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Anderson Cooper 360 Degrees

New Iraqi Government Announced; New Information Released on Jose Padilla; Scott Peterson Trial Gets Under Way

Aired June 01, 2004 - 19:00   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.


ANDERSON COOPER, CNN ANCHOR: Good evening. I'm Anderson Cooper.
He was dubbed the dirty bomber but Jose Padilla's lawyer says the only thing dirty about him is the government's case, 360 starts right now.

(BEGIN VIDEOTAPE)

COOPER (voice-over): An American al Qaeda's alleged plan to attack the U.S. blowing up buildings but, why is the government releasing new details now?

An Iraqi president is chosen, a council takes shape, but who's really in charge and can the new Iraq run itself?

The Scott Peterson trial finally underway, opening statements, and a look at the prosecution's case.

How will John Kerry sell John Kerry, the raw politics of searching for a slogan that sticks?

"Paranormal Mysteries" do you believe John Edward communicates with the other side? We put your questions to the controversial psychic.

And, David Sedaris best-selling author, and my pick for the funniest writer in America.

(END VIDEOTAPE)

ANNOUNCER: Live from New York this is ANDERSON COOPER 360.

COOPER: Good evening.

It's the first step down an undoubtedly long and difficult road. That is how U.N. Envoy Lakhdar Brahimi characterizes the historic decisions in Iraq today. With 29 days until the handover, the governing council has handpicked an interim government. Its choice for the new interim president, this man, Sheikh Gazi al-Yawar, a tribal chief, a civil engineer by trade. He's also a critic of U.S. military tactics in Iraq.

Before the new government was sworn in, a reality check, two car bomb attacks. This one in Baghdad's heavily fortified Green Zone killed three Iraqis. The other near Baji (ph) killed another 11. President Bush warns the violence will continue even with the interim government in place. He says the new leaders have talent and resolve and that's what they'll need to get through the challenges ahead, more from CNN White House Correspondent Suzanne Malveaux.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): After intense negotiations between the U.S., U.N. and Iraqi officials, President Bush said Iraq's new interim government was one he could work with.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The naming of the new interim government brings us one step closer to realizing the dream of millions of Iraqis, a fully sovereign nation with a representative government that protects their rights and serves their needs.

MALVEAUX: The government's makeup, mostly of Iraqi exiles with close ties to Washington, has raised questions whether Iraqis will consider this new authority to be legitimate. The Bush administration denied handpicking Iraq's new leadership.

BUSH: I had no role in picking, zero.

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: These are not America's puppets. These are independent-minded Iraqis who are determined to take their country to security and democracy.

MALVEAUX: But there's still a question as to what that will mean for U.S. troops. The president acknowledged that the situation on the ground could get worse as the deadline to full Iraqi sovereignty draws near.

BUSH: Because I believe there will be more violence because there are still violent people who want to stop progress.

MALVEAUX: Earlier in the day, Mr. Bush spoke with U.N. Secretary-General Kofi Annan and offered public praise to the international body.

(END VIDEOTAPE)

MALVEAUX: And in a sign, of course, that the U.S. is eager to move forward in this process we have learned that the language of the U.S.-British-U.N. resolution has changed. It is now calling for that multinational force to leave Iraq by the end of the political process. That means the end of 2005, the beginning of 2006 -- Anderson.

COOPER: Suzanne Malveaux at the White House thanks Suzanne.

In the war on terror, new details released by the Justice Department today in its case against Jose Padilla, an American accused, suspected of plotting terror here in the U.S. held for the last two years as an enemy combatant.

Justice Correspondent Kelli Arena reports.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): He was dubbed the dirty bomber. The government said he planned to set off a radiological device in the United States. Now, newly-declassified documents allege Jose Padilla also planned to blow up apartment buildings using natural gas.

JAMES COMEY, DEPUTY ATTORNEY GENERAL: Once in the country they locate high rise apartment buildings that had natural gas supplied to all floors, that they rent two apartments in each building, seal those apartments, turn on the gas and set timers to detonate and destroy the buildings simultaneously at a later time.

ARENA: The new documents outlined Padilla's alleged relationship with al Qaeda leaders, including now deceased al Qaeda military head Mohammed Atef and September 11 mastermind Khalid Sheikh Mohammed. The government also sheds new light on his terror training with an emphasis on explosives.

COMEY: On May 8, 2002, a soldier of our enemy, a trained, funded and equipped terrorist stepped off that plane at Chicago's O'Hare, a highly-trained al Qaeda soldier who had accepted an assignment to kill hundreds of innocent men, women, and children.

ARENA: The Justice Department cites interrogations with Padilla but his lawyer says it's a one-sided expose of the government's version of events.

DONNA NEWMAN, PADILLA'S ATTORNEY: The government is simply saying, look, you're going to have to trust us. This is what he said. I don't know that that's what he said but more important there was nothing in that report that suggested any imminent danger.

ARENA: The deputy attorney general denies the timing of the release has anything to do with Padilla's pending Supreme Court case.

(END VIDEOTAPE)

ARENA: The high court will soon rule whether the government has the authority to hold U.S. citizens indefinitely as enemy combatants -- Anderson.

COOPER: All right, Kelli Arena thanks very much.

Padilla's legal team is outraged, of course, by the new accusations. You saw a lawyer there. Later on 360 I'll talk with one of his lawyers Donna Newman.

To California now and the Scott Peterson murder trial. Opening statements today with the prosecution laying out in detail its theory on how and why Peterson killed his wife and unborn child and, late today, new details emerging about his relationship with admitted mistress Amber Frye, covering the case for us CNN's David Mattingly.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): Scott Peterson's relationship with Amber Frye clearly important in the prosecution's case against him. A phone conversation recorded by Frye on New Year's Eve catches Scott lying about being in Europe.

Scott Peterson did not look as prosecutor Rick Distaso showed the jury pictures of him with girlfriend Amber Frye. Distaso detailed how wife Laci attended a Christmas party alone while Scott and Amber attended a party together in formal attire.

When confronted with these pictures, Distaso says Peterson told investigators "is that supposed to be me?" Peterson's family emerged from court unshaken waiting for the defense to take its turn.

UNIDENTIFIED MALE: Same stuff.

UNIDENTIFIED MALE: Same thing, nothing new. No evidence.

UNIDENTIFIED FEMALE: Except that he referred to it as a game.

MATTINGLY: But Peterson's affair is only part of a litany of deception and inconsistencies according to Distaso who said for the first time that Peterson claimed he left his home Christmas Eve morning at 9:30 but cell phone tower records show he was still at home.

Peterson told two people that night he went golfing when he later told investigators he went fishing and Distaso also said that the cover to Peterson's boat was covered with gasoline capable of dissolving any evidence of DNA.

In one moment of emotion, Laci Peterson's father Dennis was brought to tears when a picture of a smiling, pregnant Laci was shown to the court.

And then came the most painful display of all. The prosecution showed the jury autopsy photos of Laci and her unborn child they call Conner, getting the jump on the defense by explaining Laci's body was dumped in San Francisco Bay with her baby still inside her.

(END VIDEOTAPE)

MATTINGLY: A difficult moment for both families in the courtroom, prosecutor Rick Distaso calling this a common sense case. Tomorrow, defense attorney Mark Geragos has his turn -- Anderson.

COOPER: All right, David Mattingly thanks.

Laci Peterson's murder case continues to attract a lot of media attention of course, no doubt about that. What about another pregnant woman whose disappearance seven months before Laci Peterson disappeared and inspired far fewer headlines.

Here's a 360 "Flashback." The killing of Evelyn Hernandez, she was a 24-year-old Salvadoran immigrant. She was eight months pregnant when she disappeared in May, 2002. Two months later her body also washed ashore from San Francisco Bay. The body of the baby has never been found and her murder remains unsolved.

John Kerry talking nukes tops our look at what's going on "Cross Country" right now.

West Palm Beach, Florida, Kerry says nuclear terrorism is the gravest threat the United States faces. The Democrats' presumed nominee says he wants to stop the spread of nuclear material and end nuclear programs in countries like Iran and North Korea.

San Francisco now, an abortion ruling, a federal judge ruled against the Bush administration's ban on a type of late term abortion procedure saying it unconstitutionally blocks a woman's right to choose.

Miami, Ronnie Zamora released. Zamora set to be deported to his native Costa Rica after being released from a Florida prison after serving 27 years. Zamora was convicted of killing an elderly neighbor when he was a teenager. His defense was that violent TV shows like "Kojak" blurred the line between fantasy and reality and, yes, "Kojak" was once considered violent.

Eagle, Colorado now, Kobe's accuser, the judge sides with the defense and rules the woman accusing Kobe Bryant of rape cannot be referred to as a victim during the trial but can be called alleged victim.

New York, record high oil prices, the price of light sweet crude oil closed at an all time high, $42.33 a barrel, following the weekend attack on an oil workers' compound in Saudi Arabia.

That is a look at what's going on "Cross Country" right now.

360 next, "Playboy" family battle, a former centerfold loses custody of her kids because of her anger towards her ex-husband, is it justice served or denied? We'll take a closer look.

Also tonight, "Paranormal Mysteries" channeling the dead, is it all a hoax or a matter of faith? I'll ask this man, John Edward, who will also take some of your e-mails, part of our weeklong series.

And catchy phrases and theme songs, how to win an election with as few words as possible that is raw politics. We'll talk about all that ahead.

First let's take a look at your picks the most popular stories right now on cnn.com.

(COMMERCIAL BREAK)

COOPER: Well, New York may not be on that list but it is certainly no stranger to unusual custody battles but one taking place right now has even some long-time court watchers scratching their heads. A former "Playboy" model Bridget Marks (ph) has been embroiled in a nasty fight with a married casino executive with whom she had an affair. The affair resulted in twin girls who Marks has been raising by herself. Now a judge has awarded the father custody.

CNN's Jason Carroll is following the case in tonight's "Justice Served."

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): It was a personal moment that became a public one. Bridget Marks hugged her twin girls she had raised alone since birth before turning them over to their father John Aylesworth (ph), a married casino executive who she had had an affair with. Marks lost custody of the 4-year-olds during a bitter and, some psychologists say unusual battle with Aylesworth.

UNIDENTIFIED FEMALE: This is not what a father does for any reason. Children, if they do have to be taken away, it should be done in a gentle way.

CARROLL: A state court judge found Marks to be a fit mother but granted custody to Aylesworth and his wife because the judge ruled she had tried to alienate the twins from their father by making up allegations he touched them in an inappropriate way.

New York Family Court Judge Arlene Goldberg wrote: "The mother due to her anger over the father's failure to divorce his wife and marry her coached the children to make the allegations that they did."

Marks stands by the allegations. Neither Aylesworth nor his attorney would comment on the allegations or the case. Marks' family says a caring mother is now being punished for telling what she believes is the truth.

(END VIDEOTAPE)

CARROLL: And today a federal court judge refused to grant Marks a restraining order that would have allowed her to keep her twins but the federal judge did issue a stay until at least Monday to review the case.

COOPER: All right. Jason Carroll thanks very much for that.

A nationwide security alert tops our look at what is happening right now around the world. Let's check the "Up Link."

In France on alert getting ready for the 60th anniversary of the D-Day landings in Normandy on June 6, 1944, President Bush and more than a dozen world leaders will travel to France next week to remember what is still called the longest day.

Sasebo, Japan, a shocking crime, an 11-year-old girl stabbed a 12-year-old female classmate to death with an Exacto knife during lunch at an elementary school, no reason on motive. Rio de Janeiro, Brazil, a deadly prison riot yet again. At least 38 inmates killed, some dismembered during three days of rioting at a prison. The riot ended last night after police agreed to separate prisoners from different gangs.

In Jerusalem, recruiting spies online. Want to spy for Israel? Israel's Mossad Intelligence Agency has a website up and running in Hebrew and English aimed at boosting its pool of potential recruits.

That's what's happening in the "Up Link."

Tonight in Haiti deja vu, U.N. peacekeepers are back once again taking the baton from a U.S.-led multinational force. Their focus still the same trying to keep a tentative peace in the divided country, a tough task since rebels still control a significant chunk of Haitian real estate. Making matters worse, a new humanitarian crisis, devastating floods, Haiti still in turmoil though largely off the radar. How quickly we forget.

(BEGIN VIDEOTAPE)

COOPER: Well now to the tension in Haiti, more violence just hours ago.

(voice-over): In early February, Haiti was once again in the headlines. A bloody uprising finally led the U.S. to send some Marines and President Jean-Bertrand Aristide was forced into exile but soon after the media largely lost interest.

DAVID MALONE, PRESIDENT, INTERNATIONAL PEACE ACADEMY: Unfortunately for Haiti this new mission unfolds at a time when Iraqi, Ivory Coast and many other crises around the world are attracting more attention in key capitals.

COOPER: The U.S. has pledged some $150 million to rebuild and secure the country and some 8,300 U.N. peacekeepers, mostly from Latin America, will soon be patrolling the island. The peace, however, is fragile and it's not the first time the international community has made promises and then lost focus.

In 1994, U.S. Marines landed bringing back democratically elected President Jean-Bertrand Aristide to power. A year later the U.S. handed over the mission to the U.N. Millions were invested but chaos slowly crept back into the island leading to February's bloody uprising.

MALONE: For Haiti, there's always been deficit attention syndrome in Washington, in a number of other capitals.

COOPER: Keeping international attention, that's what Haitians are worried about today because they know how quickly we forget.

(END VIDEOTAPE)

COOPER: Well, 360 next, an American accused of plotting to blow up apartment buildings in the U.S. He hasn't been charged but he is being held anyway. Jose Padilla's lawyer joins us live. I'll ask her the tough questions. That's ahead.

Also tonight communicating with the dead, a real phenomenon or a money-making fraud, John Edward makes his case coming up, part of our special series "Paranormal Mysteries," do you believe?

And a little later, why married men cheat. Find out from a reporter who went undercover. The answers may surprise you. Be right back.

(COMMERCIAL BREAK)

COOPER: You no doubt remember the 1999 movie "The Sixth Sense" about a little boy with a dark secret. He can talk with ghosts those that don't even know they're dead. In a moment, we'll talk with John Edward who for some 20 years now has been working as a medium. He'll take some of your e-mails.

Edward may be the most popular TV psychic today but he is certainly not the first. The idea of crossing over has always been popular. The question is are we being double crossed?

Part two of our special series "Paranormal Mysteries" do you believe?

(BEGIN VIDEOTAPE)

JOHN EDWARD: What he keeps insisting is he's got his male to his side with him.

UNIDENTIFIED FEMALE: He has.

UNIDENTIFIED MALE: Yes. He's telling me he's got his brother.

COOPER (voice-over): Psychic medium, John Edward, might have brought talking to the dead into the mainstream but Edward is only the latest in the tradition of spiritualists and mystics in the U.S.

During the 1800s, mediums came into vogue when two sisters, Margaret and Catherine Fox, channeled a noisy ghost in their home. They later admitted to cracking their toe joints to make the knocking noises.

More recently, after death communication, or ADC as some call it, has made a comeback with best-selling mediums like James (unintelligible), Sylvia Brown, Rosemary Altea, George Anderson and John Edward.

UNIDENTIFIED MALE: I believe they are on the other side.

COOPER: According to a 2001 Gallup poll, 28 percent of Americans believe it is possible to communicate with the dead. That's up ten percent from 1990.

UNIDENTIFIED MALE: Nora, Noreen, there's some type of connection in this area with "N". COOPER: Skeptics say the modern psychic movement is the same old scam just with some new tricks, like rapid fire guesswork, a technique called cold reading.

MICHAEL SHERMER, PUBLISHER "SKEPTIC" MAGAZINE: The psychics are just making a lot of statements asking a lot of questions and seeing what sticks. That really represents nothing more than a fishing expedition.

COOPER: One scientist put a psychic dream team, including John Edward, to the test. Under controlled conditions, Harvard-trained psychologist Gary Schwartz studied five people he describes as the Michael Jordan's of the medium world.

GARY SCHWARTZ, PROFESSOR, UNIVERSITY OF ARIZONA: These special individuals were able to get highly specific information with accuracy rates that were as high as 80 to 90 percent and when people try to guess the information their average accuracy is 20 to 25 percent.

COOPER: Skeptics called this study inadequate saying it failed to use sufficient safeguards. Of course only those who crossed over to the other side know for sure.

(END VIDEOTAPE)

COOPER: Well, John Edward took part in that test. He's best known for his shown "Crossing Over." He's also written four books, has audio and videotapes on communicating with the dead and he travels the country holding lectures. We spoke earlier today.

(BEGIN VIDEOTAPE)

COOPER: How do you describe what it is you do?

JOHN EDWARD, PSYCHIC MEDIUM: Basically as a medium I act as an interpreter of energy and for me I think it's just a frequency of somebody who was once in a physical body who's no longer in that physical body.

COOPER: So you hear things, you see?

EDWARD: I see, hear and feel the information as it comes through that I'm connecting with energy wise. That's how it would kind of be portrayed to me.

COOPER: I mean what does that mean? What does it sound like in your head? What do you actually see?

EDWARD: Through meditation I calm my physical body down and I open myself up to pay attention to what it is that I think, what I am visually seeing in my mind and what I'm overall feeling and I just kind of put it together and interpret in my frame of reference what I think it means to me but oftentimes the interpretation will be off.

COOPER: Because critics and detractors, of which you obviously have many, say basically what you're doing is a cold reading. You're asking questions. You're getting answers. You're reading. You're very perceptive but it's basically a cold reading.

EDWARD: They'll say that or they'll say that I am, you know -- you hire private detectives or that you're, you know, your sophisticated Internet system kind of like researches everything and I have no answer for that. You know to me it's like the same thing when somebody says, you know, there's no God.

You know, I have a very, very strong belief and I have a very strong faith and I would never allow somebody to kind of say well that doesn't exist, so therefore this can't exist, they kind of go hand-in- hand for me.

COOPER: So, you don't actually see an aura around people. You don't see physical, some sort of physical presence around somebody?

EDWARD: If I wanted to see an aura around somebody I could definitely see the energy field, like for example when I leave here I'm hopping on a plane and I will be definitely checking every single person that's getting on the plane to make sure that they all have auras when they're getting on the plane so I will join them on that flight.

COOPER: Seriously, if you think you could see someone's aura on a plane, if they had a bad one you'd get off the plane?

EDWARD: In a heartbeat, not even a heartbeat, in a half a heartbeat.

COOPER: This is from Verna in Pennsylvania. "Have you gotten any readings from people that crossed over from 9/11?"

EDWARD: I've actually worked with a lot of families. What I found amazing during some of the groups that I -- that I conducted was that if one family members, let's say there was 100 people in the room, if there were five families in that room that had somebody who passed in some way on that date, one family would get through and then bring through some of the other families that they didn't even know. So, people are reunited here in loss. It was an amazing experience. I talked about it as the 9/11 factor.

COOPER: This is from April in Iowa. "Are there any exercises or techniques you recommend for individuals to get in touch with those who have passed on?" Because you think people, everyone can...

EDWARD: Absolutely.

COOPER: ...have some sort of ability.

EDWARD: Meditation and prayer for me are the two things I think, you know, with knowledge are the keys to help open yourself up.

COOPER: This one's from Roseanne (ph) in Washington. "My baby died in 1972. When I see him again will he be a baby or an adult?"

EDWARD: That's one of the top questions that people often ask me and I think it depends upon how her perception will be. If I do a reading for somebody who lost a 10-year-old child and it's five years later or ten years later, I might say to them, you know, oh you lost a 20-year-old, you have a 20-year-old son who's passed?

Even though the child was ten, they might come through to me as how old they would be if they were still here or it could be they'll come through as that same 10-year-old child. I believe we have what's called soul recognition so we'll be able to recognize the energy of the person by -- who they are energy wise.

So there will be a complete recognition and maybe she would have to see the energy of that person and she would recognize her son as being the baby that he was before she -- before that kind of like that -- that aspect of him personality wise would be shed.

COOPER: Just a few more. From Karen in Delaware, "can my loved one hear my thoughts when I talk to them"?

EDWARD: I believe when you project to them, even if it's not out loud, if it's a, you know, kind of a mental telepathic type of dialogue, absolutely they can, they can definitely, you know hear those thoughts.

I don't believe that they can read our minds. I believe that nobody can really read our minds in that kind of capacity but I do believe that we can project our thoughts and that's what prayer is, you know, when you're kind of like having that prayerful dialogue or that intent they are definitely getting it.

COOPER: John Edward thanks very much.

EDWARD: Thank you. Good seeing you.

COOPER: Good to see you.

(END VIDEOTAPE)

COOPER: Well, you may have heard some popping noises all throughout that interview. For the first time in our new set we had some audio trouble. Oddly it happened more than once. Wouldn't you know it that John Edward says this happens to him all the time with microphones, something he says has to do with psychic energy, coincidence? Take a look.

(BEGIN VIDEOTAPE)

EDWARD: Please, you know, enjoy it as like a story. I said...

(CREW TALK)

EDWARD: I affect mikes.

COOPER: Really?

EDWARD: All the time. It's like a $4,000 piece of equipment that the scientist was not very happy about. I think I just, I pay attention to... (CREW TALK)

EDWARD: I'm sorry.

COOPER: (Unintelligible).

(END VIDEOTAPE)

COOPER: Make of it what you will.

Today's "Buzz" is this. Do you believe it is possible to communicate with the dead? Log onto cnn.com/360, cast your vote, strong opinions on either side in this, results at the end of the show tonight.

Our series "Paranormal Mysteries" do you believe continues all week. Tomorrow extraterrestrial life, is the truth really out there? Some scientists are actually studying it.

Thursday, inside the world of psychics and, Friday, you've heard of pet psychics, we'll put one of them to the test with my own dog. Is there a message behind all her barking? We'll find out.

(BEGIN VIDEOTAPE)

COOPER (voice-over): An American al Qaeda's alleged plan to attack the U.S. blowing up buildings but why is the government releasing new details now?

How will John Kerry sell John Kerry, the raw politics of searching for a slogan that sticks?

And David Sedaris, best-selling author, and my pick for the funniest writer in America, 360 continues.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

COOPER: We have some breaking news to bring to you. Wire reports say that the FBI has just issued a nationwide alert for two stolen tanker trucks filled with thousands of gallons of volatile propane gas. The FBI says a San Antonio, Texas, gas company noticed the trucks, one carrying 3,000 gallons of propane, the other 2,500 gallons of propane, had been stolen when workers returned to work today from the Memorial Day holiday weekend.

The trucks were last seen a week ago. Federal investigators fear the propane could be used as a bomb but they stress there is no indication that is behind the theft. No more information at this time. We'll bring you any as we get it.

Time now for tonight's reset. In Baghdad, big step to self rule. A new interim government was chosen in Iraq today. President Bush praises it, saying it brings Iraq closer to a fully sovereign nation. But violence continued. Two car bombs in Baghdad killing 14 people. On Capitol Hill, questions about Halliburton and the vice president heating up. Today, Senator Patrick Leahy, the Vermont Democrat, is calling for congressional hearings on the controversy. He wants to know if Cheney had a role in awarding the reconstruction contract in Iraq to his old company.

In Washington, American Airlines paying up. The nation's No. 1 carrier will give the government $2.5 million. That to settle a federal claim accusing the airline of violating maintenance training and operations regulations.

In Seattle, derailed indefinitely. The city's monorail system will be off track until officials can determine it is safe. A fire apparently caused by an electrical short yesterday trapped as many as 100 people on the train.

And across the nation, building boom. Construction spending soars, it's third consecutive record high in April. Up one and a third percent. Experts say the jump is in response to worries about rising mortgage rates. That's a quick look at what's going on right now in the reset.

In our top story tonight the war on terror. The justice department goes public detailing its allegations against Jose Padilla, an American accused of plotting terror. For two years he has been held, mostly at a Navy brig in South Carolina yet never charged. The former Chicago gang member has been labeled an enemy combatant. The feds originally dubbed Padilla as the dirty bomber saying he was trained by al Qaeda to carry out such attack. The new accusations in declassified documents made public today, Padilla allegedly was plotting to blow up apartment buildings with natural gas. His lawyer Donna Newman joins me right now. Donna, thanks for being on the program.

Is Jose Padilla an al Qaeda terrorist?

DONNA NEWMAN, PADILLA'S ATTORNEY: We don't know. We only have the government's say-so. And that's the problem. What Mr. Comby (ph) did today is simply what we would call at court an opening statement. However, the trial is not about to happen because they won't allow it. They won't allow me an opening statement. They won't allow a jury to hear the evidence, and decide what they want is simply to make all the decisions themselves.

COOPER: They say that he has been designated an enemy combatant, therefore he does not have to be charged. He does not have to have his day in court any time soon or even a military tribunal any time soon. Also they say he needs to be an enemy combatant because he has active intelligence information they needed to get out. If he lawyered up, if it was a civil case as some say it should be, you would suggest, you know, don't give up any information.

NEWMAN: Let me take one of those at a time. Constantly what you're saying is the word they. They, they, they. From early, from the Magna Carta days going back, we have learned our very history is based on the concept that the executive cannot be the they, they, they. That there needs to be checks and balances. If there is such a thing as an enemy combatant as they say, then they need to go to Congress and let Congress define it and say, OK, when someone's an enemy combatant, this is what you, the executive, can do.

COOPER: But there has been a history, there was a Supreme Court case, I think it was 1944, with some German saboteur, that's where the notion of enemy combatant first came around.

NEWMAN: Actually, no. An enemy combatant that they are talking about is completely different -- how the government is now using it.

COOPER: Right, because those people were working for a foreign government whereas your client is alleged not to have been working for a government.

NEWMAN: Not only that, they were enemy soldiers and nobody is claiming that my client is an enemy soldier. In addition it's important to understand that these are allegations. And that they are not letting me respond to them, because, in fact, we have been told that we cannot respond. They zip our mouths but open theirs.

COOPER: You've only met with your client twice. You weren't allowed to see him for quite some time.

NEWMAN: Correct.

COOPER: But the allegations being brought out today are very serious and according to this document from the government, your client has admitted to at least some of them, admitted to going to an al Qaeda training camp in Afghanistan, admitted to taking on a mission of blowing up buildings in the United States.

NEWMAN: First of all, we don't know under what conditions these alleged admissions were made. And we are now, this nation, too savvy to just take an admission at face value. We know that admissions can be gotten, unfortunately, through coercion. So, we have to take that, but in addition, so what? That's not -- has nothing to do with the issue that is so important here that has to do with the authority. The constitution doesn't have a footnote that says, look, if you're a bad man, you don't get the constitution.

COOPER: The government argues that extraordinary times call for extraordinary measures and that if this man has intelligence value that can save American lives or save other people's lives, then he shouldn't be put into a court of law where a lawyer's going say don't say anything.

NEWMAN: If it is new rules, if you want new rules, if it's a new world out there, go to Congress. You don't have the authority. And if you take the authority of it yourself you are not following the rule of law. In the world, we are not looked kindly upon today. They are laughing at us because we're not following the rule of law. It's easy. Go to Congress.

COOPER: The Supreme Court is going to be ruling on this very shortly on the status of enemy combatants. Donna Newman, thank you for coming on, talking about Jose Padilla, your client.

NEWMAN: Thank you very much.

COOPER: Well, like any good product, a presidential candidate, Republican or Democrat, needs more than charm, wit and a good idea to make the sale. He needs a good, catchy slogan. John Kerry has been trying out a new phrase for the last couple of weeks. May be too soon to see if it sticks, but finding the right words to define a campaign, that's definitely part of raw politics.

(BEGIN VIDEOTAPE)

COOPER (voice-over): The John Kerry catch phrase circa December 2002.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: ...better set of choices.

COOPER: And in July, 2003.

KERRY: Safer and stronger and more secure.

COOPER: In November, the talk got tougher.

KERRY: We know he understands -- bring it on!

COOPER: Then, last month, a new phrase appeared, and this could be a keeper.

KERRY: We must let America be America again.

COOPER: He introduced it in Topeka on the anniversary of Brown versus the board of education. The line is from a 1938 poem by Langston Hughes that actually goes on to attack racism in America. For politicians finding the winning slogan can be more political science than art. Most candidates like to keep it short and simple.

William Henry Harrison won in 1840 with "Tippecanoe and Tyler, too." Abraham Lincoln's 1864 reelection line, "don't change horses in the middle of a stream." That was a winner. In 1928, Herbert Hoover promised "a chicken in every pot, a car in every garage." And in 1952 the simple, "I like Ike" helped Dwight Eisenhower win not one, but two terms. Nowadays slogans are a bit more sophisticated. Ronald Reagan in 1980.

RONALD REAGAN, FMR. PRESIDENT OF THE UNITED STATES: Are you better off than you were four years ago?

COOPER: And in 1984.

AD ANNOUNCER: It's morning again in America.

COOPER: George H.W. Bush in 1988.

GEORGE H.W. BUSH, FMR. PRESIDENT OF THE UNITED STATES: I want a kinder and gentler nation. Like a thousand points of light in a broad and peaceful sky.

COOPER: Bill Clinton in 1992.

SINGER: Don't stop thinking about tomorrow

COOPER: And in 1996.

BILL CLINTON, FMR. PRESIDENT OF THE UNITED STATES: We do have to build a bridge to the 21st century.

COOPER: And George W. Bush in 2000.

G.W. BUSH: I'm proud to be called a compassionate conservative.

COOPER: Finding the right slogan won't guarantee victory, but a good one will stick in voters' minds, becoming part of raw politics posterity.

(END VIDEOTAPE)

COOPER: Well, the cheating heart of the married man. Just ahead why so many of them are having affairs and looking for love over the Internet.

Also a little later, get ready to laugh out loud. David Sedaris, my favorite author, stops by to talk about his new book.

(COMMERCIAL BREAK)

COOPER: Well, the numbers vary widely, of course, but there's no doubting that many married men cheat on their wives. And thanks to the Internet, breaking vows has never been easier. "New York Post" reporter Heather Gilmore recently conducted an experiment. She posted an ad on a Web site seeking an affair with a married man. Three hundred and twenty men answered. She met six of them.

A male colleague posted a similar ad for a married woman. Not one responded to his ad.

Heather Gilmore joins us now. So does Tony DeLorenzo of infidelity.com, and author of "28 Telltale Signs of a Cheating Spouse." Thanks, both, for being on the show.

Heather, let's start off with this, 320 men responded? You met with six of them. What did they say? What were their reasons?

HEATHER GILMORE, WRITER, NY POST: Well, most of them, actually, have had very long, long marriages, or long connections with their partners. And they said that they were just basically missing that extra spark in their life, the excitement of meeting a new person.

COOPER: Tony, is that what you hear? Why is it married men say that they cheat?

TONY DELORENZO, INFIDELITY.COM: A lot of married men cheat because they think it's like a trophy. Some have hobbies. Their hobbies happen to be cheating.

COOPER: You met with these guys. What you had advertised was for good-looking, career-oriented, married man looking for a discreet and brief affair. What happened on these dates?

GILMORE: Well, surprisingly all of them didn't even really care about my situation, my current situation, even with my husband.

COOPER: They weren't asking anything about you.

GILMORE: No. No. I think they were just pleased that I was actually a woman and not a -- not a prankster. Well, I was, but not just anybody that's too crazy. It was more just they were trying to sell themselves. They really wanted me to continue the affair, and start it straight away, as well.

COOPER: They wanted to start right away?

GILMORE: Pretty much so. What I tried to do, though, is just say let's meet for coffee, see if there's some chemistry, and...

COOPER: Did they have any fear that their wives would find out?

GILMORE: Two of them actually said that this is -- I met them in an Upper West Side cafe in New York City. And two of them actually were very concerned about being in a similar neighborhood. One of them actually wanted to come inside. We had a hidden camera, and we were having a coffee outside. So they were a bit concerned about that. But they would take the risk. That's what it was all about.

COOPER: Tony, you say there are five signs to a cheating spouse. What are they?

DELORENZO: One is working a lot of overtime. Hiding the cell phone bill. Number one way to catch someone.

COOPER: The cell phone bill is the number one way?

DELORENZO: The number one way. Because you have a lover, it's on the cell phone bill.

COOPER: Right.

DELORENZO: Additional miles on odometer. You have hang-up phone calls. And the last one is saying, "it's your imagination." That's when you're getting too close and you're putting the person back on defense.

COOPER: Interesting. Most of the men who replied, were they Caucasian married men?

GILMORE: Well, I got a real array of different people who were replying. And most of them actually were Caucasian, and very professional. Men that you see just walking along the street. And that's what surprised me the most. Because when I met them, they also seemed very career-driven. Very smart, and very, as I said, professional. And that's what surprised me the most.

COOPER: Now, your colleague, who advertised for the women, didn't get any responses at all?

GILMORE: Yes, Bill Hoffman (ph) at "The New York Post." He's very, very -- well, feeling very rejected at the moment, but I think he'll get over it.

COOPER: He's taking it personally. Tony, are there points in a man's life where he is more likely to cheat?

DELORENZO: We usually find when the wife's pregnant, the child's born, and when the children are graduating high school.

COOPER: When his wife is pregnant he's more likely to cheat?

DELORENZO: Because a lot of times they're not getting any attention, they're not having any sex, so a lot of time they feel left out so they look for attention.

GILMORE: It's interesting you say that, Tony, because one of the ones out of the six that I met, he's just had a very newly born baby and he said exactly that to me.

DELORENZO: Or when the kids are graduating high school, they say, I was here for my children, now it's time for me to enjoy the rest of my life. And I'm leaving you.

COOPER: That's a sad note to end on. Tony DeLorenzo, thanks very much. Heather Gilmore, fascinating article. Thank you very much.

GILMORE: Thank you.

COOPER: Well, 360 next, a man who for my money is the funniest writer in America. Best-selling author, David Sedaris. If you don't know him, stick around. You should. He joins me to talk about TV, Santa and why he just can't stop touching people's heads. He'll explain.

And would you buy Christina Aguilera brand deodorant? Find out how she's betting you might. Coming up in "The Nth Degree."

(COMMERCIAL BREAK)

COOPER: Well, I first heard our next guest, David Sedaris, on the radio. He was reading a story he wrote about working as an elf in the Macy's Christmas display. I was driving in my car going to the airport and was laughing so hard I literally had to pull over to the side of the road. I actually missed my flight. Sedaris has a new book, just out today. It is called "Dress Your Family in Corduroy and Denim."

Earlier today, I talked to him about the book and about some of his, well, obsessive compulsive behaviors.

(BEGIN VIDEOTAPE)

COOPER: In the new book you talk about you have a compulsion to actually touch people on the heads when you're on an airplane.

DAVID SEDARIS, AUTHOR: Well, yes, if I find myself in a situation where I can't smoke, then I want to touch the person's head who's sitting in front of me.

And I just went to Bangkok. And every book I had about Bangkok said two things you don't ever do -- you never point your foot towards the Buddha and you never touch anyone's head. So then when they said, they made an express point, like don't touch anyone's head. It took everything I -- because if it's forbidden, then I need to do it.

COOPER: And you found that you can get away touching someone's head two or three times before they confront you?

SEDARIS: On an airplane, yeah. You do that where you pretend like you're getting out of your seat and you're just putting your hand on the seat ahead of you, and you just, you know, I don't -- you just -- I just need to touch it. And you can do that and say oh, I'm so sorry. And you can do it a second time and say, what a pest I am. But yeah, the third time they call for a flight attendant.

COOPER: You live overseas. You live in Paris. And when you travel a lot to a new country, as sort of an ice breaker you ask what does a rooster sound like in your country?

SEDARIS: Yeah, in every country the rooster sounds different. Like in France, a rooster says cocarico (ph). And in Greece, a rooster says kritiaki (ph).

COOPER: In France, the rooster says cocarico (ph)?

SEDARIS: Yeah. Which doesn't sound at all like a rooster to me. When I say no, actually it says cock-a-deedle-doo, they look at you like that's wrong. That's just insane for you to make that up. Every country has a different idea of what a rooster sounds like.

COOPER: Also, every country has a different idea about Santa Claus and about Christmas. And you write a lot in the new book about the Netherlands, their image of Saint Nick.

SEDARIS: It was crazy. Like St. Nicholas is a former bishop of Turkey, right? And now...

COOPER: This is in the Netherlands. The Dutch people believe this.

SEDARIS: And now he lives in Spain. And every year, he comes accompanied by six to eight black men, like no one can give you an exact number, but it's six to eight black men. And in the old days, if you were bad, Santa and the six to eight black men would beat you up and stuff you into a sack, right? They would kick you.

COOPER: This is Dutch tradition? SEDARIS: Right. And now, they, you know, they wanted to be a little bit gentler, so now Santa and the six to eight black men just pretend to kick you. Which I think is even stranger. You know, OK, tonight, a mans' going to come to the house with six to eight black men, and they might give you some presents or they might just pretend to kick you. We don't know -- we don't know which. It's just crazy to me.

COOPER: You also write about, as a kid, you used to spy on your neighbors, the Tomkies (ph). What was so fascinating about them?

SEDARIS: They didn't believe in TV. Which automatically made them suspect. But what I really remembered about that story, I mean, again it was written backwards from this -- I remember these people came to our house on November 1 trick-or-treating. And they said, we were out of town last night. So anyway, we're trick-or-treating now. And even as a child, you're thinking, that's called begging. That's not really called trick-or-treating. If you were out of town on Halloween, tough. When you come to my house on November 1 asking for the candy, that's my candy. That's my candy.

COOPER: And your mother made you give up your candy.

SEDARIS: Right, right.

COOPER: The other story I love is about you looking for an apartment. You're living in Paris. You've decided to find a new place to live. But you actually found a house, you actually found the perfect house, and unfortunately it wasn't really appropriate.

SEDARIS: If you buy an apartment, your worst fear is that you're going to see an apartment that's nicer than your own after you bought it. So I was at the Anne Frank house, right? Which is adorable. It's right on the canal. It's close to shopping and public transportation. It's a triplex. She lives in this charming triplex apartment. So I had real estate fever at the Anne Frank house.

And I thought for a moment, really, that this was an open house. You know, that we were all there -- we were all there with the option of buying this property. And so it was just a little story of being seized by real estate fever at the Anne Frank house. Which, again, is adorable.

(END VIDEOTAPE)

COOPER: That was David Sedaris. There is no one like him. His latest book, "Dress Your Family in Corduroy and Denim" came out today.

Time to check on some pop news in tonight's "Current." Let's take a look.

Paris Hilton is developing a fashion line. God help us all. The hotel heiress says the clothes will be just like the way she dresses. Look for high heels, earrings and, well, frankly not much else.

Is the pretty woman pregnant? Reps for Julia Roberts confirm that the actress is expecting twins. Considering her celebrity status, we suggest the hospital set aside two waiting rooms, one for family and one for the paparazzi.

Jerry Seinfeld is reportedly building a baseball field behind his $50 million Long Island estate. We don't know who is going to play on the field, but considering how much money Seinfeld has don't be surprised if he gets a knock on the door from free agents Gary Sheffield and David Wells.

And lawmakers in California are considering a bill that would measure pollutants in people. Under the proposed legislation, researchers would gather the data to determine how many toxins are in the human body. Memo to Courtney Love, don't go near those researchers.

Pop diva Christina Aguilera has new bold ambitions. It has nothing to do with her singing, but it's keeping her lawyers busy, very busy. Ahead, we take that to "The Nth Degree."

And tomorrow, extraterrestrial life. Is the truth really out there? Part of our week-long series, "Paranormal Mysteries: Do you Believe?"

And you still have time to weigh in on today's buzz -- do you believe it's possible to communicate with the dead? Vote now, cnn.com/360. Results when we come back.

(COMMERCIAL BREAK)

COOPER: Time now for "The Buzz." Earlier we asked you, do you believe it's possible to communicate with the dead? It's been a split vote all day. Fifty-three percent of you said yes; 47 percent of you said no. Not a scientific poll, but it is your buzz. Thanks for voting.

Tonight, taking trademarks to "The Nth Degree."

You might ask what 7,000-year-old cave drawings and Christina Aguilera have in common. The answer is trademarks. The prehistoric drawings of bison with symbols on their sides are believed to be the first marks of ownership. Ms. Aguilera, if published reports are true, apparently wants to trademark just about everything else under the sun. According to "The New York Daily News," Aguilera's lawyers have filed applications with the U.S. government to trademark 450 items. We're talking Christina Aguilera contact lenses, antiperspirant, badminton sets, panties, modeling clay, even electronic multiple activity toys, whatever those are.

Now far be it from us to criticize Ms. Aguilera for protecting her name. Hey, if I had done that, that mini cooper thing, I would have made a mint.

So in an effort to prevent further losses, we're hereby trademarking this segment. Hey, you've got to start somewhere.

Thanks for watching 360. I'm Anderson Cooper. Coming up next, "PAULA ZAHN NOW."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired June 1, 2004 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, CNN ANCHOR: Good evening. I'm Anderson Cooper.
He was dubbed the dirty bomber but Jose Padilla's lawyer says the only thing dirty about him is the government's case, 360 starts right now.

(BEGIN VIDEOTAPE)

COOPER (voice-over): An American al Qaeda's alleged plan to attack the U.S. blowing up buildings but, why is the government releasing new details now?

An Iraqi president is chosen, a council takes shape, but who's really in charge and can the new Iraq run itself?

The Scott Peterson trial finally underway, opening statements, and a look at the prosecution's case.

How will John Kerry sell John Kerry, the raw politics of searching for a slogan that sticks?

"Paranormal Mysteries" do you believe John Edward communicates with the other side? We put your questions to the controversial psychic.

And, David Sedaris best-selling author, and my pick for the funniest writer in America.

(END VIDEOTAPE)

ANNOUNCER: Live from New York this is ANDERSON COOPER 360.

COOPER: Good evening.

It's the first step down an undoubtedly long and difficult road. That is how U.N. Envoy Lakhdar Brahimi characterizes the historic decisions in Iraq today. With 29 days until the handover, the governing council has handpicked an interim government. Its choice for the new interim president, this man, Sheikh Gazi al-Yawar, a tribal chief, a civil engineer by trade. He's also a critic of U.S. military tactics in Iraq.

Before the new government was sworn in, a reality check, two car bomb attacks. This one in Baghdad's heavily fortified Green Zone killed three Iraqis. The other near Baji (ph) killed another 11. President Bush warns the violence will continue even with the interim government in place. He says the new leaders have talent and resolve and that's what they'll need to get through the challenges ahead, more from CNN White House Correspondent Suzanne Malveaux.

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT (voice-over): After intense negotiations between the U.S., U.N. and Iraqi officials, President Bush said Iraq's new interim government was one he could work with.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The naming of the new interim government brings us one step closer to realizing the dream of millions of Iraqis, a fully sovereign nation with a representative government that protects their rights and serves their needs.

MALVEAUX: The government's makeup, mostly of Iraqi exiles with close ties to Washington, has raised questions whether Iraqis will consider this new authority to be legitimate. The Bush administration denied handpicking Iraq's new leadership.

BUSH: I had no role in picking, zero.

CONDOLEEZZA RICE, NATIONAL SECURITY ADVISER: These are not America's puppets. These are independent-minded Iraqis who are determined to take their country to security and democracy.

MALVEAUX: But there's still a question as to what that will mean for U.S. troops. The president acknowledged that the situation on the ground could get worse as the deadline to full Iraqi sovereignty draws near.

BUSH: Because I believe there will be more violence because there are still violent people who want to stop progress.

MALVEAUX: Earlier in the day, Mr. Bush spoke with U.N. Secretary-General Kofi Annan and offered public praise to the international body.

(END VIDEOTAPE)

MALVEAUX: And in a sign, of course, that the U.S. is eager to move forward in this process we have learned that the language of the U.S.-British-U.N. resolution has changed. It is now calling for that multinational force to leave Iraq by the end of the political process. That means the end of 2005, the beginning of 2006 -- Anderson.

COOPER: Suzanne Malveaux at the White House thanks Suzanne.

In the war on terror, new details released by the Justice Department today in its case against Jose Padilla, an American accused, suspected of plotting terror here in the U.S. held for the last two years as an enemy combatant.

Justice Correspondent Kelli Arena reports.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENT (voice-over): He was dubbed the dirty bomber. The government said he planned to set off a radiological device in the United States. Now, newly-declassified documents allege Jose Padilla also planned to blow up apartment buildings using natural gas.

JAMES COMEY, DEPUTY ATTORNEY GENERAL: Once in the country they locate high rise apartment buildings that had natural gas supplied to all floors, that they rent two apartments in each building, seal those apartments, turn on the gas and set timers to detonate and destroy the buildings simultaneously at a later time.

ARENA: The new documents outlined Padilla's alleged relationship with al Qaeda leaders, including now deceased al Qaeda military head Mohammed Atef and September 11 mastermind Khalid Sheikh Mohammed. The government also sheds new light on his terror training with an emphasis on explosives.

COMEY: On May 8, 2002, a soldier of our enemy, a trained, funded and equipped terrorist stepped off that plane at Chicago's O'Hare, a highly-trained al Qaeda soldier who had accepted an assignment to kill hundreds of innocent men, women, and children.

ARENA: The Justice Department cites interrogations with Padilla but his lawyer says it's a one-sided expose of the government's version of events.

DONNA NEWMAN, PADILLA'S ATTORNEY: The government is simply saying, look, you're going to have to trust us. This is what he said. I don't know that that's what he said but more important there was nothing in that report that suggested any imminent danger.

ARENA: The deputy attorney general denies the timing of the release has anything to do with Padilla's pending Supreme Court case.

(END VIDEOTAPE)

ARENA: The high court will soon rule whether the government has the authority to hold U.S. citizens indefinitely as enemy combatants -- Anderson.

COOPER: All right, Kelli Arena thanks very much.

Padilla's legal team is outraged, of course, by the new accusations. You saw a lawyer there. Later on 360 I'll talk with one of his lawyers Donna Newman.

To California now and the Scott Peterson murder trial. Opening statements today with the prosecution laying out in detail its theory on how and why Peterson killed his wife and unborn child and, late today, new details emerging about his relationship with admitted mistress Amber Frye, covering the case for us CNN's David Mattingly.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): Scott Peterson's relationship with Amber Frye clearly important in the prosecution's case against him. A phone conversation recorded by Frye on New Year's Eve catches Scott lying about being in Europe.

Scott Peterson did not look as prosecutor Rick Distaso showed the jury pictures of him with girlfriend Amber Frye. Distaso detailed how wife Laci attended a Christmas party alone while Scott and Amber attended a party together in formal attire.

When confronted with these pictures, Distaso says Peterson told investigators "is that supposed to be me?" Peterson's family emerged from court unshaken waiting for the defense to take its turn.

UNIDENTIFIED MALE: Same stuff.

UNIDENTIFIED MALE: Same thing, nothing new. No evidence.

UNIDENTIFIED FEMALE: Except that he referred to it as a game.

MATTINGLY: But Peterson's affair is only part of a litany of deception and inconsistencies according to Distaso who said for the first time that Peterson claimed he left his home Christmas Eve morning at 9:30 but cell phone tower records show he was still at home.

Peterson told two people that night he went golfing when he later told investigators he went fishing and Distaso also said that the cover to Peterson's boat was covered with gasoline capable of dissolving any evidence of DNA.

In one moment of emotion, Laci Peterson's father Dennis was brought to tears when a picture of a smiling, pregnant Laci was shown to the court.

And then came the most painful display of all. The prosecution showed the jury autopsy photos of Laci and her unborn child they call Conner, getting the jump on the defense by explaining Laci's body was dumped in San Francisco Bay with her baby still inside her.

(END VIDEOTAPE)

MATTINGLY: A difficult moment for both families in the courtroom, prosecutor Rick Distaso calling this a common sense case. Tomorrow, defense attorney Mark Geragos has his turn -- Anderson.

COOPER: All right, David Mattingly thanks.

Laci Peterson's murder case continues to attract a lot of media attention of course, no doubt about that. What about another pregnant woman whose disappearance seven months before Laci Peterson disappeared and inspired far fewer headlines.

Here's a 360 "Flashback." The killing of Evelyn Hernandez, she was a 24-year-old Salvadoran immigrant. She was eight months pregnant when she disappeared in May, 2002. Two months later her body also washed ashore from San Francisco Bay. The body of the baby has never been found and her murder remains unsolved.

John Kerry talking nukes tops our look at what's going on "Cross Country" right now.

West Palm Beach, Florida, Kerry says nuclear terrorism is the gravest threat the United States faces. The Democrats' presumed nominee says he wants to stop the spread of nuclear material and end nuclear programs in countries like Iran and North Korea.

San Francisco now, an abortion ruling, a federal judge ruled against the Bush administration's ban on a type of late term abortion procedure saying it unconstitutionally blocks a woman's right to choose.

Miami, Ronnie Zamora released. Zamora set to be deported to his native Costa Rica after being released from a Florida prison after serving 27 years. Zamora was convicted of killing an elderly neighbor when he was a teenager. His defense was that violent TV shows like "Kojak" blurred the line between fantasy and reality and, yes, "Kojak" was once considered violent.

Eagle, Colorado now, Kobe's accuser, the judge sides with the defense and rules the woman accusing Kobe Bryant of rape cannot be referred to as a victim during the trial but can be called alleged victim.

New York, record high oil prices, the price of light sweet crude oil closed at an all time high, $42.33 a barrel, following the weekend attack on an oil workers' compound in Saudi Arabia.

That is a look at what's going on "Cross Country" right now.

360 next, "Playboy" family battle, a former centerfold loses custody of her kids because of her anger towards her ex-husband, is it justice served or denied? We'll take a closer look.

Also tonight, "Paranormal Mysteries" channeling the dead, is it all a hoax or a matter of faith? I'll ask this man, John Edward, who will also take some of your e-mails, part of our weeklong series.

And catchy phrases and theme songs, how to win an election with as few words as possible that is raw politics. We'll talk about all that ahead.

First let's take a look at your picks the most popular stories right now on cnn.com.

(COMMERCIAL BREAK)

COOPER: Well, New York may not be on that list but it is certainly no stranger to unusual custody battles but one taking place right now has even some long-time court watchers scratching their heads. A former "Playboy" model Bridget Marks (ph) has been embroiled in a nasty fight with a married casino executive with whom she had an affair. The affair resulted in twin girls who Marks has been raising by herself. Now a judge has awarded the father custody.

CNN's Jason Carroll is following the case in tonight's "Justice Served."

(BEGIN VIDEOTAPE)

JASON CARROLL, CNN CORRESPONDENT (voice-over): It was a personal moment that became a public one. Bridget Marks hugged her twin girls she had raised alone since birth before turning them over to their father John Aylesworth (ph), a married casino executive who she had had an affair with. Marks lost custody of the 4-year-olds during a bitter and, some psychologists say unusual battle with Aylesworth.

UNIDENTIFIED FEMALE: This is not what a father does for any reason. Children, if they do have to be taken away, it should be done in a gentle way.

CARROLL: A state court judge found Marks to be a fit mother but granted custody to Aylesworth and his wife because the judge ruled she had tried to alienate the twins from their father by making up allegations he touched them in an inappropriate way.

New York Family Court Judge Arlene Goldberg wrote: "The mother due to her anger over the father's failure to divorce his wife and marry her coached the children to make the allegations that they did."

Marks stands by the allegations. Neither Aylesworth nor his attorney would comment on the allegations or the case. Marks' family says a caring mother is now being punished for telling what she believes is the truth.

(END VIDEOTAPE)

CARROLL: And today a federal court judge refused to grant Marks a restraining order that would have allowed her to keep her twins but the federal judge did issue a stay until at least Monday to review the case.

COOPER: All right. Jason Carroll thanks very much for that.

A nationwide security alert tops our look at what is happening right now around the world. Let's check the "Up Link."

In France on alert getting ready for the 60th anniversary of the D-Day landings in Normandy on June 6, 1944, President Bush and more than a dozen world leaders will travel to France next week to remember what is still called the longest day.

Sasebo, Japan, a shocking crime, an 11-year-old girl stabbed a 12-year-old female classmate to death with an Exacto knife during lunch at an elementary school, no reason on motive. Rio de Janeiro, Brazil, a deadly prison riot yet again. At least 38 inmates killed, some dismembered during three days of rioting at a prison. The riot ended last night after police agreed to separate prisoners from different gangs.

In Jerusalem, recruiting spies online. Want to spy for Israel? Israel's Mossad Intelligence Agency has a website up and running in Hebrew and English aimed at boosting its pool of potential recruits.

That's what's happening in the "Up Link."

Tonight in Haiti deja vu, U.N. peacekeepers are back once again taking the baton from a U.S.-led multinational force. Their focus still the same trying to keep a tentative peace in the divided country, a tough task since rebels still control a significant chunk of Haitian real estate. Making matters worse, a new humanitarian crisis, devastating floods, Haiti still in turmoil though largely off the radar. How quickly we forget.

(BEGIN VIDEOTAPE)

COOPER: Well now to the tension in Haiti, more violence just hours ago.

(voice-over): In early February, Haiti was once again in the headlines. A bloody uprising finally led the U.S. to send some Marines and President Jean-Bertrand Aristide was forced into exile but soon after the media largely lost interest.

DAVID MALONE, PRESIDENT, INTERNATIONAL PEACE ACADEMY: Unfortunately for Haiti this new mission unfolds at a time when Iraqi, Ivory Coast and many other crises around the world are attracting more attention in key capitals.

COOPER: The U.S. has pledged some $150 million to rebuild and secure the country and some 8,300 U.N. peacekeepers, mostly from Latin America, will soon be patrolling the island. The peace, however, is fragile and it's not the first time the international community has made promises and then lost focus.

In 1994, U.S. Marines landed bringing back democratically elected President Jean-Bertrand Aristide to power. A year later the U.S. handed over the mission to the U.N. Millions were invested but chaos slowly crept back into the island leading to February's bloody uprising.

MALONE: For Haiti, there's always been deficit attention syndrome in Washington, in a number of other capitals.

COOPER: Keeping international attention, that's what Haitians are worried about today because they know how quickly we forget.

(END VIDEOTAPE)

COOPER: Well, 360 next, an American accused of plotting to blow up apartment buildings in the U.S. He hasn't been charged but he is being held anyway. Jose Padilla's lawyer joins us live. I'll ask her the tough questions. That's ahead.

Also tonight communicating with the dead, a real phenomenon or a money-making fraud, John Edward makes his case coming up, part of our special series "Paranormal Mysteries," do you believe?

And a little later, why married men cheat. Find out from a reporter who went undercover. The answers may surprise you. Be right back.

(COMMERCIAL BREAK)

COOPER: You no doubt remember the 1999 movie "The Sixth Sense" about a little boy with a dark secret. He can talk with ghosts those that don't even know they're dead. In a moment, we'll talk with John Edward who for some 20 years now has been working as a medium. He'll take some of your e-mails.

Edward may be the most popular TV psychic today but he is certainly not the first. The idea of crossing over has always been popular. The question is are we being double crossed?

Part two of our special series "Paranormal Mysteries" do you believe?

(BEGIN VIDEOTAPE)

JOHN EDWARD: What he keeps insisting is he's got his male to his side with him.

UNIDENTIFIED FEMALE: He has.

UNIDENTIFIED MALE: Yes. He's telling me he's got his brother.

COOPER (voice-over): Psychic medium, John Edward, might have brought talking to the dead into the mainstream but Edward is only the latest in the tradition of spiritualists and mystics in the U.S.

During the 1800s, mediums came into vogue when two sisters, Margaret and Catherine Fox, channeled a noisy ghost in their home. They later admitted to cracking their toe joints to make the knocking noises.

More recently, after death communication, or ADC as some call it, has made a comeback with best-selling mediums like James (unintelligible), Sylvia Brown, Rosemary Altea, George Anderson and John Edward.

UNIDENTIFIED MALE: I believe they are on the other side.

COOPER: According to a 2001 Gallup poll, 28 percent of Americans believe it is possible to communicate with the dead. That's up ten percent from 1990.

UNIDENTIFIED MALE: Nora, Noreen, there's some type of connection in this area with "N". COOPER: Skeptics say the modern psychic movement is the same old scam just with some new tricks, like rapid fire guesswork, a technique called cold reading.

MICHAEL SHERMER, PUBLISHER "SKEPTIC" MAGAZINE: The psychics are just making a lot of statements asking a lot of questions and seeing what sticks. That really represents nothing more than a fishing expedition.

COOPER: One scientist put a psychic dream team, including John Edward, to the test. Under controlled conditions, Harvard-trained psychologist Gary Schwartz studied five people he describes as the Michael Jordan's of the medium world.

GARY SCHWARTZ, PROFESSOR, UNIVERSITY OF ARIZONA: These special individuals were able to get highly specific information with accuracy rates that were as high as 80 to 90 percent and when people try to guess the information their average accuracy is 20 to 25 percent.

COOPER: Skeptics called this study inadequate saying it failed to use sufficient safeguards. Of course only those who crossed over to the other side know for sure.

(END VIDEOTAPE)

COOPER: Well, John Edward took part in that test. He's best known for his shown "Crossing Over." He's also written four books, has audio and videotapes on communicating with the dead and he travels the country holding lectures. We spoke earlier today.

(BEGIN VIDEOTAPE)

COOPER: How do you describe what it is you do?

JOHN EDWARD, PSYCHIC MEDIUM: Basically as a medium I act as an interpreter of energy and for me I think it's just a frequency of somebody who was once in a physical body who's no longer in that physical body.

COOPER: So you hear things, you see?

EDWARD: I see, hear and feel the information as it comes through that I'm connecting with energy wise. That's how it would kind of be portrayed to me.

COOPER: I mean what does that mean? What does it sound like in your head? What do you actually see?

EDWARD: Through meditation I calm my physical body down and I open myself up to pay attention to what it is that I think, what I am visually seeing in my mind and what I'm overall feeling and I just kind of put it together and interpret in my frame of reference what I think it means to me but oftentimes the interpretation will be off.

COOPER: Because critics and detractors, of which you obviously have many, say basically what you're doing is a cold reading. You're asking questions. You're getting answers. You're reading. You're very perceptive but it's basically a cold reading.

EDWARD: They'll say that or they'll say that I am, you know -- you hire private detectives or that you're, you know, your sophisticated Internet system kind of like researches everything and I have no answer for that. You know to me it's like the same thing when somebody says, you know, there's no God.

You know, I have a very, very strong belief and I have a very strong faith and I would never allow somebody to kind of say well that doesn't exist, so therefore this can't exist, they kind of go hand-in- hand for me.

COOPER: So, you don't actually see an aura around people. You don't see physical, some sort of physical presence around somebody?

EDWARD: If I wanted to see an aura around somebody I could definitely see the energy field, like for example when I leave here I'm hopping on a plane and I will be definitely checking every single person that's getting on the plane to make sure that they all have auras when they're getting on the plane so I will join them on that flight.

COOPER: Seriously, if you think you could see someone's aura on a plane, if they had a bad one you'd get off the plane?

EDWARD: In a heartbeat, not even a heartbeat, in a half a heartbeat.

COOPER: This is from Verna in Pennsylvania. "Have you gotten any readings from people that crossed over from 9/11?"

EDWARD: I've actually worked with a lot of families. What I found amazing during some of the groups that I -- that I conducted was that if one family members, let's say there was 100 people in the room, if there were five families in that room that had somebody who passed in some way on that date, one family would get through and then bring through some of the other families that they didn't even know. So, people are reunited here in loss. It was an amazing experience. I talked about it as the 9/11 factor.

COOPER: This is from April in Iowa. "Are there any exercises or techniques you recommend for individuals to get in touch with those who have passed on?" Because you think people, everyone can...

EDWARD: Absolutely.

COOPER: ...have some sort of ability.

EDWARD: Meditation and prayer for me are the two things I think, you know, with knowledge are the keys to help open yourself up.

COOPER: This one's from Roseanne (ph) in Washington. "My baby died in 1972. When I see him again will he be a baby or an adult?"

EDWARD: That's one of the top questions that people often ask me and I think it depends upon how her perception will be. If I do a reading for somebody who lost a 10-year-old child and it's five years later or ten years later, I might say to them, you know, oh you lost a 20-year-old, you have a 20-year-old son who's passed?

Even though the child was ten, they might come through to me as how old they would be if they were still here or it could be they'll come through as that same 10-year-old child. I believe we have what's called soul recognition so we'll be able to recognize the energy of the person by -- who they are energy wise.

So there will be a complete recognition and maybe she would have to see the energy of that person and she would recognize her son as being the baby that he was before she -- before that kind of like that -- that aspect of him personality wise would be shed.

COOPER: Just a few more. From Karen in Delaware, "can my loved one hear my thoughts when I talk to them"?

EDWARD: I believe when you project to them, even if it's not out loud, if it's a, you know, kind of a mental telepathic type of dialogue, absolutely they can, they can definitely, you know hear those thoughts.

I don't believe that they can read our minds. I believe that nobody can really read our minds in that kind of capacity but I do believe that we can project our thoughts and that's what prayer is, you know, when you're kind of like having that prayerful dialogue or that intent they are definitely getting it.

COOPER: John Edward thanks very much.

EDWARD: Thank you. Good seeing you.

COOPER: Good to see you.

(END VIDEOTAPE)

COOPER: Well, you may have heard some popping noises all throughout that interview. For the first time in our new set we had some audio trouble. Oddly it happened more than once. Wouldn't you know it that John Edward says this happens to him all the time with microphones, something he says has to do with psychic energy, coincidence? Take a look.

(BEGIN VIDEOTAPE)

EDWARD: Please, you know, enjoy it as like a story. I said...

(CREW TALK)

EDWARD: I affect mikes.

COOPER: Really?

EDWARD: All the time. It's like a $4,000 piece of equipment that the scientist was not very happy about. I think I just, I pay attention to... (CREW TALK)

EDWARD: I'm sorry.

COOPER: (Unintelligible).

(END VIDEOTAPE)

COOPER: Make of it what you will.

Today's "Buzz" is this. Do you believe it is possible to communicate with the dead? Log onto cnn.com/360, cast your vote, strong opinions on either side in this, results at the end of the show tonight.

Our series "Paranormal Mysteries" do you believe continues all week. Tomorrow extraterrestrial life, is the truth really out there? Some scientists are actually studying it.

Thursday, inside the world of psychics and, Friday, you've heard of pet psychics, we'll put one of them to the test with my own dog. Is there a message behind all her barking? We'll find out.

(BEGIN VIDEOTAPE)

COOPER (voice-over): An American al Qaeda's alleged plan to attack the U.S. blowing up buildings but why is the government releasing new details now?

How will John Kerry sell John Kerry, the raw politics of searching for a slogan that sticks?

And David Sedaris, best-selling author, and my pick for the funniest writer in America, 360 continues.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

COOPER: We have some breaking news to bring to you. Wire reports say that the FBI has just issued a nationwide alert for two stolen tanker trucks filled with thousands of gallons of volatile propane gas. The FBI says a San Antonio, Texas, gas company noticed the trucks, one carrying 3,000 gallons of propane, the other 2,500 gallons of propane, had been stolen when workers returned to work today from the Memorial Day holiday weekend.

The trucks were last seen a week ago. Federal investigators fear the propane could be used as a bomb but they stress there is no indication that is behind the theft. No more information at this time. We'll bring you any as we get it.

Time now for tonight's reset. In Baghdad, big step to self rule. A new interim government was chosen in Iraq today. President Bush praises it, saying it brings Iraq closer to a fully sovereign nation. But violence continued. Two car bombs in Baghdad killing 14 people. On Capitol Hill, questions about Halliburton and the vice president heating up. Today, Senator Patrick Leahy, the Vermont Democrat, is calling for congressional hearings on the controversy. He wants to know if Cheney had a role in awarding the reconstruction contract in Iraq to his old company.

In Washington, American Airlines paying up. The nation's No. 1 carrier will give the government $2.5 million. That to settle a federal claim accusing the airline of violating maintenance training and operations regulations.

In Seattle, derailed indefinitely. The city's monorail system will be off track until officials can determine it is safe. A fire apparently caused by an electrical short yesterday trapped as many as 100 people on the train.

And across the nation, building boom. Construction spending soars, it's third consecutive record high in April. Up one and a third percent. Experts say the jump is in response to worries about rising mortgage rates. That's a quick look at what's going on right now in the reset.

In our top story tonight the war on terror. The justice department goes public detailing its allegations against Jose Padilla, an American accused of plotting terror. For two years he has been held, mostly at a Navy brig in South Carolina yet never charged. The former Chicago gang member has been labeled an enemy combatant. The feds originally dubbed Padilla as the dirty bomber saying he was trained by al Qaeda to carry out such attack. The new accusations in declassified documents made public today, Padilla allegedly was plotting to blow up apartment buildings with natural gas. His lawyer Donna Newman joins me right now. Donna, thanks for being on the program.

Is Jose Padilla an al Qaeda terrorist?

DONNA NEWMAN, PADILLA'S ATTORNEY: We don't know. We only have the government's say-so. And that's the problem. What Mr. Comby (ph) did today is simply what we would call at court an opening statement. However, the trial is not about to happen because they won't allow it. They won't allow me an opening statement. They won't allow a jury to hear the evidence, and decide what they want is simply to make all the decisions themselves.

COOPER: They say that he has been designated an enemy combatant, therefore he does not have to be charged. He does not have to have his day in court any time soon or even a military tribunal any time soon. Also they say he needs to be an enemy combatant because he has active intelligence information they needed to get out. If he lawyered up, if it was a civil case as some say it should be, you would suggest, you know, don't give up any information.

NEWMAN: Let me take one of those at a time. Constantly what you're saying is the word they. They, they, they. From early, from the Magna Carta days going back, we have learned our very history is based on the concept that the executive cannot be the they, they, they. That there needs to be checks and balances. If there is such a thing as an enemy combatant as they say, then they need to go to Congress and let Congress define it and say, OK, when someone's an enemy combatant, this is what you, the executive, can do.

COOPER: But there has been a history, there was a Supreme Court case, I think it was 1944, with some German saboteur, that's where the notion of enemy combatant first came around.

NEWMAN: Actually, no. An enemy combatant that they are talking about is completely different -- how the government is now using it.

COOPER: Right, because those people were working for a foreign government whereas your client is alleged not to have been working for a government.

NEWMAN: Not only that, they were enemy soldiers and nobody is claiming that my client is an enemy soldier. In addition it's important to understand that these are allegations. And that they are not letting me respond to them, because, in fact, we have been told that we cannot respond. They zip our mouths but open theirs.

COOPER: You've only met with your client twice. You weren't allowed to see him for quite some time.

NEWMAN: Correct.

COOPER: But the allegations being brought out today are very serious and according to this document from the government, your client has admitted to at least some of them, admitted to going to an al Qaeda training camp in Afghanistan, admitted to taking on a mission of blowing up buildings in the United States.

NEWMAN: First of all, we don't know under what conditions these alleged admissions were made. And we are now, this nation, too savvy to just take an admission at face value. We know that admissions can be gotten, unfortunately, through coercion. So, we have to take that, but in addition, so what? That's not -- has nothing to do with the issue that is so important here that has to do with the authority. The constitution doesn't have a footnote that says, look, if you're a bad man, you don't get the constitution.

COOPER: The government argues that extraordinary times call for extraordinary measures and that if this man has intelligence value that can save American lives or save other people's lives, then he shouldn't be put into a court of law where a lawyer's going say don't say anything.

NEWMAN: If it is new rules, if you want new rules, if it's a new world out there, go to Congress. You don't have the authority. And if you take the authority of it yourself you are not following the rule of law. In the world, we are not looked kindly upon today. They are laughing at us because we're not following the rule of law. It's easy. Go to Congress.

COOPER: The Supreme Court is going to be ruling on this very shortly on the status of enemy combatants. Donna Newman, thank you for coming on, talking about Jose Padilla, your client.

NEWMAN: Thank you very much.

COOPER: Well, like any good product, a presidential candidate, Republican or Democrat, needs more than charm, wit and a good idea to make the sale. He needs a good, catchy slogan. John Kerry has been trying out a new phrase for the last couple of weeks. May be too soon to see if it sticks, but finding the right words to define a campaign, that's definitely part of raw politics.

(BEGIN VIDEOTAPE)

COOPER (voice-over): The John Kerry catch phrase circa December 2002.

SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: ...better set of choices.

COOPER: And in July, 2003.

KERRY: Safer and stronger and more secure.

COOPER: In November, the talk got tougher.

KERRY: We know he understands -- bring it on!

COOPER: Then, last month, a new phrase appeared, and this could be a keeper.

KERRY: We must let America be America again.

COOPER: He introduced it in Topeka on the anniversary of Brown versus the board of education. The line is from a 1938 poem by Langston Hughes that actually goes on to attack racism in America. For politicians finding the winning slogan can be more political science than art. Most candidates like to keep it short and simple.

William Henry Harrison won in 1840 with "Tippecanoe and Tyler, too." Abraham Lincoln's 1864 reelection line, "don't change horses in the middle of a stream." That was a winner. In 1928, Herbert Hoover promised "a chicken in every pot, a car in every garage." And in 1952 the simple, "I like Ike" helped Dwight Eisenhower win not one, but two terms. Nowadays slogans are a bit more sophisticated. Ronald Reagan in 1980.

RONALD REAGAN, FMR. PRESIDENT OF THE UNITED STATES: Are you better off than you were four years ago?

COOPER: And in 1984.

AD ANNOUNCER: It's morning again in America.

COOPER: George H.W. Bush in 1988.

GEORGE H.W. BUSH, FMR. PRESIDENT OF THE UNITED STATES: I want a kinder and gentler nation. Like a thousand points of light in a broad and peaceful sky.

COOPER: Bill Clinton in 1992.

SINGER: Don't stop thinking about tomorrow

COOPER: And in 1996.

BILL CLINTON, FMR. PRESIDENT OF THE UNITED STATES: We do have to build a bridge to the 21st century.

COOPER: And George W. Bush in 2000.

G.W. BUSH: I'm proud to be called a compassionate conservative.

COOPER: Finding the right slogan won't guarantee victory, but a good one will stick in voters' minds, becoming part of raw politics posterity.

(END VIDEOTAPE)

COOPER: Well, the cheating heart of the married man. Just ahead why so many of them are having affairs and looking for love over the Internet.

Also a little later, get ready to laugh out loud. David Sedaris, my favorite author, stops by to talk about his new book.

(COMMERCIAL BREAK)

COOPER: Well, the numbers vary widely, of course, but there's no doubting that many married men cheat on their wives. And thanks to the Internet, breaking vows has never been easier. "New York Post" reporter Heather Gilmore recently conducted an experiment. She posted an ad on a Web site seeking an affair with a married man. Three hundred and twenty men answered. She met six of them.

A male colleague posted a similar ad for a married woman. Not one responded to his ad.

Heather Gilmore joins us now. So does Tony DeLorenzo of infidelity.com, and author of "28 Telltale Signs of a Cheating Spouse." Thanks, both, for being on the show.

Heather, let's start off with this, 320 men responded? You met with six of them. What did they say? What were their reasons?

HEATHER GILMORE, WRITER, NY POST: Well, most of them, actually, have had very long, long marriages, or long connections with their partners. And they said that they were just basically missing that extra spark in their life, the excitement of meeting a new person.

COOPER: Tony, is that what you hear? Why is it married men say that they cheat?

TONY DELORENZO, INFIDELITY.COM: A lot of married men cheat because they think it's like a trophy. Some have hobbies. Their hobbies happen to be cheating.

COOPER: You met with these guys. What you had advertised was for good-looking, career-oriented, married man looking for a discreet and brief affair. What happened on these dates?

GILMORE: Well, surprisingly all of them didn't even really care about my situation, my current situation, even with my husband.

COOPER: They weren't asking anything about you.

GILMORE: No. No. I think they were just pleased that I was actually a woman and not a -- not a prankster. Well, I was, but not just anybody that's too crazy. It was more just they were trying to sell themselves. They really wanted me to continue the affair, and start it straight away, as well.

COOPER: They wanted to start right away?

GILMORE: Pretty much so. What I tried to do, though, is just say let's meet for coffee, see if there's some chemistry, and...

COOPER: Did they have any fear that their wives would find out?

GILMORE: Two of them actually said that this is -- I met them in an Upper West Side cafe in New York City. And two of them actually were very concerned about being in a similar neighborhood. One of them actually wanted to come inside. We had a hidden camera, and we were having a coffee outside. So they were a bit concerned about that. But they would take the risk. That's what it was all about.

COOPER: Tony, you say there are five signs to a cheating spouse. What are they?

DELORENZO: One is working a lot of overtime. Hiding the cell phone bill. Number one way to catch someone.

COOPER: The cell phone bill is the number one way?

DELORENZO: The number one way. Because you have a lover, it's on the cell phone bill.

COOPER: Right.

DELORENZO: Additional miles on odometer. You have hang-up phone calls. And the last one is saying, "it's your imagination." That's when you're getting too close and you're putting the person back on defense.

COOPER: Interesting. Most of the men who replied, were they Caucasian married men?

GILMORE: Well, I got a real array of different people who were replying. And most of them actually were Caucasian, and very professional. Men that you see just walking along the street. And that's what surprised me the most. Because when I met them, they also seemed very career-driven. Very smart, and very, as I said, professional. And that's what surprised me the most.

COOPER: Now, your colleague, who advertised for the women, didn't get any responses at all?

GILMORE: Yes, Bill Hoffman (ph) at "The New York Post." He's very, very -- well, feeling very rejected at the moment, but I think he'll get over it.

COOPER: He's taking it personally. Tony, are there points in a man's life where he is more likely to cheat?

DELORENZO: We usually find when the wife's pregnant, the child's born, and when the children are graduating high school.

COOPER: When his wife is pregnant he's more likely to cheat?

DELORENZO: Because a lot of times they're not getting any attention, they're not having any sex, so a lot of time they feel left out so they look for attention.

GILMORE: It's interesting you say that, Tony, because one of the ones out of the six that I met, he's just had a very newly born baby and he said exactly that to me.

DELORENZO: Or when the kids are graduating high school, they say, I was here for my children, now it's time for me to enjoy the rest of my life. And I'm leaving you.

COOPER: That's a sad note to end on. Tony DeLorenzo, thanks very much. Heather Gilmore, fascinating article. Thank you very much.

GILMORE: Thank you.

COOPER: Well, 360 next, a man who for my money is the funniest writer in America. Best-selling author, David Sedaris. If you don't know him, stick around. You should. He joins me to talk about TV, Santa and why he just can't stop touching people's heads. He'll explain.

And would you buy Christina Aguilera brand deodorant? Find out how she's betting you might. Coming up in "The Nth Degree."

(COMMERCIAL BREAK)

COOPER: Well, I first heard our next guest, David Sedaris, on the radio. He was reading a story he wrote about working as an elf in the Macy's Christmas display. I was driving in my car going to the airport and was laughing so hard I literally had to pull over to the side of the road. I actually missed my flight. Sedaris has a new book, just out today. It is called "Dress Your Family in Corduroy and Denim."

Earlier today, I talked to him about the book and about some of his, well, obsessive compulsive behaviors.

(BEGIN VIDEOTAPE)

COOPER: In the new book you talk about you have a compulsion to actually touch people on the heads when you're on an airplane.

DAVID SEDARIS, AUTHOR: Well, yes, if I find myself in a situation where I can't smoke, then I want to touch the person's head who's sitting in front of me.

And I just went to Bangkok. And every book I had about Bangkok said two things you don't ever do -- you never point your foot towards the Buddha and you never touch anyone's head. So then when they said, they made an express point, like don't touch anyone's head. It took everything I -- because if it's forbidden, then I need to do it.

COOPER: And you found that you can get away touching someone's head two or three times before they confront you?

SEDARIS: On an airplane, yeah. You do that where you pretend like you're getting out of your seat and you're just putting your hand on the seat ahead of you, and you just, you know, I don't -- you just -- I just need to touch it. And you can do that and say oh, I'm so sorry. And you can do it a second time and say, what a pest I am. But yeah, the third time they call for a flight attendant.

COOPER: You live overseas. You live in Paris. And when you travel a lot to a new country, as sort of an ice breaker you ask what does a rooster sound like in your country?

SEDARIS: Yeah, in every country the rooster sounds different. Like in France, a rooster says cocarico (ph). And in Greece, a rooster says kritiaki (ph).

COOPER: In France, the rooster says cocarico (ph)?

SEDARIS: Yeah. Which doesn't sound at all like a rooster to me. When I say no, actually it says cock-a-deedle-doo, they look at you like that's wrong. That's just insane for you to make that up. Every country has a different idea of what a rooster sounds like.

COOPER: Also, every country has a different idea about Santa Claus and about Christmas. And you write a lot in the new book about the Netherlands, their image of Saint Nick.

SEDARIS: It was crazy. Like St. Nicholas is a former bishop of Turkey, right? And now...

COOPER: This is in the Netherlands. The Dutch people believe this.

SEDARIS: And now he lives in Spain. And every year, he comes accompanied by six to eight black men, like no one can give you an exact number, but it's six to eight black men. And in the old days, if you were bad, Santa and the six to eight black men would beat you up and stuff you into a sack, right? They would kick you.

COOPER: This is Dutch tradition? SEDARIS: Right. And now, they, you know, they wanted to be a little bit gentler, so now Santa and the six to eight black men just pretend to kick you. Which I think is even stranger. You know, OK, tonight, a mans' going to come to the house with six to eight black men, and they might give you some presents or they might just pretend to kick you. We don't know -- we don't know which. It's just crazy to me.

COOPER: You also write about, as a kid, you used to spy on your neighbors, the Tomkies (ph). What was so fascinating about them?

SEDARIS: They didn't believe in TV. Which automatically made them suspect. But what I really remembered about that story, I mean, again it was written backwards from this -- I remember these people came to our house on November 1 trick-or-treating. And they said, we were out of town last night. So anyway, we're trick-or-treating now. And even as a child, you're thinking, that's called begging. That's not really called trick-or-treating. If you were out of town on Halloween, tough. When you come to my house on November 1 asking for the candy, that's my candy. That's my candy.

COOPER: And your mother made you give up your candy.

SEDARIS: Right, right.

COOPER: The other story I love is about you looking for an apartment. You're living in Paris. You've decided to find a new place to live. But you actually found a house, you actually found the perfect house, and unfortunately it wasn't really appropriate.

SEDARIS: If you buy an apartment, your worst fear is that you're going to see an apartment that's nicer than your own after you bought it. So I was at the Anne Frank house, right? Which is adorable. It's right on the canal. It's close to shopping and public transportation. It's a triplex. She lives in this charming triplex apartment. So I had real estate fever at the Anne Frank house.

And I thought for a moment, really, that this was an open house. You know, that we were all there -- we were all there with the option of buying this property. And so it was just a little story of being seized by real estate fever at the Anne Frank house. Which, again, is adorable.

(END VIDEOTAPE)

COOPER: That was David Sedaris. There is no one like him. His latest book, "Dress Your Family in Corduroy and Denim" came out today.

Time to check on some pop news in tonight's "Current." Let's take a look.

Paris Hilton is developing a fashion line. God help us all. The hotel heiress says the clothes will be just like the way she dresses. Look for high heels, earrings and, well, frankly not much else.

Is the pretty woman pregnant? Reps for Julia Roberts confirm that the actress is expecting twins. Considering her celebrity status, we suggest the hospital set aside two waiting rooms, one for family and one for the paparazzi.

Jerry Seinfeld is reportedly building a baseball field behind his $50 million Long Island estate. We don't know who is going to play on the field, but considering how much money Seinfeld has don't be surprised if he gets a knock on the door from free agents Gary Sheffield and David Wells.

And lawmakers in California are considering a bill that would measure pollutants in people. Under the proposed legislation, researchers would gather the data to determine how many toxins are in the human body. Memo to Courtney Love, don't go near those researchers.

Pop diva Christina Aguilera has new bold ambitions. It has nothing to do with her singing, but it's keeping her lawyers busy, very busy. Ahead, we take that to "The Nth Degree."

And tomorrow, extraterrestrial life. Is the truth really out there? Part of our week-long series, "Paranormal Mysteries: Do you Believe?"

And you still have time to weigh in on today's buzz -- do you believe it's possible to communicate with the dead? Vote now, cnn.com/360. Results when we come back.

(COMMERCIAL BREAK)

COOPER: Time now for "The Buzz." Earlier we asked you, do you believe it's possible to communicate with the dead? It's been a split vote all day. Fifty-three percent of you said yes; 47 percent of you said no. Not a scientific poll, but it is your buzz. Thanks for voting.

Tonight, taking trademarks to "The Nth Degree."

You might ask what 7,000-year-old cave drawings and Christina Aguilera have in common. The answer is trademarks. The prehistoric drawings of bison with symbols on their sides are believed to be the first marks of ownership. Ms. Aguilera, if published reports are true, apparently wants to trademark just about everything else under the sun. According to "The New York Daily News," Aguilera's lawyers have filed applications with the U.S. government to trademark 450 items. We're talking Christina Aguilera contact lenses, antiperspirant, badminton sets, panties, modeling clay, even electronic multiple activity toys, whatever those are.

Now far be it from us to criticize Ms. Aguilera for protecting her name. Hey, if I had done that, that mini cooper thing, I would have made a mint.

So in an effort to prevent further losses, we're hereby trademarking this segment. Hey, you've got to start somewhere.

Thanks for watching 360. I'm Anderson Cooper. Coming up next, "PAULA ZAHN NOW."

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