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American Morning

Kerry, Congressional Democrats Meet Today; Jayson Williams Trial; Blasts Strike Three Madrid Rush Hour Trains

Aired March 11, 2004 - 9:00   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.


SOLEDAD O'BRIEN, CNN ANCHOR: A breaking story we're following this morning. Ten bombs ripped through packed commuter trains; 173 people killed. It is being called the work act of terrorism in the history of Spain.
John Kerry calls his opponents "the most crooked, lying group of people I've ever seen." The GOP is demanding an apology.

And this...

(BEGIN VIDEO CLIP)

TODD BERTUZZI, HOCKEY PLAYER: I don't play the game that way. I'm not a mean-spirited person. And I'm sorry for what happened.

(END VIDEO CLIP)

O'BRIEN: A hockey player apologizes for a blindside punch. Punishment is expected any minute on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

BILL HEMMER, CNN ANCHOR: All right. Good morning, 9:00 here in New York. A busy news morning here.

Also this hour, ads attacking President Bush have been paid for by organizations outside the campaign of John Kerry. The president's supporters say this is wrong. They're crying foul. Republican Congressman David Dreier our guest here in a moment here on American morning.

O'BRIEN: Also this morning, we'll hear about a man who is trying to prove his innocence. He once believed, as did everybody else, that he was responsible for the death of a friend, but an investigation by law students actually seems to show otherwise. One of those students will join us this morning to explain this case.

HEMMER: Fascinating twist to it, too.

Back to Jack Cafferty again.

Jack, good morning.

JACK CAFFERTY, CNN ANCHOR: Thank you, Bill. What should Major League Baseball do about the steroid problem? It's like the 800-pound gorilla in the Middle of the room. Congressional investigators threatening action if baseball doesn't clean up its act. What a shame. It's casting a long shadow on opening day, which is just a couple of weeks away.

HEMMER: They're talking tough, but that union is very strong, too. Tough to crack.

O'BRIEN: Oh, yes.

HEMMER: Let's get to the biggest story of the morning out of Madrid, Spain. Height of morning rush hour, 8:00 a.m. local time in Madrid, 10 explosions ripping through three separate trains loaded with commuters. Right now, there is a known 173 dead. More than 600 are wounded.

It remains unclear who's responsible. There are suspects, though, including the Basque separatist group, ETA.

Some background now. Basque people live in the mountainous region of northern Spain, right along that southern border with France. Regional ties are strong in the area. Many Basque support a separate homeland apart from the Spanish federal government.

ETA, which is on the U.S. State Department's list of terrorist organizations, blamed for some 800 deaths since it began its fight for independence. We have a crew on the scene from those explosions from earlier today. Much more we'll get at this hour.

President Bush has talked with the prime minister earlier today, and also the prime minister in Spain, addressing the Spanish people. It is a dark day in Spain today. So we will not leave that for long.

O'BRIEN: They're certainly expecting those numbers -- right now at 173, but it could go much, much higher once all the damage has really gotten a good handle around.

Let's get right to our top stories. More information now coming out of Spain. President Bush -- actually, 9/11 now.

President Bush is going to break ground for a New 9/11 memorial in East Meadow, New York. The Long Island memorial will feature two aluminum towers rising 30 feet above a reflecting pool. The president's attendance at today's event is drawing further attention to the controversy over his campaign reelection ads. We have more on that coming up in just a little bit.

In the Kobe Bryant case, prosecutors are hoping Colorado Supreme Court will block a judge's decision to allow testimony on the accuser's sexual history. The decision could come down as early as today. Right now, the accuser is scheduled to testify in less than two weeks. Prosecutors say she would suffer irreparable harm if she is forced to testify.

In health news, New hope for women with fertility problems. Harvard researchers have discovered that female mice continue to produce eggs in adulthood. That information goes directly against the common view that women are born with all their reproductive eggs and the number declines with age. The study is published in today's journal Nature.

In hockey, Vancouver Canucks forward Todd Bertuzzi could learn his punishment any moment now, really, for an incident that left a Colorado Avalanche player seriously injured. Steve Moore is in the hospital now with a fractured neck and a concussion. It is said he will not play again this season.

Bertuzzi wept openly in front of cameras last night as he apologized to Moore and also the fans of hockey. And children as well. He made sure to point that out.

HEMMER: Just getting word now, some reports are saying that the decision is coming out at this time. They are saying that Bertuzzi has been suspended for the rest of this hockey season, which would be a blow to him personally, and also his team. But most importantly, for the NHL to take a stand on what we all witnessed earlier in the week.

We have not confirmed that report yet. But the early indications are that Todd Bertuzzi has been suspended for the rest of this NHL season.

O'BRIEN: And apparently the playoffs as well. That information coming in as well.

HEMMER: That indeed is right. Steve Moore, meanwhile, still remains hospitalized. A severe concussion. They talk about bruises and abrasions to his face.

We've all watched the videotape many, many times. This was a scene of violence on the ice Monday night.

(WEATHER REPORT)

HEMMER: Politics now. Senator John Kerry has made no secret that he is ready to go toe to toe with the White House from now until Election Day next November. That willingness to fight once again displayed on the campaign trail yesterday.

For more on this, our national correspondent Bob Franken joins us now.

Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.

We have some late word from CNN producer Ted Barrett (ph), who was covering Senator Kerry as he just finished a meeting at the Congressional Black Caucus. He is on his way here to meet with the entire House Democratic caucus. That's going to be conducted behind closed doors. But the question that Barrett (ph) was able to throw to him -- Ted was able to throw to him without a camera there -- was did he regret saying what he said yesterday, which he referred to as the opposition as crooks and liars? Kerry said, according to Barrett (ph), "I didn't say it about the Republicans."

Now, that's the only comment. The Bush campaign and their chairman, Mark Racicot, has demanded an apology for comments unbecoming, as he said, a candidate for the American presidency. Senator Kerry has created no shortage of controversy here.

(BEGIN VIDEOTAPE)

FRANKEN (voice-over): John Kerry is clearly not pulling any punches about what his aides call the Bush campaign's dissect.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: These guys are the most crooked, you know, lying group that I have ever seen.

FRANKEN: This is just the most recent Kerry attack this month. On foreign policy...

KERRY: I think George Bush has run the most arrogant, inept, reckless and ideological foreign policy in the modern history of our country.

FRANKEN: On the famous photo-op...

KERRY: George Bush thought he could just play dress-up on an aircraft carrier.

FRANKEN: On the president's plan for a Mars mission...

KERRY: Send Bush to Mars. There's another idea.

FRANKEN: On the issues, particularly the economy, Kerry believes he has the president on the defensive.

KERRY: Ladies and gentlemen, it's got to be getting lonely for George Bush. It seems he's the last person left in America who actually believes his failed policies will ever work.

(END VIDEOTAPE)

FRANKEN: Again, from CNN producer Ted Barrett (ph), Kerry says, "I wasn't talking about the Republicans." We are hoping to have the chance to question Senator Kerry about this later.

He has a series of meetings, the ones right now going on with Democrats. And of course he has a meeting this afternoon with Senator John Edwards. His recent opponent is about to come on board in a big way.

But there's a lot of controversy over Senator Kerry's remarks. And right now, that seems to be the story that's dominating things here -- Bill. HEMMER: Let's try and clarify one matter here. Everyone knows that Senator Kerry is an experienced man, wears microphones all the time. What is the Kerry camp saying about the possibility that this was intentional and wanted to be heard?

FRANKEN: Well, they are not really saying anything about that. They have not said that he made a mistake, that he did not realize he had a microphone on. That would be kind of a hard argument to make since you see him, as he's making the comments, pulling off his paraphernalia.

They're not making that point. He is trying to say that this is not a blanket indictment of the Republicans, according to our producer, Ted Barrett (ph). He went on to say something about he was going after the attack dogs. He has claimed that the Republicans are unfairly portraying him already. This is starting out as a very rough and tumble campaign, to say the least.

HEMMER: Bob, thanks. Bob Franken there -- Soledad.

O'BRIEN: The combative nature of the campaign so far is summed up by an ongoing fight over political advertising. The Bush campaign is asking the Federal Election Commission to force an anti-Bush group called The Media Fund to pull its ad.

The president says the group is paying for the ads with soft money contributions. Illegal under New campaign finance laws.

Earlier this morning, Harold Ickes, who ends up The Media Fund, told us there is no merit to the complaint. Joining us this morning for some Republican reaction is Congressman David Dreier of California.

Nice to see you, sir. Thanks for being with us.

REP. DAVID DREIER (R), CALIFORNIA: Nice to see you, Soledad.

Let me first say that our thoughts and prayers go out to the people in Madrid and Spain. This is proof that we still live in an extraordinarily dangerous world. And we have to be very vigilant in dealing with terrorist attacks.

O'BRIEN: Well, thank you very much for that. I'm sure that is appreciated not only there but also for folks here in this country as well.

Let's talk a little bit about what Harold Ickes had to say. As you well, know, he is the head of The Media Fund. And he says that, in fact, he is sticking to the letter of the law. Why do you think what he is doing is illegal?

DREIER: Well, Soledad, it's fascinating to see those who were great proponents of campaign finance reform who now are really subverting the entire spirit of the law. Harold Ickes is one of the hardest punching guys in Washington, and he is known for hitting below the belt. And I will tell you that if you look at the lines that John Kerry was using, last night he stood by these lines of "crooked" and "lying," and now they're somehow saying that he wasn't talking about the Republicans. Who was he talking about, his hosts there at the meeting?

O'BRIEN: But we are talking apples and oranges here. Let's go back to The Media Fund for a moment before we bring in Senator Kerry's comments. In fact, let's run a little bit of what Harold Ickes had to say when we spoke with him a little bit earlier on AMERICAN MORNING.

(BEGIN VIDEO CLIP)

HAROLD ICKES, DIRECTOR, THE MEDIA FUND: The Congress had the full chance to debate this. We were doing this prior to the law, the enactment of the New law. They made no change in Congress with respect to the activities we are doing, and we are committed to do it now.

We think that there's no basis involved for the FEC, the Federal Elections Commission, to restrict what we are doing. And if they do, we will go into court and challenge it on the grounds that they have no basis in law for making any changes.

(END VIDEO CLIP)

O'BRIEN: So my question to you is, why do you think what he's doing, what The Media Fund specifically is doing is illegal? And how about to his point that Congress made no changes when they could have before the law was enacted?

DREIER: Well, Soledad, the fact of the matter is, what they're doing is they're going around the entire intent of the law. I'm not an expert on the campaign law when it comes to this. But I know this, I know that those great proponents of greater disclosure, getting money out of politics, trying to diminish the kinds of attack ads that we have seen, those are part of the goals behind campaign finance reform.

We see all of the candidates now have to put their name and make a statement that they authorized the ads that are out there. And so this is really circumventing the intent of the law, and it's being done to attack the president of the United States. And the attacks, of course, themselves are very unfounded.

You know, if you look at the -- if you look at the headlines in today's Washington Post, we have President Bush in Ohio talking about trade, talking about the importance of it, talking about how John Kerry's policies basically embrace the economic isolationism that we have seen many people putting forward. And there's John Kerry out their engaged in ad homonym attacks using these terms of "crooked" and "lying."

And the president wants to keep this on the issues. He clearly has done just that. And we have seen -- and I think that the question that Bill raised there of Bob Franken was a very important one. Who knows whether or not this was intended to actually have this statement go out there in light of the fact that we have seen these gutter attack ads that have been launched against the president from the Kerry campaign?

O'BRIEN: Do you expect an apology will be forthcoming? It doesn't sound like it will happen.

DREIER: Well, I don't know. You know, the fact of the matter is, John Kerry comes down on the side of virtually every issue. In fact, somebody was saying the other day that every decision that he'll make will be based on principle, which means he can come down on either side of a question.

Clearly, on this issue, last night he stood by it. And today, we are hearing now that he wasn't talking about Republicans. I don't know exactly what he meant.

We know that he has launched these gutter ball attacks at the president of the United States. The president of the United States is focusing on a positive vision for our nation's future. And we have gotten every economic indicator in a positive tone, including today's report on jobless claims.

O'BRIEN: I'm going to jump in here because, as you are well aware Senator Kerry has said he was not speaking about the president of the United States. He said that the whole time in his campaign as well.

DREIER: But Soledad, last night, the word that came out of the campaign was that he stood by those remarks. And how could one infer anything other than that he was talking about his political adversaries: the president, the Republican Party, people campaigning against him? was not meant as a compliment.

O'BRIEN: David Dreier joining us this morning, Republican from California.

DREIER: Thanks, Soledad.

O'BRIEN: Thanks for being with us.

DREIER: You bet.

HEMMER: We're going to break here in a moment.

Todd Bertuzzi learning his punishment for the hit on the ice from Monday night. More on that punishment in a moment here.

O'BRIEN: Also, the Jayson Williams trial moves now into its fifth week. We're going to show you some of the dramatic testimony against the former NBA star.

HEMMER: Also, undercover police are fuming. They want this Web site locked up and put away for good. And we'll tell you why.

Ahead still to come here on AMERICAN MORNING. (COMMERCIAL BREAK)

O'BRIEN: The National Hockey League has suspended Vancouver's Todd Bertuzzi for the rest of the regular season and the playoffs. The Canucks have also been fined $250,000. And Bertuzzi's status for next season is uncertain.

Bertuzzi attacked Colorado Steve Moore on Monday night, leaving Moore with a broken neck, a concussion, and some facial cuts as well. Last night, Bertuzzi publicly apologized to Moore, who remains in a Vancouver hospital. Bertuzzi said he feels awful about what happened.

(BEGIN VIDEO CLIP)

BERTUZZI: To the fans of hockey, and the fans of Vancouver, for the kids that watch this game, I'm truly sorry. I don't play the game that way. And I'm not a mean-spirited person. I'm sorry for what happened.

(END VIDEO CLIP)

O'BRIEN: The attorney for Marty McSorley, the former Boston Bruins player who was convicted of assault four years ago, believes Bertuzzi will also be charged by Vancouver authorities.

(BEGIN VIDEO CLIP)

PAUL KELLY, EARLIER ON AMERICAN MORNING: In Vancouver, the police authorities and the prosecutors having already charged Marty McSorley for the act that took place in February 2000. My sense is that for consistency sake, they really have no choice but to charge Mr. Bertuzzi.

(END VIDEO CLIP)

O'BRIEN: Again, Bertuzzi suspended for the rest of the season and the playoffs as well -- Bill.

HEMMER: About 18 minutes now past the hour.

In New Jersey today, testimony resumes in the manslaughter trial of former NBA star Jayson Williams. That trial now in its fifth week, and prosecutors are still presenting their case. Williams is accused of killing limousine driver Gus Christophi about two years ago inside of his home, then trying to cover it up. A string of witnesses so far have described the shooting string that night.

Adaora Udoji now has more for us this morning.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): One by one, prosecutors have called Jayson Williams' good friends and acquaintances to the stand. Prosecutors accuse Williams of aggravated manslaughter, arguing he recklessly killed Christophi, then methodically tried to cover it up, concocting a false suicide story. UNIDENTIFIED MALE: What the defendant said?

UNIDENTIFIED MALE: He shot himself.

UNIDENTIFIED MALE: That he shot himself?

UNIDENTIFIED MALE: He shot himself.

UNIDENTIFIED MALE: Meaning who?

UNIDENTIFIED MALE: Gus Christophi.

UDOJI: The defense says it was a terrible accident.

UNIDENTIFIED MALE: Who was it who told you to come up with the false story?

UNIDENTIFIED MALE: Ken Calucko (ph).

UDOJI: But the story emerging from prosecution witnesses directly contradicts that defense. None more dramatic or damaging than the testimony of Benoit Benjamin, once Williams' teammate. Even to the reported surprise of prosecutors, Benoit told the jury he saw Williams pull the trigger. The defense cross-examination that followed was tense.

UNIDENTIFIED MALE: This time you have one hand. You don't know, correct?

UNIDENTIFIED MALE: I said that I think.

UNIDENTIFIED MALE: OK. I just want to make sure.

UNIDENTIFIED MALE: I said that I think four or five times. I think, think, think.

UDOJI: So far, the jury has only heard the prosecution's version of events. The defense has yet to come. For a trial watcher, the big question is whether Williams will testify. If convicted, the 36-year- old could spend the next 55 years in prison.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

HEMMER: It is Thursday. Today is the only day this week for testimony. And our senior legal analyst back with us, Jeffery Toobin here to talk about it.

Good morning to you.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: What a great case. It is wild.

HEMMER: Twists and turns everywhere. What do you think the linchpin is? You have this alcohol charge and you've got the cover- up.

TOOBIN: The cover-up, I think, is the most important. You know, the evidence is that after the shooting, which was clearly not premeditated -- I mean, the question is how much of an accident and how much was it extreme indifference to his life?

But Williams wanted the gun wiped down. He then, in a really extraordinary turn of events, on this massive estate, he took off his clothes, jumped in the pool, changed his clothes at the time the police were just starting their investigation. So the cover-up, the prosecution is arguing, shows consciousness of guilt. That seems to be the key evidence in the case.

HEMMER: Back to the issue of alcohol, he told a key defense expert that he drank 18 ounces of scotch after the gun went off that night, which he says now explains why his blood alcohol content was so high. Has anyone come forward and testified to that in court yet?

TOOBIN: No. No one has. In fact, the prosecution, of course, claims that he was drunk when this happened.

They went to this very elaborate dinner with Harlem Globetrotters, who had just performed, and they had a bar bill of -- I think it was $600. It was a lot. They had drunk a lot there.

But Jayson Williams has claimed -- although this is not yet come before the jury squarely -- he said it was after the shooting that he was so upset he sort of chugged some booze. The question is did he bring before or after? If he drank before, the prosecution will argue that shows he was reckless and indifferent.

HEMMER: And prosecutors saying Gus Christofi was a huge sports fan. He was looking forward to this night. When he got the call to be the driver for Jayson Williams and the Harlem Globetrotters, he brought a camera so he could show it to his friends and his family.

TOOBIN: You know, it is just such a tragic story. I mean, here this guy is just standing in the middle of this bedroom on this massive estate and he is blown away at point blank range by a shotgun. I mean, you know, it's just terrible.

HEMMER: And I would like to know why they are only doing court one day this week.

(CROSSTALK)

TOOBIN: An untold story in my world is how badly a lot of courts are run. Just at an administrative level. Not talking about right or wrong. Just, you know, things take a little longer than they should.

HEMMER: You are on the record. Thanks, Jeff -- Soledad.

O'BRIEN: Still to come this morning, we will take you live to Spain for the latest on those horrific attacks this morning in Spain. AMERICAN MORNING continues right after this short break.

(COMMERCIAL BREAK)

HEMMER: Our "Question of the Day" yet again. Here is Jack.

CAFFERTY: Yes. Senator John McCain threatening that Congress will crack down on Major League Baseball over steroid use if the baseball leagues and the players don't get their act together. The executive director of the union said he thinks that the current testing is sufficient. In the National Football League, a positive drug test results in an immediate four-game suspension.

The question this morning, should there be a zero tolerance policy for steroids in baseball? Some pretty interesting stuff, actually.

"Baseball's failure," writes Richard in Oklahoma City, "to deal harshly with drug abusers is disgraceful. Is it any wonder that baseball fans often dwell in the past when a 175-pounder like Stan Musial (ph) could hit 475 homeruns because of his athletic excellence not designer drugs?"

Jorge writes: "Baseball, a sport based on history, tradition and integrity, has traded its values for a near-term spike in offense and dollars. I believe (UNINTELLIGIBLE) era, who amongst us trusts any of the records of the past 10 years?"

Joy in Iowa writes: "The players union says drug testing is a violation of their privacy. I have to drug test at one of my jobs, or I will lose it. Millions of people don't look up to me. Why is it athletes who have the attention of people can repeatedly violate their own rules with no clear punishment?"

Theresa writes this form Albany, Louisiana: "I have three teenage sons. They all play sports. When they made the high school teams as freshman, they were so intimidated to be working out with seniors who could bench press 200 pounds, they were constantly pressured to try steroids. High school coaches turn a blind eye, even though it's rampant in our schools."

And on the topic of the advent of pornography in cars, we got this from Cole, in Clarksville, Arkansas. "My wife won't let me watch it at home, much less in the car. She says it's all fake. I tell her I don't rain on her parade when she is watching soaps; so maybe now I'll get to see some on the freeway."

HEMMER: A long way from Barney. I'll tell you why baseball gets away with it. Because that union is so darn strong. They have really insulated themselves for the past 30 years, and done it to a degree that is almost -- well, it's very, very difficult to penetrate.

CAFFERTY: What is it they say? Absolute power corrupts absolutely?

HEMMER: Oh, yes. Well, let's get a break here.

In a moment, political intrigue: kid spies at the movies this week, and "90-Second Pop" comes your way. Opening bell also two minutes away. Back in a moment.

(COMMERCIAL BREAK)

HEMMER: Welcome back, 9:30 here in New York. Markets opened a bit lower today. We will watch that for you. A tough day yesterday for the markets. A triple-digit loss for the Dow. So we will follow that for you.

Also, from Spain, the latest ahead here. The prime minister now saying those responsible for the bombings that killed 173 today will be found, caught and arrested. We will get you back there live to Madrid in a moment.

O'BRIEN: Also this morning, a Web site that exposes undercover cops. We will talk to well-known former detective Beau Dietl about the danger to the officers and their families as well.

HEMMER: Some top stories now. News just breaking.

Vancouver Canucks forward Todd Bertuzzi suspended for the rest of the year and the playoffs for slugging Colorado Avalanche player Steve Moore on Monday night. A $250,000 fine also imposed against the team, the Canucks.

NHL commissioner Gary Bettman will determine Bertuzzi's eligibility for next year before the start of training camp. He forfeits his salary also for the rest of this season. That totals about $500,000, a lost to Bertuzzi. Moore is still hospitalized in Vancouver.

Politics now. The chairman of President Bush's reelection campaign wants Senator Kerry to apologize. This after John Kerry offered some harsh comments about his Republican critics. An appearance in Chicago yesterday caught Kerry with a microphone turning to a supporter and saying this...

(BEGIN VIDEO CLIP)

KERRY: These guys are -- these guys are the most crooked, you know, lying group I have ever seen.

(END VIDEO CLIP)

HEMMER: A spokesperson for the senator says Kerry was not calling the president crooked, but was referring to Republican critics in general.

Same-sex marriage once again topping the agenda for lawmakers in Massachusetts. The legislature there reconvenes for another round of debate today on the issue. Lawmakers failed to agree last month on a proposed amendment that banned gay marriage but allowed civil unions.

From Texas, $5 million settlement awarded to a group of people who say they were unfairly targeted in a now discredited drug bust. The lawsuit also disbands the task force that oversaw an undercover sting operation which some say was racially motivated. The settlement cheered by the NAACP and the attorneys representing those arrested.

Millions of dish satellite customers got their MTV and their Nickelodeon back today. Echostar and Viacom ending their battle today over programming fees. Echostar pulled the plug on Viacom earlier this week, leaving millions of dish customers without a number of popular channels. Terms of the new contract are not disclosed, however. The power is back on.

You are up to date here.

O'BRIEN: Perfect timing for March madness, as Andy Serwer said a little bit earlier this morning.

(WEATHER REPORT)

O'BRIEN: A Spanish official says a wave of bomb blasts that rocked Madrid's train network could have been much worse. He says there were 10 explosions during today's rush hour. Three other bombs, though, were detonated by police.

The numbers have been climbing all morning. Right now, we are being told that 173 people were killed. More than 600 have been injured. Still no claim of responsibility. But officials in the Spanish capital blame the Basque separatist group ETA.

Madrid bureau chief Al Goodman joins us this morning with more.

Al, good morning again.

AL GOODMAN, CNN MADRID BUREAU CHIEF: Good morning, Soledad.

Well, Prime Minister Jose Maria Aznar has addressed the nation on national TV about seven hours after this series of explosions happened. Officials say the explosions happened without warning on these three commuter trains.

He basically vowed to finish off the terrorists. He said there would be no talks. And he said a united Spain would stand up and be able to defeat them with strong police forces, with judiciary to put them in jail so they would never see the light of day again, and with legislation.

He went on to express condolences to the victims. He called for several days of national mourning and he called for massive protests in the streets on Friday at 7:00 p.m. local time. That's tomorrow. Calling on Spaniards to come out into the streets.

Now, Spaniards have been donating blood at the hospitals here in Madrid, which are working to maximum capacity. Other Spaniards took some of the victims on their own before the emergency vehicles got there to these hospitals.

The death toll, Soledad, has been rising this day. As you mentioned, 10 explosions, without warning, against three different commuter trains coming into this (UNINTELLIGIBLE) train station behind me. Three other controlled explosions; we felt one of them. The police moved us all back, and a few seconds later we were all jostled by one of the controlled explosions -- Soledad

O'BRIEN: Al Goodman is our Madrid bureau chief joining us with an update on what's happening there. Al, thank you -- Bill.

HEMMER: About 24 minutes before the hour. Undercover officers in New York City are concerned and a bit angry, too, about a Web site that may jeopardize their profession and their own lives.

And as Gary Tuchman now reports, there might be nothing they can do about it.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): It isn't hard to spot police officers when they're in uniform, but many cops do their work undercover, in plains clothes for their protection. And that's why a Web site that has undercover officers' names, addresses, pictures and, in some cases, pictures of their family members, has made many angry.

UNIDENTIFIED FEMALE: I wouldn't want some people that I arrested to know where I live because who knows what they're capable of.

TUCHMAN: The operator of the site is believed to be a New Yorker currently out of the country. Why he's doing this is not clear. But in addition to undercover cops in New York, he also has information about uniformed offices, judges and federal officials in other parts of the country.

New York Daily News reporter Michelle McPhee has been investigating the Web site.

MICHELLE MCPHEE, NEW YORK DAILY NEWS: The most egregious thing on the Web site is descriptions, physical descriptions of both the officers and the officers' children. "So and so jogs in this park at 8:00 a.m."

TUCHMAN: But is the Web site illegal? As of now, apparently not.

MAYOR MICHAEL BLOOMBERG (R), NEW YORK CITY, NEW YORK: I don't know who is doing it, and probably can't stop it. But it is irresponsible.

TUCHMAN: Can it be stopped? A congressman is drafting legislation.

REP. ANTHONY WEINER (D), NEW YORK: My legislation would say to police departments that they have an absolute to go into a court. And if they can show that a law enforcement official's life would be in danger if an Internet Web site revealed information about them, that they can get an order that an Internet service provider would have to take that Web site down.

TUCHMAN (on camera): Even if such a bill passed, nobody pretends it would be easy to enforce. A spokesman for the NYPD says the department is troubled by the Web site and would hope it starts getting less publicity.

Gary Tuchman, CNN, New York.

(END VIDEOTAPE)

HEMMER: Gary, thanks for that.

Beau Dietl, former NYPD detective, now heading is own security firm here in New York, to talk about this.

Good morning to you.

BEAU DIETL, BEAU DIETL & ASSOCIATES: Good morning.

HEMMER: Can you stop it?

DIETL: Well, you know what? You're going to have to stop it.

As you said, it's a tough enough job for these young men and women out there doing their job. You have people undercover working in organized crime, working in narcotics, and then all of a sudden, their pictures -- I mean, their lives could be in jeopardy.

You just have to show me what redeeming factors by having their names, their children, where they live, where they work out, you tell me what is a redeeming factor of that being put on the Internet. What they have to do is they have to pass a law.

I'd like to see one of these judges who vote against the law. Have a judge make a decision that it puts their lives in jeopardy, because if they want to go along with it, I would like to see them judges have their home addresses and their pictures of their children and where they hang out. I'm sure they're not going to go along with that.

HEMMER: You are saying so much for undercover, huh?

DIETL: Well, you know, it's a tough job out there being a policeman or a detective out there. And I'm talking serious.

You had these gangs in the '70s that were shooting the cops readily and available. If they knew where they were, and they could lay and they could sit, they would have done that easily. And these things are very, very important to realize this is a real threat to the lives of these officers.

HEMMER: Let's get to a spokesperson. NYPD Paul Browne said this -- told the New York Daily News -- and I'll quote now -- "We are exploring the possibility that anyone engaged in this kind of behavior could be charged with stalking, harassment and reckless endangerment."

Does the Web site -- does it constitute harassment? Do you consider it stalking?

DIETL: Well, you know what? The whole thing with stalking is, there's a fine line there. If I'm following you and if I have a surveillance on you, as long as I don't impede your entrance or exit, then I can do surveillance on somebody. But as soon as that happens -- but this should be treated as a separate case.

These are law enforcement officers. There should be a separate category, and it should be regarded in that respect. And it should be evaluated in that respect by whoever is making the decision. And you can go after these Web sites.

HEMMER: But what I hear you saying, though, is that it is difficult to prove stalking.

DIETL: Well, the thing is that, what is the reason to have a New York City cop's picture, especially if they are undercover, a picture where his family lives, where he goes and works? You give me a reason for that.

Then you can go find these Web site owners. We did it with these drug peddlers on the Internet. And you can find out who owns it. Ad then what you do is you serve papers on them, cease and desist. If they don't, then you file a motion against the person.

HEMMER: Good to see you. Beau Dietl, thanks for sharing.

DIETL: Good to talk to you.

HEMMER: We'll talk again.

Here's Soledad.

O'BRIEN: All right. Bill, thanks.

Still to come this morning, one company that apparently held board meetings in Cancun. The details come out in the fraud trial for the founder. Andy Serwer's got a look at that.

And life can still be sweet even after an "American Idol" defeat. He still can't sing, but for this contestant his ship has come in. We'll explain in "90-Second Pop".

That's ahead as AMERICAN MORNING continues.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

O'BRIEN: I can do it. You lied, but thank you. I'll take that.

Welcome to a mad, crazy edition of "90-Second Pop." We are starting down so low, aren't we?

Today, we are talking about Johnny Depp. He goes to the big screen. Also, a reject gets a record deal. And who is nearly Martha?

Here to discuss this morning, Toure, contributing editor for "Rolling Stone."

Nice to see you. Good morning.

TOURE, CONTRIBUTING EDITOR, "ROLLING STONE": Nice to see you.

O'BRIEN: Also, "New York Magazine" contributing editor, Sarah Bernard.

Nice to see you as well, Sarah.

And BJ Sigesmond, staff editor for "US Weekly."

Good morning. Let's get right to it.

Shall we start with the Martha wannabes? Wow, what a cutthroat bunch.

SARAH BERNARD, CONTRIBUTING EDITOR, "NEW YORK MAGAZINE": The competition is very stiff.

O'BRIEN: The woman has not even been sentenced yet. That doesn't happen until June, and already there's a handful, half a dozen.

UNIDENTIFIED MALE: They want in.

TOURE: They want in.

BERNARD: There's a lot of people that would be really good at it, I have to recommend.

O'BRIEN: Like who?

BERNARD: Nigella Lawson, who is the sexy food queen of London.

O'BRIEN: I love watching her cook.

BERNARD: She has an amazing show on "The Style Network."

TOURE: She just has it. You just want to watch her.

BERNARD: She makes you want to cook or something like that.

TOURE: She makes it seem easy, and...

BJ SIGESMUND, "US WEEKLY": Although I still don't cook.

(CROSSTALK)

BERNARD: But with Martha, you didn't necessarily cook either. You just liked to think that you could. And that was her gift, really. She made you think that you could do all these things.

I think the real question is, why do people think that they can replace her? I think that what she did, even though you might not have liked her business choices, was really special. And I don't think that any of these women can actually take over what she did.

O'BRIEN: What confidence for Martha. I hope she's watching this. We're sending a shout-out to Martha.

TOURE: Go, Martha.

O'BRIEN: All right. Explain this to me. Remember this guy who got dinged from "American Idol?" Let's listen to a little bit of William Hung.

TOURE: Can we cover our ears?

O'BRIEN: You may. Actually, yes.

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP)

O'BRIEN: You know what I love about Paula Abdul? She's such a lady, she is just like, hmm. Simon is just being completely unpleasant, and Paula's like, hmm, how do I break it to him he's not going to be a star? It turns out he is going to be a star.

TOURE: No. I mean, this is the whole beginning of "American Idol." The first third of the show is the fantasization (ph) of somebody who is terrible. Fantasization (ph). But...

(CROSSTALK)

TOURE: Making fun of the retarded. And they'll laugh with you, but they don't really know the joke.

O'BRIEN: He totally knows the joke.

TOURE: No, we're laughing at him. We're beating him up. And he's not making any money off this.

O'BRIEN: He got a record deal.

TOURE: For $20,000. It's nothing.

SIGESMUND: But it doesn't matter. The point is he is like an instant celebrity. And in a time when we are minting new celebrities with reality television, this one literally became an overnight sensation.

He was nobody, and then the next day everybody was all, she bangs, she bangs. The thing that I think is great is he actually has the same publicist as Jennifer Lopez. And that is true. And I don't think he's going away anytime soon.

O'BRIEN: We have to move on.

TOURE: (UNINTELLIGIBLE).

O'BRIEN: Let's talk weekend movies. Johnny Depp's got a new one which looks really, really creepy called "Secret Window."

SIGESMUND: Yes. This is based on a Stephen King novella. He plays a tortured writer whose -- one of his readers comes along to stalk him because he's convinced that he stole one of his story ideas.

O'BRIEN: Did you like it, didn't like it?

SIGESMUND: At "US Weekly" we gave it two and a half stars. We thought it was OK. It has a lot of decent scares, and some laughs, too.

(CROSSTALK)

O'BRIEN: Not exactly...

SIGESMUND: What can I tell you? I'd have to say, it's not going to do better -- "The Passion," and probably "Starsky and Hutch" are still going to be in the top two slots.

TOURE: (UNINTELLIGIBLE) have the freaky, crazy, writer character.

O'BRIEN: Hello.

TOURE: Why are those writer weird?

(CROSSTALK)

O'BRIEN: Writers are weird. You all are weird sometimes, please. Oh, please. We could talk about this off camera.

Writers generally are a very weird bunch. And I say that with a lot of love.

You guys, as always, nice to see you, and thank you -- Bill.

HEMMER: All right. Soledad, thanks.

About five minutes before the hour. Aaron Brown is on assignment in the Middle East. Anderson Cooper filling in for a few nights.

Here's Anderson and a preview of what's happening later tonight on "'NEWSNIGHT."

ANDERSON COOPER, CNN ANCHOR: Bill, tonight on "NEWSNIGHT," the scandal at UCLA is shining a light on the big business in human body parts. Hundreds of millions of dollars a year all in the name of scientific research. But some people are profiting illegally from the sales. Plus, all the day's top stories on "NEWSNIGHT," CNN, 10:00 p.m. Eastern -- Bill.

HEMMER: All right. We will see you then, Anderson. Thanks.

In a moment here, terror attacks in Madrid. About 200 are dead. Hundreds more are injured. A series of explosions on board commuter trains today. The latest next hour -- Daryn has that. We are back in a moment on AMERICAN MORNING.

(COMMERCIAL BREAK)

CAFFERTY: All right. Coming up on "IN THE MONE" this weekend, John Ratzenberger -- remember him -- formerly of "Cheers." He was the slightly neurotic postman, I believe. Well, he's got a TV show now called "Made in America." And the show is all about things that are actually still made in this country.

It's a short show. But we will have him on as a guest and talk about -- you know, with all the news about jobs going out of the country, we figured it would be worth while to take a look at the stuff that's till made here in the good old USA. And I'm looking forward to talking with John.

"IN THE MONEY" Saturday at 1:00, Sunday at 3:00. And we do take role. So...

O'BRIEN: A tidy little program.

CAFFERTY: I'm telling you.

(CROSSTALK)

O'BRIEN: Never.

CAFFERTY: We had Jason Alexander on last week talking about...

HEMMER: Solving the Middle East peace, right?

CAFFERTY: He's a very bright and engaging and compelling personality.

O'BRIEN: Yes, he sure is.

CAFFERTY: My address, Jason, if you want to send me like a T- shirt or anything -- no, he was interesting. I enjoyed it.

HEMMER: We've got to run. A busy news day today, and it continues next hour.





Trial; Blasts Strike Three Madrid Rush Hour Trains>


Aired March 11, 2004 - 9:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: A breaking story we're following this morning. Ten bombs ripped through packed commuter trains; 173 people killed. It is being called the work act of terrorism in the history of Spain.
John Kerry calls his opponents "the most crooked, lying group of people I've ever seen." The GOP is demanding an apology.

And this...

(BEGIN VIDEO CLIP)

TODD BERTUZZI, HOCKEY PLAYER: I don't play the game that way. I'm not a mean-spirited person. And I'm sorry for what happened.

(END VIDEO CLIP)

O'BRIEN: A hockey player apologizes for a blindside punch. Punishment is expected any minute on this AMERICAN MORNING.

ANNOUNCER: From the CNN Broadcast Center in New York, this is AMERICAN MORNING with Soledad O'Brien and Bill Hemmer.

BILL HEMMER, CNN ANCHOR: All right. Good morning, 9:00 here in New York. A busy news morning here.

Also this hour, ads attacking President Bush have been paid for by organizations outside the campaign of John Kerry. The president's supporters say this is wrong. They're crying foul. Republican Congressman David Dreier our guest here in a moment here on American morning.

O'BRIEN: Also this morning, we'll hear about a man who is trying to prove his innocence. He once believed, as did everybody else, that he was responsible for the death of a friend, but an investigation by law students actually seems to show otherwise. One of those students will join us this morning to explain this case.

HEMMER: Fascinating twist to it, too.

Back to Jack Cafferty again.

Jack, good morning.

JACK CAFFERTY, CNN ANCHOR: Thank you, Bill. What should Major League Baseball do about the steroid problem? It's like the 800-pound gorilla in the Middle of the room. Congressional investigators threatening action if baseball doesn't clean up its act. What a shame. It's casting a long shadow on opening day, which is just a couple of weeks away.

HEMMER: They're talking tough, but that union is very strong, too. Tough to crack.

O'BRIEN: Oh, yes.

HEMMER: Let's get to the biggest story of the morning out of Madrid, Spain. Height of morning rush hour, 8:00 a.m. local time in Madrid, 10 explosions ripping through three separate trains loaded with commuters. Right now, there is a known 173 dead. More than 600 are wounded.

It remains unclear who's responsible. There are suspects, though, including the Basque separatist group, ETA.

Some background now. Basque people live in the mountainous region of northern Spain, right along that southern border with France. Regional ties are strong in the area. Many Basque support a separate homeland apart from the Spanish federal government.

ETA, which is on the U.S. State Department's list of terrorist organizations, blamed for some 800 deaths since it began its fight for independence. We have a crew on the scene from those explosions from earlier today. Much more we'll get at this hour.

President Bush has talked with the prime minister earlier today, and also the prime minister in Spain, addressing the Spanish people. It is a dark day in Spain today. So we will not leave that for long.

O'BRIEN: They're certainly expecting those numbers -- right now at 173, but it could go much, much higher once all the damage has really gotten a good handle around.

Let's get right to our top stories. More information now coming out of Spain. President Bush -- actually, 9/11 now.

President Bush is going to break ground for a New 9/11 memorial in East Meadow, New York. The Long Island memorial will feature two aluminum towers rising 30 feet above a reflecting pool. The president's attendance at today's event is drawing further attention to the controversy over his campaign reelection ads. We have more on that coming up in just a little bit.

In the Kobe Bryant case, prosecutors are hoping Colorado Supreme Court will block a judge's decision to allow testimony on the accuser's sexual history. The decision could come down as early as today. Right now, the accuser is scheduled to testify in less than two weeks. Prosecutors say she would suffer irreparable harm if she is forced to testify.

In health news, New hope for women with fertility problems. Harvard researchers have discovered that female mice continue to produce eggs in adulthood. That information goes directly against the common view that women are born with all their reproductive eggs and the number declines with age. The study is published in today's journal Nature.

In hockey, Vancouver Canucks forward Todd Bertuzzi could learn his punishment any moment now, really, for an incident that left a Colorado Avalanche player seriously injured. Steve Moore is in the hospital now with a fractured neck and a concussion. It is said he will not play again this season.

Bertuzzi wept openly in front of cameras last night as he apologized to Moore and also the fans of hockey. And children as well. He made sure to point that out.

HEMMER: Just getting word now, some reports are saying that the decision is coming out at this time. They are saying that Bertuzzi has been suspended for the rest of this hockey season, which would be a blow to him personally, and also his team. But most importantly, for the NHL to take a stand on what we all witnessed earlier in the week.

We have not confirmed that report yet. But the early indications are that Todd Bertuzzi has been suspended for the rest of this NHL season.

O'BRIEN: And apparently the playoffs as well. That information coming in as well.

HEMMER: That indeed is right. Steve Moore, meanwhile, still remains hospitalized. A severe concussion. They talk about bruises and abrasions to his face.

We've all watched the videotape many, many times. This was a scene of violence on the ice Monday night.

(WEATHER REPORT)

HEMMER: Politics now. Senator John Kerry has made no secret that he is ready to go toe to toe with the White House from now until Election Day next November. That willingness to fight once again displayed on the campaign trail yesterday.

For more on this, our national correspondent Bob Franken joins us now.

Bob, good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.

We have some late word from CNN producer Ted Barrett (ph), who was covering Senator Kerry as he just finished a meeting at the Congressional Black Caucus. He is on his way here to meet with the entire House Democratic caucus. That's going to be conducted behind closed doors. But the question that Barrett (ph) was able to throw to him -- Ted was able to throw to him without a camera there -- was did he regret saying what he said yesterday, which he referred to as the opposition as crooks and liars? Kerry said, according to Barrett (ph), "I didn't say it about the Republicans."

Now, that's the only comment. The Bush campaign and their chairman, Mark Racicot, has demanded an apology for comments unbecoming, as he said, a candidate for the American presidency. Senator Kerry has created no shortage of controversy here.

(BEGIN VIDEOTAPE)

FRANKEN (voice-over): John Kerry is clearly not pulling any punches about what his aides call the Bush campaign's dissect.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: These guys are the most crooked, you know, lying group that I have ever seen.

FRANKEN: This is just the most recent Kerry attack this month. On foreign policy...

KERRY: I think George Bush has run the most arrogant, inept, reckless and ideological foreign policy in the modern history of our country.

FRANKEN: On the famous photo-op...

KERRY: George Bush thought he could just play dress-up on an aircraft carrier.

FRANKEN: On the president's plan for a Mars mission...

KERRY: Send Bush to Mars. There's another idea.

FRANKEN: On the issues, particularly the economy, Kerry believes he has the president on the defensive.

KERRY: Ladies and gentlemen, it's got to be getting lonely for George Bush. It seems he's the last person left in America who actually believes his failed policies will ever work.

(END VIDEOTAPE)

FRANKEN: Again, from CNN producer Ted Barrett (ph), Kerry says, "I wasn't talking about the Republicans." We are hoping to have the chance to question Senator Kerry about this later.

He has a series of meetings, the ones right now going on with Democrats. And of course he has a meeting this afternoon with Senator John Edwards. His recent opponent is about to come on board in a big way.

But there's a lot of controversy over Senator Kerry's remarks. And right now, that seems to be the story that's dominating things here -- Bill. HEMMER: Let's try and clarify one matter here. Everyone knows that Senator Kerry is an experienced man, wears microphones all the time. What is the Kerry camp saying about the possibility that this was intentional and wanted to be heard?

FRANKEN: Well, they are not really saying anything about that. They have not said that he made a mistake, that he did not realize he had a microphone on. That would be kind of a hard argument to make since you see him, as he's making the comments, pulling off his paraphernalia.

They're not making that point. He is trying to say that this is not a blanket indictment of the Republicans, according to our producer, Ted Barrett (ph). He went on to say something about he was going after the attack dogs. He has claimed that the Republicans are unfairly portraying him already. This is starting out as a very rough and tumble campaign, to say the least.

HEMMER: Bob, thanks. Bob Franken there -- Soledad.

O'BRIEN: The combative nature of the campaign so far is summed up by an ongoing fight over political advertising. The Bush campaign is asking the Federal Election Commission to force an anti-Bush group called The Media Fund to pull its ad.

The president says the group is paying for the ads with soft money contributions. Illegal under New campaign finance laws.

Earlier this morning, Harold Ickes, who ends up The Media Fund, told us there is no merit to the complaint. Joining us this morning for some Republican reaction is Congressman David Dreier of California.

Nice to see you, sir. Thanks for being with us.

REP. DAVID DREIER (R), CALIFORNIA: Nice to see you, Soledad.

Let me first say that our thoughts and prayers go out to the people in Madrid and Spain. This is proof that we still live in an extraordinarily dangerous world. And we have to be very vigilant in dealing with terrorist attacks.

O'BRIEN: Well, thank you very much for that. I'm sure that is appreciated not only there but also for folks here in this country as well.

Let's talk a little bit about what Harold Ickes had to say. As you well, know, he is the head of The Media Fund. And he says that, in fact, he is sticking to the letter of the law. Why do you think what he is doing is illegal?

DREIER: Well, Soledad, it's fascinating to see those who were great proponents of campaign finance reform who now are really subverting the entire spirit of the law. Harold Ickes is one of the hardest punching guys in Washington, and he is known for hitting below the belt. And I will tell you that if you look at the lines that John Kerry was using, last night he stood by these lines of "crooked" and "lying," and now they're somehow saying that he wasn't talking about the Republicans. Who was he talking about, his hosts there at the meeting?

O'BRIEN: But we are talking apples and oranges here. Let's go back to The Media Fund for a moment before we bring in Senator Kerry's comments. In fact, let's run a little bit of what Harold Ickes had to say when we spoke with him a little bit earlier on AMERICAN MORNING.

(BEGIN VIDEO CLIP)

HAROLD ICKES, DIRECTOR, THE MEDIA FUND: The Congress had the full chance to debate this. We were doing this prior to the law, the enactment of the New law. They made no change in Congress with respect to the activities we are doing, and we are committed to do it now.

We think that there's no basis involved for the FEC, the Federal Elections Commission, to restrict what we are doing. And if they do, we will go into court and challenge it on the grounds that they have no basis in law for making any changes.

(END VIDEO CLIP)

O'BRIEN: So my question to you is, why do you think what he's doing, what The Media Fund specifically is doing is illegal? And how about to his point that Congress made no changes when they could have before the law was enacted?

DREIER: Well, Soledad, the fact of the matter is, what they're doing is they're going around the entire intent of the law. I'm not an expert on the campaign law when it comes to this. But I know this, I know that those great proponents of greater disclosure, getting money out of politics, trying to diminish the kinds of attack ads that we have seen, those are part of the goals behind campaign finance reform.

We see all of the candidates now have to put their name and make a statement that they authorized the ads that are out there. And so this is really circumventing the intent of the law, and it's being done to attack the president of the United States. And the attacks, of course, themselves are very unfounded.

You know, if you look at the -- if you look at the headlines in today's Washington Post, we have President Bush in Ohio talking about trade, talking about the importance of it, talking about how John Kerry's policies basically embrace the economic isolationism that we have seen many people putting forward. And there's John Kerry out their engaged in ad homonym attacks using these terms of "crooked" and "lying."

And the president wants to keep this on the issues. He clearly has done just that. And we have seen -- and I think that the question that Bill raised there of Bob Franken was a very important one. Who knows whether or not this was intended to actually have this statement go out there in light of the fact that we have seen these gutter attack ads that have been launched against the president from the Kerry campaign?

O'BRIEN: Do you expect an apology will be forthcoming? It doesn't sound like it will happen.

DREIER: Well, I don't know. You know, the fact of the matter is, John Kerry comes down on the side of virtually every issue. In fact, somebody was saying the other day that every decision that he'll make will be based on principle, which means he can come down on either side of a question.

Clearly, on this issue, last night he stood by it. And today, we are hearing now that he wasn't talking about Republicans. I don't know exactly what he meant.

We know that he has launched these gutter ball attacks at the president of the United States. The president of the United States is focusing on a positive vision for our nation's future. And we have gotten every economic indicator in a positive tone, including today's report on jobless claims.

O'BRIEN: I'm going to jump in here because, as you are well aware Senator Kerry has said he was not speaking about the president of the United States. He said that the whole time in his campaign as well.

DREIER: But Soledad, last night, the word that came out of the campaign was that he stood by those remarks. And how could one infer anything other than that he was talking about his political adversaries: the president, the Republican Party, people campaigning against him? was not meant as a compliment.

O'BRIEN: David Dreier joining us this morning, Republican from California.

DREIER: Thanks, Soledad.

O'BRIEN: Thanks for being with us.

DREIER: You bet.

HEMMER: We're going to break here in a moment.

Todd Bertuzzi learning his punishment for the hit on the ice from Monday night. More on that punishment in a moment here.

O'BRIEN: Also, the Jayson Williams trial moves now into its fifth week. We're going to show you some of the dramatic testimony against the former NBA star.

HEMMER: Also, undercover police are fuming. They want this Web site locked up and put away for good. And we'll tell you why.

Ahead still to come here on AMERICAN MORNING. (COMMERCIAL BREAK)

O'BRIEN: The National Hockey League has suspended Vancouver's Todd Bertuzzi for the rest of the regular season and the playoffs. The Canucks have also been fined $250,000. And Bertuzzi's status for next season is uncertain.

Bertuzzi attacked Colorado Steve Moore on Monday night, leaving Moore with a broken neck, a concussion, and some facial cuts as well. Last night, Bertuzzi publicly apologized to Moore, who remains in a Vancouver hospital. Bertuzzi said he feels awful about what happened.

(BEGIN VIDEO CLIP)

BERTUZZI: To the fans of hockey, and the fans of Vancouver, for the kids that watch this game, I'm truly sorry. I don't play the game that way. And I'm not a mean-spirited person. I'm sorry for what happened.

(END VIDEO CLIP)

O'BRIEN: The attorney for Marty McSorley, the former Boston Bruins player who was convicted of assault four years ago, believes Bertuzzi will also be charged by Vancouver authorities.

(BEGIN VIDEO CLIP)

PAUL KELLY, EARLIER ON AMERICAN MORNING: In Vancouver, the police authorities and the prosecutors having already charged Marty McSorley for the act that took place in February 2000. My sense is that for consistency sake, they really have no choice but to charge Mr. Bertuzzi.

(END VIDEO CLIP)

O'BRIEN: Again, Bertuzzi suspended for the rest of the season and the playoffs as well -- Bill.

HEMMER: About 18 minutes now past the hour.

In New Jersey today, testimony resumes in the manslaughter trial of former NBA star Jayson Williams. That trial now in its fifth week, and prosecutors are still presenting their case. Williams is accused of killing limousine driver Gus Christophi about two years ago inside of his home, then trying to cover it up. A string of witnesses so far have described the shooting string that night.

Adaora Udoji now has more for us this morning.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): One by one, prosecutors have called Jayson Williams' good friends and acquaintances to the stand. Prosecutors accuse Williams of aggravated manslaughter, arguing he recklessly killed Christophi, then methodically tried to cover it up, concocting a false suicide story. UNIDENTIFIED MALE: What the defendant said?

UNIDENTIFIED MALE: He shot himself.

UNIDENTIFIED MALE: That he shot himself?

UNIDENTIFIED MALE: He shot himself.

UNIDENTIFIED MALE: Meaning who?

UNIDENTIFIED MALE: Gus Christophi.

UDOJI: The defense says it was a terrible accident.

UNIDENTIFIED MALE: Who was it who told you to come up with the false story?

UNIDENTIFIED MALE: Ken Calucko (ph).

UDOJI: But the story emerging from prosecution witnesses directly contradicts that defense. None more dramatic or damaging than the testimony of Benoit Benjamin, once Williams' teammate. Even to the reported surprise of prosecutors, Benoit told the jury he saw Williams pull the trigger. The defense cross-examination that followed was tense.

UNIDENTIFIED MALE: This time you have one hand. You don't know, correct?

UNIDENTIFIED MALE: I said that I think.

UNIDENTIFIED MALE: OK. I just want to make sure.

UNIDENTIFIED MALE: I said that I think four or five times. I think, think, think.

UDOJI: So far, the jury has only heard the prosecution's version of events. The defense has yet to come. For a trial watcher, the big question is whether Williams will testify. If convicted, the 36-year- old could spend the next 55 years in prison.

Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

HEMMER: It is Thursday. Today is the only day this week for testimony. And our senior legal analyst back with us, Jeffery Toobin here to talk about it.

Good morning to you.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: What a great case. It is wild.

HEMMER: Twists and turns everywhere. What do you think the linchpin is? You have this alcohol charge and you've got the cover- up.

TOOBIN: The cover-up, I think, is the most important. You know, the evidence is that after the shooting, which was clearly not premeditated -- I mean, the question is how much of an accident and how much was it extreme indifference to his life?

But Williams wanted the gun wiped down. He then, in a really extraordinary turn of events, on this massive estate, he took off his clothes, jumped in the pool, changed his clothes at the time the police were just starting their investigation. So the cover-up, the prosecution is arguing, shows consciousness of guilt. That seems to be the key evidence in the case.

HEMMER: Back to the issue of alcohol, he told a key defense expert that he drank 18 ounces of scotch after the gun went off that night, which he says now explains why his blood alcohol content was so high. Has anyone come forward and testified to that in court yet?

TOOBIN: No. No one has. In fact, the prosecution, of course, claims that he was drunk when this happened.

They went to this very elaborate dinner with Harlem Globetrotters, who had just performed, and they had a bar bill of -- I think it was $600. It was a lot. They had drunk a lot there.

But Jayson Williams has claimed -- although this is not yet come before the jury squarely -- he said it was after the shooting that he was so upset he sort of chugged some booze. The question is did he bring before or after? If he drank before, the prosecution will argue that shows he was reckless and indifferent.

HEMMER: And prosecutors saying Gus Christofi was a huge sports fan. He was looking forward to this night. When he got the call to be the driver for Jayson Williams and the Harlem Globetrotters, he brought a camera so he could show it to his friends and his family.

TOOBIN: You know, it is just such a tragic story. I mean, here this guy is just standing in the middle of this bedroom on this massive estate and he is blown away at point blank range by a shotgun. I mean, you know, it's just terrible.

HEMMER: And I would like to know why they are only doing court one day this week.

(CROSSTALK)

TOOBIN: An untold story in my world is how badly a lot of courts are run. Just at an administrative level. Not talking about right or wrong. Just, you know, things take a little longer than they should.

HEMMER: You are on the record. Thanks, Jeff -- Soledad.

O'BRIEN: Still to come this morning, we will take you live to Spain for the latest on those horrific attacks this morning in Spain. AMERICAN MORNING continues right after this short break.

(COMMERCIAL BREAK)

HEMMER: Our "Question of the Day" yet again. Here is Jack.

CAFFERTY: Yes. Senator John McCain threatening that Congress will crack down on Major League Baseball over steroid use if the baseball leagues and the players don't get their act together. The executive director of the union said he thinks that the current testing is sufficient. In the National Football League, a positive drug test results in an immediate four-game suspension.

The question this morning, should there be a zero tolerance policy for steroids in baseball? Some pretty interesting stuff, actually.

"Baseball's failure," writes Richard in Oklahoma City, "to deal harshly with drug abusers is disgraceful. Is it any wonder that baseball fans often dwell in the past when a 175-pounder like Stan Musial (ph) could hit 475 homeruns because of his athletic excellence not designer drugs?"

Jorge writes: "Baseball, a sport based on history, tradition and integrity, has traded its values for a near-term spike in offense and dollars. I believe (UNINTELLIGIBLE) era, who amongst us trusts any of the records of the past 10 years?"

Joy in Iowa writes: "The players union says drug testing is a violation of their privacy. I have to drug test at one of my jobs, or I will lose it. Millions of people don't look up to me. Why is it athletes who have the attention of people can repeatedly violate their own rules with no clear punishment?"

Theresa writes this form Albany, Louisiana: "I have three teenage sons. They all play sports. When they made the high school teams as freshman, they were so intimidated to be working out with seniors who could bench press 200 pounds, they were constantly pressured to try steroids. High school coaches turn a blind eye, even though it's rampant in our schools."

And on the topic of the advent of pornography in cars, we got this from Cole, in Clarksville, Arkansas. "My wife won't let me watch it at home, much less in the car. She says it's all fake. I tell her I don't rain on her parade when she is watching soaps; so maybe now I'll get to see some on the freeway."

HEMMER: A long way from Barney. I'll tell you why baseball gets away with it. Because that union is so darn strong. They have really insulated themselves for the past 30 years, and done it to a degree that is almost -- well, it's very, very difficult to penetrate.

CAFFERTY: What is it they say? Absolute power corrupts absolutely?

HEMMER: Oh, yes. Well, let's get a break here.

In a moment, political intrigue: kid spies at the movies this week, and "90-Second Pop" comes your way. Opening bell also two minutes away. Back in a moment.

(COMMERCIAL BREAK)

HEMMER: Welcome back, 9:30 here in New York. Markets opened a bit lower today. We will watch that for you. A tough day yesterday for the markets. A triple-digit loss for the Dow. So we will follow that for you.

Also, from Spain, the latest ahead here. The prime minister now saying those responsible for the bombings that killed 173 today will be found, caught and arrested. We will get you back there live to Madrid in a moment.

O'BRIEN: Also this morning, a Web site that exposes undercover cops. We will talk to well-known former detective Beau Dietl about the danger to the officers and their families as well.

HEMMER: Some top stories now. News just breaking.

Vancouver Canucks forward Todd Bertuzzi suspended for the rest of the year and the playoffs for slugging Colorado Avalanche player Steve Moore on Monday night. A $250,000 fine also imposed against the team, the Canucks.

NHL commissioner Gary Bettman will determine Bertuzzi's eligibility for next year before the start of training camp. He forfeits his salary also for the rest of this season. That totals about $500,000, a lost to Bertuzzi. Moore is still hospitalized in Vancouver.

Politics now. The chairman of President Bush's reelection campaign wants Senator Kerry to apologize. This after John Kerry offered some harsh comments about his Republican critics. An appearance in Chicago yesterday caught Kerry with a microphone turning to a supporter and saying this...

(BEGIN VIDEO CLIP)

KERRY: These guys are -- these guys are the most crooked, you know, lying group I have ever seen.

(END VIDEO CLIP)

HEMMER: A spokesperson for the senator says Kerry was not calling the president crooked, but was referring to Republican critics in general.

Same-sex marriage once again topping the agenda for lawmakers in Massachusetts. The legislature there reconvenes for another round of debate today on the issue. Lawmakers failed to agree last month on a proposed amendment that banned gay marriage but allowed civil unions.

From Texas, $5 million settlement awarded to a group of people who say they were unfairly targeted in a now discredited drug bust. The lawsuit also disbands the task force that oversaw an undercover sting operation which some say was racially motivated. The settlement cheered by the NAACP and the attorneys representing those arrested.

Millions of dish satellite customers got their MTV and their Nickelodeon back today. Echostar and Viacom ending their battle today over programming fees. Echostar pulled the plug on Viacom earlier this week, leaving millions of dish customers without a number of popular channels. Terms of the new contract are not disclosed, however. The power is back on.

You are up to date here.

O'BRIEN: Perfect timing for March madness, as Andy Serwer said a little bit earlier this morning.

(WEATHER REPORT)

O'BRIEN: A Spanish official says a wave of bomb blasts that rocked Madrid's train network could have been much worse. He says there were 10 explosions during today's rush hour. Three other bombs, though, were detonated by police.

The numbers have been climbing all morning. Right now, we are being told that 173 people were killed. More than 600 have been injured. Still no claim of responsibility. But officials in the Spanish capital blame the Basque separatist group ETA.

Madrid bureau chief Al Goodman joins us this morning with more.

Al, good morning again.

AL GOODMAN, CNN MADRID BUREAU CHIEF: Good morning, Soledad.

Well, Prime Minister Jose Maria Aznar has addressed the nation on national TV about seven hours after this series of explosions happened. Officials say the explosions happened without warning on these three commuter trains.

He basically vowed to finish off the terrorists. He said there would be no talks. And he said a united Spain would stand up and be able to defeat them with strong police forces, with judiciary to put them in jail so they would never see the light of day again, and with legislation.

He went on to express condolences to the victims. He called for several days of national mourning and he called for massive protests in the streets on Friday at 7:00 p.m. local time. That's tomorrow. Calling on Spaniards to come out into the streets.

Now, Spaniards have been donating blood at the hospitals here in Madrid, which are working to maximum capacity. Other Spaniards took some of the victims on their own before the emergency vehicles got there to these hospitals.

The death toll, Soledad, has been rising this day. As you mentioned, 10 explosions, without warning, against three different commuter trains coming into this (UNINTELLIGIBLE) train station behind me. Three other controlled explosions; we felt one of them. The police moved us all back, and a few seconds later we were all jostled by one of the controlled explosions -- Soledad

O'BRIEN: Al Goodman is our Madrid bureau chief joining us with an update on what's happening there. Al, thank you -- Bill.

HEMMER: About 24 minutes before the hour. Undercover officers in New York City are concerned and a bit angry, too, about a Web site that may jeopardize their profession and their own lives.

And as Gary Tuchman now reports, there might be nothing they can do about it.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): It isn't hard to spot police officers when they're in uniform, but many cops do their work undercover, in plains clothes for their protection. And that's why a Web site that has undercover officers' names, addresses, pictures and, in some cases, pictures of their family members, has made many angry.

UNIDENTIFIED FEMALE: I wouldn't want some people that I arrested to know where I live because who knows what they're capable of.

TUCHMAN: The operator of the site is believed to be a New Yorker currently out of the country. Why he's doing this is not clear. But in addition to undercover cops in New York, he also has information about uniformed offices, judges and federal officials in other parts of the country.

New York Daily News reporter Michelle McPhee has been investigating the Web site.

MICHELLE MCPHEE, NEW YORK DAILY NEWS: The most egregious thing on the Web site is descriptions, physical descriptions of both the officers and the officers' children. "So and so jogs in this park at 8:00 a.m."

TUCHMAN: But is the Web site illegal? As of now, apparently not.

MAYOR MICHAEL BLOOMBERG (R), NEW YORK CITY, NEW YORK: I don't know who is doing it, and probably can't stop it. But it is irresponsible.

TUCHMAN: Can it be stopped? A congressman is drafting legislation.

REP. ANTHONY WEINER (D), NEW YORK: My legislation would say to police departments that they have an absolute to go into a court. And if they can show that a law enforcement official's life would be in danger if an Internet Web site revealed information about them, that they can get an order that an Internet service provider would have to take that Web site down.

TUCHMAN (on camera): Even if such a bill passed, nobody pretends it would be easy to enforce. A spokesman for the NYPD says the department is troubled by the Web site and would hope it starts getting less publicity.

Gary Tuchman, CNN, New York.

(END VIDEOTAPE)

HEMMER: Gary, thanks for that.

Beau Dietl, former NYPD detective, now heading is own security firm here in New York, to talk about this.

Good morning to you.

BEAU DIETL, BEAU DIETL & ASSOCIATES: Good morning.

HEMMER: Can you stop it?

DIETL: Well, you know what? You're going to have to stop it.

As you said, it's a tough enough job for these young men and women out there doing their job. You have people undercover working in organized crime, working in narcotics, and then all of a sudden, their pictures -- I mean, their lives could be in jeopardy.

You just have to show me what redeeming factors by having their names, their children, where they live, where they work out, you tell me what is a redeeming factor of that being put on the Internet. What they have to do is they have to pass a law.

I'd like to see one of these judges who vote against the law. Have a judge make a decision that it puts their lives in jeopardy, because if they want to go along with it, I would like to see them judges have their home addresses and their pictures of their children and where they hang out. I'm sure they're not going to go along with that.

HEMMER: You are saying so much for undercover, huh?

DIETL: Well, you know, it's a tough job out there being a policeman or a detective out there. And I'm talking serious.

You had these gangs in the '70s that were shooting the cops readily and available. If they knew where they were, and they could lay and they could sit, they would have done that easily. And these things are very, very important to realize this is a real threat to the lives of these officers.

HEMMER: Let's get to a spokesperson. NYPD Paul Browne said this -- told the New York Daily News -- and I'll quote now -- "We are exploring the possibility that anyone engaged in this kind of behavior could be charged with stalking, harassment and reckless endangerment."

Does the Web site -- does it constitute harassment? Do you consider it stalking?

DIETL: Well, you know what? The whole thing with stalking is, there's a fine line there. If I'm following you and if I have a surveillance on you, as long as I don't impede your entrance or exit, then I can do surveillance on somebody. But as soon as that happens -- but this should be treated as a separate case.

These are law enforcement officers. There should be a separate category, and it should be regarded in that respect. And it should be evaluated in that respect by whoever is making the decision. And you can go after these Web sites.

HEMMER: But what I hear you saying, though, is that it is difficult to prove stalking.

DIETL: Well, the thing is that, what is the reason to have a New York City cop's picture, especially if they are undercover, a picture where his family lives, where he goes and works? You give me a reason for that.

Then you can go find these Web site owners. We did it with these drug peddlers on the Internet. And you can find out who owns it. Ad then what you do is you serve papers on them, cease and desist. If they don't, then you file a motion against the person.

HEMMER: Good to see you. Beau Dietl, thanks for sharing.

DIETL: Good to talk to you.

HEMMER: We'll talk again.

Here's Soledad.

O'BRIEN: All right. Bill, thanks.

Still to come this morning, one company that apparently held board meetings in Cancun. The details come out in the fraud trial for the founder. Andy Serwer's got a look at that.

And life can still be sweet even after an "American Idol" defeat. He still can't sing, but for this contestant his ship has come in. We'll explain in "90-Second Pop".

That's ahead as AMERICAN MORNING continues.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

O'BRIEN: I can do it. You lied, but thank you. I'll take that.

Welcome to a mad, crazy edition of "90-Second Pop." We are starting down so low, aren't we?

Today, we are talking about Johnny Depp. He goes to the big screen. Also, a reject gets a record deal. And who is nearly Martha?

Here to discuss this morning, Toure, contributing editor for "Rolling Stone."

Nice to see you. Good morning.

TOURE, CONTRIBUTING EDITOR, "ROLLING STONE": Nice to see you.

O'BRIEN: Also, "New York Magazine" contributing editor, Sarah Bernard.

Nice to see you as well, Sarah.

And BJ Sigesmond, staff editor for "US Weekly."

Good morning. Let's get right to it.

Shall we start with the Martha wannabes? Wow, what a cutthroat bunch.

SARAH BERNARD, CONTRIBUTING EDITOR, "NEW YORK MAGAZINE": The competition is very stiff.

O'BRIEN: The woman has not even been sentenced yet. That doesn't happen until June, and already there's a handful, half a dozen.

UNIDENTIFIED MALE: They want in.

TOURE: They want in.

BERNARD: There's a lot of people that would be really good at it, I have to recommend.

O'BRIEN: Like who?

BERNARD: Nigella Lawson, who is the sexy food queen of London.

O'BRIEN: I love watching her cook.

BERNARD: She has an amazing show on "The Style Network."

TOURE: She just has it. You just want to watch her.

BERNARD: She makes you want to cook or something like that.

TOURE: She makes it seem easy, and...

BJ SIGESMUND, "US WEEKLY": Although I still don't cook.

(CROSSTALK)

BERNARD: But with Martha, you didn't necessarily cook either. You just liked to think that you could. And that was her gift, really. She made you think that you could do all these things.

I think the real question is, why do people think that they can replace her? I think that what she did, even though you might not have liked her business choices, was really special. And I don't think that any of these women can actually take over what she did.

O'BRIEN: What confidence for Martha. I hope she's watching this. We're sending a shout-out to Martha.

TOURE: Go, Martha.

O'BRIEN: All right. Explain this to me. Remember this guy who got dinged from "American Idol?" Let's listen to a little bit of William Hung.

TOURE: Can we cover our ears?

O'BRIEN: You may. Actually, yes.

(BEGIN VIDEO CLIP)

(MUSIC)

(END VIDEO CLIP)

O'BRIEN: You know what I love about Paula Abdul? She's such a lady, she is just like, hmm. Simon is just being completely unpleasant, and Paula's like, hmm, how do I break it to him he's not going to be a star? It turns out he is going to be a star.

TOURE: No. I mean, this is the whole beginning of "American Idol." The first third of the show is the fantasization (ph) of somebody who is terrible. Fantasization (ph). But...

(CROSSTALK)

TOURE: Making fun of the retarded. And they'll laugh with you, but they don't really know the joke.

O'BRIEN: He totally knows the joke.

TOURE: No, we're laughing at him. We're beating him up. And he's not making any money off this.

O'BRIEN: He got a record deal.

TOURE: For $20,000. It's nothing.

SIGESMUND: But it doesn't matter. The point is he is like an instant celebrity. And in a time when we are minting new celebrities with reality television, this one literally became an overnight sensation.

He was nobody, and then the next day everybody was all, she bangs, she bangs. The thing that I think is great is he actually has the same publicist as Jennifer Lopez. And that is true. And I don't think he's going away anytime soon.

O'BRIEN: We have to move on.

TOURE: (UNINTELLIGIBLE).

O'BRIEN: Let's talk weekend movies. Johnny Depp's got a new one which looks really, really creepy called "Secret Window."

SIGESMUND: Yes. This is based on a Stephen King novella. He plays a tortured writer whose -- one of his readers comes along to stalk him because he's convinced that he stole one of his story ideas.

O'BRIEN: Did you like it, didn't like it?

SIGESMUND: At "US Weekly" we gave it two and a half stars. We thought it was OK. It has a lot of decent scares, and some laughs, too.

(CROSSTALK)

O'BRIEN: Not exactly...

SIGESMUND: What can I tell you? I'd have to say, it's not going to do better -- "The Passion," and probably "Starsky and Hutch" are still going to be in the top two slots.

TOURE: (UNINTELLIGIBLE) have the freaky, crazy, writer character.

O'BRIEN: Hello.

TOURE: Why are those writer weird?

(CROSSTALK)

O'BRIEN: Writers are weird. You all are weird sometimes, please. Oh, please. We could talk about this off camera.

Writers generally are a very weird bunch. And I say that with a lot of love.

You guys, as always, nice to see you, and thank you -- Bill.

HEMMER: All right. Soledad, thanks.

About five minutes before the hour. Aaron Brown is on assignment in the Middle East. Anderson Cooper filling in for a few nights.

Here's Anderson and a preview of what's happening later tonight on "'NEWSNIGHT."

ANDERSON COOPER, CNN ANCHOR: Bill, tonight on "NEWSNIGHT," the scandal at UCLA is shining a light on the big business in human body parts. Hundreds of millions of dollars a year all in the name of scientific research. But some people are profiting illegally from the sales. Plus, all the day's top stories on "NEWSNIGHT," CNN, 10:00 p.m. Eastern -- Bill.

HEMMER: All right. We will see you then, Anderson. Thanks.

In a moment here, terror attacks in Madrid. About 200 are dead. Hundreds more are injured. A series of explosions on board commuter trains today. The latest next hour -- Daryn has that. We are back in a moment on AMERICAN MORNING.

(COMMERCIAL BREAK)

CAFFERTY: All right. Coming up on "IN THE MONE" this weekend, John Ratzenberger -- remember him -- formerly of "Cheers." He was the slightly neurotic postman, I believe. Well, he's got a TV show now called "Made in America." And the show is all about things that are actually still made in this country.

It's a short show. But we will have him on as a guest and talk about -- you know, with all the news about jobs going out of the country, we figured it would be worth while to take a look at the stuff that's till made here in the good old USA. And I'm looking forward to talking with John.

"IN THE MONEY" Saturday at 1:00, Sunday at 3:00. And we do take role. So...

O'BRIEN: A tidy little program.

CAFFERTY: I'm telling you.

(CROSSTALK)

O'BRIEN: Never.

CAFFERTY: We had Jason Alexander on last week talking about...

HEMMER: Solving the Middle East peace, right?

CAFFERTY: He's a very bright and engaging and compelling personality.

O'BRIEN: Yes, he sure is.

CAFFERTY: My address, Jason, if you want to send me like a T- shirt or anything -- no, he was interesting. I enjoyed it.

HEMMER: We've got to run. A busy news day today, and it continues next hour.





Trial; Blasts Strike Three Madrid Rush Hour Trains>