died. she was 72, had been battling leukemia. the group was an early champion of bob dillon and known for its political influence. ma mary travers. sad. anderson cooper is next. "360." 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. all this time. 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. we will have more on this breaking store in just 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 the animosity being

directed at the president over health care and the bailouts is being driven because mr. obama is a black man. tonight in atlanta university 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 a short time ago. 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 insist the debate is not about skin color, others are convinced the tea party protests and joe wilson's outbursts 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 -- >> more about politics than race. >> reporter: 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 hail to an african-american chief. >> 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. grammy award winning singer and from the show me campaign. 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 you have people 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 rally. did you see anything racist? we saw some signs showing president obama is a witch doctor. what did you see? >> anderson, thick -- 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 freedom and 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 tribal about it. and now all we're talking about is race when we should be talking about what's happening all across america, people are 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 we're o.nly 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 at the home of jaycee dugard's alleged kidnapper. this case could not get any more disturbing, it already is. phillip garrido is now the focus of two other child abduction cases.

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crestor is proven to slow the buildup of plaque in arteries. crestor isn't for everyone, like people with liver disease, or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. you should tell your doctor about other medicines you're taking or if you have muscle pain or weakness. that could be a sign of serious side effects. learn more about plaque buildup at arterytour.com. then ask your doctor if it's time for crestor. if you can't afford your medication, astrazeneca may be able to help. 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.

but there are believers. bill cosby said much of the outrage 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, look, this is really 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 third rail of american politics, 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 do you think these are 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 is 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. all these other things. 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 see people who try to make him an illegitimate president, questioning whether he is an american -- you don't see the same level -- >> but roland, i remember -- >> hold on, anderson. >> roland, 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 pale, which is what president carter said tonight, calling obama a nazi is -- >> first of all, that is absolute 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 to have 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 -- >> he was not marching on d.c. this weekend. >> what roland was reference in 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. initially, 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 school bus, you expect safety. but in obama's america, the white kids get beat up, the black kids cheering right on, right on. and the white kid deserved it.

he was born a racist, he's white. >> 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 also an entertainer. while he gives news and 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, we need to deal with the issues at hand 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, in his comments, 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 somehow racist. it's not. this is a much better country than it was 35 years ago. >> i agree completely. i believe the majority of this country is sensible and wants to have a real discussion about the issues that face americans. most americans are not racist

most americans don't buy into that. but what president carter said was that a certain fringe does. for him to be demonized for saying that is not facing the facts. >> a very small minority. >> we've got to leave it there. an interesting group and discussion. john, i know you're performing later tonight. have a good night. >> san diego. 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 breaking 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. you can make a positive change in your career. you can make a greater contribution to the greater good. and you can start today, by earning your degree online... at walden university.

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breaking news out of

california. disturbing news. investigators have found bones on the property where kidnapping suspect, 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 animal. it's going to take time to investigate that. we'll talk to victim -- crimi l victim -- criminalologist, dr. cyril wecht. 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 eileen misheloff was not witnessed. the michaela kidnapping, someone was able to provide that description. i think that description could apply to a lot of people. i think we're going to have answers soon. >> dr. wecht, 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 bones will be studied by biologists and

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 and others are

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 have more. stick around. 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 suburban 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 who worked catering jobs at the university of notre dame 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 suing to get back. you see, anderson, there were a few zeroes 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, from r&b star to garbage collector, 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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grad student annie le was killed. she medical examiner's office says she was killed by traumatic asphyxia, in other words, she was strangled. who did it? that is the question of the hour. a lab technician who worked in the lab where the body was found, 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 ba bash -- back home, so neighbors like ashley rowe 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 past troubles for le? >> i'm not going to talk about that issue. >> reporter: any 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, lisa, 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. signs on 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, various places, 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. someone they will not let out of their sight. we got a report how a neighboring police jurisdiction tonight is helping them keep an eye on an area where they know

where 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 candas, 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 reason to be there.

there were 75 -- 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 is -- 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 accompli accomplished from a physical standpoint. 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 obfuscate all the findings and give that particular 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. this is probably -- 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 was unplanned, the offender didn't bring a weapon. and he's angry and upset and he not necessarily this one, 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 as we know it and the mystery of it. the investigation still unfolding. you can weigh in on the live chat and let us know what you think about this and other stories and talk to other viewers. ac360.com, the live chat. i'm a little bit late for the party. 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 a look at that case. also ahead, our series on medical malpractice. tonight, we'll hear from a doctor sued by a patient after she saved her life. we'll be right back. ♪ 'cause now i'm driving off the lot in a used sub-compact. ♪ ♪ f-r-e-e, that spells free credit report dot com, baby. ♪ ♪ saw their ads on my tv ♪ thought about going but was too lazy ♪ ♪ now instead of looking fly and rollin' phat ♪ ♪ my legs are sticking to the vinyl ♪ ♪ and my posse's getting laughed at. ♪ ♪ f-r-e-e, that spells free- credit report dot com, baby. ♪

while i was building my friendships, my family, while i was building my life, my high cholesterol was contributing to plaque buildup in my arteries. that's why my doctor prescribed crestor. she said plaque buildup in arteries is a real reason to lower cholesterol. and that along with diet, crestor does more than lower bad cholesterol, it raises good. crestor is also proven to slow the buildup of plaque in arteries. crestor isn't for everyone, like people with liver disease, or women who are nursing, pregnant, or may become pregnant.

simple blood tests will check for liver problems. you should tell your doctor about other medicines you are taking, or if you have muscle pain or weakness. that could be a sign of serious side effects. while you've been building your life, plaque may have been building in your arteries. find out more about slowing the buildup of plaque at crestor.com. then ask your doctor if it's time for crestor. announcer: if you can't afford your medication, astrazeneca may be able to help. we're following the latest developments in the murder of annie le. her body was found stuffed into the wall of the lab on sunday. now sadly, leg, 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 the yale student at the center of the investigation. on the night of december 4th, 1998, her body was found near this new haven intersection. the college senior had been stabbed 17 times. and the investigation into her murder has become exhibit a for what not to do in a homicide case. criminologist dr. casey jordan. >> i think in retrospect everyone agrees there was way too much emphasis put on james vander velled. 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, vander veld sued the new haven 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 jovan 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 jovan 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? >> from what appeared to be his linked in profile.

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. >> case still unsolved, 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. our medical malpractice series tonight. 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." news to hear. everything changed. i didn't know what to do. right about then, our doctor mentioned the exelon patch. he said it releases medicine continuously for 24 hours.

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tonight, we continue our medical malpractice series. who wins, who loses, who pays? the senate finance committee issued a long awaited health care reform plan, proposals including reducing malpractice costs. in a new survey, the american college of ontytricians and 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 freid 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 absolutely going to need an emergency life-saving hysterectomy. >> reporter: dr. fre dirks had to act quickly. she says her patient would have been dead within half an hour had she not performed the emergency hysterectomy. 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 dr. freid 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: in fact, it was the beginning of a three-year legal battle. >> dr. fried was sued for unnecessary medical procedures she felt betrayed and said she saved her life and slept at her bed-side to smeared recovery. the patient's decision to sue blew her away.

>> every single morning, i think about it, was there something else i could have done. >> dr. fried's deposition all 900 pages lasted three days. the trial lasted nine weeks and at the end, the jury decided she did nothing wrong. >> what was it like to be in a trial when you in a your heart believe you'd 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. fried'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. fried 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 fried 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 a fatal error. >> and paying the price. chris brown's new video of what he's doing now. and it's the longest lasting tums ever. tums dual action works two ways to relieve heartburn: like all tums, it goes to work in seconds. plus, tums dual action has an effective acid reducer that works for hours, all day or all night, to keep heartburn from coming back. rely on tums dual action for fast, long-lasting relief of heartburn.

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"what do you mean homeowners insurance doesn't cover floods?" "a few inches of water caused all this?" "but i don't even live near the water." what you don't know about flood insurance may shock you. including the fact that a preferred risk policy starts as low as $119 a year. for an agent, call the number on your screen. a number of other stories tonight. >> the tragic crash on the hudson last month. the ntsb saying the pilot had actually read back the wrong radio frequency to the

air-traffic controller and was not corrected and he could not be reached moments before the plane collided with the chopper, killing nine people. >> singer chris brown clearing weeds and garb damaage in richm virginia, today after being convicted of attack his girlfriend, rihanna. it's being carried out in virginia because that's where brown lives. the best and worst dressed issue of people's magazine hits the issues. the best dressed, michelle obama and best accessible glamour. and singer taylor swift until kanya had something to say about it. beyonce, named best street sheik. as for fashion mistakes, singer jessica simpson in her mom jeans and reality tv star kate gosselin. >> wow. >> we also showed pictures of

lady gaga. she was on the list of fashion four worst stars, with katy perry. pushing the envelope. >> how many outfits did she wear at the dna awards? >> 18. >> i don't know if you've seen this video. >> i love it. >> a catch by a philly's fan there, with his little girl. we'll show you what happens next. very funny. we'll be right back. moisturizing body washes, you might as well be. you see, their moisturizer sits on top of skin, almost as if you're wearing it. only new dove deep moisture has nutriummoisture, a breakthrough formula with natural moisturizers... that can nourish deep down. it's the most effective natural nourishment ever. new dove deep moisture with nutriummoisture. superior natural nourishment for your skin.

new dove deep moisture with nutriummoisture. 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. for tonight's shot a great catch from a dad and a better throw from his daughter.

take look at this in the philly's home game. dad grabs a foul ball from the bleachers. >> nice catch, dad. >> hand his prize possession over to his little girl. >> and here you go. >> she throws it right away. >> what an arm on that kid. >> dad's so sweet, he just laughed and made sure that emily knew she had done nothing wrong. >> big hug. it's okay. >> how sweet is that? apparently the phillies gave emily and her dad a new ball. >> good dad. >> and good kid. you can see the most recent shots at our website, ac360.com. coming up next, breaking news on the former president's charges of racism, jimmy carter speaking out again tonight on the animosity against president obama. they'll even match it. which means come game time... ...i'm just as ready as he is. game time costs less at walmart. save money. live better. walmart. before i started this job, i admit, i had some doubts.

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