Return to Transcripts main page
CNN Live Today
Pakistani Citizen Being Held After Found With Videotapes Showing Buildings, Transit Systems; Transit Workers on Metro New York Rail Line Spending Time Watching a New Video
Aired August 11, 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: A Pakistani citizen is being held by U.S. immigration after he was found with videotapes showing buildings and transit systems. The tapes were shot in Atlanta, Austin, Charlotte, Dallas, Houston and New Orleans.
Our Jeanne Meserve is in Washington with more.
Jeanne, good morning.
JEANNE MESERVE, CNN CORRESPONDENT: Good morning, Daryn.
This morning, authorities are trying to determine whether or not this individual was conducting surveillance for terrorists. At this point, they still do not know. Kamran Shaikh, also known as Kamran Akhtar, is a Pakistani with a New York address. He was picked up July 20th as he videotaped the Charlotte, North Carolina skyline.
(BEGIN VIDEO CLIP)
OFFICER ANTHONY MAGLIONE, CHARLOTTE-MECKLENBURG CO. POLICE: I observed a gentleman taking videos of the skyline. Once I slowed down to take a closer look at him, he started acting a little irrational, turned away from me, tried to become evasive. When I stopped by vehicle, he started to walk away, and that's when I got out and addressed him.
(END VIDEO CLIP)
MESERVE: In Shaikh's possession, according to a court affidavit, other tapes of downtown Atlanta, Houston, Dallas and New Orleans, public transportation systems in some of those cities, and what appeared to be the Mansfield dam in Austin.
U.S. government sources say the tapes include a narrative, which has yet to be translated, and they say there is other information about Shaikh which raises their suspicions.
But law enforcement sources say his name has not shown up yet in any terrorism-related databases. The investigation continues full- bore, in the word of one official, and includes interview with some of Shaikh's associates. But as yet, nothing has turned up linking this man to terrorism -- Daryn.
KAGAN: Jeanne, does that investigation include looking out for other people who might be taking surveillance videos? MESERVE: Well, this investigation doesn't necessarily involve that, but they are looking for more surveillance activities. If there's one thing they know about al Qaeda, it is that it does do a very careful casing of targets. This was proven once again by those materials that were seized in Pakistan recently.
So directives have gone out to law enforcement, saying look for people doing surveillance. It tells them specifically the sorts of things that might indicate surveillance is going on. In Charlotte, North Carolina, we had a policeman who was attentive, listened and picked up this individual. But as I say, whether or not he has any links to al Qaeda or any other terrorist group is simply not established at this point.
KAGAN: Jeanne Meserve in Washington. Jeanne, thank you.
Video is included in our next story. Transit workers on one metro New York rail line are spending time watching a new video.
Our Deborah Feyerick reports the tape may not only save their lives, but the lives of passengers as well.
(BEGIN VIDEOTAPE)
DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): As trains from New Jersey arrive into Penn Station, during the Republican Convention there will be lots of eyes watching for anything suspicious, not just police, but train conductors, maintenance workers, even the people who keep the tracks clean.
DAN STESSEL, N.J. TRANSIT SPOKESMAN: We believe that it's everyone's responsibility to act as the eyes and ears of law enforcement.
FEYERICK: New Jersey transit's 3,000 workers are getting a refresher course on preventing terror attacks, not in class, but by video, mailed out by New Jersey transit.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Keep your eyes open for anyone or anything that is out of place or suspicious.
(END VIDEO CLIP)
FEYERICK: The video was produced by the National Transit Institute. Bus and rail experts in London and the Middle East were consulted for real life experience to help develop a plan. Transit workers are taught where to look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Make sure you check your vehicle's exterior, including the wheel well.
Other compartments, the engine. (END VIDEO CLIP)
FEYERICK: And what to look for.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Look for out of place objects, near or around switches, next to electrical signals and communication lines.
(END VIDEO CLIP)
FEYERICK: They're even reminded how to call for help.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Do not use a cell phone or radio, because they could detonate the device.
(END VIDEO CLIP)
FEYERICK: And if the attack is chemical or biological, workers are taught to apply what's called the rule of twos.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: If two or more people are suddenly displaying the same symptoms, chances are something right there in the immediate environment is causing it.
(END VIDEO CLIP)
FEYERICK: While much of the advice is common sense.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: If something doesn't seem right, chances are it isn't.
(END VIDEO CLIP)
FEYERICK: Workers are reminded they need to protect themselves first so they can then help others.
Deborah Feyerick, CNN, New York.
(END VIDEO CLIP)
KAGAN: Easing the pain at the pump. We'll take a closer look at the oil markets this week and find out what impact, if any, they're having on prices at your local gas stations. And the saying goes, timing is everything. That's certainly the case with our "Everyday Hero" this morning. We have an amazing story out of Arizona.
(COMMERCIAL BREAK)
KAGAN: Let's talk energy prices now. Oil prices have eased up just a bit since yesterday's record prices, and earlier this morning, the International Energy Agency offered a glimmer of good news. The worldwide demand of oil appears to be slowing a bit.
But as CNN's Diana Muriel reports, there are no simple answers to those strained supplies.
(BEGIN VIDEOTAPE)
DIANA MURIEL, CNN CORRESPONDENT (voice-over): In the battle to control the price of oil, this is a frontline. The partial sabotage of one of two oil export pipelines in southern Iraq Monday cut the country's oil flow from 1.9 to 1.1 million barrel as day.
CAPT. HISHA HALAWI, BRITISH FORCES SPOKESMAN: The situation in Basra is calm. We also had reports that the oil production had stopped. This is a total lie. The merger (ph) of the Southern Oil Company had been threatened, but the oil production continued.
JULIA LEE, CTR. FOR GLOBAL ENERGY STUDIES: We are seeing very tight capacity now in the shipping market. We are beginning to run out of tankers to carry this oil around the world. We are seeing tight capacity in -- particularly in the United States in import infrastructure; how much more oil can be brought into the U.S. through its ports and its pipelines is questionable. And we're seeing refineries running virtually flat out in the United States to produce the products that people are using, so there is not a lot of spare capacity anywhere along the supply chain.
MURIEL: China, one of the fastest growing economies in the world is trying to control the use of oil, as its national grid fails to cope with demand, and people there turn to generators to power homes and businesses.
LEE: We're very much still a command economy. The government is attempting to limit electricity consumption. You are now not allowed to use a lift for a journey of less than five floors. The light bulbs have been removed from a large number of street lights. Hotels are only allowed to do their laundry at night. Various factories are being asked to work at night rather than during the day.
MURIEL: Desperate measures in desperate times. The International Energy Agency, which advises 26 industrialized nations on energy policy, has stepped up consultations on the possible deployment of strategic oil reserves. But analysts say that would be a last resort, and only likely to happen if there is a physical shortage in oil supply to the market.
Diana Muriel, CNN, London.
(END VIDEOTAPE)
KAGAN: Not surprisingly, investors have also been keeping a close eye on oil. Stocks have sold off, and oil prices have hit record highs.
(STOCK MARKET REPORT) (COMMERCIAL BREAK)
KAGAN: Let's take a look at what is on the docket today in our legal briefs. Testimony resumes in the murder trial of Scott Peterson in a couple of hours. The prosecution's star witness will return to the stand. Former mistress Amber Frey yesterday described a relationship of sex, lies, and deceit.
Earlier on CNN's AMERICAN MORNING, we spoke to Amber Frey's attorney.
(BEGIN VIDEO CLIP)
GLORIA ALLRED, AMBER FREY'S ATTORNEY: Well, absolutely, her testimony was very strong evidence for the prosecution in support of their theory that she was a motive for murder. He, for example, said that he lost his wife. These would be the first holidays without her, and that's before Laci ever went missing.
Now, was that just a coincidence, or was that premeditation for the murder of Laci?
(END VIDEO CLIP)
KAGAN: Now, to the rape allegations against NBA superstar Kobe Bryant. Less than three weeks before his criminal trial is set to begin, Bryant's accuser has filed a civil lawsuit seeking money. The suit seeks an unspecified amount for the 20-year-old woman, saying that she has been subjected to, quote, "public scorn, hatred, and ridicule." Civil suits carry a lower burden of proof, but could complicate Bryant's criminal trial.
For some legal perspective on this latest move, a guest familiar with both defense and prosecution. Craig Silverman is now in private practice after spending 16 years at the Denver District Attorney's Office.
Craig, good morning. Thanks for being here with us.
CRAIG SILVERMAN, CRIMINAL DEFENSE ATTORNEY: Good morning, Daryn.
KAGAN: First, how unusual to see a civil case filed before a criminal case is over?
SILVERMAN: It's really unusual, especially without a statute of limitation problem. Obviously, this gives Team Kobe added ammunition to support their theory that this accuser is primarily motivated by money.
So, it's hard to figure out strategically why they would file this if they are serious about the criminal case.
KAGAN: Well, is that sending a signal to the prosecution that she doesn't want to participate in that? That just she wants to have her own case? SILVERMAN: Well, it looks like this is the latest move in a well orchestrated exit strategy on the part of the accuser and her attorneys. The prosecution apparently is playing along. There may be some further moves by the prosecution before this case dies, but it looks like the criminal case is going to die.
KAGAN: If -- but if it does go forward, could you bring into evidence, if you're the defense, that this case has already been filed to make your point that the accuser is just looking for money?
SILVERMAN: Oh, absolutely. They will wave around this lawsuit showing the jury that this young lady is looking for money. And they will try to make that her primary motive.
KAGAN: So, in a civil case, as we were saying, the burden of proof a lot lower than a criminal case. What would she have to prove in order to win in a courtroom?
SILVERMAN: She'd have to prove a sexual assault, but only by a preponderance of the evidence. She could also have Kobe Bryant deposed before the trial, and he would have to speak in a criminal trial. Of course, he doesn't -- in a civil case, if he refused to speak, the jury would be told they could hold that against him.
Of course, Kobe Bryant could get into a lot of details about this young lady, if she had some preexisting mental and medical conditions that would come out on the issue of damages.
KAGAN: Well, and couldn't you also bring in out other stuff about him that wouldn't have been able to come -- to be brought in during a criminal case?
SILVERMAN: Actually, in Colorado in a criminal case, if the prosecution had evidence of other sexual misconduct on the part of Kobe Bryant, they can put that into evidence.
About three months ago, they announced in open court they had no such evidence. Despite that the civil lawsuit contends that Kobe Bryant has a history of being some kind of violent sex offender, it's hard to figure out what the truth is now.
KAGAN: It sounds like it would behoove both sides to settle this before it gets to the point of depositions and trials.
SILVERMAN: Yes, I think that's in pretty good thinking. Both have a lot to lose if it goes to trial. Clearly, Kobe Bryant did some things and said some things that he now very much regrets.
KAGAN: Craig Silverman, thanks for your insights, in Colorado.
SILVERMAN: My pleasure.
KAGAN: Well, on a much more uplifting note, you're going to want to stick around to meet our everyday hero. He's a brave teenager who put his life on the line to save a youngster from rushing waters.
Also, this is what we're working on for next hour.
ANNOUNCER: Ahead on CNN, at 11:00, CNN is live from the courthouse as Amber Frey testifies about an affair prosecutors say drove Scott Peterson to murder his pregnant wife.
Then, Tropical Storms Bonnie and Charley are headed for Florida. Find out when and where they may hit.
And at noon, American troops battle for Najaf. CNN is live with today's developments.
Stay with CNN, the most trusted name in news.
(COMMERCIAL BREAK)
KAGAN: Let's take a look at other stories making news coast to coast.
Eighty-six-year-old newsman Mike Wallace was arrested last night outside of a New York restaurant for disorderly conduct. Wallace allegedly lunged at a taxi and limousine inspector who was questioning his driver. The restaurant owner said the officer manhandled Wallace like a common criminal.
Singer Gloria Estefan is on her farewell tour, and it seems like one overzealous fan wanted to extend some personal wishes. Estefan kept right on singing and smiling, and the Houston fan was led away.
And a motorist accused of causing a fatal crash while watching a DVD movie has been acquitted. The Alaska man had been charged in the death of two people after his truck hit their SUV. The truck driver testified he wasn't watching the DVD player.
Today's "Everyday Hero" is a 13-year-old boy in Phoenix, Arizona. He was in the right place at exactly the right time. T.J. Lopez is being honored with saving a boy with autism who had wandered away from his home.
Steve Bodanay (ph) from our affiliate KTVK, explains how certain tragedy was averted.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: Give mom a hug. Oh, I love you.
STEVE BODANAY (ph), KTVK REPORTER (voice-over): Today, little Arlend Malcolm is wrapped in his mom, Angela's, arms. Yesterday, he was wrap in these churning waters, after slipping through two side gates hot on the heals of his best buddy, Buck.
UNIDENTIFIED MALE: If the Lord wasn't watching over my boy, he would be dead today.
BODANAY: Arlen's dad, Allen, thinks the good Lord saved his boy by putting this boy close by.
ALAN MALCOM, ARLEND'S FATHER: I just want to say thank you, T.J. You saved my son's life.
BODANAY: T.J. is Thomas Lopez. And yesterday, he watched as Arlend and Buck slipped into the dangerous water.
THOMAS T.J. THOMAS LOPEZ, RESCUER: When I came over here, he was choking, and he was like -- and his eyes were all watery. So I jumped in the water and I grabbed him.
BODANAY: But the water was moving much too fast for T.J. to push the frightened boy out. I had to get out myself and hold on to his arm and pull him out, and I said, hold on, stay here, and I jumped back in to get his big old dog.
BODANAY (on camera): Why did you jump back in for the dog?
LOPEZ: Because. I don't know. That was his dog, I think, his special dog.
BODANAY (voice-over): T.J., Arlend and the special dog were joined by T.J.'s mom, Brandy, as they went looking for Arlend's home.
MALCOLM: I took off up this street here, looking for him.
BODANAY: As this frantic father searched for his son, his prayers were answered.
MALCOLM: This is where I picked up my son. He scared me to death. I have never been so scared in my entire life.
LOPEZ: His dad's all, thank you, T.J., for doing what you did. I'm so grateful that you did this. He was on his knees crying.
UNIDENTIFIED FEMALE: Now everybody know, my baby is a hero.
BODANAY: T.J. says he was frightened during his heroic deed, but he knows he did the right thing.
LOPEZ: He was a little kid. He was younger than me, so I just had to jump in. It's my choice.
BODANAY: And that brave teen's choice gave a challenged young boy a chance to smile today, a good old dog a chance to catch a nap, and a dad and a mom a chance to say thanks.
ANGELA MALCOM, ARLEND'S MOTHER: Thank god for T.J. And, T.J., you are a hero. You really are a hero.
(END VIDEOTAPE)
KAGAN: Well congratulations to T.j. Lopez, and thank you to Steve Bodanay of KTVK for that story.
If you know of a story involving an everyday hero, we'd like to hear about it. Send us an e-mail at livetoday@CNN.com.
(COMMERCIAL BREAK) KAGAN: There is something on that screen. There you go.
Stargazers, set your alarm for tonight. This could be your best opportunity to see the Perseid meteor shower. It stretches across the summer sky each year. This year, and especially tonight, the fiery display of space dust promises to be even more impressive than usual.
Earlier on CNN's "AMERICAN MORNING," we spoke to Charles Liu. He is an astrophysicist at the American Museum of Natural History in New York City.
(BEGIN VIDEO CLIP)
CHARLES LIU, ASTROPHYSICIST, AMERICAN MUSEUM OF NATURAL HISTORY: The reason we are getting the peek tonight and tomorrow morning is because we're passing through sort of the remnants of a comet called "Swift Tuttle (ph)."
And in 1862, 130 years ago, it passed through the part of the solar system that we're about to go through now. So there may be a new strand of these dust particles we'll be going through, and thus we may see maybe twice or three times as many as usual.
(END VIDEO CLIP)
KAGAN: Well, if you want to turn your eyes to the sky, the best advise, focus to the northeast around 2:00 a.m.
(WEATHER REPORT)
KAGAN: We have all heard the phrase "ugly American." You know the look, Hawaiian shit, dark socks, sneakers, maybe sandals, but in this age of terrorism, it's becoming more important to blend in if you are traveling abroad. Coming up, a travel expert will show you how.
And another chapter in "The Princess Diaries." I'll have a chance to talk live with the stars. Julie Andrews joins me, and Anne Hathaway. The second hour of CNN LIVE TODAY begins right now.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired August 11, 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: A Pakistani citizen is being held by U.S. immigration after he was found with videotapes showing buildings and transit systems. The tapes were shot in Atlanta, Austin, Charlotte, Dallas, Houston and New Orleans.
Our Jeanne Meserve is in Washington with more.
Jeanne, good morning.
JEANNE MESERVE, CNN CORRESPONDENT: Good morning, Daryn.
This morning, authorities are trying to determine whether or not this individual was conducting surveillance for terrorists. At this point, they still do not know. Kamran Shaikh, also known as Kamran Akhtar, is a Pakistani with a New York address. He was picked up July 20th as he videotaped the Charlotte, North Carolina skyline.
(BEGIN VIDEO CLIP)
OFFICER ANTHONY MAGLIONE, CHARLOTTE-MECKLENBURG CO. POLICE: I observed a gentleman taking videos of the skyline. Once I slowed down to take a closer look at him, he started acting a little irrational, turned away from me, tried to become evasive. When I stopped by vehicle, he started to walk away, and that's when I got out and addressed him.
(END VIDEO CLIP)
MESERVE: In Shaikh's possession, according to a court affidavit, other tapes of downtown Atlanta, Houston, Dallas and New Orleans, public transportation systems in some of those cities, and what appeared to be the Mansfield dam in Austin.
U.S. government sources say the tapes include a narrative, which has yet to be translated, and they say there is other information about Shaikh which raises their suspicions.
But law enforcement sources say his name has not shown up yet in any terrorism-related databases. The investigation continues full- bore, in the word of one official, and includes interview with some of Shaikh's associates. But as yet, nothing has turned up linking this man to terrorism -- Daryn.
KAGAN: Jeanne, does that investigation include looking out for other people who might be taking surveillance videos? MESERVE: Well, this investigation doesn't necessarily involve that, but they are looking for more surveillance activities. If there's one thing they know about al Qaeda, it is that it does do a very careful casing of targets. This was proven once again by those materials that were seized in Pakistan recently.
So directives have gone out to law enforcement, saying look for people doing surveillance. It tells them specifically the sorts of things that might indicate surveillance is going on. In Charlotte, North Carolina, we had a policeman who was attentive, listened and picked up this individual. But as I say, whether or not he has any links to al Qaeda or any other terrorist group is simply not established at this point.
KAGAN: Jeanne Meserve in Washington. Jeanne, thank you.
Video is included in our next story. Transit workers on one metro New York rail line are spending time watching a new video.
Our Deborah Feyerick reports the tape may not only save their lives, but the lives of passengers as well.
(BEGIN VIDEOTAPE)
DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): As trains from New Jersey arrive into Penn Station, during the Republican Convention there will be lots of eyes watching for anything suspicious, not just police, but train conductors, maintenance workers, even the people who keep the tracks clean.
DAN STESSEL, N.J. TRANSIT SPOKESMAN: We believe that it's everyone's responsibility to act as the eyes and ears of law enforcement.
FEYERICK: New Jersey transit's 3,000 workers are getting a refresher course on preventing terror attacks, not in class, but by video, mailed out by New Jersey transit.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Keep your eyes open for anyone or anything that is out of place or suspicious.
(END VIDEO CLIP)
FEYERICK: The video was produced by the National Transit Institute. Bus and rail experts in London and the Middle East were consulted for real life experience to help develop a plan. Transit workers are taught where to look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Make sure you check your vehicle's exterior, including the wheel well.
Other compartments, the engine. (END VIDEO CLIP)
FEYERICK: And what to look for.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Look for out of place objects, near or around switches, next to electrical signals and communication lines.
(END VIDEO CLIP)
FEYERICK: They're even reminded how to call for help.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Do not use a cell phone or radio, because they could detonate the device.
(END VIDEO CLIP)
FEYERICK: And if the attack is chemical or biological, workers are taught to apply what's called the rule of twos.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: If two or more people are suddenly displaying the same symptoms, chances are something right there in the immediate environment is causing it.
(END VIDEO CLIP)
FEYERICK: While much of the advice is common sense.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: If something doesn't seem right, chances are it isn't.
(END VIDEO CLIP)
FEYERICK: Workers are reminded they need to protect themselves first so they can then help others.
Deborah Feyerick, CNN, New York.
(END VIDEO CLIP)
KAGAN: Easing the pain at the pump. We'll take a closer look at the oil markets this week and find out what impact, if any, they're having on prices at your local gas stations. And the saying goes, timing is everything. That's certainly the case with our "Everyday Hero" this morning. We have an amazing story out of Arizona.
(COMMERCIAL BREAK)
KAGAN: Let's talk energy prices now. Oil prices have eased up just a bit since yesterday's record prices, and earlier this morning, the International Energy Agency offered a glimmer of good news. The worldwide demand of oil appears to be slowing a bit.
But as CNN's Diana Muriel reports, there are no simple answers to those strained supplies.
(BEGIN VIDEOTAPE)
DIANA MURIEL, CNN CORRESPONDENT (voice-over): In the battle to control the price of oil, this is a frontline. The partial sabotage of one of two oil export pipelines in southern Iraq Monday cut the country's oil flow from 1.9 to 1.1 million barrel as day.
CAPT. HISHA HALAWI, BRITISH FORCES SPOKESMAN: The situation in Basra is calm. We also had reports that the oil production had stopped. This is a total lie. The merger (ph) of the Southern Oil Company had been threatened, but the oil production continued.
JULIA LEE, CTR. FOR GLOBAL ENERGY STUDIES: We are seeing very tight capacity now in the shipping market. We are beginning to run out of tankers to carry this oil around the world. We are seeing tight capacity in -- particularly in the United States in import infrastructure; how much more oil can be brought into the U.S. through its ports and its pipelines is questionable. And we're seeing refineries running virtually flat out in the United States to produce the products that people are using, so there is not a lot of spare capacity anywhere along the supply chain.
MURIEL: China, one of the fastest growing economies in the world is trying to control the use of oil, as its national grid fails to cope with demand, and people there turn to generators to power homes and businesses.
LEE: We're very much still a command economy. The government is attempting to limit electricity consumption. You are now not allowed to use a lift for a journey of less than five floors. The light bulbs have been removed from a large number of street lights. Hotels are only allowed to do their laundry at night. Various factories are being asked to work at night rather than during the day.
MURIEL: Desperate measures in desperate times. The International Energy Agency, which advises 26 industrialized nations on energy policy, has stepped up consultations on the possible deployment of strategic oil reserves. But analysts say that would be a last resort, and only likely to happen if there is a physical shortage in oil supply to the market.
Diana Muriel, CNN, London.
(END VIDEOTAPE)
KAGAN: Not surprisingly, investors have also been keeping a close eye on oil. Stocks have sold off, and oil prices have hit record highs.
(STOCK MARKET REPORT) (COMMERCIAL BREAK)
KAGAN: Let's take a look at what is on the docket today in our legal briefs. Testimony resumes in the murder trial of Scott Peterson in a couple of hours. The prosecution's star witness will return to the stand. Former mistress Amber Frey yesterday described a relationship of sex, lies, and deceit.
Earlier on CNN's AMERICAN MORNING, we spoke to Amber Frey's attorney.
(BEGIN VIDEO CLIP)
GLORIA ALLRED, AMBER FREY'S ATTORNEY: Well, absolutely, her testimony was very strong evidence for the prosecution in support of their theory that she was a motive for murder. He, for example, said that he lost his wife. These would be the first holidays without her, and that's before Laci ever went missing.
Now, was that just a coincidence, or was that premeditation for the murder of Laci?
(END VIDEO CLIP)
KAGAN: Now, to the rape allegations against NBA superstar Kobe Bryant. Less than three weeks before his criminal trial is set to begin, Bryant's accuser has filed a civil lawsuit seeking money. The suit seeks an unspecified amount for the 20-year-old woman, saying that she has been subjected to, quote, "public scorn, hatred, and ridicule." Civil suits carry a lower burden of proof, but could complicate Bryant's criminal trial.
For some legal perspective on this latest move, a guest familiar with both defense and prosecution. Craig Silverman is now in private practice after spending 16 years at the Denver District Attorney's Office.
Craig, good morning. Thanks for being here with us.
CRAIG SILVERMAN, CRIMINAL DEFENSE ATTORNEY: Good morning, Daryn.
KAGAN: First, how unusual to see a civil case filed before a criminal case is over?
SILVERMAN: It's really unusual, especially without a statute of limitation problem. Obviously, this gives Team Kobe added ammunition to support their theory that this accuser is primarily motivated by money.
So, it's hard to figure out strategically why they would file this if they are serious about the criminal case.
KAGAN: Well, is that sending a signal to the prosecution that she doesn't want to participate in that? That just she wants to have her own case? SILVERMAN: Well, it looks like this is the latest move in a well orchestrated exit strategy on the part of the accuser and her attorneys. The prosecution apparently is playing along. There may be some further moves by the prosecution before this case dies, but it looks like the criminal case is going to die.
KAGAN: If -- but if it does go forward, could you bring into evidence, if you're the defense, that this case has already been filed to make your point that the accuser is just looking for money?
SILVERMAN: Oh, absolutely. They will wave around this lawsuit showing the jury that this young lady is looking for money. And they will try to make that her primary motive.
KAGAN: So, in a civil case, as we were saying, the burden of proof a lot lower than a criminal case. What would she have to prove in order to win in a courtroom?
SILVERMAN: She'd have to prove a sexual assault, but only by a preponderance of the evidence. She could also have Kobe Bryant deposed before the trial, and he would have to speak in a criminal trial. Of course, he doesn't -- in a civil case, if he refused to speak, the jury would be told they could hold that against him.
Of course, Kobe Bryant could get into a lot of details about this young lady, if she had some preexisting mental and medical conditions that would come out on the issue of damages.
KAGAN: Well, and couldn't you also bring in out other stuff about him that wouldn't have been able to come -- to be brought in during a criminal case?
SILVERMAN: Actually, in Colorado in a criminal case, if the prosecution had evidence of other sexual misconduct on the part of Kobe Bryant, they can put that into evidence.
About three months ago, they announced in open court they had no such evidence. Despite that the civil lawsuit contends that Kobe Bryant has a history of being some kind of violent sex offender, it's hard to figure out what the truth is now.
KAGAN: It sounds like it would behoove both sides to settle this before it gets to the point of depositions and trials.
SILVERMAN: Yes, I think that's in pretty good thinking. Both have a lot to lose if it goes to trial. Clearly, Kobe Bryant did some things and said some things that he now very much regrets.
KAGAN: Craig Silverman, thanks for your insights, in Colorado.
SILVERMAN: My pleasure.
KAGAN: Well, on a much more uplifting note, you're going to want to stick around to meet our everyday hero. He's a brave teenager who put his life on the line to save a youngster from rushing waters.
Also, this is what we're working on for next hour.
ANNOUNCER: Ahead on CNN, at 11:00, CNN is live from the courthouse as Amber Frey testifies about an affair prosecutors say drove Scott Peterson to murder his pregnant wife.
Then, Tropical Storms Bonnie and Charley are headed for Florida. Find out when and where they may hit.
And at noon, American troops battle for Najaf. CNN is live with today's developments.
Stay with CNN, the most trusted name in news.
(COMMERCIAL BREAK)
KAGAN: Let's take a look at other stories making news coast to coast.
Eighty-six-year-old newsman Mike Wallace was arrested last night outside of a New York restaurant for disorderly conduct. Wallace allegedly lunged at a taxi and limousine inspector who was questioning his driver. The restaurant owner said the officer manhandled Wallace like a common criminal.
Singer Gloria Estefan is on her farewell tour, and it seems like one overzealous fan wanted to extend some personal wishes. Estefan kept right on singing and smiling, and the Houston fan was led away.
And a motorist accused of causing a fatal crash while watching a DVD movie has been acquitted. The Alaska man had been charged in the death of two people after his truck hit their SUV. The truck driver testified he wasn't watching the DVD player.
Today's "Everyday Hero" is a 13-year-old boy in Phoenix, Arizona. He was in the right place at exactly the right time. T.J. Lopez is being honored with saving a boy with autism who had wandered away from his home.
Steve Bodanay (ph) from our affiliate KTVK, explains how certain tragedy was averted.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: Give mom a hug. Oh, I love you.
STEVE BODANAY (ph), KTVK REPORTER (voice-over): Today, little Arlend Malcolm is wrapped in his mom, Angela's, arms. Yesterday, he was wrap in these churning waters, after slipping through two side gates hot on the heals of his best buddy, Buck.
UNIDENTIFIED MALE: If the Lord wasn't watching over my boy, he would be dead today.
BODANAY: Arlen's dad, Allen, thinks the good Lord saved his boy by putting this boy close by.
ALAN MALCOM, ARLEND'S FATHER: I just want to say thank you, T.J. You saved my son's life.
BODANAY: T.J. is Thomas Lopez. And yesterday, he watched as Arlend and Buck slipped into the dangerous water.
THOMAS T.J. THOMAS LOPEZ, RESCUER: When I came over here, he was choking, and he was like -- and his eyes were all watery. So I jumped in the water and I grabbed him.
BODANAY: But the water was moving much too fast for T.J. to push the frightened boy out. I had to get out myself and hold on to his arm and pull him out, and I said, hold on, stay here, and I jumped back in to get his big old dog.
BODANAY (on camera): Why did you jump back in for the dog?
LOPEZ: Because. I don't know. That was his dog, I think, his special dog.
BODANAY (voice-over): T.J., Arlend and the special dog were joined by T.J.'s mom, Brandy, as they went looking for Arlend's home.
MALCOLM: I took off up this street here, looking for him.
BODANAY: As this frantic father searched for his son, his prayers were answered.
MALCOLM: This is where I picked up my son. He scared me to death. I have never been so scared in my entire life.
LOPEZ: His dad's all, thank you, T.J., for doing what you did. I'm so grateful that you did this. He was on his knees crying.
UNIDENTIFIED FEMALE: Now everybody know, my baby is a hero.
BODANAY: T.J. says he was frightened during his heroic deed, but he knows he did the right thing.
LOPEZ: He was a little kid. He was younger than me, so I just had to jump in. It's my choice.
BODANAY: And that brave teen's choice gave a challenged young boy a chance to smile today, a good old dog a chance to catch a nap, and a dad and a mom a chance to say thanks.
ANGELA MALCOM, ARLEND'S MOTHER: Thank god for T.J. And, T.J., you are a hero. You really are a hero.
(END VIDEOTAPE)
KAGAN: Well congratulations to T.j. Lopez, and thank you to Steve Bodanay of KTVK for that story.
If you know of a story involving an everyday hero, we'd like to hear about it. Send us an e-mail at livetoday@CNN.com.
(COMMERCIAL BREAK) KAGAN: There is something on that screen. There you go.
Stargazers, set your alarm for tonight. This could be your best opportunity to see the Perseid meteor shower. It stretches across the summer sky each year. This year, and especially tonight, the fiery display of space dust promises to be even more impressive than usual.
Earlier on CNN's "AMERICAN MORNING," we spoke to Charles Liu. He is an astrophysicist at the American Museum of Natural History in New York City.
(BEGIN VIDEO CLIP)
CHARLES LIU, ASTROPHYSICIST, AMERICAN MUSEUM OF NATURAL HISTORY: The reason we are getting the peek tonight and tomorrow morning is because we're passing through sort of the remnants of a comet called "Swift Tuttle (ph)."
And in 1862, 130 years ago, it passed through the part of the solar system that we're about to go through now. So there may be a new strand of these dust particles we'll be going through, and thus we may see maybe twice or three times as many as usual.
(END VIDEO CLIP)
KAGAN: Well, if you want to turn your eyes to the sky, the best advise, focus to the northeast around 2:00 a.m.
(WEATHER REPORT)
KAGAN: We have all heard the phrase "ugly American." You know the look, Hawaiian shit, dark socks, sneakers, maybe sandals, but in this age of terrorism, it's becoming more important to blend in if you are traveling abroad. Coming up, a travel expert will show you how.
And another chapter in "The Princess Diaries." I'll have a chance to talk live with the stars. Julie Andrews joins me, and Anne Hathaway. The second hour of CNN LIVE TODAY begins right now.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
