all we can do is just stand before god counting on his mercy. >> my wife has been -- we've been through a lot this year, and it means a lot to share joy together. >> it was just like smoke gushing out. we're just -- we grabbed all our stuff but they told us to get out. it's very important you cut the head off the snake and the rest of them know we mean business. >> wow. that's some of what you are saying. i'm richelle carey in today for

christi paul. let's get started. recovery crews in west virginia now have the grim task of recovering the nine remaining bodies inside the upper big branch mine. two separate crews made their way inside the mine this morning and a team of federal investigators is arriving today to try to start to figure out what in the world caused that deadly explosion last week. some of the 29 men killed in the blast have been buried. president obama ordered u.s. flags in west virginia to be flown at half staff in honor of those miners. and west virginia's governor is asking people from all across the country to observe a moment of silence today at 3:30 p.m. eastern time. in about two hours, we'll find out whether nfl star ben roethlisberger will face charges in an alleged sexual assault. last month, a 20-year-old college student accused him of sexually assaulting her at a nightclub in millageville, georgia. "in session's" jean casarez joins us with all the latest. you've been following all the

angles, making as many phone calls. what do you know about this? >> this all alleged to have happened in the early morning hours of march 5th. and ben roethlisberger was in georgia because he has a home near millageville, which is where this all is alleged to have happened. it's a small town, college town. he was seen in the local bars that night and had a female companion with him. witnesses say they went from one bar to the other. well, then what we know is in the early morning hours, this alleged female sexual assault victim went to a local downtown police officer and said i've been sexually assaulted. and she went to a hospital after that. she was subsequently released. then she went to the police or they came to her, a criminal complaint was filed by her and thus began a georgia bureau of investigation. this is a law enforcement investigation. they look at the facts. they interviewed countless witnesses. they started a defense

investigation before charges were even filed. it went into the hands of the d.a. last week and we expect in just a couple of hours, richelle, the district attorney will announce if there are going to be charges in this case. >> jean, does part of the investigation, one would assume, means you talk to the accused. do you know whether or not that happened? >> yes. they have spoken with the accused. they have spoken with other countless witnesses. i think today at 2:00, they'll see how much they say. but she went to a hospital. that means a sexual assault kit was taken, where there can be forensics involved. what we do know is that roethlisberger did not submit any dna at all. he had ed garland as an attorney. by not submitting dna, might you say there was no dna to test on? could that be one issue right there? i can confirm with you also that he never did speak with his police. but that is common sense. he got a defense lawyer right away and that defense lawyer

then took care of things for him and he did not give a statement himself. >> so the accuser did speak with police. when i say the accused, ben roethlisberger actually did not speak with police. >> yes, you are correct. >> this may be going out on a limb, jean, but does that also mean in a case like this, you or i wouldn't have to speak to police either? >> i think what this -- the lesson to be learned at this point is, get yourself an attorney and get yourself the best attorney you can and they began a defense investigation. they had an investigator that went out and interviewed witnesses at the very same time that the georgia bureau of investigation was doing it. they then had their results and they must have submitted them to police and investigators also at the same time. that's the moral of the story here. >> jean, thank you for the wrap-up and the look ahead. we'll know more at 2:00. thank you, richelle. well, leaders from 46 different countries are joining president obama in washington today kicking off a two-day

nuclear security summit. they're going to discuss what president obama calls the biggest concern for the world and u.s. security. of course, that is keeping nuclear weapons out of the hands of terrorists and rogue nations like iran and north carolina. that's what the president says. this comes one week after president obama and russia's president agreed to cut the number of nuclear weapons in both countries by about one-third. the two-day summit is the biggest assembly of world leaders hosted by an american president since 1945. one of the main points of the nuclear summit making sure terrorists like osama bin laden don't get nuclear weapons. how big of a threat do you think the al qaeda leader is? we hit the streets to get your views on bin laden. >> i'm joe carter. and this is hln's views from the streets. osama bin laden. it's been nearly nine years since the september 11th attacks. how important is it that we still catch him? >> let me show you some video of osama bin laden. >> uh-oh. >> remember this guy? >> osama bin laden.

>> yeah, the most notorious terrorist. >> he's an idiot. what can i tell you. his beard is too long and it's too gray. >> do we still need to capture this guy? is that important? >> yes. i think so. >> i say financially, no. i am just done with it. >> it's good if we can capture him but spending billions of dollars to capture him may not be worth it. i'd rather spend it on something useful. >> it's very important. you cut the head off the snake, then the rest of them know that we mean business. >> a hunt going on for so long. we need to finally put it to rest. do our power to bring him to justice. >> i'd like to catch him but, hey, i'm not worried about him. he's not part of my life. >> really would be more symbolic than anything else. i don't think it would matter too much. >> i don't think it's real important in terms of the war on terror that it would make up much safer. >> how important is osama bin laden to al qaeda? >> i feel like he's less important now because you have so many other cells in different countries. >> i don't think he's very important to al qaeda.

>> i think he's a major influence to people that believe in him. >> do you finishing we do capture him we'll capture him alive? >> no. i don't think. >> i don't really think they would allow that, but i think that's the way that the government might want it to seem. >> i think he'll be captured dead or just be missing altogether. i don't think they're going to drag him out of a hole like you did hussein. >> killing him is not going to stop terrorism. >> i am joe carter. i'll see you on the street. president obama says intelligence suggests bin laden's associates are still trying to get materials to build a secret nuclear bomb. two people are in critical condition after a massive fire ripped through an apartment building in manhattan's chi chinatown. 30 firefighters were also injured in this fire. it was a seven-alarm fire. it broke out at about 10:15.

it took hours for crews to get that fire under control. the fire spread to other buildings. a fire department spokesperson says three of the four buildings that caught fire are gone. still trying to figure out what caused the fire. a famous celebrity biographer claims she knows more about oprah winfrey than oprah knows about herself. why the author is refusing to divulge what she knows about the queen of talk's biological father.

anti-government protesters in thailand carried their dead comrades through the streets of bangkok today. the redshirts, as these protesters are known, want the prime minister to resign. 21 people were killed this weekend in clashes with thai security forces. 17 of the dead are civilians. four are military personnel. more than 800 others were hurt. the country's election commission said today the ruling party must be dissolved for misuse of donations. at least 11 people were

killed today when a landslide in the alps caused a train to derail in northern italy. five people are seriously injured and italian officials say the death toll could rise. mud from the landslide got into the train's cars and suffocated the passengers. we don't know how many people were actually on board. this is a small, local train. poland's president will be buried on saturday. lech kaczynski and 95 other people were killed in that plane crash on saturday. russian investigators say there were no technical problems with the soviet-made plane. they are suggesting human error caused the plane to go down during a landing attempt in dense fog in western russia. dozens of polish political, military and religious leaders were all on that plane that is owned by the polish government. only 14 bodies have been identified so far, including the president and his wife. kaczynski's body was returned to poland yesterday afternoon. you can see it there. americans with ties to poland packed churches in chicago and new york to remember

poland's president and the others who were killed in that crash. outside of poland, chicago has the largest concentration of people of polish decent. >> all we can do is just stand before god, counting on his mercy. >> poles are known for their courage, for their survival skills, and they are also known for their freedom-loving aspirations. so poland will be fine. >> a massive crowd. look at that. flocked to the presidential palace in poland yesterday leaving all those candles. what a picture there. a week-long period of mourning there. the crash also killed the polish first lady and many top officials. it is still not clear what caused it but investigators have found the plane's flight data recorder. an american family put their adopted 7-year-old son on a plane to russia.

that has touched off a major international conflict. top state officials will go to moscow to try to restore diplomatic relations and smooth things over. a tennessee woman adopted the boy from russia last year and renamed him justin. last week she said she simply had enough with him and sent him back. his adoptive grandmother said no one warned the family about the boy's violent tendencies. she says the boy is out of control. she claims he had a hit list of people he was targeting for attacks, including his adoptive mother. she also claims he tried to burn down the family home. the family says the russian orphanage where he lived never told them about his problems. the russian orphanage is outraged and his canceled all russian adoptons of children. american diplomats will try to get that reversed. in general, the question we're posing to you, not necessarily the way this woman handled it,

but should you be able to return a child you have adopted? we're looking at this as a moral question. should this ever be an option? it has happened before. it's not common, but it has happened before. call us right now at 1-877-tell-hln. e-mail us at cnn.com/hln. text hlntv. standard text rates apply. it's also posted on my facebook page and chuck's as well. we're going to talk about this today. should you be able to return a child you have adopted?

phil mickelson admit he's doesn't usually cry over winning. it is different this time, though. the emotional support for his family was evident by the large crowds who greeted mickelson wherever he went at the masters over the weekend. it continued with the loud applause when he officially won his third green jacket yesterday. and then that touching moment right there as he hugged his wife. it was her first appearance at a golf tournament since announcing last year she has breast cancer. afterwards, mickelson was really caught up with emotion. look at this. >> i really want to recognize my family. my wife has been -- we've been through a lot this year, and it means a lot to share some joy together.

tiger woods stuck around for the weekend. but there were not a lot of highlights to his round. he wasn't conte in contention t fifth green jacket. the highlight of the day came at the 8th where he holed out for eagle. his return to golf after the sex scandal broke did win back some fans. woods says he'll take some time off to re-evaluate things. rescue workers are still searching for an 11-year-old girl missing in florida since last week. more than 150 people from different state agencies joined in on this search. they are looking for nadia bloom. last week her parents found her abandoned bike and helmet in their neighborhood. they think their daughter, who is mildly autistic, may have wandered off while taking pictures with a new camera. we will keep you posted. looking for the best carrier to fly? researchers at wichita state and purdue university say hawaiian airlines was top last year.

rated airlines on on-time arriv arrivals. they have been ranked the best in three of the past four years. overall the group said more flights from all the carriers arrived on time last year and fewer people complained about lost luggage. because everyone is carrying it on. all right. the space shuttle program is ending. a new race to the moon won't happen. what is nasa to do? that question prompted a number of nasa workers and contractors to hold a save space rally on the florida coast near kennedy space center. organizers claim the space agency's cutbacks could eliminate as many as 9,000 jobs in the area. >> we are very supportive of america's human space flight program and we want to retain leadership. we want to send a message all over the world that we want to continue our leadership by maintaining our own capability of putting astronauts into space. >> the agency could actually increase the number of its employees. nasa will be developing an entire new rocket technology,

and that will increase its overall budget. we hear stories every day about people who become victims of identity theft. how do you protect yourself? clark howard tells us there's only one sure fire way to do it. >> want to give you a fair warning about a letter that may unfortunately show up in your mailbox. over 3 million to be exact -- 3.3 million people -- have had their information compromised. name, social security number, address and a bunch of other personal information was stolen from a student loan company's offices. now here's what you need to know. when you get that letter, they are going to offer you a credit monitoring service for free. credit monitoring, in my book, is a waste of your time. if you get one of these letters, the only true way for you to protect yourself is to lock down

your credit, shut it down. and the way you do that is with a process that's little known but very easy to do called credit freeze. with a credit freeze, you are able to keep criminals even who have this information from opening accounts as if they are you. i'm clark howard. for more ways for you to protect your identity go to cnn.com/clarkhoward. >> what clark does so well, he'll teach you how to save more, spend less and avoid getting ripped off. catch him at noon eastern on saturday and sunday here on hln. a woman lost more than $200 and no idea where she left it. how it found its way to another state and right back to her.

in about an hour and a half, the district attorney of mill edgeville, georgia is going to announce whether he's planning to file charges against nfl star ben roethlisberger. now how we got here is last month, a 20-year-old college student accused him of sexually assaulting her at a nightclub. this is actually the second time the pittsburgh steelers' quarterback has been accused of sexual misconduct. another woman is suing him saying he raped her in 2008. roethlisberger denies that allegation. let's talk about what could happen today. the d.a. has several options. b.j. bernstein is a defense

attorney not connected to the roethlisberger case but is here to help us sort out everything. let's talk about what options the d.a. has. it's a little more complicated than people actually realize. >> his options are there could be an arrest warrant and ben is arrested. second choice is to actually present the case to a grand jury and let the grand jurors, which are 26 people from the community decide if there's probable cause to arrest or the third choice would be just to dismiss it outright. and based on how the prosecutor is doing this, which is by a press conference at 2:00 it was announced last week, i really doubt that he is sending it to a grand jury because that could actually influence a grand jury. and it sound like to me he's made a decision and we're going to hear that decision today. we haven't heard any rumors of ben being arrested. i think it's most likely a dismissal. >> how do you get to a dismissal or deciding whether or not to press charges without talking to the accused. what we're hearing is that it

doesn't seem that ben roethlisberger ever gave any dna or ever talked to police. from the outside looking in, that seems like that's something that happens when you have rich attorneys. but you are telling me that's not always the case. >> remember, he hasn't even been arrested yet. and you have the right to remain silent. and that's a very important right. not because you are guilty and trying to get away from something. but because you want the police to focus on the state's evidence, which is what can they prove in this case. do they even have probable cause? and if this prosecutor says he's dismissing it, he is saying i don't even have enough to even arrest him, much less get a conviction down the road. and in so far as what i understand, apparently the officers briefly spoke to ben that evening so apparently they have something that he said. and that would have been the most recent thing -- time to whatever. and truthfully, no good lawyer and no one should really talk to the police without an attorney. that's the ideal. really, this is going to be

based on what is the evidence or lack of evidence that the state has? >> okay. the charges and the allegations are sexual assault. without going into too much detail, b.j., people automatically assume that that means one specific thing. but sexual assault is a big term. >> yeah. and it's not actually a legal term. there's all different types of crimes in georgia. it could have been anything from as low as a misdemeanor such as simple battery or sexual battery, improper touching, to something far more serious such as rape or aggravated sodomy charges or something like that which would carry 25 years in prison. so that's why everybody getting excited about, well, what about the dna. where is the dna? most sexual assault cases you don't have dna evidence. it's certain types of sexual acts may not leave dna. and dna is really used in a case where you don't know the person involved as opposed to here where they are saying it was two people in a bar who were seen together that evening.

the question really is what happened, if anything. >> okay. b.j., stick around. we certainly need your expertise on this. defense attorney b.j. bernstein. 2:00 is when we're going to have some answers. >> absolutely. moving on with the rest of the day's news. recovery crews in west virginia have the grim task of recovering the nine bodies inside the upper big branch mine. two separate crews made their way inside the mine this morning. a team of investigators is going to be arriving today to start to figure out what in the world caused that deadly explosion last week. some of the 29 men killed have already been buried. president obama ordered flags at federal facilities flown at half staff. the governor is asking people all across the country to observe a moment of silence today at 3:30 in the afternoon eastern. leaders from 46 different countries are joining president obama in washington today, kicking off a two-day nuclear security summit. they are going to discuss what president obama calls the biggest concern for the country

and u.s. security. that is keeping nuclear weapons out of the hands of terrorists and rogue nations like iran and north korea. this comes one week after president obama and russia's president agreed to cut the number of nuclear weapons in both countries by about one-third. the two-day summit is the biggest assembly of world leaders hosted by an american president since 1945. there is a chilling new detail, quite a few details, about an alleged plot to bomb new york subways days after the anniversary of the 9/11 attacks. a federal law enforcement source is telling cnn the information has come in from najibulla najibullah zazi. he has admitted to taking nart the plot and is cooperate with prosecutors. zazi told investigators he was targeting times square and grand central subway stations, two of manhattan's busiest. the source says zazi told investigators he and two other men planned to wear homemade bombs and stand in the middle of subway cars so the explosions would kill the maximum number of

people. and that source says zazi planned to stage a subway attacks on september 14th of last year. he has already pleaded guilty. his two co-defendants pleaded not guilty. all three went to the same high school in queens. law enforcement source says a fourth suspect is also now in custody. he was captured in pakistan. two people are in critical an after a massive fire ripped through an apartment building in manhattan's chinatown. 30 firefighters were injured in that fire. 30. this is a seven-alarm fire. it broke out at about 10:15 last night. it took hours for fire crews to get that thing under control and did spread to other buildings. a fire department spokesperson says three of the four buildings are gone now. they don't know what caused it. rescue workers are still searching for an 11-year-old girl missing in florida since last week. more than 150 people from different state agencies joined in on this search. they are looking for nadia bloom.

last week her parents found her abandoned bike and helmet. they think she may have wandered off while taking pictures with a new camera. we'll keep you posted on that. a 7-year-old boy adopted from russia is sent back by his american family. what they say they had to do and what many of you are saying about it. your views, next.

an american family put their adopted 7-year-old son on a plane to russia and that touched off this major international conflict that has been going on for days now. top state department officials will go to moscow this week to try to restore smooth diplomatic

relations. a tennessee woman adopted the boy from russia last year. she renamed him justin. last week, she said she simply had enough of the child and she sent him back. his adoptive grandmother said no one warned the family about the boy's violent tendency. he was simply out of control. she claimed he had a hit list of people he was targeting for attack, including his adoptive mother. she also claims he tried to burn down the family home last week. the russian orphanage where he lived never told him about his problems. the russian government is outraged. it has cancel all u.s. adoptions of russian children. american diplomats are trying to get that decision reversed. we've been asking for your views on this story. going beyond this story. should families who adopt children be able to return them? should thit ever be an option? got a lot of comments right away. let me read some comments to you. search richelle carey hln to get your comment in. jason wrote this. children should not have a

return policy. parents should understand that before adopting. laurie says, i think it should be an option only if there is proof they were lied to about his condition. jeff says this. yes it should be an option. the focus should be on providing the child with a healthy atmosphere to live in. jeff says this. if an adoptive parent expresses concerns about raising a child, then the child should be removed from the environment. now most of the comments we've gotten so far are people saying you are outraged about the idea of returning the child. everyone isn't, though. let's talk to tracy. tracy is calling from indianapolis. you say that people should do their homework before they adopt. >> caller: they should. i am just appalled that somebody can bring a child into their life and love them and show them something and then they can just return it. they are not animals. they are children. there's enough medical, you know, and psychological evaluations and medicine they can put children on. it's not a return to sender.

when you have a child you know, god doesn't tell you, oh, this child is going to be perfect and this child is going to have some problems. it's just ridiculous. >> trace elet me ask you this. what about the idea that some of the discussion i've seen on facebook is people saying that, no, they think that this is a really bad option, but at the same time if someone is admitting i don't want this child anymore, maybe that isn't a home they should be in. >> caller: well, it probably isn't a home that it should be in, but i think they should screen people a lot more before they send children to be adopted. i have three adopted children. i have seven altogether. i love every one of them and every one of them is different. >> do they ever give you problems? >> caller: i have lots of problems. >> tracy, thank you for the phone call. i appreciate it. let's talk to tanishia in cincinnati, ohio. this is -- the idea of returning a child is off-putting to so many people. what do you think? >> caller: i am an adoptive

parent. i adopted three children. i personally believe that you should be able to return a child because it's either do you want to deal with more dead children or would you rather them be returned? and so i believe in order to cut down on all the killing of the children, return them if you can't handle them. why not return them. i would never personally return mine, but if you can't handle them why not be able to return them? >> okay. when you say killing of a child, that's so harsh. but i think what you are saying is you think it could end up being a really bad situation if someone is telling you it could be really bad if someone says we don't want the children. >> caller: just a couple of years ago, adoptive parents couldn't handle a child and they killed him. it could be more situation like that or return the child and maybe find them a better environment where someone can handle them. >> thank you for the phone call. got an e-mail from jackie in nova scotia, canada.

yes, i think children should be allowed to be given back. ultimately, we are looking at the health and welfare of the child, not accommodating the parent. if an adoptive parent cannot give back a child and they feel they are stuck with someone who they have to look after, then that child is at risk of being accused. so let's keep talking about this. in general, do you think that there should be an option to return a child that you have adopted if there are circumstances where it just is not working out? call us at 1-877-tell-hln. e-mail us at cnn.com/hln. text us at hlntv. i think this is definitely a discussion worth having. a woman who wrote a book about oprah winfrey claims to have learned the identity of the talk show queen's biological father. all right. according to "the new york times" review of "opractice, a biography," the author kitty kelly says she's not going to reveal it because she says oprah

doesn't even know. "the times" says kelly went for the jugular but didn't draw blood. this book comes out tomorrow. kelly drew extensively from oprah's own interviews. spirit airlines wants to charge passengers who use the overhead bin. one lawmaker, though is now saying enough is enough. hear why he thinks the proposed carry-on fee crosses the line.

looking for the best carrier to fly? well, researchers at wichita state and purdue university say hawaiian airlines was tops last year and rated the airlines on a lot of things including on-time arrivals and the number of overbookings. hawaiian has been ranked the best in three out of the past four years. overall, the group said more flights from all carriers arrived on time last year and fewer people complained about lost luggage. it also found fewer people flew in 2009, possibly because of the recession. and spirit airlines plans to start charging passengers for carry-ons up to 45 bucks a bag. one lawmaker says, not so fast. senator chuck schumer of new

york is vowing to fight the plan and stop other airlines from doing the same thing. earlier today on our sister network cnn, the senator said this proposal just goes too far. >> you know, this is the last straw. everyone understands the airlines have difficulty. fuel prices and everything else. so when they took away the pillows and the meals and even the leg room, that's very ann annoying to me. i'm not that all, 6'1" but sometimes i can't fit in some of the airlines. but everyone said, okay, okay, okay. now this is stepping over the line. >> the fees are for bags that must fit in an overhead bin, not a purse that could fit underneeths the seat. these fee goes into effect august 1st. poland's president will be buried saturday. lech kaczynski and 95 other people were killed in a plane crash on saturday. there were no technical problems with the soviet-made plane. they are suggesting human error caused the plane to go down during a landing attempt in

dense fog in western russia. only 14 bodies have been afd, including the president and his wife. kaczynski's body was returned to poland yesterday afternoon. and americans with ties to poland packed churches in chicago and new york to remember all those people killed in this crash. outside of poland, chicago has the largest concentration of people of polish decent. >> all we can do is just stand before god counting on his mercy. >> poles are known for their courage, for their survival skills. and they are also known for their freedom-loving aspirations. so poland will be fine. >> a massive crowd flocked to the presidential palace in poland yesterday leaving all lee candles you see there and wreaths as well. a week-long period of mourning begins there today. it's not clear what caused the crash. investigators found the plane's

flight data recorders. hopefully there will be answers soon. phil mickelson admits he usually doesn't cry over victories. this one is different. the emotional support for his family was evident by the large crowd that is cheered lefty wherever he went at the masters over the weekend. it continued with loud applause when he officially won his third green jacket yesterday. then there was a touching moment right there. this is his wife's first time at a golf tournament since announcing she has breast cancer. phil mickelson was really caught up in the emotion afterwards himself. >> i really want to recognize my family. my wife -- we have been through a lot this year. it means a lot to share some joy together. [ applause ] >> tiger woods did stick around for the weekend. not a lot of highlights to his

masters round. he was in contention to win his fifth green jacket but tied for fourth. the highlight was at the 7th hole where he holed out for an eagle. but he did win back some fans and said it's time to take time off, re-evaluate things. osama bin laden is one of the fbi's most wanted fugitives. how important is it to you that he's caught? >> i'd like to catch him, but, hey, i'm not worried about him. he's not part of my life. >> i don't think it's real important in terms of the war on terror that it would make us much safer. >> these guys aren't worried about capturing osama bin laden. are you? more of your views from the street.

>> all we can do is just stand before god counting on his mercy. >> my wife has been -- we have been through a lot this year and it means a lot to share some joy together. >> it was just like smoke gushing out and we grabbed all our stuff. they told us to get out. >> it's very important. you cut the head off the snake and the rest of us know we mean business. >> a lot of great stories. we have a lot of ground to cover this hour.

hi, everybody. thanks for choosing hln news & views. firsting breaking news from the world of entertainment. conan o'brien is headed to tbs to host a late night talk show four nights a weekday buying in november airing monday through thursday at 11:00 eastern. that moves "lopez tonight" to midnight. o'brien left nbc in january having hosted "the tonight show" for only eight months. o'brien is barred from appearing on tv until november. conan o'brien, tbs in the fall. recovery crews have a grim task of recovering nine bodies in the upper big branch mine. two separate crews made their way in and a team of federal investigators is arriving today to begin trying to figure out what caused the deadly explosion. it happened a week ago today. a coal mining regulatory panel is starting its own investigation and will hold an emergency meeting tomorrow. some of the 29 men have been

laid to rest. president obama ordered u.s. flags to be flown at half staff in west virginia in honor of the miners and the gov nofr is asking people from across the nation to observe a moment of silence today at 3:30 eastern time. in about an hour we find out if nfl star ben roethlisberger will face charges in a sexual assault allegation. last month a 20-year-old college student accused him of sexually assaulting her in georgia. jean casarez from trutv is here with the latest. >> in an hour the district attorney in central georgia will make an announcement. will criminal charges be filed against this nfl linebacker, quarterback, pittsburgh steelers' ben roethlisberger. i just got off the phone with his lead defense attorney edgar land from atlanta who says they will wait for the announcement at 2:00, that they are optimistic that no criminal activity has taken place in this

case. let's go to the early hours of march 5th when a young woman says sexual assault was perpetrated upon her by this nfl player. she had been seen in town at the local bars with ben roethlisberger that night. they went to several bars as a couple, witnesses say. in the early morning hours she went to a local police officer downtown, said she was a victim. she went to a hospital where she was treated and released. the investigation then went in the hands of the georgia bureau of investigation. just last week went into the hands of prosecutors. now, today, they will make an announcement. >> treated for what? >> well, normally if you go to the hospital as a sexual assault victim, a sexual assault rape kit is done on you where they forensically look for genetic material of someone who perpetrated a crime upon you. they will look for bruises because when you're talking rape you're talking about something violence. >> would a case of unknowns have taken this long or taken this

course? >> or taken this less of time. the d.a. just got it last week and are now making an announcement. that gives us a clue what this may be about today. for a district attorney to have this sort of investigation, it can take a while to bring charges. >> was there a tape missing from the bar that night? >> they say the dvd that recorded inside surveillance of the bar was recorded again. but it wasn't deleted, they said. just the dvd repeats itself and -- >> taped over itself. >> right. >> does the d.a. consider past allegations against ben roethlisberger only the set of facts in this case? >> i think the set of facts in this case. what's interesting is ben roethlisberger got an attorney, edgar land, who got an investigator who witnessed the same witnesses the prosecution was interviewing. >> he conducted his own investigation? >> they did. >> that impacts the d.a.? >> the d.a. will listen to that, sure. they have their own evidence but

they are going to listen to the other. we can confirm dna was never taken from ben roethlisberger. also, he didn't give a statement. >> can the d.a. drop the case and refile? no jeopardy is attached, right? >> that's correct. if new evidence came aboard they could. >> thanks again. we'll hear soon what the d.a. decides. leaders from 46 countries join president obama in washington kicking off a two-day nuclear summit discussing what the president calls the biggest concern for the world and nuclear security -- keeping weapons out of the hands of rogue nations like iran and north korea. this a week after russian president agreed to cut weapons by a third. it is the first sum my hosted by an american president since 1945. one of the points of the summit, making sure terrorists don't get nuclear weapons. how big a threat do you think al qaeda is?

we hit the streets for your views on osama bin laden. >> reporter: i'm joe carter. this is hln's views from the street. osama bin laden is a name we all know. it's been nearly nine years since the september 11 attacks. how important is it that we catch him? let me show you video of osama bin laden. >> uh-oh. >> reporter: do you remember this guy? >> osama bin laden. the most notorious terrorist. >> he's an idiot. his beard's too long, too gray. >> reporter: do we need to compound temperature him? >> yes. >> i say no, financially, i'm done with it. >> the millions to catch him may not be worth it. rather spend it on something useful. >> it's very important. cut the head off the snake and the rest of them know we mean business. >> we need to finally put the hunt to rest. do our part to bring him to justice. >> i'd like to catch him, but

he's not part of my life. >> it would be more symbolic than anything else. i don't think it matters much. >> i don't think it's real important in terms of the war on terror that it would make us safer. >> how important is osama bin laden to al qaeda? >> i feel he's less important now. you have so many cells in different countries. >> i think he's a major influence to people that believe in him. >> do you think if we do capture him, we'll capture him alive? >> no. i doubt it. >> i don't think they would allow that. i think that's the way the government might want it to seem. >> i think he'll be captured dead or missing altogether. i don't think you will drag him out of a hole like you did hussein. >> killing him won't stop terrorism. >> reporter: i'm joe carter. i'll see you on the street. >> president obama says

intelligence suggests bin laden's associates are trying to gather materials for a secret nuclear bomb. dessert is supposed to be a sweet reward, but having a sweet tooth as a kid could be a sign of problems later on. here's a closer look. >> reporter: who doesn't like sweets -- especially children? most kids love the taste of sugar, but in some, sweets can be less of a treat and more addiction. >> sweet is our oldest natural reward. when you eat something sweet, something you like, the brain responds. >> reporter: new research from the monell chemical center finds children's responses to intense sweet could be related to a family history of alcoholism and in some cases depression in the child. in the study, 300 children between ages five and 12 years tasted different levels of sucrose in water to determine their preferred level of sweetness. they were tested for depression symptoms and a family history

taken. of the 37 children who liked the most intense sweetness, all had alcohol abuse in the family as well as symptoms of depression. >> the more depressed a child, the more they report that they crave sweet foods, they eat more. >> reporter: researchers say the findings could be a link to why certain children are facing obesity problems. >> we need more research to try to help children to develop better programs to help them get on the right track of healthy eating but appreciate what the foods and tastes are doing to them. >> reporter: for today's health minute i'm susan hendricks.

wesh says nadia bloom's

sister said she was reading a book on wilderness exploration, had a new camera from her parents and may have gone into the woods. her parents say she may have wandered off taking pictures. more than 150 people have joined in the search for nadia. 40 dogs are looking. last month her parents found her abandoned bike and helmet in the neighborhood. a long-time trooper killed himself and his wife in a an apparent murder-suicide: eddie silcox and his wife were having difficulties and had separated. eddie called 9-1-1 to report a domestic disturbance. >> it appears that trooper silcox shot his wife, called 9-1-1 for assistance and in between that time it appears he shot himself. >> officials say there were no previous 9-1-1 calls to the home. eddie silcox was a patrolman for

22 years. a massive fire ripped through an apartment building in chinatown in lower manhattan. seven firefighters were injured in the fire which broke out around 10:15 last night. fire crews battled it for hours. the fire spread to neighboring buildings. a fire department spokesman said three of the four buildings are gone. they don't yet know a cause. a scary night for residents of a war wick, rhode island assisted living facility. a fire broke out last night and spread through the walls to the third floor. a nurse alerted residents and helped get them out safely. 16 residents were displaced but none hurt. crews in ohio are investigating a fire at a vacant school. the fire broke out last night at elizabethtown elementary. firefighters were putting out hot spot this is morning. one firefighter was injured. the school has been vacant for two years. a wall of mud and rock

slammed into a train suffocating passengers in the rail cars. we have the latest on the deadly derailment and what may have been behind the land slad that caused it.

nine people were killed and 20 injured when a landslide in the alps caused a train to derail in italy. the death toll could rise. investigators say the landslide was probably caused by a burst irrigation pipe. they say mud got into the train's cars and suffocated

passengers. an italian news agency says 40 people were on board. it was a small local run. poland's president will be buried on saturday. lech kaczynski and 95 oh other people died in a plane crash on saturday. investigators say there were no technical issues with the soviet-made plane they were trying to land in fog. a dense fog in western russia. they were almost at the field. dozens of polish political military religious leaders were on the plaeb owned by the government. kaczynski's body was returned to poland yesterday. americans with ties to poland packed churches in chicago and new york to honor the president and others killed in the crash. outside of poland, chicago has the largest concentration of people of polish dissent. >> all we can do is stand by god praying for mercy.

>> poles are known for courage, survival skills and they are also known for their freedom-loving aspirations. so poland will be fine. >> a massive crowd flocked to the president shall palace in warsaw leaving candles and wreathing. a week-long period of mourning begins today. it's not clear what caused the crash but they found the flight data recorder. an american family put their adopted 7-year-old boy on a flight to moscow and touched off a major international conflict. top officials head to moscow to try to smooth out diplomatic relations. a tennessee woman adopted the boy and renamed him justin. last week she had enough of him and sent him back. his adoptive grandmother said nobody warned the family about his violent tendencies saying the kid was out of control. she claims he had a hit list of people he was targeting for attacks including his adoptive mother. she claims he tried to burn down the family home last week.

the family said the russian orphanage never told them about his problems. the russian government is outraged and cancelled all adoptions of russian children to america. taking the story of the boy returned by his family is a jumping off point we want to know in general should you be able to return a child you have adopted? bringing it up as a moral question, should this be an option? call toll free 1-877-tell-hln, e-mail to cnn.com/hln. we'll air your comments. looking for the best career to -- carrier to fly? researchers at wichita state and purdue university say hawaiian airlines was tops last year. they were rated in on-time arrivals and overbookings.

hawaiian was ranked the best in three of the past four years. overall the group said more flights from the carriers arrived on time last year and fewer people complained about lost luggage. it found fewer people flew in 2009, possibly because of the recession. the space shuttle program is ending. a new race to the moon won't happen, so what will nasa do? the question prompted nasa workers and contractors to hold a save space rally on the florida coast near the kennedy space center. organizers claim the cut-backs could eliminate as many as 9,000 area jobs. >> we support america's human space flight program and we want to retain leadership. we want to send a message all over the world that we want to continue our leadership by maintaining our own capability of putting astronauts into space. >> the administrator of nasa says the agency could increase the number of employees. even without the big ticket shuttle and lunar programs nasa will develop a new rocket

technology and that will increase the overall budget. a stubborn bolt gave the shuttle discovery astronauts a workout during the spacewalk yesterday. they installed a new coolant tank about the size of a refrigerator. they had to move it around until the bolt slid into space. mission control delayed hooking it up until tomorrow to give them a breather. a beer six times as po tebt as regular brew will be hitting shelves soon. it's 32% alcohol by volume, almost the same as whiskey. it's called tactical nuclear penguin. limited quantities will be shipped to stores in california and new york. it's not uncommon for a golfer to get teary-eyed after winning the masters. why phil mickelson got so choked up during his speech.

first to breaking news. conan o'brien is headed to tbs to host a late night talk show expected to day buy ebut in novt 11:00 p.m. eastern. conan left nbc in january having hosted "the tonight show" for about eight months. jay leno reclaimed the hour. as part of the deal conan can't appear on tv until november. he'll be on the air on tbs, a fully delivered cable channel in november of this year.

in half an hour we learn if ben roethlisberger will face sexual assault charges in georgia. the d.a. will make the announcement after reviewing evidence from investigators. last month a college student accused him of sexually assaulting her at a nightclub. it's the second time he's been accused of sexual misconduct another woman is suing saying he raped her in 2008. he denies the accusation. the d.a. in the georgia case has several options. b.j. bernstein is a defense attorney not connected to thes i kachlt s -- the case. >> the reason i don't expect an indictment is the way it's happened where there was a lengthy investigation and last friday the d.a. said, i'm having a press conference at 2:00 p.m. normally you would either arrest ben roethlisberger, and that would have been over the weekender, or you wouldn't announce it if you're sending it to a grand jury because it could

influence them. so the odds are that he probably won't go forward. of course we really don't know until we hear the district attorney speak. >> is it lack of evidence do you think or is the accuser not credible? >> we don't know, but that's going to be interesting in the press conference you will air which is why is he not going forward? there has been a thorough investigation here. what was done that's probably different from a lot of cases was there was time put into it. normally, sometimes someone reports an assault. they get medical records, talk to people and they just arrest you saying, someone's accused you of it and that's enough for probable cause. here, the d.a. instead of using the police department, the national scrutiny had him get the georgia bureau of investigation to talk to nearly 100 witnesses who were out seeing ben roethlisberger and the young woman. >> is there an innocent

explanation for how she was injured? >> absolutely there could be. because remember this, we are talking very lating at night where people are drinking a lot. intoxication will be a big issue. again, not because i'm saying you can't be sexually assaulted when drunk, but when you are really drunk and if you're extremely drunk it is hard to remember what happened to you. you can stumble. you can fall. there can be plenty of ways to be injured other than an assault such as this. that's what the takeaway may be from this. not just those in the nfl, but anybody, especially young people who go out, binge drink or party late at night. there are consequences of your actions. >> do you think he got a break because of star power? >> no. i think they have checked it more thoroughly than they would have. >> thank you. b.j. bernstein from atlanta. thank you. good to see you. more on the conan story.

our entertainment correspondent is here to fill in the blanks. what have you learned? >> surprise, surprise, conan o'brien has a new home. guess where he landed -- tbs. he's bringing a late night talk show to tbs and it was his friend george lopez apparently who convinced him as recently as a week ago to consider doing some sort of late night line-up at tbs where george lopez currently has a show. it's called "lopez tonight" and conan o'brien apparently accepted. here's what we know. the show will kick off in november. it will be an hour long. they are not releasing the name of the show yet. i'm not sure if they have a title. but it will debut monday through thursday, 11:00 p.m. eastern putting george lopez to midnight which he's apparently okay with. this is a cute quote from conan o'brien. typical where he responded saying, check this out, in three months i have gone from network television to dwiter to

performing live in theaters and now i'm headed to basic cable. my plan is working perfectly. it sounds like it could be a great plan. tbs released a statement saying for decades really, late night talk has been dominated by broadcast television, late night talk. now they are changing the landscape of things and bringing it to a cable setting. we'll see how the show does. >> we don't know his producer or if andy will be with him. >> we'll tune in though to see the details as they come out. >> thank you. crews in west virginia recovering the bodies of nine men trapped inside a mine. two crews made their way in this morning and a team of federal investigators will begin trying to figure out what caused the deadly explosion a week ago today. some of the 29 men killed in the blast have been buried. president obama has ordered u.s. flags in west virginia flown at half staff in honor of the miners and the governor is asking everybody in the nation

to observe a moment of silence today at 3:30 eastern time. there is a chilling new detail about an alleged plot to bomb new york subways days after the anniversary of the 9/11 attacks. the information comes from najibullah zazi who admitted to taking part in the plot and is cooperating with investigators. he said he was targeting the times square and grand central subway stops, two of manhattan's busiest, the source says zazi said he and two other men planned to wear bombs and stand in the middle of the subway cars to kill the maximum number of people. the source said zazi plansed the attacked on september 14th last year. his co-defendants pleaded not guilty. all three went to the same high school in queens. the federal law enforcement source says a fourth suspect is in custody, captured in pakistan. amazing new video from

walnut creek, california. a car with three people inside flipped to a canal. rescue workers pull add woman out of the canal. officials think two other male passengers died in the mishap. the woman floated more than two miles as crews raced to get ahead, they finally caught her after she went over a small waterfall. crews are still looking for the bodies of the others. a 7-year-old boy adopted from russia is sent back from his american family with a note attached. why they say they had to do it and what many of you say about it.

an american family, a tennessee family, put their

7-year-old adopted son aboard a plane alone to russia and touched off a major international conflict. top state department officials go to moscow this week to try to smooth things over. a tennessee woman adopted the boy last year, renamed him justin and said last week she'd had enough and sent him back. his adopted grandmother said no one warned the family about the boy's violent tendencies. she claims he had a hit list of people he was targeting for attacks including his adopted mother and claims he tried to burn down the family home. the family says the russian orphanage never told them about problems just that he was flat-footed. american diplomats will try to get it reversed. should families, generally speaking, who adopt children be able to return them and under what circumstances? should this be an option? lots of people commenting on

facebook. her's one from susan who writes, i have an adopted child and four biological kids. love them all the same but will not judge someone without all the facts. abby posted, i think the mother was right f. the child had a mental disorder or was very abusive then i think the mother has a right to return the child. i know i would do the same. mac is on the line in little rock. you say parents should be able to return an adopted child? >> caller: no, i don't believe they should be able to. >> you shouldn't be. i'm sorry. >> caller: no. the reason for that is parenting is hard. anything can pop up with a child later in life. even if the child wasn't showing anything at that time it could later on. i mean, even when he's a teenager, you know. but i believe that you should educate yourself on what it's like to be a parent. it is hard. it's not like going to walmart and purchasing something and

taking it back just because it didn't fit your needs or what you thought it would do for you. >> a kid is not a toaster, right? >> caller: it's not. you should educate yourself before you take that responsibility. you know it will be hard. nobody thinks it's easy. >> do you think they should insist they fly over to russia and meet the kid, be interviewed by the agency officials, go through all of that? don't you think that's essential? >> caller: everything like that should have been done. even here in the united states they should have been educating themselves on what it's like to be a parent. when the kids are sick, are they willing to take care of a kid with leukemia or anything? anything can happen. but if they are going back to a loving family is if the parent gets sick really bad and is dying and they don't have a parent to take care of them. >> thanks, mack. michelle is on the line from massachusetts. what's your take? >> caller: i'm a direct care

worker and a cna as well. i have all kinds of medical background and two children with a mental disability. i think that if any family takes the time to consider adopting and eventually adopting a child, if they are misled right from the beginning that the child has a perfectly good health both mentally and any other way if they find out after the switch in this case or any case, if the child is very, very violent to the other family members and himself, that child should be able to be returned on the basis that the family was misled and didn't get a complete medical history. >> jim says on facebook adoption is not like buying an item from the store where you can make of it what you want. this child is a human being and shouldn't be taken back like an ugly tie you got for christmas. to adopt you need to be ready to

make concessions, show affection and spend time in raising a responsible future adult. you have heard the story. that's the jumping off point. in general, should you be able to return a child you have adopted and bring it up at a moral question, should it be an option? call 1-877-tell-hln. e-mail cnn.com/hln or text views and your comments and name to hln tv. don't forget chuck roberts and richelle carey hln on facebook. by now most high school seeners have received college acceptance letters but it can depend on the price tag. stephanie elam has financial aid advice for students and parents. >> hi, there. filing tall right financial aid paperwork is just as important as submitting your application. if you missed a college or university deadline file as soon as you can. deadlines in most schools are already set for giving out money from their own resources. some schools may have money left

over. it's worth putting in an application even at this late date. even if your dream school exhausted aid money for 2010-2011 school year you are eligible for stafford loans, pel grants and plus loans for parents. to qualify feel out the free application for federal student aid by june 30, 2011. for more information head to fafsa.ed.gov. it is not too late to apply for scholarships. start your search for scholarships in your local area checking nonprofit organizations and large corporations. but keep in mind your financial aid package isn't set in stone. if you have had a change like a lay-off, death of oh parent or guardian or divorce let p financial aid office know. if you have received your financial aid award, you can appeal for more money but this process usually takes at least as he weeks to happen. of course, if you have any questions send them to us at

cnnhelpdesk@cnn.com. back to you. >> thanks, stephanie. we'll be right back.

at least nine people were killed today when a landslide in the alps caused a train to derail in northern italy. five people were hurt. italian officials say the death toll could rise. mud from the landslide got into the train's cars and suffocated passengers. we're not sure how many people were on board. anti-government protesters in thailand carried dead comrades through the streets of bangkok today. the red shirt protesters want the prime minister to resign. 21 people were killed in clashes with thai security forces. 17 of the dead are civilians and four military personnel. more than 800 others were hurt. the ruling party must be dissolved for misuse of donations. phil mickelson, the lefty, admits he doesn't usually cry over victories but this one's different. the emotional support for his family was e dent by the large crowds that greeted him everywhere he went for the masters over the weekend. what a round. it continues with loud applause.

he won his third green jacket and a touching moment as he hugged his wife. her first appearance at a golf tournament since announcing she has breast cancer. her prognosis is good but she's worn down physically and phil wasn't sure she'd make it. afterwards, he himself was caught newspaper the emotion. >> i want to recognize my family. my wife has been -- we have been through a lot this year. it mean as lot to share some joy together. [ applause ] >> his wife has not been phil mickelson's only worry. his mother is battling breast cancer as well. tiger woods will take time off from golf to re-evaluate everything including his career. he was in he was in contention to the end to win his fourth masters. as the tournament wore on his game got worse. his return to golf after months of tabloid headlines won back

some fans. is the recession over officially and if so when did it end? depends on who you ask. a lot of private economists say it ended last summer but the national bureau of research said it's too early to say. it says it needs more data and more time on key sectors like employment to get a clearer picture of long term trends. the group said the recession began in september of 2007. the space shuttle program is ending pap new race to the moon won't happen. what will nasa do? that question prompted a number of nasa workers and contractors to hold a save space rally on the flow coast. organizers claim the cutbacks can eliminate 9,000 area jobs. the administrator of nasa says the agency could increase the number of employees even without the big ticket shuttle and lunar programs nasa will be developing an entire new rocket technology that will increase its overall budget. looking for the best airline

to fly? researchers at wichita state and purr due university said hawaiian airlines was tops. they rated airlines on several points including on time arrivals and number of over bookings approximately hawaiian has remained number one in the past three years. osama bin laden is still one of the fbi's most wanted fugitives but how important is it to you that he gets caught? >> i would like to catch him but, hey, i'm not worried about him. he's not part of my life. >> i don't think it's real important in the terms of the war on terror that it wrote make us much safer. >> those guys don't seem to worried about capturing osama bin laden. more of your views from the street just ahead.

in just a few moments we'll find out whether nfl star ben roethlisberger will face charges in an alleged sexual assault. last month a 20-year-old college student accused him of sexual assaulting her at a nightclub in milledgeville, god. that's where that microphone stand is right there. "in session" jean casarez from our sister network trutv has been following all the details. as soon as that press conference starts we'll go there. jean, there's a few things that we could hear from the district attorney in just a few minutes.

can you outline those things? >> reporter: they could say one of two things. they could say we believe there's probable cause that a crime has been committed and, therefore, charging this nfl player with a, b and c, could be anything from felony of rape, which is very serious, minimum 25 years. or say we have reviewed the evidence that the georgia about your rove investigation has put together and we don't believe there's probable cause for any crime committed here. >> sometimes in cases a district attorney will bring in a grand jury to help investigate as well. explain how that works? >> reporter: sometimes you have preliminary charges that then go to the grand jury. so, you have the arresting charges, and then you have the official charges. we don't even have arresting charges yet. i mean, ben roethlisberger has not been charged with any crime.

he is accused, it appears as those from one unnamed female who said she was with him in the early morning hours of march 5th and there was unwarranted sexual assault perpetrated on her. she went to the police right away. she then went to a hospital. everything you're supposed to do if you truly have been sexual assaulted. jean, we believe we're getting started right now so we're going on out to milledgeville, georgia and let's listen to what the district attorney has decided to do against ben roethlisberger. >> good afternoon. my name is fred wright. i am privileged to be the district attorney for the judicial circuit eighth county circuit here in georgia. as district attorney, i'm responsible for all criminal prosecutions in the superior court of baldwin county. the only court that has jurisdiction of all felonies

here in milledgeville. the duty of a district attorney is to always seek justice, not merely to convict. when we have solid evidence of a crime and can prove a defendant's guilt beyond a reasonable doubt we do that. just as important, when we cannot prove a defendant's guilt beyond a reasonable doubt, we admit it and do not prosecute the crime. as you know, for the last month, the georgia bureau of investigation and the milledgeville police department have been investigating a sexual allegation regarding ben roethlisberger. they have completed their investigation. turned over the reports to my office. which we have reviewed thoroughly. the sexual allegation against mr. roethlisberger cannot be proven beyond a reasonable

doubt. therefore, there will be no arrest made, nor criminal prosecution of mr. roethlisberger for his actions here on march 5th, 2010. the facts as they appear from the investigation are essentially these. on the evening of thursday march 4th, and going into after midnight on friday, march 5th, ben roethlisberger was bar hopping with his body guards and friends here in milledgeville, georgia and attracting a crowd wherever he went. and the victim was bar hopping with her soroty sisters. both parties were drinking alcohol prior to meeting each other. they did not know each other before this evening but did meet at different bars throughout the course of the night. they participated in

conversations, some of a sexual nature. after midnight, mr. roethlisberger and his entourage were at the capital city club and the manager let them use the vip area. the victim went with her sorority sisters to the nightclub later. mr. roethlisberger invited them into the vip area where he provided shots of alcohol for them. everyone agrees that the victim was highly intoxicated due to consuming alcohol. one of the body guards guided the victim down a back hallway. mr. roethlisberger followed her down the hallway into a small bathroom. the issue is what happened in that small less than five foot wide single commode bathroom between mr. roethlisberger and the victim.

significant questions about what occurred persist. a report was made to law enforcement immediately, initial interviews were conducted. the victim was driven by a friend to the regional medical center, our local hospital here in milledgeville. an emergency room doctor and two nurses examined her. noted in their report was a superficial laceration and bruising and slight bleeding in the genital area. everything else in the medical examination was normal. the doctor stated that he could not stay that these were or were not from any kind of trauma or sexual assault. a standard rape evidence kit was collected. the doctor found no evidence of

semen or discharge. the swabbings from the rape evidence kit were tested by the georgia bureau investigation crime lab in atlanta. and the initial testing found human male dna present. additional extensive testing was done, but because the sample was so minute, it would not yield a profile. the crime lab advised that extracting dna from mr. roethlisberger at this point was futile due to the fact that no profile was available from the minute male dna sample. submitted in the rape evidence kit. hence, that is when mr. roethlisberger's attorney was informed that no swab samples for dna would be needed from his client any more.

the crime that was being investigated was rape. under our official code of georgia annotated, section 16-6-1, the elements of rape are having carnal knowledge, which means sexual intercourse which requires penetration of a "female forcfemalif h female forcibly and against her will. in this judicial circuit we strongly held a woman has a right to be safe from attack but every case must be viewed in the context of its circumstances. here the overall circumstances do not lead to a viable prosecution. if they did, i would pursue it vigorously. we are not condoning mr. roethlisberger's actions that night.

but we do not prosecute morals, we prosecute crimes. almost four weeks ago in a letter to me dated march 17th, 2010, the victim's lawyer advised me that the victim did not want to prosecute this matter further and explained her reasons in a letter that is available to you today. the georgia bureau of investigation, the milledgeville police department and i personally met and spoke with the victim herself, her family, and her attorneys ten days ago and they all unanimously reconfirmed their position that they did not want to pursue this matter any further. before making -- >> you've been listening to fred

wright the district attorney in charge of investigating the sexual assault allegations against nfl quarterback ben roethlisberger. i think probably the takeaway line we don't prosecute morals we prosecute crimes and he feels that no crime has been committed at least on a crime that he says can be proven. i want to bring in jean casarez from trutv, "in session." jean, i don't know about you, i know you follow crime -- i know you follow trials, i was deeply struck by how much detail this district attorney went into down to saying that the accuser was intoxicated. i'm just going let you pick it up from there. is there anything unusual about how much detail he went into? >> reporter: well, that's interesting. i think your input is very interesting. to me, of course, ideal with this day in day out. i'm in courtroom, i listen to the evidence. to me i hear evidence. i was hearing evidence for and

against the prosecution. i was looking at it in very analytical terms. if there was sexual contact was it consensual, was it not. what the district attorney is trying to tell us through this and what you were probably not comfortable with listening to was that it was consensual contact. and i think he probably wants to get the message out because of so many things that have happened, remember the duke lacrosse case, the kobe bryant case, all of those cases culminated, duke lacrosse, the three defendants became innocent as per the attorney general's order, but in colorado, with the kobe bryant case, the alleged victim in that case didn't want to pursue charges any more. i think he's trying to give an explanation so the country understands so there won't be subjective conjecture. >> jean, that's why we have you here to put this into perspective for us. bottom line no charges against ben roethlisberger in the sexual assault case allegations.

nbc chose jay leno over conan o'brien. o'brien has chosen a new home and why it's kinds of unusual.

the late night talk show wars ends with a surprise announcement. conan o'brien is moving to tbs. "showbiz tonight" brooke anderson is in hollywood. this is a surprise and kind of an unusual movement by conan as well. >> it is a bit of a surprise, even to conan himself. listen to what he said today. quote, in three months i've gone from network television to twitter to performing live in theaters, and now i'm headed to basic cable. my plan is working perfectly. so, his sarcastic wit still in check. rochelle, i'm excited about this move for conan. the guy is extremely sharp. deserves a show. and he got a pretty raw deal

over at nbc. he only hosted the tonight show for about seven months before getting yanked from the air. he was pretty darn bitter about it when he left. his new show will air monday through thursday at 11:00 p.m. that means george lopez's show will move to midnight. lopez is thrilled that conan o'brien is going to be his lead in. here's what conan just tweeted about his new job. the good news i'll be doing a show on tbs starting in november. the bad news? i'll be playing rudy on the all new crosby show. rochelle, i'm sure at some point he'll apologize about his hair as well. >> cable is where it's at. this will be good. i like this a lot. speaking of the twitter, jim cary tweeted something, i don't know, to say controversial is not a good enough word. what is this? >> you know, rochelle, i do not

know whatc compelled jim cary t defend tiger woods and blame, in part, tiger woods' adultery on his wife elin. he loves twitter as well. that's where he's talking about the scandal. take a look at this. no wife is baseline enough to miss that much infidelity. elin had to be a willing participant on the ride for whatever reason, kids, lifestyle. sure some are agreeing with jim, saying that, yep, he's right and day know that some women do turn a blind eye to bad behavior for whatever reason, but i am not buying that elin did that. elin is not spineless. listen there were numerous reports that she was completely caught offguard by this and that's the reason that thanksgiving night tiger tore out of his driveway, wrecked his car after elin had confronted him. so to say that she was privy to all of this is completely

insulinsul insulti insulting. jim cary was reprimanded. these people told him to calm down the tweets. we'll have more on this tonight on "showbiz tonight." why some people are saying that jim cary is right on. we'll be talking about the jim cary tiger woods blame game now live at 5:00 p.m. eastern still tv's most provocative news show at 11:00 p.m. eastern. >> if he's not careful his folks will ground him from twitter. >> put him in the corner. >> thanks, brooke. it's not uncommon for a golfer to get teary eyed after winning the masters. but when phil mickelson won he became overcome with emotion. why he got so choked up in his victory speech.

masters champion phil mickelson admits he does not usually cry when he wins. he win as lot but he says i usually don't cry about it. this one is different. the emotional support from his family were evident by the large crowds that greeted him and it continued when he officially won his third green jacket yesterday and then a very touching moment right there. his wife he was hugging. her first appearance at a golf tournament since announcing last year she has breast cancer. her prognosis is good. she's worn down physically.

>> i really want to recognize my family. my wife has been -- we've been through a lot this year, and it means a lot to share some joy together. [ applause ] >> tiger woods stuck around for the masters for the weekend. not a lot of lights from this round. he wasn't in contention to win his fifth green jacket. highlight of the day came on the seventh hole. his return to golf after the sex scandal did win back some fans. he said he's going to take off some time to re-evaluate thing. >> the teen who kicked and stomped on a girl with a boot, his parents say what may have caused him to snap.

nfl star ben roethlisberger will not face sexual assault charges in georgia. the district attorney made that announcement a few minutes ago. what happened last month a 20-year-old college student accused the pittsburgh steelers quarterback of sexually assaulting her at a nightclub. the d.a. fred wright said there are still questions about what happened that night but he says there's not enough evidence to prosecute roethlisberger. >> in this judicial circuit we

strongly felt that a woman has a right to be safe from attack but every case must be viewed in the context of its circumstances. here the overall circumstances do not lead to a viable prosecution. if they did, i would pursue it vigorously. we are not condoning mr. roethlisberger's actions that night. but we do not prosecute morals, we prosecute crimes. >> quite a statement there. don't prosecute morals, prosecute crimes. he did paint a picture of a night there but we'll talk about that in a minute. this is the second time he's been accused of sexual misconduct. another woman is suing him saying he raped her in 2008. roethlisberger has denied that accusation. b.j., you continued to listen to the rest of the press conference while we moved on with the day's

news. i want your impressions. there's a lot of takeway down the facts where he said there wasn't enough dna evidence to get a sample from to the young woman a few days ago said i don't want to move forward. what were your initial impressions? >> they didn't feel they had a case, no probable cause even to arrest. what he said of, it's very interesting a lot of the information that we've been seeing on a lot of these blogs have not been true. first, most importantly it wasn't the young woman who complain of rape initially. what happened is, according to the district attorney, when she came out of the small dingy bathroom at this nightclub that her sorority sisters were with her thinking she was way too drunk to be back there with him and then they talked to the police and then the police asked her in her very drunk condition did he rape you and her response was no. and then she made another statement and she said, i don't know if it was a good idea, he

said okay and then we had sex. so, there's some definite difference of -- then she went to the hospital and, again, wasn't clear whether she thought she had been raped. then 12 to 13 hours later -- >> when she's sober. >> she said i told him it wasn't okay, i proceeded to leave. i went first to the door but he followed. i said no. and we had sex and he said it was okay. so that was a different statement from her intoxicated state to 13 hours later. the other interesting part here is fred wright did mention there was a superficial laseration found. no bruising in the head. in fact ben roethlisberger did make a brief statement that night where he did remember her, said that she followed him into the bathroom.

and that -- that she fell and she may have injured her head. the hospital didn't find injury to the head. the reason why this is important because your viewers first thing they found something at the hospital then there may be, you know, why aren't they proceeding and that's because just because you have a laceration of some sort that can happen also from consensual sexual conduct. not necessarily enough proof of force which is required under georgia law. >> during this investigation they spoke with her. they never spoke with ben roethlisberger which your first impression is how do you not speak to someone who is accused of sexual assault. you said that's not abnormal. at what point do you compel an accused person to speak to police during an investigation of this >> never. it's our constitutional right. we have a right to remain silent. they are important warnings because of this. you may misspeak or say something and create a case that may not be there. and here you have someone who --

again, i think i mentioned, it's not that you can't be sexually assaulted when you're intoxicated. but, when you drink a lot, male or female, whoever you are, particularly binge-drinking you're a witness to a crime. >> b.j., for people that are watching now in particular women, there are women that are saying that the alcohol should not have any -- i'm not saying that ben did anything here. but i think that when the d.a. started to point out the fact that she had been drinking, et cetera, et cetera, that put some women on the defensive wait a minute just because she was drinking doesn't mean she couldn't have been rape. >> i agree with you but the difference is this. men or women, when you drink a lot and you drink to excess, you do, you can't drive. you can't make decisions. when we laugh that oh, i blacked out last night, i can't remember what happened. you're putting your sell in danger from someone who may be a

predator. and we have a responsibility for ourselves and we've got to. because the first thing you learn in self-defense cases for sexual assault be aware of your surroundings, be aware of yourself or god forbid, i think back to natalee holloway, she was at a bar, late at night, her friends saw her get in that car. not that child deserved anything wrong to happen to her. we have to take responsibility as women and teach young men don't get so drunk that you don't know what you're doing. any sexual act should be in a loving, appropriate situation and not where you're putting yourself in peril. >> the d.a. said i don't prosecute based on morals because he said there was some questionable behavior that night no matter what. b.j., thank you very much. thanks for continuing to watch the press conference to get all the information for us. we appreciate it. there's a chilly new detail about an alleged plot to bomb new york subways days after the

anniversary of the 9/11 attacks. a federal law enforcement source tells cnn the information comes from najibullah zazi. he admits to taking part in the plot and is cooperating with prosecutors. he said he was targeting the times square and grand central subway stageses. zazi told investigators him and two other men planned to wear home made bomb and stand in the middle of subway cars so the explosions would kill the maximum number of people. he planned to stage the subway attacks on september 14th of last year. all three went to the same high school in queens. federal law enforcement sources, a fourth suspect is now in custody and has been captured in pakistan. crews in west virginia are recovering the bodies of nine men still trapped inside a mine. two separate crews made their way inside the upper big branch mine this morning and a team of federal investigators is arriving today to start trying

to figure out what caused that deadly blast last week. some of the 29 men killed in the blast have already been buried. president obama ordered u.s. flags in west virginia to be flown at half-staff and west virginia's governor is asking people from across the country to observe a moment of silence today at 3:30 eastern time. a 7-year-old boy adopted from russia sent back by his american family. why they say they had to do it and what many of you are saying about that. your views next.

you've been following this story because it really struck a nerve with a lot of people. an american family put their

adopted 7-year-old son on a plane to russia and that has touched off a major international conflict. top state department officials are headed to moscow this week to try to smooth diplomatic relations. a tennessee woman adopted this boy from russia last year. she renamed him justin. last week she simply had enough and sent him back. adoptive grandmother said no one warned the family about the boy's violent tendencies. justin was out of control. she claims he had a lit list of people he was targeting for attacks, including his adoptive mother. she also claims he tried to burn down the family home last week. the family says the russian orphanage where he lived never told them about his problems. let's talk about the russian government. the russian government is outraged. has cancelled all russian adoptions of children. u.s. diplomats will try to get that decision reversed. we're asking for your views. going beyond this story. should you ever be able to

return a child you've adopted. should that be an option. an overwhelming response to this comment. a lot of comments on facebook. let me share some of them. marie wrote, i once fostered a child who had alcohol syndrome. the agency didn't tell me and i almost lost the baby. i was furious. i returned the baby because i didn't want to be responsible for the baby dying under my care. let's talk about this. penny is calling us from wichita. you say if you adopt a child for better or for worse, it's your child. basically as if you gave birth to the child? >> i have a child with autism and a child with seizures and i wouldn't dream of giving them up because they don't seem perfect. if a biological parent knows you

can't get rid of a child you don't want why wouldn't an adoptive parent realize you can't get rid of a child. that is your child. >> i'm not a parent but let me ask you something. are there some days that you are at your wit's end? >> i'm sorry, what? >> i'm not a parent. are there ever some days that you're just at your wit's end? >> oh, yes. a lot of days. but you just deal with it. you just feel like that's my duty as a mother, and i'm going to have to, you know, deal with it and do the best i can with this child. >> some people that have responded to this topic said that if they really think about it, that maybe it's better to return the child that you've adopted if you're admitting i don't really want this child any more. >> caller: i don't think so. i think they wanted him enough to go through the whole process of adopting him and i'm sure that wasn't easy. they should say okay this is part of my challenges as a mother, this is something i have

to go through to get to the good part. >> i like how you put that. thank you. nancy is calling us from new york. you said you had a neighbor who wanted to adopt a baby from russia. what happened? >> caller: according to our mail lady, because i had a son that was going through the same thing to get a baby from russia and they had to be seen by a psychiatrist and she ended up getting an american baby. the mail lady told me a lady on the next block had done the whole process, went to russia to get her baby, a little boy, most of them are boys. he was about a year and a half, 2 years old out. when they brought him out it was obvious there was something wrong with him. his eyes were dull and he didn't interact. he didn't look right. she said to them she wanted to be able to take him to a

neurolgist and they told her no. she said i want to make sure to see what's the matter with the baby. they stone faced told her this is the baby we picked for her. if you don't take it you don't go home with nothing. i heard one or two stories of similar kinds of things happening and it makes me wonder are they giving up the babies they figure will cost them a lot of money in health care in the future. >> so we really want to keep talking about this. should you ever be able to return a child that you've adopted because it's not, i don't know, not going the way you planned. it's tougher than you thought or just really horrible circumstances. let's talk about this. call us at 1-877-tell-hln. e-mail cnn.com/hln. text hlntv. really intense discussion going on my facebook page. comment there as well.

april 12th has always bean big day in the history of space exploration. 49 years after the first human space flight, 29 years after the shuttle program began, nasa workers have their eyes cast on the future and they are pretty anxious about it.

49 years after the space race began the florida community that helped create the space coast, they are fighting for their survival. on this day in 1961 soviet cosmonaut made the first human space flight. the u.s. quickly bond is the mercury program based at the florida launch facility now known as kennedy space center. that region is known as the space coast. nasa employs tens of thousands of local residents and many astronauts train there, made their homes there. now the shuttle program is nearing its end and some workers fear as many as 9,000 jobs might go with it. so they rallied near the kennedy space center over the weekend urging nasa to save the space program. the agency says it could actually add jobs as it develops new rocket technology. a former astronaut at the rally said such growth should be

guaranteed. >> we are very supportive of america's human space flight program and we want to retain leadership. we want to send a message all over the world that we want to continue our leadership by maintaining our own capability of putting astronauts into space. >> the shuttle has now been carrying astronauts into space for 29 years. and today is the anniversary of columbia's inaugural launch. right now "discovery" is in orbit. another spacewalk is on the agenda for tomorrow. yesterday the astronauts installed a new cooling tank. anti-government protesters in thailand carried their dead comrades through the streets of bangkok today. the red shirts as the protesters are known want the prime minister to resign. killed this weekend in clashes with thai security forces. 17 of the dead are civilians, 4 are military personnel. more than 800 others were hurt. the country's election commission said today the ruling party must be dissolved for misuse of donations.

nine people were killed today when a landslide in the alps caused a train to derail in northern italy. five people are seriously hurt. italian officials say the death toll could rise. they say mud from the landslide got into the train cars and suffocated the passengers. it was a small local train we're talking about here. poland's president will be buried on saturday. lech kaczynski and 95 other people were killed in a plane crash saturday in russia. investigators say there were no technical problems with the soviet-made plane. they're suggesting human error caused the plane to go down in dense fog. many officials were on the plane. so far only 14 bodies have been identified, including the president and his wife. kaczynski's body was returned to poland yesterday afternoon. scary night for the residents of rhode island. assisted living facility.

investigators say a quick-moving fire broke out last night in a first floor residence room and spread through the walls to the third floor. an on-duty nurse helped them get out safely. 16 people though have to find a new place to stay. the cause is still under investigation. crews in ohio are investigating a fire that destroyed a vacant school. smoke was visible for miles when this fire broke out last night. firefighters were still putting out hotspots this morning. one firefighter was hurt in all this. the school has been vacant for about two years. it's not uncommon for a golfer to get a little teary-eyed after winning the big one, the masters, but when phil mickelson won, he seemed overcome with emotion especially when he hugged his wife. why he got so choked up.

>> whether you won the olympic gold, play professional football or even owned your own team, those reaping the award of tonight's celebrity gala are the stars of the show. welcome to the red carpet at the sixth annual aspire gala, a tribute to life's coaches. >> when you hear some of the testimony of the kids that have gone through our programs, some of the executive directors of

the clubs that we've dealt with, these are the guys on ground zero. we recognize these people and attached ourselves with them and they atax them sells with us. >> hal and bill wanted to do something special when their father died. by creating this foundation, it allows us to take the legacy of cal senior to the next level and share his live's says sons with kids that need guidance. >> a lot live in circumstances where they don't think about the future. they think of the world that they're in which is not pleasant in cases much they're changed after they come to these camps and think about the future in a positive way, which shows you you're making headway. >> we matchup kids with cops. ninety-seven% of the relationships has improved. the teachers and mentors say these kids are undergoing

short-term planning for the first time in their life. we're changing behaviors and that's the first step in changing their lives. when you change their life, you change the community. >> each year the young people have an opportunity to go to the cames. from a public housing community torks go to a camp to meet with billy and cal, it's very, very special. >> baseball and life may look simple involving a bat and a ball, but there's more to it, just ask cal. >> many times we communicate in the language of baseball, we're really communicate anything the language of life. with live lesson's, there's things you can learn in team work, individual responsibility. baseball is a cool sport because it blends them both well. >> the earlier you start, the better. i think with cal and billy and the foundation, i think they're doing a tremendous job getting youngsters involved in baseball at a early age.

>> life is being apart of a team. sometimes you win and sometimes you lose, and i think we learn more by losing and being a citizen and a good part of the team. when you win it, builds self-esteem and takes you to the next level. >> when a team is not doing well, it correlates in life in dealing with the ups and downs, and trying to do things you can best each day. you have to learn how to lose, but winning is a great gift. >> for the cal ripken senior foundation, partnerships have been the key to success. >> i'm thrilled to put my name on this agreement that will signify that the u.s. mar chal service will partner with the ripken foundation to change and affect the lives of hundreds and thousands of kids. >> we're honoring four magnificent people. first jackie. she with her own hands and energy invest in the boys and

girls club in st. louis. >> joe ripken will receive an award. there's art, everything he has done speaks for himself. >> to be a guest here treasuress and very excited about football and baseball emerging tonight. >> i'm proud of our game, i'm proud of the leagu i'm proud of what we've done, and also proud of my baseball friends who have done so much. >> i don't think there's a better venue in america to help boys become men and girls become women than through sports. coaches are influential to young people. it becomes a responsibility to help them grow and mature in a positive way. >> have a great coach that was in my life. i think with the cal ripken senior foundation is working

with young people, teaching them life says sons, and being a valuable as set in the community. >> want to hear from police officers and teachers, we know we're making a difference. >> to learn how to get involved, check out ripkenfoundation.org to. learn more about your community, check out on demand and click get local. for comcast on the red carpet, i'm elaina ruse sew.

all we can do is just stand before god counting on his mercy. >> my wife has been -- we've been through a lot this year, and it means a lot to share some joy together. it was just like smoke gushing out and we're just -- we grabbed all our stuff but they told us to get out. it's very important. you cut the head off the snake and the rest of them will know we mean business. >> a lot going on on the 12th of april. happy monday. hln "news and views."

i'm chuck roberts. nfl star ben roethlisberger of super bowl fame will not face sexual assault charges in georgia. that's the district attorney, fred bright, who made the announcement less than an hour ago having reviewed evidence from investigators. last month a 20-year-old college student accused the pittsburgh steelers' quarterback of sexual assaulting her in a milledgeville, georgia, nightclub, but the d.a. said she later decided not to press charges. >> we are not condoning mr. roethlisberger's actions that night, but we do not prosecute morals. we prosecute crimes. almost four weeks ago in a letter to me dated march 17, 2010, the victim's lawyer advised me that the victim did not want to prosecute this matter further and explained her reasons in a letter that is available to you today.

>> now, ryan smyth, anchor of "in session" on trutv is kind enough to peel back the onion of this case. why was this not prosecutable? was the witness unreliable? was she too drunk? >> i think a lot of this ties into it. i think in these cases a lot of times they do, unfortunately, for a lot of people they look into the victim's behavior. they analyze was she drunk? were there inconsistent statements? i think the primary thing was they found inconsistent statements. her saying one thing at one time, alleging there was an assault, at another time maybe saying something a little different. i think when you have that kind of case, it make it is difficult for prosecutors and then again if she decides not to press charges and not really to move forward -- >> what is left? >> then it all falls apart. >> physical evidence includes, what, dna of a male. >> uh-huh. >> too small to make any identification. >> and they really didn't pursue ben roethlisberger on the dna angle and not on the videotape angle of anything in the club because they said there weren't really any cameras in the bathroom. in that case they felt like it was too much of a stretch to

call charges on ben roethlisberger for such a minuscule dna situation. >> and what did she, the alleged victim, tell her friends as she emerged from the bathroom? >> from what we're hearing, she said that there was some interaction, that they had sex, but didn't really imply necessarily straight off the bat that it was something in the area of a rape or an assault, and that's where the conflict starts coming out because there are stories she said this to come people, not to others. >> but after she sobered up? that's the discrepancy. >> that's the discrepancy. >> did the duke lacrosse case play into it? >> i think there was this idea that this is a football star, we have got to hold him accountable for this, but at the end of the day you have to have a case. you have to have a case you can prove, and they just didn't seem to have enough for ben roethlisberger. >> they dotted all the "i"s and crossed all the "t"s. they didn't cut him any slack. >> i don't think they cut him

any slack. they said there weren't cameras in the bathroom approximate. >> it was like five feet single commode bathroom. >> when you factor in the possible actions of the victim, that make it is even harder. it's not over. he could be seeing civil actions on this. >> really? >> yeah, because the victim can still bring a civil case. i don't know if that's going to happen but he has another civil case pending from when this happened with a woman named andrea mcnulty last year in reno. this could be another issue he has to face. >> could the d.a. file later? there's been no first impression here, right? >> any could, i doubt they will. i think at this point they want to do as complete an investigation as they can do. if they can't find something they're going to move on. >> and the standard of level in a civil case is less? >> preponderance of the evidence, which means it has to be more likely true than not as opposed to beyond a reasonable doubt. >> can't thank you enough. good to see you, rayan smith. moving on, leaders from 46 different countries are joining president obama in washington today for a two-day nuclear security summit. they will discuss what mr. obama calls the biggest concern for

the world and u.s. security. that's keeping nuclear weapons out of the hands of terrorists and rogue nations thp th snatio. this comes a week after the u.s. and russia agreed to cut nuclear weapons by one-third. a chilling new detail about an alleged plot to bomb new york subways days after the anniversary of the 9/11 attacks. the information comes from zazi. he is cooperating with prosecutors. the source says zazi, who was driving an airport van in denver, told investigators that he was targeting the time square and grand central subway stations, two of manhattan's busiest. the source says zazi told investigators that he and two other men planned to wear homemade bombs and stand in the middle of subway cars.

that source says zazi planned to stage the subway attacks around september 14th of last year. he has pleaded guilty. his two co-defendants not guilty. all three went to the same high school in queens. the federal law enforcement source says a fourth suspect is now in custody captured in pakistan. how big a threat to you think al qaeda's leader is these days? we hit the streets to get your views on obl, osama bin laden. >> i'm joe carter and this is hln's "views from the street." osama bin laden, it's a name we all know, and it's been nearly nine years since the september 11th attacks. how important is it that we still catch him? let me show you some video of osama bin laden. >> oh-oh. >> remember this guy? >> osama bin laden, the most notorious terrorist. >> he's an idiot. his beard is too long and it's too gray. >> do we still need to capture this guy? >> yes, i think so. >> i say financially no. i'm just done with it.

>> it's good if we can capture him but investing millions of dollars to capture him is not worth it. i would rather spend it on something useful. >> it's very important. you cut the head off the snake and then the rest of them know we mean business. >> it's a hunt that's been going on for so long. we need to finally put it to rest. bring him to justice. >> i'd like to catch him but i'm not worried about him. he's not part of my life. >> really it would be more symbolic than anything else. i don't think it would matter too much. >> i don't think it's real important in the terms of the war on terror, that it would make us much safer. >> how important is osama bin laden to al qaeda? >> i feel hike he's less important now because so many other cells in different countries. >> i don't think he's very important to al qaeda. >> i think he's a major influence to people that believe in him. >> do you think if we do capture him we'll capture him alive? >> no, i doubt it. >> i don't really think they would allow that, but i think

that's the way that the government might want it to seem. >> i think he would be captured dead or just be missing altogether. i don't think you're going to drag him out of a hole like you did hussein. >> killing him is not going to stop terrorism. >> i'm joe carter and i'll see you on the street. president obama says intelligence suggests bin laden's associates are still trying to get the materials for a secret nuclear bomb. new late-night news as conan o'brien is heading to tbs, our sister network, to host a talk show that will debut in november. he can't go on the air before september. that's the no-compete clause that is still in effect. it will air, the new show, mondays through thursdays, 11:00 p.m. eastern which will move lopez tonight with george lopez to straight up midnight eastern. o'brien left nbc in january hosting "the tonight show" for only eight months. jay leno reclaimed the hour. under his parting deal, nbc

insists o brain can't appear on tv again until september. now he begins a standup release. he said in three months i've gone from network television to twitter to performing live in theaters and now i'm headed to basic cable. my plan is working perfectly. a woman who wrote a book about oprah winfrey claims to have learned the identity of the talk show queen's biological father. according to "the new york times" review of oprah a biography, author kitty kelly says she won't reveal it because oprah doesn't even know. the times says kelly went for the jugular but didn't draw blood. that's the review. the book coombs out tomorrow. kelly says she drew extensively from oprah's own interviews. amid fresh scandals in europe and the usa, the vatican says it's overhauling the rules for handling accusations of sexual abuse by priests. what's different about the new rules?

the vatican just published a new summary of the procedures on sex abuse cases today. the rules themselves are not new, but they've simplified it

all down to a one-page document which instructs a local diocese to investigate every allegation of sexual abuse of a minor by a cleric. if the allegation has a semblance of truth, the local diocese would then refer it to the congregation for the doctrine of the faith which oversees catholic doctrine. the local diocese is also instructed to report the allegations to the proper civil authorities. nine people were killed and 20 others injured when landslide in the alps caused a train to dera derail. the death toll could rise. investigators say the landslide was probably caused by a burst irrigation pipe. they say mud from the landslide got into the train's cars and suffocated the passengers. an italian news agency says around 40 people were on board. it was a small local run. anti-government protesters in thailand carried their dead comrades through the streets of

bangkok today. the red shirts want the prime minister to resign. 21 people were killed this weekend in clashes with thai security forces. 17 of the dead are civilians, 4 are military personnel. more than 800 others are hurt. the election commission said today the ruling party must be dissolved for misuse of donations. poland's president will be laid to rest on saturday. lech kaczynski and 95 other people were killed in a plane crash saturday in russia. investigators said there were no technical problems with the soviet-made plane. they're suggesting human error caused the plane to go down in dense fog. dozens of political military, religious and political leaders were on that plane. only 14 bodies have been identified including the president and his wife. kaczyns kaczynski's body was returned to poe laent yesterday. americans with ties to poland packed churches in new york.

chicago has the largest concentration of people of polish descent. >> all we can do is just stand before god counting on his mercy. >> poles are known for their courage, for their survival skills, and they are also known for their freedom-loving aspirations. so poland will be fine. >> a massive crowd flocked to the presidential palace in warsaw yesterday leaving candles and wreaths. a week-long period of mourning has gone. it's not clear what caused the crash. they found the plane's flight data recorder. perhaps that will uncover some clues. it's not uncommon for a golfer to get a little teary-eyed after winning the masters, but when phil mickelson won, he seemed overcome with emotion, especially when he hugged his wife. why he got so choked up.

phil mickelson admits he doesn't usually cry over victories but this one is different. the emotional support for his family was evident by the large crowds that greeted mickelson wherever he went at the masters over the weekend and what a round it was. this continued with loud applause when he officially won his third green jacket yesterday. and then a touching moment as he hugged his wife. it was her first appearance at a golf tournament since revealing last year she has breast cancer. while her prognosis is good, she's worn down physically and mickelson wasn't sure she'd even make it there.

afterward mickelson himself was caught up in the emotion. >> i really want to recognize my family. my wife -- we've been through a lot this year and it means a lot to share some joy together. >> and mickelson's wife hasn't been his only worry. his mother is also battling breast cancer. tiger woods stuck around for the weekend but there were not many highlights. while he was in contention, tiger ended up finishing tied for fourth. the highlight of the day came at the seventh hole. he holed out for an eagle. his return to golf did win back some fans. now tiger woods says he will take time out and re-evaluate things. we hear stories every day about people who have been the victims of identity theft. how do you protect yourself? clark howard tells us there's

only one sure fire way to do it. >> want to give you a fair warning about a letter that may show up in your mailbox. over 3 million to be exact, 3.3 million people have had their information compromised. name, social security number, address, and a bunch of other personal information was stolen from a student loan company's offices. now, here is what you need to know. when you get that letter, they're going to offer you a credit monitoring service for free. credit monitoring in my book is a waste of your time. if you get one of these letters, the only true way for you to protect yourself is to lock down your credit, shut it down, and the way you do that is with a process that's little known but very easy to do called credit freeze. with a credit freeze you're able to keep criminals even who have this information from opening accounts as if they're you.

i'm clark howard. for more ways for you to protect your identity, go to cnn.com/clarkhoward. >> don't forget, great consumer advice. clark is on weekends, saturdays and sundays at noon and 4:00 eastern here on hln "news and views." looking for the best carrier to fly on? as in airline? researchers at wichita state and purdue university say hawaiian airlines tops last year. it rated all airlines on several points, including on time arr e arrivals and the number of overbookings. they say more flights from all carriers arrived op time and fewer people complained about lost luggage. fewer people flew in 2009. spirit airlines plans to begin charging passengers for their carry-ons, up to $45 a bag. one lawmaker says, not on my watch. senator chuck schumer of new york is vowing to fight the plan

and stop other airlines from following suit. earlier today he said this proposal goes too far. >> and, you know, this is the last straw. everyone understands the airlines have difficulty, fuel prices and everything else, so when they took away the pillows and the meals and even the leg room, that's very annoying to me, i'm not that tall, 6'1", but sometimes i can't fit, but everyone said, okay, okay, okay. now, this is a step over the line. >> the fees are for bags that must fit in the overhead bin, not a purse or something that might fit under the seat in front of you. they take effect the first of august. a movie legend takes to her twitter account to talk about the possibility of wedding bells in her future. what she tweeted.

everything has come to a stand still for a moment of silence in charleston, the capital of west virginia. in fact, people all over west virginia are observing this moment of silence in commemoration of the tragedy a week ago today, exactly one week ago today. the explosion and fire that killed 29 men in an explosion. crews in west virginia are recovering the bodies of nine men still trapped inside the upper big branch mine in naoma, west virginia. a team of federal investigators is arriving to figure out what caused that deadly explosion. some of the men killed in the blast have already been found

and buried. president obama ordered u.s. flags across west virginia to be flown at half-staff in honor of those miners. nfl star ben roethlisberger will not face sexual assault charges in georgia because that man, the district attorney, made the announcement today having reviewed the evidence from investigators and made all the interviews and all the forensic examination. last month a 20-year-old college student accused the steelers' quarterback of sexual assaulting her at a nightclub in milledgeville, georgia. the d.a. said there are still questions about what happened that night but there's not enough evidence to prosecute mr. roethlisberger. >> everyone agrees that the victim was highly intoxicated due to consuming alcohol. one of the bodyguards guided the victim down a back hallway. mr. roethlisberger followed her down the hallway into a small bathroom. the issue is what happened in that small, less than five-foot

wide, single commode bathroom between mr. roethlisberger and the victim. significant questions about what occurred persist. >> "in session's" jean casarez from trutv is joining us with more analysis. he really didn't have much to go on, did he? >> no, he didn't. that's where it comes down. he kept talking about the alcohol and, chuck, i think that's because of the inconsistent statements. you want a witness that has credibility, that has consistent statements. he even went into some detail that originally when she was still intoxicated she was asked did he rape you? she said no. she then said i don't think we should go forward with this. once she was sober she said i didn't want to do it. i walked down the hall. i went into the bathroom. he followed me. he had sex with me. he said it was okay. inconsisten inconsistency. >> the dna evidence was so small, the sample of male dna was too small to make a possible match, right? >> it was a male dna, but they

could not decipher who it was, but they did say that the rape kit brought injury. she had injuries in her genital region, but those injuries they said they could not discern whether it was from a sexual assault or not. >> do complainants who have been drinking extensively make bad witnesses? >> is that the moral to come out of this story? they also said she holds firm to what she believes. i think credibility of a witness is important. have the same consistent story because when you're put on the stand, you will be cross-examined. >> what about the civil case? does she have one? what are the merits? >> we don't know yet if they're going to file one, but she definitely could. the standard for a civil case is preponderance of the evidence, more likely than not a crime occurred. so they definitely could go in that direction. this will be interesting. the district attorney said i don't see dollar signs in her eyes when i interviewed her. i don't think that's why she went to authorities. >> and the jury of her peers would have all been watching that news conference. >> that's, very, very true. if there's a settlement, it's

between the parties and you don't go to a jury. >> anything surprise but this case? >> i think in one sense how rapidly it was settled. the couple went to all these bars with their parties so they had all of these people to interview and then once in the hands of the district attorney only a couple days, a very short time. i think that led us to believe there would not be enough evidence for charges. >> remind me, the previous allegation against roethlisberger that plays no role, right? >> no, but that's something to remember. it was july of 2008 in south lake tahoe, nevada, a woman alleged sexual assault. she did not go to the police. she went to an attorney that filed a civil claim against harrah's and ben roethlisberger. >> can we assume the duke lacrosse case made all prosecutors a little shy? >> i think that's exactly right. this d.a. wanted the public to know that justice was to be served in this case. >> jean casarez, thank you very

much for your insights. >> thank you. >> good to see you. ewe cane saukraine says it' rid of its enriched uranium stockpiles. it coincides with the start of a two-day nuclear conference hosted by president obama. leaders from 46 other countries are in washington. they will discuss what the president calls the biggest concern for the world and u.s. security, keeping nuclear wea n weapons out of the hands of rogue nations and terrorists like iran and north korea. that th comes a week after the president and russia's president agreed to cut the number of nuclear weapons in both countries by about a third. the two-day summit is the biggest assembly hosted by a u.s. president since 1945. new late night news. conan o'brien and his red hair headed to tbs to host a talk show expected to debut in november. it will air mondays through thursdays. four nights a week, 11:00 eastern, which will move "lopez tonight" starring george lopez to midnight. o'brien left nbc in january

after hosting "the tonight show" for just eight months. a lot of people thought he got a raw deal. jay leno reclaimed the hour. under his parting deal, conan is barred from appearing on tv until september, so he's beginning a standup tour today. a woman who wrote a book about oprah winfrey claims to have learned the identity of her biological father. according to "the new york times" review, author kitty kelly says she won't reveal it because oprah doesn't even know. the times said kelly, quote, went for the jugular but didn't draw blood. a 7-year-old boy adopted from russia is sent back with a note pinned to him by his american family. alone in moscow. why they say they had to do that and what a lot of you are saying about it in "your views."

an american family put their own adopted 7-year-old boy on a flight to russia alone touching off a major international conflict. top state department officials are going to moscow now trying to restore smooth diplomatic relations. a tennessee woman adopted the boy last year, renamed his justin. last week she just had enough of the boy and sent him back. his adopted grandmother says nobody warned the family about the boy's violent tendencies, that the child was just out of control. she claims he had a hit list of people he was targeting for attacks, including his adoptive mother, and that he started a fire last week and threatened to burn down the family home. the family says the russian orphanage never told him about his problems. the russian government is outraged. they say the boy looks calm to

them. it's canceled all u.s. adoptions of russian children. american diplomats will try to get all this reversed and get the orphanage system reopened. we love your views on this. we want to go beyond it, should families in general who adopt children be allowed to return them? if so, under what circumstances? should it ever be an option? a lot of people are commenting on my facebook page. you can join in chuck roberts hln. let's start off with up a canal comments. donnette writes, if he or she have a danger to himself and others and if the mother was not told of the mental issues before hand, then, yes, i think you should be able to annul the adoption. catharine says i was a child adopted within the u.s. years ago and i am very thankful for that. yes, we adoptees do have some issues but with love from our parents we learn to adjust and mature into respectable adults. jim, you and your wife adopted

how many sib brinlingsiblings? >> caller: five. >> what was your reaction? >> caller: it's hard. it's like having a child. you think you're mentally prepared and you can't be until you're in the situation. i think you should have the ability to return because a lot of people have good in their heart but they don't -- it's like whether you're the kind of person that panics in an emergency situation or not. until you have been there you can't know. >> you felt kind of sorry for the mother? >> caller: yeah, i do, because i imagine this was really hard. >> yeah. do you think the process should always involve a face-to-face meeting between the adopted -- the child and the parent? should they meet first? >> caller: i think so. i mean, ours did. we had a series of meetings growing gradually in length, but even then there's a honeymoon period in any situation, a new

job, a marriage, or anything where you're getting to know the people and people don't really relax and show their true selves for several months in. >> justin is on the line. you were adopted, right, as a kid? >> caller: yes, i was. >> what was that like? >> caller: i was adopted when i was a baby. my two little brothers and baby sisters were also adopted. they were 2 and 3 and my baby sister was 6. all three of them came from the same family, and adoption is the greatest thing on the face of the earth for couples who cannot have children. the whole idea of sending a child back to live in an orphanage where they're getting very little attention, very little affection is wrong. this woman should be brought up on charges of neglect and abuse. the child should be placed with a family that knows how to deal with children with emotional

problems. the adoption process is very lengthy. >> it's very complicated, yeah. it's rigorous. >> caller: yes. >> what if she was misled, justin? >> caller: i don't believe she was misled at all because when she agreed to adopt a child, she opened up that can of worms. me and my wife are going through the adoption process right now. the foster to adopt is basically you take a child in from the state and you grow with the child. >> right. >> caller: okay. i was a bad kid. i wasn't the worst kid. i wasn't the best kid but i'm sure my parmenents wanted to se me book a couple times but they couldn't because they took custody of mee at two days old. my baby sister was 6, and she had a very, very, very rough childhood before we got her. >> but everybody stuck together

and you worked it out, right? >> caller: yes. >> i appreciate it. i got to run. i got a couple facebook comments and the clock is against me her. julie writes if the child had very severe emotional and behavior problems that the adoptive parents weren't informed of, i think they should be able to return the child. i tend to think orphanages will lie about a child to get them out thereof. especially to someone looking to adopt from a foreign country. jeanne, i would rather see a child returned than abused or neglected for the rest of his or her life. overall though i think the connection between prospective adopters and children need to be better fostered before the child is released to the parents. we'd love to hear you weigh in. should you be able to return a child you've adopted? e-mail at cnn.com/hln. text views your comment and name to hlntv. standard text rates apply. or we have facebook pages, chuck roberts hln, and richelle carey has a page, too. all right.

by now most high school seniors have already received their college acceptance letters, but they may not know how they're going to pay for it. stephanie elam has some last-minute financial aid advice for soon to be college students and their parents. >> hi there. filing all the right financial aid paperwork is just as important as submitting your application. even if you missed a college or urt's deadline, you should still file as soon as you can. deadlines in most schools are already set for giving out money from their own resources. but some schools may have some money left over so it's worth putting in an application even at this late date. now, even if your dream school has exhausted its aid money for 2010-2011 school year, you are still eligible for federal stafford loans, pell grants, and plus loans for parents. fill out your free application for federal student aid by june 30th, 2011. head to fafsa.ed.gov. there are a lot of opportunities out there so start your search

for scholarships in your local area checking nonprofit organizations and also large corporations. but keep in mind your financial aid package is not set in scone. if you have had a big change like a layoff, if there's a divorce or hopefully not, but a death of a parent or a guardian, let the school's financial aid office know right away. if you have already received your financial aid award, you can appeal to the college for more money, but keep in mind this process usually takes at least several weeks to happen. and, of course, if you have any questions like this, send them to us at cnnhelpdesk@cnn.com thp. >> thank you so much. the teen who allegedly kicked and stomped a girl with his steel-toed boots say he's sorry while she remains in a coma. what his parents say may have caused him to snap.

here is some amazing rescue video. this is from walnut creek, california, about 40 minutes east of oakland. look at this. a car with three people inside flipped into a canal. rescue crews were quickly able to pull the woman out, but then they had two other male passengers dead in the accident. the woman floated for more than two miles as the crews raced to

get ahead of her. finally they caught up to her after she went over a little waterfall. crews are still searching for the body of one of the victims. nine people were killed and 20 others injured today when a landslide in the alps caused a train to derail in northern italy. officials say the death toll could rise. the landslide was probably caused by a burst irrigation pipe. they say mud from the landslide got into the train's cars and suffocated the passengers. anti-government protesters carried their dead comrades through the streets of bangkok today. 21 people were killed this weekend in clashes with thai security forces. 17 of the dead are civilians. four are militarycivilians, four are military personnel, more than 800 people are hurt. the country's election commission said the ruling party must be dissolved for misuse of donations. poland's president will be buried on saturday. lech kas zin sky akaczynski was

along with nine others in a plane crash in western russia. that plane was owned by the polish government. only 14 bodies have been identified including the president and his wife. kaczynski's body was returned to warsaw yesterday. the mother and stepfather of the florida teen accused of beating a girl into a coma are saying they're sorry and are saying they think they know what triggered the attack. josie ratley remains in a coma, last month she was kicked, stomped on and slammed into the pavement at deerfield beach middle school. her attacker? a 15-year-old wade tracey. his mother and stepfather said that tracey snapped when he got a text message on his phone that made fun of his brother's recent suicide. >> evidently she must have said

something very derogatory about his brother's death. that's b ee's why we're trying some mental health officials in to help determine what turned him from a rational 15-year-old child to an irrational 15-year-old child. >> a friend allegedly told tracey where to find ratley faces charges as an accomplice. how is it to that bin laden get caught? >> i would like to catch him, but he's not part of my life. >> i think it's important in the war on terror that it would make us much safer. >> they don't seem to be worried about capturing obl, are you? more of these views from the street.

all he can do is just stand before god counting on his mercy. >> my wife has been -- we've been through a lot this year and it means a lot to share some joy together. and it was just like smoke gushing out and we're just -- we grabbed all our stuff and they told us to get out. >> you cut the head off a snake then the rest of it will know that we mean business.

welcome to hln news and views. thanks as always for your time. really one of the big stories of the day. nfl star ben roethlisberger will not be facing sexual assault charges in georgia. the district attorney made that announcement this afternoon. you saw it here live, he said he reviewed all the evidence from investigators. last month a 20-year-old college student accused the football player of assaulting her in a nightclub. the district attorney said there are still questions about exactly what happened that night but says there's not enough evidence to prosecute roethlisberger. >> this sexual allegation against mr. roethlisberger cannot be proved beyond a reasonable doubt. therefore, there will be no arrest made, nor criminal prosecution of mr. roethlisberger for his actions here on march 5, 2010. we are not condoning mr. roethlisberger's actions that night.

but we do not prosecute morals, we prosecute crimes. >> and the d.a. also said that the accuser's lawyer later told him that she didn't want to go ahead with prosecuting roethlisberger. ryan smyth, an anchor of "in session" is here. the prosecutor said that the victim changed her story. >> after this happened she talked to police investigators and said no, he did not rape me and then later changed her story. so that's obviously a very big piece here. >> and when they first spoke to her, she was in inintoxicated then. >> a lot of people say it's not about the victim, it's about the perpetration of crime. especially in georgia, they will look to the victim's actions to see if there was consent. >> and then does it matter, i

don't know if this played into the d.a.'s decision, that it came out that she did not want to go forward with prosecuting. how does that fit into the big picture. >> that is a very big thing. prosecutors want to bring cases like this in the interest of justice, if they feel there's a real case here, they're going to bring it. and there are only two people in this thing that actually know what happened. without her testifying, it's very hard to say exactly what happened. so that really ties the hands of the prosecution, so when they didn't have her, my feeling is they probably stepped back and said they didn't have much. >> it seemed that there was physical evidence, we heard that there was a laceration, and some dna, but now we have a real perspective for both of those things, put those things in perspective for us now. >> the key to the idea of a laceration, just because there was a laceration, you can't say there was an assault that was perpetrated. it could have been from something other than a sexual assault or could have been there

before that happened. so the police took that into evidence and talked to her and they didn't have enough evidence. >> and there wasn't enough dna to actually test? >> that's right, they didn't have enough dna to actually test and they didn't do a whole lot of testing to get roethlisberger's dna. so they didn't have a good enough sample to say it was definitively roethlisberger. >> as the weeks progressed, they never spoke to ben roethlisberger, i'm telling you that seems like some sort of "celebrity justice." explain why it's not celebrity justice. >> i understand the thought. he did have some great advocates, but here, there's so much more to this particular crime, if it was in fact a crime. you've got to prove that this assault actually happened. the witness has to get up on the stand and talk about what actually happened. you have to prove that there was some kind of contact. there were no video recorders to

record anything. it becomes a he said/she said situation. >> i would not want to talk to investigators either if i was in that situation? >> you really could have, but if they couldn't find a way to link you to it, i would say investigators might lay off and say they don't really have a case. let's move on with the rest of the news. leaders from 46 different countries have joined president obama in washington for a two-day nuclear summit. they're discussing what president obama says is the biggest problem for international safety, that's keeping nuclear bombs out of terrorists hands. russia and the united states agreed to cut the nuclear weapons by one-third. there's a chilling new detail about an alleged plot to bomb the new york subways days

after the anniversary of the september 11 attacks. this information comes from zaz si. that source says he told investigators he and two other men planned to wear home made bombs and sand in the middle of subway cars. the explosions would kill the maximum number of people. that source said azazi planned to stage the attack on september 11 of last year. the federal law enforcement force says a fourth suspect is now in custody. he was captured in pakistan. one of the points of the summit is making sure terrorists like osama bin laden doesn't pose a fluke clear threat.

. >> i'm joe carter and this is hln's "views from the street." osama bin laden, it's a name we all know. and it's been nine years since the september 11 attacks. how important is it that we still catch him? let me show you some video of osama bin laden. >> uh-oh. >> reporter: do you remember this guy. >> yes, osama bin laden, a notorious terrorist. >> he's an idiot, his beard's too long and it's too gray. >> reporter: do we still need to capture this guy? is that important? >> yes. >> i think no. >> if it takes millions of dollars to capture him, we should spend it on something else useful. >> you cut the head off the snake then the rest of it knows that we mean business. >> we need to put it to rest and do what's in our power to bring it him to justice. >> we need to catch him, but he's not part of my life.

>> i don't think it would matter too much. >> i don't think it's real important in terms of war on terror that it would make us much safer. >> reporter: how important is osama bin laden to al qaeda? >> i feel like he's lets important now because you have so many different cells in al qaeda. >> i think he's a major influence to people that believe in him. >> reporter: do you think if we do capture him, we'll capture him alive. >> no, i doubt it. >> i don't really think that they would allow that, but i think that's the way that the government might want it to seem. >> i think he will be captured dead or just be missing all together. i don't think they're going to drag him out of a hole like they did hughes. . >> killing him is not going to stop terrorism. >> reporter: i'm joe carter and i'll see you on the streets. president obama says intelligence suggests that bin laden's associates are still

trying to get materials to build a secret nuclear bomb. amid fresh scandals in europe and the u.s., the vatican says it's overhauling it's handling of sexual accusations by priests what's different about the knew rules?

some news from the world of late night. how about this? conan o'brien is headed to tbs on a talk show. it's going to air monday through thursday at 11:00 p.m. eastern time. so that means "lopez tonight" is going to move to midnight. o'brien left in january for a long eight months. his predecessor in that slot jay leno then reclaim the hour. under his parting deal with abc, conan is barred from appearing on tv until october. but he released a funny statement as always.

this is what he put out today. in three months i've gone from network television to twitter to performing live in theaters and now i'm headed to basic cable. my plan is working perfectly. the man who wrote about oprah winfrey says he's found the identity of oprah winfrey's biological father. the author says she won't reveal it because oprah doesn't even know. the times says that kelly went for the jugular but didn't draw blood. kelly says she drew extensively from oprah's own interviews. authorities believe a long-time florida trooper shot his wife and then killed himself in an apparent murder-suicide. eddie silcox and his wife sandra had been having marital trouble and had separated. police went to their home after a 911 to report a domestic disturbance.

>> it appears that trooper silcox shot his wife, called 911 for assistance and in between that time, it appears that he shot himself. >> officials also said that there had been no previous 911 calls to that call. eddie silcox had been a patrolman for about 22 years. president obama has been taking some heat lately from some african-american leaders who say he's not doing enough for the african-american community. many blacks across the country have been suffering disproportionately in this economic downturn. but he met privately with about 20 black leaders. these ministers spent much of the time they had with the president offering words of encouragement. they also urged the president to offer more summer jobs to young people and to select an african-american to fill the next supreme court vacancy. and a new document try about

real life married love story is coming to thousands of theaters across the country. the movie "you saved me" is coming to about 20 theaters nationwide. the couple said they weren't seeing enough positive images of black marriages so they got a camera and made this movie. the film plans to be screened all across the country, including new york, d.c. and atlanta. a chance to take a look at some stories from the african-american communities that affect all of us, so you can check out the may issue of "essence" magazine or log on to cnn.com/whatmatters.

crews in west virginia are recovering the bodies of nine men still trapped inside that mine. two separate crews made their way inside the upper big branch mine this morning and a team of federal investigators is also there to try to start to piece together to figure out what caused that deadly explosion last week. some of the 29 men killed in that blast have been buried and a short time ago some people observed a moment of silence for the miners, for their families, for their friends. president obama ordered u.s. flags in west virginia to be thrown at half staff in their

honor. two people are in critical condition after a massive fire ripped through their parents in chinatown. the seven-alarm fire broke out at about 10:15 last night. firefighters battled for hours to get it under control. it did spread to other buildings and three of the four buildings involved are just gone. they're still trying to figure out what caused it. nine people were killed and 20 others injured today when a landslide in the alps caused a train to derail in northern italy. italian officials say the death toll could rise. the landslide was probably caused by a burst irrigation pipe and they say mud from this landslide got into the train's cars and just suffocated the passengers. an italian news agency says about 40 people were on board, this is a small local train. the vatican published a new summary of its procedures on sex abuse cases and the rules themselves are actually not new but they have been simplified

into a one-page document. it requires a diocese to investigate every allegation. if that allegation has a semblance of truth, the local archdiocese will refer it to the doctrine of the faith. they will also report it to civil authorities. allegations of sex abuse by priests stretch from the u.s. to mexico also to europe as well. we have some amazing rescue video. this is on walnut creek, california. yesterday a car with three people inside flipped into a canal. rescu rescuers were able to lift that woman out of the canal. the woman floated for more than two miles while crews raced to get ahead of her. they finally caught up with her after she went over a small water fall. police are still searching for the water of one of the victims.

on wall street is the dow came within a hair of closing the 11,000 mark on friday. >> because of chuck, goal, we have got it. we reached that milestone, the blue chips finally closed above 11,000 today. it's the first time we can say that since september of 2008. optimism about the upcoming start of earnings season as well as the decision to loan money to greece. the dow ended up eight points, closing at 11,005. if you think the recession is over, you might be right. but we still don't have the official word. the national bureau of economic research met at the end of last week to decide if the recession is over and it decided that it would be premature to make the call. but most economists say it's a pretty sure thing that the recession is over, it's just a matter of dating when it ended.

tomorrow investors will react to the just released earnings of alcoa. and later this week we'll hear from general electric, intel and bank of america. it's about to get busy around these parts, michelle? >> yes, it is, so you keep exercising and drink your war, stay hydrated. there is still no signs of the missing 11-year-old girl in florida. her name is nadya bloom, he disappeared last week. we're going to talk about the latest issues with jane velez-mitchell, that's next.

want to tell you about a story we are following, rescue workers are said to be focused on a wooded area, they are trying to find a girl who's missing in florida. we're expecting an update from local police, a press conference, we're going to keep our eye on that situation, bring it to you live when it happens, we're getting information that nadia's sister was telling authorities that she was reading a book on joud adventures. she's 11 years old, her parents say she was mildly autistic and she was also taking pictures with a new camera.

this is a very big search. more than 150 people from different state agencies are in on this search for nadia. last week her parents found her abandoned bike and helmet in their neighborhood. we're going to keep an eye on that for you. ben roethlisberger will not face sexual assault charges in georgia. the district attorney made the announcement this afternoon. after reviewing evidence from investigators. that was last month that a 20-year-old college student accused the pittsburgh steelers quarterback of sexual assaulting herr at a nightclub. the d.a. fred wright said a m l milled milledgeville policeman asked her if she was raped and said she no. >> in her own handing where, she said, quote, i don't know if this is a good idea, he said, it's okay, and she said, he had

sex with me. and then it will go to her second statement in her own handrying and this is probably 12, 13 hours later, again at the mill edgeville police department. she's sober by now and coherent. and in her own words, getting to what i call the meat of the issue, she said, quote, and this is in her handwriting, i told him it wasn't okay, no, we don't need to do this and i proceeded to get up and try to leave. i went to the first door i saw, which happened to be a bathroom. he followed me into the bathroom and shut the door behind him. i still said no, this is not okay. and he then had sex with me. he said it was okay. >> the district attorney went on to say that dna analysis in this case is inconclusive because

there was affect large enough sample basically. while the criminal case wasn't strong enough to prosecute, the accuser still could pursue a civil case. >> they also said she holds firm to what she believes. i think credibility of a witness, that is important. you have the same consistent story because when you're put on the stand, you're going to be cross-examined. >> what about the civil case, does she have one? what are the merits? >> the standard for a civil case is preponderance of the evidence, more likely that not a crime occurred. so they definitely could go that direction. the district attorney said i don't see dollar signs in her eyes when i interviewed her, i don't think that's why she went to authorities. >> this is the second time the pittsburgh steelers quarterback has been accused of sexual misconduct. another woman said he raped her in 2008.

roethlisberger has denied that allegation. there was a plot to bomb the new york subways. a federal law enforcement force tells cnn this information comes from najy bull la zazi. the source says azazi told investigators that he was target times square square and the manhattan subway station. that source says that zaza planned to stage the subway attacks on september 14th of last year. his accomplices pleaded nogtd, and a fourth suspect is now in custody, he was captured in afghanistan. the vatican has published a new summary on procedures on sex abuse cases. the rules themselves that's not

actually new. they basically have been simplified into a one-page document. it instructs a local diocese to investigate every allegation of sex abuse by a minor, if the allegation has a semblance of truth, the local diocese will report the allegations to the appropriate civil authorities if local laws require. allegations of sex abuse by priests stress from the u.s., mexico to much of europe. the winter springs, florida police department has been looking for 11-year-old nadia bloom since friday. police believe she may have disappeared into the woods near her home. a press conference is getting started, let's listen. >> to help us bring this to a successful conclusion her. one of the updates that i would like to give you, as i mentioned earlier today, the priorities for today were to put more dog teams and foot patrols in specific areas.

i brought a map here to help you all understand what we have done in the areas that we covered and kind of a spectrum of the area that we're working in there. we have been successful in putting those dog teams in in areas three and four which are right in here and on foot patrol, we also have some orange county sheriff's department mounted patrol that are getting ready to go on the ground if not already on the ground doing patrols in the area where is they can get to. our plan for the rest of the day and possibly going into tomorrow is to continue with narrowing down these search areas, these search areas have been narrowed down immensely, about a mile radius, an overall go-mile radius. all of the area in the yellow has been walked, atv, has been patrolled by the helicopter, does that give you an absolute? no i can't give you an absolute that we haven't missed something, that's why we keep going over some of these areas,

aas i mentioned earlier, some of the water's going down, some of the stuff's getting moved around so when that happens we want to go in there and find out if there's anything that we have missed. as you know, i can never give you an absolute. but a little bit more information here, just to kind of update you on that, we have done all the dive teams that have come here in the last two days, three days, we have done 12 separate dives on six bodies of water. the bodies of water are the ones listed in the red, those are all the areas that we have actually physically put a diver or divers in the water and done a grid search in the water, again not an absolute, but these divers are feeling with their hands and going through there. in addition to that, the green areas there have sonar and/or cameras have been run through those areas. down here in the yellow is actually is school that she goes to, we actually sent a dog team

and a ground crew over there to see if we could pick up anything over there. as far as the flights from alert and the sheriff's department alert helicopter, we have done 12 flights, approximately 12.3 hours of flight time. what that is when all the people at nighttime when we move the searchers out of the area, the helicopter does a flight usually about 40 minutes each time with the forward looking infrared radar. what it is is it picks up heat signatures. i have been told that we have picked up quite a few animals, but nothing else moving in the area there. of course there were no flights on saturday because we wanted to make sure that if the helicopters were scaring her, one day afterwards, we wanted her not on -- >> you have been listening to an update out of winter springs, florida, the police department updating the extensive search to try to find that little girl

there, 11-year-old nadia bloom, her parents describe her as mildly autistic, they're hoping she just wandered into the woods, she's been reading a book and talking about that. but hopefully with helicopters, divers in the water, sonar, they even sent dogs to her school to see what they can find. so they're saying that some areas they can cross off their list and some area that is're going to drill down on some more. so we're going to get you updated on that. jay leno is chosen to replace conan o'brien. and now conan has found a home and it's kind of unusual.

take a look at that.

i think that means investors are feeling good, at least a little hopeful. about an economic recovery. the dow jones industrial average closed above 11,000 today for the first time since september of 2008. about 18 months ago. the market has risen in seven of the last eight weeks. look at that. take it all in. the late night talk show wars end with a surprise announcement. conan o'brien is moving to tbs. brooke anderson is in high school, kind of a surprise, a little bit of unusual movement, and conan has something funny and cheeky to say about it, doesn't he, brooke? >> listen to what he said, in three months i have gone from network television to twitter to performing live in theaters and now i'm headed to basic cable. my plan is working perfectly. you know, listen, i think conan kind of got a raw deal over at nbc, he only hosted the tonight

show for seven months before he was yanked off the air so i'm really excited about this opportunity for conan. i think he is really sharp and deserves his own show. and another reason why this is unexpected is the perception that he's going to get a much smaller paycheck than if he landed a network time slot. but the "l.a. times" is reporting that he could potentially make a whole lot more at tbs because he's going to have ownership of the show. so that will make a huge, tremendous difference. it's going to air monday through thursday at 11:00 p.m., meaning george lopez's show will move to midnight. lopez is thrilled that lopez is going to be his lead in. and here's what conan just tweeted about his new job. the good news, i will be doing a show on tbs starting in november. the bad news, i'll be playing rudy on the all new cosby show. that wouldn't be so bad. but rochelle, he's always going to be making jokes about it and we know this one's coming and he's going to be apologizing for his hair pretty soon.

>> i love conan and we hair his voice when he says these things, that's how much of a fixture he is for us. brooke, i love that. speaking of twitter, has jim carca carey been throwing back a few? what's going on? >> i hope he threw back a few and that's why he did this, i don't know what possessed jim carrey on the heels of his breakup of his long time break up with jenny mccarthy. he took to twitter to talk about the scandal. listen to what he said. no wife is blind enoughinfideli to be a willing participant on the ride for whatever reason. kids, lifestyle. i do know that women sometimes turn a blind eye to bad behavior

but i'm not just buying that elin was turning a blind eye to bad behavior. so me it's really just insulting and it seems that jim did get a little slap on the wrist, rochelle, he said that his people told him to tame the tweets, so now he's posting benign tweets like making himself a sandwich and taking out the dog, so that's a little bit smarter. >> tame the sweets, i like that. that's a good phrase, brooke. and even if he doubt think that, say it in your inside voice to yourself, don't tweet it. >> that's right. twitter can really get you into trouble these days, especially if you're a celebrity and this really proves that. and we're going to have much more on this today on ""showbiz tonight"" coming up in about 15 minutes live at 5:00, why some people are saying that jim carrey is actually right on. the tim carrey-tiger woods blame game that's at 5:00 p.m. and

11:00 p.m. eastern and central. a 7-year-old boy adopted from russia sent back by his american family. buy they say, insist they had to do it and your views on what they did.

i absolutely agree. >> an american family put their adopted 7-year-old son on a plane to russia and this touched off a major international conflict, major discussions about this. top state department officials are actually going to moscow this week to try to restore smooth diplomatic relations. a tennessee woman adopted a boy from russia last year, renamed him justin and last week she said she simply had enough of the child and she sent him back. the adoptive grandmother says no one warned the family about the boy's violent tendency, she claims the child was out of control, he had a hit list for people to attack including his adoptive mother. he also started a fire last week

and threatened to burn down the family home now the russian government is outraged. has canceled all u.s. adoptions of russian children. american diplomats will try to get that decision reversed and we have been asking for your views on this. most of you probably don't agree with the way this woman handled it. but just the bigger question, should families who adopt children ever be able to return them? should this ever be an option? a lot of comments on this, richelle carey on face wook is where you can get in on the discussion. raine says come with instructions and all they need some love and understanding. look at what this child has already been through. lori sees it this way though. jason says children should not have a return policy. parents should understand that before adopting. rose says "if they return the

child, they're obviously not going to be very good parents. as a consequence, they should not be allowed to adopt anymore. the child is better off, though, if they're not in a home where they are unwanted." a lot of people have had that position that rose has had today. and then an interesting point she made, if they don't want that child shouldn't be able to have that one. haven't had that particular point. angela wrote this "i think a person should only be able to return a child if a person can no longer take care of the child. if they lose their job, become homeless, et cetera. not because the child gives them a little trouble and misbehaves. great discussion all day. thank you ver much for sharing your views. we appreciate it. ukraine says it's getting rid of its enriched uranium stockpiles over the next two years, that is a key component of nuclear weapons. the announcement coincides with the start of a two-day nuclear conference in washington where president obama is hosting leaders from 46 other countries. they'll discuss what the president calls the biggest concern for the world and u.s.

security. that's keeping nuclear weapons out of hands of terrorists and rogue nations like iran and north korea. this comes one week after president obama and russia's president agree to cut the number of nuclear weapons in both countries by about one-third. a two-day summit is the biggest assembly of world leaders hosted by an american president since 1945. let's talk about what's happening in west virginia. still so much pain there. crews there are recovering the bodies of nine men still trapped inside that mine. two separate crews made their way inside the upper big branch mine. a team of federal investigators is also there today trying to figure out what caused last week's deadly explosion. some of the 29 men killed in that blast have been buried. president obama ordered flags at federal facilities in west virginia to be flown at half-staff in their honor. april 12th always been a big day in the history of space exploration but nasa --