his family and maryland basketball. that sums up the man we all knew. breaking news that could change everything in the white house battle. health care reform. call it the nuclear option. after negotiating with republicans, conservative democrats, seemingly themselves over parts of a plan. the administration could be gets closer to a very big change. namely crafting a health care bill and trying to ram it through the senate even if it pass by a single vote. this coming, of course, after taking on town hall, over things not part of any plan. the white house seemed to back away from the so-called public option and government-provided insurance alternative. now it seems they may be considering tough moves. ed henry has solid sourcing in the white house and capitol hill. so does dana bash.

first ed. >> reporter: the key is there no no final decision. top democrats close to the white house are saying they are actively considering the possibility of doing a go it alone strategy. a budget maneuver. obscure. known as reconciliation. they would need a simple majority. get 51 votes instead of 60 votes. republicans would scream this is a power grab. white house officials are lays the groundwork saying we've been working with republicans for month. they don't get something done in the next few weeks we're going to have to take drastic measures. as one top adviser put it to me, if we have to push it through this way, no one is going to remember how messy it was. at the end of the day they'll remember we got health care reform done. a win is a win. that's what people are going to remember. if will be messy. if they have to do it, they think people will forget about the process and remember the substance, anderson. >> do we know what that means for, for instance, the public option? is this a way of guaranteeing

that? >> this makes it more likely there would be a public option but does not guarantee it. obviously if the democratss dont need to win over as many conservative democrats and win over conservative republicans it would mean it's more likely there would be a public option. everything is on the take and potentially off the table right now. a lot of horse trading going on. >> dana bash skrojoins us on th phone. what are you hearing from your sources? >> what i've been hearing jives with what ed is saying. from administration and hill sources on the democratic side, that they are saying that they believe more and more that republicans -- lead republicans negotiating, negotiating for months, are not serious and are not as serious as they were about really having a robust bipartisan deal. that is because of comments they say that chuck grassley has made over the past couple of days

suggesting he's not really in negotiations. he's just in talks and comments saying that if he can't get more than four republicans it's going to be tough. that plus comments from another senate republican just today, anderson, jon kyl, number two republican, with the idea any kind of health care reform at all. all thosatione taken together, signal they'll have to do this with democrats alone. republicans are saying democrats are using that as an excuse. maybe republicans are giving them one to try to push forward without them. >> ed henry if this is true and under consideration, it seems a far cry from what we were hearing from kathleen sebelius, from the president, himself, from robert gibbs when they were talking about the public option being one of several things. the key thing is competition and choice. to go from that to suddenly moving forward just ramming this

thing through seems like all day today they've been saying nothing is changing. it seems like a lot as changed. >> you're right. here is the reason why -- that's exactly the reason why they're not pulling the trigger tonight on this. over weekend it was about the president shows flexibility on saturday night at the town hall by saying maybe there won't be a public option. kathleen sebelius also leaving the door open. though she didn't close the door. she left the door open. that was about trying to bring in kent conrad, a conservative democrat like ben nelson, show flexibility. if they ram this through with the procedural motion, that will close that door and conservative democrats will be angry. what's this all about this weekend was showing flexibility, giving conservative democrats and moderate republicans a couple more weeks through the end of this recess. the key time frame will be mid-september when congress comes back. they're going to let it go by then. if there's no movement by then

that's when they would pull the trigger. >> it really is curious. today, senator chuck grassley, lead republican trying to -- been in the room trying to negotiate something, he revealed in a private meeting with the president he's the one who suggested that the president should, public, you know, he could go for a bill that doesn't have that government-run health care option. you have so much of this maneuvering going on and it would seem on the one hand as if somebody like chuck grassley, that republican, could stay on board because of what the president said. just like ed is saying, i mean, the key here that we have to remember is it's not just about republicans. it is the question about what you do to these conservative democrats. there are so many of them. many more than i think people realize. members of the president's own party who don't necessarily agree with the core approach of that public option. those are the -- that's the tough part for the white house

right now. >> could get rough. dana bash, ed henrys appreciate the reporting. more on the raw politics with gop consultant, a key figure in the opposition to the white house reform effort. roy seakauf, former editor of "the huffington post." is this wise for the white house to choose this option? >> it's actually very good news. the only thing they've been consistent with is their inconsistency. as they were reporting, right, sebelius, walking back the things she said this weekend. this has been going on for months. remember in july when obama was in russia, rahm emanuel floated the trial balloon of no public option and obama had to walk it back all the way from russia which was far. sarah palin could see it from her porch. this is very good news. this is what people have been waiting for, progressive have been waiting for the president to make a strong move and say this is what i'm for, i'm drawing the line in the sand and there will not be a legislation i will sign if it doesn't have a

public option, the right to negotiate prevention. really clear signal. >> alex, this is something president bush did on several things. is this wise for president obama to do? >> it still doesn't solve his political problem. he may have drawn a line in the sand. sand shifts. they misplayed their hand politically here. you don't give up your big negotiating chip before crow get to the negotiating table. that's what secretary sebelius did this week saying they might be willing to give up the public plan. the left wing of the democratic party went up in flames. you know, the worst thing that an incumbent president can have running for re-election is the primary from the wing, a loss of support of enthusiasenthusiasm. barack obama is trying to recoup his political chips. we'll have to see if this means he's not willing to throw the government-run plan under the bus. the problem is not republicans. he has 60 votes in the senate. he says the government-run plan is so unpopular he says, i'll

take 50 vote and give democrats cover. a lot of democrats are going to have tough political races in 2010. barack obama won't be on the ballot but this health plan will be. >> for progressives, is the public option clearly not something that can be negotiated away? >> there is no real reform without the public option. the democrats are seeing is alex is right. this could be a losing issue in 2010 if it gets riddled back to the point when it's reform only in name. at that point it won't work without real reform and the republicans will use it in 2012 and say the government can't do anything right. it's a key issue. the base is in danger. there's a story in "the new york times," if you saw, that the grassroots people are not rising up. obama's grassroots effort is not rising up on this issue. they've been so unclear about it. people are not going to leave their houses to knock on a door

to pitch something they're not clear what it is. >> this is a very different obama than we saw on the campaign. obama of the campaign is there's no red america, no blue america, no republican, no democrat, there's one america. tonight, if what we're hearing is correct, if he does say we're going to cling to the public plan, government-run plan, no matter what he's saying, blue america wins. i'm the president of that america. this government-run plan doesn't have the support in the middle. he's losing democrat support in the senate and thinking of trying to jam this through quickly with 50 votes. >> roy, do you think this is really something they would go ahead with? do you think they're trying to float this idea to put pressure on people to come to an agreement? >> today gibbs said they hadn't decided whether they were going to stop negotiating with the republican cans. all of the signals were sent. kyl saying he wasn't going whip up votes. grassley saying he might not

support the thing he was negotiating for. the signals were there and they were saying they weren't sure. when would they be sure? when the support dropped to 29%? i think this is something they're putting out there maybe as a threat they could pull back. i think it's a smart move. >> going to leave it there. alex, go ahead. >> anderson, a lot of democrats around town were saying if we're not going to get a government-run plan, the holy grail of the democratic party, then why did barack obama burn up 20 points of political capital? why did he spend six months, see job ratings drop from the 70s to the 50? we could have done this six months ago. i think he's got to get those chips back on his side of the table. if he needs them at the end, we'll see. i think it's still in play. >> appreciate it. a lot more happening tonight on health care. more including michael jackson's doctor speaking out for the first time. randi kaye joins us with a quick preview. >> lot going on. it had been nearly two months since michael jackson died. for the first time tonight his

personal physician who was at his house when he suffered cardiac arrest is talking. it was not an interview but a taped video statement released on the internet. we'll play that video in a few minutes. judge for yourself that he, quote, told the truth. he is the central figure in an investigation focused on manslaughter and killer cocktail of drugs. new tonight, michael jackson will finally be laid to rest. the details on when and where. >> more online at ac360.com. join the live chat. talk to others viewers around the world and the united states under way. up next, back to health care. "360" m.d. sanjay gupta taking the questions you've been sebding into our site. evidence who may have hired the ninja-clad assassins to murder byrd and melanie billings.

this is my verizon small business specialist, tom. now, i know the catering business but when i walked in here i wasn't sure what i needed. i'm not sure what i need. tom showed me how to use mifi to get my whole team working online, on location. i was like, "woah". woah ! only verizon wireless has small business specialists in every store to help you do business better. you're like my secret ingredient. come in today and connect up to five devices on one 3g connection. now only $99.99 but i did. you need to talk to your doctor about aspirin. you need to be your own advocate. be sure to talk to your doctor before you begin an aspirin regimen. you take care of your kids, now it's time to take care of yourself. that can take so much out of you. i feel like i have to wind myself up just to get out of bed. then...well...

i have to keep winding myself up to deal with the sadness, the loss of interest, the trouble concentrating, the lack of energy. if depression is taking so much out of you, ask your doctor about pristiq®. (announcer) pristiq is a prescription medicine proven to treat depression. pristiq is thought to work by affecting the levels of two chemicals in the brain, serotonin and norepinephrine. tell your doctor right away if your depression worsens or you have unusual changes in mood, behavior, or thoughts of suicide. antidepressants can increase suicidal thoughts and behaviors in children, teens and young adults. pristiq is not approved for children under 18. do not take pristiq with maois. taking pristiq with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. tell your doctor about all your medications, including those for migraine, to avoid a potentially life-threatening condition. pristiq may cause or worsen high blood pressure, high cholesterol, or glaucoma. tell your doctor if you have heart disease... or before you reduce or stop taking pristiq. side effects may include nausea, dizziness and sweating.

(woman) for me, pristiq is a key in helping to treat my depression. (announcer) ask your doctor about pristiq. we began the hour with breaking news on health care reform where the white house could be getting ready to stop trying to win republican support or conservative democrats and instead push it through the senate with 51 votes. let's turn to "360" m.d. sanjay gupta. he has been gathering your questions about health care at ac360.com. it has been a busy day. sanjay, our first question is from shatika who asks what would a potential public option actually cover? >> your primary care. your emergency care.

there would be several levels of care as well. you'd have a basic plan, an enhanced plan, a premium plan, a premium-plus plan, all of these at different rates, different premiums. what is important which is your point not everyone is eligible to be covered under the public option. imagine the situation's like this. you are uninsured. you go to an exchange, a health exchange and look at the options including a public option. unless you -- if you don't have access to private insurance or medicare or medicaid you might qualify for the public option. you can't have premiums that are less than 11% of your total income as well. that's a lot of numbers to throw at you. keep in mind not everyone will qualify for the public option. >> janet wants to know how does the plan focus on prevention? >> this is a great question, something we have been hearing since the beginnings of the discussions about health care reform. some of the specifics are

there's a senate finance committee is going to give funding to the states to try to come up with innovative programs for health and wellness. the house committee is going to come up with national strategies to make us a healthier country overall. it makes sense to keep someone from getting sick in the first place. that mine mean for a woman out there who has diabetes, she might be able to get blood sugar checks in her home as opposed to coming to the e.r. with blood sugars out of control. other people say it is hard to legislate good behavior. people have fantastic insurance and access to everything in the world and are not good at taking care of themselves. how exactly it will play out is hard to tell. >> dottie says how will the reform effect people on medicare and medicaid? >> these are great questions. first of all, what we're hearing from the white house, from the president specifically is there should be no impact on the overall services provided by medicare or medicaid. having said that you hear hundreds of billions of dollars of wasteful spending of medicare will be eliminated. what people are worried about is

if you are cutting money from medicare at the same time a population is getting older, how is that going to work out? are you going to cover everyone on medicare the way it is covered now? fewer than 10% of people on medicare say they have had a bad experience with medicare. most of the people are generally satisfied with the way things are now. two more points. it's likely under the health care reform we're hearing about, medicare and medicaid would likely get bigger. medicare may allow people between the ages of 55 and 64 to buy in at full cost. medicaid may raise the income level at which you qualify for medicaid. possibly expansion of both those governmental programs as well. >> sanjay, appreciate it. a lot more ahead. the local sheriff with new evidence on the murder of byrd and melanie billings. later more on the jackson case. details on the burial, a new lawsuit and his doctor speaking out for the first time. >> please, don't worry. as long as i keep god in my

heart and you in my life, i will be fine. new centrum ultra women's. a complete multivitamin for women. it has vitamin d which emerging science suggests... supports breast health... and more calcium for bone health. new centrum ultra women's.

tonight we are hearing a new voice in the michael jackson story. for the first time the singer's doctor, conrad murray, speaking out in a youtube video. we're going to tell you what he's saying coming up. erica hill, "360" bulletin. robert novak is being remembered tonight as a washington institution and a staunch id ideologue who embraced the nickname the prince of darkness. bob novak was 78. a new u.s. intelligence report describes how venezuelan president hugo chavez is shutting down privately owned media outlets. the report points to the recent closure of three dozen privately owned radio stations and law to punish so-called media crimes.

the radio station shut downs and the media crimes law are not related. for the first time ever the u.s. army planning to require its more than 1 million soldiers take intensive training in emotional resiliency. translation here, they're getting help dealing with stress. according to news reports the program is meant to improve combat performance and also stem the mental health problems plaguing a fit of troops returning from iraq and afghanistan. the first season of the 2009 atlantic season, bill, is a major category 3 storm packing sustained winds near 125 miles per hour. the good news, forecasters say that storm poses no danger to the united states. >> that's good news, indeed. the season has begun. ahead on "360," junk science. is it putting innocent people in prison and letting criminals go free? tonight a "csi" reality check. more from dr. conrad murray, jackson physician telling his side of the story in a videotape message and insisting the truth will prevail.

people think that honda is always the most fuel efficient choice. well, this chevy cobalt xfe has better highway mileage than a comparable honda civic. this chevy traverse has better mileage than honda pilot. the all-new chevy equinox has better mileage than honda cr-v. and chevy malibu has better mileage than accord. however, honda does make something that we just can't compete with. it's self-propelled. there's never been more reasons to look at chevy.

we are fast approaching perhaps the most dangerous moment in afghanistan since american forces went in. 60,000 americans in harm's way with the taliban trying to make it a bloodbath. they hit a road killing eight, wounding more than 50. among the dead, one soldier, two afghans working for the u.n. today, a rocket attack on kabul's presidential palace. no injuries reported in that. two american troops were killed in eastern afghanistan. three afghans blew up a checkpoint. remember the purple fingers the iraqi voters got? in afghanistan they are planning to do the same. the taliban is threatening to

chop those fingers off. high stakes all around. joining us, national security analyst peter bergen, spent a lot of time in the nation, michael ware as well. the taliban made it clear they are going to interview with the election. how effective have they been, do you think can they be? >> they have been somewhat effective. up to 10% of the polling places are not going to open because of taliban intimidation. these kinds of attacks -- i was just in afghanistan talking to folks there, a lot of people advising their families not to vote if they live outside kabul because they're concerned either on way to the polling station or coming out there of they'll be subject to attacks by the taliban. >> michael, the fact they did a rocket attack on the presidential palace, what does that say? >> i think it is symbolic more than anything. it wasn't effective. we have seen attacks in the capital, kabul, before. on that same jalal-abad road, i've witnessed an attack.

to some degree it's not new but it's timely. it is a reminder. the taliban is using the power of perception to intimidate voters. i don't believe their power to effectively stop the elections exists. but can they disrupt, can they spoil in certain areas? can they cast a poll over it? that is possible. >> peter, how is the battle where marines are now fighting, how is that going? >> well, i think, according to the spokesmen for the marines in the south, the battle is, you know -- they haven't necessarily encountered a large numbers of the taliban. i mean, the taliban had plenty of notice to leave. there have been spots where there has been intense fighting. we have seen the taliban mounting attacks in the north. clearly the taliban have a strategy if they know there is going to be large attacks by u.s. forces in the south they will try to mount other attacks in the north and now as we've seen in the capital. >> from your perspective, michael, how do you see the battle? >> i think the battle has only just begun.

if you look the map of the marines and the brits are targeting, that's tell heldman province. that is part -- it is classic insurgent tactics. if you face overwhelming forces, you pull back to fight and wait for another day. >> the fact the border is porous makes that easier? >> absolutely. the lines of communication, the supply lines in and out of pakistan remain intact. just in that one province alone, heldman, 4,000 marines have gone in. they are not halfway through the province yet in terms of taliban concentration. there is a long way to go if anyone thinks we can take heldman province. >> peter, do we know, is karzai expected to win this election? >> yes. he may lose the first round. has to have 50%, in which case

it goes to the runoff and he'll most certainly win the second round. he could win the first round. i predict that's quite possible. in the most recent poll he was getting 44%. he needs 50%. he has allowed the return of a warlord, uzbek warlord who controls 10% of the vote. that might put him over the 50% mark in which case it is only one round. >> michael, what does a karzai victory mean for america? >> well, for america this is a very complicated election. karzai has been an ally of america. he's relied on america. he failed to deliver for america. his government by definition of any afghan government is a hodgepodge of warlords with an administration riddled with corruption. the fact that he named dusdum to push him over the line, he is being investigated by the obama administration for crimes against humanity. >> there's allegations they took part in mass executions. >> the taliban during the u.s. invasions.

that is the nature of afghan politics. i will tell you, this is an election where u.s. strategic interests have very little to gain but are risking a lot or could have a lot to lose. >> peter, can one put a timetable on this war in afghanistan? >> anderson, i think there is a political timetable in the united states and nato country which is probably about a year. if there isn't progress being made, already 54% of americans think the war was a mistake, according to a recent poll by cnn, it was only 9% in 2002. the american public is getting increasingly skeptical. 51 house democrats voted against funding for the war back in may. the republicans are going to make an issue of this if progress isn't happening. the midterm elections in 2010 gear up. the political timeline is about a year. to get afghanistan on track to

stability and relative prosperity is going to take longer than a year. >> peter bergen, michael ware, thanks very much. as always. a lot more at ac360.com. peter bergen's dispatch on the taliban titled "hardly winning." new information raises so many questions. join the live chat at ac360.com. the latest on michael jackson story. his doctor, conrad murray, speaking out for the first time, why now? why on youtube? you can guess that. junk science in court. convicting innocent people. "csi" is a fantasy. reality, a lot of these things are not precise and down right pho phony. meet a man who spent half of his life in prison because of shod dri. mom vo: my job is to give him everything he needs to succeed, while staying within a budget. mom: that's why i go to walmart.@i son: and that's how the to succonstitution helped shape america... mom: i love my job. vo: find all the brands those other stores have but for low walmart prices, like dell, hp and toshiba.

vo: save money. live better. walmart.

tonight the doctor at the center of michael jackson's death investigation is speaking out on camera for the first time telling he says the truth about what happened. well, telling very little about it. dr. conrad murray was jackson's primary physician. he is the subject of a possible manslaughter case and allegedly gave jackson a powerful

anesthetic within the last 24 hours of his life. murray has kept a low profile since jackson's death. today that changed. randi kaye has an upclose look. >> reporter: it may be just 60 seconds long, but that's long enough for michael jackson's doctor to say he told the truth. >> i have done all i could do. i told the truth and i have faith the truth will prevail. >> reporter: dr. murray has been interviewed twice by investigators. this is the first time since his star patient died back in june he is speaking out publicly. the doctor was at jackson's beverly hills mansion when he stopped breathing. and is at the center of the investigation into the star's death. his lawyer's office, says, quote, he's under siege with threats and has a bodyguard 24/7. >> because of all that is going on, i'm afraid to return phone calls or use my e-mail. therefore, i recorded this video to let all of you know i have been receiving your messages. >> reporter: a source with

knowledge of the investigation told cnn that dr. murray gave jackson the powerful sedative diprivan, also known as propofol, within 24 hours of his death. that anesthetic which investigators believe killed him is not supposed to be used outside a hospital setting. there is no mention of michael jackson or his treatment on the video. a spokeswoman for dr. murray's lawyer says the video was recorded last night inside a houston home. dr. murray did not write it but it was his idea to record it. she told me that dr. murray's lawyer gets 20 to 30 calls a day from patients, even strangers, asking him to tell dr. murray they love him and are praying for him. dr. murray's clinics in houston and las vegas have been searched by federal drug agents. his vegas home was also searched. >> your messages give me strength and courage and keep me going. they mean the world to me.

please, don't worry. as long as i keep god in my heart and you in my life, i will be fine. >> reporter: but there is more. dr. murray may be the target of a wrongful death lawsuit brought by the jackson family. the family's lawyer said the idea has been, quote, floated, and that dr. murray and even jackson's tour promoter, aeg, could be named. dr. murray's lawyer's spokeswoman said we are asking people to reserve their judgment until we have some definite ruling on what killed michael jackson. at aeg a spokesman told me he was not aware of any lawsuit. dr. murray was not an aeg employee but was handpicked by jackson to treat him on tour. he was to be paid $150,000 a month. money from the tour's budget that had been advanced to jackson. the singer died before dr. murray ever saw a penny.

>> randi joins us now. i guess him going on youtube is a way to get his voice out there without being asked me questions. >> right. this is for his supporters and former patients. his clinics are temporarily closed. really, his team, his lawyer and the team behind him right now is trying to show his softer side. they've told me over the months since jackson's death they've been trying to find a way to get him out there and show another side of him instead of him painted as this monster. >> without anyone asking him tough questions. >> right. clearly he is using a teleprompter. what's interesting here, he didn't apologize. he didn't admit to wrongdoing. he said he told the truth, probably to investigators, but he didn't finish that sentence. we've seen this before. his star patient, michael jackson, came out at the height of the child molestation trial and used the internet and put out this video. we've seen it with other celebrities. this is one way of reaching people. >> i'm not sure how many favors he did for himself. i'm not sure how effective the communication was. >> i'm not sure either. >> burial plans.

i was stunned. i thought michael jackson had been buried somewhere. >> turns out the family has now confirmed he hasn't been buried yet. they will bury him a week from saturday, august 29th, his 51st birthday. a private ceremony with family and close friends. it will be at forest lawn glendale. >> and 100 helicopters. >> exactly. and media trucks. this cemetery is about 15 minutes from the forest lawn hollywood hills where he's been until now. there are a lot of celebrities there. that's one reason why he might be buried there because the cemetery is used to media and having a lot of celebrities there including hemp fri bogart, sammy davis jr., clark cable, jimmy stewart, walt disney is buried there. pope john paul ii visited there. ronald reagan got married there. 60,000 people got married there. it is quite an attraction. i'm sure people will look to find where michael jackson is buried.

>> randi, appreciate it. thanks. staying on. of it. up next, the danger of dna. forensic science put this guy behind bars even though he was apparently innocent. how could it happen? we'll show you. also live with dr. sanjay gupta. he takes us inside a crime lab for behind the scenes look of the reality of csi. we even bothe osteoporosis. but we're active. especially when we vacation. so when i heard about reclast, the only once-a-year iv osteoporosis treatment, i called joni. my doctor said reclast helps restrengthen our bones to help make them resistant to fracture. and reclast is approved to help protect from fracture in more places: hip, spine, even other bones. (announcer) you should never take reclast if you're on zometa, have low blood calcium, kidney problems. or you're pregnant, plan to become pregnant or nursing. take calcium and vitamin d daily. tell your doctor if you develop severe muscle, bone or joint pain or if you have dental problems, as rarely, jaw problems have been reported. the most common side effects include flu-like symptoms, fever, muscle or joint pain and headache.

nothing strengthens you like an old friendship. but when it comes to our bones, we both look to reclast. you've gotta ask your doctor! or call 1-866-51-reclast. year-long protection for on-the-go women.

a stunning new development

in forensic science. and it could be a major setback for prosecutors and police. researchers in israel said they could engineer dna and place the fake sample at a crime scene. if true, it could be a remarkable development. it is also a troubling one. dna has been used to exonerate hundreds of people wrongly convicted. tonight as we begin a series of reports on forensic science, junk science often, we have a story how it put an apparently innocent man behind bars for decades and how a crime lab in texas was allegedly responsible. gary tuchman with tonight's "crime and punishment report." >> reporter: this is ernest sewn area's first day of freedom. behind bars since 1986 for a kidnapping and rape. are you angry ernest? >> i'm angry, but i'm not, you know -- i forgive, though.

i forgive but i won't forget. >> reporter: sonnier is angry because he said he was innocent. once dna testing became possible he wanted authorities to examine the genetic evidence. now all this time later they agree. the dna indicates sonnier did not commit this crime. you've heard this time of story before, but get this. he is the sixth prisoner free a victim of shoddy work by the same laboratory run by the houston police. >> the houston crime lab is ground zero for everything that has gone wrong. >> reporter: barry scheck is the co-director of the innocence project working to exonerate wrongly convicted people. the group took on sonnier's case. >> there were numerous balances where analysts misreported their result ors hid ex-pulp toir results. >> reporter: add to that a leaky roof and tropical storm that flooded the lab in 2002 and they

earn the label junk science. >> past problems they had were unconscionable. >> reporter: the local district attorney wants a county lab to take over duties of the troubled city police lab. >> it is absolutely vital we have an independent crime lab. >> reporter: the victim in this case was kidnapped at an old gas station which used to operate on this corner. the victim identified sonnier. the hair was supposed to have been found in the car. the dna commits two other men committed the crime. the authorities know who they are, felons who are no longer behind bars. junk science not only wrecks the life of someone like ernest sonnier but harms us the public. the person or persons who kidnapped the victim from this lot nearly a quarter of century ago have never been health accountable. will the authorities re-open the case and prosecute? the answer is no because the

statue of limitations has expired. how does it make you feel the two people the dna implicated in this particular case can't be prosecuted for this case? >> because of the the statute of limitations it makes me sick. >> reporter: what is that? >> it's the monitor. >> reporter: for now sonnier wears that monitor so his whereabouts can be tracked. he still hasn't officially been exonerated. the d.a. says more investigation is necessary before he is officially cleared. but -- >> if more existed now when he was tried, he never would have been indicted for that. >> reporter: the same dna evidence has been available for a long time. why was it never looked at? >> there was no mechanism. >> reporter: now there is. every conviction using dna evidence is being reviewed in houston's harris county. hundreds of cases. the wrongly convicted will go free. the correctly convicted will stay where they belong. gary tuchman, cnn, houston. >> so scary.

so how does this happen? do juries and the criminal justice system put too much faith in forensic science? let's get "csi" facts from cnn's sanjay gupta joins us now. we had jeffrey toobin on who said it was the gold standard. >> it is. the chance of being inaccurate is 1 in 10 trillion. there are 6 billion people on the planet so it is the gold standard. there are problems. if it is improperly collected, old, contaminated in the process it throws everything into question. there are lots of different steps to make it accurate if you can dot all those is, cross all those ts, it would be a good example. >> this person was convicted because of hair on the victim. they weren't his hairs proven by other dna testing. >> that is remarkable. i was at a lab like this today looking at hair samples. in fact, adds part of this anderson, had my own hair tested

trying to figure out, could they make a correlation between hair from different parts of my head? it was more difficult for them than i would have thought. they needed lots of hair to do it first of all. second of all, hair can be different from different parts of your head and different amounts of pigment. it is hardly ever used in isolation. it sounds like from gary's piece, maybe it was in this case, it shouldn't be. it should be used as part of a broader investigation, other evidence at the scene and if you have dna to try to use that. >> some of the labs are under tremendous pressure and frankly own up to the job or don't have enough resources or shoddy equipment or shoddy facilities. >> i was talking to some of the investigators today, 100 investigators handle 600 cases a year. each case is day and days of work. i can tell from a macro standpoint there is a lot of work for any investigator. what i did sense talking to these investigators is there are specific pieces of data, whether it be hair or fiber analysis, looking at ballistics or gun

powder or even dna. that unless they are positive they are not going to put that forward. it is hard to get irrefutable evidence. again, anderson, besides the first question you asked with a dna sample. >> we are learning ballistics testing is not as accurate, bite mark testing. the same kind of thing. you're putting together this piece for tomorrow night on crime labs. you're going to show us how they work, what they're up against. >> yeah, it was really interesting for me. i hadn't seen some of this before. you mentioned ballistics, how does that work? we had someone fire the gun, look at the bullets trying to figure out what are the fingerprints inside the barrel of the gun? how does that work? we looked at hair and fiber analysis under the microscope. i'm going to show you how they figure out what is known and unknown and try to correlate those things. as you mentioned, dna analysis. it is the gold standard. where can it go wrong? we go in the lab and see that firsthand. >> all right. cool. we look forward to it.

dr. sanjay gupta. if you want to follow stories we're following, text alert to 22360. remember standard messaging rates apply. up next, speaking out, the bollywood star upset over how he was treated in the u.s. what he went through sparked massive protest in india. fans taking to the street outraged at america. what this is all about coming up. having trouble parallel parking. wait until you see what this kid can do. lower your

bad cholesterol but your good cholesterol and triglycerides are still out of line? then you may not be seeing the whole picture. ask your doctor about trilipix. statin to lower bad cholesterol, along with diet, adding trilipix can lower fatty triglycerides and raise good cholesterol to help improve all three cholesterol numbers. trilipix has not been shown to prevent heart attacks or stroke more than a statin alone. trilipix is not for everyone, including people with liver, gallbladder, or severe kidney disease, or nursing women. tell your doctor about all the medicines you take and if you are pregnant or may become pregnant.

blood tests are needed before and during treatment to check for liver problems. contact your doctor if you develop unexplained muscle pain or weakness, as this can be a sign of a rare but serious side effect. this risk may be increased when trilipix is used with a statin. if you cannot afford your medication, call 1-866-4-trilipix for more information. trilipix. there's more to cholesterol. get the picture. coming up, kids behind the wheel driving with gusto. well, until police intervened. that's tonight's "shot." erica hill with a 360 news and business bulletin. anderson, some good news for a change from detroit. we'll stick to cars for a minute. gm bringing back hundreds of assembly line workers to make 60,000 vehicles, most fuel-efficient cars. demand driven by the cash for clunkers program. that helping to fuel a rally today on wall street. a "360" follow up. new details in the florida murders of melanie and byrd billings.

court documents review the alleged mastermind was hired by car dealers to, quote, whack byrd billings. one of the couple's 13 children, a 10-year-old with special needs saw his father murdered. we had the local sheriff booked but unfortunately technical difficulties got in the way. we will continue to follow the story. the university of pittsburgh saying no thanks to a gunman's blood money. george sodini the fitness club killer you may recall. he left the alma mater a quarter million dollars. the university releasing a statement saying the money should benefit the families of the victims instead. an indian movie star stopped at a newark airport said i'm making fewer visits to this country because of it. he asked people to lay low and calm down. saying it wasn't that bad. the questioning was humiliating but wants people to back off.

but may make fewer visits here. >> he was here to promote a movie he made about racial profiling about muslims in the wake of 9/11 and gets detained more than an hour at the airport. >> yeah. time for "beat 360." a challenge for viewers to come up for a caption for a photo on the blog every day. tonight's picture, oops, dropped something. vice president biden and secretary of state clinton listens to president obama meets with mubarak. staff winner tonight. rick, i would have put the desk over there the lamp over there, the mini bar here. our viewer winner, billy from west virginia. his caption, hello, awkward, i would like to introduce you to my friend uncomfortable. someone stopped me and asked me how they can get a beat 360 t-shirt. >> you said you have to win. >> no really, how do i get one? i was like, you really have to win. the only way to do it.

>> just because you're anderson cooper and it's show you can pull strings? >> i said, i don't have one and they said, yeah right. it's true i don't. >> that is because you don't want one. there will be one on your desk when you get here tomorrow morning, you mark my words, cooper. just ahead on "360," michael jackson's doctor speaking out for the first time since the death. posting a video on youtube to get his side of the story across without answering tough questions. we'll show you that video. a pint-size driver who can parallel park a car like no one us's business.

my health is important to me. it's critical that i stick to my medication. i cannot be one of the 61 million americans who do not refill their prescriptions on time. readyfill at cvs pharmacy automatically refills my prescriptions and reminds me to pick them up. you mean, reminds me to pick them up. [ chuckles ] stop by your local cvs pharmacy to ask if readyfill is right for you, and get a $25 coupon book. readyfill, only at cvs pharmacy. how about a swim? i'm a little irregular today. don't you eat activia? for my little issues? they're not that bad. summer's no time to put up with even occasional digestive problems. believe me, once they go away, it's amazing how good you feel. announcer: activia is clinically proven to help regulate

your digestive system in two weeks. summer's a wastin'... take the activia challenge now. it works, or it's free. ♪ activia good choice. only meineke lets you choose the brake service that's right for you. and save 50% on pads and shoes. meineke. erica, for "the shot" we found another kid in a car. on the website funnyordie.com.

we don't know how old he is or where he is from. the video tells the story. take a look. >> nice parking, bud. >> i love it. >> did you take a picture of it? >> i did. nice job. >> i like that. i wish i could do that well. >> that reminds me remember the kid maybe a month ago who went for a joyride, 7 years old? >> oh, yeah, yeah, yeah. >> this little guy. i think this is him. >> i never saw this. >> maybe you were away. >> a little kid in utah led police on a car chase. it turned out he didn't want to go to church so he took the car and hit the road. >> someone was videotaping him? while he was driving? >> i think this is a digit one. this is not the one we were planning to play. this is a totally different kid. >> that is not the kid fleeing from police. >> that looks like this child is

encouraged by older members of his family to drive. we don't endorse that at "ac 360." >> we don't approve of that. >> if you're taking the car to get away from sunday school, that's a totally different story. if your mom is in the car -- >> enjoy. interpret as you will. i like how everyone was digitized in that video. >> just in case no one could be incriminated. >> let's show this one again, shall we? >> yeah. >> there you go. my favorite is still the kid coming home from the dentist, high as a kite. remember that one? >> oh, yeah. his poor dad took some flak for that. >> i know he did. you know, the kid -- >> apparently the kid is fine. >> the dentist lost his license. no, he didn't. coming up at the top of the hour -- stop me before i get in trouble. breaking news on health care reform. is the white house going to go nuclear and health care reform

and adopt no strategy and just ramming it through? the latest from our washington correspondents coming up.