Monday, April 11, 2005
On The O'Reilly Factor...
Segment Summaries
All content taken from The O'Reilly Factor on Fox News Channel. Each weeknight by 6 PM EST a preview of that evening's show will be posted and then updated with additional information the following weekday by noon EST.
Talking Points Memo & Top Story
Justice for Jessica
Guests: Florida Attorney General Charlie Crist

"9-year old Jessica Lunsford was kidnapped, sexually assaulted, and murdered in Florida, and convicted sex offender John Couey has confessed to the crime. In the days before Jessica's body was recovered, police visited a trailer close to Jessica's house and asked three people who were living there if they knew anything about the little girl's disappearance. The cops went back three times, but it wasn't until the third time that the three individuals admitted that Couey lived in the trailer. Consequently Couey has told the cops he was hiding in that trailer when the police came and the three protected him. Initially those three were charged with a crime, but those charges have been dropped by State Attorney Brad King. Talking Points believes that is outrageous. There's no question those terrible people should be charged with obstructing justice and perhaps aiding the crime of murder. Over the weekend we learned that little Jessica may have been buried alive, and investigators say she might have been alive at the time the police questioned the people in the trailer. Talking Points urges all fair-minded Americans to demand that Brad King and Governor Jeb Bush explain why the state is not charging these three people. Florida has a terrible reputation when it comes to protecting children, and the Jessica Lunsford case is another example of that. These people must be charged, and Americans must get involved."

Transcript/Video: FoxNews.com

Florida's Attorney General Charlie Crist joined The Factor with his view of the Jessica Lunsford case. "We're outraged too," Crist asserted. "You're going to see some legislation that will fill the holes that exist in Florida's criminal justice system. So that when you obstruct an ongoing investigation it will be a violation that can be prosecuted." Crist said he has no authority to order Brad King to prosecute Couey's acquaintances. "He's an independently elected individual and has the prosecutorial discretion to make those kinds of decisions." The Factor again expressed anger at the decision not to prosecute. "What do you say to Jessica's father? These three people are partially responsible for that little girl's death. You can't just let them walk around the state of Florida without being punished."
Impact Segment
Killer's conviction overturned
Guest: Fox News chief judicial analyst Judge Andrew Napolitano

The ultra-liberal Ninth U.S. Circuit Court of Appeals in San Francisco has overturned the conviction of Mathew Musladin, who was found guilty of killing Thomas Studer in 1994. The court ruled that Musladin's right to a fair trial was violated because members of Studer's family wore buttons bearing the victim's image at the trial, potentially influencing the jury. Fox News judicial analyst Andrew Napolitano called it a case of judicial overreach. "I have never seen a conviction overturned on this basis. To walk in the courtroom with the face of a victim on a badge hardly intrudes on the jury. This court was looking for a way to interfere with a legitimate prosecution of a crime where a guy was shot in the back. This does nothing but frustrate ordinary criminal prosecution, and may put a murderer free on the streets."
Unresolved Problems Segment
Encouraging jihad?
Guest: Jonathan Turley, George Washington University

An Islamic scholar in Virginia is on trial for urging his followers to take up arms against U.S. troops. Ali al-Timini allegedly convinced other men to go to Afghanistan and help the Taliban defend itself against the American military. Professor Jonathan Turley explained that it's extremely difficult to convict someone for inciting violence. "The First Amendment prevents us from prohibiting even violent speech that suggests other people should break the law. You can only criminalize it if the violence is imminent. This is vile speech, but if we hold him criminally libel where will we draw the line in terms of other speech?" The Factor predicted al-Timini will be convicted of inciting violence. "You've got a guy who got a group of Muslim men together and told them to do something, and they did it. To me that looks like a crime."
Personal Story Segment
Tolerating "cultural terrorism"
Guest: Author Rebecca Hagelin

According to a book called "Home Invasion," American families are under assault from sexually graphic and violent web sites and TV shows. The book's author Rebecca Hagelin called on her own experience as the mother of three teenagers. "Mom and dad influence their behavior," she told The Factor, "by influencing their media choices. MTV is not allowed in our household." Hagelin also monitors what her children are taught in school, and chose to keep her son out of sex education classes. "They don't talk about abstinence as much as they say that if you're going to have sex use a condom. We teach our children otherwise." The Factor praised Hagelin's prescriptions and her diligence, but joked that she might have had trouble molding one particularly rebellious young man 40 years ago. "I would have run away, I would have been out of there. But if it works for you, who can argue?"
Personal Story Segment
100 Most Influential People
Guests: Steve Kopp & Priscilla Painton, Time

Time Magazine has released its annual list of the world's 100 most influential people. Time's Steve Kopp and Priscilla Painton appeared on The Factor and defended some of their choices.
  • Jon Stewart: "A lot of young people get their news through him. He challenges people."
  • Ann Coulter: "People read her books and everywhere she goes she attracts throngs of people."
  • Hilary Swank: "She gets under the skin of the characters and you believe that's her."
  • Jamie Foxx: "He is a role model in the sense that he worked hard to get where he is."
  • Jay Z: "If you can retire at 34 and become an entrepreneur that's something to respect."
  • Andrew Weil: "He lives holistically and brings different ideas from around the world."
The Factor took issue with a few of Time's selections. "I don't think Hilary Swank influences one human being on this planet. And Jay Z is over. That thug '50 Cent' has a lot more influence than Jay Z. And who on the face of the Earth does anything Andrew Weil says?"
Back of Book Segment
Analyzing "Sin City"
Guest: Actor Mickey Rourke

The extraordinarily violent movie "Sin City" has received glowing reviews from many of America's film critics. Mickey Rourke, one of the film's stars, rationalized the blood and gore in the movie, which even includes cannibalism. "They've upped the ante with the violence. You can do more." Rourke claimed the violence is mostly tongue-in-cheek and handled well. "If I had a 16-year old son I'd let him see it. It's an entertaining movie that's based on a comic book like Spiderman and Spiderman. But it's a much better film than either of those."
Books Mentioned


Home Invasion: Protecting Your Family in a Culture thats Gone Stark Raving Mad
by Rebecca Hagelin

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Constitutional Chaos: What Happens When the Government Breaks Its Own Laws
by Andrew Napolitano

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