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CNN Live At Daybreak
Sin City on Tape; 'Coffey on Talk'
Aired August 10, 2004 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Sin City on tape. But this tape is no ordinary home movie. New details about a threat to America's desert getaway.
It is Tuesday, August 10.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, there is fresh fighting this morning in Iraq's holy city of Najaf. U.S. forces have been battling Shiite militiamen there for six days now. Explosions and gunfire being heard in the heart of Najaf this morning.
Several hours from now the leaders of that panel that probed the 9/11 attacks will appear before a House committee. They'll urge Congress to implement the report's recommendations.
Star prosecution witness Amber Frey takes the stand today. Frey was Scott Peterson's mistress when his wife Laci disappeared. The focus today will be on phone calls with Peterson that Frey secretly recorded.
Tropical storm Bonnie is lying over the ocean.
Let's check in with Chad for the latest on Bonnie.
CHAD MYERS, CNN CORRESPONDENT: It's right over the Gulf of Mexico, Carol. You can see it right there. That is now just north of Cancun or Progreso in Mexico. And that storm is going to head into the Gulf of Mexico and make landfall somewhere between here in the big bend of Florida and all the way possibly back over to almost New Orleans. We'll have to keep watching that for you. We'll have the forecast for you in about 15 minutes.
COSTELLO: We'll be here.
Thank you, Chad.
America on alert. Was Las Vegas a target? There is some debate this morning over whether Las Vegas city officials were worried about the safety of tourists or if they were just worried about protecting tourism dollars.
We get more on this story from Atle Erlingsson of CNN affiliate KLAS in Las Vegas.
(BEGIN VIDEO TAPE)
MAYOR OSCAR GOODMAN, LAS VEGAS: And if there's anything that the federal government has that would reflect on the wellbeing and the public safety of folks who live here and folks who visit here and they have not shared it with me and allowed me to go out and tell the world that we're the safest place, they're derelict and they're guilty of malfeasance, misfeasance and they should be imprisoned.
ATLE ERLINGSSON, KLAS CORRESPONDENT (voice-over): An angry Mayor Oscar Goodman, lashing out at a report that questions his and others' response to information about possible terrorist activity.
GOODMAN: And whenever anybody tells a lie, OK, and I'm involved in it, it gets me real angry.
ERLINGSSON: In 2002, authorities confiscated videotapes found in Detroit and Spain. Both tapes were from al Qaeda, showing footage of the Las Vegas Strip, specifically, the MGM, New York, New York and Excalibur. The A.P. report says federal prosecutors tried to show the video to Las Vegas officials, but that local authorities showed little interest. Mayor Goodman says he was never notified.
In the article, Assistant U.S. Attorney Richard Convertino is quoted as saying: "The information, unfortunately, was not taken as seriously as we believed it to have been."
DOUG GILLESPIE: And that is totally inaccurate. And that is not the case.
ERLINGSSON: Metro Undersheriff Doug Gillespie says his department was aware of both videos, but blames the Feds for not telling Metro about them soon enough. The report says the casinos did not want to see the footage because it could make them liable in civil court should an attack occur. MGM Mirage spokeswoman Yvette Monet tells Eyewitness News, "We've seen the tapes," but adds, "with this being a law enforcement matter, there's only so much we can say."
(END VIDEO TAPE)
COSTELLO: And that was Atle Erlingsson of CNN affiliate KLAS.
The seized tape showing Las Vegas also included footage of the World Trade Center and Disneyland in California.
Well, al Qaeda is reportedly filling its top ranks with a new generation of leaders. The "New York Times" is reporting that when leaders of the terror group are killed or captured, low ranking members or recent recruits fill in the top spots. A senior intelligence official says they're learning about al Qaeda's regeneration through a cache of information seized last month in Pakistan.
Get out -- that is the message from U.S. Marines to civilians in Iraq's holy city of Najaf. They're urging residents to leave the scene of intense battles between the Americans, Iraqi security forces and a radical Shiite cleric's militia. The fighting has raged now for six days. More explosions and gunfire were heard in the heart of Najaf this morning.
And there has been another explosion in Baghdad this morning. A roadside bomb apparently aimed at a U.S. military convoy went off near some hotels used by international workers. Iraqi police say no one was hurt. Insurgents also fired mortars and rockets in central Baghdad.
And the parents of a U.S. soldier captured in Iraq say they're keeping the faith. On Monday, the parents of Ohio Reservist Matt Maupin marked the four month anniversary of his captivity. The Maupins say they believe their son will come home with honor and they have a new message for him.
(BEGIN VIDEO CLIP)
CAROLINE MAUPIN, MATT MAUPIN'S MOTHER: Matt, your family is doing just fine. We are keeping busy and have returned to our normal schedule as much as possible. We love you and miss you and we want you to know that we are so proud of you and all of our troops serving our military.
(END VIDEO CLIP)
COSTELLO: Maupin's parents also have a request for you. When you see soldiers, take the time to thank them for their service.
For more about that fierce fighting in Najaf today and to get a behind-the-scenes perspective from CNN's crews in Iraq, visit our Web site, cnn.com.
Well, should the alleged ringleader of the so-called Xbox murders in Florida have been in jail before the attacks? Officials say yes and have fired four state employees who had the chance to lock him up.
CNN's Susan Candiotti has more for you.
(BEGIN VIDEO TAPE)
UNIDENTIFIED FEMALE: You are entitled to have bond set.
SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): One by one, each of the four accused murderers stood before a judge...
UNIDENTIFIED MALE: Are you Mr. Victorino?
CANDIOTTI: Including alleged ringleader Troy Victorino, at 27, almost a decade older than his 18-year-old suspected partners in crime. Authorities now question whether Victorino should have been out of jail in the first place, after violating probation for a savage beating in 1996. Four probation supervisors have now been fired for failing to flag Victorino's violent history when he was arrested on a battery charge a week before the murders.
Florida's top corrections official says if Victorino had been arrested for a probation violation, six lives might have been saved.
JAMES CROSBY, FLORIDA DEPARTMENT OF CORRECTIONS: If they would have went ahead with a warrantless arrest and put him in jail and kept him there, yes.
CANDIOTTI: The next day, police say Victorino and three other suspects used aluminum bats and knives to batter and slash six sleeping victims and kill a dog.
KAY SHUKWIT, VICTIM'S MOTHER: I'm a Christian and we were talking with the pastor yesterday and he was talking about forgiveness. No. No forgiveness.
CANDIOTTI: Investigators say Victorino targeted Eran Belanger, in part, because he suspected her of stealing a $150 video game system. A friend discovered the bodies Friday and called 911.
UNIDENTIFIED MALE: And I come in and the door's kicked in and I see blood. That's all I see. And there's four or five people in there and they're just all laying on the floor. And I yelled and yelled and yelled and no one answered.
CANDIOTTI (on camera): The case bears striking similarities to the kidnapping and murder of Carly Bruscia earlier this year. But so far, Florida law makers have not passed new laws to keep violent probation volunteers in jail.
Susan Candiotti, CNN, Miami.
(END VIDEO TAPE)
COSTELLO: Other stories across America this Tuesday.
Mark Hacking is expected to appear in court five hours from now to face charges in the murder of his wife. Court papers say he shot his wife Lori Hacking while she slept and then threw her body into a trash bin. Lori Hacking's body has not been found.
Police want to know why a teenager in North Carolina had six pipe bombs in his car. Seventeen-year-old Jarrett William Brown was stopped for leaving the scene of a car accident and then federal agents searched the boy's home and found more than a dozen similar explosives, along with bomb making equipment.
Is the circus harmful to animals? People in Denver will decide that today. There's a ballot proposal banning exotic animals for entertainment. A 15-year-old girl initiated the debate in Denver after hearing reports of mistreatment. The ban would not include zoos or horse racing.
Forever known as the other woman. Today is the day the jury will hear from Amber Frey at the Scott Peterson murder trial. What could her testimony mean? That case in this morning's Coffey Talk at 15 past the hour.
Then at 21 after, we're talking spam. Who is protecting your capital from it and how well is the system working?
And at 6:50 Eastern, why is it so cool to be Korean these days in Japan?
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: U.S. stocks will open flat this morning, as investors are a little uncertain about today's expected interest rate hike. The Dow closed just above 9814. The Nasdaq dipped 2 1/4 points, to close at about 1775. The S&P 500 ended at 1065.
Time for a little Coffey Talk this morning.
The star witness is about to appear, Amber Frey. Do I even need to tell you who she is? I don't think so.
Anyway, Frey is expected to take the stand in the Scott Peterson trial.
CNN legal analyst Kendall Coffey joins us from New York -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, what will it be like when Amber Frey walks into that courtroom?
COFFEY: Well, it's the big moment, the big drama, lots of media and the jury is going to be listening and soaking in every word. One thing is for sure, after she is done testifying, they will be ready to convict Scott Peterson of being a first degree scoundrel.
Whether murder is proven is a very different thing. And some of it's going to depend on how she holds up on the stand, too, what could be a week, maybe even more, of direct examination and cross- examination.
COSTELLO: Before we get into that, let's talk about what her testimony means to the prosecution.
Will this make or break its case?
COFFEY: Well, it's not going to be enough to make the case. But if she falls short, it could be, frankly, a kill shot to any hopes the prosecution has. What they hope to do is not just other woman kind of motive, but to show in some of the discussions that he had with Amber Frey that there was really a dark, heartless, cold-blooded side to Scott Peterson that nobody knew about; that, in fact, when half of Modesto was going to vigils or was out looking for Laci Peterson, this guy was on the phone with his girlfriend with all kinds of lovey dovey conversations, not showing any concern for his missing wife and unborn son.
COSTELLO: I know they've played some of those taped phone calls in court already.
Is that how it's coming off now?
COFFEY: Well, that's going to be a lot of it. Some of the most, frankly, incriminating, or at least unthinkable things that Scott Peterson said, his conversation two weeks before Laci disappeared where he tells Amber that he, Scott Peterson, is a recent widower who will be spending the first holiday season with his dearly departed wife, that kind of thing Amber Frey is just going to give from her reconciliation and testimony.
But because there are so many taped recordings, it's going to give a lot of backup, a lot of corroboration to the general thrust of her testimony about Scott Peterson's web of deceit.
COSTELLO: So how is Mark Geragos going to handle this, the defense?
COFFEY: Well, I think the inclination is going to be to zero in on the fact that, look, this is no innocent victim here. This is somebody who is either seeking her own 15 minutes of fame, who is a scorned woman, who is somebody that just was out to get Scott Peterson; or, as some news reports have suggested, maybe a jealous girlfriend with her own motive with respect to Laci Peterson.
Frankly, I think trying to go after Amber Frey too aggressively could backfire, could be a mistake. The truth is she doesn't directly incriminate Scott Peterson. And the way this case has been going for the defense so far, I think there's a real question as to whether the defense needs to highlight Amber Frey or needs to minimize her instead and say look, this woman doesn't know anything about Laci Peterson, didn't even know Laci Peterson existed until, in fact, the news reports of her disappearance took place.
COSTELLO: Interesting.
Kendall Coffey, we'll see what happens later in court and hopefully we'll talk to you again tomorrow.
Kendall Coffey live on the phone from New York on DAYBREAK.
Your news, money, weather and sports.
It is 6:14 Eastern.
Here's what's all new this morning.
Two surveillance tapes seized after 9/11 reportedly showed terrorists cased Las Vegas casinos. The Associated Press says it obtained documents that showed discussions between local and federal officials did not focus on public alerts or security. Instead, authorities were more worried about tourism legal liabilities.
Actress Fay Wray of King Kong fame died at her Manhattan apartment. She was 96 years old. In money news, Delta Airlines says if costs cannot be cut, Chapter 11 bankruptcy may be the next stop. Delta's pilots rejected the company's latest request for $1 billion in concessions.
In culture, Donald Duck is the latest celebrity to get a star on the Hollywood Walk of Fame. Mickey Mouse was the first animated character to receive a star, back in 1978.
In sports, the Dolphins may want about $5 million back from the recently retired running back, Ricky Williams. The "Miami Herald" reports that his contract said he would pay back incentive money if he retired early. So it could cost Ricky $5 million -- Chad.
MYERS: Ouch, that kind of hurts.
Yes.
(WEATHER REPORT)
COSTELLO: I'm just reading some of our e-mails from viewers this morning.
MYERS: They are very cute, actually.
COSTELLO: Oh, you guys are on this morning. We like that.
Anyway, those were the latest headlines and the weather.
The battle to can spam, and I'm not talking about the mystery meat. What is being done to protect your e-mail in box? We're going to take a look at an issue that affects nearly everyone with a computer.
This is DAYBREAK for a Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: Are you still being plagued by junk e-mails every time you log on? Oh, you are not alone. A survey indicates a new law aimed at regulating all that spam may not be having the effect that law makers wanted.
CNN consumer correspondent Julie Vallese has more for you from Washington.
(BEGIN VIDEO TAPE)
JULIE VALLESE, CNN CORRESPONDENT (voice-over): In the online war against fraudulent activity, consumers are losing the battle to protect themselves. That from a new report by "Consumer Reports," which says the Canned Spam Act isn't working.
JIM GUEST, PRESIDENT, CONSUMERS UNION: Sixty-nine percent, seven out of 10 e-mail users, say that more than half the e-mail they receive is spam. VALLESE: When it came to unacceptable material, 55 percent said they had received pornographic or other objectionable spam. And about half said that despite the new law, they're getting more spam than ever before.
MICHAEL GOODMAN, BUREAU OF CONSUMER PROTECTION: Canned Spam is not going to affect the amount of messages that consumers receive to any large degree. We have said all along that legislation, whether it be Canned Spam or something else, is not going to be the silver bullet for the spam problem.
VALLESE: Canned Spam gives law enforcement more ammunition to prosecute spammers, if they can find them.
GUEST: We think the federal law should be strengthened so that nobody can send you or me as a consumer spam, unsolicited e-mail, unless we say we want to get it.
VALLESE: But sometimes consumers are tricked into getting spam by something called fishing. That, too, according to "Consumer Reports," is on the rise. It's where spammers pose as companies consumers trust.
GOODMAN: I don't think the problem is at that point that people would be better off unplugging their computer than continuing to use the Internet for what it's there for.
VALLESE (on camera): But consumers can fight back. Don't buy anything spammers are selling. Don't reply to spam. And start using firewalls.
In Washington, I'm Julie Vallese.
(END VIDEO TAPE)
COSTELLO: So, our e-mail Question of the Day -- who should be responsible for policing Internet spam? And Chad just asked me an interesting question -- is spam an acronym for anything?
MYERS: Right.
COSTELLO: And it's not. I found this information on the Web. It says, "Spam is not an acronym. The term was probably derived from a Monty Python Flying Circus comedy sketch.
MYERS: Spam, Spam, Spam, Spam, Spam, Spam, Spam.
COSTELLO: You know the one. So that's where it came from.
Now to the e-mails.
MYERS: I like this one from Enterprise, Alabama: "I wouldn't mind spammers if they gave me their name and address so they could notify their next of kin."
COSTELLO: Oh, man. This is from Carl (ph) in New Baltimore, Michigan. He says: "Neither federal legislation nor Internet service providers should be or need be responsible for policing Internet spam. Users can take steps on their own, such as blocking unwanted e-mail."
But that's hard to do sometimes.
MYERS: This one says, "Hormel should police spam. They created it."
COSTELLO: Oh, jeez.
Brian in Pennsylvania: "I personally think that the government should be responsible for dealing with much of it. A large amount of spam is fraudulent or even illegal, so why should it be allowed to continue?"
MYERS: And this one is kind of a funny one from Ken, obviously tongue in cheek: "Al Gore should be responsible because he created the Internet in the first place."
COSTELLO: Oh, Chad.
MYERS: A long time ago, of course.
COSTELLO: The headlines are coming your way in two minutes. But first, your DAYBREAK "Daytimers," stories you will see later on CNN.
(COMMERCIAL BREAK)
COSTELLO: Every campaign stop is crucial from here until that Tuesday in November. But what Americans do on Sundays could affect the outcome of this election.
It is Tuesday, August 10.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, there is fresh fighting this morning in Iraq's holy city of Najaf. U.S. Marines are battling Shiite militiamen in an ancient cemetery. There's been intense fighting in Najaf for the past six days.
Elsewhere, a roadside bomb went off as a U.S. military vehicle drove by in Baghdad. No word of casualties.
Three explosions in Turkey today, all at about the same time. Two blasts hit Istanbul hotels, killing two people. The third blast unsuccessfully targeted a fuel storage depot. Authorities think it was a terrorist attack.
The co-chairmen of the commission that investigated the 9/11 terrorist attacks are on Capitol Hill this morning. They'll appear before the House Armed Services Committee to lobby for their recommendations to fight terrorism.
And in the Gulf of Mexico, tropical storm Bonnie is less than 400 miles south of the Mississippi River.
Did I get that right -- Chad.
MYERS: Pretty close, yes. Obviously the Mississippi here, New Orleans here, and the storm, Carol, right down here. Not very impressive. Very small. But now the winds are 50 miles per hour. The problem is although it's still moving to the west right now, it's going to curve and head on up toward what looks like Panama City. That's probably going to take a while, maybe even 48 hours, before that happens. But we'll show you where that curve goes.
And before it actually gets there, it will turn into a hurricane, not tropical storm Bonnie anymore, but by the time it gets there, hurricane Bonnie.
Now, some of these forecasts can go left and right by hundreds of miles so if you're in the Gulf of Mexico, keep your radio on. Keep the TV on, we'll keep you going here.
This, tropical storm Charlie, will be hurricane Charlie. Here's Santo Domingo. Here's San Juan, Puerto Rico. It'll eventually move to the south of Cuba and into the same area where tropical storm Bonnie is right now. So we've got a one-two punch coming here.
(WEATHER REPORT)
COSTELLO: It is 84 days until election day and the presidential candidates are focusing on the battleground states like their lives depended on it. And perhaps their political lives do depend on it.
John Kerry is starting the last leg of his cross country trip. The Democratic presidential candidate is in Las Vegas this morning. Earlier, he finished the train portion of his cross country journey in Arizona. In Las Vegas, Kerry is meeting with residents about plans to build a nuclear waste site in Nevada's Yucca Mountain.
President Bush starts a campaign swing through heavily Republican areas of the Florida Panhandle today. He's on a bus tour that will take him to Pensacola and Panama City. At a Virginia campaign stop, the president told supporters that he still would have gone to war with Iraq based on the information he had at the time.
"It's my fault." Retired U.S. Army General Tommy Franks is taking the blame for some much criticized comments President Bush made more than a year ago. That's when Bush appeared on an aircraft carrier and declared an end to major combat in Iraq in front of a sign that read, "Mission Accomplished." Franks says he asked Bush to make that comment. He says he wanted to end the military phase of the Iraq war weekly.
And we've got a special programming note to tell you about. "LARRY KING LIVE," you'll want to catch it on Thursday night. The president and first lady will appear in a rare joint interview. "LARRY KING LIVE" airs at 9:00 Eastern, 6:00 Pacific time.
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Aired August 10, 2004 - 06:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Sin City on tape. But this tape is no ordinary home movie. New details about a threat to America's desert getaway.
It is Tuesday, August 10.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, there is fresh fighting this morning in Iraq's holy city of Najaf. U.S. forces have been battling Shiite militiamen there for six days now. Explosions and gunfire being heard in the heart of Najaf this morning.
Several hours from now the leaders of that panel that probed the 9/11 attacks will appear before a House committee. They'll urge Congress to implement the report's recommendations.
Star prosecution witness Amber Frey takes the stand today. Frey was Scott Peterson's mistress when his wife Laci disappeared. The focus today will be on phone calls with Peterson that Frey secretly recorded.
Tropical storm Bonnie is lying over the ocean.
Let's check in with Chad for the latest on Bonnie.
CHAD MYERS, CNN CORRESPONDENT: It's right over the Gulf of Mexico, Carol. You can see it right there. That is now just north of Cancun or Progreso in Mexico. And that storm is going to head into the Gulf of Mexico and make landfall somewhere between here in the big bend of Florida and all the way possibly back over to almost New Orleans. We'll have to keep watching that for you. We'll have the forecast for you in about 15 minutes.
COSTELLO: We'll be here.
Thank you, Chad.
America on alert. Was Las Vegas a target? There is some debate this morning over whether Las Vegas city officials were worried about the safety of tourists or if they were just worried about protecting tourism dollars.
We get more on this story from Atle Erlingsson of CNN affiliate KLAS in Las Vegas.
(BEGIN VIDEO TAPE)
MAYOR OSCAR GOODMAN, LAS VEGAS: And if there's anything that the federal government has that would reflect on the wellbeing and the public safety of folks who live here and folks who visit here and they have not shared it with me and allowed me to go out and tell the world that we're the safest place, they're derelict and they're guilty of malfeasance, misfeasance and they should be imprisoned.
ATLE ERLINGSSON, KLAS CORRESPONDENT (voice-over): An angry Mayor Oscar Goodman, lashing out at a report that questions his and others' response to information about possible terrorist activity.
GOODMAN: And whenever anybody tells a lie, OK, and I'm involved in it, it gets me real angry.
ERLINGSSON: In 2002, authorities confiscated videotapes found in Detroit and Spain. Both tapes were from al Qaeda, showing footage of the Las Vegas Strip, specifically, the MGM, New York, New York and Excalibur. The A.P. report says federal prosecutors tried to show the video to Las Vegas officials, but that local authorities showed little interest. Mayor Goodman says he was never notified.
In the article, Assistant U.S. Attorney Richard Convertino is quoted as saying: "The information, unfortunately, was not taken as seriously as we believed it to have been."
DOUG GILLESPIE: And that is totally inaccurate. And that is not the case.
ERLINGSSON: Metro Undersheriff Doug Gillespie says his department was aware of both videos, but blames the Feds for not telling Metro about them soon enough. The report says the casinos did not want to see the footage because it could make them liable in civil court should an attack occur. MGM Mirage spokeswoman Yvette Monet tells Eyewitness News, "We've seen the tapes," but adds, "with this being a law enforcement matter, there's only so much we can say."
(END VIDEO TAPE)
COSTELLO: And that was Atle Erlingsson of CNN affiliate KLAS.
The seized tape showing Las Vegas also included footage of the World Trade Center and Disneyland in California.
Well, al Qaeda is reportedly filling its top ranks with a new generation of leaders. The "New York Times" is reporting that when leaders of the terror group are killed or captured, low ranking members or recent recruits fill in the top spots. A senior intelligence official says they're learning about al Qaeda's regeneration through a cache of information seized last month in Pakistan.
Get out -- that is the message from U.S. Marines to civilians in Iraq's holy city of Najaf. They're urging residents to leave the scene of intense battles between the Americans, Iraqi security forces and a radical Shiite cleric's militia. The fighting has raged now for six days. More explosions and gunfire were heard in the heart of Najaf this morning.
And there has been another explosion in Baghdad this morning. A roadside bomb apparently aimed at a U.S. military convoy went off near some hotels used by international workers. Iraqi police say no one was hurt. Insurgents also fired mortars and rockets in central Baghdad.
And the parents of a U.S. soldier captured in Iraq say they're keeping the faith. On Monday, the parents of Ohio Reservist Matt Maupin marked the four month anniversary of his captivity. The Maupins say they believe their son will come home with honor and they have a new message for him.
(BEGIN VIDEO CLIP)
CAROLINE MAUPIN, MATT MAUPIN'S MOTHER: Matt, your family is doing just fine. We are keeping busy and have returned to our normal schedule as much as possible. We love you and miss you and we want you to know that we are so proud of you and all of our troops serving our military.
(END VIDEO CLIP)
COSTELLO: Maupin's parents also have a request for you. When you see soldiers, take the time to thank them for their service.
For more about that fierce fighting in Najaf today and to get a behind-the-scenes perspective from CNN's crews in Iraq, visit our Web site, cnn.com.
Well, should the alleged ringleader of the so-called Xbox murders in Florida have been in jail before the attacks? Officials say yes and have fired four state employees who had the chance to lock him up.
CNN's Susan Candiotti has more for you.
(BEGIN VIDEO TAPE)
UNIDENTIFIED FEMALE: You are entitled to have bond set.
SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): One by one, each of the four accused murderers stood before a judge...
UNIDENTIFIED MALE: Are you Mr. Victorino?
CANDIOTTI: Including alleged ringleader Troy Victorino, at 27, almost a decade older than his 18-year-old suspected partners in crime. Authorities now question whether Victorino should have been out of jail in the first place, after violating probation for a savage beating in 1996. Four probation supervisors have now been fired for failing to flag Victorino's violent history when he was arrested on a battery charge a week before the murders.
Florida's top corrections official says if Victorino had been arrested for a probation violation, six lives might have been saved.
JAMES CROSBY, FLORIDA DEPARTMENT OF CORRECTIONS: If they would have went ahead with a warrantless arrest and put him in jail and kept him there, yes.
CANDIOTTI: The next day, police say Victorino and three other suspects used aluminum bats and knives to batter and slash six sleeping victims and kill a dog.
KAY SHUKWIT, VICTIM'S MOTHER: I'm a Christian and we were talking with the pastor yesterday and he was talking about forgiveness. No. No forgiveness.
CANDIOTTI: Investigators say Victorino targeted Eran Belanger, in part, because he suspected her of stealing a $150 video game system. A friend discovered the bodies Friday and called 911.
UNIDENTIFIED MALE: And I come in and the door's kicked in and I see blood. That's all I see. And there's four or five people in there and they're just all laying on the floor. And I yelled and yelled and yelled and no one answered.
CANDIOTTI (on camera): The case bears striking similarities to the kidnapping and murder of Carly Bruscia earlier this year. But so far, Florida law makers have not passed new laws to keep violent probation volunteers in jail.
Susan Candiotti, CNN, Miami.
(END VIDEO TAPE)
COSTELLO: Other stories across America this Tuesday.
Mark Hacking is expected to appear in court five hours from now to face charges in the murder of his wife. Court papers say he shot his wife Lori Hacking while she slept and then threw her body into a trash bin. Lori Hacking's body has not been found.
Police want to know why a teenager in North Carolina had six pipe bombs in his car. Seventeen-year-old Jarrett William Brown was stopped for leaving the scene of a car accident and then federal agents searched the boy's home and found more than a dozen similar explosives, along with bomb making equipment.
Is the circus harmful to animals? People in Denver will decide that today. There's a ballot proposal banning exotic animals for entertainment. A 15-year-old girl initiated the debate in Denver after hearing reports of mistreatment. The ban would not include zoos or horse racing.
Forever known as the other woman. Today is the day the jury will hear from Amber Frey at the Scott Peterson murder trial. What could her testimony mean? That case in this morning's Coffey Talk at 15 past the hour.
Then at 21 after, we're talking spam. Who is protecting your capital from it and how well is the system working?
And at 6:50 Eastern, why is it so cool to be Korean these days in Japan?
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: U.S. stocks will open flat this morning, as investors are a little uncertain about today's expected interest rate hike. The Dow closed just above 9814. The Nasdaq dipped 2 1/4 points, to close at about 1775. The S&P 500 ended at 1065.
Time for a little Coffey Talk this morning.
The star witness is about to appear, Amber Frey. Do I even need to tell you who she is? I don't think so.
Anyway, Frey is expected to take the stand in the Scott Peterson trial.
CNN legal analyst Kendall Coffey joins us from New York -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: So, what will it be like when Amber Frey walks into that courtroom?
COFFEY: Well, it's the big moment, the big drama, lots of media and the jury is going to be listening and soaking in every word. One thing is for sure, after she is done testifying, they will be ready to convict Scott Peterson of being a first degree scoundrel.
Whether murder is proven is a very different thing. And some of it's going to depend on how she holds up on the stand, too, what could be a week, maybe even more, of direct examination and cross- examination.
COSTELLO: Before we get into that, let's talk about what her testimony means to the prosecution.
Will this make or break its case?
COFFEY: Well, it's not going to be enough to make the case. But if she falls short, it could be, frankly, a kill shot to any hopes the prosecution has. What they hope to do is not just other woman kind of motive, but to show in some of the discussions that he had with Amber Frey that there was really a dark, heartless, cold-blooded side to Scott Peterson that nobody knew about; that, in fact, when half of Modesto was going to vigils or was out looking for Laci Peterson, this guy was on the phone with his girlfriend with all kinds of lovey dovey conversations, not showing any concern for his missing wife and unborn son.
COSTELLO: I know they've played some of those taped phone calls in court already.
Is that how it's coming off now?
COFFEY: Well, that's going to be a lot of it. Some of the most, frankly, incriminating, or at least unthinkable things that Scott Peterson said, his conversation two weeks before Laci disappeared where he tells Amber that he, Scott Peterson, is a recent widower who will be spending the first holiday season with his dearly departed wife, that kind of thing Amber Frey is just going to give from her reconciliation and testimony.
But because there are so many taped recordings, it's going to give a lot of backup, a lot of corroboration to the general thrust of her testimony about Scott Peterson's web of deceit.
COSTELLO: So how is Mark Geragos going to handle this, the defense?
COFFEY: Well, I think the inclination is going to be to zero in on the fact that, look, this is no innocent victim here. This is somebody who is either seeking her own 15 minutes of fame, who is a scorned woman, who is somebody that just was out to get Scott Peterson; or, as some news reports have suggested, maybe a jealous girlfriend with her own motive with respect to Laci Peterson.
Frankly, I think trying to go after Amber Frey too aggressively could backfire, could be a mistake. The truth is she doesn't directly incriminate Scott Peterson. And the way this case has been going for the defense so far, I think there's a real question as to whether the defense needs to highlight Amber Frey or needs to minimize her instead and say look, this woman doesn't know anything about Laci Peterson, didn't even know Laci Peterson existed until, in fact, the news reports of her disappearance took place.
COSTELLO: Interesting.
Kendall Coffey, we'll see what happens later in court and hopefully we'll talk to you again tomorrow.
Kendall Coffey live on the phone from New York on DAYBREAK.
Your news, money, weather and sports.
It is 6:14 Eastern.
Here's what's all new this morning.
Two surveillance tapes seized after 9/11 reportedly showed terrorists cased Las Vegas casinos. The Associated Press says it obtained documents that showed discussions between local and federal officials did not focus on public alerts or security. Instead, authorities were more worried about tourism legal liabilities.
Actress Fay Wray of King Kong fame died at her Manhattan apartment. She was 96 years old. In money news, Delta Airlines says if costs cannot be cut, Chapter 11 bankruptcy may be the next stop. Delta's pilots rejected the company's latest request for $1 billion in concessions.
In culture, Donald Duck is the latest celebrity to get a star on the Hollywood Walk of Fame. Mickey Mouse was the first animated character to receive a star, back in 1978.
In sports, the Dolphins may want about $5 million back from the recently retired running back, Ricky Williams. The "Miami Herald" reports that his contract said he would pay back incentive money if he retired early. So it could cost Ricky $5 million -- Chad.
MYERS: Ouch, that kind of hurts.
Yes.
(WEATHER REPORT)
COSTELLO: I'm just reading some of our e-mails from viewers this morning.
MYERS: They are very cute, actually.
COSTELLO: Oh, you guys are on this morning. We like that.
Anyway, those were the latest headlines and the weather.
The battle to can spam, and I'm not talking about the mystery meat. What is being done to protect your e-mail in box? We're going to take a look at an issue that affects nearly everyone with a computer.
This is DAYBREAK for a Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: Are you still being plagued by junk e-mails every time you log on? Oh, you are not alone. A survey indicates a new law aimed at regulating all that spam may not be having the effect that law makers wanted.
CNN consumer correspondent Julie Vallese has more for you from Washington.
(BEGIN VIDEO TAPE)
JULIE VALLESE, CNN CORRESPONDENT (voice-over): In the online war against fraudulent activity, consumers are losing the battle to protect themselves. That from a new report by "Consumer Reports," which says the Canned Spam Act isn't working.
JIM GUEST, PRESIDENT, CONSUMERS UNION: Sixty-nine percent, seven out of 10 e-mail users, say that more than half the e-mail they receive is spam. VALLESE: When it came to unacceptable material, 55 percent said they had received pornographic or other objectionable spam. And about half said that despite the new law, they're getting more spam than ever before.
MICHAEL GOODMAN, BUREAU OF CONSUMER PROTECTION: Canned Spam is not going to affect the amount of messages that consumers receive to any large degree. We have said all along that legislation, whether it be Canned Spam or something else, is not going to be the silver bullet for the spam problem.
VALLESE: Canned Spam gives law enforcement more ammunition to prosecute spammers, if they can find them.
GUEST: We think the federal law should be strengthened so that nobody can send you or me as a consumer spam, unsolicited e-mail, unless we say we want to get it.
VALLESE: But sometimes consumers are tricked into getting spam by something called fishing. That, too, according to "Consumer Reports," is on the rise. It's where spammers pose as companies consumers trust.
GOODMAN: I don't think the problem is at that point that people would be better off unplugging their computer than continuing to use the Internet for what it's there for.
VALLESE (on camera): But consumers can fight back. Don't buy anything spammers are selling. Don't reply to spam. And start using firewalls.
In Washington, I'm Julie Vallese.
(END VIDEO TAPE)
COSTELLO: So, our e-mail Question of the Day -- who should be responsible for policing Internet spam? And Chad just asked me an interesting question -- is spam an acronym for anything?
MYERS: Right.
COSTELLO: And it's not. I found this information on the Web. It says, "Spam is not an acronym. The term was probably derived from a Monty Python Flying Circus comedy sketch.
MYERS: Spam, Spam, Spam, Spam, Spam, Spam, Spam.
COSTELLO: You know the one. So that's where it came from.
Now to the e-mails.
MYERS: I like this one from Enterprise, Alabama: "I wouldn't mind spammers if they gave me their name and address so they could notify their next of kin."
COSTELLO: Oh, man. This is from Carl (ph) in New Baltimore, Michigan. He says: "Neither federal legislation nor Internet service providers should be or need be responsible for policing Internet spam. Users can take steps on their own, such as blocking unwanted e-mail."
But that's hard to do sometimes.
MYERS: This one says, "Hormel should police spam. They created it."
COSTELLO: Oh, jeez.
Brian in Pennsylvania: "I personally think that the government should be responsible for dealing with much of it. A large amount of spam is fraudulent or even illegal, so why should it be allowed to continue?"
MYERS: And this one is kind of a funny one from Ken, obviously tongue in cheek: "Al Gore should be responsible because he created the Internet in the first place."
COSTELLO: Oh, Chad.
MYERS: A long time ago, of course.
COSTELLO: The headlines are coming your way in two minutes. But first, your DAYBREAK "Daytimers," stories you will see later on CNN.
(COMMERCIAL BREAK)
COSTELLO: Every campaign stop is crucial from here until that Tuesday in November. But what Americans do on Sundays could affect the outcome of this election.
It is Tuesday, August 10.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, there is fresh fighting this morning in Iraq's holy city of Najaf. U.S. Marines are battling Shiite militiamen in an ancient cemetery. There's been intense fighting in Najaf for the past six days.
Elsewhere, a roadside bomb went off as a U.S. military vehicle drove by in Baghdad. No word of casualties.
Three explosions in Turkey today, all at about the same time. Two blasts hit Istanbul hotels, killing two people. The third blast unsuccessfully targeted a fuel storage depot. Authorities think it was a terrorist attack.
The co-chairmen of the commission that investigated the 9/11 terrorist attacks are on Capitol Hill this morning. They'll appear before the House Armed Services Committee to lobby for their recommendations to fight terrorism.
And in the Gulf of Mexico, tropical storm Bonnie is less than 400 miles south of the Mississippi River.
Did I get that right -- Chad.
MYERS: Pretty close, yes. Obviously the Mississippi here, New Orleans here, and the storm, Carol, right down here. Not very impressive. Very small. But now the winds are 50 miles per hour. The problem is although it's still moving to the west right now, it's going to curve and head on up toward what looks like Panama City. That's probably going to take a while, maybe even 48 hours, before that happens. But we'll show you where that curve goes.
And before it actually gets there, it will turn into a hurricane, not tropical storm Bonnie anymore, but by the time it gets there, hurricane Bonnie.
Now, some of these forecasts can go left and right by hundreds of miles so if you're in the Gulf of Mexico, keep your radio on. Keep the TV on, we'll keep you going here.
This, tropical storm Charlie, will be hurricane Charlie. Here's Santo Domingo. Here's San Juan, Puerto Rico. It'll eventually move to the south of Cuba and into the same area where tropical storm Bonnie is right now. So we've got a one-two punch coming here.
(WEATHER REPORT)
COSTELLO: It is 84 days until election day and the presidential candidates are focusing on the battleground states like their lives depended on it. And perhaps their political lives do depend on it.
John Kerry is starting the last leg of his cross country trip. The Democratic presidential candidate is in Las Vegas this morning. Earlier, he finished the train portion of his cross country journey in Arizona. In Las Vegas, Kerry is meeting with residents about plans to build a nuclear waste site in Nevada's Yucca Mountain.
President Bush starts a campaign swing through heavily Republican areas of the Florida Panhandle today. He's on a bus tour that will take him to Pensacola and Panama City. At a Virginia campaign stop, the president told supporters that he still would have gone to war with Iraq based on the information he had at the time.
"It's my fault." Retired U.S. Army General Tommy Franks is taking the blame for some much criticized comments President Bush made more than a year ago. That's when Bush appeared on an aircraft carrier and declared an end to major combat in Iraq in front of a sign that read, "Mission Accomplished." Franks says he asked Bush to make that comment. He says he wanted to end the military phase of the Iraq war weekly.
And we've got a special programming note to tell you about. "LARRY KING LIVE," you'll want to catch it on Thursday night. The president and first lady will appear in a rare joint interview. "LARRY KING LIVE" airs at 9:00 Eastern, 6:00 Pacific time.
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