NEW YORK - I know you get tired of hearing me say it. Sean Fitzpatrick is presumed innocent. But in case after case, we convict defendants like this one, based on facts fed to us by police and prosecution, before the case even begins.

It's easier to presume guilt. To blame someone, anyone, when innocent people die. Besides a good witch-hunt is as good for the ratings as it is for a prosecutor come election time. But the loser is the Sixth Amendment. The right to a fair trial. Because how many of us called to sit on a criminal jury can honestly say we have no presumption of guilt - no assumption that the guy sitting next to those defense attorneys must have done something wrong or he wouldn't be sitting there at all.

If you think you can presume innocence, well then good for you. Because most of us can not. And that's why I say it over and over again. And that's why we're going to cover this case like we cover all the others on Best Defense, with the presumption of innocence firmly in tact. And that's the Last Word.

–Jami Floyd, In Session anchor

WASHINGTON - In the next few days a Military Commission at Guantanamo will issue a verdict in the first American war crimes trial since World War II, the case of Osama bin Laden’s former driver, Salim Hamdan. To one who has observed the proceedings, it appears that Hamdan has been given a fair trial. But if he is convicted, much of the Arab world may disparage the verdict as a product of heavy-handed “Gitmo Justice.”

There is no persuasive reason why Military Commission trials should be held at Guantanamo. The U.S. detention and interrogation operation there has become a symbol of brutal excesses in America’s war on terror, a taint that is likely to rub off on the Military Commissions that are also currently located there. To avoid the taint, the Military Commission facility should be closed down, and future war crimes trials should be held in the United States.

There was some logic to locating the Military Commissions in Guantanamo when the Bush Administration believed the remote U.S. naval base would be beyond the supervision of the Supreme Court. But once the Justices declared that U.S. operations in Guantanamo were fully subject to judicial review by the civilian courts, it became illogical to hold court in such a misbegotten place.

Nobody who was not fleeing the stern gaze of the Supreme Court would have ever put a court in Guantanamo. Everything is inconvenient. Witnesses must be flown in from the mainland. Government flights are occasional, commercial air service almost nonexistent. So attorneys, jurors and court personnel are mostly isolated from their families on the mainland.

Gitmo is hot–hospitable to scorpions, mosquitoes and iguanas, but not to journalists packed into tents without hot food or running water. The Pentagon had hoped there would be wide coverage of this first test case, in hopes that the government could make its point to the public that the proceedings were just. But so far the only American television networks to broadcast live reports have been “In Session” (formerly Court TV), and CNN.

Despite the boot camp setting, journalists would have flocked to Guantanamo if the first defendant had been a bloodthirsty terrorist bigwig. Instead, the government inexplicably picked Hamdan, who never fired a shot in battle and never got around to actually joining Al Qaeda. Hamdan’s misfortune was that when US forces nabbed him in Taliban country there were two surface-to-air missiles in his car. The Americans didn’t believe his story that it was a borrowed vehicle and the missiles must have belonged to the car’s owner. So he probably will be convicted of giving material support to terrorists.

But the second charge against him is conspiracy, and he could actually be acquitted of that. The evidence shows that no al Qaeda heavyweight deigned to conspire with him, they just gave him orders about when and where to drive bin Laden’s car. The government may argue a novel legal theory, that Hamdan’s failure to leave al Qaeda after so many murderous attacks was tantamount to conspiring with the terrorists. But the jury—even this one made up of military officers–may not be willing to reach that far.

Ironically, the government could score a public relations coup if the jury should find Hamdan not guilty of one of the two counts. It would demonstrate that the Military Commission process is not stacked against the defendants. But if Hamdan is found guilty of both counts, the world’s reaction could be soured by the fact that it all happened in Guantanamo.

Why would a judicial proceeding be located in such a place? There is no rational answer, and future war crimes trials should be held in a place where people can at least drink the water.

–Fred Graham, In Session senior editor

GUANTANAMO BAY, Cuba - The American link to some 45 square acres of arid land at Guantanamo Bay, Cuba dates back to 1903. We're supposedly paying Fidel Castro about $4,000 a year in rent to lease the Naval base, but he never cashes the check. In Session's stay on the island could only be described as surreal - passing iguanas the size of dogs walking up the courthouse steps at Camp Justice and being shooed away by some of the many well-armed soldiers patrolling the hilltop; sidestepping a scorpion outside the tents we sleep in.

Salim Hamdan in Guantanamo Bay court

Inside the court sits Salim Hamdan in traditional Yemeni white robes and a sport coat, seemingly involved and very aware of what's taking place, even smiling. Leaning up against the judge's bench is a military green surface-to-air missile, allegedly recovered from the trunk of a vehicle Hamdan was driving when he was arrested in Afghanistan. Court security is ready to pounce. We learned in testimony from interrogators that Hamdan has enjoyed some of the local fare on the base. Interrogators fed him McDonald's fast food - yes they have a McDonald's on the base. They also have Subway and Taco Bell.
The military attempts to accommodate the soldiers and their families at this remote outpost by providing an outdoor movie theater, schools, athletic fields, churches of all denominations, and they also have some excellent beaches for snorkeling. I also witnessed quite a few soldiers hoisting back a few cold ones at a new Irish bar called Ned O'Kelley's. Next door over 100 soldiers were in an auditorium playing bingo for cash prizes. We have no freedom of movement on the base and must be escorted everywhere. Inside some of the military buses we listened to music from Radio GTMO, whose slogan is "Rockin' in Fidel's Backyard."

A sign advising of a 'Iguana Crossing' on one of the main roads on the U.S. Naval Base

It was interesting to see that the military generates its own power and water on the base without having to rely on Cuban municipal sources and is even somewhat green. A decent percentage of power is supplied by giant wind turbines - cutting down on emissions of greenhouse gases.

Before the "enemy combatants" came, there are now approximately 270 of them, the primary mission was to serve as a strategic logistics base for the Navy's Atlantic Fleet, and to support counter drug operations in the Caribbean.

It's fascinating to see what could be the beginning of the end as both presidential candidates, Sen. John McCain and Sen. Barack Obama, have promised to shut down this quirky little home for alleged terrorists and the many members of the Joint Task Force.

–Bob Regan, In Session senior executive producer

NEW YORK - Come September there'll be a new show in town. It premieres on our sister network TNT and it's called "Raising the Bar." It's all about criminal defense attorneys and their clients.

It's about time, because for too long criminal defense attorneys have been the foil for Hollywood prosecutors and easy fodder for lazy writers who want to appeal to a law and order public. It may seem harmless at first, but over time playing defense attorneys as the bad guys has actually done damage to the criminal justice system. Add to that a bevy of blond talk show hosts out for blood and the presumption of innocence is a thing of the past.

Which is well and good until it's your son or your husband or even you who is charged with a crime. Then you'll want that presumption of innocence. You'll want a good lawyer to take your case. If you're lucky, a show like “Raising the Bar,” will help rebalance those scales of justice. Before it's too late. That's the Last Word.

–Jami Floyd, In Session anchor

GUANTANAMO BAY, Cuba–The U.S. Naval Base at Guantanamo Bay is the oldest U.S. base overseas and the only one in a communist country, with a climate that makes it suitable for banana rats and iguanas. But it will now be forever linked to something much more infamous - the first war crimes trial since World War II, involving Osama bin Laden's driver Salim Hamdan.

In Session arrived by cargo plane and then ferried across a turqoise bay to what is now known as "Camp Justice." The military has set up a press center in a giagantic cavernous hangar just below the courtroom, located atop a hill populated with several armed soldiers. The press is able to enter the courtroom in shifts or view it in the media office on a continuous closed-circuit feed. We are the only ones able to watch Hamdan and I was 15 feet away from the defendant inside the courtroom for what could be the most dramatic moment of the trial.

As prosecutors played an interrogation tape of Hamdan shortly after his arrest in Afghanistan, he rose from behind the defense table and was immediately surrounded by some four court guards. Hamdan was intent on leaving and told the judge that in his absence, the defense could not speak for him. He was eventually ushered out of the courtroom. The tape, which shows Hamdan kneeling on the ground, sometimes with a bag over his head and his hands tied, played on in Hamdan's absence.

Some time later, a defense attorney notified the judge that Hamdan wanted to come back to the court. He reentered the courtroom and sat quietly until the tape was finished and the gavel went down. The commission of jurors left the court and Hamdan addressed the judge once again. This time he told the judge that he wanted the commission back because he wanted to apologize for his outburst.

The judge said he will now give Hamdan an opportunity to personally address the commission when court resumes. The judge has said, ""the eyes of the world are on Guantanamo Bay," we hope he's right. While the media room is abuzz with foreign tongues linked to Al Jazeera, Saudi Press Agency, Agence France-Presse and BBC Arabic TV, only In Session and CNN have been present from the American media.

Watch Senior Editor Fred Graham's reports on this historic case on In Session.

–Bob Regan, In Session senior executive producer

Guantanamo Bay, Cuba - By staging the first Military Commission trial since World War II and banning television coverage of the proceedings, the U.S. Government is in danger of proving the old saying that a tree that falls unseen in the forest makes no sound.

The government had intended that the war crimes trial of Osama bin Laden's former driver, Salim Hamdan, would be closely followed around the world. This was to be the first trial of an alleged terrorist by one of the Military Commissions created by Congress and the Bush Administration, and the government hoped that madia coverage of the trial would persuade the world that the process was fair and just.

In fact, for those of us who are observing the trial, it is clear that the government is ernestly attempting to conduct a fair trial that deserves the approval of the world. The proceedings are very similar to trials in the civilian courts. The military judge is even-handed, and has issued several rulings adverse to the prosecution. The defense lawyers are first-class. Hamdan is treated with the utmost respect. (The judge calls a break several times each day so the defendant can pray.)

The problem is, the case lacks pizzaz, and it is not being widely covered around the world. The major television networks are not here. CNN has a correspondent here, and we of "In Session" are the only other American television network to broadcast from the scene. A number of print journalists are here, but their dispatches are not being given prominent coverage.

The pity is that if this trial was being televised, it would be a huge hit with TV audiences around the world. As I sat in the courtroom yestereday, I kept thinking that if the multitudes could see it they would be fascinated–and pesuaded that the government was doing justice.

I recalled that I had written a letter years ago to then-Secretary of Defense Donald Rumsfeld, asking that when the first trial was held, television should be permitted to present it to the world. The answer was no, and it was a mistake.

–Fred Graham, In Session senior editor

NEW YORK–Three days of state's evidence. Five hours of deliberations. I know the Constitution guarantees criminal defendants a speedy trial, but I don't think the trial of Joshua Rosa is quite what the founders had in mind. And I don't think they'd like it very much.

The kid is facing life in prison for the murder of a child. It should take more than a few days to convict him, but it rarely does. Because the system simply couldn't handle it. If every case went on for weeks or months, the system would grind to a halt. And that's why even death penalty cases take just a week or two at most.

Here in New York, the system never stops. Court is open for business 24/7. Like a machine, chewing up justice and spitting it out. So if the system is broken, how do we fix it? Here’s how: Stop the war on drugs. Stop prosecuting nonviolent drug offenders as criminals and deal with them as what they are - addicts. And that will free up prosecutors to take the time it takes to seek justice.

And that's the Last Word.

–Jami Floyd, In Session anchor

NEW YORK–There is no decision, yet, on whether a murder charge can be refiled against Cindy Sommer. The case against Sommer was dismissed last April, on the District Attorney’s motion, after new evidence raised doubt that Sommer was responsible for the arsenic poisoning death of her husband in 2002. In fact, the new evidence raised doubt that Todd Sommer was poisoned at all.

Earlier this year (and more than a year after Sommer was convicted of murder), the District Attorney discovered additional tissues of the victim which had never been tested for arsenic. The tissues, preserved in paraffin, were sent to a private lab in Quebec, Canada. Surprising to many, though perhaps not to Sommer and her defense team, the results showed no arsenic present in any of the tissues. Sommer was promptly released from custody. She had been locked up since November 2005 and faced a new trial in May. The defense maintains that this new evidence proves Todd Sommer’s death was not even a homicide.

Attorneys and Sommer were back in court last Friday as the defense seeks to have the case dismissed forever. The District Attorney wants the option to charge her again at some future date. Judge John Einhorn wants Sommer and her attorney, Allen Bloom, to decide how they want to proceed on their motion to dismiss with prejudice. If granted, Sommer would never face a murder charge again for the death of her husband.

The defense wants the matter to go before the trial judge, Peter Deddeh, currently assigned to another courthouse. Judge Einhorn says he’ll send it to Judge Deddeh if the defense challenge only deals with the trial evidence. Judge Einhorn will keep the case if the defense challenge includes not just evidence at the 2007 trial, but also allegations of government misconduct during and after it; in particular, in retaining the victim’s tissues but not testing them until earlier this year.

Bloom has indicated that his challenge will be limited to the evidence, in which case the matter will likely be sent to Judge Deddeh who, arguably, knows the case best.

The next court date is September 26, 2008.

–Beth Karas, In Session correspondent

NEW YORK–If you remember Zacarias Moussaoui, it’s because we brought you his trial every day for weeks back in 2006. And I hope you were watching. Because that may be the last time a suspected terrorist gets the full panoply of rights we are supposed to give criminal defendants in this country.

Starting today, with this man, our government plans to try accused terrorists in special tribunals, without those rights. And that may sound ok at first. And I get it.

I grew up in the shadow of the World Trade Center. My parents still live down there. We haven't yet recovered as a family, as a neighborhood, or as a nation. So, I don't really care all that much about Salim Hamdan. But I do care about the Constitution. And we are slowly erasing the Bill of Rights in this so called war on terror. If we're not careful, we will wake up one day to find we've simply handed our democracy over to those who would see America destroyed. On that day, the terrorists will have won.

And that's the Last Word.

–Jami Floyd, In Session anchor

TAMPA, Forida–After deliberating for 3 hours without reaching a verdict, the jury in Florida v Joshua Rosa will resume their deliberations Monday morning.

Friday was a tense day in the Tampa courtroom with emotions between the families of the defendant and victim extremely strained. Although they used to live across the street from each other , they are now miles apart in this first-degree murder trial.

The day started with defense forensic pathologist Dr. Ronald Wright taking the stand. He testified that a manual strangulation death such as what happened to 13-year-old Stephen Tomlinson does not produce a bloody nose or mouth until after death. Dr. Wright testified the "dynamic" strangulation murder as outlined by the prosecution did not include any blood. So any blood on the defendant came after the murder when Rosa found him and tried to help.

The defense closing argument focused on many issues, including why the blood pattern and injuries to Rosa are not consistent with Tomlinson fighting for his life.  Defense attorney Brian Gonzalez said the foreign DNA under Stephen's left hand fingernails was consistent with Rosa's DNA profile on 3 markers, but was so weak that 1 in 5 African American's couldn't be excluded from the profile or 1 in 12 Hispanics.

During the prosecution closing argument Assistant State Attorney Jay Pruner put on Rosa's actual white cotton gloves while describing how Rosa held the young boy in a neck lock from the back while covering his bloody nose. He described how he said Tomlinson fought with his left hand and nails to get Rosa's arm away from his neck and fought with his right arm to get Rosa's hand off his bloody mouth area. It was a strong closing demonstration, linking together the blood on the gloves, the blood on Tomlinson's right hand and Tomlinson's fingernail clippings with foreign DNA that couldn't rule out the defendant.

Rosa faces life in prison.

–Jean Casarez, In Session correspondent