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CNN Live At Daybreak

Sealed Information About Kobe Bryant's Accuser Leaked To Media

Aired July 29, 2004 - 06:30   ET

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


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


CAROL COSTELLO, CNN ANCHOR: John Kerry's big day has arrived. It is Thursday, July 29th.
This is DAYBREAK.

And good morning to you from the CNN global headquarters in Atlanta. I'm Carol Costello.

Now in the news.

It is official. John Kerry is now the Democratic nominee for president. The roll call vote capped a day at the party's convention that saw Kerry arrive in Boston on a water ferry.

Running mate John Edwards rallied the crowd with a passionate speech.

Another kidnapping in Iraq today, this time it's a Somali driver who's been captured. The Arab television station Al-Jazeera reports militants are vowing to kill the man in 48 hours if his Kuwaiti company does not leave Iraq.

Iraqi Prime Minister Ayad Allawi has accepted an invitation from Colin Powell to visit the United States. The two wrapped up their meeting in Saudi Arabia just a short time ago. They discussed a proposal to send Muslim troops to Iraq.

A woman detained by border agents in Texas is on an FBI watch list for possible terrorist ties. She was held after agents discovered a number of pages had been torn from her South African passport.

President Bush could be ready to sign an executive order on intelligence soon. Aides are working on an order based on the recommendations in the final report of the 9/11 commission.

Keeping you informed, CNN, the most trusted name in news -- Rob?

ROB MARCIANO, CNN METEOROLOGIST: Carol, improving weather in many parts of the country today after some rain across the Northeast, but other spots are getting some serious rain.

(WEATHER BREAK)

COSTELLO: Good advice. Thank you, Rob.

MARCIANO: You bet. COSTELLO: Just in case you missed him, it was John Edwards' night at the Democratic national convention. Edwards then rallied the party faithful with words like these.

(BEGIN VIDEO CLIP)

SENATOR JOHN EDWARDS (D-NC), VICE PRESIDENTIAL CANDIDATE: I want to be very clear about this. We are going to keep and protect the tax cuts for 98 percent of Americans -- 98 percent. We're going to roll back, we're going to roll back the tax cuts for the wealthiest Americans. We're going to close corporate loopholes. We're going to cut government contractors and wasteful spending.

(END VIDEO CLIP)

COSTELLO: Edwards was introduced by his wife, Elizabeth, who was introduced by their daughter Kate. And Mrs. Edwards stirred up the crowd with this.

(BEGIN VIDEO CLIP)

ELIZABETH EDWARDS, WIFE OF SENATOR JOHN EDWARDS: You know I married the smartest, toughest, sweetest man I know. And in two days we will celebrate 27 years of marriage...

(APPLAUSE)

EDWARDS: ... the way we always do. We'll do it the way we always do, at Wendy's. Whether it's Wendy's or Washington I found that it's true, it's not where you go, it to you go with.

(END VIDEO CLIP)

COSTELLO: Be sure to join CNN for all of your convention coverage. CNN will bring you Senator Kerry's acceptance speech live at 10:00 p.m. "AARON BROWN" wraps up the night at 11:00 p.m. He's followed at midnight by "LARRY KING LIVE" from the convention floor. All times, of course, Eastern Standard Time.

Here are some stories making news across America this Thursday.

Police in Salt Lake City are spending a third straight early morning searching an area landfill. So far police have turned up no clues in the disappearance of Lori Hacking. The 27-year-old woman was last seen July 19th. Husband Mark Hacking is the only person of interest police are naming in the case.

Are some New Jersey police guilty of racial profiling? That is the accusation from hip-hop mogul Russell Simmons after the arrest of his wife. Model Kimora Lee Simmons was charged with marijuana possession and evading police.

Police deny the accusation and say they were attempting to pull her over for a broken taillight.

An Army sergeants says he didn't think he did anything wrong when he commandeered a civilian vehicle in Iraq and allowed soldiers under his command to consume alcohol. A military judge is expected to begin deliberations today in the court-martial of Sergeant First Class James Williams. He's charged with dereliction of duty.

Yet another mistake is made in the Kobe Bryant case. Sealed documents that included DNA evidence and the accusers full name were posted on a Web site for everyone to see.

Will this jeopardize the case or will the court just have to change the way it does business? For some answers, let's do some "Coffey Talk" with our legal analyst Kendall Coffey. He joins us live from Miami.

Good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning.

COSTELLO: So, another clerk mistakenly releases this information on the Internet for everyone to see. And this had very important information, too.

COFFEY: Very significant in terms of some of the DNA findings indicating that there was an unidentified man who had also had intimate contact very, very recently with the alleged victim.

Meanwhile, what's going on here? This is the third bungling mistake disclosing critical things that are obviously very, very embarrassing for the alleged victim. And it's got to be a very bad message for anyone else who thinks that the courts are supposed to be able to maintain confidentiality and privacy.

COSTELLO: Well, exactly. The slip-up occurred when a clerk accessed the wrong computer document and a critical safeguard was omitted. But you have to wonder, as you said, how in the world this could happen again.

COFFEY: And it's the second time the court has done it. Meanwhile, as we talked about last week, the U.S. Supreme Court has this huge controversy over the various transcripts that a court reporter sent out of the June 21st, June 22nd hearing, which dealt with the rape shield law issues. And that now has teed up a major question of whether or not a judge has a right to prevent the media from publishing materials that they already received.

COSTELLO: What might this do to the trial itself?

COFFEY: Well I think ultimately it's not going to have a huge impact on the trial because what's going to happen in the trial is going to be decided by the judge's ruling.

There's not too much in there that is going to be released publicly that the jury isn't going to actually hear, because I think what the judge is going to do with the two days of hearing is get some redactions and tailor it to what is going to be held admissible.

But I just think that the statement it makes to a alleged victims of sexual assault around the country, in light of what this alleged victim has been through, is a message that could be resonating in a very painful way for some time to come.

COSTELLO: We'll you wonder what the accuser will do. I mean she's already gotten death threats and that was before this stuff was accidentally posted on the Web.

COFFEY: Well her mother described how she's had to move to four different states because everywhere she goes she is absolutely inundated with people who are -- inquiring media, members of the public, et cetera.

But she says she's determined to go on with the case. So it looks like, as of right now, late August, they will be picking a jury and going forward with the trial of Kobe Bryant.

COSTELLO: Kendall Coffey live from Miami with some "Coffey Talk" this morning, thank you.

COFFEY: Thank you.

COSTELLO: You can get more details on the accidental postings when you visit our Web site. You can also keep up with the latest developments on the Kobe Bryant case as well as other high-profile legal actions. All that at cnn.com.

Let's go up to the weather center and Rob Marciano. You have new pictures for us of some severe flooding?

MARCIANO: Yes, we've been talking about the flooding in Dallas all morning long. And now we have some video of -- I haven't seen yet -- but I assume some flooded roadways out of Lancaster.

WFAA is our affiliate. You see the lightning in the background. That's another issue. And obviously, you're standing in two feet of water, lightning strikes don't necessarily help.

But the biggest problem has been flooding. And roadways have been flooded, and even patrol cars stranded in an effort for these law enforcement officials to rescue other folks.

Lancaster, if you don't know, is just south of Dallas. It's south of I-20 and just to the East of I-35. It's right in the area we talked about, about in the last 20 minutes to an hour of what's been getting hit the hardest, numerous lightning strikes.

I mean, that's another issue. And here now, wow -- obviously somebody being rescued and hopefully OK.

I suspect we'll see more of this throughout the morning. This is obviously a well-populated area. And when we're talking about 10 to 12 inches of rainfall really over about a 12-hour. I mean landfall, any sort of stream can't handle that, so it's going to go on the roads. And that's as far as this situation has got. And on top of that, we've got even more rain happening right now. Here's Dallas. Here's the radar. Here is that Southern Dallas County. This is Lancaster. That's where that video was out of. And just to the east of I-35 is another batch of heavy rain now. So it's getting hammered in the exact same spots over and over again.

And if you look back through here, Carol, more moisture is going to be heading in that way. So it doesn't look like it's going to get better just yet, probably in it for another six hours or so.

So some dramatic video, no doubt about that. Hopefully those folks that were stranded were rescued OK.

COSTELLO: Those pictures were just coming into us, so we don't have much information about them.

MARCIANO: Right.

COSTELLO: But of course we'll find out the information and then pass it along. Rob, thank you.

MARCIANO: You bet.

COSTELLO: You would think Michael Moore would be welcome among the Democrats. But next, why some Dems think he's just a big distraction.

And we'll show you ponies who took the channel challenge.

This is DAYBREAK for Thursday.

(COMMERCIAL BREAK)

COSTELLO: Michael Moore's controversial documentary "Fahrenheit 9.11" was shown in Crawford, Texas very close to President Bush's ranch. However, Moore himself was not there. Too bad because one Crawford resident had prepared a sign for Moore placed, as you see, atop 20 bags of cow manure.

The president is at his ranch this week.

While Michael Moore has a bone or two to pick with Bush, he's not exactly for John Kerry either. CNN's Tom Foreman has more on that for you.

(BEGIN VIDEO VIDEOTAPE)

CROWD: Michael. Michael. Michael.

TOM FOREMAN, CNN CORRESPONDENT(voice-over): All over Boston, ever since the convention started, it has been more Moore, Moore, Moore.

MICHAEL MOORE, DIRECTOR, "FAHRENHEIT 9/11". You're supposed to be able to believe the president. You're supposed to.

(megaphone) Members of Congress. This is Michael Moore. FOREMAN: Michael Moore's relentless attacks on President Bush with his film "Fahrenheit 9/11" and now in person have earned a hero's welcome. He was even seated with former President Jimmy Carter, who is not talking publicly about it, while Moore is saying plenty.

MOORE: He said to me, I can't think of anyone I would rather have sit with me tonight than you.

QUESTION: How did you feel about that?

MOORE: I was so blown away.

FOREMAN: Moore says he's an independent, not a Democrat. And some top Democrats don't like all the attention he's getting, but he has struck a chord, railing against the war, Republicans and the media.

MOORE: We need you to ask the questions. Demand the evidence. Demand the evidence. Don't ever send us to war without asking the questions.

FOREMAN: That said, he has no plans to endorse John Kerry.

MOORE: When John Kerry becomes president on January 20th next year, on January 21st that camera lens of mine is going to be pointed at him because that's my job done.

QUESTION: Are you going to go to the Republican convention?

MOORE: I already have my credentials for the Republican convention and so do my 25 bodyguards.

FOREMAN: But Moore dropped plans to attend the latest premier of his film a short distance from President Bush's ranch in taxes. Despite his courting of the media here, Moore says he does not want the story to be all about him.

Tom Foreman, CNN, Boston.

(END VIDEOTAPE)

COSTELLO: John Kerry's extended family, daughters Alexandra and Vanessa, and stepsons Chris and Andre Heinz will be guests on CNN's AMERICAN MORNING. And of course AMERICAN MORNING starts just about 15 minutes from now.

Your news, money, weather and sports - it's 6:45 Eastern.

Here is what's all new this morning.

Secretary of State Colin Powell has wrapped up a meeting with the Iraqi prime minister. He wrapped it up about an hour or two a go.

The two discussed a Saudi proposal to send Muslims troops into Iraq. The talks come as militants take yet another hostage in Iraq and vows to kill him if his Kuwaiti company does not leave the country.

In Haiti, supporters of ousted President Jean Bertrand Aristide took to the streets to demand his return. In the meantime, a group of Caribbean nations is deciding whether to recognize the new U.S.-backed leadership.

In money news, the price of crude oil has hit a record high. Traders say the price spike follows concerns over the Russian government's dispute with oil giant Yukos, Russia's largest petroleum exporter.

In culture, Jessica Simpson's younger sister Ashlee is now the first in the family to notch a number one album. The actor turned singer's debut "Autobiography" jumped to the top of the Billboard 200 albums chart.

In sports, three-time NBA all-star Peja Stojakovic of the Sacramento Kings says he will not play for his homeland in the Athens Olympics. The decision could hurt Serbia's chances for a medal -- Rob?

MARCIANO: Hey Carol, here's your weather forecast map across the country today.

(WEATHER BREAK)

MARCIANO: Back over to you.

COSTELLO: Thank you, Rob.

Those are the latest headlines for you.

You heard Rob talking about the flooding in Texas. Dallas and Fort Worth dealing with some Texas-sized flooding. Nearly a foot of rain hit the town of Lancaster where hundreds of homes are now damaged.

WFAA's Cynthia Vega joins us from the 911 dispatch center in Lancaster right outside of Dallas.

Tell us more, Cynthia.

CYNTIA VEGA, WFAA CORRESPONDENT: We'll this is the worst flash flooding these folks have seen in years, as you said, very heavy hit -- last night, particularly.

And we are here at the 911 dispatch center where they are responding to their own kind of crisis. At this point, they are down to one operator handling calls because the rain came straight through the roof last night bringing in as many as four inches of rain into this area alone. You can imagine it's very difficult for them to respond to the crisis in the neighboring community.

Take a look at some of the video out there. There is high flooding going on, as we speak. The creek through the center of town is over flooded causing that damage to as many as 200 homes. There are rescue boats out there, as we speak, going home to home pulling people off of their rooftops, out of their homes, rescuing one woman, were told, from a tree where she was clinging for life there.

At the same time, many of the streets are closed, more than 30 at this point. And rescue crews out there trying to get people out of the high waters. Rescue efforts going on right now.

And again back here at the 911 system, they are able to respond to calls, but they are not able to actually receive them. They are having to go through nearby Dallas County to field those calls, initially.

It is really quite a crisis going on here as we speak, but amazingly, right now, no one has been seriously injured. They hope to keep it that way, but the rain continues to fall.

Live for CNN, I'm Cynthia Vega.

COSTELLO: All right. Thank you, Cynthia. We appreciate it.

Let's head live to New York now and Boston, by the way -- Bill's in Boston, Heidi's in New York -- for a look at what's coming up on AMERICAN MORNING.

Good morning.

HEIDI COLLINS, CNN "AMERICAN MORNING" ANCHOR. Hi, Carol.

BILL HAMMER, CNN "AMERICAN MORNING" ANCHOR. Hey, we're almost there, Carol.

Day four now, first hour today, Madeleine Albright, Rudy Giuliani, Rob Reiner, the Kerry and the Heinz children -- just in the first hour this morning.

Heidi, we've got a packed show again from Boston, all building again toward the big moment tonight, and that's John Kerry's speech here.

How're you doing? Good morning to you, Heidi.

COLLINS: I'm doing great, Bill. Thanks so much. Sounds like an excellent list of interviews there. We'll be getting to those, as the show begins at 7:00 this morning.

We will also be talking about an arrest on the border of Texas and Mexico, a woman there, who was on the FBI watch list. We'll tell you all about that and have a live report as well.

We will also update you on the missing woman story in Utah, a woman from Salt Lake City. Details now on who may have been one of the last people to see Laurie Hacking.

Her husband is the only one named by police right now as a person of interest, but why aren't police keeping a closer eye on him? We will get to all of that. Bill, back to you.

HEMMER: All right, Heidi, thanks. See you at the top of the hour, all right?

COLLINS: Sounds good.

HEMMER: Carol, back to you now at the CNN Center.

COSTELLO: A lot of tossing going on there. Thanks guys. We'll see you in about 10 minutes.

Tale of a rogue beast proves true in rural, southern Georgia. Take a look at this. Next the story of the 1,000 Hogzilla.

(COMMERCIAL BREAK)

COSTELLO: It is that time when we give away the beautiful DAYBREAK coffee mug.

MARCIANO: I still don't have one of those things.

COSTELLO: You can't have that one, either.

MARCIANO: I'm going to steal one at some point.

All right. Yesterday, this was the question yesterday. We asked, what television network is reporting live from the DNC for the first time? That would be the Democratic national convention. And the answer is, Al-Jazeera.

Also, we told you about a tree house custom-built for people with wheelchairs. Where is that playground located? And answer is, Greenfield, New Hampshire.

And the winner is, Tom Johansmeyer from Boston, Massachusetts. And Tom, I apologize if I messed that up. That's the best I could -- you got a better shot at it, Carol? You're laughing at me again.

COSTELLO: I think it's Johansmeyer.

MARCIANO: Isn't that what I said?

COSTELLO: Or it could be Johansmeyer.

MARCIANO: I tried to throw -- I try to act international, you know.

COSTELLO: And it's working for you.

MARCIANO: What do you got from the hog?

COSTELLO: Were going to do Hogzilla right now.

OK. Hogzilla, my favorite story of the day. This is the most clicked on story on cnn.com. This giant hog was found in rural Georgia. It's 1,000 pounds, 12 feet long, has nine inch tusks.

MARCIANO: That can't be real. Do you think it's...

COSTELLO: It was always considered a myth, like an urban legend -- not an urban, it would be a rural legend. And actually it was eating plants because it's a lot of peanut farms out there. It was destroying property.

MARCIANO: So it's like the pest?

COSTELLO: It was a pest.

MARCIANO: So they had to get rid of it.

COSTELLO: They had to get rid of it. And they did.

As you can see, this hunter took Hogzilla down. They buried it somewhere on the property because apparently you can't really eat that type of meat from that particular type of ferrel hog.

MARCIANO: Looks pretty big to be lugging around the countryside too.

COSTELLO: I have lost communication. Oh, I have it now.

MARCIANO: I have communication.

COSTELLO: One of my producers told...

MARCIANO: Will you do page 96 -- I don't know what that means.

COSTELLO: Page 96. Rob will join me for the lightning round. That's coming up next. Stick around.

(COMMERCIAL BREAK)

COSTELLO: OK. It is time for the lightning round now. So let's get right to it.

MARCIANO: Lots of monkeys.

COSTELLO: Yes, lots of monkeys.

Two times the monkey fun at the Jerusalem zoo, twin Tamaran monkeys were born there earlier this month. The monkeys are endangered, but as long as they keep coming two at a time maybe things will be OK.

MARCIANO: Look like a lion type of monkey, you know?

COSTELLO: A lion type of monkey?

MARCIANO: Yes, the big mane around the head.

COSTELLO: They're very cute.

MARCIANO: That's very cool.

COSTELLO: Those fun loving Dutch are at it again. This time some retirees took part in their own electric buggy Grand Prix. The event could become a big deal since the Netherlands has one of the world's highest life expectancies.

MARCIANO: All right? And a lot of bicyclists as well.

COSTELLO: Very cute.

What a sight, the wild ponies completed their swim to the Chincoteague island in front of about 40,000 spectators. Today some of the horses will be auctioned to help fund the island's volunteer fire department.

You know, I think we should check on the weather one more time in Dallas before we go.

MARCIANO: Seeing how there are horses running through rivers there. We showed video of flooding in Dallas and the radar continues to show more rain on the way.

(WEATHER BREAK)

COSTELLO: Be careful out there.

From the CNN Global Headquarters in Atlanta, I'm Carol Costello along with Rob Marciano.

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 July 29, 2004 - 06:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: John Kerry's big day has arrived. It is Thursday, July 29th.
This is DAYBREAK.

And good morning to you from the CNN global headquarters in Atlanta. I'm Carol Costello.

Now in the news.

It is official. John Kerry is now the Democratic nominee for president. The roll call vote capped a day at the party's convention that saw Kerry arrive in Boston on a water ferry.

Running mate John Edwards rallied the crowd with a passionate speech.

Another kidnapping in Iraq today, this time it's a Somali driver who's been captured. The Arab television station Al-Jazeera reports militants are vowing to kill the man in 48 hours if his Kuwaiti company does not leave Iraq.

Iraqi Prime Minister Ayad Allawi has accepted an invitation from Colin Powell to visit the United States. The two wrapped up their meeting in Saudi Arabia just a short time ago. They discussed a proposal to send Muslim troops to Iraq.

A woman detained by border agents in Texas is on an FBI watch list for possible terrorist ties. She was held after agents discovered a number of pages had been torn from her South African passport.

President Bush could be ready to sign an executive order on intelligence soon. Aides are working on an order based on the recommendations in the final report of the 9/11 commission.

Keeping you informed, CNN, the most trusted name in news -- Rob?

ROB MARCIANO, CNN METEOROLOGIST: Carol, improving weather in many parts of the country today after some rain across the Northeast, but other spots are getting some serious rain.

(WEATHER BREAK)

COSTELLO: Good advice. Thank you, Rob.

MARCIANO: You bet. COSTELLO: Just in case you missed him, it was John Edwards' night at the Democratic national convention. Edwards then rallied the party faithful with words like these.

(BEGIN VIDEO CLIP)

SENATOR JOHN EDWARDS (D-NC), VICE PRESIDENTIAL CANDIDATE: I want to be very clear about this. We are going to keep and protect the tax cuts for 98 percent of Americans -- 98 percent. We're going to roll back, we're going to roll back the tax cuts for the wealthiest Americans. We're going to close corporate loopholes. We're going to cut government contractors and wasteful spending.

(END VIDEO CLIP)

COSTELLO: Edwards was introduced by his wife, Elizabeth, who was introduced by their daughter Kate. And Mrs. Edwards stirred up the crowd with this.

(BEGIN VIDEO CLIP)

ELIZABETH EDWARDS, WIFE OF SENATOR JOHN EDWARDS: You know I married the smartest, toughest, sweetest man I know. And in two days we will celebrate 27 years of marriage...

(APPLAUSE)

EDWARDS: ... the way we always do. We'll do it the way we always do, at Wendy's. Whether it's Wendy's or Washington I found that it's true, it's not where you go, it to you go with.

(END VIDEO CLIP)

COSTELLO: Be sure to join CNN for all of your convention coverage. CNN will bring you Senator Kerry's acceptance speech live at 10:00 p.m. "AARON BROWN" wraps up the night at 11:00 p.m. He's followed at midnight by "LARRY KING LIVE" from the convention floor. All times, of course, Eastern Standard Time.

Here are some stories making news across America this Thursday.

Police in Salt Lake City are spending a third straight early morning searching an area landfill. So far police have turned up no clues in the disappearance of Lori Hacking. The 27-year-old woman was last seen July 19th. Husband Mark Hacking is the only person of interest police are naming in the case.

Are some New Jersey police guilty of racial profiling? That is the accusation from hip-hop mogul Russell Simmons after the arrest of his wife. Model Kimora Lee Simmons was charged with marijuana possession and evading police.

Police deny the accusation and say they were attempting to pull her over for a broken taillight.

An Army sergeants says he didn't think he did anything wrong when he commandeered a civilian vehicle in Iraq and allowed soldiers under his command to consume alcohol. A military judge is expected to begin deliberations today in the court-martial of Sergeant First Class James Williams. He's charged with dereliction of duty.

Yet another mistake is made in the Kobe Bryant case. Sealed documents that included DNA evidence and the accusers full name were posted on a Web site for everyone to see.

Will this jeopardize the case or will the court just have to change the way it does business? For some answers, let's do some "Coffey Talk" with our legal analyst Kendall Coffey. He joins us live from Miami.

Good morning, Kendall.

KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning.

COSTELLO: So, another clerk mistakenly releases this information on the Internet for everyone to see. And this had very important information, too.

COFFEY: Very significant in terms of some of the DNA findings indicating that there was an unidentified man who had also had intimate contact very, very recently with the alleged victim.

Meanwhile, what's going on here? This is the third bungling mistake disclosing critical things that are obviously very, very embarrassing for the alleged victim. And it's got to be a very bad message for anyone else who thinks that the courts are supposed to be able to maintain confidentiality and privacy.

COSTELLO: Well, exactly. The slip-up occurred when a clerk accessed the wrong computer document and a critical safeguard was omitted. But you have to wonder, as you said, how in the world this could happen again.

COFFEY: And it's the second time the court has done it. Meanwhile, as we talked about last week, the U.S. Supreme Court has this huge controversy over the various transcripts that a court reporter sent out of the June 21st, June 22nd hearing, which dealt with the rape shield law issues. And that now has teed up a major question of whether or not a judge has a right to prevent the media from publishing materials that they already received.

COSTELLO: What might this do to the trial itself?

COFFEY: Well I think ultimately it's not going to have a huge impact on the trial because what's going to happen in the trial is going to be decided by the judge's ruling.

There's not too much in there that is going to be released publicly that the jury isn't going to actually hear, because I think what the judge is going to do with the two days of hearing is get some redactions and tailor it to what is going to be held admissible.

But I just think that the statement it makes to a alleged victims of sexual assault around the country, in light of what this alleged victim has been through, is a message that could be resonating in a very painful way for some time to come.

COSTELLO: We'll you wonder what the accuser will do. I mean she's already gotten death threats and that was before this stuff was accidentally posted on the Web.

COFFEY: Well her mother described how she's had to move to four different states because everywhere she goes she is absolutely inundated with people who are -- inquiring media, members of the public, et cetera.

But she says she's determined to go on with the case. So it looks like, as of right now, late August, they will be picking a jury and going forward with the trial of Kobe Bryant.

COSTELLO: Kendall Coffey live from Miami with some "Coffey Talk" this morning, thank you.

COFFEY: Thank you.

COSTELLO: You can get more details on the accidental postings when you visit our Web site. You can also keep up with the latest developments on the Kobe Bryant case as well as other high-profile legal actions. All that at cnn.com.

Let's go up to the weather center and Rob Marciano. You have new pictures for us of some severe flooding?

MARCIANO: Yes, we've been talking about the flooding in Dallas all morning long. And now we have some video of -- I haven't seen yet -- but I assume some flooded roadways out of Lancaster.

WFAA is our affiliate. You see the lightning in the background. That's another issue. And obviously, you're standing in two feet of water, lightning strikes don't necessarily help.

But the biggest problem has been flooding. And roadways have been flooded, and even patrol cars stranded in an effort for these law enforcement officials to rescue other folks.

Lancaster, if you don't know, is just south of Dallas. It's south of I-20 and just to the East of I-35. It's right in the area we talked about, about in the last 20 minutes to an hour of what's been getting hit the hardest, numerous lightning strikes.

I mean, that's another issue. And here now, wow -- obviously somebody being rescued and hopefully OK.

I suspect we'll see more of this throughout the morning. This is obviously a well-populated area. And when we're talking about 10 to 12 inches of rainfall really over about a 12-hour. I mean landfall, any sort of stream can't handle that, so it's going to go on the roads. And that's as far as this situation has got. And on top of that, we've got even more rain happening right now. Here's Dallas. Here's the radar. Here is that Southern Dallas County. This is Lancaster. That's where that video was out of. And just to the east of I-35 is another batch of heavy rain now. So it's getting hammered in the exact same spots over and over again.

And if you look back through here, Carol, more moisture is going to be heading in that way. So it doesn't look like it's going to get better just yet, probably in it for another six hours or so.

So some dramatic video, no doubt about that. Hopefully those folks that were stranded were rescued OK.

COSTELLO: Those pictures were just coming into us, so we don't have much information about them.

MARCIANO: Right.

COSTELLO: But of course we'll find out the information and then pass it along. Rob, thank you.

MARCIANO: You bet.

COSTELLO: You would think Michael Moore would be welcome among the Democrats. But next, why some Dems think he's just a big distraction.

And we'll show you ponies who took the channel challenge.

This is DAYBREAK for Thursday.

(COMMERCIAL BREAK)

COSTELLO: Michael Moore's controversial documentary "Fahrenheit 9.11" was shown in Crawford, Texas very close to President Bush's ranch. However, Moore himself was not there. Too bad because one Crawford resident had prepared a sign for Moore placed, as you see, atop 20 bags of cow manure.

The president is at his ranch this week.

While Michael Moore has a bone or two to pick with Bush, he's not exactly for John Kerry either. CNN's Tom Foreman has more on that for you.

(BEGIN VIDEO VIDEOTAPE)

CROWD: Michael. Michael. Michael.

TOM FOREMAN, CNN CORRESPONDENT(voice-over): All over Boston, ever since the convention started, it has been more Moore, Moore, Moore.

MICHAEL MOORE, DIRECTOR, "FAHRENHEIT 9/11". You're supposed to be able to believe the president. You're supposed to.

(megaphone) Members of Congress. This is Michael Moore. FOREMAN: Michael Moore's relentless attacks on President Bush with his film "Fahrenheit 9/11" and now in person have earned a hero's welcome. He was even seated with former President Jimmy Carter, who is not talking publicly about it, while Moore is saying plenty.

MOORE: He said to me, I can't think of anyone I would rather have sit with me tonight than you.

QUESTION: How did you feel about that?

MOORE: I was so blown away.

FOREMAN: Moore says he's an independent, not a Democrat. And some top Democrats don't like all the attention he's getting, but he has struck a chord, railing against the war, Republicans and the media.

MOORE: We need you to ask the questions. Demand the evidence. Demand the evidence. Don't ever send us to war without asking the questions.

FOREMAN: That said, he has no plans to endorse John Kerry.

MOORE: When John Kerry becomes president on January 20th next year, on January 21st that camera lens of mine is going to be pointed at him because that's my job done.

QUESTION: Are you going to go to the Republican convention?

MOORE: I already have my credentials for the Republican convention and so do my 25 bodyguards.

FOREMAN: But Moore dropped plans to attend the latest premier of his film a short distance from President Bush's ranch in taxes. Despite his courting of the media here, Moore says he does not want the story to be all about him.

Tom Foreman, CNN, Boston.

(END VIDEOTAPE)

COSTELLO: John Kerry's extended family, daughters Alexandra and Vanessa, and stepsons Chris and Andre Heinz will be guests on CNN's AMERICAN MORNING. And of course AMERICAN MORNING starts just about 15 minutes from now.

Your news, money, weather and sports - it's 6:45 Eastern.

Here is what's all new this morning.

Secretary of State Colin Powell has wrapped up a meeting with the Iraqi prime minister. He wrapped it up about an hour or two a go.

The two discussed a Saudi proposal to send Muslims troops into Iraq. The talks come as militants take yet another hostage in Iraq and vows to kill him if his Kuwaiti company does not leave the country.

In Haiti, supporters of ousted President Jean Bertrand Aristide took to the streets to demand his return. In the meantime, a group of Caribbean nations is deciding whether to recognize the new U.S.-backed leadership.

In money news, the price of crude oil has hit a record high. Traders say the price spike follows concerns over the Russian government's dispute with oil giant Yukos, Russia's largest petroleum exporter.

In culture, Jessica Simpson's younger sister Ashlee is now the first in the family to notch a number one album. The actor turned singer's debut "Autobiography" jumped to the top of the Billboard 200 albums chart.

In sports, three-time NBA all-star Peja Stojakovic of the Sacramento Kings says he will not play for his homeland in the Athens Olympics. The decision could hurt Serbia's chances for a medal -- Rob?

MARCIANO: Hey Carol, here's your weather forecast map across the country today.

(WEATHER BREAK)

MARCIANO: Back over to you.

COSTELLO: Thank you, Rob.

Those are the latest headlines for you.

You heard Rob talking about the flooding in Texas. Dallas and Fort Worth dealing with some Texas-sized flooding. Nearly a foot of rain hit the town of Lancaster where hundreds of homes are now damaged.

WFAA's Cynthia Vega joins us from the 911 dispatch center in Lancaster right outside of Dallas.

Tell us more, Cynthia.

CYNTIA VEGA, WFAA CORRESPONDENT: We'll this is the worst flash flooding these folks have seen in years, as you said, very heavy hit -- last night, particularly.

And we are here at the 911 dispatch center where they are responding to their own kind of crisis. At this point, they are down to one operator handling calls because the rain came straight through the roof last night bringing in as many as four inches of rain into this area alone. You can imagine it's very difficult for them to respond to the crisis in the neighboring community.

Take a look at some of the video out there. There is high flooding going on, as we speak. The creek through the center of town is over flooded causing that damage to as many as 200 homes. There are rescue boats out there, as we speak, going home to home pulling people off of their rooftops, out of their homes, rescuing one woman, were told, from a tree where she was clinging for life there.

At the same time, many of the streets are closed, more than 30 at this point. And rescue crews out there trying to get people out of the high waters. Rescue efforts going on right now.

And again back here at the 911 system, they are able to respond to calls, but they are not able to actually receive them. They are having to go through nearby Dallas County to field those calls, initially.

It is really quite a crisis going on here as we speak, but amazingly, right now, no one has been seriously injured. They hope to keep it that way, but the rain continues to fall.

Live for CNN, I'm Cynthia Vega.

COSTELLO: All right. Thank you, Cynthia. We appreciate it.

Let's head live to New York now and Boston, by the way -- Bill's in Boston, Heidi's in New York -- for a look at what's coming up on AMERICAN MORNING.

Good morning.

HEIDI COLLINS, CNN "AMERICAN MORNING" ANCHOR. Hi, Carol.

BILL HAMMER, CNN "AMERICAN MORNING" ANCHOR. Hey, we're almost there, Carol.

Day four now, first hour today, Madeleine Albright, Rudy Giuliani, Rob Reiner, the Kerry and the Heinz children -- just in the first hour this morning.

Heidi, we've got a packed show again from Boston, all building again toward the big moment tonight, and that's John Kerry's speech here.

How're you doing? Good morning to you, Heidi.

COLLINS: I'm doing great, Bill. Thanks so much. Sounds like an excellent list of interviews there. We'll be getting to those, as the show begins at 7:00 this morning.

We will also be talking about an arrest on the border of Texas and Mexico, a woman there, who was on the FBI watch list. We'll tell you all about that and have a live report as well.

We will also update you on the missing woman story in Utah, a woman from Salt Lake City. Details now on who may have been one of the last people to see Laurie Hacking.

Her husband is the only one named by police right now as a person of interest, but why aren't police keeping a closer eye on him? We will get to all of that. Bill, back to you.

HEMMER: All right, Heidi, thanks. See you at the top of the hour, all right?

COLLINS: Sounds good.

HEMMER: Carol, back to you now at the CNN Center.

COSTELLO: A lot of tossing going on there. Thanks guys. We'll see you in about 10 minutes.

Tale of a rogue beast proves true in rural, southern Georgia. Take a look at this. Next the story of the 1,000 Hogzilla.

(COMMERCIAL BREAK)

COSTELLO: It is that time when we give away the beautiful DAYBREAK coffee mug.

MARCIANO: I still don't have one of those things.

COSTELLO: You can't have that one, either.

MARCIANO: I'm going to steal one at some point.

All right. Yesterday, this was the question yesterday. We asked, what television network is reporting live from the DNC for the first time? That would be the Democratic national convention. And the answer is, Al-Jazeera.

Also, we told you about a tree house custom-built for people with wheelchairs. Where is that playground located? And answer is, Greenfield, New Hampshire.

And the winner is, Tom Johansmeyer from Boston, Massachusetts. And Tom, I apologize if I messed that up. That's the best I could -- you got a better shot at it, Carol? You're laughing at me again.

COSTELLO: I think it's Johansmeyer.

MARCIANO: Isn't that what I said?

COSTELLO: Or it could be Johansmeyer.

MARCIANO: I tried to throw -- I try to act international, you know.

COSTELLO: And it's working for you.

MARCIANO: What do you got from the hog?

COSTELLO: Were going to do Hogzilla right now.

OK. Hogzilla, my favorite story of the day. This is the most clicked on story on cnn.com. This giant hog was found in rural Georgia. It's 1,000 pounds, 12 feet long, has nine inch tusks.

MARCIANO: That can't be real. Do you think it's...

COSTELLO: It was always considered a myth, like an urban legend -- not an urban, it would be a rural legend. And actually it was eating plants because it's a lot of peanut farms out there. It was destroying property.

MARCIANO: So it's like the pest?

COSTELLO: It was a pest.

MARCIANO: So they had to get rid of it.

COSTELLO: They had to get rid of it. And they did.

As you can see, this hunter took Hogzilla down. They buried it somewhere on the property because apparently you can't really eat that type of meat from that particular type of ferrel hog.

MARCIANO: Looks pretty big to be lugging around the countryside too.

COSTELLO: I have lost communication. Oh, I have it now.

MARCIANO: I have communication.

COSTELLO: One of my producers told...

MARCIANO: Will you do page 96 -- I don't know what that means.

COSTELLO: Page 96. Rob will join me for the lightning round. That's coming up next. Stick around.

(COMMERCIAL BREAK)

COSTELLO: OK. It is time for the lightning round now. So let's get right to it.

MARCIANO: Lots of monkeys.

COSTELLO: Yes, lots of monkeys.

Two times the monkey fun at the Jerusalem zoo, twin Tamaran monkeys were born there earlier this month. The monkeys are endangered, but as long as they keep coming two at a time maybe things will be OK.

MARCIANO: Look like a lion type of monkey, you know?

COSTELLO: A lion type of monkey?

MARCIANO: Yes, the big mane around the head.

COSTELLO: They're very cute.

MARCIANO: That's very cool.

COSTELLO: Those fun loving Dutch are at it again. This time some retirees took part in their own electric buggy Grand Prix. The event could become a big deal since the Netherlands has one of the world's highest life expectancies.

MARCIANO: All right? And a lot of bicyclists as well.

COSTELLO: Very cute.

What a sight, the wild ponies completed their swim to the Chincoteague island in front of about 40,000 spectators. Today some of the horses will be auctioned to help fund the island's volunteer fire department.

You know, I think we should check on the weather one more time in Dallas before we go.

MARCIANO: Seeing how there are horses running through rivers there. We showed video of flooding in Dallas and the radar continues to show more rain on the way.

(WEATHER BREAK)

COSTELLO: Be careful out there.

From the CNN Global Headquarters in Atlanta, I'm Carol Costello along with Rob Marciano.

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