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LIVE FROM...

Scott Peterson Judge Denies Defense Motion to Dismiss Trial; Hemingway Look-Alike Weighs in on U.S. Elections

Aired July 29, 2004 - 14:33   ET

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


FREDRICKA WHITFIELD, CNN ANCHOR: The defense loses a round in the Scott Peterson murder trial and we're seeing new video of the defendant. Our Ted Rowlands is in Redwood City, California, with the very latest -- Ted.
(BEGIN VIDEOTAPE)

TED ROWLANDS, CNN CORRESPONDENT: Fredricka today is a day of hearings in the Scott Peterson double murder trial. The jury is not present in the courtroom. The most significant ruling thus far, the judge denied a motion to dismiss which was brought by the defense saying, quote, that there was -- saying basically there was not enough -- or "not enough proof to throw out this trial." That, of course, was expected here.

Because the jury wasn't present today, the judge did allow a camera to come in and shoot new video. It's the first video that we have seen of Scott Peterson since January of this year. The camera was allowed to stay for about 15 minutes. Both sides brought family members into court knowing that the video was being taken. A huge contingency for the Peterson and the Rocha family were in court today because they knew that this video would be taken today and shown over and over as the coverage of this case continues.

The motion, which was denied by the judge and brought by the defense centered around a Modesto police detective, Al Brocchini. The defense argued basically that Brocchini had intentionally lied on the stand. The judge said there was no evidence he intentionally lied. He said there was no prosecutial misconduct in the case and said no to that. Another ruling today by the judge, Diane Sawyer's interview with Peterson on "ABC" which lasted 90 minutes, will not be handed over to the defense. They wanted the raw tapes of that interview saying that "ABC" didn't accurately portray Peterson. Inn that, they said he made comments about his unborn son and wife that is jury should see. Court is still in session here in Redwood City, it is expected to be a half day, though. The jury will be back on Monday when arguments resume -- Fredricka.

(END VIDEOTAPE)

WHITFIELD: Ted Rowlands in Redwood City, California, thanks very much.

Other stories making news: Police in Salt Lake City are sifting through a municipal landfill in the search for Lori Hacking. They're following up on a type from a neighbor that someone may have used a plastic trash barrel to dispose of a body.

The wife of business tycoon, Warren Buffett has died. Susan Buffett died of a stroke while she and her husband were visiting friends in Wyoming. They Buffetts have been separated for years, but never divorced. Susan Buffett was 71.

President Bush ends his week-long vacation in Crawford, Texas. He heads back to the white house this evening. The president held a video conference meeting of his working group on the 9/11 Commission recommendations, earlier today.

Keeping you informed, CNN, the most trusted name in news.

KYRA PHILLIPS, CNN ANCHOR: From inside politics to inside the arena, conventions, are theater. Every speaker, every event, carefully scripted and choreographed; however, with thousands, thousands of reporters and all crowded together inside the small hot space. Well, there's bound to be a little drama or in John Bisney's case, a lack of good food. But, CNN Radio's top reporter knows how to get around that, In addition TO capturing all the off the cuff stories from the DNC.

John, good to see you.

JOHN BISNEY, CNN RADIO CORRESPONDENT: Thanks Kyra.

PHILLIPS: So, how's the food? Have you been catered well every day?

BISNEY: Well, catered in the sense that I'm here often until 1:00 or 2:00 in the morning. By that time the delegates and the guests have cleared out of their luxury boxes. And the way I find food is sort of to sneak over into them and get a plate of shrimp that are left over, maybe some cookies, warm soda, something like that. So, you make the best of what you can do up on the ninth level, the crow's nest.

PHILLIPS: You know, you've always known how to enterprise, I'm very impressed.

Hey, let's talk about security. You were telling me, since day one, all kinds of interesting little odd quirks in the security issues.

BISNEY: Well, for one thing, they decided, the Secret Service did, they would not allow umbrellas into this the arena, obviously because they might be used as weapons. However it's been raining here most late afternoons and into the evening, so two nights ago, I was leaving with a couple of delegates and we were going out through the Secret Service checkpoint and we notice there was a big barrel of umbrellas there that had been taken away, and we said, "We're leaving could we have one of them to take with us for the rain." They said, "Sure," so we're sort of recycling these umbrellas, if you will, to get through the rain here.

PHILLIPS: The potential weapons. All right, what about fluids. You were saying also you weren't even, at first, allowed to bring water into the DNC. BISNEY: Well, it's -- yeah, it's been very confusing. First of all they said there was going to be -- it was fine to bring almost anything in. Then they changed that you could not bring cans in. You could bring in plastic bottles, and then they changed that to you could not bring cans in, you could bring in plastic bottles. Then the next day, that changed that no liquid at all could be brought in of any nature. But some Secret Service agents were letting you bring in the liquid if you would drink some of it. Then it became that you could not bring in any outside liquid or food at all.

Now some people said maybe this is the Fleet Center trying to capitalize on their internal food services. But the Fleet Center said, "No," you know, "we're not marking anything up at all, it's all a matter of security." But, nevertheless you are pretty reliant what they will provide for you inside the arena, even though CNN and the other networks have a lot of catering going on outside. And boy, you like to get to those trailers, that's were the good stuff is.

PHILLIPS: Excellent. Maybe you can bring something back. I know you are going to something back for me, though. Tell me about all the stuff that they're selling inside the DNC. I was really surprised when you were telling me some of the little quirky gifts you can bring back.

BISNEY: Well, one thing that I'll show you here, this is a shot glass and this would be very popular, as you might imagine, among the delegates, because there's a lot of drinking going on. This says Kerry-Edwards on it, you can see. So if you want to give a toast to...

PHILLIPS: Except for you, you're not toasting, right?

BISNEY: No, I'm not toasting. Not while I'm on the air. Now, this is what you asked me to bring back and I think this is great. This is a Kerry-Edwards dog tag. Well see if you can see that without the glare -- there we go. This is obviously a tribute to John Kerry's Vietnam service. They're very popular items and this is what you want and I've got this one. I'm going to bring it back for you.

PHILLIPS: You're so kind.

BISNEY: There are, of course, a million buttons. Now, I'm not a button expert, but this one sort of intrigued me. Again, we'll get the glare off it -- these are the two wives, Elizabeth and Teresa. And maybe this has happened before, but I've never seen a button, at least during the convention that shows the running mates wives of the ticket. So, that's sort of cool.

PHILLIPS: Yeah, that is neat.

BISNEY: Yeah, and there are a lot of t-shirts. Let me show you this one. I like this. This is John Kerry with sort of a tri-cornered hat on. If you can see that. This we go.

PHILLIPS: Very patriotic.

BISNEY: I think that -- I think that's pretty cue, too. Doesn't it? It's a nice caricature of the candidate there, here in Boston. That's the theme, of course -- patriotism, the Minute Men, Paul Revere, this sort of thing. Interesting, but we just found out that John Kerry's Secret Service radio name is "Minute Man," so that's sort of appropriate and his wife, Teresa, is "Mahogany."

PHILLIPS: I love it. Great little tidbits. "Minute Man" and "Mahogany." What's your code name?

BISNEY: "Biz."

PHILLIPS: "Biz."

BISNEY: I just go by "Biz."

PHILLIPS: There you go, John Bisney, CNN Radio, he's got the "biz" all the time.

All right, John, thank you so much. You can also catch John on CNN Radio from 8:00 to 11:00 Eastern, tonight. Thanks again, John.

BISNEY: You bet, Kyra.

WHITFIELD: Well here's a surprise, we caught him red handed eating a cheeseburger in paradise. Richard Quest joins us live from Key West.

RICHARD QUEST, CNN CORRESPONDENT: Hi, I'm in the land of the weird and wonderful. He looks like Ernest Hemingway. He's a dignitary and an eccentric. What does he think about John Kerry? We are back in Key West in a moment.

ANNOUNCER: you are watching LIVE FROM on CNN, the most trusted name in news.

(COMMERCIAL BREAK)

PHILLIPS: Well in the midst of this election season we go now from the mainstream to the Gulfstream. Richard Quest who's been testing the political waters, probably having a lot of conch fritters too, around the Sunshine State. He's in the Florida Keys, Key West, to be exact. Hanging out, I'm sure reading Hemingway.

Hi Richard.

QUEST: Hey Kyra, Fleet Center, schmeet center, if you're going to talk politics, this is the place to do it. Wave runners boats, sunsets, gorgeous vistas and some extremely odd local people. And coming from me, that's an accusation to be taken seriously. This is Rick Kirvan. He is one of the Hemingway look alikes, won the 1994 Hemingway contest and is now president of the Hemingway Look-Alike Association.

RICK KIRVAN, HEMINGWAY LOOK-ALIKE: How are you doing?

QUEST: I'm doing very well. Why don't you shave the beard off? It's a bit untidy. KIRVAN: I need this beard, That's how I make my living. Not really.

QUEST: Let's talk politics. Let us talk politics.

KIRVAN: Oh, yeah.

(LAUGHTER)

QUEST: I want to talk politics with you and the question of will you be watching John Kerry tonight? And what do you want him to say?

KIRVAN: I will be glued to the screen tonight to listen to John Kerry. I just want to hear what his approach to this whole Iraqi situation and terrorists and health. I want to hear what he has to say about all the major subjects that we have that are very controversial in our country right now.

QUEST: But, you're a democrat leaning that way to start with. So, is he going to be able to appeal to that middle ground, do you think?

KIRVAN: I'm not a democrat, I'm not a republican. I think our president should be the best man not the best man from the Republican Party or the best man from the Democratic Party -- the best man.

QUEST: But, you'd agree with me that John Kerry has an important task tonight?

KIRVAN: Oh, he's got a major task. If he doesn't kick -- hit a home run tonight he's in big trouble.

QUEST: You were going to say "kick some ass" weren't you?

KIRVAN: Yes, I was.

QUEST: You were going to say "kick some ass!"

(LAUGHER)

KIRVAN: Yes, I was. I don't know what's politically correct on CNN.

QUEST: We're in Key West. Many thanks indeed.

So you see, when it comes to -- oh, by the way, before we -- before we go, we've been talking about -- this is what Rick looks like. Right?

PHILLIPS: Right.

QUEST: Now what do you think, Kyra. Let's look at the real Hemingway. This is Rick. And this is the real Hemingway.

PHILLIPS: I don't know, they're both -- they're really handsome.

KIRVAN: I win, right? I win, right? PHILLIPS: Hey let me ask you, Richard, while you have Rick there, I know the contest was last week because I was reading about it. Is it true there was a Hemingway look alike from Kazakhstan?

QUEST: Yes there, was a Kazakhstani Hemingway look-alike and one from Russia, wasn't there, last week?

KIRVAN: There was and there was one from Budapest, Hungry, and one from County Cork, Ireland.

PHILLIPS: Ha ha, there you go. Love those Irish.

QUEST: Kyra, I found my natural home in Key West. Just leave me here guys and...

KIRVAN: We're going drinking.

PHILLIPS: Yeah, I know, I can see you guys at Sloppy Joe's, right now. Richard Quest, Rick, thank you. Take good care of each other -- Fred.

WHITFIELD: Either that or they're heading to Margaritaville.

PHILLIPS: Yeah.

WHITFIELD: And there's one of those there, in Key West as well.

Well, they said money can't buy happiness, but maybe he are wrong. Get the scoop live from the Stock Exchange coming up next.

(COMMERCIAL BREAK)

WHITFIELD: Kidnapping for ransom is a very dirty business, but when involved an elderly widower, his old dog, and a $10,000 payoff it seems especially cruel. Reporter Grace Lee from affiliate station KCRA has that story.

(BEGIN VIDEOTAPE)

GRACE LEE, KCRA REPORTER: Eighty-year-old Frank Compton lives alone with only his terrier, Sandy, to keep him company. So, when his companion went missing last week, Compton he knew something was wrong.

FRANK COMPTON, DOG OWNER: Well, I couldn't figure out where he could possibly be.

LEE: The next day after Compton searched his neighborhood, he got a call from two men who police believe were dog-nappers.

COMPTON: They kind of threatened and told me, said "We have your dog, we have Sandy. We have your little dog. If you want him back, you're going to have to come up with $10,000."

LEE: This is where the dog-nappers told them to meet them, here at the McConney River Fish Hatchery. It's an isolated spot about 12 miles from Compton's home. They followed him and pulled a knife out on him and grabbed his $10,000 in cash and then told him that Sandy was waiting for him farther down this road. At his lowest point Compton returned home and suddenly heard a car door slam.

COMPTON: I didn't think much about it and then I thought, a minute later, here comes Sandy dancing around the backyard. Talk about miracles. Miracles do happen.

LEE: Back at home, the pair are already back into their old routine.

COMPTON: (UNINTELLIGIBLE)

LEE: But now Compton is concentrating on tracking down the dog- nappers, even sketching out the face of one of the suspects. Detective Chris Bolega (ph) says they do believe the suspects live in the area.

UNIDENTIFIED MALE: Ultimately it would be nice to find this person and have them have $10,000 cash in their pocket, but I doubt that's going to happen.

LEE: Compton says he's accepted the fact that he may not get his money back, but with Sandy back at his side, he's content because he says he just can't put a price tag on friendship.

WHITFIELD: That was Grace Lee reporting.

PHILLIPS: OK, you and I both are like, oh...

WHITFIELD: I know, the whole time.

PHILLIPS: I was totally sucked in.

WHITFIELD: I know.

PHILLIPS: Tell us what you want, just e-mail us, we'll take care of you.

WHITFIELD: Well, I'm glad the dog got back.

PHILLIPS: Well, they say money can't buy happiness, but maybe it can make you a little less sad.

WHITFIELD: Mary Snow joins us live from the New York stock exchange with that story -- Mary.

MARY SNOW, CNN CORRESPONDENT: Well, you know, the Beatles said "money can't buy you love." Happiness might be a whole other story. Studies done by the Center for Disease Control and Prevention shows that people who earn more money have fewer sad or depressed days than those who make less. Take a look at the numbers, people who bring in more than $50,000 report just two sad days a month at the same time, those with incomes less than 15,000 have six down days a month. Now, education could be a big factor. Those with college degrees were happier, in general, than people with a high school diploma. Now, the study also found that younger people reported more symptoms of depression than older people -- Kyra and Fredricka. WHITFIELD: So what is the mood on Wall Street, then?

SNOW: Mood a little bit depressed since earlier, taking a turn for the worse. The stocks pretty much mixed. losing some of their steam. Dow Industrial's pretty much flat, the Nasdaq still showing some resiliency up about three quarters of 1 percent. Semiconductor stocks, leading the gains there. General Motors dragging on the blue chips overall, though. The stock is down more than a dollar. This after some analysts raised concerns about sales and whether or not it growing. That is the very latest from Wall Street, for now, Kyra and Fredricka, back to you.

WHITFIELD: Mary Snow, thanks a lot.

(LAUGHTER)

WHITFIELD: That wraps up this edition of LIVE FROM and now...

PHILLIPS: We both have just so much to say.

WHITFIELD: And now let's get the next hour and a half of political headlines. Live from the final day of DNC with Judy Woodruff, "INSIDE POLITICS."

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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