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CNN Live Sunday

Juror Flashes "OK" To Defense In Tyco Trial; Supreme Court To Hear Landmark Terrorism Case; Anti Same-sex Marriage Legislation Could Lead To Criminal Prosecutions

Aired March 28, 2004 - 16:30   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.


KELLY WALLACE, CNN ANCHOR, CNN SUNDAY: Hello, I'm Kelly Wallace. Here's look at what's happening at this hour. In New York, a live picture from Harlem as a hallmark in the African-American culture celebrates a milestone today. Harlem's venerated Apollo Theater is rolling out the red carpet for the taping of a television spectacular marking it's 70th year. Legends from Elfitz Gerald (ph) to being frowned to prince rock have graced that Apollo stage.
Former White House Counter Terrorism Chief Richard Clarke is joining calls to declassify his 2002 congressional testimony. Clarke says he welcomes making the records public. Some Republicans accuse Clarke of changing his story when he harshly criticized the Bush administration during his testimony Wednesday before the September 11th commission.

Much of Clarke's criticism was targeting National Security Adviser Condoleezza Rice. The pressure is mounting for Dr. Rice to publicly testify before the September 11th commission, but the chairman of the investigative panel says White House concerns about executive privilege should be waived to help the commission get to the bottom of what led to the September 11th attacks.

A rancorous jury resumes deliberations tomorrow in the trial of two former Tyco executives. The juror's behavior has raised two serious questions. Can they reach a verdict and what's the meaning of the OK hand signal one of them flashed in the court according to today's "New York Times?" Former U.S. Attorney Kendall Coffey joins us now from Boston. Kendall Coffey great to see you thanks for being with us.

KENDALL COFFEY, FORMER U.S. ATTORNEY: Thanks for including me, Kelly.

WALLACE: First, how extraordinary is this hand signal by this one juror?

COFFEY: Well, very unusual. Judges instruct jurors and attorneys not to communicate or have any kind of contact between each other during the course of deliberations and while the juror may have thought it was an OK signal, it is anything but OK. Yet another trouble sign in a case as we know is already included jury notes referring a poisonous atmosphere. The jury note referring to a reprievable harm to deliberation process, this is a case that seems to be heading to a mistrial which would be a big set back for the prosecution. In what looks likes a like open and shut case. WALLACE: What is the dilemma now for the judge? Because how dicey is it for the judge to issue instructions that could be directed at any one juror on that panel?

COFFEY: Well that's exactly the problem. Very dicey because what the judge can't do is single out a juror, especially if it appears to be a holdout juror, because that is going to be seen as coercing that juror into joining the rest of the team. Meanwhile, if the media has an effect identified the juror and in some fashion targeted this juror as according to some as a holdout granny, you can expect a defense motion tomorrow morning for all the judge's carefulness in avoiding anything to single out the juror, now that the media has done so, the defense is going to say that this juror is going to be coerced of trying to avoid any kind of ridicule or being in an awkward position in the public eye and there fore the harm to a fair trial cannot be undone at this stage.

WALLACE: I mean we're talking $12 million, six months of time here. The judge sent the jury home hoping to sort of let them calm down a bit. What do you expect the judge to do when deliberations resume tomorrow?

COFFEY: I think the judge is still going to try -- remember, Arthur Andersen went to ten days of seemingly difficult deliberations before the jury came back in that trial with a guilty verdict on the obstruction count. The judge is going to try to encourage the jury to work a little bit longer, see if the notes from the jury indicate that the jury wants to keep working but at this point, it is very, very tough and one thing the judge really can't do is put anymore pressure on the jury.

Because this is an area, Kelly, which is fraught with peril for appellate reversal if a judge, says anything that is seen as coercing a jury or juror into giving up conscientious held beliefs.

WALLACE: Of course Kendall Coffey, we don't know what is going on in that jury room but you're watching this case from afar. Many believed it looked like a slam-dunk, really, for the prosecution. What is your sense about watching the case from afar? What might be holding up at least this one juror from agreeing to any kind of a verdict?

COFFEY: Well Kelly, looked like a prosecution dream, $600 million in allegedly illegal compensation Spiced by such great indicative points as the $15,000 umbrella and, of course, the most famous toga party since the movie "Animal House." What apparently happened during the course of the trail is it got complicated, it got difficult for the jury to follow and some of the best prosecution evidence may have gotten sort of dimmed and a little blurry. Over the months, if this case does go back to a retrial, I think you will see a slim down, streamlined and more focused presentation from the prosecution.

WALLACE: Well Kendall Coffey, it will certainly be fascinating to watch what unfolds. Thanks again so much for coming in on this Sunday afternoon. We certainly appreciate it.

COFFEY: Thank you, Kelly.

WALLACE: Well, moving ahead, this week, the Supreme Court hears arguments about a case that could have broad implications for the United States' global war on terror. The case centers around a Mexican doctor secretly kidnapped and brought to the United States to face a criminal charge. CNN's Elaine Quijano joins us live from Washington. Here as well with more on the case. Hi Elaine what can you tell us about it?

ELAINE QUIJANO, CNN CORRESPONDENT: Kelly, the Bush administration believes the outcome of this case could hinder its war on terror by allowing secretly abducted foreign suspects to sue for financial damages. But others argue American law provides that very protection to insure if suspects are mistreated, they have proper recourse.

(BEGIN VIDEOTAPE)

QUIJANO, (voice over): The question before the Supreme Court this week deals with a relatively obscure federal law, the Alien Tort Statute. The case involves the Mexican doctor Abutro Albreson Shane (ph) who in 1990 was kidnapped from Mexico by people working for the U.S. Drug Enforcement Administration. The doctor stood trial in L.A. for the murder of a DEA agent, but was acquitted after spending two and a half years in a U.S. prison.

UNIDENTIFIED MALE, (through translator): It's a very painful situation. I felt terrorized, filled with fear. It's a very bad situation for anyone to experience.

QUIJANO: The doctor sued several parties including those bounty hunters that kidnapped him. He was awarded $25,000 for emotional distress and one by citing the Alien Tort Statute.

UNIDENTIFIED MALE: It gives the victims of egregious violations of human rights access to a federal forum in which their wrongs can be adjudicated.

QUIJANO: But one of the Mexican nationals involved in the kidnapping appealed the decision. Now, the case has wound its way to the Supreme Court and the Bush administration worries it could affect U.S. officials' ability to capture terrorists like Osama Bin Laden.

UNIDENTIFIED MALE: They might very well want to do that without the benefit of the foreign governments' approval and if that happens, under the theory of the case here, anyone who assists the United States is subject to liability.

QUIJANO: Subject to liability, also could be U.S. corporations doing business overseas that are accused of violating international laws or human rights. Already, suits have been brought against several American companies.

EDWARD LAZARUS, ATTORNEY, AUTHOR: As globalization really expands, the question will be to what degree U.S. courts are going to be open to all kinds of acts of alleged international unlawfulness to settle in the United States even if they don't have that much connection to the United States.

(END VIDEOTAPE)

QUIJANO: Now the Bush administration has also asked the Supreme Court to clarify when federal officer haves the authority to arrest someone in a foreign country. The case is set to be argued Tuesday and a ruling is expected by June. Kelly.

WALLACE: Elaine Quijano thanks for that report we'll be watching it.

Moving now to news across America, officials in Kingfisher, Oklahoma believes a fire that heavily damaged a downtown theater may have been sparked by severe weather. Investigators say the fire started yesterday shortly after electricity was restored following a storm. There are no reports of injuries.

Hours after this peace rally in Arlington, Washington, two 16- year-old boys turned themselves into police yesterday for allegedly burning a cross in the yard of an African-American minister. The minister says he's happy the teens are owning up to the cross burning.

It's been almost six months since a nearly fatal tiger attack on Roy Horn forced his Las Vegas act to close. Horn is out of the hospital and on the mend. The marquise over the Vegas strip promoting Siegfried and Roy is changing but the act is reportedly getting back together by developing an animated series for NBC.

When states declare gay and lesbian marriages illegal, what are the consequences? A minister in Albany, New York is marrying same sex couples knowing he's risking criminal prosecution. Steve Ammerman of Affiliate WTEN reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Both have longstanding commitments to one another.

STEVE AMMERMAN, WTEN: Commitments that they want to become marriages. Elissa Kane (ph) and (UNINTELLIGIBLE) and Robert Bond and George Stuthatis (ph) are tying the knot at the First Unitarian Universal Society in Albany.

UNIDENTIFIED FEMALE: With this ring, I marry you.

UNIDENTIFIED FEMALE: We know what we are together. And we've known that for a long time. What we want now is the legal recognition for our relationship. We pay taxes. We own a business. We raise a family. We're a part of a community.

AMMERMAN: (UNINTELLIGIBLE) initiated the service and signed documents attesting to the marriage it is something he could be criminally charged for doing. (UNINTELLIGIBLE) the pastors who recently married several couples down in New Paltz.

GOV. PATANI: And here with dignity of all people is essential tenants of Unitarian Universalism and this is an opportunity to take that -- those words and make them real in action.

AMMERMAN: The actual involvement of another trip to City Hall and probably to a courtroom. Now that the ceremony is performed, Patani says the law places the couples in a different status. The defense attorney Terry Kimlan was at the ceremony says it's a likely case for a legal challenge.

UNIDENTIFIED MALE: This is like being on a same bus with Rosa Parks back at the beginning of the Civil Rights Movement.

AMMERMAN: The basis of the Civil Rights these couples say they now deserve.

UNIDENTIFIED FEMALE: It's time that our daughter be protected by the laws that would join us. And, it's just right. Everybody in our lives recognizes what we are together.

(END VIDEOTAPE)

WALLACE: And that was reporter Steve Ammerman of affiliate WTEN. The mayor of the tiny upstate New York village of New Paltz began defying state law by marring same sex couples last month.

Well keeping up with the changing times is certainly not easy. Up next, we'll tell you about the phone calls of the future.

Plus, your plans to visit Mickey and friends will cost you a bit more this summer. We'll explain. That is coming up next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Launch, launch, launch.

(END VIDEO CLIP)

WALLACE: NASA scientists are enjoying the sweet taste of success today after taking their hyper sonic jet for a test run. The unmanned x-47-a reached record speeds of just over seven times the speed of sound over the Pacific Ocean yesterday.

That's about 5,000 miles an hour. The experimental aircraft road atop a Pegasus booster rocket launched from a b-52 bomber. NASA hopes the technology could some day be used to improve space flight and drastically cut the time of commercial flights. The space agency says it could test a vehicle at mach 10 by year's end.

These days, using a cell phone simply to make phone calls almost seems nostalgic. Wireless technology is racing ahead in finding new uses for the bodacious devices along the way. This week, those futuristic ideas took center stage at the CTIA Wireless Show in Atlanta. Technology correspondent Daniel Sieberg gives us a sneak peek.

(BEGIN VIDEOTAPE) DANIEL SIEBERG, CNN TECHNOLOGY CORRESPONDENT: Here is the annual wireless trade show; there are all sorts of different products on display here. Cell phones of all shapes and sizes. It compresses about everything in to a cell phone this day, and it's probably the only place to talk on the cell phone and not considered rude and 35,000 attendees about 1,000 exhibitors on the show floor. And to help us sift through the stuff, we are joined by gadget guru Marc Saltsman. Now Marc we have got a number of different products here. Now start with one that is in your pocket. It looks like a pocket protector. But this is not actually a pen.

MARC SALTZMAN, ELECTRONICS REVIEWER: No, it does look like one. It is called a pen phone. It is a prototype and just as the same suggests, it has a pen-like design. But there is more to it, there's functionality there. You can write a message, like again there is no ink.

SIEBERG: Because there no key pad to type in the number.

SALTZMAN: That is right, it has voice to text technology and text to digital technology. So what I mean by that is that you can write a message to lets say your friend and then you press send. Have that sent to another text message.

SIEBERG: OK, it may not -- not be on the market any time soon. It's concept design.

SALTZMAN: Yes, made it very clear it's an idea for the future.

SIEBERG: All right, let me put it in my pocket and we will move on to the next one. Now you have a bar code in front of this cell phone. Why is that?

SALTZMAN: This is basically it looks like a regular flip phone with a camera on the side. But there's a second lens there. And this is a bar code scanner and what it allows you to do in theory is that say you're reading "Rolling Stone" magazine. April 2005 your reading a music cd review. A side that review there's a bar code again theoretically. What you can do is take a picture of that bar code using your cell phone, it will go online, retrieve information and beam right back to the phone some songs that you can sample from the cd.

SIEBERG: Or ring tones?

SALTZMAN: Right. I mean, the possibilities are endless. So very interesting.

SIEBERG: A little futuristic. This one is into the future for Christmas 2004 but it, in fact, but instead of looking into the future it kind of looks like a phone from the past.

SALTZMAN: Yes, it looks like -

(CROSSTALK) SALTZMAN: Don't be fooled by this, this is the Nokia 9500 communicator. Now it does look like a fairly robust phone here but the real treat is it opens up into a communication device to use for Web surfing, e-mail messages and you can also edit attachments and read attachments. But here's the kicker.


Aired March 28, 2004 - 16:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KELLY WALLACE, CNN ANCHOR, CNN SUNDAY: Hello, I'm Kelly Wallace. Here's look at what's happening at this hour. In New York, a live picture from Harlem as a hallmark in the African-American culture celebrates a milestone today. Harlem's venerated Apollo Theater is rolling out the red carpet for the taping of a television spectacular marking it's 70th year. Legends from Elfitz Gerald (ph) to being frowned to prince rock have graced that Apollo stage.
Former White House Counter Terrorism Chief Richard Clarke is joining calls to declassify his 2002 congressional testimony. Clarke says he welcomes making the records public. Some Republicans accuse Clarke of changing his story when he harshly criticized the Bush administration during his testimony Wednesday before the September 11th commission.

Much of Clarke's criticism was targeting National Security Adviser Condoleezza Rice. The pressure is mounting for Dr. Rice to publicly testify before the September 11th commission, but the chairman of the investigative panel says White House concerns about executive privilege should be waived to help the commission get to the bottom of what led to the September 11th attacks.

A rancorous jury resumes deliberations tomorrow in the trial of two former Tyco executives. The juror's behavior has raised two serious questions. Can they reach a verdict and what's the meaning of the OK hand signal one of them flashed in the court according to today's "New York Times?" Former U.S. Attorney Kendall Coffey joins us now from Boston. Kendall Coffey great to see you thanks for being with us.

KENDALL COFFEY, FORMER U.S. ATTORNEY: Thanks for including me, Kelly.

WALLACE: First, how extraordinary is this hand signal by this one juror?

COFFEY: Well, very unusual. Judges instruct jurors and attorneys not to communicate or have any kind of contact between each other during the course of deliberations and while the juror may have thought it was an OK signal, it is anything but OK. Yet another trouble sign in a case as we know is already included jury notes referring a poisonous atmosphere. The jury note referring to a reprievable harm to deliberation process, this is a case that seems to be heading to a mistrial which would be a big set back for the prosecution. In what looks likes a like open and shut case. WALLACE: What is the dilemma now for the judge? Because how dicey is it for the judge to issue instructions that could be directed at any one juror on that panel?

COFFEY: Well that's exactly the problem. Very dicey because what the judge can't do is single out a juror, especially if it appears to be a holdout juror, because that is going to be seen as coercing that juror into joining the rest of the team. Meanwhile, if the media has an effect identified the juror and in some fashion targeted this juror as according to some as a holdout granny, you can expect a defense motion tomorrow morning for all the judge's carefulness in avoiding anything to single out the juror, now that the media has done so, the defense is going to say that this juror is going to be coerced of trying to avoid any kind of ridicule or being in an awkward position in the public eye and there fore the harm to a fair trial cannot be undone at this stage.

WALLACE: I mean we're talking $12 million, six months of time here. The judge sent the jury home hoping to sort of let them calm down a bit. What do you expect the judge to do when deliberations resume tomorrow?

COFFEY: I think the judge is still going to try -- remember, Arthur Andersen went to ten days of seemingly difficult deliberations before the jury came back in that trial with a guilty verdict on the obstruction count. The judge is going to try to encourage the jury to work a little bit longer, see if the notes from the jury indicate that the jury wants to keep working but at this point, it is very, very tough and one thing the judge really can't do is put anymore pressure on the jury.

Because this is an area, Kelly, which is fraught with peril for appellate reversal if a judge, says anything that is seen as coercing a jury or juror into giving up conscientious held beliefs.

WALLACE: Of course Kendall Coffey, we don't know what is going on in that jury room but you're watching this case from afar. Many believed it looked like a slam-dunk, really, for the prosecution. What is your sense about watching the case from afar? What might be holding up at least this one juror from agreeing to any kind of a verdict?

COFFEY: Well Kelly, looked like a prosecution dream, $600 million in allegedly illegal compensation Spiced by such great indicative points as the $15,000 umbrella and, of course, the most famous toga party since the movie "Animal House." What apparently happened during the course of the trail is it got complicated, it got difficult for the jury to follow and some of the best prosecution evidence may have gotten sort of dimmed and a little blurry. Over the months, if this case does go back to a retrial, I think you will see a slim down, streamlined and more focused presentation from the prosecution.

WALLACE: Well Kendall Coffey, it will certainly be fascinating to watch what unfolds. Thanks again so much for coming in on this Sunday afternoon. We certainly appreciate it.

COFFEY: Thank you, Kelly.

WALLACE: Well, moving ahead, this week, the Supreme Court hears arguments about a case that could have broad implications for the United States' global war on terror. The case centers around a Mexican doctor secretly kidnapped and brought to the United States to face a criminal charge. CNN's Elaine Quijano joins us live from Washington. Here as well with more on the case. Hi Elaine what can you tell us about it?

ELAINE QUIJANO, CNN CORRESPONDENT: Kelly, the Bush administration believes the outcome of this case could hinder its war on terror by allowing secretly abducted foreign suspects to sue for financial damages. But others argue American law provides that very protection to insure if suspects are mistreated, they have proper recourse.

(BEGIN VIDEOTAPE)

QUIJANO, (voice over): The question before the Supreme Court this week deals with a relatively obscure federal law, the Alien Tort Statute. The case involves the Mexican doctor Abutro Albreson Shane (ph) who in 1990 was kidnapped from Mexico by people working for the U.S. Drug Enforcement Administration. The doctor stood trial in L.A. for the murder of a DEA agent, but was acquitted after spending two and a half years in a U.S. prison.

UNIDENTIFIED MALE, (through translator): It's a very painful situation. I felt terrorized, filled with fear. It's a very bad situation for anyone to experience.

QUIJANO: The doctor sued several parties including those bounty hunters that kidnapped him. He was awarded $25,000 for emotional distress and one by citing the Alien Tort Statute.

UNIDENTIFIED MALE: It gives the victims of egregious violations of human rights access to a federal forum in which their wrongs can be adjudicated.

QUIJANO: But one of the Mexican nationals involved in the kidnapping appealed the decision. Now, the case has wound its way to the Supreme Court and the Bush administration worries it could affect U.S. officials' ability to capture terrorists like Osama Bin Laden.

UNIDENTIFIED MALE: They might very well want to do that without the benefit of the foreign governments' approval and if that happens, under the theory of the case here, anyone who assists the United States is subject to liability.

QUIJANO: Subject to liability, also could be U.S. corporations doing business overseas that are accused of violating international laws or human rights. Already, suits have been brought against several American companies.

EDWARD LAZARUS, ATTORNEY, AUTHOR: As globalization really expands, the question will be to what degree U.S. courts are going to be open to all kinds of acts of alleged international unlawfulness to settle in the United States even if they don't have that much connection to the United States.

(END VIDEOTAPE)

QUIJANO: Now the Bush administration has also asked the Supreme Court to clarify when federal officer haves the authority to arrest someone in a foreign country. The case is set to be argued Tuesday and a ruling is expected by June. Kelly.

WALLACE: Elaine Quijano thanks for that report we'll be watching it.

Moving now to news across America, officials in Kingfisher, Oklahoma believes a fire that heavily damaged a downtown theater may have been sparked by severe weather. Investigators say the fire started yesterday shortly after electricity was restored following a storm. There are no reports of injuries.

Hours after this peace rally in Arlington, Washington, two 16- year-old boys turned themselves into police yesterday for allegedly burning a cross in the yard of an African-American minister. The minister says he's happy the teens are owning up to the cross burning.

It's been almost six months since a nearly fatal tiger attack on Roy Horn forced his Las Vegas act to close. Horn is out of the hospital and on the mend. The marquise over the Vegas strip promoting Siegfried and Roy is changing but the act is reportedly getting back together by developing an animated series for NBC.

When states declare gay and lesbian marriages illegal, what are the consequences? A minister in Albany, New York is marrying same sex couples knowing he's risking criminal prosecution. Steve Ammerman of Affiliate WTEN reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Both have longstanding commitments to one another.

STEVE AMMERMAN, WTEN: Commitments that they want to become marriages. Elissa Kane (ph) and (UNINTELLIGIBLE) and Robert Bond and George Stuthatis (ph) are tying the knot at the First Unitarian Universal Society in Albany.

UNIDENTIFIED FEMALE: With this ring, I marry you.

UNIDENTIFIED FEMALE: We know what we are together. And we've known that for a long time. What we want now is the legal recognition for our relationship. We pay taxes. We own a business. We raise a family. We're a part of a community.

AMMERMAN: (UNINTELLIGIBLE) initiated the service and signed documents attesting to the marriage it is something he could be criminally charged for doing. (UNINTELLIGIBLE) the pastors who recently married several couples down in New Paltz.

GOV. PATANI: And here with dignity of all people is essential tenants of Unitarian Universalism and this is an opportunity to take that -- those words and make them real in action.

AMMERMAN: The actual involvement of another trip to City Hall and probably to a courtroom. Now that the ceremony is performed, Patani says the law places the couples in a different status. The defense attorney Terry Kimlan was at the ceremony says it's a likely case for a legal challenge.

UNIDENTIFIED MALE: This is like being on a same bus with Rosa Parks back at the beginning of the Civil Rights Movement.

AMMERMAN: The basis of the Civil Rights these couples say they now deserve.

UNIDENTIFIED FEMALE: It's time that our daughter be protected by the laws that would join us. And, it's just right. Everybody in our lives recognizes what we are together.

(END VIDEOTAPE)

WALLACE: And that was reporter Steve Ammerman of affiliate WTEN. The mayor of the tiny upstate New York village of New Paltz began defying state law by marring same sex couples last month.

Well keeping up with the changing times is certainly not easy. Up next, we'll tell you about the phone calls of the future.

Plus, your plans to visit Mickey and friends will cost you a bit more this summer. We'll explain. That is coming up next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Launch, launch, launch.

(END VIDEO CLIP)

WALLACE: NASA scientists are enjoying the sweet taste of success today after taking their hyper sonic jet for a test run. The unmanned x-47-a reached record speeds of just over seven times the speed of sound over the Pacific Ocean yesterday.

That's about 5,000 miles an hour. The experimental aircraft road atop a Pegasus booster rocket launched from a b-52 bomber. NASA hopes the technology could some day be used to improve space flight and drastically cut the time of commercial flights. The space agency says it could test a vehicle at mach 10 by year's end.

These days, using a cell phone simply to make phone calls almost seems nostalgic. Wireless technology is racing ahead in finding new uses for the bodacious devices along the way. This week, those futuristic ideas took center stage at the CTIA Wireless Show in Atlanta. Technology correspondent Daniel Sieberg gives us a sneak peek.

(BEGIN VIDEOTAPE) DANIEL SIEBERG, CNN TECHNOLOGY CORRESPONDENT: Here is the annual wireless trade show; there are all sorts of different products on display here. Cell phones of all shapes and sizes. It compresses about everything in to a cell phone this day, and it's probably the only place to talk on the cell phone and not considered rude and 35,000 attendees about 1,000 exhibitors on the show floor. And to help us sift through the stuff, we are joined by gadget guru Marc Saltsman. Now Marc we have got a number of different products here. Now start with one that is in your pocket. It looks like a pocket protector. But this is not actually a pen.

MARC SALTZMAN, ELECTRONICS REVIEWER: No, it does look like one. It is called a pen phone. It is a prototype and just as the same suggests, it has a pen-like design. But there is more to it, there's functionality there. You can write a message, like again there is no ink.

SIEBERG: Because there no key pad to type in the number.

SALTZMAN: That is right, it has voice to text technology and text to digital technology. So what I mean by that is that you can write a message to lets say your friend and then you press send. Have that sent to another text message.

SIEBERG: OK, it may not -- not be on the market any time soon. It's concept design.

SALTZMAN: Yes, made it very clear it's an idea for the future.

SIEBERG: All right, let me put it in my pocket and we will move on to the next one. Now you have a bar code in front of this cell phone. Why is that?

SALTZMAN: This is basically it looks like a regular flip phone with a camera on the side. But there's a second lens there. And this is a bar code scanner and what it allows you to do in theory is that say you're reading "Rolling Stone" magazine. April 2005 your reading a music cd review. A side that review there's a bar code again theoretically. What you can do is take a picture of that bar code using your cell phone, it will go online, retrieve information and beam right back to the phone some songs that you can sample from the cd.

SIEBERG: Or ring tones?

SALTZMAN: Right. I mean, the possibilities are endless. So very interesting.

SIEBERG: A little futuristic. This one is into the future for Christmas 2004 but it, in fact, but instead of looking into the future it kind of looks like a phone from the past.

SALTZMAN: Yes, it looks like -

(CROSSTALK) SALTZMAN: Don't be fooled by this, this is the Nokia 9500 communicator. Now it does look like a fairly robust phone here but the real treat is it opens up into a communication device to use for Web surfing, e-mail messages and you can also edit attachments and read attachments. But here's the kicker.