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CNN Live At Daybreak

Major General Antonio Taguba to Testify Before Senate Armed Services Committee; Recapping Yesterday's Hearing in Sexual Assault Case Against Kobe Bryant

Aired May 11, 2004 - 06:00   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.


CAROL COSTELLO, CNN ANCHOR:
This is DAYBREAK for Tuesday, May 11.

And good morning to you.

From the CNN global headquarters in Atlanta, I'm Carol Costello.

Here are the latest headlines for you now.

Expect to hear more dirty details this morning in that Iraqi prisoner abuse scandal. The Senate Armed Services Committee will hear from the Army general who prepared this scathing report.

In western Iraq, on the road from Jordan, a civilian supply convoy operated by a subsidiary of Halliburton is attacked. Several vehicles have been destroyed and U.S. officials say some people are unaccounted for.

Israeli forces today kill at least five Palestinians and injure 40 more in a major operation in Gaza City. Also, the Israeli military confirms a bomb killed six Israeli soldiers in an armored personnel carrier.

Kobe Bryant could enter a plea in his sexual assault case as early as today. Both sides agreed to August for the start of the trial. Bryant's accuser showed up in court during Monday's hearing.

Now to Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: The Pentagon is deciding whether to release more pictures of U.S. troops allegedly abusing Iraqi prisoners. Sources say up to 300 more pictures exist. There's also video that allegedly shows American soldiers having sex in the prison. And an alleged sexual assault against a female Iraqi prisoner is also being investigated.

And just three and a half hours from now, we'll begin hearing directly from the general whose report details the Iraqi prison abuses. Major General Antonio Taguba begins testifying at 9:30 Eastern time before the Senate Armed Services Committee. Let's head live to Washington now for more and our Bill Prasad -- good morning, Bill.

BILL PRASAD, CNN CORRESPONDENT: Good morning, Carol.

He raised a big red flag in March when his report was finished, but many top military officials failed to see it. Today, senators will hear about it and they will have plenty of questions.

(BEGIN VIDEOTAPE)

PRASAD (voice-over): "Blatant and wanton criminal abuse," that's what a general's report detailed. Today, Major General Antonio Taguba will testify before a Senate committee. He'll be followed by military officers who will focus on intelligence issues. The words and pictures are having repercussions for U.S. troops in Iraq.

BRIG. GEN. MARK KIMMITT, U.S. ARMY: The soldiers clearly walk up and down the streets. The people that look at them look at them differently because of what they've seen.

PRASAD: Yesterday, the president's national security team surrounded Secretary of Defense Donald Rumsfeld. Mr. Bush sent a clear message of support.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You're doing a superb job. You are a strong secretary of defense.

PRASAD: Mr. Bush has now seen more than a dozen classified color photographs of abuses.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: The president's reaction was one of deep disgust and disbelief.

PRASAD: Sources now say there are at least 200 pictures detailing abuse. Some of the worst photos reportedly show prisoners being sodomized with chemical light sticks. One official says digital video clips show abuse and humiliation consistent with what is seen on the still photos.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Shamefully, we now learn that Saddam's torture chambers reopened under new management, U.S. management.

PRASAD: The photos test the image of soldiers in Iraq and test the resolve of a president struggling to limit the damage.

(END VIDEOTAPE)

PRASAD: One source now says officials are checking out the possibility that several U.S. soldiers tried to sexually assault a female Iraqi prisoner. The men stopped when another soldier caught them -- Carol.

COSTELLO: Bill Prasad live in Washington this morning. By the way, Major General Taguba's appearance this morning on Capitol Hill is set for 9:30 Eastern time. CNN will, of course, bring that to you live.

So now we want to know what you think. Our e-mail question of the day: do you think there will be a scapegoat in the prison abuse scandal, and, if so, who? E-mail us your opinion, daybreak@cnn.com. We've been getting a lot already and we'll continue to read them throughout the morning.

Kobe Bryant expected back in court today and this may be the day he enters a plea in the sexual assault case. Yesterday, a surprise appearance by Bryant's accuser put them in the same room for just the second time since the alleged rape.

For more, we head live to Eagle County and CNN's Adrian Baschuk -- good morning, Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Good morning to you, Carol.

You know, since the outset of these hear -- of these pretrial motion hearings, most of which have been conducted behind closed doors, we haven't learned what's being discussed and no bombshells have been dropped. Yesterday, a big surprise, at least to the public and the media. And what you are seeing is Kobe Bryant's accuser exiting the courtroom after observing the proceedings for two hours.

Now, we have chosen to conceal her identity and not show her face. While it was a surprise to us, her decision to come watch experts testify about her mental health history was her decision and was planned. But the judge and Kobe Bryant's defense team knew about it. Yesterday, hearings continued about her sexual past and that rolls over to this morning.

However, yesterday also a big surprise. Sources close to the case tell CNN that both attorneys for both sides and the judge have agreed on a trial date, and that will start in August -- Carol.

COSTELLO: Adrian, I know these rape shield hearings have been ongoing.

When will they finally wrap up, do you think?

BASCHUK: Yes, they've been the crux of these hearings for the last three months. We thought that they were going to wrap up this week. However, we know that one more witness is testifying about the accuser's sexual past today. And the evidence will need to be further heard and discussed in closed door hearings again, once again at the end of June -- Carol.

COSTELLO: Adrian Baschuk reporting live from Eagle County.

Time for more stories making news across America this Tuesday.

The Justice Department is reopening the almost 40-year-old murder case of Emmet Till. The 14-year-old African-American was killed in Mississippi after allegedly whistling at a white woman. Till's murder and the ensuing speedy trial became a rallying point in the fight for civil rights. Two white men charged in his death were acquitted after the all white jury deliberated for 67 minutes.

Prosecutors say moving the Scott Peterson trial is pointless since juror bias can be found anywhere. Peterson's attorneys will argue today that the trial should be moved to Los Angeles. Jury selection still under way in Redwood City.

The FBI's new $600 million computer upgrade is inadequate. That is the assessment of an outside panel of experts looking into the project. The experts say the FBI's new Trilogy system does not place a priority on tracking terrorism. They're urging the Bureau to start over.

All right, it's time to read some e-mails. We've been getting a lot.

MYERS: Yes.

COSTELLO: The question of the day: who will be the scapegoat in this prisoner abuse scandal.

So take it away -- Chad.

MYERS: Got one from Brenda in Richmond: "I don't think there will be a scapegoat. Too much, this is just way too big, too many things going on here. There can be no doubt those guards are guilty, but their immediate superiors are equally guilty."

COSTELLO: OK, this is from Jeff (ph) in Ashfield, North Carolina. He says: "No doubt the scapegoat will be the reservists. I will be thoroughly surprised if a single major player on active duty is convicted or if a politician is forced to resign."

MYERS: From Kerry (ph) in Kitty Hawk: "These soldiers that committed these abuses are adults. They know right from wrong. To blame it on the president, Rumsfeld, Cheney or anyone else is absurd."

COSTELLO: And this one from Albert: "Of course there will be a scapegoat. It'll be Bill Clinton."

MYERS: I didn't read that one. That's funny.

COSTELLO: It was pretty funny.

Well, questions are being raised about the training of U.S. soldiers guarding Iraqis at the Abu Ghraib Prison. Coming up, a closer look at how U.S. soldiers were prepared to guard Iraqi prisoners.

And a little campaign trail mix this morning -- what the president and his rival are doing today.

This is DAYBREAK for Tuesday, May 11.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports.

It is 6:10 Eastern.

Here's what's all new this morning.

Army Major General Antonio Taguba will be the man in the spotlight today. He led the Pentagon's prison abuse investigation. Beginning at 9:30 Eastern time, he'll tell a Senate committee about it.

The Israeli military battles with Palestinian militias in a crowded neighborhood in Gaza City. Sources say five Palestinians and six Israeli soldiers are dead.

In money news, MCI will cut more than 7,000 jobs this year. That's on top of the 4,500 slashed earlier. The long distance company is trying to cut costs as it emerges from bankruptcy.

In the NBA playoffs, the Minnesota Timberwolves sink their teeth into the Sacramento Kings, beating them 114-113. Minnesota now leads 2-1 in the seven game series.

In culture, director Robert Altman and cartoonist Gary Trudeau team up for the sequel to "Tanner 88." The series mocks the U.S. presidential campaign -- Chad.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you.

President Bush says he wants no child left behind. Now he's taking that education on the road. A day after coming out in defense of Donald Rumsfeld, the president kicks off a three day education tour in Arkansas. Over the next two days, he'll visit schools in Washington and West Virginia.

In the meantime, the president's chief contender will also be making a southern swing. In just a few hours, John Kerry will tour a health care center in Louisville, Kentucky. And later, he'll rally supporters in Jacksonville, Florida.

Those awful details of prisoner abuse have been relentless. How it's all affecting the race for the White House -- in the next half hour we'll bring you some new poll numbers.

Time now, though, for a little business buzz.

If you're like most Americans, you got a bigger tax return this year.

Carrie Lee breaks down the actual numbers for you.

She's live at the NASDAQ market site -- good morning, Carrie.

CARRIE LEE, CNN CORRESPONDENT: Hi, Carol.

Well, according to the IRS final figures, more Americans did receive refunds in 2004 than in the prior year, but the numbers are less than the Bush administration had originally estimated. Now, the refunds, on average, were only about five percent larger. The average refund for 2004 rising to $98 to $2,063. And that's quite a bit different from the average $300 refund that the Treasury has estimated. So more people making money this year, or getting money back from the government, but not as much as originally estimated.

Also, the number of direct deposits grew by about 11 percent. Also, more people filed by computer. Interesting, because most preparations were filed by paid preparers. But the number of self- prepared returns was actually up 22 percent. I think it's impressive because we all know the tax laws have become very complicated lately. So more power, Carol, to those people who did the work themselves.

COSTELLO: Absolutely.

Carrie Lee live from the NASDAQ market site.

We've all heard the military police accused of abuse at the Abu Ghraib Prison in Iraq say they were just following orders, they were ill trained and overworked. But what's the truth?

Our military intelligence analyst, Ken Robinson, joins us live from Washington to help us sort this out -- good morning, Ken.

KEN ROBINSON, CNN MILITARY INTELLIGENCE ANALYST: Hi, Carol.

COSTELLO: Ken, there are rules when it comes to military training or training military police, I should say. Let's take a look at some of those rules. It's treat all prisoners equally and with respect. Respect religious articles and materials. Treat all medical problems seriously and do not make obscene gestures.

Now, none of those rules appeared to be followed.

So what were those military police officers learning on U.S. soil before they left for Iraq?

ROBINSON: Well, you've just asked the million dollar question. That's the same one that we're all wondering that may come out in the Taguba report. These reserve units have annual training requirements and the annual training requirements stipulate what they're supposed to be trained for in time of war. And the mobilization unit training that they did in the year prior to coming into Iraq is being scrutinized right now, because many of the soldiers who have been charged have said that we were never trained on X, Y or Z.

Regardless of what they may or may not have been trained by, it doesn't excuse the horrible conduct and what we've seen in the photographs.

COSTELLO: When you hear soldiers say we were just following orders, we had to do it, what would happen to them if they refused? ROBINSON: Well, they'd probably receive a medal. Had they gone to their chain of command and had they raised a large enough stink so that someone from the outside could see what was happening on the inside here, they -- there was plenty of protections within the military system to protect them from that. It's unconscionable.

COSTELLO: Having said that, many of our viewers have been sending us e-mails this morning and many of them say this, the soldiers will be the scapegoats. Those giving the orders, those who approved the widespread abuse with a wink and a nod, will fly.

Do you think that will hold true?

ROBINSON: No, I don't. I think they're looking very, very hard at the entire chain of command on both the military police side, the military intelligence side, who were co-located within the military police's compound. The military police have the doctrinal responsibility for the safeguard of these prisoners. And the important thing for the public and the important thing for the government is to make sure that there's not a rush to judgment on the personnel who are associated with this in the third, fourth, fifth ring, just because the American public has the appetite for blood right now.

COSTELLO: Well, wait a minute, Ken...

ROBINSON: We've got to look at -- we've got to let the interrogation and the investigation process go through.

COSTELLO: Understand that. But we have the names and the faces of the military police officers who are charged in this case. We don't know anything about their commanding officers, who they were. We know that six Army officers were reprimanded. We've seen Brigadier General Janis Karpinski. But it's all we've seen.

Why?

ROBINSON: Because of the military investigation process and the way it's designed. It's designed to protect the accused until the investigation is complete and until recommendations are made for a court martial. They're trying to protect the legal rights of all, in every layer of the chain of command. But it will be something that will be publicly disclosed. It cannot remain behind some veiled curtain.

COSTELLO: Yes, but what...

ROBINSON: It is going to be out there.

COSTELLO: What if it is intelligence officers? These people, the intelligence officers are protected. Will we ever know if an intelligence officer was in charge of that particular unit of the prison?

ROBINSON: No, they're not going to be protected. If intelligence officers were involved in this and they gave those unlawful orders, they're going to burn in hell. I mean the military is going to focus on them very carefully. They're doing that right now. They're looking very carefully through the whole procedure. I don't believe through the military police or the military intelligence anybody's going to have any pass on this. If they were culpable, they're going to be held responsible.

COSTELLO: What about people at the very top like Donald Rumsfeld and General Sanchez, because didn't -- Donald Rumsfeld put General Sanchez in charge of how the interrogations were conducted at that prison. He passed it on to someone there.

Will those two men suffer any consequences?

ROBINSON: Well, in the court of public opinion, they already are. The, one of the challenges you have when you're the head of a large department or agency is you're held responsible for everything that's underneath you. The -- but there is a chain of culpability and that chain of culpability is what the investigators are focusing on right now, those who were aware of it and then those who should have been aware of it that were in theater that should have been visiting and inspecting the facilities.

COSTELLO: Ken Robinson joining us live from Washington.

Many thanks to you this morning.

We want to know what you think. Our e-mail question of the day: do you think there will be a scapegoat in the prison abuse scandal? And, if so, who will it be? E-mail us your opinion, daybreak@cnn.com. And, of course, we're going to continue to read those e-mails throughout this morning.

Explosions, fighting -- another deadly day in the Gaza Strip. In the next half hour of DAYBREAK, we're going to take you live to Jerusalem to get the latest from there.

And abuses inside Abu Ghraib Prison in Iraq. Today all eyes will be on the general who blew the whistle.

And our DAYBREAK Photo of the Day -- take a look. Aw, that's an easy one. What is it? We'll tell you after the break.

(COMMERCIAL BREAK)

COSTELLO: And Welcome back to DAYBREAK.

Najaf in Iraq has been a particularly contentious city for U.S. forces to control. That's where that anti-American cleric, Muqtada al-Sadr, is still holed up. A new governor has now been appointed.

So let's head live to Najaf and Jane Arraf.

She has the governor with her this morning -- hello, Jane.

JANE ARRAF, CNN CORRESPONDENT: Hi, Carol. It's an historic day, in a sense. Governor Al Zurufi, Adnan Al Zurufi, who's from Najaf, but most recently from Chicago and Detroit, has just been at his first day of work.

Governor, you've been at work for about six hours now, but it sounds like you've accomplished a lot. Can you tell us what you decided this morning with the tribal leaders who came to see you?

ADNAN AL ZURUFI, NAJAF GOVERNOR: Well, most of the tribal leaders we saw today, they are encouraging us to play a part in solving a current situation at Najaf and (UNINTELLIGIBLE) these people. They do not need any militia (UNINTELLIGIBLE). And they want to be a police problem in Najaf and they don't want to see fighting to Najaf.

And we've been working with them to find a common ground to work on that with the coalition and with the militia.

ARRAF: How are you going to deal with Muqtada al-Sadr, then? What was decided?

AL ZURUFI: Well, so far we have to find we have made the Najafese people themselves to decide what they need. And they have to say what they need now. And we are ready to help them with anything we could there.

ARRAF: And what happens to the Mahdi militia? What should be done with them?

AL ZURUFI: Well, all militias in Najaf, Mahdi and others, must be dissolved and there is no negotiation for that. And this is, all Najafese need, all the tribes, more than 70 tribes we've got, we met today and some of the politics party and some of the important people in Najaf, they, all of them said that we do not need any militia at Najaf, now or in the future. And also they encouraged us to build a very strong police and (UNINTELLIGIBLE) very quick to protect the Najafese people.

ARRAF: This is a very dangerous job, a very tough job.

What makes you think you can do it?

AL ZURUFI: Well, because I have a very strong coalition from tribes and from religions and from all elements of people in Najaf. So that encourages me to do much more in the near future.

ARRAF: And just one last question, Governor Al Zurufi.

Your affiliation with the United States, you are actually an Iraqi-American. You've been brought here by the United States.

Does that help you or hurt you?

AL ZURUFI: Of course that helps me a lot because, you know, people know me and I've been working here a year and they know me for a quick and serious person. And they know I have many ideas. I learned a lot in the States and in the States there I spent a lot of time on to teach me different things. So I need to present that culture and that -- what they've got there, give to the Najafese people and help them to restart their lives again.

ARRAF: Thank you so much -- Carol, that was the new governor of Najaf, Adnan Al Zurufi, on his first day in the job in this building that has been secured by U.S. forces. It still comes under mortar fire every day. But this has got to be one of the most difficult and dangerous jobs in Iraq that he's just taken on -- Carol.

COSTELLO: Most definitely.

And thank him for joining us this morning.

Jane Arraf live from Najaf this morning.

All right, it's time to talk about smoking in the movies.

MYERS: Yes.

COSTELLO: This is unbelievable, actually.

MYERS: It is. The anti-smoking people are trying to blame something else on people smoking. First, it was Winston Cup. Then it was Joe Camel. And now it's the movies.

COSTELLO: In the Senate Commerce Committee today, there's going to be a hearing and this anti-smoking group is going to take part because they don't want smoking portrayed in the movies because it sets a bad example for children.

MYERS: Right.

COSTELLO: And members of that Senate Commerce Committee are taking this quite seriously.

MYERS: And they want to -- if there's smoking in the movie, if people in the movie are smoking, they want an R rating for that.

COSTELLO: Yes. Yes. So it should be interesting to see what happens.

MYERS: So that the little kids can't get in without an adult to see that.

COSTELLO: Right.

MYERS: There you go. We'll see what happens.

COSTELLO: Our e-mail question of the morning has been prompting many responses. We're going to read...

MYERS: Oh, my.

COSTELLO: Yes. We're going to read some more of your responses to our e-mail question of the day a little later on DAYBREAK. But it's time now for our DAYBREAK Eye-Opener.

More than 100 people were forced to abandon ship after this ferry hit a reef in Alaska. The passengers and crew were put on life rafts. Three people had to be taken to the hospital.

Well, here's a creative sentence handed down in Rockdale County, Georgia. A judge has ordered a professed drug addict, Brenton Raffensperger, to buy a coffin and keep it in his house. The judge says the coffin will be a reminder of what will happen to Raffensperger if he doesn't change his ways.

No soup for you. Cracker Barrel restaurants pull their vegetable soup off the table after a woman in Newport News, Virginia found too much meat in her bowl. Actually, what she found was a mouse. Now the chain is trying to figure out if the mouse came from a soup vendor or was just a resident at the restaurant.

MYERS: Did you figure out what the picture was?

COSTELLO: I did.

MYERS: It was an ear of something.

COSTELLO: That was easy.

MYERS: But what kind of ear? Actually, little babies.

COSTELLO: Aw.

MYERS: Baby time. Abandoned little cubs that they found in Nairobi, Kenya.

COSTELLO: Aw.

MYERS: Took them over to the zoo; well, what they call the zoo. And, you know, I'm looking at the one on the right. The bottle's empty and he's still trying to get more out of it. They need to put some more in there, because that bottle's just got air in it.

COSTELLO: It's amazing that he's holding it like that.

MYERS: Great little shot, isn't it?

COSTELLO: Isn't he cute? Well, I'm glad they were able to rescue them.

MYERS: They were.

COSTELLO: All right.

MYERS: Right.

COSTELLO: Ahead in the next half hour of DAYBREAK, following orders or acting alone -- what the person formally in charge of the Abu Ghraib Prison believes about some of the U.S. soldiers now charged in the abuse scandal.

Also coming up, how the abuse scandal may affect the president in the upcoming election. What the latest poll numbers have to say. We'll have a live report for you out of Gallup headquarters.

(COMMERCIAL BREAK)

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Aired May 11, 2004 - 06:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR:
This is DAYBREAK for Tuesday, May 11.

And good morning to you.

From the CNN global headquarters in Atlanta, I'm Carol Costello.

Here are the latest headlines for you now.

Expect to hear more dirty details this morning in that Iraqi prisoner abuse scandal. The Senate Armed Services Committee will hear from the Army general who prepared this scathing report.

In western Iraq, on the road from Jordan, a civilian supply convoy operated by a subsidiary of Halliburton is attacked. Several vehicles have been destroyed and U.S. officials say some people are unaccounted for.

Israeli forces today kill at least five Palestinians and injure 40 more in a major operation in Gaza City. Also, the Israeli military confirms a bomb killed six Israeli soldiers in an armored personnel carrier.

Kobe Bryant could enter a plea in his sexual assault case as early as today. Both sides agreed to August for the start of the trial. Bryant's accuser showed up in court during Monday's hearing.

Now to Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: The Pentagon is deciding whether to release more pictures of U.S. troops allegedly abusing Iraqi prisoners. Sources say up to 300 more pictures exist. There's also video that allegedly shows American soldiers having sex in the prison. And an alleged sexual assault against a female Iraqi prisoner is also being investigated.

And just three and a half hours from now, we'll begin hearing directly from the general whose report details the Iraqi prison abuses. Major General Antonio Taguba begins testifying at 9:30 Eastern time before the Senate Armed Services Committee. Let's head live to Washington now for more and our Bill Prasad -- good morning, Bill.

BILL PRASAD, CNN CORRESPONDENT: Good morning, Carol.

He raised a big red flag in March when his report was finished, but many top military officials failed to see it. Today, senators will hear about it and they will have plenty of questions.

(BEGIN VIDEOTAPE)

PRASAD (voice-over): "Blatant and wanton criminal abuse," that's what a general's report detailed. Today, Major General Antonio Taguba will testify before a Senate committee. He'll be followed by military officers who will focus on intelligence issues. The words and pictures are having repercussions for U.S. troops in Iraq.

BRIG. GEN. MARK KIMMITT, U.S. ARMY: The soldiers clearly walk up and down the streets. The people that look at them look at them differently because of what they've seen.

PRASAD: Yesterday, the president's national security team surrounded Secretary of Defense Donald Rumsfeld. Mr. Bush sent a clear message of support.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: You're doing a superb job. You are a strong secretary of defense.

PRASAD: Mr. Bush has now seen more than a dozen classified color photographs of abuses.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: The president's reaction was one of deep disgust and disbelief.

PRASAD: Sources now say there are at least 200 pictures detailing abuse. Some of the worst photos reportedly show prisoners being sodomized with chemical light sticks. One official says digital video clips show abuse and humiliation consistent with what is seen on the still photos.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Shamefully, we now learn that Saddam's torture chambers reopened under new management, U.S. management.

PRASAD: The photos test the image of soldiers in Iraq and test the resolve of a president struggling to limit the damage.

(END VIDEOTAPE)

PRASAD: One source now says officials are checking out the possibility that several U.S. soldiers tried to sexually assault a female Iraqi prisoner. The men stopped when another soldier caught them -- Carol.

COSTELLO: Bill Prasad live in Washington this morning. By the way, Major General Taguba's appearance this morning on Capitol Hill is set for 9:30 Eastern time. CNN will, of course, bring that to you live.

So now we want to know what you think. Our e-mail question of the day: do you think there will be a scapegoat in the prison abuse scandal, and, if so, who? E-mail us your opinion, daybreak@cnn.com. We've been getting a lot already and we'll continue to read them throughout the morning.

Kobe Bryant expected back in court today and this may be the day he enters a plea in the sexual assault case. Yesterday, a surprise appearance by Bryant's accuser put them in the same room for just the second time since the alleged rape.

For more, we head live to Eagle County and CNN's Adrian Baschuk -- good morning, Adrian.

ADRIAN BASCHUK, CNN CORRESPONDENT: Good morning to you, Carol.

You know, since the outset of these hear -- of these pretrial motion hearings, most of which have been conducted behind closed doors, we haven't learned what's being discussed and no bombshells have been dropped. Yesterday, a big surprise, at least to the public and the media. And what you are seeing is Kobe Bryant's accuser exiting the courtroom after observing the proceedings for two hours.

Now, we have chosen to conceal her identity and not show her face. While it was a surprise to us, her decision to come watch experts testify about her mental health history was her decision and was planned. But the judge and Kobe Bryant's defense team knew about it. Yesterday, hearings continued about her sexual past and that rolls over to this morning.

However, yesterday also a big surprise. Sources close to the case tell CNN that both attorneys for both sides and the judge have agreed on a trial date, and that will start in August -- Carol.

COSTELLO: Adrian, I know these rape shield hearings have been ongoing.

When will they finally wrap up, do you think?

BASCHUK: Yes, they've been the crux of these hearings for the last three months. We thought that they were going to wrap up this week. However, we know that one more witness is testifying about the accuser's sexual past today. And the evidence will need to be further heard and discussed in closed door hearings again, once again at the end of June -- Carol.

COSTELLO: Adrian Baschuk reporting live from Eagle County.

Time for more stories making news across America this Tuesday.

The Justice Department is reopening the almost 40-year-old murder case of Emmet Till. The 14-year-old African-American was killed in Mississippi after allegedly whistling at a white woman. Till's murder and the ensuing speedy trial became a rallying point in the fight for civil rights. Two white men charged in his death were acquitted after the all white jury deliberated for 67 minutes.

Prosecutors say moving the Scott Peterson trial is pointless since juror bias can be found anywhere. Peterson's attorneys will argue today that the trial should be moved to Los Angeles. Jury selection still under way in Redwood City.

The FBI's new $600 million computer upgrade is inadequate. That is the assessment of an outside panel of experts looking into the project. The experts say the FBI's new Trilogy system does not place a priority on tracking terrorism. They're urging the Bureau to start over.

All right, it's time to read some e-mails. We've been getting a lot.

MYERS: Yes.

COSTELLO: The question of the day: who will be the scapegoat in this prisoner abuse scandal.

So take it away -- Chad.

MYERS: Got one from Brenda in Richmond: "I don't think there will be a scapegoat. Too much, this is just way too big, too many things going on here. There can be no doubt those guards are guilty, but their immediate superiors are equally guilty."

COSTELLO: OK, this is from Jeff (ph) in Ashfield, North Carolina. He says: "No doubt the scapegoat will be the reservists. I will be thoroughly surprised if a single major player on active duty is convicted or if a politician is forced to resign."

MYERS: From Kerry (ph) in Kitty Hawk: "These soldiers that committed these abuses are adults. They know right from wrong. To blame it on the president, Rumsfeld, Cheney or anyone else is absurd."

COSTELLO: And this one from Albert: "Of course there will be a scapegoat. It'll be Bill Clinton."

MYERS: I didn't read that one. That's funny.

COSTELLO: It was pretty funny.

Well, questions are being raised about the training of U.S. soldiers guarding Iraqis at the Abu Ghraib Prison. Coming up, a closer look at how U.S. soldiers were prepared to guard Iraqi prisoners.

And a little campaign trail mix this morning -- what the president and his rival are doing today.

This is DAYBREAK for Tuesday, May 11.

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COSTELLO: Your news, money, weather and sports.

It is 6:10 Eastern.

Here's what's all new this morning.

Army Major General Antonio Taguba will be the man in the spotlight today. He led the Pentagon's prison abuse investigation. Beginning at 9:30 Eastern time, he'll tell a Senate committee about it.

The Israeli military battles with Palestinian militias in a crowded neighborhood in Gaza City. Sources say five Palestinians and six Israeli soldiers are dead.

In money news, MCI will cut more than 7,000 jobs this year. That's on top of the 4,500 slashed earlier. The long distance company is trying to cut costs as it emerges from bankruptcy.

In the NBA playoffs, the Minnesota Timberwolves sink their teeth into the Sacramento Kings, beating them 114-113. Minnesota now leads 2-1 in the seven game series.

In culture, director Robert Altman and cartoonist Gary Trudeau team up for the sequel to "Tanner 88." The series mocks the U.S. presidential campaign -- Chad.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you.

President Bush says he wants no child left behind. Now he's taking that education on the road. A day after coming out in defense of Donald Rumsfeld, the president kicks off a three day education tour in Arkansas. Over the next two days, he'll visit schools in Washington and West Virginia.

In the meantime, the president's chief contender will also be making a southern swing. In just a few hours, John Kerry will tour a health care center in Louisville, Kentucky. And later, he'll rally supporters in Jacksonville, Florida.

Those awful details of prisoner abuse have been relentless. How it's all affecting the race for the White House -- in the next half hour we'll bring you some new poll numbers.

Time now, though, for a little business buzz.

If you're like most Americans, you got a bigger tax return this year.

Carrie Lee breaks down the actual numbers for you.

She's live at the NASDAQ market site -- good morning, Carrie.

CARRIE LEE, CNN CORRESPONDENT: Hi, Carol.

Well, according to the IRS final figures, more Americans did receive refunds in 2004 than in the prior year, but the numbers are less than the Bush administration had originally estimated. Now, the refunds, on average, were only about five percent larger. The average refund for 2004 rising to $98 to $2,063. And that's quite a bit different from the average $300 refund that the Treasury has estimated. So more people making money this year, or getting money back from the government, but not as much as originally estimated.

Also, the number of direct deposits grew by about 11 percent. Also, more people filed by computer. Interesting, because most preparations were filed by paid preparers. But the number of self- prepared returns was actually up 22 percent. I think it's impressive because we all know the tax laws have become very complicated lately. So more power, Carol, to those people who did the work themselves.

COSTELLO: Absolutely.

Carrie Lee live from the NASDAQ market site.

We've all heard the military police accused of abuse at the Abu Ghraib Prison in Iraq say they were just following orders, they were ill trained and overworked. But what's the truth?

Our military intelligence analyst, Ken Robinson, joins us live from Washington to help us sort this out -- good morning, Ken.

KEN ROBINSON, CNN MILITARY INTELLIGENCE ANALYST: Hi, Carol.

COSTELLO: Ken, there are rules when it comes to military training or training military police, I should say. Let's take a look at some of those rules. It's treat all prisoners equally and with respect. Respect religious articles and materials. Treat all medical problems seriously and do not make obscene gestures.

Now, none of those rules appeared to be followed.

So what were those military police officers learning on U.S. soil before they left for Iraq?

ROBINSON: Well, you've just asked the million dollar question. That's the same one that we're all wondering that may come out in the Taguba report. These reserve units have annual training requirements and the annual training requirements stipulate what they're supposed to be trained for in time of war. And the mobilization unit training that they did in the year prior to coming into Iraq is being scrutinized right now, because many of the soldiers who have been charged have said that we were never trained on X, Y or Z.

Regardless of what they may or may not have been trained by, it doesn't excuse the horrible conduct and what we've seen in the photographs.

COSTELLO: When you hear soldiers say we were just following orders, we had to do it, what would happen to them if they refused? ROBINSON: Well, they'd probably receive a medal. Had they gone to their chain of command and had they raised a large enough stink so that someone from the outside could see what was happening on the inside here, they -- there was plenty of protections within the military system to protect them from that. It's unconscionable.

COSTELLO: Having said that, many of our viewers have been sending us e-mails this morning and many of them say this, the soldiers will be the scapegoats. Those giving the orders, those who approved the widespread abuse with a wink and a nod, will fly.

Do you think that will hold true?

ROBINSON: No, I don't. I think they're looking very, very hard at the entire chain of command on both the military police side, the military intelligence side, who were co-located within the military police's compound. The military police have the doctrinal responsibility for the safeguard of these prisoners. And the important thing for the public and the important thing for the government is to make sure that there's not a rush to judgment on the personnel who are associated with this in the third, fourth, fifth ring, just because the American public has the appetite for blood right now.

COSTELLO: Well, wait a minute, Ken...

ROBINSON: We've got to look at -- we've got to let the interrogation and the investigation process go through.

COSTELLO: Understand that. But we have the names and the faces of the military police officers who are charged in this case. We don't know anything about their commanding officers, who they were. We know that six Army officers were reprimanded. We've seen Brigadier General Janis Karpinski. But it's all we've seen.

Why?

ROBINSON: Because of the military investigation process and the way it's designed. It's designed to protect the accused until the investigation is complete and until recommendations are made for a court martial. They're trying to protect the legal rights of all, in every layer of the chain of command. But it will be something that will be publicly disclosed. It cannot remain behind some veiled curtain.

COSTELLO: Yes, but what...

ROBINSON: It is going to be out there.

COSTELLO: What if it is intelligence officers? These people, the intelligence officers are protected. Will we ever know if an intelligence officer was in charge of that particular unit of the prison?

ROBINSON: No, they're not going to be protected. If intelligence officers were involved in this and they gave those unlawful orders, they're going to burn in hell. I mean the military is going to focus on them very carefully. They're doing that right now. They're looking very carefully through the whole procedure. I don't believe through the military police or the military intelligence anybody's going to have any pass on this. If they were culpable, they're going to be held responsible.

COSTELLO: What about people at the very top like Donald Rumsfeld and General Sanchez, because didn't -- Donald Rumsfeld put General Sanchez in charge of how the interrogations were conducted at that prison. He passed it on to someone there.

Will those two men suffer any consequences?

ROBINSON: Well, in the court of public opinion, they already are. The, one of the challenges you have when you're the head of a large department or agency is you're held responsible for everything that's underneath you. The -- but there is a chain of culpability and that chain of culpability is what the investigators are focusing on right now, those who were aware of it and then those who should have been aware of it that were in theater that should have been visiting and inspecting the facilities.

COSTELLO: Ken Robinson joining us live from Washington.

Many thanks to you this morning.

We want to know what you think. Our e-mail question of the day: do you think there will be a scapegoat in the prison abuse scandal? And, if so, who will it be? E-mail us your opinion, daybreak@cnn.com. And, of course, we're going to continue to read those e-mails throughout this morning.

Explosions, fighting -- another deadly day in the Gaza Strip. In the next half hour of DAYBREAK, we're going to take you live to Jerusalem to get the latest from there.

And abuses inside Abu Ghraib Prison in Iraq. Today all eyes will be on the general who blew the whistle.

And our DAYBREAK Photo of the Day -- take a look. Aw, that's an easy one. What is it? We'll tell you after the break.

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COSTELLO: And Welcome back to DAYBREAK.

Najaf in Iraq has been a particularly contentious city for U.S. forces to control. That's where that anti-American cleric, Muqtada al-Sadr, is still holed up. A new governor has now been appointed.

So let's head live to Najaf and Jane Arraf.

She has the governor with her this morning -- hello, Jane.

JANE ARRAF, CNN CORRESPONDENT: Hi, Carol. It's an historic day, in a sense. Governor Al Zurufi, Adnan Al Zurufi, who's from Najaf, but most recently from Chicago and Detroit, has just been at his first day of work.

Governor, you've been at work for about six hours now, but it sounds like you've accomplished a lot. Can you tell us what you decided this morning with the tribal leaders who came to see you?

ADNAN AL ZURUFI, NAJAF GOVERNOR: Well, most of the tribal leaders we saw today, they are encouraging us to play a part in solving a current situation at Najaf and (UNINTELLIGIBLE) these people. They do not need any militia (UNINTELLIGIBLE). And they want to be a police problem in Najaf and they don't want to see fighting to Najaf.

And we've been working with them to find a common ground to work on that with the coalition and with the militia.

ARRAF: How are you going to deal with Muqtada al-Sadr, then? What was decided?

AL ZURUFI: Well, so far we have to find we have made the Najafese people themselves to decide what they need. And they have to say what they need now. And we are ready to help them with anything we could there.

ARRAF: And what happens to the Mahdi militia? What should be done with them?

AL ZURUFI: Well, all militias in Najaf, Mahdi and others, must be dissolved and there is no negotiation for that. And this is, all Najafese need, all the tribes, more than 70 tribes we've got, we met today and some of the politics party and some of the important people in Najaf, they, all of them said that we do not need any militia at Najaf, now or in the future. And also they encouraged us to build a very strong police and (UNINTELLIGIBLE) very quick to protect the Najafese people.

ARRAF: This is a very dangerous job, a very tough job.

What makes you think you can do it?

AL ZURUFI: Well, because I have a very strong coalition from tribes and from religions and from all elements of people in Najaf. So that encourages me to do much more in the near future.

ARRAF: And just one last question, Governor Al Zurufi.

Your affiliation with the United States, you are actually an Iraqi-American. You've been brought here by the United States.

Does that help you or hurt you?

AL ZURUFI: Of course that helps me a lot because, you know, people know me and I've been working here a year and they know me for a quick and serious person. And they know I have many ideas. I learned a lot in the States and in the States there I spent a lot of time on to teach me different things. So I need to present that culture and that -- what they've got there, give to the Najafese people and help them to restart their lives again.

ARRAF: Thank you so much -- Carol, that was the new governor of Najaf, Adnan Al Zurufi, on his first day in the job in this building that has been secured by U.S. forces. It still comes under mortar fire every day. But this has got to be one of the most difficult and dangerous jobs in Iraq that he's just taken on -- Carol.

COSTELLO: Most definitely.

And thank him for joining us this morning.

Jane Arraf live from Najaf this morning.

All right, it's time to talk about smoking in the movies.

MYERS: Yes.

COSTELLO: This is unbelievable, actually.

MYERS: It is. The anti-smoking people are trying to blame something else on people smoking. First, it was Winston Cup. Then it was Joe Camel. And now it's the movies.

COSTELLO: In the Senate Commerce Committee today, there's going to be a hearing and this anti-smoking group is going to take part because they don't want smoking portrayed in the movies because it sets a bad example for children.

MYERS: Right.

COSTELLO: And members of that Senate Commerce Committee are taking this quite seriously.

MYERS: And they want to -- if there's smoking in the movie, if people in the movie are smoking, they want an R rating for that.

COSTELLO: Yes. Yes. So it should be interesting to see what happens.

MYERS: So that the little kids can't get in without an adult to see that.

COSTELLO: Right.

MYERS: There you go. We'll see what happens.

COSTELLO: Our e-mail question of the morning has been prompting many responses. We're going to read...

MYERS: Oh, my.

COSTELLO: Yes. We're going to read some more of your responses to our e-mail question of the day a little later on DAYBREAK. But it's time now for our DAYBREAK Eye-Opener.

More than 100 people were forced to abandon ship after this ferry hit a reef in Alaska. The passengers and crew were put on life rafts. Three people had to be taken to the hospital.

Well, here's a creative sentence handed down in Rockdale County, Georgia. A judge has ordered a professed drug addict, Brenton Raffensperger, to buy a coffin and keep it in his house. The judge says the coffin will be a reminder of what will happen to Raffensperger if he doesn't change his ways.

No soup for you. Cracker Barrel restaurants pull their vegetable soup off the table after a woman in Newport News, Virginia found too much meat in her bowl. Actually, what she found was a mouse. Now the chain is trying to figure out if the mouse came from a soup vendor or was just a resident at the restaurant.

MYERS: Did you figure out what the picture was?

COSTELLO: I did.

MYERS: It was an ear of something.

COSTELLO: That was easy.

MYERS: But what kind of ear? Actually, little babies.

COSTELLO: Aw.

MYERS: Baby time. Abandoned little cubs that they found in Nairobi, Kenya.

COSTELLO: Aw.

MYERS: Took them over to the zoo; well, what they call the zoo. And, you know, I'm looking at the one on the right. The bottle's empty and he's still trying to get more out of it. They need to put some more in there, because that bottle's just got air in it.

COSTELLO: It's amazing that he's holding it like that.

MYERS: Great little shot, isn't it?

COSTELLO: Isn't he cute? Well, I'm glad they were able to rescue them.

MYERS: They were.

COSTELLO: All right.

MYERS: Right.

COSTELLO: Ahead in the next half hour of DAYBREAK, following orders or acting alone -- what the person formally in charge of the Abu Ghraib Prison believes about some of the U.S. soldiers now charged in the abuse scandal.

Also coming up, how the abuse scandal may affect the president in the upcoming election. What the latest poll numbers have to say. We'll have a live report for you out of Gallup headquarters.

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