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Senate Armed Services Committee Continues Hearings Tomorrow on Iraqi Prisoner Treatment

Aired May 10, 2004 - 10:30   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.


DARYN KAGAN, CNN ANCHOR: I'm Daryn Kagan. Let's take a look at the top stories "At This Hour."
An attorney for U.S. Army Private Lynndie England says photographs of apparent abuse featuring her are not as they appear. The attorney says the images were staged by intelligence officials and the 21-year-old England simply she stood where she was told.

President Bush will deliver remarks to the Pentagon in the next hour. Expected among them, a repeated show of support for embattled Defense Secretary Donald Rumsfeld. Mr. Bush's visit was scheduled before the emergence last week of photographs showing the apparent abuse of Iraqi prisoners at a U.S. military prison near Baghdad.

Rumsfeld's British counterpart, Defense Secretary (sic) Jeff Hoon, faces Parliament this hour. He's expected to make a statement on the scandal. his appearance comes as new photographs hit British newspapers.

Yesterday, Prime Minister Tony Blair issued an apology for any British soldiers who took part in mistreating soldiers.

Italian authorities say they've arrested five terror suspects in Florence. All are accused of recruiting suicide bombers to carry out attacks in Iraq. The year-long operation was dubbed "Operation Shaid," the Arabic word for "martyr."

The Iraqi prisoner treatment issue resurfaces on Capitol Hill tomorrow. The Senate Armed Services Committee continues its series of hearings on the matter. And the committee's chairman says that Pentagon investigators will give lawmakers a first look at even more photos that have not been seen publicly. Joe Johns has more live from Capitol Hill this morning. Joe, good morning.

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Daryn. Apparently the witness list for that hearing scheduled for tomorrow is still a work-in-progress. We are told that there a number of people the committee would like to get. Those people include Air Force Lieutenant General Lance Smith, the deputy commander of Centcom. Also the Undersecretary for Intelligence Steve Cambone, and General William Boykin who is the chief military intelligence at the Pentagon.

There's also a big push right now to try to get as much of those unseen photos and videos into public circulation. The concern among a number of members on the committee is that if the trickle continues of one picture here and one picture there, it will cause more and more political damage.

CNN has been told that the Pentagon has tentatively agreed to at least provide one of the videos, along with several hundred of the pictures. However, we're also told the Pentagon right now is pushing to provide all of that on a classified basis. Again, many senators pushing for it to be declassified so that they can get it out into the public.

The question, of course, how is all of this playing? There are some folks, including many Republicans, who say it's completely overblown, including Lawrence Eagleburger, a former secretary of state.

(BEGIN VIDEO CLIP)

LAWRENCE EAGLEBURGER, FORMER SECRETARY OF STATE: I think we have overdone this. We're panicking when we shouldn't. We should be clear that we're not ever going to let it happen again. and if it's going to cause us some difficulties in the Arab world, which I'm sure it will, we're going to have to live with that.

But I think we've got to stop this nonsense of crying over this thing to the point where we look like we're absurd.

(END VIDEO CLIP)

JOHNS: Other people, of course, are worried about the fate of the Defense Secretary Donald Rumsfeld. A number of people saying it's just not clear which way this thing should go. Among them, Senator Chuck Hagel of Nebraska. He's not so sure what the end result should be.

Daryn, back to you.

KAGAN: Joe, it seems like a lot of the frustration with this comes from Congress' frustration in being kept in the dark by the Pentagon. What about improving relations between those two bodies?

JOHNS: Clearly that is one of the biggest problems. A number of senators said they were quite surprised by all of this. Surprising that Congress is not a good thing right during a time of war, of course.

The end result, a lot of people hope, is that they will be able to create some better procedures and make it clear to the Pentagon that they need timely information, particularly when it can affect international affairs and the view of the U.S. military here at home -- Daryn.

KAGAN: Joe Johns, on Capitol Hill. Joe, thank you.

Meanwhile, the first court-martial in the prisoner abuse case is set to begin next week in Baghdad. The soldier is U.S. Arm Specialist Jeremy Sivits who, according to his family, was trained as a truck mechanic and not as a prison guard. CNN's Alina Cho traveled to his hometown in southwestern Pennsylvania to gauge reaction there. (BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): Mike Fleagle says he stands behind Specialist Jeremy Sivits 100 percent.

MIKE FLEAGLE, NEIGHBOR: Bring him home. Let's pin a medal on him and have a parade. They drug our kids through the streets, behind jeeps. They burn them. They hung them from a bridge. And why are we held higher standards than they are? We're at war.

CHO: Daughter Heather went to the prom with him. She says Sivits was so proud of being a soldier, he wore his uniform to the dance.

HEATHER FLEAGLE, DAUGHTER: And he told me ahead of time that he was going to wear his uniform.

CHO: And you said?

H. FLEAGLE: I said that was fine with me.

CHO: Because?

H. FLEAGLE: Because all guys look good in uniforms.

CHO: This small Pennsylvania town openly shows its support for the troops, with most of the support these days going to Jeremy Sivits. Sivits will stand trial in Baghdad on May 19. A world away...

M. FLEAGLE: The boy's a good boy.

CHO (on camera): Both Sivits mother and father told CNN commenting on the case right now would only hurt their son. The community says it could do without all of this attention and says the prison scandal in Iraq is hitting a bit too close to home.

Alina Cho, CNN, southwestern Pennsylvania.

(END VIDEOTAPE)

KAGAN: The campaign trail winds its way to Pennsylvania's Edinboro University today. That's where John Kerry kicks off a four- day focus on health care costs. A Kerry campaign staff study say that premiums have risen more than $2,700 per family in the past four years. Kerry wants to repel the Bush tax cut effecting the wealthiest Americans and use those savings on health care.

A Bush campaign spokesman says that John Kerry's health care solution is to, quote, "raise taxes and add burdensome new government programs." The Bush campaign criticizes Kerry for opposing the president's propose cap on medical malpractice lawsuits. The president returns to the campaign trail later this week.

And here's a story of high interest for anyone planning to buy a house or a car. The cost of using someone else's money is about to go even higher. Federal policy makers could raise interest rates as early as next month and that bottom line will affect more than just the borrowers. Our financial news reporter Kathleen Hayes has that story.

(BEGIN VIDEO CLIP)

(BEGIN VIDEOTAPE)

KATHLEEN HAYS, CNNfn CORRESPONDENT (voice-over): The Federal Reserve put the world on notice this week -- it's getting ready to raise interest rates to fight inflation. So don't just sit there, do something. Because soon any kind of credit is going to get more expensive, starting with the mortgage on your home.

ANTHONY CHAN, BANKONE: I think the last two employment reports should be a wake up call to anyone that is thinking of buying a house or refinancing. Long-term interest rates, they're not going down. In fact, they're probably going to continue to inch higher from here. So if you're thinking about refinancing, yesterday was the day to do it. If you didn't do it yesterday, then today is the day to do it.

HAYS: As of last week, average 30 year mortgage rates had already topped six percent. And if the Federal Reserve starts raising interest rates in late June, mortgage rates could hit seven percent or higher by next year. That means higher monthly mortgage payments that could price some buyers out of the market.

But even if you can still afford a new house in the suburbs, you may not be able to afford that shiny new car to make the commute every day. Did you think those rich incentives and zero percent financing rates were going to last forever?

JARED BERNSTEIN, ECONOMIC POLICY INSTITUTE: All that will fade. I just think that those were all the very aggressive measures taken by the Fed and by sectors throughout the financial markets to try to stimulate what was a pretty weak economy from the perspective of demand.

HAYS (on camera): And investors, don't forget to take a look at the stocks and mutual funds in your 401(k). If interest rates rise, interest sensitive cyclical stocks like banks and home builders will take a back seat to defensive sectors like household products and drugs.

Kathleen Hays, CNN Financial News, New York.

(END VIDEOTAPE)

KAGAN: Defensive maneuvers in the case against Kobe Bryant. We will examine the strategy this week by the attorneys representing the NBA star.

And another plea from the defense in the Scott Peterson case. The latest in his double murder trial is straight ahead.

(COMMERCIAL BREAK) KAGAN: This just in: nearly a half century after the brutal killing of an African-American teenager, the Justice Department is reopening that case. Associated Press reports details that are expected shortly on the renewed investigation of the Emmitt Till killing, concerned an early catalyst for the civil rights movement.

Till was abducted from his uncle's Mississippi home back in 1955. His mutilated body was found three days later in a river. Two white men were charged with murder and acquitted by an all-white jury. Both men have since died.

On to the Kobe Bryant case. It is a step closer to trial this week. A three-day hearing starting this hour will include a formal plea by the player. After that, Colorado law calls for the trial to start within six months.

Harvey Levin, executive producer of "Celebrity Justice," is here to go over the facts with us.

Good morning, Harvey.

I got to say all these hearings are starting to blur together for me in Eagle, Colorado, but they've all been significant, but this one particularly important.

HARVEY LEVIN, EXEC. PROD., "CELEBRITY JUSTICE": Yes, I think we're bringing it in for a landing, or at least the judges this time, Daryn. A couple of things will happen. No. 1, Kobe Bryant will officially plead, probably Wednesday at the end of this three-day hearing, plead not guilty to the alleged rape.

And, in addition, the judge should rule on two critical, critical issues in this case. Kobe Bryant and his lawyers want this woman's sexual history and medical conditions fair game. They say it tends to prove his innocence. They want to prove, for example, that she has a tendency to bleed during sex, that they say would be relevant to bring out, and they want that out in the worst way.

On the other side, the prosecutors want a police tape that was recorded secretly in Kobe Bryant's hotel room, where Bryant talks about it. They want that admitted. The defense says that is not fair game. Kobe was being held against his will, in fact, and he was not given his Miranda Rights.

KAGAN: For one day at least, we will see a camera in the courtroom?

LEVIN: We will see it for the plea. Again, it's not going to be spectacular, Daryn; it's going to be Kobe Bryant pleading not guilty, but you know, it's his statement of the case, and to that extent, he goes on the record.

KAGAN: And this kind of starts the clock ticking, right, under Colorado state law, we would have to see a trial within six months?

LEVIN: Yes, I mean, my guess is the trial is going to happen this summer. Interesting aside in this case, we talked to a sports psychologist specifically about this case, because this guy is bouncing back and forth between the playoffs and between the court. And it's really interesting, but in a situation like this, where somebody's life is in such chaos on one side, it actually helps them on the court, because it gives them a focus, and Kobe Bryant's focus has been better playing basketball this season, ironically, than in a long time.

KAGAN: Well, the Lakers not doing so great. They did win a game yesterday against the San Antonio Spurs, but game four is tomorrow in Los Angeles. This hearing is supposed to go for three days. How is that supposed to work?

LEVIN: Are you asking me as a short basketball player or as a lawyer?

KAGAN: Both, yes.

LEVIN: I can't comment on the game. But on the law, you know, this -- he has to be here for the hearing. The hearing is in first position. He can't say, look, your honor, I was a little bit late, I had a game last night. That will not go over well. This trial is in first position for the duration, no matter what for Kobe Bryant.

KAGAN: And remind us again exactly what is at stake if he's found guilty of these charges?

LEVIN: He's going to go to prison for a long, long time. I mean, Colorado is one of the worst places ever to be accused of this. Their laws are the most stringent. The sentencing guidelines are extremely harsh, so this is not a technical foul kind of place, if you will. This is a trial where if he's found guilty, Kobe Bryant's life will radically change for many years.

KAGAN: And what about the rest of us? How what happens in this trial could affect -- or at least the residence of Colorado, when you're looking at issues of whether this particular alleged victim, whether her sexual history is allowed in or whether the taped interview with police is allowed in? Are we just looking at a specific trial, or is this going to affect future trials and future alleged rape victims in Colorado?

LEVIN: Well, I think it will, Daryn. You know, the law has been considered so stringent before that you can't admit any of it. This is a different kind of case. And if the defense is able to prevail, what they're going to say is, look, we're not going to try and trash somebody for the sake of doing it, but if you can prove that the alleged victim had prior sexual encounters and an injury could have occurred through one of those, if you can prove she was unstable, perhaps made some suicide attempts or had problems with drugs and you can relate it to the case, and if the judge buys that, it has a -- it opens up that arena for other people in future cases to say, look, you allowed it in Kobe Bryant, I can show a similar case. So I think a lot is at stake, and this case will be meaningful for Colorado.

KAGAN: Harvey Levin, "Celebrity Justice." Harvey, thank you. LEVIN: My pleasure, Daryn.

KAGAN: Forty-five minutes past the hour.

Let's check some other stories across America. The double murder trial of Scott Peterson lurches ahead. Another 150 potential jurors will be summoned to court for questioning today, much of it about pretrial publicity. So far, 66 of a potential 1,000 candidates have been clear for the jury pool. Peterson is accused of killing his wife, Laci, and their unborn son.

Defense attorneys for Oklahoma City Bombing conspirator Terry Nichols try to raise more doubts today in a state murder trial that could send him to death row. Nichols' defense team has been presenting evidence that others helped bomber Timothy McVeigh carry out the 1995 bombing; 168 people died in attack.

Someone somewhere has a piece of paper worth $213 million. It is the winning ticket from Saturday's Powerball drawing. It was sold in, get this, Bucks County, Pennsylvania. How perfect is that? North of Philadelphia. When or if it's claimed, it will be the largest payout for a lottery ticket ever sold in the keystone state.

Caught in a box and sent packing. Straight ahead, the story of one FedEx feline who crossed state lines.

And here's what we're working for next hour.

Ahead on CNN, the most trusted name in news, the first U.S. soldier to face court-martial over the Iraqi prison abuse scandal. New developments at 11:00.

Plus, we're live at the Pentagon, as the president gets a report on Iraq.

And at noon, back to court, Kobe Bryant prepares for trial. We're live in Colorado.

Stay with CNN, your trusted connection for news.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

KATE BECKINSALE, ACTRESS: I don't need any help.

HUGH JACKMAN, ACTOR: Really?

(END VIDEO CLIP)

KAGAN: It's only the second week in may but the summer movie season is in full swing. "Van Helsing" opened at No. 1 at the box office this weekend. It raked in $54 million in the U.S. Almost as much as that overseas. The monster slaying movie will get competition later this week from "Troy" which stars Brad Pitt. But meanwhile, this is Hugh Jackman's day. The "Van Helsing" star is celebrating a Tony Award nomination as well. The nominations for the best of Broadway's (UNINTELLIGIBLE) were announced this morning. Hugh Jackman is named for best actor in a musical for his portrayal of entertainer Peter Allen in "The Boy From Oz." The musical "Wicked" earned the most nominations with 10.

Well if you have cats, you know they are stealthy creatures that can hide out for hours before popping back up again. Here's the story of one cat who couldn't pop up. He was (UNINTELLIGIBLE) inside of a box hundreds of miles away from home. Erin Cox with our affiliate WTNH reports on the feline FedEx foul-up.

(BEGIN VIDEOTAPE)

ERIN COX, WTNH CORRESPONDENT (voice-over): Juliana (ph) is looking for her cats, 12 in all, each one rescued.

UNIDENTIFIED FEMALE: Some of them may not so fortunate to find homes for and they end up staying here.

COX: This cat tale begins with Juliana packing a box, returning furniture. The cats were curious.

UNIDENTIFIED FEMALE: The cats decided that would be a fun place to play, being cats. And they're jumping in and out of the box.

COX: She thought the box was feline free.

UNIDENTIFIED FEMALE: Shut the box, looked around, saw Belle (ph), saw Squeak (ph) and sealed the box up.

COX: So FedEx takes the box from the front steps and with three black and white cats, it's 24 hours before Juliana realizes Pip (ph) is missing.

UNIDENTIFIED FEMALE: All of a sudden, it just hit me. Oh, my God, he's in the box!

COX: A frantic call to FedEx.

UNIDENTIFIED FEMALE: I sealed my cat up in the box and he has been FedExed. I spent a very nervous day and said a lot of prayers.

COX: The box carrying the cat is traced to Indianapolis.

UNIDENTIFIED FEMALE: Open the box and rescue Pip. Two days he was in the box. It was a big box, though.

COX (on camera): So once Pip is rescued from the box, FedEx can't just send it back. So the FedEx employee brings Pip to his Indianapolis home and then to a veterinarian so the cat has the right paper work to be put on a plane and flown to Providence, Rhode Island. Then Pip is picked up and driven back here to Ledger.

UNIDENTIFIED FEMALE: He's gotten around. He's been in more states than I have!

(END VIDEOTAPE)

KAGAN: That story came to us from Erin Cox with our affiliate WTNH. Juliana Louis stresses that this whole mess was an accident. FedEx does not allow nor does it have a license to ship live animals. Note to you at home.

If you love trying different foods while on vacation, stick around. We're going to whet your appetite with some of the best culinary vacation spots worldwide. Lunch is served straight ahead.

(COMMERCIAL BREAK)

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Aired May 10, 2004 - 10:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: I'm Daryn Kagan. Let's take a look at the top stories "At This Hour."
An attorney for U.S. Army Private Lynndie England says photographs of apparent abuse featuring her are not as they appear. The attorney says the images were staged by intelligence officials and the 21-year-old England simply she stood where she was told.

President Bush will deliver remarks to the Pentagon in the next hour. Expected among them, a repeated show of support for embattled Defense Secretary Donald Rumsfeld. Mr. Bush's visit was scheduled before the emergence last week of photographs showing the apparent abuse of Iraqi prisoners at a U.S. military prison near Baghdad.

Rumsfeld's British counterpart, Defense Secretary (sic) Jeff Hoon, faces Parliament this hour. He's expected to make a statement on the scandal. his appearance comes as new photographs hit British newspapers.

Yesterday, Prime Minister Tony Blair issued an apology for any British soldiers who took part in mistreating soldiers.

Italian authorities say they've arrested five terror suspects in Florence. All are accused of recruiting suicide bombers to carry out attacks in Iraq. The year-long operation was dubbed "Operation Shaid," the Arabic word for "martyr."

The Iraqi prisoner treatment issue resurfaces on Capitol Hill tomorrow. The Senate Armed Services Committee continues its series of hearings on the matter. And the committee's chairman says that Pentagon investigators will give lawmakers a first look at even more photos that have not been seen publicly. Joe Johns has more live from Capitol Hill this morning. Joe, good morning.

JOE JOHNS, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Daryn. Apparently the witness list for that hearing scheduled for tomorrow is still a work-in-progress. We are told that there a number of people the committee would like to get. Those people include Air Force Lieutenant General Lance Smith, the deputy commander of Centcom. Also the Undersecretary for Intelligence Steve Cambone, and General William Boykin who is the chief military intelligence at the Pentagon.

There's also a big push right now to try to get as much of those unseen photos and videos into public circulation. The concern among a number of members on the committee is that if the trickle continues of one picture here and one picture there, it will cause more and more political damage.

CNN has been told that the Pentagon has tentatively agreed to at least provide one of the videos, along with several hundred of the pictures. However, we're also told the Pentagon right now is pushing to provide all of that on a classified basis. Again, many senators pushing for it to be declassified so that they can get it out into the public.

The question, of course, how is all of this playing? There are some folks, including many Republicans, who say it's completely overblown, including Lawrence Eagleburger, a former secretary of state.

(BEGIN VIDEO CLIP)

LAWRENCE EAGLEBURGER, FORMER SECRETARY OF STATE: I think we have overdone this. We're panicking when we shouldn't. We should be clear that we're not ever going to let it happen again. and if it's going to cause us some difficulties in the Arab world, which I'm sure it will, we're going to have to live with that.

But I think we've got to stop this nonsense of crying over this thing to the point where we look like we're absurd.

(END VIDEO CLIP)

JOHNS: Other people, of course, are worried about the fate of the Defense Secretary Donald Rumsfeld. A number of people saying it's just not clear which way this thing should go. Among them, Senator Chuck Hagel of Nebraska. He's not so sure what the end result should be.

Daryn, back to you.

KAGAN: Joe, it seems like a lot of the frustration with this comes from Congress' frustration in being kept in the dark by the Pentagon. What about improving relations between those two bodies?

JOHNS: Clearly that is one of the biggest problems. A number of senators said they were quite surprised by all of this. Surprising that Congress is not a good thing right during a time of war, of course.

The end result, a lot of people hope, is that they will be able to create some better procedures and make it clear to the Pentagon that they need timely information, particularly when it can affect international affairs and the view of the U.S. military here at home -- Daryn.

KAGAN: Joe Johns, on Capitol Hill. Joe, thank you.

Meanwhile, the first court-martial in the prisoner abuse case is set to begin next week in Baghdad. The soldier is U.S. Arm Specialist Jeremy Sivits who, according to his family, was trained as a truck mechanic and not as a prison guard. CNN's Alina Cho traveled to his hometown in southwestern Pennsylvania to gauge reaction there. (BEGIN VIDEOTAPE)

ALINA CHO, CNN CORRESPONDENT (voice-over): Mike Fleagle says he stands behind Specialist Jeremy Sivits 100 percent.

MIKE FLEAGLE, NEIGHBOR: Bring him home. Let's pin a medal on him and have a parade. They drug our kids through the streets, behind jeeps. They burn them. They hung them from a bridge. And why are we held higher standards than they are? We're at war.

CHO: Daughter Heather went to the prom with him. She says Sivits was so proud of being a soldier, he wore his uniform to the dance.

HEATHER FLEAGLE, DAUGHTER: And he told me ahead of time that he was going to wear his uniform.

CHO: And you said?

H. FLEAGLE: I said that was fine with me.

CHO: Because?

H. FLEAGLE: Because all guys look good in uniforms.

CHO: This small Pennsylvania town openly shows its support for the troops, with most of the support these days going to Jeremy Sivits. Sivits will stand trial in Baghdad on May 19. A world away...

M. FLEAGLE: The boy's a good boy.

CHO (on camera): Both Sivits mother and father told CNN commenting on the case right now would only hurt their son. The community says it could do without all of this attention and says the prison scandal in Iraq is hitting a bit too close to home.

Alina Cho, CNN, southwestern Pennsylvania.

(END VIDEOTAPE)

KAGAN: The campaign trail winds its way to Pennsylvania's Edinboro University today. That's where John Kerry kicks off a four- day focus on health care costs. A Kerry campaign staff study say that premiums have risen more than $2,700 per family in the past four years. Kerry wants to repel the Bush tax cut effecting the wealthiest Americans and use those savings on health care.

A Bush campaign spokesman says that John Kerry's health care solution is to, quote, "raise taxes and add burdensome new government programs." The Bush campaign criticizes Kerry for opposing the president's propose cap on medical malpractice lawsuits. The president returns to the campaign trail later this week.

And here's a story of high interest for anyone planning to buy a house or a car. The cost of using someone else's money is about to go even higher. Federal policy makers could raise interest rates as early as next month and that bottom line will affect more than just the borrowers. Our financial news reporter Kathleen Hayes has that story.

(BEGIN VIDEO CLIP)

(BEGIN VIDEOTAPE)

KATHLEEN HAYS, CNNfn CORRESPONDENT (voice-over): The Federal Reserve put the world on notice this week -- it's getting ready to raise interest rates to fight inflation. So don't just sit there, do something. Because soon any kind of credit is going to get more expensive, starting with the mortgage on your home.

ANTHONY CHAN, BANKONE: I think the last two employment reports should be a wake up call to anyone that is thinking of buying a house or refinancing. Long-term interest rates, they're not going down. In fact, they're probably going to continue to inch higher from here. So if you're thinking about refinancing, yesterday was the day to do it. If you didn't do it yesterday, then today is the day to do it.

HAYS: As of last week, average 30 year mortgage rates had already topped six percent. And if the Federal Reserve starts raising interest rates in late June, mortgage rates could hit seven percent or higher by next year. That means higher monthly mortgage payments that could price some buyers out of the market.

But even if you can still afford a new house in the suburbs, you may not be able to afford that shiny new car to make the commute every day. Did you think those rich incentives and zero percent financing rates were going to last forever?

JARED BERNSTEIN, ECONOMIC POLICY INSTITUTE: All that will fade. I just think that those were all the very aggressive measures taken by the Fed and by sectors throughout the financial markets to try to stimulate what was a pretty weak economy from the perspective of demand.

HAYS (on camera): And investors, don't forget to take a look at the stocks and mutual funds in your 401(k). If interest rates rise, interest sensitive cyclical stocks like banks and home builders will take a back seat to defensive sectors like household products and drugs.

Kathleen Hays, CNN Financial News, New York.

(END VIDEOTAPE)

KAGAN: Defensive maneuvers in the case against Kobe Bryant. We will examine the strategy this week by the attorneys representing the NBA star.

And another plea from the defense in the Scott Peterson case. The latest in his double murder trial is straight ahead.

(COMMERCIAL BREAK) KAGAN: This just in: nearly a half century after the brutal killing of an African-American teenager, the Justice Department is reopening that case. Associated Press reports details that are expected shortly on the renewed investigation of the Emmitt Till killing, concerned an early catalyst for the civil rights movement.

Till was abducted from his uncle's Mississippi home back in 1955. His mutilated body was found three days later in a river. Two white men were charged with murder and acquitted by an all-white jury. Both men have since died.

On to the Kobe Bryant case. It is a step closer to trial this week. A three-day hearing starting this hour will include a formal plea by the player. After that, Colorado law calls for the trial to start within six months.

Harvey Levin, executive producer of "Celebrity Justice," is here to go over the facts with us.

Good morning, Harvey.

I got to say all these hearings are starting to blur together for me in Eagle, Colorado, but they've all been significant, but this one particularly important.

HARVEY LEVIN, EXEC. PROD., "CELEBRITY JUSTICE": Yes, I think we're bringing it in for a landing, or at least the judges this time, Daryn. A couple of things will happen. No. 1, Kobe Bryant will officially plead, probably Wednesday at the end of this three-day hearing, plead not guilty to the alleged rape.

And, in addition, the judge should rule on two critical, critical issues in this case. Kobe Bryant and his lawyers want this woman's sexual history and medical conditions fair game. They say it tends to prove his innocence. They want to prove, for example, that she has a tendency to bleed during sex, that they say would be relevant to bring out, and they want that out in the worst way.

On the other side, the prosecutors want a police tape that was recorded secretly in Kobe Bryant's hotel room, where Bryant talks about it. They want that admitted. The defense says that is not fair game. Kobe was being held against his will, in fact, and he was not given his Miranda Rights.

KAGAN: For one day at least, we will see a camera in the courtroom?

LEVIN: We will see it for the plea. Again, it's not going to be spectacular, Daryn; it's going to be Kobe Bryant pleading not guilty, but you know, it's his statement of the case, and to that extent, he goes on the record.

KAGAN: And this kind of starts the clock ticking, right, under Colorado state law, we would have to see a trial within six months?

LEVIN: Yes, I mean, my guess is the trial is going to happen this summer. Interesting aside in this case, we talked to a sports psychologist specifically about this case, because this guy is bouncing back and forth between the playoffs and between the court. And it's really interesting, but in a situation like this, where somebody's life is in such chaos on one side, it actually helps them on the court, because it gives them a focus, and Kobe Bryant's focus has been better playing basketball this season, ironically, than in a long time.

KAGAN: Well, the Lakers not doing so great. They did win a game yesterday against the San Antonio Spurs, but game four is tomorrow in Los Angeles. This hearing is supposed to go for three days. How is that supposed to work?

LEVIN: Are you asking me as a short basketball player or as a lawyer?

KAGAN: Both, yes.

LEVIN: I can't comment on the game. But on the law, you know, this -- he has to be here for the hearing. The hearing is in first position. He can't say, look, your honor, I was a little bit late, I had a game last night. That will not go over well. This trial is in first position for the duration, no matter what for Kobe Bryant.

KAGAN: And remind us again exactly what is at stake if he's found guilty of these charges?

LEVIN: He's going to go to prison for a long, long time. I mean, Colorado is one of the worst places ever to be accused of this. Their laws are the most stringent. The sentencing guidelines are extremely harsh, so this is not a technical foul kind of place, if you will. This is a trial where if he's found guilty, Kobe Bryant's life will radically change for many years.

KAGAN: And what about the rest of us? How what happens in this trial could affect -- or at least the residence of Colorado, when you're looking at issues of whether this particular alleged victim, whether her sexual history is allowed in or whether the taped interview with police is allowed in? Are we just looking at a specific trial, or is this going to affect future trials and future alleged rape victims in Colorado?

LEVIN: Well, I think it will, Daryn. You know, the law has been considered so stringent before that you can't admit any of it. This is a different kind of case. And if the defense is able to prevail, what they're going to say is, look, we're not going to try and trash somebody for the sake of doing it, but if you can prove that the alleged victim had prior sexual encounters and an injury could have occurred through one of those, if you can prove she was unstable, perhaps made some suicide attempts or had problems with drugs and you can relate it to the case, and if the judge buys that, it has a -- it opens up that arena for other people in future cases to say, look, you allowed it in Kobe Bryant, I can show a similar case. So I think a lot is at stake, and this case will be meaningful for Colorado.

KAGAN: Harvey Levin, "Celebrity Justice." Harvey, thank you. LEVIN: My pleasure, Daryn.

KAGAN: Forty-five minutes past the hour.

Let's check some other stories across America. The double murder trial of Scott Peterson lurches ahead. Another 150 potential jurors will be summoned to court for questioning today, much of it about pretrial publicity. So far, 66 of a potential 1,000 candidates have been clear for the jury pool. Peterson is accused of killing his wife, Laci, and their unborn son.

Defense attorneys for Oklahoma City Bombing conspirator Terry Nichols try to raise more doubts today in a state murder trial that could send him to death row. Nichols' defense team has been presenting evidence that others helped bomber Timothy McVeigh carry out the 1995 bombing; 168 people died in attack.

Someone somewhere has a piece of paper worth $213 million. It is the winning ticket from Saturday's Powerball drawing. It was sold in, get this, Bucks County, Pennsylvania. How perfect is that? North of Philadelphia. When or if it's claimed, it will be the largest payout for a lottery ticket ever sold in the keystone state.

Caught in a box and sent packing. Straight ahead, the story of one FedEx feline who crossed state lines.

And here's what we're working for next hour.

Ahead on CNN, the most trusted name in news, the first U.S. soldier to face court-martial over the Iraqi prison abuse scandal. New developments at 11:00.

Plus, we're live at the Pentagon, as the president gets a report on Iraq.

And at noon, back to court, Kobe Bryant prepares for trial. We're live in Colorado.

Stay with CNN, your trusted connection for news.

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KATE BECKINSALE, ACTRESS: I don't need any help.

HUGH JACKMAN, ACTOR: Really?

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KAGAN: It's only the second week in may but the summer movie season is in full swing. "Van Helsing" opened at No. 1 at the box office this weekend. It raked in $54 million in the U.S. Almost as much as that overseas. The monster slaying movie will get competition later this week from "Troy" which stars Brad Pitt. But meanwhile, this is Hugh Jackman's day. The "Van Helsing" star is celebrating a Tony Award nomination as well. The nominations for the best of Broadway's (UNINTELLIGIBLE) were announced this morning. Hugh Jackman is named for best actor in a musical for his portrayal of entertainer Peter Allen in "The Boy From Oz." The musical "Wicked" earned the most nominations with 10.

Well if you have cats, you know they are stealthy creatures that can hide out for hours before popping back up again. Here's the story of one cat who couldn't pop up. He was (UNINTELLIGIBLE) inside of a box hundreds of miles away from home. Erin Cox with our affiliate WTNH reports on the feline FedEx foul-up.

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ERIN COX, WTNH CORRESPONDENT (voice-over): Juliana (ph) is looking for her cats, 12 in all, each one rescued.

UNIDENTIFIED FEMALE: Some of them may not so fortunate to find homes for and they end up staying here.

COX: This cat tale begins with Juliana packing a box, returning furniture. The cats were curious.

UNIDENTIFIED FEMALE: The cats decided that would be a fun place to play, being cats. And they're jumping in and out of the box.

COX: She thought the box was feline free.

UNIDENTIFIED FEMALE: Shut the box, looked around, saw Belle (ph), saw Squeak (ph) and sealed the box up.

COX: So FedEx takes the box from the front steps and with three black and white cats, it's 24 hours before Juliana realizes Pip (ph) is missing.

UNIDENTIFIED FEMALE: All of a sudden, it just hit me. Oh, my God, he's in the box!

COX: A frantic call to FedEx.

UNIDENTIFIED FEMALE: I sealed my cat up in the box and he has been FedExed. I spent a very nervous day and said a lot of prayers.

COX: The box carrying the cat is traced to Indianapolis.

UNIDENTIFIED FEMALE: Open the box and rescue Pip. Two days he was in the box. It was a big box, though.

COX (on camera): So once Pip is rescued from the box, FedEx can't just send it back. So the FedEx employee brings Pip to his Indianapolis home and then to a veterinarian so the cat has the right paper work to be put on a plane and flown to Providence, Rhode Island. Then Pip is picked up and driven back here to Ledger.

UNIDENTIFIED FEMALE: He's gotten around. He's been in more states than I have!

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KAGAN: That story came to us from Erin Cox with our affiliate WTNH. Juliana Louis stresses that this whole mess was an accident. FedEx does not allow nor does it have a license to ship live animals. Note to you at home.

If you love trying different foods while on vacation, stick around. We're going to whet your appetite with some of the best culinary vacation spots worldwide. Lunch is served straight ahead.

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