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CNN Live At Daybreak
Negotiations Between Iraqi Government, Muqtada Al-Sadr to End Fighting in Najaf; Mistake in Translation May Change Case Against Two Men Arrested in Albany as Suspected Terrorists
Aired August 19, 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: In one part of Iraq, this part, fierce street fighting this morning, while calm could be coming to Najaf.
It is Thursday, August 19.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, it's been a year since the attack on U.N. headquarters in Baghdad that killed 22 people, including U.N. envoy Sergio Demello. United Nations officials in New York and elsewhere will hold ceremonies today to remember.
Renewed fighting in Baghdad. U.S. forces are meeting sporadic resistance from the Shiite militia in Sadr City. There is also fighting under way this morning in Najaf. Iraqi forces backed by the U.S. military are taking on the militia loyal to Muqtada al-Sadr. Iraq has given the Muslim cleric an ultimatum to disarm. That happened this morning. We're going to have a live report for you from Iraq in two minutes.
Searching for a stock to buy? Well, the Internet search engine Google goes public today with a stock offering of $85 a share. Initially, Google aimed for a figure of $108 to $135 a share.
And the cleanup from hurricane Charley goes on. The death toll now up to 22. It's estimated insurers will pay out almost $7.5 billion.
To the forecast center and Chad.
CHAD MYERS, CNN METEOROLOGIST: It'll rank it right behind Andrew, you know? It'll rank the damage to this above all other hurricanes, including Camille and Hugo and all those. It'll take it right behind -- and Andrew was obviously a much bigger storm, as well, and hitting a much larger populated area, too, Carol.
(WEATHER REPORT)
COSTELLO: Fresh violence this morning in Sadr City, the Baghdad neighborhood that has long been the center of conflict between U.S. and Iraqi forces and militants. In the meantime, a new deadline and new demands face Muslim cleric Muqtada al-Sadr. He remains holed up in a mosque in Najaf and it seems the Iraqi interim government has had enough.
CNN's John Vause live from Baghdad with the latest.
Things were so hopeful yesterday, but now another ultimatum.
JOHN VAUSE, CNN CORRESPONDENT: That's right, Carol.
We seem to be right back where we were yesterday morning with a deadline, ultimatums and threats being delivered by the interim Iraqi government to Muqtada al-Sadr.
What we are hearing from a press conference in Najaf, from the minister of state, a number of demands being placed on Muqtada al- Sadr. And they say he has just hours to comply. Now, those demands are that Muqtada al-Sadr call some kind of press conference, a media conference, so that the people of Iraq and the Iraqi government can hear him say with his own voice that he is willing to leave the Iman Ali Mosque.
They also want to hear him say that he is willing to dissolve his Mahdi militia. Now, this is a direct reference to yesterday, when al- Sadr's Baghdad office released a letter saying that al-Sadr was willing to comply with a peace initiative put forward by the Iraqi National Conference.
The interim government now saying they want to hear him say it with his own voice.
They also want him to hand over all the weapons and they said that he knows the appropriate place for those weapons to be handed over. They did not say any more than that. They also said that he must free all citizens currently being held, the first time we've heard this charge coming from the Iraqi government directed at Muqtada al-Sadr. They've also said that Muqtada al-Sadr and his followers would not hold court for these people who are currently being held. And they've also said that he will not hold his own army.
One point in all of this, we're also hearing from the interim Iraqi government that Muqtada al-Sadr will not receive an amnesty. He will not receive immunity from prosecution. There are a number of charges against Muqtada al-Sadr. The most serious one is a charge of murder. That involves the death of a rival Shiite cleric.
The deadline for all of this, nothing specific. He has just a few hours to act. The minister of state saying that the Iraqi government has a plan in place. They have a military plan, intelligence. They know how to get him, he said, without causing major damage to the Iman Ali Mosque -- Carol.
COSTELLO: John Vause live in Baghdad this morning.
Thank you. And by the way, the Iraqi prime minister, Iyad Allawi, plans a news conference later this morning that, oh, probably around 10:00 Eastern. CNN, of course, will bring you that live.
More trouble at the notorious Abu Ghraib Prison in Iraq. A fight involving dozens of prisoners has left two detainees dead and five injured. This, as the Army is about to release its findings on the prison abuse scandal. Military sources tell CNN the report will recommend about two dozen more military personnel face investigation. So far, seven soldiers have been charged. The report says no senior officials played a direct role in ordering or allowing prisoners to be abused. The full report due out next week.
Federal prosecutors in Albany, New York admit that a term in a document found in Iraq may have been mistranslated. They say the error has no bearing on their case against two Albany mosque leaders accused of supporting terrorism and laundering money.
Defense lawyers disagree, as CNN's Jason Carroll reports.
(BEGIN VIDEO TAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): An attorney representing one of the defendants in an upstate New York terrorism case gave a scathing rebuke of what he believes the government's case is based on.
TERRY KINDLON, YASSIN AREF'S LAWYER: Given the incredible unreliability of the information that the federal government has thus far presented to the court in this case, we don't know what to believe anymore.
CARROLL: Terry Kindlon says the prosecutor's case is sinking now that they've admitted to making a mistake in dealing with a key piece of evidence succeed with his client, Yassin Aref. Aref is the religious leader of a mosque in Albany, New York. He was arrested, along with mosque cofounder Mohammed Hossain, in an FBI sting. The charges? Laundering money from what they thought was the sale of a surface to air missile.
Prosecutors say Aref's name and address were found in a notebook in an Iraqi terrorist training camp. Military translators said a word next to Aref's name was Arabic for commander. Now, the FBI says it's Kurdish for brother.
Aref's wife says the meeting is clear to her.
UNIDENTIFIED FEMALE: This word in here, it mean brother.
CARROLL: Despite the mistake, prosecutors say the change in translation does not change their case. U.S. Attorney Glenn Suddaby told CNN, "The proof of what they are charged with does not concern whether his name was in the book, which it was."
But Kindlon says the mistake makes a difference. KINDLON: So it went from being something that sounded very sinister and very menacing to something that's completely innocuous. And obviously this changes the tenor of the case radically.
CARROLL (on camera): An indication of whether the mistake changes the tone of the case could be seen when the judge rules on the defendants' request for bail at a hearing next Tuesday.
Jason Carroll, CNN, New York.
(END VIDEO TAPE)
COSTELLO: In other stories across America this Thursday, New Jersey Senator Jon Corzine says he will not pursue the governorship in a special election. Outgoing Governor Jim McGreevey told Corzine he will not leave office until November 15. McGreevey announced last week he was resigning after disclosing an extramarital sexual relationship with a man.
In Gilmore, Arkansas, searchers head back out this morning. They're looking for 7-year-old Patricia Miles. She's been missing since Sunday, when she took off on her pink bicycle for a trip to the grocery store. Her bike was found in a corn field the next day.
In Miami, two people have been charged with abusing their foster child. Four-year-old Rilya Wilson -- remember her? She disappeared three years ago. One of the caregivers, Jeralin Graham, is now charged with kidnapping. Rilya's disappearance shook up Florida's child welfare agency when it was learned caseworkers had not checked on the girl for 15 months.
Your next flight into Chicago's O'Hare might actually be on time. In an effort to cut down delays, there will be 12 fewer arrivals into the airport per hour. That move starts in November. So far this year, only two thirds of the flights at O'Hare have been on time.
So, if you are waiting for good air fares, though, book that trip now, because it may be the time. A travel reporter joins us with the low down on the low prices at 40 past the hour.
But before we get to that, at 13 minutes past the hour, we're talking about the latest development in the Scott Peterson murder trial. Find out what some -- find out what caused some groans to be heard in the courtroom.
And that taser incident that has Florida talking? Police say it was justified. Witnesses say it was out of line. We'll have more on that for you.
But first, here's a look at what else is making news this Thursday morning.
(COMMERCIAL BREAK)
COSTELLO: Welcome back to DAYBREAK. A surprise in the Scott Peterson case. The trial was called to a temporary halt because there is new evidence potentially important to the case. We suspect it may be important to the defense, since Peterson's family seems to be in the know.
(BEGIN VIDEO CLIP)
QUESTION: Anybody have an idea why we're out of court today?
UNIDENTIFIED MALE: Yes, but we can't say.
UNIDENTIFIED FEMALE: It's not fun that things get slowed down, but it's, you know, we have to trust that things are being done right. The judge is -- he knows what he's doing.
(END VIDEO CLIP)
COSTELLO: So, time for a little "Coffey Talk" now.
Kendall Coffey, our legal analyst, live in New York this morning -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning.
COSTELLO: So what do you suspect this secret evidence is?
COFFEY: Oh, boy, the joys of a gag order. All we can do is guess. And the most logical thing is it has something to do with Amber Frey, because they're delaying the beginning of her cross- examination.
But as to what it is, it could be anything from information about Amber Frey that the defense wants to bring in to impeach her or it could be simply mistakes in some of the tape recordings, unexplained gaps that the defense wants to get to before they start with their own attack on Amber Frey, which now is scheduled for Monday.
COSTELLO: I know the judge has prohibited questions about Frey's dating history. But why would Geragos be interested in that particular line of questioning?
COFFEY: Well, it looks like they are getting ready for an all out assault on Amber Frey. And one of the things they want to present is that she was somebody who was really pursuing Scott Peterson. That she was somebody who was maybe in love with him and when she was spurned, she decided to get in league with the prosecution and set him up, which could look pretty nasty, pretty heartless from the standpoint of the jury.
But I think there's a lot of risk in going six guns blazing after Amber Frey, because at the end of the day, they can try to discredit her, but they can't discredit the sound of Scott Peterson's own voice on those tapes. And that's the biggest problem the defense has right now.
COSTELLO: I was going to say, what difference does it make? This is still a man who had an affair on his pregnant wife.
COFFEY: Not much at all. And I think as we got toward the end, the prosecution was able to establish some key points. This wasn't just the usual pack of lies from a cheating married man. They were devious lies, there was scheming stuff, heartless stuff. We recall that on the night of the vigil for Laci Peterson, this guy was making up all this elaborate stuff about being in Paris.
And some of the most recent tapes showed a guy who might have actually been obsessed with Amber Frey, had to look into her eyes even after she does her press conference. He's leaving gifts for her on the night, on the day that his own unborn son's birth was due. Looking pretty bad for Scott Peterson right now.
COSTELLO: It looks so. And cross-examination is supposed to take place Monday now.
Kendall Coffey live on the phone from New York this morning.
COFFEY: Hey, thanks so much.
COSTELLO: Your news, money, weather and sports.
It is 6:15 Eastern.
Here's what's all new this morning.
Sporadic fighting in Najaf; in Baghdad's Sadr City today. Just about an hour ago, Iraq's minister of state said radical cleric Muqtada al-Sadr has only a few hours to order his militia to disarm and leave that sacred mosque in Najaf.
In central Washington, a wildfire has burned at least 11,000 acres. Hundreds of residents were forced from their homes. No deaths or injuries reported.
In money news, oil prices continue to barrel past record breaking highs. Light crude is now above $47 a barrel. New worries about violence in Iraq and a drop in the U.S. oil reserves triggered that latest increase.
In culture, Hooters is hitting the Las Vegas strip. The hotel San Remo will be refashioned into a Hooters Hotel Casino. Plans include a tropical theme, with lots of big things, like a super sized pool, big restaurants and other things.
In sports, gymnast Paul Hamm is the first American to bring home Olympic gold in the men's all around, and what a rally. Hamm also fell into a judge's table after his vault. He went from first place to twelfth, but then he came back. Stellar performances on his last two events were enough. He got the gold by 12,000ths of a point. An amazing comeback story -- Chad.
MYERS: And a lot of folks in the stands there. We've been talking how empty the stands have been, but obviously last night a lot of folks wanted to see this. So that's some good news. Folks are actually showing up now.
(WEATHER REPORT)
COSTELLO: Those are the latest headlines for you.
Troubling use of a taser or a legitimate use of force? It's a debate now in Florida, where some tempers were flaring in the aftermath of Charley. Yes, we have an update on this story for you.
And later, the rural vote -- why are the candidates spending so much time outside of urban areas? We'll discuss it with a reporter who covers some of that territory.
This is DAYBREAK.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I have three kids at home.
UNIDENTIFIED MALE: Leave him alone, man! He's frustrated. Oh, come on, man, he's frustrated. He's frustrated, man. What the hell are you doing? That is so wrong. Why do you got do like that in front of the children, man? Oh, come on, man!
UNIDENTIFIED MALE: Oh, my god.
UNIDENTIFIED MALE: (OBSCENE WORDS OMITTED).
UNIDENTIFIED MALE: Man, that's wrong. That man was wrong.
UNIDENTIFIED MALE: That was wrong.
UNIDENTIFIED MALE: That man was wrong.
(END VIDEO CLIP)
COSTELLO: This was an ugly, ugly incident. We talked so much about this yesterday, we had to update you today. It's about that taser incident in Florida. A resident was trying to get to his hurricane damaged home. Police say he tried to run a roadblock. He lunged at sheriff's deputies, who hit him with a taser.
The Lee County sheriff is now defending the action.
(BEGIN VIDEO CLIP)
SHERIFF ROD SHOAP, LEE COUNTY, FLORIDA: He was yelling at us, cursing at our officers and trying to incite a group of citizens across the street into getting involved, and they were. They were starting to yell. In fact, on your video, you can hear them yelling, using the same profanity.
So finally we had to arrest him. He's a rather large person, would not cooperate, and we had to do a contact tase, which is about a second shot of taser on the skin.
(END VIDEO CLIP)
COSTELLO: CNN's Mike Brooks, a 26-year veteran of D.C.'s Metropolitan Police Department, joins us now to discuss the use of police force in this kind of situation -- and, Mike, from a police officer's standpoint, describe this incident.
MIKE BROOKS, CNN CORRESPONDENT: Let me try to put this in perspective for you.
I spoke with a lot of high ranking officials in Lee County and some of the surrounding jurisdictions yesterday. And they said this was an isolated incident. They have over 500,000 people that live in Lee County. Those are permanent residents; plus the people that visit there all the time. There was only two arrests during the whole hurricane time.
So this was an isolated incident.
You had this guy, he pulls up to the roadblock. There's cars backed up, hundreds of people had already come through this roadblock all morning. They had -- he asked what's going on? They tell him he can't go over there. They ask him to pull over to the side.
There was a lieutenant from the sheriff's department, four deputies and National Guardsmen there.
They said pull over to the side, pal, we'll tell you what's going on. He said, "F you!" He drops the "F" bomb on 'em right off the bat, he says, "F you, I'm not going anywhere."
They said, "Sir, you're blocking traffic. Please move to the side and we'll explain to you what's going on and why you can't go where you want to go."
"F you, I'm not going anywhere."
They tell him four or five times to pull over to the side. He keeps using the profanities, throwing the "F" word out there, with his three kids in the car.
And they tell him, "OK, well, get out of the car."
He says, "F you, I'm not getting out of the car."
And so what are you going to do as a cop? He's now under arrest. How are you -- what are you going to do? He's six feet, 260 pounds from the police report. What are you going to do with him? They used a taser on him. They're not -- I mean it would be ugly, Carol...
COSTELLO: Yes, but was that -- we have Chad in the mix...
BROOKS: Sure.
COSTELLO: ... because Chad and I were arguing about this so much yesterday morning, because he understands it completely from the police perspective. I, frankly, don't, because, you know, you have a hurricane damaged home and homes are pretty important to people...
BROOKS: Sure they are.
COSTELLO: ... in an emotional way.
BROOKS: Sure they are.
COSTELLO: So he just wanted to go and see if his house was still standing.
MYERS: And they were going to do that in an orderly fashion.
BROOKS: Exactly.
MYERS: Everybody was going to get to that spot at one point.
COSTELLO: But the crowd...
BROOKS: And how are you going to get him out of the car? He's got -- he's in there. You've got a six foot, 260 pound guy in a car. I was a cop for 26 years. I've dealt with things like this. What are you going to do? Are you going to reach in and pull him and drag him out from inside the car like has been done in the past? Are you going to use your nightstick or ask for other things you had to get him out? Because he's not coming out of the car.
They used the taser. As the sheriff said, it was a contact taser. It was a quick, one second, to kind of jolt some sense back into him, as I think. And they got him out. And as we saw in the video, they got him out, he walked out, they handcuffed him and he was still. And the police report...
COSTELLO: Well...
BROOKS: ... said he was still using profanity. No policemen were injured. He's not injured...
COSTELLO: Not that I disbelieve the police perspective, but the crowd certainly seemed to be with the homeowner.
BROOKS: Well, he was also asking the crowd -- there was about 20 or 30 people there and he was trying to get them to come over to help him. So -- and you are only, again, in this video, you're only hearing what's going on around the camera and the people there. You're not hearing what's going on up at that car.
MYERS: And you didn't see him try to run the cop over, either.
BROOKS: Exactly. A lot of things happened before this video, before this -- before the video started rolling. We've seen this in a lot of other citizens' videos against the police. Again, not taking the police side, just putting things in perspective.
COSTELLO: I understand. I want to ask you this, though. If the police tell me that it's dangerous to go into a certain area, but I still want to go, can they legally prohibit me from doing that, if I say, you know what, I just want to go see if my home is damaged?
BROOKS: After they've evacuated, after they've had a mandatory evacuation and they're not letting anybody back on, yes. Prior to that -- because I've been involved in incidents like this, in evacuations -- if we'll come up and law enforcement would come up and they'll say, "Sir, ma'am, will you please leave your house?"
"I'm not leaving."
"OK, will you please give me the name of someone we can call, next of kin we can notify after we find your body so we can send them -- so we can send the remains to them?"
MYERS: Correct.
BROOKS: And then kind of these people go, "Well, OK, well, let me give you this name."
They want to stay, the police pulled out.
And as Chad can tell you, he was there, law enforcement and EMS and fire personnel, they pulled out. They're not going to put themselves in danger. But in incidents like this, where they've already set up a perimeter, set up a line for the people's safety, they're not going to let you back on period.
COSTELLO: OK.
Mike Brooks, thank you for joining us this morning.
BROOKS: Thank you, Carol.
COSTELLO: Interesting, isn't it?
Headlines coming your way in two minutes.
(COMMERCIAL BREAK)
COSTELLO: The war, the economy, the search for good jobs. Visit any rural community in America and you'll find the voters who could decide the election based on those very issues.
It is Thursday, August 19.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, U.S. and Iraqi forces are again battling the militia in Najaf and there is some sporadic fighting in Baghdad's Sadr City. In an effort to end it all, Iraq's government is now ordering Shiite cleric Muqtada al-Sadr to announce he is disbanding his army and stepping down.
Homeland security and FBI officials will be among the witnesses when the Senate Judiciary Committee holds a hearing on the 9/11 Commission's recommendations. The hearing gets under way three and a half hours from now.
Google finally goes public today. Stock in the Internet search engine begins trading at $85 a share. Google cut the price yesterday by at least $23.
A Moroccan weight lifter who failed a drug test was sent home from the Olympics today and the Associated Press reports five more weight lifters in Athens have tested positive for drugs -- Chad.
MYERS: And good morning, Carol.
(WEATHER REPORT)
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Aired August 19, 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: In one part of Iraq, this part, fierce street fighting this morning, while calm could be coming to Najaf.
It is Thursday, August 19.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, it's been a year since the attack on U.N. headquarters in Baghdad that killed 22 people, including U.N. envoy Sergio Demello. United Nations officials in New York and elsewhere will hold ceremonies today to remember.
Renewed fighting in Baghdad. U.S. forces are meeting sporadic resistance from the Shiite militia in Sadr City. There is also fighting under way this morning in Najaf. Iraqi forces backed by the U.S. military are taking on the militia loyal to Muqtada al-Sadr. Iraq has given the Muslim cleric an ultimatum to disarm. That happened this morning. We're going to have a live report for you from Iraq in two minutes.
Searching for a stock to buy? Well, the Internet search engine Google goes public today with a stock offering of $85 a share. Initially, Google aimed for a figure of $108 to $135 a share.
And the cleanup from hurricane Charley goes on. The death toll now up to 22. It's estimated insurers will pay out almost $7.5 billion.
To the forecast center and Chad.
CHAD MYERS, CNN METEOROLOGIST: It'll rank it right behind Andrew, you know? It'll rank the damage to this above all other hurricanes, including Camille and Hugo and all those. It'll take it right behind -- and Andrew was obviously a much bigger storm, as well, and hitting a much larger populated area, too, Carol.
(WEATHER REPORT)
COSTELLO: Fresh violence this morning in Sadr City, the Baghdad neighborhood that has long been the center of conflict between U.S. and Iraqi forces and militants. In the meantime, a new deadline and new demands face Muslim cleric Muqtada al-Sadr. He remains holed up in a mosque in Najaf and it seems the Iraqi interim government has had enough.
CNN's John Vause live from Baghdad with the latest.
Things were so hopeful yesterday, but now another ultimatum.
JOHN VAUSE, CNN CORRESPONDENT: That's right, Carol.
We seem to be right back where we were yesterday morning with a deadline, ultimatums and threats being delivered by the interim Iraqi government to Muqtada al-Sadr.
What we are hearing from a press conference in Najaf, from the minister of state, a number of demands being placed on Muqtada al- Sadr. And they say he has just hours to comply. Now, those demands are that Muqtada al-Sadr call some kind of press conference, a media conference, so that the people of Iraq and the Iraqi government can hear him say with his own voice that he is willing to leave the Iman Ali Mosque.
They also want to hear him say that he is willing to dissolve his Mahdi militia. Now, this is a direct reference to yesterday, when al- Sadr's Baghdad office released a letter saying that al-Sadr was willing to comply with a peace initiative put forward by the Iraqi National Conference.
The interim government now saying they want to hear him say it with his own voice.
They also want him to hand over all the weapons and they said that he knows the appropriate place for those weapons to be handed over. They did not say any more than that. They also said that he must free all citizens currently being held, the first time we've heard this charge coming from the Iraqi government directed at Muqtada al-Sadr. They've also said that Muqtada al-Sadr and his followers would not hold court for these people who are currently being held. And they've also said that he will not hold his own army.
One point in all of this, we're also hearing from the interim Iraqi government that Muqtada al-Sadr will not receive an amnesty. He will not receive immunity from prosecution. There are a number of charges against Muqtada al-Sadr. The most serious one is a charge of murder. That involves the death of a rival Shiite cleric.
The deadline for all of this, nothing specific. He has just a few hours to act. The minister of state saying that the Iraqi government has a plan in place. They have a military plan, intelligence. They know how to get him, he said, without causing major damage to the Iman Ali Mosque -- Carol.
COSTELLO: John Vause live in Baghdad this morning.
Thank you. And by the way, the Iraqi prime minister, Iyad Allawi, plans a news conference later this morning that, oh, probably around 10:00 Eastern. CNN, of course, will bring you that live.
More trouble at the notorious Abu Ghraib Prison in Iraq. A fight involving dozens of prisoners has left two detainees dead and five injured. This, as the Army is about to release its findings on the prison abuse scandal. Military sources tell CNN the report will recommend about two dozen more military personnel face investigation. So far, seven soldiers have been charged. The report says no senior officials played a direct role in ordering or allowing prisoners to be abused. The full report due out next week.
Federal prosecutors in Albany, New York admit that a term in a document found in Iraq may have been mistranslated. They say the error has no bearing on their case against two Albany mosque leaders accused of supporting terrorism and laundering money.
Defense lawyers disagree, as CNN's Jason Carroll reports.
(BEGIN VIDEO TAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): An attorney representing one of the defendants in an upstate New York terrorism case gave a scathing rebuke of what he believes the government's case is based on.
TERRY KINDLON, YASSIN AREF'S LAWYER: Given the incredible unreliability of the information that the federal government has thus far presented to the court in this case, we don't know what to believe anymore.
CARROLL: Terry Kindlon says the prosecutor's case is sinking now that they've admitted to making a mistake in dealing with a key piece of evidence succeed with his client, Yassin Aref. Aref is the religious leader of a mosque in Albany, New York. He was arrested, along with mosque cofounder Mohammed Hossain, in an FBI sting. The charges? Laundering money from what they thought was the sale of a surface to air missile.
Prosecutors say Aref's name and address were found in a notebook in an Iraqi terrorist training camp. Military translators said a word next to Aref's name was Arabic for commander. Now, the FBI says it's Kurdish for brother.
Aref's wife says the meeting is clear to her.
UNIDENTIFIED FEMALE: This word in here, it mean brother.
CARROLL: Despite the mistake, prosecutors say the change in translation does not change their case. U.S. Attorney Glenn Suddaby told CNN, "The proof of what they are charged with does not concern whether his name was in the book, which it was."
But Kindlon says the mistake makes a difference. KINDLON: So it went from being something that sounded very sinister and very menacing to something that's completely innocuous. And obviously this changes the tenor of the case radically.
CARROLL (on camera): An indication of whether the mistake changes the tone of the case could be seen when the judge rules on the defendants' request for bail at a hearing next Tuesday.
Jason Carroll, CNN, New York.
(END VIDEO TAPE)
COSTELLO: In other stories across America this Thursday, New Jersey Senator Jon Corzine says he will not pursue the governorship in a special election. Outgoing Governor Jim McGreevey told Corzine he will not leave office until November 15. McGreevey announced last week he was resigning after disclosing an extramarital sexual relationship with a man.
In Gilmore, Arkansas, searchers head back out this morning. They're looking for 7-year-old Patricia Miles. She's been missing since Sunday, when she took off on her pink bicycle for a trip to the grocery store. Her bike was found in a corn field the next day.
In Miami, two people have been charged with abusing their foster child. Four-year-old Rilya Wilson -- remember her? She disappeared three years ago. One of the caregivers, Jeralin Graham, is now charged with kidnapping. Rilya's disappearance shook up Florida's child welfare agency when it was learned caseworkers had not checked on the girl for 15 months.
Your next flight into Chicago's O'Hare might actually be on time. In an effort to cut down delays, there will be 12 fewer arrivals into the airport per hour. That move starts in November. So far this year, only two thirds of the flights at O'Hare have been on time.
So, if you are waiting for good air fares, though, book that trip now, because it may be the time. A travel reporter joins us with the low down on the low prices at 40 past the hour.
But before we get to that, at 13 minutes past the hour, we're talking about the latest development in the Scott Peterson murder trial. Find out what some -- find out what caused some groans to be heard in the courtroom.
And that taser incident that has Florida talking? Police say it was justified. Witnesses say it was out of line. We'll have more on that for you.
But first, here's a look at what else is making news this Thursday morning.
(COMMERCIAL BREAK)
COSTELLO: Welcome back to DAYBREAK. A surprise in the Scott Peterson case. The trial was called to a temporary halt because there is new evidence potentially important to the case. We suspect it may be important to the defense, since Peterson's family seems to be in the know.
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QUESTION: Anybody have an idea why we're out of court today?
UNIDENTIFIED MALE: Yes, but we can't say.
UNIDENTIFIED FEMALE: It's not fun that things get slowed down, but it's, you know, we have to trust that things are being done right. The judge is -- he knows what he's doing.
(END VIDEO CLIP)
COSTELLO: So, time for a little "Coffey Talk" now.
Kendall Coffey, our legal analyst, live in New York this morning -- good morning, Kendall.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning.
COSTELLO: So what do you suspect this secret evidence is?
COFFEY: Oh, boy, the joys of a gag order. All we can do is guess. And the most logical thing is it has something to do with Amber Frey, because they're delaying the beginning of her cross- examination.
But as to what it is, it could be anything from information about Amber Frey that the defense wants to bring in to impeach her or it could be simply mistakes in some of the tape recordings, unexplained gaps that the defense wants to get to before they start with their own attack on Amber Frey, which now is scheduled for Monday.
COSTELLO: I know the judge has prohibited questions about Frey's dating history. But why would Geragos be interested in that particular line of questioning?
COFFEY: Well, it looks like they are getting ready for an all out assault on Amber Frey. And one of the things they want to present is that she was somebody who was really pursuing Scott Peterson. That she was somebody who was maybe in love with him and when she was spurned, she decided to get in league with the prosecution and set him up, which could look pretty nasty, pretty heartless from the standpoint of the jury.
But I think there's a lot of risk in going six guns blazing after Amber Frey, because at the end of the day, they can try to discredit her, but they can't discredit the sound of Scott Peterson's own voice on those tapes. And that's the biggest problem the defense has right now.
COSTELLO: I was going to say, what difference does it make? This is still a man who had an affair on his pregnant wife.
COFFEY: Not much at all. And I think as we got toward the end, the prosecution was able to establish some key points. This wasn't just the usual pack of lies from a cheating married man. They were devious lies, there was scheming stuff, heartless stuff. We recall that on the night of the vigil for Laci Peterson, this guy was making up all this elaborate stuff about being in Paris.
And some of the most recent tapes showed a guy who might have actually been obsessed with Amber Frey, had to look into her eyes even after she does her press conference. He's leaving gifts for her on the night, on the day that his own unborn son's birth was due. Looking pretty bad for Scott Peterson right now.
COSTELLO: It looks so. And cross-examination is supposed to take place Monday now.
Kendall Coffey live on the phone from New York this morning.
COFFEY: Hey, thanks so much.
COSTELLO: Your news, money, weather and sports.
It is 6:15 Eastern.
Here's what's all new this morning.
Sporadic fighting in Najaf; in Baghdad's Sadr City today. Just about an hour ago, Iraq's minister of state said radical cleric Muqtada al-Sadr has only a few hours to order his militia to disarm and leave that sacred mosque in Najaf.
In central Washington, a wildfire has burned at least 11,000 acres. Hundreds of residents were forced from their homes. No deaths or injuries reported.
In money news, oil prices continue to barrel past record breaking highs. Light crude is now above $47 a barrel. New worries about violence in Iraq and a drop in the U.S. oil reserves triggered that latest increase.
In culture, Hooters is hitting the Las Vegas strip. The hotel San Remo will be refashioned into a Hooters Hotel Casino. Plans include a tropical theme, with lots of big things, like a super sized pool, big restaurants and other things.
In sports, gymnast Paul Hamm is the first American to bring home Olympic gold in the men's all around, and what a rally. Hamm also fell into a judge's table after his vault. He went from first place to twelfth, but then he came back. Stellar performances on his last two events were enough. He got the gold by 12,000ths of a point. An amazing comeback story -- Chad.
MYERS: And a lot of folks in the stands there. We've been talking how empty the stands have been, but obviously last night a lot of folks wanted to see this. So that's some good news. Folks are actually showing up now.
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COSTELLO: Those are the latest headlines for you.
Troubling use of a taser or a legitimate use of force? It's a debate now in Florida, where some tempers were flaring in the aftermath of Charley. Yes, we have an update on this story for you.
And later, the rural vote -- why are the candidates spending so much time outside of urban areas? We'll discuss it with a reporter who covers some of that territory.
This is DAYBREAK.
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UNIDENTIFIED MALE: I have three kids at home.
UNIDENTIFIED MALE: Leave him alone, man! He's frustrated. Oh, come on, man, he's frustrated. He's frustrated, man. What the hell are you doing? That is so wrong. Why do you got do like that in front of the children, man? Oh, come on, man!
UNIDENTIFIED MALE: Oh, my god.
UNIDENTIFIED MALE: (OBSCENE WORDS OMITTED).
UNIDENTIFIED MALE: Man, that's wrong. That man was wrong.
UNIDENTIFIED MALE: That was wrong.
UNIDENTIFIED MALE: That man was wrong.
(END VIDEO CLIP)
COSTELLO: This was an ugly, ugly incident. We talked so much about this yesterday, we had to update you today. It's about that taser incident in Florida. A resident was trying to get to his hurricane damaged home. Police say he tried to run a roadblock. He lunged at sheriff's deputies, who hit him with a taser.
The Lee County sheriff is now defending the action.
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SHERIFF ROD SHOAP, LEE COUNTY, FLORIDA: He was yelling at us, cursing at our officers and trying to incite a group of citizens across the street into getting involved, and they were. They were starting to yell. In fact, on your video, you can hear them yelling, using the same profanity.
So finally we had to arrest him. He's a rather large person, would not cooperate, and we had to do a contact tase, which is about a second shot of taser on the skin.
(END VIDEO CLIP)
COSTELLO: CNN's Mike Brooks, a 26-year veteran of D.C.'s Metropolitan Police Department, joins us now to discuss the use of police force in this kind of situation -- and, Mike, from a police officer's standpoint, describe this incident.
MIKE BROOKS, CNN CORRESPONDENT: Let me try to put this in perspective for you.
I spoke with a lot of high ranking officials in Lee County and some of the surrounding jurisdictions yesterday. And they said this was an isolated incident. They have over 500,000 people that live in Lee County. Those are permanent residents; plus the people that visit there all the time. There was only two arrests during the whole hurricane time.
So this was an isolated incident.
You had this guy, he pulls up to the roadblock. There's cars backed up, hundreds of people had already come through this roadblock all morning. They had -- he asked what's going on? They tell him he can't go over there. They ask him to pull over to the side.
There was a lieutenant from the sheriff's department, four deputies and National Guardsmen there.
They said pull over to the side, pal, we'll tell you what's going on. He said, "F you!" He drops the "F" bomb on 'em right off the bat, he says, "F you, I'm not going anywhere."
They said, "Sir, you're blocking traffic. Please move to the side and we'll explain to you what's going on and why you can't go where you want to go."
"F you, I'm not going anywhere."
They tell him four or five times to pull over to the side. He keeps using the profanities, throwing the "F" word out there, with his three kids in the car.
And they tell him, "OK, well, get out of the car."
He says, "F you, I'm not getting out of the car."
And so what are you going to do as a cop? He's now under arrest. How are you -- what are you going to do? He's six feet, 260 pounds from the police report. What are you going to do with him? They used a taser on him. They're not -- I mean it would be ugly, Carol...
COSTELLO: Yes, but was that -- we have Chad in the mix...
BROOKS: Sure.
COSTELLO: ... because Chad and I were arguing about this so much yesterday morning, because he understands it completely from the police perspective. I, frankly, don't, because, you know, you have a hurricane damaged home and homes are pretty important to people...
BROOKS: Sure they are.
COSTELLO: ... in an emotional way.
BROOKS: Sure they are.
COSTELLO: So he just wanted to go and see if his house was still standing.
MYERS: And they were going to do that in an orderly fashion.
BROOKS: Exactly.
MYERS: Everybody was going to get to that spot at one point.
COSTELLO: But the crowd...
BROOKS: And how are you going to get him out of the car? He's got -- he's in there. You've got a six foot, 260 pound guy in a car. I was a cop for 26 years. I've dealt with things like this. What are you going to do? Are you going to reach in and pull him and drag him out from inside the car like has been done in the past? Are you going to use your nightstick or ask for other things you had to get him out? Because he's not coming out of the car.
They used the taser. As the sheriff said, it was a contact taser. It was a quick, one second, to kind of jolt some sense back into him, as I think. And they got him out. And as we saw in the video, they got him out, he walked out, they handcuffed him and he was still. And the police report...
COSTELLO: Well...
BROOKS: ... said he was still using profanity. No policemen were injured. He's not injured...
COSTELLO: Not that I disbelieve the police perspective, but the crowd certainly seemed to be with the homeowner.
BROOKS: Well, he was also asking the crowd -- there was about 20 or 30 people there and he was trying to get them to come over to help him. So -- and you are only, again, in this video, you're only hearing what's going on around the camera and the people there. You're not hearing what's going on up at that car.
MYERS: And you didn't see him try to run the cop over, either.
BROOKS: Exactly. A lot of things happened before this video, before this -- before the video started rolling. We've seen this in a lot of other citizens' videos against the police. Again, not taking the police side, just putting things in perspective.
COSTELLO: I understand. I want to ask you this, though. If the police tell me that it's dangerous to go into a certain area, but I still want to go, can they legally prohibit me from doing that, if I say, you know what, I just want to go see if my home is damaged?
BROOKS: After they've evacuated, after they've had a mandatory evacuation and they're not letting anybody back on, yes. Prior to that -- because I've been involved in incidents like this, in evacuations -- if we'll come up and law enforcement would come up and they'll say, "Sir, ma'am, will you please leave your house?"
"I'm not leaving."
"OK, will you please give me the name of someone we can call, next of kin we can notify after we find your body so we can send them -- so we can send the remains to them?"
MYERS: Correct.
BROOKS: And then kind of these people go, "Well, OK, well, let me give you this name."
They want to stay, the police pulled out.
And as Chad can tell you, he was there, law enforcement and EMS and fire personnel, they pulled out. They're not going to put themselves in danger. But in incidents like this, where they've already set up a perimeter, set up a line for the people's safety, they're not going to let you back on period.
COSTELLO: OK.
Mike Brooks, thank you for joining us this morning.
BROOKS: Thank you, Carol.
COSTELLO: Interesting, isn't it?
Headlines coming your way in two minutes.
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COSTELLO: The war, the economy, the search for good jobs. Visit any rural community in America and you'll find the voters who could decide the election based on those very issues.
It is Thursday, August 19.
This is DAYBREAK.
And good morning to you.
From the CNN Global Headquarters in Atlanta, I'm Carol Costello.
Now in the news, U.S. and Iraqi forces are again battling the militia in Najaf and there is some sporadic fighting in Baghdad's Sadr City. In an effort to end it all, Iraq's government is now ordering Shiite cleric Muqtada al-Sadr to announce he is disbanding his army and stepping down.
Homeland security and FBI officials will be among the witnesses when the Senate Judiciary Committee holds a hearing on the 9/11 Commission's recommendations. The hearing gets under way three and a half hours from now.
Google finally goes public today. Stock in the Internet search engine begins trading at $85 a share. Google cut the price yesterday by at least $23.
A Moroccan weight lifter who failed a drug test was sent home from the Olympics today and the Associated Press reports five more weight lifters in Athens have tested positive for drugs -- Chad.
MYERS: And good morning, Carol.
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