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CNN Live Today

Muhammad in Court to Hear Sentence; Senate Requestions Tenet

Aired March 09, 2004 - 10:00   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.


DARYN KAGAN, CNN ANCHOR: And good morning, everyone. From the CNN headquarters in Atlanta, I'm Daryn Kagan. Let's start by taking a look at the stories making news at this hour.
Convicted sniper John Allen Muhammad is in court to hear his sentence. The jury recommended the mastermind of the D.C. area sniper shootings to get the death sentence. Muhammad's accomplice, Lee Boyd Malvo was convicted in a separate trial. He will be formerly sentenced tomorrow. The two were convicted after a wave of terror that left 10 people around the Washington area dead.

More tough questions from a Senate committee for CIA director George Tenet; you see a live picture from Capitol Hill. The intelligence chief is at a hearing on future threats to national security. In recent hearings, senators have questioned Tenet about CIA's pre-war intelligence, Iraq's alleged weapons of mass destruction and why none have been found so far.

Where is Osama bin Laden? Officials with access to the latest U.S. intelligence say the al Qaeda leader maybe preparing to move from Pakistan to Afghanistan because of beefed up efforts to find him. The Pentagon says they don't know exactly where bin Laden is but they believe he's hiding out in the mountains of Pakistan.

And Senator John Kerry campaigns in Illinois today. That's where he'll talk prescription drugs with senior citizens during a stop in Evanston and an address at a rally in Chicago. As Kerry campaigns, voters in Mississippi, Texas, Louisiana and Florida are heading to the polls to cast their votes in their states' primaries. The presumed Democratic nominee, Kerry, is expected to win the lion's share of delegates that are at stake.

The first hour of CNN LIVE TODAY begins right now.

And let's take look at what we are watching live this hour. The business of politics. President Bush honors four businesses in the ceremony later this hour in Arlington, Virginia. Those companies being honored with the Malcolm Baldrige National Quality Award. They are from Pennsylvania, Tennessee and Missouri.

But we begin with the latest on Attorney General John Ashcroft. CNN has learned that Mr. Ashcroft will undergo surgery about two hours from now. Ashcroft has been hospitalized since Thursday for gallstone pancreatitis, that is a very painful inflammation of the pancreas. Doctors will remove his gallbladder to prevent a recurrence. Joining us to discuss the procedure is Dr. John Affronti, associate professor of medicine at Emory University and a specialist in gastrointestinal medicine.

Doctor, good morning. Thanks for being with us again.

DR. JOHN AFFRONTI, ASSOCIATE PROFESSOR OF MEDICINE, EMORY UNIVERSITY: Good morning.

KAGAN: When we had you on earlier talking about this, you said it rarely comes to this where you actually have to go and do surgery.

AFFRONTI: Well, there are different types of surgery for pancreatitis. It's very common for a gallstone pancreatitis to be treated with surgery if the surgery is to remove the gallbladder. It's simply removed to prevent future attacks of gallstone pancreatitis.

KAGAN: But is this going to make him feel better now?

AFFRONTI: Well, we don't have the specifics about the type of surgery that's going to be performed. But that's a possible surgery that he's going to have. If that is in fact going to happen, and his gallbladder is removed, and stones removed, it will prevent future attacks. What will happen to his pancreas at this point depends on a lot of different things. Right now, I have no information about what the condition of his pancreas is in, so we'll have to wait and see.

KAGAN: And how involved is this surgery?

AFFRONTI: If there is a gallbladder surgery, and I want to point out that this is one of many different types of surgery that can be done here, I'm not sure what kind of surgery is going to happen. But if it's gallbladder surgery and the pancreas is with very little residual inflammation, these are routine surgeries and many times can be done with a laparoscope or something...

KAGAN: Yes, we're being told that's how it's going to be done.

AFFRONTI: Well, that's certainly a good sign that this is a very routine surgery then.

KAGAN: And then what about recovery there that?

AFFRONTI: The recovery from gallbladder surgery is much different than it used to be just 10 years ago. Usually patients, after gallbladder surgery with a laparoscope will be out of the hospital in a few days.

KAGAN: All right. Well, we hope the attorney general is feeling better soon.

Dr. Affronti, thank you for your expertise again.

AFFRONTI: You're welcome.

KAGAN: Appreciate it.

We move on now to Manassas, Virginia. Formal sentencing is scheduled in about three hours from now for John Allen Muhammad, convicted in the sniper spree that terrorized the Washington, D.C. area two years ago.

Our Jeanne Meserve has been covering the shootings, the court proceedings as well, and has this look.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, HOMELAND SECURITY CORRESPONDENT (voice-over): A jury gave John Muhammad death for his role in the sniper slayings. Muhammad's lawyers will argue for a reduction in that sentence. In court filings, Muhammad's attorneys say the loss of his children and marriage, poverty, neglect and abuse transformed him. John Muhammad is not the born murderer and instrument of the devil that some claim he is, they argue. But legal experts say the likelihood of Muhammad's sentence being reduced to life in prison is just about nil.

PAUL BUTLER, GEORGE WASHINGTON UNIV. LAW SCHOOL: It's very unlikely. Judges in Virginia are almost, always follow the jury's recommendation in death cases.

MESERVE: In the case of Lee Malvo, who has a parallel appearance Wednesday, the judge has no option but to finalize the jury's sentence of life without parole.

Because sniper killings took place in many jurisdictions, Muhammad and Malvo could be tried elsewhere. And one prosecutor says they should be.

DOUGLAS GANSLER, STATE ATTORNEY, MONTGOMERY CTY, MD: There's always the possibility of appeal and reversal on appeal. And that we should try these men in other states applying other laws to other facts.

MESERVE: But more prosecutions of Malvo may be put on hold until after the Supreme Court decides next year whether juvenile death sentences are constitutional.

BUTLER: Prosecutors may wonder if it's worth their resources to spend another time getting the same sentence. You can only serve one life term in prison.

MESERVE (on camera): Yesterday afternoon, Muhammad's lawyers filed another motion, urging the judge to reduce their client's sentence. They said it violated fundamental fairness that Muhammad should receive a death sentence and Lee Malvo life in prison for the same crimes.

Jeanne Meserve, CNN, Manassas, Virginia.

(END VIDEOTAPE)

KAGAN: And now to new voting concerns in Florida, one of four states holding Democratic primaries today. The state could once again be a decisive election battleground. Not only in the Bush/Kerry contest there too close to call, it seems a new voting system, intended to exercise the ghost of hanging chads may actually raise the specter of new problems and more uncertainty.

Our John Zarrella joins us; he's at a polling place. He is in Plantation, Florida.

Looks like lovely voting weather this morning, John. Good morning.

JOHN ZARRELLA, CNN CORRESPONDENT: Oh, Daryn, a beautiful day for voting but not very many people coming out; probably the idea that it's pretty much a fait accomplice that Senator Kerry is going to be the Democratic nominee.

Now, we can't really exercise the demons here in Florida of the past elections. This is one of those infamous, as you recall, punch card ballots from right here in Broward County from 2000. No longer using punch cards, using these electronic voting machines, like the one that you see here behind me. Fifteen counties in Florida have these electronic machines, Ivotronics, this particular brand of machine here.

And what happens is the poll worker will come here up with a box, insert that box into the machine. And then the screen will light up and first thing it will show, asking the voter if they want to vote in English or Spanish. And then the voter takes off from there to go ahead and cast their ballots.

Now, nationwide come the fall of this year, 2004, during the presidential race, there will be some 50 million voters nationwide, who will be using some form of an electronic voting machine. That's 29 percent of registered voters. Now, the hope is that by the time the fall comes around, that all the kinks and bugs will be worked out of these machines. Been using them in Florida for a couple years. But other places around the country, just now coming online with electronic voting machines. So come the fall, there could still be problems with those machines.

Now, Florida is seen as pivotal, definitely could decide what happens to the presidency. And Senator Bob Graham, who may well be a Republican -- the Democrat's vice presidential candidate, could possibly be, he's being considered by Senator Kerry. He was on "AMERICAN MORNING" this morning and Senator Graham, who is retiring from his Senate seat here in Florida, said that he does believe that Florida will be pivotal in deciding who the next president is.

(BEGIN VIDEO CLIP)

SEN. BOB GRAHAM (D), FLORIDA: Florida will be pivotal. Of the large states in the nation, it is the largest state that is not already assigned to either the Republican or Democratic column. So it represents exactly 10 percent of the electoral votes necessary to be elected president. So it will be pivotal. It will be competitive and it will be Democratic. (END VIDEO CLIP)

ZARRELLA: Of course that's the big question. Will it go Republican or will it go Democratic?

Now here this morning, they've had may be about 30 people come in to vote. They have about 800 people on their registry to vote in this particular precinct, Daryn; so really a low turnout. But across the state, we are not hearing of any problems at any of the polling places. But again, with such light turnout, election officials should be able to handle what, if any, problems do crop up -- Daryn.

KAGAN: The free run through they just might need before the big one in November.

Thank you, John Zarrella.

Let's get a national look at the political landscape. Take a look at the latest numbers, the latest CNN/"USA Today" Gallup poll shows 52 percent of likely voters say they would now choose Senator Kerry, compared to 44 percent showing President Bush as their likely choice. Yet, interestingly, the same poll shows that most people believe it will be President Bush who wins the November election. When asked to be objective and predict the winner, 52 percent chose Mr. Bush, 42 percent said it will be Senator Kerry.

Well, let's turn our focus back to Florida now, where emotions and expectations are already running high in political circles. Here is what Scott Maddox, Florida's Democratic Party chairman had to say.

Quote, "The battle for the nomination may be over, but the battle for the presidency has just begun, and Florida will once again be ground zero.

For a closer look we turn to our guest Beth Reinhard, she is a political writer for "The Miami Herald."

Beth, good morning.

BETH REINHARD, POLITICAL WRITER, "THE MIAMI HERALD": Good morning.

KAGAN: First, I want to pick up where John Zarrella's report left off. It does not appear Florida has quite figured out the complete solution to the hanging chad.

REINHARD: No, we haven't, unfortunately. There's still a lot of anxiety at the polls about these new touch screen machines. One voter I talked to this morning said, "It just doesn't feel like a real vote." People are used to either putting a piece of paper into a ballot box or pulling a heavy lever. And they're still a little uncomfortable about using this new technology.

KAGAN: What does a political reporter, like you, look for on a day like today when it's state-wide election, and yet, at least the primary part has already been decided, it would appear? REINHARD: Well, one thing that we're looking at is, you know, per your previous question, is how people are responding to the technology? How the poll workers are operating. Are they well trained at using the machines? And are the machines working as they should? You know, our experience in 2000 has scarred us, and we're trying to sort of rehabilitate our image here in Florida.

KAGAN: Looking forward, the latest poll numbers show that John Kerry is actually leading in Florida for the November election. Do you expect that to hold?

REINHARD: Oh, it's way too early to say that. Things change so quickly in politics. There definitely is a strong feeling among Democrats here that lingers from 2000. You know, they feel like the election was stolen from them. But of course on the other side, Florida is split right down the middle. There are equally strong feelings among Republicans in favor of the president. And of course he has his not so secret weapon in his brother, Governor Jeb Bush, who remains fairly popular across the state.

KAGAN: And as the national candidates come in to Florida, and I imagine this will not be the last visit that you'll be having from Senator Kerry and President Bush will be down there. What would you say -- explain to them, this is the thing you need to understand about Florida voters?

REINHARD: Well, Kerry has actually come here twice since Super Tuesday, when he clinched the nomination. And I think Democrats in south Florida who have long been able to wield a lot of clout in national state elections, you know, they will turn out. But they like to be catered to and Kerry can't take those voters for granted. At the same time, he can't ignore the Independent voters that are in the central part of the state, who also are going to, you know, want to be courted. And they will be by both sides. So I think that both candidates are going to have to pay a lot of attention to Florida. And I think they will.

KAGAN: And you'll be right there covering them. Beth Reinhard with "The Miami Herald," thanks for taking time on this Election Day to join us here.

REINHARD: Thanks.

KAGAN: Appreciate it.

You're going to want to stay with CNN LIVE TODAY.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What are they?

UNIDENTIFIED MALE: Love handles. Lots of people lose them taking the stairs instead of the escalator.

(END VIDEO CLIP) KAGAN: The government push to get you to lose weight. Health and Human Services Director Tommy Thompson will be along to talk about these ads.

And the little girl that a family thought was killed in a fire spends a night with her real mother.

And then later, Wynton Marsalis is our guest. He has a little magic on his mind, he joins us to talk about his new album and play some tunes. That's coming up.

(COMMERCIAL BREAK)

KAGAN: Coming up on CNN LIVE TODAY, we're taking you to the farthest reaches of the universe. Stay with us for an incredible view.

(COMMERCIAL BREAK)

KAGAN: Perfectly good reason to star off into space, we're showing you the deepest ever view of the universe. The stunning, new images from the farthest regions of the solar system, courtesy of the Hubble Space Telescope, shows galaxies that are 13 billion years old. Experts say that those could be the last pictures you'll see for a while though. NASA is abandoning the Hubble telescope because they say it's too dangerous to service it.

We also have a special guest launching a new offensive in the battle of the bulge.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Looks like somebody's double chin. Must have lost this snacking on fruits and vegetables.

(END VIDEO CLIP)

KAGAN: Tommy Thompson, secretary of health is our guest to talk about the federal government's new ads to combat obesity.

And a long awaited reunion for a mother who thought she'd lost her daughter six years ago. The details just ahead.

(COMMERCIAL BREAK)

KAGAN: The future of the Martha Stewart brand remains uncertain this morning. And its namesake faces possible prison time. Martha Stewart's company is taking a wait and see approach, before making any major changes. A source tells CNN Stewart is off the board and she is off the air as well. Viacom has pulled the plug on the "Martha Stewart Living" show for its television stations.

Home is a strange place for a 6-year-old girl in Philadelphia. She's getting to know her real mother and her father, after being raised by an alleged kidnapper. That woman, a relative of the family, now faces charges. Carla Eboh, of station WTFX takes us to the homecoming.

(BEGIN VIDEOTAPE)

CARLA EBOH, WTFX CORRESPONDENT (voice-over): Six-year-old Aaliyah Cuevas is beaming and so is her mom. The little girl took time out of her welcome home party to say hi to reporters.

AALIYAH CUEVAS, ABDUCTEE: I'll get pizza and play with my brother.

EBOH: Her attorney helped pick the girl up from New Jersey DYFUS offices and drove them home.

ANTHONY CIANFRANI, LUZ CUEVAS'S ATTORNEY: ... had a nice chat and we're making plans to go to do things.

EBOH: So far, the lawyer says the girl hasn't asked any questions about Carolyn Correa, the woman who raised her.

CIANFRANI: She knows not to ask Luzaida about her. She knows the other one is in jail.

EBOH: About a dozen relatives, including Aaliyah's young brothers and state Representative Angel Cruz, entered the house for a private party. Pizza was delivered and so was a big cake. Although the party was private, the family couldn't deny the huge media presence. They kept taking trips to the door so everyone could take a look at Aaliyah. The girl kissed and hugged relatives over and over again for the cameras. But by the looks on their faces, they didn't seem to mind.

(END VIDEOTAPE)

KAGAN: And let's take a look at some other stories from across America.

To New York, dental records and X-rays confirm the death of writer and actor Spalding Gray. His body was pulled from the East River on Sunday and identified yesterday, two months after he disappeared. Family and friends of the 62-year-old say he had been battling depression and had attempted a suicide last year.

Also in today's obituaries, actor and former Academy Award nominee, Paul Winfield, the 62-year-old died of a heart attack on Sunday. Winfield first appeared on television in 1968, and later earned a best actor nomination for his role in "Sounder." He also won praise for his television roles as Martin Luther King Jr. And as an Emmy for a guest appearance on "Picket Fences."

In Arizona, a former firefighter was sentenced to 10 years prison for sparking what became the biggest wild fire in state history. Leonard Gregg had said he was simply trying to create some work for himself. Gregg was given the maximum sentence and ordered to pay $27 million in restitution. The U.S. states may be a world leader but when it comes to cars, American models have been anything but that until now. Find out which U.S. model outranks the European competition.

And jazz trumpeter, bandleader and composer, Wynton Marsalis joins me to talk about his new album.

(COMMERCIAL BREAK)

KAGAN: Let's take a look at our top stories at this hour.

Attorney General John Ashcroft is due to undergo surgery about 90 minutes from now. The 61-year-old Ashcroft has been hospitalized since Thursday with gallstone pancreatitis. Surgeons at George Washington University will remove his gallbladder trying to prevent a recurrence of this very painful condition.

U.S. military officials in Iraq say a roadside bombing has killed an American soldier today in Iraq's Sunni Triangle. The soldier was the first confirmed death in the Army's First Infantry Division, which is in the process of replacing them the Fourth I.D. That soldier was traveling in a convoy north of Baghdad.

A few hours from now, a U.S. Army sergeant accused of a deadly attack in Kuwait is to be arraigned. Thirty-two-year-old Hasan Akbar is charged with murder and attempted murder, in a grenade attack on fellow soldiers. The attack came during the opening days of the Iraq War. Akbar maintains his innocence and faces a summer court-martial that could carry the death penalty.

Several families of cadaver donors have filed a class action lawsuit against UCLA, accusing the school of knowingly allowing the program's director to illegally sell bodies and parts. That director and an alleged middleman have been charged in the case. UCLA officials say they had no knowledge of the breach but they vow to restore the integrity of the program.

We want to go to the White House live right now. That's where the administration has just concluded the informal briefing of the morning.

Our White House correspondent Suzanne Malveaux was in what they call the "gaggle." And she joins us now with a little construction in the background.

Suzanne, good morning.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn. Well, White House spokesman, Scott Mcclellan came out fight against those poll numbers, really downplaying the significance of them. He says, of course, it's not unexpected. He talks about months and months of attacks against the president. He is talking about the Democratic nomination process. He said really it was a one-way discussion really criticizing the president, that the president will continue to defend his record and he will also continue to contrast himself with that of Senator Kerry. Now, right now what we are seeing is the president is participating in the awards ceremony in Arlington, Virginia. That is where he's recognizing some organizations for their outstanding performance in manufacturing, small business and health care, among others.

This follows a two-day swing through Texas. That is where President Bush raised $3 million for his campaign. He attended a very popular rodeo and live stock show. According to voters there, it has become very clear the strategy here for the campaign to define Senator Kerry in the most negative light, to defend his own record and to shape the debate.

In his harshest criticism yet against his opponent, he accused Kerry of gutting intelligence. The Kerry camp saying that has been totally mischaracterized.

But the bottom line here of the president, his message is that he is a leader. You may not like his decisions, but that he has the courage to make those tough choices and that Senator Kerry does not.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Everybody knows where I stand. I'm clear visioned about what I intend to do when it comes to defeating the terrorists. I make it clear that if you harbor a terrorist, you're just as guilty as the terrorist.

I think America needs to speak with a clear voice, have a clear vision and leave no doubt in anybody's mind about where we stand. And anything short of that, anything that doesn't speak clearly, in my judgment, will cause America to be less secure.

(END VIDEO CLIP)

MALVEAUX: And also we're told of course there's going to be a continued emphasis on the 9/11 terrorists attacks. President Bush again defending himself before a local television station in Texas saying that he will continue to speak about that, that is something that taught him a valuable lesson. That when threats are against Americans that he will meet those threats time and time again, and he will use that in his campaign -- Daryn.

KAGAN: That is one area that Senator Kerry has gone on the attack, accusing President Bush of not allowing and not giving enough time to the 9/11 Commission, looking into the causes of what happened on that day.

MALVEAUX: There seems to be a little bit more wiggle room when it comes to that. Scott McClellan asked numerous times during this gaggle of course whether or not the president is going to limit this conversation that he is having with the chair and the vice chair of that commission to just one hour.

As the administration had said before, he said that the president will answer all of the questions that are posed to him during that time period. He did not say that it wouldn't go beyond that one-hour time period. So we do believe there's a little more flexibility there.

KAGAN: Suzanne Malveaux at the White House, thank you for that.

We move on now to health news. New revelations in the study of heart disease for heart patients the lower your cholesterol, the lower your risk of heart attack. That's according to a "New York Times" review of a study from the Harvard Medical School.

As the newspaper reports, experts involved in the study say that when heart patients lower their cholesterol far below recommended levels, they are far less likely to suffer or die of a heart attack. Researchers say the study's conclusions are remarkable.

And from heart disease we turn to healthy humor on another weighty issue.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Can I help you, sir?

UNIDENTIFIED MALE: I found these over by the stairs.

UNIDENTIFIED MALE: OK. Thank you.

UNIDENTIFIED MALE: What are they?

UNIDENTIFIED MALE: Love handles. Lots of people lose them taking the stairs instead of the escalator.

(END VIDEO CLIP)

KAGAN: You get the running joke. Taking the stairs or other little exercises are just a few small steps to a slimmer you. The ad is part of a new campaign being launched by the secretary of health and human services to promote exercise and activity to address the growing overweight epidemic.

And for more on this weighty issue joining us is the secretary of health and human services, Tommy Thompson, live from Washington. Mr. Secretary, thanks for being with us.

TOMMY THOMPSON, SECRETARY OF HEALTH AND HUMAN SERVICES: Good morning, Daryn. Thank you for having me.

KAGAN: Before we get to the issue of obesity, we have to ask you, do you have the latest on John Ashcroft and surgery he is about to undergo about an hour and a half from now?

THOMPSON: No, I do not. I just know that John is going to go through surgery. We're all praying for him. And we wish him the best. And we know that the surgery's going to be successful.

KAGAN: Absolutely. Wishing him the best from here as well. All right, let's get to the issue of obesity. Very serious numbers coming out later today that basically will indicate just how really morbid the obesity problem is for Americans.

THOMPSON: Sixty-five percent of Americans are either overweight or obese. And the number of deaths attributed to people that are overweight or obese is really increasing, from 300,000 last year to over 400,000 this year.

It's the fastest growing reason for people dying in America. And what we need to do is, we need people to start taking care of themselves. Take stock and look at themselves in the morning when they get up in the mirror and find out, you know, maybe I'm a little chunky.

And start taking those small steps. Walking instead of riding. Going up the steps instead of taking the elevator. Getting off one block earlier and walking that extra block. Taking the children out for a walk and watch what you eat. That's what we have to do in America.

KAGAN: So in terms of America being fat I don't think you're really telling people anything they we don't already know. What you're trying to say, though, by using some humor and trying to get this message across, don't feel like you have to go have major surgery, like you have to go on a major diet. Start with some small steps here, America.

THOMPSON: That is absolutely correct. And we are putting out these humor humorous ads. And we want to thank the ad council for doing them for us. But we really believes it carries a wonderful message. Use a little humor, but also get people to start thinking about themselves and saying, you know, I am a little chunky and see what I can do to do it.

You don't have to run a marathon, as you've said, Daryn. Or you don't have to go into surgery or you don't have to stop eating. What you have to do is just take the small steps. Don't eat that second helping. Push the plate away from -- push yourself away from that plate. Get up from the dinner table. And exercise. Do some pushups in front of the TV.

KAGAN: You don't strike me as the kind of guy that needs to take the small steps, Mr. Secretary. But are you making any changes in your own life?

THOMPSON: I am exercising and I'm also watching my diet. I have lost 15 pounds. I can't ask America to lose weight unless I'm willing to do so myself. I have got the whole Department of Health and Human Services on a diet, Daryn.

KAGAN: I bet they love you there.

(LAUGHTER)

THOMPSON: They're measuring up. And lot of people come up to me, wherever they see me and say, I have lost 10 pounds, I have lost 15 pounds. It's a good sign. And I think America needs to do the same thing.

KAGAN: It's not easy to do, especially on your schedule that you're keeping. I know you're just back from a trip to Iraq. Our own Dr. Sanjay Gupta went with you on that trip.

The brief visit that you had there, what was the impression that you took away just in terms of what the health services of Iraq face in rebuilding that country?

THOMPSON: Well I want to thank CNN for going with me to Iraq because it really pointed out, you know, that at one time not too long ago in the '60s and '70s Iraq had one of the best health care systems in the world. It was really a place where people came to get their health care needs taken care of.

And Saddam Hussein starved it to such an extent that it absolutely ruined the health care system to such an extent that they need everything. People are dying, especially children. What we need to do is get the infrastructure rebuilt. We need to get more medicines, more doctors trained.

And we're doing that. And I think people from Iraq are really excited about the possibility of having once again a good health care delivery system in Iraq.

KAGAN: Very good. Mr. Secretary, thank you for your time. Good luck with the ad campaign and making America thinner.

THOMPSON: Thank you very much, Daryn.

KAGAN: Appreciate it. Secretary Tommy Thompson.

A corporate battle that has the little guy caught in the middle. The latest on the EchoStar/Viacom battle that has more than a million viewers seeing very little.

And which American model cars leave the European models in the dust? We'll find out when CNN LIVE TODAY returns.

(COMMERCIAL BREAK)

KAGAN: Let's start now with a startling report on sexual assault within the U.S. Air Force. CNN learned that Air Force personnel in the Pacific were involved in nearly 100 accusations of rape in recent years. And officials say there's serious flaws in the way that those claims were handled.

Our Pentagon correspondent Barbara Starr has been developing this story and she joins us now with more. Barbara, good morning.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well good morning to you, Daryn.

Yes, there is a new study about rape in the Air Force out in the Pacific Theater. And the top commander himself calls it, quoting him, "not a promising picture."

The report indicates that over a three-year period, 2001 through 2003, there were 92 accusations of rape involving Air Force personnel in the Pacific. What the study has found is that the majority of the victims and perpetrators were under the age of 25. Fully one-third of these alleged rapes occurred in South Korea. The Air Force still looking into why that is the case.

But they have found in most of these cases, throughout the area a major factor, according to the Air Force, was the use of alcohol. Sixty percent of both perpetrators and victims said there was alcohol used before the assault.

Now, of the 106 members of the Air Force accused in these 92 cases, 14 were tried by court-martial, 7 were convicted, sentenced to an average of eight years in prison, 40 others received lesser punishment.

So there was action taken against these people. But the Air Force says they want to know much more about what exactly is going on. They want to know more about why some decisions were made to prosecute, why some cases were not prosecuted. They want to know more about whether victims are getting the appropriate assistance.

And perhaps one of the most disturbing statistics the Air Force report says is since the first of the year, there have been six additional alleged rapes in the Pacific Theater -- Daryn.

KAGAN: So this is a problem that is still going on clearly. But, Barbara, why focus just on the Pacific and just the Air Force? Could not this just be a bigger problem of the U.S. military at large?

STARR: Well, indeed. This study, of course, was ordered by the commander of the Air Force in the Pacific. But you are quite right. This is just one study showing a slice of what is going on. Of course the Army has been looking at the incidents of rapes and assault in the Iraqi Theater.

And Defense Secretary Donald Rumsfeld has ordered a study across the board looking at how these cases are handled, whether they are handled appropriately, whether there is the right amount of victim assistance. And he wants to know what recommendations the military can make to him on how to improve the situation.

But one consistent thread that appears to be running through many of these cases is they involve very young, junior enlisted personnel. And in many cases they do involve the use of alcohol.

But, the concern is to make sure these cases are being prosecuted appropriately -- Daryn.

KAGAN: Barbara Starr at the Pentagon. Barbara, thank you for the latest on that.

The president of the University of Iowa launched his own investigation into sexual misconduct after a high school football recruit said he had sex as part of the visit to the school. Nick Patton is a top high school quarterback in Kansas. And he told a newspaper that the school's athletic department may have assigned a woman to have sex with him. In that newspaper story, he said that an Iowa player arranged the encounter, but he has since recanted that part of the story.

We have all that jazz this morning. Jazz statesman Wynton Marsalis joins us up next with his music, his message and the magic hour.

(COMMERCIAL BREAK)

KAGAN: Listening to the "Magic" in the making, a tender tune with a very interesting riddle. It is about the name for the hour before the ones were the kids to go to bed. "The Magic Hour" is the special hour of the day. It's also a message that Wynton Marsalis -- his first album on his record label. The legendary musician joins us live from San Francisco to tell us more about that and the music.

Wynton Marsalis, our guest live. Good morning.

WYNTON MARSALIS, MUSICIAN: All right. How are you?

KAGAN: I'm doing good. Always a great way to wake up with your music.

MARSALIS: Thank you very much.

KAGAN: Let's talk about "The Magic Hour." There's a family influence here. And you're saying "The Magic Hour" depends on which member of the family you ask.

MARSALIS: That's right. "The Magic Hour" is one hour before kids go to bed and for the parents it's one hour after they go to bed.

(LAUGHTER)

KAGAN: Exactly. How many kids do you have at home?

MARSALIS: I have three kids but I'm always on the road so I don't really live with my kids.

KAGAN: There you go. That makes it easier in terms of wanting them to go to bed.

Let's talk about this project, however. And the last project was really big, big scope. Over 200 people, performers. This one's a lot smaller. This really is kind of is about family, isn't it?

MARSALIS: That's right. The last one is titled "All Rise." And it took about six months to write. And this piece is more about the family influences on everything. The musicians on the album are younger musicians that I met when they were 12, 13, 14. And now they're in their early 20s. And the oldest musician on the album is 30 years old. Eric Lewis (ph) is his name. And it really deals with all the trials and tribulations we've gone through. And it features lot of improvisations, very simple themes that are shot. And I wanted to come up with the type of music that shows how it feels for jazz musicians traveling on the road.

When we have parties and stuff, we just play tunes and we like to play around and clown and really improvise and make the improvisations flower and have a certain type of weight.

KAGAN: So you wanted to invite us to the party, so to speak?

MARSALIS: That's right. We have parties at my house. And people always love it. And they say, man, you ought to record this kind of thing. And this is the first time that I have had the chance to record, kind of like a party album or album that's just with very easy to hear themes.

KAGAN: So if you could get -- snag an invitation to Wynton's house with his jazz buddies, this is what it would be like?

MARSALIS: Kind of like that. And we have Bobby McFarren singing a song called "Baby, I Love you" and Diane Reeves sings another one called "This is the Feeling of Jazz." And it invokes just a kind of downhome and a home feeling.

KAGAN: Interesting combination. You were talking about some of the young people that you brought along. You've known a lot of them since they were taking master classes 14, In their early teens. But there are also some of these names that you mentioned like Bobby McFarren who you probably feel like you've known your whole life.

MARSALIS: Right. Well Bobby and I -- Bobby's father's a musician. And Bobby and I recorded a song called "BMW Blues" about 20 years ago.

And we see each other. The jazz community is really like a family. We've known each other for long periods of time. A lot of times we've grown up in families of jazz people.

And the music, you know it grabs you. And when we come together, like when I saw Bobby in the studio, it was like we were with each other for the 20 years because we know about the life and the struggles in the music and the beauty and the joy in the music also.

KAGAN: And then when you talk about bringing along these young people that you've known then since they were 14 or 15 years old, seems like it was just yesterday that you were the young up and comer. Now you're the one bringing along the young people. It's another passing of the torch, isn't it?

MARSALIS: Right. I used to always joke that I was 19 for about 13 years.

(LAUGHTER)

KAGAN: Which isn't such a bad thing. MARSALIS: You know.

But I love teaching the young kids. And I love seeing them grow and develop and nurturing them and be part of that.

My father is a musician and a teacher. And jazz is something you can't get close enough to the music live. You know we love the recordings and we always talk about how great the classic recordings are. But this is the type of music that's passed down on the bandstand and through life experiences.

So, I love to be with the younger musicians and get them and bring them into the feeling of our music.

KAGAN: And just real quickly, the state of jazz today hip hop, rap, really what the young people are into. Are you confident that jazz will live on and continue to grow and thrive?

MARSALIS: I'm very confident because it's great. It's a great art. And we have an organization in New York, Jazz at Lincoln Center. We're building the first ever home for jazz on 59th Street called Frederick P. Rose Hall. And it's opening in October.

We have a lot of education and we always see a lot of young kids at concerts. We travel around the country to concerts that sold out. Parents come with their kids, kids come, people come with their dates.

Jazz is a music that's inclusive. Everybody. It doesn't appeal to one demographic. Everybody can join in and enjoy it.

KAGAN: I would like to ask you to give a little enjoyment as we go to break. Wynton, will you play us to break?

MARSALIS: Say that again.

KAGAN: Can you play us to break?

MARSALIS: I'd love to do that.

KAGAN: OK, great. Wynton Marsalis. The new album is called "Magic Hour." Little listen.

(MUSIC)

(COMMERCIAL BREAK)

(WEATHER UPDATE)

KAGAN: Straight ahead on CNN, a high tech version of "Survivor." We will give you a road race in the desert.

Plus, big slick, American Airlines, dead man's hand. If you know what we're talking about, then you know Texas Hold 'Em. It's the hottest card game around right now. We're all going in on the world poker tour.

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Aired March 9, 2004 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: And good morning, everyone. From the CNN headquarters in Atlanta, I'm Daryn Kagan. Let's start by taking a look at the stories making news at this hour.
Convicted sniper John Allen Muhammad is in court to hear his sentence. The jury recommended the mastermind of the D.C. area sniper shootings to get the death sentence. Muhammad's accomplice, Lee Boyd Malvo was convicted in a separate trial. He will be formerly sentenced tomorrow. The two were convicted after a wave of terror that left 10 people around the Washington area dead.

More tough questions from a Senate committee for CIA director George Tenet; you see a live picture from Capitol Hill. The intelligence chief is at a hearing on future threats to national security. In recent hearings, senators have questioned Tenet about CIA's pre-war intelligence, Iraq's alleged weapons of mass destruction and why none have been found so far.

Where is Osama bin Laden? Officials with access to the latest U.S. intelligence say the al Qaeda leader maybe preparing to move from Pakistan to Afghanistan because of beefed up efforts to find him. The Pentagon says they don't know exactly where bin Laden is but they believe he's hiding out in the mountains of Pakistan.

And Senator John Kerry campaigns in Illinois today. That's where he'll talk prescription drugs with senior citizens during a stop in Evanston and an address at a rally in Chicago. As Kerry campaigns, voters in Mississippi, Texas, Louisiana and Florida are heading to the polls to cast their votes in their states' primaries. The presumed Democratic nominee, Kerry, is expected to win the lion's share of delegates that are at stake.

The first hour of CNN LIVE TODAY begins right now.

And let's take look at what we are watching live this hour. The business of politics. President Bush honors four businesses in the ceremony later this hour in Arlington, Virginia. Those companies being honored with the Malcolm Baldrige National Quality Award. They are from Pennsylvania, Tennessee and Missouri.

But we begin with the latest on Attorney General John Ashcroft. CNN has learned that Mr. Ashcroft will undergo surgery about two hours from now. Ashcroft has been hospitalized since Thursday for gallstone pancreatitis, that is a very painful inflammation of the pancreas. Doctors will remove his gallbladder to prevent a recurrence. Joining us to discuss the procedure is Dr. John Affronti, associate professor of medicine at Emory University and a specialist in gastrointestinal medicine.

Doctor, good morning. Thanks for being with us again.

DR. JOHN AFFRONTI, ASSOCIATE PROFESSOR OF MEDICINE, EMORY UNIVERSITY: Good morning.

KAGAN: When we had you on earlier talking about this, you said it rarely comes to this where you actually have to go and do surgery.

AFFRONTI: Well, there are different types of surgery for pancreatitis. It's very common for a gallstone pancreatitis to be treated with surgery if the surgery is to remove the gallbladder. It's simply removed to prevent future attacks of gallstone pancreatitis.

KAGAN: But is this going to make him feel better now?

AFFRONTI: Well, we don't have the specifics about the type of surgery that's going to be performed. But that's a possible surgery that he's going to have. If that is in fact going to happen, and his gallbladder is removed, and stones removed, it will prevent future attacks. What will happen to his pancreas at this point depends on a lot of different things. Right now, I have no information about what the condition of his pancreas is in, so we'll have to wait and see.

KAGAN: And how involved is this surgery?

AFFRONTI: If there is a gallbladder surgery, and I want to point out that this is one of many different types of surgery that can be done here, I'm not sure what kind of surgery is going to happen. But if it's gallbladder surgery and the pancreas is with very little residual inflammation, these are routine surgeries and many times can be done with a laparoscope or something...

KAGAN: Yes, we're being told that's how it's going to be done.

AFFRONTI: Well, that's certainly a good sign that this is a very routine surgery then.

KAGAN: And then what about recovery there that?

AFFRONTI: The recovery from gallbladder surgery is much different than it used to be just 10 years ago. Usually patients, after gallbladder surgery with a laparoscope will be out of the hospital in a few days.

KAGAN: All right. Well, we hope the attorney general is feeling better soon.

Dr. Affronti, thank you for your expertise again.

AFFRONTI: You're welcome.

KAGAN: Appreciate it.

We move on now to Manassas, Virginia. Formal sentencing is scheduled in about three hours from now for John Allen Muhammad, convicted in the sniper spree that terrorized the Washington, D.C. area two years ago.

Our Jeanne Meserve has been covering the shootings, the court proceedings as well, and has this look.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, HOMELAND SECURITY CORRESPONDENT (voice-over): A jury gave John Muhammad death for his role in the sniper slayings. Muhammad's lawyers will argue for a reduction in that sentence. In court filings, Muhammad's attorneys say the loss of his children and marriage, poverty, neglect and abuse transformed him. John Muhammad is not the born murderer and instrument of the devil that some claim he is, they argue. But legal experts say the likelihood of Muhammad's sentence being reduced to life in prison is just about nil.

PAUL BUTLER, GEORGE WASHINGTON UNIV. LAW SCHOOL: It's very unlikely. Judges in Virginia are almost, always follow the jury's recommendation in death cases.

MESERVE: In the case of Lee Malvo, who has a parallel appearance Wednesday, the judge has no option but to finalize the jury's sentence of life without parole.

Because sniper killings took place in many jurisdictions, Muhammad and Malvo could be tried elsewhere. And one prosecutor says they should be.

DOUGLAS GANSLER, STATE ATTORNEY, MONTGOMERY CTY, MD: There's always the possibility of appeal and reversal on appeal. And that we should try these men in other states applying other laws to other facts.

MESERVE: But more prosecutions of Malvo may be put on hold until after the Supreme Court decides next year whether juvenile death sentences are constitutional.

BUTLER: Prosecutors may wonder if it's worth their resources to spend another time getting the same sentence. You can only serve one life term in prison.

MESERVE (on camera): Yesterday afternoon, Muhammad's lawyers filed another motion, urging the judge to reduce their client's sentence. They said it violated fundamental fairness that Muhammad should receive a death sentence and Lee Malvo life in prison for the same crimes.

Jeanne Meserve, CNN, Manassas, Virginia.

(END VIDEOTAPE)

KAGAN: And now to new voting concerns in Florida, one of four states holding Democratic primaries today. The state could once again be a decisive election battleground. Not only in the Bush/Kerry contest there too close to call, it seems a new voting system, intended to exercise the ghost of hanging chads may actually raise the specter of new problems and more uncertainty.

Our John Zarrella joins us; he's at a polling place. He is in Plantation, Florida.

Looks like lovely voting weather this morning, John. Good morning.

JOHN ZARRELLA, CNN CORRESPONDENT: Oh, Daryn, a beautiful day for voting but not very many people coming out; probably the idea that it's pretty much a fait accomplice that Senator Kerry is going to be the Democratic nominee.

Now, we can't really exercise the demons here in Florida of the past elections. This is one of those infamous, as you recall, punch card ballots from right here in Broward County from 2000. No longer using punch cards, using these electronic voting machines, like the one that you see here behind me. Fifteen counties in Florida have these electronic machines, Ivotronics, this particular brand of machine here.

And what happens is the poll worker will come here up with a box, insert that box into the machine. And then the screen will light up and first thing it will show, asking the voter if they want to vote in English or Spanish. And then the voter takes off from there to go ahead and cast their ballots.

Now, nationwide come the fall of this year, 2004, during the presidential race, there will be some 50 million voters nationwide, who will be using some form of an electronic voting machine. That's 29 percent of registered voters. Now, the hope is that by the time the fall comes around, that all the kinks and bugs will be worked out of these machines. Been using them in Florida for a couple years. But other places around the country, just now coming online with electronic voting machines. So come the fall, there could still be problems with those machines.

Now, Florida is seen as pivotal, definitely could decide what happens to the presidency. And Senator Bob Graham, who may well be a Republican -- the Democrat's vice presidential candidate, could possibly be, he's being considered by Senator Kerry. He was on "AMERICAN MORNING" this morning and Senator Graham, who is retiring from his Senate seat here in Florida, said that he does believe that Florida will be pivotal in deciding who the next president is.

(BEGIN VIDEO CLIP)

SEN. BOB GRAHAM (D), FLORIDA: Florida will be pivotal. Of the large states in the nation, it is the largest state that is not already assigned to either the Republican or Democratic column. So it represents exactly 10 percent of the electoral votes necessary to be elected president. So it will be pivotal. It will be competitive and it will be Democratic. (END VIDEO CLIP)

ZARRELLA: Of course that's the big question. Will it go Republican or will it go Democratic?

Now here this morning, they've had may be about 30 people come in to vote. They have about 800 people on their registry to vote in this particular precinct, Daryn; so really a low turnout. But across the state, we are not hearing of any problems at any of the polling places. But again, with such light turnout, election officials should be able to handle what, if any, problems do crop up -- Daryn.

KAGAN: The free run through they just might need before the big one in November.

Thank you, John Zarrella.

Let's get a national look at the political landscape. Take a look at the latest numbers, the latest CNN/"USA Today" Gallup poll shows 52 percent of likely voters say they would now choose Senator Kerry, compared to 44 percent showing President Bush as their likely choice. Yet, interestingly, the same poll shows that most people believe it will be President Bush who wins the November election. When asked to be objective and predict the winner, 52 percent chose Mr. Bush, 42 percent said it will be Senator Kerry.

Well, let's turn our focus back to Florida now, where emotions and expectations are already running high in political circles. Here is what Scott Maddox, Florida's Democratic Party chairman had to say.

Quote, "The battle for the nomination may be over, but the battle for the presidency has just begun, and Florida will once again be ground zero.

For a closer look we turn to our guest Beth Reinhard, she is a political writer for "The Miami Herald."

Beth, good morning.

BETH REINHARD, POLITICAL WRITER, "THE MIAMI HERALD": Good morning.

KAGAN: First, I want to pick up where John Zarrella's report left off. It does not appear Florida has quite figured out the complete solution to the hanging chad.

REINHARD: No, we haven't, unfortunately. There's still a lot of anxiety at the polls about these new touch screen machines. One voter I talked to this morning said, "It just doesn't feel like a real vote." People are used to either putting a piece of paper into a ballot box or pulling a heavy lever. And they're still a little uncomfortable about using this new technology.

KAGAN: What does a political reporter, like you, look for on a day like today when it's state-wide election, and yet, at least the primary part has already been decided, it would appear? REINHARD: Well, one thing that we're looking at is, you know, per your previous question, is how people are responding to the technology? How the poll workers are operating. Are they well trained at using the machines? And are the machines working as they should? You know, our experience in 2000 has scarred us, and we're trying to sort of rehabilitate our image here in Florida.

KAGAN: Looking forward, the latest poll numbers show that John Kerry is actually leading in Florida for the November election. Do you expect that to hold?

REINHARD: Oh, it's way too early to say that. Things change so quickly in politics. There definitely is a strong feeling among Democrats here that lingers from 2000. You know, they feel like the election was stolen from them. But of course on the other side, Florida is split right down the middle. There are equally strong feelings among Republicans in favor of the president. And of course he has his not so secret weapon in his brother, Governor Jeb Bush, who remains fairly popular across the state.

KAGAN: And as the national candidates come in to Florida, and I imagine this will not be the last visit that you'll be having from Senator Kerry and President Bush will be down there. What would you say -- explain to them, this is the thing you need to understand about Florida voters?

REINHARD: Well, Kerry has actually come here twice since Super Tuesday, when he clinched the nomination. And I think Democrats in south Florida who have long been able to wield a lot of clout in national state elections, you know, they will turn out. But they like to be catered to and Kerry can't take those voters for granted. At the same time, he can't ignore the Independent voters that are in the central part of the state, who also are going to, you know, want to be courted. And they will be by both sides. So I think that both candidates are going to have to pay a lot of attention to Florida. And I think they will.

KAGAN: And you'll be right there covering them. Beth Reinhard with "The Miami Herald," thanks for taking time on this Election Day to join us here.

REINHARD: Thanks.

KAGAN: Appreciate it.

You're going to want to stay with CNN LIVE TODAY.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What are they?

UNIDENTIFIED MALE: Love handles. Lots of people lose them taking the stairs instead of the escalator.

(END VIDEO CLIP) KAGAN: The government push to get you to lose weight. Health and Human Services Director Tommy Thompson will be along to talk about these ads.

And the little girl that a family thought was killed in a fire spends a night with her real mother.

And then later, Wynton Marsalis is our guest. He has a little magic on his mind, he joins us to talk about his new album and play some tunes. That's coming up.

(COMMERCIAL BREAK)

KAGAN: Coming up on CNN LIVE TODAY, we're taking you to the farthest reaches of the universe. Stay with us for an incredible view.

(COMMERCIAL BREAK)

KAGAN: Perfectly good reason to star off into space, we're showing you the deepest ever view of the universe. The stunning, new images from the farthest regions of the solar system, courtesy of the Hubble Space Telescope, shows galaxies that are 13 billion years old. Experts say that those could be the last pictures you'll see for a while though. NASA is abandoning the Hubble telescope because they say it's too dangerous to service it.

We also have a special guest launching a new offensive in the battle of the bulge.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Looks like somebody's double chin. Must have lost this snacking on fruits and vegetables.

(END VIDEO CLIP)

KAGAN: Tommy Thompson, secretary of health is our guest to talk about the federal government's new ads to combat obesity.

And a long awaited reunion for a mother who thought she'd lost her daughter six years ago. The details just ahead.

(COMMERCIAL BREAK)

KAGAN: The future of the Martha Stewart brand remains uncertain this morning. And its namesake faces possible prison time. Martha Stewart's company is taking a wait and see approach, before making any major changes. A source tells CNN Stewart is off the board and she is off the air as well. Viacom has pulled the plug on the "Martha Stewart Living" show for its television stations.

Home is a strange place for a 6-year-old girl in Philadelphia. She's getting to know her real mother and her father, after being raised by an alleged kidnapper. That woman, a relative of the family, now faces charges. Carla Eboh, of station WTFX takes us to the homecoming.

(BEGIN VIDEOTAPE)

CARLA EBOH, WTFX CORRESPONDENT (voice-over): Six-year-old Aaliyah Cuevas is beaming and so is her mom. The little girl took time out of her welcome home party to say hi to reporters.

AALIYAH CUEVAS, ABDUCTEE: I'll get pizza and play with my brother.

EBOH: Her attorney helped pick the girl up from New Jersey DYFUS offices and drove them home.

ANTHONY CIANFRANI, LUZ CUEVAS'S ATTORNEY: ... had a nice chat and we're making plans to go to do things.

EBOH: So far, the lawyer says the girl hasn't asked any questions about Carolyn Correa, the woman who raised her.

CIANFRANI: She knows not to ask Luzaida about her. She knows the other one is in jail.

EBOH: About a dozen relatives, including Aaliyah's young brothers and state Representative Angel Cruz, entered the house for a private party. Pizza was delivered and so was a big cake. Although the party was private, the family couldn't deny the huge media presence. They kept taking trips to the door so everyone could take a look at Aaliyah. The girl kissed and hugged relatives over and over again for the cameras. But by the looks on their faces, they didn't seem to mind.

(END VIDEOTAPE)

KAGAN: And let's take a look at some other stories from across America.

To New York, dental records and X-rays confirm the death of writer and actor Spalding Gray. His body was pulled from the East River on Sunday and identified yesterday, two months after he disappeared. Family and friends of the 62-year-old say he had been battling depression and had attempted a suicide last year.

Also in today's obituaries, actor and former Academy Award nominee, Paul Winfield, the 62-year-old died of a heart attack on Sunday. Winfield first appeared on television in 1968, and later earned a best actor nomination for his role in "Sounder." He also won praise for his television roles as Martin Luther King Jr. And as an Emmy for a guest appearance on "Picket Fences."

In Arizona, a former firefighter was sentenced to 10 years prison for sparking what became the biggest wild fire in state history. Leonard Gregg had said he was simply trying to create some work for himself. Gregg was given the maximum sentence and ordered to pay $27 million in restitution. The U.S. states may be a world leader but when it comes to cars, American models have been anything but that until now. Find out which U.S. model outranks the European competition.

And jazz trumpeter, bandleader and composer, Wynton Marsalis joins me to talk about his new album.

(COMMERCIAL BREAK)

KAGAN: Let's take a look at our top stories at this hour.

Attorney General John Ashcroft is due to undergo surgery about 90 minutes from now. The 61-year-old Ashcroft has been hospitalized since Thursday with gallstone pancreatitis. Surgeons at George Washington University will remove his gallbladder trying to prevent a recurrence of this very painful condition.

U.S. military officials in Iraq say a roadside bombing has killed an American soldier today in Iraq's Sunni Triangle. The soldier was the first confirmed death in the Army's First Infantry Division, which is in the process of replacing them the Fourth I.D. That soldier was traveling in a convoy north of Baghdad.

A few hours from now, a U.S. Army sergeant accused of a deadly attack in Kuwait is to be arraigned. Thirty-two-year-old Hasan Akbar is charged with murder and attempted murder, in a grenade attack on fellow soldiers. The attack came during the opening days of the Iraq War. Akbar maintains his innocence and faces a summer court-martial that could carry the death penalty.

Several families of cadaver donors have filed a class action lawsuit against UCLA, accusing the school of knowingly allowing the program's director to illegally sell bodies and parts. That director and an alleged middleman have been charged in the case. UCLA officials say they had no knowledge of the breach but they vow to restore the integrity of the program.

We want to go to the White House live right now. That's where the administration has just concluded the informal briefing of the morning.

Our White House correspondent Suzanne Malveaux was in what they call the "gaggle." And she joins us now with a little construction in the background.

Suzanne, good morning.

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn. Well, White House spokesman, Scott Mcclellan came out fight against those poll numbers, really downplaying the significance of them. He says, of course, it's not unexpected. He talks about months and months of attacks against the president. He is talking about the Democratic nomination process. He said really it was a one-way discussion really criticizing the president, that the president will continue to defend his record and he will also continue to contrast himself with that of Senator Kerry. Now, right now what we are seeing is the president is participating in the awards ceremony in Arlington, Virginia. That is where he's recognizing some organizations for their outstanding performance in manufacturing, small business and health care, among others.

This follows a two-day swing through Texas. That is where President Bush raised $3 million for his campaign. He attended a very popular rodeo and live stock show. According to voters there, it has become very clear the strategy here for the campaign to define Senator Kerry in the most negative light, to defend his own record and to shape the debate.

In his harshest criticism yet against his opponent, he accused Kerry of gutting intelligence. The Kerry camp saying that has been totally mischaracterized.

But the bottom line here of the president, his message is that he is a leader. You may not like his decisions, but that he has the courage to make those tough choices and that Senator Kerry does not.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Everybody knows where I stand. I'm clear visioned about what I intend to do when it comes to defeating the terrorists. I make it clear that if you harbor a terrorist, you're just as guilty as the terrorist.

I think America needs to speak with a clear voice, have a clear vision and leave no doubt in anybody's mind about where we stand. And anything short of that, anything that doesn't speak clearly, in my judgment, will cause America to be less secure.

(END VIDEO CLIP)

MALVEAUX: And also we're told of course there's going to be a continued emphasis on the 9/11 terrorists attacks. President Bush again defending himself before a local television station in Texas saying that he will continue to speak about that, that is something that taught him a valuable lesson. That when threats are against Americans that he will meet those threats time and time again, and he will use that in his campaign -- Daryn.

KAGAN: That is one area that Senator Kerry has gone on the attack, accusing President Bush of not allowing and not giving enough time to the 9/11 Commission, looking into the causes of what happened on that day.

MALVEAUX: There seems to be a little bit more wiggle room when it comes to that. Scott McClellan asked numerous times during this gaggle of course whether or not the president is going to limit this conversation that he is having with the chair and the vice chair of that commission to just one hour.

As the administration had said before, he said that the president will answer all of the questions that are posed to him during that time period. He did not say that it wouldn't go beyond that one-hour time period. So we do believe there's a little more flexibility there.

KAGAN: Suzanne Malveaux at the White House, thank you for that.

We move on now to health news. New revelations in the study of heart disease for heart patients the lower your cholesterol, the lower your risk of heart attack. That's according to a "New York Times" review of a study from the Harvard Medical School.

As the newspaper reports, experts involved in the study say that when heart patients lower their cholesterol far below recommended levels, they are far less likely to suffer or die of a heart attack. Researchers say the study's conclusions are remarkable.

And from heart disease we turn to healthy humor on another weighty issue.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Can I help you, sir?

UNIDENTIFIED MALE: I found these over by the stairs.

UNIDENTIFIED MALE: OK. Thank you.

UNIDENTIFIED MALE: What are they?

UNIDENTIFIED MALE: Love handles. Lots of people lose them taking the stairs instead of the escalator.

(END VIDEO CLIP)

KAGAN: You get the running joke. Taking the stairs or other little exercises are just a few small steps to a slimmer you. The ad is part of a new campaign being launched by the secretary of health and human services to promote exercise and activity to address the growing overweight epidemic.

And for more on this weighty issue joining us is the secretary of health and human services, Tommy Thompson, live from Washington. Mr. Secretary, thanks for being with us.

TOMMY THOMPSON, SECRETARY OF HEALTH AND HUMAN SERVICES: Good morning, Daryn. Thank you for having me.

KAGAN: Before we get to the issue of obesity, we have to ask you, do you have the latest on John Ashcroft and surgery he is about to undergo about an hour and a half from now?

THOMPSON: No, I do not. I just know that John is going to go through surgery. We're all praying for him. And we wish him the best. And we know that the surgery's going to be successful.

KAGAN: Absolutely. Wishing him the best from here as well. All right, let's get to the issue of obesity. Very serious numbers coming out later today that basically will indicate just how really morbid the obesity problem is for Americans.

THOMPSON: Sixty-five percent of Americans are either overweight or obese. And the number of deaths attributed to people that are overweight or obese is really increasing, from 300,000 last year to over 400,000 this year.

It's the fastest growing reason for people dying in America. And what we need to do is, we need people to start taking care of themselves. Take stock and look at themselves in the morning when they get up in the mirror and find out, you know, maybe I'm a little chunky.

And start taking those small steps. Walking instead of riding. Going up the steps instead of taking the elevator. Getting off one block earlier and walking that extra block. Taking the children out for a walk and watch what you eat. That's what we have to do in America.

KAGAN: So in terms of America being fat I don't think you're really telling people anything they we don't already know. What you're trying to say, though, by using some humor and trying to get this message across, don't feel like you have to go have major surgery, like you have to go on a major diet. Start with some small steps here, America.

THOMPSON: That is absolutely correct. And we are putting out these humor humorous ads. And we want to thank the ad council for doing them for us. But we really believes it carries a wonderful message. Use a little humor, but also get people to start thinking about themselves and saying, you know, I am a little chunky and see what I can do to do it.

You don't have to run a marathon, as you've said, Daryn. Or you don't have to go into surgery or you don't have to stop eating. What you have to do is just take the small steps. Don't eat that second helping. Push the plate away from -- push yourself away from that plate. Get up from the dinner table. And exercise. Do some pushups in front of the TV.

KAGAN: You don't strike me as the kind of guy that needs to take the small steps, Mr. Secretary. But are you making any changes in your own life?

THOMPSON: I am exercising and I'm also watching my diet. I have lost 15 pounds. I can't ask America to lose weight unless I'm willing to do so myself. I have got the whole Department of Health and Human Services on a diet, Daryn.

KAGAN: I bet they love you there.

(LAUGHTER)

THOMPSON: They're measuring up. And lot of people come up to me, wherever they see me and say, I have lost 10 pounds, I have lost 15 pounds. It's a good sign. And I think America needs to do the same thing.

KAGAN: It's not easy to do, especially on your schedule that you're keeping. I know you're just back from a trip to Iraq. Our own Dr. Sanjay Gupta went with you on that trip.

The brief visit that you had there, what was the impression that you took away just in terms of what the health services of Iraq face in rebuilding that country?

THOMPSON: Well I want to thank CNN for going with me to Iraq because it really pointed out, you know, that at one time not too long ago in the '60s and '70s Iraq had one of the best health care systems in the world. It was really a place where people came to get their health care needs taken care of.

And Saddam Hussein starved it to such an extent that it absolutely ruined the health care system to such an extent that they need everything. People are dying, especially children. What we need to do is get the infrastructure rebuilt. We need to get more medicines, more doctors trained.

And we're doing that. And I think people from Iraq are really excited about the possibility of having once again a good health care delivery system in Iraq.

KAGAN: Very good. Mr. Secretary, thank you for your time. Good luck with the ad campaign and making America thinner.

THOMPSON: Thank you very much, Daryn.

KAGAN: Appreciate it. Secretary Tommy Thompson.

A corporate battle that has the little guy caught in the middle. The latest on the EchoStar/Viacom battle that has more than a million viewers seeing very little.

And which American model cars leave the European models in the dust? We'll find out when CNN LIVE TODAY returns.

(COMMERCIAL BREAK)

KAGAN: Let's start now with a startling report on sexual assault within the U.S. Air Force. CNN learned that Air Force personnel in the Pacific were involved in nearly 100 accusations of rape in recent years. And officials say there's serious flaws in the way that those claims were handled.

Our Pentagon correspondent Barbara Starr has been developing this story and she joins us now with more. Barbara, good morning.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well good morning to you, Daryn.

Yes, there is a new study about rape in the Air Force out in the Pacific Theater. And the top commander himself calls it, quoting him, "not a promising picture."

The report indicates that over a three-year period, 2001 through 2003, there were 92 accusations of rape involving Air Force personnel in the Pacific. What the study has found is that the majority of the victims and perpetrators were under the age of 25. Fully one-third of these alleged rapes occurred in South Korea. The Air Force still looking into why that is the case.

But they have found in most of these cases, throughout the area a major factor, according to the Air Force, was the use of alcohol. Sixty percent of both perpetrators and victims said there was alcohol used before the assault.

Now, of the 106 members of the Air Force accused in these 92 cases, 14 were tried by court-martial, 7 were convicted, sentenced to an average of eight years in prison, 40 others received lesser punishment.

So there was action taken against these people. But the Air Force says they want to know much more about what exactly is going on. They want to know more about why some decisions were made to prosecute, why some cases were not prosecuted. They want to know more about whether victims are getting the appropriate assistance.

And perhaps one of the most disturbing statistics the Air Force report says is since the first of the year, there have been six additional alleged rapes in the Pacific Theater -- Daryn.

KAGAN: So this is a problem that is still going on clearly. But, Barbara, why focus just on the Pacific and just the Air Force? Could not this just be a bigger problem of the U.S. military at large?

STARR: Well, indeed. This study, of course, was ordered by the commander of the Air Force in the Pacific. But you are quite right. This is just one study showing a slice of what is going on. Of course the Army has been looking at the incidents of rapes and assault in the Iraqi Theater.

And Defense Secretary Donald Rumsfeld has ordered a study across the board looking at how these cases are handled, whether they are handled appropriately, whether there is the right amount of victim assistance. And he wants to know what recommendations the military can make to him on how to improve the situation.

But one consistent thread that appears to be running through many of these cases is they involve very young, junior enlisted personnel. And in many cases they do involve the use of alcohol.

But, the concern is to make sure these cases are being prosecuted appropriately -- Daryn.

KAGAN: Barbara Starr at the Pentagon. Barbara, thank you for the latest on that.

The president of the University of Iowa launched his own investigation into sexual misconduct after a high school football recruit said he had sex as part of the visit to the school. Nick Patton is a top high school quarterback in Kansas. And he told a newspaper that the school's athletic department may have assigned a woman to have sex with him. In that newspaper story, he said that an Iowa player arranged the encounter, but he has since recanted that part of the story.

We have all that jazz this morning. Jazz statesman Wynton Marsalis joins us up next with his music, his message and the magic hour.

(COMMERCIAL BREAK)

KAGAN: Listening to the "Magic" in the making, a tender tune with a very interesting riddle. It is about the name for the hour before the ones were the kids to go to bed. "The Magic Hour" is the special hour of the day. It's also a message that Wynton Marsalis -- his first album on his record label. The legendary musician joins us live from San Francisco to tell us more about that and the music.

Wynton Marsalis, our guest live. Good morning.

WYNTON MARSALIS, MUSICIAN: All right. How are you?

KAGAN: I'm doing good. Always a great way to wake up with your music.

MARSALIS: Thank you very much.

KAGAN: Let's talk about "The Magic Hour." There's a family influence here. And you're saying "The Magic Hour" depends on which member of the family you ask.

MARSALIS: That's right. "The Magic Hour" is one hour before kids go to bed and for the parents it's one hour after they go to bed.

(LAUGHTER)

KAGAN: Exactly. How many kids do you have at home?

MARSALIS: I have three kids but I'm always on the road so I don't really live with my kids.

KAGAN: There you go. That makes it easier in terms of wanting them to go to bed.

Let's talk about this project, however. And the last project was really big, big scope. Over 200 people, performers. This one's a lot smaller. This really is kind of is about family, isn't it?

MARSALIS: That's right. The last one is titled "All Rise." And it took about six months to write. And this piece is more about the family influences on everything. The musicians on the album are younger musicians that I met when they were 12, 13, 14. And now they're in their early 20s. And the oldest musician on the album is 30 years old. Eric Lewis (ph) is his name. And it really deals with all the trials and tribulations we've gone through. And it features lot of improvisations, very simple themes that are shot. And I wanted to come up with the type of music that shows how it feels for jazz musicians traveling on the road.

When we have parties and stuff, we just play tunes and we like to play around and clown and really improvise and make the improvisations flower and have a certain type of weight.

KAGAN: So you wanted to invite us to the party, so to speak?

MARSALIS: That's right. We have parties at my house. And people always love it. And they say, man, you ought to record this kind of thing. And this is the first time that I have had the chance to record, kind of like a party album or album that's just with very easy to hear themes.

KAGAN: So if you could get -- snag an invitation to Wynton's house with his jazz buddies, this is what it would be like?

MARSALIS: Kind of like that. And we have Bobby McFarren singing a song called "Baby, I Love you" and Diane Reeves sings another one called "This is the Feeling of Jazz." And it invokes just a kind of downhome and a home feeling.

KAGAN: Interesting combination. You were talking about some of the young people that you brought along. You've known a lot of them since they were taking master classes 14, In their early teens. But there are also some of these names that you mentioned like Bobby McFarren who you probably feel like you've known your whole life.

MARSALIS: Right. Well Bobby and I -- Bobby's father's a musician. And Bobby and I recorded a song called "BMW Blues" about 20 years ago.

And we see each other. The jazz community is really like a family. We've known each other for long periods of time. A lot of times we've grown up in families of jazz people.

And the music, you know it grabs you. And when we come together, like when I saw Bobby in the studio, it was like we were with each other for the 20 years because we know about the life and the struggles in the music and the beauty and the joy in the music also.

KAGAN: And then when you talk about bringing along these young people that you've known then since they were 14 or 15 years old, seems like it was just yesterday that you were the young up and comer. Now you're the one bringing along the young people. It's another passing of the torch, isn't it?

MARSALIS: Right. I used to always joke that I was 19 for about 13 years.

(LAUGHTER)

KAGAN: Which isn't such a bad thing. MARSALIS: You know.

But I love teaching the young kids. And I love seeing them grow and develop and nurturing them and be part of that.

My father is a musician and a teacher. And jazz is something you can't get close enough to the music live. You know we love the recordings and we always talk about how great the classic recordings are. But this is the type of music that's passed down on the bandstand and through life experiences.

So, I love to be with the younger musicians and get them and bring them into the feeling of our music.

KAGAN: And just real quickly, the state of jazz today hip hop, rap, really what the young people are into. Are you confident that jazz will live on and continue to grow and thrive?

MARSALIS: I'm very confident because it's great. It's a great art. And we have an organization in New York, Jazz at Lincoln Center. We're building the first ever home for jazz on 59th Street called Frederick P. Rose Hall. And it's opening in October.

We have a lot of education and we always see a lot of young kids at concerts. We travel around the country to concerts that sold out. Parents come with their kids, kids come, people come with their dates.

Jazz is a music that's inclusive. Everybody. It doesn't appeal to one demographic. Everybody can join in and enjoy it.

KAGAN: I would like to ask you to give a little enjoyment as we go to break. Wynton, will you play us to break?

MARSALIS: Say that again.

KAGAN: Can you play us to break?

MARSALIS: I'd love to do that.

KAGAN: OK, great. Wynton Marsalis. The new album is called "Magic Hour." Little listen.

(MUSIC)

(COMMERCIAL BREAK)

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Plus, big slick, American Airlines, dead man's hand. If you know what we're talking about, then you know Texas Hold 'Em. It's the hottest card game around right now. We're all going in on the world poker tour.

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