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Anderson Cooper 360 Degrees

Flight Fears: Cancellations, Delays; Iraq Conflict: U.S. Soldier Dies

Aired January 02, 2004 - 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 (voice-over): Fighter jet escorts: flights grounded, new fear in the friendly skies.

A chopper downed in Iraq: the latest on casualties and the cause.

The human form of mad cow. Meet the only known U.S. resident afflicted.

The croc hunter takes his baby to work. Crikey. Did he go too far?

Why did the owner of a dog that mauled a woman get a parole break?

And "Sex in the City" reaches its climax.

(END VIDEOTAPE)

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

COOPER: Good evening. Welcome to 360. Thanks for joining us.

Just hours ago we learned that the hunt has intensified for the person or persons who outed a CIA officer. According to an exclusive story on "TIME" Magazine's Web site, the FBI is pressing members of President Bush's inner circle to sign a document letting journalists divulge their sources. We'll have more on that coming up tonight.

First, our top story, flight fears. British Airways canceled a flight from London to Washington, D.C. yet again. It is just one of many planes grounded or delayed over the past few days all because of concerns that al Qaeda may use the weapons.

Justice correspondent Kelli Arena brings us up to date on the terror front.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE DEPARTMENT CORRESPONDENT (voice-over): Officials tell CNN intelligence from an informant and other sources regarding British Airways Flight 223 is what led to its cancellation for the second straight day. Sources say the information had nothing to do with the passenger list, but instead, focused on the flight number.

UNIDENTIFIED MALE: I think the public understands that there's always a general threat. But you don't take action to inconvenience passengers, to cancel a flight, unless there is specific and credible information that relates to that flight.

ARENA: There remains some question as to the credibility of the information. Still, officials say they simply cannot take any chances. Two Aeromexico flights headed to Los Angeles were also canceled this week, and at least one other was escorted by military fighter jets. The military also accompanied at least one Air France flight into the United States. Officials admit the moves are extraordinary considering the repercussions, but they're not ruling out more cancellations.

SEN. KAY BAILEY HUTCHISON (R), TEXAS: It is very important to be more cautious rather than less cautious. And though I know it is inconvenient for many passengers, nevertheless, I would rather err on the side of caution to make sure that we don't have an accident that we could have prevented.

ARENA: Sources tell CNN the one major problem with the intelligence is that it is not time specific. There was information regarding a possible threat on New Year's Eve, but that date passed without incident.

(END VIDEOTAPE)

COOPER: Kelli Arena joining us now.

Kelli, do U.S. officials believe that al Qaeda is actually in operation mode right now?

ARENA: Anderson, yes. There is intelligence to suggest that they may be in the operational stages of an attack, which is why we're at orange alert, which is why you see actions being taken like we have seen in recent days. But again -- and I hate to keep saying this, because I sound like a broken record -- there is nothing specific in terms of a method or a target. It is just information that steadily is coming in that officials are acting on.

COOPER: All right. Kelli Arena, thanks for the update tonight.

The new year in Iraq now has begun with new violence. One American soldier died, one was injured today when an observation helicopter was shot down over Fallujah. Soldiers securing the site of the downed helicopter also came under fire, but they were not hurt. Meanwhile, Sunni Muslims demonstrated in Baghdad, where they say U.S. forces desecrated a mosque during a weapons raid.

Satinder Bindra has that.

(BEGIN VIDEOTAPE)

SATINDER BINDRA, CNN NEW DELHI BUREAU CHIEF (voice-over): (UNINTELLIGIBLE) run high outside Baghdad's (UNINTELLIGIBLE) Mosque. The Sunni Muslims who worship here every Friday are intense after U.S. forces raided their mosque Thursday. "America is the enemy of god," they chant. These worshipers say U.S. tanks tore down the masque's main gate and their presence desecrated holy territory.

UNIDENTIFIED MALE (through translator): We say to America, don't be against Sunnis. By god, every Sunni will be a missile.

BINDRA: U.S. forces say the raid was conducted here in conjunction with Iraqi security forces.

BRIG. GEN. MARK KIMMITT, U.S. ARMY: This mosque was being used for purposes other than free religious expression.

BINDRA: At a news conference, U.S. forces displayed pictures of a large arsenal of weapons, sticks of explosives, TNT grenades, grenade launchers, AK-47s and magazines that they say were uncovered there. Thirty-two people, including the Mosque's top religious leader, Imam Medi Amed Sumedi (ph), have been taken into custody. The U.S. says it appears some of those in custody are "foreigners."

Crying out for a holy war against the Americans, these protesters deny the mosque was used for terrorist activities. They say it was raided because clerics here had just set up a council to politically mobilize Iraq's Sunnis.

(on camera): These protesters want the Americans to immediately release Imam Medi Amed Sumedi (ph) and his supporters, otherwise, they warn they'll launch a movement to resist the American occupation here.

(voice-over): Invited by senior Sunni leaders, I went inside the mosque. Here, I was shown broken doors, offices that had been turned upside down and safes that had been pried open. But this is what has inflamed religious passions most. I'm shown a Quran which religious leaders allege was torn by U.S. troops.

KIMMITT: We are aware there were some allegations that coalition forces in fact tore open a Quran. There's no evidence to support that.

BINDRA: These Sunni leaders remain adamant the Americans were insensitive. They point to half-eaten American meals littered around the mosque grounds as evidence of the U.S. soldiers' behavior.

KIMMITT: The greatest care was taken by coalition forces to up hold the sanctity of the mosque and to use the minimal amount of force necessary to conduct the operation.

BINDRA: U.S. forces say they came here only after reliable intelligence to notch another victory in their fight against terrorism.

(END VIDEOTAPE)

BINDRA: So Anderson, two very different versions of what happened at the mosque. Iraqis aware now of both versions. And we'll find out over the next few days which version of the story they believe.

Back to you.

COOPER: All right. Let's hope it doesn't escalate. Satinder Bindra, thanks very much.

The death toll from that earthquake in Bam, Iran today stands at some 30,000 people. Search and rescue operations, well they've generally ended. But amazingly, some people are actually still being pulled out of the rubble alive. It's been more than a week.

Yesterday, a man, a child and a pregnant woman were saved. That is the man there. He's in bad shape but he is alive.

In all, 11 people have been rescued over the past few days. The quake left, of course, 80,000 people homeless, roughly one in three people in the area. And humanitarian groups are rallying.

One person who will not be going to Iran to help, however, at least for now, is North Carolina Senator Dole. Suzanne Malveaux on the reasons why from Crawford, Texas.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): In Iran, the formal search for survivors is over. Now perhaps even the tougher job is dealing with the aftermath. The Bush administration offered to send Senator Elizabeth Dole, former president of the American Red Cross, to Iran to head a high level humanitarian mission to aid the earthquake victims. But Iran said, no thank you.

ADAM ERELI, STATE DEPT. SPOKESMAN: Given the current situation in Bam and all that is going on there now, it would be preferable to hold such a visit in abeyance.

MALVEAUX: U.S. Ambassador to the U.N., John Negroponte, contacted Iran's U.N. representative last Tuesday to propose the mission. A green light would have made Dole the first public U.S. official to visit Iran since the 1979 hostage crisis. An unidentified member of the Bush family would have also been part of any potential delegation. U.S. officials say Iran's denial was not political.

ERELI: The offer was not made for political reasons and we don't see the rejection as a -- we don't see the response as political, either.

MALVEAUX: Tehran's decision underscores the mutual suspicions between the two nations whose diplomatic ties were severed nearly 25 years ago. On New Year's Day, President Bush warned...

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The Iranian government must listen to the voices of those who long for freedom, must turn over al Qaeda that are in their custody, and must abandon their nuclear weapons program.

MALVEAUX: Since the quake, the White House has sent relief and eased aid restrictions to Iran, both welcomed by the Islamic republic.

(END VIDEOTAPE)

MALVEAUX: Now, this is widely seen as progress, and improved relations between the U.S. and Iran, but there's a fierce debate that is taking place within the administration as to how far and fast that can happen -- Anderson.

COOPER: All right. Suzanne Malveaux, live in Crawford. Thanks, Suzanne.

In Albany, New York, investigators are under way into a deadly police shooting on New Year's Eve. Here's what happened. They were chasing an erratic driver, the police fired shots. Two innocent bystanders were hit, one killed.

CNN national correspondent, Gary Tuchman, has the latest.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): He was a college graduate, an eagle scout taking a walk near his home on New Year's Eve when gunshots rang out.

UNIDENTIFIED MALE: The only thing we do know is one of the officer's bullets struck this poor, young man.

TUCHMAN: Twenty-four-year-old David Scaringe (ph) died at the hospital, the innocent victim of a police chase gone bad.

UNIDENTIFIED MALE: It's an unfortunate tragedy that we will look into. We will make sure that, you know, all things were followed that should have been. And if they weren't, people will be held accountable.

TUCHMAN: The subject of the car chase, Daniel Reed (ph), is now under arrest, charged with reckless endangerment. Police say he was stopped because he was driving erratically and then took off on Albany, New York's downtown streets. Police chased him and boxed him in. He turned the car around once and...

UNIDENTIFIED MALE: Then he reversed direction, came down, and that is where the shooting occurred.

TUCHMAN: Police say eight shots were fired at the car by two different officers. The Albany police chief says his officers are allowed to fire if they feel lives are at grave risk.

UNIDENTIFIED MALE: He was attempting to run over our police officers.

TUCHMAN: A second innocent man was also hit apparently by a ricochet.

UNIDENTIFIED MALE: Because if it didn't hit something else first, I probably wouldn't be walking light now. So I'm highly grateful for that.

TUCHMAN: The suspect got away but was later arrested at his home. Authorities say this police officer, Joe Girace (ph), fired seven times. And that this officer, William Banani (ph), fired once.

UNIDENTIFIED MALE: Right now, we don't know which gun fired the fatal shot.

(END VIDEOTAPE)

TUCHMAN: A candlelight memorial has been set up where the 24- year-old victim was shot. Both police officers have been taken off the streets, but they still have desk jobs with pay while an investigation begins. It's very likely a grand jury here in Albany County will get the case and will try to determine if there is evidence that there was a police crime. But once again, investigators have to find out first which officer fired the fatal shot.

Anderson, back to you.

COOPER: All right. A lot of questions remain tonight. Gary, thanks very much. Gary Tuchman in Albany, New York.

Right now, we're following a number of other stories "Cross Country." Let's take a look.

Washington, D.C.: CIA leak, investigation flap. FBI investigators are pressing Karl Rove, President Bush's senior police call adviser, to release reporters from any confidentiality agreements they have signed and to let journalists tell whatever they know about the outing of a CIA officer. We're going to have more on this developing story later on.

Chantilly, Virginia: security director suspended. The Transportation Security Administration says the security chief at Dulles International Airport was placed on administrative leave. The TSA says the move was made after the director was arrested on DUI charges Thursday morning.

New York: media warning. The judge in the Martha Stewart case is telling reporters to stay away from prospective jurors. Jury selection is set to begin Tuesday. Stewart is accused of lying to investigators about her 2001 sale of ImClone Systems stock a day before its value plummeted. The home decorating queen says she has done nothing wrong.

Columbia, South Carolina: big winners cash in. Take a look, there it is. A North Carolina has claimed the half of the $220 million powerball jackpot. They're going to have a good new year, let's hope. The holder of the other winning ticket sold outside York, Pennsylvania has not come forward yet.

That's a look at stories "Cross Country" tonight.

So what can happen if you eat mad cow infected meat? We're going to introduce you to a 24-year-old woman, the only U.S. resident living with the disease. Her story is heart-wrenching.

Plus, dangling baby. We're not talking about Michael Jackson. Take a look. Now it's the croc hunter taking his newborn to work, outraging a lot of people.

An historic quarterback accused of sexual assault. Should he be allowed to take the field in tonight's big Fiesta Bowl Game?

First, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COOPER: Well, the latest on mad cow disease now. Authorities have quarantined a third herd in Washington State after locating an infected cow. Health officials maintain it is still safe to eat beef and that people shouldn't worry about getting sick.

Unfortunately, one family here in the U.S., well, they know all too well what the consequences can be of eating tainted meal. CNN medical correspondent Holly Firfer reports.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN MEDICAL CORRESPONDENT (voice-over): This young woman should be finishing up her master's degree or planning her future. Instead, she has become a statistic. Twenty-four-year-old Charlene -- her parents don't want us to use their last name -- is the only person living in the United States suffering from the human form of mad cow disease.

This is what Charlene looked like when CNN brought you these exclusive pictures over a year ago. Then doctors told her parents she had just about three months to live.

UNIDENTIFIED FEMALE: Stretch your leg and I'll move it. Yes. Come on.

FIRFER: And yet, Charlene is still alive today. Doctors at the Centers for Disease Control and Prevention are sure Charlene contracted the disease in the United Kingdom, not in the United States. Charlene lived in England until she was 13, before moving to Florida 11 years ago.

So far, 143 people in Britain have contracted the Variant Creutzfeld-Jakob Disease, or VCJD, also known as the human form of mad cow. Six of them are still alive.

A statement from the British Health Department illustrates how much is still unknown about the VCJD. "It is likely to be some years before we are able to make soundly based predictions about the future course of the disease."

Twenty-first century medicine has found no cure yet. But Charlene's family will not give up. They bathe and feed her, care for her around the clock. PATRICK, CHARLENE'S FATHER: How Charlene's mom does it, I don't know. And I really don't know. I'm amazed every day.

FIRFER: A neurologist who saw our original report on Charlene's condition was willing to try something new. He offered to give Charlene hyperbaric treatment, pumping pure oxygen into her lungs, which may help the brain function better.

UNIDENTIFIED MALE: And after 192 treatments, she's not only alive, but she's beginning to try to talk. She's responsive with simple commands. Still a long ways to go.

FIRFER: So what was the family's reaction to the announcement by U.S. officials that a cow in Washington State had tested positive for mad cow disease and that it's still safe to eat beef?

SHARON, CHARLENE'S AUNT: I was very upset. I was very upset. I was very upset that the lessons have not yet been learned.

PATRICK: It is like being in England all over again, reliving this (UNINTELLIGIBLE) thing and being told that the meat is safe to eat.

FIRFER: Both Charlene's father and aunt say they are not against the beef industry but they do worry that another parent's child could fall victim to VCJD.

Holly Firfer, CNN, Atlanta.

(END VIDEOTAPE)

COOPER: We've been getting a ton of e-mails about this story. And I just want to point out to viewers, according to the CDC, Charlene is the only known person in the U.S. living with Variant Creutzfeld-Jakob Disease, a disease first discovered in 1996 which is caused by eating tainted meat, as we said. The average age of victims is mid to late 20s.

Now, some of our viewers have confused VCJD with classic Creutzfeld-Jakob Disease. Classic CJD has been around for over 100 years. Cases occur about one in a million worldwide and usually strike people in their 60s and 70s.

Right now, we're following a number of developing stories overseas. Let's take a look in the "UpLink."

North Korea: doors opening? State Department officials say a private delegation from the U.S. hopes to travel to North Korea next week and it may visit this nuclear plant Pyongyang. They emphasize the trip is unofficial.

Rio De Janeiro, Brazil: tit for tat. Furious over American plans to start fingerprinting and photographing millions of visitors entering this country, beginning Monday, Brazilian police reciprocate the gesture. Today, they began fingerprinting and photographing every American tourist entering Brazil. Port-au-Prince, Haiti: calm reins after a day of violent protest and celebrations marking the 200th anniversary of Haiti's independence from France. Streets were filled with thousands of demonstrators both for and against the country's president, Jean-Bertrand Aristide.

And Mars: here comes NASA again. After a 7-month journey and 303 million miles, a NASA rover is preparing to make a risky red planet landing. It is planning to speed like a bullet, and if all goes as planned, land with a bounce on Mars tomorrow night. We wish them luck.

That's a look at the "UpLink" tonight.

When you hear the phrase "baby dangling," you probably think of Michael Jackson on a balcony. Well, we're not sure what TV crocodile hunter Steve Irwin was thinking, but he has sparked an outrage and a possible police investigation after a shocking stunt involving a hungry crocodile and his 1-month-old son.

ITN's Dan Rivers reports.

(BEGIN VIDEOTAPE)

DAN RIVERS, ITN (voice-over): : As publicity stunts go, this one was bound to cause outrage.

STEVE IRWIN, CROCODILE HUNTER: And look! Good...

RIVERS: The baby is Steve Irwin's son, Bob. He's just four weeks old and only an arm's length from a 12-foot crocodile at Steve's wildlife park in Queensland. It was billed as the baby's first chance to feed a crocodile. Thankfully, it didn't end in tragedy.

We showed the footage to a child safety expert who, despite her soar throat, pointed out that if it happened here, the social services would have been called.

UNIDENTIFIED FEMALE: This is all very worrying (UNINTELLIGIBLE). And parents has a big responsibility. And I think celebrity parents even more so.

RIVERS: Of course, this isn't the first celebrity to be criticized for handling a baby dangerously. But Michael Jackson apologized almost immediately, issuing a statement saying he made a terrible mistake.

Steve Irwin, on the other hand, says he's just teaching his son to be croc aware. The Queensland Police may not share that view, however. They, along with child protection and health and safety officers, are considering whether to prosecute him.

Dan Rivers, ITV News.

(END VIDEOTAPE)

COOPER: Well, here's a statement from Animal Planet. It says it "does not support any activity that intentionally places a child in harm's way." It goes on to say, "Based on the footage we've seen, we believe a mistake was made. That said, we know from the many years that we've worked with Steve that his family is the most important thing in his life and he takes his role as a father very seriously."

There you have it. Time now for a fast fact. This is actually not the first time that croc hunter, Steve Irwin, is, well, let's say cavalier with his kids. Take a look at these pictures that we found on the Australian zoo Web site.

You can see Steve Irwin happily posing with his wife and first child, Bindy Sue (ph), and, yes, a crocodile. Also with a tiger. And there's one more, the happy family with a massive snake.

The online caption of this picture says it all. It reads "Bindy Sue Irwin (ph) was born July 24, 1998, and no, she isn't a squeamish type."

There you go.

She was involved an infamous dog mauling case. Her neighbor ripped to shreds in their hallway. Find out why this woman, Marjorie Knoller, is already back on the streets.

Also tonight, a Kansas State quarterback accused of rape as the team prepares to take the field in the Fiesta Bowl. Will the coach let him play? We'll find out.

And that leads us to tonight's "Buzz." What do you think? Should the college quarterback who's been accused of sexual assault, accused, not charged, should point out, should he be allowed to play in tonight's Fiesta Bowl? Vote now: cnn.com/360. Results at the end of tonight's program.

(COMMERCIAL BREAK)

COOPER: Well, a new twist in the CIA leak investigation in Washington. CNN has confirmed that the FBI is pressing some people in President Bush's inner circle to let journalists tell whatever they know about the outing of a CIA officer.

Viveca Novak is one of the reporters who broke the story for "TIME" Magazine's Web site. She joins us from Washington.

Viveca, thanks for joining us. Why did investigators take this step?

VIVECA NOVAK, "TIME" MAGAZINE WASHINGTON CORRESPONDENT: Well, it seems that there is a -- this is sort of a crucial change of pace in the investigation. Along with the appointment of a special prosecutor this week and the recusal of the attorney general, they are asking White House officials to sign a document releasing reporters from any confidentiality agreements they may have with those sources. And what it seems to be is preparation for a possible subpoenaing of the reporters before the grand jury. COOPER: So theoretically, if reporters are subpoenaed and they ask to testify in front of the grand jury and they choose not to, does that mean some of them could go to jail? I mean, CNN's Robert Novak for one?

NOVAK: Well, it is certainly a possibility because prosecutors are being very careful, I think, laying the legal groundwork here to go to the judge and say, we have exhausted all other avenues for getting this information that we need, and we now need the reporters to talk and the reporters are not talking. A crime is committed here. We need them to talk. And the judge could then hold them in contempt and put them in jail, yes.

COOPER: What are you hearing about how severely people within the White House are taking this investigation? I mean, is there pressure to sign this document?

NOVAK: Yes. I think it's pretty clear that you can't not sign it. It is bad, I think, at this stage to be portrayed as not cooperating with this investigation. The White House is portraying itself as taking it very seriously. And if somebody doesn't sign it and they are then kept on and nothing is said about it, I think that would look pretty bad.

COOPER: How do you see this thing playing out? I mean, where does it go from here?

NOVAK: Well, it appears that the Justice Department is taking this investigation very seriously, having appointed a very well respected U.S. attorney to lead the probe now and asking for the officials to sign these documents. I think that they are going to be asking a grand jury to subpoena some people, and reporters, of course, don't have a great history of responding to that kind of pressure. But in this case, with a crime as serious as this in the post-9/11 world, I think a judge might take it very seriously.

COOPER: You broke the story just a few hours ago. Has Karl Rove signed this document? Do we know yet?

NOVAK: Well, we know that Karl Rove and other White House officials have received it. It's unclear if at this hour they have signed it.

COOPER: All right. Viveca Novak, "TIME" Magazine, you broke this story on the time.com Web site. Thanks very much for being with us.

NOVAK: Good to be with you.

(BEGIN VIDEOTAPE)

COOPER (voice-over): More flights are grounded. Will this really keep us safe?

Marjorie Knoller, the caretaker of a killer dog, gets paroled. We'll be right back. (COMMERCIAL BREAK)

COOPER: Time to "Reset" tonight's top stories.

The House is getting another Republican. CNN has learned Congressman Ralph Hall of Texas will announce shortly that he is switching parties from Democrat to Republican. The switch will mean there will now be 229 Republicans in the House and 204 Democrats, with one vacancy and one Independent.

A U.S. transportation official says specific intelligence has prompted the cancellations of international flights in the past couple of days. At least nine international flights have been canceled or delayed for security reasons since Wednesday.

U.S. military officials are denying claims that coalition troops desecrated a Baghdad mosque during a weapon's raid. Sunni Muslims protested today, saying the troops defiled a Quran. During the raid, troops confiscated a large cache of weapons and arrested 32 people.

And a CNN-"TIME" poll says Howard Dean is at the head of the pack of the nine Democratic presidential candidates. Dean beat out all of the candidates when those who took the poll were asked about hypothetical two-way match-ups.

That's a look at the "Reset" tonight.

More now on all the flight cancellations, delays and military jet escorts in our code orange world. The Associated Press reports that law enforcement officials acknowledge some delays over the past couple of days were caused by mistaken identities. Earlier I spoke with Jim Hall, former chairman of the NTSB, out of the terror fears.

(BEGIN VIDEOTAPE)

COOPER: Jim, I guess there are a couple of ways at looking at these latest flight cancellations. Some people might look at them and say, well, look, that means the security is in place, it's working. Others might say this is a defensive, not a proactive move.

What do you think? Is our security plan adequate?

JIM HALL, FMR. NTSB CHAIRMAN: Well, I think it's, as you said, good news and bad news. I think it's good news with the heightened alert. Obviously our security is working much better than it did prior to 9/11. There's a lot of screening of passengers going on, both nationally and internationally.

Long term, I think we would be better served, Anderson, by having an independent organization such as the NTSB that would look at these incidents and look at -- examine them and come up with some long term recommendations, because I don't think the aviation industry economically is going to be able to handle this type of disruption over the long term.

COOPER: What about these databases that the U.S. is using? I read in the "Wall Street Journal" that with the groundings from the flights from France the other day, they were using sort of 12 different archaic databases.

HALL: Well, you know, we found after 9/11 that we had a lot of communication problems between the security agencies here in the United States. I think what this is demonstrating to us is that we need to do a lot better job on the international level, maybe using organizations like the ICAO, the International Civil Aviation Organization out of Montreal and others to set up standard databases so we don't have this type of confusion.

COOPER: Are you talking about standard databases? What are other recommendations you might have for the administration to try to improve the international flight safety?

HALL: Well, obviously, I think the whole gamut, from looking at the aircraft, the things that can be done, obviously, with fuel, which is what makes the aircraft such a dangerous weapon, to look at refining the air marshal system, to possibly providing more information to the passengers. The passengers are really the first and best line of defense, as we've seen in these situations.

So, looking at new innovative ways, using also the smart card technology so we can do a lot of the prescreening of passengers, so that when we have some of these flight problems, we can focus, you know, on the folks that we consider the bad apples and the problems that may be aboard the aircraft.

COOPER: Jim Hall, thank you very much for joining us today. Thanks.

HALL: Thank you, Anderson.

COOPER: Time now for "Justice Served," more specifically time served, or lack of it. In California, the woman convicted of involuntary manslaughter in the brutal, unprovoked dog mauling that killed her neighbor in 2001, well, she is out of jail tonight.

Marjorie Knoller served more than half of a four-year sentence. Why is she out?

Charles Feldman reports.

(BEGIN VIDEOTAPE)

CHARLES FELDMAN, CNN CORRESPONDENT (voice-over): Marjorie Knoller was released from a central California woman's prison New Year's Day and taken to Southern California, rather than her home in San Francisco, to serve out her three-year parole. From the time of her arrest, Knoller has been behind bars for 33 months.

In 2001, Knoller was handling two presa canario dogs for a friend when one attacked and killed 33-year-old Diane Whipple in a San Francisco apartment building.

UNIDENTIFIED FEMALE: And her face was -- the victim, she was completely naked. There was an EMT working on her, but she appeared to me to be dead. There was blood soaked in the hallway approximately 20 to 30 feet in the carpet.

UNIDENTIFIED FEMALE: We, the jury, in the above titled action, find the defendant, Marjorie Knoller, guilty of the crime of murder.

FELDMAN: Knoller was originally found guilty of second degree murder, but a judge threw that out. The state is appealing.

The case got a lot of media attention and had to be moved to L.A. Knoller's husband, already out on parole, told a local TV station...

ROBERT NOEL, MARJORIE KNOLLER'S HUSBAND: I'm happy beyond words and absolutely relieved that she's out.

FELDMAN: Not so happy, says one of the prosecutors, is the victim's former domestic partner.

JAMES HAMMER, PROSECUTOR: They had Marjorie Knoller walk out after only two years, and it was very upsetting to her. And that really hit home for me.

FELDMAN (on camera): Knoller is apparently also unhappy, telling a Bay Area TV station she doesn't know what she is going to do here in Southern California.

Charles Feldman, CNN, Los Angeles.

(END VIDEOTAPE)

COOPER: Well, Sharon Smith, Whipple's former domestic partner, filed a civil lawsuit against both Knoller and Noel. Smith's attorney, Michael Cardoza, joins us now from Napa -- excuse me, from San Francisco, California.

Thanks very much for being with us.

MICHAEL CARDOZA, SHARON SMITH'S ATTORNEY: You're welcome.

COOPER: Your client, how does she feel tonight? I mean, Robert Noel was released last year. Now Marjorie Knoller is out.

CARDOZA: Well, she served 33 months, and Sharon certainly is deeply saddened. Keep in mind, she lost someone that she loved the most in her life. Then, she had to deal with the way Diana Lexus was killed.

Then she had to deal with a trial. Then she had to deal with a judge taking it from a second degree, which is 15 to life, down to an involuntary manslaughter and only four years in prison. And yet, to say only four years: of that, she only served 33 months or 69 percent of that.

COOPER: How much warning did she get?

CARDOZA: How many what? Cooper: How much warning did she get that Ms. Knoller was coming out?

CARDOZA: Oh, she got a couple of days from the state. And that's pretty much it. I was the one that actually told her, because they told me. Sharon had talked to the state before. And they had asked her what she wanted, and Sharon certainly told them, "Don't put her back in the San Francisco Bay area." And that's why she's going down to Ventura County in California.

COOPER: But after her parole -- I mean, after she's off the probation period, I guess she's free to return to San Francisco like anybody else. How worried...

CARDOZA: Right. It's after the parole -- it's after the parole period and she can then go wherever she wants.

And remember, when I hear that she's saddened because she's getting out of prison? I say, fine. Stay in prison then. But remember, she has the rest of her life to lead. And I'm sure she will figure out something to do. That's something that she denied Diana Lexus Whipple.

COOPER: And she never apologized about what happened, did she?

CARDOZA: She never said I'm sorry. Neither did Robert Noel. Even now, if they were to say it, it would certainly be hollow words. But no, they never, never said those words or anything near those words.

COOPER: Michael Cardoza, attorney for Sharon Smith, we appreciate you joining us tonight. Thank you very much.

CARDOZA: You're welcome.

COOPER: Three-sixty legal analyst Kimberly Guilfoyle-Newsom was one of the prosecutors in this case originally. She joins us live from San Francisco.

Kimberly, good to see you.

KIMBERLY GUILFOYLE-NEWSOM, 360 LEGAL ANALYST: You as well.

COOPER: Shocking that they never apologized, neither Noel nor Knoller. How surprised were you that she got out early?

GUILFOYLE-NEWSOM: Well, I'm surprised she got out early, but unfortunately, she didn't do the full amount of time. You get credits for time served, and they were in custody from the minute after the indictments came down and the grand jury, the whole time in the proceedings. So they had a lot of time built up, and basically that was all applied. And that's why you see her not doing the full four years.

It's an outrage, because a jury of 12 found her guilty of a second degree murder. And a judge long after the trial was over decided to dismiss that charge, and that's what's disturbing because justice was circumvented in this case.

COOPER: Now, the state attorney general's office is trying to appeal that reversal of the second degree murder. Is there any chance of that actually happening?

GUILFOYLE-NEWSOM: There's a chance, but the way the trial judge made his ruling and issued the statement, it is more of a slim chance, unfortunately. So if it did happen, though, then she would be remanded back to San Francisco for the reinstatement and re- sentencing.

COOPER: Knoller and Noel certainly seemed to exhibit a lot of chutzpah throughout this entire thing. They're actually appealing their sentences, aren't they?

GUILFOYLE-NEWSOM: They're both appealing, yes. The convictions for involuntary manslaughter and possession of a mischievous animal that causes death. I think it's unlikely that their appeals will be granted. I think those convictions will remain intact, and they should be.

The trial was done with the utmost care. It was a solid record put in and overwhelming evidence to support those convictions. I don't think they'll prevail.

COOPER: I know this has caught a lot of people by surprise. Kimberly Guilfoyle-Newsom, appreciate you joining us tonight from San Francisco. Thanks, Kimberly.

GUILFOYLE-NEWSOM: Thank you.

COOPER: There's a dark cloud over the Fiesta Bowl tonight with sexual assault accusations, not charges, accusations made against Kansas State's quarterback. We'll look into that.

Plus, fans of Carrie and company, make no plans for this weekend until you see our "Weekender" report. We'll be right back.

(COMMERCIAL BREAK)

COOPER: Getting a lot of e-mails right now over this next story. As if the scrimmage over college football's rating system for picking a national champion weren't enough, there was another controversy surrounding tonight's Fiesta Bowl.

Just hours ago, Kansas State's star quarterback was cleared to play in the day a day after he was accused of sexual assault. Will he actually play? That's the question.

CNN sports correspondent Josie Burke is following all the action from New Orleans -- Josie.

JOSIE BURKE, CNN CORRESPONDENT: Hi, Anderson.

That question about whether Ell Roberson will play probably won't be answered until that game gets underway, maybe not until well into the game.

It's supposed to kick off at around 8 p.m. Eastern out in Arizona. That's where a 22-year-old woman said that she was sexually assaulted in the wee hours of Thursday morning. A police investigation is ongoing.

But again, Kansas State said that Roberson has been cleared to play, because they did their own investigation. And according to Kansas State, they found that Roberson committed no criminal act. They issued a statement today, saying just that.

And the athletic director, Tim Weiser, went on to say, "The university views this situation very seriously and has been working closely with law enforcement throughout this investigation. We appreciate the manner in which this investigation is being handled and look forward to an expeditious resolution."

Now, police, again, say that their investigation is ongoing. They also say that medical testing was conducted, but those results have not come back yet.

And according to the procedure out there in Arizona, the police will file a report. That will be given to the Maricopa County attorney, and then at that point in time, the attorney's office will decide whether or not charges will be filed.

And one other note, police have said that Roberson does say that there was an encounter, but he says that the sex was consensual -- Anderson.

COOPER: All right, Josie Burke. Thanks very much, live from Louisiana -- New Orleans. Thanks very much.

Let's be clear here. No charges have been brought against this football player. Can't repeat that enough. But certainly, the story is one we've heard before. Sports star, hotel room, sexual assault accusation, claims of consensual sex.

Our next guest, Jeff O'Brien, counsels athletes about their behavior off the field. He's the senior associate director of Northeastern University Center for the Study of Sport in Society in Boston.

We appreciate, Jeff, you joining us tonight. Thanks very much.

JEFF O'BRIEN, NORTHEASTERN UNIVERSITY: Thank you.

COOPER: What kind of message does it send if Mr. Roberson is allowed to play tonight?

O'BRIEN: I think it would be a negative message, and I wouldn't expect that that would be the message that the university will send. I believe...

COOPER: You don't think he's going to be allowed to play?

O'BRIEN: No, I don't.

COOPER: And it's the coach's decision, right?

O'BRIEN: At this point, the athletic director has made it pretty clear that it would be the coach's decision and trust his judgment.

COOPER: Why do you think he will be -- he will not be allowed to play, though? Because there are a lot of people say, look, I mean, the power in this school, I mean, there's a lot of money. This is a huge game for them. There's a lot of attention on the school. And look, these are just accusations, no charges have been filed.

O'BRIEN: I think if you look at it as a business decision, that's exactly what you're talking about. But the goal here is to think about the mission of universities. Because I think when we think about sport, the mistake is to think about it as big business, which arguably it is.

But the mission of colleges and universities is not about big business. It's about educating young folks. And if you think about a coach's responsibility, which Coach Snyder is well aware of, these things will play into -- will come into play. A personal decision based on what's right for the individuals involved.

COOPER: And I guess, even if Mr. Roberson did not -- there was nothing illegal in his activity if it was, in fact, consensual sex, I guess he is still perhaps or could be still found guilty of violating the team rules. There was a curfew involved. This is probably not the kind of activity his coach wants him engaging in before a huge game.

O'BRIEN: I think it's an important point, important to remember that Mr. Roberson is the one who's put himself in this position, breaking curfew. When officials went to his hotel room at 4:30 in the morning, he was nowhere to be found. An 11 p.m. curfew.

And to understand also that no charges can be filed yet, because the police officers and police departments have become much more astute in investigating these type of crimes. The lab reports need to come back the victim had had performed on her, and they need to do a more thorough investigation before they could file charges, which won't happen until next week.

COOPER: You know, a lot of people look at these kind of situations and say, look, this is a question of individuals behaving badly. But you think there's sort of a culture of, I guess, of bad behavior in some way and maybe a culture of entitlement. That's part of the problem.

O'BRIEN: I think that one of the things that we don't talk about a lot is when an athlete is accused of this type of crime, we look at it as an athlete problem.

I think one of things we really need to do is look carefully at the way we raise boys to be men and some of the messages that we send about relations with women. Now, that's a larger discussion for another time, but you look at a continuum of power and influence and entitlement that comes into play as people are along that continuum.

COOPER: And I know that's something you speak to young athletes that you work with a lot. Jeff O'Brien, appreciate you joining us. It was really interesting. Thank you.

O'BRIEN: Thank you, Anderson.

COOPER: All right. What do you think? Today's "Buzz" question is this: "Should the college quarterback who's been accused of sexual assault but not charged be allowed to play in tonight's Fiesta Bowl?" Vote now: CNN.com/360. We've been getting a lot of responses on this. We'll have the results at the end of the show.

All right. Let's move on something to far less serious, some top news now. Take a look at tonight's "Current."

Kurt Nilsen, the 24-year-old Norwegian plumber who's a little bit country and from a little bitty country is the first official "World Idol." Nilsen beat international rivals, including America's Kelly Clarkson -- shocking -- with his stunning rendition of U-2's "Beautiful Day" and his uncanny impression of Alfred E. Newman. It's true. Uncanny.

Deborah Norville is getting her own prime time talk show on MSNBC -- Congratulations -- according to a report in "Variety." It's not yet clear when her show will debut, but MSNBC executives hope to get it on air sometime before the entire network folds. That's what they're hoping. Michael Jackson -- I don't think I'm going to be working for them anytime soon.

Michael Jackson's "60 Minutes" interview has sparked a battle between CBS and "The New York Times." The "Times" reported that CBS, in effect, paid Jackson for the interview, with payments made through the entertainment division for Jackson's special.

CBS denies that it was ever in bed with Jackson, and of course, even if it was, nothing happened, and it's perfectly natural anyway. Thank you. I'm glad you guys liked it. When the camera crew laughs, you know it's all right.

The lead guitarist of Rush, who goes by the name Alex Lifeson, was arrested New Year's Eve in Naples, Florida, after a scuffle with police. Charges including aggravated battery against a law enforcement officer. If Lifeson is convicted, it could delay Rush's 20-year comeback plan. Let's hope not.

Do you have any plans for the weekend yet? Well, "Sex in the City" isn't the only option available for you coach potatoes this weekend. We'll fill you in on some of the less salacious stops in the "Weekender."

(COMMERCIAL BREAK)

COOPER: Well, the new year is here, and you're eagerly awaiting the latest, greatest offerings from Hollywood. But too bad, because not a single new movie opens nationwide today. But as you'll see in this edition of the "Weekender," there is plenty else, or you can see it has a chance to see last week's big hits without all the long lines.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: He's here.

COOPER (voice-over): In movies, "Return of the King" continues its top spot at the box office. It's made $224 million so far.

THE POINTER SISTERS (singing): We are family.

STEVE MARTIN, AS TOM BAKER: Twelve kids later, and we've still got the heat.

COOPER: "Cheaper by the Dozen" was No. 2 with $28 million, followed by "Cold Mountain," opening with $14 million. No big movies open up this weekend.

UNIDENTIFIED MALE: Larry, Larry. I'm so glad you were able to make it.

COOPER: In TV, however, there's plenty of new stuff.

UNIDENTIFIED MALE: Jeffrey, Jeffrey!

COOPER: The HBO hit "Curb Your Enthusiasm" starts a new season Thursday, as does "Sex and the City."

SARAH JESSICA PARKER, AS CARRIE BRADSHAW: I mean, where can this possibly go?

COOPER: This will be its final season.

Speaking of Sunday kickoffs, the Sugar Bowl will determine who's half of number one in college football. That should be 50 percent exciting.

New on DVD...

EUGENE LEVY, AS JIM LEVINSTEIN'S DAD: The longer a marriage lasts, the longer you can go without sex.

COOPER: The sequel to "American Pie."

UNIDENTIFIED MALE: You look like him.

DENZEL WASHINGTON, AS MATT LEE WHITLOCK: Like me?

COOPER: Also, Denzel Washington's "Out of Time" and the goth thriller "Underworld."

If worse comes to worse, you could always read a book. New in print, Anne Tyler's latest, "The Amateur Marriage" hitting shelves, along with Doug Brinkley's profile of John Kerry. And former Republican strategist Kevin Phillips' profile of the Bush family, "American Dynasty."

Then, there's Pete Rose's "My Prison Without Bars," the sad story of Pete Rose's downfall at the hands of Pete Rose.

(END VIDEOTAPE)

COOPER: Well, always some movies that for one reason or another kind of fall through the cracks. They just don't' get seen all that widely. Thankfully, our buddy, "New York Times" film critic Elvis Mitchell is here to tell us what we might have missed.

Elvis, good to see you again.

ELVIS MITCHELL, "NEW YORK TIMES" FILM CRITIC: Mr. Cooper.

COOPER: Let's talk about "House of Sand and Fog." I keep getting this confused with "Fog of War." What is "House of Sand and Fog" about, and why should anyone see it?

MITCHELL: OK. "House of Sand and Fog" has nothing to do with the invasion of Vietnam or bombing Hiroshima or putting seat belts in cars, which is actually kind of what "Fog is War" is about.

"House of Sand and Fog" is an adaptation of a novel. It's kind of schematic. I mean, it's basically about this sort of culture clash and a lack of communication that leads to huge tragedies over this fight over a house on the coast of northern California with really sort of amazing performances by Jennifer Connelly and Sir Ben Kingsley.

But again, the movie just sort of feels so mechanical in this way that they try to make this schisms work that you kind of get a sense of where it's going even if you haven't read the book.

And also, there's a point nobody's talked about in this movie. Ron Elder as the policeman who tries to help her out is really remarkable. I mean, you feel so deeply for him that you end up feeling a lot more about the movie because of his performance.

COOPER: Ben Kingsley scared me so much in the last movie he was in, he was so good in it, I was really creeped out. I'm not sure I want to see this one.

MITCHELL: Are you thinking about "Sexy Beast"?

COOPER: Yes, "Sexy Beast," yes. He was just scary. Yes.

MITCHELL: It was a great performance, too.

COOPER: Yes, it was. He's always good.

Let's talk about "Fog of War," which I actually saw. It's pretty compelling, all about Robert McNamara.

COOPER: And Ben Kingsley's pretty scary in that one, too. I'm sorry. I'm confused over "The House of Sand and Fog."

No, it's from the director, Errol Morris, who did, you know, "The Thin Blue Line" and "Mr. Death." And what Morris is really great at is people sort of talk and confess and explain what they are and what they're about. And letting Robert McNamara do that is one of the most important and controversial personages of the 20th Century. Again, a man who was involved with -- one of the engineers of the bombing of Hiroshima, of the escalation of forces in Vietnam, of getting seat belts in cars.

He's had a huge impact on this country and to hear him talk about the 11 lessons that he sort of learned or was trying to pass along is really fascinating stuff.

And in this movie, we hear more of Errol Morris' voice, literally trying to pull stuff out of McNamara to make him stop being so programmatic that it's quite fascinating to watch. And there's going to be more, even, on the DVD, because there's so much going on you want to see more of the picture.

COOPER: Yes. I mean, love him or hate him, Robert McNamara is certainly a controversial figure. But there's something about seeing him sort of talking directly to camera and trying to sort of reflect back on all the things that he has done and been involved with. It was very compelling.

Also, Errol Morris' style has always interested me. I read that it's sort of like a TelePrompTer. The camera actually has an image of him. So the person Robert McNamara was actually speaking to, an image of Errol Morris.

MITCHELL: Yes. It's a sort of weird interrogation process he uses.

But, you know, if you're watching the movie and paying attention, you hear Morris' voice in the movie, actually, which you never generally do in the other pictures. He's kind of pushing McNamara to answer questions. Because, obviously, McNamara has been doing this for so long and is so brilliant, basically coming up with these constructs that are abstractions and not real answers, that to hear Morris push him is really, I think, as compelling as hearing McNamara have to dig into himself to come up with the real answer to the questions and not just some programmed response.

COOPER: All right. Ten seconds left. "Cheaper by the Dozen," Steve Martin. I don't even know what it's about. It's a remake of some another movie. Was it good? Is it worth seeing?

MITCHELL: Yes. America's No. 1 comedy, because there is no other comedy.

COOPER: That's it? That's why it's No. 1 comedy, you think? Oh, well.

MITCHELL: It's a comedy by default and No. 1 by default.

COOPER: All right. That's kind of sad. I'll leave it there.

Elvis Mitchell, always good to talk to you. Thanks very much.

MITCHELL: Thank you.

COOPER: All right.

Well, if you're the gambling type, you might have plans tonight to get out the card table with your buds, play a few hands of poker. Just be aware there's a new trend in Vegas, poker techies. And your opponents might be learning a thing or two from them.

CNN's Bruce Burkhardt reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Players, please take your seats.

BRUCE BURKHARDT, CNN CORRESPONDENT (voice-over): Day one, a five-diamond world classic at the Bellagio Hotel in Las Vegas. Three- hundred-and-fourteen players have paid $10,000 a piece to have a crack at a million dollar first prize.

It's a long way from the back rooms of West Texas where Doyle Bronsun learned to play. Winning the pot then was only half the battle.

DOYLE BRONSUN, POKER PLAYER: I mean, you were in danger of getting arrested. You were in danger of getting robbed. You were in danger of getting cheated.

BURKHARDT: But now, poker has come out of the back rooms.

UNIDENTIFIED MALE: Nowhere are the stakes higher.

BURKHARDT: Thanks in large part to TV, poker has found a huge new audience and is attracting a new breed of player: techies, geeks, Internet millionaires.

CHRIS FERGUSON, POKER PLAYER: And now they're using their brains to attack the game of poker from a theoretical standpoint, like they did when they started up their Internet companies.

BURKHARDT: Chris Ferguson has been one of the top money winners in tournament poker, a computer scientist who applied those skills at the table.

FERGUSON: I've written a lot of computer programs to analyze poker and to analyze particular situations in poker, so that when I go back to the table, I'm prepared when those similar situations occur when I'm actually playing.

BURKHARDT: Using very sophisticated math and something called game theory, Ferguson and others techies are trying to win with science. Doyle Bronsun, often called the Arnold Palmer of poker, isn't worried. BRONSUN: Poker is about people. It's not about math.

BURKHARDT: People, knowing whether they're bluffing, how to read them, what they're thinking.

Thanks to TV, which shows a player's hidden cards, a lot of people now think they know enough to play. But remember that old saying, if you're in a card game and don't know who the sucker is, you're probably it.

BRONSUN: And these poker players, boy, they will drink your blood.

BURKHARDT: Bruce Burkhardt, CNN, Las Vegas.

(END VIDEOTAPE)

COOPER: Well, are you kind of sick of the 2003 end of the year retrospectives? We are. So we're going to take 2004 to the "Nth Degree."

But first, today's "Buzz": "Should the college quarterback who's been accused of sexual assault but not charged be allowed to play in tonight's Fiesta Bowl?" A lot of people voting on this one tonight. Get your vote in: CNN.com/360. We'll have the results in just a few moments.

(COMMERCIAL BREAK)

COOPER: Time now for the "Buzz." We asked you "Should the college quarterback who's been accused of sexual assault but not charged be allowed to play in tonight's Fiesta Bowl?" Here's what you said. Sixty-one percent of you said yes; 39 percent no. Not a scientific poll. Just viewer buzz.

Tonight, retrospectives to "The Nth Degree."

After almost a full month of retrospectives, highlight shows and reviews of the year 2003, you must be sick of them, which is why tonight, we bring you a very special look back at the year 2004 so far.

It all began with a young nation, ringing in the new year with hope and optimism. But the nation would be tested in the coming hours when America's idol, Kelly Clarkson was toppled by some Norwegian guy.

UNIDENTIFIED MALE: I'll tell you what it means to me. You've got to be a fool, frankly, to go New Year's night to Times Square.

COOPER: And what about a Connecticut congressman would turn out to be more scared of terrorists than Cyndi Lauper?

America's politicians saw their stocks rise and fall while the surging economy failed to produce any significant job growth in the year's so far only work day.

In the new year, President Bush came out with a startling proclamation.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Day after day, we'll continue to see.

COOPER: 2004, what a year so far. Seems like only two days ago it was 2003.

So what lies ahead for America? What's next? Well, "PAULA ZAHN NOW," actually. Have a great night.

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





Soldier Dies>


Aired January 2, 2004 - 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 (voice-over): Fighter jet escorts: flights grounded, new fear in the friendly skies.

A chopper downed in Iraq: the latest on casualties and the cause.

The human form of mad cow. Meet the only known U.S. resident afflicted.

The croc hunter takes his baby to work. Crikey. Did he go too far?

Why did the owner of a dog that mauled a woman get a parole break?

And "Sex in the City" reaches its climax.

(END VIDEOTAPE)

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

COOPER: Good evening. Welcome to 360. Thanks for joining us.

Just hours ago we learned that the hunt has intensified for the person or persons who outed a CIA officer. According to an exclusive story on "TIME" Magazine's Web site, the FBI is pressing members of President Bush's inner circle to sign a document letting journalists divulge their sources. We'll have more on that coming up tonight.

First, our top story, flight fears. British Airways canceled a flight from London to Washington, D.C. yet again. It is just one of many planes grounded or delayed over the past few days all because of concerns that al Qaeda may use the weapons.

Justice correspondent Kelli Arena brings us up to date on the terror front.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE DEPARTMENT CORRESPONDENT (voice-over): Officials tell CNN intelligence from an informant and other sources regarding British Airways Flight 223 is what led to its cancellation for the second straight day. Sources say the information had nothing to do with the passenger list, but instead, focused on the flight number.

UNIDENTIFIED MALE: I think the public understands that there's always a general threat. But you don't take action to inconvenience passengers, to cancel a flight, unless there is specific and credible information that relates to that flight.

ARENA: There remains some question as to the credibility of the information. Still, officials say they simply cannot take any chances. Two Aeromexico flights headed to Los Angeles were also canceled this week, and at least one other was escorted by military fighter jets. The military also accompanied at least one Air France flight into the United States. Officials admit the moves are extraordinary considering the repercussions, but they're not ruling out more cancellations.

SEN. KAY BAILEY HUTCHISON (R), TEXAS: It is very important to be more cautious rather than less cautious. And though I know it is inconvenient for many passengers, nevertheless, I would rather err on the side of caution to make sure that we don't have an accident that we could have prevented.

ARENA: Sources tell CNN the one major problem with the intelligence is that it is not time specific. There was information regarding a possible threat on New Year's Eve, but that date passed without incident.

(END VIDEOTAPE)

COOPER: Kelli Arena joining us now.

Kelli, do U.S. officials believe that al Qaeda is actually in operation mode right now?

ARENA: Anderson, yes. There is intelligence to suggest that they may be in the operational stages of an attack, which is why we're at orange alert, which is why you see actions being taken like we have seen in recent days. But again -- and I hate to keep saying this, because I sound like a broken record -- there is nothing specific in terms of a method or a target. It is just information that steadily is coming in that officials are acting on.

COOPER: All right. Kelli Arena, thanks for the update tonight.

The new year in Iraq now has begun with new violence. One American soldier died, one was injured today when an observation helicopter was shot down over Fallujah. Soldiers securing the site of the downed helicopter also came under fire, but they were not hurt. Meanwhile, Sunni Muslims demonstrated in Baghdad, where they say U.S. forces desecrated a mosque during a weapons raid.

Satinder Bindra has that.

(BEGIN VIDEOTAPE)

SATINDER BINDRA, CNN NEW DELHI BUREAU CHIEF (voice-over): (UNINTELLIGIBLE) run high outside Baghdad's (UNINTELLIGIBLE) Mosque. The Sunni Muslims who worship here every Friday are intense after U.S. forces raided their mosque Thursday. "America is the enemy of god," they chant. These worshipers say U.S. tanks tore down the masque's main gate and their presence desecrated holy territory.

UNIDENTIFIED MALE (through translator): We say to America, don't be against Sunnis. By god, every Sunni will be a missile.

BINDRA: U.S. forces say the raid was conducted here in conjunction with Iraqi security forces.

BRIG. GEN. MARK KIMMITT, U.S. ARMY: This mosque was being used for purposes other than free religious expression.

BINDRA: At a news conference, U.S. forces displayed pictures of a large arsenal of weapons, sticks of explosives, TNT grenades, grenade launchers, AK-47s and magazines that they say were uncovered there. Thirty-two people, including the Mosque's top religious leader, Imam Medi Amed Sumedi (ph), have been taken into custody. The U.S. says it appears some of those in custody are "foreigners."

Crying out for a holy war against the Americans, these protesters deny the mosque was used for terrorist activities. They say it was raided because clerics here had just set up a council to politically mobilize Iraq's Sunnis.

(on camera): These protesters want the Americans to immediately release Imam Medi Amed Sumedi (ph) and his supporters, otherwise, they warn they'll launch a movement to resist the American occupation here.

(voice-over): Invited by senior Sunni leaders, I went inside the mosque. Here, I was shown broken doors, offices that had been turned upside down and safes that had been pried open. But this is what has inflamed religious passions most. I'm shown a Quran which religious leaders allege was torn by U.S. troops.

KIMMITT: We are aware there were some allegations that coalition forces in fact tore open a Quran. There's no evidence to support that.

BINDRA: These Sunni leaders remain adamant the Americans were insensitive. They point to half-eaten American meals littered around the mosque grounds as evidence of the U.S. soldiers' behavior.

KIMMITT: The greatest care was taken by coalition forces to up hold the sanctity of the mosque and to use the minimal amount of force necessary to conduct the operation.

BINDRA: U.S. forces say they came here only after reliable intelligence to notch another victory in their fight against terrorism.

(END VIDEOTAPE)

BINDRA: So Anderson, two very different versions of what happened at the mosque. Iraqis aware now of both versions. And we'll find out over the next few days which version of the story they believe.

Back to you.

COOPER: All right. Let's hope it doesn't escalate. Satinder Bindra, thanks very much.

The death toll from that earthquake in Bam, Iran today stands at some 30,000 people. Search and rescue operations, well they've generally ended. But amazingly, some people are actually still being pulled out of the rubble alive. It's been more than a week.

Yesterday, a man, a child and a pregnant woman were saved. That is the man there. He's in bad shape but he is alive.

In all, 11 people have been rescued over the past few days. The quake left, of course, 80,000 people homeless, roughly one in three people in the area. And humanitarian groups are rallying.

One person who will not be going to Iran to help, however, at least for now, is North Carolina Senator Dole. Suzanne Malveaux on the reasons why from Crawford, Texas.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): In Iran, the formal search for survivors is over. Now perhaps even the tougher job is dealing with the aftermath. The Bush administration offered to send Senator Elizabeth Dole, former president of the American Red Cross, to Iran to head a high level humanitarian mission to aid the earthquake victims. But Iran said, no thank you.

ADAM ERELI, STATE DEPT. SPOKESMAN: Given the current situation in Bam and all that is going on there now, it would be preferable to hold such a visit in abeyance.

MALVEAUX: U.S. Ambassador to the U.N., John Negroponte, contacted Iran's U.N. representative last Tuesday to propose the mission. A green light would have made Dole the first public U.S. official to visit Iran since the 1979 hostage crisis. An unidentified member of the Bush family would have also been part of any potential delegation. U.S. officials say Iran's denial was not political.

ERELI: The offer was not made for political reasons and we don't see the rejection as a -- we don't see the response as political, either.

MALVEAUX: Tehran's decision underscores the mutual suspicions between the two nations whose diplomatic ties were severed nearly 25 years ago. On New Year's Day, President Bush warned...

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The Iranian government must listen to the voices of those who long for freedom, must turn over al Qaeda that are in their custody, and must abandon their nuclear weapons program.

MALVEAUX: Since the quake, the White House has sent relief and eased aid restrictions to Iran, both welcomed by the Islamic republic.

(END VIDEOTAPE)

MALVEAUX: Now, this is widely seen as progress, and improved relations between the U.S. and Iran, but there's a fierce debate that is taking place within the administration as to how far and fast that can happen -- Anderson.

COOPER: All right. Suzanne Malveaux, live in Crawford. Thanks, Suzanne.

In Albany, New York, investigators are under way into a deadly police shooting on New Year's Eve. Here's what happened. They were chasing an erratic driver, the police fired shots. Two innocent bystanders were hit, one killed.

CNN national correspondent, Gary Tuchman, has the latest.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): He was a college graduate, an eagle scout taking a walk near his home on New Year's Eve when gunshots rang out.

UNIDENTIFIED MALE: The only thing we do know is one of the officer's bullets struck this poor, young man.

TUCHMAN: Twenty-four-year-old David Scaringe (ph) died at the hospital, the innocent victim of a police chase gone bad.

UNIDENTIFIED MALE: It's an unfortunate tragedy that we will look into. We will make sure that, you know, all things were followed that should have been. And if they weren't, people will be held accountable.

TUCHMAN: The subject of the car chase, Daniel Reed (ph), is now under arrest, charged with reckless endangerment. Police say he was stopped because he was driving erratically and then took off on Albany, New York's downtown streets. Police chased him and boxed him in. He turned the car around once and...

UNIDENTIFIED MALE: Then he reversed direction, came down, and that is where the shooting occurred.

TUCHMAN: Police say eight shots were fired at the car by two different officers. The Albany police chief says his officers are allowed to fire if they feel lives are at grave risk.

UNIDENTIFIED MALE: He was attempting to run over our police officers.

TUCHMAN: A second innocent man was also hit apparently by a ricochet.

UNIDENTIFIED MALE: Because if it didn't hit something else first, I probably wouldn't be walking light now. So I'm highly grateful for that.

TUCHMAN: The suspect got away but was later arrested at his home. Authorities say this police officer, Joe Girace (ph), fired seven times. And that this officer, William Banani (ph), fired once.

UNIDENTIFIED MALE: Right now, we don't know which gun fired the fatal shot.

(END VIDEOTAPE)

TUCHMAN: A candlelight memorial has been set up where the 24- year-old victim was shot. Both police officers have been taken off the streets, but they still have desk jobs with pay while an investigation begins. It's very likely a grand jury here in Albany County will get the case and will try to determine if there is evidence that there was a police crime. But once again, investigators have to find out first which officer fired the fatal shot.

Anderson, back to you.

COOPER: All right. A lot of questions remain tonight. Gary, thanks very much. Gary Tuchman in Albany, New York.

Right now, we're following a number of other stories "Cross Country." Let's take a look.

Washington, D.C.: CIA leak, investigation flap. FBI investigators are pressing Karl Rove, President Bush's senior police call adviser, to release reporters from any confidentiality agreements they have signed and to let journalists tell whatever they know about the outing of a CIA officer. We're going to have more on this developing story later on.

Chantilly, Virginia: security director suspended. The Transportation Security Administration says the security chief at Dulles International Airport was placed on administrative leave. The TSA says the move was made after the director was arrested on DUI charges Thursday morning.

New York: media warning. The judge in the Martha Stewart case is telling reporters to stay away from prospective jurors. Jury selection is set to begin Tuesday. Stewart is accused of lying to investigators about her 2001 sale of ImClone Systems stock a day before its value plummeted. The home decorating queen says she has done nothing wrong.

Columbia, South Carolina: big winners cash in. Take a look, there it is. A North Carolina has claimed the half of the $220 million powerball jackpot. They're going to have a good new year, let's hope. The holder of the other winning ticket sold outside York, Pennsylvania has not come forward yet.

That's a look at stories "Cross Country" tonight.

So what can happen if you eat mad cow infected meat? We're going to introduce you to a 24-year-old woman, the only U.S. resident living with the disease. Her story is heart-wrenching.

Plus, dangling baby. We're not talking about Michael Jackson. Take a look. Now it's the croc hunter taking his newborn to work, outraging a lot of people.

An historic quarterback accused of sexual assault. Should he be allowed to take the field in tonight's big Fiesta Bowl Game?

First, let's take a look "Inside the Box" at the top stories on tonight's network newscasts.

(COMMERCIAL BREAK)

COOPER: Well, the latest on mad cow disease now. Authorities have quarantined a third herd in Washington State after locating an infected cow. Health officials maintain it is still safe to eat beef and that people shouldn't worry about getting sick.

Unfortunately, one family here in the U.S., well, they know all too well what the consequences can be of eating tainted meal. CNN medical correspondent Holly Firfer reports.

(BEGIN VIDEOTAPE)

HOLLY FIRFER, CNN MEDICAL CORRESPONDENT (voice-over): This young woman should be finishing up her master's degree or planning her future. Instead, she has become a statistic. Twenty-four-year-old Charlene -- her parents don't want us to use their last name -- is the only person living in the United States suffering from the human form of mad cow disease.

This is what Charlene looked like when CNN brought you these exclusive pictures over a year ago. Then doctors told her parents she had just about three months to live.

UNIDENTIFIED FEMALE: Stretch your leg and I'll move it. Yes. Come on.

FIRFER: And yet, Charlene is still alive today. Doctors at the Centers for Disease Control and Prevention are sure Charlene contracted the disease in the United Kingdom, not in the United States. Charlene lived in England until she was 13, before moving to Florida 11 years ago.

So far, 143 people in Britain have contracted the Variant Creutzfeld-Jakob Disease, or VCJD, also known as the human form of mad cow. Six of them are still alive.

A statement from the British Health Department illustrates how much is still unknown about the VCJD. "It is likely to be some years before we are able to make soundly based predictions about the future course of the disease."

Twenty-first century medicine has found no cure yet. But Charlene's family will not give up. They bathe and feed her, care for her around the clock. PATRICK, CHARLENE'S FATHER: How Charlene's mom does it, I don't know. And I really don't know. I'm amazed every day.

FIRFER: A neurologist who saw our original report on Charlene's condition was willing to try something new. He offered to give Charlene hyperbaric treatment, pumping pure oxygen into her lungs, which may help the brain function better.

UNIDENTIFIED MALE: And after 192 treatments, she's not only alive, but she's beginning to try to talk. She's responsive with simple commands. Still a long ways to go.

FIRFER: So what was the family's reaction to the announcement by U.S. officials that a cow in Washington State had tested positive for mad cow disease and that it's still safe to eat beef?

SHARON, CHARLENE'S AUNT: I was very upset. I was very upset. I was very upset that the lessons have not yet been learned.

PATRICK: It is like being in England all over again, reliving this (UNINTELLIGIBLE) thing and being told that the meat is safe to eat.

FIRFER: Both Charlene's father and aunt say they are not against the beef industry but they do worry that another parent's child could fall victim to VCJD.

Holly Firfer, CNN, Atlanta.

(END VIDEOTAPE)

COOPER: We've been getting a ton of e-mails about this story. And I just want to point out to viewers, according to the CDC, Charlene is the only known person in the U.S. living with Variant Creutzfeld-Jakob Disease, a disease first discovered in 1996 which is caused by eating tainted meat, as we said. The average age of victims is mid to late 20s.

Now, some of our viewers have confused VCJD with classic Creutzfeld-Jakob Disease. Classic CJD has been around for over 100 years. Cases occur about one in a million worldwide and usually strike people in their 60s and 70s.

Right now, we're following a number of developing stories overseas. Let's take a look in the "UpLink."

North Korea: doors opening? State Department officials say a private delegation from the U.S. hopes to travel to North Korea next week and it may visit this nuclear plant Pyongyang. They emphasize the trip is unofficial.

Rio De Janeiro, Brazil: tit for tat. Furious over American plans to start fingerprinting and photographing millions of visitors entering this country, beginning Monday, Brazilian police reciprocate the gesture. Today, they began fingerprinting and photographing every American tourist entering Brazil. Port-au-Prince, Haiti: calm reins after a day of violent protest and celebrations marking the 200th anniversary of Haiti's independence from France. Streets were filled with thousands of demonstrators both for and against the country's president, Jean-Bertrand Aristide.

And Mars: here comes NASA again. After a 7-month journey and 303 million miles, a NASA rover is preparing to make a risky red planet landing. It is planning to speed like a bullet, and if all goes as planned, land with a bounce on Mars tomorrow night. We wish them luck.

That's a look at the "UpLink" tonight.

When you hear the phrase "baby dangling," you probably think of Michael Jackson on a balcony. Well, we're not sure what TV crocodile hunter Steve Irwin was thinking, but he has sparked an outrage and a possible police investigation after a shocking stunt involving a hungry crocodile and his 1-month-old son.

ITN's Dan Rivers reports.

(BEGIN VIDEOTAPE)

DAN RIVERS, ITN (voice-over): : As publicity stunts go, this one was bound to cause outrage.

STEVE IRWIN, CROCODILE HUNTER: And look! Good...

RIVERS: The baby is Steve Irwin's son, Bob. He's just four weeks old and only an arm's length from a 12-foot crocodile at Steve's wildlife park in Queensland. It was billed as the baby's first chance to feed a crocodile. Thankfully, it didn't end in tragedy.

We showed the footage to a child safety expert who, despite her soar throat, pointed out that if it happened here, the social services would have been called.

UNIDENTIFIED FEMALE: This is all very worrying (UNINTELLIGIBLE). And parents has a big responsibility. And I think celebrity parents even more so.

RIVERS: Of course, this isn't the first celebrity to be criticized for handling a baby dangerously. But Michael Jackson apologized almost immediately, issuing a statement saying he made a terrible mistake.

Steve Irwin, on the other hand, says he's just teaching his son to be croc aware. The Queensland Police may not share that view, however. They, along with child protection and health and safety officers, are considering whether to prosecute him.

Dan Rivers, ITV News.

(END VIDEOTAPE)

COOPER: Well, here's a statement from Animal Planet. It says it "does not support any activity that intentionally places a child in harm's way." It goes on to say, "Based on the footage we've seen, we believe a mistake was made. That said, we know from the many years that we've worked with Steve that his family is the most important thing in his life and he takes his role as a father very seriously."

There you have it. Time now for a fast fact. This is actually not the first time that croc hunter, Steve Irwin, is, well, let's say cavalier with his kids. Take a look at these pictures that we found on the Australian zoo Web site.

You can see Steve Irwin happily posing with his wife and first child, Bindy Sue (ph), and, yes, a crocodile. Also with a tiger. And there's one more, the happy family with a massive snake.

The online caption of this picture says it all. It reads "Bindy Sue Irwin (ph) was born July 24, 1998, and no, she isn't a squeamish type."

There you go.

She was involved an infamous dog mauling case. Her neighbor ripped to shreds in their hallway. Find out why this woman, Marjorie Knoller, is already back on the streets.

Also tonight, a Kansas State quarterback accused of rape as the team prepares to take the field in the Fiesta Bowl. Will the coach let him play? We'll find out.

And that leads us to tonight's "Buzz." What do you think? Should the college quarterback who's been accused of sexual assault, accused, not charged, should point out, should he be allowed to play in tonight's Fiesta Bowl? Vote now: cnn.com/360. Results at the end of tonight's program.

(COMMERCIAL BREAK)

COOPER: Well, a new twist in the CIA leak investigation in Washington. CNN has confirmed that the FBI is pressing some people in President Bush's inner circle to let journalists tell whatever they know about the outing of a CIA officer.

Viveca Novak is one of the reporters who broke the story for "TIME" Magazine's Web site. She joins us from Washington.

Viveca, thanks for joining us. Why did investigators take this step?

VIVECA NOVAK, "TIME" MAGAZINE WASHINGTON CORRESPONDENT: Well, it seems that there is a -- this is sort of a crucial change of pace in the investigation. Along with the appointment of a special prosecutor this week and the recusal of the attorney general, they are asking White House officials to sign a document releasing reporters from any confidentiality agreements they may have with those sources. And what it seems to be is preparation for a possible subpoenaing of the reporters before the grand jury. COOPER: So theoretically, if reporters are subpoenaed and they ask to testify in front of the grand jury and they choose not to, does that mean some of them could go to jail? I mean, CNN's Robert Novak for one?

NOVAK: Well, it is certainly a possibility because prosecutors are being very careful, I think, laying the legal groundwork here to go to the judge and say, we have exhausted all other avenues for getting this information that we need, and we now need the reporters to talk and the reporters are not talking. A crime is committed here. We need them to talk. And the judge could then hold them in contempt and put them in jail, yes.

COOPER: What are you hearing about how severely people within the White House are taking this investigation? I mean, is there pressure to sign this document?

NOVAK: Yes. I think it's pretty clear that you can't not sign it. It is bad, I think, at this stage to be portrayed as not cooperating with this investigation. The White House is portraying itself as taking it very seriously. And if somebody doesn't sign it and they are then kept on and nothing is said about it, I think that would look pretty bad.

COOPER: How do you see this thing playing out? I mean, where does it go from here?

NOVAK: Well, it appears that the Justice Department is taking this investigation very seriously, having appointed a very well respected U.S. attorney to lead the probe now and asking for the officials to sign these documents. I think that they are going to be asking a grand jury to subpoena some people, and reporters, of course, don't have a great history of responding to that kind of pressure. But in this case, with a crime as serious as this in the post-9/11 world, I think a judge might take it very seriously.

COOPER: You broke the story just a few hours ago. Has Karl Rove signed this document? Do we know yet?

NOVAK: Well, we know that Karl Rove and other White House officials have received it. It's unclear if at this hour they have signed it.

COOPER: All right. Viveca Novak, "TIME" Magazine, you broke this story on the time.com Web site. Thanks very much for being with us.

NOVAK: Good to be with you.

(BEGIN VIDEOTAPE)

COOPER (voice-over): More flights are grounded. Will this really keep us safe?

Marjorie Knoller, the caretaker of a killer dog, gets paroled. We'll be right back. (COMMERCIAL BREAK)

COOPER: Time to "Reset" tonight's top stories.

The House is getting another Republican. CNN has learned Congressman Ralph Hall of Texas will announce shortly that he is switching parties from Democrat to Republican. The switch will mean there will now be 229 Republicans in the House and 204 Democrats, with one vacancy and one Independent.

A U.S. transportation official says specific intelligence has prompted the cancellations of international flights in the past couple of days. At least nine international flights have been canceled or delayed for security reasons since Wednesday.

U.S. military officials are denying claims that coalition troops desecrated a Baghdad mosque during a weapon's raid. Sunni Muslims protested today, saying the troops defiled a Quran. During the raid, troops confiscated a large cache of weapons and arrested 32 people.

And a CNN-"TIME" poll says Howard Dean is at the head of the pack of the nine Democratic presidential candidates. Dean beat out all of the candidates when those who took the poll were asked about hypothetical two-way match-ups.

That's a look at the "Reset" tonight.

More now on all the flight cancellations, delays and military jet escorts in our code orange world. The Associated Press reports that law enforcement officials acknowledge some delays over the past couple of days were caused by mistaken identities. Earlier I spoke with Jim Hall, former chairman of the NTSB, out of the terror fears.

(BEGIN VIDEOTAPE)

COOPER: Jim, I guess there are a couple of ways at looking at these latest flight cancellations. Some people might look at them and say, well, look, that means the security is in place, it's working. Others might say this is a defensive, not a proactive move.

What do you think? Is our security plan adequate?

JIM HALL, FMR. NTSB CHAIRMAN: Well, I think it's, as you said, good news and bad news. I think it's good news with the heightened alert. Obviously our security is working much better than it did prior to 9/11. There's a lot of screening of passengers going on, both nationally and internationally.

Long term, I think we would be better served, Anderson, by having an independent organization such as the NTSB that would look at these incidents and look at -- examine them and come up with some long term recommendations, because I don't think the aviation industry economically is going to be able to handle this type of disruption over the long term.

COOPER: What about these databases that the U.S. is using? I read in the "Wall Street Journal" that with the groundings from the flights from France the other day, they were using sort of 12 different archaic databases.

HALL: Well, you know, we found after 9/11 that we had a lot of communication problems between the security agencies here in the United States. I think what this is demonstrating to us is that we need to do a lot better job on the international level, maybe using organizations like the ICAO, the International Civil Aviation Organization out of Montreal and others to set up standard databases so we don't have this type of confusion.

COOPER: Are you talking about standard databases? What are other recommendations you might have for the administration to try to improve the international flight safety?

HALL: Well, obviously, I think the whole gamut, from looking at the aircraft, the things that can be done, obviously, with fuel, which is what makes the aircraft such a dangerous weapon, to look at refining the air marshal system, to possibly providing more information to the passengers. The passengers are really the first and best line of defense, as we've seen in these situations.

So, looking at new innovative ways, using also the smart card technology so we can do a lot of the prescreening of passengers, so that when we have some of these flight problems, we can focus, you know, on the folks that we consider the bad apples and the problems that may be aboard the aircraft.

COOPER: Jim Hall, thank you very much for joining us today. Thanks.

HALL: Thank you, Anderson.

COOPER: Time now for "Justice Served," more specifically time served, or lack of it. In California, the woman convicted of involuntary manslaughter in the brutal, unprovoked dog mauling that killed her neighbor in 2001, well, she is out of jail tonight.

Marjorie Knoller served more than half of a four-year sentence. Why is she out?

Charles Feldman reports.

(BEGIN VIDEOTAPE)

CHARLES FELDMAN, CNN CORRESPONDENT (voice-over): Marjorie Knoller was released from a central California woman's prison New Year's Day and taken to Southern California, rather than her home in San Francisco, to serve out her three-year parole. From the time of her arrest, Knoller has been behind bars for 33 months.

In 2001, Knoller was handling two presa canario dogs for a friend when one attacked and killed 33-year-old Diane Whipple in a San Francisco apartment building.

UNIDENTIFIED FEMALE: And her face was -- the victim, she was completely naked. There was an EMT working on her, but she appeared to me to be dead. There was blood soaked in the hallway approximately 20 to 30 feet in the carpet.

UNIDENTIFIED FEMALE: We, the jury, in the above titled action, find the defendant, Marjorie Knoller, guilty of the crime of murder.

FELDMAN: Knoller was originally found guilty of second degree murder, but a judge threw that out. The state is appealing.

The case got a lot of media attention and had to be moved to L.A. Knoller's husband, already out on parole, told a local TV station...

ROBERT NOEL, MARJORIE KNOLLER'S HUSBAND: I'm happy beyond words and absolutely relieved that she's out.

FELDMAN: Not so happy, says one of the prosecutors, is the victim's former domestic partner.

JAMES HAMMER, PROSECUTOR: They had Marjorie Knoller walk out after only two years, and it was very upsetting to her. And that really hit home for me.

FELDMAN (on camera): Knoller is apparently also unhappy, telling a Bay Area TV station she doesn't know what she is going to do here in Southern California.

Charles Feldman, CNN, Los Angeles.

(END VIDEOTAPE)

COOPER: Well, Sharon Smith, Whipple's former domestic partner, filed a civil lawsuit against both Knoller and Noel. Smith's attorney, Michael Cardoza, joins us now from Napa -- excuse me, from San Francisco, California.

Thanks very much for being with us.

MICHAEL CARDOZA, SHARON SMITH'S ATTORNEY: You're welcome.

COOPER: Your client, how does she feel tonight? I mean, Robert Noel was released last year. Now Marjorie Knoller is out.

CARDOZA: Well, she served 33 months, and Sharon certainly is deeply saddened. Keep in mind, she lost someone that she loved the most in her life. Then, she had to deal with the way Diana Lexus was killed.

Then she had to deal with a trial. Then she had to deal with a judge taking it from a second degree, which is 15 to life, down to an involuntary manslaughter and only four years in prison. And yet, to say only four years: of that, she only served 33 months or 69 percent of that.

COOPER: How much warning did she get?

CARDOZA: How many what? Cooper: How much warning did she get that Ms. Knoller was coming out?

CARDOZA: Oh, she got a couple of days from the state. And that's pretty much it. I was the one that actually told her, because they told me. Sharon had talked to the state before. And they had asked her what she wanted, and Sharon certainly told them, "Don't put her back in the San Francisco Bay area." And that's why she's going down to Ventura County in California.

COOPER: But after her parole -- I mean, after she's off the probation period, I guess she's free to return to San Francisco like anybody else. How worried...

CARDOZA: Right. It's after the parole -- it's after the parole period and she can then go wherever she wants.

And remember, when I hear that she's saddened because she's getting out of prison? I say, fine. Stay in prison then. But remember, she has the rest of her life to lead. And I'm sure she will figure out something to do. That's something that she denied Diana Lexus Whipple.

COOPER: And she never apologized about what happened, did she?

CARDOZA: She never said I'm sorry. Neither did Robert Noel. Even now, if they were to say it, it would certainly be hollow words. But no, they never, never said those words or anything near those words.

COOPER: Michael Cardoza, attorney for Sharon Smith, we appreciate you joining us tonight. Thank you very much.

CARDOZA: You're welcome.

COOPER: Three-sixty legal analyst Kimberly Guilfoyle-Newsom was one of the prosecutors in this case originally. She joins us live from San Francisco.

Kimberly, good to see you.

KIMBERLY GUILFOYLE-NEWSOM, 360 LEGAL ANALYST: You as well.

COOPER: Shocking that they never apologized, neither Noel nor Knoller. How surprised were you that she got out early?

GUILFOYLE-NEWSOM: Well, I'm surprised she got out early, but unfortunately, she didn't do the full amount of time. You get credits for time served, and they were in custody from the minute after the indictments came down and the grand jury, the whole time in the proceedings. So they had a lot of time built up, and basically that was all applied. And that's why you see her not doing the full four years.

It's an outrage, because a jury of 12 found her guilty of a second degree murder. And a judge long after the trial was over decided to dismiss that charge, and that's what's disturbing because justice was circumvented in this case.

COOPER: Now, the state attorney general's office is trying to appeal that reversal of the second degree murder. Is there any chance of that actually happening?

GUILFOYLE-NEWSOM: There's a chance, but the way the trial judge made his ruling and issued the statement, it is more of a slim chance, unfortunately. So if it did happen, though, then she would be remanded back to San Francisco for the reinstatement and re- sentencing.

COOPER: Knoller and Noel certainly seemed to exhibit a lot of chutzpah throughout this entire thing. They're actually appealing their sentences, aren't they?

GUILFOYLE-NEWSOM: They're both appealing, yes. The convictions for involuntary manslaughter and possession of a mischievous animal that causes death. I think it's unlikely that their appeals will be granted. I think those convictions will remain intact, and they should be.

The trial was done with the utmost care. It was a solid record put in and overwhelming evidence to support those convictions. I don't think they'll prevail.

COOPER: I know this has caught a lot of people by surprise. Kimberly Guilfoyle-Newsom, appreciate you joining us tonight from San Francisco. Thanks, Kimberly.

GUILFOYLE-NEWSOM: Thank you.

COOPER: There's a dark cloud over the Fiesta Bowl tonight with sexual assault accusations, not charges, accusations made against Kansas State's quarterback. We'll look into that.

Plus, fans of Carrie and company, make no plans for this weekend until you see our "Weekender" report. We'll be right back.

(COMMERCIAL BREAK)

COOPER: Getting a lot of e-mails right now over this next story. As if the scrimmage over college football's rating system for picking a national champion weren't enough, there was another controversy surrounding tonight's Fiesta Bowl.

Just hours ago, Kansas State's star quarterback was cleared to play in the day a day after he was accused of sexual assault. Will he actually play? That's the question.

CNN sports correspondent Josie Burke is following all the action from New Orleans -- Josie.

JOSIE BURKE, CNN CORRESPONDENT: Hi, Anderson.

That question about whether Ell Roberson will play probably won't be answered until that game gets underway, maybe not until well into the game.

It's supposed to kick off at around 8 p.m. Eastern out in Arizona. That's where a 22-year-old woman said that she was sexually assaulted in the wee hours of Thursday morning. A police investigation is ongoing.

But again, Kansas State said that Roberson has been cleared to play, because they did their own investigation. And according to Kansas State, they found that Roberson committed no criminal act. They issued a statement today, saying just that.

And the athletic director, Tim Weiser, went on to say, "The university views this situation very seriously and has been working closely with law enforcement throughout this investigation. We appreciate the manner in which this investigation is being handled and look forward to an expeditious resolution."

Now, police, again, say that their investigation is ongoing. They also say that medical testing was conducted, but those results have not come back yet.

And according to the procedure out there in Arizona, the police will file a report. That will be given to the Maricopa County attorney, and then at that point in time, the attorney's office will decide whether or not charges will be filed.

And one other note, police have said that Roberson does say that there was an encounter, but he says that the sex was consensual -- Anderson.

COOPER: All right, Josie Burke. Thanks very much, live from Louisiana -- New Orleans. Thanks very much.

Let's be clear here. No charges have been brought against this football player. Can't repeat that enough. But certainly, the story is one we've heard before. Sports star, hotel room, sexual assault accusation, claims of consensual sex.

Our next guest, Jeff O'Brien, counsels athletes about their behavior off the field. He's the senior associate director of Northeastern University Center for the Study of Sport in Society in Boston.

We appreciate, Jeff, you joining us tonight. Thanks very much.

JEFF O'BRIEN, NORTHEASTERN UNIVERSITY: Thank you.

COOPER: What kind of message does it send if Mr. Roberson is allowed to play tonight?

O'BRIEN: I think it would be a negative message, and I wouldn't expect that that would be the message that the university will send. I believe...

COOPER: You don't think he's going to be allowed to play?

O'BRIEN: No, I don't.

COOPER: And it's the coach's decision, right?

O'BRIEN: At this point, the athletic director has made it pretty clear that it would be the coach's decision and trust his judgment.

COOPER: Why do you think he will be -- he will not be allowed to play, though? Because there are a lot of people say, look, I mean, the power in this school, I mean, there's a lot of money. This is a huge game for them. There's a lot of attention on the school. And look, these are just accusations, no charges have been filed.

O'BRIEN: I think if you look at it as a business decision, that's exactly what you're talking about. But the goal here is to think about the mission of universities. Because I think when we think about sport, the mistake is to think about it as big business, which arguably it is.

But the mission of colleges and universities is not about big business. It's about educating young folks. And if you think about a coach's responsibility, which Coach Snyder is well aware of, these things will play into -- will come into play. A personal decision based on what's right for the individuals involved.

COOPER: And I guess, even if Mr. Roberson did not -- there was nothing illegal in his activity if it was, in fact, consensual sex, I guess he is still perhaps or could be still found guilty of violating the team rules. There was a curfew involved. This is probably not the kind of activity his coach wants him engaging in before a huge game.

O'BRIEN: I think it's an important point, important to remember that Mr. Roberson is the one who's put himself in this position, breaking curfew. When officials went to his hotel room at 4:30 in the morning, he was nowhere to be found. An 11 p.m. curfew.

And to understand also that no charges can be filed yet, because the police officers and police departments have become much more astute in investigating these type of crimes. The lab reports need to come back the victim had had performed on her, and they need to do a more thorough investigation before they could file charges, which won't happen until next week.

COOPER: You know, a lot of people look at these kind of situations and say, look, this is a question of individuals behaving badly. But you think there's sort of a culture of, I guess, of bad behavior in some way and maybe a culture of entitlement. That's part of the problem.

O'BRIEN: I think that one of the things that we don't talk about a lot is when an athlete is accused of this type of crime, we look at it as an athlete problem.

I think one of things we really need to do is look carefully at the way we raise boys to be men and some of the messages that we send about relations with women. Now, that's a larger discussion for another time, but you look at a continuum of power and influence and entitlement that comes into play as people are along that continuum.

COOPER: And I know that's something you speak to young athletes that you work with a lot. Jeff O'Brien, appreciate you joining us. It was really interesting. Thank you.

O'BRIEN: Thank you, Anderson.

COOPER: All right. What do you think? Today's "Buzz" question is this: "Should the college quarterback who's been accused of sexual assault but not charged be allowed to play in tonight's Fiesta Bowl?" Vote now: CNN.com/360. We've been getting a lot of responses on this. We'll have the results at the end of the show.

All right. Let's move on something to far less serious, some top news now. Take a look at tonight's "Current."

Kurt Nilsen, the 24-year-old Norwegian plumber who's a little bit country and from a little bitty country is the first official "World Idol." Nilsen beat international rivals, including America's Kelly Clarkson -- shocking -- with his stunning rendition of U-2's "Beautiful Day" and his uncanny impression of Alfred E. Newman. It's true. Uncanny.

Deborah Norville is getting her own prime time talk show on MSNBC -- Congratulations -- according to a report in "Variety." It's not yet clear when her show will debut, but MSNBC executives hope to get it on air sometime before the entire network folds. That's what they're hoping. Michael Jackson -- I don't think I'm going to be working for them anytime soon.

Michael Jackson's "60 Minutes" interview has sparked a battle between CBS and "The New York Times." The "Times" reported that CBS, in effect, paid Jackson for the interview, with payments made through the entertainment division for Jackson's special.

CBS denies that it was ever in bed with Jackson, and of course, even if it was, nothing happened, and it's perfectly natural anyway. Thank you. I'm glad you guys liked it. When the camera crew laughs, you know it's all right.

The lead guitarist of Rush, who goes by the name Alex Lifeson, was arrested New Year's Eve in Naples, Florida, after a scuffle with police. Charges including aggravated battery against a law enforcement officer. If Lifeson is convicted, it could delay Rush's 20-year comeback plan. Let's hope not.

Do you have any plans for the weekend yet? Well, "Sex in the City" isn't the only option available for you coach potatoes this weekend. We'll fill you in on some of the less salacious stops in the "Weekender."

(COMMERCIAL BREAK)

COOPER: Well, the new year is here, and you're eagerly awaiting the latest, greatest offerings from Hollywood. But too bad, because not a single new movie opens nationwide today. But as you'll see in this edition of the "Weekender," there is plenty else, or you can see it has a chance to see last week's big hits without all the long lines.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: He's here.

COOPER (voice-over): In movies, "Return of the King" continues its top spot at the box office. It's made $224 million so far.

THE POINTER SISTERS (singing): We are family.

STEVE MARTIN, AS TOM BAKER: Twelve kids later, and we've still got the heat.

COOPER: "Cheaper by the Dozen" was No. 2 with $28 million, followed by "Cold Mountain," opening with $14 million. No big movies open up this weekend.

UNIDENTIFIED MALE: Larry, Larry. I'm so glad you were able to make it.

COOPER: In TV, however, there's plenty of new stuff.

UNIDENTIFIED MALE: Jeffrey, Jeffrey!

COOPER: The HBO hit "Curb Your Enthusiasm" starts a new season Thursday, as does "Sex and the City."

SARAH JESSICA PARKER, AS CARRIE BRADSHAW: I mean, where can this possibly go?

COOPER: This will be its final season.

Speaking of Sunday kickoffs, the Sugar Bowl will determine who's half of number one in college football. That should be 50 percent exciting.

New on DVD...

EUGENE LEVY, AS JIM LEVINSTEIN'S DAD: The longer a marriage lasts, the longer you can go without sex.

COOPER: The sequel to "American Pie."

UNIDENTIFIED MALE: You look like him.

DENZEL WASHINGTON, AS MATT LEE WHITLOCK: Like me?

COOPER: Also, Denzel Washington's "Out of Time" and the goth thriller "Underworld."

If worse comes to worse, you could always read a book. New in print, Anne Tyler's latest, "The Amateur Marriage" hitting shelves, along with Doug Brinkley's profile of John Kerry. And former Republican strategist Kevin Phillips' profile of the Bush family, "American Dynasty."

Then, there's Pete Rose's "My Prison Without Bars," the sad story of Pete Rose's downfall at the hands of Pete Rose.

(END VIDEOTAPE)

COOPER: Well, always some movies that for one reason or another kind of fall through the cracks. They just don't' get seen all that widely. Thankfully, our buddy, "New York Times" film critic Elvis Mitchell is here to tell us what we might have missed.

Elvis, good to see you again.

ELVIS MITCHELL, "NEW YORK TIMES" FILM CRITIC: Mr. Cooper.

COOPER: Let's talk about "House of Sand and Fog." I keep getting this confused with "Fog of War." What is "House of Sand and Fog" about, and why should anyone see it?

MITCHELL: OK. "House of Sand and Fog" has nothing to do with the invasion of Vietnam or bombing Hiroshima or putting seat belts in cars, which is actually kind of what "Fog is War" is about.

"House of Sand and Fog" is an adaptation of a novel. It's kind of schematic. I mean, it's basically about this sort of culture clash and a lack of communication that leads to huge tragedies over this fight over a house on the coast of northern California with really sort of amazing performances by Jennifer Connelly and Sir Ben Kingsley.

But again, the movie just sort of feels so mechanical in this way that they try to make this schisms work that you kind of get a sense of where it's going even if you haven't read the book.

And also, there's a point nobody's talked about in this movie. Ron Elder as the policeman who tries to help her out is really remarkable. I mean, you feel so deeply for him that you end up feeling a lot more about the movie because of his performance.

COOPER: Ben Kingsley scared me so much in the last movie he was in, he was so good in it, I was really creeped out. I'm not sure I want to see this one.

MITCHELL: Are you thinking about "Sexy Beast"?

COOPER: Yes, "Sexy Beast," yes. He was just scary. Yes.

MITCHELL: It was a great performance, too.

COOPER: Yes, it was. He's always good.

Let's talk about "Fog of War," which I actually saw. It's pretty compelling, all about Robert McNamara.

COOPER: And Ben Kingsley's pretty scary in that one, too. I'm sorry. I'm confused over "The House of Sand and Fog."

No, it's from the director, Errol Morris, who did, you know, "The Thin Blue Line" and "Mr. Death." And what Morris is really great at is people sort of talk and confess and explain what they are and what they're about. And letting Robert McNamara do that is one of the most important and controversial personages of the 20th Century. Again, a man who was involved with -- one of the engineers of the bombing of Hiroshima, of the escalation of forces in Vietnam, of getting seat belts in cars.

He's had a huge impact on this country and to hear him talk about the 11 lessons that he sort of learned or was trying to pass along is really fascinating stuff.

And in this movie, we hear more of Errol Morris' voice, literally trying to pull stuff out of McNamara to make him stop being so programmatic that it's quite fascinating to watch. And there's going to be more, even, on the DVD, because there's so much going on you want to see more of the picture.

COOPER: Yes. I mean, love him or hate him, Robert McNamara is certainly a controversial figure. But there's something about seeing him sort of talking directly to camera and trying to sort of reflect back on all the things that he has done and been involved with. It was very compelling.

Also, Errol Morris' style has always interested me. I read that it's sort of like a TelePrompTer. The camera actually has an image of him. So the person Robert McNamara was actually speaking to, an image of Errol Morris.

MITCHELL: Yes. It's a sort of weird interrogation process he uses.

But, you know, if you're watching the movie and paying attention, you hear Morris' voice in the movie, actually, which you never generally do in the other pictures. He's kind of pushing McNamara to answer questions. Because, obviously, McNamara has been doing this for so long and is so brilliant, basically coming up with these constructs that are abstractions and not real answers, that to hear Morris push him is really, I think, as compelling as hearing McNamara have to dig into himself to come up with the real answer to the questions and not just some programmed response.

COOPER: All right. Ten seconds left. "Cheaper by the Dozen," Steve Martin. I don't even know what it's about. It's a remake of some another movie. Was it good? Is it worth seeing?

MITCHELL: Yes. America's No. 1 comedy, because there is no other comedy.

COOPER: That's it? That's why it's No. 1 comedy, you think? Oh, well.

MITCHELL: It's a comedy by default and No. 1 by default.

COOPER: All right. That's kind of sad. I'll leave it there.

Elvis Mitchell, always good to talk to you. Thanks very much.

MITCHELL: Thank you.

COOPER: All right.

Well, if you're the gambling type, you might have plans tonight to get out the card table with your buds, play a few hands of poker. Just be aware there's a new trend in Vegas, poker techies. And your opponents might be learning a thing or two from them.

CNN's Bruce Burkhardt reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Players, please take your seats.

BRUCE BURKHARDT, CNN CORRESPONDENT (voice-over): Day one, a five-diamond world classic at the Bellagio Hotel in Las Vegas. Three- hundred-and-fourteen players have paid $10,000 a piece to have a crack at a million dollar first prize.

It's a long way from the back rooms of West Texas where Doyle Bronsun learned to play. Winning the pot then was only half the battle.

DOYLE BRONSUN, POKER PLAYER: I mean, you were in danger of getting arrested. You were in danger of getting robbed. You were in danger of getting cheated.

BURKHARDT: But now, poker has come out of the back rooms.

UNIDENTIFIED MALE: Nowhere are the stakes higher.

BURKHARDT: Thanks in large part to TV, poker has found a huge new audience and is attracting a new breed of player: techies, geeks, Internet millionaires.

CHRIS FERGUSON, POKER PLAYER: And now they're using their brains to attack the game of poker from a theoretical standpoint, like they did when they started up their Internet companies.

BURKHARDT: Chris Ferguson has been one of the top money winners in tournament poker, a computer scientist who applied those skills at the table.

FERGUSON: I've written a lot of computer programs to analyze poker and to analyze particular situations in poker, so that when I go back to the table, I'm prepared when those similar situations occur when I'm actually playing.

BURKHARDT: Using very sophisticated math and something called game theory, Ferguson and others techies are trying to win with science. Doyle Bronsun, often called the Arnold Palmer of poker, isn't worried. BRONSUN: Poker is about people. It's not about math.

BURKHARDT: People, knowing whether they're bluffing, how to read them, what they're thinking.

Thanks to TV, which shows a player's hidden cards, a lot of people now think they know enough to play. But remember that old saying, if you're in a card game and don't know who the sucker is, you're probably it.

BRONSUN: And these poker players, boy, they will drink your blood.

BURKHARDT: Bruce Burkhardt, CNN, Las Vegas.

(END VIDEOTAPE)

COOPER: Well, are you kind of sick of the 2003 end of the year retrospectives? We are. So we're going to take 2004 to the "Nth Degree."

But first, today's "Buzz": "Should the college quarterback who's been accused of sexual assault but not charged be allowed to play in tonight's Fiesta Bowl?" A lot of people voting on this one tonight. Get your vote in: CNN.com/360. We'll have the results in just a few moments.

(COMMERCIAL BREAK)

COOPER: Time now for the "Buzz." We asked you "Should the college quarterback who's been accused of sexual assault but not charged be allowed to play in tonight's Fiesta Bowl?" Here's what you said. Sixty-one percent of you said yes; 39 percent no. Not a scientific poll. Just viewer buzz.

Tonight, retrospectives to "The Nth Degree."

After almost a full month of retrospectives, highlight shows and reviews of the year 2003, you must be sick of them, which is why tonight, we bring you a very special look back at the year 2004 so far.

It all began with a young nation, ringing in the new year with hope and optimism. But the nation would be tested in the coming hours when America's idol, Kelly Clarkson was toppled by some Norwegian guy.

UNIDENTIFIED MALE: I'll tell you what it means to me. You've got to be a fool, frankly, to go New Year's night to Times Square.

COOPER: And what about a Connecticut congressman would turn out to be more scared of terrorists than Cyndi Lauper?

America's politicians saw their stocks rise and fall while the surging economy failed to produce any significant job growth in the year's so far only work day.

In the new year, President Bush came out with a startling proclamation.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Day after day, we'll continue to see.

COOPER: 2004, what a year so far. Seems like only two days ago it was 2003.

So what lies ahead for America? What's next? Well, "PAULA ZAHN NOW," actually. Have a great night.

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





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