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ANDERSON COOPER 360 DEGREES

Fallout From Flawed Intelligence; 'Too Much Too Soon'

Aired July 9, 2004 - 19:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


HEIDI COLLINS, HOST: Good evening. I'm Heidi Collins, in for Anderson Cooper.
The fallout from flawed intelligence.

360 starts now.

A Senate report blasts intelligence leading to war in Iraq. Who is to blame?

Questions loom. Was Corporal Hassoun a hostage, or was it all a hoax?

Our special series, Too Much, Too Soon. Tonight, puberty at age 7? Are today's kids growing up too fast?

What's that on Gwyneth Paltrow's back? A strange treatment Hollywood stars are using to stay healthy.

And heavy metal gone soft? Metallica in group therapy. Will their music be the same?

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

COLLINS: We begin tonight in Washington, where a scathing report from the Senate Intelligence Committee has raised new doubts about CIA credibility. The bipartisan report says the decision to go to war in Iraq was based on faulty assumptions and largely unreasonable, unsupportable intelligence.

West Virginia Senator Jay Rockefeller, the committee's vice chairman, called the mistakes in the run-up to the war in Iraq "among the most devastating intelligence failures in the history of the nation."

We have two reports tonight on, one on the committee's findings from national security correspondent David Ensor, and another on the administration reaction from White House correspondent Dana Bash.

We begin with David Ensor. David, hello.

DAVID ENSOR, CNN NATIONAL SECURITY CORRESPONDENT: Hello, Heidi.

As you said, this is a devastating report, and it could have wide-ranging implications.

(BEGIN VIDEOTAPE)

ENSOR: The Senate panel's 511-page report is blunt. It says the justification for the war in Iraq, that Saddam Hussein had weapons of mass destruction, was just plain wrong, and that the U.S. intelligence community was to blame for the mistake.

SEN. PAT ROBERTS (R), CHAIRMAN, INTELLIGENCE COMMITTEE: Today we know these assessments were wrong. And, as our inquiry will show, they were also unreasonable and largely unsupported by the available intelligence.

ENSOR: The report complains of groupthink in U.S. intelligence, leading the community "to interpret ambiguous evidence as conclusively indicative of a WMD program."

UNIDENTIFIED MALE: We in Congress would not have authorized that war. We would not have authorized that war with 75 votes if we knew what we know now.

ENSOR: At the CIA, the deputy director took the unusual step of holding a news conference to respond, saying steps have already been taken to make sure such mistakes are never made again.

JOHN MCLAUGHLIN, DEPUTY CIA DIRECTOR: So my first message to you is a very simple one. We get it.

ROBERTS. Most, if not all, of these problems stem from a broken corporate culture and poor management.

MCLAUGHLIN: No, I don't think we have a broken corporate culture at all.

ENSOR: The report says before the Iraq war, the CIA did not have a single officer in that country working on finding weapons of mass destruction. Committee staffers called the agency risk-averse.

MCLAUGHLIN: I mean, if it's intended to convey a timidity on the part of our officers in terms of working in dangerous environments, I would just reject that totally out of hand. I mean, we put stars on the wall out here this year. We put stars on the wall out here this year.

(END VIDEOTAPE)

ENSOR: The stars on the CIA's front wall represent those -- those stars on the wall there represent the dead that -- those killed from the CIA while serving at the time.

With the 9/11 commission report yet to come, the U.S. intelligence community is in for a summer of criticism and debate, followed possibly in 2005 by some important changes in the way it's organized and led, Heidi.

COLLINS: All right, David Ensor, thanks so much for that.

And with so much on the line in terms of both domestic and global politics, the White House was quick to respond to this morning's report.

For more on the Bush administration's reaction, CNN White House correspondent Dana Bash now. Hi, Dana.

(BEGIN VIDEOTAPE)

DANA BASH, CNN WHITE HOUSE CORRESPONDENT (voice-over): Campaigning in Pennsylvania, the president stressed the point he wasn't the only one who got it wrong.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Listen, we thought there was going to be stockpiles of weapons. I thought so, the Congress thought so, the U.N. thought so.

BASH: Iraq already is a defining issue in the campaign. A majority of Americans now say it was not worth going to war. Bad intelligence or not, the president says he still made the right decision.

BUSH: He was a dangerous man. The world is better off without Saddam Hussein in power.

BASH: But Democrats say the new 511-page Senate report only tells half the story. Phase two will study whether the president misused intelligence he did have in making his case for war. Some Democrats think they already know the answer.

SEN. DIANNE FEINSTEIN (D), CALIFORNIA: Unless administration officials, from the president on down, had information not made available to the Senate Intelligence Committee, there was clearly an exaggeration of either an imminent or a grave and growing threat.

BASH: Critic say even the flawed intelligence did not support dramatic statements like this one.

(BEGIN VIDEO CLIP, September 2002)

BUSH: Facing clear evidence of peril, we cannot wait for the final proof, the smoking gun, that could come in the form of a mushroom cloud.

(END VIDEO CLIP)

BASH: In a report addendum, Democrats say the administration exaggerated the threat and twisted arms to shape intelligence. The White House says nonsense.

UNIDENTIFIED MALE: The administration didn't put pressure or try to get them to change their analyses at the CIA or any other intelligence agency.

(END VIDEOTAPE)

BASH: The next part of the investigation probing whether the White House misused intelligence won't be finished until after the election. And with the Iraq debate so critical in the campaign this year, Democrats complain that that is unfair to voters, Heidi.

COLLINS: All right, Dana Bash, thanks so much. Live from the White House tonight.

And time now for tonight's buzz question. Are you satisfied with the reasons the United States gave for going to war in Iraq? Vote now at CNN.com/360. We'll have the results coming up at the end of the program.

He's been reported missing, then listed as a deserter, then captured. The new status for U.S. Marine Corporal Wassef Hassoun is, returned to military control. The move comes after he resurfaced in Lebanon yesterday, 18 days after he disappeared in Iraq.

Today he was taken to the U.S. military hospital in Landstuhl, Germany, where he's undergone a health exam. And meanwhile, here in the U.S., his brother spoke out about the lingering questions.

(BEGIN VIDEO CLIP)

MUHAMMED HASSOUN, BROTHER: You are all aware of the rumors that have been reported in the media about a possibility of a hoax, and you are also aware of the sad and disturbing events that took the life of two individuals in Tripoli, Lebanon, yesterday. Unfortunately, we feel that we are being attacked on two fronts. We do not want our loyalty and nationalism questioned during these difficult times. I also call on the Muslim clerics in Lebanon to provide spiritual support, not to add fuel to the fire.

(END VIDEO CLIP)

COLLINS: And the story doesn't end there. The U.S. military has a lot of questions and wants answers.

With that, here is CNN Pentagon correspondent Barbara Starr.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): For the first time, the U.S. Central Command acknowledged it had classified Hassoun as a deserter after he left his unit in June, the military statement noting, "A preliminary inquiry into his absence indicated he had deserted, and as a result, he was subsequently characterized as a deserter."

Hassoun was then reclassified on June 28 as captured, after a appearing on this videotape with a sword held over his head. But military sources say the initial finding of desertion was based in part on interviews with other Marines at the base. Sources also say the intelligence community was able to monitor some of Hassoun's phone calls after he left his unit.

If the investigation finds Hassoun did desert, legal action is certain to take place.

MAJ. GEN. DON SHEPPERD, CNN MILITARY ANALYST: The key will be in a court-martial is, did a person go absent without leave, or he did desert? Absent without leave means he probably intend to come back. Desertion means you intend to leave forever. And that can be punishable in time of war even up to death.

STARR (on camera): The full interrogation of Corporal Hassoun will begin only after medical and psychological professionals give their approval. Officials stress they still do not know what happened to Hassoun from the time he left his unit in Iraq until he reappeared in Lebanon.

Barbara Starr, CNN, the Pentagon.

(END VIDEOTAPE)

COLLINS: Now to a quick news note. A grim milestone in Iraq. The number of coalition forces who have died in Iraq has now surpassed 1,000. It stands at 1,002. The latest report of deaths includes a soldier who died in this battle in Samarra earlier this week. Another died after fighting in Baghdad, and a third soldier died in a nonbattle-related incident.

Topping our news cross-country, a cleaning lady cleans up. Braintree, Massachusetts, 68-year-old cleaning woman Geraldine Williams claimed her prize today, the $294 million Mega Millions jackpot. The mother of three, grandmother of eight, is described as a down-to-earth woman. She reportedly tried to keep a previously scheduled cleaning appointment until it was strongly suggested that she meet with financials adviser instead.

Washington, FDA crackdown. The Food and Drug Administration has announced that brains and other cattle parts that could possibly carry the infectious agent of mad cow disease cannot be used in cosmetics and dietary supplements. The ban takes effect immediately. Manufacturers knew the FDA announcement was coming and had already acted to remove the banned substances.

Los Angeles, "Fahrenheit 9/11" banned. Two theater chains, Illinois based GKC Theaters and Iowa-based Fridlee Theaters, are refusing to screen the controversial film because of its content. The owner of Fridlee Theaters calls it, quote, "propaganda."

San Francisco, fast-food fight. McDonald's sued for failing to disclose it hasn't switched to a healthier cooking oil for its French fries. The fast-food joint promised to switch to the healthier oil by February of 2003 but has since delayed the plan due to quality and customer satisfaction concerns. A McDonald's spokeswoman had no comment on the suit.

And that's a look at stories cross-country.

360 next, growing up too fast. Young girls going through puberty starting as early as 6. Why is it happening? Part of our special series Too Much, Too Soon.

The Michael Jackson case gets even stranger. Wait till you hear who is being ordered to testify. Plus, Osama bin Laden still a terror mastermind, even in hiding. A look at his connection to the latest terror warning.

But first, your picks, the most popular stories on CNN.com right now.

(COMMERCIAL BREAK)

COLLINS: The stars came out last night at a fund-raiser in New York for the Kerry-Edwards ticket. And while the celebrities helped raise $7.5 million for the team, some of their comments have raised a storm of protest as well.

Here is CNN's Miles O'Brien.

(BEGIN VIDEOTAPE)

CHEVY CHASE, COMEDIAN: I don't trust him, I don't like him. And I think he's venal, and...

MILES O'BRIEN, CNN CORRESPONDENT: That's what comedian Chevy Chase said to reporters about President Bush after a fund-raising concert for the Kerry campaign. Performing at the concert, Chase went even further, saying, and we quote, "This guy's as bright as an egg timer."

John Mellencamp sang a song that referred to the president as "a cheap thug." Paul Newman labeled the administration's tax cuts "borderline criminal," and added, "There is serious and dangerous stuff out there, and something's got to change." Actress Jessica Lange asked the audience, quote, "Are we going to continue to follow a self-serving regime of deceit, hypocrisy, and belligerence?"

JESSICA LANGE, ACTOR: We are in desperate need of new leadership.

O'BRIEN: Then there was comedian Whoopi Goldberg, who made some jokes about the president's surname we can't repeat here.

The concert at New York's Radio City Music Hall raised $7.5 million for the Kerry campaign and the Democratic National Committee. But it also raised the ire of Republicans. Bush campaign manager Ken Mehlman called the event "a star-studded hate fest." Terry Holt, with the Bush-Cheney campaign, added this.

TERRY HOLT, BUSH-CHENEY '04: After all of the disgusting and bizarre things that were said last night at New York's fund-raiser, John Kerry said that that group embraced his values, that they were American values. Well, I'm here to tell you that the liberal cultural elite that attended that multimillion-dollar fund-raiser last night does not share the values of most Americans.

O'BRIEN: The Kerry campaign says John Kerry did not approve of some of the remarks made at the concert. Said campaign manager Mary Beth Cahill, "The performers last night speak for themselves, and John Kerry and John Edwards have made it very clear over the last week of what they think American values are and what they're going to be fighting for in this general election campaign."

Miles O'Brien, CNN, Atlanta.

(END VIDEOTAPE)

COLLINS: Controversy doesn't come cheap. A fast fact on ticket prices for last night's bash, tickets for the concert alone cost $250. For the concert and the reception, $25,000. All 5,500 tickets to the concert were sold.

The World Court says the Israeli barrier in the West Bank is illegal and ought to go. That tops our look at global stories in the uplink now. In The Hague in the Netherlands, the International Court of Justice issued a sweeping condemnation of the 425-mile-long barrier Israel is building in the West Bank. The court voted 14 to one, with only the American judge dissenting.

In Kabul, Afghanistan, the interim government has set October 9 as the date the country will hold its long-delayed presidential election. Parliamentary elections will be held in the spring.

Havana, Cuba, a notorious Colombian drug kingpin gets caught. Colombian cocaine smuggler Luis Hernando Gomez Bustamante was picked up for using a forged Venezuelan passport. Cuba plans to send the Colombian home to Bogota, where he will likely be extradited to the U.S. U.S. officials say his organization smuggled 500 metric tons of cocaine into the States over the last 14 years.

And in Angiers (ph), France, Lance Armstrong recovered from an early fall and avoided a late-stage crash in the Tour de France. Armstrong, who is trying for a record sixth straight championship, finished well back in the pack today.

And that's tonight's uplink.

Ahead on 360, an emotional plea on the Senate floor as a lawmaker remembers his son. My interview with him coming up.

Also tonight, Gwyneth Paltrow causes a big stir at a movie premiere and creates some mystery. We'll connect the dots for you.

But first, hitting puberty starting at the age of 6, it's happening to some girls. Should parents worry? Part of our special series, Too Much, Too Soon.

(COMMERCIAL BREAK)

COLLINS: Five years old, and that's a photo from 1940, just months after that amazingly young girl gave birth. Well, certainly she is unique. But you do often hear people saying kids grow up so fast these days. Well, there is actual science now to back that up. Research shows girls are hitting puberty sooner than ever.

CNN medical correspondent Elizabeth Cohen reports on the possible reasons as we continue our special series Too Much, Too Soon.

(BEGIN VIDEOTAPE)

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT (voice-over): She's an 8-year-old, playing school like other 8-year-olds.

NICOLE GRANITO, 8 YEARS OLD: No, you may not.

COHEN: But Nicole Granito's body tells a different story.

MARY GRANITO, NICOLE'S MOTHER: She's still 8 up here, you know, but she looks 12.

COHEN: At just 6 1/2 years old, Nicole started to develop breasts. Now, two years later, her doctor tells her she'll get her period soon.

MARY GRANITO: Nicole is in early puberty, and she does have -- we call them hormone swings.

Like most women, yes, in their cycles, you know, you get cranky, you get those times of the month when you're just really cranky. And she has those days, and it's...

NICOLE GRANITO: Oh, yes, I do, a lot of them.

COHEN: And she's not the only one.

(on camera): Some studies show that girls today on average hit puberty about six months to a year earlier than girls did a generation ago. So while puberty at age 6 is still considered an extreme, 7, 8, and 9 is becoming increasingly common.

(voice-over): Why is this happening? Some people blame hormones in meat and milk, but Dr. Paul Kaplowitz, who's written a book on early puberty, says there's more evidence that obesity is to blame. Childhood obesity rates have tripled over the past 30 years, and the more fat a child has, her body contains a higher level of a hormone called leptin.

DR. PAUL KAPLOWITZ, PEDIATRIC ENDOCRINOLOGIST: I think that higher levels of leptin may make it more likely that a particular child will start puberty at an earlier age.

COHEN: Dr. Kaplowitz says there is nothing unhealthy or dangerous about early puberty. Still, parents and girls do worry. Nicole has this advice.

NICOLE GRANITO: You don't have to be scared to get your puberty. It's going to be OK. You don't have to be, like, shocked and amazed, like, Oh my gosh, what am I going to do now? I got my puberty. It's, I got my period, oh, my gosh. What do I do? You don't have do that. You just have to calm down and just take a deep breath.

COHEN: Elizabeth Cohen, CNN, Atlanta.

(END VIDEOTAPE) COLLINS: Doesn't really sound 8, either. Dr. Paul Kaplowitz, who you just saw in Elizabeth's report, wrote the book "Early Puberty in Girls: The Essential Guide to Coping with This Common Problem." We spoke a little bit earlier today.

Tell me, Dr. Kaplowitz, should parents be alarmed if their child goes into puberty early?

KAPLOWITZ: Well, I think parents need to understand that signs of early puberty are not always serious, and they're most often not progressive. A 7- or 8-year-old girl who has a little pubic hair is not starting puberty, because that doesn't happen until breast development occurs. And even when breast development occurs, it very often does not progress very rapidly for first year or two.

So the majority of girls with signs of early puberty are actually not in need of medical therapy.

But obviously, parents have reason to be concerned if it is progressing and should consult their pediatrician.

COLLINS: And not all of these kids who go into puberty early actually need medical treatment. But if they do, what are some of those treatment options?

KAPLOWITZ: Well, the drug that is most commonly used for treatment is a drug called Lupron. It is a modified form of the brain hormone that signals the pituitary gland to tell the ovaries to start making estrogens. And this modified hormone actually has the opposite effect, and it blocks the pituitary gland. And it needs to be given by monthly injections, and the cost is at least $10,000 a year.

COLLINS: Wow.

KAPLOWITZ: And in my experience, this is very expensive treatment. It is effective, but in my experience, the majority of girls that I have seen with signs of early puberty do not need this form of treatment. But...

COLLINS: But do they understand what is physically happening to their bodies at that age?

KAPLOWITZ: Well, it is difficult. It's (UNINTELLIGIBLE) -- I would say 10-year-old, 9-year-olds and 10-year-olds probably can. Six-year-olds and 7-year-olds, it's difficult. I think parents can explain that this is a normal -- that's what's happening is normal, but happening a few years later. But I think that the most important thing that parents can do is to prepare girls before they have their first period.

COLLINS: It seems, though, really, that there is no clearcut, definitive scientific answer as to why this might be happening to some kids. What is your opinion on why this is happening?

KAPLOWITZ: Well, I think that, first of all, we have always had kids with precocious puberty, even 20, 30 years ago. The question of why we're now having more children is a complicated one. And there are many theories. Some people would like to relate it to chemicals in the environment that may be having estrogenlike activities.

But I think the theory for which there is the most evidence is that is it is related to the earlier onset, the higher prevalence of obesity, because there is a connection between the fat cells and the reproductive system. It is a protein called leptin. And higher levels of leptin in fat children may very well predispose to earlier onset of puberty.

But we certainly have ample data that obesity is increasing, it's tripled in children over the last 30 years.

COLLINS: Is early puberty happening in boys too?

KAPLOWITZ: Well, we do see occasional boys with early puberty, which we define as the appearance of -- signs of puberty before age 9. But it doesn't seem to be very common, and it doesn't seem to be becoming more frequent over the last 30 years.

COLLINS: All right, Dr. Paul Kaplowitz tonight, thanks so much for your time.

KAPLOWITZ: Thank you.

COLLINS: What's that on Gwyneth Paltrow's back? The strange treatment Hollywood stars are using to stay healthy.

And heavy metal gone soft? Metallica in group therapy. Will their music be the same?

360 continues.

(COMMERCIAL BREAK)

COLLINS: In the next half hour on 360, Osama bin Laden's firm grasp on terror, even in hiding. Why federal officials are connecting him to the latest terror warning. My interview with Peter Bergen, who is in Afghanistan.

Plus, a bizarre twist in the Michael Jackson case. Why is the DA Being ordered to take the stand?

First, let's check our top stories in the reset.

A new "TIME" magazine poll of likely voters shows John Kerry narrowly beating George Bush 49 percent to 45 percent. In fact, a statistic dead heat when you factor in the margin of error.

And check this out. On the question, Who would make a better president, newly crowned VP candidate John Edwards with 47 percent, Dick Cheney, 38 percent.

In Washington, the Senate Intelligence Committee's report on the CIA is out, and the news is not good at all for the embattled agency. It says the president's decision to go to war in Iraq was based on, quote, "unreasonable and largely unsupportable intelligence."

At Ramstein Air Force Base in Germany, Marine Corporal Wassef Hassoun is in good health, according to a Navy doctor who has examined him. Hassoun was flown there from Lebanon on Thursday.

In Washington, remember President Bush's missing military records? Well, it turns out they were destroyed accidentally. The Pentagon says the payroll records, which were on microfilm, were lost when they were being transferred to microfiche. Critics say the records would have established whether the president actually performed his duties while he was in the service.

In Milwaukee, Wisconsin, guilty of felony child abuse. 46-year- old Ray Hemphill was convicted in the death of an 8-year-old autistic boy. Terrance Cottrell died after a church service in which Hemphill tried to drive out demons from the boy's body.

Even though he is the most sought after fugitive in the world, Osama bin Laden and his deputies are still hard at work trying to attack the United States. That's what U.S. intelligence agencies believe. Earlier I spoke with CNN terrorism analyst Peter Bergen about these latest reports. He's in Kabul, Afghanistan.

(BEGIN VIDEOTAPE)

COLLINS: Peter, if Osama bin Laden is possibly directing operations again, what does that tell you about al Qaeda? Is it possible that they have reverted back to that familiar vertical operation and vertical organization?

PETER BERGEN, CNN MILITARY ANALYST: Certainly post the war in Afghanistan, al Qaeda took a huge hit. And the command and control that bin Laden, Ayman al-Zawahiri his deputy, exercise over al Qaeda was interfered with. But they remain sort of the ideological leaders of this movement and bin Laden's statements have led to attacks against American economic interests, against coalition partners in the Iraq war. And now there seems to be indications that Ayman al- Zawahiri and bin Laden have personally authorized some kind of attack against American interests, timed for the U.S. election in November.

So that does indicate that al Qaeda remains a -- to some degree a radical organization capable of command or control from the top.

COLLINS: And it raises several questions actually, Peter. I mean, if in fact they are communicating and directing some type of organization, operation here, how are they communicating possibly?

BERGEN: Well, the intelligence officials believe they communicate by courier. They say bin Laden is not using any kind of satellite phone, any kind of electronic communications, any kind of radio, anything that could be traced, they're not using.

So they're communicating by courier.

COLLINS: We had a huge element of surprise September 11 as well as in Spain. But now with this credible information that you just mentioned, there is at least a vague timeline of what could be this spectacular attack that we've been talking about before the November elections. Does that sound like al Qaeda to you?

BERGEN: Well, it is certainly a departure. We haven't had -- usually there is an -- you know, the element of surprise is as you mentioned 9/11, but also the embassy attacks in Africa, the USS Cole, the Madrid attacks, you also mentioned that these were all very surprising.

This would not be a surprising attack. There is a sort of timeline here as you have indicated. So that's sort of a change. But there is another thing that's coming up I want to point out, Heidi, which is bin Laden called for a truce with the members of the coalition in Iraq. And that truce is going to expire sometime around July 15.

So this is another example of some sort of timeline. I would anticipate attacks against British and Italian targets either in Britain originally or in other places around the world.

COLLINS: Peter, you know there is an article in the "New York Times" that is pointing out that he's still operating from a suspected hideout on that Afghanistan-Pakistan border. Isn't it true that that's where we believe that he has been for quite some time. And if so, why can't we find him?

BERGEN: Finding somebody in this area of the world is very hard. Bin Laden is a very disciplined person. He's not talking on his satellite phone. There is no mole within the group. Cash rewards are not working. We've had millions of dollars of rewards since '99. It's gone up to $50 million. So people around him aren't motivated by these kinds of things. From talking to people in the U.S. government they're really back at square one. The investigation as to where he is has sort of hit a brick wall.

COLLINS: All right. Peter Bergen tonight coming to us from Kabul, Afghanistan. Thanks so much, Peter.

BERGEN: Thank you, Heidi.

(END VIDEOTAPE)

COLLINS: To the courtroom now. In "Justice Served" tonight, a new twist in the Michael Jackson case. Today's courtroom quote that has everyone talking. "I have nothing to hide." And it didn't come from Jackson. Instead the words came from the man who is leading the case against the pop music star. With today's courtroom drama, CNN's Ted Rowlands.

(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT (voice-over): Attorneys for Michael Jackson say they plan to put Tom Sneddon, the district attorney of Santa Barbara county on the witness stand. Why? Because they say he engaged in prosecutorial misconduct during the investigation of Jackson which led to multiple charges of child molestation.

THEODORE BOUTROUS, MEDIA ATTORNEY: Mr. Sneddon is an elected official. And he's conducting this prosecution so to hear him testify about some of these issues would be a very important and extraordinary event.

ROWLANDS: In court, defense attorneys indicated their goal in questioning Sneddon and others is to convince the judge that seized evidence in the case should be ruled inadmissible. The evidence in question includes a number of video and audio tapes and computer files taken from a private investigator working for the Jackson defense team which may have violated Jackson's attorney-client privilege.

Sneddon said he didn't realize the investigator had been hired by Jackson's then attorney Mark Geragos and therefore what was seized should be admissible.

Michael Jackson was not in court and the judge ruled that he doesn't need to be present for any of the scheduled pretrial hearings.

The next pretrial court date of the case has been set for July 27. The expected showdown between Thomas Mesereau, Jackson's lead attorney and Tom Sneddon has been tentatively set for August 16. Ted Rowlands, CNN, Santa Maria, California.

(END VIDEOTAPE)

COLLINS: And covering the Michael Jackson case for us tonight, 360 legal analyst Kimberly Guilfoyle Newsom. So this is a little bizarre. How common is it for a prosecutor to actually testify in a case he's involved with?

KIMBERLY GUILFOYLE NEWSOM, 360 LEGAL ANALYST: It is highly unusual. And here you just don't have an assistant D.A., you have the head district attorney himself, Tom Sneddon, who's really interjecting in this case, going on -- basically putting himself into the investigation, going to this investigator's place, his place of office, taking photographs. It is basically doing this himself when he's supposed to allow the police to do it. There is a good argument that he would have to recuse himself because it is improper. However, no criminal charges should be levied against this D.A. But he really should back off.

COLLINS: Yes, it sounds like a huge conflict. Well, what about everything that he says at the hearing? Is it actually admissible at trial?

GUILFOYLE NEWSOM: Yes, he even volunteered to testify. It is the last thing any district attorney wants to do is make themselves a witness, I'll take the stand and talk about it. He says, "I have nothing to hide." It is preposterous. He should stay out of it, let his office and the police handle it. And anything he says could be used if it becomes relevant at the trial himself.

COLLINS: Well, could he actually testify at the trial then? GUILFOYLE NEWSOM: He could. If any of those issues come up, he could be called to the stand. If that's the case, there is a good argument that his whole office should be recused and that it should be taken over by a different jurisdiction. And this is where you're starting to create a lot of problems because there is already allegation that this has been prosecutorial misconduct, that this is overzealous, that he's out to get Michael Jackson, that it's a conspiracy against Michael. This sort of feeds into that.

But of course he's going say I'm a D.A. who is not afraid to get my hands dirty and get involved in this case.

COLLINS: We'll talk about the overzealousness of this, that is the defense. They've been trying to paint that picture of him. It seems like it is working.

GUILFOYLE NEWSOM: Well, it does seem like it is working. For him to come to court and say I'll testify, I have information about that. Again, Heidi, in the grand jury, he's questioning witnesses and saying that's wrong, you've got it incorrect according to records and questioning the witnesses saying no, that's not how it was. I remember. So he's making himself a witness. The defense has ever right to call him to the stand now and probably in the case itself if it goes too far.

COLLINS: So overall, how could all of this impact the case?

GUILFOYLE NEWSOM: His office could -- and it is a good argument. I mean, that's the problem. You can't do this in a case. If you're the D.A. prosecuting it, you're losing your good judgment and be an impartial person bringing this case, you then become part of it.

So maybe someone else should take it over like the attorney general.

COLLINS: Interesting indeed. Kimberly Guilfoyle Newsom, thanks so much, tonight.

Ahead on 360, Gwyneth Paltrow's back covered in bruises. What happened? We'll tell you.

And a little later, behind the music of Metallica. A new documentary.

(COMMERCIAL BREAK)

COLLINS: Putting partisan wrangling aside. The Senate unanimously approved a suicide prevention bill today. It passed after Senator Gordon Smith of Oregon choked back tears yesterday as he introduced the bill named in honor of his 21-year-old son Garret, who took his life in September.

(BEGIN VIDEO CLIP)

SEN. GORDON SMITH, (D) OREGON: ...I have committed ourselves, each in our own way, to preserving Garrett's memory by trying to help others. So that other families and children do not suffer a similar fate. Sharon and I adopted Garrett a few days after his birth. He was with a beautiful child. A handsome baby boy.

(END VIDEO CLIP)

COLLINS: Earlier today I spoke to senator smith about his crusade in memory of his son.

(BEGIN VIDEOTAPE)

COLLINS: Senator Smith, you spoke very emotionally about your son Garrett yesterday on the Senate floor. I'm just wondering if you can tell us more about him. What kind of a guy was he?

SMITH: Garrett was a beautiful young man. He was filled with his life with friends and family and loved his pets and his -- he loved cars. He was somewhat of an emotional yo-yo, however, because of the bipolar condition that he suffered.

There were -- most days he would come up from his room and be as happy as a lark. But there were days he would descend to what I would describe a dangerous mental darkness. When you have a condition like that, it is beyond reach, it is beyond reason, it is hard to understand how to help. And what would be for you and me a normal disappointment in life, for people like Garrett, they can be life ending events. That's that happened to him in his college dorm.

COLLINS: We know that he committed suicide just one day before his 22nd birthday. And as you just said, you were very aware of his mental illness. Could you have ever expected that he would do what he did?

SMITH: He told us a few weeks before that that he was seriously contemplating this and that's why I sent down his dog. We wanted to keep him around company. He we got him into a psychiatrist. We got him on a new regimen of drugs that are supposed to help him control his moods.

But things happened in the week preceding this that were so disappointing to him that we couldn't reach him for several days, only to be told by the Montgomery County police in Maryland that our son had been found dead in his apartment, the victim of his own hand.

And could I have anticipated it better? I beat myself up every day thinking what more I could have done and should have done. But at the end of the day, I recognize now that Garrett's problem was as lethal to him as cancer might be to another.

COLLINS: And Senator Smith, in speaking of an epidemic, we do know that about 3,000 children and young adults every year commit suicide. What do you say, as someone who has gone through this to other Americans who have lost a son or a daughter?

SMITH: I have found that the best antidote to grief is being grateful that you've had your loved one for as long as you have. They've been a part of your life during your turn on Earth. And so when I think of Garrett in terms of gratitude, the sorrow is replaced by memories of joy. And so that's what I would tell those who suffer like the Smith family has suffered.

COLLINS: Senator Gordon Smith, thank you tonight for talking to us about this and we certainly wish you the best of luck and we will remember Garrett here as well.

SMITH: Thank you for helping in this by airing this program.

(END VIDEOTAPE)

COLLINS: Coming up on 360 next, we'll be talking about the box office and all the big buzz. Don't go away.

(COMMERCIAL BREAK)

COLLINS: When you talk about hard rock, and I mean really hard rock, heavy metal band Metallica often comes to mind. With nearly 100 million albums sold, these are the tough guys of rock.

So why then, when a new documentary about the band is released do so many people now think of the guys as sensitive? CNN's Adaora Udoji has the story.

(BEGIN VIDEOTAPE)

ADAORA UDOJI, CNN CORRESPONDENT (voice-over): When cameras started rolling in 2001, the Metallica kingdom was crumbling.

LARS ULRICH, DRUMMER FOR METALLICA: If you're not happy to play music...

I'm prepared for the worst.

UDOJI: Founding members Lars Ulrich and James Hatfield could barely stand each other. Kirk Hammett was playing peacemaker.

ULRICH: I just feel so disrespected.

UDOJI: This documentary, "Some Kind of Monster," starts here but takes a turn, capturing the world's best-selling heavy metal band personally transform over 2 1/2 years. In the midst of turmoil, change came in the form of Phil Towels (ph).

KIRK HAMMETT, GUITARIST METALLICA: What is it you feel you're not saying now?

UDOJI: A $40,000 a month counselor who introduced them to group therapy sessions.

UNIDENTIFIED MALE: Talk about that and what does that mean?

JAMES HATFIELD, SINGER, METALLICA: I'm not enjoying being in the room with you, playing.

UDOJI: Every session was recorded. Hatfield came to realize his hard drinking was taking a toll and headed to rehab.

ULRICH: If you walk away from Metallica, I'm not sure that it would surprise me.

UDOJI: After getting sober he came back.

(on camera): How are you different today than before this project started?

HATFIELD: I've learned to accept -- be more accepting. I've learned to be more assertive for what I need and communicate, that that is king. And that all relationships really need work.

UDOJI: They're poster children for discontent, once nicknamed Alcoholica for all the alcohol they downed, now a haven of communication.

ULRICH: I was given an opportunity to kind of reconnect. The greatest lesson is probably that it is never too late to take any kind of relationships to a deeper level.

UDOJI: A deeper level derived from anger that propelled them to unprecedented success. The fuel today, understanding, and they hope their fans approve.

HATFIELD: Thank you very much for supporting Metallica through all the rough times and all the great times.

UDOJI: Adaora Udoji, CNN, New York.

(END VIDEOTAPE)

COLLINS: Time now for "The Weekender," and our favorite film critic Elvis Mitchell.

So this documentary on Metallica, will it appeal to people who aren't actually like Metallica fans?

ELVIS MITCHELL, FILM CRITIC: First of all, dude, they so rule. They so rule. The most amazing thing about...

COLLINS: Somebody actually had to teach me how to do that. I had to ask, is it this or is it this?

MITCHELL: You have a semi-"Star Trek" thing going on there. You know, it's kind of like "Star Trek" (UNINTELLIGIBLE), but it's almost working for you.

The amazing thing about some of these clips is the idea that James Hatfield thinks he needs to be more assertive.

COLLINS: Yeah, right.

MITCHELL: Because he's like all aggression. The music is all aggression. It is basically a movie about a bunch of guys who can communicate when they play and have nothing say to each other when they don't. And the filmmakers, the guys who made "Brother's Keeper." And they're amazing filmmakers, and what they do is make movies about emotional violence. We get a chance to see how this music -- this aspect really informs the band's work, and how it basically leaves them stranded when they're not making music.

It is a fascinating picture. One of the best documentaries I've seen about the creative process in a long time.

COLLINS: Wow, it looks very good. Very interesting.

MITCHELL: Give me the sign again. Come on, show me something. Represent. There you go. There you go.

COLLINS: That's right, right?

MITCHELL: (UNINTELLIGIBLE). Bring it.

COLLINS: I'm such a loser. OK. Let's talk about "Anchorman," not a loser movie. I mean, you loved this thing.

MITCHELL: This thing. You're losing me on the technical things. This thing.

COLLINS: Let's listen into a clip. This is Ron Burgundy now. Pretty funny. Let's hear it.

(BEGIN VIDEO CLIP)

WILL FERRELL, ACTOR: You really want to know what love is?

UNIDENTIFIED MALE: Yeah.

UNIDENTIFIED MALE: Yes, tell us.

UNIDENTIFIED MALE: More than anything in the world, Ron.

FERRELL: Well, it's really quite simple. It is kind of like -- (singing).

(END VIDEO CLIP)

COLLINS: OK, this sounds exactly like our newsroom. Just moments before the show.

MITCHELL: I thought I could hear Aaron tuning up right now. He's getting together on this, he's going to do a Metallica thing with you later on, I hear you guys are doing this a cappella unplugged thing.

COLLINS: Yeah, right. So, is this funny or not? I mean, is this funny?

MITCHELL: This is funny. I mean, I hate that song so much -- I can actually -- I'm sorry, I'll be OK. It is just -- what it is it's not a great movie. It is kind of sloppy in a lot of places, but what it's got is Will Ferrell, who is so good doing this kind of weird, infantile pretense at dignity, falling apart, the kind of thing he does as Alex Trebek on "Jeopardy" or as Craig the cheerleader, and he does it here. You know, he's basically a hair breadth away from falling apart at any given moment. Even though he's pretending this guy's (UNINTELLIGIBLE) held up. And he's so good at basically pomposity and really cuing it, and he's also really smart in that -- in his real star vehicle he wrote for himself. He surrounds himself with a great cast of people.

We see up there, David Koechner and Paul Rudd, and Steve Carell from "The Daily Show," which doesn't compete with this, but that's OK. It's a really funny movie in a lot of ways, and it's the kind of thing you'd be talking about, pieces that you like for a long time to come.

COLLINS: Yeah, definitely. But I understand something we might not be talking a whole lot about is "King Arthur," not so good.

MITCHELL: Well, you guys (UNINTELLIGIBLE), don't you? I mean, this is the kind of thing that kids are going to love, you know? What it is is you got this cast of British actors, really impressive group of people. Clive Owen, the amazing Kiera Knightley, who really looks like she should be a warrior until she has those little skinny arms -- tried to pull back a bow string; it would snap her in half.

COLLINS: Probably.

MITCHELL: But you know, (UNINTELLIGIBLE) aside, it's still a bad movie.

COLLINS: All right. Elvis Mitchell, I think I might not go see that one. But anyway...

MITCHELL: I'm trying to talk you off the ledge. Don't jump.

COLLINS: I won't do it. Thanks again, Elvis.

Last chance now to get in on tonight's "Buzz" question. Are you satisfied with the reasons the United States gave for going to war in Iraq? Vote now, 360.com -- excuse me, cnn.com/360. We're going to have the results at the end of the program.

Next on 360, seeing spots, connecting the dots. Does Gwyneth have bruises? No, she does not. But what are they?

(COMMERCIAL BREAK)

COLLINS: And that's tonight's "Buzz."

OK. Mystery solved. They're not crop circles. We're talking about some funny-looking blotches on Gwyneth Paltrow's back. Jason Bellini explains.

(BEGIN VIDEOTAPE)

JASON BELLINI, CNN CORRESPONDENT (voice-over): If you're Gwyneth Paltrow and you go out in public to a movie premiere, no less, displaying what looked like jumbo-sized hickeys on your back, folks are going to notice. "The New York Post" put Paltrow's polka dots on its front page Friday.

Turns out Paltrow had a cupping done. It's nothing sexual. Cupping is a 1,700-year-old acupuncture technique, mostly used for pain relief. It is also used to treat the common cold.

Our CNN intern, Heather, allowed Moshe Heller, a certified acupuncturist, to demonstrate cupping on her.

MOSHE HELLER, ACUPUNCTURIST: (UNINTELLIGIBLE) the cotton with alcohol. We warm the cup inside and we lay it on the skin. We put about anywhere, six to eight cups.

BELLINI: Cupping doesn't hurt. But Heller says the splotches last three to four days.

(on camera): From looking at the cover of "The New York Post," could you tell whether Gwyneth Paltrow had a good cupping job or not?

HELLER: It definitely seemed like she had a good cupping job. And it definitely seems like she needed it, because you could see that she had some reaction. That's what we're looking for.

BELLINI (voice-over): Paltrow has not disclosed why she got cupped. Even though cupping has been in practice in the U.S. since the early 20th century, it is shown here in 1938 on the cover of "Picture" magazine -- and again here in the cupping scene from Roman Polanski 1967 film "The Fearless Vampire Hunters," it is yet to become a red hot fad.

(on camera): Do you think that we're on the brink of a cupping renaissance?

HELLER: I definitely hope so, because then it would mean that a lot of people will have the benefit of using cupping.

BELLINI: Maybe Paltrow's red badges of courage will draw more people to this sucking sensation.

Jason Bellini, CNN, New York.

(END VIDEOTAPE)

COLLINS: Have a good weekend, everybody. 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


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