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CNN Live At Daybreak

Fight For Iraq; Jayson Williams Trial; Allergy Season

Aired April 13, 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: U.S. troops make a major score in Iraq. They have now detained a top aide to anti-coalition cleric Muqtada al-Sadr. Of course that cleric is behind the surge of Shiite violence in Iraq.
Good morning, welcome to the second half-hour of DAYBREAK. It is Tuesday, April 13. From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

Let me bring you up to date now.

At least two Marines are dead following an attack by Iraqi insurgents in Fallujah. A building housing the Marines was hit by a rocket and small arms fire. Eight other Marines were wounded in the exchange.

Testimony at the 9/11 Commission hearings today will center on the intelligence agencies and law enforcement. Attorney General John Ashcroft and former FBI director Louis Freeh are among those expected to testify today.

Just about an hour ago, Vice President Dick Cheney arrived in China for some high-level meetings. He will meet with China's president to discuss the situations in Iraq, North Korea and Taiwan.

Pharmaceutical giant Pfizer is suing an Internet drug provider it says is selling an unapproved version of the drug Lipitor. Lipitor is a cholesterol-reducing drug with annual sales of more than $10 billion. Pfizer is claiming patent and trademark violations.

Now to Chad for a first look, actually a second look, at the forecast.

Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER FORECAST)

COSTELLO: Now to the fight for Iraq. At least 27 foreign nationals are missing or being held hostage right now in Iraq, including 9 Americans. That tops our 'Situation Report.'

The latest kidnapping took place in Baghdad. Gunmen seized three Russian and five Ukrainian contractors from their residents. In the meantime, seven Chinese hostages are now safe. They were freed by their kidnappers after being held for one day. The U.S. commander in Iraq says he needs 10,000 more U.S. troops to help fight the insurgency. That means troops scheduled to come home will have to stay a while longer.

New this morning, want to talk more about this. U.S. troops detained an aide to an anti-American cleric in Iraq today. It comes amidst a mounting casualty toll among U.S. troops.

Let's head live to Baghdad and CNN Baghdad bureau chief Jane Arraf for more.

Hello -- Jane.

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Hi, Carol.

U.S. soldiers took away Hazem al-Araji who is the head of the Sadr office in Fasamia (ph). Fasamia is the neighborhood that's the site of some of the holiest shrines in Shi'a Islam.

Now Araji had come here for a meeting with local sheikhs. He was arrested shortly after -- detained, rather, taken away by U.S. forces in an armored vehicle. They say they have no word yet on whether there has been a warrant issued for his arrest or whether he is simply being held for questioning. But they have made clear that they have declared forces loyal to radical Shi'a leader Muqtada al-Sadr hostile to the coalition and they are willing to arrest almost everyone.

Now as you mentioned, two Marines killed and eight wounded in a firefight Monday night in the town of Fallujah west of Baghdad where a cease-fire still seems to be holding, but there is sporadic fighting.

And south of here in Najaf, where Muqtada al-Sadr remains and remains in control of the city, the U.S. continuing to build up forces. Reports that one soldier was killed when a convoy heading to Najaf was attacked. We are trying to confirm that -- Carol.

COSTELLO: Jane Arraf live from Baghdad this morning.

We want to talk more about al-Sadr and this aide that coalition forces has detained.

Our senior international editor David Clinch is here to tell us more.

DAVID CLINCH, CNN SENIOR INTERNATIONAL EDITOR: Yes, good morning, Carol.

Very delicate situation both in terms of the story and (AUDIO GAP). So the detention of another top aide certainly plays into that question of what al-Sadr will do, how he will react to this.

And all of this, of course, coming at a point where within the last 24, 48 hours he has actually withdrawn some of his militants from the streets in Shiite towns. Not made any promises about disbanding, which is what the U.S. wants him to do, not handed himself into arrest, but clearly there is a delicate balance going on here. He has made some signs of pulling back, but now his aide detained. We'll have to watch this story closely.

COSTELLO: This aide being detained, some things are rather strange. The aide was walking around freely. He was talking to Italian journalists and then he walked out of the hotel...

CLINCH: Right.

COSTELLO: ... and coalition forces detained him. So he wasn't exactly in hiding?

CLINCH: Right, not as far as we can see. I mean these are the types of people, his aides, who were coming and going talking to journalists on a regular basis in Baghdad and elsewhere before this most recent violence. So to see them coming into hotels and talking to journalists would not have been unusual. But the fact that the U.S. went and moved in to, again, at this point, detain and question him, we're not sure how far they are going to push it.

COSTELLO: Well or we're not sure how powerful this aide really is, are we?

CLINCH: Well, perhaps not, but any aide of al-Sadr's, obviously, is something that we have to pay attention to. And again, the difficulty in terms of covering this, you know inflaming the situation by reporting that he has been arrested or detained, could be very difficult. We simply don't know exactly what's happening with him right now. We're going to have to watch very closely.

In the same sense in Fallujah, we have some eyes in there with a full crew in Fallujah. There are others who have eyes in Fallujah. The line between a cease-fire holding and violence continuing and Marines being killed is a very thin one. Both those -- both of those things are happening in one degree or another.

So it's a very delicate, interesting dynamic on both of these fronts, both the Shiite front and the Sunni front, and a very dangerous one for reporters, too, because at any moment quiet can turn into violence. And wherever we are, we have to be on the lookout for that at every moment.

COSTELLO: And it's still a pool situation in Fallujah, none of our correspondents are being moved from Baghdad to there because it's too dangerous.

CLINCH: That's correct. Of course the pool has it's own dangers. You are with the Marines who, as we have been saying, while still carrying out what they are calling a no -- they will not fire until they are fired upon. Well when they are fired upon, if we are with them, we get fired upon, too. It's a very dangerous situation.

COSTELLO: David Clinch, many thanks to you.

CLINCH: OK.

COSTELLO: Former and current Justice Department and intelligence officials plan to offer a spirited defense of their actions leading up to the terrorist attacks of 9/11. Among those testifying before the 9/11 Commission are Louis Freeh who was FBI director from September 1993 until June 2001, Cofer Black who headed the CIA's Counterterrorism Center between 1999 and 2002 and Attorney General John Ashcroft.

By now we all know about that presidential daily briefing of August 6, 2001. But what about the senior executive intelligence brief sent out a day later? There is criticism about omissions in that document which went to senior government policymakers. According to The Associate Press, the second memo did not mention the 70 FBI investigations into al Qaeda activities, nor the May 2001 threat of a U.S.-based attack, nor the FBI concerns over surveillance of New York buildings. Bush administration officials say memos to senior executives typically don't include the sensitive information found in the president's briefings.

CNN's live coverage of today's 9/11 Commission hearing begins at 9:00 a.m. Eastern. And President Bush will hold a prime time news conference tonight to update the situation on Iraq and lay out future plans there. We'll have it for you live at 8:30 p.m. Eastern.

As the nation gears up for another round of testimony before the 9/11 Commission, tell us what you think. Send us your e-mails. The address is DAYBREAK@CNN.com.

Will basketball star Jayson Williams have manslaughter charges dropped against him later today? A judge will decide if prosecutors failed to play by the rules. That story ahead.

And in the next hour, two sets of twin sisters in the same unit sent to Iraq, their stories of death and survival ahead.

This is DAYBREAK for April 13.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports. It is 5:43 Eastern Time. Here is what's all new this morning.

The U.S. military has detained a top aide to radical Shiite leader Muqtada al-Sadr. He was taken into custody while attending a meeting of tribal leaders.

Another big day at the 9/11 hearings, ex-FBI Chief Louis Freeh, Attorney General John Ashcroft and his predecessor Janet Reno will take turns in the hot seat today. And when we say hot, we mean hot. The questioning could be very pointed indeed.

In money news, you can expect to start paying 50 cents more for milk soon. The price hike is due to a combination of factors, including smaller herds and higher feed prices.

In sports, Tiger Woods goes from the green jackets in Augusta, Georgia to the Green Berets in Fort Bragg, North Carolina. He is getting a feel for how special ops do their thing. In culture, and the winner is Miss Missouri. Twenty-five-year old Shandi Finnessey is the new Miss USA. We're going to show you her picture a little later.

Now to Chad.

MYERS: Carol, good morning.

Rain now moving away from New York City, heavy rain moving into Long Island, though, especially the eastern tip. And you can see all that rain in Massachusetts, Vermont and New Hampshire. More rain farther south than that as well into parts of the Tennessee Valley and the mid-Atlantic. Some of those showers yesterday were very heavy. Even had watches in the overnight hours.

And one spot we still have a tornado watch is south Florida. Very big cells heading into Key West this morning and also into just north of Key Largo. Looks like Due (ph) Fish Creek Bridge getting some very heavy rain there along the Intercoastal Waterway.

More on that coming up.

COSTELLO: Thank you, Chad.

Those are the latest headlines for you.

An important decision it is expected today in the Jayson Williams manslaughter trial. A judge may decide to dismiss all charges against the former basketball star. At issue is a defense claim that prosecutors deliberately withheld key evidence in the case.

CNN's Adaora Udoji has more for you.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Why did you change the report

UNIDENTIFIED FEMALE: Judge, I disagree.

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): With the jury still on hold the prosecution and defense clashed repeatedly as lawyers for Jayson Williams fought to have aggravated manslaughter charges against the former NBA star dropped. Defense lawyers vigorously questioned a prosecution weapons expert whose notes about the shotgun involved in the death of Gus Christofi were not turned over until two weeks ago by lead prosecutor Steve Lember. The defense honed in on changes the expert made to his draft report months ago after talking to the prosecutor.

UNIDENTIFIED MALE: Sir, didn't you tell us that you thought that was a substantive change?

UNIDENTIFIED MALE: No, I don't think so.

UDOJI: All of this relates to what made the gunfire. Prosecutors accuse Williams of recklessly shooting at a limousine driver two years ago. The defense says the gun accidentally misfired. They accuse prosecutors of intentionally withholding the evidence to deny Williams a fair trial.

BILLY MARTIN, DEFENSE ATTORNEY: This discovery violation, your honor, we believe is part and parcel of a continuing pattern of conduct.

UDOJI: Prosecutors vehemently argued the late turnover was unintentional. That the defense has an ulterior motive.

KATHERINE ERRIKSON, PROSECUTOR: The defense wants the death of Gus Christofi to go unjudged because they don't like how Steve Lember handled this case.

UDOJI: At the end of nearly six hours the judge requested more time to review the record before making a decision. Which he said would come on Tuesday. Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

COSTELLO: The signs of spring, sunshine, blooming flowers and allergies. Just ahead, three ways you can avoid the wheezing, watery eyes and sniffles.

Plus, don't sleep if there's a tap flowing. What? That is the message a beer company is trying to send New York Mayor Michael Bloomberg. We'll explain when DAYBREAK returns.

(COMMERCIAL BREAK)

COSTELLO: 5:50 Eastern Time. Welcome back to DAYBREAK.

They are calling it a command failure. An Iraqi army battalion refused to take up arms for the battle for Fallujah. That failure will now delay the homecoming of thousands of American soldiers.

Our senior Pentagon correspondent Jamie McIntyre has more for you.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT (voice-over): When the new Iraqi Army's 2nd Battalion finished its training in January, it was hailed by U.S. commanders as having proud and dedicated soldiers but last week that same Iraqi unit, having just taken casualties after an attack from fellow Iraqis, balked at being sent to join Marines fighting in Fallujah. Frustrated U.S. commanders blame it on a failure of Iraqi command.

LT. GEN. RICARDO SANCHEZ, U.S. GROUND FORCES COMMANDER: Clearly what we faced here in the last week to ten days is a challenge that we've got to confront directly.

MCINTYRE: The breakdown follows another failure of Iraqi police to resist when militia loyal to the anti-U.S. cleric Muqtada al-Sadr seized control of police stations in the Sadr City section of Baghdad. GEN. JOHN ABIZAID, U.S. CENTRAL COMMANDER: A number of units, both in the police and also in the ICDC, did not stand up to the intimidators of the forces of Sadr's militia and that was a great disappointment to us.

MCINTYRE: Military officials say the reluctance of some Iraqi soldiers to fight fellow Iraqis is partly based on plain old fear. The U.S. intends to stiffen their determination by adding more American Special Forces to their ranks and replacing weak Iraqi commanders.

But the wavering resolve could also be a reflection of what appears to be growing sympathy for the insurgents by ordinary Iraqis, which the U.S. military blames on Arab TV coverage by Al-Jazeera and Al Aribiya, which it argues overemphasizes civilian suffering.

(END VIDEOTAPE)

The top U.S. commander says he now needs 10,000 more troops. And Pentagon sources say that requirement will be filled by soldiers from the 1st Armored Division who were planning to leave for home.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

COSTELLO: And now to our regular feature at this time, 'Health Headlines.' We have them for you this morning.

Expecting mothers will be glad to hear this, a new study finds a little bit of ginger may relieve the nausea and vomiting associated with morning sickness. However, researchers caution ginger is not a cure.

Some unsettling news for the nation's 77 million baby boomers, "USA Today" is reporting several studies due out today will show a growing number will become blind or experience vision loss as they age. The paper says to expect an increase of more than two million people by the year 2020.

And you hear a lot about fast food, now the slow food movement is catching on. It's an international movement that's trying to entice people to slow down, enjoy home cooked meals made from scratch and recipes using all natural foods grown by local farmers.

I just wish someone would come to my house and fix those meals from scratch.

MYERS: Sure. Right.

COSTELLO: I don't have to tell you, Chad, many of you out there too, you are suffering big time through allergy season this year.

Our Dr. Sanjay Gupta has some tips that could give you some relief.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice over): Spring is here. And with it comes...

UNIDENTIFIED FEMALE: Stuffy nose. Runny nose. Sometimes sneezing, itchy eyes, red eyes.

GUPTA: And 30 percent of people with allergies only suffer in the spring.

UNIDENTIFIED MALE: Usually just that miserable watering eyes. You just feel miserable. Sinus problems real bad.

GUPTA: The trigger for that misery, pollen. And this time of year, mostly from trees and grass.

If you are allergic to these tiny particles, your body will view them as invaders and your cells release histamines, which rev up your system to expel the pollen by coughing, sneezing and watering eyes.

DR. DAVID TANNER, ALLERGIST: One thing that is often not emphasized is the fact people actually feel bad with allergies. They have a lack of energy. They feel ill. They don't feel well. I liken it to having a low-grade cold, but it keeps going and going and going.

GUPTA: There are steps you can take to stay allergy-free this season. The number one way is to stay indoors. If you can't resist a spring fling, try these tips.

Stay inside when the pollen count is at its highest. Keep those windows up, no drive with the top down. And shower after spending time outside. Pollen can collect on your skin and hair.

Over-the-counter medications are another option, but can have side effects.

DR. ANN MARIE GORDON, WASHINGTON HOSPITAL CENTER: The problem with over-the-counter formulas is that they are -- they've got one major side effect and that's sedation.

GUPTA: If you are still sniveling and sneezing, head to the doctor's office. They can give you non-drowsy formulas, and if necessary, allergy shots. Finding what works for you is the most important thing. Because although tree and grass pollen are starting to kick up now, this summer will bring its own set of allergens.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

COSTELLO: But we had blessed rain in Atlanta,...

MYERS: A lot of rain.

COSTELLO: ... and that washed much of the pollen away. MYERS: All the way up the East Coast. It's raining now in Boston, New Hampshire, Vermont, all those places, down in Virginia. They had so much pollen in the air, now that pollen is getting washed out, at least a little.

COSTELLO: And now people are complaining about all the rain.

MYERS: They have to have something to complain about.

COSTELLO: Let's talk about a big advertising campaign in New York City right now. You know there's a new law passed in New York...

MYERS: Of course.

COSTELLO: ... that you can't smoke in bars?

MYERS: Yes.

COSTELLO: That has made a certain segment of the population very angry, and not just smokers. In fact, New York's Rheingold Beer Company...

MYERS: Right.

COSTELLO: ... is putting commercials on television. I believe we have one. Can we show people a part of one?

MYERS: Good.

COSTELLO: Each spot features a different law enforcement issue. This one we're going to show you, the anti-smoking ban. The ad depicts hipsters walking into a bar with ashtrays in their pockets that they place on the bar before ordering a Rheingold beer. We'll see if it works, but I don't think it will.

MYERS: You know I do like the fact that there is no smoking in restaurants. It kind of makes your food taste better. But if you go to...

COSTELLO: That's because you are a non-smoker.

MYERS: If you go to a bar, I mean you just kind of expect there to be smoke there, don't you? I don't know or else don't go.

COSTELLO: Actually, I am glad, too, but then again, I'm a non- smoker.

MYERS: Me too.

COSTELLO: We're going to take a short break. We'll be back with much more on DAYBREAK. You stay right there.

(COMMERCIAL BREAK)

COSTELLO: An aide to the Shiite cleric who is believed to be behind much of the violence against U.S. forces has now been detained in Baghdad.

It is Tuesday, April 13. This is DAYBREAK.

Good morning to you from the CNN Global Headquarters in Atlanta, I'm Carol Costello.

We're going to take you live to Baghdad in just a minute, but first, the latest headlines now.

Some of the biggest names in U.S. law enforcement past and present face tough questions from the 9/11 Commission today. The panel wants to know why the FBI was unable to detect the 9/11 plot.

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 April 13, 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: U.S. troops make a major score in Iraq. They have now detained a top aide to anti-coalition cleric Muqtada al-Sadr. Of course that cleric is behind the surge of Shiite violence in Iraq.
Good morning, welcome to the second half-hour of DAYBREAK. It is Tuesday, April 13. From the CNN Global Headquarters in Atlanta, I'm Carol Costello.

Let me bring you up to date now.

At least two Marines are dead following an attack by Iraqi insurgents in Fallujah. A building housing the Marines was hit by a rocket and small arms fire. Eight other Marines were wounded in the exchange.

Testimony at the 9/11 Commission hearings today will center on the intelligence agencies and law enforcement. Attorney General John Ashcroft and former FBI director Louis Freeh are among those expected to testify today.

Just about an hour ago, Vice President Dick Cheney arrived in China for some high-level meetings. He will meet with China's president to discuss the situations in Iraq, North Korea and Taiwan.

Pharmaceutical giant Pfizer is suing an Internet drug provider it says is selling an unapproved version of the drug Lipitor. Lipitor is a cholesterol-reducing drug with annual sales of more than $10 billion. Pfizer is claiming patent and trademark violations.

Now to Chad for a first look, actually a second look, at the forecast.

Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

(WEATHER FORECAST)

COSTELLO: Now to the fight for Iraq. At least 27 foreign nationals are missing or being held hostage right now in Iraq, including 9 Americans. That tops our 'Situation Report.'

The latest kidnapping took place in Baghdad. Gunmen seized three Russian and five Ukrainian contractors from their residents. In the meantime, seven Chinese hostages are now safe. They were freed by their kidnappers after being held for one day. The U.S. commander in Iraq says he needs 10,000 more U.S. troops to help fight the insurgency. That means troops scheduled to come home will have to stay a while longer.

New this morning, want to talk more about this. U.S. troops detained an aide to an anti-American cleric in Iraq today. It comes amidst a mounting casualty toll among U.S. troops.

Let's head live to Baghdad and CNN Baghdad bureau chief Jane Arraf for more.

Hello -- Jane.

JANE ARRAF, CNN BAGHDAD BUREAU CHIEF: Hi, Carol.

U.S. soldiers took away Hazem al-Araji who is the head of the Sadr office in Fasamia (ph). Fasamia is the neighborhood that's the site of some of the holiest shrines in Shi'a Islam.

Now Araji had come here for a meeting with local sheikhs. He was arrested shortly after -- detained, rather, taken away by U.S. forces in an armored vehicle. They say they have no word yet on whether there has been a warrant issued for his arrest or whether he is simply being held for questioning. But they have made clear that they have declared forces loyal to radical Shi'a leader Muqtada al-Sadr hostile to the coalition and they are willing to arrest almost everyone.

Now as you mentioned, two Marines killed and eight wounded in a firefight Monday night in the town of Fallujah west of Baghdad where a cease-fire still seems to be holding, but there is sporadic fighting.

And south of here in Najaf, where Muqtada al-Sadr remains and remains in control of the city, the U.S. continuing to build up forces. Reports that one soldier was killed when a convoy heading to Najaf was attacked. We are trying to confirm that -- Carol.

COSTELLO: Jane Arraf live from Baghdad this morning.

We want to talk more about al-Sadr and this aide that coalition forces has detained.

Our senior international editor David Clinch is here to tell us more.

DAVID CLINCH, CNN SENIOR INTERNATIONAL EDITOR: Yes, good morning, Carol.

Very delicate situation both in terms of the story and (AUDIO GAP). So the detention of another top aide certainly plays into that question of what al-Sadr will do, how he will react to this.

And all of this, of course, coming at a point where within the last 24, 48 hours he has actually withdrawn some of his militants from the streets in Shiite towns. Not made any promises about disbanding, which is what the U.S. wants him to do, not handed himself into arrest, but clearly there is a delicate balance going on here. He has made some signs of pulling back, but now his aide detained. We'll have to watch this story closely.

COSTELLO: This aide being detained, some things are rather strange. The aide was walking around freely. He was talking to Italian journalists and then he walked out of the hotel...

CLINCH: Right.

COSTELLO: ... and coalition forces detained him. So he wasn't exactly in hiding?

CLINCH: Right, not as far as we can see. I mean these are the types of people, his aides, who were coming and going talking to journalists on a regular basis in Baghdad and elsewhere before this most recent violence. So to see them coming into hotels and talking to journalists would not have been unusual. But the fact that the U.S. went and moved in to, again, at this point, detain and question him, we're not sure how far they are going to push it.

COSTELLO: Well or we're not sure how powerful this aide really is, are we?

CLINCH: Well, perhaps not, but any aide of al-Sadr's, obviously, is something that we have to pay attention to. And again, the difficulty in terms of covering this, you know inflaming the situation by reporting that he has been arrested or detained, could be very difficult. We simply don't know exactly what's happening with him right now. We're going to have to watch very closely.

In the same sense in Fallujah, we have some eyes in there with a full crew in Fallujah. There are others who have eyes in Fallujah. The line between a cease-fire holding and violence continuing and Marines being killed is a very thin one. Both those -- both of those things are happening in one degree or another.

So it's a very delicate, interesting dynamic on both of these fronts, both the Shiite front and the Sunni front, and a very dangerous one for reporters, too, because at any moment quiet can turn into violence. And wherever we are, we have to be on the lookout for that at every moment.

COSTELLO: And it's still a pool situation in Fallujah, none of our correspondents are being moved from Baghdad to there because it's too dangerous.

CLINCH: That's correct. Of course the pool has it's own dangers. You are with the Marines who, as we have been saying, while still carrying out what they are calling a no -- they will not fire until they are fired upon. Well when they are fired upon, if we are with them, we get fired upon, too. It's a very dangerous situation.

COSTELLO: David Clinch, many thanks to you.

CLINCH: OK.

COSTELLO: Former and current Justice Department and intelligence officials plan to offer a spirited defense of their actions leading up to the terrorist attacks of 9/11. Among those testifying before the 9/11 Commission are Louis Freeh who was FBI director from September 1993 until June 2001, Cofer Black who headed the CIA's Counterterrorism Center between 1999 and 2002 and Attorney General John Ashcroft.

By now we all know about that presidential daily briefing of August 6, 2001. But what about the senior executive intelligence brief sent out a day later? There is criticism about omissions in that document which went to senior government policymakers. According to The Associate Press, the second memo did not mention the 70 FBI investigations into al Qaeda activities, nor the May 2001 threat of a U.S.-based attack, nor the FBI concerns over surveillance of New York buildings. Bush administration officials say memos to senior executives typically don't include the sensitive information found in the president's briefings.

CNN's live coverage of today's 9/11 Commission hearing begins at 9:00 a.m. Eastern. And President Bush will hold a prime time news conference tonight to update the situation on Iraq and lay out future plans there. We'll have it for you live at 8:30 p.m. Eastern.

As the nation gears up for another round of testimony before the 9/11 Commission, tell us what you think. Send us your e-mails. The address is DAYBREAK@CNN.com.

Will basketball star Jayson Williams have manslaughter charges dropped against him later today? A judge will decide if prosecutors failed to play by the rules. That story ahead.

And in the next hour, two sets of twin sisters in the same unit sent to Iraq, their stories of death and survival ahead.

This is DAYBREAK for April 13.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports. It is 5:43 Eastern Time. Here is what's all new this morning.

The U.S. military has detained a top aide to radical Shiite leader Muqtada al-Sadr. He was taken into custody while attending a meeting of tribal leaders.

Another big day at the 9/11 hearings, ex-FBI Chief Louis Freeh, Attorney General John Ashcroft and his predecessor Janet Reno will take turns in the hot seat today. And when we say hot, we mean hot. The questioning could be very pointed indeed.

In money news, you can expect to start paying 50 cents more for milk soon. The price hike is due to a combination of factors, including smaller herds and higher feed prices.

In sports, Tiger Woods goes from the green jackets in Augusta, Georgia to the Green Berets in Fort Bragg, North Carolina. He is getting a feel for how special ops do their thing. In culture, and the winner is Miss Missouri. Twenty-five-year old Shandi Finnessey is the new Miss USA. We're going to show you her picture a little later.

Now to Chad.

MYERS: Carol, good morning.

Rain now moving away from New York City, heavy rain moving into Long Island, though, especially the eastern tip. And you can see all that rain in Massachusetts, Vermont and New Hampshire. More rain farther south than that as well into parts of the Tennessee Valley and the mid-Atlantic. Some of those showers yesterday were very heavy. Even had watches in the overnight hours.

And one spot we still have a tornado watch is south Florida. Very big cells heading into Key West this morning and also into just north of Key Largo. Looks like Due (ph) Fish Creek Bridge getting some very heavy rain there along the Intercoastal Waterway.

More on that coming up.

COSTELLO: Thank you, Chad.

Those are the latest headlines for you.

An important decision it is expected today in the Jayson Williams manslaughter trial. A judge may decide to dismiss all charges against the former basketball star. At issue is a defense claim that prosecutors deliberately withheld key evidence in the case.

CNN's Adaora Udoji has more for you.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Why did you change the report

UNIDENTIFIED FEMALE: Judge, I disagree.

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): With the jury still on hold the prosecution and defense clashed repeatedly as lawyers for Jayson Williams fought to have aggravated manslaughter charges against the former NBA star dropped. Defense lawyers vigorously questioned a prosecution weapons expert whose notes about the shotgun involved in the death of Gus Christofi were not turned over until two weeks ago by lead prosecutor Steve Lember. The defense honed in on changes the expert made to his draft report months ago after talking to the prosecutor.

UNIDENTIFIED MALE: Sir, didn't you tell us that you thought that was a substantive change?

UNIDENTIFIED MALE: No, I don't think so.

UDOJI: All of this relates to what made the gunfire. Prosecutors accuse Williams of recklessly shooting at a limousine driver two years ago. The defense says the gun accidentally misfired. They accuse prosecutors of intentionally withholding the evidence to deny Williams a fair trial.

BILLY MARTIN, DEFENSE ATTORNEY: This discovery violation, your honor, we believe is part and parcel of a continuing pattern of conduct.

UDOJI: Prosecutors vehemently argued the late turnover was unintentional. That the defense has an ulterior motive.

KATHERINE ERRIKSON, PROSECUTOR: The defense wants the death of Gus Christofi to go unjudged because they don't like how Steve Lember handled this case.

UDOJI: At the end of nearly six hours the judge requested more time to review the record before making a decision. Which he said would come on Tuesday. Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

COSTELLO: The signs of spring, sunshine, blooming flowers and allergies. Just ahead, three ways you can avoid the wheezing, watery eyes and sniffles.

Plus, don't sleep if there's a tap flowing. What? That is the message a beer company is trying to send New York Mayor Michael Bloomberg. We'll explain when DAYBREAK returns.

(COMMERCIAL BREAK)

COSTELLO: 5:50 Eastern Time. Welcome back to DAYBREAK.

They are calling it a command failure. An Iraqi army battalion refused to take up arms for the battle for Fallujah. That failure will now delay the homecoming of thousands of American soldiers.

Our senior Pentagon correspondent Jamie McIntyre has more for you.

(BEGIN VIDEOTAPE)

JAMIE MCINTYRE, CNN SR. PENTAGON CORRESPONDENT (voice-over): When the new Iraqi Army's 2nd Battalion finished its training in January, it was hailed by U.S. commanders as having proud and dedicated soldiers but last week that same Iraqi unit, having just taken casualties after an attack from fellow Iraqis, balked at being sent to join Marines fighting in Fallujah. Frustrated U.S. commanders blame it on a failure of Iraqi command.

LT. GEN. RICARDO SANCHEZ, U.S. GROUND FORCES COMMANDER: Clearly what we faced here in the last week to ten days is a challenge that we've got to confront directly.

MCINTYRE: The breakdown follows another failure of Iraqi police to resist when militia loyal to the anti-U.S. cleric Muqtada al-Sadr seized control of police stations in the Sadr City section of Baghdad. GEN. JOHN ABIZAID, U.S. CENTRAL COMMANDER: A number of units, both in the police and also in the ICDC, did not stand up to the intimidators of the forces of Sadr's militia and that was a great disappointment to us.

MCINTYRE: Military officials say the reluctance of some Iraqi soldiers to fight fellow Iraqis is partly based on plain old fear. The U.S. intends to stiffen their determination by adding more American Special Forces to their ranks and replacing weak Iraqi commanders.

But the wavering resolve could also be a reflection of what appears to be growing sympathy for the insurgents by ordinary Iraqis, which the U.S. military blames on Arab TV coverage by Al-Jazeera and Al Aribiya, which it argues overemphasizes civilian suffering.

(END VIDEOTAPE)

The top U.S. commander says he now needs 10,000 more troops. And Pentagon sources say that requirement will be filled by soldiers from the 1st Armored Division who were planning to leave for home.

Jamie McIntyre, CNN, the Pentagon.

(END VIDEOTAPE)

COSTELLO: And now to our regular feature at this time, 'Health Headlines.' We have them for you this morning.

Expecting mothers will be glad to hear this, a new study finds a little bit of ginger may relieve the nausea and vomiting associated with morning sickness. However, researchers caution ginger is not a cure.

Some unsettling news for the nation's 77 million baby boomers, "USA Today" is reporting several studies due out today will show a growing number will become blind or experience vision loss as they age. The paper says to expect an increase of more than two million people by the year 2020.

And you hear a lot about fast food, now the slow food movement is catching on. It's an international movement that's trying to entice people to slow down, enjoy home cooked meals made from scratch and recipes using all natural foods grown by local farmers.

I just wish someone would come to my house and fix those meals from scratch.

MYERS: Sure. Right.

COSTELLO: I don't have to tell you, Chad, many of you out there too, you are suffering big time through allergy season this year.

Our Dr. Sanjay Gupta has some tips that could give you some relief.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT (voice over): Spring is here. And with it comes...

UNIDENTIFIED FEMALE: Stuffy nose. Runny nose. Sometimes sneezing, itchy eyes, red eyes.

GUPTA: And 30 percent of people with allergies only suffer in the spring.

UNIDENTIFIED MALE: Usually just that miserable watering eyes. You just feel miserable. Sinus problems real bad.

GUPTA: The trigger for that misery, pollen. And this time of year, mostly from trees and grass.

If you are allergic to these tiny particles, your body will view them as invaders and your cells release histamines, which rev up your system to expel the pollen by coughing, sneezing and watering eyes.

DR. DAVID TANNER, ALLERGIST: One thing that is often not emphasized is the fact people actually feel bad with allergies. They have a lack of energy. They feel ill. They don't feel well. I liken it to having a low-grade cold, but it keeps going and going and going.

GUPTA: There are steps you can take to stay allergy-free this season. The number one way is to stay indoors. If you can't resist a spring fling, try these tips.

Stay inside when the pollen count is at its highest. Keep those windows up, no drive with the top down. And shower after spending time outside. Pollen can collect on your skin and hair.

Over-the-counter medications are another option, but can have side effects.

DR. ANN MARIE GORDON, WASHINGTON HOSPITAL CENTER: The problem with over-the-counter formulas is that they are -- they've got one major side effect and that's sedation.

GUPTA: If you are still sniveling and sneezing, head to the doctor's office. They can give you non-drowsy formulas, and if necessary, allergy shots. Finding what works for you is the most important thing. Because although tree and grass pollen are starting to kick up now, this summer will bring its own set of allergens.

Dr. Sanjay Gupta, CNN, Atlanta.

(END VIDEOTAPE)

COSTELLO: But we had blessed rain in Atlanta,...

MYERS: A lot of rain.

COSTELLO: ... and that washed much of the pollen away. MYERS: All the way up the East Coast. It's raining now in Boston, New Hampshire, Vermont, all those places, down in Virginia. They had so much pollen in the air, now that pollen is getting washed out, at least a little.

COSTELLO: And now people are complaining about all the rain.

MYERS: They have to have something to complain about.

COSTELLO: Let's talk about a big advertising campaign in New York City right now. You know there's a new law passed in New York...

MYERS: Of course.

COSTELLO: ... that you can't smoke in bars?

MYERS: Yes.

COSTELLO: That has made a certain segment of the population very angry, and not just smokers. In fact, New York's Rheingold Beer Company...

MYERS: Right.

COSTELLO: ... is putting commercials on television. I believe we have one. Can we show people a part of one?

MYERS: Good.

COSTELLO: Each spot features a different law enforcement issue. This one we're going to show you, the anti-smoking ban. The ad depicts hipsters walking into a bar with ashtrays in their pockets that they place on the bar before ordering a Rheingold beer. We'll see if it works, but I don't think it will.

MYERS: You know I do like the fact that there is no smoking in restaurants. It kind of makes your food taste better. But if you go to...

COSTELLO: That's because you are a non-smoker.

MYERS: If you go to a bar, I mean you just kind of expect there to be smoke there, don't you? I don't know or else don't go.

COSTELLO: Actually, I am glad, too, but then again, I'm a non- smoker.

MYERS: Me too.

COSTELLO: We're going to take a short break. We'll be back with much more on DAYBREAK. You stay right there.

(COMMERCIAL BREAK)

COSTELLO: An aide to the Shiite cleric who is believed to be behind much of the violence against U.S. forces has now been detained in Baghdad.

It is Tuesday, April 13. This is DAYBREAK.

Good morning to you from the CNN Global Headquarters in Atlanta, I'm Carol Costello.

We're going to take you live to Baghdad in just a minute, but first, the latest headlines now.

Some of the biggest names in U.S. law enforcement past and present face tough questions from the 9/11 Commission today. The panel wants to know why the FBI was unable to detect the 9/11 plot.

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