tonight, breaking news. we've learned several of the rescued miners in chile have been released from the hospital. we have late information from the hospital where others are still being checked out. remarkable progress to report. remember the miner with the wife and mistress? the latest on which woman he has chosen to go home to. also tonight, sharron angle squaring off against harry reid in a debate, why sharron angle has claimed two american towns are being taken over by sharia law. she said it on the campaign trail, we know it's not true, now she's trying to explain herself. but does her answer make sense? we're keeping them honest. later, the murder and now mystery on pirate lake. an american murdered, a mexican law enforcement official killed. tonight a bold new theory of how it happened, how it all might have started with a case of

mistaken identity, a mexican license plate on an american truck. we're going to go to chile for the latest in a moment, but we begin tonight with keeping them honest and one of the closest-watched and tightest races this election, nevada republican sharron angle versus democrat harry reid. we'll show you have the most interesting changes in the debate, but to start off, her allegation that two american towns have been adopting islamic sharia law. she first made the comments that we know of more than two weeks ago, but only yesterday finally got around to backing away from the claim. only sort of. and only after being asked point blank by cnn. here's an audio clip of what ms. angle originally claimed. >> we're talking about a militant, terrorist situation which it's -- i believe it isn't

a widespread thing, but it is enough that we need to address. and we have been addressing it. my thoughts are these. first of all, dearborn, michigan and frank fort, texas, are under constitutional law, not sharia law, and i don't know how that happened in the united states. [ applause ] it seems to me that there is something fundamentally wrong with allowing a foreign system of law to even take hold in any municipality or government situation in our united states. >> that certainly sounds scary, of course we did some checking and it turns out frankfort, texas is just a church and a graveyard. it doesn't even exist as a municipality, it was absorbed into the city of dallas in 17 1975.

dearborn, 30% arab-american, and certainly no sharia law. we talked to dearborn mayor john o'reilly. >> no, there's no sharia law in dearborn, michigan. in fact, there's hardly any sharia law in the middle east, only about three countries still actually carry that out. >> has there been an effort by anyone in dearborn to get sharia law instituted? >> oh, no, no, no. it isn't even talked about in dearborn. >> so where did sharron angle get the idea and why was she so confident it was true, that she had no problem talking about it on the campaign trail? she wouldn't come on the program to tell us, we asked, she declined. like many candidates these days she rarely speaks with someone who doesn't already agree with her. but yesterday cnn's jessica yellin did manage to get ahold of her. >> reporter: what's your evidence, your proof that there's sharia law in the u.s.? >> all i had was just some articles i read that there were some things that were happening

that indicated that there might be something like that going on. i'm not of course an expert on what goes on in any municipality, but certainly i believe in the freedom of religion and that none should be persecuted for their religion. >> so she said she just read some articles, or perhaps maybe it was just one. here's what she said to a conservative radio host lars larson. >> did you say sharia law was in place in dearborn right now? >> i had read that in one place, that they had started using some sharia law there. that's what i had read. >> that's as specific as she gets. sharron angle is tied with harry reid in polling. let's talk about it with nancy foetenhower, eliot spitzer, and david gergen. a lot of people outside nevada see sharron angle making comments like that which aren't true, or divisive comments or

controversial ones and don't get why she's tied with harry reid. what do folks outside the state not understand what's going on in nevada? >> i think we don't understand how conservative nevada is and how unpopular harry reid is. he was a dead man walking until sharron angle got the nomination. and the fact she's now tied with him i think is an indication of his weakness. we'll have to wait and see how this debate turned out tonight, but there's no question that webster and calhoun are safe. their reputations are safe. nobody threatened them in that debate tonight. i thought that harry reid had a much better grasp of the legislation out of washington. he's a master of all that. but she's captures the spirit of the times. and he did look a little old at times. i thought she probably helped herself, but again we're outside. and if you've got to be in nevada to really appreciate just how intense the feelings are on both sides. >> eliot, the debate was not exactly -- we expected some sort of fireworks between the two. there really wasn't much of that at all.

>> very few fireworks until the end until she made a vague reference to how he got wealthy in the senate, saying don't challenge my integrity, but i think david is right. the caliber of the debate was not going to be memorable. but i think the reason she's doing well is it came out in the debate. the rate of foreclosures in nevada and the unemployment rate in nevada, the highest in the nation. this is a very conservative state, gripped by an economic debacle right now, and, of course, right now people are blaming washington, the federal government, rightly or wrongly. so you understand why she has an appeal to a dissatisfied, angry, anxious public. i agree with david once again, you know, harry reid showed a grasp of the substance, not, you know, he would give a great deal to be as powerful communicator as president obama, but he just doesn't have that skill set. >> nancy, harry reid does have a sort of turning out the vote

machine, do you think -- he's hoping clearly that's going to make a difference on election day. do you think he's going to win? >> i think it's going to be a dead heat right to the finish. it's all going to come out to turnout and intensity. i have to say most of the objective measurements of intensity show it more to be on the side of republicans or independents who frankly have embraced the republican label, although they prefer none of the above in many instances. so i do agree with eliot in that this is about jobs and the economy. and the problem is that you can't be senate majority leader and distance yourself from the administration. it just doesn't work. and what we've seen in the last two years is 3.2 million jobs lost. and the foreclosure rate is abysmal in nevada. so they are looking for a change in direction, and if you're harry reid, that's just very difficult to position yourself as the author of change. >> i want to play for our viewers just some of one exchange during the debate tonight. >> not at all. i'm glad to give voters the opportunity to see that harry

reid has voted to give social security to illegal aliens. not only did he vote to give it to them after they have become citizens -- >> my opponent didn't answer the question. everything she has said in that ad is false. it's not true. i've never voted for tax breaks for people who are here that are illegal. >> you know, david, it seems like -- does it seem in this campaign, not just this campaign, but in this election cycle, that kind of the truth is getting lost? i mean, it happens in every election cycle, there are campaign ads, things get said that aren't true, but does it maybe just we're calling them on it more, but it feels like candidates on both sides of the political aisle are making claims and slinging mud in a way that maybe we haven't seen before. do you think that's true? >> i think that is true, and particularly because one won't sit down and talk to the press in an open, fair way. >> and that's different than past years? >> yes, i think it is.

i've never seen candidates duck quite so intentionally and to do it in such a sort of whole hearted almost boycotting the press as a way to provide information. and as we saw in this tonight, they talk past each other. they want to make their own talking points but they don't engage in real -- it's not a real debate. again, i thought harry reid had sort of the better grasp, but what's striking about this debate, anderson, what's very different from what we've also seen in the past is we've got one candidate, harry reid, arguing the sort of traditional democratic point of view. but sharron angle is not arguing a traditional republican view. richard viguerie pointed this out to me yesterday, the conservative richard viguerie, that sharron angle and the tea party represent people who want to roll the clock back. they don't want to accept what's out there now. they want to repeal it. they want to go back to a very different form of government and it's a very different argument. as i say, i think she's capturing the spirit of the times, or at least a fairly significant portion of the

population. >> eliot, do voters want to hear facts anymore? or are we so polarized now that it just about who are you supporting and kind of siding with them? >> i think they're voting for a pure ideological perspective, basically saying neither side is going to tell me the truth. that's a very sad state of affairs, of course, but we in fact had richard in our show this evening and he was saying this is in an interchange with him, this has been a fourth iteration of a republican revolution. and really as david just said, the public, those supporting this, and i think it's a rather slim group, of course, they're saying we're going to completely undo the foundation pieces of government, whether it's social security, the education department, every major building block that has created our society, they want to challenge it and take it back. in that context, saying that she's not getting some of the facts right just doesn't seem that important. this is a raw, visceral, emotional response. >> and nancy, i should point out, i don't want to sound like we're bashing republicans here for not appearing on programs. i've been trying to get sanford

bishop, democrat from georgia, to talk about congressional black caucus foundation scholarship money he's been giving to friends and family and he's been running pretty hard from us. >> the bottom line is i disagree with eliot on this one in that i think people want facts, i do think they're not trusting anybody with a label to give that to them. but it is i think very true that independents, particularly, are turned off by the nastiness and negative campaigning. what's happened both at the national level and at the state level is that you're seeing people embrace a strategy of demonizing their opponent and that chills debate. it does not help move the ball forward. now, i would think it's not -- i don't think it's fair to characterize one candidate here who we heard debating as speaking in untruths or half true statements without also mentioning the majority leader has a long history of let's at best say unartful phrases.

so i mean, we don't have enough time in this program to go through all the unartful phrases that have been uttered by both candidates in this particular race. >> thanks very much. quick reminder, don't miss "parker/spitzer" 8:00 p.m. eastern here on cnn. let us know what you think, the live chat is up and running. the breaking news from chile where several miners have been released from the hospital and some of the rescue miners are speaking out tonight. also who will one of them go home with? his wife or mistress who greeted him at the rescue site? and later did a mexican license plate on david hartley's truck set off a drug turf war that took his life? we'll explore it when "360" continues. [ male announcer ] how can rice production in india,

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[ applause ] chi-chi-chi-! le-le-le! los mineros de chile! hope you were with us for that moment last night. we brought that to you in the 11:00 hour. that was manuel gonzalez, the

final rescuer out of the mine in chile and the first to go into it. greeted like a hero of course, coming and going. he spent about 25 hours underground. tonight, the 33 miners that he helped to rescue are doing remarkably well. the breaking news, several have now been released from the hospital. doctors now say all of them could be out over the weekend. take a look at this new video we just got in tonight showing several of the mers being taken care of in the hospital, looking good and in good spirits. one of them still wearing the glasses, in fact nearly all of them there, still wearing the glasses that they were given as they left the mine. that's in a meeting with chile's president. they began telling of their long ordeal. mario gomez approached a breaking point in the days leading up to the rescue. the others are speaking out as well tonight. there's also the case of yonni barrios, the miner met when he came out by his mistress, not his wife. the question is who will he end up going home to. let's go to gary tuchman on the scene. gary?

>> reporter: anderson, all 33 of the miners had been mandated to go to the hospital. the good news, several of them are out of the hospital and home with their families. we're told many more will be released tomorrow. no major medical problems whatsoever. one miner has slight pneumonia, a couple other miners have dental problems, a couple others have skin problems, but the good news is no major problems whatsoever. officials tell us the only complaint they've gotten from any of the miners was from mario sepulveda. his complaint is i don't want to be treated like a celebrity, just a common man. we come to you from camp hope. camp hope is where the family members were living while waiting for their loves ones' return. they are now gone because of all the excitement and success. speaking of the success, we want you to listen to the words of one of the miners and see this miner. we got some extraordinary footage by a journalist, jonathan franklin. he got this interview with minor

28 of 33 right after he was rescued. >> translator: we were all waiting for that. we were all very thin. i lost 12 kilos. i was afraid i was not going to meet the child that was on the way. it was the thing that most scared me. i think the worst thing is to pass three, four, five days without food. to know that there might not be any future. >> gary, i noted that they're all still wearing those glasses. i guess they'll have to keep those on maybe for -- do we know how long they'll have to keep them on? >> reporter: not sure. each man will be different, but that's a major problem. they've been in the dark for so long, they need to have those special sun glasses and doctors will determine how long they have to wear them. one thing i want to mention to you, 12 kilos, want to convert that to give you an idea, that's 27 pounds he lost. >> especially in the first 17 days when they really only had cans of tuna and mackerel and water to sustain them, and had

to ration it out. i think it was about one can every couple of days per person. what about the guy who was both married but apparently had a girlfriend and at one point they were both there at camp hope, then it was the girlfriend who greeted him. where is he going? >> reporter: well, yonni barrios is his name, and for weeks it's been widely talked about and openly talked about that he did have a wife and had a girlfriend or a mistress, whatever you want to call it, so there was active betting here among many people. not just the families but some of the journalists too. not necessarily money, but will it be the wife or the mistress greeting him when he came out of the capsule. and for a lot of us, we thought it'd be great if they were both here. but it was indeed his mistress. the wife decided she didn't want to be here with her. >> and he's going home to the girlfriend? do we know? >> reporter: you know, i don't know the answer to that exactly, anderson. i think that will be in "soap opera digest" next week.

>> to be determined. they'll have their own reality show, no doubt. amazing they're doing so well. it's certainly great news. gary, appreciate all the reporting. it's been many days for you as well. like you, we've been completely taken by the 33 miners and the operation to save them. there's a lot of details that we're really just learning about what they went through underground, in particular, i'm particularly fascinated by the first 17 days. tomorrow night at 10:00, we're devoting the whole hour to it, beginning to end, from the cave-in all the way to the remarkable rescues and updates on their health conditions. so that's a special "360," "countdown to rescue." don't miss it, tomorrow night at 10:00 p.m. eastern. ♪

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crime and punishment tonight began with a reported murder on so-called pirate lake and now it's a mystery. the case with more questions than there are answers. first and foremost, what happened to and where is david hartley? his wife tiffany claims he was shot and killed while they were jet skiing on the mexican side of falcon lake two weeks ago. his body hasn't been found. earlier this week the lead mexican investigator in the case was found beheaded, presumably by mexican drug traffickers. now comes a theory but a texas think tank stratfor, that it may be a case of mistaken identity in an ongoing war of drug cartels.

we sent ed lavandera to sort out the facts. what have you found? >> reporter: well, according to this latest intelligence think tank based in austin, the author of the report has talked to six sources in this case, and go back to the beginning of the day that they were driving out to the lake in their pickup truck with two wave runners. the hartleys used to work and live across the border in the town of reynosa. they have mexican license plates on their truck. according to this report, they believe spies working for the drug cartel the zetas, noticed them going toward the lake and became suspicious of what they were doing. then they alerted their counterparts on the other side of the lake. when they approached this one area in particular, that is believed to be heavily guarded and protected by the zetas organizations that's when they were confronted. i spoke to tiffany about this, she doesn't remember anybody spying on them.

the first thing she noticed is when they were being attacked. have you gotten any more answers as to what might have been the reason? >> we kind of -- it's just a rumor, but we don't know, that maybe we were spotted at the boat ramp and, you know, maybe because we have mexico plates on our truck, on david's work truck, that they mistaked us for somebody who is a threat. and they of course contacted their people and didn't follow us because we didn't have anybody behind us and we didn't see any boats but they just kind of kept people knowing where we were going. and having two jet skis, i'm sure that was pretty valuable for them. >> so, ed, what are local investigators telling you about this idea, this report? >> reporter: well, look. the sheriff we spoke with in zapata, zapata county where falcon lake is, he says i can't corroborate this, but it seems to go along with other cases he's heard of in the past.

he doesn't think it's farfetched. you take into account also the beheading of the lead investigator, and all of this is sending a chilling effect through the investigative ranks on the other side of the border. what do you make of what's happened in the last 24 hours, the news the investigator's head being decapitated, delivered to an army office across the border, what do you make of this? >> i make that as a message to mexico to back off from the search, to stop, back off with the investigation. i think in a case like this, i understand they do their own justice to their own people that caused this and go from there. >> when the lead investigator in the case in mexico gets beheaded, i can't imagine what that does to the actual investigation on the mexico side of the border. do mexican authorities at this point have any suspects? >> reporter: well, you know it's interesting. listen to what the sheriff said

in the end about how they take matters into their own hands. according to the stratfor report, this was not an authorized attack or murder, if you will, by the seniors of the zeta organization. so essentially the men who carried this out if this is indeed what happened, will have to face the consequences for that. the last thing these organizations want is this kind of publicity, believe it or not, and essentially what the writers of this report say, don't be surprised in the next couple of days the people responsible for murdering david hartley turn up dead themselves. >> let's talk about the report, the idea that david hartley may have got be caught in the middle of the war between violent drug cartels. joining me now, john burton, the author of "ghost, confessions of a counterterrorism agent." this series of events is just surreal, like something out of a novel. unfortunately it's all too real. this man, david hartley, disappears. his wife says he's been shot on the jet ski, then the lead investigator gets killed. is there real escalation of

cartel activity in this area or is this kind of the norm? >> anderson, it's just more of the same for mexico, and i think that this is an issue that the mexicans really don't understand, either. meaning the media interest surrounding this case is a bit of a surprise to them as well. >> we're paying attention because an american was killed, and in an unusual way, whereas thousands of mexicans have been caught up in this drug war and killed every single year. >> exactly. and in essence, though, the problems back on the local sheriffs and the state police agencies and the texas rangers that are staring down the barrel of the gun with limited federal resources at times to police this area. >> how realistic is it that this drug gang, the zetas, first of all, who are the zetas? my understanding is they used to be members of paramilitary forces or special forces or law enforcement in mexico, and basically became a drug cartel of their own.

>> they were actually hired by the gulf cartel to be the enforcers, the bodyguards, the protecters of the gulf. they broke off on their own. they're a standalone cartel now. they're extraordinarily violent. their signature is the chopping off of the heads. they have a tremendous reputation on the street as being an organization that you don't mess with. and i think that the war lord that controls this area, miguel trevino, he's going to find the killers and probably take care of them and we'll never see them again. >> why do you say that? because you believe this was not a sanctioned killing? >> it's our understanding this was not a sanctioned killing, which raises concern within the organization, because this kind of notoriety is bad for business. and this is a disruption to their supply chain, and they exist to make money.

>> these -- david hartley was killed apparently according to the wife's story on the mexican side of the border, miles into mexico on the lake. how likely, though, is it that they had spies on the american side watching them go in? is that common? >> it's very common, anderson. and all the little border towns and little areas there, they have spotters with handheld motorola radios, they're using message texts and cell phones. they're on the lookout for individuals that may not belong, spies, informants, undercover dea agents and so forth. >> how concerned do you think -- are you surprised that violence hasn't poured across the border from mexico, given -- there's a war zone going on in mexico, right across the border. >> well, i know we have tremendous intelligence gaps on just the scope of violence across the border. there's some troubling trends with grenades coming across from time to time. we've seen the escalation of the

improvised explosive devices detonated along the border. local law enforcement have really got their hands full in trying to deal with this problem. >> fred burton, appreciate your ideas tonight. thank you. still ahead a cold case we cannot forget, the murder of jonbenet ramsey. police want to talk to her older brother, burke. you may remember, he was just 9 years old at the time of the crime. said he was asleep during the whole thing. he's 23 now. the question is, why do they want to talk to him now, and will he be willing to meet with the police after all that family has been through? find out tonight. you're an exch. what? they think you're a businessman, using our house to meet new clients in china. for reals, player? [ woman speaks chinese ] they overheard a phone call. [ speaks chinese ] something about shipping with fedex to shanghai. and then you opened a bottle of champagne. that was for a science project. [ man and woman speaking chinese ] i'm late for...soccer... rehearsal. [ man speaks chinese ] you and i are cool? i'll be home by curfew. [ male announcer ] we understand.® you need a partner who can help you go global. fedex.

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another crime and punishment report tonight, a cold case that haunts everyone, 14 years later now getting new attention. jonbenet ramsey, hard to believe but she would be 20 years old today had she lived. the child beauty pageant queen remains frozen in time, the blond, smiling 6-year-old. the brutal murder the day after christmas, 1996, still unsolved. jonbenet's older brother burke, long ago cleared of the crime has been approached by the police to come in and talk to them. the question is why and will he do it. here's tom foreman. >> reporter: in the enduring mystery of jonbenet's murder, burke ramsey was the 9-year-old brother who by all accounts slept soundly in his room that christmas of 1996 while his

sister's skull was fractured and she was strangled nearby. now he's 23 and though police investigators aren't talking, a ramsey family attorney says officers have invited burke to discuss the case again. so far he's declined this latest request, and good for him, say some legal analysts in the colorado foothills. he's answered all the questions many times before. larry posner is a denver defense attorney not connected to the case. >> burke ramsey has been completely cleared. and to way back at the beginning of this case when tabloids said otherwise, they got sued and i believe they settled, paying large amounts of money. burke ramsey has nothing to do with this case. >> reporter: the murder of jonbenet was little more than a tragic local news story that holiday season until her parents appeared on cnn. >> there is a killer on the loose. >> absolutely. >> i don't know who it is, i don't know if it's a he or a she.

but if i were a resident of boulder, i would tell my friends to keep -- >> it's okay. >> keep your babies close to you. there's someone out there. >> reporter: patsy and john ramds ramsey's comments turned the story into a sensation, how could a 6-year-old girl be killed in a quiet neighborhood and no one see or hear a thing? as parents pushed for answers, early evidence seemed to point their way. there was no sign of forced entry, no footprints in the snow. the rope tightened with a paint brush from her mother's hobby kit. an alleged ransom note written from paper inside the house and some thought the handwriting looked like patsy's and the body was found in a little-used basement room police didn't even

notice at first. investigative reporter julie hayden says all that had people asking, could a stranger be responsible? >> it's sort of like a puzzle. how do you put all those pieces together? was it an intruder? wasn't it an intruder? if it was, how on earth did this happen? on the other hand, was it a family member? well, how could that happen? how could somebody do that to their own child? but it's got to be one or the other. you know, somebody killed jonbenet. >> reporter: the ramseys hired lawyers, a publicist, and soon their relations with investigators were noticeably strained. >> the boulder police engaged in a crime scene search and preservation that was worse than amateurish. it borders on criminal. >> reporter: police have always defended their work, but despite all the scrutiny, all the hours of investigation, nothing. each possible break in the case, each supposed suspect over the years, has proven worthless or a fraud. just two years ago the district attorney said new dna testing

methods had cleared all family members of suspicion. >> we're certainly grateful for the acknowledgment that we are innocent, this was an intruder which of course we've always maintained. >> reporter: so does jonbenet's brother have some memory locked away that could unlock the case? attorney scott robinson who has also followed the story closely says not likely. >> even if burke were to have some miraculous memory that could lead to the arrest of a suspect, that information would be so dated and so questionable that most criminal defense attorneys would have a heyday with it at trial. it's very problematic to be using information that would be so stale from an individual who did not remember it before. the colder the case gets, the colder the trail gets. >> reporter: the main figures are almost all gone. to other jobs, other cities, some, including patsy ramsey, have died. leaving so many questions and one terrible fact.

a 6-year-old girl was killed, and no one has ever spent even a day in jail for her murder. >> tom foreman joins me with senior legal analyst jeffrey toobin. you've been following this case for years and years and years. do you remember anything about burke back then when he was younger? he was just 9 years old when this crime took place. >> i remember a lot about him. i know he attracted a lot of attention because he was in the house, the younger brother, nearby. a lot of people paid attention, and there was pretty overwhelming evidence from the beginning that he had nothing to do with this. i even remember an appearance by the parents at their local church where they were surrounded by church members, there were people everywhere, and i remember burke and a friend of his sort of running around through the crowd and seemingly not even being paid attention to by his parents for a while there, and that struck me as odd in a couple ways. one, because if he had anything to do with this crime and his parents knew it, there's no way they'd let him run around like that. secondly, if he knew anything about the crime, they wouldn't let him run around like that.

that was one of the things that i saw firsthand. but also as i said, the evidence just overwhelmingly said over and over again, he slept through this whole thing. >> why do you think interests have turned to him now? do you think police are clutching at straws? >> two theories here, one is that the police have always, always, always been hurt by that kind of criticism and that they're desperate to somehow some day prove that they knew what was going on. the other theory, which i tend to go with, is it's just his age. people have waited for ages to say, look, let's wait until he's through his teens, wait until he's through with college, where he's an adult to be totally free to say something if he wants to. i think that's what they're looking for >> it's understandable why he wouldn't want to, given all his family has been through. >> absolutely. the paradox of the current situation is you can sort of understand both sides' perspective. it is frustrating to the police, as it should be. to solve a crime that should have an answer. there are so many clues, there's such a limited universe -- >> so many contradictory clues.

that's what's so endlessly fascinating about this. >> you can see why they want to talk to burke, because he's one of the handful of people who might have had some firsthand knowledge of what went on in the house. but you can certainly understand burke's perspective which is, go to hell. i've cooperated. i've done my best. my family's cooperated. this has been nothing but pain for us. i'm not going to tell you anything new that i couldn't have told you five, ten, 15 years ago. and i can certainly understand his perspective as well. >> tom, the essential evidence that really stands out to you that's most sort of odd and contradictory and hard to kind of wrap one's mind around, what is it for you? >> for me? i've always said to people the central problem of the evidence in this case is that -- as i've cited before, there is a whole bunch of evidence here that points to the family. there is not, however, the definitive evidence to say, when, where and why did this happen if they did it? the flip side is, you have to clear a lot of hurdles to get

through this theory that some kind of outsider came in and did it, and that's the problem on that side. so as jeffrey just said there, you know, you find yourself looking at this and looking at it and looking at it and saying i don't know. that's been the problem from the beginning. the investigators closest to it have told me this for 14 years. they've said when it gets down to the final event, we just don't have the final proof. >> and short of a confession, it seems like it would be very hard for some sort of new evidence to suddenly pop up. >> that's true, with one possible exception. the technology has changed and improved. dna evidence, which seemed to exonerate -- there does appear to be -- and tom can fill this in, that there was dna evidence at the crime scene that was not a family member, that did support an intruder theory. but there have been refinements in dna evidence, in getting dna off of things that we didn't -- we weren't able to do that. so it is possible. one thing that might have

triggered a change in the police tactics is some new scientific -- >> tom, do you think that's possible? >> well, i don't think it is, actually. the reason i don't think it is is because from the beginning one of the problems is the dna was always, always, always very small. we're not talking about a splash of blood or something else that can you really measure, this was always very, very small. and i think the problem, jeffrey you can tell me if this is true or not, i think the problem is when it's that small, there's always going to be the alternative answer that says, yeah, it's such a small amount, maybe it came from the guy who worked at the dry cleaners, or maybe it came from somebody who worked on the washing machine at home, and after all these years, i don't think technology's going to solve this. >> fascinating. >> beats the hell out of me. up next, waiting for superman, the new documentary has a lot of people talking about education in the country. tonight's perry's principles report. it shouldn't be that you have to win.

whether it's a public lottery or not t shouldn't be you have to win a chance at a great school. . and aleve was proven to work better on pain than tylenol 8 hour. so why am i still thinking about this? how are you? good, how are you? [ male announcer ] aleve. proven better on pain.

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"waiting for superman," not without controversy, follows

kids and their parents on the quest to get a quality education in 21st century america. on the face it sounds like it shouldn't be a challenge, but for many families across the country it is. in tonight's report, steve perry talks with the documentary producers david guggenheim and leslie chilcot. >> reporter: you said something in a number of interviews that i think a lot of people experience but few ever acknowledge. you were driving by a school, and then another school, and then another school until you got to your children's private school. tell me what that -- what happened inside you that made you think, there's something to this story. >> i'd originally said no, when the participant media asked us to do the movie about public education, i'd done a movie ten years ago and i said, it's just too complicated. like i don't know how you tell that story.

and the next morning i'm putting my kids in the minivan, you know, with the backpacks, going to school. and i'm a visual person. i go off impressions. and i'm driving. out of the corner of my eye, i go, that's my neighborhood school. that's where the kids in my neighborhood go. it was like, is it enough that my kids are doing okay? and what about other people's children? and i said, that's the angle in. >> reporter: there's a myth out there. i run a public school. >> right. >> reporter: 85% of the children in my school are black and latino, 70% are poor. and you punctured a myth that parents from those communities don't care. >> right. >> reporter: tell me about what's real about parents in the communities that you were in, and what's a myth? >> when we were looking for these families to follow loerks because we follow five family that's will doing everything they can to get into a good school. we would go to parent info night all across the country and we did not find a single parent

that didn't care. some didn't know how to advocate for their kids, but they were showing up, filling out applications. if the one thing they could do right for their kids, for their future, rather, would be to get them into this great school. >> reporter: one of the points that you make is about the impact that a teacher has on students' performance. we often hear the union talk about how important teachers are. yet they won't let people like me, or principals, get access to the teachers we want. it was said by at least one member of one union, or one president of one union, that this is anti-teacher. is it? >> no. it really isn't. and we -- in our movie we talk -- anthony's first -- it's a district school, and show us success. that was a district union teacher.

leslie and i never wanted the discussion -- we thought it might happen, that the discussion gets pro this and anti- that. i only thing i thought we were ever pro is the kids. anthony says, i want my kids to have better than i had. >> reporter: stop right there. that was a powerful point in the film. >> yep. >> reporter: when you asked him, you're already thinking about your kids? >> yeah. >> reporter: i wondered what you were thinking when you heard him say that. >> i couldn't believe it. i couldn't believe it. this -- the self-awareness of these kids. >> he's a little kid. >> he's a little boy, but he sees, he lost his dad to drugs. >> reporter: i know. >> his grandmother says he never met his mom. and this kid has a self-awareness, like something is not quite right. but he sees a school that offers him a chance. and he wants to go to that school. and it shouldn't be that you have to win, whether it's a public lottery or not, shouldn't be that you have to win a chance at a great school.

>> reporter: this movie is more than a movie. >> because it's a movie, because it's so emotional, and when you see these five kids, you're like, look at what we have done. look at what we have done to the system and how we have this crisis. so it's a movie first, and then now it has become a movement. >> so what role do you think media has in impacting education? >> reporter: in this case, when i watched "waiting for superman" i felt i was watching a rodney king video. because finally -- i'd known this happened but finally somebody caught it on tape. what the media can do is both predict and in some places set the standard for what is acceptable. and even in education, even in education, the media can play a very meaningful role. because we are all watching. >> steve perry, thanks. we'll be right back. s you ke standard safety features "than you. "10 airbags... daytime running lamps...

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