peter, paul and mary has died. she was 72. had been battling leukemia. the group was an early champion of bob dylan and made music known for its political influence. sad. anderson cooper is next. "360" right now. anderson? good evening. we are following two breaking stories tonight, first out of california. a discovery involving phillip garrido, the man accused of kidnapping jaycee dugard 18 years ago and holding her captive in his home. late word police conducting a search have found bones on his property as well as an adjacent property. in addition to the investigation of jaycee dugard's kidnapping, he's the focus on a new investigation, authorities seeking evidence too connect him to two other child abductions. more on this story in a moment. we begin with the other breaking report tonight. new comments by former president jimmy carter about his belief

that racism is fueling much of the anger at president obama. he said it is being driven being mr. obama is a black man. tonight in atlanta, he pressed the point again. listen. >> when a radical fringe element of demonstrators and others begin to attack the president of the united states of america as an animal, or as a reincarnation of adolf hitler, or when they wave signs in the air that said we should have buried obama with kennedy, those kind of things are beyond the bounds of the way presidents have ever been accepted. even with people who disagree. and i think people that are guilty of that kind of personal attack against obama have been influenced to a major degree by

a belief that he should not be president because he happens to be african-american. it's a racist attitude. >> that's what carter said this evening. today, strong reaction from the white house and) leading republicans blasted the argument. rush limbaugh saying it is mr. obama playing the race card and many americans say the debate is not about skin color, others insist it is based on prejudice, not policy. we'll see what our panel thinks. they'll join me live in a moment. but first, candy crowley on race and the "raw politics." >> reporter: race and politics is a combustible combo and it explodes into headlines when an ex-president lights the fuse, as jimmy carter did on nbc. >> an overwhelming portion of the intensely demonstrated animosity towards president barack obama is based on the

fact that he is a black man. >> reporter: there is a tiny part of this argument that is not an argument. >> we cannot deny that race doesn't have an impact in our society. >> reporter: racism is there to see online and on some signs. but the former president sees racism across a much broader swath. >> bubble up to the surface because of a belief among many white people, not just in the south but around the country, that african-americans are not qualified to lead this great country. >> reporter: the last time the chairman of the republican party looked, many white people had voted for an african-american to lead this country. >> he's elevated it to the point that it is now, you know, a reaction to everything. everybody who has this negative approach or view on this subject is a racist. >> reporter: arguments about

race are political losers. it turns off independents who, by nature, hate the hard edges of politics. the white house wants none of this. >> the president does not believe that the criticism comes based on the color of his skin. >> reporter: the white house may not want to talk about it, but this is one of those water cooler moments, kicked off by two words -- >> you lie! >> reporter: congressman joe wilson's outburst, was, according to jimmy carter, based on race. but ask around. what you hear is not just about color. >> i think given the context, i don't think it's possible for anyone to say either way for sure. >> reporter: but about politics? >> when the liberals are losing an argument, they go to the race card. >> reporter: and about prisms. >> i'm sure he never expected to

be under an african-american. >> reporter: barack obama was elected with more white votes since any democrat since jimmy carter. candy crowley, cnn, washington. >> tonight, john legend is here. also with us, david gergen, conservative activist nick lott. and political analyst roland martin. jimmy carter standing by his xhoenltss. do you stand by his comments? >> i think jimmy carter is talking about people who are using buzz words and phrases, because they can't say certain things and use other words, code word it is you will. i do believe when you hear folks like rush limbaugh, when he says in obama's america, white kids get beaten up by black kids. but when you hear people, glenn

beck call the president hating white culture, there are people who are playing into other people's racial fears. when you have people saying he is trying to give reparations, we understand what that is about. >> nick, you spoke at a tea party. did you see anything racist? we saw some signs showing president obama is a witch doctor. what did you say? >> i'm here wondering tonight if secretary clinton had been elected president, would we be discussing sexism tonight. i think it's absurd to label opposition as racist. this is about issues. if american people have serious concerns and issues with where we're headed with this country. >> so you saw nothing this weekend that concerned you? >> not at all. not one racial slur was uttered from the podium. this weekend what i saw were concerned citizens from across america who want to make sure that the government is not intruding in their lives, not continuing to take over private

entities, not continuing to increase the deficit. american people are concerned and now they're voicing their opinions and standing up for liberty and we should not be called racist for doing so. >> john legend, when you heard the president's comments, what did you think? >> well, i definitely felt there was some truth to what he said, but i was also worried because i knew what would happen the next day, which is what is happening right now, which is the subject ended up being about race, which is inflammatory by its nature. people get defensive, people get tribal about it. and now all we're talking about is race when we should be talking about people without health care, the economy is still suffering. we have 10% unemployment. these are the things we should be concerned about. but what we're talking about today is another day of talking about racism and being inflammatory and the only people celebrating are the opponents of the president's agenda.

they want this to be a race war. blacks lose a race war because they're only 12% of the country. >> we have to take a short break. we'll be right back. bill cosby also weighing in. also tonight, in other news, a person of interest in the cause of death of the murder of annie le. we know more about the man held by police and we now know how she was killed. the breaking news, the discovery of bones of jaycee dugard's alleged kidnapper. phillip garrido is now the focus of two other child abduction cases. othey're strong once. the real question is can they prove it again and again. ♪ at northwestern mutual, we've answered that question compellingly... for over 150 years. northwestern mutual. consistency counts.

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back talking about race, politics and the president. are the attacks on president obama driven by racism? in some cases as former president jimmy carter suggested, rnc chairman michael steele called that a pathetic attempt by democrats to shift attention away from the health care plan. bill cosby said it is because of skin color. listen. >> i don't think you can get people who are entrenched in their own hatred to stop. i think what we have to do is find the people who are willing to work together, the people who

realize that mistakes will happen and we've got to work for the betterment of the american people. >> dig deeper now. with us john legend, david gergen, nic lott and roland martin. he's say thing is a distraction keeping us off the important issues of health care and other things that should be debated. rather we're off to the subject of race. this is not something that the white house wants to be discussing. >> it's certainly not and the white house would very much like to change the subject. but jimmy carter, i'm afraid, is not alone, anderson, in his views. a rasmussen poll out today finds that 22% of democrats believe that most of the opposition to health care reform comes from racist. and 35% of barack obama's strongest supporters believe that opposition comes from

racists. i personally believe there are racists at the fringes, at the extremes here. but i think it's wrong headed and unfair and i think it's a libel upon many of the opponents, most of the opponents of health care reform to say they're racist. seven previous presidents have tried to bring health care reforms of this kind. all seven have failed and all seven were white as i recall. >> john legend, when you see the tea party protests this weekend and others, do you see it as -- do you see race involved in any of that or are these legitimate protests, people who disagree with the president and raising legitimate arguments? >> i see race as part of it but not enough a part of it to derail health care. i think the most important reason there's opposition is, one, people fear the involvement of government, which the a legitimate fear. but i disagree with that fear. but i think it's a legitimate

fear. i think they fear the government being involved in life and death decisions, even though the government's involved in medicare already and involved in veteran's health care. there's a significant group of people that believe that they don't want the government involved in these decisions and i understand that. that's a real fear. and i think racism is thrown into the mix to inflame people. but if hillary clinton were president, it would be something else. if bill clinton, when he was president, it was something else. whatever it is, it's a distraction from the real topic, which is health care. which is the economy. >> when you see signs at a rally that says i don't want my country to turn into a third world country, go back to kenya. you may have had seven previous white presidents, but that is an explicit statement. when you have people questioning whether he is an american -- >> but roland, i remember --

>> hold on, anderson. >> i remember signs under the bush administration people protesting saying the president is a fascist and nazi and i didn't hear liberals saying that crosses the pail, which is what president carter said tonight, calling obama a nazi is -- >> first of all, that is nonsense. but i'm speaking to the issue of when people invoke race as part of their argument. that's why i say that is the difference between this president and previous criticism. >> anderson, there's a very small minority, if you were at the tea party or the taxpayers march on washington the past weekend, there's a small minority of people out there who probably do dislike the president and will oppose any legislation he brings forth. but the majority of the americans who were there are americans with real legitimate concerns. to respond to what john was saying, the opposition to the president, we want to talk about

the issues. the president mentioned in his address last week that he would welcome new ideas, bring ideas to the table. that's exactly what the people were doing last weekend. we were bringing ideas to the table. so when the american people stand up and speak up, exercising their constitutional rights, we should not be labeled as racists for doing so. >> of course not, but i would say this. i don't want to label anybody as a racist, i want a real health care debate. but when rush limbaugh says obama's nation is one where black kids can beat up white kids on the bus, he's not doing that to advance a dialogue on health care. >> rush limbaugh is not a legislature. >> he is a legitimate main stream conservative. >> just so i keep our viewers informed, what they were referencing is a video of a beating that occurred on a school bus, two kids ganging up

on another kid. one officer speculated race may have played a role. but i want to play what rush limbaugh said about this incident that you're watching. let's listen. >> obama's america, white kids getting beat up on school buses now. you put your kids on a bus, you expect safety. but in obama's america, the white kids get beat up, the black kids cheering right on, right on. >> nic, i know you said he's not a legislature but he is -- >> he's a leader of many -- >> let me respond to that, anderson. if you listened to the rush limbaugh show. he's an entertainer -- >> do you agree with what he is saying that this is somehow a

representation of president obama's america? >> absolutely not. i do not agree with that, and i think he may have been joking. >> oh, no, he wasn't joking. >> i'm not here to speak for rush limbaugh tonight. but i'll say this -- >> but he speaks for a lot of conservatives. >> the president has welcomed new ideas to the table. he agrees that a lot of the concerns that citizens had last week are based upon legitimate concer concerns. we have serious issues and stop being distracted by being labeled racists. >> i don't think we ought to let rush limbaugh's comments drive a conversation like this. we have to look at the bigger picture. 53% of americans voted for barack obama, the black candidate. it was the highest percentage of votes in the country that any

democratic candidate has gotten in 34 years. and it's really important to keep remembering that. this country, and jimmy carter recognized that too, this country has made enormous progress. do we still have racism here? of course. but let's not paint the heart of america as racist. it's not. this is a much better country than 35 years ago. >> i agree completely. i believe the majority is sensible and wants to have a real discussion about the issues that face americans. most americans are not racist and don't buy into that. but what president carter said was that a certain fringe does. for him to be demonized is not facing the facts. >> we have to believe it there. an interesting group and discussion. have a good night. all right.

coming up, searching for evidence at the home of suspected kidnapper phillip garrido and finding bones on the property. the latest on this developing story. a murder at yale. new details on the death of annie le and revealing information about the person of interest. we'll be right back.

breaking news out of california. investigators have found bones on the property where phillip and nancy garrido lived for 18 years with kidnapped jaycee dugard and her two daughters. bones were also found on an adjacent property. it is not clear whether they're human and animals.

candas, how significant could this be? garrido is being looked at in the disappearances of two other young girls besides jaycee dugard. >> uh-huh. well, these two other young girls, mikayla garrett and eileen, did go missing around the time that we know that zbd was out of prison and was active. it's very significant because in a way it fits his pattern. if this is human, it will need to be tested if it is these girls. >> you look at the photo of michaela and jaycee, they do look similar and you look at the photo of garrido around that time, and you look at the artist rendering of somebody who was seen at that time, and i got to say, maybe it's just with the

knowledge we have now that it looks very similar, but to me both those images look very similar. >> yes, that can happen, though. and it might not be him at all. one of them, eileen kidnapping, was not witnessed. the michaela kidnapping, someone was able to provide that description. i think that could apply to a lot of people. i think we're going to have answers soon. >> what information can investigators get from the bones and how long does it take to know if they're human or animal? >> these bone also be studied by anthropologists and pathologists and they may be able to ascertain sex, race, get a very good tight range regarding age, and knowing when the girls disappeared, correlate that with that time. most importantly, if these are

human, then they'll be able to get dna from the missing girl's mother. they will not have any dna of the girl herself. no reason why there would have been anything kept around that would have her dna. but it will be tight enough to establish a strong relationship. >> how long does it take to know whether it's animal or human bone? >> i would say if the physical forensic anthropologist is there, they themselves working with the appropriate experts will have an idea probably in a day or two, whether they're human and several more days to zero in on race, sex, and age. >> we're going to talk about the

yale case. new information how annie le died and the man police are calling a person of interest. but first, erica hill has a "360" business bulletin. agents searching the home of a denver man they say has a possible link to al qaeda. that man traveled recently to new york and stayed in an apartment that was raided monday as part of an voegt shun into an alleged terror plot. the raid was captured here. >> mary travers of peter, paul and mary, has died. she battled leukemia for several years. she was 72 years. on wall street this wednesday, the dow rising 108 points, the nasdaq gained 30 and the s&p 500 up 14 points, hitting their highest levels since the fall of last year. and a woman thought it was her lucky day when she saw a

$29,000 tip in her paycheck. he called the school three times about the check but didn't hear back and by that time, well, the money was gone. except that now the university is stewing to get it back. theyment to tip her $29, not $29,000 and change. >> he tried to call them. >> she said they're not buying it. and so it begins. >> indeed. still ahead, chris brown's punishment from beating rihanna. and what we have learned how annie le died and what police are calling a person of interest. now your card comes with a way to plan for what matters to you. introducing blueprint. blueprint is free and only for chase customers. it lets you choose what purchases you want to pay in full to avoid interest...with full pay.

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i think i'll go with the preferred package. good choice. only meineke lets you choose the service that's right... for you, your car, and your budget. at meineke, you're always the driver. s new information how annie le was killed. she was strangled? who did it? a lab technician, this person is being called a person of interest. police searched his home and car today, testing his dna.

tom foreman has the latest in tonight's "crime and punishment" report. >> reporter: the street where raymond clark lives is buzzing. police took him into custody to collect dna. he's since been released and his lawyer says he's cooperating. but no one we met has seen him back home, so neighbors are remembering times they spoke to him. >> he was decent. his dog was excited and he was just like, oh, he's friendly, you can pet him. so pretty much he was known to love his dog. >> reporter: and you said he was sort of different in that he wanted to know a lot about the people he was talking to. >> he wanted to know their full name, where they're from. >> reporter: clark, who was 24, is not a student at yale. but works there taking care of mice in the medical labs. his fiance and two relatives also work in the labs according to police, but officials say little how clark new annie le.

>> they worked in the same building. they passed in the hallways. >> reporter: any passed troubles for le? >> i'm not going to talk about that issue. >> reporter: an old high school friend remembers clark well. >> he was a nice kid. he was a jokester, a class clown. everybody knew him and liked him. >> reporter: for a while, clark lived here not far from yale. but neighbors here have little to say. this is the house where he used to live, up there on the second floor we're told. but all of the residents of this building now say that they either moved in after he left or if they knew him, they did not know him well. they saw him in passing at best. he had a girlfriend and a dog by most accounts. but that's about all they know. for now, police are still collecting evidence and stressing that clark is not a suspect. and a family member's home are

keeping the curious away from this person of interest. >> so this guy seems to have disappeared from view. i assume police know exactly where he is, yes? >> yes, they do, anderson. they made that point today. we heard little bits and pieces coming in all day where he might be, but the police did say categorically and said from the beginning, look, we have been keeping an eye on where this person is. he is a person of extreme interest to them, and he is not a suspect. we got a report how a neighboring police jurisdiction tonight is helping them keep an eye on an area where they know he is. he is free to do what he wishes, but they are keeping an eye on him and will keep them in their sight at all times until he is no longer a person of interest or something more. anderson? >> tom, thanks. joined by dr. wecht and candas

delong. we know he was strangled. what about this jumps out at you in terms of the crime scene, the way the body was disposed of, the clothing was disposed of and the manner of death? >> one of the first things that struck me when i heard five days after she was last seen that her body was found in the laboratory, and then secreted in a wall was certainly that the person responsible for her murder was someone very familiar with that laboratory. someone who also had a listen to be there. there are 75 surveillance cameras there. so a vagrant certainly didn't wander in. and crimes of this nature, it didn't look premeditated to me. and screams of this nature where a woman is attacked and murdered, and left like that tend to not be premeditated. and it is usually someone that

knew the victim. >> strangulation, how difficult is that? it's not killing something from afar, it's up close. >> it's not difficult to accomplish, anderson. remember, this young lady, 90 pounds, 4'10". so an adult male very easily, especially if the victim is unsuspecting, can immediately encircle the neck with the two hands. pressure on the neck for about 20 seconds can result in unconsciousness and 30 seconds definitely deep unconsciousness. and after that, if pressure is continued or not, death may ensue. so it's not hard at all to envision how this could be accomplish have had a physical stand point. i agree with your other guest that this most likely was something that evolved. it probably began with some sexual advances, and got out of hand. the strangelation is a classical

method of killing in this kind of a situation as opposed obviously to shooting, stabbing, and even beating. the dna evidence is going to be key here, as well as other forensic trace evidence. hair, fibers, any blood transferred from one to the other, we heard something about scratches, i don't know if that's true or not, then material from her fingernails, what will that yield compared to dna from this man and other people too. so i think there is no need and there should not be a rush to judgment, since there's a tight population, nobody is going to be fleeing the country, and they are making certain that they do all the necessary tests. there's no question that this is a job performed by somebody there, who has been pointed out knew darn well where everything was and tried to hide things

just so that a couple or few days could give that individual more time to think about his alibi. >> just the fact that you don't think it's premed taded, if it was thing that happened spontaneously, that would probably improve police chances of finding dna evidence or some sort of physical evidence. we know they've taken in more than 200 pieces of potential evidence. >> yes, because crimes like this, when there's a crime scene like this and someone is killed, this doesn't look like it was premeditated. her body was discovered. all kinds of evidence, as you mentioned, 200 items of evidence. i think this is probably going to be resolved very quickly and i agree with dr. wecht. when we see a woman killed in

this manner, generally what happened is that there was an interchange of some kind, often times an advance by the male. he's rebuffed. doesn't take the rejection well and things devolve from there and it's almost always a hands on strangulation. and he expresses that by going for the victim's throat. >> dr. wecht, appreciate your expertise and candas as well. thank you very much. you can see a timeline of the murder and the mystery of it. the investigation still unfolding. you can weigh in and let us know what you think about this and other stories and talk to other viewers. ac360.com, the live chat. the lessons learned from another murdered yale student killed a decade ago, her case never

solved. her family still searching for answers. and tonight, we'll hear from a doctor sued by a patient after she saved her life. we'll be right back. but 5 minutes ago i took symbicort and symbicort is already helping significantly improve my lung function. so today, i've noticed a significant difference in my breathing. and i'm doing more of what i want to do. so we're clear, it doesn't replace a rescue inhaler for sudden symptoms. my doctor said symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking it. my copd often meant i had to wait to do what i wanted to do. now i take symbicort and it significantly improves my lung function, starting within 5 minutes. symbicort has made a significant difference in my breathing... now more of my want to's are can do's. ask your doctor about symbicort today.

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the latest developments in the murder of annie le. her body was found stuffed into the wall of the lab on sunday. now, sadly le is not the first young woman attending yale who met a horrible fate. suzanne jovan was a senior at yale, stabbed 17 times back in 199. and her murder is still not solved. detectives are determined not to let history repeat itself. erica hill has an up-close look. >> reporter: 11 years ago, suzanne jovan was at the center

of the investigation. she had been stabbed 17 times. and the investigation into her murder has become exhibit a for what not to do in a homicide case. dr. casey jordan. >> i think in retrospect everyone agrees there was way too much emphasis put on james vanlderbelt. >> reporter: james walls suzanne's adviser for her senior thesis and the only suspect ever named in her murder. >> there was no way you would ever harm her? >> no. >> reporter: no evidence tying him to the case was ever revealed. he was never charged for any crime, but his life was turned upside down. he lost his job at tail. in 2001, he dued the police department, caming officials violated his rights.

the federal case was dismissed in 2004, but in 2007, state claims were reinstated. >> people wanted to solve this case, that they really maligned his character. the person's life was destroyed. it's never the same. there is no coming back from that. >> reporter: he has not returned cnn's calls today for comment. in 2006, the investigation was reclassified as a cold case. then in late 2007, the state's attorney formed a special investigation team made up of four retired state police detectives. in 2008, they released this sketch made from a 1998 description of a man seen running in the area around the time of her murder. as for updates, krrn was told the team doesn't comment on investigations. but the family is speaking out. her parents sent this letter to the connecticut governor on tuesday, urging more funding for what they see as inadequate

resources for dna and forensic testing, one of the reasons they believe their daughter's killer has never been caught. the governor noted $2 million federal stimulus dollars are earmarked. >> the problem is we have so many of these cold cases it's difficult to prioritize which ones you want to revisit. this case deserves to be looked at again. >> reporter: so 11 years later, the wait begins as another family begins its quest for answers. >> what is that guy doing now? >> it says he had been a lecturer at yale, he's now a counterterrorism and wmd analyst working outside of washington, d.c. and a couple years ago, he was working for the state department. >> horrible to be publicly suspected of something but never charged and have your life fall apart. >> absolutely. and a lot of people jumped on that because they wanted so badly to have answers.

>> erica, thanks. a doctor saves her patient's life and the baby. so why would the patient sue her? the doctor once the case but has changed the way she practices medicine. the fashion police have spoken. who are the best and worst dressed people of 2009 according to "people" magazine? do you care? well, apparently we're naming names ahead on "360." i can enjoy the zoo with my grandkids. (announcer) for people with copd including chronic bronchitis, emphysema, or both, great news. advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other medications because it contains both an anti-inflammatory and a long-acting bronchodilator working together to help you breathe better. advair won't replace fast-acting inhalers for sudden symptoms and should not be use more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis

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tonight, we continue our medical malpractice series. the senate finance committee issued a health reform plan, proposals including reducing malpractice costs. the american college of gynecologists found that 90% of obgyns had been sued at least

once. doctors do get sued and you're about to meet one of them. here's randi kaye. >> reporter: over two decades, dr. wendy freed has delivered more than 3,000 babies. so many babies and still she has never been found to be at fault. so why is she paying close to $170,000 a year in malpractice insurance? >> for the year, i will be paying $168,192 to be able to practice. >> reporter: in case you're sued? >> in case i'm sued. >> reporter: everyone wants a perfectly healthy baby. so when something goes wrong, some families sue. among all medical specialties, obstetricians are sued most. in 1998, one of her patients sued formal practice. she says the pregnancy was fine, but during labor, the baby just

didn't budge. what did that tell you? >> immediately i suspected a uterine rupture. i recognized she was going to need an emergency life-saving hysterectomy. >> reporter: she says her patient would have been dead within half an hour had she not performed the surgery. the woman had lost so much blood, she had to giveler 54 units, about seven times the average amount of blood in the entire human body. both mom and baby survived. such a happy conclusion, the family invited her to christmas dinner. then six months later -- >> i got a request for my records for this patient from a plaintiff's attorney. and it was like a knife in the heart. >> reporter: at that point did you realize you were being sued? >> even at that point, i kept saying to myself being naive as i am, i kept saying, this is

probably just a fact finding mission. >> reporter: information, it was the beginning of a three-year legal battle. she was sued for failure to counsel her patient. she felt betrayed. she said she saved this woman's life, then canceled her office hours for days to sleep at her bedside. the patient's decision to sue blew her away. >> every morning i would go through it and say was there something else i could have done. >> reporter: her deposition, all 900 pages, took three days. the trial lasted 3 1/2 weeks. when it was over, the jury decided dr. wendy freed, did nothing wrong. what was it like for you to be at a trial when you knew in your heart you did nothing wrong? >> it was such a horrible feeling, because the plaintiff's attorney tries to prevent this and you woke up one day and decided to destroy somebody's

uterus and their life. >> reporter: the cost of malpractice insurance is only going up. two years ago, her premiums jumped 14%. she's cut back on expenses at until the mistrial is declared. in 2005 prosecutors tried koslowski again. this time they simple fewed their case with fewer witnesses and much less emphasis on kozlowski's laish spending. he takes the stand to explain why he believes his bonuses were legitimate. >> in this case either the jury believes you or they don't. it then comes down to that.

i think in light of everything that was going on . >> the jury announced guilty verdicts against him and co-defendant finding them guilty of -- >> on all but one count guilty. >> stop sales. the two now face up to 30 years if prison. defense teams vow to appeal. >> it was a horrible, horrible thing. in my view it was just -- at that point in time. >> narrator: kozlowski and his former cfo sfoo i think it sent

a message. you may be with a big company, but you're not beyond the law. the bigger you are, maybe the harder you fall. >> narrator: kozlowski does his team in midstate correctional near rome, new york. his cell is about 9x8 feet. smaller than the bathrooms in his former mansions. here he earns $5.74 a week for working in the prison laundry. >> if you let yourself go, you can get depressed, but i tend to try to make the best of any situation that i'm in. i did that in business. i had good times in business and difficult times in business, and good times in life and bad times in life, and i tried to rise above whatever time is going on and make the best out of that situation. i think being able to do that here has helped me. >> narrator: for his own safety,

kozlowski stays in a protective custody unit separated from the general prison population, but he and the other inmates in the unit get no special treatment. >> we don't leave our yin it. we go outside in a yard together early in the morning when no other inmates are around, and we have no access, .

>> beyonce named best street sheikh chic. and reality tv star kate gosselin's hair. he showed some pictures of lady gaga before the freeze. she was on the list of fashion forward, she and katie perry. she's pushing the envelope. >> how many different outfits did she wear to that vma award? >> 18. >> i don't know if you've seen this video. >> i love it. >> it's a catch by a philly's fan who is there with his little girl. we'll show you what happens next. it's very funny. we'll be right back.

is >> for tonight's shot, a great catch from a dad and a better throw from his daughter. dad grabs a foul ball from the bleachers. >> nice catch, dad. >> hands his catch ore to his little girl. >> and here you go. >> she throws it right away. >> what an arm on that kid. >> dad just laughed and made sure that emily knew she had done nothing wrong. >> big hug. >> how sweet is that? apparently the phillies gave them a new ball. >> good dad. >> and good kid. you can see the most recent shots at our website, ac360.com.

coming up next, jimmy carter speaking out again tonight on the animosity against president obama.

good evening. we are following two breaking stories tonight, first out of california. a discovery involving phillip garrido, the man accused of kidnapping jaycee dugard 18 years ago and holding her captive in his home. late word police conducting a search have found bones on his property as well as an adjacent property. in addition to the investigation of jaycee dugard's kidnapping, he's the focus on a new investigation, authorities

seeking evidence possibly connecting him to two other child abductions. more on this story in a moment. we begin with the other breaking report tonight. new comments by former president jimmy carter about his belief that racism is fueling much of the anger at president obama. he said it is being drive because mr. obama is a black man. tonight in atlanta, he pressed the point again. listen. >> when a radical fringe element of demonstrators and others begin to attack the president of the united states of america as an animal, or as a reincarnation of adolf hitler, or when they wave signs in the air that said we should have buried obama with kennedy, those kind of things are beyond the bounds of the way presidents have ever been accepted.

even with people who disagree. and i think people that are guilty of that kind of personal attack against obama have been influenced to a major degree by a belief that he should not be president because he happens to be african-american. it's a racist attitude. >> that's what carter said this evening. today, strong reaction from the white house and from the right. leading republicans blasted the argument. rush limbaugh saying it is mr. obama playing the race card and many americans say the debate is not about skin color, others are convinced the tea party protests are based on prejudice, not policy. we'll see what our panel thinks. they'll join me live in a moment. but first, candy crowley on race and the "raw politics." >> reporter: race and politics is a combustible combo and it explodes into headlines when an ex-president lights the fuse, as jimmy carter did on nbc.

>> an overwhelming portion of the intensely demonstrated animosity towards president barack obama is based on the fact that he is a black man. >> reporter: there is a tiny part of this argument that is not an argument. >> we cannot deny that race does indeed have an impact in our society. >> reporter: racism is there to see online and on the signs held by some protestors. but the former president sees racism across a much broader swath. >> bubble up to the surface because of a belief among many white people, not just in the south but around the country, that african-americans are not qualified to lead this great country. >> reporter: the last time the chairman of the republican party looked, many white people had voted for an african-american to lead this country. michael steele says carter's broad condemnation of protestors is dead wrong and diminishes

real racism. >> he's elevated it to the point that it is now, you know, a reaction to everything. everybody who has this negative approach or view on this subject is a racist. >> reporter: arguments about race are political losers. it turns off independents who, by nature, hate the hard edges of politics. the white house wants none of this. >> the president does not believe that the criticism comes based on the color of his skin. >> reporter: the white house may not want to talk about it, but this is one of those water cooler moments, kicked off by two words -- >> you lie! >> reporter: congressman joe wilson's outburst, was, according to jimmy carter, based on race. but ask around. >> i do think racism played a part. >> reporter: and what you hear is not just about color. >> i think given the context, i don't think it's possible for anyone to say either way for sure. >> reporter: but about politics?

>> when the liberals are losing an argument, they go to the race card. >> reporter: and about prisms. >> i'm sure he never expected to be under an african-american. >> reporter: barack obama was elected with more white votes than any democrat since jimmy carter. there was talk then of a post racial america. and that's what it remains, talk. candy crowley, cnn, washington. >> tonight, john legend is here. also with us, david gergen, conservative activist nic lott. he spoke at a tea party protest in d.c. over the weekend. and political analyst roland martin. roland, let's start with you. jimmy carter standing by his comments. do you stand by his comments? >> i think jimmy carter is talking about people who are using buzz words and phrases, because they can't say certain things and they use other kind of words, code words if you will.

i do believe when you hear folks like rush limbaugh, when he says in obama's america, white kids get beaten up by black kids. when race had nothing to do with this video we see. but when you hear people, glenn beck call the president hating white culture, there are people who are playing into other people's racial fears. when you have people saying he is trying to give reparations, that's coded wording. we understand what that is about. >> nic, you spoke at a tea party. did you see anything racist? we saw some signs showing president obama is a witch doctor. what did you see? >> i'm here wondering tonight if secretary clinton had been elected president, would we be discussing sexism tonight. i think it's absurd for our friends on the left to label opposition as racist. this is about issues. the american people have serious concerns and issues with where we're headed with this country. >> so you saw nothing this weekend that concerned you? >> not at all.

not one racial slur was uttered from the podium. this weekend what i saw were concerned citizens from across america who want to make sure that the government is not intruding in their lives, not continuing to take over private entities, not continuing to increase the deficit. american people are concerned and now they're voicing their opinions and standing up for liberty and we should not be called racist for doing so. >> john legend, when you heard the president's comments, what did you think? >> well, i definitely felt there was some truth to what he said, but i was also worried because i knew what would happen the next day, which is what is happening right now, which is the subject ended up being about race, which is inflammatory by its nature. people get defensive, people get emotional, people get e tribal about it. and now all we're talking about is race when we should be talking about people without health care, the economy is still suffering. we have 10% unemployment. these are the things we should be concerned about. but what we're talking about today is another day of talking about racism and being

inflammatory and the only people celebrating are the opponents of the president's agenda. the opponents of the president's agenda want this to be a race war. blacks lose a race war because they're only 12% of the country. i don't want a race war -- >> we have to take a short break. we'll be right back. more of our panel ahead. bill cosby also weighing in. he spoke out today about the issue. we'll bring you his words. also tonight, in other news, a person of interest in the cause of death of the murder of annie le. we know more about the man held by police and we now know how she was killed. the breaking news, the discovery of bones of jaycee dugard's alleged kidnapper. phillip garrido is now the focus of two other child abduction cases. we have new developments when we continue. these days, wouldn't it be great if saving money happened as automatically as everything else?

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back talking about race, politics and the president. are the attacks on president obama driven by racism?

in some cases as former president jimmy carter suggested, rnc chairman michael steele called that a pathetic distraction by democrats to shift attention away from obama's disastrous health care plan. bill cosby said it is because of skin color. listen. >> i don't think you can get people who are entrenched in their own hatred to stop. i think what we have to do is find the people who are willing to work together, the people who realize that mistakes will happen and we've got to work for the betterment of the american people. >> dig deeper now. with us john legend, david gergen, nic lott and roland martin. david, to john legend's point.

he's saying this is a distraction keeping us off the important issues of health care and other things that should be debated. rather we're off to the subject of race. this is not something that the white house wants to be discussing. >> it's certainly not and the white house would very much like to change the subject. but jimmy carter, i'm afraid, is not alone, anderson, in his views. a rasmussen poll out today finds that 22% of democrats believe that most of the opposition to health care reform comes from racist. and 35% of barack obama's strongest supporters believe that opposition comes from racists. i personally believe there are racists at the fringes, at the extremes here. but i think it's wrong headed and unfair and i think it's a libel upon many of the opponents, most of the opponents of health care reform to say they're racist. seven previous presidents have tried to bring health care reforms of this kind.

all seven have failed and all seven were white as i recall. >> john legend, when you see the tea party protests this weekend and others, do you see it as -- do you see race involved in any of that or are these legitimate protests, people who disagree with the president and raising legitimate arguments? >> i see race as part of it but not enough a part of it to derail health care. i think the most important reason there's opposition is, one, people fear the involvement of government, which the a legitimate fear. but i disagree with that fear. but i think it's a legitimate fear. i think they fear the government being involved in life and death decisions, even though the government's involved in medicare already and involved in veteran's health care. there's a significant group of people that believe that they don't want the government involved in these decisions and i understand that. that's a real fear. and i think racism is thrown

into the mix to inflame people. but if hillary clinton were president, it would be something else. if bill clinton, when he was president, it was something else. whatever it is, it's a distraction from the real topic, which is health care. which is the economy. >> when you see signs at a rally that says i don't want my country to turn into a third world country, go back to kenya. you may have had seven previous white presidents, but that is an explicit statement. when you have people questioning whether he is an american -- you don't see the same level -- >> but roland, i remember -- >> hold on, anderson. >> i remember signs under the bush administration people protesting saying the president is a fascist and nazi and i didn't hear liberals saying that crosses the pail, which is what president carter said tonight, calling obama a nazi is -- >> first of all, that is

nonsense. but i'm speaking to the issue of when people invoke race as part of their argument. that's why i say that is the difference between this president and previous criticism. >> nic, go ahead. >> anderson, there's a very small minority, if you were at the tea party or the taxpayers march on washington the past weekend, there's a small minority of people out there who probably do dislike the president and will oppose any legislation he brings forth. but the majority of the americans who were there are americans with real legitimate concerns. to respond to what john was saying, the opposition to the president, we want to talk about the issues. the president mentioned in his address last week that he would welcome new ideas, bring ideas to the table. that's exactly what the people were doing last weekend. we were bringing ideas to the table. so when the american people stand up and speak up, exercising their constitutional rights, we should not be labeled as racists for doing so. >> of course not, but i would say this.

i don't want to label anybody as a racist, i want a real health care debate. but when rush limbaugh says obama's nation is one where black kids can beat up white kids on the bus, he's not doing that to advance a dialogue on health care. >> rush limbaugh is not a legislator. >> he is a legitimate main stream conservative. >> just so i keep our viewers informed, what they were referencing is a video of a beating that occurred on a school bus, two kids ganging up on another kid. police now say it's just purely a case of bullying. one officer speculated race may have played a role. that officer has now backed off that statement. but i want to play what rush limbaugh said about this incident that you're watching. let's listen. >> obama's america, white kids getting beat up on school buses now.

you put your kids on a bus, you expect safety. but in obama's america, the white kids get beat up, the black kids cheering right on, right on. >> nic, i know you said he's not a legislator, but he is probably the most popular radio personality -- >> he's a leader of many -- >> let me respond to that, anderson. if you listened to the rush limbaugh show. he's an entertainer. he informs americans on the day-to-day -- >> do you agree with what he is saying that this is somehow a representation of president obama's america? >> absolutely not. i do not agree with that, and i think he may have been joking. i'm not -- >> oh, no, he wasn't joking. >> i'm not here to speak for rush limbaugh tonight. but i'll say this -- >> but he speaks for a lot of conservatives. >> the president has welcomed new ideas to the table.

he agrees that a lot of the concerns that citizens had last week are not based on racism but based upon legitimate concerns. we have serious issues and stop being distracted by being labeled racists. >> david gergen? >> i don't think we ought to let rush limbaugh's comments drive a conversation like this. about whether the country is racist or not. we have to look at the bigger picture. one fact that keeps being forgotten is -- 53% of americans voted for barack obama, the black candidate. it was the highest percentage of votes in the country that any democratic candidate has gotten in 34 years. and it's really important to keep remembering that. this country, and jimmy carter recognized that too, this country has made enormous progress. do we still have racism here? of course. do we still have people on the fringes of racism? yes, we do.

but let's not paint the heart of america as racist. it's not. this is a much better country than 35 years ago. >> i agree completely. i believe the majority is sensible and wants to have a real discussion about the issues that face americans. most americans are not racist and don't buy into that. but what president carter said was that a certain fringe does. for him to be demonized is not facing the facts. >> we've got to leave it there. an interesting group and discussion. have a good night. all right. coming up, searching for evidence at the home of suspected kidnapper phillip garrido and finding bones on the property. the latest on this developing story. also tonight, a murder at yale. new details on the death of annie le and revealing information about the person of interest. we'll be right back. before i started this job, i admit, i had some doubts.

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breaking news out of california. disturbing news. investigators have found bones on the property where phillip and nancy garrido lived for 18 years with kidnapped jaycee dugard and her two daughters. bones were also found on an adjacent property. it is not clear whether they're human or an malg. it's going to take time to investigate that. candas, how significant could this be? garrido is being looked at in the disappearances of two other young girls besides jaycee dugard. >> uh-huh. well, these two other young girls, michaela garecht and ilene micheloff, did go missing around the time that we know that garrido was out of prison and was active. it's very significant because in

a way it fits his pattern. if these turn out to be human, of course they'll need to be tested to find out if they belong to these girls. and if it turns out it's connected to the girls -- >> you look at the photo of michaela and jaycee, they do look similar and you look at the photo of garrido around that time, and you look at the artist rendering of somebody who was seen at that time, and i got to say, maybe it's just with the knowledge we have now that it looks very similar, but to me both those images look very similar. >> yes, that can happen, though. and it might not be him at all. one of them, the ilene micheloff kidnapping, was not witnessed. the michaela kidnapping, someone was able to provide that description.

i think that could apply to a lot of people. i think we're going to have answers soon. >> dr. woekt, the bones. what information can investigators get from the bones and how long does it take to know if they're human or animal? >> these bone also be studied by anthropologists and depending which bones are there, they may be able to ascertain sex, race, get a very good tight range regarding age, and knowing when the girls disappeared, correlate that with that time. most importantly, if these are human, then they'll be able to get dna from the missing girl's mother. they will not have any dna of the girl herself. no reason why there would have been anything kept around that would have her dna. but mitochondrial will be tight enough to establish a strong relationship between --

>> how long does it take to know whether it's animal or human bone? >> i would say if the physical forensic anthropologist is there, they may want to call in some top people from the smithsonian, they themselves working with the appropriate expert also have an idea probably in a day or two, whether they're human and more time will be required, several more days to zero in on race, sex, and age. >> we're going to talk about the yale case. new information how annie le died and the man police are calling a person of interest. we want to get your thoughts on that coming up. but first, erica hill has a "360" business bulletin. agents searching the home of a denver man they say has a possible link to al qaeda. that man traveled recently to new york and stayed in an apartment that was raided monday as part of an investigation into an alleged terror plot.

the raid was captured here on the surveillance video. >> mary travers of peter, paul and mary, has died. she battled leukemia for several years. she was 72 years old. on wall street this wednesday, the dow rising 108 points, the nasdaq gained 30 and the s&p 500 up 14 points, all three hitting their highest levels since the fall of last year. and a woman thought it was her lucky day when she saw a $29,000 tip in her paycheck. she says she called the school three times about the check but didn't hear back for a couple of months and by that time, well, the money was gone. except that now the university is stewing to get it back. there were a fussey rows added. they meant to tip her $29, not $29,000 and change. >> she tried to call them. >> that's what she said, they're not buying it.

and so it begins. >> indeed. still ahead, chris brown's punishment for beating rihanna. and what we have learned how annie le died and what police are calling a person of interest.

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who did it? that is the question of the hour. a lab technician, this person is being called a person of interest. police searched his home and car today, testing his dna. tom foreman has the latest in tonight's "crime and punishment" report. >> reporter: 30 miles from the crime scene, the street where raymond clark lives is buzzing. police took him into custody to collect dna. he's since been released and his lawyer says he's cooperating. but no one we met has seen him back home, so neighbors are remembering times they spoke to him. >> he was decent. his dog was excited and he was just like, oh, he's friendly, don't worry. you can pet him. so pretty much he was known to love his dog. and walk around with his dog all the time. >> reporter: and you said he was sort of different in that he wanted to know a lot about the people he was talking to. >> he wanted to know their full name, where they're from. stuff like that. >> reporter: clark, who was 24, is not a student at yale. but works there taking care of

mice in the medical labs. his fiance and two relatives also work in the labs according to police, but officials say little how clark new annie le. >> they worked in the same building. they passed in the hallways. anything beyond that i'm not going to talk about. >> reporter: any passed troubles for le? >> i'm not going to talk about that issue. >> reporter: nid video of clark in the building that day? >> i'm not going to talk about what video we have or don't have. >> reporter: an old high school friend remembers clark well. >> he was a nice kid. he was a jokester, a class clown. everybody knew him and liked him. >> reporter: for a while, clark lived here not far from yale. but neighbors here have little to say. this is the house where he used to live, up there on the second floor we're told. but all of the residents of this building now say that they either moved in after he left or if they knew him, they did not know him well. they saw him in passing at best. he had a girlfriend and a dog by most accounts. but that's about all they know. for now, police are still

collecting evidence and stressing that clark is not a suspect. and a family member's home are keeping the curious away from this person of interest. >> so this guy seems to have disappeared from view. i assume police know exactly where he is, yes? >> yes, they do, anderson. they made that point today. we heard little bits and pieces coming in all day where he might be, but the police did say categorically and said from the beginning, look, we have been keeping an eye on where this person is. he is a person of extreme interest to them, and he is not a suspect. we got a report how a neighboring police jurisdiction tonight is helping them keep an eye on an area where they know he is. he is free to do what he wishes, but they are keeping an eye on him and will keep them in their sight at all times until he is no longer a person of interest

or something more. anderson? >> tom, thanks. joined by dr. wecht and candas delong. so can has, we know now she was strangled. what about this jumps out at you in terms of the crime scene, the way the body was disposed of, the clothing was disposed of and the manner of death? >> one of the first things that struck me when i heard five days after she was last seen that her body was found in the laboratory, and then secreted in a wall was certainly that the person responsible for her murder was someone very familiar with that laboratory. someone who also had a listen to be there. there are 75 surveillance cameras there. so a vagrant certainly didn't wander in. and crimes of this nature, it

didn't look premeditated to me. and screams of this nature where a woman is attacked and murdered, and left like that tend to not be premeditated. and it is usually someone that knew the victim. >> strangulation, how difficult is that? it's an incredibly intimate thing as well. it's not killing someone from afar, it's up close. >> it's not difficult to accomplish, anderson. remember, this young lady, 90 pounds, 4'10". so an adult male very easily, especially if the victim is unsuspecting, can immediately encircle the neck with the two hands. pressure on the neck for about 20 seconds can result in unconsciousness and 30 seconds definitely deep unconsciousness. and after that, if pressure is continued or not, death may ensue. so it's not hard at all to envision how this could be accomplished have a physical stand point. i agree with your other guest that this most likely was

something that evolved. it probably began with some sexual advances, and got out of hand. the strangulation is a classical method of killing in this kind of a situation as opposed obviously to shooting, stabbing, and even beating. the dna evidence is going to be key here, as well as other forensic trace evidence. hair, fibers, any blood transferred from one to the other, we heard something about scratches, i don't know if that's true or not, then material from her fingernails, what will that yield compared to dna from this man and other people too. so i think there is no need and there should not be a rush to judgment, since there's a tight population, nobody is going to be fleeing the country, and they are making certain that they do all the necessary tests. there's no question that this is

a job performed by somebody there, who has been pointed out knew darn well where everything was and tried to hide things just so that a couple or few days could give that individual more time to think about his alibi. >> just the fact that you don't think it's premeditated, if it was something that happened spontaneously, that would probably improve police chances of finding dna evidence or some sort of physical evidence. we know they've taken in more than 200 pieces of potential evidence. >> yes, because crimes like this, when there's a crime scene like this and someone is killed, this doesn't look like it was premeditated. her body was discovered. all kinds of evidence, as you mentioned, 200 items of evidence.

i think this is probably going to be resolved very quickly and i agree with dr. wecht. when we see a woman killed in this manner, generally what happened is that there was an interchange of some kind, often times an advance by the male. he's rebuffed. doesn't take the rejection well and things devolve from there and it's almost always a hands on manual strangulation because it's unplanned and he didn't bring a weapon. and he's angry and upset and he expresses that by going for the victim's throat. >> dr. wecht, appreciate your expertise and candas as well. thank you very much. we have a lot more killing of annie le. you can see a timeline of the murder and the mystery of it. the investigation still unfolding. you can weigh in and let us know what you think about this and other stories and talk to other viewers. ac360.com, the live chat.

i'll log on right now. the lessons learned from another murdered yale student killed a decade ago, her case never solved. her family still searching for answers. we'll have ak loot a that case. and tonight, we'll hear from a doctor sued by a patient after she saved her life. we'll be right back. teeth. check. bottom. needs work. sorry, son. [ female announcer ] you can't pass inspection with pieces left behind. introducing new charmin ultra strong. its new enhanced diamondweave texture is soft and more durable. more durable so you're left with a more dependable clean. fewer pieces left behind. bottom. check. [ female announcer ] and that charmin softness. new charmin ultra strong. look for it in the new red package. for those who prefer moist wipes, try new charmin freshmates for a cleaner clean.

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the latest developments in the murder of annie le. her body was found stuffed into the wall of the lab on sunday. now, sadly le is not the first young woman attending yale who met a horrible fate. suzanne jovan was a senior at yale when she was found dead. she was stabbed 17 times. that happened back in 1998. and her murder is still not solved. detectives are determined not to let history repeat itself. erica hill has an up-close look. >> reporter: 11 years ago, suzanne jovan was at the center of the investigation. on the night of december 4th, 1998, her body was found near this new haven intersection. she had been stabbed 17 times. and the investigation into her murder has become exhibit a for what not to do in a homicide case. criminalologist dr. casey

jordan. >> i think in retrospect everyone agrees there was way too much emphasis put on james vanderveld. by the time you find out you may have the wrong person, that window of opportunity is gone. >> reporter: james was suzanne's adviser for her senior thesis and the only suspect ever named in her murder. >> there was no way you would ever harm her? >> no. >> reporter: no evidence tying him to the case was ever revealed. he was never charged for any crime, but his life was turned upside down. he lost his job at yale. suspicion dogged him. in 2001, he sued the police department, claiming officials violated his rights. he added yale to that suit in 2003. the federal case was dismissed in 2004, but in 2007, state claims were reinstated. >> people wanted to solve this case, that they really maligned his character. the person's life was destroyed. it's never the same.

there is no coming back from that. >> reporter: he has not returned cnn's calls today for comment. in 2006, the investigation was reclassified as a cold case. then in late 2007, the state's attorney formed a special investigation team made up of four retired state police detectives. in 2008, they released this sketch made from a 1998 description of a man seen running in the area around the time of her murder. as for updates, cnn was told the team doesn't comment on ongoing investigations. but suzanne's family is speaking out. her parents sent this letter to the connecticut governor on tuesday, urging more funding for what they see as inadequate resources for dna and forensic testing, one of the reasons they believe their daughter's killer has never been caught. the governor noted $2 million federal stimulus dollars are earmarked.

but it's unclear in if those funds will bring answers for the family. >> the problem is we have so many of these cold cases it's difficult to prioritize which ones you want to revisit. this case deserves to be looked at again. >> reporter: so 11 years later, the wait continues for the jovans as another family begins its quest for answers. >> what is that guy doing now? >> it says he had been a lecturer at yale, he's now a counterterrorism and wmd analyst working outside of washington, d.c. been there for the last three years. and a couple years ago, he was working for the state department. >> horrible to be publicly suspected of something but never charged and have your life fall apart. >> absolutely. and a lot of people jumped on that because they wanted so badly to have answers. >> erica, thanks. still ahead, a doctor saves her patient's life and the baby. so why would the patient sue her? the doctor won the case but has changed the way she practices medicine.

the fashion police have spoken. who are the best and worst dressed people of 2009 according to "people" magazine? do you care? well, apparently we're naming names ahead on "360." this country definitely needs to focus on other ways to get energy. we should be looking closer to home. there are places off the continental shelf. natural gas can be a part of the solution. i think we need to work on wind resources. they ought to be carefully mapping every conceivable alternative. there is an endless opportunity right here.

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you've done your work. and we'll keep doing ours. learn more at aarp.org. welcome to progressive. how may i help you? i'm looking for a deal on car insurance. i think i might have a coupon in here. there's an easier way. we've got the "name your price" option. you do? follow me. you tell us how much you want to pay, and we'll build you a policy that fits your budgede and i still get great coverage? uh-huh. go ahead. you're the boss. i'm the boss of savings. more like the c.e.o. oh, oh. no glass ceiling. the freedom to name your price. now, that's progressive. call or click today. tonight, we continue our medical malpractice series. who wins, who loses, who pays? the senate finance committee issued a health reform plan, proposals including reducing malpractice costs.

in a new sue va, the american college of gynecologists found that 90% of obgyns had been sued at least once. a lot of doctors say frivolous suits are driving up rates. doctors do get sued and you're about to meet one of them. here's randi kaye. >> reporter: over two decades, dr. wendy freed has delivered more than 3,000 babies. so many babies and still she has never been found to be at fault. so why is she paying close to $170,000 a year in malpractice insurance? >> for the year, i will be paying $168,192 to be able to practice. >> reporter: in case you're sued? >> in case i'm sued. >> reporter: everyone wants a perfectly healthy baby. so when something goes wrong, some families sue. among all medical specialties, obstetricians are sued most.

in 1998, one of her patients sued for malpractice. she says the pregnancy was fine, but during labor, the baby just didn't budge. what did that tell you? >> immediately i suspected a uterine rupture. which is our biggest fear. at this point, i recognized she was going to need an emergency life-saving hysterectomy. >> reporter: she says her patient would have been dead within half an hour had she not performed the surgery. the woman had lost so much blood, she had to give her 54 units, about seven times the average amount of blood in the entire human body. both mom and baby survived. such a happy conclusion, the family invited her to christmas dinner. then six months later -- >> i got a request for my records for this patient from a plaintiff's attorney.

and it was like a knife in the heart. >> reporter: at that point did you realize you were being sued? >> even at that point, i kept saying to myself being naive as i am, i kept saying, this is saying to myself being as naive as i am, i kept saying, you know what, this is probably a fact finding mission. >> reporter: in fact, it was the beginning of a three year legal battle. dr. fried was sued for an unnecessary his stysterectomy a failing to counsel her patient. she said she canceled her office patients and stayed for days at her bedside during the recovery. the decision to sue blew her away. >> i would go through it every morning, is there something else i could have done? >> her deposition took 3 1/2 days, the trial lasted 3 1/2 weeks. when it was over, the jury decided dr. wendy fried did nothing wrong. >> what was it like 0 for you to

go through a trial when you in your heart knew you did nothing wrong? >> it was such a horrible feeling because the plaintiff's attorney tries to present this you woke up one day and decided to destroy somebody's out ris and their life. >> reporter: the cost of malpractice insurance is only going up. two years ago, dr. freid's premiums jumped 14%. she cut back on expenses at home crust to afford malpractice insurance. as for the debate of so-called defensive medicine, dr. freid says she does now order extra tests even though they may not be necessary. >> even though i may know somebody's not sick, i may wind up ordering a test just to prove that. >> reporter: that fear of getting sued on top of the pricey liability insurance has forced hundreds of obgyns to give up their practice. dr. wendy freid says she isn't quitting the baby business. she shouldn't, she says, because she's a good doctor. she says she can't quit because

too many others are. randi kaye, cnn, north hills, new york. >> sounds like a good doctor indeed. coming up next, new details in the deadly collision over the hudson river. a miscommunication that may have caused the error. >> and chris brown, new video of what he's doing now.

following a number of other stories tonight. checking in with erica hill. >> following the tragic crash on the hudson last mont, the ntsb said the pilot involved in the mid-air collision had actually read back the radio frequency to an air-traffic controller and was not corrected. the pilot could not be reached before hand and later he collided with a chopper, killing nine people. chris brown works on garbage today as he starts work off 180 days of community labor for assaulteding his girlfriend. rihanna. it is being carried out in virginia because that's where brown lives. >> this week, people's magazine best and worst dressed hits the

newsstand. tah-dah, among the best dressed in 2009, first lady michelle obama who won the most accessib accessible. and beyonce, named best street she sheik. as for fashion sake, former jessica sen son and her mom genes. and she and katy perry were on the fashion worst stars. >> how many did she have on for the award? >> 18. >> i don't know if you caught this. a catch by philly's fan, there with his little girl. we'll show you what happens next. very funny. the ride, you know. no problem. ♪

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tonight, great catch for dan and even better throw for his daughter. this happened last night in the philly's home game. dad grabs a foul ball from the bleachers. >> nice catch, dad. >> hands his priced po something tos his little girl and -- >> there you go. >> she throws it away. >> dad is so sweet. he just