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CNN Live At Daybreak

Latest Terror Warnings from Government Authorities; Latest Peace Offering by Radical Cleric Muqtada Al-Sadr

Aired May 27, 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: Have you seen any of these people? The FBI says they could be in America and working for al Qaeda.
This is DAYBREAK for Thursday, May 27.

And good morning to you.

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

Here are the latest headlines for you now.

An offer to end weeks of fighting in the Iraqi holy city of Najaf. A radical Shiite cleric is making the offer. But U.S. military commanders say his proposal, well, they've heard it before. They remain skeptical this morning.

Police sources say radical Muslim cleric Abu Hamza al-Masri has been arrested in London. Al-Masri is accused of supporting al Qaeda. He's reportedly scheduled to appear at a court hearing today. Washington wants him extradited to the United States.

In money, United Airlines is feeling the pressure from high oil prices. The nation's second largest airline says it's raising its fuel surcharge by $5 per flight.

In sports, the "Rocky Mountain News" reports that University of Colorado football coach Gary Barnett is expected to keep his job. The football program has been investigated for using sex, drugs and alcohol to attract recruits.

In pop culture, you just knew it -- Fantasia. She is America's newest "American Idol" winner. She edges out Diana DeGarmo for a recording contract and instant celebrity status. Congrats, Fantasia -- Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: We have word this morning from the Gadahn family. Adam Gadahn is one of seven people the FBI wants to speak with about possible terrorist activity here in the United States. He's from California and his family says they haven't seen him for a few years.

This is his brother.

(BEGIN VIDEO CLIP)

OMAR GADAHN, BROTHER: The last we spoke to him he was in Pakistan, Kabul, I think.

QUESTION: And what was he doing?

GADAHN: He said he was writing for a newspaper and that he was ready to have a baby. So he got married (UNINTELLIGIBLE). That's the last time we talked to him, in March of 2001, around then.

(END VIDEO CLIP)

COSTELLO: Live to D.C. now and Bill Prasad for word on Gadahn's alleged al Qaeda accomplices or not -- tell us more, Bill.

BILL PRASAD, CNN CORRESPONDENT: Good morning, Carol.

Plenty of names, plenty of faces and plenty of targets. The FBI is asking Americans to keep their eyes open, but it's still not clear what we're looking for.

(BEGIN VIDEOTAPE)

PRASAD (voice-over): Officials present seven pictures of people they'd like to question.

ROBERT MUELLER, FBI DIRECTOR: Each of these individuals is known to have a desire and the ability to undertake planning, facilitation and attack against the United States.

PRASAD: But no date, location or method for what officials say may be a planned terrorist attack on U.S. soil in the next five months. It may also be an attempt to influence the November elections. Officials say the intelligence is credible.

JOHN ASHCROFT, ATTORNEY GENERAL: This disturbing intelligence indicates al Qaeda's specific intention to hit the United States hard.

PRASAD: It will be a season of terrorist temptations. There are sports events, Fourth of July celebrations, the economic summit in Georgia and the national political conventions. It all begins this weekend, with the WWII Memorial dedication in Washington and the Indianapolis 500.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: Memorial Day represents the start of our summer period here in America and it is important for all Americans to be on a heightened state of awareness.

PRASAD: Awareness at a time of increased traffic at airports and a number of high profile events.

(END VIDEOTAPE)

PRASAD: Officials say they're not raising the terror alert level because their intelligence is not specific. What is clear is they're asking Americans to be on guard at a time when most Americans would rather be on vacation -- Carol.

COSTELLO: Bill Prasad reporting live from Washington, D.C. this morning.

U.S. military commanders say they've heard it all before, but there is a proposal on the table this morning. It involves radical cleric Muqtada al-Sadr and his militia.

Let's head live to Baghdad to find out more and CNN's Guy Raz -- Guy, tell us what this proposal is.

GUY RAZ, CNN CORRESPONDENT: Carol, conflicting information coming out of Najaf at this moment. It seems as if Muqtada al-Sadr has temporarily put a hold on his offer to withdraw his militia, his Mahdi militia, from the center of Najaf. Now, earlier today, there was encouraging word coming out of Najaf that this young radical cleric would order his soldiers, his fighters, to withdraw from the center of Najaf in exchange for some demands.

Now, according to, as I say, conflicting reports, those demands have not yet been met. He's not yet satisfied that they will be met. He's calling on U.S. forces to completely withdraw from Najaf, to the outskirts of town, where a U.S. base is located. He's also calling for a return of an Iraqi led police patrol to Najaf and also for U.S. coalition authorities to temporarily suspend an arrest warrant that's out on Muqtada al-Sadr. That warrant was issued by an Iraqi court earlier this year in connection with the assassination of a rival Shiite cleric last year. Sadr is implicated in that attack.

Now, as you say, this announcement earlier today was greeted with a considerable amount of skepticism by U.S. forces on the ground. They've heard it before. But last night it was fairly quiet in Najaf and there are signs that Sadr is appearing to concede at this time -- Carol.

COSTELLO: Guy Raz reporting live from Baghdad this morning.

Another double duty day for Kobe Bryant. He'll be in court this afternoon and on the court tonight. At issue today, though, a court date and who had sex with whom and when.

Adrian Baschuk is in Eagle, Colorado and joins us with a look at today's schedule -- good morning, Adrian.

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

Now, today's hearing is going to be decidedly different. First, the clock is ticking to trial. It must start within five and a half months from today and, also, unlike most of the other hearings, today's hearing, most of it, at least, will be open to the public.

(BEGIN VIDEOTAPE)

BASCHUK (voice-over): Kobe Bryant has appeared in the Eagle, Colorado Courthouse for 10 separate rounds of hearings since last August. Today, his eleventh trip, begins with debate over a defense motion scrutinizing the crime scene investigation conducted at the Cordillera Resort.

CRAIG SILVERMAN, FORMER DENVER DEPUTY DISTRICT ATTORNEY: The issue becomes can the defense call expert witnesses to say that the crime scene investigation by the cops was woefully lacking?

BASCHUK: Judge Terry Ruckriegle will then address a defense motion asking that the alleged victim's AT&T text messaging records be released. No such case law in Colorado has ever been established. The hearings will then move behind closed doors and by day's end, the judge may issue a trial date, something the accuser's mother has demanded due to hundreds of angry phone calls, including death threats, her daughter has received.

CYNTHIA STONE, SPOKESWOMAN, COALITION AGAINST SEXUAL ASSAULT: We're sure that this is going to be some at least small relief for the victim and her family.

BASCHUK: After the hearing, Bryant flies back to L.A. for game five. It's now a routine trip for Bryant and a routine success.

MARC MOSER, RADIO TALK SHOW HOST: And you want to take Kobe Bryant, you want to...

BASCHUK: Colorado's top rated sports radio hosts say fans have mixed reactions to the case, especially since Bryant's performances have been so stellar on days he's been in court.

MOSER: He put himself in that situation. I think people have a hard time feeling sympathy for him. The athletic feat itself certainly is admirable.

(END VIDEOTAPE)

BASCHUK: Now, we certainly can't marginalize what the alleged victim is going through in this case. However, there are plenty of Lakers fans nationwide extremely concerned whether or not Kobe Bryant will make it to this game five tonight. Do to so, he would have to leave here by 4:30 p.m. Mountain Time. Incidentally, the last hearing, the proceedings wrapped up at exactly 4:34 -- Carol.

COSTELLO: All right, Adrian Baschuk reporting live from Eagle, Colorado this morning.

Time to check more DAYBREAK legal briefs. Jury selection expected to wrap up today in the Scott Peterson murder trial. It took nine weeks to choose the 12 jurors and six alternates who will hear the case. The trial begins next Tuesday.

It took an Oklahoma jury around five hours to convict Terry Nichols. Nichols was found guilty on 161 counts of first degree murder for his part in the Oklahoma City bombing. The jury must now decide whether he'll face the death penalty. The penalty phase of the trial is set to begin next Tuesday.

And the family of Michael Jackson's alleged victim may sue the Department of Child Services and the County of Los Angeles. They filed a claim for damages over the leak of a confidential report on the family. A Department report posted last December said the allegations against Jackson were unfounded.

Art imitating life -- or does it? A new movie depicts a global catastrophe. Should we be worried? We'll talk to an expert from the Pew Center on Global Climate Change.

And candid comments about "lower economic people" raises eyebrows. Did Bill Cosby cross the line? What more he had to say.

This is DAYBREAK for Thursday.

COMMERCIAL

COSTELLO: Time for a little business buzz now.

Detroit auto makers hope you'll get the motor running and get their SUVs on the highway and off the dealers' lots.

Carrie Lee joins us live from the NASDAQ market site with more.

So, SUVs really are losing popularity?

CARRIE LEE, CNN CORRESPONDENT: Well, they are still popular in terms of buying, Carol. But it's, in part, because they've been lowering prices on some of these models. According to J.D. Power & Associates, U.S. auto makers have cranked up the rebates on SUVs in the past couple of weeks. Rebates are up 17 percent compared to the same time a year ago. The average rebate now $2,910. And if you're looking at the bigger, more luxury oriented SUVs, well, the deals here are even greater.

Now, the big three auto makers say the surge in gas prices has not hurt SUV sales, but now we kind of know why, because if you're offering such good incentives or such high incentives, then people are going to buy them even with gas prices above the $2 a barrel mark.

I also just want to note, you know, a lot of people talking about hybrid cars. The big three automakers are investing heavily in them. You can only buy hybrids right now in the U.S. from Toyota and Honda, but G.M. is working on a hybrid bus and they're unveiling it this week in the Seattle area. So good for the Seattle community as far as hybrids are concerned -- Carol.

COSTELLO: Interesting to see how much they'll cost, because usually they're expensive, aren't they?

LEE: They are more expensive. In fact, this is more expensive, but they do have much better fuel economy. In fact, they can radical cleric emissions by as much as 90 percent.

COSTELLO: Wow.

LEE: So it's six of one, half a dozen of another.

COSTELLO: And that's a good thing. LEE: Yes.

COSTELLO: A quick look at the futures before you go?

LEE: Things looking flat to slightly higher for today's session. We'll get a look at weekly jobless claims and also a second look at first quarter GDP across the broadest measure of the goods and services produced in this country. So that could give us some direction. But right now looking like a pretty lackluster open.

COSTELLO: All right, Carrie Lee live from the NASDAQ market site.

Your news, money, weather and sports.

It is 6:14 Eastern.

Here's what's all new this morning.

A new warning from the FBI. A possible terror attack in the United States in the next few months, but nothing specific. The bulletin names seven possible suspects in connection with the latest threats.

One Iraqi was killed and six were wounded this morning in Baghdad. Their minivan was caught in a crossfire between U.S. troops and insurgents. The shootout erupted after a roadside bomb exploded.

In money news, after intense lobbying and months of delay, Wal- Mart has cracked the Chicago market. The city council has voted to rezone an area on Chicago's West Side for a Wal-Mart superstore.

In sports, Rasheed Wallace scored 20 points for the Detroit Pistons, as they beat the Indiana Pacers 85-78. That gives the Pistons a lead of two games to one in the Eastern Conference NBA finals.

In culture, Showtime has served up its final helping of "Soul Food." The network says it wants the series to go out on top. The fifth and final season of TV's longest running black drama ended with last night's episode -- Chad.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines this morning.

Legitimate concerns or much ado about nothing? Bill Cosby, the famous family man, gets serious heat for some candid comments about race.

Also, there's a new American idol. We'll tell you who was crowned belle of the ball, but I'll bet you know by now.

And our DAYBREAK Photo of the Day. What is it? We'll tell you when we come back.

COMMERCIAL

COSTELLO: Today has been designated as a national day of mourning in the Dominican Republic. Hundreds of people were killed when flooding caused a wall of mud to burst through their villages. Five hundred bodies have been recovered. An equal number still missing this morning. The death toll for the Dominican Republic and neighboring Haiti may reach well into the thousands.

In light of that, softball sized hail pounds Japan; India, snow; the United States, Manhattan flooded; and we mean it is underwater. And then there's the snow, hundreds of feet of snow. It's all depicted in "The Day After Tomorrow," a Hollywood movie that hopes to become an environmental disaster blockbuster.

Activists see it as a way to spark debate about global warming.

Let's head live to Washington and Elaine Claussen from the Pew Center On Global Climate Change.

Welcome.

ELAINE CLAUSSEN, PEW CENTER ON GLOBAL CLIMATE CHANGE: Thank you.

COSTELLO: You know, I've heard it a lot, this movie is just silly, it can't happen. I mean are, is there really that much of a danger from global warming?

CLAUSSEN: Well, I think what you said is right in a sense. I mean, no, it can't happen the way it does in the movie. But is global warming a serious issue and will we have serious effects from it? I think the answer is yes.

COSTELLO: A lot of people don't believe there is such a thing as global warming.

CLAUSSEN: I know that. I find it hard to believe. I mean it's not just the models, it's the fact that we can now see the effects of it.

COSTELLO: Tell us...

CLAUSSEN: And I think there's really no dispute over the fact that we're living in a greenhouse and if we keep doing what we're doing, it's going to get warmer.

COSTELLO: Tell us the effects. Has the temperature of the earth risen?

CLAUSSEN: Yes. The temperature of the earth has risen by sort of one degree, on average, over the last hundred years. But, if you go to a state like Alaska, it's gone up four degrees in 60 years. And you can really see the effects there. I mean the roads are buckling. There are potential problems with the Alaska pipeline. You have all kinds of things happening from global warming.

COSTELLO: How is it possible to prove, though, that that temperature increase is a direct result of global warming?

CLAUSSEN: Well, I think a lot of scientists have gone back and looked very carefully at natural variability, because the climate does change in a natural way. But the kinds of things we've seen seeing over the last century are not within the range of normal variability. I think it's pretty clear and actually almost all scientists really do think it's clear and a lot of people in industry. Even the people who would have to spend some amount of money to work on this problem think it's a problem, too.

COSTELLO: So if most scientists feel it's really a problem, why isn't something being done about it?

CLAUSSEN: Well, I think it's hard. You know, our whole economy is based on fossil fuels, whether it's the cars we drive or the planes we ride in; whether it's the electricity that comes from a coal fired power plant or even from the natural gas plant. All of that results in the gases that cause global warming. And so you're really talking about another industrial revolution. And that's hard. It doesn't just happen. You've got to plan for it, you've got to put money into it, you have to work really hard at it. And I think politically we haven't really gotten to the point where everyone is around the table and saying well, let's figure out the best way to do it.

COSTELLO: So...

CLAUSSEN: We still have some people who are not quite there.

COSTELLO: So will this over the top movie spur some kind of action, especially in these times, when there's so much more to worry about?

CLAUSSEN: Well, I'm not sure it's going to spur action. But what I hope it does is at least spur a bit of a debate, a bit of a discussion about how we might deal with this. That would be good, because we really need it and we really have to figure it out.

COSTELLO: Elaine Claussen joining us live from D.C. this morning.

Thank you very much.

CLAUSSEN: Thank you.

COSTELLO: Bill Cosby is not finished yet. The comedian gave an interview following a backlash to his controversial comments about some African-Americans.

CNN's Tom Forman follows up on the story.

(BEGIN VIDEOTAPE)

(BEGIN VIDEO CLIP FROM "THE TAVIS SMILEY SHOW," COURTESY PBS)

BILL COSBY, COMEDIAN: I see those people...

(END VIDEO CLIP)

TOM FORMAN, CNN CORRESPONDENT (voice-over): Cosby came to public television to explain why he is speaking out against problems in the black community.

(BEGIN VIDEO CLIP FROM "THE TAVIS SMILEY SHOW," COURTESY PBS)

COSBY: You can't just blame white people for this, man. You can't. Where are the -- I mean right-wing or left, some people are not parenting.

TAVIS SMILEY, HOST: But there are a lot of them...

(END VIDEO CLIP)

FORMAN: Back in Washington, D.C., the switchboard is still lighting up at radio station WOL every time they air the speech Cosby made, which started this controversy.

COSBY: The lower economic and lower middle economic people aren't holding up their end in this deal.

FORMAN: The comedian said those words during a fundraiser for Howard University and went on to attack African-Americans who waste money, who use improper English, who are single parents.

COSBY: No longer is a person embarrassed because they're pregnant without a husband. No longer is a boy considered an embarrassment if he tries to run away from being a father.

FORMAN: Cosby's comments were spurred when a 12-year-old Washington girl was injured by a stray bullet from a gunfight. The police chief criticized the culture of violence. Cosby went after the families of young men who wind up being arrested.

COSBY: Where were you when he was two? Where were you when he was 12? And how come you don't know he had a pistol?

FORMAN (on camera): Cosby has angered some African-Americans, despite many years of fundraising and activism in the black community.

(voice-over): But if they are waiting for an apology...

COSBY: For god's sake, turn around and let's have some meetings and say brother, let me explain to you.

FORMAN: He is making it clear they can keep waiting.

Tom Forman, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: A lot more to come on that subject in the hours to come on DAYBREAK and beyond.

Let's talk about our DAYBREAK Photo of the Day -- Chad, did you figure out what it was? Did you know beforehand?

MYERS: It is the holy grail, Carol. It is Lord Stanley's cup.

COSTELLO: That it is. Lord Stanley's cup. You know, our floor director Drew guessed it right away.

MYERS: Well, sure. I saw the names. I could tell right away, too. The rings were obvious.

COSTELLO: We're going to have to a do a better job of hiding these things.

All right, so that's our Photo of the Day.

MYERS: Awesome.

COSTELLO: What is coming up next?

Oh, here's what's all new in the next half hour of DAYBREAK.

A nation on alert -- the government says terrorists may be planning attacks in the U.S. or abroad. But for all the hoopla, many local police departments have a reaction that could surprise you.

And the leading man to run Iraq says he wants nothing to do with it. Find out why.

And could higher prices at the pump put the brakes on holiday travel? Coming up, our guest from AAA has some helpful tips for you to tackle the pump pinch.

This is DAYBREAK for Thursday.

COMMERCIAL

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Aired May 27, 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: Have you seen any of these people? The FBI says they could be in America and working for al Qaeda.
This is DAYBREAK for Thursday, May 27.

And good morning to you.

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

Here are the latest headlines for you now.

An offer to end weeks of fighting in the Iraqi holy city of Najaf. A radical Shiite cleric is making the offer. But U.S. military commanders say his proposal, well, they've heard it before. They remain skeptical this morning.

Police sources say radical Muslim cleric Abu Hamza al-Masri has been arrested in London. Al-Masri is accused of supporting al Qaeda. He's reportedly scheduled to appear at a court hearing today. Washington wants him extradited to the United States.

In money, United Airlines is feeling the pressure from high oil prices. The nation's second largest airline says it's raising its fuel surcharge by $5 per flight.

In sports, the "Rocky Mountain News" reports that University of Colorado football coach Gary Barnett is expected to keep his job. The football program has been investigated for using sex, drugs and alcohol to attract recruits.

In pop culture, you just knew it -- Fantasia. She is America's newest "American Idol" winner. She edges out Diana DeGarmo for a recording contract and instant celebrity status. Congrats, Fantasia -- Chad.

CHAD MYERS, CNN CORRESPONDENT: Good morning, Carol.

(WEATHER REPORT)

COSTELLO: We have word this morning from the Gadahn family. Adam Gadahn is one of seven people the FBI wants to speak with about possible terrorist activity here in the United States. He's from California and his family says they haven't seen him for a few years.

This is his brother.

(BEGIN VIDEO CLIP)

OMAR GADAHN, BROTHER: The last we spoke to him he was in Pakistan, Kabul, I think.

QUESTION: And what was he doing?

GADAHN: He said he was writing for a newspaper and that he was ready to have a baby. So he got married (UNINTELLIGIBLE). That's the last time we talked to him, in March of 2001, around then.

(END VIDEO CLIP)

COSTELLO: Live to D.C. now and Bill Prasad for word on Gadahn's alleged al Qaeda accomplices or not -- tell us more, Bill.

BILL PRASAD, CNN CORRESPONDENT: Good morning, Carol.

Plenty of names, plenty of faces and plenty of targets. The FBI is asking Americans to keep their eyes open, but it's still not clear what we're looking for.

(BEGIN VIDEOTAPE)

PRASAD (voice-over): Officials present seven pictures of people they'd like to question.

ROBERT MUELLER, FBI DIRECTOR: Each of these individuals is known to have a desire and the ability to undertake planning, facilitation and attack against the United States.

PRASAD: But no date, location or method for what officials say may be a planned terrorist attack on U.S. soil in the next five months. It may also be an attempt to influence the November elections. Officials say the intelligence is credible.

JOHN ASHCROFT, ATTORNEY GENERAL: This disturbing intelligence indicates al Qaeda's specific intention to hit the United States hard.

PRASAD: It will be a season of terrorist temptations. There are sports events, Fourth of July celebrations, the economic summit in Georgia and the national political conventions. It all begins this weekend, with the WWII Memorial dedication in Washington and the Indianapolis 500.

SCOTT MCCLELLAN, WHITE HOUSE PRESS SECRETARY: Memorial Day represents the start of our summer period here in America and it is important for all Americans to be on a heightened state of awareness.

PRASAD: Awareness at a time of increased traffic at airports and a number of high profile events.

(END VIDEOTAPE)

PRASAD: Officials say they're not raising the terror alert level because their intelligence is not specific. What is clear is they're asking Americans to be on guard at a time when most Americans would rather be on vacation -- Carol.

COSTELLO: Bill Prasad reporting live from Washington, D.C. this morning.

U.S. military commanders say they've heard it all before, but there is a proposal on the table this morning. It involves radical cleric Muqtada al-Sadr and his militia.

Let's head live to Baghdad to find out more and CNN's Guy Raz -- Guy, tell us what this proposal is.

GUY RAZ, CNN CORRESPONDENT: Carol, conflicting information coming out of Najaf at this moment. It seems as if Muqtada al-Sadr has temporarily put a hold on his offer to withdraw his militia, his Mahdi militia, from the center of Najaf. Now, earlier today, there was encouraging word coming out of Najaf that this young radical cleric would order his soldiers, his fighters, to withdraw from the center of Najaf in exchange for some demands.

Now, according to, as I say, conflicting reports, those demands have not yet been met. He's not yet satisfied that they will be met. He's calling on U.S. forces to completely withdraw from Najaf, to the outskirts of town, where a U.S. base is located. He's also calling for a return of an Iraqi led police patrol to Najaf and also for U.S. coalition authorities to temporarily suspend an arrest warrant that's out on Muqtada al-Sadr. That warrant was issued by an Iraqi court earlier this year in connection with the assassination of a rival Shiite cleric last year. Sadr is implicated in that attack.

Now, as you say, this announcement earlier today was greeted with a considerable amount of skepticism by U.S. forces on the ground. They've heard it before. But last night it was fairly quiet in Najaf and there are signs that Sadr is appearing to concede at this time -- Carol.

COSTELLO: Guy Raz reporting live from Baghdad this morning.

Another double duty day for Kobe Bryant. He'll be in court this afternoon and on the court tonight. At issue today, though, a court date and who had sex with whom and when.

Adrian Baschuk is in Eagle, Colorado and joins us with a look at today's schedule -- good morning, Adrian.

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

Now, today's hearing is going to be decidedly different. First, the clock is ticking to trial. It must start within five and a half months from today and, also, unlike most of the other hearings, today's hearing, most of it, at least, will be open to the public.

(BEGIN VIDEOTAPE)

BASCHUK (voice-over): Kobe Bryant has appeared in the Eagle, Colorado Courthouse for 10 separate rounds of hearings since last August. Today, his eleventh trip, begins with debate over a defense motion scrutinizing the crime scene investigation conducted at the Cordillera Resort.

CRAIG SILVERMAN, FORMER DENVER DEPUTY DISTRICT ATTORNEY: The issue becomes can the defense call expert witnesses to say that the crime scene investigation by the cops was woefully lacking?

BASCHUK: Judge Terry Ruckriegle will then address a defense motion asking that the alleged victim's AT&T text messaging records be released. No such case law in Colorado has ever been established. The hearings will then move behind closed doors and by day's end, the judge may issue a trial date, something the accuser's mother has demanded due to hundreds of angry phone calls, including death threats, her daughter has received.

CYNTHIA STONE, SPOKESWOMAN, COALITION AGAINST SEXUAL ASSAULT: We're sure that this is going to be some at least small relief for the victim and her family.

BASCHUK: After the hearing, Bryant flies back to L.A. for game five. It's now a routine trip for Bryant and a routine success.

MARC MOSER, RADIO TALK SHOW HOST: And you want to take Kobe Bryant, you want to...

BASCHUK: Colorado's top rated sports radio hosts say fans have mixed reactions to the case, especially since Bryant's performances have been so stellar on days he's been in court.

MOSER: He put himself in that situation. I think people have a hard time feeling sympathy for him. The athletic feat itself certainly is admirable.

(END VIDEOTAPE)

BASCHUK: Now, we certainly can't marginalize what the alleged victim is going through in this case. However, there are plenty of Lakers fans nationwide extremely concerned whether or not Kobe Bryant will make it to this game five tonight. Do to so, he would have to leave here by 4:30 p.m. Mountain Time. Incidentally, the last hearing, the proceedings wrapped up at exactly 4:34 -- Carol.

COSTELLO: All right, Adrian Baschuk reporting live from Eagle, Colorado this morning.

Time to check more DAYBREAK legal briefs. Jury selection expected to wrap up today in the Scott Peterson murder trial. It took nine weeks to choose the 12 jurors and six alternates who will hear the case. The trial begins next Tuesday.

It took an Oklahoma jury around five hours to convict Terry Nichols. Nichols was found guilty on 161 counts of first degree murder for his part in the Oklahoma City bombing. The jury must now decide whether he'll face the death penalty. The penalty phase of the trial is set to begin next Tuesday.

And the family of Michael Jackson's alleged victim may sue the Department of Child Services and the County of Los Angeles. They filed a claim for damages over the leak of a confidential report on the family. A Department report posted last December said the allegations against Jackson were unfounded.

Art imitating life -- or does it? A new movie depicts a global catastrophe. Should we be worried? We'll talk to an expert from the Pew Center on Global Climate Change.

And candid comments about "lower economic people" raises eyebrows. Did Bill Cosby cross the line? What more he had to say.

This is DAYBREAK for Thursday.

COMMERCIAL

COSTELLO: Time for a little business buzz now.

Detroit auto makers hope you'll get the motor running and get their SUVs on the highway and off the dealers' lots.

Carrie Lee joins us live from the NASDAQ market site with more.

So, SUVs really are losing popularity?

CARRIE LEE, CNN CORRESPONDENT: Well, they are still popular in terms of buying, Carol. But it's, in part, because they've been lowering prices on some of these models. According to J.D. Power & Associates, U.S. auto makers have cranked up the rebates on SUVs in the past couple of weeks. Rebates are up 17 percent compared to the same time a year ago. The average rebate now $2,910. And if you're looking at the bigger, more luxury oriented SUVs, well, the deals here are even greater.

Now, the big three auto makers say the surge in gas prices has not hurt SUV sales, but now we kind of know why, because if you're offering such good incentives or such high incentives, then people are going to buy them even with gas prices above the $2 a barrel mark.

I also just want to note, you know, a lot of people talking about hybrid cars. The big three automakers are investing heavily in them. You can only buy hybrids right now in the U.S. from Toyota and Honda, but G.M. is working on a hybrid bus and they're unveiling it this week in the Seattle area. So good for the Seattle community as far as hybrids are concerned -- Carol.

COSTELLO: Interesting to see how much they'll cost, because usually they're expensive, aren't they?

LEE: They are more expensive. In fact, this is more expensive, but they do have much better fuel economy. In fact, they can radical cleric emissions by as much as 90 percent.

COSTELLO: Wow.

LEE: So it's six of one, half a dozen of another.

COSTELLO: And that's a good thing. LEE: Yes.

COSTELLO: A quick look at the futures before you go?

LEE: Things looking flat to slightly higher for today's session. We'll get a look at weekly jobless claims and also a second look at first quarter GDP across the broadest measure of the goods and services produced in this country. So that could give us some direction. But right now looking like a pretty lackluster open.

COSTELLO: All right, Carrie Lee live from the NASDAQ market site.

Your news, money, weather and sports.

It is 6:14 Eastern.

Here's what's all new this morning.

A new warning from the FBI. A possible terror attack in the United States in the next few months, but nothing specific. The bulletin names seven possible suspects in connection with the latest threats.

One Iraqi was killed and six were wounded this morning in Baghdad. Their minivan was caught in a crossfire between U.S. troops and insurgents. The shootout erupted after a roadside bomb exploded.

In money news, after intense lobbying and months of delay, Wal- Mart has cracked the Chicago market. The city council has voted to rezone an area on Chicago's West Side for a Wal-Mart superstore.

In sports, Rasheed Wallace scored 20 points for the Detroit Pistons, as they beat the Indiana Pacers 85-78. That gives the Pistons a lead of two games to one in the Eastern Conference NBA finals.

In culture, Showtime has served up its final helping of "Soul Food." The network says it wants the series to go out on top. The fifth and final season of TV's longest running black drama ended with last night's episode -- Chad.

(WEATHER REPORT)

COSTELLO: Those are the latest headlines this morning.

Legitimate concerns or much ado about nothing? Bill Cosby, the famous family man, gets serious heat for some candid comments about race.

Also, there's a new American idol. We'll tell you who was crowned belle of the ball, but I'll bet you know by now.

And our DAYBREAK Photo of the Day. What is it? We'll tell you when we come back.

COMMERCIAL

COSTELLO: Today has been designated as a national day of mourning in the Dominican Republic. Hundreds of people were killed when flooding caused a wall of mud to burst through their villages. Five hundred bodies have been recovered. An equal number still missing this morning. The death toll for the Dominican Republic and neighboring Haiti may reach well into the thousands.

In light of that, softball sized hail pounds Japan; India, snow; the United States, Manhattan flooded; and we mean it is underwater. And then there's the snow, hundreds of feet of snow. It's all depicted in "The Day After Tomorrow," a Hollywood movie that hopes to become an environmental disaster blockbuster.

Activists see it as a way to spark debate about global warming.

Let's head live to Washington and Elaine Claussen from the Pew Center On Global Climate Change.

Welcome.

ELAINE CLAUSSEN, PEW CENTER ON GLOBAL CLIMATE CHANGE: Thank you.

COSTELLO: You know, I've heard it a lot, this movie is just silly, it can't happen. I mean are, is there really that much of a danger from global warming?

CLAUSSEN: Well, I think what you said is right in a sense. I mean, no, it can't happen the way it does in the movie. But is global warming a serious issue and will we have serious effects from it? I think the answer is yes.

COSTELLO: A lot of people don't believe there is such a thing as global warming.

CLAUSSEN: I know that. I find it hard to believe. I mean it's not just the models, it's the fact that we can now see the effects of it.

COSTELLO: Tell us...

CLAUSSEN: And I think there's really no dispute over the fact that we're living in a greenhouse and if we keep doing what we're doing, it's going to get warmer.

COSTELLO: Tell us the effects. Has the temperature of the earth risen?

CLAUSSEN: Yes. The temperature of the earth has risen by sort of one degree, on average, over the last hundred years. But, if you go to a state like Alaska, it's gone up four degrees in 60 years. And you can really see the effects there. I mean the roads are buckling. There are potential problems with the Alaska pipeline. You have all kinds of things happening from global warming.

COSTELLO: How is it possible to prove, though, that that temperature increase is a direct result of global warming?

CLAUSSEN: Well, I think a lot of scientists have gone back and looked very carefully at natural variability, because the climate does change in a natural way. But the kinds of things we've seen seeing over the last century are not within the range of normal variability. I think it's pretty clear and actually almost all scientists really do think it's clear and a lot of people in industry. Even the people who would have to spend some amount of money to work on this problem think it's a problem, too.

COSTELLO: So if most scientists feel it's really a problem, why isn't something being done about it?

CLAUSSEN: Well, I think it's hard. You know, our whole economy is based on fossil fuels, whether it's the cars we drive or the planes we ride in; whether it's the electricity that comes from a coal fired power plant or even from the natural gas plant. All of that results in the gases that cause global warming. And so you're really talking about another industrial revolution. And that's hard. It doesn't just happen. You've got to plan for it, you've got to put money into it, you have to work really hard at it. And I think politically we haven't really gotten to the point where everyone is around the table and saying well, let's figure out the best way to do it.

COSTELLO: So...

CLAUSSEN: We still have some people who are not quite there.

COSTELLO: So will this over the top movie spur some kind of action, especially in these times, when there's so much more to worry about?

CLAUSSEN: Well, I'm not sure it's going to spur action. But what I hope it does is at least spur a bit of a debate, a bit of a discussion about how we might deal with this. That would be good, because we really need it and we really have to figure it out.

COSTELLO: Elaine Claussen joining us live from D.C. this morning.

Thank you very much.

CLAUSSEN: Thank you.

COSTELLO: Bill Cosby is not finished yet. The comedian gave an interview following a backlash to his controversial comments about some African-Americans.

CNN's Tom Forman follows up on the story.

(BEGIN VIDEOTAPE)

(BEGIN VIDEO CLIP FROM "THE TAVIS SMILEY SHOW," COURTESY PBS)

BILL COSBY, COMEDIAN: I see those people...

(END VIDEO CLIP)

TOM FORMAN, CNN CORRESPONDENT (voice-over): Cosby came to public television to explain why he is speaking out against problems in the black community.

(BEGIN VIDEO CLIP FROM "THE TAVIS SMILEY SHOW," COURTESY PBS)

COSBY: You can't just blame white people for this, man. You can't. Where are the -- I mean right-wing or left, some people are not parenting.

TAVIS SMILEY, HOST: But there are a lot of them...

(END VIDEO CLIP)

FORMAN: Back in Washington, D.C., the switchboard is still lighting up at radio station WOL every time they air the speech Cosby made, which started this controversy.

COSBY: The lower economic and lower middle economic people aren't holding up their end in this deal.

FORMAN: The comedian said those words during a fundraiser for Howard University and went on to attack African-Americans who waste money, who use improper English, who are single parents.

COSBY: No longer is a person embarrassed because they're pregnant without a husband. No longer is a boy considered an embarrassment if he tries to run away from being a father.

FORMAN: Cosby's comments were spurred when a 12-year-old Washington girl was injured by a stray bullet from a gunfight. The police chief criticized the culture of violence. Cosby went after the families of young men who wind up being arrested.

COSBY: Where were you when he was two? Where were you when he was 12? And how come you don't know he had a pistol?

FORMAN (on camera): Cosby has angered some African-Americans, despite many years of fundraising and activism in the black community.

(voice-over): But if they are waiting for an apology...

COSBY: For god's sake, turn around and let's have some meetings and say brother, let me explain to you.

FORMAN: He is making it clear they can keep waiting.

Tom Forman, CNN, Washington.

(END VIDEOTAPE)

COSTELLO: A lot more to come on that subject in the hours to come on DAYBREAK and beyond.

Let's talk about our DAYBREAK Photo of the Day -- Chad, did you figure out what it was? Did you know beforehand?

MYERS: It is the holy grail, Carol. It is Lord Stanley's cup.

COSTELLO: That it is. Lord Stanley's cup. You know, our floor director Drew guessed it right away.

MYERS: Well, sure. I saw the names. I could tell right away, too. The rings were obvious.

COSTELLO: We're going to have to a do a better job of hiding these things.

All right, so that's our Photo of the Day.

MYERS: Awesome.

COSTELLO: What is coming up next?

Oh, here's what's all new in the next half hour of DAYBREAK.

A nation on alert -- the government says terrorists may be planning attacks in the U.S. or abroad. But for all the hoopla, many local police departments have a reaction that could surprise you.

And the leading man to run Iraq says he wants nothing to do with it. Find out why.

And could higher prices at the pump put the brakes on holiday travel? Coming up, our guest from AAA has some helpful tips for you to tackle the pump pinch.

This is DAYBREAK for Thursday.

COMMERCIAL

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