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CNN SATURDAY MORNING NEWS

Legal analyst with Nelda Blair and Lida Rodriguez-Taseff

Aired August 21, 2004 - 08:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


DREW GRIFFIN, CNN ANCHOR: Welcome back to the CNN World Headquarters in Atlanta. This is CNN SATURDAY MORNING. It is August 21st. Good morning to you. I'm Drew Griffin.
BETTY NGUYEN, CNN ANCHOR: And I'm Betty Nguyen. Thanks for being with us. Time now for "Now in the News."

In Iraq, a CNN crew in Najaf says it's been fairly quiet overnight. But limited U.S. combat operations have resumed as militants remain in control of a revered Muslim shrine.

A spokesman for Muqtada al Sadr says the cleric may be ready to hand over the mosque but not to the Iraqi government.

Tit for tat, attacks in the race the White House. Swift boat veterans launch a new attack ad against John Kerry's Vietnam service. Kerry fires back saying Bush backers are behind those attacks. Now in a couple of minutes Jill Dougherty has more on the down and dirty battle in a live report from the presidential ranch.

The 9/11 Commission officially ceases operations today, but commission members plan to continue testifying before Congress. And they'll travel the country to lobby for the changes to homeland security that they recommended.

Keeping you informed, CNN, the most trusted name in news.

GRIFFIN: That's what's happening now. Coming up in the next 60 minutes for you, we'll revisit southwest Florida, slowly dragging itself back to life after Hurricane Charley. A live report in just minutes.

And in our legal briefs this morning, the already strange molestation case against Michael Jackson gets stranger.

And in "House Call" with Dr. Sanjay Gupta, nearly every man's nightmare, battling hair loss.

NGUYEN: As we mentioned, John Kerry is firing back. The Democratic nominee's campaign has filed a legal complaint with the Federal Election Commission against the Bush/Cheney camp. Kerry accuses Bush of using front men to smear his military record as swift boat veterans launch a new round of attack ads.

For its part, the White House says Senator Kerry is, quote, "losing his cool". Now in response, this is what camp Kerry says:

(BEGIN VIDEO CLIP)

TAD DEVINE, KERRY CAMPAIGN SR. STRATEGIST: That is almost precisely the language that they used against John McCain four years ago in South Carolina. This is out of the Bush family playbook.

OK, this is what they do. They take a veteran, like John McCain or John Kerry. They attack them by using a front group. And then they say, when that veteran stands up and responds with the truth, that they've lost their cool.

OK, that they have a bad temperament and cannot serve as president as a result. This is what they do, it is a proven pattern. They're trying it again. This time they won't succeed.

(END VIDEO CLIP)

NGUYEN: Kerry's spokesman added Arizona Senator John McCain has challenged the president to disavow the swift boat ads, but weeks later Bush still has not done so.

CNN's Jill Dougherty is in Crawford, Texas with more on the campaign controversy.

And, Jill, this is getting awfully messy.

JILL DOUGHERTY, CNN WHITE HOUSE CORRESPONDENT: It is. You know, Betty, today, in fact, President Bush, here at the ranch at Crawford is -- in Texas -- is going to be making his radio speech on the subject of education.

But this past week it's been anything but education. It's been an extremely acrimonious debate from both camps, I'd have to say, and campaigns, about the subject of the war. Not Iraq, but Vietnam, and the service of the two men who are presidential candidates.

At issue are those attack ads. The attack ads that are funded by soft money groups. They're called 527s.

The Kerry camp has been saying that President Bush essentially is letting these groups do his dirty work. And the Bush camp has denied that. They say there is no connection between the White House or the campaign and these groups.

And it -- the president, has been the target of those ads himself, $62 million worth, the campaign says. Scott McClellan, the president's press secretary from the White House said that Senator Kerry, is losing his cool.

(BEGIN VIDEO CLIP)

SEN. JOHN MCCAIN (R), ARIZONA: I believe that President Bush served honorably in the National Guard and I believe that service in the National Guard is honorable and I believe that John Kerry served honorably.

And there are more compelling issues today, probably, an American will die in Iraq, a young American. We should be focusing our attention on wining that war. Not trying to refight one that's been over for 30 years.

(END VIDEO CLIP)

DOUGHERTY: So, that was obviously, Senator John McCain. He's come out very strongly against both sides, the attack ads coming from both sides. He says that both men served honorably, and he blames the FEC for not doing its job -- Betty.

NGUYEN: We'll see how this plays out with voters. Jill Dougherty, thank you very much.

Who wins the November 2nd election may hinge on those undecided voters. Tonight, CNN takes the pulse of undecided voters in one part of the battleground state of Ohio.

What will convince them to choose Bush or Kerry? Well, that is at 8:00 p.m. Eastern, right here on CNN.

GRIFFIN: There is more fighting in Najaf this morning. Clashes resuming between U.S. forces and a radical cleric militia outside a key shrine. Joining us from Baghdad, CNN's John Vause with latest on this -- John.

JOHN VAUSE, CNN INTERNATIONAL CORRESPONDENT: Hello, Drew.

It was relatively quiet overnight in Najaf. Apparently there was some kind of hold in the military operations, but that is now over with the sound of gunfire and explosions around the streets surrounding the Imam Ali Mosque.

Though reports from Najaf suggest that this fighting certainly is not as serious as fighting has been there in recent days. Inside the Imam Ali Mosque, members of the Mehdi militia are preparing to hand the holy shrine over to the Grand Ayatollah Al Sustani. They have been sweeping the floors, that kind of thing, to hand the keys over to the senior religious Shiite leaders in Najaf.

We're also learning there are just a few hundred members of the Mehdi militia inside the Imam Ali Mosque. Their numbers seemed to have dwindled quite substantially over the week or so. There was up to 2,000 people there last week; now, just a few hundred, and among them women and children as well. And no visible signs of weapons inside the mosque itself.

We do know that the Mehdi militia have taken up positions in the streets and alleyways surrounding the Imam Ali Mosque. Right now those negotiations between senior Muqtada Al Sadr's aides and aides to the Grand Ayatollah Sustani continue.

There seem to be some sticking points about when the Mehdi militia will leave. Sustani wants the Mehdi militia to leave before accepting control. The Mehdi militia saying it wants to remain in place around the mosque to guard it. Also the Iraqi police have set up roadblocks. They remain in place around the Imam Ali Mosque. The governor of Najaf saying they have caught as many as 50 of the members of the Mehdi militia who were trying to flee.

And in all of this, Drew, the big question, where is Muqtada Al Sadr? He has not been seen in public for about a week or so. Now he was not at regular Friday prayers yesterday. U.S. military says it has no intelligence about his whereabouts.

And, also to report here from Baghdad, one U.S. soldier was killed when an RPG hit the vehicle he was traveling in. Two other soldiers wounded in that attack. And also to the northeast, in Helleh (ph), a Polish soldier was killed by a car bomb, and six other Polish soldiers were wounded in that attack -- Drew.

GRIFFIN: John Vause in Baghdad. What could be a pivotal day in the battle for Najaf. Thanks, John.

NGUYEN: From the war to the economy. Here's our e-mail question for you this morning: Do you think high oil prices jeopardize the U.S. economic recovery?

You can e-mail us at wam@cnn.com and we will be reading your replies throughout the morning. So send them in.

GRIFFIN: It happened a week ago, but Florida is still feeling the effects of Hurricane Charley. What people are doing to put their lives back together, we'll get a live update from Punta Gorda.

Plus, good morning Washington! There's a look at it right now. Rob Marciano has your complete weekend forecast when CNN SATURDAY MORNING returns.

(COMMERCIAL BREAK)

GRIFFIN: First there was "Fahrenheit 9/11", which critics called a "crockumentory", now comes another hard hitting documentary, challenging President Bush's theory that Saddam Hussein harbored weapons of mass destruction.

(BEGIN VIDEO CLIP)

COLIN POWELL, U.S. SECRETARY OF STATE: Here you see both truck and railcar mounted mobile factories.

UNIDENTIFIED MALE: When you take a look at mobile labs that Colin Powell discussed, he didn't put up photographs of these facilities. He put up artists renditions of these facilities. Why, because we have no proof they exist.

(END VIDEO CLIP)

It's called "Uncovered: The War on Iraq". And tomorrow on "CNN Sunday Morning" director of this film, Robert Greenwald, will join us live at 9:00 a.m. Eastern on "CNN Sunday Morning".

We'll be right back. (COMMERCIAL BREAK)

NGUYEN: One week ago this morning we were beginning to see just how devastating the damage was from Hurricane Charley in Florida. People who have survived the storm have a long road to recovery, but little by little things are getting better. CNN Sarah Dorsey joins us from hard-hit Punta Gorda with the latest.

Hi there, Sarah.

SARAH DORSEY, CNN CORRESPONDENT: Hi, Betty.

The damage behind me pretty much says it all. This was one of the hardest-hit areas in the state. And it definitely is going to be a very long journey, the clean up has just begun. Residents and business owners here continue that process while estimates on the damages are being made.

The people here now are just trying to make do with the resources that are being brought in. Thousands are still without power. Some are even still living out of badly damaged or even destroyed homes.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It ain't livable, but it's standing up. You can go in there and take a shower. You can use the commode. It flushes.

(END VIDEO CLIP)

DORSEY: The cleanup process is bound to take some time, of course. Residents are now finding a little relief here. Volunteers are out and about going door-to-door with ice, water and food. They are just trying to make the situation a little more tolerable for everyone here -- Betty.

Thank you, Sarah.

(NEWS BREAK)

GRIFFIN: We're going to check our top stories now. In Iraq after a temporary lull fighting between U.S. forces and militia loyal to Muqtada Al Sadr have resumed outside a mosque in Najaf. Aides to the clerics say they plan to vacate that shrine as soon as they can after handing it over to Shiite leaders.

Michael Phelps, he struck gold again. The U.S. Olympic swimmer snagged his fifth gold of the games yesterday, narrowly beating his teammate Ian Crocker in the 100-meter butterfly.

NGUYEN: Well, Scott Peterson's murder trial is put on hold just as his former mistress faces cross-examination. What might be causing this delay?

Plus a wrap of the week's other courtroom dramas. That's next.

(COMMERCIAL BREAK)

GRIFFIN: A dispute over evidence brings the Scott Peterson double murder trial to a screeching halt. It has put the cross- examination of Peterson's mistress Amber Frey on hold. Plus, the stepfather of the boy accusing singer Michael Jackson of molestation takes the stand in a pretrial hearing.

Jackson and Peterson are on the docket this morning in "Legal Briefs".

Very bizarre. Our regular legal combatants are here. Civil liberties attorney Lida Rodriguez-Taseff is in our Washington bureau today. Former Texas prosecutor Nelda Blair is in Houston.

Nelda, let's talk about the Peterson case. So much drama. I just don't know where to begin. How come it always comes to a screeching halt when the defense make as motion?

NELDA BLAIR, FMR. TEXAS PROSECUTOR: That's the way defense works. Geragos is a master at it. What he's doing is trying everything he can to interrupt the flow of the prosecution's case. And he's done a pretty good job of it.

The judge is saying, look, we've got to look at some evidence and see what effect it's going to have, whether we'll present it to the jury. All it really is, most likely, is a bunch of tapes that Amber Frey recorded between she and Peterson. There's hours of them.

And now the defense wants to introduce a bunch of them that don't have anything to do with the prosecution's direct examination of Amber Frey. And the judge has got to decide what he's going to let come in and what he's not. It's definitely an interruption of the prosecution's case. The defense wins on this one.

GRIFFIN: Lida, why doesn't Geragos just wait -- I mean, wait until his turn?

LIDA RODRIGUEZ-TASEFF, DEFENSE ATTORNEY: Well you know, this is such nonsense, Nelda. And you know it.

What happened here is the defense is getting ready. And Geragos said I want to introduce a bunch of tapes that the prosecution did not introduce. Totally allowable.

Then the prosecution said, absolutely not. Those are hearsay. That's what appears to have happened, hearsay. We're talking about tapes that were recorded because the police told Amber Frey to record these tapes.

GRIFFIN: But, Lida, let me ask you a question. Why can't the defense wait until it's their turn and then introduce these tapes? There are some 300 taped conversations?

RODRIGUEZ-TASEFF: Because Amber Frey is testifying. She's the one who recorded the tapes. She was acting as an agent of the government at the time that she recorded the tapes. Those tapes are government evidence.

Therefore, the defense is permitted to cross-examine Amber Frey about the government evidence that she compiled, just as the defense would be permitted to cross-examine the police about a -- a police officer about a report that he wrote that nobody asked him on, about the prosecution side.

So it doesn't matter that this is not the defense's turn. All that matters is that Amber Frey is a government witness who was acting on behalf of the government when she recorded these.

BLAIR: What really matters is that Geragos is going to do anything to stop the flow of the way the prosecution's trying their case. And he's done a good job of it. Now Amber Frey is on the stand. Now the jury's gone home for a couple of days. Her testimony was hot. Her testimony was cooking Peterson. And now what's happened is, it's cooled off...

RODRIGUEZ-TASEFF: Hot, Nelda...

GRIFFIN: Nelda, I've got to ask you.

RODRIGUEZ-TASEFF: Nelda, I've got to interrupt.

GRIFFIN: Lida, let me ask a question here.

Nelda, he never said he did anything. We know he was cheating on his wife. We know he was more or less a scumbag, but what in those tapes was hot in terms of the prosecution's tape?

RODRIGUEZ-TASEFF: Thank you.

BLAIR: We already know that he's admitted that he's a lying, cheating scoundrel of a husband. There is no question about that.

But what Amber Frey is showing the jury is that he's much more than that. He's a scheming, conniving person who's very, very capable of planning a murder like that that happened to Laci Peterson.

And I think that Amber Frey is turning out to be a really good witness and Geragos had to do something to cool off that testimony.

RODRIGUEZ-TASEFF: Give me a break, Nel. You know very well that Amber Frey has done very little testifying and that the jury heard over 12 hours of tape recorded conversations ...

BLAIR: Right.

RODRIGUEZ-TASEFF: ...in which Scott Peterson repeatedly denies having anything to do with the murder of his wife. Hot, I don't know, other than her name is Frey, there is no hot here.

GRIFFIN: Lida, let's go on to Michael Jackson. This is bizarre. The stepfather of the child, who's accusing Michael Jackson here, says he was basically bribed if he'd take part in a rebuttal to a documentary that Michael Jackson admitted sharing a bed with children. What do you make of this?

RODRIGUEZ-TASSEF: Well, it wasn't quite like that. Quite the contrary. He testified that he got a call from a gentleman from Neverland who said, we want you to come back to the ranch, because we want you guys to do a video about -- to rebut this documentary.

And he said, gee, what's in it for my family? At which point, the Neverland gentleman says, well, let me get back to you on that. And then comes back and tells him, look, we'll pay for your college education and buy you a house. How is him being bribed, other than he asked for -- asked for -- what's in it for us?

And I think it goes squarely into that defense theory that the only reason that these charges were made, and that these allegations were made, is because this family didn't get the payoff that it wanted.

GRIFFIN: Nelda?

BLAIR: Oh, Lida, what's happened here is, it's another situation where the Jackson team has committed some bizarre behavior. I mean there's a whole parade of things like this that have happened.

For example, the last lawsuit, or threatened lawsuit, that Jackson settled for $20 million, this time they're just attempting to throw money at these witnesses. It's an attempt to buy his case.

And every time the defense makes a step in this case, or Jackson himself make as step, like you said, it only gets more bizarre. Including the statement Jackson just made.

GRIFFIN: And...

RODRIGUEZ-TASEFF: You know...

GRIFFIN: That statement, Lida, basically, another attack on Sneddon, who he says is pursuing him, no matter what. Sneddon, being the district attorney there.

RODRIGUEZ-TASEFF: Absolutely. And, you know, look -- defendants will make statements and the prosecution can use those against them if they so wish, but let's talk about these statements. Let's talk about the fact that these statements are being cleared by the judge. That's a really, really dangerous road to take.

You know, I completely disagree with this approach in this case. The judge should simply say to Mr. Jackson, if you want to make a statement, god bless you. Go ahead. Talk to your lawyers. And if you make that statement, that's up to you.

But to have these statements looked at by the court and cleared by the court, it's going to get interesting.

(CROSS TALK)

GRIFFIN: Ladies, it's always interesting when you guys are on the air. We've got to leave it at that, but we certainly thank you for getting us through the legal questions of the week. See you guys.

BLAIR: Bye.

NGUYEN: Now on to another topic that's getting some fiery responses as well. Our e-mail question of the day: Do high oil prices jeopardize the economic recovery?

Well, Michelle in Copper Center, Alaska who writes: "I live less than 1.5 miles from the oil pipeline in Alaska and pay more than $2.40 a gallon for far and have no hope for a job in the near future. I think that the economy is in a severe decline."

GRIFFIN: Here a guy who's out of gas in North Carolina: "Yes, higher oil prices are jeopardizing the economy. It seems someone in the White House should investigate the oil companies or even the distributors about the price of gasoline going up. But then again it is an election year and Bush and Kerry need the donations from the oil companies. No help there, huh?"

Cynical.

"Out of Gas in North Carolina."

Please, continue to write in this morning. We'll read your answers to this question: Do high oil prices jeopardize the economic recovery?

And more on crude ahead. We'll put the escalating price of oil in perspective, a live report from New York, that is at 9:00 Eastern.

NGUYEN: First, battling hair loss. Ahead, "House Call" tells what you can do to prevent hair loss, plus stories in the news now when CNN SATURDAY MORNING returns.

(COMMERCIAL BREAK)

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