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CNN Live At Daybreak

Zawahiri Speaks?; Bryant's Accuser Wants Trial Date Set; Bush Road Trips; Critter Cuisine

Aired March 26, 2004 - 05:30   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.


CAROL COSTELLO, CNN ANCHOR: Good morning to you. Welcome to the second half hour of DAYBREAK. Happy Friday, it's March 26. From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Let me bring you up to date.

National Security Adviser Condoleezza Rice formally asks the 9/11 Commission for another private meeting. She wants to clear up what the White House lawyer calls mischaracterizations of her positions by former anti-terror director Richard Clarke.

An earthquake in eastern Turkey has killed at least 9 people and injured at least 44. Seven of the dead are children.

At the U.N. Security Council, the United States vetoes a resolution condemning Israel's assassination of Sheikh Ahmed Yassin, the founder and spiritual leader of Hamas. The resolution did not condemn attacks by Hamas.

The U.S. Senate has passed a bill making it a crime to harm a fetus during an assault on a pregnant woman. The bill now goes to the president who is expected to sign it.

A traffic nightmare for commuters in New York and Connecticut, a tanker truck crashes on I-95 and explodes. You're looking at live pictures from the site right now near Bridgeport, Connecticut. The fire caused major structural damage to the road, which might have to be closed for weeks. No one seriously hurt.

The governor of Connecticut is expected to hold a news conference at the top of the next hour. And, of course, we'll bring part of that to you live. But parts of I-95 shut down in both directions, I believe, between exits 25 and 26. Detours are posted. Good luck, commuters.

We update our 'Top Stories' every 15 minutes. The next update comes your way at 5:45 Eastern.

Al Qaeda is apparently spewing more hatred. The No. 2 man in the terrorist group, Ayman al-Zawahiri, is believed to be the voice on a new audio tape calling for a rebellion in Pakistan.

David Ensor has more to tell you about.

(BEGIN VIDEOTAPE) DAVID ENSOR, CNN CORRESPONDENT (voice-over): Through these tunnels Pakistani military officials speculate they could have lost the man they were calling a high-value target. Although they now admit al Qaeda's No. 2 was never likely holed up here. The rudimentary escape routes question Pakistan's ability to round up suspect terrorists.

FAISAL SALAH HAYAT, PAKISTAN INTERIOR MINISTER: Once this operation culminates, only then we shall be able to say with a great deal of surety and finality as to who exactly had been there.

ROBERTSON: Elsewhere in the remote border region, Pakistani troops put on display communications equipment they said they captured. According to military officials, radio intercepts in the first few days of battle confirm the presence of Chechens, Uzbeks and some Arabs. The battle now, though, has switched gears. Helicopters still patrol but military officials say they are holding off on air assaults and artillery barrages to give negotiations a chance. A key government demand.

HAYAT: ...those people, those officials and (UNINTELLIGIBLE) of military forces and the political administration who had been kidnapped.

ROBERTSON: However, talks between local tribal leaders to meet the demand they turn over captured officials and troops and facilitate the surrender of foreign fighters have been deadlocked for more than four days, with little indication of a speedy resolution.

As the standoff drags on anti-government protests, particularly in the intensely independent tribal regions, near the Afghan border, have been picking up.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: Pakistan's campaign to flush out al Qaeda fighters along the Afghan border is still stalled in negotiations between the militants and the tribal leaders. In the meantime, new tunnels have been discovered in the remote border region, and that could lend credence to suggestions that the so-called high-value target holed up there may have escaped through one of those tunnels.

More Marines to Afghanistan, the Pentagon plans to send another 2,000 of them by the end of April. It's part of the plan to intensify the hunt for Osama bin Laden. Eleven thousand U.S. troops are already in Afghanistan.

And while more troops are heading to Afghanistan, the Pentagon is preparing plans to withdraw as many as 35,000 troops from Germany. The "Washington Post" is reporting it's part of a plan to move U.S. forces into smaller bases in Romania and possibly Bulgaria. The forces would be designed for a quick deployment against terrorists and hostile nations. An alarming number of U.S. troops are killing themselves in Iraq. The Army says there was a spike in suicides last July and November. Their report says 24 soldiers have committed suicide since last April, and the report says military mental health specialists lack access to medications to treat emotional problems. Seventy-two percent of the soldiers surveyed say that moral is low or very low.

Washington has used it veto power to kill a U.N. Security Council resolution condemning Israel for assassinating Hamas leader Ahmed Yassin. So what's the message here?

For that we turn to our senior international editor Eli Flournoy.

What is the message?

ELI FLOURNOY, CNN SENIOR INTERNATIONAL EDITOR: Well, the message is clear, and we just heard from Palestinian chief negotiator Saeb Arakat overnight that they are -- the Palestinians fear that this is a message from the United States to Israel that they are OK with this targeted assassinations. And you know it's important to remember that in this hit on Sheikh Yassin there were eight other bystanders who were killed, at least, in that -- in that strike. And...

COSTELLO: But certainly he understand the United States' position in all of this, since the United States is going after Osama bin Laden?

FLOURNOY: Sure. Sure. I mean the United States has been an ally of Israel in its own fight against terror. Classified Sheikh Yassin, as well the United States had, as a terrorist. But it's about the, you know, the idea of a targeted killing outside of -- outside of international law, outside of any trial process. So it's a -- it's very -- it's a very tight and tricky debate.

And today we're watching very closely in the Palestinian territories and around the Mid East because it's Friday prayers today. And this is the first opportunity for the moms (ph) and the religious leaders to speak to their congregations since the killing of Sheikh Yassin, who was the spiritual leader of Hamas.

COSTELLO: So what is it expected they might say?

FLOURNOY: Well, we're waiting to see. What they are going to say is there going to be a call to action? Is there going to be some call for violence? This is a -- it's a very, very tense situation. And we've got reporters in Ramallah and the West Bank, in Gaza, in Gaza City and throughout the Middle East keeping a close watch for any violence that may come.

COSTELLO: Well we'll wait for more word later today. Eli Flournoy, many thanks to you.

What would it be like to be a fly on the wall of the jury room at that Tyco corruption trial in New York? Well, a note the jury sent the judge says the atmosphere in the jury room has turned poisonous. The judge is expected to give jurors new instructions this morning. Former CEO Dennis Kozlowski and ex-finance chief Mark Swartz are accused of looting $600 million from the company.

Kobe Bryant's accuser is appealing for a trial date and her mother says the woman's life is on hold and her safety is in jeopardy until this case is over. But more preliminary hearings are on the docket as CNN's Gary Tuchman reports from Eagle, Colorado.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): Kobe Bryant knows this courthouse well with eight pretrial hearings in his sexual assault case but still no trial date after nearly nine months. Now the accuser's attorney being frisked, her father in the blue shirt and her mother behind the plant say they've had it.

The lawyer has filed legal papers saying: "She has been forced to quit school. She cannot live at home. She cannot talk to her friends and she has received literally hundreds of phone calls and e- mails threatening death or mutilation." Lawyer John Clune is calling on the judge to swiftly set a trial date.

CRAIG SILVERMAN, COLORADO ATTORNEY: This clearly puts the ball in Judge Ruckriegle's court. The motion was real and heartfelt. I think he'll seriously consider it and he might expedite proceedings from here on out.

TUCHMAN: The alleged victim's parents, whose faces CNN has decided not to show, have written a letter to the judge saying in part: "We are constantly worried about her safety. My daughter has lived in four different states in the past six months. Her safety is at risk and she has to move again."

The letter comes after a hearing on the alleged victim's sexual past with testimony from a slew of her friends, alleged sexual partners, and herself.

CYNTHIA STONE, COLORADO COMMISSION AGAINST SEXUAL ASSAULT: It strikes us as a circus. It also strikes us as sort of a show, a deliberate show by the defense to say, this woman has had lots of different sex with different men in her life.

TUCHMAN (on camera): The judge has not issued any response into the swift trial motion, as of yet. Meanwhile, the hearing into the accuser's sexual past is not yet over. It will be continued in four weeks. A hearing into statements Kobe Bryant made to police that were secretly recorded isn't over either. It will be continued in one week. There is still a lot of preliminary work to do.

Gary Tuchman, CNN, Eagle, Colorado.

(END VIDEOTAPE)

COSTELLO: A note for you, legal analyst Kendall Coffey will be with us live next hour with more on the Kobe Bryant case.

And our 'Legal Briefs' begin with an accused murderer professing his innocence. Marcus Wesson, the man accused of killing nine family members, has pleaded not guilty. And his attorney has asked a judge to lift an order that bars Wesson from seeing or talking with relatives.

In the Terry Nichols state murder trial, his former boss testified Nichols was angry about the siege at the Branch Davidians compound at Waco, Texas in 1993 and was clearly anti-government. Prosecutors hoped the witness would prove that Nichols helped plan the Oklahoma City bombing to avenge the Waco siege.

The reputed head of the Gambino crime family, Peter Gotti, will be sentenced today for money laundering and racketeering. He faces up to 20 years in prison.

To the Forecast Center now and -- Chad.

CHAD MYERS, CNN METEOROLOGIST: Yes, ma'am.

COSTELLO: How are you?

MYERS: I'm doing good. It's a Friday. You know what,...

COSTELLO: Isn't that the greatest?

MYERS: You know what, when you're here, when you're already at work on a Friday, you can always rally to the end because you know it's Friday.

COSTELLO: Exactly.

MYERS: Except those poor people who have to work on the weekend, too, and it's like wait, it's not my Friday, but, you know.

COSTELLO: I know, and my heart goes out to them.

MYERS: I know, they work (ph).

Hey, good morning.

(WEATHER REPORT)

COSTELLO: President Bush makes a visit to John Kerry's home turf. We will talk about how he faired.

And are you eating your breakfast right now? Well, these critters might be enough to make you put that bowl of cereal down. Sorry.

This is DAYBREAK for Friday morning.

(COMMERCIAL BREAK)

COSTELLO: It is now 5:44 Eastern Time. Time to take a quick look at the 'Top Stories' now.

Another chance, the 9/11 Commission says it will likely meet again in private with National Security Adviser Condoleezza Rice. The White House requested the meeting to clear up what it calls the mischaracterizations of former counterterrorism director Richard Clarke.

In Arizona, retired Bishop Thomas O'Brien will be sentenced today for leaving the scene of a deadly hit-and-run accident.

And National Park officials say the Statue of Liberty will reopen soon. It has been closed to visitors since the September 11 attacks.

We update our 'Top Stories' every 15 minutes. The next update comes at the top of the hour, 6:00 Eastern.

President Bush wraps up two days of campaigning and fund raising today with stops in Arizona and New Mexico. But yesterday he was on rival John Kerry's home turf in New England.

Let's talk about that with Mark Ericson and Danielle Carrier of the Morning Crew for WOKQ Radio serving the Portsmouth and Manchester, New Hampshire area.

Good morning to you.

MARK ERICSON, WOKQ MORNING WAKING CREW, PORTSMOUTH & MANCHESTER, NEW HAMPSHIRE: Good morning -- Carol.

COSTELLO: So, President Bush was in Boston. How was he received?

ERICSON: Well, he was received very well in Boston. Prior to the very expensive fund raiser he attended in Boston, he spent a little time in Nashua, New Hampshire, right on the Massachusetts border. It's kind of strange, the Nashua, New Hampshire trip was not characterized as a campaign trip. The Boston trip was, obviously, a fund raiser and a campaign trip.

COSTELLO: Well he raised $1.2 million in Boston. I want to quote you something he said. He said "some people would think we wouldn't have much support here," President Bush said, "but they are wrong." Are they?

ERICSON: Well the visit to New England yesterday was a very warm and friendly, touchy-feely kind of a visit. Everyone that came in contact with the president yesterday either got an autograph from him or a photo or a hug, something along those lines. He is spending a lot of time actually reaching out and touching the public.

COSTELLO: Governor Mitt Romney, the governor of the state of Massachusetts, has come out in support of President Bush. Tell us more about that.

ERICSON: Well in -- the Republican Party is keeping the lines together as best they possibly can. I mean, obviously, and it's actually kind of funny, the video you were just showing of the president in Massachusetts, believe it or not, that location in Massachusetts is a stone's throw from John Kerry's home, literally, that the president was campaigning at last evening. And the Republican Party is keeping the party line together, even in Kerry's home state.

COSTELLO: Well I want to play a sound bite for your listeners and our viewers now from President Bush, because he sort of like, you know, had a sense of humor about things. So let's listen.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You are seeing your Senator Ted Kennedy as a very effective legislator. In Washington, he is known as the conservative senator from Massachusetts.

(END VIDEO CLIP)

COSTELLO: What do people there think about being called like evil liberals all the time?

ERICSON: Well, you know, I think when you get right down to it, the campaign is -- it's going to happen no matter what, I suppose, at this point. And Senator Kennedy is no stranger to being the butt of jokes over the years. And now he's being lumped in, of course, with president candidate Kerry. And they are going to have to take the ride together.

COSTELLO: Yes, they will, because I'm sure there will be more of that to come.

Thank you for joining us this morning, Mark Ericson and Danielle Carrier, the Morning Crew for WOKQ Radio.

"Passion" confession, we'll tell you the latest surprise to come out of the Mel Gibson box office hit movie. That's in the next hour of DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Hi, Chad, it's time to take a look at newspapers from across the country, at least a couple of them.

MYERS: OK.

COSTELLO: This one from "The Wichita Eagle" is truly chilling. The BTK resurfaces after 25 years, a serial killer. BTK stands for bind, tortured, killed. And apparently they got a letter from this serial killer and it ties him to a 1986 murder. And now they are investigating it to see if it's really the real thing. They never caught the serial killer, but now he has sent a letter to the FBI claiming that he killed a woman there back in 1986. He sent her driver's license. It's just chilling.

MYERS: Yes.

COSTELLO: So they are investigating right now. Here's one that I am sure you will know about from the Daytona Beach "News-Journal." Rebuilt for speed. The holy land of racing, Chad, is going to get a facelift.

MYERS: Is it really?

COSTELLO: The Daytona Speedway.

MYERS: Yes?

COSTELLO: Yes. They are going to turn it into a modern state- of-the-art facility that officials say will greatly enhance the racing experience for fans and competitors alike. They are going to -- like highlights of the project include a new tunnel in turn one, modern campground facilities adjacent to Lake Lloyd.

MYERS: Nice.

COSTELLO: And a fan walk area that will allow fans to closely observe race teams working on their cars.

MYERS: How about lower ticket prices? Probably not.

COSTELLO: I think -- I think this means higher ticket prices.

MYERS: Yes.

COSTELLO: Diet riot, this is from the "Chicago Tribune." That would be a Krispy Kreme doughnut on the front.

MYERS: Yes, well part of one.

COSTELLO: Part of one, anyway. And it's talking about the move to lower sugar in a whole bunch of products, including Krispy Kreme doughnuts.

MYERS: Yes.

COSTELLO: Pepsi is bringing out a soda called Pepsi Edge, which has half the calories of a normal Pepsi.

MYERS: Right.

COSTELLO: But Diet Pepsi -- but Pepsi One has one calorie, so they're going to be somewhere in between there. Between...

MYERS: Yes, somewhere in between, right. Right. Not -- it's going to be more of a sugar product, but less sugar than their regular Pepsi.

COSTELLO: Exactly.

MYERS: So if you don't want to drink the NutraSweet or whatever else is in that stuff, then you're still going to get the real product, but it's just not going to be as sweet as the real product.

COSTELLO: Just doesn't sound good. But it may. I don't know. I'll...

MYERS: You never know.

COSTELLO: Sure.

MYERS: They could -- they could do anything they want with it.

COSTELLO: A little weather with our doughnuts this morning?

MYERS: A little coffee with my doughnut this morning.

COSTELLO: Yes.

(WEATHER REPORT)

COSTELLO: Less than $100 dollars out of your wallet and 30 minutes out of your day. Coming up in the next hour, I will tell you about a great workout you can do at home in 30 minutes.

But first, another way you can lose weight quickly, these foods are enough to make anyone lose their appetite.

We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: I can't even read this intro, so I'm going to warn you, it's kind of gross. So if you're eating, turn the sound down now. OK. Will you have hog eyeball with that cockroach kabob? Want super size -- want to super size those scorpions? The Explorers' Club celebrates its 100th Anniversary in New York.

And it may be another 100 years before Explorers see a survival menu quite like this one, sampled by our own, very brave, Jeanne Moos.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Instead of getting by then, take a bite of tarantula tempura.

(on camera): A little chewy but great. This one is hairier.

(voice-over): Or maybe you'd prefer succulent, roasted beaver or steamed and roasted rattlesnake.

(on camera): If you get the rattle from the snake it is like the happy meal.

(voice-over): Forget a Big Mac attack, these appetizers really could attack, from Louisiana alligator to...

UNIDENTIFIED MALE: Meal worms, scorpions on a puff pastry.

MOOS: What better way to celebrate the 100th anniversary of the Explorers' Club.

UNIDENTIFIED MALE: You're going to explore quite a bit tonight.

MOOS: Maybe the Madagascar Hissing Cockroach kabob would go down better with a cocktail.

UNIDENTIFIED MALE: A martini with the eyeball in here.

MOOS: Hog eyeball, or cow eyeball fritters.

UNIDENTIFIED MALE: What we're trying to do here is not be gross.

MOOS: Could have fooled her.

UNIDENTIFIED FEMALE: Where is the shrimp

MOOS: The Explorers' Club boast members like Sir Edmund Hillary who conquered Mount Everest. So, why make a mountain out of an eyeball.

(on camera): Slimy yet satisfying.

(voice-over): The explorers say don't confuse our tarantulas in brandy with Fear Factor.

UNIDENTIFIED MALE: You live on this. This is sustenance. This is not grotesque material.

MOOS (voice-over): Makes regular food seem like a bore. Uh oh, a staked hors d'oeuvre. Pass the gator.

UNIDENTIFIED FEMALE: It does kind of taste like chicken.

UNIDENTIFIED MALE: The tarantula tastes a bit like fried shrimp.

UNIDENTIFIED MALE: I brought my pork to be prepared for anything that might crawl or creep away on the plate.

MOOS: Don't bother complaining, waiter, there is a fly in my soup here.

UNIDENTIFIED MALE: Waiter, there is a grasshopper in my sushi.

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

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


Aired March 26, 2004 - 05:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Good morning to you. Welcome to the second half hour of DAYBREAK. Happy Friday, it's March 26. From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Let me bring you up to date.

National Security Adviser Condoleezza Rice formally asks the 9/11 Commission for another private meeting. She wants to clear up what the White House lawyer calls mischaracterizations of her positions by former anti-terror director Richard Clarke.

An earthquake in eastern Turkey has killed at least 9 people and injured at least 44. Seven of the dead are children.

At the U.N. Security Council, the United States vetoes a resolution condemning Israel's assassination of Sheikh Ahmed Yassin, the founder and spiritual leader of Hamas. The resolution did not condemn attacks by Hamas.

The U.S. Senate has passed a bill making it a crime to harm a fetus during an assault on a pregnant woman. The bill now goes to the president who is expected to sign it.

A traffic nightmare for commuters in New York and Connecticut, a tanker truck crashes on I-95 and explodes. You're looking at live pictures from the site right now near Bridgeport, Connecticut. The fire caused major structural damage to the road, which might have to be closed for weeks. No one seriously hurt.

The governor of Connecticut is expected to hold a news conference at the top of the next hour. And, of course, we'll bring part of that to you live. But parts of I-95 shut down in both directions, I believe, between exits 25 and 26. Detours are posted. Good luck, commuters.

We update our 'Top Stories' every 15 minutes. The next update comes your way at 5:45 Eastern.

Al Qaeda is apparently spewing more hatred. The No. 2 man in the terrorist group, Ayman al-Zawahiri, is believed to be the voice on a new audio tape calling for a rebellion in Pakistan.

David Ensor has more to tell you about.

(BEGIN VIDEOTAPE) DAVID ENSOR, CNN CORRESPONDENT (voice-over): Through these tunnels Pakistani military officials speculate they could have lost the man they were calling a high-value target. Although they now admit al Qaeda's No. 2 was never likely holed up here. The rudimentary escape routes question Pakistan's ability to round up suspect terrorists.

FAISAL SALAH HAYAT, PAKISTAN INTERIOR MINISTER: Once this operation culminates, only then we shall be able to say with a great deal of surety and finality as to who exactly had been there.

ROBERTSON: Elsewhere in the remote border region, Pakistani troops put on display communications equipment they said they captured. According to military officials, radio intercepts in the first few days of battle confirm the presence of Chechens, Uzbeks and some Arabs. The battle now, though, has switched gears. Helicopters still patrol but military officials say they are holding off on air assaults and artillery barrages to give negotiations a chance. A key government demand.

HAYAT: ...those people, those officials and (UNINTELLIGIBLE) of military forces and the political administration who had been kidnapped.

ROBERTSON: However, talks between local tribal leaders to meet the demand they turn over captured officials and troops and facilitate the surrender of foreign fighters have been deadlocked for more than four days, with little indication of a speedy resolution.

As the standoff drags on anti-government protests, particularly in the intensely independent tribal regions, near the Afghan border, have been picking up.

David Ensor, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: Pakistan's campaign to flush out al Qaeda fighters along the Afghan border is still stalled in negotiations between the militants and the tribal leaders. In the meantime, new tunnels have been discovered in the remote border region, and that could lend credence to suggestions that the so-called high-value target holed up there may have escaped through one of those tunnels.

More Marines to Afghanistan, the Pentagon plans to send another 2,000 of them by the end of April. It's part of the plan to intensify the hunt for Osama bin Laden. Eleven thousand U.S. troops are already in Afghanistan.

And while more troops are heading to Afghanistan, the Pentagon is preparing plans to withdraw as many as 35,000 troops from Germany. The "Washington Post" is reporting it's part of a plan to move U.S. forces into smaller bases in Romania and possibly Bulgaria. The forces would be designed for a quick deployment against terrorists and hostile nations. An alarming number of U.S. troops are killing themselves in Iraq. The Army says there was a spike in suicides last July and November. Their report says 24 soldiers have committed suicide since last April, and the report says military mental health specialists lack access to medications to treat emotional problems. Seventy-two percent of the soldiers surveyed say that moral is low or very low.

Washington has used it veto power to kill a U.N. Security Council resolution condemning Israel for assassinating Hamas leader Ahmed Yassin. So what's the message here?

For that we turn to our senior international editor Eli Flournoy.

What is the message?

ELI FLOURNOY, CNN SENIOR INTERNATIONAL EDITOR: Well, the message is clear, and we just heard from Palestinian chief negotiator Saeb Arakat overnight that they are -- the Palestinians fear that this is a message from the United States to Israel that they are OK with this targeted assassinations. And you know it's important to remember that in this hit on Sheikh Yassin there were eight other bystanders who were killed, at least, in that -- in that strike. And...

COSTELLO: But certainly he understand the United States' position in all of this, since the United States is going after Osama bin Laden?

FLOURNOY: Sure. Sure. I mean the United States has been an ally of Israel in its own fight against terror. Classified Sheikh Yassin, as well the United States had, as a terrorist. But it's about the, you know, the idea of a targeted killing outside of -- outside of international law, outside of any trial process. So it's a -- it's very -- it's a very tight and tricky debate.

And today we're watching very closely in the Palestinian territories and around the Mid East because it's Friday prayers today. And this is the first opportunity for the moms (ph) and the religious leaders to speak to their congregations since the killing of Sheikh Yassin, who was the spiritual leader of Hamas.

COSTELLO: So what is it expected they might say?

FLOURNOY: Well, we're waiting to see. What they are going to say is there going to be a call to action? Is there going to be some call for violence? This is a -- it's a very, very tense situation. And we've got reporters in Ramallah and the West Bank, in Gaza, in Gaza City and throughout the Middle East keeping a close watch for any violence that may come.

COSTELLO: Well we'll wait for more word later today. Eli Flournoy, many thanks to you.

What would it be like to be a fly on the wall of the jury room at that Tyco corruption trial in New York? Well, a note the jury sent the judge says the atmosphere in the jury room has turned poisonous. The judge is expected to give jurors new instructions this morning. Former CEO Dennis Kozlowski and ex-finance chief Mark Swartz are accused of looting $600 million from the company.

Kobe Bryant's accuser is appealing for a trial date and her mother says the woman's life is on hold and her safety is in jeopardy until this case is over. But more preliminary hearings are on the docket as CNN's Gary Tuchman reports from Eagle, Colorado.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): Kobe Bryant knows this courthouse well with eight pretrial hearings in his sexual assault case but still no trial date after nearly nine months. Now the accuser's attorney being frisked, her father in the blue shirt and her mother behind the plant say they've had it.

The lawyer has filed legal papers saying: "She has been forced to quit school. She cannot live at home. She cannot talk to her friends and she has received literally hundreds of phone calls and e- mails threatening death or mutilation." Lawyer John Clune is calling on the judge to swiftly set a trial date.

CRAIG SILVERMAN, COLORADO ATTORNEY: This clearly puts the ball in Judge Ruckriegle's court. The motion was real and heartfelt. I think he'll seriously consider it and he might expedite proceedings from here on out.

TUCHMAN: The alleged victim's parents, whose faces CNN has decided not to show, have written a letter to the judge saying in part: "We are constantly worried about her safety. My daughter has lived in four different states in the past six months. Her safety is at risk and she has to move again."

The letter comes after a hearing on the alleged victim's sexual past with testimony from a slew of her friends, alleged sexual partners, and herself.

CYNTHIA STONE, COLORADO COMMISSION AGAINST SEXUAL ASSAULT: It strikes us as a circus. It also strikes us as sort of a show, a deliberate show by the defense to say, this woman has had lots of different sex with different men in her life.

TUCHMAN (on camera): The judge has not issued any response into the swift trial motion, as of yet. Meanwhile, the hearing into the accuser's sexual past is not yet over. It will be continued in four weeks. A hearing into statements Kobe Bryant made to police that were secretly recorded isn't over either. It will be continued in one week. There is still a lot of preliminary work to do.

Gary Tuchman, CNN, Eagle, Colorado.

(END VIDEOTAPE)

COSTELLO: A note for you, legal analyst Kendall Coffey will be with us live next hour with more on the Kobe Bryant case.

And our 'Legal Briefs' begin with an accused murderer professing his innocence. Marcus Wesson, the man accused of killing nine family members, has pleaded not guilty. And his attorney has asked a judge to lift an order that bars Wesson from seeing or talking with relatives.

In the Terry Nichols state murder trial, his former boss testified Nichols was angry about the siege at the Branch Davidians compound at Waco, Texas in 1993 and was clearly anti-government. Prosecutors hoped the witness would prove that Nichols helped plan the Oklahoma City bombing to avenge the Waco siege.

The reputed head of the Gambino crime family, Peter Gotti, will be sentenced today for money laundering and racketeering. He faces up to 20 years in prison.

To the Forecast Center now and -- Chad.

CHAD MYERS, CNN METEOROLOGIST: Yes, ma'am.

COSTELLO: How are you?

MYERS: I'm doing good. It's a Friday. You know what,...

COSTELLO: Isn't that the greatest?

MYERS: You know what, when you're here, when you're already at work on a Friday, you can always rally to the end because you know it's Friday.

COSTELLO: Exactly.

MYERS: Except those poor people who have to work on the weekend, too, and it's like wait, it's not my Friday, but, you know.

COSTELLO: I know, and my heart goes out to them.

MYERS: I know, they work (ph).

Hey, good morning.

(WEATHER REPORT)

COSTELLO: President Bush makes a visit to John Kerry's home turf. We will talk about how he faired.

And are you eating your breakfast right now? Well, these critters might be enough to make you put that bowl of cereal down. Sorry.

This is DAYBREAK for Friday morning.

(COMMERCIAL BREAK)

COSTELLO: It is now 5:44 Eastern Time. Time to take a quick look at the 'Top Stories' now.

Another chance, the 9/11 Commission says it will likely meet again in private with National Security Adviser Condoleezza Rice. The White House requested the meeting to clear up what it calls the mischaracterizations of former counterterrorism director Richard Clarke.

In Arizona, retired Bishop Thomas O'Brien will be sentenced today for leaving the scene of a deadly hit-and-run accident.

And National Park officials say the Statue of Liberty will reopen soon. It has been closed to visitors since the September 11 attacks.

We update our 'Top Stories' every 15 minutes. The next update comes at the top of the hour, 6:00 Eastern.

President Bush wraps up two days of campaigning and fund raising today with stops in Arizona and New Mexico. But yesterday he was on rival John Kerry's home turf in New England.

Let's talk about that with Mark Ericson and Danielle Carrier of the Morning Crew for WOKQ Radio serving the Portsmouth and Manchester, New Hampshire area.

Good morning to you.

MARK ERICSON, WOKQ MORNING WAKING CREW, PORTSMOUTH & MANCHESTER, NEW HAMPSHIRE: Good morning -- Carol.

COSTELLO: So, President Bush was in Boston. How was he received?

ERICSON: Well, he was received very well in Boston. Prior to the very expensive fund raiser he attended in Boston, he spent a little time in Nashua, New Hampshire, right on the Massachusetts border. It's kind of strange, the Nashua, New Hampshire trip was not characterized as a campaign trip. The Boston trip was, obviously, a fund raiser and a campaign trip.

COSTELLO: Well he raised $1.2 million in Boston. I want to quote you something he said. He said "some people would think we wouldn't have much support here," President Bush said, "but they are wrong." Are they?

ERICSON: Well the visit to New England yesterday was a very warm and friendly, touchy-feely kind of a visit. Everyone that came in contact with the president yesterday either got an autograph from him or a photo or a hug, something along those lines. He is spending a lot of time actually reaching out and touching the public.

COSTELLO: Governor Mitt Romney, the governor of the state of Massachusetts, has come out in support of President Bush. Tell us more about that.

ERICSON: Well in -- the Republican Party is keeping the lines together as best they possibly can. I mean, obviously, and it's actually kind of funny, the video you were just showing of the president in Massachusetts, believe it or not, that location in Massachusetts is a stone's throw from John Kerry's home, literally, that the president was campaigning at last evening. And the Republican Party is keeping the party line together, even in Kerry's home state.

COSTELLO: Well I want to play a sound bite for your listeners and our viewers now from President Bush, because he sort of like, you know, had a sense of humor about things. So let's listen.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You are seeing your Senator Ted Kennedy as a very effective legislator. In Washington, he is known as the conservative senator from Massachusetts.

(END VIDEO CLIP)

COSTELLO: What do people there think about being called like evil liberals all the time?

ERICSON: Well, you know, I think when you get right down to it, the campaign is -- it's going to happen no matter what, I suppose, at this point. And Senator Kennedy is no stranger to being the butt of jokes over the years. And now he's being lumped in, of course, with president candidate Kerry. And they are going to have to take the ride together.

COSTELLO: Yes, they will, because I'm sure there will be more of that to come.

Thank you for joining us this morning, Mark Ericson and Danielle Carrier, the Morning Crew for WOKQ Radio.

"Passion" confession, we'll tell you the latest surprise to come out of the Mel Gibson box office hit movie. That's in the next hour of DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Hi, Chad, it's time to take a look at newspapers from across the country, at least a couple of them.

MYERS: OK.

COSTELLO: This one from "The Wichita Eagle" is truly chilling. The BTK resurfaces after 25 years, a serial killer. BTK stands for bind, tortured, killed. And apparently they got a letter from this serial killer and it ties him to a 1986 murder. And now they are investigating it to see if it's really the real thing. They never caught the serial killer, but now he has sent a letter to the FBI claiming that he killed a woman there back in 1986. He sent her driver's license. It's just chilling.

MYERS: Yes.

COSTELLO: So they are investigating right now. Here's one that I am sure you will know about from the Daytona Beach "News-Journal." Rebuilt for speed. The holy land of racing, Chad, is going to get a facelift.

MYERS: Is it really?

COSTELLO: The Daytona Speedway.

MYERS: Yes?

COSTELLO: Yes. They are going to turn it into a modern state- of-the-art facility that officials say will greatly enhance the racing experience for fans and competitors alike. They are going to -- like highlights of the project include a new tunnel in turn one, modern campground facilities adjacent to Lake Lloyd.

MYERS: Nice.

COSTELLO: And a fan walk area that will allow fans to closely observe race teams working on their cars.

MYERS: How about lower ticket prices? Probably not.

COSTELLO: I think -- I think this means higher ticket prices.

MYERS: Yes.

COSTELLO: Diet riot, this is from the "Chicago Tribune." That would be a Krispy Kreme doughnut on the front.

MYERS: Yes, well part of one.

COSTELLO: Part of one, anyway. And it's talking about the move to lower sugar in a whole bunch of products, including Krispy Kreme doughnuts.

MYERS: Yes.

COSTELLO: Pepsi is bringing out a soda called Pepsi Edge, which has half the calories of a normal Pepsi.

MYERS: Right.

COSTELLO: But Diet Pepsi -- but Pepsi One has one calorie, so they're going to be somewhere in between there. Between...

MYERS: Yes, somewhere in between, right. Right. Not -- it's going to be more of a sugar product, but less sugar than their regular Pepsi.

COSTELLO: Exactly.

MYERS: So if you don't want to drink the NutraSweet or whatever else is in that stuff, then you're still going to get the real product, but it's just not going to be as sweet as the real product.

COSTELLO: Just doesn't sound good. But it may. I don't know. I'll...

MYERS: You never know.

COSTELLO: Sure.

MYERS: They could -- they could do anything they want with it.

COSTELLO: A little weather with our doughnuts this morning?

MYERS: A little coffee with my doughnut this morning.

COSTELLO: Yes.

(WEATHER REPORT)

COSTELLO: Less than $100 dollars out of your wallet and 30 minutes out of your day. Coming up in the next hour, I will tell you about a great workout you can do at home in 30 minutes.

But first, another way you can lose weight quickly, these foods are enough to make anyone lose their appetite.

We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: I can't even read this intro, so I'm going to warn you, it's kind of gross. So if you're eating, turn the sound down now. OK. Will you have hog eyeball with that cockroach kabob? Want super size -- want to super size those scorpions? The Explorers' Club celebrates its 100th Anniversary in New York.

And it may be another 100 years before Explorers see a survival menu quite like this one, sampled by our own, very brave, Jeanne Moos.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Instead of getting by then, take a bite of tarantula tempura.

(on camera): A little chewy but great. This one is hairier.

(voice-over): Or maybe you'd prefer succulent, roasted beaver or steamed and roasted rattlesnake.

(on camera): If you get the rattle from the snake it is like the happy meal.

(voice-over): Forget a Big Mac attack, these appetizers really could attack, from Louisiana alligator to...

UNIDENTIFIED MALE: Meal worms, scorpions on a puff pastry.

MOOS: What better way to celebrate the 100th anniversary of the Explorers' Club.

UNIDENTIFIED MALE: You're going to explore quite a bit tonight.

MOOS: Maybe the Madagascar Hissing Cockroach kabob would go down better with a cocktail.

UNIDENTIFIED MALE: A martini with the eyeball in here.

MOOS: Hog eyeball, or cow eyeball fritters.

UNIDENTIFIED MALE: What we're trying to do here is not be gross.

MOOS: Could have fooled her.

UNIDENTIFIED FEMALE: Where is the shrimp

MOOS: The Explorers' Club boast members like Sir Edmund Hillary who conquered Mount Everest. So, why make a mountain out of an eyeball.

(on camera): Slimy yet satisfying.

(voice-over): The explorers say don't confuse our tarantulas in brandy with Fear Factor.

UNIDENTIFIED MALE: You live on this. This is sustenance. This is not grotesque material.

MOOS (voice-over): Makes regular food seem like a bore. Uh oh, a staked hors d'oeuvre. Pass the gator.

UNIDENTIFIED FEMALE: It does kind of taste like chicken.

UNIDENTIFIED MALE: The tarantula tastes a bit like fried shrimp.

UNIDENTIFIED MALE: I brought my pork to be prepared for anything that might crawl or creep away on the plate.

MOOS: Don't bother complaining, waiter, there is a fly in my soup here.

UNIDENTIFIED MALE: Waiter, there is a grasshopper in my sushi.

MOOS: Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

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