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CNN Live At Daybreak

Court-Martial Hearing of Specialist Jeremy Sivits; Previews of Today's Testimony Before 9/11 Commission in NYC

Aired May 19, 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: A guilty plea from the first American soldier to face a court-martial in the prisoner abuse scandal.
This is DAYBREAK for Wednesday, May 19.

And good morning to you.

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

Let me bring you up to date now.

The court-martial of Specialist Jeremy Sivits has begun in Baghdad. It is still going on. Sivits is the first to be tried on charges he abused prisoners at the Abu Ghraib Prison. He has plead guilty. We'll have more on this court proceeding in just a few minutes. We're going to take you live to Baghdad.

Are prisoners in Afghanistan being abused? The top U.S. commander in Afghanistan has begun a probe of prison conditions and allegations of abuse of facilities under this command.

The 9/11 Commission finishes up its latest round of hearings in New York today. Former Mayor Rudy Giuliani and Homeland Security Director Tom Ridge are expected to testify.

In money news, the average gallon of unleaded gas has broken the $2 barrier. The price has jumped almost eight cents in just the last week.

In sports, no runs, no hits, no errors, no nothing -- Randy Johnson of the Arizona Diamondbacks tosses a perfect game against the Atlanta Braves. At 40 years old, Johnson is the oldest person to pitch a perfect game. Good for him.

In culture, more time for "American Idol" voters. In an effort to combat jammed phone lines, the show's producers announced that voters will be given four hours to vote after next week's finale instead of the normal two hours.

So, Rob, get your phones dialing now.

ROB MARCIANO, CNN CORRESPONDENT: I've got it in speed dial.

Good morning, again, Carol.

(WEATHER REPORT)

COSTELLO: Specialist Jeremy Sivits pleads guilty in the first court-martial stemming from the Iraqi prisoner abuse scandal. We've got live reports for you from Baghdad, where the court proceedings are playing out. Harris Whitbeck is there and CNN's Susan Candiotti has reaction from Hyndman, Pennsylvania, Specialist Sivits's hometown.

But, Harris, let's start with you.

What's happening inside the courtroom now?

HARRIS WHITBECK, CNN CORRESPONDENT: Carol, Specialist Jeremy Sivits continues to give his testimony, as we reported earlier. He has already pled guilty to charges of conspiracy to maltreat detainees, dereliction of duty for willfully failing to protect detainees from abuse and maltreatment of detainees. And in the testimony that he is giving now, he has referred specifically to events that occurred on November 8 of last year at Abu Ghraib Prison. He identified "six or seven" other soldiers who were involved in abuse of the detainees and he gave explicit details of punching of detainees, positioning them in sexual positions.

He also described an incident in which Private First Class Lynndie England lined up some of those naked detainees and pointed to their genitals and laughed. He also choked up a couple of times when he described two particularly brutal beatings, one in which Corporal Charles Graner punched a detainee in the head and knocked him out cold. He also described another incident in which a detainee was punched in the chest, he fell to the ground and he says that at that time a medic had to come in with an inhaler to help this detainee start breathing again.

Again, Sivits choked up when describing these beatings during the delivery of his testimony. That testimony continues at this hour inside this improvised courtroom at the Baghdad Convention Center -- Carol.

COSTELLO: Harris, explain more. You say Sivits is choked up, Sivits choked up.

What does that mean?

WHITBECK: Well, he actually broke down. He was describing in a lot of detail the incident in which these detainees were beaten. And as he did that, he had to stop for a second. The judge told him to take all the time he needed to regain his composure. And when he did, he continued describing those incidents. But his voice was breaking up. His voice was -- vocal cords were vibrating and he was visibly emotionally upset by what was transpiring, by what he was describing.

COSTELLO: Harris Whitbeck reporting live from Baghdad.

Again, Jeremy Sivits pleading guilty this morning. The hearing is ongoing. He's telling about what happened inside that prison, obviously, to the judge in this case. The judge a senior officer of the military. We're going to head live to Pennsylvania now to check in with Susan Candiotti.

She's in Jeremy Sivits's hometown -- Susan, what's going on there today?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Well, it is a dark and dreary morning. However, an emotional prayer vigil among a sea of yellow ribbons on the eve of Jeremy Sivits's court-martial here in his hometown of Hyndman, Pennsylvania.

His young wife and parents have been turning down all media interview requests. However, they broke their silence at this prayer vigil. Sivits's father, a Vietnam vet, thanked everyone for their support and said no matter what, he loves his son. it's a close-knit community here. Only about a thousand or so residents. There are few strangers and there is much sympathy for Sivits. What he's pleading guilty to, abusing prisoners, witnessing abuse and not saying anything about it, people here say it just doesn't sound like him. Many claim that he was thrown into a bad situation, trained as a mechanic with a military Guard Reserve unit and then finding himself guarding prisoners at Abu Ghraib Prison.

Jeremy Sivits may not be coming home for a while, serving time for his offenses, probably. And he is expected to testify against others.

However, when he does come back, most people here say he will be welcomed home. His father says he will walk proudly with him -- Carol.

COSTELLO: Susan Candiotti live from Pennsylvania this morning.

Our legal analyst, Kendall Coffey, will join us live in the next half hour to explain the court-martial process, and you won't want to miss that, so we can better understand what's going on in Baghdad this morning.

There is an accusation this morning that Army officials tried to keep the International Red Cross from making surprise spot inspections of Abu Ghraib Prison. The accusation is in a "New York Times" story this morning. It says the Red Cross observed alleged abuses in one area on two unannounced October inspections. The "Times" reports that after the Red Cross complained, the military said the agency should make appointments before visiting the prison the next time.

Fighting in Karbala between U.S. forces and fighters loyal to anti-American cleric Muqtada al-Sadr tops our look at the Iraq situation report this hour. The fighting near a shrine in the city broke out when U.S. forces approached a militia checkpoint. The militia is loyal to cleric Muqtada al-Sadr.

A Marine with the 1st Marine Expeditionary Force has died west of Baghdad in Anbar Province. The military says the death was not due to hostile action. About 3,600 U.S. Army troops from South Korea will be heading to Iraq by mid-summer. The troops will replace those whose tours of duty were extended during recent fighting.

The face of New York will be the forefront of the 9/11 Commission hearings today. Former Mayor Rudy Giuliani is set to take the stand. And given the contentious nature of day one of the hearings, he, too, could face some very tough questions.

CNN's Keith Oppenheim joins us live from New York to tell us more -- good morning, Keith.

KEITH OPPENHEIM, CNN CORRESPONDENT: Hi, there, Carol.

Well, the second day of hearings in New York will be an opportunity to talk to top officials, not only the former mayor, but the current mayor, as well, about what was known before the attacks and what was done after the attacks. But this day of questioning is probably going to be different in tone from yesterday, when, as you said, the Commission got very feisty and the presentations got very emotional for the families of victims.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: All right, I've got some (UNINTELLIGIBLE).

OPPENHEIM (voice-over): The hearings began with the playing of tape and the sound of firefighters and the pictures of rescue went on record.

DIANE HORNING, SON DIED IN 9/11 ATTACKS: I was warned. I knew it would be painful and it was.

OPPENHEIM: Those recordings were part of a general Commission finding that as a result of old turf battles, New York's police and fire departments were, in some ways, not prepared. Radio communications from one agency didn't reach or warn the other and more lives may have been lost as a result.

JOHN LEHMAN, 9/11 COMMISSIONER: The command and control and communications of this city's public service is a scandal.

OPPENHEIM: 9/11 Commission member John Lehman blasted the rivalry culture, which he said created confusion in a crisis.

THOMAS VON ESSEN, FORMER NYFD COMMISSIONER: I think it's outrageous that you make a statement like that.

OPPENHEIM: But the former fire and police commissioners said the agencies did the best they possibly could. Later, current department heads emphasized a new agreement that clarifies which agency, police or fire, takes the lead in various emergencies.

MINDY KLEINBERG, HUSBAND DIED IN ATTACKS: That seems ridiculous to me that two and a half years later, they wouldn't have sat down and said look, you know what, we need to make a decision here. OPPENHEIM: But some relatives of victims question whether the cooperation is as good as it needs to be, especially when officials keep repeating New York is a likely target for another attack.

(END VIDEOTAPE)

OPPENHEIM: Carol, in the end, New York's current emergency managers seemed to convince the Commission that the city has made some progress. But now, as former Mayor Rudolph Giuliani gets ready to testify, the questions will likely focus on what intelligence, if any, did New York City have from Washington before September 11 -- back to you.

COSTELLO: Keith Oppenheim reporting live from New York City.

Here are some more stories making news across America this Wednesday.

A shoulder-held rocket launcher was found near a section of commuter rail tracks here in Atlanta. The FBI says the rocket launcher may be the type used for military training and probably isn't powerful enough to stop a train or bring down a plane. The training models can be bought at gun shops.

In Santa Ana, California, dramatic testimony in the rape trial of three teenagers who were arrested after a videotape of the alleged attack surfaced. Their teenaged victim took the stand for the first time. She said she thinks she was drugged. She admits having consensual sex with two of the defendants the night before this incident.

A former Hooters Restaurant manager is facing 57 criminal counts for allegedly taping job applicants as they undressed. Juan Aponte is being held on half a million dollars bail ahead of his arraignment next week. Prosecutors say he secretly taped 14 women as they changed into their Hooters waitress uniforms. Some of the women were under 18. If convicted, Aponte faces up to 19 years in prison.

Still to come on DAYBREAK, the Arab TV networks are covering the courts-martial in Baghdad this morning and you may be surprised at their reporting.

Plus, you know it's getting more expensive to travel by car. Now a major airline says its costs are going up, too, but passengers will soon have a low cost choice. We'll tell you about it.

And later, we don't always have time to cook. So what's the most healthful thing you can heat and eat from your freezer?

This is DAYBREAK for May 19.

(COMMERCIAL BREAK)

COSTELLO: Your news, money, weather and sports.

It is 6:14 Eastern. Here's what's all new this morning. just about an hour ago, Specialist Jeremy Sivits did plead guilty to abusing Iraqi prisoners. Sivits is the first soldier to be tried in the prisoner abuse scandal at Abu Ghraib Prison in Baghdad.

John Kerry and Ralph Nader are scheduled to meet today at Kerry's campaign headquarters in Washington. Nader's spokesman says the possibility of Nader withdrawing from the race is not on the agenda.

In money news, experts expect the housing market to cool down compared to the last few years. New construction dipped last month after brisk building in March.

In sports, the Tampa Bay Lightning just a game away from the Stanley Cup finals after beating the Philadelphia Flyers 4-2. The Lightning lead the best of seven series three games to two.

In culture, Court TV may be the only outlet for Martha Stewart now. Her show, "Martha Stewart Living," will suspend production after its run ends in September. The show has already been dropped from stations in most major markets.

To the forecast center and Rob.

MARCIANO: Hi, Carol.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you.

Time now for a little business buzz.

The battle in the skies between low fare air carriers is heating up and so are discounts on some ticket prices.

Carrie Lee joins us live from the NASDAQ market site. On, this is music to my ears.

CARRIE LEE, CNN CORRESPONDENT: Let me start with Independence Airlines, Carol, set to unveil some details of its summer 2004 launch. This is the company that used to be known as Atlantic Coast Airlines. They used to operate commuter flights for Delta and United. Well now, Independence says it's going to become the nation's largest low cost airline.

Here's a look at what their planes look like -- pretty snazzy. And they say that by the end of the summer, they're going to offer more than 600 flights daily, including big cities such as Chicago, Boston, Orlando, San Francisco, L.A., Dallas, Denver and New York. Interesting because they're going to be operating out of Dulles, which hasn't had a lot of low fare competition lately. United's Ted came in not too long ago, a few months ago. So it looks like the low fare carrier war is heating up in Dulles. So it could be good bargains there for people -- Carol.

I also want to tell you Continental now raising flights -- flight prices to offset high jet fuel costs. So they're going to be raising prices effective immediately, $10 each way for flights under 1,000 miles; $20 each way for those over 1,000 miles. Continental says it has to consider wage and benefit cuts if these higher fares don't help company finances. So a big warning basically out of Continental. We'll see if other carriers follow suit. And you know how this works -- when one carrier raises prices, others tend to do it, as well.

COSTELLO: True. Especially if people still are buying tickets and it's a success.

LEE: Right.

COSTELLO: Why not charge more money?

LEE: Right. And we've been talking about more and more people getting set to travel for the summer. So if the demand is there, well, the prices could very well stick this time around. They tried to do it a couple of times. They've had to roll back the prices. But high jet fuel one of the airlines' biggest costs.

COSTELLO: Carrie Lee reporting live from the NASDAQ market site.

Military officials want the world to know how its meting out justice in the Iraqi prison abuse scandal. Specialist Jeremy Sivits's court-martial open to the press. He's already plead guilty this morning.

What is the Arab world saying about it this morning?

Octavia Nasr, our Arab affairs editor, is monitoring Arab TV and she joins us on DAYBREAK this morning.

So, how are Al Jazeera and Al-Arabiya covering this?

OCTAVIA NASR, CNN CORRESPONDENT: Well, they've covering it. Leading up to it was very interesting, because they see this as an exciting moment, you know, a chance for them to be inside the courtroom, report on what's going on, which is a pretty unique experience for Arab media. They've done it in the U.S. and elsewhere, but never in an Arab country.

Now, of course, you have those who are saying Iraqis should be the ones trying these M.P.s, not U.S. judges or military judges. So you're always going to have the skeptics. You're always going to have those that will have a complaint. But basically it's being covered, as you saw in these pictures from Al Jazeera. It's an exciting time for Arab media.

COSTELLO: What affect -- you mentioned that some Iraqis are upset that this isn't being tried in an Iraqi court by Iraqis. But if the courts-martial are public enough, will that kind of quiet the critics?

NASR: It will. But at the same time, you have to understand Arab media are looking at these trials and they're going to take the evidence from there and report on them. They're going to take the testimonies and report on them. So the public is going to have a lot more to deal with than those pictures that we've seen that created the uproar.

So, you know, the critics are going to be quieted by the openness of these courts. But if you look at Arab media and analyze it, there's going to be a lot more for the public to fuel up their anger.

COSTELLO: You were talking before, actually before this program, about an interesting documentary that's going to air on Al Jazeera.

Tell us about it.

NASR: Well, they did, as a matter of fact. It's a show that aired already. It will air again. It's about the female detainees at Abu Ghraib. You know, we didn't hear about female detainees yet at Abu Ghraib. Apparently the tours that the U.S. has offered at Abu Ghraib did not allow any media to see the detainees. So that is interesting.

What we're looking at here is the opposite direction. This is Al Jazeera's most controversial show. It's the Arab world's most controversial show by any standards. Yesterday, their topic was prisons and abuse in prisons. And what they did yesterday, they tackled the issue of prison abuse in Arab jails. And they asked the question -- they have an unscientific poll, just like we do here at CNN. Basically the question was why do you think Arab leaders did not condemn the acts and the prison abuse about Abu Ghraib? Do you think because what they do in their prisons is a lot worse?

Well, they had about 3,000 people respond to that poll. More than 80 percent said that, yes, basically the Arab world believed that Arab jails also abuse prisoners, a lot worse than what we've seen in these pictures.

COSTELLO: Interesting.

NASR: But, you know, the saying that a picture is worth a thousand words, you know, the cliche?

COSTELLO: Yes.

NASR: Well, it works perfectly here, because Arabs have been complaining for many, many years, and especially the press, especially the media. They complain about abuses in Arab jails. No one does anything about it. It doesn't go noticed the same way this scandal has been noticed. Which proves -- and this is what Arab media tell us -- you know, these pictures made the story. If Arabs had pictures of the abuses that are taking place in Arab jails, they would have had a much bigger story, as well.

COSTELLO: Interesting.

Interesting stuff.

Thank you, Octavia Nasr. I'm just hearing some new news in from Baghdad right now, that court-martial, special court-martial going on for Specialist Jeremy Sivits. He has been found guilty of all charges. He did plead guilty at the beginning of this hearing, though, about an hour ago. And in between, he was telling the judge in this case, the presiding judge, about what he did wrong and the court-martial, the proceedings, the judge has found him guilty. Sentencing is yet to come.

We'll take you live back to Baghdad to find out when the sentencing will come down.

But, again, Specialist Jeremy Sivits has been found guilty on all charges in the Abu Ghraib prisoner abuse scandal.

Still to come on DAYBREAK, wait until you hear about the gadget one company has come up with to help you lose weight.

And our DAYBREAK Photo of the Day. What is it? We'll tell you right after this.

(COMMERCIAL BREAK)

ANNOUNCER: This is CNN breaking news.

COSTELLO: More about that breaking news to tell you about. I told you just a few minutes ago that Specialist Jeremy Sivits has been found guilty on all charges in the special court-martial going on right now in Baghdad.

Let's head live there now to check in with Harris Whitbeck to find out more.

Tell us -- Harris.

WHITBECK: Carol, the military court is now in recess. It took a 10 minute recess after the judge declared Jeremy Sivits guilty of all charges. You will recall that Sivits declared himself guilty at the beginning of this process. The judge now must decide the sentencing. And one point to keep in mind is that Sivits was originally scheduled to be discharged from the Army in November of 2004. The maximum prison sentence he could receive would be one year. And if he were to be in prison even after November 2004, he would no longer be paid at that time.

So, again, the judge is now deciding on the sentence. But the news out of Baghdad at this hour is that Specialist Jeremy Sivits, the first U.S. soldier to be court-martialed in relation to the Abu Ghraib abuse cases, has been declared guilty and will soon be sentenced -- Carol.

COSTELLO: And, Harris, tell us again, the audio portion of this proceeding was heard by reporters. Tell us again about Jeremy Sivits's testimony in this case and if he mentioned anything about orders coming from anywhere to partake in the abuse he did inside Abu Ghraib. WHITBECK: Well, he described in explicit detail some of the abuse that took place there. He talked about the punching of prisoners, about the positioning of them in compromising positions, sexual positions. He also talked about some soldiers, specifically Private First Class Lynndie England laughing as she pointed to the genitals of some naked detainees. And he also choked up a couple of times when he described how detainees were punched and knocked down to the ground, in one case, knocked down so hard that a medic had to be called in to help this detainee start breathing normally again.

So it was a very, very graphic description of what went on in one day, on November 8, at the Abu Ghraib Prison here in Baghdad.

COSTELLO: Well, I know that not all of the information has come out yet because information comes very slowly, because I know that reporters are listening to the audio portion of the tape in a different place than you are.

But were any questions asked of him about where the orders came from or if any orders came from higher-ups to do these kinds of interrogations at Abu Ghraib?

WHITBECK: I couldn't address that, Carol, at this time. I simply don't know. I don't know this yet.

COSTELLO: I understand.

I absolutely understand.

David Clinch had mentioned before that they were kind of trying to decide whether Jeremy Sivits would be found guilty on a fourth charge.

Was he convicted on all charges, or of three of four?

WHITBECK: Apparently it was all charges and the sentencing is now what will take place.

But, yes, apparently it was all charges.

COSTELLO: All right, Harris Whitbeck reporting live out of Baghdad this morning.

We're going to take a break right now.

We're going to take a break.

We'll be right back.

(COMMERCIAL BREAK)

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Aired May 19, 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: A guilty plea from the first American soldier to face a court-martial in the prisoner abuse scandal.
This is DAYBREAK for Wednesday, May 19.

And good morning to you.

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

Let me bring you up to date now.

The court-martial of Specialist Jeremy Sivits has begun in Baghdad. It is still going on. Sivits is the first to be tried on charges he abused prisoners at the Abu Ghraib Prison. He has plead guilty. We'll have more on this court proceeding in just a few minutes. We're going to take you live to Baghdad.

Are prisoners in Afghanistan being abused? The top U.S. commander in Afghanistan has begun a probe of prison conditions and allegations of abuse of facilities under this command.

The 9/11 Commission finishes up its latest round of hearings in New York today. Former Mayor Rudy Giuliani and Homeland Security Director Tom Ridge are expected to testify.

In money news, the average gallon of unleaded gas has broken the $2 barrier. The price has jumped almost eight cents in just the last week.

In sports, no runs, no hits, no errors, no nothing -- Randy Johnson of the Arizona Diamondbacks tosses a perfect game against the Atlanta Braves. At 40 years old, Johnson is the oldest person to pitch a perfect game. Good for him.

In culture, more time for "American Idol" voters. In an effort to combat jammed phone lines, the show's producers announced that voters will be given four hours to vote after next week's finale instead of the normal two hours.

So, Rob, get your phones dialing now.

ROB MARCIANO, CNN CORRESPONDENT: I've got it in speed dial.

Good morning, again, Carol.

(WEATHER REPORT)

COSTELLO: Specialist Jeremy Sivits pleads guilty in the first court-martial stemming from the Iraqi prisoner abuse scandal. We've got live reports for you from Baghdad, where the court proceedings are playing out. Harris Whitbeck is there and CNN's Susan Candiotti has reaction from Hyndman, Pennsylvania, Specialist Sivits's hometown.

But, Harris, let's start with you.

What's happening inside the courtroom now?

HARRIS WHITBECK, CNN CORRESPONDENT: Carol, Specialist Jeremy Sivits continues to give his testimony, as we reported earlier. He has already pled guilty to charges of conspiracy to maltreat detainees, dereliction of duty for willfully failing to protect detainees from abuse and maltreatment of detainees. And in the testimony that he is giving now, he has referred specifically to events that occurred on November 8 of last year at Abu Ghraib Prison. He identified "six or seven" other soldiers who were involved in abuse of the detainees and he gave explicit details of punching of detainees, positioning them in sexual positions.

He also described an incident in which Private First Class Lynndie England lined up some of those naked detainees and pointed to their genitals and laughed. He also choked up a couple of times when he described two particularly brutal beatings, one in which Corporal Charles Graner punched a detainee in the head and knocked him out cold. He also described another incident in which a detainee was punched in the chest, he fell to the ground and he says that at that time a medic had to come in with an inhaler to help this detainee start breathing again.

Again, Sivits choked up when describing these beatings during the delivery of his testimony. That testimony continues at this hour inside this improvised courtroom at the Baghdad Convention Center -- Carol.

COSTELLO: Harris, explain more. You say Sivits is choked up, Sivits choked up.

What does that mean?

WHITBECK: Well, he actually broke down. He was describing in a lot of detail the incident in which these detainees were beaten. And as he did that, he had to stop for a second. The judge told him to take all the time he needed to regain his composure. And when he did, he continued describing those incidents. But his voice was breaking up. His voice was -- vocal cords were vibrating and he was visibly emotionally upset by what was transpiring, by what he was describing.

COSTELLO: Harris Whitbeck reporting live from Baghdad.

Again, Jeremy Sivits pleading guilty this morning. The hearing is ongoing. He's telling about what happened inside that prison, obviously, to the judge in this case. The judge a senior officer of the military. We're going to head live to Pennsylvania now to check in with Susan Candiotti.

She's in Jeremy Sivits's hometown -- Susan, what's going on there today?

SUSAN CANDIOTTI, CNN CORRESPONDENT: Well, it is a dark and dreary morning. However, an emotional prayer vigil among a sea of yellow ribbons on the eve of Jeremy Sivits's court-martial here in his hometown of Hyndman, Pennsylvania.

His young wife and parents have been turning down all media interview requests. However, they broke their silence at this prayer vigil. Sivits's father, a Vietnam vet, thanked everyone for their support and said no matter what, he loves his son. it's a close-knit community here. Only about a thousand or so residents. There are few strangers and there is much sympathy for Sivits. What he's pleading guilty to, abusing prisoners, witnessing abuse and not saying anything about it, people here say it just doesn't sound like him. Many claim that he was thrown into a bad situation, trained as a mechanic with a military Guard Reserve unit and then finding himself guarding prisoners at Abu Ghraib Prison.

Jeremy Sivits may not be coming home for a while, serving time for his offenses, probably. And he is expected to testify against others.

However, when he does come back, most people here say he will be welcomed home. His father says he will walk proudly with him -- Carol.

COSTELLO: Susan Candiotti live from Pennsylvania this morning.

Our legal analyst, Kendall Coffey, will join us live in the next half hour to explain the court-martial process, and you won't want to miss that, so we can better understand what's going on in Baghdad this morning.

There is an accusation this morning that Army officials tried to keep the International Red Cross from making surprise spot inspections of Abu Ghraib Prison. The accusation is in a "New York Times" story this morning. It says the Red Cross observed alleged abuses in one area on two unannounced October inspections. The "Times" reports that after the Red Cross complained, the military said the agency should make appointments before visiting the prison the next time.

Fighting in Karbala between U.S. forces and fighters loyal to anti-American cleric Muqtada al-Sadr tops our look at the Iraq situation report this hour. The fighting near a shrine in the city broke out when U.S. forces approached a militia checkpoint. The militia is loyal to cleric Muqtada al-Sadr.

A Marine with the 1st Marine Expeditionary Force has died west of Baghdad in Anbar Province. The military says the death was not due to hostile action. About 3,600 U.S. Army troops from South Korea will be heading to Iraq by mid-summer. The troops will replace those whose tours of duty were extended during recent fighting.

The face of New York will be the forefront of the 9/11 Commission hearings today. Former Mayor Rudy Giuliani is set to take the stand. And given the contentious nature of day one of the hearings, he, too, could face some very tough questions.

CNN's Keith Oppenheim joins us live from New York to tell us more -- good morning, Keith.

KEITH OPPENHEIM, CNN CORRESPONDENT: Hi, there, Carol.

Well, the second day of hearings in New York will be an opportunity to talk to top officials, not only the former mayor, but the current mayor, as well, about what was known before the attacks and what was done after the attacks. But this day of questioning is probably going to be different in tone from yesterday, when, as you said, the Commission got very feisty and the presentations got very emotional for the families of victims.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: All right, I've got some (UNINTELLIGIBLE).

OPPENHEIM (voice-over): The hearings began with the playing of tape and the sound of firefighters and the pictures of rescue went on record.

DIANE HORNING, SON DIED IN 9/11 ATTACKS: I was warned. I knew it would be painful and it was.

OPPENHEIM: Those recordings were part of a general Commission finding that as a result of old turf battles, New York's police and fire departments were, in some ways, not prepared. Radio communications from one agency didn't reach or warn the other and more lives may have been lost as a result.

JOHN LEHMAN, 9/11 COMMISSIONER: The command and control and communications of this city's public service is a scandal.

OPPENHEIM: 9/11 Commission member John Lehman blasted the rivalry culture, which he said created confusion in a crisis.

THOMAS VON ESSEN, FORMER NYFD COMMISSIONER: I think it's outrageous that you make a statement like that.

OPPENHEIM: But the former fire and police commissioners said the agencies did the best they possibly could. Later, current department heads emphasized a new agreement that clarifies which agency, police or fire, takes the lead in various emergencies.

MINDY KLEINBERG, HUSBAND DIED IN ATTACKS: That seems ridiculous to me that two and a half years later, they wouldn't have sat down and said look, you know what, we need to make a decision here. OPPENHEIM: But some relatives of victims question whether the cooperation is as good as it needs to be, especially when officials keep repeating New York is a likely target for another attack.

(END VIDEOTAPE)

OPPENHEIM: Carol, in the end, New York's current emergency managers seemed to convince the Commission that the city has made some progress. But now, as former Mayor Rudolph Giuliani gets ready to testify, the questions will likely focus on what intelligence, if any, did New York City have from Washington before September 11 -- back to you.

COSTELLO: Keith Oppenheim reporting live from New York City.

Here are some more stories making news across America this Wednesday.

A shoulder-held rocket launcher was found near a section of commuter rail tracks here in Atlanta. The FBI says the rocket launcher may be the type used for military training and probably isn't powerful enough to stop a train or bring down a plane. The training models can be bought at gun shops.

In Santa Ana, California, dramatic testimony in the rape trial of three teenagers who were arrested after a videotape of the alleged attack surfaced. Their teenaged victim took the stand for the first time. She said she thinks she was drugged. She admits having consensual sex with two of the defendants the night before this incident.

A former Hooters Restaurant manager is facing 57 criminal counts for allegedly taping job applicants as they undressed. Juan Aponte is being held on half a million dollars bail ahead of his arraignment next week. Prosecutors say he secretly taped 14 women as they changed into their Hooters waitress uniforms. Some of the women were under 18. If convicted, Aponte faces up to 19 years in prison.

Still to come on DAYBREAK, the Arab TV networks are covering the courts-martial in Baghdad this morning and you may be surprised at their reporting.

Plus, you know it's getting more expensive to travel by car. Now a major airline says its costs are going up, too, but passengers will soon have a low cost choice. We'll tell you about it.

And later, we don't always have time to cook. So what's the most healthful thing you can heat and eat from your freezer?

This is DAYBREAK for May 19.

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COSTELLO: Your news, money, weather and sports.

It is 6:14 Eastern. Here's what's all new this morning. just about an hour ago, Specialist Jeremy Sivits did plead guilty to abusing Iraqi prisoners. Sivits is the first soldier to be tried in the prisoner abuse scandal at Abu Ghraib Prison in Baghdad.

John Kerry and Ralph Nader are scheduled to meet today at Kerry's campaign headquarters in Washington. Nader's spokesman says the possibility of Nader withdrawing from the race is not on the agenda.

In money news, experts expect the housing market to cool down compared to the last few years. New construction dipped last month after brisk building in March.

In sports, the Tampa Bay Lightning just a game away from the Stanley Cup finals after beating the Philadelphia Flyers 4-2. The Lightning lead the best of seven series three games to two.

In culture, Court TV may be the only outlet for Martha Stewart now. Her show, "Martha Stewart Living," will suspend production after its run ends in September. The show has already been dropped from stations in most major markets.

To the forecast center and Rob.

MARCIANO: Hi, Carol.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines for you.

Time now for a little business buzz.

The battle in the skies between low fare air carriers is heating up and so are discounts on some ticket prices.

Carrie Lee joins us live from the NASDAQ market site. On, this is music to my ears.

CARRIE LEE, CNN CORRESPONDENT: Let me start with Independence Airlines, Carol, set to unveil some details of its summer 2004 launch. This is the company that used to be known as Atlantic Coast Airlines. They used to operate commuter flights for Delta and United. Well now, Independence says it's going to become the nation's largest low cost airline.

Here's a look at what their planes look like -- pretty snazzy. And they say that by the end of the summer, they're going to offer more than 600 flights daily, including big cities such as Chicago, Boston, Orlando, San Francisco, L.A., Dallas, Denver and New York. Interesting because they're going to be operating out of Dulles, which hasn't had a lot of low fare competition lately. United's Ted came in not too long ago, a few months ago. So it looks like the low fare carrier war is heating up in Dulles. So it could be good bargains there for people -- Carol.

I also want to tell you Continental now raising flights -- flight prices to offset high jet fuel costs. So they're going to be raising prices effective immediately, $10 each way for flights under 1,000 miles; $20 each way for those over 1,000 miles. Continental says it has to consider wage and benefit cuts if these higher fares don't help company finances. So a big warning basically out of Continental. We'll see if other carriers follow suit. And you know how this works -- when one carrier raises prices, others tend to do it, as well.

COSTELLO: True. Especially if people still are buying tickets and it's a success.

LEE: Right.

COSTELLO: Why not charge more money?

LEE: Right. And we've been talking about more and more people getting set to travel for the summer. So if the demand is there, well, the prices could very well stick this time around. They tried to do it a couple of times. They've had to roll back the prices. But high jet fuel one of the airlines' biggest costs.

COSTELLO: Carrie Lee reporting live from the NASDAQ market site.

Military officials want the world to know how its meting out justice in the Iraqi prison abuse scandal. Specialist Jeremy Sivits's court-martial open to the press. He's already plead guilty this morning.

What is the Arab world saying about it this morning?

Octavia Nasr, our Arab affairs editor, is monitoring Arab TV and she joins us on DAYBREAK this morning.

So, how are Al Jazeera and Al-Arabiya covering this?

OCTAVIA NASR, CNN CORRESPONDENT: Well, they've covering it. Leading up to it was very interesting, because they see this as an exciting moment, you know, a chance for them to be inside the courtroom, report on what's going on, which is a pretty unique experience for Arab media. They've done it in the U.S. and elsewhere, but never in an Arab country.

Now, of course, you have those who are saying Iraqis should be the ones trying these M.P.s, not U.S. judges or military judges. So you're always going to have the skeptics. You're always going to have those that will have a complaint. But basically it's being covered, as you saw in these pictures from Al Jazeera. It's an exciting time for Arab media.

COSTELLO: What affect -- you mentioned that some Iraqis are upset that this isn't being tried in an Iraqi court by Iraqis. But if the courts-martial are public enough, will that kind of quiet the critics?

NASR: It will. But at the same time, you have to understand Arab media are looking at these trials and they're going to take the evidence from there and report on them. They're going to take the testimonies and report on them. So the public is going to have a lot more to deal with than those pictures that we've seen that created the uproar.

So, you know, the critics are going to be quieted by the openness of these courts. But if you look at Arab media and analyze it, there's going to be a lot more for the public to fuel up their anger.

COSTELLO: You were talking before, actually before this program, about an interesting documentary that's going to air on Al Jazeera.

Tell us about it.

NASR: Well, they did, as a matter of fact. It's a show that aired already. It will air again. It's about the female detainees at Abu Ghraib. You know, we didn't hear about female detainees yet at Abu Ghraib. Apparently the tours that the U.S. has offered at Abu Ghraib did not allow any media to see the detainees. So that is interesting.

What we're looking at here is the opposite direction. This is Al Jazeera's most controversial show. It's the Arab world's most controversial show by any standards. Yesterday, their topic was prisons and abuse in prisons. And what they did yesterday, they tackled the issue of prison abuse in Arab jails. And they asked the question -- they have an unscientific poll, just like we do here at CNN. Basically the question was why do you think Arab leaders did not condemn the acts and the prison abuse about Abu Ghraib? Do you think because what they do in their prisons is a lot worse?

Well, they had about 3,000 people respond to that poll. More than 80 percent said that, yes, basically the Arab world believed that Arab jails also abuse prisoners, a lot worse than what we've seen in these pictures.

COSTELLO: Interesting.

NASR: But, you know, the saying that a picture is worth a thousand words, you know, the cliche?

COSTELLO: Yes.

NASR: Well, it works perfectly here, because Arabs have been complaining for many, many years, and especially the press, especially the media. They complain about abuses in Arab jails. No one does anything about it. It doesn't go noticed the same way this scandal has been noticed. Which proves -- and this is what Arab media tell us -- you know, these pictures made the story. If Arabs had pictures of the abuses that are taking place in Arab jails, they would have had a much bigger story, as well.

COSTELLO: Interesting.

Interesting stuff.

Thank you, Octavia Nasr. I'm just hearing some new news in from Baghdad right now, that court-martial, special court-martial going on for Specialist Jeremy Sivits. He has been found guilty of all charges. He did plead guilty at the beginning of this hearing, though, about an hour ago. And in between, he was telling the judge in this case, the presiding judge, about what he did wrong and the court-martial, the proceedings, the judge has found him guilty. Sentencing is yet to come.

We'll take you live back to Baghdad to find out when the sentencing will come down.

But, again, Specialist Jeremy Sivits has been found guilty on all charges in the Abu Ghraib prisoner abuse scandal.

Still to come on DAYBREAK, wait until you hear about the gadget one company has come up with to help you lose weight.

And our DAYBREAK Photo of the Day. What is it? We'll tell you right after this.

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ANNOUNCER: This is CNN breaking news.

COSTELLO: More about that breaking news to tell you about. I told you just a few minutes ago that Specialist Jeremy Sivits has been found guilty on all charges in the special court-martial going on right now in Baghdad.

Let's head live there now to check in with Harris Whitbeck to find out more.

Tell us -- Harris.

WHITBECK: Carol, the military court is now in recess. It took a 10 minute recess after the judge declared Jeremy Sivits guilty of all charges. You will recall that Sivits declared himself guilty at the beginning of this process. The judge now must decide the sentencing. And one point to keep in mind is that Sivits was originally scheduled to be discharged from the Army in November of 2004. The maximum prison sentence he could receive would be one year. And if he were to be in prison even after November 2004, he would no longer be paid at that time.

So, again, the judge is now deciding on the sentence. But the news out of Baghdad at this hour is that Specialist Jeremy Sivits, the first U.S. soldier to be court-martialed in relation to the Abu Ghraib abuse cases, has been declared guilty and will soon be sentenced -- Carol.

COSTELLO: And, Harris, tell us again, the audio portion of this proceeding was heard by reporters. Tell us again about Jeremy Sivits's testimony in this case and if he mentioned anything about orders coming from anywhere to partake in the abuse he did inside Abu Ghraib. WHITBECK: Well, he described in explicit detail some of the abuse that took place there. He talked about the punching of prisoners, about the positioning of them in compromising positions, sexual positions. He also talked about some soldiers, specifically Private First Class Lynndie England laughing as she pointed to the genitals of some naked detainees. And he also choked up a couple of times when he described how detainees were punched and knocked down to the ground, in one case, knocked down so hard that a medic had to be called in to help this detainee start breathing normally again.

So it was a very, very graphic description of what went on in one day, on November 8, at the Abu Ghraib Prison here in Baghdad.

COSTELLO: Well, I know that not all of the information has come out yet because information comes very slowly, because I know that reporters are listening to the audio portion of the tape in a different place than you are.

But were any questions asked of him about where the orders came from or if any orders came from higher-ups to do these kinds of interrogations at Abu Ghraib?

WHITBECK: I couldn't address that, Carol, at this time. I simply don't know. I don't know this yet.

COSTELLO: I understand.

I absolutely understand.

David Clinch had mentioned before that they were kind of trying to decide whether Jeremy Sivits would be found guilty on a fourth charge.

Was he convicted on all charges, or of three of four?

WHITBECK: Apparently it was all charges and the sentencing is now what will take place.

But, yes, apparently it was all charges.

COSTELLO: All right, Harris Whitbeck reporting live out of Baghdad this morning.

We're going to take a break right now.

We're going to take a break.

We'll be right back.

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