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American Morning

Cleanup in Arcadia After Hurricane Charley; Michael Jackson Case; Divorce Denied in New York

Aired August 17, 2004 - 07:31   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.


BILL HEMMER, CNN ANCHOR: Welcomes back, everyone. Just past 7:30 here in New York. Heidi Collins along with me, Bill Hemmer. Soledad O'Brien is resting at home.
And we are back in the courtroom in a moment; also back to Florida, too. One small town there coping with the aftermath of Charley. The town is a bit off the beaten path. It could be a while before any outside help arrives. Ed Lavandera is tracking that story. We'll get to Ed live in a moment there in southwest Florida.

HEIDI COLLINS, CNN ANCHOR: Also, a woman tries to get a divorce because her husband admitted cheating on her. But the judge won't let her, because he says adultery isn't reason enough. We'll talk to a divorce lawyer who says justice was not served here.

HEMMER: All right. Let's get back to Florida right now and the aftermath of Charley. Rescue efforts in the areas hardest hit by the storm have come to an end. But the recovery work now is just beginning.

The latest numbers that we have on Charley, 19 deaths now linked to that storm. The latest damage estimate puts it at $11 billion. Nearly 900,000 people were said to be without power late last night. About 2,300 are still in shelters. Eleven thousand have applied for disaster aid. And the state has requested housing for 10,000, all in southwestern, Florida.

In Punta Gorda, which took a direct hit from that storm late on Friday, search and rescue efforts have come to and end there.

And Ed Lavandera is live this morning, taking us through yet another tough story for the people there.

Ed -- good morning.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Bill.

Well, you know, towns like Punta Gorda along the coastline here in southwest Florida have been getting most of the attention in the days since Hurricane Charley battered the coastline here. But, you know, it's not just the coastal communities that took a beating. There are towns inland that are also suffering.

(BEGIN VIDEOTAPE)

(BEGIN VIDEOTAPE) LAVANDERA (voice over): Take Highway 17 east away from Florida's Gulf Coast and planted among the orange groves you'll drive into the working-class town of Arcadia. It's 30 miles from the seafront towns that have been getting all of the attention in the wake of Hurricane Charley. But to people here, it might as well be a million miles away.

JANET WYATT, ARCADIA RESIDENT: The fact of life is, Arcadia in Desoto County is a backwater, and it doesn't matter who is hardest hit. We're going to get power well after the coastal towns. You know that when you move here.

LAVANDERA: Arcadia is a town of about 7,000 people, but also home to thousands of migrant workers who live off the seasonal citrus industry.

REV. GREG FRY, ST. EDMUNDS EPISCOPAL CHURCH: Everybody here in Arcadia who really make a living from hand-to-mouth, they're going to be hurting for a long time. And they're not going to get the attention that some of the other places will be getting.

LAVANDERA: That's why Janet Wyatt takes care of those around her, covering a window for an elderly man who struggles to take care of himself. And it's why Reverend Greg Fry wants to get the roof that was ripped off his church repaired quickly. He thinks it will give people around here something to smile about.

FRY: At this point in time, the reality if it, the shock of it hasn't worn off yet. We still have folks literally walking around in a daze. I pulled on it, and it actually rang.

LAVANDERA: The bell in Saint Edmonds Episcopal Church still tolls. For a city that feels when it comes to getting through a tragedy, its people can always count on each other to help them make it through.

(END VIDEOTAPE)

Now, we drove through Arcadia yesterday, and you do see crews going through cleaning up the power line situation. Quite honestly, though, you don't see as many as in the towns along the coastline.

And, you know, we did see in some places where power had been restored slightly. But the residents there are explaining kind of it will be interesting to see what kind of attention they get a couple weeks from now once all of the media attention goes away and the real hard-core work of repairing really starts to settle in -- Bill.

HEMMER: Indeed you're right. Ed, thanks. Ed Lavandera live this morning in Florida -- Heidi.

COLLINS: Did the California prosecutor who has been pursuing Michael Jackson for years go too far? The answer could determine whether child molestation charges against Jackson will stick.

In court yesterday, the Jackson family showed their strength in numbers.

Here's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Were they on tour, it might be called the Jackson unity tour. Michael, his sisters, Janet and LaToya, his brothers, Randy, Jermaine and Jackie, all marched into court, all wearing white.

ROBERTA CLARIN, JACKSON FAN: The whole family wore white -- unity, purity, innocence.

MARQUEZ: The show of unity was for the questioning of Santa Barbara County District Attorney Tom Sneddon, the man prosecuting Jackson on charges of child molestation and conspiracy -- charges Jackson has denied.

Steve Corbett, a columnist for "The Santa Maria Times," has reported on Jackson and Sneddon for years.

STEVE CORBETT, "SANTA MONICA TIMES": Sneddon faltered. Sneddon stumbled. Sneddon appeared to be on the defensive.

MARQUEZ: Wearing sunglasses throughout the hearing, the self- proclaimed king of pop stared without emotion at the district attorney as he was questioned by Jackson lawyer Thomas Mesereau. Mesereau worked to establish whether Sneddon knew or should have known that Bradley Miller, a Beverly Hills private investigator, was working for Jackson's former lawyer, Mark Geragos, and not directly for Michael Jackson.

CORBETT: If that can be established, I don't think you need to be an attorney to figure out that that's a big deal.

MARQUEZ: And why a big deal? Because Miller's office, along with Jackson's Neverland Ranch and another address in Los Angeles, was one of the three principal places investigators searched.

CORBETT: Ample evidence was taken into custody. They sledge- hammered the door to obtain it. They wanted it, and they wanted it then and there.

MARQUEZ: If Jackson's legal team can convince the judge that investigators knew or should have known that Miller worked for Geragos, then all the evidence seized from the investigator's office could be covered by attorney-client privilege, never to be seen by a jury.

(on camera): As soon as Tom Sneddon, the district attorney, was done with his testimony, Jackson and his entire family left. This hearing is expected to last all week. And then it will be up to a judge to decide what evidence any eventual jury may hear.

Miguel Marquez, CNN, Santa Maria, California.

(END VIDEOTAPE)

COLLINS: It's 37 minutes past the hour now. It's time for a look at some of today's other news and Carol Costello.

Carol -- good morning.

CAROL COSTELLO, CNN ANCHOR: Good morning, Heidi. Thank you.

In just over two hours, Secretary of Defense Donald Rumsfeld will be on Capitol Hill for continued discussions on the 9/11 report. Yesterday, members of the September 11th commission urged Congress to close the loopholes on security measures for the National Transportation System. Three more Senate meetings are scheduled for today.

New York Governor George Pataki and Mayor Michael Bloomberg are announcing plans for this year's 9/11 commemoration. Victims' parents and grandparents are expected to take center stage for this year's memorial. And the governor is asking for a state-wide moment of silence at 8:46 a.m. on September 11, of course, the exact moment the terrorists launched their attack on the World Trade Center nearly three years ago now.

In Arkansas, a woman is being held on kidnapping charges in connection with a missing girl. Police and residents are searching today for 6-year-old Patricia Ann Miles (ph). The girl's bicycle was found early Monday. Her shoes were found nearby. Officials suspect foul play.

A Minnesota couple returning from a weekend trip came home to a Powerball jackpot worth $99 million. David and Mary Beth Winnall (ph) claimed their prize yesterday, a lump payment of 53 million bucks, 36 million after taxes. Both say early retirement is in their very near future.

Back to New York.

HEMMER: How are they defining very near future, huh?

COSTELLO: It's like tomorrow.

HEMMER: Is that this afternoon maybe? Thank you, Carol. I can't blame them either.

(WEATHER BREAK)

COLLINS: A woman files for divorce after 17 years of marriage when her husbands admits having an affair. A matrimonial slam dunk, right? Well, that's not how a New York judge saw it.

He denied Gail Oscan's (ph) request, saying the resumption of their sexual relationship after adultery was known implies forgiveness.

Joining us now to talk more about this bizarre case and the potential legal fallout, divorce attorney Raoul Felder. Good morning to you.

RAOUL FELDER, DIVORCE LAWYER: Good morning, Heidi.

COLLINS: Thanks for being here. Your reaction to this case, you say this is not the first time that this has happened.

Oh, yes. This happens quite a bit. In fact, we even have a name for it. We call it "holy deadlocked" when this happens. And these people are condemned to lead a very unhappy life until there is a cause of action.

The problem is the law is very strict. Adultery is a sort of sexual crime that can be condoned or forgiven by another sexual act, which is forgiven if they sleep together. It's kind of silly. But the villain here is not the judge. The villain is the law. It has to be changed.

COLLINS: Well, let me read to you exactly what this New York State supreme justice said, Justice William Kent (ph) that is. He says -- quote -- "That Gail Oscan (ph) failed to establish that she suffered any physical or mental debilitation as a result of the alleged affair."

Well, what if she just thought it was over?

FELDER: Well, that isn't good enough in states like New York. And particularly, by the way, when you charge adultery, it's very serious. Adultery in the state of New York and many other states is considered a crime, a class D misdemeanor.

Now, the criminals are all around us right now at the hotels around here practicing their crime. But the costs of crime, it has a different standard of proof, more like the criminal, more like beyond a reasonable doubt, but it's clear and convincing evidence is a standard, not a civil standard. And it's tough to prove. You need corroboration. This man's admission to his wife that he's an adulterer is not corroboration.

COLLINS: So, what sort of implications can it have then as far as burden of proof goes for other cases in the courts?

FELDER: Well, this is not so infrequently. Luckily, the appellate court sometimes allow these divorces to go through. We just had one two months ago. But sometimes the people just stuff it. They go on living miserably until somebody slaps somebody else. You know, the law loves broken fingers, because a broken finger, if you put an X-ray up, it's you know, this is cruel and inhumane treatment.

COLLINS: Well, is there any change to this if children are involved, if the two are obviously not getting along after the alleged affair happens?

FELDER: No. As a matter of fact, you know, our highest court, Jackie Gleason's case, said bickering, malcontent, unhappiness is not grounds for divorce. You're like everybody else in these big states. The law has to be changed.

Funnily enough, women's groups are against changing the law, because they feel that husbands would just be able to dump wives at will. And there are other problems.

COLLINS: This woman does plan to appeal the decision. If she were your client, how would you advise her?

FELDER: She could appeal. She ought to -- because they may be flexible. She could move to another state, where they have more felicitous laws. Or she could pray an awful lot.

COLLINS: So, could she move to another state, though, if the divorce had not been granted?

FELDER: Yes, but what happens is you've got to establish residency. So she's stuck for a year or so in some other state before she can get a divorce.

COLLINS: Oh, a tough case.

FELDER: Yes.

COLLINS: Raoul Felder, thanks so much for your time this morning.

FELDER: Thank you.

COLLINS: We appreciate it -- Bill.

HEMMER: All right, Heidi, in a moment here, you might soon be able to buy shares in one of the Internet's biggest companies. Christine Romans explains that, working for Andy again today.

Also, how does Mr. Peanut suit your taste? We'll tell you how you can vote for America's favorite advertising icon in a moment, back here in a moment on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone. It's time to Google Google. The giant search engine may go public as soon as tomorrow.

Christine Romans is working for Andy Serwer.

Good morning to you.

CHRISTINE ROMANS, CNN FINANCIAL NEWS: Good morning.

HEMMER: Finally?

ROMANS: Finally. I feel like...

HEMMER: We've been talking about this for a month, haven't we?

ROMANS: I know. Finally. This time I really mean it. It looks like the final paperwork has been filed, and the SEC is going to give the go ahead.

And Google will be an initial public offering. Nasdaq is where it will trade. GOOG will be the ticker symbol.

But, folks, there are some Google gaffes you need to know about if you're considering whether you should buy this stock. It neglected to register 23 million shares. There's an informal inquiry from the SEC into the company. It is a two-tier stock.

A lot the experts will tell you, you know, if this is a company that's idealistic and built on fairness and supposed to be this great start-up, it's a stock where the insiders are going to have 10 votes for every share. You've going to have just one vote. You know, a lot of folks say that's not really what you want to get into.

And also, it had this "Playboy" interview with the founders during what some people thought should have been a quiet period. So, it showed maybe not very much savviness there on playing by the rules heading up here.

It's going to be an expensive one. They're hoping $108 to $135 a share. It would raise $3 billion if that happens, if this Dutch auction process starts to get really...

HEMMER: Dutch auction.

ROMANS: So, basically what it means is that we're not going to know exactly what the pricing of this thing is going to be until maybe tonight. After 5:00 we're going to look at it for after 5:00.

HEMMER: OK. GOOG is the ticker symbol?

ROMANS: GOOG.

HEMMER: Go GOOG.

ROMANS: There is so much hype about this one. It will be very interesting to see if it even remotely lives up to what everyone has been saying.

HEMMER: The markets lived up to expectations yesterday. They were flying there.

ROMANS: They really were.

HEMMER: Oil fears tapped down a bit?

ROMANS: Oil fears have been calmed. We talked to you yesterday about Hugo Chavez surviving that referendum. There is a lot of oil that comes out of there every day, and that was important. It pushed oil down. It pushed stocks up.

Mobile phone -- mobile phone. Mobile home stocks -- it's early.

HEMMER: It's OK.

ROMANS: The mobile home stocks rallied yesterday. And you can imagine because of the hurricane.

HEMMER: Sure.

ROMANS: All of these houses that have to be replaced in Florida.

HEMMER: And there is coffee downstairs, by the way.

ROMANS: Thank you.

HEMMER: We drink a lot of it.

ROMANS: And a new tongue. I need a new tongue.

COLLINS: (UNINTELLIGIBLE) the other day.

HEMMER: Thanks, Christine.

COLLINS: All right, Christine, thank you.

Jack is here now with the "Question of the Day."

JACK CAFFERTY, CNN ANCHOR: Are they ever going to get around to doing anything to make those mobile homes any safer? I mean, they've been like this for as long as I can remember.

COLLINS: Right.

ROMANS: But, I mean, by definition, they are mobile.

COLLINS: Yes.

CAFFERTY: And they don't hold up in the storms. Huh?

ROMANS: By definition, they're mobile. I mean, so...

CAFFERTY: Well, I understand. But, I mean, if you parked a Winnebago, for example, and they seem to be a little studier than just a regular house. You know, I'm just thinking out loud. I'm sorry to bother you.

Seventy-seven days until the election. President Bush and Senator Kerry have been accusing each other concerning their military past.

Yesterday, though, it got even nastier. Ex-Navy fighter pilot and Senator Tom Harkin called the vice president of the United States, Dick Cheney, a coward, who dodged military service in Vietnam, but is willing to -- quote -- "be tough with someone else's kid's blood" -- unquote.

Senator Harkin accused President Bush and his vice president of resorting to dirty attacks on John Kerry's war record.

The question this morning: Is a candidate's military record fair game in a campaign? "Absolutely," writes Pete in Jersey City, New Jersey. "It was all right for the Republicans to attack President Clinton for not serving in Vietnam. Now all of a sudden draft dodgers like Cheney are out there questioning Senator Kerry's credentials. As a veteran I applaud Senator Harkin for calling it as it is."

Janet in Spring Lake, Michigan: "If voters gave a rip about military records, John McCain would be the president."

Jeremy writes from Exeter, New Hampshire: "Wouldn't a better question be, what is not fair game in an election?"

Maybe so, Jeremy, but that's not the question today.

A better question might also be, when are they going to make mobile homes safer? But we'll get to that on another day.

Gene in Virginia Beach, Virginia: "In a time of war, we need a person who has worn a uniform for more than playing dress-up."

Nasty.

HEMMER: What's the calendar say?

CAFFERTY: August.

HEMMER: Seventy-two days?

COLLINS: Right.

HEMMER: That would be 70.

CAFFERTY: Yes, I read this right at the beginning.

HEMMER: All right, thank you.

CAFFERTY: Right there. It's in the first line of the copy that I read.

HEMMER: I need more coffee like Christine.

In a moment here, high security at New York City Hall. We'll tell you why Mr. Peanut was getting some extra attention. Back in a moment after this.

(COMMERCIAL BREAK)

COLLINS: The presidential race isn't the only hotly-contested campaign this election year. Jeanne Moos reports on one campaign that has Tony the Tiger, the Energizer Bunny and other advertising icons stumping for votes.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Talk about convention bounce. It's the Michelin Man versus the Pillsbury Doughboy.

UNIDENTIFIED MALE: Ho-ho-ho.

MOOS: It's the Jolly Green Giant versus Tony the Tiger.

UNIDENTIFIED MALE: They're grrrreat!

MOOS: No dirty tricks for Mr. Clean.

UNIDENTIFIED FEMALES (singing): Mr. Clean gets rid of dirt and grime.

MOOS: But will Mr. Clean be able to get rid of Mr. Peanut?

UNIDENTIFIED FEMALE: Hi, Mr. Peanut.

UNIDENTIFIED MALE: He's one of the few figures in America who literally knows he's nuts.

MOOS: There were campaign buttons, hats and posters. Quack the vote?

UNIDENTIFIED MALE: AFLAC!

MOOS: That's the AFLAC duck in the jaws of Charlie the Tuna.

There are 26 candidates in the race for most-beloved advertising icon. You can cast your vote online.

UNIDENTIFIED FEMALE: I used to like Tony the Tiger when I was little.

MOOS (on camera): Let's get him over here.

UNIDENTIFIED FEMALE: Yes.

MOOS: Sorry Charlie, you're out of the picture.

UNIDENTIFIED MALE: Sorry, Charlie.

UNIDENTIFIED FEMALE: I remember you when I was little.

UNIDENTIFIED MALE: Frosted flakes are great!

UNIDENTIFIED FEMALE: To tell you the truth, I never had his cereal. I just liked Tony.

MOOS (voice over): The icons gathered gingerly on the steps of New York City Hall, where they were greeted by a former mayor who denied resembling Mr. Clean.

ED KOCH, FORMER NEW YORK MAYOR: I am not bald. I am balding.

MOOS: But if you add the earring.

The point of the contest seems to be to advertise advertising. At the ripe age of 60, this icon is looking good.

UNIDENTIFIED FEMALE: Oh! Chiquita Banana.

MOOS (on camera): Well, who did you think you were talking to?

UNIDENTIFIED FEMALE: Look at all the fruit on my head.

UNIDENTIFIED FEMALE: I thought I was talking to Carmen Miranda. That's my day.

UNIDENTIFIED FEMALE (singing): You can put them in a salad.

UNIDENTIFIED FEMALE: You can put it in a pie.

UNIDENTIFIED MALE: Mr. Clean will clean your whole house.

MOOS (voice over): And though this guy was leaning towards voting for Mr. Clean...

(on camera): Are you having second thoughts about Mr. Clean?

UNIDENTIFIED MALE: Oh, yes, there's a lot to be said for Chiquita bananas.

MOOS (voice over): It drove security bananas when Mr. Peanut set off a metal detector.

(on camera): I'd check this guy's hat.

(voice over): When things are so bad they have to wand Mr. Peanut, the world really has gone nuts.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COLLINS: That Web address to cast your vote is Promotions.yahoo.com/advertising week_2004. I'm sure you'll remember that.

So...

HEMMER: Do you have a favorite in there?

COLLINS: No.

HEMMER: No?

COLLINS: I was saying that I like the Lucky Charms leprechaun.

HEMMER: OK.

COLLINS: But he's not in there. Magically delicious!

HEMMER: Do they have a write-in vote?

COLLINS: Yes, I think I will.

HEMMER: I'll take Tony the Tiger any day.

COLLINS: Yes.

HEMMER: Always Frosted Flakes around my joint.

COLLINS: Grrrreat!

HEMMER: In a moment here, the Pentagon's top brass is arming themselves for battle over a new intelligence chief. We'll get to that at the top of the hour as we continue after this.

(COMMERCIAL BREAK)

COLLINS: Some information just coming to us now this morning. Out of Baghdad, the Iraqi delegation, as you know they have been meeting to discuss the situation in Najaf and Muqtada al-Sadr, they are agreeing to send eight members of that Iraqi delegation to Najaf to hopefully have some sort of talks. Not sure if Muqtada al-Sadr himself will be in on those meetings or just aides to him. But we will certainly follow that story and bring you most just as soon as it becomes available.

For now, though, back to a break. We'll be back in a moment here on AMERICAN MORNING.

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 17, 2004 - 07:31   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Welcomes back, everyone. Just past 7:30 here in New York. Heidi Collins along with me, Bill Hemmer. Soledad O'Brien is resting at home.
And we are back in the courtroom in a moment; also back to Florida, too. One small town there coping with the aftermath of Charley. The town is a bit off the beaten path. It could be a while before any outside help arrives. Ed Lavandera is tracking that story. We'll get to Ed live in a moment there in southwest Florida.

HEIDI COLLINS, CNN ANCHOR: Also, a woman tries to get a divorce because her husband admitted cheating on her. But the judge won't let her, because he says adultery isn't reason enough. We'll talk to a divorce lawyer who says justice was not served here.

HEMMER: All right. Let's get back to Florida right now and the aftermath of Charley. Rescue efforts in the areas hardest hit by the storm have come to an end. But the recovery work now is just beginning.

The latest numbers that we have on Charley, 19 deaths now linked to that storm. The latest damage estimate puts it at $11 billion. Nearly 900,000 people were said to be without power late last night. About 2,300 are still in shelters. Eleven thousand have applied for disaster aid. And the state has requested housing for 10,000, all in southwestern, Florida.

In Punta Gorda, which took a direct hit from that storm late on Friday, search and rescue efforts have come to and end there.

And Ed Lavandera is live this morning, taking us through yet another tough story for the people there.

Ed -- good morning.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Bill.

Well, you know, towns like Punta Gorda along the coastline here in southwest Florida have been getting most of the attention in the days since Hurricane Charley battered the coastline here. But, you know, it's not just the coastal communities that took a beating. There are towns inland that are also suffering.

(BEGIN VIDEOTAPE)

(BEGIN VIDEOTAPE) LAVANDERA (voice over): Take Highway 17 east away from Florida's Gulf Coast and planted among the orange groves you'll drive into the working-class town of Arcadia. It's 30 miles from the seafront towns that have been getting all of the attention in the wake of Hurricane Charley. But to people here, it might as well be a million miles away.

JANET WYATT, ARCADIA RESIDENT: The fact of life is, Arcadia in Desoto County is a backwater, and it doesn't matter who is hardest hit. We're going to get power well after the coastal towns. You know that when you move here.

LAVANDERA: Arcadia is a town of about 7,000 people, but also home to thousands of migrant workers who live off the seasonal citrus industry.

REV. GREG FRY, ST. EDMUNDS EPISCOPAL CHURCH: Everybody here in Arcadia who really make a living from hand-to-mouth, they're going to be hurting for a long time. And they're not going to get the attention that some of the other places will be getting.

LAVANDERA: That's why Janet Wyatt takes care of those around her, covering a window for an elderly man who struggles to take care of himself. And it's why Reverend Greg Fry wants to get the roof that was ripped off his church repaired quickly. He thinks it will give people around here something to smile about.

FRY: At this point in time, the reality if it, the shock of it hasn't worn off yet. We still have folks literally walking around in a daze. I pulled on it, and it actually rang.

LAVANDERA: The bell in Saint Edmonds Episcopal Church still tolls. For a city that feels when it comes to getting through a tragedy, its people can always count on each other to help them make it through.

(END VIDEOTAPE)

Now, we drove through Arcadia yesterday, and you do see crews going through cleaning up the power line situation. Quite honestly, though, you don't see as many as in the towns along the coastline.

And, you know, we did see in some places where power had been restored slightly. But the residents there are explaining kind of it will be interesting to see what kind of attention they get a couple weeks from now once all of the media attention goes away and the real hard-core work of repairing really starts to settle in -- Bill.

HEMMER: Indeed you're right. Ed, thanks. Ed Lavandera live this morning in Florida -- Heidi.

COLLINS: Did the California prosecutor who has been pursuing Michael Jackson for years go too far? The answer could determine whether child molestation charges against Jackson will stick.

In court yesterday, the Jackson family showed their strength in numbers.

Here's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Were they on tour, it might be called the Jackson unity tour. Michael, his sisters, Janet and LaToya, his brothers, Randy, Jermaine and Jackie, all marched into court, all wearing white.

ROBERTA CLARIN, JACKSON FAN: The whole family wore white -- unity, purity, innocence.

MARQUEZ: The show of unity was for the questioning of Santa Barbara County District Attorney Tom Sneddon, the man prosecuting Jackson on charges of child molestation and conspiracy -- charges Jackson has denied.

Steve Corbett, a columnist for "The Santa Maria Times," has reported on Jackson and Sneddon for years.

STEVE CORBETT, "SANTA MONICA TIMES": Sneddon faltered. Sneddon stumbled. Sneddon appeared to be on the defensive.

MARQUEZ: Wearing sunglasses throughout the hearing, the self- proclaimed king of pop stared without emotion at the district attorney as he was questioned by Jackson lawyer Thomas Mesereau. Mesereau worked to establish whether Sneddon knew or should have known that Bradley Miller, a Beverly Hills private investigator, was working for Jackson's former lawyer, Mark Geragos, and not directly for Michael Jackson.

CORBETT: If that can be established, I don't think you need to be an attorney to figure out that that's a big deal.

MARQUEZ: And why a big deal? Because Miller's office, along with Jackson's Neverland Ranch and another address in Los Angeles, was one of the three principal places investigators searched.

CORBETT: Ample evidence was taken into custody. They sledge- hammered the door to obtain it. They wanted it, and they wanted it then and there.

MARQUEZ: If Jackson's legal team can convince the judge that investigators knew or should have known that Miller worked for Geragos, then all the evidence seized from the investigator's office could be covered by attorney-client privilege, never to be seen by a jury.

(on camera): As soon as Tom Sneddon, the district attorney, was done with his testimony, Jackson and his entire family left. This hearing is expected to last all week. And then it will be up to a judge to decide what evidence any eventual jury may hear.

Miguel Marquez, CNN, Santa Maria, California.

(END VIDEOTAPE)

COLLINS: It's 37 minutes past the hour now. It's time for a look at some of today's other news and Carol Costello.

Carol -- good morning.

CAROL COSTELLO, CNN ANCHOR: Good morning, Heidi. Thank you.

In just over two hours, Secretary of Defense Donald Rumsfeld will be on Capitol Hill for continued discussions on the 9/11 report. Yesterday, members of the September 11th commission urged Congress to close the loopholes on security measures for the National Transportation System. Three more Senate meetings are scheduled for today.

New York Governor George Pataki and Mayor Michael Bloomberg are announcing plans for this year's 9/11 commemoration. Victims' parents and grandparents are expected to take center stage for this year's memorial. And the governor is asking for a state-wide moment of silence at 8:46 a.m. on September 11, of course, the exact moment the terrorists launched their attack on the World Trade Center nearly three years ago now.

In Arkansas, a woman is being held on kidnapping charges in connection with a missing girl. Police and residents are searching today for 6-year-old Patricia Ann Miles (ph). The girl's bicycle was found early Monday. Her shoes were found nearby. Officials suspect foul play.

A Minnesota couple returning from a weekend trip came home to a Powerball jackpot worth $99 million. David and Mary Beth Winnall (ph) claimed their prize yesterday, a lump payment of 53 million bucks, 36 million after taxes. Both say early retirement is in their very near future.

Back to New York.

HEMMER: How are they defining very near future, huh?

COSTELLO: It's like tomorrow.

HEMMER: Is that this afternoon maybe? Thank you, Carol. I can't blame them either.

(WEATHER BREAK)

COLLINS: A woman files for divorce after 17 years of marriage when her husbands admits having an affair. A matrimonial slam dunk, right? Well, that's not how a New York judge saw it.

He denied Gail Oscan's (ph) request, saying the resumption of their sexual relationship after adultery was known implies forgiveness.

Joining us now to talk more about this bizarre case and the potential legal fallout, divorce attorney Raoul Felder. Good morning to you.

RAOUL FELDER, DIVORCE LAWYER: Good morning, Heidi.

COLLINS: Thanks for being here. Your reaction to this case, you say this is not the first time that this has happened.

Oh, yes. This happens quite a bit. In fact, we even have a name for it. We call it "holy deadlocked" when this happens. And these people are condemned to lead a very unhappy life until there is a cause of action.

The problem is the law is very strict. Adultery is a sort of sexual crime that can be condoned or forgiven by another sexual act, which is forgiven if they sleep together. It's kind of silly. But the villain here is not the judge. The villain is the law. It has to be changed.

COLLINS: Well, let me read to you exactly what this New York State supreme justice said, Justice William Kent (ph) that is. He says -- quote -- "That Gail Oscan (ph) failed to establish that she suffered any physical or mental debilitation as a result of the alleged affair."

Well, what if she just thought it was over?

FELDER: Well, that isn't good enough in states like New York. And particularly, by the way, when you charge adultery, it's very serious. Adultery in the state of New York and many other states is considered a crime, a class D misdemeanor.

Now, the criminals are all around us right now at the hotels around here practicing their crime. But the costs of crime, it has a different standard of proof, more like the criminal, more like beyond a reasonable doubt, but it's clear and convincing evidence is a standard, not a civil standard. And it's tough to prove. You need corroboration. This man's admission to his wife that he's an adulterer is not corroboration.

COLLINS: So, what sort of implications can it have then as far as burden of proof goes for other cases in the courts?

FELDER: Well, this is not so infrequently. Luckily, the appellate court sometimes allow these divorces to go through. We just had one two months ago. But sometimes the people just stuff it. They go on living miserably until somebody slaps somebody else. You know, the law loves broken fingers, because a broken finger, if you put an X-ray up, it's you know, this is cruel and inhumane treatment.

COLLINS: Well, is there any change to this if children are involved, if the two are obviously not getting along after the alleged affair happens?

FELDER: No. As a matter of fact, you know, our highest court, Jackie Gleason's case, said bickering, malcontent, unhappiness is not grounds for divorce. You're like everybody else in these big states. The law has to be changed.

Funnily enough, women's groups are against changing the law, because they feel that husbands would just be able to dump wives at will. And there are other problems.

COLLINS: This woman does plan to appeal the decision. If she were your client, how would you advise her?

FELDER: She could appeal. She ought to -- because they may be flexible. She could move to another state, where they have more felicitous laws. Or she could pray an awful lot.

COLLINS: So, could she move to another state, though, if the divorce had not been granted?

FELDER: Yes, but what happens is you've got to establish residency. So she's stuck for a year or so in some other state before she can get a divorce.

COLLINS: Oh, a tough case.

FELDER: Yes.

COLLINS: Raoul Felder, thanks so much for your time this morning.

FELDER: Thank you.

COLLINS: We appreciate it -- Bill.

HEMMER: All right, Heidi, in a moment here, you might soon be able to buy shares in one of the Internet's biggest companies. Christine Romans explains that, working for Andy again today.

Also, how does Mr. Peanut suit your taste? We'll tell you how you can vote for America's favorite advertising icon in a moment, back here in a moment on AMERICAN MORNING.

(COMMERCIAL BREAK)

HEMMER: Welcome back, everyone. It's time to Google Google. The giant search engine may go public as soon as tomorrow.

Christine Romans is working for Andy Serwer.

Good morning to you.

CHRISTINE ROMANS, CNN FINANCIAL NEWS: Good morning.

HEMMER: Finally?

ROMANS: Finally. I feel like...

HEMMER: We've been talking about this for a month, haven't we?

ROMANS: I know. Finally. This time I really mean it. It looks like the final paperwork has been filed, and the SEC is going to give the go ahead.

And Google will be an initial public offering. Nasdaq is where it will trade. GOOG will be the ticker symbol.

But, folks, there are some Google gaffes you need to know about if you're considering whether you should buy this stock. It neglected to register 23 million shares. There's an informal inquiry from the SEC into the company. It is a two-tier stock.

A lot the experts will tell you, you know, if this is a company that's idealistic and built on fairness and supposed to be this great start-up, it's a stock where the insiders are going to have 10 votes for every share. You've going to have just one vote. You know, a lot of folks say that's not really what you want to get into.

And also, it had this "Playboy" interview with the founders during what some people thought should have been a quiet period. So, it showed maybe not very much savviness there on playing by the rules heading up here.

It's going to be an expensive one. They're hoping $108 to $135 a share. It would raise $3 billion if that happens, if this Dutch auction process starts to get really...

HEMMER: Dutch auction.

ROMANS: So, basically what it means is that we're not going to know exactly what the pricing of this thing is going to be until maybe tonight. After 5:00 we're going to look at it for after 5:00.

HEMMER: OK. GOOG is the ticker symbol?

ROMANS: GOOG.

HEMMER: Go GOOG.

ROMANS: There is so much hype about this one. It will be very interesting to see if it even remotely lives up to what everyone has been saying.

HEMMER: The markets lived up to expectations yesterday. They were flying there.

ROMANS: They really were.

HEMMER: Oil fears tapped down a bit?

ROMANS: Oil fears have been calmed. We talked to you yesterday about Hugo Chavez surviving that referendum. There is a lot of oil that comes out of there every day, and that was important. It pushed oil down. It pushed stocks up.

Mobile phone -- mobile phone. Mobile home stocks -- it's early.

HEMMER: It's OK.

ROMANS: The mobile home stocks rallied yesterday. And you can imagine because of the hurricane.

HEMMER: Sure.

ROMANS: All of these houses that have to be replaced in Florida.

HEMMER: And there is coffee downstairs, by the way.

ROMANS: Thank you.

HEMMER: We drink a lot of it.

ROMANS: And a new tongue. I need a new tongue.

COLLINS: (UNINTELLIGIBLE) the other day.

HEMMER: Thanks, Christine.

COLLINS: All right, Christine, thank you.

Jack is here now with the "Question of the Day."

JACK CAFFERTY, CNN ANCHOR: Are they ever going to get around to doing anything to make those mobile homes any safer? I mean, they've been like this for as long as I can remember.

COLLINS: Right.

ROMANS: But, I mean, by definition, they are mobile.

COLLINS: Yes.

CAFFERTY: And they don't hold up in the storms. Huh?

ROMANS: By definition, they're mobile. I mean, so...

CAFFERTY: Well, I understand. But, I mean, if you parked a Winnebago, for example, and they seem to be a little studier than just a regular house. You know, I'm just thinking out loud. I'm sorry to bother you.

Seventy-seven days until the election. President Bush and Senator Kerry have been accusing each other concerning their military past.

Yesterday, though, it got even nastier. Ex-Navy fighter pilot and Senator Tom Harkin called the vice president of the United States, Dick Cheney, a coward, who dodged military service in Vietnam, but is willing to -- quote -- "be tough with someone else's kid's blood" -- unquote.

Senator Harkin accused President Bush and his vice president of resorting to dirty attacks on John Kerry's war record.

The question this morning: Is a candidate's military record fair game in a campaign? "Absolutely," writes Pete in Jersey City, New Jersey. "It was all right for the Republicans to attack President Clinton for not serving in Vietnam. Now all of a sudden draft dodgers like Cheney are out there questioning Senator Kerry's credentials. As a veteran I applaud Senator Harkin for calling it as it is."

Janet in Spring Lake, Michigan: "If voters gave a rip about military records, John McCain would be the president."

Jeremy writes from Exeter, New Hampshire: "Wouldn't a better question be, what is not fair game in an election?"

Maybe so, Jeremy, but that's not the question today.

A better question might also be, when are they going to make mobile homes safer? But we'll get to that on another day.

Gene in Virginia Beach, Virginia: "In a time of war, we need a person who has worn a uniform for more than playing dress-up."

Nasty.

HEMMER: What's the calendar say?

CAFFERTY: August.

HEMMER: Seventy-two days?

COLLINS: Right.

HEMMER: That would be 70.

CAFFERTY: Yes, I read this right at the beginning.

HEMMER: All right, thank you.

CAFFERTY: Right there. It's in the first line of the copy that I read.

HEMMER: I need more coffee like Christine.

In a moment here, high security at New York City Hall. We'll tell you why Mr. Peanut was getting some extra attention. Back in a moment after this.

(COMMERCIAL BREAK)

COLLINS: The presidential race isn't the only hotly-contested campaign this election year. Jeanne Moos reports on one campaign that has Tony the Tiger, the Energizer Bunny and other advertising icons stumping for votes.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Talk about convention bounce. It's the Michelin Man versus the Pillsbury Doughboy.

UNIDENTIFIED MALE: Ho-ho-ho.

MOOS: It's the Jolly Green Giant versus Tony the Tiger.

UNIDENTIFIED MALE: They're grrrreat!

MOOS: No dirty tricks for Mr. Clean.

UNIDENTIFIED FEMALES (singing): Mr. Clean gets rid of dirt and grime.

MOOS: But will Mr. Clean be able to get rid of Mr. Peanut?

UNIDENTIFIED FEMALE: Hi, Mr. Peanut.

UNIDENTIFIED MALE: He's one of the few figures in America who literally knows he's nuts.

MOOS: There were campaign buttons, hats and posters. Quack the vote?

UNIDENTIFIED MALE: AFLAC!

MOOS: That's the AFLAC duck in the jaws of Charlie the Tuna.

There are 26 candidates in the race for most-beloved advertising icon. You can cast your vote online.

UNIDENTIFIED FEMALE: I used to like Tony the Tiger when I was little.

MOOS (on camera): Let's get him over here.

UNIDENTIFIED FEMALE: Yes.

MOOS: Sorry Charlie, you're out of the picture.

UNIDENTIFIED MALE: Sorry, Charlie.

UNIDENTIFIED FEMALE: I remember you when I was little.

UNIDENTIFIED MALE: Frosted flakes are great!

UNIDENTIFIED FEMALE: To tell you the truth, I never had his cereal. I just liked Tony.

MOOS (voice over): The icons gathered gingerly on the steps of New York City Hall, where they were greeted by a former mayor who denied resembling Mr. Clean.

ED KOCH, FORMER NEW YORK MAYOR: I am not bald. I am balding.

MOOS: But if you add the earring.

The point of the contest seems to be to advertise advertising. At the ripe age of 60, this icon is looking good.

UNIDENTIFIED FEMALE: Oh! Chiquita Banana.

MOOS (on camera): Well, who did you think you were talking to?

UNIDENTIFIED FEMALE: Look at all the fruit on my head.

UNIDENTIFIED FEMALE: I thought I was talking to Carmen Miranda. That's my day.

UNIDENTIFIED FEMALE (singing): You can put them in a salad.

UNIDENTIFIED FEMALE: You can put it in a pie.

UNIDENTIFIED MALE: Mr. Clean will clean your whole house.

MOOS (voice over): And though this guy was leaning towards voting for Mr. Clean...

(on camera): Are you having second thoughts about Mr. Clean?

UNIDENTIFIED MALE: Oh, yes, there's a lot to be said for Chiquita bananas.

MOOS (voice over): It drove security bananas when Mr. Peanut set off a metal detector.

(on camera): I'd check this guy's hat.

(voice over): When things are so bad they have to wand Mr. Peanut, the world really has gone nuts.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

COLLINS: That Web address to cast your vote is Promotions.yahoo.com/advertising week_2004. I'm sure you'll remember that.

So...

HEMMER: Do you have a favorite in there?

COLLINS: No.

HEMMER: No?

COLLINS: I was saying that I like the Lucky Charms leprechaun.

HEMMER: OK.

COLLINS: But he's not in there. Magically delicious!

HEMMER: Do they have a write-in vote?

COLLINS: Yes, I think I will.

HEMMER: I'll take Tony the Tiger any day.

COLLINS: Yes.

HEMMER: Always Frosted Flakes around my joint.

COLLINS: Grrrreat!

HEMMER: In a moment here, the Pentagon's top brass is arming themselves for battle over a new intelligence chief. We'll get to that at the top of the hour as we continue after this.

(COMMERCIAL BREAK)

COLLINS: Some information just coming to us now this morning. Out of Baghdad, the Iraqi delegation, as you know they have been meeting to discuss the situation in Najaf and Muqtada al-Sadr, they are agreeing to send eight members of that Iraqi delegation to Najaf to hopefully have some sort of talks. Not sure if Muqtada al-Sadr himself will be in on those meetings or just aides to him. But we will certainly follow that story and bring you most just as soon as it becomes available.

For now, though, back to a break. We'll be back in a moment here on AMERICAN MORNING.

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