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Anderson Cooper 360 Degrees

L.A. Suburb Threatened by Fire; Congress Drafts Report on Pre- War Iraq

Aired October 24, 2003 - 19:00   ET

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


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


(BEGIN VIDEOTAPE)
SOLEDAD O'BRIEN, HOST (voice-over): The basis for war with Iraq comes under fierce attack. This time from an unlikely source.

Weighing the worth of a life apart. Who should decide to separate conjoined twins?

Hot winds and scorching flames threaten a small desert town in California.

Laci's husband back in court next week. We'll give you a preview of the trial ahead.

William and Harry respond to the reported revelations about their mother. What are they saying?

Weekend box office thrillers: chillers and killers. Movies to watch this weekend.

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

O'BRIEN: Good evening, everybody. I'm Soledad O'Brien in for Anderson Cooper tonight.

We begin with a frightening, threatening California wildfire. Hundreds of homes have been evacuated in suburban Los Angeles as wind gusts of up to 40 miles an hour push a 4,000 acre blaze down from the hills.

CNN's Miguel Marquez has the story in Rancho Cucamonga, California.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): The fire smoldered for three days, then wind breathed life into it, surprising firefighters and homeowners.

UNIDENTIFIED MALE: The fire just came so fast, we were luck enough to have a hose in there and put water on the fire as it was coming. And the houses just got lucky. UNIDENTIFIED FEMALE: The whole skyline, red, orange, like (UNINTELLIGIBLE).

MARQUEZ: Fire officials say thousands of residents of the East Los Angeles suburb of Rancho Cucamonga were forced from their homes. Schools closed, roads shut down as the community of new subdivisions braced for the worst.

UNIDENTIFIED MALE: That fire bridge is probably about 100 yards from the House. It jumped the fence and it's coming.

UNIDENTIFIED MALE: We were standing outside, and all of a sudden, a big gust of wind blew over us. And then it just got really dark.

MARQUEZ: Firefighters were feeling heat of their own. A chopper set down for mechanical problems, but the flames got to it before the mechanics could.

(END VIDEOTAPE)

MARQUEZ: Now those chopper pilots and the crew there were able to get away just fine, even though evacuations now number in the thousands. There is a bit of good news this evening, with a few people let back into their neighborhood because firefighters were able to burn out all of the vegetation around their homes. The other thing we're seeing is that the winds have died down enough to allow fixed wing aircraft to get into the fire there and dump retardant along the fire line -- Soledad.

O'BRIEN: Miguel, are firefighters saying that this fire is similar to other devastating California fires that they've fought before?

MARQUEZ: Certainly similar in many respects. The one thing that -- the similarity and the concern that people have is because that you have that Santa Ana wind now blowing toward the town of Rancho Cucamonga, although it seems to have died down a bit right now. They're expecting it for another couple of days. This close to the town, with as hot as it's been lately, the humidity is very low in the woody vegetation around here, and all of that is a recipe for disaster -- Soledad.

O'BRIEN: Miguel Marquez in Rancho Cucamonga for us this evening. Miguel, thanks.

Word tonight of what's being described as a scathing report on U.S. intelligence. Sources say the Senate Intelligence Committee is getting ready to slam the CIA for guidance it provided before the U.S. invaded Iraq. National security correspondent David Ensor has details for us.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): George Tenet, the head of U.S. Intelligence, finds himself in the hot seat amidst reports the Senate Intelligence Committee is working on what will be a scathing report about U.S. intelligence on Iraq before the war.

UNIDENTIFIED MALE: In some cases, as I've indicated before with the Niger incident, it's sloppy.

STUART COHEN, NATIONAL INTELLIGENCE COUNCIL: It was quickly prepared but certainly not sloppily.

ENSOR: Under fire, U.S. intelligence fired back, granting CNN an exclusive interview with the man who led the team that wrote the document the furor is all about.

UNIDENTIFIED MALE: Does it surprise you then that weapons of mass destruction have not been found?

COHEN: It does not surprise me at all.

ENSOR: Cohen said David Kay, the CIA man in charge of the hunt for Iraqi weapons, needs much more time to search the California-size nation of Iraq.

COHEN: In certain areas, he's barely scratched the surface. And chemical weapons is one area in particular.

ENSOR: Democrats want to broaden the Senate inquiry into what went wrong, holding a hearing that showcased complaints Vice President Cheney may have pressured CIA analysts.

UNIDENTIFIED MALE: Sitting down and debating with junior level analysts and pushing them to find support for something he personally believes that Saddam was trying to acquire uranium, that to me is pressure, and that's intimidation.

COHEN: This is one of the most insidious of allegations that are out there. I am proud of the fact that a vice president will take his time and come out to this agency to talk to analysts.

(END VIDEOTAPE)

O'BRIEN: David Ensor is joining us from Washington, D.C. this evening. David, George Tenet being made the fall guy on all of this, do you think?

ENSOR: Well, there may be some who want to do that. Senior intelligence officials, though, say that of course Tenet serves at the pleasure of the president. And he believes he has the president's pleasure still. He does not think he's on his way out at this point -- Soledad.

O'BRIEN: David Ensor joining us this evening from Washington, D.C. David, thanks.

Time for a quick flashback. This is not the first time that the CIA director has been in hot water over Iraqi intelligence. Remember those 16 words about Iraq trying to buy uranium in Africa? Well, President Bush was criticized last summer for using the information in his State of the Union Address that was inaccurate, let's say.

CIA Director Tenet took the heat for the president, saying he was responsible for his agency's intelligence. He didn't mention quitting then, and the White House continued to back him.

It has been an especially bloody 24 hours in Iraq. Attacks were reported in Baghdad, Mosul, Fallujah and Bacuba (ph). Three American soldiers were killed, 13 injured. Our Jane Arraf is joining us live now with details on that.

Jane, good evening.

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Good evening. Well, it started in Bacuba (ph) when mortars hit a hangar of the 4th Infantry Division, wounding 13 soldiers. Another mortar attack Friday morning in Samara.

Now, that one, mortar rounds fired on a forward operating base. That one killed two American soldiers and wounded four. And another U.S. soldier shot dead as he was guarding a grain silo in Mosul about three hours north of Baghdad.

Now, bloody day as well in Fallujah. That one, no serious casualties reported, but in that city, west of Baghdad, a convoy hit a homemade bomb. A roadside bomb exploded. Some of the residents there seemed overjoyed. They were dancing around the disabled vehicle, chanting praise and stomping on the windshield.

And one thing we don't hear a lot about are Iraqi civilian deaths. And there are quite a lot of them. But among the most tragic appears to be this one.

Now, three members of a family, the mother, father and a 5 year- old girl were killed when an armored personnel carrier crushed their car. This APC appeared to be fleeing a rocket-propelled grenade attack. It veered into their lane of traffic right into their car. Two other children, including a 17 year-old girl, survived.

Back to you.

O'BRIEN: CNN's Jane Arraf joining us this evening with an update from Baghdad. Jane, thanks.

In tonight's "Terror Watch," words of warning. First in Baghdad. The Overseas Security Advisory Council says there is a terrorist plot to bomb a Baghdad hotel frequented by Westerners. The council is an agency created by the U.S. State Department.

It says the attack would target a hotel in Baghdad's Karata (ph) neighborhood and would probably be from a vehicle filled with explosives. While this is not an official State Department warning, a senior official says there are indications of ongoing plans to attack Westerners in Baghdad.

The second warning comes from Britain. It is urging its citizens not to travel to Saudi Arabia unless they absolutely have to. The foreign office says it believes terrorists may be in the final phases of planning attacks in the kingdom. No other details. Just yesterday, Australia issued similar warnings.

Let's take a quick trip "Cross Country" right now.

First, a look at something happening all across the country: a geomagnetic solar storm. It's hit the Earth after traveling at two million miles an hour. There is some interference with airline communications and satellite telephones, but no widespread problems. Astronomers say tonight you might be able to see the Arora Borealis, or the northern lights, as far south as Illinois.

Charleston, South Carolina: justice delayed. Military prosecutors ask a judge for a delay in the prosecution of a Muslim chaplain who was working at Guantanamo Bay. And according to the chaplain's lawyer, it's because the prosecutors are overworked.

Captain James Yee is in solitary confinement in a Navy brig. He was supposed to have a hearing by December 10.

Mineola, New York: lawsuits coming. Attorneys representing three teenagers allegedly the victims of sexual assault at a football camp this summer have filed notice that they plan to sue the school district. There are criminal charges pending against the teen's assailants, including kidnapping and sexual assault.

New York City: mistrial. A judge declares one in the trial of investment banker Frank Quattrone, who was charged with obstruction and witness tampering. The prosecution and defense will meet in November to figure out if there will be a second trial.

Miami, Florida: bowing out. Pat Riley (ph), the second winningest (ph) head coach in NBA history is stepping down as the Miami Heat's head coach after posting his worst record ever last year. He'll remain as team president.

And that is a look at some of the stories "Cross Country" tonight.

The desperate race against time and rising water. Dozens of miners trapped underground. We're going to take you to the site of the rescue mission.

Plus, Scott Peterson. Find out why his lawyers want DNA evidence kept out of court.

And then later, fact, fiction and fantasy. A high school freshman faces expulsion over her personal diary. Has the school gone too far? We'll take a closer look.

But first, let's take a look "Inside the Box" at the top story on tonight's network newscasts.

(COMMERCIAL BREAK)

O'BRIEN: One year to the day, John Allen Muhammad and Lee Boyd Malvo were arrested in connection with the Washington area snipings. Muhammad's murder trial continued in Virginia Beach, Virginia. Jeanne Meserve reports on today's attempt by prosecutors to link Muhammad to shootings before the Washington area sniper spree.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): The slaying of a South Korean immigrant outside a Baton Rouge, Louisiana beauty supply store; another shooting prosecutors are attempting to link to John Muhammad. In court Friday, the sister of Hong In Balinger (ph) broke down when asked to look at a photo of the scene.

But it was the use of autopsy photos that raised the ire of Muhammad's attorneys, who said they were unnecessary and prejudicial. Family members were asked if the use of photos of relatives alive and dead was difficult.

UNIDENTIFIED FEMALE: The photograph of her being alive, that was mine. That was what she'd given me anyway. And the other one, yes, yes.

MESERVE: In other testimony, Montgomery, Alabama police officer James Graboy (ph) said he felt, "sick in the pit of my stomach" when he saw a photo of Lee Malvo on television and realized he was the person he'd almost caught after a chase from a liquor store shooting scene a month before. Two women were struck in that incident, one fatally.

A medical examiner said their wounds were consistent with a high velocity rifle, the Bushmaster, prosecutors say. But it was a 22 caliber handgun that was later recovered near the scene. That handgun, prosecutors say, has been linked ballistically with two earlier shootings. Witnesses have placed Malvo at both. Prosecutors are expected to contend that the presence of two weapons in Montgomery establishes that John Muhammad was there with Malvo.

(on camera): More emotional testimony lies ahead as prosecutors begin laying out the evidence in the Washington area sniper shootings next week.

Jeanne Meserve, CNN, Virginia Beach, Virginia.

(END VIDEOTAPE)

O'BRIEN: Now for some other news around the world. Let's check the "UpLink."

Madrid, Spain: donors' conference. The Bush administration says it is extremely pleased with the money pledged for rebuilding Iraq. A senior official says the funds exceed expectations. Still, the final figure falls well short of the $56 billion needed to get the job done.

London: Heathrow Airport the end of an aviation era. The Concorde, the world's only supersonic airliner, is retiring after 27 years of flight, grounded by lack of business. The droop-nosed SST made its final transatlantic flight, New York to London, in about three hours. On schedule.

Southern Russia: frantic rescue effort under way. They're trying to reach close to four dozen miners trapped in a flooded coal mine for more than 24 hours. CNN's Ryan Chilcote has been following this story.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): It is difficult to imagine a more complex rescue operation where man and machine are so squarely pitted against the forces of nature. Bulldozers here move earth and concrete round the clock, fill a shaft from which water has been flooding other parts of the mine since Thursday. Meanwhile, workers measured the distance left to go.

(on camera): But this is the simplest part of the operation, football fields beneath me. Teams of engineers are frantically digging tunnels in a desperate effort to reach the miners trapped below.

(voice-over): Quietly, families await information on their loved ones. But it could take days before there is any real news.

UNIDENTIFIED MALE (through translator): I believe it will take about two days to drill a tunnel into this mine where we think the trapped miners are.

UNIDENTIFIED MALE (through translator) Everything that is possible is being done. We have doubled our efforts. You can see it for yourselves. We hope to rescue our people alive.

CHILCOTE: Without any communication with the miners, though, it is impossible to know if they're even still alive or how much air they may still have down there.

Ryan Chilcote, CNN, Russia.

(END VIDEOTAPE)

O'BRIEN: Separation surgery for conjoined twins. The price is high, the risks even higher. Are doctors going too far? We'll take a closer look at the ethical dilemma.

Also tonight, royal battle. Princes Harry and William fight back in defense of their mother. Find out what's going on behind the scenes.

And a little later, hold on to your seats. A very funny scary movie. A look at that and all of the hot picks this weekend.

But first, we want to hear from you. Send your instant feedback to cnn.com/360. Log on right now.

(COMMERCIAL BREAK)

O'BRIEN: Now on to our weeklong look at conjoined twins. The media often portrays stories of separating twins as a great triumph over adversity, but there is less attention to the brutal choices that parents and doctors often face. Do you risk surgery, giving life to one, even if it means the other one will die? Is it right to separate otherwise healthy twins and risk losing them in the process?

Two of many questions that have no easy answers. Here is Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): The separation of twins conjoined at the head generally does not turn out favorably for one or both of them. Recently, we witnessed the death of the Bijani twins in Singapore. The two Marias survived, but Maria Teresa has been devastated neurologically. She is vision impaired and deaf.

They are not alone. Statistically, the survival rate is 50 percent for one or both twins and close to zero for both living independent normal lives. And so while the stories of these twins have taken on an almost mystical fascination in the media, tough ethical questions are being asked in the medical community.

Is it appropriate to perform such dangerous operations that some consider elective? After all, the Bijani twins were not at risk of losing their lives. And if other conjoined twins are able to develop normally, is it really worth the risk of death or significant neurological complications?

Also, many are concerned about the $2 million-plus price tag, usually not paid for by the family. Could that money be better spent on vaccinations or preventative measures that could save more lives? Many argue the cost of science moving forward is sometimes paid in dollars and lives.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

O'BRIEN: We've seen the ethical struggles play out in dramatic ways, especially in the case of the Bijani twins. Adults, otherwise healthy, who decided themselves to risk separation and then died as a result.

We're joined this evening by a neurosurgeon who was part of the Bijani team, Dr. Ben Carson. He joins us from Virginia Beach this evening. Also, bioethicist Glen McGee. He is the author of "Beyond Genetics: Putting the Power of DNA to Work in Your Life." And he joins us from Montreal this evening.

Gentlemen, good evening. Thanks for joining us.

Dr. Carson, let's begin with you. Several other doctors refused to operate on the Bijani twins, turned down their request to be separated. Why did you feel and your team feel this was an appropriate thing to do? DR. BEN CARSON, NEUROSURGEON, JOHNS HOPKINS: Well, this was probably the first case in which there was truly informed consent. There was a very large ethics team that was convened which consisted of people from many different walks of life, many different religious backgrounds. And it was made clear to them that, unless that ethics committee came to a unanimous decision that surgery should go forth, that it would not.

So this was something that was all arranged through the Singapore team. I personally was not enthusiastic about the surgery, but it became clear that it was going to happen anyway. So I felt strongly that I needed to at least lend whatever assistance I could at that time. But you know, I think all of the appropriate things were done in terms of informed consent.

O'BRIEN: Mr. McGee, when you see these two women who were so incredibly accomplished, even despite the fact they were conjoined, and they so desperately clearly wanted to be apart to the point that they were willing to risk their lives, doesn't that speak volumes about their existence as conjoined twins, that life for them was not worth living in the state that they were living?

GLEN MCGEE, AUTHOR, "BEYOND GENETICS": I think there is no question that you have to take into consideration, as Dr. Carson said, the wishes of patients involved, where you've got medical care to provide. If a pair of conjoined twins could be successfully separated as adults, if there were a medical procedure that we could offer them that would allow them to end that suffering so that in this case one of the twins could go on to law school, then proceeding with an informed consent session that involved 100 people would be a great idea.

You wouldn't really need to have as sophisticated a procedure for informed consent as they had. The key feature though is that you have to have something to offer them. And the bottom line here is that informed consent doesn't matter if what you're offering them is frankly unethical.

It was clearly irresponsible to proceed with this surgery. And the fact that the twins agreed to take on those risks strikes me as evidence that they were not competent to make those medical decisions.

O'BRIEN: Forgive me for interrupting you there, but you have two women who, again, everyone would admit are incredibly accomplished. How could you say what was being offered to them they weren't clear about the risks they were undertaking? They clearly were willing to risk their lives to live separate lives. They wanted it that badly.

MCGEE: It first should be said -- I mean, Dr. Carson and I talked about this before, and Dr. Carson was there and I was not. I didn't witness any of this informed consent. I've been told, of course, that it all took place in languages other than English.

The best translations we have, (UNINTELLIGIBLE) and others have told us that there was an enormous amount of pressure on one twin from the other. And that that pressure was part of the reason why a number of transplant centers, even if they thought they could have succeeded -- which no one thought they could, from a medical standpoint - wouldn't have proceeded.

This is a very special kind of case because these people are conjoined. I mean, that is the desire to be separated, if it's truly shared, is one thing. But if there is any kind of pressure, it would be very different than, for example, if my brother. who isn't connected to me, wanted to have my kidney or wanted me to volunteer to give bone marrow.

O'BRIEN: Dr. Carson, where do you draw the line? There certainly are occasions, I'm certain -- and I'll give you a facetious example. If someone comes in and says, my allergies are so terrible, please, cut off my nose, I can't take it anymore, obviously as a doctor you'd say, well, that's ridiculous, no. If someone comes to you and says, I want to be separated, and you know the extreme risks, when do you say, no, I just will not do it. Morally it's wrong.

CARSON: Well, you know you have to kind of look at this in a historical perspective. If you go back and you look at many difficult types of surgical procedures, and you go back to the beginning of the time when they were being done, many people said, that's ridiculous, you can't do that. And if we had stopped at that point, there are many things that we can do now that we would not be able to do.

So in a case like this, we are pushing the envelope. This is the very edge of technology and knowledge. And if we stop there and we say, we can't go any further, then we definitely won't. And I think when people try to make judgments for these young ladies, you have to really have spent some time in their shoes.

And when I first met them, I was deeply touched by the degree of depression that they suffered from. And unless you have actually spent time connected to somebody 24-7, every decision being a joint decision, even when they go to the bathroom, it can be the person that you like the most in the whole world, but if you cannot get away from them for one second, I think you might have some different reactions.

O'BRIEN: That will be our final word this evening. Dr. Ben Carson, nice to have you. Thanks for joining us.

Also, Glen McGee. Appreciate your time this evening, gentlemen. Thank you.

Of course, we want to know what you think of this story. Our buzz question is this tonight: If you had conjoined twins, would you risk the life of one to save the other? You can vote now: cnn.com/360.

Coming up on 360, the place where Scott Peterson spent his 31st birthday. In court. We're going to talk with 360 legal analyst Kimberly Guilfoyle Newsom just ahead.

It's a battle between the princes and the butler. Harry and William lash out at what they see as the butler's betrayal of their mother. And the Weekender looks at the movie that has the Hollywood hit makers running scared: the horror spoof "Scary Movie 3."

Plus, the latest on those California wildfires. There is a live look right now. Stay with us, everybody. We're back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: Now for some of tonight's top stories in our "Reset."

Rancho Cucamonga, California. Live shot there. You're looking at the threatening flames, the fast-moving so-called Grand Prix Fire threatening homes in suburban Los Angeles. At least 2,000 have people been evacuated and others are other being warned to get ready to flee if necessary.

Fort Stewart, Georgia. Army inspection. With senators complaining that sick and injured troops are being housed in unacceptable conditions at a Georgia military base. A top Pentagon official is going to take a firsthand look. Army Secretary Les Brownlee plans to visit Fort Stewart tomorrow.

Little Rock, Arkansas. Wal-Mart aftermath. Wal-mart promising to investigate its entire work force and fire any illegal immigrants. Immigration officials arrested early 250 suspected illegal immigrants at Wal-Mart Stores yesterday. A top Democrat criticized the arrest. Hour Minority Leader Nancy Pelosi says they terrorize people who are just trying to earn a living.

Washington, D.C. Hold the diapers. The Census Bureau says more women are putting off motherhood. According to a survey taken last year, about 44 percent of all American women between the ages 15 and 44 are childless. That works out to 26.7 million women, a number believed to be a record.

And that is our "Reset."

In Atlanta's suburb of Roswell, a student is expelled for a fictional story in her diary that seemed too real for school officials.

Gary Tuchman has that story.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): The trouble started after Rachel Boim wrote a story in her private diary.

RACHEL BOIM, HIGH SCHOOL STUDENT: It was just about a girl who shoots her math teacher. And she dreams the whole thing. She wakes up at the end of class and when the bell rings and gets up her stuff and leaves.

TUCHMAN: The 14 year-old's notebook was confiscated by a security officer at the Roswell High School in suburban Atlanta after she was passing it in class. She was temporarily suspended from school.

R. BOIM: I really didn't mean any harm by writing the story and I didn't want to scare anybody or make anybody feel threatened.

TUCHMAN: But two weeks later, a school system tribunal decided to expel her from the school.

CATHY COCHRAN, FULTON CO., GA. SCHOOL SYSTEM: In this day and time, everything is taken seriously that can be even perceived as a threat to that safety and security.

TUCHMAN: Many school systems now have zero tolerance policies as a result of school shootings like the one at Colorado's Columbine High School in 1999.

But Rachel Boim says she is merely a creative writer. Her parents even set up a writing room, where she pens her poems and stories.

(on camera): But the fact that they expelled you, can you understand that?

R. BOIM: No. I think that was a definite overreaction.

TUCHMAN (voice-over): And perhaps the school system now thinks so too. On Friday, an announcement -- that for the time being, that Rachel Boim can return to her school.

COCHRAN: And then there will be an appeals process to our board of education.

TUCHMAN: The freshman says she still might write something about this again, but...

R. BOIM: It's not something I would bring to school.

TUCHMAN: Gary Tuchman, CNN, Roswell, Georgia.

(END VIDEOTAPE)

O'BRIEN: Earlier today, I spoke with Rachel and her father, David Boim, and I started by getting Rachel's reaction to the school now rescinding -- at least for now -- her expulsion.

(BEGIN VIDEOTAPE)

R. BOIM: I am not really sure what to think about it. I mean, if it's, like, that they really want me back in the school or if it's just that the media has gotten involved and they don't want the media involved.

O'BRIEN: David, obviously you guys have been now embroiled in this controversy with the school. Can you understand the school's perspective, a teacher takes that, reads that says, Oh, my goodness, this sounds to me like a kid who is planning on shooting up our school? DAVID BOIM, RACHEL BOIM'S FATHER: The school administrators live in a what-if world. So I can understand them being concerned and calling us in and having a discussion. But what -- everything that transpired beyond that is almost surreal. The fact that her teacher took the book because it might have been a distraction in class, that's great. The fact that the journal was not returned and he actually read the journal -- that's very, very disturbing to me. And she was expelled for inappropriate writings.

What is appropriate writing? What is not appropriate writing? What is an appropriate thought? What is not an appropriate thought? where does that erosion of civil liberties and our rights as American citizens -- where does that begin and where does that end? That -- those are very troubling issues. And I made it very clear to them from the very beginning that those were my concerns.

O'BRIEN: The school might say in return, as you say, We live in a what-if world. And what if we did not act upon a story that's clearly violent? What if we did not do anything and the next day something horrible had happened? Wouldn't we be to blame?

D. BOIM: And I agree with that perspective. I agree that once the story was no longer part or privy to a private journal, for them to be concerned and have us come in and have discussions. That's great.

But at that point, common sense ended. They didn't go in and look at Rachel's record. They didn't get a statement from record -- for the record. They did not get statements from my wife or myself. They just literally took this story and said, This is the fact. This is the evidence. And suspended her for 10 days and then later expelled her.

O'BRIEN: Rachel, I'm going to ask you the final question today. I know that you grew up fairly close -- or went to school fairly close to where the Columbine shooting happened. Did that play a big role in the stories that you write?

R. BOIM: Well, I think it's just the fact that I've been exposed to violence that really made me write this story. I wasn't thinking of Columbine when I wrote this story. It's just the fact that there are school shootings now. And it is really scary. And it just seemed like a good line for a story.

O'BRIEN: All right. Rachel Boim and David Boim, thanks for joining us. I certainly appreciate your time.

R. BOIM: No problem.

D. BOIM: Thank you.

(END VIDEOTAPE)

O'BRIEN: We called school officials to invite them to tell us their side of the story. They did not return our calls this evening. The judge in the trial of accused murderer Scott Peterson has agreed to another delay in his preliminary hearing. But this time it is only for 24 hours.

CNN's Rusty Dornin brings us up to date on what's going to happen next.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): The preliminary hearing will be another day late. Scheduled for next Tuesday, it will now be on Wednesday. The judge wants to hear arguments before the hearing about the hair found on pliers in the bottom of Scott's boat. The prosecution maintains it matches hair from Laci Peterson's brush. The defense says it involves mitochondrial DNA testing, a type of DNA testing, they say, is an unaccepted novel scientific technique, and therefore, it should not be admissible.

The defense today handed over its witness list to prosecutors in court. On that list? Police officers and the judge who approved the wiretaps of Scott Peterson's phones. Amber Frey, Peterson's former girlfriend, is still expected to be the prosecution's star witness, but no confirmation of that in court.

Outside the courtroom, Scott Peterson's brother John told reporters Scott's family is anxious for the preliminary hearing to begin.

JOHN PETERSON, SCOTT PETERSON'S BROTHER: We look forward to an opportunity for us to show -- for them to show us their cards and see what they think Scott did.

DORNIN (on camera): Scott Peterson turned 31 today. The sheriff's department says he will be given no special treatment.

Rusty Dornin, CNN, Modesto, California.

(END VIDEOTAPE)

O'BRIEN: So next week will be a big one in the Peterson case. The prosecution has its first chance to present what it believes really happened to Laci Peterson and her unborn son.

With us from San Francisco tonight is 360 legal analyst Kimberly Guilfoyle Newsom.

Kimberly, good evening. Nice to have you. Thanks for joining us.

KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: Thanks, Soledad.

O'BRIEN: So the witness list is out. Who do you think is the big threat to the prosecution at this point?

NEWSOM: Well, I won't expect to see any surprises from the defense. This is their chance to really pick apart the prosecution's case through careful cross examination.

What I have been impressed with is what Mark Geragos is doing in terms of the pre-preliminary hearing motions to try and exclude evidence. What it appears is that the prosecution is going all-out trying to pull together a case here against Scott. This is the fourth time the case has been continued, and they haven't seemed that upset about it because they're still basically searching, looking for evidence. They're trying to introduce dog-tracking evidence, GPS, hypnotizing witnesses. So Mark is going to attack all of that vigorously. And that's what I expect to see in this preliminary hearing.

O'BRIEN: The parents of Laci Peterson and Scott Peterson will be attending the hearing. Now couldn't that be a problem if they're actually going to be witnesses later on in the case?

NEWSOM: Absolutely. Ordinarily, during a preliminary hearing, there is a motion to exclude made by both sides. Any potential witnesses, percipient or not, to any of the events, alibi witnesses, et cetera. And they should be excluded so their testimony is not tainted by evidence they hear in court.

But both sides have agreed to allow them to be present. But if some issues come up where they feel that maybe the Petersons would be a witness and information that they would testify to would basically be brought out in court, then there is grounds for the prosecution to have them excluded. Keep in mind, they have said things about when Scott was down in San Diego, et cetera, and provided basically testimony on his behalf that could come up at trial.

O'BRIEN: Big controversy over what Scott Peterson would wear to his hearing. His attorneys, of course, not wanting him to wear the prison jump-suit saying that it could be prejudicial. Give me a sense of why.

NEWSOM: Well, because in every prosecution case across the country, he would be -- any defendant would be made to wear their prison jump-suit or their prison garb. In this case, because it's a high-media profile case, Scott Peterson is being given special treatment because of the potential jury pool out there watching the proceedings.

Prosecution counters with, of course, there is no cameras in the courtroom, so where is the taint or the prejudice. It's an interesting issue, but nevertheless, err on the side of caution, let him go ahead and dress down in civilian clothes.

O'BRIEN: Kimberly Guilfoyle Newsom, joining us this evening from San Francisco. Kimberly, thanks.

NEWSOM: Thanks, Soledad.

O'BRIEN: Still to come this evening, the sons of Princess Diana cry betrayal at the man their mother once called "her rock."

Also tonight, scary stuff in "The Weekender." No, actually, it's more like silly stuff, as "Scary Movie 3" makes its debut. Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: In Britain, the princes have had enough. The two sons of Princess Diana, William and Harry, released a scathing statement today, denouncing their mother's one-time confidant. They call former royal butler Paul Burrell's new book about the princess a quote, "cold and overt betrayal." Gavin Morris has details now from London.

(COMMERCIAL BREAK)

GAVIN MORRIS, CNN CORRESPONDENT (voice-over): Princess Diana's butler had vowed to her sons he would always be faithful.

PAUL BURRELL, FORMER ROYAL BUTLER: I want to shake William firmly by the hand one day and say, I will never betray you or your mother.

MORRIS: But betray he has, according to Prince William. Princess Diana's rock, now a royal rat.

In a tell-all book, serialized in a British tabloid, Paul Burrell has revealed dozens of Diana's private letters. Her relations with other senior royals, her love affairs, her fears she was going to be killed. Now from an outraged Prince William, a statement, also on behalf of his brother. "We cannot believe that Paul, who was entrusted with so much, could abuse his position in such a cold and overt betrayal. It would mortify our mother if she were alive today."

Royal watchers say such a public rebuke from heirs to the throne is stunning.

UNIDENTIFIED FEMALE: It's absolutely unprecedented. And it makes it absolutely clear to the world, as well as to Burrell, that they want him to keep his trap shut.

MORRIS: Far from silencing him, the prince's statement has Burrell speaking out.

BURRELL: I'm convinced that when the princes and everyone else reads this book in its entirety, they will think differently. My only intention in writing this book was to defend the princess and stand in her corner.

MORRIS: Prince William, like everybody else, can buy the book Monday. And this royal row has guaranteed the publisher need not pay for publicity.

Gavin Morris, CNN, London.

(END VIDEOTAPE)

O'BRIEN: Time now for a check of "The Current."

Elvis has left the building for good, eternally, but he is still raking it in. The King reigned supreme on "Forbes" somewhat ghoulish list of top earning dead celebrities. Being dead didn't stop Elvis Inc. from generating $40 million over the past year.

Some people in Pennsylvania want nothing to do with the color orange. Too loud, too gaudy, and the guys from Cleareye (ph) had nothing to do with it. A conservative Amish sect said it shouldn't have to put orange reflective triangles on their buggies because it offends their beliefs. A Pennsylvania appeals court agreed, and now gray is the new orange.

And 50 Cent -- oh excuse me, that's 50 Cent, has a new strategy for selling the new album by his group G-Unit, a chance for bling- bling. Four golden tickets will be placed randomly within the first million copies. Each winner gets a necklace with a diamond-encrusted G-Unit medallion that's worth more than $12,000.

Still to come this evening, "The Weekender" looks at Meg Ryan's latest role, where she sheds her apple pie image, and maybe a little more than that.

And one little restaurant triumphs in New York's cut-throat culinary scene. That story is ahead. Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: In "The Weekender" tonight, Meg Ryan tries not to be cute. R.E.M. is out with a best-of, and the butler's spill-all that we've been talking about tonight, well, finally hits the book stores.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): "A royal duty," the book by Diana's formerly discrete butler, is due out. No, it wasn't actually released this week. After relentless media blitzkrieg, it just felt that way. Also, look for the latest in the Vampire Chronicles from author Ann Rice, "Blood Canticle."

Out on DVD, "The Hulk" brings his mighty green rage to your living room. "Whale Rider," the story of a young girl trying to prove herself to her reluctant grandfather.

A good one for the kids, the sponge who lives in a pineapple under the sea. The complete first season of "Sponge Bob Squarepants." And a good one for parents when the kids go to sleep, the complete fourth season of "The Sopranos."

In music, something for generation X and Y. Gen Xers can look for "In Time," the best of R.E.M. And for today's 20 somethings, "The Strokes" are out with "Room On Fire."

In theaters this weekend, no scary movie is safe from savage spoofing as "Scary Movie 3" debuts. Gus Van Sant reclaims his indy roots with "Elephant," a film loosely based on the Columbine shooting. And Meg Ryan tries to cast aside that cute as a button curse with the erotic thriller "In The Cut."

(END VIDEOTAPE)

O'BRIEN: Joining us now with more on what's out in theaters this weekend, B.J. Sigesmund of "Us Weekly." Hi there, nice to see you.

Let's start with "Scary Movie 3." The first two wildly successful. Let's first watch a clip.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Cindy, it's sweeps month. Ratings mean everything. People want human interest stories. Like the one you did yesterday.

UNIDENTIFIED FEMALE: The report on breast augmentation? It was just ten minutes of topless women. People want hard-hitting stories and in-depth coverage and,...

UNIDENTIFIED MALE: And twins!

(MUSIC)

(END VIDEO CLIP)

O'BRIEN: Are they expected this one to do as well or even better than the first two, which raked in a ton of cash.

B.J. SIGESMUND, "US WEEKLY": Even though the second one wasn't even very good, it was kind of a let-down. This one is actually been written by David Zucker of the "Airplane Series." And the bits that I've seen, I saw 20 minutes of it a couple weeks ago, have been excellent, so funny, especially the Jenny McCarthy/Pamela Anderson bit.

This movie parodies a mile of parodies, "The Others," "The Ring," all of the big Touchstone moments of the last couple of years. And I'm expecting it to do huge business. It's opening on 3,500 screens.

This is a movie that, if you don't see this this weekend, you're never going to bother. Dimension knows that, viewers know that. You got to go right now. It could make $40 million or $50 million.

O'BRIEN: Why do you think the franchise overall does so well? Because, let's be honest, it's a little bit of a dopey idea. You know there is going to be a Scary Movie 10.

SIGESMUND: No, you know what, they are so confident that they already have a 4 in production.

O'BRIEN: I'm predicting Scary Movie 10.

SIGESMUND: I love it. You know, people like to be scared so they go see movies like "The Ring" and "The Others." And they like to laugh at how much they liked being scared so they'll go back to see "Scary Movie 3" to relive those.

And movies like "Eight Mile" are so ripe for parody, you know Eminem -- then there's just so much -- the twins.

O'BRIEN: There's a lot fo work with. SIGESMUND: Yes, there's a lot to work with in our culture. and everyone likes a good laugh.

O'BRIEN: Let's talk about Meg Ryan's new movie, it called "In The Cut." And, wow, a real departure from what she's done before.

SIGESMUND: Right, this is a psychological thriller. With a female tinge. It's directed by a woman, Jane Campion, who directed "The Piano," stars Meg Ryan. And she is exploring new territory in her career. She's into her 40s now, not interested in being cute anymore.

This is a real adult performance. She plays a New York City professor who gets involved. Will is a homicide near her building and she gets involved with the cop played by Mark Ruffalo. And as everyone knows, there's the nudity, there's a couple scenes of nudity, done tastefully, but it's still nudity. Bodies are bodies.

O'BRIEN: Do you think it's going to be a success for her?

SIGESMUND: I think it will be a success in that people will see her in a different light now. In addition to the cute roles she does, they can see her in serious dramas as well.

O'BRIEN: B.J. Sigesmund, as always, thanks.

One other "Weekender" note, one that will warm the heart of anybody who could really use an extra hour of sleep and that is most of us isn't it, daylight savings time ends this weekend. Time to turn the clocks back an hour at 2:00 a.m. on Sunday.

"ZAGAT" restaurant guide serves up a surprise and honors a mom and pop shop in Brooklyn. Cheers to the little restaurant that could.

(COMMERCIAL BREAK)

O'BRIEN: Time now for "The Buzz." We'd asked you if you had conjoined twins, would you risk the life of one to save the other. 93 percent of you said yes, 7 percent of you voted no. Of course this is not a scientific poll. Just a little viewer buzz.

And finally tonight, the story of the little restaurant that could. A tiny neighborhood spot that's been launched into super foodie stardom, all of because of what's been writen in one slim red book. Here is CNN's Jeanne Moos.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): To the ranks of hell load New York restaurants, ranging from La Bernadienne (ph) to Daniel (ph) to Jean Georges (ph) add the Grocery? No, not that kind of grocery. The Grocery. A 30-seat restaurant in brooklyn with a kitchen that's probably smaller than yours.

UNIDENTIFIED MALE: Two scallops, a lamb and a munk fish. MOOS: Even its owners thought there was something fishy when The Grocery was named one of the top 10 restaurants in New York by "Zagat."

UNIDENTIFIED MALE: There's got to be some mistake.

UNIDENTIFIED FEMALE: We didn't get it.

MOOS: Neither did the "New York Times." Though the paper praised the food, it concluded with a baseball analogy, a minor league team could win all their games, but it would still be a minor league team, a great one, but still minor league. To which, Tim Zagat says.

TIM ZAGAT, CO-FOUNDER, ZAGAT SURVEY: Frankly, we never called it a major league except in one respect, the food is fabulous.

MOOS: Diners agree.

UNIDENTIFIED FEMALE: I could eat this food every night.

UNIDENTIFIED MALE: This could hold its head high anywhere.

UNIDENTIFIED FEMALE: It's juicy.

MOOS: Zagat's ratings are based on diner survey's. Now folks are begging at The Grocery's door for reservations. When you try to call, you can't get through. The overwhelmed phone line messed credit card processing.

Averaging 46 bucks, the No. 7 rated Grocery is about half the price of the No. 1 rated La Bernadienne (ph), but unlike La Bernadienne (ph) the Grocery wasn't born with a silver plater.

UNIDENTIFIED MALE: Beets to 2 on 12, please.

UNIDENTIIFIED FEMALE: Hearts (ph) to 1 on 3.

MOOS: I enjoyed the best scallops I've ever eaten.

UNIDENTIFIED FEMALE: Yum.

MOOS: How's the duck.

UNIDENTIFIED FEMALE: It's really, really good.

MOOS: Really, really good.

UNIDENTIFIED FEMALE: Yes.

MOOS: That's 2 reallys?

UNIDENTIFIED FEMALE: Yes.

MOOS: Who needs 4 stars when you've got 2 reallys. Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

O'BRIEN: And that wraps it up for us. "PAULA ZAHN" is next.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Pre-War Iraq>


Aired October 24, 2003 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
SOLEDAD O'BRIEN, HOST (voice-over): The basis for war with Iraq comes under fierce attack. This time from an unlikely source.

Weighing the worth of a life apart. Who should decide to separate conjoined twins?

Hot winds and scorching flames threaten a small desert town in California.

Laci's husband back in court next week. We'll give you a preview of the trial ahead.

William and Harry respond to the reported revelations about their mother. What are they saying?

Weekend box office thrillers: chillers and killers. Movies to watch this weekend.

(END VIDEOTAPE)

ANNOUNCER: Live from the CNN Broadcast Center in New York, this is ANDERSON COOPER 360.

O'BRIEN: Good evening, everybody. I'm Soledad O'Brien in for Anderson Cooper tonight.

We begin with a frightening, threatening California wildfire. Hundreds of homes have been evacuated in suburban Los Angeles as wind gusts of up to 40 miles an hour push a 4,000 acre blaze down from the hills.

CNN's Miguel Marquez has the story in Rancho Cucamonga, California.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): The fire smoldered for three days, then wind breathed life into it, surprising firefighters and homeowners.

UNIDENTIFIED MALE: The fire just came so fast, we were luck enough to have a hose in there and put water on the fire as it was coming. And the houses just got lucky. UNIDENTIFIED FEMALE: The whole skyline, red, orange, like (UNINTELLIGIBLE).

MARQUEZ: Fire officials say thousands of residents of the East Los Angeles suburb of Rancho Cucamonga were forced from their homes. Schools closed, roads shut down as the community of new subdivisions braced for the worst.

UNIDENTIFIED MALE: That fire bridge is probably about 100 yards from the House. It jumped the fence and it's coming.

UNIDENTIFIED MALE: We were standing outside, and all of a sudden, a big gust of wind blew over us. And then it just got really dark.

MARQUEZ: Firefighters were feeling heat of their own. A chopper set down for mechanical problems, but the flames got to it before the mechanics could.

(END VIDEOTAPE)

MARQUEZ: Now those chopper pilots and the crew there were able to get away just fine, even though evacuations now number in the thousands. There is a bit of good news this evening, with a few people let back into their neighborhood because firefighters were able to burn out all of the vegetation around their homes. The other thing we're seeing is that the winds have died down enough to allow fixed wing aircraft to get into the fire there and dump retardant along the fire line -- Soledad.

O'BRIEN: Miguel, are firefighters saying that this fire is similar to other devastating California fires that they've fought before?

MARQUEZ: Certainly similar in many respects. The one thing that -- the similarity and the concern that people have is because that you have that Santa Ana wind now blowing toward the town of Rancho Cucamonga, although it seems to have died down a bit right now. They're expecting it for another couple of days. This close to the town, with as hot as it's been lately, the humidity is very low in the woody vegetation around here, and all of that is a recipe for disaster -- Soledad.

O'BRIEN: Miguel Marquez in Rancho Cucamonga for us this evening. Miguel, thanks.

Word tonight of what's being described as a scathing report on U.S. intelligence. Sources say the Senate Intelligence Committee is getting ready to slam the CIA for guidance it provided before the U.S. invaded Iraq. National security correspondent David Ensor has details for us.

(BEGIN VIDEOTAPE)

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT (voice-over): George Tenet, the head of U.S. Intelligence, finds himself in the hot seat amidst reports the Senate Intelligence Committee is working on what will be a scathing report about U.S. intelligence on Iraq before the war.

UNIDENTIFIED MALE: In some cases, as I've indicated before with the Niger incident, it's sloppy.

STUART COHEN, NATIONAL INTELLIGENCE COUNCIL: It was quickly prepared but certainly not sloppily.

ENSOR: Under fire, U.S. intelligence fired back, granting CNN an exclusive interview with the man who led the team that wrote the document the furor is all about.

UNIDENTIFIED MALE: Does it surprise you then that weapons of mass destruction have not been found?

COHEN: It does not surprise me at all.

ENSOR: Cohen said David Kay, the CIA man in charge of the hunt for Iraqi weapons, needs much more time to search the California-size nation of Iraq.

COHEN: In certain areas, he's barely scratched the surface. And chemical weapons is one area in particular.

ENSOR: Democrats want to broaden the Senate inquiry into what went wrong, holding a hearing that showcased complaints Vice President Cheney may have pressured CIA analysts.

UNIDENTIFIED MALE: Sitting down and debating with junior level analysts and pushing them to find support for something he personally believes that Saddam was trying to acquire uranium, that to me is pressure, and that's intimidation.

COHEN: This is one of the most insidious of allegations that are out there. I am proud of the fact that a vice president will take his time and come out to this agency to talk to analysts.

(END VIDEOTAPE)

O'BRIEN: David Ensor is joining us from Washington, D.C. this evening. David, George Tenet being made the fall guy on all of this, do you think?

ENSOR: Well, there may be some who want to do that. Senior intelligence officials, though, say that of course Tenet serves at the pleasure of the president. And he believes he has the president's pleasure still. He does not think he's on his way out at this point -- Soledad.

O'BRIEN: David Ensor joining us this evening from Washington, D.C. David, thanks.

Time for a quick flashback. This is not the first time that the CIA director has been in hot water over Iraqi intelligence. Remember those 16 words about Iraq trying to buy uranium in Africa? Well, President Bush was criticized last summer for using the information in his State of the Union Address that was inaccurate, let's say.

CIA Director Tenet took the heat for the president, saying he was responsible for his agency's intelligence. He didn't mention quitting then, and the White House continued to back him.

It has been an especially bloody 24 hours in Iraq. Attacks were reported in Baghdad, Mosul, Fallujah and Bacuba (ph). Three American soldiers were killed, 13 injured. Our Jane Arraf is joining us live now with details on that.

Jane, good evening.

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Good evening. Well, it started in Bacuba (ph) when mortars hit a hangar of the 4th Infantry Division, wounding 13 soldiers. Another mortar attack Friday morning in Samara.

Now, that one, mortar rounds fired on a forward operating base. That one killed two American soldiers and wounded four. And another U.S. soldier shot dead as he was guarding a grain silo in Mosul about three hours north of Baghdad.

Now, bloody day as well in Fallujah. That one, no serious casualties reported, but in that city, west of Baghdad, a convoy hit a homemade bomb. A roadside bomb exploded. Some of the residents there seemed overjoyed. They were dancing around the disabled vehicle, chanting praise and stomping on the windshield.

And one thing we don't hear a lot about are Iraqi civilian deaths. And there are quite a lot of them. But among the most tragic appears to be this one.

Now, three members of a family, the mother, father and a 5 year- old girl were killed when an armored personnel carrier crushed their car. This APC appeared to be fleeing a rocket-propelled grenade attack. It veered into their lane of traffic right into their car. Two other children, including a 17 year-old girl, survived.

Back to you.

O'BRIEN: CNN's Jane Arraf joining us this evening with an update from Baghdad. Jane, thanks.

In tonight's "Terror Watch," words of warning. First in Baghdad. The Overseas Security Advisory Council says there is a terrorist plot to bomb a Baghdad hotel frequented by Westerners. The council is an agency created by the U.S. State Department.

It says the attack would target a hotel in Baghdad's Karata (ph) neighborhood and would probably be from a vehicle filled with explosives. While this is not an official State Department warning, a senior official says there are indications of ongoing plans to attack Westerners in Baghdad.

The second warning comes from Britain. It is urging its citizens not to travel to Saudi Arabia unless they absolutely have to. The foreign office says it believes terrorists may be in the final phases of planning attacks in the kingdom. No other details. Just yesterday, Australia issued similar warnings.

Let's take a quick trip "Cross Country" right now.

First, a look at something happening all across the country: a geomagnetic solar storm. It's hit the Earth after traveling at two million miles an hour. There is some interference with airline communications and satellite telephones, but no widespread problems. Astronomers say tonight you might be able to see the Arora Borealis, or the northern lights, as far south as Illinois.

Charleston, South Carolina: justice delayed. Military prosecutors ask a judge for a delay in the prosecution of a Muslim chaplain who was working at Guantanamo Bay. And according to the chaplain's lawyer, it's because the prosecutors are overworked.

Captain James Yee is in solitary confinement in a Navy brig. He was supposed to have a hearing by December 10.

Mineola, New York: lawsuits coming. Attorneys representing three teenagers allegedly the victims of sexual assault at a football camp this summer have filed notice that they plan to sue the school district. There are criminal charges pending against the teen's assailants, including kidnapping and sexual assault.

New York City: mistrial. A judge declares one in the trial of investment banker Frank Quattrone, who was charged with obstruction and witness tampering. The prosecution and defense will meet in November to figure out if there will be a second trial.

Miami, Florida: bowing out. Pat Riley (ph), the second winningest (ph) head coach in NBA history is stepping down as the Miami Heat's head coach after posting his worst record ever last year. He'll remain as team president.

And that is a look at some of the stories "Cross Country" tonight.

The desperate race against time and rising water. Dozens of miners trapped underground. We're going to take you to the site of the rescue mission.

Plus, Scott Peterson. Find out why his lawyers want DNA evidence kept out of court.

And then later, fact, fiction and fantasy. A high school freshman faces expulsion over her personal diary. Has the school gone too far? We'll take a closer look.

But first, let's take a look "Inside the Box" at the top story on tonight's network newscasts.

(COMMERCIAL BREAK)

O'BRIEN: One year to the day, John Allen Muhammad and Lee Boyd Malvo were arrested in connection with the Washington area snipings. Muhammad's murder trial continued in Virginia Beach, Virginia. Jeanne Meserve reports on today's attempt by prosecutors to link Muhammad to shootings before the Washington area sniper spree.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): The slaying of a South Korean immigrant outside a Baton Rouge, Louisiana beauty supply store; another shooting prosecutors are attempting to link to John Muhammad. In court Friday, the sister of Hong In Balinger (ph) broke down when asked to look at a photo of the scene.

But it was the use of autopsy photos that raised the ire of Muhammad's attorneys, who said they were unnecessary and prejudicial. Family members were asked if the use of photos of relatives alive and dead was difficult.

UNIDENTIFIED FEMALE: The photograph of her being alive, that was mine. That was what she'd given me anyway. And the other one, yes, yes.

MESERVE: In other testimony, Montgomery, Alabama police officer James Graboy (ph) said he felt, "sick in the pit of my stomach" when he saw a photo of Lee Malvo on television and realized he was the person he'd almost caught after a chase from a liquor store shooting scene a month before. Two women were struck in that incident, one fatally.

A medical examiner said their wounds were consistent with a high velocity rifle, the Bushmaster, prosecutors say. But it was a 22 caliber handgun that was later recovered near the scene. That handgun, prosecutors say, has been linked ballistically with two earlier shootings. Witnesses have placed Malvo at both. Prosecutors are expected to contend that the presence of two weapons in Montgomery establishes that John Muhammad was there with Malvo.

(on camera): More emotional testimony lies ahead as prosecutors begin laying out the evidence in the Washington area sniper shootings next week.

Jeanne Meserve, CNN, Virginia Beach, Virginia.

(END VIDEOTAPE)

O'BRIEN: Now for some other news around the world. Let's check the "UpLink."

Madrid, Spain: donors' conference. The Bush administration says it is extremely pleased with the money pledged for rebuilding Iraq. A senior official says the funds exceed expectations. Still, the final figure falls well short of the $56 billion needed to get the job done.

London: Heathrow Airport the end of an aviation era. The Concorde, the world's only supersonic airliner, is retiring after 27 years of flight, grounded by lack of business. The droop-nosed SST made its final transatlantic flight, New York to London, in about three hours. On schedule.

Southern Russia: frantic rescue effort under way. They're trying to reach close to four dozen miners trapped in a flooded coal mine for more than 24 hours. CNN's Ryan Chilcote has been following this story.

(BEGIN VIDEOTAPE)

RYAN CHILCOTE, CNN CORRESPONDENT (voice-over): It is difficult to imagine a more complex rescue operation where man and machine are so squarely pitted against the forces of nature. Bulldozers here move earth and concrete round the clock, fill a shaft from which water has been flooding other parts of the mine since Thursday. Meanwhile, workers measured the distance left to go.

(on camera): But this is the simplest part of the operation, football fields beneath me. Teams of engineers are frantically digging tunnels in a desperate effort to reach the miners trapped below.

(voice-over): Quietly, families await information on their loved ones. But it could take days before there is any real news.

UNIDENTIFIED MALE (through translator): I believe it will take about two days to drill a tunnel into this mine where we think the trapped miners are.

UNIDENTIFIED MALE (through translator) Everything that is possible is being done. We have doubled our efforts. You can see it for yourselves. We hope to rescue our people alive.

CHILCOTE: Without any communication with the miners, though, it is impossible to know if they're even still alive or how much air they may still have down there.

Ryan Chilcote, CNN, Russia.

(END VIDEOTAPE)

O'BRIEN: Separation surgery for conjoined twins. The price is high, the risks even higher. Are doctors going too far? We'll take a closer look at the ethical dilemma.

Also tonight, royal battle. Princes Harry and William fight back in defense of their mother. Find out what's going on behind the scenes.

And a little later, hold on to your seats. A very funny scary movie. A look at that and all of the hot picks this weekend.

But first, we want to hear from you. Send your instant feedback to cnn.com/360. Log on right now.

(COMMERCIAL BREAK)

O'BRIEN: Now on to our weeklong look at conjoined twins. The media often portrays stories of separating twins as a great triumph over adversity, but there is less attention to the brutal choices that parents and doctors often face. Do you risk surgery, giving life to one, even if it means the other one will die? Is it right to separate otherwise healthy twins and risk losing them in the process?

Two of many questions that have no easy answers. Here is Dr. Sanjay Gupta.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice-over): The separation of twins conjoined at the head generally does not turn out favorably for one or both of them. Recently, we witnessed the death of the Bijani twins in Singapore. The two Marias survived, but Maria Teresa has been devastated neurologically. She is vision impaired and deaf.

They are not alone. Statistically, the survival rate is 50 percent for one or both twins and close to zero for both living independent normal lives. And so while the stories of these twins have taken on an almost mystical fascination in the media, tough ethical questions are being asked in the medical community.

Is it appropriate to perform such dangerous operations that some consider elective? After all, the Bijani twins were not at risk of losing their lives. And if other conjoined twins are able to develop normally, is it really worth the risk of death or significant neurological complications?

Also, many are concerned about the $2 million-plus price tag, usually not paid for by the family. Could that money be better spent on vaccinations or preventative measures that could save more lives? Many argue the cost of science moving forward is sometimes paid in dollars and lives.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

O'BRIEN: We've seen the ethical struggles play out in dramatic ways, especially in the case of the Bijani twins. Adults, otherwise healthy, who decided themselves to risk separation and then died as a result.

We're joined this evening by a neurosurgeon who was part of the Bijani team, Dr. Ben Carson. He joins us from Virginia Beach this evening. Also, bioethicist Glen McGee. He is the author of "Beyond Genetics: Putting the Power of DNA to Work in Your Life." And he joins us from Montreal this evening.

Gentlemen, good evening. Thanks for joining us.

Dr. Carson, let's begin with you. Several other doctors refused to operate on the Bijani twins, turned down their request to be separated. Why did you feel and your team feel this was an appropriate thing to do? DR. BEN CARSON, NEUROSURGEON, JOHNS HOPKINS: Well, this was probably the first case in which there was truly informed consent. There was a very large ethics team that was convened which consisted of people from many different walks of life, many different religious backgrounds. And it was made clear to them that, unless that ethics committee came to a unanimous decision that surgery should go forth, that it would not.

So this was something that was all arranged through the Singapore team. I personally was not enthusiastic about the surgery, but it became clear that it was going to happen anyway. So I felt strongly that I needed to at least lend whatever assistance I could at that time. But you know, I think all of the appropriate things were done in terms of informed consent.

O'BRIEN: Mr. McGee, when you see these two women who were so incredibly accomplished, even despite the fact they were conjoined, and they so desperately clearly wanted to be apart to the point that they were willing to risk their lives, doesn't that speak volumes about their existence as conjoined twins, that life for them was not worth living in the state that they were living?

GLEN MCGEE, AUTHOR, "BEYOND GENETICS": I think there is no question that you have to take into consideration, as Dr. Carson said, the wishes of patients involved, where you've got medical care to provide. If a pair of conjoined twins could be successfully separated as adults, if there were a medical procedure that we could offer them that would allow them to end that suffering so that in this case one of the twins could go on to law school, then proceeding with an informed consent session that involved 100 people would be a great idea.

You wouldn't really need to have as sophisticated a procedure for informed consent as they had. The key feature though is that you have to have something to offer them. And the bottom line here is that informed consent doesn't matter if what you're offering them is frankly unethical.

It was clearly irresponsible to proceed with this surgery. And the fact that the twins agreed to take on those risks strikes me as evidence that they were not competent to make those medical decisions.

O'BRIEN: Forgive me for interrupting you there, but you have two women who, again, everyone would admit are incredibly accomplished. How could you say what was being offered to them they weren't clear about the risks they were undertaking? They clearly were willing to risk their lives to live separate lives. They wanted it that badly.

MCGEE: It first should be said -- I mean, Dr. Carson and I talked about this before, and Dr. Carson was there and I was not. I didn't witness any of this informed consent. I've been told, of course, that it all took place in languages other than English.

The best translations we have, (UNINTELLIGIBLE) and others have told us that there was an enormous amount of pressure on one twin from the other. And that that pressure was part of the reason why a number of transplant centers, even if they thought they could have succeeded -- which no one thought they could, from a medical standpoint - wouldn't have proceeded.

This is a very special kind of case because these people are conjoined. I mean, that is the desire to be separated, if it's truly shared, is one thing. But if there is any kind of pressure, it would be very different than, for example, if my brother. who isn't connected to me, wanted to have my kidney or wanted me to volunteer to give bone marrow.

O'BRIEN: Dr. Carson, where do you draw the line? There certainly are occasions, I'm certain -- and I'll give you a facetious example. If someone comes in and says, my allergies are so terrible, please, cut off my nose, I can't take it anymore, obviously as a doctor you'd say, well, that's ridiculous, no. If someone comes to you and says, I want to be separated, and you know the extreme risks, when do you say, no, I just will not do it. Morally it's wrong.

CARSON: Well, you know you have to kind of look at this in a historical perspective. If you go back and you look at many difficult types of surgical procedures, and you go back to the beginning of the time when they were being done, many people said, that's ridiculous, you can't do that. And if we had stopped at that point, there are many things that we can do now that we would not be able to do.

So in a case like this, we are pushing the envelope. This is the very edge of technology and knowledge. And if we stop there and we say, we can't go any further, then we definitely won't. And I think when people try to make judgments for these young ladies, you have to really have spent some time in their shoes.

And when I first met them, I was deeply touched by the degree of depression that they suffered from. And unless you have actually spent time connected to somebody 24-7, every decision being a joint decision, even when they go to the bathroom, it can be the person that you like the most in the whole world, but if you cannot get away from them for one second, I think you might have some different reactions.

O'BRIEN: That will be our final word this evening. Dr. Ben Carson, nice to have you. Thanks for joining us.

Also, Glen McGee. Appreciate your time this evening, gentlemen. Thank you.

Of course, we want to know what you think of this story. Our buzz question is this tonight: If you had conjoined twins, would you risk the life of one to save the other? You can vote now: cnn.com/360.

Coming up on 360, the place where Scott Peterson spent his 31st birthday. In court. We're going to talk with 360 legal analyst Kimberly Guilfoyle Newsom just ahead.

It's a battle between the princes and the butler. Harry and William lash out at what they see as the butler's betrayal of their mother. And the Weekender looks at the movie that has the Hollywood hit makers running scared: the horror spoof "Scary Movie 3."

Plus, the latest on those California wildfires. There is a live look right now. Stay with us, everybody. We're back in a moment.

(COMMERCIAL BREAK)

O'BRIEN: Now for some of tonight's top stories in our "Reset."

Rancho Cucamonga, California. Live shot there. You're looking at the threatening flames, the fast-moving so-called Grand Prix Fire threatening homes in suburban Los Angeles. At least 2,000 have people been evacuated and others are other being warned to get ready to flee if necessary.

Fort Stewart, Georgia. Army inspection. With senators complaining that sick and injured troops are being housed in unacceptable conditions at a Georgia military base. A top Pentagon official is going to take a firsthand look. Army Secretary Les Brownlee plans to visit Fort Stewart tomorrow.

Little Rock, Arkansas. Wal-Mart aftermath. Wal-mart promising to investigate its entire work force and fire any illegal immigrants. Immigration officials arrested early 250 suspected illegal immigrants at Wal-Mart Stores yesterday. A top Democrat criticized the arrest. Hour Minority Leader Nancy Pelosi says they terrorize people who are just trying to earn a living.

Washington, D.C. Hold the diapers. The Census Bureau says more women are putting off motherhood. According to a survey taken last year, about 44 percent of all American women between the ages 15 and 44 are childless. That works out to 26.7 million women, a number believed to be a record.

And that is our "Reset."

In Atlanta's suburb of Roswell, a student is expelled for a fictional story in her diary that seemed too real for school officials.

Gary Tuchman has that story.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): The trouble started after Rachel Boim wrote a story in her private diary.

RACHEL BOIM, HIGH SCHOOL STUDENT: It was just about a girl who shoots her math teacher. And she dreams the whole thing. She wakes up at the end of class and when the bell rings and gets up her stuff and leaves.

TUCHMAN: The 14 year-old's notebook was confiscated by a security officer at the Roswell High School in suburban Atlanta after she was passing it in class. She was temporarily suspended from school.

R. BOIM: I really didn't mean any harm by writing the story and I didn't want to scare anybody or make anybody feel threatened.

TUCHMAN: But two weeks later, a school system tribunal decided to expel her from the school.

CATHY COCHRAN, FULTON CO., GA. SCHOOL SYSTEM: In this day and time, everything is taken seriously that can be even perceived as a threat to that safety and security.

TUCHMAN: Many school systems now have zero tolerance policies as a result of school shootings like the one at Colorado's Columbine High School in 1999.

But Rachel Boim says she is merely a creative writer. Her parents even set up a writing room, where she pens her poems and stories.

(on camera): But the fact that they expelled you, can you understand that?

R. BOIM: No. I think that was a definite overreaction.

TUCHMAN (voice-over): And perhaps the school system now thinks so too. On Friday, an announcement -- that for the time being, that Rachel Boim can return to her school.

COCHRAN: And then there will be an appeals process to our board of education.

TUCHMAN: The freshman says she still might write something about this again, but...

R. BOIM: It's not something I would bring to school.

TUCHMAN: Gary Tuchman, CNN, Roswell, Georgia.

(END VIDEOTAPE)

O'BRIEN: Earlier today, I spoke with Rachel and her father, David Boim, and I started by getting Rachel's reaction to the school now rescinding -- at least for now -- her expulsion.

(BEGIN VIDEOTAPE)

R. BOIM: I am not really sure what to think about it. I mean, if it's, like, that they really want me back in the school or if it's just that the media has gotten involved and they don't want the media involved.

O'BRIEN: David, obviously you guys have been now embroiled in this controversy with the school. Can you understand the school's perspective, a teacher takes that, reads that says, Oh, my goodness, this sounds to me like a kid who is planning on shooting up our school? DAVID BOIM, RACHEL BOIM'S FATHER: The school administrators live in a what-if world. So I can understand them being concerned and calling us in and having a discussion. But what -- everything that transpired beyond that is almost surreal. The fact that her teacher took the book because it might have been a distraction in class, that's great. The fact that the journal was not returned and he actually read the journal -- that's very, very disturbing to me. And she was expelled for inappropriate writings.

What is appropriate writing? What is not appropriate writing? What is an appropriate thought? What is not an appropriate thought? where does that erosion of civil liberties and our rights as American citizens -- where does that begin and where does that end? That -- those are very troubling issues. And I made it very clear to them from the very beginning that those were my concerns.

O'BRIEN: The school might say in return, as you say, We live in a what-if world. And what if we did not act upon a story that's clearly violent? What if we did not do anything and the next day something horrible had happened? Wouldn't we be to blame?

D. BOIM: And I agree with that perspective. I agree that once the story was no longer part or privy to a private journal, for them to be concerned and have us come in and have discussions. That's great.

But at that point, common sense ended. They didn't go in and look at Rachel's record. They didn't get a statement from record -- for the record. They did not get statements from my wife or myself. They just literally took this story and said, This is the fact. This is the evidence. And suspended her for 10 days and then later expelled her.

O'BRIEN: Rachel, I'm going to ask you the final question today. I know that you grew up fairly close -- or went to school fairly close to where the Columbine shooting happened. Did that play a big role in the stories that you write?

R. BOIM: Well, I think it's just the fact that I've been exposed to violence that really made me write this story. I wasn't thinking of Columbine when I wrote this story. It's just the fact that there are school shootings now. And it is really scary. And it just seemed like a good line for a story.

O'BRIEN: All right. Rachel Boim and David Boim, thanks for joining us. I certainly appreciate your time.

R. BOIM: No problem.

D. BOIM: Thank you.

(END VIDEOTAPE)

O'BRIEN: We called school officials to invite them to tell us their side of the story. They did not return our calls this evening. The judge in the trial of accused murderer Scott Peterson has agreed to another delay in his preliminary hearing. But this time it is only for 24 hours.

CNN's Rusty Dornin brings us up to date on what's going to happen next.

(BEGIN VIDEOTAPE)

RUSTY DORNIN, CNN CORRESPONDENT (voice-over): The preliminary hearing will be another day late. Scheduled for next Tuesday, it will now be on Wednesday. The judge wants to hear arguments before the hearing about the hair found on pliers in the bottom of Scott's boat. The prosecution maintains it matches hair from Laci Peterson's brush. The defense says it involves mitochondrial DNA testing, a type of DNA testing, they say, is an unaccepted novel scientific technique, and therefore, it should not be admissible.

The defense today handed over its witness list to prosecutors in court. On that list? Police officers and the judge who approved the wiretaps of Scott Peterson's phones. Amber Frey, Peterson's former girlfriend, is still expected to be the prosecution's star witness, but no confirmation of that in court.

Outside the courtroom, Scott Peterson's brother John told reporters Scott's family is anxious for the preliminary hearing to begin.

JOHN PETERSON, SCOTT PETERSON'S BROTHER: We look forward to an opportunity for us to show -- for them to show us their cards and see what they think Scott did.

DORNIN (on camera): Scott Peterson turned 31 today. The sheriff's department says he will be given no special treatment.

Rusty Dornin, CNN, Modesto, California.

(END VIDEOTAPE)

O'BRIEN: So next week will be a big one in the Peterson case. The prosecution has its first chance to present what it believes really happened to Laci Peterson and her unborn son.

With us from San Francisco tonight is 360 legal analyst Kimberly Guilfoyle Newsom.

Kimberly, good evening. Nice to have you. Thanks for joining us.

KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: Thanks, Soledad.

O'BRIEN: So the witness list is out. Who do you think is the big threat to the prosecution at this point?

NEWSOM: Well, I won't expect to see any surprises from the defense. This is their chance to really pick apart the prosecution's case through careful cross examination.

What I have been impressed with is what Mark Geragos is doing in terms of the pre-preliminary hearing motions to try and exclude evidence. What it appears is that the prosecution is going all-out trying to pull together a case here against Scott. This is the fourth time the case has been continued, and they haven't seemed that upset about it because they're still basically searching, looking for evidence. They're trying to introduce dog-tracking evidence, GPS, hypnotizing witnesses. So Mark is going to attack all of that vigorously. And that's what I expect to see in this preliminary hearing.

O'BRIEN: The parents of Laci Peterson and Scott Peterson will be attending the hearing. Now couldn't that be a problem if they're actually going to be witnesses later on in the case?

NEWSOM: Absolutely. Ordinarily, during a preliminary hearing, there is a motion to exclude made by both sides. Any potential witnesses, percipient or not, to any of the events, alibi witnesses, et cetera. And they should be excluded so their testimony is not tainted by evidence they hear in court.

But both sides have agreed to allow them to be present. But if some issues come up where they feel that maybe the Petersons would be a witness and information that they would testify to would basically be brought out in court, then there is grounds for the prosecution to have them excluded. Keep in mind, they have said things about when Scott was down in San Diego, et cetera, and provided basically testimony on his behalf that could come up at trial.

O'BRIEN: Big controversy over what Scott Peterson would wear to his hearing. His attorneys, of course, not wanting him to wear the prison jump-suit saying that it could be prejudicial. Give me a sense of why.

NEWSOM: Well, because in every prosecution case across the country, he would be -- any defendant would be made to wear their prison jump-suit or their prison garb. In this case, because it's a high-media profile case, Scott Peterson is being given special treatment because of the potential jury pool out there watching the proceedings.

Prosecution counters with, of course, there is no cameras in the courtroom, so where is the taint or the prejudice. It's an interesting issue, but nevertheless, err on the side of caution, let him go ahead and dress down in civilian clothes.

O'BRIEN: Kimberly Guilfoyle Newsom, joining us this evening from San Francisco. Kimberly, thanks.

NEWSOM: Thanks, Soledad.

O'BRIEN: Still to come this evening, the sons of Princess Diana cry betrayal at the man their mother once called "her rock."

Also tonight, scary stuff in "The Weekender." No, actually, it's more like silly stuff, as "Scary Movie 3" makes its debut. Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: In Britain, the princes have had enough. The two sons of Princess Diana, William and Harry, released a scathing statement today, denouncing their mother's one-time confidant. They call former royal butler Paul Burrell's new book about the princess a quote, "cold and overt betrayal." Gavin Morris has details now from London.

(COMMERCIAL BREAK)

GAVIN MORRIS, CNN CORRESPONDENT (voice-over): Princess Diana's butler had vowed to her sons he would always be faithful.

PAUL BURRELL, FORMER ROYAL BUTLER: I want to shake William firmly by the hand one day and say, I will never betray you or your mother.

MORRIS: But betray he has, according to Prince William. Princess Diana's rock, now a royal rat.

In a tell-all book, serialized in a British tabloid, Paul Burrell has revealed dozens of Diana's private letters. Her relations with other senior royals, her love affairs, her fears she was going to be killed. Now from an outraged Prince William, a statement, also on behalf of his brother. "We cannot believe that Paul, who was entrusted with so much, could abuse his position in such a cold and overt betrayal. It would mortify our mother if she were alive today."

Royal watchers say such a public rebuke from heirs to the throne is stunning.

UNIDENTIFIED FEMALE: It's absolutely unprecedented. And it makes it absolutely clear to the world, as well as to Burrell, that they want him to keep his trap shut.

MORRIS: Far from silencing him, the prince's statement has Burrell speaking out.

BURRELL: I'm convinced that when the princes and everyone else reads this book in its entirety, they will think differently. My only intention in writing this book was to defend the princess and stand in her corner.

MORRIS: Prince William, like everybody else, can buy the book Monday. And this royal row has guaranteed the publisher need not pay for publicity.

Gavin Morris, CNN, London.

(END VIDEOTAPE)

O'BRIEN: Time now for a check of "The Current."

Elvis has left the building for good, eternally, but he is still raking it in. The King reigned supreme on "Forbes" somewhat ghoulish list of top earning dead celebrities. Being dead didn't stop Elvis Inc. from generating $40 million over the past year.

Some people in Pennsylvania want nothing to do with the color orange. Too loud, too gaudy, and the guys from Cleareye (ph) had nothing to do with it. A conservative Amish sect said it shouldn't have to put orange reflective triangles on their buggies because it offends their beliefs. A Pennsylvania appeals court agreed, and now gray is the new orange.

And 50 Cent -- oh excuse me, that's 50 Cent, has a new strategy for selling the new album by his group G-Unit, a chance for bling- bling. Four golden tickets will be placed randomly within the first million copies. Each winner gets a necklace with a diamond-encrusted G-Unit medallion that's worth more than $12,000.

Still to come this evening, "The Weekender" looks at Meg Ryan's latest role, where she sheds her apple pie image, and maybe a little more than that.

And one little restaurant triumphs in New York's cut-throat culinary scene. That story is ahead. Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: In "The Weekender" tonight, Meg Ryan tries not to be cute. R.E.M. is out with a best-of, and the butler's spill-all that we've been talking about tonight, well, finally hits the book stores.

(BEGIN VIDEOTAPE)

O'BRIEN (voice-over): "A royal duty," the book by Diana's formerly discrete butler, is due out. No, it wasn't actually released this week. After relentless media blitzkrieg, it just felt that way. Also, look for the latest in the Vampire Chronicles from author Ann Rice, "Blood Canticle."

Out on DVD, "The Hulk" brings his mighty green rage to your living room. "Whale Rider," the story of a young girl trying to prove herself to her reluctant grandfather.

A good one for the kids, the sponge who lives in a pineapple under the sea. The complete first season of "Sponge Bob Squarepants." And a good one for parents when the kids go to sleep, the complete fourth season of "The Sopranos."

In music, something for generation X and Y. Gen Xers can look for "In Time," the best of R.E.M. And for today's 20 somethings, "The Strokes" are out with "Room On Fire."

In theaters this weekend, no scary movie is safe from savage spoofing as "Scary Movie 3" debuts. Gus Van Sant reclaims his indy roots with "Elephant," a film loosely based on the Columbine shooting. And Meg Ryan tries to cast aside that cute as a button curse with the erotic thriller "In The Cut."

(END VIDEOTAPE)

O'BRIEN: Joining us now with more on what's out in theaters this weekend, B.J. Sigesmund of "Us Weekly." Hi there, nice to see you.

Let's start with "Scary Movie 3." The first two wildly successful. Let's first watch a clip.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Cindy, it's sweeps month. Ratings mean everything. People want human interest stories. Like the one you did yesterday.

UNIDENTIFIED FEMALE: The report on breast augmentation? It was just ten minutes of topless women. People want hard-hitting stories and in-depth coverage and,...

UNIDENTIFIED MALE: And twins!

(MUSIC)

(END VIDEO CLIP)

O'BRIEN: Are they expected this one to do as well or even better than the first two, which raked in a ton of cash.

B.J. SIGESMUND, "US WEEKLY": Even though the second one wasn't even very good, it was kind of a let-down. This one is actually been written by David Zucker of the "Airplane Series." And the bits that I've seen, I saw 20 minutes of it a couple weeks ago, have been excellent, so funny, especially the Jenny McCarthy/Pamela Anderson bit.

This movie parodies a mile of parodies, "The Others," "The Ring," all of the big Touchstone moments of the last couple of years. And I'm expecting it to do huge business. It's opening on 3,500 screens.

This is a movie that, if you don't see this this weekend, you're never going to bother. Dimension knows that, viewers know that. You got to go right now. It could make $40 million or $50 million.

O'BRIEN: Why do you think the franchise overall does so well? Because, let's be honest, it's a little bit of a dopey idea. You know there is going to be a Scary Movie 10.

SIGESMUND: No, you know what, they are so confident that they already have a 4 in production.

O'BRIEN: I'm predicting Scary Movie 10.

SIGESMUND: I love it. You know, people like to be scared so they go see movies like "The Ring" and "The Others." And they like to laugh at how much they liked being scared so they'll go back to see "Scary Movie 3" to relive those.

And movies like "Eight Mile" are so ripe for parody, you know Eminem -- then there's just so much -- the twins.

O'BRIEN: There's a lot fo work with. SIGESMUND: Yes, there's a lot to work with in our culture. and everyone likes a good laugh.

O'BRIEN: Let's talk about Meg Ryan's new movie, it called "In The Cut." And, wow, a real departure from what she's done before.

SIGESMUND: Right, this is a psychological thriller. With a female tinge. It's directed by a woman, Jane Campion, who directed "The Piano," stars Meg Ryan. And she is exploring new territory in her career. She's into her 40s now, not interested in being cute anymore.

This is a real adult performance. She plays a New York City professor who gets involved. Will is a homicide near her building and she gets involved with the cop played by Mark Ruffalo. And as everyone knows, there's the nudity, there's a couple scenes of nudity, done tastefully, but it's still nudity. Bodies are bodies.

O'BRIEN: Do you think it's going to be a success for her?

SIGESMUND: I think it will be a success in that people will see her in a different light now. In addition to the cute roles she does, they can see her in serious dramas as well.

O'BRIEN: B.J. Sigesmund, as always, thanks.

One other "Weekender" note, one that will warm the heart of anybody who could really use an extra hour of sleep and that is most of us isn't it, daylight savings time ends this weekend. Time to turn the clocks back an hour at 2:00 a.m. on Sunday.

"ZAGAT" restaurant guide serves up a surprise and honors a mom and pop shop in Brooklyn. Cheers to the little restaurant that could.

(COMMERCIAL BREAK)

O'BRIEN: Time now for "The Buzz." We'd asked you if you had conjoined twins, would you risk the life of one to save the other. 93 percent of you said yes, 7 percent of you voted no. Of course this is not a scientific poll. Just a little viewer buzz.

And finally tonight, the story of the little restaurant that could. A tiny neighborhood spot that's been launched into super foodie stardom, all of because of what's been writen in one slim red book. Here is CNN's Jeanne Moos.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): To the ranks of hell load New York restaurants, ranging from La Bernadienne (ph) to Daniel (ph) to Jean Georges (ph) add the Grocery? No, not that kind of grocery. The Grocery. A 30-seat restaurant in brooklyn with a kitchen that's probably smaller than yours.

UNIDENTIFIED MALE: Two scallops, a lamb and a munk fish. MOOS: Even its owners thought there was something fishy when The Grocery was named one of the top 10 restaurants in New York by "Zagat."

UNIDENTIFIED MALE: There's got to be some mistake.

UNIDENTIFIED FEMALE: We didn't get it.

MOOS: Neither did the "New York Times." Though the paper praised the food, it concluded with a baseball analogy, a minor league team could win all their games, but it would still be a minor league team, a great one, but still minor league. To which, Tim Zagat says.

TIM ZAGAT, CO-FOUNDER, ZAGAT SURVEY: Frankly, we never called it a major league except in one respect, the food is fabulous.

MOOS: Diners agree.

UNIDENTIFIED FEMALE: I could eat this food every night.

UNIDENTIFIED MALE: This could hold its head high anywhere.

UNIDENTIFIED FEMALE: It's juicy.

MOOS: Zagat's ratings are based on diner survey's. Now folks are begging at The Grocery's door for reservations. When you try to call, you can't get through. The overwhelmed phone line messed credit card processing.

Averaging 46 bucks, the No. 7 rated Grocery is about half the price of the No. 1 rated La Bernadienne (ph), but unlike La Bernadienne (ph) the Grocery wasn't born with a silver plater.

UNIDENTIFIED MALE: Beets to 2 on 12, please.

UNIDENTIIFIED FEMALE: Hearts (ph) to 1 on 3.

MOOS: I enjoyed the best scallops I've ever eaten.

UNIDENTIFIED FEMALE: Yum.

MOOS: How's the duck.

UNIDENTIFIED FEMALE: It's really, really good.

MOOS: Really, really good.

UNIDENTIFIED FEMALE: Yes.

MOOS: That's 2 reallys?

UNIDENTIFIED FEMALE: Yes.

MOOS: Who needs 4 stars when you've got 2 reallys. Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

O'BRIEN: And that wraps it up for us. "PAULA ZAHN" is next.

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