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CNN Live Today
Defense Lawyers File Motion Asking For Mistrial in Tyco Case; Rice Stepping up Defense of Decision not to Testify Publicly
Aired March 29, 2004 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, HOST: Good morning, everyone. We're at CNN headquarters in Atlanta. I'm Daryn Kagan.
As always, we begin with a look at the headlines, beginning with breaking news from New York in the Tyco trial. Just a few minutes ago, defense lawyers filed a motion asking the judge in the case for a mistrial. More on that and what they're basing that on straight ahead.
This morning in Washington, D.C., Condoleezza Rice is stepping up her defense of the decision to not testify in public before the 9/11 investigating panel. On "60 Minutes" last night, the national security adviser said she has nothing to hide from the group. Rice is under attack for refusing to publicly testify under oath before the panel because of rules of executive privilege. More on that story ahead as well.
Trouble for Israel's leader. Israel's chief prosecutor has recommended indicting Prime Minister Ariel Sharon for allegedly taking bribes when he was foreign minister. Both Sharon and his son have denied any wrongdoing but the Israeli Supreme Court has ordered the son to hand over documents related to the investigation.
And noted actor Sir Peter Ustinov is dead. The actor and humanitarian died of heart failure in Switzerland last night. The Oscar winner, the actor, was well known for his roles in "Spartacus" and as Detective Hercules Perot. Later in his career, Ustinov was chosen as a U.N. goodwill ambassador working with organizations like UNICEF. He was 82.
Once again we kick off our hour with breaking news out of New York City. The defense in the Tyco trial, once again, asking for a mistrial, this time by something that has happened in the media. For more on that let's go to Allan Chernoff standing by live in New York City.
Allan.
ALLAN CHERNOFF, CNN CORRESPONDENT: Good morning, Daryn. And one of the defense attorneys, Charles Stillman, telling me this morning that he has never seen anything like this in his 42 years of trying cases. "Over the top," is how he described it. Late Friday when the jury filed back into the courtroom, one of the jurors making an OK sign to the defense table. And then over the weekend, some newspapers actually identifying that juror, who appears to be the lone holdout here.
So the defense this morning is saying there's no way that the deliberations can continue. No way that they can be fair here. Charles Stillman saying that this is simply not fair in a courtroom. And so the argument being made now by the attorneys for Dennis Koslowski and the attorneys for Mark Schwartz joining in. Kozlowski and Schwartz, the two former executives of Tyco on trial for looting the company to the tune of $600 million.
Now, all of this coming on top of dramatic events within the jury room. The atmosphere had turned poisonous, according to a note that came out from the jury. Apparently lots of bickering back and forth. Jury members saying that this one holdout simply was no longer deliberating, and that juror arguing that other members of the jury simply have not considered the possibility or refused to accept the possibility that the prosecution here has not proven its case -- Daryn.
KAGAN: All right. Allan, we will check back with you, any word coming out of the courtroom; whether or not the judge grants that motion for a mistrial, based on what the media did or on what the stuck position that the jury appears to be in. We'll be checking back with you many times throughout the morning. Thank you.
Meanwhile, we go to Washington. National Security Adviser Condoleezza Rice is not budging in her refusal to testify publicly before the 9/11 Commission. And as the criticism mount, so does the vigor of her defense.
Our White House correspondent Suzanne Malveaux has more on that from the White House.
Suzanne, good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn. Well, the White House is searching for a compromise here. Dr. Rice says that she wants to talk to families of the 9/11 victims and perhaps she will be able to do so. She's also going to go before the 9/11 Commission and meet privately to answer their questions, as she did in February. Possibility perhaps that they'll release some of the transcript or some of the information coming from that session.
But the White House is very much aware that they have a perception problem here. That perception that the White House is hiding something. We have heard from 9/11 commissioners, the family members of the 9/11 victims, and this weekend, top Republicans; all of them calling for Dr. Rice to publicly testify before the 9/11 Commission.
Well, the White House realizes this could become politically damaging. Dr. Rice has been on a number of television networks, most recently on "60 Minutes" to give the White House position.
(BEGIN VIDEO CLIPS)
CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: Nothing would be better from my point of view than to be able to testify. I would really like to do that. But there's an important principle involved here. It is a longstanding principle that sitting national security advisers do not testify before the Congress.
RICHARD PERLE, FMR. ASST. SECY. OF DEFENSE: I think she would acquit herself well. She has nothing to conceal, nothing to hide. And there is a procedural, and legal and precendential constitutional issue here. Sometimes you have to set those aside, because the circumstances require it. And I think she should probably go forward to the commission.
(END VIDEO CLIPS)
MALVEAUX: The more complicating for the White House is that Richard Clarke this weekend offering to make his e-mail, his memos and his testimony -- his congressional testimony two years ago, all of that public because he's arguing that his statements are not inconsistent. We heard from Secretary Powell as well as other congressional Republicans saying they believed it would be best to declassify as much of that as possible. Because they believe there are inconsistencies. But a senior administration official saying it's not likely going to happen because it could compromise some of the means and methods of collecting data and fighting terror -- Daryn.
KAGAN: Suzanne Malveaux at a very noisy White House this morning.
Thank you for that.
The abortion issue facing a legal test today in three separate courtrooms in three separate states. All three lawsuits are challenging a recently enacted ban on a late term procedure that lawmakers call "partial birth abortion."
Our Sean Callebs is in Washington and he sets the stage for the three-part showdown.
Sean, good morning.
SEAN CALLEBS, CNN CORRESPONDENT: Good morning to you Daryn. Lawsuits stretching from coast to coast are expected to be heard today, challenging a measure that outlaws a certain type of late term abortion that the president signed into law in November. The litigation focusing on what is called partial birth abortions. The hearings are going on in New York, Lincoln, Nebraska and out in San Francisco, California.
Now, it would outlaw a procedure doctors refer to as intact dilation and extraction or DNX, generally performed in the second and sometimes third trimester. The fetus is partially delivered before its skull is punctured. Physicians could face up to two years in prison if convicted of performing this procedure.
Critics of the law, including Planned Parenthood and the National Abortion Federation say the law could possibly criminalize other types of abortion or perhaps even be the first step toward abolishing abortion. Partial birth abortions account for somewhere between 2,200 and 5,000 abortions each year in the U.S. There are an estimated 1.3 million in the United States every year.
Now, in approving the measure, Congress said partial birth is never necessary to preserve the health of a woman. Abortion rights advocates disagree and say banning the measure would leave physicians with no good alternative to protect a woman's life if problems develop. The American Medical Association is on the record. It doesn't discourage -- it discourages the use of DNX. However, it says it should not be banned -- Daryn.
KAGAN: Sean Callebs watching that from Washington, D.C.
Same-sex marriage is on the agenda and in the cross fire this hour, as Massachusetts lawmakers resume their constitutional convention. State representatives will debate for the third time a proposed amendment that would ban gay marriage in Massachusetts. Instead, the state would become the second to grant civil union benefits. Neither conservative nor gay right advocates are satisfied by the measure. Lawmakers face a mid May deadline when a court ruling legalizing same-sex marriages is set to take effect.
To California now, where prosecutors lay out their child molestation case against pop star, Michael Jackson. It will be done behind closed doors and in front of a grand jury, which will then decide if the case is strong enough to go to trial.
Our Miguel Marquez is in Santa Barbara at the courthouse, where the proceedings will be held.
Good morning.
MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you there, Daryn. Typically grand jury proceedings are, in fact, secret and the question that everyone wants to know is what exactly will they hear in the way of evidence? Well, certainly there's been a plethora of search warrants, 18 in all. The first one was conducted November 17 of last year at Mr. Jackson's Neverland ranch. The most recent one was conducted this year, March 3 of this year at a storage facility north of Los Angeles. Over the months they've obtained all sorts of stuff: 32 computers, over 100 videotapes and digital disks, 506 pages of cell phone records.
What exactly are they looking for? The search warrant affidavits are very heavily redacted. But the affidavit for the most recent search warrant indicates that investigators are trying to establish a relationship between Jackson and others in unedited videotape. They say they can find tons of edited videotape that shows Mr. Jackson in a positive light. But they want the raw stuff. Theirs is also a passage indicating that someone may have instructed a witness to hide evidence or to put it in a safe deposit box, because they were concerned their resident -- residence was going to be searched.
Now, who will testify? There's been a lot of reports out there. One report is that the accuser in this current case, then a 12-year- old boy, will testify. There are other reports that accusers from Mr. Jackson's '93 molestation case will testify. Because of grand jury rules, the principle witness doesn't necessarily have to testify. So secondary people, investigators, doctors, psychologists and the like, they could also testify in place of those sort of principle witnesses. We are relatively sure, every lawyer I've talked to, that Mr. Jackson even though he's been invited to testify, will turn down that invitation and not testify.
Whoever is testifying and whatever evidence the grand jurors hear, we understand it will be over the next two week, approximately. All of it in secret. Typically, they meet here in the Santa Barbara Superior Court. This time they are not meeting there because of the intense media interest. The judge has slapped a decorum order on this whole procedure, putting the grand jurors in a secret location, somewhere in Santa Barbara County.
Back to you.
KAGAN: Miguel, so when is the next time most probably we would see Michael Jackson coming to a courtroom?
MARQUEZ: Well, if the grand jurors indict Mr. Jackson, then that indictment would supercede the criminal proceedings that are under way now. That would mean Mr. Jackson would have to be re-indicted under the same or similar charges as he already faced. So we could be looking at a month, month and a half maybe two months, when we could see another indictment come down, and Mr. Jackson have to plead guilty or not guilty all over again -- Daryn.
KAGAN: Miguel Marquez in downtown Santa Barbara. Thank you for that.
Talk radio is getting a new voice.
(BEGIN VIDEO CLIPS)
EVAN COHEN, CHAIRMAN, AIR AMERICA: Being conservative or being liberal are not the main elements in the recipe for success. You have to be talented.
RUSH LIMBAUGH, TALK SHOW HOST: Ladies and gentlemen, the truth is...
(END VIDEO CLIPS)
KAGAN: Well, Rush Limbaugh has a talent for dominating the conservative waves, but now he is facing some competition from what's being called "The O'Franken Factor."
And baseball's killer lineup, but the Yankees aren't counting their chickens just yet. Joe Torre will explain why in a little bit.
And a popular pastime that appears to be getting some new attention. We'll tell you why two sticks plus some yarn can equal a lot more than baby booties. We're talking with chicks with sticks.
(COMMERCIAL BREAK) KAGAN: Democratic presidential candidate, John Kerry awakens in California this morning, where he begins a full week of post-vacation campaigning. Polls show the presumptive Democratic nominee as being in a statistical dead heat with President Bush in five states, considered pivotal in the November election.
Independent candidate, Ralph Nader says that he'll meet with Kerry next month to discuss what he calls the common objective of ousting Mr. Bush. No word on exactly what that means and no comment from the Kerry camp.
The din of the political season has a new voice chiming in this week. On Wednesday, comedian Al Franken launches a new liberal radio network. It is called Air America. And while it may be music to the ears of those on the left, it does face a bottom line concerned more with profits than politics.
CNN's Adora Udoji has the story.
(BEGIN VIDEOTAPE)
(LAUGHTER)
AL FRANKEN, COMEDIAN: If I was friends with Ken Edelman, I'm sure he's a nice Jewish boy.
ADORA UDOJI, CNN CORRESPONDENT (voice-over): Comedian Al Franken just couldn't resist, even the name of his upcoming radio show sounds like a punch line. It's called "The O'Franken Factor," a clear swipe at the conservative Bill O'Reilly show, "The O'Reilly Factor." The creators of Air America, the country's first self-proclaimed, liberal radio network are betting that humor will pull in listeners.
EVAN COHEN, CHAIRMAN, AIR AMERICA: And you take somebody as talented as Al Franken, who is working as hard as he is, who is as committed as he is to being successful and providing, you know, great radio to talk about things that he believes are not in the American dialogue right now.
UDOJI: Indeed, the airwaves are dominated by conservatives with Rush Limbaugh leading the pack.
LIMBAUGH: Increasingly popular Rush Limbaugh program.
UDOJI: He pulls in nearly 15 million listeners a week. Right behind him, Sean Hannity at 12 million. But analysts say there's plenty of room.
COHEN: Being conservative or liberal are not the main elements in the recipe for success. You have to be talented and have some special, charismatic magic about you to attract the radio audience.
UDOJI: Air America is promising provocative programs led by Franken, actress-comedienne Jeanne Garofalo and hip hop godfather, Chuck D of the group Public Enemy. Some argue that it might even help that Democrats are not in the White House, especially in a big presidential election year.
COHEN: Talk radio works best when it takes on power. When it flies in the face of authority. When it takes the outsider role and is the critical position.
UDOJI: But it's a tough business. They don't expect to turn a profit for three years, even if people do tune in.
(on camera): The task for Air America begins this week when the show starts broadcasting out of this building on Park Avenue, to radio stations here in new York city in Chicago, Los Angeles and San Francisco.
Adora Udoji, CNN, New York.
(END VIDEOTAPE)
KAGAN: Still saying no to the 9/11 Commission, Condoleezza Rice's explanation as to why she cannot testify publicly under oath.
And don't let life pass you by because you're working too much.
Gerri, are you listening to your own segment on workaholics? I wonder.
GERRI WILLIS, CNNFN PERSONAL FINANCE EDITOR: Well, you know, I think there's good advice in this for everybody at CNN. We're going to tell you how to know if you're a workaholic, and what you and your family can do about it. Some good news when we come back on CNN LIVE TODAY.
(COMMERCIAL BREAK)
KAGAN: Are you the type to come to work during the weekends and on vacations? If so you might be a workaholic. And if your work habits have you and others all worked up, we have some tips on how to relax and how to let go. Five tips from our CNN Financial News correspondent Gerri Willis.
Gerri, good morning.
WILLIS: Hey, Daryn. Good to see you. I have got a test here you can take to find out if you're really a workaholic. Question No. 1., do you think about work when you're on vacation? Question No. 2, do you take vacation? Question No. 3, do you cancel family activities constantly over and over again? And Daryn, for you, are you addicted to your Blackberry? Are you a "crackberry?"
KAGAN: Ah, what do you mean, Ger?
(LAUGHTER)
WILLIS: See.
KAGAN: There you go.
WILLIS: See what I'm talking about?
KAGAN: I have really good thumb muscles from doing my little Blackberry here.
WILLIS: Ah.
KAGAN: We're calling this one the Blueberry, though because of the new model, it's blue.
WILLIS: Oh. See, now you know every iteration, every take on the Blackberry. I don't know, Daryn.
KAGAN: Yes, I know. Kind of sad. I'm new to -- I'm new to -- I call it the leash. I'm new to it. But I think it's actually very helpful. Even though it lets places like this find you, lots of places.
How about -- OK, so you're here to cure people like me. Yes, I did work on Friday night, worked a double shift, all that kind stuff. Let's move on to the next tip however.
WILLIS: OK. Well, you have to know the risk, Daryn, because working -- being a workacoholic creates lots of problems. Divorce rates for workaholics, 40 percent higher than other people. You can give your children anxiety, depression. Maybe you're training them to become workaholics if you have kids.
And finally, people who overwork are more likely to have cardiac problems. Have a lot of health risks associated with this. And I don't know if you remember, though, long time ago in Japan they had something called Karoshi. It means death from overwork.
KAGAN: Oh! That would be a terrible way to go.
WILLIS: Yes.
KAGAN: Now, I think a lot of workaholics will be tuning out to that, but you might be able to speak to them in terms they can understand. And one is to make their work even better.
WILLIS: That's right. You know, a lot of workaholics think if I just put in that extra hour, two hours it's going to make my work look better. That's not really the case. You're more creative; you're more productive when you're well rested. And keep in mind to that, you know, every day you don't work at the same intensity or pace. Some days are focused days, according to the people at Strategic Coast, days when you get a lot done. Other days are buffer days when you do a lot of planning and you tend to think long ranged. And then you've got to add in those rest days when you don't work at all.
KAGAN: So if you're thinking it might be time for a change, don't feel like you have to go from overtime to part time. Do it small steps.
WILLIS: Yes, baby steps. Start with going home early one day. And then maybe another day you'll take a half-day off. Pretty soon you'll be taking an entire vacation. One way to get yourself to that point where you feel comfortable taking time off, prioritize what you're doing. The problem with workaholics is that they think every task deserves the same amount of effort. Also, if you have to add another task to your usual list every week, take something else out. Substitute. If you have to do an extra job, leave something else off the list.
KAGAN: I like that. And what about if you, per se, are not the workaholic, but you're living with the workaholic?
WILLIS: Yes, this is another problem too. You know you can't push somebody into not being a workaholic. You can't force them to stop working so long, because they'll just get mad at you.
So couple tricky things we found out, Daryn that people like to do for their significant other that might be a workaholic. Think about scheduling the vacation and making those tickets nonrefundable.
KAGAN: Ah.
WILLIS: Yes. And when you schedule some kind of family time together or couple time together, make sure it's something they really want to do. Don't just walk around the mall. Find something that they really get excited, so the two of you, the four of you, the five of you, or however many can really enjoy and have fun together.
KAGAN: But what if the big thing they really love is the Blackberry?
(LAUGHTER)
WILLIS: Well, you've got to have more interests than that.
KAGAN: Yes, expand.
(LAUGHTER)
KAGAN: Got it. OK. This one has a video game on it, though too as well.
WILLIS: Oh well, see now that is good.
KAGAN: Woo! Fun time.
WILLIS: That's diversifying right there.
KAGAN: Yes, that's big. Such a fun girl. Gerri Willis, thank you so much. Appreciate it.
WILLIS: You're welcome.
KAGAN: We will see you with more work later in the week.
WILLIS: Yes, you bet.
KAGAN: Coming up -- yes, we have a lot more work to get to this morning.
Coming up on CNN LIVE TODAY, one year ago the war with Iraq was raging. Now there's a new report on a friendly fire incident during one fierce battle with the enemy.
And a high profile job. A French attorney agrees to be Saddam Hussein's defense attorney. Hear what he says about his decision.
(COMMERCIAL BREAK)
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 29, 2004 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, HOST: Good morning, everyone. We're at CNN headquarters in Atlanta. I'm Daryn Kagan.
As always, we begin with a look at the headlines, beginning with breaking news from New York in the Tyco trial. Just a few minutes ago, defense lawyers filed a motion asking the judge in the case for a mistrial. More on that and what they're basing that on straight ahead.
This morning in Washington, D.C., Condoleezza Rice is stepping up her defense of the decision to not testify in public before the 9/11 investigating panel. On "60 Minutes" last night, the national security adviser said she has nothing to hide from the group. Rice is under attack for refusing to publicly testify under oath before the panel because of rules of executive privilege. More on that story ahead as well.
Trouble for Israel's leader. Israel's chief prosecutor has recommended indicting Prime Minister Ariel Sharon for allegedly taking bribes when he was foreign minister. Both Sharon and his son have denied any wrongdoing but the Israeli Supreme Court has ordered the son to hand over documents related to the investigation.
And noted actor Sir Peter Ustinov is dead. The actor and humanitarian died of heart failure in Switzerland last night. The Oscar winner, the actor, was well known for his roles in "Spartacus" and as Detective Hercules Perot. Later in his career, Ustinov was chosen as a U.N. goodwill ambassador working with organizations like UNICEF. He was 82.
Once again we kick off our hour with breaking news out of New York City. The defense in the Tyco trial, once again, asking for a mistrial, this time by something that has happened in the media. For more on that let's go to Allan Chernoff standing by live in New York City.
Allan.
ALLAN CHERNOFF, CNN CORRESPONDENT: Good morning, Daryn. And one of the defense attorneys, Charles Stillman, telling me this morning that he has never seen anything like this in his 42 years of trying cases. "Over the top," is how he described it. Late Friday when the jury filed back into the courtroom, one of the jurors making an OK sign to the defense table. And then over the weekend, some newspapers actually identifying that juror, who appears to be the lone holdout here.
So the defense this morning is saying there's no way that the deliberations can continue. No way that they can be fair here. Charles Stillman saying that this is simply not fair in a courtroom. And so the argument being made now by the attorneys for Dennis Koslowski and the attorneys for Mark Schwartz joining in. Kozlowski and Schwartz, the two former executives of Tyco on trial for looting the company to the tune of $600 million.
Now, all of this coming on top of dramatic events within the jury room. The atmosphere had turned poisonous, according to a note that came out from the jury. Apparently lots of bickering back and forth. Jury members saying that this one holdout simply was no longer deliberating, and that juror arguing that other members of the jury simply have not considered the possibility or refused to accept the possibility that the prosecution here has not proven its case -- Daryn.
KAGAN: All right. Allan, we will check back with you, any word coming out of the courtroom; whether or not the judge grants that motion for a mistrial, based on what the media did or on what the stuck position that the jury appears to be in. We'll be checking back with you many times throughout the morning. Thank you.
Meanwhile, we go to Washington. National Security Adviser Condoleezza Rice is not budging in her refusal to testify publicly before the 9/11 Commission. And as the criticism mount, so does the vigor of her defense.
Our White House correspondent Suzanne Malveaux has more on that from the White House.
Suzanne, good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn. Well, the White House is searching for a compromise here. Dr. Rice says that she wants to talk to families of the 9/11 victims and perhaps she will be able to do so. She's also going to go before the 9/11 Commission and meet privately to answer their questions, as she did in February. Possibility perhaps that they'll release some of the transcript or some of the information coming from that session.
But the White House is very much aware that they have a perception problem here. That perception that the White House is hiding something. We have heard from 9/11 commissioners, the family members of the 9/11 victims, and this weekend, top Republicans; all of them calling for Dr. Rice to publicly testify before the 9/11 Commission.
Well, the White House realizes this could become politically damaging. Dr. Rice has been on a number of television networks, most recently on "60 Minutes" to give the White House position.
(BEGIN VIDEO CLIPS)
CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: Nothing would be better from my point of view than to be able to testify. I would really like to do that. But there's an important principle involved here. It is a longstanding principle that sitting national security advisers do not testify before the Congress.
RICHARD PERLE, FMR. ASST. SECY. OF DEFENSE: I think she would acquit herself well. She has nothing to conceal, nothing to hide. And there is a procedural, and legal and precendential constitutional issue here. Sometimes you have to set those aside, because the circumstances require it. And I think she should probably go forward to the commission.
(END VIDEO CLIPS)
MALVEAUX: The more complicating for the White House is that Richard Clarke this weekend offering to make his e-mail, his memos and his testimony -- his congressional testimony two years ago, all of that public because he's arguing that his statements are not inconsistent. We heard from Secretary Powell as well as other congressional Republicans saying they believed it would be best to declassify as much of that as possible. Because they believe there are inconsistencies. But a senior administration official saying it's not likely going to happen because it could compromise some of the means and methods of collecting data and fighting terror -- Daryn.
KAGAN: Suzanne Malveaux at a very noisy White House this morning.
Thank you for that.
The abortion issue facing a legal test today in three separate courtrooms in three separate states. All three lawsuits are challenging a recently enacted ban on a late term procedure that lawmakers call "partial birth abortion."
Our Sean Callebs is in Washington and he sets the stage for the three-part showdown.
Sean, good morning.
SEAN CALLEBS, CNN CORRESPONDENT: Good morning to you Daryn. Lawsuits stretching from coast to coast are expected to be heard today, challenging a measure that outlaws a certain type of late term abortion that the president signed into law in November. The litigation focusing on what is called partial birth abortions. The hearings are going on in New York, Lincoln, Nebraska and out in San Francisco, California.
Now, it would outlaw a procedure doctors refer to as intact dilation and extraction or DNX, generally performed in the second and sometimes third trimester. The fetus is partially delivered before its skull is punctured. Physicians could face up to two years in prison if convicted of performing this procedure.
Critics of the law, including Planned Parenthood and the National Abortion Federation say the law could possibly criminalize other types of abortion or perhaps even be the first step toward abolishing abortion. Partial birth abortions account for somewhere between 2,200 and 5,000 abortions each year in the U.S. There are an estimated 1.3 million in the United States every year.
Now, in approving the measure, Congress said partial birth is never necessary to preserve the health of a woman. Abortion rights advocates disagree and say banning the measure would leave physicians with no good alternative to protect a woman's life if problems develop. The American Medical Association is on the record. It doesn't discourage -- it discourages the use of DNX. However, it says it should not be banned -- Daryn.
KAGAN: Sean Callebs watching that from Washington, D.C.
Same-sex marriage is on the agenda and in the cross fire this hour, as Massachusetts lawmakers resume their constitutional convention. State representatives will debate for the third time a proposed amendment that would ban gay marriage in Massachusetts. Instead, the state would become the second to grant civil union benefits. Neither conservative nor gay right advocates are satisfied by the measure. Lawmakers face a mid May deadline when a court ruling legalizing same-sex marriages is set to take effect.
To California now, where prosecutors lay out their child molestation case against pop star, Michael Jackson. It will be done behind closed doors and in front of a grand jury, which will then decide if the case is strong enough to go to trial.
Our Miguel Marquez is in Santa Barbara at the courthouse, where the proceedings will be held.
Good morning.
MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you there, Daryn. Typically grand jury proceedings are, in fact, secret and the question that everyone wants to know is what exactly will they hear in the way of evidence? Well, certainly there's been a plethora of search warrants, 18 in all. The first one was conducted November 17 of last year at Mr. Jackson's Neverland ranch. The most recent one was conducted this year, March 3 of this year at a storage facility north of Los Angeles. Over the months they've obtained all sorts of stuff: 32 computers, over 100 videotapes and digital disks, 506 pages of cell phone records.
What exactly are they looking for? The search warrant affidavits are very heavily redacted. But the affidavit for the most recent search warrant indicates that investigators are trying to establish a relationship between Jackson and others in unedited videotape. They say they can find tons of edited videotape that shows Mr. Jackson in a positive light. But they want the raw stuff. Theirs is also a passage indicating that someone may have instructed a witness to hide evidence or to put it in a safe deposit box, because they were concerned their resident -- residence was going to be searched.
Now, who will testify? There's been a lot of reports out there. One report is that the accuser in this current case, then a 12-year- old boy, will testify. There are other reports that accusers from Mr. Jackson's '93 molestation case will testify. Because of grand jury rules, the principle witness doesn't necessarily have to testify. So secondary people, investigators, doctors, psychologists and the like, they could also testify in place of those sort of principle witnesses. We are relatively sure, every lawyer I've talked to, that Mr. Jackson even though he's been invited to testify, will turn down that invitation and not testify.
Whoever is testifying and whatever evidence the grand jurors hear, we understand it will be over the next two week, approximately. All of it in secret. Typically, they meet here in the Santa Barbara Superior Court. This time they are not meeting there because of the intense media interest. The judge has slapped a decorum order on this whole procedure, putting the grand jurors in a secret location, somewhere in Santa Barbara County.
Back to you.
KAGAN: Miguel, so when is the next time most probably we would see Michael Jackson coming to a courtroom?
MARQUEZ: Well, if the grand jurors indict Mr. Jackson, then that indictment would supercede the criminal proceedings that are under way now. That would mean Mr. Jackson would have to be re-indicted under the same or similar charges as he already faced. So we could be looking at a month, month and a half maybe two months, when we could see another indictment come down, and Mr. Jackson have to plead guilty or not guilty all over again -- Daryn.
KAGAN: Miguel Marquez in downtown Santa Barbara. Thank you for that.
Talk radio is getting a new voice.
(BEGIN VIDEO CLIPS)
EVAN COHEN, CHAIRMAN, AIR AMERICA: Being conservative or being liberal are not the main elements in the recipe for success. You have to be talented.
RUSH LIMBAUGH, TALK SHOW HOST: Ladies and gentlemen, the truth is...
(END VIDEO CLIPS)
KAGAN: Well, Rush Limbaugh has a talent for dominating the conservative waves, but now he is facing some competition from what's being called "The O'Franken Factor."
And baseball's killer lineup, but the Yankees aren't counting their chickens just yet. Joe Torre will explain why in a little bit.
And a popular pastime that appears to be getting some new attention. We'll tell you why two sticks plus some yarn can equal a lot more than baby booties. We're talking with chicks with sticks.
(COMMERCIAL BREAK) KAGAN: Democratic presidential candidate, John Kerry awakens in California this morning, where he begins a full week of post-vacation campaigning. Polls show the presumptive Democratic nominee as being in a statistical dead heat with President Bush in five states, considered pivotal in the November election.
Independent candidate, Ralph Nader says that he'll meet with Kerry next month to discuss what he calls the common objective of ousting Mr. Bush. No word on exactly what that means and no comment from the Kerry camp.
The din of the political season has a new voice chiming in this week. On Wednesday, comedian Al Franken launches a new liberal radio network. It is called Air America. And while it may be music to the ears of those on the left, it does face a bottom line concerned more with profits than politics.
CNN's Adora Udoji has the story.
(BEGIN VIDEOTAPE)
(LAUGHTER)
AL FRANKEN, COMEDIAN: If I was friends with Ken Edelman, I'm sure he's a nice Jewish boy.
ADORA UDOJI, CNN CORRESPONDENT (voice-over): Comedian Al Franken just couldn't resist, even the name of his upcoming radio show sounds like a punch line. It's called "The O'Franken Factor," a clear swipe at the conservative Bill O'Reilly show, "The O'Reilly Factor." The creators of Air America, the country's first self-proclaimed, liberal radio network are betting that humor will pull in listeners.
EVAN COHEN, CHAIRMAN, AIR AMERICA: And you take somebody as talented as Al Franken, who is working as hard as he is, who is as committed as he is to being successful and providing, you know, great radio to talk about things that he believes are not in the American dialogue right now.
UDOJI: Indeed, the airwaves are dominated by conservatives with Rush Limbaugh leading the pack.
LIMBAUGH: Increasingly popular Rush Limbaugh program.
UDOJI: He pulls in nearly 15 million listeners a week. Right behind him, Sean Hannity at 12 million. But analysts say there's plenty of room.
COHEN: Being conservative or liberal are not the main elements in the recipe for success. You have to be talented and have some special, charismatic magic about you to attract the radio audience.
UDOJI: Air America is promising provocative programs led by Franken, actress-comedienne Jeanne Garofalo and hip hop godfather, Chuck D of the group Public Enemy. Some argue that it might even help that Democrats are not in the White House, especially in a big presidential election year.
COHEN: Talk radio works best when it takes on power. When it flies in the face of authority. When it takes the outsider role and is the critical position.
UDOJI: But it's a tough business. They don't expect to turn a profit for three years, even if people do tune in.
(on camera): The task for Air America begins this week when the show starts broadcasting out of this building on Park Avenue, to radio stations here in new York city in Chicago, Los Angeles and San Francisco.
Adora Udoji, CNN, New York.
(END VIDEOTAPE)
KAGAN: Still saying no to the 9/11 Commission, Condoleezza Rice's explanation as to why she cannot testify publicly under oath.
And don't let life pass you by because you're working too much.
Gerri, are you listening to your own segment on workaholics? I wonder.
GERRI WILLIS, CNNFN PERSONAL FINANCE EDITOR: Well, you know, I think there's good advice in this for everybody at CNN. We're going to tell you how to know if you're a workaholic, and what you and your family can do about it. Some good news when we come back on CNN LIVE TODAY.
(COMMERCIAL BREAK)
KAGAN: Are you the type to come to work during the weekends and on vacations? If so you might be a workaholic. And if your work habits have you and others all worked up, we have some tips on how to relax and how to let go. Five tips from our CNN Financial News correspondent Gerri Willis.
Gerri, good morning.
WILLIS: Hey, Daryn. Good to see you. I have got a test here you can take to find out if you're really a workaholic. Question No. 1., do you think about work when you're on vacation? Question No. 2, do you take vacation? Question No. 3, do you cancel family activities constantly over and over again? And Daryn, for you, are you addicted to your Blackberry? Are you a "crackberry?"
KAGAN: Ah, what do you mean, Ger?
(LAUGHTER)
WILLIS: See.
KAGAN: There you go.
WILLIS: See what I'm talking about?
KAGAN: I have really good thumb muscles from doing my little Blackberry here.
WILLIS: Ah.
KAGAN: We're calling this one the Blueberry, though because of the new model, it's blue.
WILLIS: Oh. See, now you know every iteration, every take on the Blackberry. I don't know, Daryn.
KAGAN: Yes, I know. Kind of sad. I'm new to -- I'm new to -- I call it the leash. I'm new to it. But I think it's actually very helpful. Even though it lets places like this find you, lots of places.
How about -- OK, so you're here to cure people like me. Yes, I did work on Friday night, worked a double shift, all that kind stuff. Let's move on to the next tip however.
WILLIS: OK. Well, you have to know the risk, Daryn, because working -- being a workacoholic creates lots of problems. Divorce rates for workaholics, 40 percent higher than other people. You can give your children anxiety, depression. Maybe you're training them to become workaholics if you have kids.
And finally, people who overwork are more likely to have cardiac problems. Have a lot of health risks associated with this. And I don't know if you remember, though, long time ago in Japan they had something called Karoshi. It means death from overwork.
KAGAN: Oh! That would be a terrible way to go.
WILLIS: Yes.
KAGAN: Now, I think a lot of workaholics will be tuning out to that, but you might be able to speak to them in terms they can understand. And one is to make their work even better.
WILLIS: That's right. You know, a lot of workaholics think if I just put in that extra hour, two hours it's going to make my work look better. That's not really the case. You're more creative; you're more productive when you're well rested. And keep in mind to that, you know, every day you don't work at the same intensity or pace. Some days are focused days, according to the people at Strategic Coast, days when you get a lot done. Other days are buffer days when you do a lot of planning and you tend to think long ranged. And then you've got to add in those rest days when you don't work at all.
KAGAN: So if you're thinking it might be time for a change, don't feel like you have to go from overtime to part time. Do it small steps.
WILLIS: Yes, baby steps. Start with going home early one day. And then maybe another day you'll take a half-day off. Pretty soon you'll be taking an entire vacation. One way to get yourself to that point where you feel comfortable taking time off, prioritize what you're doing. The problem with workaholics is that they think every task deserves the same amount of effort. Also, if you have to add another task to your usual list every week, take something else out. Substitute. If you have to do an extra job, leave something else off the list.
KAGAN: I like that. And what about if you, per se, are not the workaholic, but you're living with the workaholic?
WILLIS: Yes, this is another problem too. You know you can't push somebody into not being a workaholic. You can't force them to stop working so long, because they'll just get mad at you.
So couple tricky things we found out, Daryn that people like to do for their significant other that might be a workaholic. Think about scheduling the vacation and making those tickets nonrefundable.
KAGAN: Ah.
WILLIS: Yes. And when you schedule some kind of family time together or couple time together, make sure it's something they really want to do. Don't just walk around the mall. Find something that they really get excited, so the two of you, the four of you, the five of you, or however many can really enjoy and have fun together.
KAGAN: But what if the big thing they really love is the Blackberry?
(LAUGHTER)
WILLIS: Well, you've got to have more interests than that.
KAGAN: Yes, expand.
(LAUGHTER)
KAGAN: Got it. OK. This one has a video game on it, though too as well.
WILLIS: Oh well, see now that is good.
KAGAN: Woo! Fun time.
WILLIS: That's diversifying right there.
KAGAN: Yes, that's big. Such a fun girl. Gerri Willis, thank you so much. Appreciate it.
WILLIS: You're welcome.
KAGAN: We will see you with more work later in the week.
WILLIS: Yes, you bet.
KAGAN: Coming up -- yes, we have a lot more work to get to this morning.
Coming up on CNN LIVE TODAY, one year ago the war with Iraq was raging. Now there's a new report on a friendly fire incident during one fierce battle with the enemy.
And a high profile job. A French attorney agrees to be Saddam Hussein's defense attorney. Hear what he says about his decision.
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