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Two Hearings Under Way This Hour on Capitol Hill; Legal Perspective on What's Taking Place with Private First Class Lynndie England

Aired August 03, 2004 - 10:30   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.


DARYN KAGAN, CNN ANCHOR: Let's take a look at the stories now in the news. Pakistani intelligence is shedding new light on the reason for heightened security in New York, New Jersey and Washington D.C. The U.S. is reviewing materials seized from a Pakistani computer expert who has been in custody since July. According to a military official, his computer files showed detailed surveillance of potential American targets.
The search for a missing California boy is now in its fourth day. Nine-year-old David Gonzalez and his family were camping in the San Bernardino Mountains. He went to get some cookies from the family truck and he never came back. Searchers are hoping he is just lost in the forest.

A proposed constitutional amendment banning gay marriage is on the ballot today in Missouri. It's the first state to vote on the issue since the Massachusetts court recognized same-sex unions last year. Both sides are watching the vote, and as many as a dozen states could vote on similar bans this fall.

Just five-billion miles to go -- NASA launched the spacecraft Messenger on a mission to Mercury this morning. It has been 30 years since scientists got a close-up look to the planet closest to the sun. The journey is expected to take six and a half years.

Not one, but two hearings are under way this hour on Capitol Hill, both focusing on the intelligence reforms proposed in the 9/11 report. They come on the heels of President Bush's announcement yesterday that he, too, wants some action. So what are the hurdles?

Our congressional correspondent Ed Henry is on Capitol Hill with a closer look at that.

Ed, good morning.

ED HENRY, CNN CORRESPONDENT: Good morning, Daryn.

Obviously, this is normally vacation time for members of Congress, but they're back, they're working, as you mentioned. Both the House and Senate having hearings today. That's in part because of these new threats that has really given the 9/11 Commission the impetus to really prod Congress and the president into action.

Now, the Senate hearing that is under way right now, the Senate Governmental Affairs Committee holding its second hearing so far. Bottom line here is, they're focusing in on the new national counterterrorism center. That was one of the two major pieces endorsed yesterday by President Bush. They're taking a close look at it, because what this would basically do is break down the traditional wall between the CIA and FBI in terms of sharing intelligence information. A lot of civil libertarians are asking questions about whether it's going too far, about this sensitive information, who would be controlling it, whether it would be abused, in fact.

Over in the house, there's a hearing, the first hearing in the House in August. There's going to be some 15 hearings all told in the House, as this flurry of activity really gets under way. It's the House Government Reform hearing, they're hearing from two 9/11 commissioners, John Lehman and Bob Kerrey. On the way into that hearing, the chairman of the House Government Reform Committee, Tom Davis of Virginia, was saying that he expects one of the questions they'll explore today will be whether or not the government is overreacting with these new threats. But in fact, Chairman Davis errs on the side of caution. He thinks it's a good idea for the government to get this information out there.

REP. TOM DAVIS (R-VA), GOVERNMENT REFORM CHAIRMAN: Some of that information has been recently updated. I don't know how much intelligence agencies know that we don't know on this. But you have to ask yourself, if something occurred around these agencies, if some incident occurred and that information wasn't released, how would those employees, or families feel. You can see the lawsuits lining up in a situation like that.

(END VIDEO CLIP)

HENRY: Daryn, another subject coming up in that House hearing is the other major proposal that was endorsed by President Bush yesterday, the creation of a national intelligence director.

Now, the ranking Democrat of this House committee, Henry Waxman, a very outspoken liberal, he came out strong, saying that he believes there needs to be action, but he believes, thinks the president is taking the wrong course, that he is not giving enough budget authority to this new national intelligence director.

And in fact what Mr. Waxman basically said, was that in Washington, if you get a fancy title, but you do not have control over your budget, you end up really just being a figurehead. And what Democrats, a lot of Democrats are starting to say, is they believe that this new director could in fact become like the drug czar, which a lot of people in town feel does not have a lot of power, that it's more ceremonial. And in fact, what Democrats are calling for is a much stronger post, somebody who in fact -- the commission has said they believe the director should be more like a quarterback that is really calling the plays -- Daryn.

KAGAN: And meanwhile, some of President Bush's harshest criticism yesterday was for Congress, and the pictures that we're seeing fits right into his criticism, saying their hearings have hearings. They have so many hearings that they don't really get anything done. What would be the response on Capitol Hill to that, Ed?

HENRY: Well, I think there were two points the president was trying to make. First of all, he's pointed out that Homeland Security Secretary Tom Ridge has to report to 88 committees and subcommittees all across Capitol Hill and it's obviously duplicative, and the president is concerned that the same thing could happen to the new national intelligence director.

And the second piece of what the president is saying, is that sometimes there's a flurry of activity on the Hill, as we've mentioned now, about all of this, and about restructuring the executive branch. But what the president was pointing out yesterday is that the 9/11 Commission, in their final report, was also very aggressive about saying that Congress has to reform itself, how it oversees the intelligence community. And in fact, the commission has said that if Congress only does half the job and restructures the executive branch, that all of this will be for naught. So you can bet that the president and others in his the cabinet will be coming out strong, saying that Congress cannot just do half the job; they also have to reform themselves -- Daryn.

KAGAN: Ed Henry, and answers to the Ed Henry questions from Capitol Hill. Thank you for that.

HENRY: Thank you.

KAGAN: A different type of hearing. Actually, we're going to have some legal perspective on what's taking place with Private First Class Lynndie England, her highly publicized role in the prisoner abuse scandal, where she is in the process. Scott Silliman, familiar with military law; he's a former U.S. Air Force attorney, and is now with the Duke University School of Law.

He joins us from Duke's campus in Durham, North Carolina.

Professor, good morning. Thanks for being here with us.

SCOTT SILLIMAN, FMR. AIR FORCE ATTY.: Good morning, Daryn.

KAGAN: Let's talk about exactly what is taking place today, and what would be the equivalent in a non-military part of society.

SILLIMAN: Daryn, what's going on at Fort Bragg, the article 32 investigation, is the equivalent of a grand jury investigation, with two notable differences. One, it's generally open to the public and the press. Secondly, the accused and their lawyers can be at an article 32 investigation. Of course, Private England and her attorneys are there watching the evidence unfold that could possibly be used against her.

KAGAN: Hard to argue against the pictures, but her attorneys just argue, you know what, she was just doing her job, This was all part of a psychological operation meant to affect the prisoners and get information, and she was just doing what she was told. What kind of defense is that, Scott? SILLIMAN: Well, Daryn, that's what's called the "obedience to orders" defense, and it's one that most of the defense lawyers for all the accused at Abu Ghraib will want to use. It is basically saying that they were told, the military police were told, to do these things by military intelligence officials. And if in fact they had no reason to believe that what they were told to do was patently legal, then it is a sufficient defense, but it's a very hard one to mount.

KAGAN: Meanwhile, but to add an additional twist, if you look at the pictures of Private England walking into this hearing today, it's quite obvious that she is very pregnant, we understand about six months pregnant, and pregnant by another person who is facing charges here, Charles Graner. How is that supposed to affect that's taking place?

SILLIMAN: Well, again, what's going to happen today, Daryn, is only an evaluation on whether the charges are merited by the evidence, and then the investigating officer, who's an army colonel, a lawyer, will make a written recommendation to the commander of the airborne corps at Fort Bragg, General Vines, as far as whether any of the charges should be formally referred to a trial by court-martial.

So although her pregnancy will possibly weigh in as far as a human factor, the general's going to receive advice and make a decision on whether the charges are merited by the evidence and serious enough to be referred to a formal criminal trial.

KAGAN: We might be getting ahead of ourselves here, but let's say it does go down that path, and it does go toward court-martial and toward trial, and either through a plea agreement or through conviction, she has to spend a number of years in prison, it's possible she will never raise this child.

SILLIMAN: Well, that's possible. Of course, these things are all to be considered by not only General Vines, but a jury if she's in fact convicted.

But I think we're a long way away from the trial, Daryn, because the defense lawyer in this case, as far as the evidence he will want to mount as far as the "obedience to orders" defense, they will want to see what the Army investigation reports will show, later this month, and perhaps in September. The army I.G. has come out with a report that says this was just the act of a few miscreants, although what's the Fay investigation into military intelligence is yet to come, and that may suggest it was more systemic, and aid the defense in their efforts.

KAGAN: Scott Silliman, from Duke University. Scott, thank you.

SILLIMAN: Thanks, Daryn.

KAGAN: Always appreciate your expertise.

SILLIMAN: Thanks, Daryn.

KAGAN: More news from Utah this time. There has been an arrest. Police have charged Mark Hacking, and they say they believe they know what happened to his wife.

And a bootleg copy of "Fahrenheit 9/11" is a hit in Cuba. Our Lucia Newman looks at Fidel Castro's new way to bash the president.

(COMMERCIAL BREAK)

KAGAN: Let's check out today's "Legal Briefs." New details in the Kobe Bryant sexual assault case. Transcripts released yesterday contain detailed information suggesting the accuser had physical contact with another man besides Bryant. The documents also show prosecutors in the case told the judge in private that if those transcripts were released, it could affect their case.

Just over an hour from now, the Scott Peterson trial resumes in California. Prosecutors are trying to show that money was a motive in the double-murder case. An expert testified that Scott Peterson's fertilizer business was losing money, forcing him into debt. The defense argues that Peterson paid his bills on time and had good credit.

An arrest has been made in another high-profile case. Police in Salt Lake City say that Mark Hacking is responsible for his wife's disappearance and her death. Hacking is under arrest on suspicion of aggravated murder, even though Lori Hacking's body has still not been found. The Salt Lake City police chief appeared on CNN's "AMERICAN MORNING" earlier today.

(BEGIN VIDEO CLIP)

CHIEF RICK DINSE, SALT LAKE CITY POLICE: We arrested him at the hospital upon his release from the hospital. His attorney was present. His attorney was allowed to have private time with him before he was turned over to us. We took him into custody.

Beyond the fact that he did not talk to us while he was in our custody, I really can't comment on it, other than I was told that he appeared nervous. But I think that probably would be expected.

(END VIDEO CLIP)

KAGAN: Lori Hacking's family say that they are profoundly anguished by the sudden turn of events.

(STOCK MARKET UPDATE)

KAGAN: Well, we don't know if it's possible, but if anyone could, the newest stars of reality television might even make the Osbournes blush. It looks like the Gottis have a hit on their hands. "Growing Up Gotti" is the new reality television series, featuring Victoria Gotti and her three teenage sons. In it, the mom from the infamous clan cooks and cleans at the family's Long Island home.

Recently, the family matriarch appeared on CNN's "ANDERSON COOPER," where she talked about the impact of the show on her life.

(BEGIN VIDEO CLIP) VICTORIA GOTTI, "GROWING UP GOTTI": Hurt me? Yes, sometimes it did. It could hurt. It could hinder. It could help. It depends on who looks at it, and how you look at it.

What I'm trying to say is, people cannot sit there and say, you know, well, you profited from that. I did not profit from it. I've been working since I was 15 years old. Everything I own, that nice, big white house is mine, because I built it, and I bought it, every little brick, not from any ill-gotten gains. And they say, well, the career, the celebrity and now with this show, would you have gotten the show. I think I paid my dues.

(END VIDEO CLIP)

KAGAN: The show airs Mondays on the A&E cable network.

Michael Moore's message reaches Cuba. Did Fidel Castro have a hand in that matter. The story is ahead on that.

(COMMERCIAL BREAK)

KAGAN: The White House says there is nothing funny about the so- called political comedy that is due out in October. It takes aim at the war on terror, and it comes from the irreverent creators of TV's "South Park" series, but Trey Parker and Matt Stone says that critics should withhold judgment, especially those in the Bush administration. They says it pokes fun at liberals, and that President Bush isn't even in the movie.

Meanwhile, the film "Fahrenheit 9/11" is finding a new audience and lots of applause outside the United States. Cubans are lining up to see it, at theater and on their televisions. And while it plays to many anti-Bush passions, it's also seen by some as a statement on freedom.

Our Havana bureau -- our bureau chief Lucia Newman has that story.

(BEGIN VIDEOTAPE)

LUCIA NEWMAN, CNN HAVANA BUREAU CHIEF (voice-over): It's the movie Bush bashers all over the world love to see. And nowhere in the world is that easier than in Cuba, the only country in the world where the communist state has organized screenings of "Fahrenheit 9/11" in cinemas nationwide. The pirated version is also shown on state-run television after a predictable introduction.

These curious Cubans went to Havana's Charles Chaplin Theater to see the controversial film.

UNIDENTIFIED MALE (through translator): Bush is no good.

UNIDENTIFIED MALE (through translator): It gives you an idea of the peril the world is in led by a man with such a small brain.

NEWMAN: That's certainly the message Cuba's government wants to get across, but it's getting more than it bargained for.

(on camera): And that's because "Fahrenheit 9/11" is presenting another unintended message. And that is that unlike in Cuba, in the United States someone can make a box office hit that not only criticizes, but at times even ridicules the president, without going to jail for it.

(voice-over): Many said what most impressed them was that "Fahrenheit 9/11" could be made at all.

UNIDENTIFIED MALE (through translator): The film shows that the alternative media, in other words, independent media is possible in the United States.

NEWMAN: This mother and daughter say such a bold film could not be made here.

UNIDENTIFIED FEMALE (through translator): No, it can't.

UNIDENTIFIED FEMALE (through translator): Because people are afraid. Everyone here is afraid, fear that is unnecessary, because when I have something to say, I say it.

NEWMAN: Not so for Cuban dissident filmmakers who, unlike Michael Moore, are definitely out of work in this country where opinions that damage the credibility of the state are outlawed.

Lucia Newman, CNN, Havana.

(END VIDEOTAPE)

KAGAN: On the Outer Banks of North Carolina, the latest on Hurricane Alex. A complete check of the nation's forecast is straight ahead. A live picture there for you.

(COMMERCIAL BREAK)

(WEATHER UPDATE)

KAGAN: It has been off-limits since September 11th, but the Statue of Liberty is now ready to welcome the huddled masses back. We'll be live from Lady Liberty just ahead.

And a shark attack in the Gulf of Mexico, hear how an 11-year-old boy defended himself.

The second hour of CNN LIVE TODAY begins right now.

As always, we begin by taking a look at what is happening now in the news. Lady Liberty ready to welcome visitors once again. The Statue of Liberty reopens this hour. We'll have live coverage of the ceremony. It is set to begin shortly. The public will be able to tour the pedestal of the statue, which has been closed since the September 11th attacks.

The season's first hurricane is gaining strength as it spins off the North Carolina coast. Hurricane Alex could dump 2-4 inches of rain in some areas before moving out to sea. The storm is likely to rush the Outer Banks later today, but is expected to miss landfall.

Supporters and opponents of gay marriage will be watching election results in Missouri today. Voters are deciding on a proposed constitutional amendment to ban gay marriage. It's the first vote in the nation on the issue since the Massachusetts high court legalized same-sex marriages last year.

And a hearing is under way right now in North Carolina for an Army private accused in the Abu Ghraib Prison scandal. The article 32 hearing for Private Lynndie England is the military equivalent of a grand jury proceeding. It will determine whether England, who is almost seven months pregnant, should be court-martialed.

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

We are coming up on 11:00 a.m. on the East Coast, 8:00 a.m. on the West Coast, from CNN Center in Atlanta.

Good morning once again. I'm Daryn Kagan.

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 August 3, 2004 - 10:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Let's take a look at the stories now in the news. Pakistani intelligence is shedding new light on the reason for heightened security in New York, New Jersey and Washington D.C. The U.S. is reviewing materials seized from a Pakistani computer expert who has been in custody since July. According to a military official, his computer files showed detailed surveillance of potential American targets.
The search for a missing California boy is now in its fourth day. Nine-year-old David Gonzalez and his family were camping in the San Bernardino Mountains. He went to get some cookies from the family truck and he never came back. Searchers are hoping he is just lost in the forest.

A proposed constitutional amendment banning gay marriage is on the ballot today in Missouri. It's the first state to vote on the issue since the Massachusetts court recognized same-sex unions last year. Both sides are watching the vote, and as many as a dozen states could vote on similar bans this fall.

Just five-billion miles to go -- NASA launched the spacecraft Messenger on a mission to Mercury this morning. It has been 30 years since scientists got a close-up look to the planet closest to the sun. The journey is expected to take six and a half years.

Not one, but two hearings are under way this hour on Capitol Hill, both focusing on the intelligence reforms proposed in the 9/11 report. They come on the heels of President Bush's announcement yesterday that he, too, wants some action. So what are the hurdles?

Our congressional correspondent Ed Henry is on Capitol Hill with a closer look at that.

Ed, good morning.

ED HENRY, CNN CORRESPONDENT: Good morning, Daryn.

Obviously, this is normally vacation time for members of Congress, but they're back, they're working, as you mentioned. Both the House and Senate having hearings today. That's in part because of these new threats that has really given the 9/11 Commission the impetus to really prod Congress and the president into action.

Now, the Senate hearing that is under way right now, the Senate Governmental Affairs Committee holding its second hearing so far. Bottom line here is, they're focusing in on the new national counterterrorism center. That was one of the two major pieces endorsed yesterday by President Bush. They're taking a close look at it, because what this would basically do is break down the traditional wall between the CIA and FBI in terms of sharing intelligence information. A lot of civil libertarians are asking questions about whether it's going too far, about this sensitive information, who would be controlling it, whether it would be abused, in fact.

Over in the house, there's a hearing, the first hearing in the House in August. There's going to be some 15 hearings all told in the House, as this flurry of activity really gets under way. It's the House Government Reform hearing, they're hearing from two 9/11 commissioners, John Lehman and Bob Kerrey. On the way into that hearing, the chairman of the House Government Reform Committee, Tom Davis of Virginia, was saying that he expects one of the questions they'll explore today will be whether or not the government is overreacting with these new threats. But in fact, Chairman Davis errs on the side of caution. He thinks it's a good idea for the government to get this information out there.

REP. TOM DAVIS (R-VA), GOVERNMENT REFORM CHAIRMAN: Some of that information has been recently updated. I don't know how much intelligence agencies know that we don't know on this. But you have to ask yourself, if something occurred around these agencies, if some incident occurred and that information wasn't released, how would those employees, or families feel. You can see the lawsuits lining up in a situation like that.

(END VIDEO CLIP)

HENRY: Daryn, another subject coming up in that House hearing is the other major proposal that was endorsed by President Bush yesterday, the creation of a national intelligence director.

Now, the ranking Democrat of this House committee, Henry Waxman, a very outspoken liberal, he came out strong, saying that he believes there needs to be action, but he believes, thinks the president is taking the wrong course, that he is not giving enough budget authority to this new national intelligence director.

And in fact what Mr. Waxman basically said, was that in Washington, if you get a fancy title, but you do not have control over your budget, you end up really just being a figurehead. And what Democrats, a lot of Democrats are starting to say, is they believe that this new director could in fact become like the drug czar, which a lot of people in town feel does not have a lot of power, that it's more ceremonial. And in fact, what Democrats are calling for is a much stronger post, somebody who in fact -- the commission has said they believe the director should be more like a quarterback that is really calling the plays -- Daryn.

KAGAN: And meanwhile, some of President Bush's harshest criticism yesterday was for Congress, and the pictures that we're seeing fits right into his criticism, saying their hearings have hearings. They have so many hearings that they don't really get anything done. What would be the response on Capitol Hill to that, Ed?

HENRY: Well, I think there were two points the president was trying to make. First of all, he's pointed out that Homeland Security Secretary Tom Ridge has to report to 88 committees and subcommittees all across Capitol Hill and it's obviously duplicative, and the president is concerned that the same thing could happen to the new national intelligence director.

And the second piece of what the president is saying, is that sometimes there's a flurry of activity on the Hill, as we've mentioned now, about all of this, and about restructuring the executive branch. But what the president was pointing out yesterday is that the 9/11 Commission, in their final report, was also very aggressive about saying that Congress has to reform itself, how it oversees the intelligence community. And in fact, the commission has said that if Congress only does half the job and restructures the executive branch, that all of this will be for naught. So you can bet that the president and others in his the cabinet will be coming out strong, saying that Congress cannot just do half the job; they also have to reform themselves -- Daryn.

KAGAN: Ed Henry, and answers to the Ed Henry questions from Capitol Hill. Thank you for that.

HENRY: Thank you.

KAGAN: A different type of hearing. Actually, we're going to have some legal perspective on what's taking place with Private First Class Lynndie England, her highly publicized role in the prisoner abuse scandal, where she is in the process. Scott Silliman, familiar with military law; he's a former U.S. Air Force attorney, and is now with the Duke University School of Law.

He joins us from Duke's campus in Durham, North Carolina.

Professor, good morning. Thanks for being here with us.

SCOTT SILLIMAN, FMR. AIR FORCE ATTY.: Good morning, Daryn.

KAGAN: Let's talk about exactly what is taking place today, and what would be the equivalent in a non-military part of society.

SILLIMAN: Daryn, what's going on at Fort Bragg, the article 32 investigation, is the equivalent of a grand jury investigation, with two notable differences. One, it's generally open to the public and the press. Secondly, the accused and their lawyers can be at an article 32 investigation. Of course, Private England and her attorneys are there watching the evidence unfold that could possibly be used against her.

KAGAN: Hard to argue against the pictures, but her attorneys just argue, you know what, she was just doing her job, This was all part of a psychological operation meant to affect the prisoners and get information, and she was just doing what she was told. What kind of defense is that, Scott? SILLIMAN: Well, Daryn, that's what's called the "obedience to orders" defense, and it's one that most of the defense lawyers for all the accused at Abu Ghraib will want to use. It is basically saying that they were told, the military police were told, to do these things by military intelligence officials. And if in fact they had no reason to believe that what they were told to do was patently legal, then it is a sufficient defense, but it's a very hard one to mount.

KAGAN: Meanwhile, but to add an additional twist, if you look at the pictures of Private England walking into this hearing today, it's quite obvious that she is very pregnant, we understand about six months pregnant, and pregnant by another person who is facing charges here, Charles Graner. How is that supposed to affect that's taking place?

SILLIMAN: Well, again, what's going to happen today, Daryn, is only an evaluation on whether the charges are merited by the evidence, and then the investigating officer, who's an army colonel, a lawyer, will make a written recommendation to the commander of the airborne corps at Fort Bragg, General Vines, as far as whether any of the charges should be formally referred to a trial by court-martial.

So although her pregnancy will possibly weigh in as far as a human factor, the general's going to receive advice and make a decision on whether the charges are merited by the evidence and serious enough to be referred to a formal criminal trial.

KAGAN: We might be getting ahead of ourselves here, but let's say it does go down that path, and it does go toward court-martial and toward trial, and either through a plea agreement or through conviction, she has to spend a number of years in prison, it's possible she will never raise this child.

SILLIMAN: Well, that's possible. Of course, these things are all to be considered by not only General Vines, but a jury if she's in fact convicted.

But I think we're a long way away from the trial, Daryn, because the defense lawyer in this case, as far as the evidence he will want to mount as far as the "obedience to orders" defense, they will want to see what the Army investigation reports will show, later this month, and perhaps in September. The army I.G. has come out with a report that says this was just the act of a few miscreants, although what's the Fay investigation into military intelligence is yet to come, and that may suggest it was more systemic, and aid the defense in their efforts.

KAGAN: Scott Silliman, from Duke University. Scott, thank you.

SILLIMAN: Thanks, Daryn.

KAGAN: Always appreciate your expertise.

SILLIMAN: Thanks, Daryn.

KAGAN: More news from Utah this time. There has been an arrest. Police have charged Mark Hacking, and they say they believe they know what happened to his wife.

And a bootleg copy of "Fahrenheit 9/11" is a hit in Cuba. Our Lucia Newman looks at Fidel Castro's new way to bash the president.

(COMMERCIAL BREAK)

KAGAN: Let's check out today's "Legal Briefs." New details in the Kobe Bryant sexual assault case. Transcripts released yesterday contain detailed information suggesting the accuser had physical contact with another man besides Bryant. The documents also show prosecutors in the case told the judge in private that if those transcripts were released, it could affect their case.

Just over an hour from now, the Scott Peterson trial resumes in California. Prosecutors are trying to show that money was a motive in the double-murder case. An expert testified that Scott Peterson's fertilizer business was losing money, forcing him into debt. The defense argues that Peterson paid his bills on time and had good credit.

An arrest has been made in another high-profile case. Police in Salt Lake City say that Mark Hacking is responsible for his wife's disappearance and her death. Hacking is under arrest on suspicion of aggravated murder, even though Lori Hacking's body has still not been found. The Salt Lake City police chief appeared on CNN's "AMERICAN MORNING" earlier today.

(BEGIN VIDEO CLIP)

CHIEF RICK DINSE, SALT LAKE CITY POLICE: We arrested him at the hospital upon his release from the hospital. His attorney was present. His attorney was allowed to have private time with him before he was turned over to us. We took him into custody.

Beyond the fact that he did not talk to us while he was in our custody, I really can't comment on it, other than I was told that he appeared nervous. But I think that probably would be expected.

(END VIDEO CLIP)

KAGAN: Lori Hacking's family say that they are profoundly anguished by the sudden turn of events.

(STOCK MARKET UPDATE)

KAGAN: Well, we don't know if it's possible, but if anyone could, the newest stars of reality television might even make the Osbournes blush. It looks like the Gottis have a hit on their hands. "Growing Up Gotti" is the new reality television series, featuring Victoria Gotti and her three teenage sons. In it, the mom from the infamous clan cooks and cleans at the family's Long Island home.

Recently, the family matriarch appeared on CNN's "ANDERSON COOPER," where she talked about the impact of the show on her life.

(BEGIN VIDEO CLIP) VICTORIA GOTTI, "GROWING UP GOTTI": Hurt me? Yes, sometimes it did. It could hurt. It could hinder. It could help. It depends on who looks at it, and how you look at it.

What I'm trying to say is, people cannot sit there and say, you know, well, you profited from that. I did not profit from it. I've been working since I was 15 years old. Everything I own, that nice, big white house is mine, because I built it, and I bought it, every little brick, not from any ill-gotten gains. And they say, well, the career, the celebrity and now with this show, would you have gotten the show. I think I paid my dues.

(END VIDEO CLIP)

KAGAN: The show airs Mondays on the A&E cable network.

Michael Moore's message reaches Cuba. Did Fidel Castro have a hand in that matter. The story is ahead on that.

(COMMERCIAL BREAK)

KAGAN: The White House says there is nothing funny about the so- called political comedy that is due out in October. It takes aim at the war on terror, and it comes from the irreverent creators of TV's "South Park" series, but Trey Parker and Matt Stone says that critics should withhold judgment, especially those in the Bush administration. They says it pokes fun at liberals, and that President Bush isn't even in the movie.

Meanwhile, the film "Fahrenheit 9/11" is finding a new audience and lots of applause outside the United States. Cubans are lining up to see it, at theater and on their televisions. And while it plays to many anti-Bush passions, it's also seen by some as a statement on freedom.

Our Havana bureau -- our bureau chief Lucia Newman has that story.

(BEGIN VIDEOTAPE)

LUCIA NEWMAN, CNN HAVANA BUREAU CHIEF (voice-over): It's the movie Bush bashers all over the world love to see. And nowhere in the world is that easier than in Cuba, the only country in the world where the communist state has organized screenings of "Fahrenheit 9/11" in cinemas nationwide. The pirated version is also shown on state-run television after a predictable introduction.

These curious Cubans went to Havana's Charles Chaplin Theater to see the controversial film.

UNIDENTIFIED MALE (through translator): Bush is no good.

UNIDENTIFIED MALE (through translator): It gives you an idea of the peril the world is in led by a man with such a small brain.

NEWMAN: That's certainly the message Cuba's government wants to get across, but it's getting more than it bargained for.

(on camera): And that's because "Fahrenheit 9/11" is presenting another unintended message. And that is that unlike in Cuba, in the United States someone can make a box office hit that not only criticizes, but at times even ridicules the president, without going to jail for it.

(voice-over): Many said what most impressed them was that "Fahrenheit 9/11" could be made at all.

UNIDENTIFIED MALE (through translator): The film shows that the alternative media, in other words, independent media is possible in the United States.

NEWMAN: This mother and daughter say such a bold film could not be made here.

UNIDENTIFIED FEMALE (through translator): No, it can't.

UNIDENTIFIED FEMALE (through translator): Because people are afraid. Everyone here is afraid, fear that is unnecessary, because when I have something to say, I say it.

NEWMAN: Not so for Cuban dissident filmmakers who, unlike Michael Moore, are definitely out of work in this country where opinions that damage the credibility of the state are outlawed.

Lucia Newman, CNN, Havana.

(END VIDEOTAPE)

KAGAN: On the Outer Banks of North Carolina, the latest on Hurricane Alex. A complete check of the nation's forecast is straight ahead. A live picture there for you.

(COMMERCIAL BREAK)

(WEATHER UPDATE)

KAGAN: It has been off-limits since September 11th, but the Statue of Liberty is now ready to welcome the huddled masses back. We'll be live from Lady Liberty just ahead.

And a shark attack in the Gulf of Mexico, hear how an 11-year-old boy defended himself.

The second hour of CNN LIVE TODAY begins right now.

As always, we begin by taking a look at what is happening now in the news. Lady Liberty ready to welcome visitors once again. The Statue of Liberty reopens this hour. We'll have live coverage of the ceremony. It is set to begin shortly. The public will be able to tour the pedestal of the statue, which has been closed since the September 11th attacks.

The season's first hurricane is gaining strength as it spins off the North Carolina coast. Hurricane Alex could dump 2-4 inches of rain in some areas before moving out to sea. The storm is likely to rush the Outer Banks later today, but is expected to miss landfall.

Supporters and opponents of gay marriage will be watching election results in Missouri today. Voters are deciding on a proposed constitutional amendment to ban gay marriage. It's the first vote in the nation on the issue since the Massachusetts high court legalized same-sex marriages last year.

And a hearing is under way right now in North Carolina for an Army private accused in the Abu Ghraib Prison scandal. The article 32 hearing for Private Lynndie England is the military equivalent of a grand jury proceeding. It will determine whether England, who is almost seven months pregnant, should be court-martialed.

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

We are coming up on 11:00 a.m. on the East Coast, 8:00 a.m. on the West Coast, from CNN Center in Atlanta.

Good morning once again. I'm Daryn Kagan.

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