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Anderson Cooper 360 Degrees

Independent Counsel Appointed for Leak Investigation; Beefing Up Security for New Year's; Ephedra Banned by FDA

Aired December 30, 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)
ANDERSON COOPER, HOST: Protecting New Year's Eve celebrations, a prime terrorist target.

The government outlaws a diet supplement, but you may have already used it.

Michael Jackson and the Nation of Islam? Who's pulling the pop star's strings?

A desperate woman, a gruesome crime. Killing a mother to steal her unborn child.

What's it like to be buried alive? Find out from one Utah avalanche survivor.

And, desperately needed TLC for a couple of California cats.

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

(END VIDEOTAPE)

COOPER: Good evening. Welcome to 360. A lot going on tonight.

We begin with our top story, a dramatic announcement out of Washington. Attorney General John Ashcroft is removing himself from the investigation into the outing of a CIA operative.

CNN's justice correspondent Kelli Arena has the latest.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): Attorney General John Ashcroft won't be overseeing the investigation into who leaked the name of Valerie Plame, a former undercover CIA operative.

JAMES COMEY, DEPUTY ATTORNEY GENERAL: It's just that we reached a point in the investigation where the attorney general and I thought it was appropriate to make the judgment that's been made.

ARENA: Instead, out of a, quote, "abundance of caution," justice officials say the investigation will be led by a special prosecutor, Patrick Fitzgerald, the U.S. attorney out of Chicago. COMEY: We thought it prudent to have the matter handled by someone who is not in regular contact with the agencies and entities affected by this investigation.

ARENA: Plame is married to former Ambassador Joe Wilson. He and several Democrats have charged the attorney general was too chummy with the White House to conduct an impartial probe.

SEN. CHARLES SCHUMER (D), NEW YORK: It gives me some faith that we will get to the bottom of this dastardly act and prosecute the people who did it.

ARENA: Wilson, who praised this latest decision, alleged the Bush administration last July leaked his wife's name to a newspaper columnist to retaliate against him. He was very vocal in saying the administration exaggerated Iraq's nuclear capabilities heading into the war.

JOE WILSON, FORMER AMBASSADOR: The crime that was committed was a crime that was committed against the country.

ARENA: While most leak investigations are closed without any resolution, the deputy attorney general says this probe is moving along at a fast pace.

(END VIDEOTAPE)

ARENA: Sources say that a fourth prosecutor was recently added to the investigation team, and that a grand jury may be impaneled to take testimony -- Anderson.

COOPER: It seems to me this announcement was kind of buried. Was there any reaction from the White House?

ARENA: Well, first you should know, Anderson, that justice officials said the White House wasn't consulted before the decision was made.

And after being told, the president said he had every confidence that this investigation would be handled professionally, but he did urge justice to move quickly to finish this whole thing up.

COOPER: All right. Kelli Arena on the story tonight. Thanks, Kelli.

You've probably made plans for New Year's Eve. Law enforcement agencies have, as well.

They say security has been ramped up in an unprecedented way. At celebrations in cities across the country, test of thousands of police officers will be walking the streets while helicopters will monitor the situation from the skies.

Jason Carroll is live in Times Square with the latest.

(BEGIN VIDEOTAPE) JASON CARROLL, CNN CORRESPONDENT (voice-over): A favorable weather forecast and an increase in the number of tourists in New York City, could mean record turnout for the annual Times Square celebration.

MAYOR MICHAEL BLOOMBERG, NEW YORK CITY: I'm going to be there. I'm going to be safe, and so are you.

CARROLL: Police will use magnetometers to search bags and backpacks of everyone entering the area. Anti-terrorism helicopters will be patrolling the skies.

On the ground, police will deploy radiation detectors in sensitive areas. Officers will monitor landmarks and transportation sites.

Homeland Security Secretary Tom Ridge says look for increased security measures nationwide.

TOM RIDGE, HOMELAND SECURITY SECRETARY: Right now, we think that the level of threat is appropriately at orange, and we have ramped up in an unprecedented way levels of security around the country. And I think you're going to see it remain there through the balance of the week.

CARROLL: In Los Angeles, the Pasadena Police Department stepped up its efforts in preparation for the Rose Bowl, while in Boston, the focus is on another celebration. Authorities will be removing or welding shut trash cans for First Night.

During the holiday, much is suspect. Law enforcement officials tell CNN, in New Jersey, police were directed to randomly check I.D.'s of EMS workers.

While there have been no specific threats, New Jersey officials want to make sure emergency vehicles are accounted for, and not used to carry out a terrorist attack.

(END VIDEOTAPE)

CARROLL: Law enforcement sources also tell us that many of the security measures being put into place are ones that won't be obvious to the public, such as undercover officers that will be operating right here in Times Square -- Anderson.

COOPER: All right. Jason Carroll in Times Square. Thanks, Jason.

We want to hear from you on this story. Today's "Buzz" question is this: "Do you think the terrorist threat has been exaggerated?" Vote now CNN.com/360. We'll have results at the end of the show tonight.

In the new year, if you want to lose weight, and -- you're going to have to do it without ephedra. In a dramatic news conference today the FDA announced it will ban the nutritional supplement. There have been years of warnings of course, and a number of deaths.

CNN's medical correspondent Holly Firfer reports.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN CORRESPONDENT (voice-over): Plans for the first-ever U.S. ban on a dietary supplement announced by Health and Human Services Secretary Tommy Thompson.

Ephedra, he says, is just too risky to use.

TOMMY THOMPSON, HEALTH AND HUMAN SERVICE SECRETARY: The time to stop using these products is now.

FIRFER: The dangers linked to the herbal products include heart attacks, strokes, seizures and death. The FDA puts that number of deaths associated with ephedra at 155.

The ban is expected to go into effect in the coming months.

MARK MCCLELLAN, FDA COMMISSIONER: Any responsible manufacturer and retailer should stop selling these productions as soon as possible. Everyone involved in marketing ephedra should be on notice that as soon as the rule becomes effective, we intend to shut you down.

FIRFER: Manufacturers of ephedra supplements, however, say millions of consumers have used the product safely.

The Metabolife Company, a leading maker of weight loss supplements, issued a statement saying it "disagrees with the decision of the food and drug administration to ban ephedra based dietary supplements. Metabolife strongly believes in the science supporting the safety and the efficacy of dietary supplements that contain ephedra when used as directed."

Dietary supplements are not regulated like drugs, which have to prove they are safe before they go to market. Nor do makers of supplements have to adhere to FDA guidelines.

The government says more enforcement is necessary and that their latest move is a strategic one.

THOMPSON: The regulation that FDA will be publishing will set a new significant legal precedent.

For the first time, we will be articulating the legal standard for protecting the public health under the standards of the Dietary Supplement Law, which Congress passed approximately ten years ago.

(END VIDEOTAPE)

FIRFER: Officials say they will publish that new rule in the coming weeks, and then the ban will take effect 60 days after that -- Anderson.

COOPER: This is the first time they've moved against a supplement. Does this mean they may start moving against some other supplements, regulating them?

FIRFER: FDA Commissioner McClellan says that, yes, they will use this as a framework to protect Americans. And they say it will make it easier to take possible action if they need to.

But Secretary Thompson adds they are still bound by those laws that Congress enacted ten years ago that prohibits them from regulating dietary supplements like they do drugs to market. But he wants to change that, and he says he thinks this will help.

COOPER: All right. Holly Firfer, live in Atlanta. Thanks, Holly.

New moves today against Mad Cow Disease. The federal government says it is putting tough new measures into place to keep sick cattle out of the human food chain. The question is, is it too late?

CNN's Chris Huntington has the latest.

(BEGIN VIDEOTAPE)

ANN VENEMAN, AGRICULTURE SECRETARY: Effective immediately, USDA will ban all downer cattle from the human food chain.

CHRIS HUNTINGTON, CNN CORRESPONDENT (voice-over): So-called downer cattle are those too weak or sick to walk and are regarded as high risk for disease. The cow in Washington state that had Mad Cow Disease was tested because she was a downer.

USDA will also require that all carcasses tested for Mad Cow Disease be held from the food chain until that test is confirmed to be a negative.

And the list of cattle tissue banned from human consumption will now include cattle skulls and small intestines, as well as the tissue from central nervous system.

Approximately 35 million cattle are slaughtered in the United States each year. Close to 120,000 are downer cattle. But in the coming year, the USDA says it plans to test just 38,000 cattle for diseases such as Mad Cow.

But there is currently no Mad Cow test for live cattle and no comprehensive system for tracking U.S. cattle from the stable to the table. That's why the USDA is having trouble finding 81 cattle believed to have come from the same herd in Alberta, Canada, as the infected cow discovered in Washington state.

ROGER VIADERO, FORMER USDA INSPECTOR GENERAL: Right now the USDA cannot put a bright line around the situation.

HUNTINGTON: Roger Viadero used to be the USDA's inspector general. Now he's developing a computerized system for tracking beef from the farm to the dinner plate that he says would cost only pennies per pound.

New York Senator Chuck Schumer today reiterated his call for such a system.

But Viadero says there are other, more significant gaps in the nation's beef safety system.

VIADERO: USDA and its requisite parts went out and sampled 34 meat plants for removal of the CNS, the central nervous system tissue. OK? Thirty of the 34 plants they reviewed did not do that procedure properly.

(END VIDEOTAPE)

HUNTINGTON: Now, some of the new rules announced today are aimed at fixing that problem. And Agriculture Secretary Veneman reiterated that the U.S. food supply is still safe.

But maintaining public confidence becomes tricky if it takes much longer to track down those 81 cattle from Alberta.

COOPER: Yes, that's right. Doesn't it. Chris, thanks very much for that.

We're going to get a quick look at a number of other stories we're tracking right now, "Cross Country." Let's take a look.

Washington, D.C. Anthrax vaccine defended. The FDA says the anthrax vaccine routinely given to U.S. military personnel and others is safe and effective. That's what they say.

The FDA is responding, of course, to a federal judge's ruling that temporarily halted mandatory inoculations. The judge said the vaccine was an experimental drug, not licensed by the FDA.

Today's ruling by the FDA clears the way for the Pentagon to resume inoculations. But the military hasn't indicated yet when that will happen.

Also in Washington, glad to be back. That's how the State Department says Secretary of State Colin Powell felt when he returned to work today just two weeks after prostate cancer surgery.

Point Wells, Washington. Oil spill contained. The Coast Guard reports crews have contained a roughly 2,000-gallon oil spill from a barge in Puget Sound about ten miles north of Seattle. Now, a spokesman says there's no threat to water supplies or to fisheries.

Los Angeles. Michael Jackson and Islam. The Nation of Islam denies any official part in Michael Jackson's life. But sources close to the embattled pop star say the controversial separatist group is placing -- or playing a significant and critical role in his affairs and future plans. We'll have more on this a little bit later on.

That's a look at stories "Cross Country" right now.

A pregnant woman is killed, the baby taken from her body. Find out what drove the woman accused in this grisly crime to murder.

Plus, avalanche survivor. We'll talk to a man who was buried alive twice and is here to tell about it.

And strange bedfellows. Michael Jackson and the Nation of Islam. Have they taken over his security? We'll take a closer look at the conflicting reports.

First, let's take a look inside the box. Tonight's top stories on the network evening newscasts.

(COMMERCIAL BREAK)

COOPER: In Oklahoma today, a woman appeared in court charged with murder and kidnapping, and the details of the crime are shocking. The woman is accused of killing her pregnant friend and then removing the woman's fetus.

CNN's Ann Kellan has more.

(BEGIN VIDEOTAPE)

ANN KELLAN, CNN CORRESPONDENT (voice-over): Led into court in shackles, Effie Goodson faces two counts of murder in a bizarre case that brutally claimed the life of Carolyn Simpson.

UNIDENTIFIED FEMALE: It would take an animal to do something, the way that her body was found, to do the type of wounds that was inflicted. It was just -- It was awful.

KELLAN: According to investigators, for months Goodson had convinced people, including her husband, she was pregnant. They even had a baby shower for her.

UNIDENTIFIED MALE: That's what the story is around the community, that she was pregnant and she did have a baby shower. And she told everybody she was due to have a baby boy.

KELLAN: Three days before Christmas, police say Goodson was caught on video camera leaving a casino with Simpson.

Police say the two had met about a month ago. Simpson worked at the casino and was six months pregnant. That's the last time she was seen alive.

The day after, Goodson showed up at this hospital holding a dead fetus that she claimed was hers. Doctors say it wasn't.

Three days later, Simpson's body was found in a nearby field, shot in the head, her stomach slashed, the fetus removed.

In court for the arraignment, Goodson said she was sick and off her medication. She pleaded not guilty to the charges. She's scheduled to be back in court the end of January.

Because the fetus could have survived outside the womb, under state law Goodson is charged with the deaths of both Carolyn Simpson and her unborn child.

UNIDENTIFIED FEMALE (singing): Mama's little baby...

Ann Kellan, CNN.

(END VIDEOTAPE)

COOPER: Unbelievable.

Some international stories right now we're looking at. Here's the "Uplink."

Baghdad, Iraq. Roadside bomb. Insurgents carried out an attack on a U.S. convoy for the second time in three days. The explosion in the heart of the capital killed one Iraqi civilian, wounded three others.

Bam, Iran. At least -- at least 28,000 people dead. That is the latest estimate of the number of people who have been killed in last week's 6.6 earthquake. It's feared the death toll could go as high as 50,000, making it one of the deadliest natural disasters of modern times.

Eighty-four Americans and medical teams from 21 countries are helping the thousands of injured and homeless.

Manila, Philippines. American brothers arrested, possibly about to be deported. These two in the yellow shirts. Officials say it's for violating the country's immigration laws. The two are suspected of having ties with terrorist organizations, including al Qaeda. The brothers deny it.

Southwestern China. Successful launch. Take a look right there. The first ever Chinese-European space mission blasted off as planned. The Probe 1 satellite has entered orbit. It is designed to study the Earth's magnetic field.

And in Serbia, Santa literally falls from the sky. A helicopter carrying a man dressed as Santa Claus -- there he is from the back -- crashed in the town's center. Seven people injured, none seriously.

No word on what may have caused the crash. Santa walked off OK, though.

That's a look at tonight's "Uplink."

Time to look into our crystal ball, talk politics 2004. Two- thousand-three was unpredictable year in politics. What does the new year hold?

Let's talk with CNN's -- with political analyst Carlos Watson. He joins us now. Carlos, good to see you. Thanks for being with us.

CARLOS WATSON, POLITICAL ANALYST: Anderson, good to see you.

COOPER: As you look ahead, what do you think? Politically, the No. 1 surprise, you think?

WATSON: No. 1 surprise next year, I think, is that Howard Dean will make this a close election. If you talk to people today and you look at polls, it looks like George W. would beat him by 15, maybe as many as 20 points.

But I think Karl Rove, President Bush's key political adviser, is right, this will be a close election. I'm talking two or three points when everything is said and done.

COOPER: It is amazing when you consider he started off the year, people saying, you know, "Howard who?" And now it's "Howard how?"

I mean, how did this guy go from little known to so well known? It's a been remarkable year.

WATSON: If he does win the nomination, and that's still a big "if," I think there will be a couple of key states. Most people think when I say that I mean the Midwest. I actually mean the Southwest, as well. What happens in New Mexico and Arizona will be important.

COOPER: Democratic ticket for vice president, who do you think?

WATSON: If Dean wins the nomination, in addition to Clark he'll look at two people. One is Bill Richardson, a young governor with lots of foreign policy experience in New Mexico.

And two, get ready for this Anderson, maybe the first time people are hearing this, Sam Nunn. Remember him, the four-term, 65-year-old former senator from Georgia.

The Dean people, I understand, confidentially, have had open conversations with him, initially about foreign policy advice. But who knows? It could blossom into more and he could be on the ticket.

COOPER: The big political battle next year? What do you think that's going to be?

WATSON: The big political battle will have to do with the confirmation of a new Supreme Court justice. Certainly one, probably two.

Don't forget; a number of the people on the court are older. Sandra Day O'Connor will turn 74. Bill Rehnquist, the chief justice, both Stanford Law grads, by the way -- go Stanford -- is going to turn 80.

I think we'll see a major battle when the White House nominates Alberto Gonzales to become the first Hispanic Supreme Court justice. We'll see it this spring, maybe this summer, I predict. COOPER: All right. Carlos Watson, our political Jeanne Dixon (ph) tonight. Thanks very much, Carlos. Appreciate that.

WATSON: Good to see you.

COOPER: All right.

An accident at sea leaves a child dead on Christmas day. Just a terrible story. We're going to tell you about it. We're going to tell you what went wrong and who, if anyone, is to blame. It all happened while watching the whales.

Also tonight, buried alive twice. We'll talk to a man who survived a Utah avalanche.

And Michael Jackson, has he joined forces with the Nation of Islam? You read the story on the front page of "The New York Times" today. We'll talk about that when we continue.

(COMMERCIAL BREAK)

COOPER: Off the coast of Hawaii, a whale watching trip turned into tragedy. The boat collided with a whale, and a 3-year-old child wound up dead.

CNN's Miles O'Brien has the story.

(BEGIN VIDEOTAPE)

MILES O'BRIEN, CNN CORRESPONDENT (voice-over): An innocent Christmas day excursion: whale watching off the coast of Oahu. A humpback is spotted.

The sightseeing boat with more than 50 passengers aboard heads toward the whale. An impact which killed 3-year-old Ryker Hamilton. He died of head injuries. The Coast Guard is still trying to determine what part of the boat he struck.

On this home video, we hear confusion after impact.

UNIDENTIFIED MALE: I can't believe we hit it. I can't believe we hit it.

O'BRIEN: And a woman's voice.

UNIDENTIFIED FEMALE: Please move. Please move.

O'BRIEN: An attorney for the family who provided the videotape says the woman is Ryker's mother.

A pediatric nurse on board tried to revive the boy. A U.S. Coast Guard helicopter arrives at the scene, sends a basket to airlift Ryker out.

Coast Guard officials tell CNN, a Coast Guardsman was in the basket applying CPR and kept it up all the way to the hospital on Oahu. It's too late. Ryker Hamilton is pronounced dead at Queens Medical Center in Honolulu on Christmas day.

The Coast Guard is still investigating the incident. The attorney for Ryker's family says this was avoidable.

RICHARD FRIED, HAMILTON FAMILY ATTORNEY: From the time the whale was spotted until the impact, there was absolutely no maneuver by the ship to avoid the whale nor any decrease in speed.

O'BRIEN: Attorney Richard Fried claims the boat captain had plenty of time and room to maneuver out of the way, at least 300 yards.

Fried claims witnesses say the captain had dropped a microphone, was looking down, not toward the whale, as the boat sped forward and that the crew did not respond properly after impact.

FRIED: After this happened, a nurse took over the CPR, because the crew provided no help whatsoever. No oxygen; no one seemed to be able to give CPR. They really did nothing. And obviously, that's another major concern that the parents and grandparents had.

O'BRIEN: CNN contacted Mike Watson, president of Dream Cruises Hawaii, which owns the vessel "American Dream" and runs these excursions. He says the captain, Monroe Wightman, was the correct captain to have on board, and everything he did was professional and correct.

Watson says what he's hearing about the incident does not support the claim by the family's attorney that the vessel could have avoided the whale.

Coast Guard officials tell CNN there is a federal guideline that no vessel is allowed to go within 100 yards of a whale. The Coast Guard estimates this particular humpback may have been about 50 feet long.

Ryker Hamilton's family plans to head back home to Virginia Beach, Virginia, for his burial.

Miles O'Brien, CNN.

(END VIDEOTAPE)

COOPER: Michael Jackson and the Nation of Islam? Have they really joined together?

Buried alive. How a snowboarder survived a Utah avalanche.

And Jessica Simpson, Paris Hilton, the highs and oh so many lows of our favorite pop princesses.

We'll be right back.

(COMMERCIAL BREAK)

COOPER: Let's "Reset" our top stories right now. New York City, when the big ball drops in Times Square tomorrow night to herald the new year, the huge crowd anticipated will be protected by the most rigorous and expensive anti-terror measures in the city's history.

The celebration is taking place against the shadow of a national Code Orange terror alert, and federal officials say security has been, quote, "ramped up in an unprecedented day."

Washington, D.C. Attorney General John Ashcroft has removed himself from a Justice Department investigation into who may have leaked the name of a CIA operative to the media.

Ashcroft insists there's no actual conflict of interest; he's just concerned about appearances. Chicago based federal prosecutor Patrick Fitzgerald will direct the probe.

Wall Street. Rising tech stocks push NASDAQ and S&P 500 to their highest closes in nearly two years today. The blue chips took a dip after three unexpectedly weak economic reports put investors in a bearish mood.

Washington again. A federal appeals court has turned down Monica Lewinski's request for $1.16 million taxpayer dollars. The former White House intern wanted reimbursement for legal fees related to the probe of her affair with President Clinton.

And that is a look at the "Reset" tonight.

Now to the Michael Jackson case. New information about the claims he was mistreated by police.

And sources tell CNN that the Nation of Islam is playing a key role in the affairs and future plans of the pop star.

National correspondent Frank Buckley is live in Santa Barbara with the latest -- Frank.

FRANK BUCKLEY, CNN CORRESPONDENT: Well, Anderson, first on the allegations of mistreatment.

What we're talking about is that day Michael Jackson turned himself in to authorities here in Santa Barbara last month, when he came in for the booking process.

Michael Jackson told "60 Minutes" on Sunday that he was belittled by sheriff's deputies during that process, that he was locked in a bathroom at one point for some 45 minutes, a bathroom that was covered in feces, and that he suffered bruising on his arm as a result of the way that he was handcuffed.

Now today, Fred Olguin, the chief deputy of the jail there, told Art Harris, our investigative correspondent, that Jackson was in a holding cell for 15 minutes, not 45, and said it was a clean cell. And that yes, he was locked in there, but that is the procedure that they have here in the jail. That he was in and out of the jail after 63 minutes total. That was the total time the booking process took.

Sheriff's department denies any mistreatment of Jackson. They say in fact, that Michael Jackson's own attorney and security thanked them for their professionalism during the process -- Anderson.

COOPER: Obviously, there's some conflicting reports.

There are also conflicting reports connecting Michael Jackson with the Nation of Islam. What do you know?

BUCKLEY: Yes. On that, Anderson, there is some conflicting information that suggests that there is some sort of a management shake-up going on.

We are told by sources familiar with the situation that at least some members of the management of Michael Jackson have had difficulty getting access to Michael Jackson, that specifically Leonard Muhammad, who is the son-in-law of Louis Farrakhan, who is the leader of the Nation of Islam, is playing a, quote, "integral role" in the business affairs of Michael Jackson.

We're told that a couple of Jackson's major business partners, Deeter Reisner (ph) and Ronald Conitzer (ph), have not been able to talk to Jackson for a couple of weeks.

We know yesterday Stuart Backerman, who has been Jackson's chief spokesman, resigned over, quote, "strategic differences."

Now we haven't been able to talk to Mark Geragos, who is Jackson's attorney, over this subject. But the Nation of Islam did issue a statement on this, saying, quote, "The Nation of Islam has no official business of professional relationship with Mr. Jackson. The Nation of Islam joins thousands of other people in wishing him well."

Now we expect to hear more on this subject and others tomorrow. The Santa Barbara County Sheriff's Department plans to hold a news conference in Santa Barbara to refute those allegations of mistreatment -- Anderson.

COOPER: All right, a lot of people will be watching that, no doubt. Frank, thanks very much.

Why might Michael Jackson want the Nation of Islam involved in his affairs? That's the question. Why might the Nation of Islam want to be associated with the pop star?

For one perspective, we turn now to Najee Ali, the director of Project: Islamic Hope in Los Angeles. Thanks very much for being with us, Mr. Ali. What do you think? First of all, you're not associated with the Nation of Islam, is that correct?

NAJEE ALI, DIRECTOR, PROJECT: ISLAMIC HOPE: No, I'm not.

COOPER: Why do you think Michael Jackson might want some sort of association with them?

ALI: I believe Michael, when this crisis happened, wanted to reach out to let the black community know he had not abandoned and forsaken them as many have tried to state and say so by linking himself with the strongest and most pro-black group in America, it played into what Michael thought would be welcoming him into the black community.

COOPER: So you're seeing it as almost a public relations move as well as a security move. Why would the Nation want to be associated with the pop star?

ALI: Obviously, Michael Jackson is the most famous entertainer on the earth. It gives you a great benefit to your group to be associated with someone of his stature. But also, keep in mind that Reverend Al Sharpton, Jesse Jackson, myself, and other black leaders offered our help and support to Michael Jackson also.

COOPER: Yet it's interesting that he has turned to this group, which he has not really been affiliated with in the past. As you say, it sends a message to some people. Do you have any sense of how involved the Nation of Islam is in Michael Jackson's affairs? We've heard about this man, Leonard Muhammad, according to the "New York Times," has an office in Mark Geragos' office.

ALI: Leonard Muhammad is there and we've seen Leonard Muhammad assisting Mark Geragos. Leonard Muhammad has been to Neverland. I do know for a fact the Nation of Islam has provided Michael Jackson with security in a certain sense. I'm not sure how often but they are providing security services. So they are playing a role in Michael Jackson's life every day.

COOPER: And yet, Mark Geragos, Jackson's attorney, denies that the Nation is involved with Michael Jackson. Why do you think, why in your opinion might he do that?

ALI: Well, I believe, obviously, the Nation of Islam does have a controversial image in the past in America. In many circles they're viewed upon as a group that have had a lot of controversy with racist statements. The Nation of Islam is not viewed favorably by everyone in America and it does hurt and harm Michael to be associated with the Nation of Islam in certain circles.

COOPER: And it seems like we're hearing the story now because there seems to be some sort of problems within the Jackson camp, a lot of Jackson's older or long time advisers seem to have some problems with some of these new advisers. Is that a fair summary, do you think?

ALI: It's very fair to say. I'm someone from the very beginning who's always said, I support the Nation of Islam and the good work they do. I think in this situation, it was ill advised for Michael to become involved. Because the last thing Michael needs is more controversy. And certainly, with the Nation of Islam providing security, it creates another controversy on its own.

COOPER: All right. Najee Ali, we appreciate you joining us, thank you very much. From Los Angeles.

In "Justice Served" tonight, a look at Michael Jackson's attorney. This year has seen a lot of high profile cases. And in just about all of them, one name keeps popping up.

(BEGIN VIDEOTAPE)

COOPER (voice-over): In the Chinese calendar, 2003 was the year of the ram. In the legal calendar, it seemed more like the year of the Geragos. 46-year-old defense lawyer Mark Geragos began the year helping Winona Ryder face charges of shoplifting. Then he became Scott Peterson's attorney. And if that wasn't enough, he also began representing pop star Michael Jackson.

MARK GERAGOS, DEFENSE ATTORNEY: And I've been given full authority.

COOPER: For a while there, it seemed like every time you turned on the TV, Geragos was talking. He appeared at least 16 times on "Larry King Live" in 2003 and was only slowed down by a gag order in the Scott Peterson case. There is no gag order however in the Jackson investigation.

GERAGOS: We will land on you like a ton of bricks. We will land on you like a hammer if you do anything to besmirch this man's reputation.

COOPER: Geragos is no stranger to press conferences. In past years he's represented Gary Condit and Robert Downey, Jr., presidential half brother Roger Clinton, to name just a few.

But this year he's joined Johnnie Cochran and the likes in the post O.J. Simpson campion of celebrity lawyers. His own father and associate thinks his son has become something more than an attorney. He says Mark Geragos is now a legal brand.

(END VIDEOTAPE)

COOPER: Well, if you're a celebrity or in trouble, would you want Mark Geragos for the defense? Let's get more on that -- talking about here with Court TV anchor Lisa Bloom who joins us here in New York. Nice to see you, Lisa.

And in Miami, criminal defense attorney Jayne Weintraub. Jayne, good to see you as well.

Lisa, let me start off with you. Why Mark Geragos? Why has he become, you know, in this pantheon of celebrity lawyers?

LISA BLOOM, COURT TV ANCHOR: Well, like Zsa Zsa Garbo, I think he's famous for being famous. I think celebrities like to hang out with other celebrities, they understand each other. And to be fair to Mark Geragos, I think he does understands the PR value of a case. Somebody like Michael Jackson is more concerned probably with his public image than the outcome of this case. Geragos understands the media. COOPER: Jayne Weintraub, is Mark Geragos, is his expertise in PR or is it in law inside the courtroom?

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: I think that he has years of litigation experience. He's a very well known, highly reputable criminal defense lawyer and has been for years and years. The celebrity fame is of recent and really of this year as you mentioned. Particularly in the spotlight. Mark has enjoyed a terrific reputation.

COOPER: Jayne, does the fame attract more fame? I mean, does the fact that his name is in the papers then attract more clientele?

WEINTRAUB: It does. And once you're out there and successful, and once the success starts to spin as it does with Mark, he becomes more and more successful, more and more in demand. That is what happened here.

BLOOM: But you know, he's got a very compliant media that rarely checks its facts. For example, today he's quoted in the "New York Times" as saying that the prosecution has played the race card. Everything the prosecution has said is a matter of public record. I looked it over. They have never once made a reference to race.

Geragos does that time and again. He says one thing in the media, like in the Scott Peterson case, that there are satanic cults, in the courtroom, the judge says you have no evidence to support that.

WEINTRAUB: Now you're talking about the evidence and the case. You're not talking about the lawyer and his way to litigate.

BLOOM: I'm king of old fashioned. You know, evidence and facts are important for attorneys and saying something different publicly than what you say in the courtroom is bad form.

WEINTRAUB: Lisa, don't get me started on Laci Peterson. The satanic cult has evidence, there's evidence of a satanic cult but the judge in that case, and you know it, it came in discovery from the prosecution. Mark has every right to bring that up.

COOPER: How much of fighting court battles today in sort of the realm that Mark Geragos is working in is a matter of making public statements, is appearing on "Larry King Live," is talking in front of the cameras? Is that now part and parcel of being a celebrity attorney today?

WEINTRAUB: I don't think so. I think that being a celebrity lawyer is representing a client who is a celebrity, successfully. You know, it depends on the case and the evidence. For example, we don't go by track records or win/loss records because that has no meaning. It's meaningless.

You have to go by the evidence. Winona Ryder was videotaped committing a crime. Perry Mason, who never lost a case in 20 years on TV, would have lost that case. To say that Mark Geragos isn't successful would be wrong. BLOOM: There's another example where he said in the media that there were receipts that were going to exonerate her. And once he was in court, they never materialized. He doesn't get called on that because most of the media is consumed with the idea that he's just a celebrity attorney and he gets a free pass, he gets hired again in another high profile case, and he becomes famous for being famous not for actually getting results in the courtroom like, say, Johnnie Cochran. He doesn't actually achieve much by way of success for his clients.

WEINTRAUB: He got Susan McDougal out of jail, Robert Downey out of jail. I mean, time and time again, the guy's proven to be a very good lawyer. I don't understand what your complaint is. Is it that he's gotten too many cases?

BLOOM: Well, we'll see how the Scott Peterson and Michael Jackson cases turn out.

BLOOM: All right, we'll leave it there. Jayne Weintraub in Miami, always good to talk to you. Lisa Bloom as well here in New York. Thank you.

COOPER: Just an amazing story we're about to tell you about. He dug his way out of an avalanche only to be buried by another tsunami of snow. In a moment, you're going to meet a young Utah snowboarder who, just days ago, was buried alive.

Also, an artist gets in trouble with the makers of Barbie? What's up with that? We're going to hear what a judge had to say. It was a naked Barbie at that.

(COMMERCIAL BREAK)

COOPER: Cnn.com/360. Send us e-mail anytime. Love to hear from you.

We go now to Utah where it has been another day of waiting. Waiting for the snow to stop, waiting for the weather to clear, waiting for word on two missing snowboarders buried in after avalanche.

CNN's Adrian Baschuk has the latest.

(BEGIN VIDEOTAPE)

ADRIAN BASCHUK, CNN CORRESPONDENT (voice-over): The search for two missing snowboarders, Rod Newbury (ph) and Adam Mertz (ph) is suspended through. Rescuers spirits were hopeful before the weekend before 30 mile per hour winds and more snow hit.

UNIDENTIFIED MALE: We will not stop all searching until we've found all the victims.

BASCHUK: Avalanche experts calculate a victim buried in snow only has a 5 percent chance of survival after just three hours of being trapped. It's been five days since the search began. Last Friday, five life long friends embarked to snowboard in back country, the most prone areas avalanche researchers say to sliding snow. 29 inches of snow fell the day before their trek. Two of the friends, including J.D. Settle, survived.

J.D. SETTLE, AVALANCHE SURVIVOR: The best way to describe it is snow making an earthquake. I was thinking, crap, here comes that avalanche.

BASCHUK: Sunday, a ski gray hat was sniffed out by a dog. The hat belonged to 19-year-old Mike Herbert (ph), whose body was found.

Dale Brown a separate survivor who saved his children, still hopes for the best.

UNIDENTIFIED MALE: We really felt like our lives have been preserved. Feel just very sad for the families of the boys who are still caught in the slide area.

BASCHUK: To continue the search tomorrow, rescuers must trigger explosive devices clearing the search area they believe is still prime for avalanches.

Adrian Baschuk, CNN, Denver Colorado.

(END VIDEOTAPE)

COOPER: J.D. Settle, the young man you saw in that story, was lucky to survive. The body of one of his friends has already been recovered, two more of his friends are still missing. J.D. joins us tonight from his home in Orem, Utah. J.D. thank you very much for being with us. Take us back to that day, you're on the slope, you were snowboarding. You heard rumbling. Then what happened?

SETTLE: Actually, we saw it before we could hear it. It -- the snow that caused the avalanche came from the ridge above us. And you could see the snow, and then it's about, I don't know, 100, 150 foot drop and the snow just dropped down into our chute. And didn't even have a chance to make five steps before all that snow was right on top of us.

COOPER: Were you able to call out? Were you able to call out at all? You say you ran just five steps.

SETTLE: No, not really. Just as soon as that snow hit, I just -- instinct, I knew that I had to get my hands up to my face, to get an air pocket. Then just ride that snow all the way down and hope for the best after you're buried. And I was able to dig myself out.

COOPER: So you run five steps, you're hit by this tidal wave of snow. And I mean, did you -- how far did it take you?

SETTLE: The first avalanche that I got caught in took me about 300 to 400 yards down the mountain. And then I dug myself out and started searching for my friends. And I ran over to the trees and had broke off a branch for a probing pole. And I'd started searching for them. And then I got hit by a second avalanche. And that one took me all the way to the bottom.

COOPER: And how much were you buried in that second avalanche that hit?

SETTLE: The first one I was buried about three and a half feet down. In the second one, I didn't have but 10 inches on top of me, but it was just wetter snow. It was so much more compact that I couldn't dig it out anymore. And I got an air pocket and I managed to be able to get the top of my head out of the snow. And then two other people that were up there on the mountain after a while of being trapped in the snow had come to my rescue and dug me out.

COOPER: You know, sometimes people talk about the stuff sort of feeling like it's in slow motion. Did it feel that way? Or did it happen just in the blink of an eye?

SETTLE: Oh, no, it happens really fast. I mean, I've seen the snow, and then it was there just like that. Then the second one, I didn't even know was coming. And it was over before I even knew it.

COOPER: Well, J.D., you are lucky to be alive, as you well know, and we appreciate you talking with us tonight. I know two of your friends are still out there. And I know the investigation continues, and as soon as the weather clears up, people continue to hope to search and find them. We appreciate you joining us tonight. J.D., thanks.

Every week, we like to check up on a story that was once cable news catnip, now all but forgotten, proof of "How Quickly we Forget."

Do you remember last April, at a house in Riverside, California, authorities found big cats dead, cubs frozen in a freezer, more in dire distress.

National Correspondent, Gary Tuchman has tracked down for us what happened to the surviving tigers.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): Tigers with a fighting chance for a normal life.

CHUCK TRAISI, WILD ANIMALS ADVOCATE: It's a scene that will haunt me forever. It was like something out of the set of a bizarre horror movie that was being produced in Hollywood.

TUCHMAN: Chuck Traisi is an advocate for wild animals now in charge of rehabilitating 39 tigers allegedly subjected to mistreatment. Two people have been charged with counts of animal cruelty and neglect. One of them John Weinhart, the other his partner Marla Smith, accused of mistreating tigers, lions, and other animals in their home and at the refuge the couple operated in San Bernardino County, California. They go on trial next month. They have pled not guilty.

ADDISON STEELE, ATTORNEY FOR JOHN WEINHART: I think that a lot will come out at trial that hasn't come out so far.

TUCHMAN: However, some of the animals have been sent under court order to animal sanctuaries but these tigers remain as they await construction of a permanent refuge in northern California.

BETSY MURRAY, ANIMAL SANCTUARY VOLUNTEER: Coming here on Monday is the highlight of my week.

TUCHMAN: Betsy Murray is one of 400 volunteers who have helped care for the tigers since their alleged mistreatment.

MURRAY: We change the tanks, feed them. They're in way better shape now than they were at first.

TUCHMAN: If all goes as planned, these tigers will go to a 2,300 acre state of the art home in two months.

TRAISI: These cats will never be on concrete again. They will enter from here into a quality of life that they never could have dreamed of.

TUCHMAN: Gary Tuchman, CNN, Los Angeles.

(END VIDEOTAPE)

COOPER: "How Quickly we Forget."

A couple of silly items caught our attention. A quick look at the current.

Free speech Barbie?

A federal appeals court has dismissed a copyright lawsuit by Mattel against a Utah artist who shot photos of naked Barbie dolls with household appliances. Naked Barbie in a blender, naked Barbie wrapped in tortillas, naked Barbie cooking on a wok. Barbie herself couldn't be reached for comment, but we saw statement from the Malibu dream house saying the photos were done tastefully and she regrets nothing.

In a related story, the Anderson Cooper doll briefly staged a naked protest outside CNN studio's claiming artistic unity with Barbie. Critics called it a desperate cry for help.

The naked Anderson Cooper doll. All right.

In banter not seen since the days of Lady Astor and Winston Churchill, Britney Spears and Christina Aguilera are trading insults in "Blender" Magazine. Christina says Britney seems like a nervous lost little girl. Britney says it's the other way around, and tell a story about Christina coming up to her in a club and "in front of all these people tries to put her tongue down my throat." To that we imagine Britney would say, yes. To which Christina would scoff, yes whatever. Why can't these kids just get along?

And finally movie ticket prices in New York City have surpassed the $10 mark. Two chains in the city are charging $10.25 for adults, $6.75 for kids. Bottom line, it would cost a family of four more than $30 to see "Dr. Sues' Cat in the Hat" this weekend. It kind of makes you wish that was available in book form in some way, doesn't it?

And that's a look at tonight's "Current."

Saying goodbye to people who passed on this year and had an unusual impact on our lives. We are going to come back with that and more. We'll be right back.

(COMMERCIAL BREAK)

COOPER: You're looking at a live picture of New York's Times Square. Tomorrow night that's going to be packed with thousands of revelers. I'll be there live as well, starting at 11:00 p.m. Eastern time. Hope you join me for that.

It's an old tradition late in December, to say goodbye to some of the famous people who died in the year just ending. That's what a lot of TV shows do, but we thought we'd introduce you to some people you may not have heard of. But they are people we may not see the likes of again. And we owe them more than we know.

Sonora Webster Carver died this year. She made it to the age of 99. That's remarkable all by itself, of course. But even more remarkable when you consider what she used to do for a living. Her job, which inspired a Disney movie, was to fall 40 feet straight down into a tank of water on horseback. Yes, that's right, for 20 years, Sonora Webster Carver was the famous horseback diver at the Steel Pier in Atlantic City. An accident left her vision impaired, but she kept right on diving.

In June, at the age of 78, Arnold Nawrocki died. He was the thinker behind this, the individually wrapped slice of cheese, and the machinery to do the job, which is diagrammed behind me. Arnold Nawrocki saved a whole lot of us a whole lot of trouble. No more torn off corners, no more trapezoids and other bizarre, origami-like cheese shapes. Just nice, complete, rectangular slices. Thanks, Mr. Nawrocki.

While we're in the kitchen, we ought to say goodbye to John C. Burns. No, we didn't know his name either, but his face stares at us many mornings. John C. Burns was the model for the guy on the Quaker Oats box. In real life, I don't think John Burns really wore the hat, but he had a heck of a comforting face.

Walter Zapp died this year. The cameras of his day were too bulky for him comfortably to carry around, he used to say, so he put on his thinking cap and designed and built this, this little guy, the Minox. How many spies, actual, bona fide spies and widescreen spies and spy wannabes have crept making surreptitious snaps with one of these? Makes you feel daring just to look through the thing and go like this.

You say we're ignoring the entire world of entertainment in these farewells of ours? And maybe you're right. We have until now, that is. Silly really, because a whole lot of big movie stars died this year. And here is to the biggest of them all. Keiko, the killer whale, who played the title role in those "Free Willie" movies. Keiko was freed too when filming was done and shipped to Iceland to be among other whales, but he seemed not to have much interest in the company of his own kind. It must be hard to talk krill and plankton all day after you've been hot stuff in Hollywood. Anyway, the world's biggest movie star died this year, apparently of pneumonia. And all shall be missed.

Tomorrow night, 360 goes "365." A look back at the top stories of 2003, in a very unique way. Here are just some of the images you can expect to see.

(BEGIN VIDEOTAPE)

PAUL BREMER, U.S. CIVIL ADMINISTRATOR IN IRAQ: Ladies and gentlemen, we got him.

SATINDER BINDRA, CNN CORRESPONDENT: Right behind me and all across in this neighborhood, wild celebrations have broken out. As you mentioned, this is a very, very dangerous place at the moment, because in typical Iraqi fashion, thousands of people are firing.

NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT: With each wave of attack, the heavy anti-aircraft gunfire start up on the outskirts of the city, and then move in, and be very loud and very strong in the center of the city, as planes or whatever it was, arrived right over the center of the city.

MARTIN SAVIDGE, CNN CORRESPONDENT: Before your mind could even grasp something has been fired, this tremendous explosion. And shattering glass. And you realize, we were under attack. And it was just an amazing scene. It was the first time we went live, I think it was the first time anybody was going live in actual combat, and people in their living rooms could watch it all play out.

MILES O'BRIEN, CNN CORRESPONDENT: I knew in an instant that it was a very ominous thing, and that the crew was most likely lost.

Here's what we're seeing. It is very significant, what you should look at. Multiple trails, multiple indication of multiple targets there as the space shuttle streaked over Dallas, Texas.

UNIDENTIFIED MALE: During our live shots, it was a pretty impressive show. They were burning up a garage that was three, four, five feet high, and several hundred yards of it. And as we were doing our live shot, the wind shifted direction a little bit, blew that hot air from the fire onto the cold air where we were and it created a fire storm, or a fire tornado. And this thing -- it just came out of nowhere. You know, firefighters were running there, going, telling everybody, get out, get out.

(END VIDEOTAPE)

COOPER: Some of the most dramatic stories of the year by the CNN correspondents who covered them. That will be "365" tomorrow night, 7:00 p.m. eastern. I'll also be in Times Square live for the dropping of the ball, starting 11:00 p.m. Eastern time, all the way to 12:30 a.m.

Well, one Iraqi official is claiming Saddam Hussein is now talking to interrogators. Coming up, we take his story telling to "The Nth Degree."

And tomorrow, well, join me live in Times Square. I'll say it again. As we ring in the new year. Our special starts at 11:00 p.m. Eastern time. That's a live picture right now in Times Square. It's going to be crazy there tomorrow. We're going to have some special guests. Hugh Hefner. Who knows who he's going to bring along, a bunch of other people. Cyndi Lauper. I'm not even sure who else is going to be there, but it will be fun. 11 p.m. Eastern time.

But first, today's "Buzz" question. Do you think the terrorist threat has been exaggerated? Vote now, at cnn.com/360. We'll have those results when we come back.

(COMMERCIAL BREAK)

COOPER: We asked you, do you think the terrorist threat has been exaggerated? Here's what you said. Fifty-seven percent of you said yes, 43 percent no. Not a scientific poll, of course, there it is, just "Viewer Buzz."

Tonight, story telling to "The Nth Degree." You know the famous tale of 1,001 Arabian nights? Shahrazad, a beautiful young woman is forcibly married to a lustful king who likes a fresh wife every night. He has his way with them, then does away with them. Shahrazad figures to avoid that fate by spinning fantastic, fascinating, cliff-hanging stories, stories continued from night to night. The idea, stay alive by keeping the king's interest alive.

Remind you of anyone who's been in the news recently? Well, according to one Iraqi official, Saddam Hussein is talking, telling stories about the $40 billion he says he hid in international accounts. Maybe it's true. Maybe it's not. But a $40 billion story is a good thing to have up your sleeve in case you need, oh, you know, maybe an extra pack of smokes or a new toothbrush. It's the old "I know something you don't know" maneuver. If we're on the right track, if Saddam really is a mustachioed Shahrazad, spinning tales to stay alive, who knows where this may lead. Perhaps he'll soon claim to be privy to other bits of information. Where Jimmy Hoffa's body is buried. Who made those crop circles in England. The real identity of Deep Throat. Maybe even the secret of the Bermuda Triangle.

Sure, there's plenty of real information he could divulge, and let's hope that he does. But facing an uncertain future, all interrogators may get out of him are tales worthy of the Arabian nights.

That wraps up our program tonight. Coming up next, "PAULA ZAHN NOW."

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





Beefing Up Security for New Year's; Ephedra Banned by FDA>


Aired December 30, 2003 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
ANDERSON COOPER, HOST: Protecting New Year's Eve celebrations, a prime terrorist target.

The government outlaws a diet supplement, but you may have already used it.

Michael Jackson and the Nation of Islam? Who's pulling the pop star's strings?

A desperate woman, a gruesome crime. Killing a mother to steal her unborn child.

What's it like to be buried alive? Find out from one Utah avalanche survivor.

And, desperately needed TLC for a couple of California cats.

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

(END VIDEOTAPE)

COOPER: Good evening. Welcome to 360. A lot going on tonight.

We begin with our top story, a dramatic announcement out of Washington. Attorney General John Ashcroft is removing himself from the investigation into the outing of a CIA operative.

CNN's justice correspondent Kelli Arena has the latest.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN CORRESPONDENT (voice-over): Attorney General John Ashcroft won't be overseeing the investigation into who leaked the name of Valerie Plame, a former undercover CIA operative.

JAMES COMEY, DEPUTY ATTORNEY GENERAL: It's just that we reached a point in the investigation where the attorney general and I thought it was appropriate to make the judgment that's been made.

ARENA: Instead, out of a, quote, "abundance of caution," justice officials say the investigation will be led by a special prosecutor, Patrick Fitzgerald, the U.S. attorney out of Chicago. COMEY: We thought it prudent to have the matter handled by someone who is not in regular contact with the agencies and entities affected by this investigation.

ARENA: Plame is married to former Ambassador Joe Wilson. He and several Democrats have charged the attorney general was too chummy with the White House to conduct an impartial probe.

SEN. CHARLES SCHUMER (D), NEW YORK: It gives me some faith that we will get to the bottom of this dastardly act and prosecute the people who did it.

ARENA: Wilson, who praised this latest decision, alleged the Bush administration last July leaked his wife's name to a newspaper columnist to retaliate against him. He was very vocal in saying the administration exaggerated Iraq's nuclear capabilities heading into the war.

JOE WILSON, FORMER AMBASSADOR: The crime that was committed was a crime that was committed against the country.

ARENA: While most leak investigations are closed without any resolution, the deputy attorney general says this probe is moving along at a fast pace.

(END VIDEOTAPE)

ARENA: Sources say that a fourth prosecutor was recently added to the investigation team, and that a grand jury may be impaneled to take testimony -- Anderson.

COOPER: It seems to me this announcement was kind of buried. Was there any reaction from the White House?

ARENA: Well, first you should know, Anderson, that justice officials said the White House wasn't consulted before the decision was made.

And after being told, the president said he had every confidence that this investigation would be handled professionally, but he did urge justice to move quickly to finish this whole thing up.

COOPER: All right. Kelli Arena on the story tonight. Thanks, Kelli.

You've probably made plans for New Year's Eve. Law enforcement agencies have, as well.

They say security has been ramped up in an unprecedented way. At celebrations in cities across the country, test of thousands of police officers will be walking the streets while helicopters will monitor the situation from the skies.

Jason Carroll is live in Times Square with the latest.

(BEGIN VIDEOTAPE) JASON CARROLL, CNN CORRESPONDENT (voice-over): A favorable weather forecast and an increase in the number of tourists in New York City, could mean record turnout for the annual Times Square celebration.

MAYOR MICHAEL BLOOMBERG, NEW YORK CITY: I'm going to be there. I'm going to be safe, and so are you.

CARROLL: Police will use magnetometers to search bags and backpacks of everyone entering the area. Anti-terrorism helicopters will be patrolling the skies.

On the ground, police will deploy radiation detectors in sensitive areas. Officers will monitor landmarks and transportation sites.

Homeland Security Secretary Tom Ridge says look for increased security measures nationwide.

TOM RIDGE, HOMELAND SECURITY SECRETARY: Right now, we think that the level of threat is appropriately at orange, and we have ramped up in an unprecedented way levels of security around the country. And I think you're going to see it remain there through the balance of the week.

CARROLL: In Los Angeles, the Pasadena Police Department stepped up its efforts in preparation for the Rose Bowl, while in Boston, the focus is on another celebration. Authorities will be removing or welding shut trash cans for First Night.

During the holiday, much is suspect. Law enforcement officials tell CNN, in New Jersey, police were directed to randomly check I.D.'s of EMS workers.

While there have been no specific threats, New Jersey officials want to make sure emergency vehicles are accounted for, and not used to carry out a terrorist attack.

(END VIDEOTAPE)

CARROLL: Law enforcement sources also tell us that many of the security measures being put into place are ones that won't be obvious to the public, such as undercover officers that will be operating right here in Times Square -- Anderson.

COOPER: All right. Jason Carroll in Times Square. Thanks, Jason.

We want to hear from you on this story. Today's "Buzz" question is this: "Do you think the terrorist threat has been exaggerated?" Vote now CNN.com/360. We'll have results at the end of the show tonight.

In the new year, if you want to lose weight, and -- you're going to have to do it without ephedra. In a dramatic news conference today the FDA announced it will ban the nutritional supplement. There have been years of warnings of course, and a number of deaths.

CNN's medical correspondent Holly Firfer reports.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN CORRESPONDENT (voice-over): Plans for the first-ever U.S. ban on a dietary supplement announced by Health and Human Services Secretary Tommy Thompson.

Ephedra, he says, is just too risky to use.

TOMMY THOMPSON, HEALTH AND HUMAN SERVICE SECRETARY: The time to stop using these products is now.

FIRFER: The dangers linked to the herbal products include heart attacks, strokes, seizures and death. The FDA puts that number of deaths associated with ephedra at 155.

The ban is expected to go into effect in the coming months.

MARK MCCLELLAN, FDA COMMISSIONER: Any responsible manufacturer and retailer should stop selling these productions as soon as possible. Everyone involved in marketing ephedra should be on notice that as soon as the rule becomes effective, we intend to shut you down.

FIRFER: Manufacturers of ephedra supplements, however, say millions of consumers have used the product safely.

The Metabolife Company, a leading maker of weight loss supplements, issued a statement saying it "disagrees with the decision of the food and drug administration to ban ephedra based dietary supplements. Metabolife strongly believes in the science supporting the safety and the efficacy of dietary supplements that contain ephedra when used as directed."

Dietary supplements are not regulated like drugs, which have to prove they are safe before they go to market. Nor do makers of supplements have to adhere to FDA guidelines.

The government says more enforcement is necessary and that their latest move is a strategic one.

THOMPSON: The regulation that FDA will be publishing will set a new significant legal precedent.

For the first time, we will be articulating the legal standard for protecting the public health under the standards of the Dietary Supplement Law, which Congress passed approximately ten years ago.

(END VIDEOTAPE)

FIRFER: Officials say they will publish that new rule in the coming weeks, and then the ban will take effect 60 days after that -- Anderson.

COOPER: This is the first time they've moved against a supplement. Does this mean they may start moving against some other supplements, regulating them?

FIRFER: FDA Commissioner McClellan says that, yes, they will use this as a framework to protect Americans. And they say it will make it easier to take possible action if they need to.

But Secretary Thompson adds they are still bound by those laws that Congress enacted ten years ago that prohibits them from regulating dietary supplements like they do drugs to market. But he wants to change that, and he says he thinks this will help.

COOPER: All right. Holly Firfer, live in Atlanta. Thanks, Holly.

New moves today against Mad Cow Disease. The federal government says it is putting tough new measures into place to keep sick cattle out of the human food chain. The question is, is it too late?

CNN's Chris Huntington has the latest.

(BEGIN VIDEOTAPE)

ANN VENEMAN, AGRICULTURE SECRETARY: Effective immediately, USDA will ban all downer cattle from the human food chain.

CHRIS HUNTINGTON, CNN CORRESPONDENT (voice-over): So-called downer cattle are those too weak or sick to walk and are regarded as high risk for disease. The cow in Washington state that had Mad Cow Disease was tested because she was a downer.

USDA will also require that all carcasses tested for Mad Cow Disease be held from the food chain until that test is confirmed to be a negative.

And the list of cattle tissue banned from human consumption will now include cattle skulls and small intestines, as well as the tissue from central nervous system.

Approximately 35 million cattle are slaughtered in the United States each year. Close to 120,000 are downer cattle. But in the coming year, the USDA says it plans to test just 38,000 cattle for diseases such as Mad Cow.

But there is currently no Mad Cow test for live cattle and no comprehensive system for tracking U.S. cattle from the stable to the table. That's why the USDA is having trouble finding 81 cattle believed to have come from the same herd in Alberta, Canada, as the infected cow discovered in Washington state.

ROGER VIADERO, FORMER USDA INSPECTOR GENERAL: Right now the USDA cannot put a bright line around the situation.

HUNTINGTON: Roger Viadero used to be the USDA's inspector general. Now he's developing a computerized system for tracking beef from the farm to the dinner plate that he says would cost only pennies per pound.

New York Senator Chuck Schumer today reiterated his call for such a system.

But Viadero says there are other, more significant gaps in the nation's beef safety system.

VIADERO: USDA and its requisite parts went out and sampled 34 meat plants for removal of the CNS, the central nervous system tissue. OK? Thirty of the 34 plants they reviewed did not do that procedure properly.

(END VIDEOTAPE)

HUNTINGTON: Now, some of the new rules announced today are aimed at fixing that problem. And Agriculture Secretary Veneman reiterated that the U.S. food supply is still safe.

But maintaining public confidence becomes tricky if it takes much longer to track down those 81 cattle from Alberta.

COOPER: Yes, that's right. Doesn't it. Chris, thanks very much for that.

We're going to get a quick look at a number of other stories we're tracking right now, "Cross Country." Let's take a look.

Washington, D.C. Anthrax vaccine defended. The FDA says the anthrax vaccine routinely given to U.S. military personnel and others is safe and effective. That's what they say.

The FDA is responding, of course, to a federal judge's ruling that temporarily halted mandatory inoculations. The judge said the vaccine was an experimental drug, not licensed by the FDA.

Today's ruling by the FDA clears the way for the Pentagon to resume inoculations. But the military hasn't indicated yet when that will happen.

Also in Washington, glad to be back. That's how the State Department says Secretary of State Colin Powell felt when he returned to work today just two weeks after prostate cancer surgery.

Point Wells, Washington. Oil spill contained. The Coast Guard reports crews have contained a roughly 2,000-gallon oil spill from a barge in Puget Sound about ten miles north of Seattle. Now, a spokesman says there's no threat to water supplies or to fisheries.

Los Angeles. Michael Jackson and Islam. The Nation of Islam denies any official part in Michael Jackson's life. But sources close to the embattled pop star say the controversial separatist group is placing -- or playing a significant and critical role in his affairs and future plans. We'll have more on this a little bit later on.

That's a look at stories "Cross Country" right now.

A pregnant woman is killed, the baby taken from her body. Find out what drove the woman accused in this grisly crime to murder.

Plus, avalanche survivor. We'll talk to a man who was buried alive twice and is here to tell about it.

And strange bedfellows. Michael Jackson and the Nation of Islam. Have they taken over his security? We'll take a closer look at the conflicting reports.

First, let's take a look inside the box. Tonight's top stories on the network evening newscasts.

(COMMERCIAL BREAK)

COOPER: In Oklahoma today, a woman appeared in court charged with murder and kidnapping, and the details of the crime are shocking. The woman is accused of killing her pregnant friend and then removing the woman's fetus.

CNN's Ann Kellan has more.

(BEGIN VIDEOTAPE)

ANN KELLAN, CNN CORRESPONDENT (voice-over): Led into court in shackles, Effie Goodson faces two counts of murder in a bizarre case that brutally claimed the life of Carolyn Simpson.

UNIDENTIFIED FEMALE: It would take an animal to do something, the way that her body was found, to do the type of wounds that was inflicted. It was just -- It was awful.

KELLAN: According to investigators, for months Goodson had convinced people, including her husband, she was pregnant. They even had a baby shower for her.

UNIDENTIFIED MALE: That's what the story is around the community, that she was pregnant and she did have a baby shower. And she told everybody she was due to have a baby boy.

KELLAN: Three days before Christmas, police say Goodson was caught on video camera leaving a casino with Simpson.

Police say the two had met about a month ago. Simpson worked at the casino and was six months pregnant. That's the last time she was seen alive.

The day after, Goodson showed up at this hospital holding a dead fetus that she claimed was hers. Doctors say it wasn't.

Three days later, Simpson's body was found in a nearby field, shot in the head, her stomach slashed, the fetus removed.

In court for the arraignment, Goodson said she was sick and off her medication. She pleaded not guilty to the charges. She's scheduled to be back in court the end of January.

Because the fetus could have survived outside the womb, under state law Goodson is charged with the deaths of both Carolyn Simpson and her unborn child.

UNIDENTIFIED FEMALE (singing): Mama's little baby...

Ann Kellan, CNN.

(END VIDEOTAPE)

COOPER: Unbelievable.

Some international stories right now we're looking at. Here's the "Uplink."

Baghdad, Iraq. Roadside bomb. Insurgents carried out an attack on a U.S. convoy for the second time in three days. The explosion in the heart of the capital killed one Iraqi civilian, wounded three others.

Bam, Iran. At least -- at least 28,000 people dead. That is the latest estimate of the number of people who have been killed in last week's 6.6 earthquake. It's feared the death toll could go as high as 50,000, making it one of the deadliest natural disasters of modern times.

Eighty-four Americans and medical teams from 21 countries are helping the thousands of injured and homeless.

Manila, Philippines. American brothers arrested, possibly about to be deported. These two in the yellow shirts. Officials say it's for violating the country's immigration laws. The two are suspected of having ties with terrorist organizations, including al Qaeda. The brothers deny it.

Southwestern China. Successful launch. Take a look right there. The first ever Chinese-European space mission blasted off as planned. The Probe 1 satellite has entered orbit. It is designed to study the Earth's magnetic field.

And in Serbia, Santa literally falls from the sky. A helicopter carrying a man dressed as Santa Claus -- there he is from the back -- crashed in the town's center. Seven people injured, none seriously.

No word on what may have caused the crash. Santa walked off OK, though.

That's a look at tonight's "Uplink."

Time to look into our crystal ball, talk politics 2004. Two- thousand-three was unpredictable year in politics. What does the new year hold?

Let's talk with CNN's -- with political analyst Carlos Watson. He joins us now. Carlos, good to see you. Thanks for being with us.

CARLOS WATSON, POLITICAL ANALYST: Anderson, good to see you.

COOPER: As you look ahead, what do you think? Politically, the No. 1 surprise, you think?

WATSON: No. 1 surprise next year, I think, is that Howard Dean will make this a close election. If you talk to people today and you look at polls, it looks like George W. would beat him by 15, maybe as many as 20 points.

But I think Karl Rove, President Bush's key political adviser, is right, this will be a close election. I'm talking two or three points when everything is said and done.

COOPER: It is amazing when you consider he started off the year, people saying, you know, "Howard who?" And now it's "Howard how?"

I mean, how did this guy go from little known to so well known? It's a been remarkable year.

WATSON: If he does win the nomination, and that's still a big "if," I think there will be a couple of key states. Most people think when I say that I mean the Midwest. I actually mean the Southwest, as well. What happens in New Mexico and Arizona will be important.

COOPER: Democratic ticket for vice president, who do you think?

WATSON: If Dean wins the nomination, in addition to Clark he'll look at two people. One is Bill Richardson, a young governor with lots of foreign policy experience in New Mexico.

And two, get ready for this Anderson, maybe the first time people are hearing this, Sam Nunn. Remember him, the four-term, 65-year-old former senator from Georgia.

The Dean people, I understand, confidentially, have had open conversations with him, initially about foreign policy advice. But who knows? It could blossom into more and he could be on the ticket.

COOPER: The big political battle next year? What do you think that's going to be?

WATSON: The big political battle will have to do with the confirmation of a new Supreme Court justice. Certainly one, probably two.

Don't forget; a number of the people on the court are older. Sandra Day O'Connor will turn 74. Bill Rehnquist, the chief justice, both Stanford Law grads, by the way -- go Stanford -- is going to turn 80.

I think we'll see a major battle when the White House nominates Alberto Gonzales to become the first Hispanic Supreme Court justice. We'll see it this spring, maybe this summer, I predict. COOPER: All right. Carlos Watson, our political Jeanne Dixon (ph) tonight. Thanks very much, Carlos. Appreciate that.

WATSON: Good to see you.

COOPER: All right.

An accident at sea leaves a child dead on Christmas day. Just a terrible story. We're going to tell you about it. We're going to tell you what went wrong and who, if anyone, is to blame. It all happened while watching the whales.

Also tonight, buried alive twice. We'll talk to a man who survived a Utah avalanche.

And Michael Jackson, has he joined forces with the Nation of Islam? You read the story on the front page of "The New York Times" today. We'll talk about that when we continue.

(COMMERCIAL BREAK)

COOPER: Off the coast of Hawaii, a whale watching trip turned into tragedy. The boat collided with a whale, and a 3-year-old child wound up dead.

CNN's Miles O'Brien has the story.

(BEGIN VIDEOTAPE)

MILES O'BRIEN, CNN CORRESPONDENT (voice-over): An innocent Christmas day excursion: whale watching off the coast of Oahu. A humpback is spotted.

The sightseeing boat with more than 50 passengers aboard heads toward the whale. An impact which killed 3-year-old Ryker Hamilton. He died of head injuries. The Coast Guard is still trying to determine what part of the boat he struck.

On this home video, we hear confusion after impact.

UNIDENTIFIED MALE: I can't believe we hit it. I can't believe we hit it.

O'BRIEN: And a woman's voice.

UNIDENTIFIED FEMALE: Please move. Please move.

O'BRIEN: An attorney for the family who provided the videotape says the woman is Ryker's mother.

A pediatric nurse on board tried to revive the boy. A U.S. Coast Guard helicopter arrives at the scene, sends a basket to airlift Ryker out.

Coast Guard officials tell CNN, a Coast Guardsman was in the basket applying CPR and kept it up all the way to the hospital on Oahu. It's too late. Ryker Hamilton is pronounced dead at Queens Medical Center in Honolulu on Christmas day.

The Coast Guard is still investigating the incident. The attorney for Ryker's family says this was avoidable.

RICHARD FRIED, HAMILTON FAMILY ATTORNEY: From the time the whale was spotted until the impact, there was absolutely no maneuver by the ship to avoid the whale nor any decrease in speed.

O'BRIEN: Attorney Richard Fried claims the boat captain had plenty of time and room to maneuver out of the way, at least 300 yards.

Fried claims witnesses say the captain had dropped a microphone, was looking down, not toward the whale, as the boat sped forward and that the crew did not respond properly after impact.

FRIED: After this happened, a nurse took over the CPR, because the crew provided no help whatsoever. No oxygen; no one seemed to be able to give CPR. They really did nothing. And obviously, that's another major concern that the parents and grandparents had.

O'BRIEN: CNN contacted Mike Watson, president of Dream Cruises Hawaii, which owns the vessel "American Dream" and runs these excursions. He says the captain, Monroe Wightman, was the correct captain to have on board, and everything he did was professional and correct.

Watson says what he's hearing about the incident does not support the claim by the family's attorney that the vessel could have avoided the whale.

Coast Guard officials tell CNN there is a federal guideline that no vessel is allowed to go within 100 yards of a whale. The Coast Guard estimates this particular humpback may have been about 50 feet long.

Ryker Hamilton's family plans to head back home to Virginia Beach, Virginia, for his burial.

Miles O'Brien, CNN.

(END VIDEOTAPE)

COOPER: Michael Jackson and the Nation of Islam? Have they really joined together?

Buried alive. How a snowboarder survived a Utah avalanche.

And Jessica Simpson, Paris Hilton, the highs and oh so many lows of our favorite pop princesses.

We'll be right back.

(COMMERCIAL BREAK)

COOPER: Let's "Reset" our top stories right now. New York City, when the big ball drops in Times Square tomorrow night to herald the new year, the huge crowd anticipated will be protected by the most rigorous and expensive anti-terror measures in the city's history.

The celebration is taking place against the shadow of a national Code Orange terror alert, and federal officials say security has been, quote, "ramped up in an unprecedented day."

Washington, D.C. Attorney General John Ashcroft has removed himself from a Justice Department investigation into who may have leaked the name of a CIA operative to the media.

Ashcroft insists there's no actual conflict of interest; he's just concerned about appearances. Chicago based federal prosecutor Patrick Fitzgerald will direct the probe.

Wall Street. Rising tech stocks push NASDAQ and S&P 500 to their highest closes in nearly two years today. The blue chips took a dip after three unexpectedly weak economic reports put investors in a bearish mood.

Washington again. A federal appeals court has turned down Monica Lewinski's request for $1.16 million taxpayer dollars. The former White House intern wanted reimbursement for legal fees related to the probe of her affair with President Clinton.

And that is a look at the "Reset" tonight.

Now to the Michael Jackson case. New information about the claims he was mistreated by police.

And sources tell CNN that the Nation of Islam is playing a key role in the affairs and future plans of the pop star.

National correspondent Frank Buckley is live in Santa Barbara with the latest -- Frank.

FRANK BUCKLEY, CNN CORRESPONDENT: Well, Anderson, first on the allegations of mistreatment.

What we're talking about is that day Michael Jackson turned himself in to authorities here in Santa Barbara last month, when he came in for the booking process.

Michael Jackson told "60 Minutes" on Sunday that he was belittled by sheriff's deputies during that process, that he was locked in a bathroom at one point for some 45 minutes, a bathroom that was covered in feces, and that he suffered bruising on his arm as a result of the way that he was handcuffed.

Now today, Fred Olguin, the chief deputy of the jail there, told Art Harris, our investigative correspondent, that Jackson was in a holding cell for 15 minutes, not 45, and said it was a clean cell. And that yes, he was locked in there, but that is the procedure that they have here in the jail. That he was in and out of the jail after 63 minutes total. That was the total time the booking process took.

Sheriff's department denies any mistreatment of Jackson. They say in fact, that Michael Jackson's own attorney and security thanked them for their professionalism during the process -- Anderson.

COOPER: Obviously, there's some conflicting reports.

There are also conflicting reports connecting Michael Jackson with the Nation of Islam. What do you know?

BUCKLEY: Yes. On that, Anderson, there is some conflicting information that suggests that there is some sort of a management shake-up going on.

We are told by sources familiar with the situation that at least some members of the management of Michael Jackson have had difficulty getting access to Michael Jackson, that specifically Leonard Muhammad, who is the son-in-law of Louis Farrakhan, who is the leader of the Nation of Islam, is playing a, quote, "integral role" in the business affairs of Michael Jackson.

We're told that a couple of Jackson's major business partners, Deeter Reisner (ph) and Ronald Conitzer (ph), have not been able to talk to Jackson for a couple of weeks.

We know yesterday Stuart Backerman, who has been Jackson's chief spokesman, resigned over, quote, "strategic differences."

Now we haven't been able to talk to Mark Geragos, who is Jackson's attorney, over this subject. But the Nation of Islam did issue a statement on this, saying, quote, "The Nation of Islam has no official business of professional relationship with Mr. Jackson. The Nation of Islam joins thousands of other people in wishing him well."

Now we expect to hear more on this subject and others tomorrow. The Santa Barbara County Sheriff's Department plans to hold a news conference in Santa Barbara to refute those allegations of mistreatment -- Anderson.

COOPER: All right, a lot of people will be watching that, no doubt. Frank, thanks very much.

Why might Michael Jackson want the Nation of Islam involved in his affairs? That's the question. Why might the Nation of Islam want to be associated with the pop star?

For one perspective, we turn now to Najee Ali, the director of Project: Islamic Hope in Los Angeles. Thanks very much for being with us, Mr. Ali. What do you think? First of all, you're not associated with the Nation of Islam, is that correct?

NAJEE ALI, DIRECTOR, PROJECT: ISLAMIC HOPE: No, I'm not.

COOPER: Why do you think Michael Jackson might want some sort of association with them?

ALI: I believe Michael, when this crisis happened, wanted to reach out to let the black community know he had not abandoned and forsaken them as many have tried to state and say so by linking himself with the strongest and most pro-black group in America, it played into what Michael thought would be welcoming him into the black community.

COOPER: So you're seeing it as almost a public relations move as well as a security move. Why would the Nation want to be associated with the pop star?

ALI: Obviously, Michael Jackson is the most famous entertainer on the earth. It gives you a great benefit to your group to be associated with someone of his stature. But also, keep in mind that Reverend Al Sharpton, Jesse Jackson, myself, and other black leaders offered our help and support to Michael Jackson also.

COOPER: Yet it's interesting that he has turned to this group, which he has not really been affiliated with in the past. As you say, it sends a message to some people. Do you have any sense of how involved the Nation of Islam is in Michael Jackson's affairs? We've heard about this man, Leonard Muhammad, according to the "New York Times," has an office in Mark Geragos' office.

ALI: Leonard Muhammad is there and we've seen Leonard Muhammad assisting Mark Geragos. Leonard Muhammad has been to Neverland. I do know for a fact the Nation of Islam has provided Michael Jackson with security in a certain sense. I'm not sure how often but they are providing security services. So they are playing a role in Michael Jackson's life every day.

COOPER: And yet, Mark Geragos, Jackson's attorney, denies that the Nation is involved with Michael Jackson. Why do you think, why in your opinion might he do that?

ALI: Well, I believe, obviously, the Nation of Islam does have a controversial image in the past in America. In many circles they're viewed upon as a group that have had a lot of controversy with racist statements. The Nation of Islam is not viewed favorably by everyone in America and it does hurt and harm Michael to be associated with the Nation of Islam in certain circles.

COOPER: And it seems like we're hearing the story now because there seems to be some sort of problems within the Jackson camp, a lot of Jackson's older or long time advisers seem to have some problems with some of these new advisers. Is that a fair summary, do you think?

ALI: It's very fair to say. I'm someone from the very beginning who's always said, I support the Nation of Islam and the good work they do. I think in this situation, it was ill advised for Michael to become involved. Because the last thing Michael needs is more controversy. And certainly, with the Nation of Islam providing security, it creates another controversy on its own.

COOPER: All right. Najee Ali, we appreciate you joining us, thank you very much. From Los Angeles.

In "Justice Served" tonight, a look at Michael Jackson's attorney. This year has seen a lot of high profile cases. And in just about all of them, one name keeps popping up.

(BEGIN VIDEOTAPE)

COOPER (voice-over): In the Chinese calendar, 2003 was the year of the ram. In the legal calendar, it seemed more like the year of the Geragos. 46-year-old defense lawyer Mark Geragos began the year helping Winona Ryder face charges of shoplifting. Then he became Scott Peterson's attorney. And if that wasn't enough, he also began representing pop star Michael Jackson.

MARK GERAGOS, DEFENSE ATTORNEY: And I've been given full authority.

COOPER: For a while there, it seemed like every time you turned on the TV, Geragos was talking. He appeared at least 16 times on "Larry King Live" in 2003 and was only slowed down by a gag order in the Scott Peterson case. There is no gag order however in the Jackson investigation.

GERAGOS: We will land on you like a ton of bricks. We will land on you like a hammer if you do anything to besmirch this man's reputation.

COOPER: Geragos is no stranger to press conferences. In past years he's represented Gary Condit and Robert Downey, Jr., presidential half brother Roger Clinton, to name just a few.

But this year he's joined Johnnie Cochran and the likes in the post O.J. Simpson campion of celebrity lawyers. His own father and associate thinks his son has become something more than an attorney. He says Mark Geragos is now a legal brand.

(END VIDEOTAPE)

COOPER: Well, if you're a celebrity or in trouble, would you want Mark Geragos for the defense? Let's get more on that -- talking about here with Court TV anchor Lisa Bloom who joins us here in New York. Nice to see you, Lisa.

And in Miami, criminal defense attorney Jayne Weintraub. Jayne, good to see you as well.

Lisa, let me start off with you. Why Mark Geragos? Why has he become, you know, in this pantheon of celebrity lawyers?

LISA BLOOM, COURT TV ANCHOR: Well, like Zsa Zsa Garbo, I think he's famous for being famous. I think celebrities like to hang out with other celebrities, they understand each other. And to be fair to Mark Geragos, I think he does understands the PR value of a case. Somebody like Michael Jackson is more concerned probably with his public image than the outcome of this case. Geragos understands the media. COOPER: Jayne Weintraub, is Mark Geragos, is his expertise in PR or is it in law inside the courtroom?

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: I think that he has years of litigation experience. He's a very well known, highly reputable criminal defense lawyer and has been for years and years. The celebrity fame is of recent and really of this year as you mentioned. Particularly in the spotlight. Mark has enjoyed a terrific reputation.

COOPER: Jayne, does the fame attract more fame? I mean, does the fact that his name is in the papers then attract more clientele?

WEINTRAUB: It does. And once you're out there and successful, and once the success starts to spin as it does with Mark, he becomes more and more successful, more and more in demand. That is what happened here.

BLOOM: But you know, he's got a very compliant media that rarely checks its facts. For example, today he's quoted in the "New York Times" as saying that the prosecution has played the race card. Everything the prosecution has said is a matter of public record. I looked it over. They have never once made a reference to race.

Geragos does that time and again. He says one thing in the media, like in the Scott Peterson case, that there are satanic cults, in the courtroom, the judge says you have no evidence to support that.

WEINTRAUB: Now you're talking about the evidence and the case. You're not talking about the lawyer and his way to litigate.

BLOOM: I'm king of old fashioned. You know, evidence and facts are important for attorneys and saying something different publicly than what you say in the courtroom is bad form.

WEINTRAUB: Lisa, don't get me started on Laci Peterson. The satanic cult has evidence, there's evidence of a satanic cult but the judge in that case, and you know it, it came in discovery from the prosecution. Mark has every right to bring that up.

COOPER: How much of fighting court battles today in sort of the realm that Mark Geragos is working in is a matter of making public statements, is appearing on "Larry King Live," is talking in front of the cameras? Is that now part and parcel of being a celebrity attorney today?

WEINTRAUB: I don't think so. I think that being a celebrity lawyer is representing a client who is a celebrity, successfully. You know, it depends on the case and the evidence. For example, we don't go by track records or win/loss records because that has no meaning. It's meaningless.

You have to go by the evidence. Winona Ryder was videotaped committing a crime. Perry Mason, who never lost a case in 20 years on TV, would have lost that case. To say that Mark Geragos isn't successful would be wrong. BLOOM: There's another example where he said in the media that there were receipts that were going to exonerate her. And once he was in court, they never materialized. He doesn't get called on that because most of the media is consumed with the idea that he's just a celebrity attorney and he gets a free pass, he gets hired again in another high profile case, and he becomes famous for being famous not for actually getting results in the courtroom like, say, Johnnie Cochran. He doesn't actually achieve much by way of success for his clients.

WEINTRAUB: He got Susan McDougal out of jail, Robert Downey out of jail. I mean, time and time again, the guy's proven to be a very good lawyer. I don't understand what your complaint is. Is it that he's gotten too many cases?

BLOOM: Well, we'll see how the Scott Peterson and Michael Jackson cases turn out.

BLOOM: All right, we'll leave it there. Jayne Weintraub in Miami, always good to talk to you. Lisa Bloom as well here in New York. Thank you.

COOPER: Just an amazing story we're about to tell you about. He dug his way out of an avalanche only to be buried by another tsunami of snow. In a moment, you're going to meet a young Utah snowboarder who, just days ago, was buried alive.

Also, an artist gets in trouble with the makers of Barbie? What's up with that? We're going to hear what a judge had to say. It was a naked Barbie at that.

(COMMERCIAL BREAK)

COOPER: Cnn.com/360. Send us e-mail anytime. Love to hear from you.

We go now to Utah where it has been another day of waiting. Waiting for the snow to stop, waiting for the weather to clear, waiting for word on two missing snowboarders buried in after avalanche.

CNN's Adrian Baschuk has the latest.

(BEGIN VIDEOTAPE)

ADRIAN BASCHUK, CNN CORRESPONDENT (voice-over): The search for two missing snowboarders, Rod Newbury (ph) and Adam Mertz (ph) is suspended through. Rescuers spirits were hopeful before the weekend before 30 mile per hour winds and more snow hit.

UNIDENTIFIED MALE: We will not stop all searching until we've found all the victims.

BASCHUK: Avalanche experts calculate a victim buried in snow only has a 5 percent chance of survival after just three hours of being trapped. It's been five days since the search began. Last Friday, five life long friends embarked to snowboard in back country, the most prone areas avalanche researchers say to sliding snow. 29 inches of snow fell the day before their trek. Two of the friends, including J.D. Settle, survived.

J.D. SETTLE, AVALANCHE SURVIVOR: The best way to describe it is snow making an earthquake. I was thinking, crap, here comes that avalanche.

BASCHUK: Sunday, a ski gray hat was sniffed out by a dog. The hat belonged to 19-year-old Mike Herbert (ph), whose body was found.

Dale Brown a separate survivor who saved his children, still hopes for the best.

UNIDENTIFIED MALE: We really felt like our lives have been preserved. Feel just very sad for the families of the boys who are still caught in the slide area.

BASCHUK: To continue the search tomorrow, rescuers must trigger explosive devices clearing the search area they believe is still prime for avalanches.

Adrian Baschuk, CNN, Denver Colorado.

(END VIDEOTAPE)

COOPER: J.D. Settle, the young man you saw in that story, was lucky to survive. The body of one of his friends has already been recovered, two more of his friends are still missing. J.D. joins us tonight from his home in Orem, Utah. J.D. thank you very much for being with us. Take us back to that day, you're on the slope, you were snowboarding. You heard rumbling. Then what happened?

SETTLE: Actually, we saw it before we could hear it. It -- the snow that caused the avalanche came from the ridge above us. And you could see the snow, and then it's about, I don't know, 100, 150 foot drop and the snow just dropped down into our chute. And didn't even have a chance to make five steps before all that snow was right on top of us.

COOPER: Were you able to call out? Were you able to call out at all? You say you ran just five steps.

SETTLE: No, not really. Just as soon as that snow hit, I just -- instinct, I knew that I had to get my hands up to my face, to get an air pocket. Then just ride that snow all the way down and hope for the best after you're buried. And I was able to dig myself out.

COOPER: So you run five steps, you're hit by this tidal wave of snow. And I mean, did you -- how far did it take you?

SETTLE: The first avalanche that I got caught in took me about 300 to 400 yards down the mountain. And then I dug myself out and started searching for my friends. And I ran over to the trees and had broke off a branch for a probing pole. And I'd started searching for them. And then I got hit by a second avalanche. And that one took me all the way to the bottom.

COOPER: And how much were you buried in that second avalanche that hit?

SETTLE: The first one I was buried about three and a half feet down. In the second one, I didn't have but 10 inches on top of me, but it was just wetter snow. It was so much more compact that I couldn't dig it out anymore. And I got an air pocket and I managed to be able to get the top of my head out of the snow. And then two other people that were up there on the mountain after a while of being trapped in the snow had come to my rescue and dug me out.

COOPER: You know, sometimes people talk about the stuff sort of feeling like it's in slow motion. Did it feel that way? Or did it happen just in the blink of an eye?

SETTLE: Oh, no, it happens really fast. I mean, I've seen the snow, and then it was there just like that. Then the second one, I didn't even know was coming. And it was over before I even knew it.

COOPER: Well, J.D., you are lucky to be alive, as you well know, and we appreciate you talking with us tonight. I know two of your friends are still out there. And I know the investigation continues, and as soon as the weather clears up, people continue to hope to search and find them. We appreciate you joining us tonight. J.D., thanks.

Every week, we like to check up on a story that was once cable news catnip, now all but forgotten, proof of "How Quickly we Forget."

Do you remember last April, at a house in Riverside, California, authorities found big cats dead, cubs frozen in a freezer, more in dire distress.

National Correspondent, Gary Tuchman has tracked down for us what happened to the surviving tigers.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): Tigers with a fighting chance for a normal life.

CHUCK TRAISI, WILD ANIMALS ADVOCATE: It's a scene that will haunt me forever. It was like something out of the set of a bizarre horror movie that was being produced in Hollywood.

TUCHMAN: Chuck Traisi is an advocate for wild animals now in charge of rehabilitating 39 tigers allegedly subjected to mistreatment. Two people have been charged with counts of animal cruelty and neglect. One of them John Weinhart, the other his partner Marla Smith, accused of mistreating tigers, lions, and other animals in their home and at the refuge the couple operated in San Bernardino County, California. They go on trial next month. They have pled not guilty.

ADDISON STEELE, ATTORNEY FOR JOHN WEINHART: I think that a lot will come out at trial that hasn't come out so far.

TUCHMAN: However, some of the animals have been sent under court order to animal sanctuaries but these tigers remain as they await construction of a permanent refuge in northern California.

BETSY MURRAY, ANIMAL SANCTUARY VOLUNTEER: Coming here on Monday is the highlight of my week.

TUCHMAN: Betsy Murray is one of 400 volunteers who have helped care for the tigers since their alleged mistreatment.

MURRAY: We change the tanks, feed them. They're in way better shape now than they were at first.

TUCHMAN: If all goes as planned, these tigers will go to a 2,300 acre state of the art home in two months.

TRAISI: These cats will never be on concrete again. They will enter from here into a quality of life that they never could have dreamed of.

TUCHMAN: Gary Tuchman, CNN, Los Angeles.

(END VIDEOTAPE)

COOPER: "How Quickly we Forget."

A couple of silly items caught our attention. A quick look at the current.

Free speech Barbie?

A federal appeals court has dismissed a copyright lawsuit by Mattel against a Utah artist who shot photos of naked Barbie dolls with household appliances. Naked Barbie in a blender, naked Barbie wrapped in tortillas, naked Barbie cooking on a wok. Barbie herself couldn't be reached for comment, but we saw statement from the Malibu dream house saying the photos were done tastefully and she regrets nothing.

In a related story, the Anderson Cooper doll briefly staged a naked protest outside CNN studio's claiming artistic unity with Barbie. Critics called it a desperate cry for help.

The naked Anderson Cooper doll. All right.

In banter not seen since the days of Lady Astor and Winston Churchill, Britney Spears and Christina Aguilera are trading insults in "Blender" Magazine. Christina says Britney seems like a nervous lost little girl. Britney says it's the other way around, and tell a story about Christina coming up to her in a club and "in front of all these people tries to put her tongue down my throat." To that we imagine Britney would say, yes. To which Christina would scoff, yes whatever. Why can't these kids just get along?

And finally movie ticket prices in New York City have surpassed the $10 mark. Two chains in the city are charging $10.25 for adults, $6.75 for kids. Bottom line, it would cost a family of four more than $30 to see "Dr. Sues' Cat in the Hat" this weekend. It kind of makes you wish that was available in book form in some way, doesn't it?

And that's a look at tonight's "Current."

Saying goodbye to people who passed on this year and had an unusual impact on our lives. We are going to come back with that and more. We'll be right back.

(COMMERCIAL BREAK)

COOPER: You're looking at a live picture of New York's Times Square. Tomorrow night that's going to be packed with thousands of revelers. I'll be there live as well, starting at 11:00 p.m. Eastern time. Hope you join me for that.

It's an old tradition late in December, to say goodbye to some of the famous people who died in the year just ending. That's what a lot of TV shows do, but we thought we'd introduce you to some people you may not have heard of. But they are people we may not see the likes of again. And we owe them more than we know.

Sonora Webster Carver died this year. She made it to the age of 99. That's remarkable all by itself, of course. But even more remarkable when you consider what she used to do for a living. Her job, which inspired a Disney movie, was to fall 40 feet straight down into a tank of water on horseback. Yes, that's right, for 20 years, Sonora Webster Carver was the famous horseback diver at the Steel Pier in Atlantic City. An accident left her vision impaired, but she kept right on diving.

In June, at the age of 78, Arnold Nawrocki died. He was the thinker behind this, the individually wrapped slice of cheese, and the machinery to do the job, which is diagrammed behind me. Arnold Nawrocki saved a whole lot of us a whole lot of trouble. No more torn off corners, no more trapezoids and other bizarre, origami-like cheese shapes. Just nice, complete, rectangular slices. Thanks, Mr. Nawrocki.

While we're in the kitchen, we ought to say goodbye to John C. Burns. No, we didn't know his name either, but his face stares at us many mornings. John C. Burns was the model for the guy on the Quaker Oats box. In real life, I don't think John Burns really wore the hat, but he had a heck of a comforting face.

Walter Zapp died this year. The cameras of his day were too bulky for him comfortably to carry around, he used to say, so he put on his thinking cap and designed and built this, this little guy, the Minox. How many spies, actual, bona fide spies and widescreen spies and spy wannabes have crept making surreptitious snaps with one of these? Makes you feel daring just to look through the thing and go like this.

You say we're ignoring the entire world of entertainment in these farewells of ours? And maybe you're right. We have until now, that is. Silly really, because a whole lot of big movie stars died this year. And here is to the biggest of them all. Keiko, the killer whale, who played the title role in those "Free Willie" movies. Keiko was freed too when filming was done and shipped to Iceland to be among other whales, but he seemed not to have much interest in the company of his own kind. It must be hard to talk krill and plankton all day after you've been hot stuff in Hollywood. Anyway, the world's biggest movie star died this year, apparently of pneumonia. And all shall be missed.

Tomorrow night, 360 goes "365." A look back at the top stories of 2003, in a very unique way. Here are just some of the images you can expect to see.

(BEGIN VIDEOTAPE)

PAUL BREMER, U.S. CIVIL ADMINISTRATOR IN IRAQ: Ladies and gentlemen, we got him.

SATINDER BINDRA, CNN CORRESPONDENT: Right behind me and all across in this neighborhood, wild celebrations have broken out. As you mentioned, this is a very, very dangerous place at the moment, because in typical Iraqi fashion, thousands of people are firing.

NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT: With each wave of attack, the heavy anti-aircraft gunfire start up on the outskirts of the city, and then move in, and be very loud and very strong in the center of the city, as planes or whatever it was, arrived right over the center of the city.

MARTIN SAVIDGE, CNN CORRESPONDENT: Before your mind could even grasp something has been fired, this tremendous explosion. And shattering glass. And you realize, we were under attack. And it was just an amazing scene. It was the first time we went live, I think it was the first time anybody was going live in actual combat, and people in their living rooms could watch it all play out.

MILES O'BRIEN, CNN CORRESPONDENT: I knew in an instant that it was a very ominous thing, and that the crew was most likely lost.

Here's what we're seeing. It is very significant, what you should look at. Multiple trails, multiple indication of multiple targets there as the space shuttle streaked over Dallas, Texas.

UNIDENTIFIED MALE: During our live shots, it was a pretty impressive show. They were burning up a garage that was three, four, five feet high, and several hundred yards of it. And as we were doing our live shot, the wind shifted direction a little bit, blew that hot air from the fire onto the cold air where we were and it created a fire storm, or a fire tornado. And this thing -- it just came out of nowhere. You know, firefighters were running there, going, telling everybody, get out, get out.

(END VIDEOTAPE)

COOPER: Some of the most dramatic stories of the year by the CNN correspondents who covered them. That will be "365" tomorrow night, 7:00 p.m. eastern. I'll also be in Times Square live for the dropping of the ball, starting 11:00 p.m. Eastern time, all the way to 12:30 a.m.

Well, one Iraqi official is claiming Saddam Hussein is now talking to interrogators. Coming up, we take his story telling to "The Nth Degree."

And tomorrow, well, join me live in Times Square. I'll say it again. As we ring in the new year. Our special starts at 11:00 p.m. Eastern time. That's a live picture right now in Times Square. It's going to be crazy there tomorrow. We're going to have some special guests. Hugh Hefner. Who knows who he's going to bring along, a bunch of other people. Cyndi Lauper. I'm not even sure who else is going to be there, but it will be fun. 11 p.m. Eastern time.

But first, today's "Buzz" question. Do you think the terrorist threat has been exaggerated? Vote now, at cnn.com/360. We'll have those results when we come back.

(COMMERCIAL BREAK)

COOPER: We asked you, do you think the terrorist threat has been exaggerated? Here's what you said. Fifty-seven percent of you said yes, 43 percent no. Not a scientific poll, of course, there it is, just "Viewer Buzz."

Tonight, story telling to "The Nth Degree." You know the famous tale of 1,001 Arabian nights? Shahrazad, a beautiful young woman is forcibly married to a lustful king who likes a fresh wife every night. He has his way with them, then does away with them. Shahrazad figures to avoid that fate by spinning fantastic, fascinating, cliff-hanging stories, stories continued from night to night. The idea, stay alive by keeping the king's interest alive.

Remind you of anyone who's been in the news recently? Well, according to one Iraqi official, Saddam Hussein is talking, telling stories about the $40 billion he says he hid in international accounts. Maybe it's true. Maybe it's not. But a $40 billion story is a good thing to have up your sleeve in case you need, oh, you know, maybe an extra pack of smokes or a new toothbrush. It's the old "I know something you don't know" maneuver. If we're on the right track, if Saddam really is a mustachioed Shahrazad, spinning tales to stay alive, who knows where this may lead. Perhaps he'll soon claim to be privy to other bits of information. Where Jimmy Hoffa's body is buried. Who made those crop circles in England. The real identity of Deep Throat. Maybe even the secret of the Bermuda Triangle.

Sure, there's plenty of real information he could divulge, and let's hope that he does. But facing an uncertain future, all interrogators may get out of him are tales worthy of the Arabian nights.

That wraps up our program tonight. Coming up next, "PAULA ZAHN NOW."

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Beefing Up Security for New Year's; Ephedra Banned by FDA>