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CNN Saturday Morning News

Legal Analyst with Nelda Blair, Lida Rodriguez-Tassef

Aired August 28, 2004 - 08:00   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.


DREW GRIFFIN, CNN ANCHOR, CNN SATURDAY MORNING: It is August 28 and we say good morning to you. I'm Drew Griffin. It is 8 a.m. here in at CNN Headquarters in Atlanta; 5 a.m. out on the West Coast.
BETTY NGUYEN, CNN SATURDAY MORNING: I'm Betty Nguyen. Thanks so much for waking up with us. We have a lot to tell you about, "Now in the News".

A high-level Pentagon employee may be a spy for Israel. Sources tell CNN an FBI investigation has been going on for several months. The Israeli embassy in Washington denies the allegation.

Secretary of State Colin Powell will not attend tomorrow's closing ceremonies for the Olympic Games as planned. A State Department news release says pressing business in Washington prompted the last minute cancellation.

Now to Iraq: A mortar attack killed two civilians in eastern Baghdad today. Explosions went off near several government offices. Firefights continue between the Iraqi national guard, backed by U.S. forces, and insurgents in the Shiite neighborhood of Sadr City.

Further south, U.S. Marines remain in place around Najaf and neighboring Kufa. It is just a precaution even though Iraqi forces have assumed control of security in Najaf's old city. A truce worked out by top Shia clerics is holding so far, ending three weeks of raging battles in Najaf.

GRIFFIN: That is a brief look at what is happening. Here is what we have in the next half hour. In New York, we're counting down to the GOP convention. We will have a live report from New York. Just minutes away.

Jury selection in the Kobe Bryant trial is under way. The prosecution adds another wrinkle to that sexual assault case. More on that in our legal briefs in less than 20 minutes.

When it comes to your children's health, are your kids really ready to go back to school? We'll find out in 30 minutes in "House Call" with Dr. Sanjay Gupta.

NGUYEN: Back it our top story this morning, the FBI investigation into high-level Pentagon employee who may be spying for Israel. One senior government official confirming the story to CNN says, the alleged mole working for Israel could have been in a position to influence Bush administration policy towards Iran and Iraq.

The Defense Department issued this statement that it, quote, "has been cooperating with the Department of Justice on this matter for an extended period of time. It is the DoD's understanding that the investigation within the Dod is limited in its scope."

Now this response from an Israeli embassy spokesman - "We deny these allegations. The United States is Israel's most cherished friend and ally. We have a strong ongoing, working relationship at all levels. And in no way would Israel do anything to impair this relationship."

We, of course, here at CNN will have much more on this story from a live story from the White House in the next hour of CNN SATURDAY MORNING.

GRIFFIN: In Manhattan this week, a thin blue line, much more noticeable. Thousands of police and other security officers on duty for the four-day Republican National Convention. It starts on Monday.

Some estimates say 200,000 demonstrators could show up there. Protests and support rallies expected to cross the city. Police have already mixed it up with environmentalists. About 5,000 cyclists made their monthly ride last night through Manhattan. They rolled into trouble at key security locations including the streets around Madison Square Garden. About 250 cyclists were arrested along the bike route, mostly for blocking traffic. Some cyclists complained the police action was unjustified.

NGUYEN: The polls show an extremely tight race between George Bush and John Kerry. The Bush/Cheney team will be looking for a surge following the GOP convention. CNN's Bob Franken is outside Madison Square Garden to preview what's ahead.

Good morning, Bob. Is all calm now?

BOB FRANKEN, CNN CORRESPONDENT: As calm as can be in this city that never sleeps. Drew a moment ago referred to the thin blue line. I think it is fair to say we have a very thick blue line for the convention.

I figured it out, there is about one security person for every two and a half people visiting the city. Reporters, conventioneers and the like, that number is about 50,000. In fact there are 66 different security organizations making sure they've done everything they did to protect against violence and also to make life as tedious at this convention as it was at the Democratic convention last month with the same kind of presence in Boston.

The big concern, of course, is the first concern is going to be the demonstrations. There are predictions 250,000 malcontents, dissidents, may show up for a variety of causes. Today, there is going to be a demonstration by a combined group of people who are involved with social issues and feminism and the like, it will be winding its way from Brooklyn. But the big demonstrations are expected tomorrow. One of the big questions is going to be whether the rerouting and agreements they've come up with -- which would by the way, take the demonstrators in this area around here -- whether the restrictions on use of Central Park are going to be where there is trouble.

Meanwhile, inside Madison Square Garden, there is quite a bit of activity there as you might imagine. Final preparations. In fact, the floor of the convention is not really a floor. They built a raised floor there. Down below on the real floor, that's where various office space is. It is also where a hydraulic stage will be rising for entertainers.

On Wednesday night after the convention shuts down they are going to create a special stage for President Bush when he gives his acceptance speech on Thursday night. He'll be operating on one that is a circular stage, sort of a theater in the round.

This is all political theater. That is really under way. Some of the acts are being played out off the main stage. For instance, in Florida, President Bush was campaigning, a state that has very suddenly become competitive. Then Vice President Cheney was in Michigan doing his part.

Democrats are going into what will be a hiatus on the campaign trail. However, they are going to here in abundance, too. Running the counter-convention exactly as the GOP during the Democratic convention.

So, there is an awful lot on the plate right now. New York City is always the city that is full of tension and it certainly is, as we get to the Republican National Convention, which officially starts Monday -- Betty.

NGUYEN: Speaking of that tension, Bob reading that the anti- abortion and Planned Parenthood groups will be protesting, are police expecting clashes between the two during these protests?

FRANKEN: Well, they're ready for that. There is always tension, of course, when the two of them cross paths. There has been in past a little bit of violence. But there are so many police people here that it will be certainly discouraging any major trouble.

NGUYEN: CNN's Bob Franken. Thank you so much, Bob.

GRIFFIN: The Internet has become a critical part of the campaign. The web now crowded with sites offering everything from the next political rally to candidate's stands on various issues. How about this one? A Web site that shows how much your neighbors are contributing to presidential candidates.

All you have to do is plug in a zip code or somebody's name. It is one of the political sites we will feature tomorrow morning when we debut a new segment. It is called the "Best of the Web" Help you navigate the Internet. That is on "CNN Sunday Morning" at 9:00 a.m. Eastern Time. Stay with CNN for all your convention coverage. An in-depth look at the president, "CNN Presents, The Mission of George W. Bush" at 8:00 p.m. Eastern Time. Followed by a special edition of "Larry King Live". And at 10:00, join Wolf Blitzer and Judy Woodruff for "America Votes 2004,' a preview of the Republican Convention.

NGUYEN: Continuing to talk politics this morning, Senator John Kerry is as far from New York City as physically possible, and still be in the Lower 48. He has a campaign appearance in afternoon in Tacoma, Washington. On the stump, the Democratic candidate is hitting on pocketbook issues.

(BEGIN VIDEO CLIP)

JOHN KERRY (D), PRESIDENTIAL CANDIDATE: You're playing by the rules. And you are trying to raise your kids, you're trying to pay your health care and you are trying to send the kid to college, and put money away. Know you can retire and leave the good life. That's the American dream.

And what is happening is more and more people are finding it harder no matter how much they obey the rules to be able to make it work for them.

(END VIDEO CLIP)

NGUYEN: The latest CNN analysis shows that were the election held today, President Bush would hold a slight lead in electoral college votes.

GRIFFIN: A new toy has parents in shock and stores scrambling to get them off the shelves. We'll show it to you.

NGUYEN: Plus, controversy in the Kobe Bryant case shifts to the laboratory. We'll talk about who it helps and who it hurts.

GRIFFIN: Making sure your child is in tip-top shape to head back to school. A look at what parents can do to help them head on "House Call."

(COMMERCIAL BREAK)

(WEATHER FORECAST)

NGUYEN: This just in. Two men have been arrested in New York in connection with an alleged plot to bomb a subway station in Midtown Manhattan. The station is at 34th Street near Madison Square Garden, where the Republican convention begins on Monday.

But authorities can find no evidence the men planned to disrupt the convention. They say the two tried to get explosives to bomb the station, but did not succeed in that. Officials say one of the men may be linked to a terrorist organization, but they're not believed to be linked to al Qaeda.

They were arrested yesterday and are expected to appear in federal court in Brooklyn. The story is being reported by the Associated Press and "The New York Times".

GRIFFIN: "News from Across America": A heavy storm system settled over Kansas City deluging the metro area with several inches of rain, up to six inches, leaving low-lying roads under water. Firefighters rescued dozens of people caught in swift-moving water there.

Three University of Mississippi students are dead. Killed in a fire that swept their fraternity house. And 20 other students and the house mother escaped the blaze at the Alpha Tao Omega frat house. The fire, which broke out before dawn, left much of the upper floor damaged.

The 9/11 replica toy inside bags of candy has parents irate and retailers pulling the bags off the shelves. The toy depicts a plane flying into a building, which looks like the World Trade Center. The bags of candy were imported from Mexico.

NGUYEN: More phone calls and apparently more lies. But does any of it tell us what happened to Laci Peterson? The week's courtroom dramas still ahead.

(COMMERCIAL BREAK)

GRIFFIN: Time for "Legal Briefs". Kobe Bryant's lawyers call it cheap headlines. Prosecutors, this week, asked to throw out DNA tests the defense wants to use. The reason, prosecutors say the samples are tainted and won't prove anything.

The defense says the DNA is fine and will show Kobe Bryant's accuser was quite active, sexually, before and after the encounter with Bryant.

And in the Scott Peterson trial, there is more evidence showing Scott Peterson is indeed a liar. But is he a murderer? Bryant and Peterson on the docket this morning in our "Legal Briefs". Let's toss these hot potatoes to our legal combatants civil liberties attorney Lida Rodriguez-Tassef, in our Miami bureau. And our very patriotic former Texas prosecutor Nelda Blair, is in Houston.

Nelda, the Amber Frey tapes, they were certainly interesting. But did it get anywhere in terms of the prosecution on murder charge for Scott Peterson?

NELDA BLAIR, FMR. TEXAS PROSECUTOR: Sure it did, absolutely. We have to remember this is a -- not a smoking gun case, there is no eyewitness. This is a prime circumstantial case against Scott Peterson.

Although each one of those pieces of evidence that the prosecution presents may not convict him by itself, when the prosecution finishes building this wall, brick by brick, I think Scott Peterson is going away.

GRIFFIN: So, Lida, is that really going to be enough? LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Absolutely not. Salacious, not substantive. That's all I can say about Amber Frey's testimony.

All she had to say was that Scott Peterson was a liar. But actually, she weakened the prosecution's case because the prosecution has to be able to prove that some common, every day normal functioning guy changed his ways and all of a sudden turned into a murderer.

They intended to do it by arguing he was obsessed with her, that he was in love with her. And all that these tapes prove is that he was nothing but a dog. He wasn't in love. He wasn't obsessed. And a dog doesn't murder. If that was the case, there would be a shortage of women out there. There is no evidence that Amber Frey really provided that actually convicts Scott Peterson.

GRIFFIN: Nelda, you don't think we'll see anything in terms of hard, physical evidence linking him to the murder. This will be purely circumstantial evidence.

BLAIR: Well, it is a circumstantial case. There is physical evidence, you know, the hair in the boat. And a lot of facts that the prosecution is going to present are partly physical evidence. But no, there is no smoking gun, there is no eyewitness. It is a circumstantial case.

But it is a substantial case. It is a good case against him. I think that Amber Frey's testimony was very pertinent to show a whole lot more than this guy is just a liar. It shows he's scheming. It shows he's planning. He tried to sell his house a month after his wife is still missing. There is something more to this guy than he's a normal guy.

And, Lida, if you think this guy is normal, I would like to introduce you to some more men.

RODRIGUEZ-TASSEF: Thanks, Nell.

GRIFFIN: Lida, let's move on to our next case, which is the Kobe Bryant case. Talk about physical evidence. There may be too much physical evidence for the prosecution. They want the DNA tests to be removed from this trial. They say it is tainted and kind of sounds like a defense motion.

RODRIGUEZ-TASSEF: It is a low-down dirty trick. That's all it is.

What they're trying to do is they're trying grab headlines by saying that the DNA is tainted. What they're really saying is that the control sample of DNA is tainted. Not that the test samples were tainted. But, hey if you didn't understand my little explanation now, that's exactly that they want.

Because it is so complicated that all they want to have out there is the word tainted associated with defense DNA because they think they can score brownie points. It is sleazy, it is dirty. The test samples were perfect and show that Kobe Bryant's accuser had sex with another man after she alleges she was raped by Bryant.

GRIFFIN: But, Lida, wouldn't you say this is usually a move associated with the defense in this kind of case?

RODRIGUEZ-TASSEF: Yes. Absolutely. It shows the desperation of the prosecution. The defense is usually the desperate one. Here the defense is in the catbird seat and I would love to hear what Nelda has to say about that.

BLAIR: Well, Lida, number one, there is no need to call the prosecution nasty names. The prosecution is only doing its job in this case. And you know what, they're doing a good job of it because if that DNA, the sample or anything else is remotely tainted, then it crucifies the defense in this situation.

Because all the defense has to go on is a lack of credibility on the part of the accuser. This is a he said/she said and they need to do everything they can to destroy the she said part. And if the DNA evidence is a problem, if it has any problem at all, then the -- then any evidence she had sex with another man after Kobe Bryant is also destroyed. And that really helps the prosecution.

GRIFFIN: Nelda, the judge in the case chastised the prosecution for this late edition, this late added motion to get rid of the DNA evidence. The prosecution says, listen, judge, we have not had $12 million to pay for the experts. Is this a small county in Colorado going up against big dollar talent?

BLAIR: Sure it is. Absolutely. Kobe Bryant does have millions of dollars to spend and he would obviously spend it on his own defense. And yes, the prosecution does have limited funds. And maybe they should have brought it up earlier, but it doesn't matter. What really matters is if the DNA evidence is contaminated, it doesn't matter when it comes up. It is very important to the case.

RODRIGUEZ-TASSEF: Of course it matters, Nelda. You know very well that the prosecution's snide remark about the $12 million was only directed at inflaming the approximately 500 people that showed up on Friday to fill out questionnaires. That's all this is designed to do.

This is designed to make the defense look rich and the prosecution look poor. That the defense look bad, and the prosecution look good. And it is not working and you know it, Nelda. That's why they tried it.

BLAIR: The bottom line is, who the jury believes is what is going to make this case.

GRIFFIN: And, ladies, that jury begins questioning on Monday, perhaps we'll have a jury by the end of the week and see how this goes.

Thank you, both, for joining us.

BLAIR: Thank you. RODRIGUEZ-TASSEF: Take care, Drew.

GRIFFIN: Thank you.

NGUYEN: We have been asking you some questions throughout the morning. The question of the day is, which Olympic sport is the hardest to score?

We have some responses now.

Greg in Union, New Jersey, writes: "Apparently, it must be boxing. In every match I've watched the five judges, and their computerized scoring, fail to record points for any body punches."

GRIFFIN: And here is one of our male viewers: I think the most difficult Olympic sport to score would have to be synchronized swimming; having to watch that many sets of legs at one time can't be easy."

NGUYEN: Mm, tough job.

GRIFFIN: Army 1st Class Ryan Lively, from the Air Force.

NGUYEN: And we invite you to continue sending in your responses to our e-mail question of the day. Send it to wam@cnn.com. We'll read those on the air.

We knew they were bad for our teeth. But new studies show soft drinks may lead to health problems that are much more dangerous. What soda is doing to your body in the next hour of CNN LIVE SATURDAY.

GRIFFIN: From vaccinations to the proper backpack. Everything you need to know to help your child start the school year on the right foot. Straight ahead on "House Call."

(COMMERCIAL BREAK)

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Aired August 28, 2004 - 08:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DREW GRIFFIN, CNN ANCHOR, CNN SATURDAY MORNING: It is August 28 and we say good morning to you. I'm Drew Griffin. It is 8 a.m. here in at CNN Headquarters in Atlanta; 5 a.m. out on the West Coast.
BETTY NGUYEN, CNN SATURDAY MORNING: I'm Betty Nguyen. Thanks so much for waking up with us. We have a lot to tell you about, "Now in the News".

A high-level Pentagon employee may be a spy for Israel. Sources tell CNN an FBI investigation has been going on for several months. The Israeli embassy in Washington denies the allegation.

Secretary of State Colin Powell will not attend tomorrow's closing ceremonies for the Olympic Games as planned. A State Department news release says pressing business in Washington prompted the last minute cancellation.

Now to Iraq: A mortar attack killed two civilians in eastern Baghdad today. Explosions went off near several government offices. Firefights continue between the Iraqi national guard, backed by U.S. forces, and insurgents in the Shiite neighborhood of Sadr City.

Further south, U.S. Marines remain in place around Najaf and neighboring Kufa. It is just a precaution even though Iraqi forces have assumed control of security in Najaf's old city. A truce worked out by top Shia clerics is holding so far, ending three weeks of raging battles in Najaf.

GRIFFIN: That is a brief look at what is happening. Here is what we have in the next half hour. In New York, we're counting down to the GOP convention. We will have a live report from New York. Just minutes away.

Jury selection in the Kobe Bryant trial is under way. The prosecution adds another wrinkle to that sexual assault case. More on that in our legal briefs in less than 20 minutes.

When it comes to your children's health, are your kids really ready to go back to school? We'll find out in 30 minutes in "House Call" with Dr. Sanjay Gupta.

NGUYEN: Back it our top story this morning, the FBI investigation into high-level Pentagon employee who may be spying for Israel. One senior government official confirming the story to CNN says, the alleged mole working for Israel could have been in a position to influence Bush administration policy towards Iran and Iraq.

The Defense Department issued this statement that it, quote, "has been cooperating with the Department of Justice on this matter for an extended period of time. It is the DoD's understanding that the investigation within the Dod is limited in its scope."

Now this response from an Israeli embassy spokesman - "We deny these allegations. The United States is Israel's most cherished friend and ally. We have a strong ongoing, working relationship at all levels. And in no way would Israel do anything to impair this relationship."

We, of course, here at CNN will have much more on this story from a live story from the White House in the next hour of CNN SATURDAY MORNING.

GRIFFIN: In Manhattan this week, a thin blue line, much more noticeable. Thousands of police and other security officers on duty for the four-day Republican National Convention. It starts on Monday.

Some estimates say 200,000 demonstrators could show up there. Protests and support rallies expected to cross the city. Police have already mixed it up with environmentalists. About 5,000 cyclists made their monthly ride last night through Manhattan. They rolled into trouble at key security locations including the streets around Madison Square Garden. About 250 cyclists were arrested along the bike route, mostly for blocking traffic. Some cyclists complained the police action was unjustified.

NGUYEN: The polls show an extremely tight race between George Bush and John Kerry. The Bush/Cheney team will be looking for a surge following the GOP convention. CNN's Bob Franken is outside Madison Square Garden to preview what's ahead.

Good morning, Bob. Is all calm now?

BOB FRANKEN, CNN CORRESPONDENT: As calm as can be in this city that never sleeps. Drew a moment ago referred to the thin blue line. I think it is fair to say we have a very thick blue line for the convention.

I figured it out, there is about one security person for every two and a half people visiting the city. Reporters, conventioneers and the like, that number is about 50,000. In fact there are 66 different security organizations making sure they've done everything they did to protect against violence and also to make life as tedious at this convention as it was at the Democratic convention last month with the same kind of presence in Boston.

The big concern, of course, is the first concern is going to be the demonstrations. There are predictions 250,000 malcontents, dissidents, may show up for a variety of causes. Today, there is going to be a demonstration by a combined group of people who are involved with social issues and feminism and the like, it will be winding its way from Brooklyn. But the big demonstrations are expected tomorrow. One of the big questions is going to be whether the rerouting and agreements they've come up with -- which would by the way, take the demonstrators in this area around here -- whether the restrictions on use of Central Park are going to be where there is trouble.

Meanwhile, inside Madison Square Garden, there is quite a bit of activity there as you might imagine. Final preparations. In fact, the floor of the convention is not really a floor. They built a raised floor there. Down below on the real floor, that's where various office space is. It is also where a hydraulic stage will be rising for entertainers.

On Wednesday night after the convention shuts down they are going to create a special stage for President Bush when he gives his acceptance speech on Thursday night. He'll be operating on one that is a circular stage, sort of a theater in the round.

This is all political theater. That is really under way. Some of the acts are being played out off the main stage. For instance, in Florida, President Bush was campaigning, a state that has very suddenly become competitive. Then Vice President Cheney was in Michigan doing his part.

Democrats are going into what will be a hiatus on the campaign trail. However, they are going to here in abundance, too. Running the counter-convention exactly as the GOP during the Democratic convention.

So, there is an awful lot on the plate right now. New York City is always the city that is full of tension and it certainly is, as we get to the Republican National Convention, which officially starts Monday -- Betty.

NGUYEN: Speaking of that tension, Bob reading that the anti- abortion and Planned Parenthood groups will be protesting, are police expecting clashes between the two during these protests?

FRANKEN: Well, they're ready for that. There is always tension, of course, when the two of them cross paths. There has been in past a little bit of violence. But there are so many police people here that it will be certainly discouraging any major trouble.

NGUYEN: CNN's Bob Franken. Thank you so much, Bob.

GRIFFIN: The Internet has become a critical part of the campaign. The web now crowded with sites offering everything from the next political rally to candidate's stands on various issues. How about this one? A Web site that shows how much your neighbors are contributing to presidential candidates.

All you have to do is plug in a zip code or somebody's name. It is one of the political sites we will feature tomorrow morning when we debut a new segment. It is called the "Best of the Web" Help you navigate the Internet. That is on "CNN Sunday Morning" at 9:00 a.m. Eastern Time. Stay with CNN for all your convention coverage. An in-depth look at the president, "CNN Presents, The Mission of George W. Bush" at 8:00 p.m. Eastern Time. Followed by a special edition of "Larry King Live". And at 10:00, join Wolf Blitzer and Judy Woodruff for "America Votes 2004,' a preview of the Republican Convention.

NGUYEN: Continuing to talk politics this morning, Senator John Kerry is as far from New York City as physically possible, and still be in the Lower 48. He has a campaign appearance in afternoon in Tacoma, Washington. On the stump, the Democratic candidate is hitting on pocketbook issues.

(BEGIN VIDEO CLIP)

JOHN KERRY (D), PRESIDENTIAL CANDIDATE: You're playing by the rules. And you are trying to raise your kids, you're trying to pay your health care and you are trying to send the kid to college, and put money away. Know you can retire and leave the good life. That's the American dream.

And what is happening is more and more people are finding it harder no matter how much they obey the rules to be able to make it work for them.

(END VIDEO CLIP)

NGUYEN: The latest CNN analysis shows that were the election held today, President Bush would hold a slight lead in electoral college votes.

GRIFFIN: A new toy has parents in shock and stores scrambling to get them off the shelves. We'll show it to you.

NGUYEN: Plus, controversy in the Kobe Bryant case shifts to the laboratory. We'll talk about who it helps and who it hurts.

GRIFFIN: Making sure your child is in tip-top shape to head back to school. A look at what parents can do to help them head on "House Call."

(COMMERCIAL BREAK)

(WEATHER FORECAST)

NGUYEN: This just in. Two men have been arrested in New York in connection with an alleged plot to bomb a subway station in Midtown Manhattan. The station is at 34th Street near Madison Square Garden, where the Republican convention begins on Monday.

But authorities can find no evidence the men planned to disrupt the convention. They say the two tried to get explosives to bomb the station, but did not succeed in that. Officials say one of the men may be linked to a terrorist organization, but they're not believed to be linked to al Qaeda.

They were arrested yesterday and are expected to appear in federal court in Brooklyn. The story is being reported by the Associated Press and "The New York Times".

GRIFFIN: "News from Across America": A heavy storm system settled over Kansas City deluging the metro area with several inches of rain, up to six inches, leaving low-lying roads under water. Firefighters rescued dozens of people caught in swift-moving water there.

Three University of Mississippi students are dead. Killed in a fire that swept their fraternity house. And 20 other students and the house mother escaped the blaze at the Alpha Tao Omega frat house. The fire, which broke out before dawn, left much of the upper floor damaged.

The 9/11 replica toy inside bags of candy has parents irate and retailers pulling the bags off the shelves. The toy depicts a plane flying into a building, which looks like the World Trade Center. The bags of candy were imported from Mexico.

NGUYEN: More phone calls and apparently more lies. But does any of it tell us what happened to Laci Peterson? The week's courtroom dramas still ahead.

(COMMERCIAL BREAK)

GRIFFIN: Time for "Legal Briefs". Kobe Bryant's lawyers call it cheap headlines. Prosecutors, this week, asked to throw out DNA tests the defense wants to use. The reason, prosecutors say the samples are tainted and won't prove anything.

The defense says the DNA is fine and will show Kobe Bryant's accuser was quite active, sexually, before and after the encounter with Bryant.

And in the Scott Peterson trial, there is more evidence showing Scott Peterson is indeed a liar. But is he a murderer? Bryant and Peterson on the docket this morning in our "Legal Briefs". Let's toss these hot potatoes to our legal combatants civil liberties attorney Lida Rodriguez-Tassef, in our Miami bureau. And our very patriotic former Texas prosecutor Nelda Blair, is in Houston.

Nelda, the Amber Frey tapes, they were certainly interesting. But did it get anywhere in terms of the prosecution on murder charge for Scott Peterson?

NELDA BLAIR, FMR. TEXAS PROSECUTOR: Sure it did, absolutely. We have to remember this is a -- not a smoking gun case, there is no eyewitness. This is a prime circumstantial case against Scott Peterson.

Although each one of those pieces of evidence that the prosecution presents may not convict him by itself, when the prosecution finishes building this wall, brick by brick, I think Scott Peterson is going away.

GRIFFIN: So, Lida, is that really going to be enough? LIDA RODRIGUEZ-TASSEF, CIVIL LIBERTIES ATTORNEY: Absolutely not. Salacious, not substantive. That's all I can say about Amber Frey's testimony.

All she had to say was that Scott Peterson was a liar. But actually, she weakened the prosecution's case because the prosecution has to be able to prove that some common, every day normal functioning guy changed his ways and all of a sudden turned into a murderer.

They intended to do it by arguing he was obsessed with her, that he was in love with her. And all that these tapes prove is that he was nothing but a dog. He wasn't in love. He wasn't obsessed. And a dog doesn't murder. If that was the case, there would be a shortage of women out there. There is no evidence that Amber Frey really provided that actually convicts Scott Peterson.

GRIFFIN: Nelda, you don't think we'll see anything in terms of hard, physical evidence linking him to the murder. This will be purely circumstantial evidence.

BLAIR: Well, it is a circumstantial case. There is physical evidence, you know, the hair in the boat. And a lot of facts that the prosecution is going to present are partly physical evidence. But no, there is no smoking gun, there is no eyewitness. It is a circumstantial case.

But it is a substantial case. It is a good case against him. I think that Amber Frey's testimony was very pertinent to show a whole lot more than this guy is just a liar. It shows he's scheming. It shows he's planning. He tried to sell his house a month after his wife is still missing. There is something more to this guy than he's a normal guy.

And, Lida, if you think this guy is normal, I would like to introduce you to some more men.

RODRIGUEZ-TASSEF: Thanks, Nell.

GRIFFIN: Lida, let's move on to our next case, which is the Kobe Bryant case. Talk about physical evidence. There may be too much physical evidence for the prosecution. They want the DNA tests to be removed from this trial. They say it is tainted and kind of sounds like a defense motion.

RODRIGUEZ-TASSEF: It is a low-down dirty trick. That's all it is.

What they're trying to do is they're trying grab headlines by saying that the DNA is tainted. What they're really saying is that the control sample of DNA is tainted. Not that the test samples were tainted. But, hey if you didn't understand my little explanation now, that's exactly that they want.

Because it is so complicated that all they want to have out there is the word tainted associated with defense DNA because they think they can score brownie points. It is sleazy, it is dirty. The test samples were perfect and show that Kobe Bryant's accuser had sex with another man after she alleges she was raped by Bryant.

GRIFFIN: But, Lida, wouldn't you say this is usually a move associated with the defense in this kind of case?

RODRIGUEZ-TASSEF: Yes. Absolutely. It shows the desperation of the prosecution. The defense is usually the desperate one. Here the defense is in the catbird seat and I would love to hear what Nelda has to say about that.

BLAIR: Well, Lida, number one, there is no need to call the prosecution nasty names. The prosecution is only doing its job in this case. And you know what, they're doing a good job of it because if that DNA, the sample or anything else is remotely tainted, then it crucifies the defense in this situation.

Because all the defense has to go on is a lack of credibility on the part of the accuser. This is a he said/she said and they need to do everything they can to destroy the she said part. And if the DNA evidence is a problem, if it has any problem at all, then the -- then any evidence she had sex with another man after Kobe Bryant is also destroyed. And that really helps the prosecution.

GRIFFIN: Nelda, the judge in the case chastised the prosecution for this late edition, this late added motion to get rid of the DNA evidence. The prosecution says, listen, judge, we have not had $12 million to pay for the experts. Is this a small county in Colorado going up against big dollar talent?

BLAIR: Sure it is. Absolutely. Kobe Bryant does have millions of dollars to spend and he would obviously spend it on his own defense. And yes, the prosecution does have limited funds. And maybe they should have brought it up earlier, but it doesn't matter. What really matters is if the DNA evidence is contaminated, it doesn't matter when it comes up. It is very important to the case.

RODRIGUEZ-TASSEF: Of course it matters, Nelda. You know very well that the prosecution's snide remark about the $12 million was only directed at inflaming the approximately 500 people that showed up on Friday to fill out questionnaires. That's all this is designed to do.

This is designed to make the defense look rich and the prosecution look poor. That the defense look bad, and the prosecution look good. And it is not working and you know it, Nelda. That's why they tried it.

BLAIR: The bottom line is, who the jury believes is what is going to make this case.

GRIFFIN: And, ladies, that jury begins questioning on Monday, perhaps we'll have a jury by the end of the week and see how this goes.

Thank you, both, for joining us.

BLAIR: Thank you. RODRIGUEZ-TASSEF: Take care, Drew.

GRIFFIN: Thank you.

NGUYEN: We have been asking you some questions throughout the morning. The question of the day is, which Olympic sport is the hardest to score?

We have some responses now.

Greg in Union, New Jersey, writes: "Apparently, it must be boxing. In every match I've watched the five judges, and their computerized scoring, fail to record points for any body punches."

GRIFFIN: And here is one of our male viewers: I think the most difficult Olympic sport to score would have to be synchronized swimming; having to watch that many sets of legs at one time can't be easy."

NGUYEN: Mm, tough job.

GRIFFIN: Army 1st Class Ryan Lively, from the Air Force.

NGUYEN: And we invite you to continue sending in your responses to our e-mail question of the day. Send it to wam@cnn.com. We'll read those on the air.

We knew they were bad for our teeth. But new studies show soft drinks may lead to health problems that are much more dangerous. What soda is doing to your body in the next hour of CNN LIVE SATURDAY.

GRIFFIN: From vaccinations to the proper backpack. Everything you need to know to help your child start the school year on the right foot. Straight ahead on "House Call."

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