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CNN Live At Daybreak

Charley Churns Toward Florida; Showdown States; 'Coffey Talk'

Aired August 13, 2004 - 06:30   ET

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

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


CAROL COSTELLO, CNN ANCHOR: Live to Tampa, Florida, now and Chad.
Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

Winds are picking up a little bit, maybe 12 or 13 miles per hour, nothing like they're going to be. But already beginning to see a lot of people now getting out here, getting with their boats, beginning to retie them, a couple of double lines, whatever you can do.

The problem is that the water surge here in Tampa Bay is going to be so high in some spots that these boats, some of them don't even have a chance.

A big sport fishing boat here, I'm sure this guy would rather be out there on his tuna tower. But let me tell you, this boat is going to be in real trouble later today as the water literally will be 14 to 15 feet higher than where it is right now, especially on top of some of the waves.

Maybe even of the storm surge is only 8 feet, let's say that's the best-case scenario that the water only goes up 8 feet, which would be here compared to where the water level is now, you still have waves on top of that. You could still get 4 to 6 foot waves on top of that. So, you're still talking 10 to 12, 14 high as these waves go up and down today.

We are heading for higher ground later on this morning -- Carol.

COSTELLO: I hope so. You stay safe out there, Chad. Thank you.

About a million people are being told to get out of the way of Hurricane Charley. Evacuations are now under way in the Florida Keys and Tampa Bay areas. You heard Chad talking about that.

Our Ed Lavandera joins us live from a shelter in Dunedin, Florida, that's packed with hundreds of people who were forced out of their homes.

Good morning -- Ed.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Carol.

Well, this is going to be a typical scene that's played out across the state of Florida today. As we've told you, the evacuation started yesterday in Key West, and they started moving their way up northward toward the Tampa area.

And here in Dunedin, this is the middle school in Dunedin. People got here. There are about five buildings that can be used to shelter people. We're told that they can house as many 5,000 to 6,000 people here if they have to. There are already several hundred, and they continue to sign up several hundred people here that have already spent the night here tonight.

We can kind of give you a quick peek inside. It's kind of a bad time of morning to do this, quite honestly, while these people are just waking up. But we'll just give you a quick scene of what it's like for most of these people here this morning.

And as I said, they are fully prepared to continue taking in more people across the state's shelters. We're only about a mile away from the water here, but this is one of the higher points in the county. Many of these people either live in motor homes or along waterfront properties. And those were the people that were told that they should evacuate the areas to protect themselves.

Of course, as you know, as this storm starts moving toward the Tampa area, flooding is going to be a major concern. And those folks that live along the waterfront are the ones that are going to experience the most trouble at their homes. So that's why many of these people are here. And they will continue to be here until this storm blows through.

In fact, you know, we started off the day yesterday talking about how a lot of people were apathetic about this storm. You could see through the day yesterday how a lot of people really started jumping into action and doing what they needed to do to protect themselves -- Carol.

COSTELLO: Yes, I can kind of understand that, because you never really expect it's going to happen. But I'm glad people are taking heed of the warnings this morning. Ed Lavandera live from Dunedin, Florida, thank you.

On to Iraq now. Muqtada al-Sadr is expected to make a full recovery from wounds to his arm and chest. The radical Shiite cleric was hit by shrapnel today as his militiamen clashed with American and Iraqi troops in the city of Najaf.

U.S. Marine Captain Carrie Batson gave us an update this morning on the battle for Najaf.

(BEGIN VIDEO CLIP)

CAPT. CARRIE BATSON, U.S. MARINE CORPS: What we know is about 80 percent of Najaf right now is stable. We have several isolated strong points of Muqtada militia. And so an effort to stabilize these areas of Muqtada militia strong points, we conducted a raid on Sadr's neighborhood, not just his house but also in two buildings that he's using, which are hospital and medical facilities.

This, again, was a joint raid. Iraqi security forces led the way. U.S. Marines were there to help them. And it was very successful.

(END VIDEO CLIP)

COSTELLO: It's reported Muqtada al-Sadr was somewhere in the compound of the Iman Ali Mosque when he was wounded. His spokesman says he was treated inside the mosque, and he is expected to recover.

Now to the campaign trail, and the path leads through the West for both candidates today. President Bush heads to Oregon and Washington State as part of his Western swing. In Portland, the president will address a small business summit.

John Kerry will also be in Portland today. It's the second time this month that Kerry and Bush have ended up in the same city on the same day. The Democratic candidate is finishing up a 15-day, 22-state trek across the country. Kerry is expected to take a few days off after today's planned events.

You know, all week long we've been taking aim at swing states. We've covered Ohio and Pennsylvania. This morning, it's West Virginia's turn. It's a state that is represented by a fiery Democratic senator, Robert Byrd, and also Senator Jay Rockefeller. The governor is a Democrat in West Virginia. The state is 59 percent Democrat.

But take a look at how West Virginia voted in the 2000 elect -- the 2000 election, rather. We do have a graphic. There it is. As you can see, George W. Bush won. So what will happen this time around?

Joining us live from Charleston, West Virginia, Chris Stirewalt, a political editor from the "Charleston Daily Mail."

Good morning.

CHRIS STIREWALT, POLITICAL EDITOR, CHARLESTON DAILY MAIL": Good morning, Carol.

COSTELLO: So what issues are really intriguing West Virginia voters?

STIREWALT: Well, like the rest of the country, the war in Iraq and the war on terror are of pre-imminent concern in West Virginia as opposed to other swing states. Social issues will be even more important to voters here.

COSTELLO: Before we get to the social issues, I should have asked you about how a Republican won the state in the year 2000 when you have so many Democrats there in the state.

STIREWALT: Well, West Virginia is, you would have to assume, the most conservative of any Democratic state. It's very similar to what we saw in the South when it was petering on the brink between Democrat and Republican. There are a lot of very conservative tendencies here, but also a traditional allegiance to the Democratic Party that's about 70 years old. COSTELLO: Understand. OK, President Bush and his wife appeared on "LARRY KING LIVE" last night, and you were talking about social issues. Well, we have a sound byte for you to listen to and react to. Let's listen to what President Bush said on "LARRY KING LIVE" last night.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: It's too important an issue for judges to make that decision. And I think one way to guarantee that traditional marriage is defined as between a man and a woman is through the constitutional process.

LARRY KING, CNN HOST: What about the union of gays?

BUSH: Well, that's up to states, you know, if the states choose to do that. In other words, if they want to provide legal protections for gays, that's great. That's fine. But I do not want to change the definition of marriage. I don't think our country should.

(END VIDEO CLIP)

COSTELLO: So does an issue like that resonate in West Virginia?

STIREWALT: Well, absolutely. You're looking at a state that is -- you have a large evangelical population and also a large Catholic population in the northern part of the state. And abortion and gay marriage are pivot issues here. This is more than swing. This is something where people, who even have through labor unions and other things traditional affinities towards the Democratic Party, are saying that they just can't go with John Kerry if they think that he is taking a softer stance on gay marriage or abortion.

COSTELLO: What about the economy in West Virginia? I know it's not so great, especially when you look at the coal mines. In fact, I read an article the other day that some air quality requirements were being lifted at coal mines. The article hinted that it's a clandestine effort to help the coal industry by the Republicans. Would that resonate with those who work the mines there?

STIREWALT: Well, one of the reasons that Bush did so well in 2000 in West Virginia and why he's continuing to do well in the southern part of the state, where most of the coal is mined, is his stance on energy and wanting coal as a bigger part of the domestic energy agenda.

So that probably is his strongest suit. That is probably Bush's strongest suit in West Virginia is the belief that he has an affinity for West Virginia coal.

COSTELLO: Chris Stirewalt, political editor from the "Charleston Daily Mail," thank you for joining DAYBREAK this morning.

To learn more about the politics of your home state, go to CNN.com. You can look up your state's presidential voting history and learn more about who is running in the major races this year. CNN.com.

Interesting news on the legal scene this week next, after 40 minutes past the hour, analysis on Amber Frey's testimony in the Scott Peterson trial. And a look at why prosecutors in the Kobe Bryant case may be trying to have a gag order lifted.

But first, here's a look at what else is making news this Friday.

(COMMERCIAL BREAK)

COSTELLO: On to legal matters now.

Jurors hear more recorded phone calls between Scott Peterson and his then-mistress, Amber Frey. Plus, interesting developments in the Kobe Bryant case; this time aimed at the judge.

It's time for some "Coffey Talk" now. Our favorite legal analyst, Kendall Coffey, joins us live from New York.

Hello -- Kendall.

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

COSTELLO: Let's start with the Scott Peterson case. These phone conversations were played again in court, and this time Scott Peterson appeared -- well, he sounded rather tearful at times.

COFFEY: Well, that's right. And while the prosecution is setting an Olympic record for how many times can you prove that the defendant is a liar, when it comes to what the jury is really interested in at this point, what's the evidence with respect to murder, they don't have anything very compelling so far. And, in fact, he sounded rather upset and concerned and worried about Laci Peterson in the latest of the recordings that they played yesterday.

COSTELLO: Yes, you have to be wondering what the police were trying to prove and why they wanted this part of the tape entered into court, because he specifically said he had nothing to do with her disappearance.

COFFEY: That's right. And apparently he said it pretty convincingly. The only thing you can assume, Carol, is they knew that if they didn't play it the defense was going to play it. So they probably thought it would be easier to deal with if they put it forward in their own presentation.

COSTELLO: So is this working for them, working for the prosecution?

COFFEY: I don't think it's working enough. I mean, they got a few points in there. Certainly Scott Peterson sounded utterly heartless on the night of the vigil calling Amber and talking about his friend in Paris, Francois, very contrite and very detailed.

But it's getting to a point now where the jury has got to be thinking, all right, all right, he's a liar and he's a scoundrel and he's an adulterer. What do you have to show us that prove he's a murderer?

COSTELLO: Yes, so let's get on with it already. But there is going to be more testimony from Amber Frey next week.

Let's talk about the Kobe Bryant case, because this is getting really ugly now.

COFFEY: Well, and certainly it's understandable to reflect on the anguish of a father writing this blistering letter to the judge. It seems like the courthouse is being made the fall guy by the prosecution and by the alleged victim's family.

But the reality is that this case has a very serious problem from the alleged victim's standpoint, and that is the judge ruled that despite the rape shield law, on the merits the defense is entitled to bring out critical elements of sexual history. When it's all said and done, Carol, what I think the finale to this criminal prosecution are the letters DNA -- proof sufficient from a forensics standpoint to convince the judge that he had to allow some elements of the sexual history to be heard by the jury.

COSTELLO: That's true, Kendall. Or that may or may not be true, depending on your opinion. But shouldn't some blame be pinned on this court for accidentally releasing so much information about this woman?

COFFEY: Absolutely. I mean, it's been one blunder bolt after another shattering her privacy. But the reality is that the judge himself has been pretty even-handed in his rulings. And a lot of the criticism directed toward the judge -- but you understand the frustration and you understand the anguish of a family -- is not fair. In many ways, he's ruled against the defense more than he's ruled for them.

COSTELLO: Well, but I guess the main point that we should be talking about is this gag order, because this woman's attorneys and her family want the gag order lifted so they can come out and defend themselves about this leaked information.

COFFEY: Well, it's understandable, because they believe that the public is hearing only one side of it. They want a chance to respond and refute what is being put out in the public.

What it tells you is that this case is absolutely toast, because when you get to the point where a gag order is being challenged by the alleged victim, then you know that there is just too much that's come out, too many problems. And it's very hard to see this trial going forward at the end of August.

COSTELLO: Kendall Coffey for some "Coffey Talk" this morning, thank you.

COFFEY: Thanks, Carol.

COSTELLO: Your news, money, weather and sports. It is 6:44 Eastern. Here's what's all new this morning. Michael Jackson just might attend an unusual court hearing on Monday in his child molestation case. His defense team has subpoenaed the prosecutor in the case, because they say his investigation violated the attorney-client privilege.

Word out of Iraq's Najaf, a spokesman for the radical Shiite cleric, Muqtada al-Sadr, says the cleric suffered shrapnel wounds during fighting today. The injuries are not life-threatening.

In money news, the bidding may be postponed due to an interview its co-founders gave to "Playboy" magazine. They were not supposed to discuss the initial public offering. Google, the Web's No. 1 search engine, was expected to open the bidding for its IPO this morning. Google plans to now announce the IPO price next week.

In culture, now you can step all over Laverne and Shirley. Actresses Penny Marshall and Cindy Williams are the latest to get stars on the Hollywood Walk of Fame.

And in sports, it was a stunner at the games in Athens. Get this: Iraq's soccer team scored an unlikely 4-2 win over heavily- favored Portugal in a preliminary match. Congrats to them.

(WEATHER BREAK)

COSTELLO: This weekend looks like the big screen has something for everyone: science lovers, teenage girls, even those who love a little drama on the high seas. The preview of what's happening at the box office. We'll have that for you in 10 minutes.

This is DAYBREAK.

(COMMERCIAL BREAK)

COSTELLO: Let the games begin. The opening ceremonies get off today, marking the official start of the 28th Olympiad.

And CNN's Mark McKay joins us live from Athens this morning with a preview.

Good morning.

MARK MCKAY, CNN CORRESPONDENT: Good morning, Carol.

We start this preview with really a headline making a story across here in Athens. In fact, it has all of the makings of a Greek tragedy.

Less than six hours away -- actually about seven hours away from the start of the opening ceremony, and Greece is all abuzz over two of their own. The Olympic 200 meter champion Costas Kenteris and the silver medalist from Sydney, Katerina Thanou, both are threatened to be thrown out of the Athens games.

Kenteris and Thanou both failed to show for an IOC drugs tribunal on Friday; this on the heels as to what can only be described as a bizarre Thursday for the pair. They missed mandatory drug tests and were later involved in motorcycle accidents here in the Athens area, both resulting in minor injuries.

Now, International Olympic Committee President Jacques Rogge addressed this headline-making story earlier today here in Athens.

(BEGIN VIDEO CLIP)

JACQUES ROGGE, IOC PRESIDENT: The two athletes have the presumption of innocence until the verdict is rendered. But let me speak in general, and I'm not speaking about these games. I'm speaking in general that the games are much stronger than individuals, and we have had very widely-publicized doping cases before. They have not damaged the quality of the games. I think that any athlete that we can catch, sanction and send out of the Olympic Village for doping, that is a victory for sports.

(END VIDEO CLIP)

MCKAY: Now, Kenteris was said to have a prominent role in tonight's opening ceremonies, perhaps as the athlete who lit the torch in light of this rather shocking news, Carol. That almost certainly will not come to pass now.

COSTELLO: No. Mark McKay live from Athens this morning, thank you.

Today's mug winner will be announced in two minutes, but first this is DAYBREAK for a Friday morning.

(COMMERCIAL BREAK)

COSTELLO: Well, that's a scary picture there. A husband and a wife are scuba diving in the ocean. They come to the surface and find that the dive boat has left them all alone in open water with, of course, sharks. That's the plot of one of the weekend movies we'll take a look at this morning.

Tom O'Neil, editor of "In Touch Weekly" joins us live from New York with details.

That looks like a good movie.

TOM O'NEIL, "IN TOUCH" MAGAZINE: It really is, Carol. And it's certainly proof that you don't need big special effects to make a movie work this way. This film was done with a handheld digital camera. And what makes it so extraordinary is those are real sharks going around them. There is just some thin metal mesh between those actors and those sharks. And what makes the movie so delightful is that they concentrate on the couple, who devour each other while the sharks are looking at them.

COSTELLO: What do you mean, "devour each other?" What?

O'NEIL: Well, it's wonderful. You see this marriage disintegrate while, you know, they blame each other for having been left behind. And she forgives him for watching shark week on TV. And it's really a terrific movie.

COSTELLO: Oh, that looks awesome.

Let's move on to the "Princess Diaries," because this looks truly gag-inducing.

O'NEIL: Not to little girls. This was a surprise hit in 2001 when this teenager from San Francisco discovered she was a secret princess. Well, now she's to become queen. Julie Andrews is stepping down, and this Mia has 30 days to find a husband.

What makes this movie so extraordinary, Carol, is for the first time since her botched operation Julie Andrews sings.

COSTELLO: Oh!

O'NEIL: Isn't that wonderful? She doesn't do it with "Raven," and she kind of has to walk through it because her pipes aren't fully back yet. But 40 years after "The Sound of Music," that queen is back on her throne.

COSTELLO: Oh, well that is not gag-inducing. That's a great reason to see the movie. You know, I guess I just get tired of movies that portray young women always having to get married to find happiness. Don't get me wrong, I love marriage and everything. But it's just sort of a standard tale. She doesn't really have a personality in the movie. There is no spunk to her. She just is kind of bland.

O'NEIL: You're right. But the ending of this movie redeems the point that you're making, and I can't tell you what that is.

COSTELLO: OK.

O'NEIL: But you're right on.

COSTELLO: Maybe I should go -- I don't think so.

"Alien vs. Predator."

O'NEIL: Oh, don't see this. This is -- of course, it's going to be the No. 1 movie this weekend. When Hollywood put Freddie and Jason together, that scared up $30 million. So they had this lame-brain idea to put "Alien" and "Predator" together. That had earned a half a billion dollars, those five movies.

But these are just two life forces, aliens trying to take each over while a bunch of stupid scientists get in the way to investigate. You're like, get out of the way, you're going to be killed! And, of course, they're killed, and you're thrilled.

COSTELLO: Oh, geez! Well, that sounds like a terrific film.

O'NEIL: Oh, I love horror movies and I loved the "Alien" movies. So I was very disappointed in this. The special effects are even lousy. They forgot everything, including a plot. COSTELLO: Oh! So "Open Water" is the film to see, and then, of course, "The Princess Diaries" if you have a 12-year-old.

O'NEIL: Yes. But the Olympics are on this weekend, so there will be a lot of competition for people's attention.

COSTELLO: Oh, that's true, too.

O'NEIL: And it's Friday the 13th today, so watch out!

COSTELLO: Oh, gosh. Please stop reminding me of that. OK, Tom O'Neil from "In Touch Weekly," thank you for joining DAYBREAK this morning.

It is time to reveal the winner of the DAYBREAK coffee quiz. Thursday we asked: Which presidential candidate won Ohio in the year 2000? The answer: George W. Bush.

And the winner is Joe Dalton of Long Beach, California. Congratulations, Joe. The cup, as they way, is in the mail.

From the CNN global headquarters in Atlanta, I'm Carol Costello along with Chad Myers and Rob Marciano this morning. "AMERICAN MORNING" starts 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 13, 2004 - 06:30   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Live to Tampa, Florida, now and Chad.
Good morning.

CHAD MYERS, CNN METEOROLOGIST: Good morning, Carol.

Winds are picking up a little bit, maybe 12 or 13 miles per hour, nothing like they're going to be. But already beginning to see a lot of people now getting out here, getting with their boats, beginning to retie them, a couple of double lines, whatever you can do.

The problem is that the water surge here in Tampa Bay is going to be so high in some spots that these boats, some of them don't even have a chance.

A big sport fishing boat here, I'm sure this guy would rather be out there on his tuna tower. But let me tell you, this boat is going to be in real trouble later today as the water literally will be 14 to 15 feet higher than where it is right now, especially on top of some of the waves.

Maybe even of the storm surge is only 8 feet, let's say that's the best-case scenario that the water only goes up 8 feet, which would be here compared to where the water level is now, you still have waves on top of that. You could still get 4 to 6 foot waves on top of that. So, you're still talking 10 to 12, 14 high as these waves go up and down today.

We are heading for higher ground later on this morning -- Carol.

COSTELLO: I hope so. You stay safe out there, Chad. Thank you.

About a million people are being told to get out of the way of Hurricane Charley. Evacuations are now under way in the Florida Keys and Tampa Bay areas. You heard Chad talking about that.

Our Ed Lavandera joins us live from a shelter in Dunedin, Florida, that's packed with hundreds of people who were forced out of their homes.

Good morning -- Ed.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Carol.

Well, this is going to be a typical scene that's played out across the state of Florida today. As we've told you, the evacuation started yesterday in Key West, and they started moving their way up northward toward the Tampa area.

And here in Dunedin, this is the middle school in Dunedin. People got here. There are about five buildings that can be used to shelter people. We're told that they can house as many 5,000 to 6,000 people here if they have to. There are already several hundred, and they continue to sign up several hundred people here that have already spent the night here tonight.

We can kind of give you a quick peek inside. It's kind of a bad time of morning to do this, quite honestly, while these people are just waking up. But we'll just give you a quick scene of what it's like for most of these people here this morning.

And as I said, they are fully prepared to continue taking in more people across the state's shelters. We're only about a mile away from the water here, but this is one of the higher points in the county. Many of these people either live in motor homes or along waterfront properties. And those were the people that were told that they should evacuate the areas to protect themselves.

Of course, as you know, as this storm starts moving toward the Tampa area, flooding is going to be a major concern. And those folks that live along the waterfront are the ones that are going to experience the most trouble at their homes. So that's why many of these people are here. And they will continue to be here until this storm blows through.

In fact, you know, we started off the day yesterday talking about how a lot of people were apathetic about this storm. You could see through the day yesterday how a lot of people really started jumping into action and doing what they needed to do to protect themselves -- Carol.

COSTELLO: Yes, I can kind of understand that, because you never really expect it's going to happen. But I'm glad people are taking heed of the warnings this morning. Ed Lavandera live from Dunedin, Florida, thank you.

On to Iraq now. Muqtada al-Sadr is expected to make a full recovery from wounds to his arm and chest. The radical Shiite cleric was hit by shrapnel today as his militiamen clashed with American and Iraqi troops in the city of Najaf.

U.S. Marine Captain Carrie Batson gave us an update this morning on the battle for Najaf.

(BEGIN VIDEO CLIP)

CAPT. CARRIE BATSON, U.S. MARINE CORPS: What we know is about 80 percent of Najaf right now is stable. We have several isolated strong points of Muqtada militia. And so an effort to stabilize these areas of Muqtada militia strong points, we conducted a raid on Sadr's neighborhood, not just his house but also in two buildings that he's using, which are hospital and medical facilities.

This, again, was a joint raid. Iraqi security forces led the way. U.S. Marines were there to help them. And it was very successful.

(END VIDEO CLIP)

COSTELLO: It's reported Muqtada al-Sadr was somewhere in the compound of the Iman Ali Mosque when he was wounded. His spokesman says he was treated inside the mosque, and he is expected to recover.

Now to the campaign trail, and the path leads through the West for both candidates today. President Bush heads to Oregon and Washington State as part of his Western swing. In Portland, the president will address a small business summit.

John Kerry will also be in Portland today. It's the second time this month that Kerry and Bush have ended up in the same city on the same day. The Democratic candidate is finishing up a 15-day, 22-state trek across the country. Kerry is expected to take a few days off after today's planned events.

You know, all week long we've been taking aim at swing states. We've covered Ohio and Pennsylvania. This morning, it's West Virginia's turn. It's a state that is represented by a fiery Democratic senator, Robert Byrd, and also Senator Jay Rockefeller. The governor is a Democrat in West Virginia. The state is 59 percent Democrat.

But take a look at how West Virginia voted in the 2000 elect -- the 2000 election, rather. We do have a graphic. There it is. As you can see, George W. Bush won. So what will happen this time around?

Joining us live from Charleston, West Virginia, Chris Stirewalt, a political editor from the "Charleston Daily Mail."

Good morning.

CHRIS STIREWALT, POLITICAL EDITOR, CHARLESTON DAILY MAIL": Good morning, Carol.

COSTELLO: So what issues are really intriguing West Virginia voters?

STIREWALT: Well, like the rest of the country, the war in Iraq and the war on terror are of pre-imminent concern in West Virginia as opposed to other swing states. Social issues will be even more important to voters here.

COSTELLO: Before we get to the social issues, I should have asked you about how a Republican won the state in the year 2000 when you have so many Democrats there in the state.

STIREWALT: Well, West Virginia is, you would have to assume, the most conservative of any Democratic state. It's very similar to what we saw in the South when it was petering on the brink between Democrat and Republican. There are a lot of very conservative tendencies here, but also a traditional allegiance to the Democratic Party that's about 70 years old. COSTELLO: Understand. OK, President Bush and his wife appeared on "LARRY KING LIVE" last night, and you were talking about social issues. Well, we have a sound byte for you to listen to and react to. Let's listen to what President Bush said on "LARRY KING LIVE" last night.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: It's too important an issue for judges to make that decision. And I think one way to guarantee that traditional marriage is defined as between a man and a woman is through the constitutional process.

LARRY KING, CNN HOST: What about the union of gays?

BUSH: Well, that's up to states, you know, if the states choose to do that. In other words, if they want to provide legal protections for gays, that's great. That's fine. But I do not want to change the definition of marriage. I don't think our country should.

(END VIDEO CLIP)

COSTELLO: So does an issue like that resonate in West Virginia?

STIREWALT: Well, absolutely. You're looking at a state that is -- you have a large evangelical population and also a large Catholic population in the northern part of the state. And abortion and gay marriage are pivot issues here. This is more than swing. This is something where people, who even have through labor unions and other things traditional affinities towards the Democratic Party, are saying that they just can't go with John Kerry if they think that he is taking a softer stance on gay marriage or abortion.

COSTELLO: What about the economy in West Virginia? I know it's not so great, especially when you look at the coal mines. In fact, I read an article the other day that some air quality requirements were being lifted at coal mines. The article hinted that it's a clandestine effort to help the coal industry by the Republicans. Would that resonate with those who work the mines there?

STIREWALT: Well, one of the reasons that Bush did so well in 2000 in West Virginia and why he's continuing to do well in the southern part of the state, where most of the coal is mined, is his stance on energy and wanting coal as a bigger part of the domestic energy agenda.

So that probably is his strongest suit. That is probably Bush's strongest suit in West Virginia is the belief that he has an affinity for West Virginia coal.

COSTELLO: Chris Stirewalt, political editor from the "Charleston Daily Mail," thank you for joining DAYBREAK this morning.

To learn more about the politics of your home state, go to CNN.com. You can look up your state's presidential voting history and learn more about who is running in the major races this year. CNN.com.

Interesting news on the legal scene this week next, after 40 minutes past the hour, analysis on Amber Frey's testimony in the Scott Peterson trial. And a look at why prosecutors in the Kobe Bryant case may be trying to have a gag order lifted.

But first, here's a look at what else is making news this Friday.

(COMMERCIAL BREAK)

COSTELLO: On to legal matters now.

Jurors hear more recorded phone calls between Scott Peterson and his then-mistress, Amber Frey. Plus, interesting developments in the Kobe Bryant case; this time aimed at the judge.

It's time for some "Coffey Talk" now. Our favorite legal analyst, Kendall Coffey, joins us live from New York.

Hello -- Kendall.

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

COSTELLO: Let's start with the Scott Peterson case. These phone conversations were played again in court, and this time Scott Peterson appeared -- well, he sounded rather tearful at times.

COFFEY: Well, that's right. And while the prosecution is setting an Olympic record for how many times can you prove that the defendant is a liar, when it comes to what the jury is really interested in at this point, what's the evidence with respect to murder, they don't have anything very compelling so far. And, in fact, he sounded rather upset and concerned and worried about Laci Peterson in the latest of the recordings that they played yesterday.

COSTELLO: Yes, you have to be wondering what the police were trying to prove and why they wanted this part of the tape entered into court, because he specifically said he had nothing to do with her disappearance.

COFFEY: That's right. And apparently he said it pretty convincingly. The only thing you can assume, Carol, is they knew that if they didn't play it the defense was going to play it. So they probably thought it would be easier to deal with if they put it forward in their own presentation.

COSTELLO: So is this working for them, working for the prosecution?

COFFEY: I don't think it's working enough. I mean, they got a few points in there. Certainly Scott Peterson sounded utterly heartless on the night of the vigil calling Amber and talking about his friend in Paris, Francois, very contrite and very detailed.

But it's getting to a point now where the jury has got to be thinking, all right, all right, he's a liar and he's a scoundrel and he's an adulterer. What do you have to show us that prove he's a murderer?

COSTELLO: Yes, so let's get on with it already. But there is going to be more testimony from Amber Frey next week.

Let's talk about the Kobe Bryant case, because this is getting really ugly now.

COFFEY: Well, and certainly it's understandable to reflect on the anguish of a father writing this blistering letter to the judge. It seems like the courthouse is being made the fall guy by the prosecution and by the alleged victim's family.

But the reality is that this case has a very serious problem from the alleged victim's standpoint, and that is the judge ruled that despite the rape shield law, on the merits the defense is entitled to bring out critical elements of sexual history. When it's all said and done, Carol, what I think the finale to this criminal prosecution are the letters DNA -- proof sufficient from a forensics standpoint to convince the judge that he had to allow some elements of the sexual history to be heard by the jury.

COSTELLO: That's true, Kendall. Or that may or may not be true, depending on your opinion. But shouldn't some blame be pinned on this court for accidentally releasing so much information about this woman?

COFFEY: Absolutely. I mean, it's been one blunder bolt after another shattering her privacy. But the reality is that the judge himself has been pretty even-handed in his rulings. And a lot of the criticism directed toward the judge -- but you understand the frustration and you understand the anguish of a family -- is not fair. In many ways, he's ruled against the defense more than he's ruled for them.

COSTELLO: Well, but I guess the main point that we should be talking about is this gag order, because this woman's attorneys and her family want the gag order lifted so they can come out and defend themselves about this leaked information.

COFFEY: Well, it's understandable, because they believe that the public is hearing only one side of it. They want a chance to respond and refute what is being put out in the public.

What it tells you is that this case is absolutely toast, because when you get to the point where a gag order is being challenged by the alleged victim, then you know that there is just too much that's come out, too many problems. And it's very hard to see this trial going forward at the end of August.

COSTELLO: Kendall Coffey for some "Coffey Talk" this morning, thank you.

COFFEY: Thanks, Carol.

COSTELLO: Your news, money, weather and sports. It is 6:44 Eastern. Here's what's all new this morning. Michael Jackson just might attend an unusual court hearing on Monday in his child molestation case. His defense team has subpoenaed the prosecutor in the case, because they say his investigation violated the attorney-client privilege.

Word out of Iraq's Najaf, a spokesman for the radical Shiite cleric, Muqtada al-Sadr, says the cleric suffered shrapnel wounds during fighting today. The injuries are not life-threatening.

In money news, the bidding may be postponed due to an interview its co-founders gave to "Playboy" magazine. They were not supposed to discuss the initial public offering. Google, the Web's No. 1 search engine, was expected to open the bidding for its IPO this morning. Google plans to now announce the IPO price next week.

In culture, now you can step all over Laverne and Shirley. Actresses Penny Marshall and Cindy Williams are the latest to get stars on the Hollywood Walk of Fame.

And in sports, it was a stunner at the games in Athens. Get this: Iraq's soccer team scored an unlikely 4-2 win over heavily- favored Portugal in a preliminary match. Congrats to them.

(WEATHER BREAK)

COSTELLO: This weekend looks like the big screen has something for everyone: science lovers, teenage girls, even those who love a little drama on the high seas. The preview of what's happening at the box office. We'll have that for you in 10 minutes.

This is DAYBREAK.

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COSTELLO: Let the games begin. The opening ceremonies get off today, marking the official start of the 28th Olympiad.

And CNN's Mark McKay joins us live from Athens this morning with a preview.

Good morning.

MARK MCKAY, CNN CORRESPONDENT: Good morning, Carol.

We start this preview with really a headline making a story across here in Athens. In fact, it has all of the makings of a Greek tragedy.

Less than six hours away -- actually about seven hours away from the start of the opening ceremony, and Greece is all abuzz over two of their own. The Olympic 200 meter champion Costas Kenteris and the silver medalist from Sydney, Katerina Thanou, both are threatened to be thrown out of the Athens games.

Kenteris and Thanou both failed to show for an IOC drugs tribunal on Friday; this on the heels as to what can only be described as a bizarre Thursday for the pair. They missed mandatory drug tests and were later involved in motorcycle accidents here in the Athens area, both resulting in minor injuries.

Now, International Olympic Committee President Jacques Rogge addressed this headline-making story earlier today here in Athens.

(BEGIN VIDEO CLIP)

JACQUES ROGGE, IOC PRESIDENT: The two athletes have the presumption of innocence until the verdict is rendered. But let me speak in general, and I'm not speaking about these games. I'm speaking in general that the games are much stronger than individuals, and we have had very widely-publicized doping cases before. They have not damaged the quality of the games. I think that any athlete that we can catch, sanction and send out of the Olympic Village for doping, that is a victory for sports.

(END VIDEO CLIP)

MCKAY: Now, Kenteris was said to have a prominent role in tonight's opening ceremonies, perhaps as the athlete who lit the torch in light of this rather shocking news, Carol. That almost certainly will not come to pass now.

COSTELLO: No. Mark McKay live from Athens this morning, thank you.

Today's mug winner will be announced in two minutes, but first this is DAYBREAK for a Friday morning.

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COSTELLO: Well, that's a scary picture there. A husband and a wife are scuba diving in the ocean. They come to the surface and find that the dive boat has left them all alone in open water with, of course, sharks. That's the plot of one of the weekend movies we'll take a look at this morning.

Tom O'Neil, editor of "In Touch Weekly" joins us live from New York with details.

That looks like a good movie.

TOM O'NEIL, "IN TOUCH" MAGAZINE: It really is, Carol. And it's certainly proof that you don't need big special effects to make a movie work this way. This film was done with a handheld digital camera. And what makes it so extraordinary is those are real sharks going around them. There is just some thin metal mesh between those actors and those sharks. And what makes the movie so delightful is that they concentrate on the couple, who devour each other while the sharks are looking at them.

COSTELLO: What do you mean, "devour each other?" What?

O'NEIL: Well, it's wonderful. You see this marriage disintegrate while, you know, they blame each other for having been left behind. And she forgives him for watching shark week on TV. And it's really a terrific movie.

COSTELLO: Oh, that looks awesome.

Let's move on to the "Princess Diaries," because this looks truly gag-inducing.

O'NEIL: Not to little girls. This was a surprise hit in 2001 when this teenager from San Francisco discovered she was a secret princess. Well, now she's to become queen. Julie Andrews is stepping down, and this Mia has 30 days to find a husband.

What makes this movie so extraordinary, Carol, is for the first time since her botched operation Julie Andrews sings.

COSTELLO: Oh!

O'NEIL: Isn't that wonderful? She doesn't do it with "Raven," and she kind of has to walk through it because her pipes aren't fully back yet. But 40 years after "The Sound of Music," that queen is back on her throne.

COSTELLO: Oh, well that is not gag-inducing. That's a great reason to see the movie. You know, I guess I just get tired of movies that portray young women always having to get married to find happiness. Don't get me wrong, I love marriage and everything. But it's just sort of a standard tale. She doesn't really have a personality in the movie. There is no spunk to her. She just is kind of bland.

O'NEIL: You're right. But the ending of this movie redeems the point that you're making, and I can't tell you what that is.

COSTELLO: OK.

O'NEIL: But you're right on.

COSTELLO: Maybe I should go -- I don't think so.

"Alien vs. Predator."

O'NEIL: Oh, don't see this. This is -- of course, it's going to be the No. 1 movie this weekend. When Hollywood put Freddie and Jason together, that scared up $30 million. So they had this lame-brain idea to put "Alien" and "Predator" together. That had earned a half a billion dollars, those five movies.

But these are just two life forces, aliens trying to take each over while a bunch of stupid scientists get in the way to investigate. You're like, get out of the way, you're going to be killed! And, of course, they're killed, and you're thrilled.

COSTELLO: Oh, geez! Well, that sounds like a terrific film.

O'NEIL: Oh, I love horror movies and I loved the "Alien" movies. So I was very disappointed in this. The special effects are even lousy. They forgot everything, including a plot. COSTELLO: Oh! So "Open Water" is the film to see, and then, of course, "The Princess Diaries" if you have a 12-year-old.

O'NEIL: Yes. But the Olympics are on this weekend, so there will be a lot of competition for people's attention.

COSTELLO: Oh, that's true, too.

O'NEIL: And it's Friday the 13th today, so watch out!

COSTELLO: Oh, gosh. Please stop reminding me of that. OK, Tom O'Neil from "In Touch Weekly," thank you for joining DAYBREAK this morning.

It is time to reveal the winner of the DAYBREAK coffee quiz. Thursday we asked: Which presidential candidate won Ohio in the year 2000? The answer: George W. Bush.

And the winner is Joe Dalton of Long Beach, California. Congratulations, Joe. The cup, as they way, is in the mail.

From the CNN global headquarters in Atlanta, I'm Carol Costello along with Chad Myers and Rob Marciano this morning. "AMERICAN MORNING" starts right now.

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