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American Morning
Michael Jackson Pretrial Hearing Picks Up Again This Morning; Mark Geragos Expected to Cross-Examine Amber Frey
Aired August 23, 2004 - 09:31 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: Welcome back, everyone. Welcome back, 9:30 here in New York. A critical pretrial hearing starting up again today in California that could make or break the case. We'll get a live report of what's happening on the Jackson front, what's planned for today anyway.
DARYN KAGAN, CNN ANCHOR: Also, the other high-profile case in California, Scott Peterson's trial resumes. It's supposed to at least, this morning in Redwood City. Amber Frey scheduled to be back on the witness stand. We'll look at what may be in store for her when Mark Geragos starts asking her questions.
HEMMER: And what have we been wondering all morning? how tough will Geragos get.
KAGAN: Different opinions. Might have to be nice.
HEMMER: We'll see. That's right.
Also, everyone knows it's easier to start a fitness program than it is to stay on one.
KAGAN: That is true.
In a few moments, Sanjay's back to tell us the five people who took part in our "New You" series back in January and in February, how they're doing now.
HEMMER: Imagine having cameras following you seven months later?
KAGAN: Some people think it helps.
HEMMER: It might. It might. We'll see.
Carol Costello, meanwhile, has the other news this morning.
Carol, good morning to you at the CNN Center.
CAROL COSTELLO, CNN ANCHOR: Good morning there in New York. Bill, Thank you.
There are reports of an explosion in a Turkish resort city. According to the Turkish state-run news agency, at least one person has been killed. One other person has reportedly been injured. It is not clear what caused that blast. Numerous explosions and heavy gunfire are being reported around the Ali Imam Mosque in Najaf. A spokesman for the radical cleric Muqtada Al Sadr says American aircraft pounded militia posting around the site. The U.S. military has not confirmed this report, and it's not clear if there were any injuries at all.
In about half an hour, more hearings on the 9/11 report are set to resume on Capitol Hill. The Financial Services Committee will focus on financing terrorist organizations. The House Judiciary Committee will also hold a hearing at 10:00 a.m. Eastern.
And today marks the official dedication of the National Underground Railroad Freedom Center in Cincinnati, Ohio. Among the celebrities participating in the opening of that museum, that documents the escape route of black slaves, of course, actors Angela Bassett and talk show host Oprah Winfrey. First lady Laura Bush will also be there tonight.
Back to you, Daryn.
KAGAN: Carol, thank you.
Michael Jackson's lawyers in California, prosecutors are apparently arguing over evidence that is central to the case. But they've kept that evidence a secret. A pretrial hearing picks up again this morning.
Miguel Marquez live early this morning in Santa Maria, California.
Miguel, good morning.
MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you, Daryn.
There is a ton of evidence in this case. We don't know what a lot of it is, because everything has been sealed by the judge, but at least 72 search warrants in this case, gives you an idea of just how much evidence we are talking about here.
What's happening today is a continuation of a suppression of evidence hearing, one that started last Monday, when Mr. Jackson and all of his siblings showed up here in white. Latoya, Janet, Randy, Jermaine and Jackie were all in tow, as well as Joe and Katherine, their parents. They came to watch Tom Sneddon, the Santa Barbara district attorney, the man who is prosecuting Mr. Jackson, testify.
Jackson lawyers are contesting the evidence on two different fronts here. One is this issue of a private investigator in Beverly Hills, Bradley Miller. His office was searched by investigators. But Jackson's lawyers say they should have known that he was working for Mark Geragos, Mr. Jackson's attorney then. So all of that evidence in there would be covered under attorney-client privilege.
The other one is they are saying that the search of Neverland Ranch was too broad, given the search warrants that a judge signed, so they will be going after that point again today. Two more witnesses are expected today. Today is expected to be the last day for this hearing. I should say expected. But there is at least one more day of hearing for this entire process later this month on September 17th, which will be another big day here, when the accuser's mother is set to testify -- Daryn.
KAGAN: Miguel Marquez in Santa Maria, thank you.
HEMMER: Also in California, a different courtroom, a much anticipated in the Scott Peterson double-murder trial. The defense, Mark Geragos, expected to cross-examine the star prosecution witness Amber Frey, this after a surprise delay last week.
And Rusty Dornin live in Redwood City.
Rusty, good morning there.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Bill, you know, the last time there was a delay because of newly discovered evidence, we never heard any of the details in court. It's unlikely that we think that will happen again today also. Of course, the highly anticipated cross-examination of Amber Frey by Mark Geragos, some billing it as the prosecution's star witness, and her grand inquisitor.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): Just what is fair game for defense attorney Mark Geragos in his questioning of Scott Peterson's former mistress Amber Frey? That's the question the court may address when it resumes Monday morning after an unexpected delay last week.
A source close to the case tells CNN the delay in Frey's cross- examination came after prosecutors tried to stop the defense from using additional recordings of phone conversations between Frey and Scott Peterson beyond the 43 calls that were already played in court. According to the source, the judge approved their request, but only if Frey refers to those additional calls when answering questions during cross-examination.
Frey's attorney says her client has already revealed intimate details of her private life. And for her, the delay has been unnerving.
GLORIA ALLRED, AMBER FREY ATTORNEY: She may have to reveal more on the witness stand. And I'm sure that's not going to be easy.
DORNIN: Scott Peterson's father, Lee, was expected to be called by prosecutors as a witness last Thursday. Lee Peterson testified at the preliminary hearing that he did not know his son bought a boat, nor did Scott tell him he went fishing in a phone conversation on Christmas Eve, the day Laci Peterson disappeared.
Amber Frey is due back on the stand Monday morning. The cross- examination is expected to last one to two days.
(END VIDEOTAPE) DORNIN: Defense Attorney Mark Geragos is not expected to be overly aggressive. We do know who's going to use a Powerpoint presentation when he does his cross-examination of Miss Frey.
Also, we are expecting her up this morning, but we are told there could be a witness that is out of order that will be testifying before Frey -- Bill.
HEMMER: We will wait and watch.
Thank you, Rusty. Rusty Dornin in California.
(WEATHER REPORT)
HEMMER: In a moment here, if you count on overtime to make ends meet, stick around. Andy's "Minding Your Business," has the 411 on that new OT plan for the country. We'll get to that in a movement
KAGAN: Plus, some 90-second pop. Michael Jackson named himself the King of Pop, but there's one nickname he says he could do without. We'll tell you, ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
HEMMER: It was 1983, right -- '83? All right. Twenty-one short years ago.
Welcome back. "90-Second Pop" on a Monday. Say hello to Sarah Bernard, contributing editor for "New York" magazine.
Good morning, Sarah.
SARAH BERNARD, "NEW YORK" MAGAZINE: Good morning.
HEMMER: "Rolling Stone" contributing editor Toure is back today.
Good morning.
TOURE, "ROLLING STONE": Thanks.
HEMMER: And comedian Jessi Klein, contributor to VH1, and the hottest thing going is what we understand.
(CROSSTALK)
JESSI KLEIN, COMEDIAN, VH1 CONTRIBUTOR: Oh, stop it.
HEMMER: Give us the goods, girl.
Michael Jackson is miffed. He put out a statement at the end of last week that says he doesn't want to be referred anymore as, what, "Wacko Jacko?"
KLEIN: Apparently he's sick of being called "Wacko Jacko." Here's the thing: Michael Jackson has obviously taken a beating in the press, and it's getting worse and worse as his trial approaches.
But here's my thing: This guy has mangled his own face. He dangled his baby over a balcony. He at least sleeps in a bed with boys that he doesn't know. I think "Wacko Jacko" is kind. I think it's pretty generous. It could get a lot worse.
BERNARD: Do you know what I think it is? He didn't go to probably a proper prep school, a high school situation. He was on tour with his brothers. He doesn't understand you can't pick your own nicknames.
KLEIN: That's right. It's not a choice.
BERNARD: It's not like...
KLEIN: It is not a choice.
BERNARD: Yes.
TOURE: If you could, like -- like, the American mind, like remember "Eternal Sunshine of the Spotless Mind?" If you go inside the American mind and you'd see Michael Jackson, and weirdness would be hung all over him. You can't separate them.
HEMMER: Tough to escape, huh?
TOURE: Yes.
HEMMER: On the one hand, don't dangle the baby.
KLEIN: Don't dangle the baby!
BERNARD: Yes.
HEMMER: Pull it back.
TOURE: Don't have children with other women.
KLEIN: Yes, yes.
HEMMER: The second topic, Toure -- let's talk about the Olympics.
TOURE: Let's talk the Olympics.
HEMMER: First, it was Puerto Rico. Then it was Lithuania. Look out, Angola, baby, because the U.S. men's hoops team is back on the floor. What is happening with this group?
TOURE: Well, I mean, we know they can't shoot, because that's not what the culture of the NBA is about. The culture of the NBA is about slam dunks. And the rules of the NBA are made so that you can get slam dunks and lay-ups in the paint, and the international games are not about that. The NBA is sending its superstars to lose. This is embarrassing for everyone. HEMMER: Who would pick that strategy then? If you are going to take a team to the Olympics, you know every team around the world plays zone defense. So, you've got to get some shooters.
TOURE: And they are all playing together for years and years. We've got to send like the best NBA team or third best NBA team.
BERNARD: But they're on trial.
(CROSSTALK)
TOURE: Or maybe the best college team. But like, to send an all-star collection, it doesn't work when the other teams are playing together for years and years.
KLEIN: Or maybe the NBA just needs to start teaching players fundamental basketball again.
HEMMER: Well...
KLEIN: How about that? It's a crazy idea, a crazy idea.
HEMMER: I read a stat here, Sarah, only the second loss since the Dream Team was put together in 1992, is that right?
TOURE: No, this is only the second loss -- this is the fourth loss in competition ever.
HEMMER: The fourth loss since then?
TOURE: Ever! They've lost twice before this one and twice in this Olympiad.
BERNARD: OK. But you guys are being so harsh, because they could still win a medal. It's still possible.
TOURE: A medal is pathetic.
KLEIN: I think I see a pig flying past...
TOURE: Like a bronze medal is pathetic.
HEMMER: You know what, Sarah? I think your conventional wisdom, going against it is exactly right. They could still medal. And you watch for that.
BERNARD: Yes? They could still medal, and then everybody will have to talk about it.
HEMMER: Larry Brown will be coming back for you.
TOURE: Anything less than a gold is pathetic.
HEMMER: We got to run. Thanks. Good to see all three of you on a Monday -- Daryn?
(END VIDEOTAPE)
KAGAN: And for our viewers, if the suspense is totally killing you, then don't listen. But the score of USA against Angola -- 89-54. The U.S. pulls it out.
JACK CAFFERTY, CNN ANCHOR: Well, it's -- correct me if I'm wrong. Didn't the previous Dream Teams that did so well in the Olympics play by the same NBA rules than these bunch of guys that are over there losing to territories and islands and stuff?
KAGAN: Yes -- yes, they did. I think the quality of player you have is not like when you had Barkley and Jordan and those guys playing.
CAFFERTY: That's fine. I mentioned that the other morning.
KAGAN: No one listens to you?
CAFFERTY: Got in trouble for that, too. Surprise, surprise.
KAGAN: You? In trouble?
What about today's answers.
CAFFERTY: The question is: Do you think Congress is moving in the right direction on this intelligence reform? We had this thing come out over the weekend that the Senate Intelligence Committee's got some ideas on how they want to make some changes now.
Sheldon in Forksville, Virginia, writes: "Congress is wise to be putting some of these decisions off until after the November election. Actually, our present intelligence gathering system is not all that badly flawed. We simply don't have leadership competent enough to make it work."
Fenton in New Rochelle writes: "There's a real danger that, if not constituted properly, this new national intelligence directorate will become an American KGB." Be careful what you wish for. "Also bear in mind, we truly don't know how affective the current intelligence organizations are because we're only told about the failures."
And finally, Ron in San Antonio: "Congress just doesn't get it. Their motives, like Bush's, are political, self-serving, and have nothing to do about the security of United States. We need to restructure Congress by voting them all out of office!"
Am@cnn.com. No, we're done. Don't write anymore. I don't want to hear from you until tomorrow. Leave me alone.
KAGAN: We can never leave you alone, Jack.
HEMMER: What are your thoughts on Olympic basketball, Jack? Never mind.
A lot of changes in overtime starting today. In fact, new rules go into effect -- who wins and who loses. Andy Serwer is "Minding Your Business" -- here to help sort it all out for us, and we need the help, too.
Good morning to you.
ANDY SERWER, CNN ANCHOR: Good morning.
HEMMER: First -- the markets. How are we looking down on Wall Street?
SERWER: Let's do that. Stocks trading up a little bit this morning, Bill. The Dow is up, what, about 12 points now? Down three? You know, if I don't watch that thing every second, it will happen to me.
What's moving this morning? Wal-Mart is down a bit; says its August sales are weak. That's because back to school is not really kicking in yet, and they had to close a lot of stores in Florida because of the hurricane. FedEx is moving up. Their numbers continue to impress the Street -- up $2 to $81. Price of oil is down a little bit.
Let's talk about the new overtime guidelines, Bill, because they are confusing. They're out today. It's official. New guidelines, the overtime for first time in several decades. Now, the White House saying only 100,000 people will be off of overtime. So, liberal think tanks and Democrats saying as many as six million. Wouldn't it be surprising if the answer was somewhere in between? Would you be surprised?
Let's check out some of the new guidelines. Here's how it works. If you have a set salary, you will not be able to receive overtime. You've got to get paid by the hour to get time-and-a-half to get OT. If you make over $100,000, you will not receive OT; if you make less than 23, you will get OT. If you're in the middle, let's go to number three, then you only get overtime if you are not an administrative professional or an executive. In other words, if you're a white- collar type, you can't get overtime anymore.
And that is a huge gray area here, Bill, because so many people say managers of fast-food restaurants, sort of in between a white collar and a blue collar job.
I want to talk about a few categories here of people who can't get overtime, because this is where it all comes down. Here's some job categories. I mean, you can see here: Chefs -- what have we got -- pharmacists, embalmers -- see, the guys on "Six Feet Under"...
HEMMER: Yes?
SERWER: You guys aren't going to be able to get overtime anymore.
HEMMER: You're out.
SERWER: None of these funeral directors, embalmers. HEMMER: How about these reporters?
SERWER: And journalists, the same kind of thing, you know? You know, no more overtime, as well as you can see some of the other categories here.
So, it will be interesting to see how this shakes out going forward, because obviously time-and-a-half is a big part of people's salaries.
HEMMER: How in the world do they come up with those categories?
SERWER: You know, these are the types of jobs that are sort of white collar jobs where people have been working overtime, and they're saying, you know, you're really sort of a managerial type -- those embalmers, I guess? You know, supervising -- we don't want to go there.
HEMMER: I guess.
SERWER: I guess. It's very fuzzy. You know, we should let Jack weigh in. But no. Probably the higher-ups...
HEMMER: Great to have you back, by the way.
SERWER: Thank you. Good to see you.
HEMMER: You, too. Here's Daryn.
KAGAN: He's making embalming jokes.
HEMMER: Yes, I knew he was.
KAGAN: Help me here.
HEMMER: We want to get him going.
KAGAN: OK, still to come, we're going to check in on a few old friends. Remember the five viewers who took part in our "New You" segment to start off the year? Well, Dr. Sanjay Gupta is checking in to see how they're doing.
Stay with us on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: January and February, we challenged AMERICAN MORNING viewers to take their own "New You" resolutions to feel better, get fit. Out of the thousands of people who e-mailed us, we chose five to take the physical and mental challenge. Cameras rolling by the way, too.
KAGAN: Yes, for eight weeks, we followed them through their ups and downs, and we haven't left them alone. It's been six months since we saw the fab five last time.
Dr. Sanjay Gupta joins us from CNN Center to begin our six-month checkup.
Hello, Sanjay.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Yes, I'm not very good at leaving people alone, Daryn, that's right. After an intense eight weeks and lots of individual successes, all five new viewers have had a few months to either keep it up or to drop the ball. This week, we're going to see how each one is doing.
But first, here's a refresher on our "New You" team.
(BEGIN VIDEOTAPE)
GUPTA (voice over): Last January, five viewers from around the country took on a "New You" resolution to change their lives and improve themselves both physically and mentally. For eight weeks we followed their successes and their pitfalls.
Our stressed-out businessman, 44-year-old David Peck, a husband, father of two. He was concerned about his strong family history of heart disease and his own high-stress career.
DAVID PECK, "NEW YOU" PARTICIPANT: The stress to go down, the energy to go up, and lose weight.
GUPTA: After abnormal stress test results at the doctor's office, he traded in his fast-paced high-travel job for one closer to home and lost 10 pounds in the process. So, has David managed to stay out of the rat race?
Our youngest participant, 25-year-old Kimberly Everett, a busy single woman working two jobs. She knew her typical meals of cheese sticks or fried foods needed to change to get the figure she wanted.
KIMBERLY EVERETT, "NEW YOU" PARTICIPANT: I'm going to be so sexy you guys are not going to be able to stand me.
UNIDENTIFIED FEMALE: Kim is not doing to do the diet.
EVERETT: Yes, I am!
GUPTA: Despite a couple of skipped training sessions and some doubts of determination from her sister, Toy (ph), Kim dropped 8 inches, 10 pounds and 4 percent body fat in just two months. So, did Kim continue to prove sis wrong by keeping it off?
Our pack-a-day smoker, 32-year-old Kathryn Burkholder, she looked healthy, but she couldn't quit the habit, even after trying 12 times.
KATHRYN BURKHOLDER, "NEW YOU" PARTICIPANT: In an hour I could probably smoke 10 cigarettes if I just sat here and did it. And it wouldn't be hard for me to do that.
GUPTA: With the aid of counseling and medication, she quit cold turkey. With "New You," she went cigarette-free for two months and didn't pack on any additional pounds. Now that she's off the medication, has she stayed smoke-free?
Our new parents, Pam and Michael Kirkbride, after the birth of their baby girl, Olivia, they were sleepless, exhausted, and had gained 40 pounds together. As Michael worked two jobs and studied for his MBA, Pam dealt with coping as a working mom.
PAM KIRKBRIDE, "NEW YOU" PARTICIPANT: I'm pretty much on the go and I hide the fact that I'm tired all the time.
MICHAEL KIRKBRIDE, "NEW YOU" PARTICIPANT: They're going to help you find time to go to the gym and eat well? Bring it well.
GUPTA: "New You" made them find the time to take care of themselves, and in the two months they shed 27 pounds together. Did the new parents keep it up after the cameras were turned off?
(END VIDEOTAPE)
GUPTA: And there they are. The fab five. That's the "New You" fab five. Experts say a habit is formed in three weeks. These folks kept it up for eight.
But have they made permanent lifestyle changes, or did they fall off the plan once we disappeared? That's the question we're going to answer this week, Daryn.
KAGAN: And you're going to do it parts past by participant? Who do we check in on first, Sanjay?
GUPTA: Well, we're going check in with David Peck. You'll remember him. He's the stressed-out businessman, the guy that had a pretty tough lifestyle. You're going to find some surprises. We also recommended soy for him. We want to know what he thought of the taste, and whether he was able to stick with that as well. We'll tell you why we recommended that as well. That's all tomorrow, Daryn.
KAGAN: Good, tasty.
HEMMER: I know a few other stressed-out businessmen right here with me on the couch.
KAGAN: We'll check in with David. Sanjay, thanks for that.
HEMMER: Make sure you join us all week long for our "New You" six-month checkup here on AMERICAN MORNING. We'll check back in with all of our participants throughout the week.
Coming up next hour on CNN, we are hanging 10 with a surfing expert. Love this. Betty Nguyen talks to the author of "Have Board, Will Travel." I bet. All about the story, the history of surfing, skating and "snowmoboarding," next hour here. We're back in a moment on AMERICAN MORNING, after this.
(COMMERCIAL BREAK)
HEMMER: We are way out of time. Have a great Monday. Here's Betty Nguyen at the CNN Center, taking you through the next hour.
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 23, 2004 - 09:31 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Welcome back, everyone. Welcome back, 9:30 here in New York. A critical pretrial hearing starting up again today in California that could make or break the case. We'll get a live report of what's happening on the Jackson front, what's planned for today anyway.
DARYN KAGAN, CNN ANCHOR: Also, the other high-profile case in California, Scott Peterson's trial resumes. It's supposed to at least, this morning in Redwood City. Amber Frey scheduled to be back on the witness stand. We'll look at what may be in store for her when Mark Geragos starts asking her questions.
HEMMER: And what have we been wondering all morning? how tough will Geragos get.
KAGAN: Different opinions. Might have to be nice.
HEMMER: We'll see. That's right.
Also, everyone knows it's easier to start a fitness program than it is to stay on one.
KAGAN: That is true.
In a few moments, Sanjay's back to tell us the five people who took part in our "New You" series back in January and in February, how they're doing now.
HEMMER: Imagine having cameras following you seven months later?
KAGAN: Some people think it helps.
HEMMER: It might. It might. We'll see.
Carol Costello, meanwhile, has the other news this morning.
Carol, good morning to you at the CNN Center.
CAROL COSTELLO, CNN ANCHOR: Good morning there in New York. Bill, Thank you.
There are reports of an explosion in a Turkish resort city. According to the Turkish state-run news agency, at least one person has been killed. One other person has reportedly been injured. It is not clear what caused that blast. Numerous explosions and heavy gunfire are being reported around the Ali Imam Mosque in Najaf. A spokesman for the radical cleric Muqtada Al Sadr says American aircraft pounded militia posting around the site. The U.S. military has not confirmed this report, and it's not clear if there were any injuries at all.
In about half an hour, more hearings on the 9/11 report are set to resume on Capitol Hill. The Financial Services Committee will focus on financing terrorist organizations. The House Judiciary Committee will also hold a hearing at 10:00 a.m. Eastern.
And today marks the official dedication of the National Underground Railroad Freedom Center in Cincinnati, Ohio. Among the celebrities participating in the opening of that museum, that documents the escape route of black slaves, of course, actors Angela Bassett and talk show host Oprah Winfrey. First lady Laura Bush will also be there tonight.
Back to you, Daryn.
KAGAN: Carol, thank you.
Michael Jackson's lawyers in California, prosecutors are apparently arguing over evidence that is central to the case. But they've kept that evidence a secret. A pretrial hearing picks up again this morning.
Miguel Marquez live early this morning in Santa Maria, California.
Miguel, good morning.
MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you, Daryn.
There is a ton of evidence in this case. We don't know what a lot of it is, because everything has been sealed by the judge, but at least 72 search warrants in this case, gives you an idea of just how much evidence we are talking about here.
What's happening today is a continuation of a suppression of evidence hearing, one that started last Monday, when Mr. Jackson and all of his siblings showed up here in white. Latoya, Janet, Randy, Jermaine and Jackie were all in tow, as well as Joe and Katherine, their parents. They came to watch Tom Sneddon, the Santa Barbara district attorney, the man who is prosecuting Mr. Jackson, testify.
Jackson lawyers are contesting the evidence on two different fronts here. One is this issue of a private investigator in Beverly Hills, Bradley Miller. His office was searched by investigators. But Jackson's lawyers say they should have known that he was working for Mark Geragos, Mr. Jackson's attorney then. So all of that evidence in there would be covered under attorney-client privilege.
The other one is they are saying that the search of Neverland Ranch was too broad, given the search warrants that a judge signed, so they will be going after that point again today. Two more witnesses are expected today. Today is expected to be the last day for this hearing. I should say expected. But there is at least one more day of hearing for this entire process later this month on September 17th, which will be another big day here, when the accuser's mother is set to testify -- Daryn.
KAGAN: Miguel Marquez in Santa Maria, thank you.
HEMMER: Also in California, a different courtroom, a much anticipated in the Scott Peterson double-murder trial. The defense, Mark Geragos, expected to cross-examine the star prosecution witness Amber Frey, this after a surprise delay last week.
And Rusty Dornin live in Redwood City.
Rusty, good morning there.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Bill, you know, the last time there was a delay because of newly discovered evidence, we never heard any of the details in court. It's unlikely that we think that will happen again today also. Of course, the highly anticipated cross-examination of Amber Frey by Mark Geragos, some billing it as the prosecution's star witness, and her grand inquisitor.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): Just what is fair game for defense attorney Mark Geragos in his questioning of Scott Peterson's former mistress Amber Frey? That's the question the court may address when it resumes Monday morning after an unexpected delay last week.
A source close to the case tells CNN the delay in Frey's cross- examination came after prosecutors tried to stop the defense from using additional recordings of phone conversations between Frey and Scott Peterson beyond the 43 calls that were already played in court. According to the source, the judge approved their request, but only if Frey refers to those additional calls when answering questions during cross-examination.
Frey's attorney says her client has already revealed intimate details of her private life. And for her, the delay has been unnerving.
GLORIA ALLRED, AMBER FREY ATTORNEY: She may have to reveal more on the witness stand. And I'm sure that's not going to be easy.
DORNIN: Scott Peterson's father, Lee, was expected to be called by prosecutors as a witness last Thursday. Lee Peterson testified at the preliminary hearing that he did not know his son bought a boat, nor did Scott tell him he went fishing in a phone conversation on Christmas Eve, the day Laci Peterson disappeared.
Amber Frey is due back on the stand Monday morning. The cross- examination is expected to last one to two days.
(END VIDEOTAPE) DORNIN: Defense Attorney Mark Geragos is not expected to be overly aggressive. We do know who's going to use a Powerpoint presentation when he does his cross-examination of Miss Frey.
Also, we are expecting her up this morning, but we are told there could be a witness that is out of order that will be testifying before Frey -- Bill.
HEMMER: We will wait and watch.
Thank you, Rusty. Rusty Dornin in California.
(WEATHER REPORT)
HEMMER: In a moment here, if you count on overtime to make ends meet, stick around. Andy's "Minding Your Business," has the 411 on that new OT plan for the country. We'll get to that in a movement
KAGAN: Plus, some 90-second pop. Michael Jackson named himself the King of Pop, but there's one nickname he says he could do without. We'll tell you, ahead on AMERICAN MORNING.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
HEMMER: It was 1983, right -- '83? All right. Twenty-one short years ago.
Welcome back. "90-Second Pop" on a Monday. Say hello to Sarah Bernard, contributing editor for "New York" magazine.
Good morning, Sarah.
SARAH BERNARD, "NEW YORK" MAGAZINE: Good morning.
HEMMER: "Rolling Stone" contributing editor Toure is back today.
Good morning.
TOURE, "ROLLING STONE": Thanks.
HEMMER: And comedian Jessi Klein, contributor to VH1, and the hottest thing going is what we understand.
(CROSSTALK)
JESSI KLEIN, COMEDIAN, VH1 CONTRIBUTOR: Oh, stop it.
HEMMER: Give us the goods, girl.
Michael Jackson is miffed. He put out a statement at the end of last week that says he doesn't want to be referred anymore as, what, "Wacko Jacko?"
KLEIN: Apparently he's sick of being called "Wacko Jacko." Here's the thing: Michael Jackson has obviously taken a beating in the press, and it's getting worse and worse as his trial approaches.
But here's my thing: This guy has mangled his own face. He dangled his baby over a balcony. He at least sleeps in a bed with boys that he doesn't know. I think "Wacko Jacko" is kind. I think it's pretty generous. It could get a lot worse.
BERNARD: Do you know what I think it is? He didn't go to probably a proper prep school, a high school situation. He was on tour with his brothers. He doesn't understand you can't pick your own nicknames.
KLEIN: That's right. It's not a choice.
BERNARD: It's not like...
KLEIN: It is not a choice.
BERNARD: Yes.
TOURE: If you could, like -- like, the American mind, like remember "Eternal Sunshine of the Spotless Mind?" If you go inside the American mind and you'd see Michael Jackson, and weirdness would be hung all over him. You can't separate them.
HEMMER: Tough to escape, huh?
TOURE: Yes.
HEMMER: On the one hand, don't dangle the baby.
KLEIN: Don't dangle the baby!
BERNARD: Yes.
HEMMER: Pull it back.
TOURE: Don't have children with other women.
KLEIN: Yes, yes.
HEMMER: The second topic, Toure -- let's talk about the Olympics.
TOURE: Let's talk the Olympics.
HEMMER: First, it was Puerto Rico. Then it was Lithuania. Look out, Angola, baby, because the U.S. men's hoops team is back on the floor. What is happening with this group?
TOURE: Well, I mean, we know they can't shoot, because that's not what the culture of the NBA is about. The culture of the NBA is about slam dunks. And the rules of the NBA are made so that you can get slam dunks and lay-ups in the paint, and the international games are not about that. The NBA is sending its superstars to lose. This is embarrassing for everyone. HEMMER: Who would pick that strategy then? If you are going to take a team to the Olympics, you know every team around the world plays zone defense. So, you've got to get some shooters.
TOURE: And they are all playing together for years and years. We've got to send like the best NBA team or third best NBA team.
BERNARD: But they're on trial.
(CROSSTALK)
TOURE: Or maybe the best college team. But like, to send an all-star collection, it doesn't work when the other teams are playing together for years and years.
KLEIN: Or maybe the NBA just needs to start teaching players fundamental basketball again.
HEMMER: Well...
KLEIN: How about that? It's a crazy idea, a crazy idea.
HEMMER: I read a stat here, Sarah, only the second loss since the Dream Team was put together in 1992, is that right?
TOURE: No, this is only the second loss -- this is the fourth loss in competition ever.
HEMMER: The fourth loss since then?
TOURE: Ever! They've lost twice before this one and twice in this Olympiad.
BERNARD: OK. But you guys are being so harsh, because they could still win a medal. It's still possible.
TOURE: A medal is pathetic.
KLEIN: I think I see a pig flying past...
TOURE: Like a bronze medal is pathetic.
HEMMER: You know what, Sarah? I think your conventional wisdom, going against it is exactly right. They could still medal. And you watch for that.
BERNARD: Yes? They could still medal, and then everybody will have to talk about it.
HEMMER: Larry Brown will be coming back for you.
TOURE: Anything less than a gold is pathetic.
HEMMER: We got to run. Thanks. Good to see all three of you on a Monday -- Daryn?
(END VIDEOTAPE)
KAGAN: And for our viewers, if the suspense is totally killing you, then don't listen. But the score of USA against Angola -- 89-54. The U.S. pulls it out.
JACK CAFFERTY, CNN ANCHOR: Well, it's -- correct me if I'm wrong. Didn't the previous Dream Teams that did so well in the Olympics play by the same NBA rules than these bunch of guys that are over there losing to territories and islands and stuff?
KAGAN: Yes -- yes, they did. I think the quality of player you have is not like when you had Barkley and Jordan and those guys playing.
CAFFERTY: That's fine. I mentioned that the other morning.
KAGAN: No one listens to you?
CAFFERTY: Got in trouble for that, too. Surprise, surprise.
KAGAN: You? In trouble?
What about today's answers.
CAFFERTY: The question is: Do you think Congress is moving in the right direction on this intelligence reform? We had this thing come out over the weekend that the Senate Intelligence Committee's got some ideas on how they want to make some changes now.
Sheldon in Forksville, Virginia, writes: "Congress is wise to be putting some of these decisions off until after the November election. Actually, our present intelligence gathering system is not all that badly flawed. We simply don't have leadership competent enough to make it work."
Fenton in New Rochelle writes: "There's a real danger that, if not constituted properly, this new national intelligence directorate will become an American KGB." Be careful what you wish for. "Also bear in mind, we truly don't know how affective the current intelligence organizations are because we're only told about the failures."
And finally, Ron in San Antonio: "Congress just doesn't get it. Their motives, like Bush's, are political, self-serving, and have nothing to do about the security of United States. We need to restructure Congress by voting them all out of office!"
Am@cnn.com. No, we're done. Don't write anymore. I don't want to hear from you until tomorrow. Leave me alone.
KAGAN: We can never leave you alone, Jack.
HEMMER: What are your thoughts on Olympic basketball, Jack? Never mind.
A lot of changes in overtime starting today. In fact, new rules go into effect -- who wins and who loses. Andy Serwer is "Minding Your Business" -- here to help sort it all out for us, and we need the help, too.
Good morning to you.
ANDY SERWER, CNN ANCHOR: Good morning.
HEMMER: First -- the markets. How are we looking down on Wall Street?
SERWER: Let's do that. Stocks trading up a little bit this morning, Bill. The Dow is up, what, about 12 points now? Down three? You know, if I don't watch that thing every second, it will happen to me.
What's moving this morning? Wal-Mart is down a bit; says its August sales are weak. That's because back to school is not really kicking in yet, and they had to close a lot of stores in Florida because of the hurricane. FedEx is moving up. Their numbers continue to impress the Street -- up $2 to $81. Price of oil is down a little bit.
Let's talk about the new overtime guidelines, Bill, because they are confusing. They're out today. It's official. New guidelines, the overtime for first time in several decades. Now, the White House saying only 100,000 people will be off of overtime. So, liberal think tanks and Democrats saying as many as six million. Wouldn't it be surprising if the answer was somewhere in between? Would you be surprised?
Let's check out some of the new guidelines. Here's how it works. If you have a set salary, you will not be able to receive overtime. You've got to get paid by the hour to get time-and-a-half to get OT. If you make over $100,000, you will not receive OT; if you make less than 23, you will get OT. If you're in the middle, let's go to number three, then you only get overtime if you are not an administrative professional or an executive. In other words, if you're a white- collar type, you can't get overtime anymore.
And that is a huge gray area here, Bill, because so many people say managers of fast-food restaurants, sort of in between a white collar and a blue collar job.
I want to talk about a few categories here of people who can't get overtime, because this is where it all comes down. Here's some job categories. I mean, you can see here: Chefs -- what have we got -- pharmacists, embalmers -- see, the guys on "Six Feet Under"...
HEMMER: Yes?
SERWER: You guys aren't going to be able to get overtime anymore.
HEMMER: You're out.
SERWER: None of these funeral directors, embalmers. HEMMER: How about these reporters?
SERWER: And journalists, the same kind of thing, you know? You know, no more overtime, as well as you can see some of the other categories here.
So, it will be interesting to see how this shakes out going forward, because obviously time-and-a-half is a big part of people's salaries.
HEMMER: How in the world do they come up with those categories?
SERWER: You know, these are the types of jobs that are sort of white collar jobs where people have been working overtime, and they're saying, you know, you're really sort of a managerial type -- those embalmers, I guess? You know, supervising -- we don't want to go there.
HEMMER: I guess.
SERWER: I guess. It's very fuzzy. You know, we should let Jack weigh in. But no. Probably the higher-ups...
HEMMER: Great to have you back, by the way.
SERWER: Thank you. Good to see you.
HEMMER: You, too. Here's Daryn.
KAGAN: He's making embalming jokes.
HEMMER: Yes, I knew he was.
KAGAN: Help me here.
HEMMER: We want to get him going.
KAGAN: OK, still to come, we're going to check in on a few old friends. Remember the five viewers who took part in our "New You" segment to start off the year? Well, Dr. Sanjay Gupta is checking in to see how they're doing.
Stay with us on AMERICAN MORNING.
(COMMERCIAL BREAK)
HEMMER: January and February, we challenged AMERICAN MORNING viewers to take their own "New You" resolutions to feel better, get fit. Out of the thousands of people who e-mailed us, we chose five to take the physical and mental challenge. Cameras rolling by the way, too.
KAGAN: Yes, for eight weeks, we followed them through their ups and downs, and we haven't left them alone. It's been six months since we saw the fab five last time.
Dr. Sanjay Gupta joins us from CNN Center to begin our six-month checkup.
Hello, Sanjay.
DR. SANJAY GUPTA, CNN MEDICAL CORRESPONDENT: Yes, I'm not very good at leaving people alone, Daryn, that's right. After an intense eight weeks and lots of individual successes, all five new viewers have had a few months to either keep it up or to drop the ball. This week, we're going to see how each one is doing.
But first, here's a refresher on our "New You" team.
(BEGIN VIDEOTAPE)
GUPTA (voice over): Last January, five viewers from around the country took on a "New You" resolution to change their lives and improve themselves both physically and mentally. For eight weeks we followed their successes and their pitfalls.
Our stressed-out businessman, 44-year-old David Peck, a husband, father of two. He was concerned about his strong family history of heart disease and his own high-stress career.
DAVID PECK, "NEW YOU" PARTICIPANT: The stress to go down, the energy to go up, and lose weight.
GUPTA: After abnormal stress test results at the doctor's office, he traded in his fast-paced high-travel job for one closer to home and lost 10 pounds in the process. So, has David managed to stay out of the rat race?
Our youngest participant, 25-year-old Kimberly Everett, a busy single woman working two jobs. She knew her typical meals of cheese sticks or fried foods needed to change to get the figure she wanted.
KIMBERLY EVERETT, "NEW YOU" PARTICIPANT: I'm going to be so sexy you guys are not going to be able to stand me.
UNIDENTIFIED FEMALE: Kim is not doing to do the diet.
EVERETT: Yes, I am!
GUPTA: Despite a couple of skipped training sessions and some doubts of determination from her sister, Toy (ph), Kim dropped 8 inches, 10 pounds and 4 percent body fat in just two months. So, did Kim continue to prove sis wrong by keeping it off?
Our pack-a-day smoker, 32-year-old Kathryn Burkholder, she looked healthy, but she couldn't quit the habit, even after trying 12 times.
KATHRYN BURKHOLDER, "NEW YOU" PARTICIPANT: In an hour I could probably smoke 10 cigarettes if I just sat here and did it. And it wouldn't be hard for me to do that.
GUPTA: With the aid of counseling and medication, she quit cold turkey. With "New You," she went cigarette-free for two months and didn't pack on any additional pounds. Now that she's off the medication, has she stayed smoke-free?
Our new parents, Pam and Michael Kirkbride, after the birth of their baby girl, Olivia, they were sleepless, exhausted, and had gained 40 pounds together. As Michael worked two jobs and studied for his MBA, Pam dealt with coping as a working mom.
PAM KIRKBRIDE, "NEW YOU" PARTICIPANT: I'm pretty much on the go and I hide the fact that I'm tired all the time.
MICHAEL KIRKBRIDE, "NEW YOU" PARTICIPANT: They're going to help you find time to go to the gym and eat well? Bring it well.
GUPTA: "New You" made them find the time to take care of themselves, and in the two months they shed 27 pounds together. Did the new parents keep it up after the cameras were turned off?
(END VIDEOTAPE)
GUPTA: And there they are. The fab five. That's the "New You" fab five. Experts say a habit is formed in three weeks. These folks kept it up for eight.
But have they made permanent lifestyle changes, or did they fall off the plan once we disappeared? That's the question we're going to answer this week, Daryn.
KAGAN: And you're going to do it parts past by participant? Who do we check in on first, Sanjay?
GUPTA: Well, we're going check in with David Peck. You'll remember him. He's the stressed-out businessman, the guy that had a pretty tough lifestyle. You're going to find some surprises. We also recommended soy for him. We want to know what he thought of the taste, and whether he was able to stick with that as well. We'll tell you why we recommended that as well. That's all tomorrow, Daryn.
KAGAN: Good, tasty.
HEMMER: I know a few other stressed-out businessmen right here with me on the couch.
KAGAN: We'll check in with David. Sanjay, thanks for that.
HEMMER: Make sure you join us all week long for our "New You" six-month checkup here on AMERICAN MORNING. We'll check back in with all of our participants throughout the week.
Coming up next hour on CNN, we are hanging 10 with a surfing expert. Love this. Betty Nguyen talks to the author of "Have Board, Will Travel." I bet. All about the story, the history of surfing, skating and "snowmoboarding," next hour here. We're back in a moment on AMERICAN MORNING, after this.
(COMMERCIAL BREAK)
HEMMER: We are way out of time. Have a great Monday. Here's Betty Nguyen at the CNN Center, taking you through the next hour.
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