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CNN Live At Daybreak
Latest Violence in Iraq; Discussing Latest Developments in Scott Peterson Case
Aired August 17, 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: A bomb goes off in Baghdad, exploding near a crowded market. These pictures new to CNN this morning.
It is Tuesday, August 17.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, at least five are dead in Baghdad after a mortar exploded in the center of the city. The roadside blast gutted cars, burned storefronts and left smoldering debris on the states. A government official thinks the mortar was targeting a nearby police station, but missed its mark.
Also in Iraq, the vexing problem of how to end the deadly fighting in Najaf. That's the focus of the Iraqi National Congress today. A group from that conference is supposed to be heading to Najaf to meet with Muqtada al-Sadr. Security still an issue, though.
Creating a new cabinet level national intelligence director. Defense Secretary Donald Rumsfeld will tell a Senate panel today if he thinks that's a good idea. The 9/11 Commission is calling for that past.
And at least 19 are dead and 760,000 still in the dark in Florida after hurricane Charley. No running water, no phones. That's what people are facing as they try to clean up today -- Chad.
CHAD MYERS, CNN CORRESPONDENT: And another hot day, Carol.
(WEATHER REPORT)
COSTELLO: There has been sporadic gunfire and mortar attacks in Najaf today. It comes as an Iraqi delegation plans a trip to try to end the uprising by a militia loyal to radical Shiite cleric Muqtada al-Sadr.
Skip Loescher is following this from Washington.
He joins us live this morning -- good morning, Skip.
SKIP LOESCHER, CNN CORRESPONDENT: Good morning to you, Carol. Violence continuing to take a toll in Iraq, both in Najaf and in Baghdad.
(BEGIN VIDEO TAPE)
LOESCHER (voice-over): An explosion ripped through a street in central Baghdad today. Officials say the area was crowded with midday shoppers. At least four people were killed and a couple of dozen injured.
The road between Baghdad and Najaf is dangerous enough that a delegation hoping to negotiate an end to the violence in Najaf has delayed its trip. The delegation of Iraqi political and religious leaders was picked by the Iraqi National Conference. Its job? To go to Najaf to convince radical cleric Muqtada al-Sadr to order his militia to stop fighting, give up their guns and get out of the mosque in which they've been holed up. If he refuses, Iraqi officials say their forces may drive him out.
UNIDENTIFIED MALE: There can be no militias outside the rule of law. The rule of law must be maintained.
LOESCHER: U.S. officials say armed forces will not enter the mosque, but will keep trying to push insurgents out of a nearby ancient cemetery.
In Ohio, President Bush announced plans to bring home tens of thousands of troops now based in Europe and Asia.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We will deploy a more agile and more flexible force, which means that more of our troops will be stationed and deployed from here at home.
LOESCHER: Not all agree.
WESLEY CLARK: It's a move that doesn't make any sense militarily because they're just as flexible where they are in Germany.
(END VIDEO TAPE)
LOESCHER: Officials say the redeployment process could take as many as 10 years to complete.
We're live in Washington.
I'm Skip Loescher.
Carol -- back to you.
COSTELLO: Thank you, Skip.
Four hours from now, a U.S. House committee hears more testimony on the 9/11 Commission recommendations. The chairman and the vice chairman of the commission told a congressional hearing there are still gaps in aviation security. They say U.S. airlines continue to check passengers against incomplete and abbreviated lists of suspected terrorists.
Thomas Kean and Lee Hamilton testified today before the Select Homeland Security Committee. Also, just about four hours from now, Defense Secretary Donald Rumsfeld talks about the commission's recommendations at a hearing before the Senate Armed Services Committee. The acting CIA director and the chairman of the joint chiefs of staff also scheduled to appear.
In other stories across America this Tuesday, remembering 9/11 in silence. New York Governor George Pataki wants a statewide moment of silence on the third anniversary of the attacks. The moment of silence will mark the exact time when the first plane slammed into the World Trade Center. Bells will ring later and relatives of victims will read out the names of their lost loved ones.
In California today, Michael Jackson's lawyer is pushing on with his effort to block some evidence. The defense says prosecutors improperly obtained the evidence while pursuing the child molestation case against the pop star. Fans cheered when Jackson showed up in court on Monday. He is not expected in court today.
In Colorado, a victory for the defense in the Kobe Bryant sexual assault case. Prosecutors have lost a bid to keep details of the alleged victim's sex life out of court. Despite the setback, prosecutors still plan to put Bryant on trial later this morning.
And another trial making headlines, Scott Peterson's murder case in California. Taped phone calls show Peterson's one time mistress, Amber Frey, had her suspicions about him when it came to the disappearance of his wife.
Here's part of the tape that was played for the jury.
(BEGIN AUDIO CLIP)
AMBER FREY: You know, Scott, when people find out -- and they will -- no one will think your behavior is innocent. Do you understand that?
SCOTT PETERSON: Yes, I know that. But I had nothing to do with it, so, you know, once we find her, everyone will know that I was not involved in this.
(END AUDIO CLIP)
COSTELLO: So, let's head live to New York for some "Coffey Talk" now.
Legal analyst Kendall Coffey -- good morning to you.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Let's start with the Peterson case. More tapes recorded by former mistress Amber Frey.
We want to play another tape that the jury heard. Let's listen.
(BEGIN AUDIO CLIP)
AMBER FREY: And I have this, this fear inside my heart that you had something to do with this and that you may have possibly and potentially have killed your wife.
SCOTT PETERSON: No, you don't need to have that fear. You know me well enough.
FREY: What was that?
PETERSON: I am not an evil guy.
(END AUDIO CLIP)
COSTELLO: All right, so these tapes are continuing to be played before the jury.
Are they getting a little tired of them or do they remain an effective tool for the prosecution?
COFFEY: Well, they're probably getting a little bit day by day. But it's got to be like enough already for at least some of the jurors. There was some really fascinating stuff last week, you remember, Carol. For example, the New Year's Eve, they're doing the vigil for Laci Peterson. Scott allegedly calls from Paris, all that kind of strange, heartless, devious stuff.
But at this point, it's getting to be duplicative. So it's not clear at this point whether Scott Peterson is getting fried or the jury is getting bored.
COSTELLO: It still doesn't prove he's a murderer, though, does it?
COFFEY: Not at all. And that's a big leap that in the Amber Frey tapes, they're getting closer to some theory of murder, but they still haven't got anything direct. And so many times throughout these tapes Scott Peterson denies any wrongdoing. In other words, rather than get something directly incriminating, he's getting all kinds of opportunities to be heard by the jury without taking the stand, denying that he had anything to do with the disappearance of his wife and unborn son.
COSTELLO: Cross-examination will begin some time this week.
What can we expect?
COFFEY: Well, I still think it's got to be a big question for the defense as to how aggressively do you go after Amber Frey? No matter what they do to discredit her, the tapes are the tapes. They can't discredit the sound of Scott Peterson's own voice. So I say rather than try to vaporize her, minimize her, point out that this was a four date relationship, that this is a woman that had no direct knowledge of anything that could have put Scott Peterson behind bars. And leave it at that.
COSTELLO: OK, let's move on to the Jackson case. LaToya, Janet, Joe, Catherine, Randy, Jermaine, Jackie and Michael all arrived at court by bus, most of them all dressed in white. And they had these big sunglasses on. This was supposed to signify justice. Is this helpful, Kendall?
COFFEY: Well, I don't think it's helpful to the local community. But how could all the Jacksons resist the chance to see the prosecutor himself going on the stand to be questioned by Jackson's lawyer? The issue was whether or not a product of a search warrant can be thrown out. And the defense is attacking the prosecution as having undertaken that search with bad faith awareness that the investigator had an attorney-client relationship with Jackson's counsel.
COSTELLO: This is kind of complicated for people to understand. So the point is, is that Tom Sneddon ordered that this private investigator's office be searched because he thought the private investigator was directly employed by Michael Jackson. Instead, he was employed by Michael Jackson's attorney, and that would violate the attorney-client privilege.
Do I have it right?
COFFEY: That's it in a nutshell. And certainly anything that's attorney-client is going to be excluded from the search and is going to be returned to the investigator.
But the key thing is did he know going in that this was almost assuredly attorney-client stuff? Because if he did, that could show the kind of bad faith. It might give the defense an argument to throw out everything in the search, not just the attorney-client materials, but some of the tapes and other materials that the defense appears to be concerned about.
COSTELLO: Want to guess at an outcome?
COFFEY: Outcome is denied.
COSTELLO: All right, Kendall Coffey live from New York.
Thank you very much.
COFFEY: OK, Carol.
COSTELLO: Downloading music will cost you, but one company thinks they can get you to their Web site for a pretty good deal. We'll explain in four minutes.
At half past the hour, we'll see what the presidential candidates are up to and see where they stand in the latest polls.
And later, the queen of talk a juror in a murder trial? We'll have that story at 45 minutes past the hour.
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: Will there be a repeat on Wall Street? Falling oil prices and stocks at bargain prices put investors in quite the buying mood.
Let's have a look at how the markets ended. The Dow gained 129 points. That sounds a lot better, doesn't it?
The Nasdaq moved up 25 1/2 points.
And the S&P 500 gained 14 1/2 points.
But the markets have a long way to go to catch up.
Time for a little more business buzz.
There's a big sale on music downloads.
Carrie Lee tells you where to click.
She's live at the Nasdaq market site -- good morning, Carrie.
CARRIE LEE, CNN CORRESPONDENT: Hi, Carol.
$0.49 a song. Sound like a good deal? Well, it is. This is a temporary offer RealNetworks is launching starting today. There's a big ad campaign to go with it, as well, called Freedom of Choice. This is a temporary discount, making songs $0.49, most albums about $5. And it comes at the same time as the fall launch of the new version of RealNetworks software. And this is key because the software makes songs purchased from Real's music store playable on Apple iPods. So big competition here heating up in the downloading music space.
Now, they launched a test version of this back in July. And at that time, Apple said it was investigating the legal implications. So we'll see if Apple comes to its own defense on this front.
But temporarily RealNetworks offering $0.49 a song compared to Apple and most others, $0.99. So things heating up in this space, Carol. Good news for consumers.
COSTELLO: Absolutely.
Carrie Lee live from the NASDAQ market site.
Your news, money, weather and sports.
It is 6:14 Eastern.
Here's what's all new this morning.
A mortar exploded in central Baghdad a little more than two hours ago. It killed five people and wounded 23 others. An Iraqi officer said it appears a police station was the target but the attackers missed.
Illinois is creating a computer online network of pharmacies so people can buy certain cheaper prescription drugs from Canada, Ireland and the U.K. The governor of Illinois makes the announcement six hours from now.
In money news, federal regulators have opened an inquiry into Google's failure to register 28 million shares and options given employees and consultants. Still, initial public trading of the computer search engine's stock could begin tomorrow.
In culture, Oscar nominated actress Diane Lane and actor Josh Brolin are married. They got hitched Sunday at Brolin's 97-acre ranch in St. Luis Obispo, California. Ironically, Lane was nominated for best actress in "Unfaithful," a drama about adultery.
In sports, the Atlanta Braves' Chipper Jones goes deep. There it goes! He got his 300th home run in a 5-4 win over the San Diego Padres. Jones becomes the fourth Brave to hit least 300 homers.
He's hot -- Chad.
MYERS: The Braves are hot.
COSTELLO: Yes.
MYERS: And they traded all their good guys, supposedly. There you go. It doesn't take too many.
(WEATHER REPORT)
COSTELLO: Thank you, Chad.
The long road to recovery has begun in south Florida.
Just ahead, the efforts under way to get towns like Punta Gorda back to normal.
Plus, we'll talk to an insurance agent about how you can prepare for a disaster before it strikes.
(COMMERCIAL BREAK)
COSTELLO: Hurricane Charley has caused a flood of another kind in Florida -- a flood of insurance claims.
CNN's Bruce Burkhardt has the story of one insurance agent who has a lot of work ahead of him.
(BEGIN VIDEO TAPE)
BRUCE BURKHARDT, CNN CORRESPONDENT (voice-over): The day after, 10:30 in the morning, and Jim Rainer (ph), the State Farm agent in Lake Wales, Florida has already received 50 to 60 claims.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) repairs. UNIDENTIFIED MALE: Yeah. Temporary repairs.
UNIDENTIFIED MALE: Yeah, to keep it from getting any worse, you know. Like put a tarp over the roof.
BURKHARDT: There would be a lot more claims if the phones were working. Not only does Jim have to tend to others, he's got his own problems.
(on camera): You got hit hard.
UNIDENTIFIED MALE: Yeah, pretty hard. Kind of unexpected.
We lost part of our roof over here.
BURKHARDT: You got a sunroof.
UNIDENTIFIED MALE: Yeah, we got a sunroof, yeah.
BURKHARDT: In a situation like this, whose problems -- do you take care of this problem first or other people's?
UNIDENTIFIED MALE: Well, a little bit of this, but mostly other people's, because, you know, other people haven't got any place to live. This is just where I work.
BURKHARDT (voice-over): Though the coast was hit much worse than this, no one around here expected this much damage this far inland, about 80 miles from where Charley came ashore.
UNIDENTIFIED MALE: That's the dry cleaners there.
BURKHARDT: Soon, a national catastrophe team will arrive to settle claims. In the meantime, Jim's job is first aid, to people like the Garfields (ph), whose home is unlivable.
UNIDENTIFIED MALE: If it rains, it could rain -- it could come in everywhere in the house. So you might want to take all your bedding off the bed and put everything away, you know, in a plastic bag.
BURKHARDT: When it's all over, billions will be paid out in claims, but it starts with just enough money to find temporary housing.
UNIDENTIFIED MALE: $500 will be enough to start?
UNIDENTIFIED MALE: Oh, yeah.
UNIDENTIFIED MALE: Yeah. Like I said, just hang on to all your receipts.
BURKHARDT: At the home of another policy holder, insult added to injury. Yet more rain had poured in through the damaged roof.
UNIDENTIFIED MALE: Those big concrete ones?
UNIDENTIFIED FEMALE: Yes?
UNIDENTIFIED MALE: Those big concrete ones are all laying over on 27th (ph).
UNIDENTIFIED FEMALE: Oh, man.
BURKHARDT: It's days like this that an insurance agent earns his keep. In more ways than one.
Bruce Burkhardt, CNN, Lakes Wales, Florida.
(END VIDEO TAPE)
COSTELLO: And when it comes to filing insurance claims, Charley may have left behind a lot of confusion about how to file.
Joining us to clear up some of that confusion is State Farm agent Lisa Dobbs.
Welcome to DAYBREAK.
LISA DOBBS, STATE FARM AGENT: Hi, Carol.
COSTELLO: I'm going to ask a question of Chad first, because he was out there covering hurricane Charley.
Did a lot of the people you spoke to have insurance?
MYERS: Yes. I think most of them did. We had a quote on the air that said only 32,000 out of 150,000 people in that county had flood insurance. Now, that's different from homeowner's insurance.
COSTELLO: And that's where we bring in Lisa Dobbs.
MYERS: Exactly.
COSTELLO: Explain the difference for us.
DOBBS: Well, generally a hurricane is wind-driven. Wind is usually one of the perils listed in a standard homeowner's policy. Flood insurance is a totally separate policy. It's underwritten by the National Flood Insurance Program and most people don't know that their -- that is a different coverage that they have to apply for, and there's a mandatory 30 day wait.
COSTELLO: Oh, you're kidding.
DOBBS: So if they want it now, they need to contact their agent.
COSTELLO: So if people had flood insurance in Florida, they're out of luck because they didn't have the right kind of insurance?
MYERS: Typically you have both.
COSTELLO: Typically.
MYERS: If you're good enough to say I want flood insurance, you probably have a homeowner's policy, right?
DOBBS: Most people know if they're in a flood zone and they will usually be required to have it by the mortgage company.
COSTELLO: Yes. Yes, I know that to be true from buying property in a flood zone. I do.
Give us some tips on what kind of insurance you need to prepare yourself for something like this.
DOBBS: Well, everyone should have a homeowner's policy, a condo unit owner's policy or a renter's policy, even if they don't own a home. It would be a good idea to contact your agent and look into flood insurance. There are preferred rates for those that are not in a standard flood hazard zone. But flood insurance is very important and most people assume that it is part of their homeowner's policy and they need to know that it is not.
COSTELLO: Is there any way you can prepare your home before a disaster strikes?
DOBBS: Oh, sure. The best thing that I think people can do is to gather important documents, put them in a safe deposit box somewhere off site -- appraisals, a home inventory, a videotape of the interior of your home so that you'll know what was damaged if it's blown away, secure outside lawn furniture, things that could become projectiles in the event of an extreme wind.
COSTELLO: And I'm sure that you should put your pharmaceuticals in some kind of safe place.
DOBBS: Right. Of course, take your medications with you. Even make sure that your pets are safe. Find a place for them if they can't evacuate with you.
COSTELLO: I understand.
Chad, when you were out there, when people were surveying the damage to their homes, sometimes their homes were totally destroyed.
MYERS: Correct.
COSTELLO: I mean was it difficult for them to know where to go and what to do first? Were they trying to call their insurance agency, you know, on their cell phones?
MYERS: There was no cell tower available. There was nothing -- they were absolutely cut off. They were trying to get into their cars. Most of them severely damaged cars, as well. You see cars without windshields, but they were driving around, trying to get someplace, something.
And my question, and I couldn't get it answered down there, if you have renters' insurance, do you also -- does that also come with a flood policy?
DOBBS: No.
MYERS: Of if you're a renter, you still have to call the flood people to get a flood policy?
DOBBS: Right. Most agents sell flood insurance. So they can still call their agent whether they're renters or not. It's just written through a national flood program.
MYERS: OK.
DOBBS: So agents are just servicers of that policy.
MYERS: See, I thought if you're going to damage the home in a flood, that's fine. But a renter only has contents, so he's only worried about the flooding of the contents, right? And if it's not kept -- that was a wind storm though.
I'll tell you what, you're not going to get a lot of insurance agents to come in here and say I'm not paying for that because that's a flood, because 99 point something percent of that damage was wind damage caused by 145 mile per hour winds.
COSTELLO: Yes, definitely. Definitely.
DOBBS: Right.
COSTELLO: And a final question for you, Lisa.
If you're out in Florida and you're surveying the damage, who should you contact first, FEMA? Or should it be your insurance agent or...
DOBBS: You should contact your insurance agent because it will probably be a lot easier to get in touch with that person. FEMA is out there, I'm sure. But that would be much more difficult to get in touch with FEMA than it would be your own local agent.
COSTELLO: Lisa Dobbs from State Farm, thank you for joining DAYBREAK this morning.
DOBBS: Thank you for having me.
MYERS: Thank you.
COSTELLO: Headlines are coming your way in two minutes.
But first, this is DAYBREAK for a Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: A calm day at a crowded Baghdad market shattered by an explosion.
It is Tuesday, August 17.
This is DAYBREAK. And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, charred storefronts, burned out cars in central Baghdad this morning. About three hours ago, an explosion killed at least five people. The blast happened on a crowded street. Some two dozen are hurt.
More pressure on a radical Iraqi cleric whose militia has been fighting U.S. forces in Najaf. Members of Iraq's National Conference hope to talk with Muqtada al-Sadr soon in an attempt to end the crisis. But security concerns have delayed their trip to Najaf.
Creating a new cabinet level national intelligence director, Defense Secretary Donald Rumsfeld will tell a Senate panel today if he thinks that's a good idea. The 9/11 Commission is calling for the post.
Now to Chad.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: A massive cleanup effort enters its fifth day in hurricane battered areas of Florida. Life is miserable for so many people who are coping with no power and, in many cases, no homes.
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Aired August 17, 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: A bomb goes off in Baghdad, exploding near a crowded market. These pictures new to CNN this morning.
It is Tuesday, August 17.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, at least five are dead in Baghdad after a mortar exploded in the center of the city. The roadside blast gutted cars, burned storefronts and left smoldering debris on the states. A government official thinks the mortar was targeting a nearby police station, but missed its mark.
Also in Iraq, the vexing problem of how to end the deadly fighting in Najaf. That's the focus of the Iraqi National Congress today. A group from that conference is supposed to be heading to Najaf to meet with Muqtada al-Sadr. Security still an issue, though.
Creating a new cabinet level national intelligence director. Defense Secretary Donald Rumsfeld will tell a Senate panel today if he thinks that's a good idea. The 9/11 Commission is calling for that past.
And at least 19 are dead and 760,000 still in the dark in Florida after hurricane Charley. No running water, no phones. That's what people are facing as they try to clean up today -- Chad.
CHAD MYERS, CNN CORRESPONDENT: And another hot day, Carol.
(WEATHER REPORT)
COSTELLO: There has been sporadic gunfire and mortar attacks in Najaf today. It comes as an Iraqi delegation plans a trip to try to end the uprising by a militia loyal to radical Shiite cleric Muqtada al-Sadr.
Skip Loescher is following this from Washington.
He joins us live this morning -- good morning, Skip.
SKIP LOESCHER, CNN CORRESPONDENT: Good morning to you, Carol. Violence continuing to take a toll in Iraq, both in Najaf and in Baghdad.
(BEGIN VIDEO TAPE)
LOESCHER (voice-over): An explosion ripped through a street in central Baghdad today. Officials say the area was crowded with midday shoppers. At least four people were killed and a couple of dozen injured.
The road between Baghdad and Najaf is dangerous enough that a delegation hoping to negotiate an end to the violence in Najaf has delayed its trip. The delegation of Iraqi political and religious leaders was picked by the Iraqi National Conference. Its job? To go to Najaf to convince radical cleric Muqtada al-Sadr to order his militia to stop fighting, give up their guns and get out of the mosque in which they've been holed up. If he refuses, Iraqi officials say their forces may drive him out.
UNIDENTIFIED MALE: There can be no militias outside the rule of law. The rule of law must be maintained.
LOESCHER: U.S. officials say armed forces will not enter the mosque, but will keep trying to push insurgents out of a nearby ancient cemetery.
In Ohio, President Bush announced plans to bring home tens of thousands of troops now based in Europe and Asia.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: We will deploy a more agile and more flexible force, which means that more of our troops will be stationed and deployed from here at home.
LOESCHER: Not all agree.
WESLEY CLARK: It's a move that doesn't make any sense militarily because they're just as flexible where they are in Germany.
(END VIDEO TAPE)
LOESCHER: Officials say the redeployment process could take as many as 10 years to complete.
We're live in Washington.
I'm Skip Loescher.
Carol -- back to you.
COSTELLO: Thank you, Skip.
Four hours from now, a U.S. House committee hears more testimony on the 9/11 Commission recommendations. The chairman and the vice chairman of the commission told a congressional hearing there are still gaps in aviation security. They say U.S. airlines continue to check passengers against incomplete and abbreviated lists of suspected terrorists.
Thomas Kean and Lee Hamilton testified today before the Select Homeland Security Committee. Also, just about four hours from now, Defense Secretary Donald Rumsfeld talks about the commission's recommendations at a hearing before the Senate Armed Services Committee. The acting CIA director and the chairman of the joint chiefs of staff also scheduled to appear.
In other stories across America this Tuesday, remembering 9/11 in silence. New York Governor George Pataki wants a statewide moment of silence on the third anniversary of the attacks. The moment of silence will mark the exact time when the first plane slammed into the World Trade Center. Bells will ring later and relatives of victims will read out the names of their lost loved ones.
In California today, Michael Jackson's lawyer is pushing on with his effort to block some evidence. The defense says prosecutors improperly obtained the evidence while pursuing the child molestation case against the pop star. Fans cheered when Jackson showed up in court on Monday. He is not expected in court today.
In Colorado, a victory for the defense in the Kobe Bryant sexual assault case. Prosecutors have lost a bid to keep details of the alleged victim's sex life out of court. Despite the setback, prosecutors still plan to put Bryant on trial later this morning.
And another trial making headlines, Scott Peterson's murder case in California. Taped phone calls show Peterson's one time mistress, Amber Frey, had her suspicions about him when it came to the disappearance of his wife.
Here's part of the tape that was played for the jury.
(BEGIN AUDIO CLIP)
AMBER FREY: You know, Scott, when people find out -- and they will -- no one will think your behavior is innocent. Do you understand that?
SCOTT PETERSON: Yes, I know that. But I had nothing to do with it, so, you know, once we find her, everyone will know that I was not involved in this.
(END AUDIO CLIP)
COSTELLO: So, let's head live to New York for some "Coffey Talk" now.
Legal analyst Kendall Coffey -- good morning to you.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.
COSTELLO: Let's start with the Peterson case. More tapes recorded by former mistress Amber Frey.
We want to play another tape that the jury heard. Let's listen.
(BEGIN AUDIO CLIP)
AMBER FREY: And I have this, this fear inside my heart that you had something to do with this and that you may have possibly and potentially have killed your wife.
SCOTT PETERSON: No, you don't need to have that fear. You know me well enough.
FREY: What was that?
PETERSON: I am not an evil guy.
(END AUDIO CLIP)
COSTELLO: All right, so these tapes are continuing to be played before the jury.
Are they getting a little tired of them or do they remain an effective tool for the prosecution?
COFFEY: Well, they're probably getting a little bit day by day. But it's got to be like enough already for at least some of the jurors. There was some really fascinating stuff last week, you remember, Carol. For example, the New Year's Eve, they're doing the vigil for Laci Peterson. Scott allegedly calls from Paris, all that kind of strange, heartless, devious stuff.
But at this point, it's getting to be duplicative. So it's not clear at this point whether Scott Peterson is getting fried or the jury is getting bored.
COSTELLO: It still doesn't prove he's a murderer, though, does it?
COFFEY: Not at all. And that's a big leap that in the Amber Frey tapes, they're getting closer to some theory of murder, but they still haven't got anything direct. And so many times throughout these tapes Scott Peterson denies any wrongdoing. In other words, rather than get something directly incriminating, he's getting all kinds of opportunities to be heard by the jury without taking the stand, denying that he had anything to do with the disappearance of his wife and unborn son.
COSTELLO: Cross-examination will begin some time this week.
What can we expect?
COFFEY: Well, I still think it's got to be a big question for the defense as to how aggressively do you go after Amber Frey? No matter what they do to discredit her, the tapes are the tapes. They can't discredit the sound of Scott Peterson's own voice. So I say rather than try to vaporize her, minimize her, point out that this was a four date relationship, that this is a woman that had no direct knowledge of anything that could have put Scott Peterson behind bars. And leave it at that.
COSTELLO: OK, let's move on to the Jackson case. LaToya, Janet, Joe, Catherine, Randy, Jermaine, Jackie and Michael all arrived at court by bus, most of them all dressed in white. And they had these big sunglasses on. This was supposed to signify justice. Is this helpful, Kendall?
COFFEY: Well, I don't think it's helpful to the local community. But how could all the Jacksons resist the chance to see the prosecutor himself going on the stand to be questioned by Jackson's lawyer? The issue was whether or not a product of a search warrant can be thrown out. And the defense is attacking the prosecution as having undertaken that search with bad faith awareness that the investigator had an attorney-client relationship with Jackson's counsel.
COSTELLO: This is kind of complicated for people to understand. So the point is, is that Tom Sneddon ordered that this private investigator's office be searched because he thought the private investigator was directly employed by Michael Jackson. Instead, he was employed by Michael Jackson's attorney, and that would violate the attorney-client privilege.
Do I have it right?
COFFEY: That's it in a nutshell. And certainly anything that's attorney-client is going to be excluded from the search and is going to be returned to the investigator.
But the key thing is did he know going in that this was almost assuredly attorney-client stuff? Because if he did, that could show the kind of bad faith. It might give the defense an argument to throw out everything in the search, not just the attorney-client materials, but some of the tapes and other materials that the defense appears to be concerned about.
COSTELLO: Want to guess at an outcome?
COFFEY: Outcome is denied.
COSTELLO: All right, Kendall Coffey live from New York.
Thank you very much.
COFFEY: OK, Carol.
COSTELLO: Downloading music will cost you, but one company thinks they can get you to their Web site for a pretty good deal. We'll explain in four minutes.
At half past the hour, we'll see what the presidential candidates are up to and see where they stand in the latest polls.
And later, the queen of talk a juror in a murder trial? We'll have that story at 45 minutes past the hour.
But first, here's a look at what else is making news this Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: Will there be a repeat on Wall Street? Falling oil prices and stocks at bargain prices put investors in quite the buying mood.
Let's have a look at how the markets ended. The Dow gained 129 points. That sounds a lot better, doesn't it?
The Nasdaq moved up 25 1/2 points.
And the S&P 500 gained 14 1/2 points.
But the markets have a long way to go to catch up.
Time for a little more business buzz.
There's a big sale on music downloads.
Carrie Lee tells you where to click.
She's live at the Nasdaq market site -- good morning, Carrie.
CARRIE LEE, CNN CORRESPONDENT: Hi, Carol.
$0.49 a song. Sound like a good deal? Well, it is. This is a temporary offer RealNetworks is launching starting today. There's a big ad campaign to go with it, as well, called Freedom of Choice. This is a temporary discount, making songs $0.49, most albums about $5. And it comes at the same time as the fall launch of the new version of RealNetworks software. And this is key because the software makes songs purchased from Real's music store playable on Apple iPods. So big competition here heating up in the downloading music space.
Now, they launched a test version of this back in July. And at that time, Apple said it was investigating the legal implications. So we'll see if Apple comes to its own defense on this front.
But temporarily RealNetworks offering $0.49 a song compared to Apple and most others, $0.99. So things heating up in this space, Carol. Good news for consumers.
COSTELLO: Absolutely.
Carrie Lee live from the NASDAQ market site.
Your news, money, weather and sports.
It is 6:14 Eastern.
Here's what's all new this morning.
A mortar exploded in central Baghdad a little more than two hours ago. It killed five people and wounded 23 others. An Iraqi officer said it appears a police station was the target but the attackers missed.
Illinois is creating a computer online network of pharmacies so people can buy certain cheaper prescription drugs from Canada, Ireland and the U.K. The governor of Illinois makes the announcement six hours from now.
In money news, federal regulators have opened an inquiry into Google's failure to register 28 million shares and options given employees and consultants. Still, initial public trading of the computer search engine's stock could begin tomorrow.
In culture, Oscar nominated actress Diane Lane and actor Josh Brolin are married. They got hitched Sunday at Brolin's 97-acre ranch in St. Luis Obispo, California. Ironically, Lane was nominated for best actress in "Unfaithful," a drama about adultery.
In sports, the Atlanta Braves' Chipper Jones goes deep. There it goes! He got his 300th home run in a 5-4 win over the San Diego Padres. Jones becomes the fourth Brave to hit least 300 homers.
He's hot -- Chad.
MYERS: The Braves are hot.
COSTELLO: Yes.
MYERS: And they traded all their good guys, supposedly. There you go. It doesn't take too many.
(WEATHER REPORT)
COSTELLO: Thank you, Chad.
The long road to recovery has begun in south Florida.
Just ahead, the efforts under way to get towns like Punta Gorda back to normal.
Plus, we'll talk to an insurance agent about how you can prepare for a disaster before it strikes.
(COMMERCIAL BREAK)
COSTELLO: Hurricane Charley has caused a flood of another kind in Florida -- a flood of insurance claims.
CNN's Bruce Burkhardt has the story of one insurance agent who has a lot of work ahead of him.
(BEGIN VIDEO TAPE)
BRUCE BURKHARDT, CNN CORRESPONDENT (voice-over): The day after, 10:30 in the morning, and Jim Rainer (ph), the State Farm agent in Lake Wales, Florida has already received 50 to 60 claims.
UNIDENTIFIED FEMALE: (UNINTELLIGIBLE) repairs. UNIDENTIFIED MALE: Yeah. Temporary repairs.
UNIDENTIFIED MALE: Yeah, to keep it from getting any worse, you know. Like put a tarp over the roof.
BURKHARDT: There would be a lot more claims if the phones were working. Not only does Jim have to tend to others, he's got his own problems.
(on camera): You got hit hard.
UNIDENTIFIED MALE: Yeah, pretty hard. Kind of unexpected.
We lost part of our roof over here.
BURKHARDT: You got a sunroof.
UNIDENTIFIED MALE: Yeah, we got a sunroof, yeah.
BURKHARDT: In a situation like this, whose problems -- do you take care of this problem first or other people's?
UNIDENTIFIED MALE: Well, a little bit of this, but mostly other people's, because, you know, other people haven't got any place to live. This is just where I work.
BURKHARDT (voice-over): Though the coast was hit much worse than this, no one around here expected this much damage this far inland, about 80 miles from where Charley came ashore.
UNIDENTIFIED MALE: That's the dry cleaners there.
BURKHARDT: Soon, a national catastrophe team will arrive to settle claims. In the meantime, Jim's job is first aid, to people like the Garfields (ph), whose home is unlivable.
UNIDENTIFIED MALE: If it rains, it could rain -- it could come in everywhere in the house. So you might want to take all your bedding off the bed and put everything away, you know, in a plastic bag.
BURKHARDT: When it's all over, billions will be paid out in claims, but it starts with just enough money to find temporary housing.
UNIDENTIFIED MALE: $500 will be enough to start?
UNIDENTIFIED MALE: Oh, yeah.
UNIDENTIFIED MALE: Yeah. Like I said, just hang on to all your receipts.
BURKHARDT: At the home of another policy holder, insult added to injury. Yet more rain had poured in through the damaged roof.
UNIDENTIFIED MALE: Those big concrete ones?
UNIDENTIFIED FEMALE: Yes?
UNIDENTIFIED MALE: Those big concrete ones are all laying over on 27th (ph).
UNIDENTIFIED FEMALE: Oh, man.
BURKHARDT: It's days like this that an insurance agent earns his keep. In more ways than one.
Bruce Burkhardt, CNN, Lakes Wales, Florida.
(END VIDEO TAPE)
COSTELLO: And when it comes to filing insurance claims, Charley may have left behind a lot of confusion about how to file.
Joining us to clear up some of that confusion is State Farm agent Lisa Dobbs.
Welcome to DAYBREAK.
LISA DOBBS, STATE FARM AGENT: Hi, Carol.
COSTELLO: I'm going to ask a question of Chad first, because he was out there covering hurricane Charley.
Did a lot of the people you spoke to have insurance?
MYERS: Yes. I think most of them did. We had a quote on the air that said only 32,000 out of 150,000 people in that county had flood insurance. Now, that's different from homeowner's insurance.
COSTELLO: And that's where we bring in Lisa Dobbs.
MYERS: Exactly.
COSTELLO: Explain the difference for us.
DOBBS: Well, generally a hurricane is wind-driven. Wind is usually one of the perils listed in a standard homeowner's policy. Flood insurance is a totally separate policy. It's underwritten by the National Flood Insurance Program and most people don't know that their -- that is a different coverage that they have to apply for, and there's a mandatory 30 day wait.
COSTELLO: Oh, you're kidding.
DOBBS: So if they want it now, they need to contact their agent.
COSTELLO: So if people had flood insurance in Florida, they're out of luck because they didn't have the right kind of insurance?
MYERS: Typically you have both.
COSTELLO: Typically.
MYERS: If you're good enough to say I want flood insurance, you probably have a homeowner's policy, right?
DOBBS: Most people know if they're in a flood zone and they will usually be required to have it by the mortgage company.
COSTELLO: Yes. Yes, I know that to be true from buying property in a flood zone. I do.
Give us some tips on what kind of insurance you need to prepare yourself for something like this.
DOBBS: Well, everyone should have a homeowner's policy, a condo unit owner's policy or a renter's policy, even if they don't own a home. It would be a good idea to contact your agent and look into flood insurance. There are preferred rates for those that are not in a standard flood hazard zone. But flood insurance is very important and most people assume that it is part of their homeowner's policy and they need to know that it is not.
COSTELLO: Is there any way you can prepare your home before a disaster strikes?
DOBBS: Oh, sure. The best thing that I think people can do is to gather important documents, put them in a safe deposit box somewhere off site -- appraisals, a home inventory, a videotape of the interior of your home so that you'll know what was damaged if it's blown away, secure outside lawn furniture, things that could become projectiles in the event of an extreme wind.
COSTELLO: And I'm sure that you should put your pharmaceuticals in some kind of safe place.
DOBBS: Right. Of course, take your medications with you. Even make sure that your pets are safe. Find a place for them if they can't evacuate with you.
COSTELLO: I understand.
Chad, when you were out there, when people were surveying the damage to their homes, sometimes their homes were totally destroyed.
MYERS: Correct.
COSTELLO: I mean was it difficult for them to know where to go and what to do first? Were they trying to call their insurance agency, you know, on their cell phones?
MYERS: There was no cell tower available. There was nothing -- they were absolutely cut off. They were trying to get into their cars. Most of them severely damaged cars, as well. You see cars without windshields, but they were driving around, trying to get someplace, something.
And my question, and I couldn't get it answered down there, if you have renters' insurance, do you also -- does that also come with a flood policy?
DOBBS: No.
MYERS: Of if you're a renter, you still have to call the flood people to get a flood policy?
DOBBS: Right. Most agents sell flood insurance. So they can still call their agent whether they're renters or not. It's just written through a national flood program.
MYERS: OK.
DOBBS: So agents are just servicers of that policy.
MYERS: See, I thought if you're going to damage the home in a flood, that's fine. But a renter only has contents, so he's only worried about the flooding of the contents, right? And if it's not kept -- that was a wind storm though.
I'll tell you what, you're not going to get a lot of insurance agents to come in here and say I'm not paying for that because that's a flood, because 99 point something percent of that damage was wind damage caused by 145 mile per hour winds.
COSTELLO: Yes, definitely. Definitely.
DOBBS: Right.
COSTELLO: And a final question for you, Lisa.
If you're out in Florida and you're surveying the damage, who should you contact first, FEMA? Or should it be your insurance agent or...
DOBBS: You should contact your insurance agent because it will probably be a lot easier to get in touch with that person. FEMA is out there, I'm sure. But that would be much more difficult to get in touch with FEMA than it would be your own local agent.
COSTELLO: Lisa Dobbs from State Farm, thank you for joining DAYBREAK this morning.
DOBBS: Thank you for having me.
MYERS: Thank you.
COSTELLO: Headlines are coming your way in two minutes.
But first, this is DAYBREAK for a Tuesday morning.
(COMMERCIAL BREAK)
COSTELLO: A calm day at a crowded Baghdad market shattered by an explosion.
It is Tuesday, August 17.
This is DAYBREAK. And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, charred storefronts, burned out cars in central Baghdad this morning. About three hours ago, an explosion killed at least five people. The blast happened on a crowded street. Some two dozen are hurt.
More pressure on a radical Iraqi cleric whose militia has been fighting U.S. forces in Najaf. Members of Iraq's National Conference hope to talk with Muqtada al-Sadr soon in an attempt to end the crisis. But security concerns have delayed their trip to Najaf.
Creating a new cabinet level national intelligence director, Defense Secretary Donald Rumsfeld will tell a Senate panel today if he thinks that's a good idea. The 9/11 Commission is calling for the post.
Now to Chad.
MYERS: Good morning, Carol.
(WEATHER REPORT)
COSTELLO: A massive cleanup effort enters its fifth day in hurricane battered areas of Florida. Life is miserable for so many people who are coping with no power and, in many cases, no homes.
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